I

106TH CONGRESS

2D SESSION H. R. 5408

To authorize appropriations for fiscal year 2001 for military activities of

the Department of Defense, for military construction, and for defense

activities of the Department of Energy, to prescribe personnel strengths

for such fiscal year for the Armed Forces, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 2000

Mr. SPENCE introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Commerce, Education and the Workforce, Government Reform, International

Relations, the Judiciary, Resources, Science, Transportation and Infrastructure, Veterans’ Affairs, Ways and Means, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To authorize appropriations for fiscal year 2001 for military

activities of the Department of Defense, for military

construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for

such fiscal year for the Armed Forces, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; FINDINGS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Floyd D. Spence National Defense Authorization Act for

4 Fiscal Year 2001’’.

5 (b) FINDINGS.—Congress makes the following find6 ings:

7 (1) Representative Floyd D. Spence of South

8 Carolina was elected to the House of Representatives

9 in 1970, for service in the 92d Congress, after serv10 ing in the South Carolina legislature for 10 years,

11 and he has been reelected to each subsequent Con12 gress.

13 (2) Representative Spence came to Congress as

14 a distinguished veteran of service in the Armed

15 Forces of the United States.

16 (3) Upon graduation from college in 1952, Rep17 resentative Spence was commissioned as an ensign

18 in the United States Naval Reserve. After entering

19 active duty, he served with distinction aboard the

20 USS CARTER HALL and the USS LSM–397 dur21 ing the Korean War and later served as commanding

22 officer of a Naval Reserve Surface Division and as

23 group commander of all Naval Reserve units in Co24 lumbia, South Carolina. Representative Spence re25 tired from the Naval Reserve in 1988 in the grade

26 of captain, after 41 years of dedicated service.
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1 (4) Upon election to the House of Representa2 tives, Representative Spence became a member of

3 the Committee on Armed Services of that body. Dur4 ing 30 years of service on that committee (4 years

5 of which were served while the committee was known

6 as the Committee on National Security), Represent7 ative Spence’s contributions to the national defense

8 and security of the United States have been pro9 found and long lasting.

10 (5) Representative Spence served as chairman

11 of that committee while known as the Committee on

12 National Security during the 104th and 105th Con13 gresses and serves as chairman of that committee

14 for the 106th Congress. In addition, Representative

15 Spence served as the ranking minority member of

16 the Committee on Armed Services during the 103d

17 Congress.

18 (6) Dozens of awards from active duty and re19 serve military, veterans service, military retiree, and

20 industry organizations and associations have recog21 nized the distinguished character of Representative

22 Spence’s service to the Nation.

23 (7) Representative Spence has been a leading

24 figure in the debate over many of the most critical

25 military readiness, health care, recruiting, and reten-
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1 tion issues currently confronting the Nation’s mili2 tary. His concern for the men and women in uni3 form has been unwavering, and his accomplishments

4 in promoting and gaining support for those issues

5 that preserve the combat effectiveness, morale, and

6 quality of life of the Nation’s military personnel have

7 been unparalleled.

8 (8) During his tenure as chairman of the Com9 mittee on National Security and the Committee on

10 Armed Services of the House of Representatives,

11 Representative Spence has—

12 (A) led efforts to identify and reverse the

13 effect that declining resources and rising com14 mitments have had on military quality of life

15 for service members and their families, on com16 bat readiness, and on equipment modernization,

17 with a direct result of those diligent efforts and

18 of his willingness to be an outspoken proponent

19 for America’s military being that Congress has

20 added nearly $50,000,000,000 to the Presi21 dent’s defense budgets over the past 5 years;

22 (B) been a leading proponent of the need

23 to expeditiously develop and field a national

24 missile defense to protect American citizens and
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1 forward deployed military forces from growing

2 ballistic missile threats;

3 (C) advocated reversing the growing dis4 parity between actual military capability and

5 the requirements associated with the National

6 Military Strategy; and

7 (D) led efforts in Congress to reform De8 partment of Defense acquisition and manage9 ment headquarters and infrastructure and busi10 ness practices.

11 (9) This Act is the 30th annual authorization

12 bill for the Department of Defense for which Rep13 resentative Spence has taken a major responsibility

14 as a member of the Committee on Armed Services

15 of the House of Representatives (including 4 years

16 while that committee was known as the Committee

17 on National Security).

18 (10) In light of the findings in the preceding

19 paragraphs, it is altogether fitting and proper that

20 this Act be named in honor of Representative Floyd

21 D. Spence of South Carolina, as provided in sub22 section (a).
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF

2 CONTENTS.

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows:

5 (1) Division A—Department of Defense Au6 thorizations.

7 (2) Division B—Military Construction Author8 izations.

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions.

12 (b) TABLE OF CONTENTS.—The table of contents for

13 this Act is as follows:

Sec. 1. Short title; findings.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

14 DIVISION A—DEPARTMENT OF DEFENSE

15 AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Defense Health Program.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority.

Sec. 112. Increase in limitation on number of bunker defeat munitions that

may be acquired.

Sec. 113. Reports and limitations relating to Army transformation.

Subtitle C—Navy Programs
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Sec. 121. CVNX–1 nuclear aircraft carrier program.

Sec. 122. Arleigh Burke class destroyer program.

Sec. 123. Virginia class submarine program.

Sec. 124. Limitation during fiscal year 2001 on changes in submarine force

structure.

Sec. 125. ADC(X) ship program.

Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D.

Eisenhower.

Sec. 127. Analysis of certain shipbuilding programs.

Sec. 128. Helicopter support of FFG–7 frigates during fiscal year 2001.

Sec. 129. V–22 cockpit aircraft voice and flight data recorders.

Subtitle D—Air Force Programs

Sec. 131. Annual report on B–2 bomber.

Sec. 132. Report on modernization of Air National Guard F–16A units.

Subtitle E—Joint Programs

Sec. 141. Study of final assembly and checkout alternatives for the Joint Strike

Fighter program.

Subtitle F—Chemical Demilitarization

Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction

technologies.

Sec. 152. Report on assessment of need for Federal economic assistance for

communities impacted by chemical demilitarization activities.

Sec. 153. Prohibition against disposal of non-stockpile chemical warfare material at Anniston chemical stockpile disposal facility.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Management of Space-Based Infrared System—Low.

Sec. 212. Joint Strike Fighter program.

Sec. 213. Fiscal year 2002 joint field experiment.

Sec. 214. Nuclear aircraft carrier design and production modeling.

Sec. 215. DD–21 class destroyer program.

Sec. 216. Limitation on Russian American Observation Satellites program.

Sec. 217. Joint biological defense program.

Sec. 218. Report on biological warfare defense vaccine research and development programs.

Sec. 219. Cost limitations applicable to F–22 aircraft program.

Sec. 220. Unmanned advanced capability combat aircraft and ground combat

vehicles.

Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.

Sec. 222. Army space control technology development.

Subtitle C—Ballistic Missile Defense
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Sec. 231. Funding for fiscal year 2001.

Sec. 232. Reports on ballistic missile threat posed by North Korea.

Sec. 233. Plan to modify ballistic missile defense architecture.

Sec. 234. Management of Airborne Laser program.

Subtitle D—High Energy Laser Programs

Sec. 241. Funding.

Sec. 242. Implementation of High Energy Laser Master Plan.

Sec. 243. Designation of senior official for high energy laser programs.

Sec. 244. Site for Joint Technology Office.

Sec. 245. High energy laser infrastructure improvements.

Sec. 246. Cooperative programs and activities.

Sec. 247. Technology plan.

Sec. 248. Annual report.

Sec. 249. Definition.

Sec. 250. Review of defense-wide directed energy programs.

Subtitle E—Other Matters

Sec. 251. Reports on mobile offshore base concept and potential use for certain

purposes of technologies associated with that concept.

Sec. 252. Air Force science and technology planning.

Sec. 253. Enhancement of authorities regarding education partnerships for purposes of encouraging scientific study.

Sec. 254. Recognition of those individuals instrumental to naval research efforts during the period from before World War II through the

end of the Cold War.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Joint warfighting capabilities assessment teams.

Subtitle B—Environmental Provisions

Sec. 311. Establishment of additional environmental restoration account and

use of accounts for operation and monitoring of environmental

remedies.

Sec. 312. Certain environmental restoration activities.

Sec. 313. Annual reports under Strategic Environmental Research and Development Program.

Sec. 314. Payment of fines and penalties for environmental compliance at Fort

Wainwright, Alaska.

Sec. 315. Payment of fines or penalties imposed for environmental compliance

violations at other Department of Defense facilities.

Sec. 316. Reimbursement for certain costs in connection with the former

Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 317. Necessity of military low-level flight training to protect national security and enhance military readiness.

Sec. 318. Ship disposal project.
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Sec. 319. Defense Environmental Security Corporate Information Management

Program.

Sec. 320. Report on Plasma Energy Pyrolysis System.

Sec. 321. Sense of Congress regarding environmental restoration of former defense manufacturing site, Santa Clarita, California.

Subtitle C—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 331. Use of appropriated funds to cover operating expenses of commissary

stores.

Sec. 332. Adjustment of sales prices of commissary store goods and services to

cover certain expenses.

Sec. 333. Use of surcharges for construction and improvement of commissary

stores.

Sec. 334. Inclusion of magazines and other periodicals as an authorized commissary merchandise category.

Sec. 335. Use of most economical distribution method for distilled spirits.

Sec. 336. Report on effects of availability of slot machines on United States

military installations overseas.

Subtitle D—Department of Defense Industrial Facilities

Sec. 341. Designation of Centers of Industrial and Technical Excellence and

public-private partnerships to increase utilization of such centers.

Sec. 342. Unutilized and underutilized plant-capacity costs of United States arsenals.

Sec. 343. Arsenal support program initiative.

Sec. 344. Codification and improvement of armament retooling and manufacturing support programs.

Subtitle E—Performance of Functions by Private-Sector

Sources

Sec. 351. Inclusion of additional information in reports to Congress required

before conversion of commercial or industrial type functions to

contractor performance.

Sec. 352 Effects of outsourcing on overhead costs of Centers of Industrial and

Technical Excellence and Army ammunition plants.

Sec. 353. Consolidation, restructuring, or reengineering of Department of Defense organizations, functions, or activities.

Sec. 354. Monitoring of savings resulting from workforce reductions as part of

conversion of functions to performance by private sector or

other strategic sourcing initiatives.

Sec. 355. Performance of emergency response functions at chemical weapons

storage installations.

Sec. 356. Suspension of reorganization or relocation of Naval Audit Service.

Subtitle F—Defense Dependents Education

Sec. 361. Eligibility of dependents of American Red Cross employees for enrollment in Department of Defense domestic dependent schools in

Puerto Rico.

Sec. 362. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.
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Sec. 363. Impact aid for children with severe disabilities.

Sec. 364. Assistance for maintenance, repair, and renovation of school facilities

that serve dependents of members of the Armed Forces and

Department of Defense civilian employees.

Subtitle G—Military Readiness Issues

Sec. 371. Measuring cannibalization of parts, supplies, and equipment under

readiness reporting system.

Sec. 372. Reporting requirements regarding transfers from high-priority readiness appropriations.

Sec. 373. Effects of worldwide contingency operations on readiness of military

aircraft and equipment.

Sec. 374. Identification of requirements to reduce backlog in maintenance and

repair of defense facilities.

Sec. 375. New methodology for preparing budget requests to satisfy Army readiness requirements.

Sec. 376. Review of AH–64 aircraft program.

Sec. 377. Report on Air Force spare and repair parts program for C–5 aircraft.

Subtitle H—Other Matters

Sec. 381. Annual report on public sale of certain military equipment identified

on United States Munitions List.

Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.

Sec. 383. Reimbursement by civil air carriers for support provided at Johnston

Atoll.

Sec. 384. Travel by Reserves on military aircraft.

Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.

Sec. 386. Additions to plan for ensuring visibility over all in-transit end items

and secondary items.

Sec. 387. Reauthorization of pilot program for acceptance and use of landing

fees charged for use of domestic military airfields by civil aircraft.

Sec. 388. Extension of authority to sell certain aircraft for use in wildfire suppression.

Sec. 389. Damage to aviation facilities caused by alkali silica reactivity.

Sec. 390. Demonstration project to increase reserve component internet access

and services in rural communities.

Sec. 391. Additional conditions on implementation of Defense Joint Accounting

System.

Sec. 392. Report on Defense Travel System.

Sec. 393. Review of Department of Defense costs of maintaining historical

properties.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.

Sec. 403. Adjustment to end strength flexibility authority.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.
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Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.

Sec. 415. Increase in numbers of members in certain grades authorized to be

on active duty in support of the Reserves.

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Authority for Secretary of Defense to suspend certain personnel

strength limitations during war or national emergency.

Sec. 422. Exclusion from active component end strengths of certain reserve

component members on active duty in support of the combatant commands.

Sec. 423. Exclusion of Army and Air Force medical and dental officers from

limitation on strengths of reserve commissioned officers in

grades below brigadier general.

Sec. 424. Authority for temporary increases in number of reserve component

personnel serving on active duty or full-time national guard

duty in certain grades.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Eligibility of Army and Air Force Reserve colonels and brigadier generals for position vacancy promotions.

Sec. 502. Flexibility in establishing promotion zones for Coast Guard Reserve

officers.

Sec. 503. Time for release of reports of officer promotion selection boards.

Sec. 504. Clarification of requirements for composition of active-duty list selection boards when reserve officers are under consideration.

Sec. 505. Authority to issue posthumous commissions in the case of members

dying before official recommendation for appointment or promotion is approved by Secretary concerned.

Sec. 506. Technical corrections relating to retired grade of reserve commissioned officers.

Sec. 507. Grade of chiefs of reserve components and directors of National

Guard components.

Sec. 508. Revision to rules for entitlement to separation pay for regular and

reserve officers.

Subtitle B—Reserve Component Personnel Policy

Sec. 521. Exemption from active-duty list for reserve officers on active duty for

a period of three years or less.

Sec. 522. Termination of application requirement for consideration of officers

for continuation on the reserve active-status list.

Sec. 523. Authority to retain Air Force Reserve officers in all medical specialties until specified age.

Sec. 524. Authority for provision of legal services to reserve component members following release from active duty.

Sec. 525. Extension of involuntary civil service retirement date for certain reserve technicians.
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Subtitle C—Education and Training

Sec. 531. Eligibility of children of Reserves for Presidential appointment to

service academies.

Sec. 532. Selection of foreign students to receive instruction at service academies.

Sec. 533. Revision of college tuition assistance program for members of Marine

Corps Platoon Leaders Class program.

Sec. 534. Review of allocation of Junior Reserve Officers Training Corps units

among the services.

Sec. 535. Authority for Naval Postgraduate School to enroll certain defense industry civilians in specified programs relating to defense product development.

Subtitle D—Decorations, Awards, and Commendations

Sec. 541. Limitation on award of Bronze Star to members in receipt of imminent danger pay.

Sec. 542. Consideration of proposals for posthumous or honorary promotions or

appointments of members or former members of the Armed

Forces and other qualified persons.

Sec. 543. Waiver of time limitations for award of certain decorations to certain

persons.

Sec. 544. Addition of certain information to markers on graves containing remains of certain unknowns from the U.S.S. Arizona who died

in the Japanese attack on Pearl Harbor on December 7, 1941.

Sec. 545. Sense of Congress on the court-martial conviction of Captain Charles

Butler McVay, Commander of the U.S.S. Indianapolis, and on

the courageous service of the crew of that vessel.

Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband E.

Kimmel and Major General Walter C. Short, senior officers in

command in Hawaii on December 7, 1941.

Sec. 547. Commendation of citizens of Remy, France, for World War II actions.

Sec. 548. Authority for Award of the Medal of Honor to William H.

Pitsenbarger for valor during the Vietnam War.

Subtitle E—Military Justice and Legal Assistance Matters

Sec. 551. Recognition by States of military testamentary instruments.

Sec. 552. Policy concerning rights of individuals whose names have been entered into Department of Defense official criminal investigative

reports.

Sec. 553. Limitation on Secretarial authority to grant clemency for military

prisoners serving sentence of confinement for life without eligibility for parole.

Sec. 554. Authority for civilian special agents of military department criminal

investigative organizations to execute warrants and make arrests.

Sec. 555. Requirement for verbatim record in certain special court-martial

cases.

Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of Military Justice.

Subtitle F—Matters Relating to Recruiting

Sec. 561. Army recruiting pilot programs.
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Sec. 562. Enhancement of recruitment market research and advertising programs.

Sec. 563. Access to secondary schools for military recruiting purposes.

Sec. 564. Pilot program to enhance military recruiting by improving military

awareness of school counselors and educators.

Subtitle G—Other Matters

Sec. 571. Extension to end of calendar year of expiration date for certain force

drawdown transition authorities.

Sec. 572. Voluntary separation incentive.

Sec. 573. Congressional review period for assignment of women to duty on submarines and for any proposed reconfiguration or design of submarines to accommodate female crew members.

Sec. 574. Management and per diem requirements for members subject to

lengthy or numerous deployments.

Sec. 575. Pay in lieu of allowance for funeral honors duty.

Sec. 576. Test of ability of reserve component intelligence units and personnel

to meet current and emerging defense intelligence needs.

Sec. 577. National Guard Challenge Program.

Sec. 578. Study of use of civilian contractor pilots for operational support missions.

Sec. 579. Reimbursement for expenses incurred by members in connection with

cancellation of leave on short notice.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2001.

Sec. 602. Additional restructuring of basic pay rates for enlisted members.

Sec. 603. Revised method for calculation of basic allowance for subsistence.

Sec. 604. Family subsistence supplemental allowance for low-income members

of the Armed Forces.

Sec. 605. Basic allowance for housing.

Sec. 606. Additional amount available for fiscal year 2001 increase in basic allowance for housing inside the United States.

Sec. 607. Equitable treatment of junior enlisted members in computation of

basic allowance for housing.

Sec. 608. Eligibility of members in grade E–4 to receive basic allowance for

housing while on sea duty.

Sec. 609. Personal money allowance for senior enlisted members of the Armed

Forces.

Sec. 610. Increased uniform allowances for officers.

Sec. 611. Cabinet-level authority to prescribe requirements and allowance for

clothing of enlisted members.

Sec. 612. Increase in monthly subsistence allowance for members of

precommissioning programs.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 621. Extension of certain bonuses and special pay authorities for reserve

forces.

Sec. 622. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.
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Sec. 623. Extension of authorities relating to payment of other bonuses and

special pays.

Sec. 624. Revision of enlistment bonus authority.

Sec. 625. Consistency of authorities for special pay for reserve medical and

dental officers.

Sec. 626. Elimination of required congressional notification before implementation of certain special pay authority.

Sec. 627. Special pay for physician assistants of the Coast Guard.

Sec. 628. Authorization of special pay and accession bonus for pharmacy officers.

Sec. 629. Correction of references to Air Force veterinarians.

Sec. 630. Career sea pay.

Sec. 631. Increased maximum rate of special duty assignment pay.

Sec. 632. Entitlement of members of the National Guard and other reserves

not on active duty to receive special duty assignment pay.

Sec. 633. Authorization of retention bonus for members of the Armed Forces

qualified in a critical military skill.

Sec. 634. Entitlement of active duty officers of the Public Health Service Corps

to special pays and bonuses of health professional officers of

the Armed Forces.

Subtitle C—Travel and Transportation Allowances

Sec. 641. Advance payments for temporary lodging of members and dependents.

Sec. 642. Additional transportation allowance regarding baggage and household

effects.

Sec. 643. Incentive for shipping and storing household goods in less than average weights.

Sec. 644. Equitable dislocation allowances for junior enlisted members.

Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre, and

military entrance processing personnel for certain parking expenses.

Sec. 646. Expansion of funded student travel for dependents.

Subtitle D—Retirement and Survivor Benefit Matters

Sec. 651. Exception to high-36 month retired pay computation for members retired following a disciplinary reduction in grade.

Sec. 652. Increase in maximum number of Reserve retirement points that may

be credited in any year.

Sec. 653. Retirement from active reserve service after regular retirement.

Sec. 654. Same treatment for Federal judges as for other Federal officials regarding payment of military retired pay.

Sec. 655. Reserve component Survivor Benefit Plan spousal consent requirement.

Sec. 656. Sense of Congress on increasing Survivor Benefit Plan annuities for

surviving spouses age 62 or older.

Sec. 657. Revision to special compensation authority to repeal exclusion of uniformed services retirees in receipt of disability retired pay.

Subtitle E—Other Matters

Sec. 661. Participation in Thrift Savings Plan.

Sec. 662. Determinations of income eligibility for special supplemental food program.
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Sec. 663. Billeting services for reserve members traveling for inactive-duty

training.

Sec. 664. Settlement of claims for payments for unused accrued leave and for

retired pay.

Sec. 665. Additional benefits and protections for personnel incurring injury, illness, or disease in the performance of funeral honors duty.

Sec. 666. Authority for extension of deadline for filing claims associated with

capture and internment of certain persons by North Vietnam.

Sec. 667. Back pay for members of the Navy and Marine Corps selected for

promotion while interned as prisoners of war during World

War II.

Sec. 668. Sense of Congress concerning funding for reserve components.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Provision of domiciliary and custodial care for CHAMPUS beneficiaries and certain former CHAMPUS beneficiaries.

Sec. 702. Chiropractic health care for members on active duty.

Sec. 703. School-required physical examinations for certain minor dependents.

Sec. 704. Two-year extension of dental and medical benefits for surviving dependents of certain deceased members.

Sec. 705. Two-year extension of authority for use of contract physicians at military entrance processing stations and elsewhere outside medical

treatment facilities.

Sec. 706. Medical and dental care for Medal of Honor recipients.

Subtitle B—Senior Health Care

Sec. 711. Implementation of TRICARE senior pharmacy program.

Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the attainment of age 65; expansion and modification of medicare

subvention project.

Sec. 713. Accrual funding for health care for medicare-eligible retirees and dependents.

Subtitle C—TRICARE Program

Sec. 721. Improvement of access to health care under the TRICARE program.

Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in

the continental United States.

Sec. 723. Modernization of TRICARE business practices and increase of use of

military treatment facilities.

Sec. 724. Extension of TRICARE managed care support contracts.

Sec. 725. Report on protections against health care providers seeking direct reimbursement from members of the uniformed services.

Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental program.

Sec. 727. Claims processing improvements.

Sec. 728. Prior authorizations for certain referrals and nonavailability-ofhealth-care statements.

Subtitle D—Demonstration Projects

Sec. 731. Demonstration project for expanded access to mental health counselors.
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Sec. 732. Teleradiology demonstration project.

Sec. 733. Health care management demonstration program.

Subtitle E—Joint Initiatives With Department of Veterans

Affairs

Sec. 741. VA-DOD sharing agreements for health services.

Sec. 742. Processes for patient safety in military and veterans health care systems.

Sec. 743. Cooperation in developing pharmaceutical identification technology.

Subtitle F—Other Matters

Sec. 751. Management of anthrax vaccine immunization program.

Sec. 752. Elimination of copayments for immediate family.

Sec. 753. Medical informatics.

Sec. 754. Patient care reporting and management system.

Sec. 755. Augmentation of Army Medical Department by detailing Reserve officers of the Public Health Service.

Sec. 756. Privacy of Department of Defense medical records.

Sec. 757. Authority to establish special locality-based reimbursement rates; reports.

Sec. 758. Reimbursement for certain travel expenses.

Sec. 759. Reduction of cap on payments.

Sec. 760. Training in health care management and administration.

Sec. 761. Studies on feasibility of sharing biomedical research facility.

Sec. 762. Study on comparability of coverage for physical, speech, and occupational therapies.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Amendments to General Contracting Authorities,

Procedures, and Limitations

Sec. 801. Department of Defense acquisition pilot programs.

Sec. 802. Multiyear services contracts.

Sec. 803. Clarification and extension of authority to carry out certain prototype

projects.

Sec. 804. Clarification of authority of Comptroller General to review records of

participants in certain prototype projects.

Sec. 805. Extension of time period of limitation on procurement of ball bearings and roller bearings.

Sec. 806. Reporting requirements relating to multiyear contracts.

Sec. 807. Eligibility of small business concerns owned and controlled by women

for assistance under the mentor-protege program.

Sec. 808. Qualifications required for employment and assignment in contracting

positions.

Sec. 809. Revision of authority for solutions-based contracting pilot program.

Sec. 810. Procurement notice of contracting opportunities through electronic

means.

Subtitle B—Information Technology

Sec. 811. Acquisition and management of information technology.

Sec. 812. Tracking and management of information technology purchases.
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Sec. 813. Appropriate use of requirements regarding experience and education

of contractor personnel in the procurement of information technology services.

Sec. 814. Navy-Marine Corps Intranet.

Sec. 815. Sense of Congress regarding information technology systems for

Guard and Reserve components.

Subtitle C—Other Acquisition-Related Matters

Sec. 821. Improvements in procurements of services.

Sec. 822. Financial analysis of use of dual rates for quantifying overhead costs

at Army ammunition plants.

Sec. 823. Repeal of prohibition on use of Department of Defense funds for procurement of nuclear-capable shipyard crane from a foreign

source.

Sec. 824. Extension of waiver period for live-fire survivability testing for MH–

47E and MH–60K helicopter modification programs.

Sec. 825. Compliance with existing law regarding purchases of equipment and

products.

Sec. 826. Requirement to disregard certain agreements in awarding contracts

for the purchase of firearms or ammunition.

Subtitle D—Studies and Reports

Sec. 831. Study on impact of foreign sourcing of systems on long-term military

readiness and related industrial infrastructure.

Sec. 832. Study of policies and procedures for transfer of commercial activities.

Sec. 833. Study and report on practice of contract bundling in military construction contracts.

Sec. 834. Requirement to conduct study on contract bundling.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION

AND MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense

Officers

Sec. 901. Overall supervision of Department of Defense activities for combating

terrorism.

Sec. 902. Change of title of certain positions in the Headquarters, Marine

Corps.

Sec. 903. Clarification of scope of Inspector General authorities under military

whistleblower law.

Sec. 904. Policy to ensure conduct of science and technology programs so as

to foster the transition of science and technology to higher levels of research, development, test, and evaluation.

Sec. 905.. Additional components of Chairman of the Joint Chiefs of staff annual report on combatant command requirements.

Subtitle B—Department of Defense Organizations

Sec. 911. Western Hemisphere Institute for Security Cooperation.

Sec. 912. Department of Defense regional centers for security studies.

Sec. 913. Change in name of Armed Forces Staff College to Joint Forces Staff

College.

Sec. 914. Special authority for administration of Navy Fisher Houses.
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Sec. 915. Supervisory control of Armed Forces Retirement Home board by Secretary of Defense.

Sec. 916. Semiannual report on Joint Requirements Oversight Council reform

initiative.

Sec. 917. Comptroller General review of operations of Defense Logistics Agency.

Sec. 918. Comptroller General review of operations of Defense Information Systems Agency.

Subtitle C—Information Security

Sec. 921. Institute for Defense Computer Security and Information Protection.

Sec. 922. Information security scholarship program.

Subtitle D—Reports

Sec. 931. Date of submittal of reports on shortfalls in equipment procurement

and military construction for the reserve components in futureyears defense programs.

Sec. 932. Report on number of personnel assigned to legislative liaison functions.

Sec. 933. Joint report on establishment of national collaborative information

analysis capability.

Sec. 934. Network centric warfare.

Sec. 935. Report on Air Force Institute of Technology.

Subtitle E—Other Matters

Sec. 941. Flexibility in implementation of limitation on major Department of

Defense headquarters activities personnel.

Sec. 942. Consolidation of certain Navy gift funds.

Sec. 943. Temporary authority to dispose of a gift previously accepted for the

Naval Academy.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of emergency supplemental appropriations for fiscal

year 2000.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2001.

Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations

for fiscal year 2001.

Sec. 1006. Requirement for prompt payment of contract vouchers.

Sec. 1007. Plan for prompt recording of obligations of funds for contractual

transactions.

Sec. 1008. Electronic submission and processing of claims for contract payments.

Sec. 1009. Administrative offsets for overpayment of transportation costs.

Sec. 1010. Interest penalties for late payment of interim payments due under

Government service contracts.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Revisions to national defense features program.
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Sec. 1012. Sense of Congress on the naming of the CVN–77 aircraft carrier.

Sec. 1013. Authority to transfer naval vessels to certain foreign countries.

Sec. 1014. Authority to consent to retransfer of alternative former naval vessel

by Government of Greece.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension of authority to provide support for counter-drug activities

of Colombia.

Sec. 1022. Report on Department of Defense expenditures to support foreign

counter-drug activities.

Sec. 1023. Recommendations on expansion of support for counter-drug activities.

Sec. 1024. Review of riverine counter-drug program.

Sec. 1025. Report on tethered aerostat radar system.

Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-drug

and counter-terrorism activities.

Subtitle D—Counterterrorism and Domestic Preparedness

Sec. 1031. Preparedness of military installation first responders for incidents

involving weapons of mass destruction.

Sec. 1032. Additional weapons of mass destruction civil support teams.

Sec. 1033. Authority to provide loan guarantees to improve domestic preparedness to combat cyberterrorism.

Sec. 1034. Report on the status of domestic preparedness against the threat of

biological terrorism.

Sec. 1035. Report on strategy, policies, and programs to combat domestic terrorism.

Subtitle E—Strategic Forces

Sec. 1041. Revised nuclear posture review.

Sec. 1042. Plan for the long-term sustainment and modernization of United

States strategic nuclear forces.

Sec. 1043. Modification of scope of waiver authority for limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1044. Report on the defeat of hardened and deeply buried targets.

Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear triad.

Subtitle F—Miscellaneous Reporting Requirements

Sec. 1051. Management review of working-capital fund activities.

Sec. 1052. Report on submarine rescue support vessels.

Sec. 1053. Report on Federal Government progress in developing information

assurance strategies.

Sec. 1054. Department of Defense process for decisionmaking in cases of false

claims.

Subtitle G—Government Information Security Reform

Sec. 1061. Coordination of Federal information policy.

Sec. 1062. Responsibilities of certain agencies.

Sec. 1063. Relationship of Defense Information Assurance Program to Government-wide information security program.

Sec. 1064. Technical and conforming amendments.

Sec. 1065. Effective date.
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Subtitle H—Security Matters

Sec. 1071. Limitation on granting of security clearances.

Sec. 1072. Process for prioritizing background investigations for security clearances for Department of Defense personnel and defense contractor personnel.

Sec. 1073. Authority to withhold certain sensitive information from public disclosure.

Sec. 1074. Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure.

Sec. 1075. Expenditures for declassification activities.

Sec. 1076. Enhanced access to criminal history record information for national

security and other purposes

Sec. 1077. Two-year extension of authority to engage in commercial activities

as security for intelligence collection activities.

Sec. 1078. Coordination of nuclear weapons secrecy policies and consideration

of health of workers at former Department of Defense nuclear

facilities.

Subtitle I—Other Matters

Sec. 1081. Funds for administrative expenses under Defense Export Loan

Guarantee program.

Sec. 1082. Transit pass program for Department of Defense personnel in poor

air quality areas.

Sec. 1083. Transfer of Vietnam era TA–4 aircraft to nonprofit foundation.

Sec. 1084. Transfer of 19th century cannon to museum.

Sec. 1085. Fees for providing historical information to the public.

Sec. 1086. Grants to American Red Cross for Armed Forces emergency services.

Sec. 1087. Technical and clerical amendments.

Sec. 1088. Maximum size of parcel post packages transported overseas for

Armed Forces post offices.

Sec. 1089. Sense of Congress regarding tax treatment of members receiving

special pay for duty subject to hostile fire or imminent danger.

Sec. 1090. Organization and management of Civil Air Patrol.

Sec. 1091. Additional duties for Commission to Assess United States National

Security Space Management and Organization.

Sec. 1092. Commission on the Future of the United States Aerospace Industry.

Sec. 1093. Drug addiction treatment.

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN

PERSONNEL

Subtitle A—Civilian Personnel Management Generally

Sec. 1101. Employment and compensation of employees for temporary organizations established by law or Executive order.

Sec. 1102. Assistive technology accommodations program.

Sec. 1103. Extension of authority for voluntary separations in reductions in

force.

Sec. 1104. Electronic maintenance of performance appraisal systems.

Sec. 1105. Study on civilian personnel services.

Subtitle B—Demonstration and Pilot Programs
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Sec. 1111. Pilot program for reengineering the equal employment opportunity

complaint process.

Sec. 1112. Work safety demonstration program.

Sec. 1113. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.

Sec. 1114. Clarification of personnel management authority under personnel

demonstration project.

Subtitle C—Educational Assistance

Sec. 1121. Restructuring the restriction on degree training.

Sec. 1122. Student loan repayment programs.

Sec. 1123. Extension of authority for tuition reimbursement and training for

civilian employees in the defense acquisition workforce.

Subtitle D—Other Benefits

Sec. 1131. Additional special pay for foreign language proficiency beneficial for

United States national security interests.

Sec. 1132. Approval authority for cash awards in excess of $10,000.

Sec. 1133. Leave for crews of certain vessels.

Sec. 1134. Life insurance for emergency essential Department of Defense employees.

Subtitle E—Intelligence Civilian Personnel

Sec. 1141. Expansion of defense civilian intelligence personnel system positions.

Sec. 1142. Increase in number of positions authorized for the Defense Intelligence Senior Executive Service.

Subtitle F—Voluntary Separation Incentive Pay and Early

Retirement Authority

Sec. 1151. Extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement.

Sec. 1152. Department of Defense employee voluntary early retirement authority.

Sec. 1153. Limitations.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Subtitle A—Matters Related to Arms Control

Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor

Iraqi weapons activities.

Sec. 1202. Support of consultations on Arab and Israeli arms control and regional security issues.

Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign governments.

Sec. 1204. Additional matters for annual report on transfers of militarily sensitive technology to countries and entities of concern.

Subtitle B—Matters Relating to the Balkans

Sec. 1211. Annual report assessing effect of continued operations in the Balkans region on readiness to execute the national military strategy.

Sec. 1212. Situation in the Balkans.
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Sec. 1213. Semiannual report on Kosovo peacekeeping.

Subtitle C—North Atlantic Treaty Organization and United

States Forces in Europe

Sec. 1221. NATO fair burdensharing.

Sec. 1222. Repeal of restriction preventing cooperative airlift support through

acquisition and cross-servicing agreements.

Sec. 1223. GAO study on the benefits and costs of United States military engagement in Europe.

Subtitle D—Other Matters

Sec. 1231. Joint data exchange center with Russian Federation on early warning systems and notification of ballistic missile launches.

Sec. 1232. Report on sharing and exchange of ballistic missile launch early

warning data.

Sec. 1233. Annual report of Communist Chinese military companies operating

in the United States.

Sec. 1234. Adjustment of composite theoretical performance levels of high performance computers.

Sec. 1235. Increased authority to provide health care services as humanitarian

and civic assistance.

Sec. 1236. Sense of Congress regarding the use of children as soldiers.

Sec. 1237. Sense of Congress regarding undersea rescue and recovery.

Sec. 1238. United States-China Security Review Commission.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of cooperative threat reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.

Sec. 1304. Limitations on use of funds for fissile material storage facility.

Sec. 1305. Limitation on use of funds to support warhead dismantlement processing.

Sec. 1306. Agreement on nuclear weapons storage sites.

Sec. 1307. Limitation on use of funds for construction of fossil fuel energy

plants; report.

Sec. 1308. Reports on activities and assistance under cooperative threat reduction programs.

Sec. 1309. Russian chemical weapons elimination.

Sec. 1310. Limitation on use of funds for elimination of weapons grade plutonium program.

Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE

UNITED STATES FROM ELECTROMAGNETIC PULSE

(EMP) ATTACK

Sec. 1401. Establishment of commission.

Sec. 1402. Duties of commission.

Sec. 1403. Reports.

Sec. 1404. Powers.

Sec. 1405. Commission procedures.

Sec. 1406. Personnel matters.

Sec. 1407. Miscellaneous administrative provisions.
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Sec. 1408. Funding.

Sec. 1409. Termination of the commission.

TITLE XV—NAVY ACTIVITIES ON THE ISLAND OF

VIEQUES, PUERTO RICO

Sec. 1501. Assistance for economic growth on Vieques.

Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques Island.

Sec. 1503. Determination regarding continuation of Navy training.

Sec. 1504. Actions if training is approved.

Sec. 1505. Requirements if training is not approved or mandate for referendum

is vitiated.

Sec. 1506. Certain properties exempt from conveyance or transfer.

Sec. 1507. Moratorium on improvements at Fort Buchanan.

Sec. 1508. Transfer and management of Conservation Zones.

TITLE XVI—GI BILL EDUCATIONAL ASSISTANCE AND

VETERANS CLAIMS ASSISTANCE

Subtitle A—Veterans Education Benefits

Sec. 1601. Additional opportunity for certain VEAP participants to enroll in

basic educational assistance under Montgomery GI Bill.

Sec. 1602. Modification of authority to pay tuition for off-duty training and

education.

Subtitle B—Veterans Claims Assistance

Sec. 1611. Clarification of Department of Veterans Affairs duty to assist.

TITLE XVII—ASSISTANCE TO FIREFIGHTERS

Sec. 1701. Firefighter assistance.

Sec. 1702. Volunteer fire assistance program.

Sec. 1703. Burn research.

Sec. 1704. Study and demonstration projects regarding cases of hepatitis C

among certain emergency response employees.

Sec. 1705. Report on progress on spectrum sharing.

Sec. 1706. Sale or donation of excess defense property to assist firefighting

agencies.

Sec. 1707. Identification of defense technologies suitable for use, or conversion

for use, in providing fire and emergency medical services.

TITLE XVIII—IMPACT AID

Sec. 1801. Short title.

Sec. 1802. Purpose.

Sec. 1803. Payments relating to Federal acquisition of real property.

Sec. 1804. Payments for eligible federally connected children.

Sec. 1805. Maximum amount of basic support payments.

Sec. 1806. Basic support payments for heavily impacted local educational agencies.

Sec. 1807. Basic support payments for local educational agencies affected by

removal of Federal property.

Sec. 1808. Additional payments for local educational agencies with high concentrations of children with severe disabilities.

Sec. 1809. Application for payments under sections 8002 and 8003.
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Sec. 1810. Payments for sudden and substantial increases in attendance of

military dependents.

Sec. 1811. Construction.

Sec. 1812. State consideration of payments in providing State aid.

Sec. 1813. Federal administration.

Sec. 1814. Administrative hearings and judicial review.

Sec. 1815. Forgiveness of overpayments.

Sec. 1816. Definitions.

Sec. 1817. Authorization of appropriations.

Sec. 1818. Effective date.

1 DIVISION B—MILITARY CONSTRUCTION

2 AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2000

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 1999

projects.

Sec. 2107. Modification of authority to carry out fiscal year 1998 project.

Sec. 2108. Authority to accept funds for realignment of certain military construction project, Fort Campbell, Kentucky.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out fiscal year 1997 project at

Marine Corps Combat Development Command, Quantico, Virginia.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 1990

project.
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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

Sec. 2602. Authority to contribute to construction of airport tower, Cheyenne

Airport, Cheyenne, Wyoming.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Joint use military construction projects.

Sec. 2802. Exclusion of certain costs from determination of applicability of limitation on use of funds for improvement of family housing.

Sec. 2803. Revision of space limitations for military family housing.

Sec. 2804. Modification of lease authority for high-cost military family housing.

Sec. 2805. Provision of utilities and services under alternative authority for acquisition and improvement of military housing.

Sec. 2806. Extension of alternative authority for acquisition and improvement

of military housing.

Sec. 2807. Expansion of definition of armory to include readiness centers.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Increase in threshold for notice and wait requirements for real property transactions.

Sec. 2812. Enhancement of authority of military departments to lease non-excess property.

Sec. 2813. Conveyance authority regarding utility systems of military departments.

Sec. 2814. Permanent conveyance authority to improve property management.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Scope of agreements to transfer property to redevelopment authorities without consideration under the base closure laws.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.

Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
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Sec. 2833. Land conveyance, Charles Melvin Price Support Center, Illinois.

Sec. 2834. Land conveyance, Fort Riley, Kansas.

Sec. 2835. Land conveyance, Fort Polk, Louisiana.

Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.

Sec. 2837. Land conveyance, Fort Dix, New Jersey.

Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.

Sec. 2839. Land exchange, Army Reserve Local Training Center, Chattanooga,

Tennessee.

Sec. 2840. Land exchange, Fort Hood, Texas.

Sec. 2841. Land conveyance, Fort Pickett, Virginia.

Sec. 2842. Land conveyance, Fort Lawton, Washington.

Sec. 2843. Land conveyance, Vancouver Barracks, Washington.

PART II—NAVY CONVEYANCES

Sec. 2846. Modification of land conveyance, Marine Corps Air Station, El Toro,

California.

Sec. 2847. Modification of authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property.

Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station, Miramar, California.

Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego, California.

Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.

Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.

Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, Casco

Bay, Maine.

Sec. 2853. Land conveyance, Naval Computer and Telecommunications Station,

Cutler, Maine.

Sec. 2854. Modification of land conveyance authority, former Naval Training

Center, Bainbridge, Cecil County, Maryland.

Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina.

Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.

Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.

PART III—AIR FORCE CONVEYANCES

Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.

Sec. 2862. Land conveyance, Point Arena Air Force Station, California.

Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.

Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.

Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base, South

Dakota.

Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.

PART IV—OTHER CONVEYANCES

Sec. 2871Land conveyance, Army and Air Force Exchange Service property,

Farmers Branch, Texas.

Sec. 2872Land conveyance, former National Ground Intelligence Center, Charlottesville, Virginia.

Subtitle E—Other Matters

Sec. 2881. Relation of easement authority to leased parkland, Marine Corps

Base, Camp Pendleton, California.
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Sec. 2882. Extension of demonstration project for purchase of fire, security, police, public works, and utility services from local government

agencies.

Sec. 2883. Acceptance and use of gifts for construction of third building at

United States Air Force Museum, Wright-Patterson Air Force

Base, Ohio.

Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps

Base, Quantico, Virginia.

Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station, Nevada.

Sec. 2886. Establishment of World War II memorial on Guam.

Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll as the

Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein

Atoll.

Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor of Andrew T. McNamara.

Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California, in

honor of Bob Wilson, a former member of the House of Representatives.

Sec. 2890. Sense of Congress regarding importance of expansion of National

Training Center, Fort Irwin, California.

Sec. 2891. Sense of Congress regarding land transfers at Melrose Range, New

Mexico, and Yakima Training Center, Washington.

1 DIVISION C—DEPARTMENT OF ENERGY

2 NATIONAL SECURITY AUTHORIZA3 TIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.
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Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Funding for termination costs of River Protection Project, Richland,

Washington.

Sec. 3132. Enhanced cooperation between National Nuclear Security Administration and Ballistic Missile Defense Organization.

Sec. 3133. Reprogramming of funds available for infrastructure upgrades or

maintenance in certain accounts of the National Nuclear Security Administration.

Sec. 3134. Adjustment of composite theoretical performance levels for postshipment verification reports on advanced supercomputer sales

to certain foreign nations.

Sec. 3135. Modification of counterintelligence polygraph program.

Sec. 3136. Employee incentives for employees at closure project facilities.

Sec. 3137. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3138. Limitation on use of certain funds pending certification of compliance with Formerly Utilized Sites Remedial Action Program

funding prohibition.

Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at Idaho

National Engineering and Environmental Laboratory, Idaho

Falls, Idaho.

Sec. 3140. Report on National Ignition Facility, Lawrence Livermore National

Laboratory, Livermore, California.

Sec. 3141. River Protection Project, Richland, Washington.

Sec. 3142. Report on tank waste remediation system, Hanford Reservation,

Richland, Washington.

Subtitle D—Matters Relating to Management of National

Nuclear Security Administration

Sec. 3151. Term of office of person first appointed as Under Secretary for Nuclear Security of the Department of Energy.

Sec. 3152. Membership of Under Secretary for Nuclear Security on the Joint

Nuclear Weapons Council.

Sec. 3153. Organization plan for field offices of the National Nuclear Security

Administration.

Sec. 3154. Required contents of future-years nuclear security program.

Sec. 3155. Future-years nuclear security program for fiscal year 2001.

Sec. 3156. Engineering and manufacturing research, development, and demonstration by plant managers of certain nuclear weapons production plants.

Sec. 3157. Prohibition on individuals engaging in concurrent service or duties

within National Nuclear Security Administration and outside

that Administration but within Department of Energy.

Sec. 3158. Annual plan for obligation of funds of the National Nuclear Security

Administration.

Sec. 3159. Authority to reorganize National Nuclear Security Administration.

Subtitle E—National Laboratories Partnership Improvement

Sec. 3161. Technology Infrastructure Pilot Program.

Sec. 3162. Report on small business participation in National Nuclear Security

Administration activities.
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Sec. 3163. Study and report related to improving mission effectiveness, partnerships, and technology transfer at national security laboratories and nuclear weapons production facilities.

Sec. 3164. Report on effectiveness of National Nuclear Security Administration

technology development partnerships with non-Federal entities.

Sec. 3165. Definitions.

Subtitle F—Matters Relating to Defense Nuclear

Nonproliferation

Sec. 3171. Annual report on status of nuclear materials protection, control, and

accounting program.

Sec. 3172. Nuclear Cities Initiative.

Sec. 3173. Department of Energy nonproliferation monitoring.

Sec. 3174. Sense of Congress on the need for coordination of nonproliferation

programs.

Sec. 3175. Limitation on use of funds for International Nuclear Safety Program.

Subtitle G—Other Matters

Sec. 3191. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3192. Biennial report containing update on nuclear test readiness postures.

Sec. 3193. Frequency of reports on inadvertent releases of Restricted Data and

Formerly Restricted Data.

Sec. 3194. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile.

Sec. 3195. Authority to provide certificate of commendation to Department of

Energy and contractor employees for exemplary service in

stockpile stewardship and security.

Sec. 3196. Cooperative research and development agreements for governmentowned, contractor-operated laboratories.

Sec. 3197. Office of Arctic Energy.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Increased receipts under prior disposal authority.

Sec. 3303. Disposal of titanium.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Minimum price of petroleum sold from certain naval petroleum reserves.

Sec. 3402. Repeal of authority to contract for cooperative or unit plans affecting Naval Petroleum Reserve Numbered 1.

Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2001.
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Sec. 3502.. Scrapping of National Defense Reserve Fleet vessels.

Sec. 3503. Authority to convey National Defense Reserve Fleet vessel, Glacier.

Sec. 3504. Maritime intermodal research.

Sec. 3505. Maritime research and technology development.

Sec. 3506. Reporting of administered and oversight funds.

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION PROGRAM

Sec. 3601. Short title.

Sec. 3602. Findings; sense of Congress.

Subtitle A—Establishment of Compensation Program and

Compensation Fund

Sec. 3611. Establishment of Energy Employees Occupational Illness Compensation Program.

Sec. 3612. Establishment of Energy Employees Occupational Illness Compensation Fund.

Sec. 3613. Legislative proposal.

Sec. 3614. Authorization of appropriations.

Subtitle B—Program Administration

Sec. 3621. Definitions for program administration.

Sec. 3622. Expansion of list of beryllium vendors.

Sec. 3623. Exposure in the performance of duty.

Sec. 3624. Advisory Board on Radiation and Worker Health.

Sec. 3625. Responsibilities of Secretary of Health and Human Services.

Sec. 3626. Designation of additional members of Special Exposure Cohort.

Sec. 3627. Separate treatment of chronic silicosis.

Sec. 3628. Compensation and benefits to be provided.

Sec. 3629. Medical benefits.

Sec. 3630. Separate treatment of certain uranium employees.

Sec. 3631. Assistance for claimants and potential claimants.

Subtitle C—Treatment, Coordination, and Forfeiture of

Compensation and Benefits

Sec. 3641. Offset for certain payments.

Sec. 3642. Subrogation of the United States.

Sec. 3643. Payment in full settlement of claims.

Sec. 3644. Exclusivity of remedy against the United States and against contractors and subcontractors.

Sec. 3645. Election of remedy for beryllium employees and atomic weapons employees.

Sec. 3646. Certification of treatment of payments under other laws.

Sec. 3647. Claims not assignable or transferable; choice of remedies.

Sec. 3648. Attorney fees.

Sec. 3649. Certain claims not affected by awards of damages.

Sec. 3650. Forfeiture of benefits by convicted felons.

Sec. 3651. Coordination with other Federal radiation compensation laws.

Subtitle D—Assistance in State Workers’ Compensation

Proceedings

Sec. 3661. Agreements with States.
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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Defense Health Program.

Subtitle B—Army Programs

Sec. 111. Multiyear procurement authority.

Sec. 112. Increase in limitation on number of bunker defeat munitions that

may be acquired.

Sec. 113. Reports and limitations relating to Army transformation.

Subtitle C—Navy Programs

Sec. 121. CVNX–1 nuclear aircraft carrier program.

Sec. 122. Arleigh Burke class destroyer program.

Sec. 123. Virginia class submarine program.

Sec. 124. Limitation during fiscal year 2001 on changes in submarine force

structure.

Sec. 125. ADC(X) ship program.

Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D.

Eisenhower.

Sec. 127. Analysis of certain shipbuilding programs.

Sec. 128. Helicopter support of FFG–7 frigates during fiscal year 2001.

Sec. 129. V–22 cockpit aircraft voice and flight data recorders.

Subtitle D—Air Force Programs

Sec. 131. Annual report on B–2 bomber.

Sec. 132. Report on modernization of Air National Guard F–16A units.

Subtitle E—Joint Programs
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Sec. 141. Study of final assembly and checkout alternatives for the Joint Strike

Fighter program.

Subtitle F—Chemical Demilitarization

Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction

technologies.

Sec. 152. Report on assessment of need for Federal economic assistance for

communities impacted by chemical demilitarization activities.

Sec. 153. Prohibition against disposal of non-stockpile chemical warfare material at Anniston chemical stockpile disposal facility.

1 Subtitle A—Authorization of

2 Appropriations

3 SEC. 101. ARMY.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2001 for procurement for the Army as follows:

6 (1) For aircraft, $1,550,012,000.

7 (2) For missiles, $1,320,681,000.

8 (3) For weapons and tracked combat vehicles,

9 $2,436,324,000.

10 (4) For ammunition, $1,179,916,000.

11 (5) For other procurement, $4,235,719,000.

12 (6) For chemical agents and munitions destruc13 tion, $980,100,000, for—

14 (A) the destruction of lethal chemical

15 agents and munitions in accordance with sec16 tion 1412 of the Department of Defense Au17 thorization Act, 1986 (50 U.S.C. 1521); and

18 (B) the destruction of chemical warfare

19 materiel of the United States that is not cov20 ered by section 1412 of such Act.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2001 for procurement for the Navy

4 as follows:

5 (1) For aircraft, $8,394,338,000.

6 (2) For weapons, including missiles and tor7 pedoes, $1,443,600,000.

8 (3) For shipbuilding and conversion,

9 $12,826,919,000.

10 (4) For other procurement, $3,380,680,000.

11 (b) MARINE CORPS.—Funds are hereby authorized to

12 be appropriated for fiscal year 2001 for procurement for

13 the Marine Corps in the amount of $1,212,768,000.

14 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

15 are hereby authorized to be appropriated for fiscal year

16 2001 for procurement of ammunition for the Navy and

17 the Marine Corps in the amount of $487,749,000.

18 SEC. 103. AIR FORCE.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2001 for procurement for the Air Force as fol21 lows:

22 (1) For aircraft, $9,923,868,000.

23 (2) For missiles, $2,863,778,000.

24 (3) For ammunition, $646,808,000.

25 (4) For other procurement, $7,711,647,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 (a) AMOUNT AUTHORIZED.—Funds are hereby au3 thorized to be appropriated for fiscal year 2001 for De4 fense-wide procurement in the amount of $2,278,408,000.

5 (b) AMOUNT FOR NATIONAL MISSILE DEFENSE.—Of

6 the funds authorized to be appropriated in subsection (a),

7 $74,530,000 shall be available for the National Missile

8 Defense program.

9 SEC. 105. DEFENSE INSPECTOR GENERAL.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 2001 for procurement for the Inspector General

12 of the Department of Defense in the amount of

13 $3,300,000.

14 SEC. 106. DEFENSE HEALTH PROGRAMS.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 2001 for the Department of Defense for pro17 curement for carrying out health care programs, projects,

18 and activities of the Department of Defense in the total

19 amount of $290,006,000.

20 Subtitle B—Army Programs

21 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.

22 (a) M2A3 BRADLEY FIGHTING VEHICLE.—(1) Be23 ginning with the fiscal year 2001 program year, the Sec24 retary of the Army may, in accordance with section 2306b

25 of title 10, United States Code, enter into one or more
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1 multiyear contracts for procurement of M2A3 Bradley

2 fighting vehicles.

3 (2) The Secretary of the Army may execute a con4 tract authorized by paragraph (1) only after—

5 (A) there is a successful completion of a M2A3

6 Bradley initial operational test and evaluation

7 (IOT&E); and

8 (B) the Secretary certifies in writing to the con9 gressional defense committees that the vehicle met

10 all required test parameters.

11 (b) UTILITY HELICOPTERS.—Beginning with the fis12 cal year 2002 program year, the Secretary of the Army

13 may, in accordance with section 2306b of title 10, United

14 States Code, enter into one or more multiyear contracts

15 for procurement of UH–60 Blackhawk utility helicopters

16 and, acting as executive agent for the Department of the

17 Navy, CH–60 Knighthawk utility helicopters.

18 SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNK19 ER DEFEAT MUNITIONS THAT MAY BE AC20 QUIRED.

21 Section 116(2) of the National Defense Authorization

22 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

23 2682) is amended by striking ‘‘6,000’’ and inserting

24 ‘‘8,500’’.
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1 SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY

2 TRANSFORMATION.

3 (a) SECRETARY OF THE ARMY REPORT ON OBJEC4 TIVE FORCE DEVELOPMENT PROCESS.—The Secretary of

5 the Army shall submit to the congressional defense com6 mittees a report on the process for developing the objective

7 force in the transformation of the Army. The report shall

8 include the following:

9 (1) The operational environments envisioned for

10 the objective force.

11 (2) The threat assumptions on which research

12 and development efforts for transformation of the

13 Army into the objective force are based.

14 (3) The potential operational and organizational

15 concepts for the objective force.

16 (4) The operational requirements anticipated

17 for the operational requirements document of the ob18 jective force.

19 (5) The anticipated schedule of Army trans20 formation activities through fiscal year 2012, to21 gether with—

22 (A) the projected funding requirements

23 through that fiscal year for research and devel24 opment activities and procurement activities re25 lated to transition to the objective force; and
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1 (B) a summary of the anticipated invest2 ments of the Defense Advanced Research

3 Projects Agency in programs designed to lead

4 to the fielding of future combat systems for the

5 objective force.

6 (6) A proposed plan for the comparison referred

7 to in subsection (c).

8 If any of the information required by paragraphs (1)

9 through (5) is not available at the time the report is sub10 mitted, the Secretary shall include in the report the antici11 pated schedule for the availability of that information.

12 (b) SECRETARY OF DEFENSE REPORT ON OBJEC13 TIVE FORCE DEVELOPMENT PROCESS.—Not later than

14 March 1, 2001, the Secretary of Defense shall submit to

15 the congressional defense committees a report on the proc16 ess for developing the objective force in the transformation

17 of the Army. The report shall include the following:

18 (1) The joint warfighting requirements that will

19 be supported by the fielding of the objective force,

20 together with a description of the adjustments that

21 are planned to be made in the war plans of the com22 manders of the unified combatant commands in rela23 tion to the fielding of the objective force.
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1 (2) The changes in lift requirements that may

2 result from the establishment and fielding of the

3 combat brigades of the objective force.

4 (3) The evaluation process that will be used to

5 support decisionmaking on the course of the Army

6 transformation, including a description of the oper7 ational evaluations and experimentation that will be

8 used to validate the operational requirements for the

9 operational requirements document of the objective

10 force.

11 If any of the information required by paragraphs (1)

12 through (3) is not available at the time the report is sub13 mitted, the Secretary shall include in the report the antici14 pated schedule for the availability of that information.

15 (c) COSTS AND EFFECTIVENESS OF MEDIUM AR16 MORED COMBAT VEHICLES FOR THE INTERIM BRIGADE

17 COMBAT TEAMS.—(1) The Secretary of the Army shall

18 develop a plan for comparing—

19 (A) the costs and operational effectiveness of

20 the infantry carrier variant of the interim armored

21 vehicles selected for the infantry battalions of the in22 terim brigade combat teams; and

23 (B) the costs and operational effectiveness of

24 the troop-carrying medium armored vehicles cur-
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1 rently in the Army inventory for the use of infantry

2 battalions.

3 (2) The Secretary of the Army may not carry out

4 the comparison described in paragraph (1) until the Direc5 tor of Operational Test and Evaluation of the Department

6 of Defense approves the plan for that comparison devel7 oped under that paragraph.

8 (d) LIMITATION PENDING RECEIPT OF SECRETARY

9 OF THE ARMY REPORT.—Not more than 80 percent of

10 the amount appropriated for fiscal year 2001 for the pro11 curement of armored vehicles in the family of new medium

12 armored vehicles may be obligated until—

13 (1) the Secretary of the Army submits to the

14 congressional defense committees the report required

15 under subsection (a); and

16 (2) a period of 30 days has elapsed from the

17 date of the submittal of such report.

18 (e) LIMITATION PENDING COMPARISON AND CER19 TIFICATION.—No funds appropriated or otherwise made

20 available to the Department of the Army for any fiscal

21 year may be obligated for acquisition of medium armored

22 combat vehicles to equip a third interim brigade combat

23 team until—

24 (1) the plan for a comparison of costs and oper25 ational effectiveness developed under subsection
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1 (c)(1), as approved under subsection (c)(2), is car2 ried out;

3 (2) the Secretary of Defense submits to the

4 congressional defense committees, after the comple5 tion of the comparison referred to in paragraph (1),

6 a certification that—

7 (A) the Secretary approves of the obliga8 tion of funds for that purpose; and

9 (B) the force structure resulting from the

10 acquisition and subsequent operational capa11 bility of interim brigade combat teams will not

12 diminish the combat power of the Army; and

13 (3) a period of 30 days has elapsed from the

14 date of the certification under paragraph (2).

15 (f) DEFINITIONS.—In this section:

16 (1) The term ‘‘transformation’’, with respect to

17 the Army, means the actions being undertaken to

18 transform the Army, as it is constituted in terms of

19 organization, equipment, and doctrine in 2000, into

20 the objective force.

21 (2) The term ‘‘objective force’’ means the Army

22 that has the organizational structure, the most ad23 vanced equipment that early twenty-first century

24 science and technology can provide, and the appro25 priate doctrine to ensure that the Army is respon-
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1 sive, deployable, agile, versatile, lethal, survivable,

2 and sustainable for the full spectrum of the oper3 ations anticipated to be required of the Army during

4 the early years of the twenty-first century following

5 2010.

6 (3) The term ‘‘interim brigade combat team’’

7 means an Army brigade that is designated by the

8 Secretary of the Army as a brigade combat team

9 and is reorganized and equipped with currently

10 available equipment in a configuration that effec11 tuates an evolutionary advancement toward trans12 formation of the Army to the objective force.

13 Subtitle C—Navy Programs

14 SEC. 121. CVNX–1 NUCLEAR AIRCRAFT CARRIER PROGRAM.

15 (a) AUTHORIZATION OF SHIP.—The Secretary of the

16 Navy is authorized to procure the aircraft carrier to be

17 designated CVNX–1.

18 (b) ADVANCE PROCUREMENT AND CONSTRUCTION.—

19 The Secretary may enter into one or more contracts for

20 the advance procurement and advance construction of

21 components for the ship authorized under subsection (a).

22 (c) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

23 Of the amounts authorized to be appropriated under sec24 tion 102(a)(3) for fiscal year 2001, $21,869,000 is avail25 able for the advance procurement and advance construc-
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1 tion of components (including nuclear components) for the

2 CVNX–1 aircraft carrier program.

3 SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

4 (a) ECONOMICAL MULTIYEAR PROCUREMENT OF

5 PREVIOUSLY AUTHORIZED VESSELS AND ONE ADDI6 TIONAL VESSEL.—(1) Subsection (b) of section 122 of the

7 National Defense Authorization Act for Fiscal Year 1997

8 (Public Law 104–201; 110 Stat. 2446), as amended by

9 section 122(a) of Public Law 106–65 (113 Stat. 534), is

10 further amended by striking ‘‘a total of 18 Arleigh Burke

11 class destroyers’’ in the first sentence and all that follows

12 through the period at the end of that sentence and insert13 ing ‘‘Arleigh Burke class destroyers in accordance with

14 this subsection and subsection (a)(4) at procurement rates

15 not in excess of three ships in each of the fiscal years be16 ginning after September 30, 1998, and before October 1,

17 2005. The authority under the preceding sentence is sub18 ject to the availability of appropriations for such destroy19 ers.’’.

20 (2) The heading for such subsection is amended by

21 striking ‘‘18’’.

22 (b) ECONOMICAL RATE OF PROCUREMENT.—It is the

23 sense of Congress that, for the procurement of the Arleigh

24 Burke class destroyers to be procured after fiscal year

25 2001 under multiyear contracts authorized under section
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1 122(b) of Public Law 104–201, as amended by subsection

2 (a)—

3 (1) the Secretary of the Navy should—

4 (A) achieve the most economical rate of

5 procurement; and

6 (B) enter into such contracts for advance

7 procurement as may be necessary to achieve

8 that rate of procurement;

9 (2) the most economical rate of procurement

10 would be achieved by procuring three of those ves11 sels in each of fiscal years 2002 and 2003 and pro12 curing another vessel in fiscal year 2004; and

13 (3) the Secretary has the authority under sec14 tion 122(b) of Public Law 104–201 (110 Stat.

15 2446) and subsections (b) and (c) of section 122 of

16 Public Law 106–65 (113 Stat. 534) to provide for

17 procurement at the most economical rate, as de18 scribed in paragraph (2).

19 (c) UPDATE OF 1993 REPORT ON DDG–51 CLASS

20 SHIPS.—(1) The Secretary of the Navy shall submit to

21 the Committees on Armed Services of the Senate and the

22 House of Representatives, not later than November 1,

23 2000, a report that updates the information provided in

24 the report of the Secretary of the Navy entitled the

25 ‘‘Arleigh Burke (DDG–51) Class Industrial Base Study
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1 of 1993’’. The Secretary shall transmit a copy of the up2 dated report to the Comptroller General not later than the

3 date on which the Secretary submits the report to the

4 committees.

5 (2) The Comptroller General shall review the updated

6 report submitted under paragraph (1) and, not later than

7 December 1, 2000, submit to the Committees on Armed

8 Services of the Senate and House of Representatives the

9 Comptroller General’s comments on the updated report.

10 SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

11 (a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—

12 Of the amounts authorized to be appropriated by section

13 102(a)(3) for fiscal year 2001, $1,706,234,000 is available

14 for the Virginia class submarine program.

15 (b) CONTRACT AUTHORITY.—(1) The Secretary of

16 the Navy is authorized to enter into a contract for the

17 procurement of up to five Virginia class submarines, in18 cluding the procurement of material in economic order

19 quantities when cost savings are achievable, during fiscal

20 years 2003 through 2006. The submarines authorized

21 under the preceding sentence are in addition to the sub22 marines authorized under section 121(b) of the National

23 Defense Authorization Act for Fiscal Year 1998 (Public

24 Law 105–85; 111 Stat. 1648).
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1 (2) A contract entered into under paragraph (1) shall

2 provide that any obligation of the United States to make

3 a payment under the contract is subject to the availability

4 of appropriations for that purpose.

5 (c) SHIPBUILDER TEAMING.—Paragraphs (2)(A),

6 (3), and (4) of section 121(b) of Public Law 105–85 apply

7 to the procurement of submarines under this section.

8 (d) LIMITATION OF LIABILITY.—If a contract en9 tered into under this section is terminated, the United

10 States shall not be liable for termination costs in excess

11 of the total of the amounts appropriated for the Virginia

12 class submarine program that remain available for the

13 program.

14 (e) REPORT REQUIREMENT.—At that same time that

15 the President submits the budget for fiscal year 2002 to

16 Congress under section 1105(a) of title 31, United States

17 Code, the Secretary of Defense shall submit to the con18 gressional defense committees a report on the Navy’s fleet

19 of fast attack submarines. The report shall include the fol20 lowing:

21 (1) A plan for maintaining at least 55 fast at22 tack submarines in commissioned service through

23 2015, including, by 2015, 18 Virginia class sub24 marines.
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1 (2) Two assessments of the potential savings

2 that would be achieved under the Virginia class sub3 marine program if the production rate for that pro4 gram were at least two submarines each fiscal year,

5 as follows:

6 (A) An assessment if that were the produc7 tion rate beginning in fiscal year 2004.

8 (B) An assessment if that were the produc9 tion rate beginning in fiscal year 2006.

10 (3) An analysis of the advantages and disadvan11 tages of various contracting strategies for the Vir12 ginia class submarine program, including one or

13 more multiyear procurement strategies and one or

14 more strategies for block buy with economic order

15 quantity.

16 SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON

17 CHANGES IN SUBMARINE FORCE STRUC18 TURE.

19 (a) LIMITATION ON RETIREMENT OF SUB20 MARINES.—During fiscal year 2001, the Secretary of the

21 Navy may not retire from the active force structure of the

22 Navy any Los Angeles class nuclear-powered attack sub23 marine or any Ohio class nuclear-powered ballistic missile

24 submarine unless the Secretary of the Navy certifies to
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1 Congress in writing that he cannot assure the continued

2 safe and militarily effective operation of that submarine.

3 (b) REPORT.—Not later than April 15, 2001, the

4 President shall submit to Congress a report on the re5 quired force structure for nuclear-powered submarines, in6 cluding attack submarines (SSNs), ballistic missile sub7 marines (SSBNs), and cruise missile submarines

8 (SSGNs), to support the national military strategy

9 through 2020. The report shall include a detailed discus10 sion of the acquisition strategy and fleet maintenance re11 quirements to achieve and maintain that force structure

12 through—

13 (1) the procurement of new construction sub14 marines;

15 (2) the refueling of Los Angeles class attack

16 submarines (SSNs) to achieve the maximum amount

17 of operational useful service; and

18 (3) the conversion of Ohio class submarines

19 that are no longer required for the strategic deter20 rence mission from their current ballistic missile

21 (SSBN) configuration to a cruise-missile (SSGN)

22 configuration.

23 SEC. 125. ADC(X) SHIP PROGRAM.

24 The Secretary of the Navy may procure the construc25 tion of all ADC(X) class ships in one shipyard if the Sec-
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1 retary determines that it is more cost effective to do so

2 than to procure the construction of such ships from more

3 than one shipyard.

4 SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM

5 OF THE U.S.S. DWIGHT D. EISENHOWER.

6 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—

7 Of the amount authorized to be appropriated by section

8 102(a)(3) for fiscal year 2001, $698,441,000 is available

9 for the commencement of the nuclear refueling and com10 plex overhaul of the U.S.S. Dwight D. Eisenhower (CVN–

11 69) during fiscal year 2001. The amount made available

12 in the preceding sentence is the first increment in the in13 cremental funding planned for the nuclear refueling and

14 complex overhaul of that vessel.

15 (b) CONTRACT AUTHORITY.—The Secretary of the

16 Navy is authorized to enter into a contract during fiscal

17 year 2001 for the nuclear refueling and complex overhaul

18 of the U.S.S. Dwight D. Eisenhower.

19 (c) CONDITION FOR OUT-YEAR CONTRACT PAY20 MENTS.—A contract entered into under subsection (b)

21 shall provide that any obligation of the United States to

22 make a payment under the contract for a fiscal year after

23 fiscal year 2001 is subject to the availability of appropria24 tions for that purpose for that later fiscal year.
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1 SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PRO2 GRAMS.

3 (a) ALTERNATIVE FUNDING ANALYSIS.—The Sec4 retary of the Navy shall conduct an analysis on the poten5 tial benefits and risks associated with alternative funding

6 mechanisms for the procurement of various classes of

7 naval vessels and other naval capabilities beginning in fis8 cal year 2002.

9 (b) ALTERNATIVE FUNDING MECHANISMS.—For

10 purposes of this section, the term ‘‘alternative funding

11 mechanism’’ means any of the following:

12 (1) The use of multiyear procurement.

13 (2) The use of advance procurement for block

14 buys of materials in economic order quantities.

15 (3) The use of advance procurement and ad16 vance construction required in the number of years

17 appropriate to minimize the cost of ship construc18 tion.

19 (4) The use of advance procurement and ad20 vance construction apportioned roughly evenly across

21 some number of fiscal years.

22 (5) The use of resources from the National De23 fense Sealift Fund to budget for auxiliary ships and

24 strategic lift ships.

25 (6) The use of the resources from the National

26 Defense Sealift Fund to provide advance payments
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1 for national defense features to establish an active

2 Ready Reserve Force.

3 (c) REPORT.—The Secretary shall submit to the con4 gressional defense committees a report providing the re5 sults of the analysis under subsection (a). The report shall

6 be submitted concurrently with the submission of the

7 President’s budget for fiscal year 2002, but in no event

8 later than February 5, 2001. The report shall include the

9 following:

10 (1) A detailed description of the funding mecha11 nisms considered.

12 (2) The potential savings or costs associated

13 with each such funding mechanism.

14 (3) The year-to-year effect of each such funding

15 mechanism on production stability of other ship16 building programs funded within the Shipbuilding

17 and Conversion, Navy, account, given the current ac18 quisition plan of the Navy through fiscal year 2010.

19 (4) The variables and constants used in the

20 analysis which should include economic, industrial

21 base, and budget realities.

22 (5) A description and discussion of any statu23 tory or regulatory restrictions that would preclude

24 the use of any of the funding mechanisms consid25 ered.
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1 SEC. 128. HELICOPTER SUPPORT OF FFG–7 FRIGATES DUR2 ING FISCAL YEAR 2001.

3 During fiscal year 2001, the Secretary of the Navy

4 shall operate one squadron of six SH-2G helicopters to

5 provide organic helicopter assets for operational support

6 of missions that are to be carried out by FFG–7 Flight

7 I and Flight II frigates during that fiscal year.

8 SEC. 129. V–22 COCKPIT AIRCRAFT VOICE AND FLIGHT

9 DATA RECORDERS.

10 The Secretary of Defense shall require that all V–

11 22 Osprey aircraft be equipped with a state-of-the-art

12 cockpit voice recorder and a state-of-the-art flight data re13 corder each of which meets, at a minimum, the standards

14 for such devices recommended by the National Transpor15 tation Safety Board.

16 Subtitle D—Air Force Programs

17 SEC. 131. ANNUAL REPORT ON B–2 BOMBER.

18 (a) IN GENERAL.—(1) Chapter 136 of title 10,

19 United States Code, is amended by adding at the end the

20 following new section:

21 ‘‘§ 2282. B–2 bomber: annual report

22 ‘‘Not later than March 1 of each year, the Secretary

23 of Defense shall submit to the Committee on Armed Serv24 ices of the Senate and the Committee on Armed Services

25 of the House of Representatives a report on the B–2
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1 bomber aircraft. Each such report shall include the fol2 lowing:

3 ‘‘(1) Identification of the average full-mission

4 capable rate of B–2 aircraft for the preceding fiscal

5 year and the Secretary’s overall assessment of the

6 implications of that full-mission capable rate on mis7 sion accomplishment for the B–2 aircraft, together

8 with the Secretary’s determination as to whether

9 that rate is adequate for the accomplishment of each

10 of the missions assigned to the B–2 aircraft as of

11 the date of the assessment.

12 ‘‘(2) An assessment of the technical capabilities

13 of the B–2 aircraft and whether these capabilities

14 are adequate to accomplish each of the missions as15 signed to that aircraft as of the date of the assess16 ment.

17 ‘‘(3) Identification of all ongoing and planned

18 development of technologies to enhance the capabili19 ties of that aircraft.

20 ‘‘(4) Identification and assessment of additional

21 technologies that would make that aircraft more ca22 pable or survivable against known and evolving

23 threats.

24 ‘‘(5) A fiscally phased program for each tech25 nology identified in paragraphs (3) and (4) for the
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1 budget year and the future-years defense program,

2 based on the following three funding situations:

3 ‘‘(A) The President’s current budget.

4 ‘‘(B) The President’s current budget and

5 the current Department of Defense unfunded

6 priority list.

7 ‘‘(C) The maximum executable funding for

8 the B–2 aircraft given the requirement to main9 tain enough operationally ready aircraft to ac10 complish missions assigned to the B-2 air11 craft.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by adding at the end the following

14 new item:

‘‘2282. B–2 bomber: annual report.’’.

15 (b) REPEAL OF SUPERSEDED REPORTING REQUIRE16 MENT.—Section 112 of the National Defense Authoriza17 tion Act for Fiscal Years 1990 and 1991 (Public Law

18 101–189) is repealed.

19 SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL

20 GUARD F–16A UNITS.

21 The Secretary of the Air Force shall, not later than

22 February 1, 2001, submit to Congress a plan to modernize

23 and upgrade the combat capabilities of those Air National

24 Guard units that, as of the date of the enactment of this
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1 Act, are assigned F–16A aircraft so that those units can

2 be deployed as part of Air Expeditionary Forces.

3 Subtitle E—Joint Programs

4 SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT AL5 TERNATIVES FOR THE JOINT STRIKE FIGHT6 ER PROGRAM.

7 (a) REPORT REQUIRED.—Not later than 180 days

8 after the date of the award of a contract for engineering

9 and manufacturing development for the Joint Strike

10 Fighter aircraft program, the Secretary of Defense shall

11 submit to Congress a report providing the results of a

12 study of final assembly and checkout alternatives for that

13 aircraft.

14 (b) MATTERS TO BE INCLUDED.—The report under

15 subsection (a) shall include the following:

16 (1) Examination of alternative final assembly

17 and checkout strategies for the program, including—

18 (A) final assembly and checkout of all air19 craft under the program at one location;

20 (B) final assembly and checkout at dual lo21 cations; and

22 (C) final assembly and checkout at mul23 tiple locations.
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1 (2) Identification of each Government and in2 dustry facility that is a potential location for such

3 final assembly and checkout.

4 (3) Identification of the anticipated costs of

5 final assembly and checkout at each facility identi6 fied pursuant to paragraph (2), based upon a rea7 sonable profile for the annual procurement of that

8 aircraft once it enters production.

9 (4) A comparison of the anticipated costs of

10 carrying out such final assembly and checkout at

11 each such location.

12 (c) COST COMPARISON.—In identifying costs under

13 subsection (b)(3) and carrying out the cost comparisons

14 required by subsection (b)(4), the Secretary shall include

15 consideration of each of the following factors:

16 (1) State tax credits.

17 (2) State and local incentives.

18 (3) Skilled resident workforce.

19 (4) Supplier and technical support bases.

20 (5) Available stealth production facilities.

21 (6) Environmental standards.
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1 Subtitle F—Chemical

2 Demilitarization

3 SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT

4 AND MUNITIONS DESTRUCTION TECH5 NOLOGIES.

6 (a) LIMITATION.—In determining the technologies to

7 be used for the destruction of the stockpile of lethal chem8 ical agents and munitions at Pueblo Chemical Depot, Col9 orado, whether under the assessment required by section

10 141(a) of the National Defense Authorization Act for Fis11 cal Year 2000 (Public Law 106–65; 113 Stat. 537; 50

12 U.S.C. 1521 note), the Assembled Chemical Weapons As13 sessment, or any other assessment, the Secretary of De14 fense may consider only the following technologies:

15 (1) Incineration.

16 (2) Any technologies demonstrated under the

17 Assembled Chemical Weapons Assessment on or be18 fore May 1, 2000.

19 (b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT

20 DEFINED.—As used in subsection (a), the term ‘‘Assem21 bled Chemical Weapons Assessment’’ means the pilot pro22 gram carried out under section 8065 of the Department

23 of Defense Appropriations Act, 1997 (as contained in sec24 tion 101(b) of Public Law 104–208; 110 Stat. 3009–101;

25 50 U.S.C. 1521 note).
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1 SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL

2 ECONOMIC ASSISTANCE FOR COMMUNITIES

3 IMPACTED BY CHEMICAL DEMILITARIZATION

4 ACTIVITIES.

5 (a) REPORT REQUIRED.—Not later than April 1,

6 2001, the Secretary of Defense shall submit to the Com7 mittees on Armed Services of the Senate and of the House

8 of Representatives a report on the impact of the Depart9 ment of Defense chemical agents and munitions destruc10 tion program on the communities in the vicinity of the

11 chemical weapons stockpile storage sites and associated

12 chemical agent demilitarization activities at the following

13 facilities:

14 (1) Anniston Chemical Activity, Alabama.

15 (2) Blue Grass Chemical Activity, Kentucky.

16 (3) Deseret Chemical Depot, Utah.

17 (4) Edgewood Chemical Activity, Maryland.

18 (5) Newport Chemical Activity, Indiana.

19 (6) Pine Bluff Chemical Activity, Arkansas.

20 (7) Pueblo Chemical Activity, Colorado.

21 (8) Umatilla Chemical Depot, Oregon.

22 (b) RECOMMENDATION.—The Secretary shall include

23 in the report a recommendation regarding whether Fed24 eral economic assistance for any or all of those commu25 nities to assist in meeting the impact of that program is

26 needed and appropriate. If the Secretary’s recommenda-
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1 tion is that such economic assistance is needed and appro2 priate for any or all of such communities, the Secretary

3 shall include in the report criteria for determining the

4 amount of such economic assistance.

5 (c) MATTERS TO BE CONSIDERED IN ASSESSING IM6 PACT.—In assessing the impact of the program referred

7 to in subsection (a) for purposes of preparing the report

8 required by that subsection and the recommendation re9 quired by subsection (b), the Secretary shall consider the

10 following:

11 (1) The impact that any change in population

12 as a result of chemical agent demilitarization activi13 ties would have on the community.

14 (2) The possible temporary nature of such a

15 change in population and the long-range financial

16 impact of such a change in population on the perma17 nent residents of the community.

18 (3) The initial capitalization required for the

19 services, facilities, or infrastructure to support any

20 increase in population.

21 (4) The operating costs for sustaining or up22 grading the services, facilities, or infrastructure to

23 support any increase in population.

24 (5) The costs incurred by local government en25 tities for improvements to emergency evacuation
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1 routes required by the chemical demilitarization ac2 tivities.

3 (6) Such other factors as the Secretary con4 siders appropriate.

5 SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCK6 PILE CHEMICAL WARFARE MATERIAL AT AN7 NISTON CHEMICAL STOCKPILE DISPOSAL FA8 CILITY.

9 No funds authorized to be made available under this

10 or any other Act may be used to facilitate the disposal

11 using the chemical stockpile disposal facility at Anniston,

12 Alabama, of any non-stockpile chemical warfare material

13 that is not stored (as of the date of the enactment of this

14 Act) at the Anniston Army Depot.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Management of Space-Based Infrared System—Low.

Sec. 212. Joint Strike Fighter program.

Sec. 213. Fiscal year 2002 joint field experiment.

Sec. 214. Nuclear aircraft carrier design and production modeling.

Sec. 215. DD–21 class destroyer program.

Sec. 216. Limitation on Russian American Observation Satellites program.

Sec. 217. Joint biological defense program.

Sec. 218. Report on biological warfare defense vaccine research and development programs.

Sec. 219. Cost limitations applicable to F–22 aircraft program.
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Sec. 220. Unmanned advanced capability combat aircraft and ground combat

vehicles.

Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle.

Sec. 222. Army space control technology development.

Subtitle C—Ballistic Missile Defense

Sec. 231. Funding for fiscal year 2001.

Sec. 232. Reports on ballistic missile threat posed by North Korea.

Sec. 233. Plan to modify ballistic missile defense architecture.

Sec. 234. Management of Airborne Laser program.

Subtitle D—High Energy Laser Programs

Sec. 241. Funding.

Sec. 242. Implementation of High Energy Laser Master Plan.

Sec. 243. Designation of senior official for high energy laser programs.

Sec. 244. Site for Joint Technology Office.

Sec. 245. High energy laser infrastructure improvements.

Sec. 246. Cooperative programs and activities.

Sec. 247. Technology plan.

Sec. 248. Annual report.

Sec. 249. Definition.

Sec. 250. Review of Defense-wide directed energy programs.

Subtitle E—Other Matters

Sec. 251. Reports on mobile offshore base concept and potential use for certain

purposes of technologies associated with that concept.

Sec. 252. Air Force science and technology planning.

Sec. 253. Enhancement of authorities regarding education partnerships for purposes of encouraging scientific study.

Sec. 254. Recognition of those individuals instrumental to naval research efforts during the period from before World War II through the

end of the Cold War.

1 Subtitle A—Authorization of

2 Appropriations

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2001 for the use of the Department of Defense

6 for research, development, test, and evaluation as follows:

7 (1) For the Army, $5,568,482,000.

8 (2) For the Navy, $8,715,335,000.

9 (3) For the Air Force, $13,779,144,000.
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1 (4) For Defense-wide activities,

2 $10,873,712,000, of which $192,060,000 is author3 ized for the Director of Operational Test and Eval4 uation.

5 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

6 (a) FISCAL YEAR 2001.—Of the amounts authorized

7 to be appropriated by section 201, $4,557,188,000 shall

8 be available for basic research and applied research

9 projects.

10 (b) BASIC RESEARCH AND APPLIED RESEARCH DE11 FINED.—For purposes of this section, the term ‘‘basic re12 search and applied research’’ means work funded in pro13 gram elements for defense research and development

14 under Department of Defense category 6.1 or 6.2.

15 Subtitle B—Program Require16 ments, Restrictions, and Limita17 tions

18 SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYS19 TEM—LOW.

20 Not later than October 1, 2001, the Secretary of De21 fense shall direct that the Director of the Ballistic Missile

22 Defense Organization shall have authority for program

23 management for the ballistic missile defense program

24 known on the date of the enactment of this Act as the

25 Space-Based Infrared System—Low.
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1 SEC. 212. JOINT STRIKE FIGHTER PROGRAM.

2 (a) REPORT.—Not later than December 15, 2000,

3 the Secretary of Defense shall submit to the congressional

4 defense committees a report on the Joint Strike Fighter

5 aircraft program describing the criteria for exit of the pro6 gram from the demonstration and validation phase, and

7 entry of the program into the engineering and manufac8 turing development phase, of the acquisition process.

9 (b) CERTIFICATION.—The Joint Strike Fighter pro10 gram may not be approved for entry into the engineering

11 and manufacturing development phase of the acquisition

12 process until the Secretary of Defense certifies to the con13 gressional defense committees that—

14 (1) the exit criteria established in the report

15 submitted under subsection (a) have been accom16 plished;

17 (2) the technological maturity of key tech18 nologies for the program is sufficient to warrant

19 entry of the program into the engineering and man20 ufacturing development phase; and

21 (3) the short take-off, vertical-landing aircraft

22 variant selected for engineering and manufacturing

23 development has successfully flown at least 20

24 hours.

25 (c) TRANSFERS WITHIN THE JOINT STRIKE FIGHT26 ER NAVY AND AIR FORCE ACCOUNTS.—(1) The Secretary
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1 of Defense may, subject to established congressional noti2 fication and reprogramming procedures, transfer within

3 the Joint Strike Fighter program the following amounts:

4 (A) Of the funds authorized to be appropriated

5 for PE 64800N, up to $100,000,000 to PE

6 63800N.

7 (B) Of the funds authorized to be appropriated

8 for PE 64800F, up to $100,000,000 to PE 63800F.

9 (2) The transfer authority authorized in paragraph

10 (1) is in addition to the transfer authority provided in sec11 tion 1001.

12 SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

13 (a) REQUIREMENTS.—The Secretary of Defense shall

14 carry out a joint field experiment in fiscal year 2002. The

15 Secretary shall ensure that the planning for the joint field

16 experiment is carried out in fiscal year 2001.

17 (b) PURPOSE.—The purpose of the joint field experi18 ment is to explore critical war fighting challenges at the

19 operational level of war that will confront United States

20 joint military forces after 2010.

21 (c) PARTICIPATING FORCES.—(1) The joint field ex22 periment shall involve elements of the Army, Navy, Marine

23 Corps, and Air Force, and shall include special operations

24 forces.
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1 (2) The forces designated to participate in the joint

2 field experiment shall exemplify the concepts for organiza3 tion, equipment, and doctrine that are conceived for the

4 forces after 2010 under Joint Vision 2010 and Joint Vi5 sion 2020 (issued by the Joint Chiefs of Staff) and the

6 current vision statements of the Chief of Staff of the

7 Army, the Chief of Naval Operations, the Commandant

8 of the Marine Corps, and the Chief of Staff of the Air

9 Force, including the following concepts:

10 (A) Army medium weight brigades.

11 (B) Navy Forward-From-The-Sea.

12 (C) Air Force expeditionary aerospace forces.

13 (d) REPORT.—Not later than March 1, 2001, the

14 Secretary shall submit to the congressional defense com15 mittees a report on the concept plan for the joint field

16 experiment required under subsection (a). The report shall

17 include the following:

18 (1) The objectives of the experiment.

19 (2) The forces participating in the experiment.

20 (3) The schedule and location of the experi21 ment.

22 (4) For each joint command, defense agency,

23 and service component participating in the experi24 ment, an identification of—
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1 (A) the funding required for the experi2 ment by that command, agency, or component;

3 and

4 (B) any shortfall in the budget request for

5 the Department of Defense for fiscal year 2002

6 for that funding for that command, agency, or

7 component.

8 SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRO9 DUCTION MODELING.

10 (a) ASSESSMENT REQUIRED.—The Secretary of the

11 Navy shall conduct an assessment of the cost-effectiveness

12 of—

13 (1) converting design data for the Nimitz-class

14 aircraft carrier from non-electronic to electronic

15 form; and

16 (2) developing an electronic, three-dimensional

17 design product model for the CVNX class aircraft

18 carrier.

19 (b) CONDUCT OF THE ASSESSMENT.—The Secretary

20 of the Navy shall carry out the assessment in a manner

21 that ensures the participation of the nuclear aircraft car22 rier shipbuilding industry.

23 (c) REPORT.—The Secretary of the Navy shall sub24 mit a report to the congressional defense committees on

25 the assessment. The report shall include the results of the
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1 assessment and plans and funding requirements for devel2 oping the model specified in subsection (a)(2). The report

3 shall be submitted with the submission of the budget re4 quest for the Department of Defense for fiscal year 2002.

5 (d) FUNDING.—Of the amount authorized to be ap6 propriated under section 201(2) for research, develop7 ment, test, and evaluation for the Navy, $8,000,000 shall

8 be available to initiate the conversion and development of

9 nuclear aircraft carrier design data into an electronic,

10 three-dimensional product model.

11 SEC. 215. DD–21 CLASS DESTROYER PROGRAM.

12 (a) AUTHORITY.—The Secretary of the Navy is au13 thorized to pursue a technology insertion approach for the

14 construction of the DD–21 destroyer that is based on the

15 assumption of the following schedule:

16 (1) Award of a contract for advance procure17 ment for construction of components for the DD–21

18 destroyer during fiscal year 2004.

19 (2) Delivery of the completed ship during fiscal

20 year 2009.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that—

23 (1) there are compelling reasons for starting

24 the program for constructing the DD–21 destroyer

25 during fiscal year 2004 with available procurement
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1 funds and continuing with sequential construction of

2 DD–21 class destroyers during the ensuing fiscal

3 years until 32 DD–21 class destroyers have been

4 constructed; and

5 (2) the Secretary of the Navy, in providing for

6 the acquisition of DD–21 class destroyers, should

7 consider that—

8 (A) the Marine Corps needs the surface

9 fire-support capabilities of the DD–21 class de10 stroyers as soon as possible in order to mitigate

11 the inadequacies of the surface fire-support ca12 pabilities that are currently available;

13 (B) the Navy and Marine Corps need to

14 resolve whether there is a requirement for sur15 face fire-support missile weapon systems to be

16 easily sustainable by means of replenishment

17 while under way;

18 (C) the technology insertion approach has

19 been successful for other ship construction pro20 grams and is being pursued for the CVNX air21 craft carrier program and the Virginia class

22 submarine program;

23 (D) the establishment of a stable configu24 ration for the first 10 DD–21 class destroyers

25 should enable the construction of those ships
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1 with the greatest capabilities at the lowest cost;

2 and

3 (E) action to acquire DD–21 class destroy4 ers should be taken as soon as possible in order

5 to realize fully the cost savings that can be de6 rived from the construction and operation of

7 DD–21 class destroyers, including—

8 (i) savings in construction costs that

9 would result from achievement of the

10 Navy’s target per-ship cost of

11 $750,000,000 by the fifth ship constructed

12 in each construction yard;

13 (ii) savings that would result from the

14 estimated reduction of the crews of de15 stroyers by 200 or more personnel for each

16 ship; and

17 (iii) savings that would result from a

18 reduction in the operating costs for de19 stroyers by an estimated 70 percent.

20 (c) NAVY PLAN FOR USE OF TECHNOLOGY INSER21 TION APPROACH FOR CONSTRUCTION OF THE DD–21

22 SHIP.—The Secretary of the Navy shall submit to the

23 Committees on Armed Services of the Senate and the

24 House of Representatives, not later than April 18, 2001,

25 a plan for pursuing a technology insertion approach for
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1 the construction of the DD–21 destroyer as authorized

2 under subsection (a). The plan shall include estimates of

3 the resources necessary to carry out the plan.

4 (d) REPORT ON ACQUISITION AND MAINTENANCE

5 PLAN FOR DD–21 CLASS SHIPS.—The Secretary of De6 fense shall submit to the Committees on Armed Services

7 of the Senate and the House of Representatives, not later

8 than April 18, 2001, a report on the Navy’s plan for the

9 acquisition and maintenance of DD–21 class destroyers.

10 The report shall include a discussion of each of the fol11 lowing matters:

12 (1) The technical feasibility of contracting for,

13 and commencing construction of, the first destroyer

14 in that class during fiscal year 2004 and achieving

15 delivery of the completed ship during fiscal year

16 2009.

17 (2) An analysis of alternative contracting strat18 egies for the construction of the first 10 destroyers

19 in that class, including one or more multiyear pro20 curement strategies and one or more strategies for

21 block buy in economic order quantity.

22 (3) A comparison of the effects on the destroyer

23 industrial base and on costs to other Navy ship24 building programs of the following two options:
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1 (A) Commencing construction of the first

2 destroyer in that class during fiscal year 2004,

3 with delivery of the completed ship during fiscal

4 year 2009, and delaying commencement of con5 struction of the next destroyer in that class

6 until fiscal year 2006.

7 (B) Commencing construction of the first

8 destroyer in that class during fiscal year 2005

9 (rather than fiscal year 2004), with advance

10 procurement during fiscal year 2004 and deliv11 ery of the completed ship during fiscal year

12 2010, and delaying commencement of construc13 tion of the next destroyer in that class until fis14 cal year 2007 (rather than fiscal year 2006).

15 (4) The effects on the fleet maintenance strate16 gies of Navy fleet commanders, on commercial main17 tenance facilities in fleet concentration areas, and on

18 the administration of funds in compliance with sec19 tion 2466 of title 10, United States Code, of award20 ing to a contractor for the construction of a de21 stroyer in that class all maintenance workloads for

22 destroyers in that class that are below depot-level

23 maintenance and above ship-level maintenance.
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1 SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVA2 TION SATELLITES PROGRAM.

3 None of the funds authorized to be appropriated

4 under section 201(4) for the Russian American Observa5 tion Satellites program may be obligated or expended until

6 30 days after the Secretary of Defense submits to Con7 gress a report explaining how the Secretary plans to pro8 tect United States advanced military technology that may

9 be associated with the Russian American Observation Sat10 ellites program.

11 SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.

12 (a) LIMITATION.—Subject to subsection (c), funds

13 authorized to be appropriated by this Act may not be obli14 gated for the procurement of a vaccine for the biological

15 agent anthrax until the Secretary of Defense has sub16 mitted to the congressional defense committees each of the

17 following:

18 (1) A written notification that the Food and

19 Drug Administration has approved the current man20 ufacturer for production of the vaccine.

21 (2) A report on the contingencies associated

22 with continuing to rely on the current manufacturer

23 to supply the vaccine.

24 (b) CONTENT OF REPORT.—The report required

25 under subsection (a)(2) shall include each of the following:
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1 (1) Recommended strategies to mitigate the

2 risk to the Department of Defense of losing the cur3 rent manufacturer as a source of anthrax vaccine,

4 together with a discussion of the criteria to be ap5 plied in determining whether to carry out any of the

6 strategies and which strategy to carry out.

7 (2) Recommended strategies to ensure that the

8 Department of Defense can procure, from one or

9 more sources other than the current manufacturer,

10 an anthrax vaccine approved by the Food and Drug

11 Administration that meets the requirements of the

12 Department if—

13 (A) the Food and Drug Administration

14 does not approve the release of the anthrax vac15 cine available from the current manufacturer;

16 or

17 (B) the current manufacturer terminates

18 the production of anthrax vaccine permanently.

19 (3) A five-year budget to support each strategy

20 recommended under paragraph (1) or (2).

21 (c) PERMISSIBLE OBLIGATIONS.—(1) This section

22 does not limit the obligation of funds for any of the fol23 lowing purposes:

24 (A) The support of any action that is necessary

25 for the current manufacturer to comply with stand-
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1 ards of the Food and Drug Administration (includ2 ing those purposes necessary to obtain or maintain

3 a biological license application) applicable to anthrax

4 vaccine.

5 (B) Establishing an additional source (other

6 than or in conjunction with the current manufac7 turer) for the production of anthrax vaccine.

8 (C) Any action that the Secretary determines

9 necessary to ensure production of anthrax vaccine

10 for meeting an urgent and immediate national de11 fense requirement.

12 (2) Not later than seven days after the total amount

13 of the funds obligated (or obligated and expended) for pur14 poses specified in paragraph (1) exceeds $5,000,000, the

15 Secretary shall submit to Congress a notification that the

16 total obligations exceed that amount, together with a writ17 ten justification for the obligation of funds in excess of

18 that amount.

19 (d) CURRENT MANUFACTURER.—In this section, the

20 term ‘‘current manufacturer’’ means the manufacturing

21 source from which the Department of Defense is procuring

22 anthrax vaccine as of the date of the enactment of this

23 Act.
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1 SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE

2 VACCINE RESEARCH AND DEVELOPMENT

3 PROGRAMS.

4 (a) REPORT REQUIRED.—Not later than February 1,

5 2001, the Secretary of Defense shall submit to the con6 gressional defense committees a report on the acquisition

7 of biological warfare defense vaccines for the Department

8 of Defense.

9 (b) CONTENTS.—The report shall include the fol10 lowing:

11 (1) The Secretary’s evaluation of the implica12 tions of reliance on the commercial sector to meet

13 the requirements of the Department of Defense for

14 biological warfare defense vaccines.

15 (2) A design for a government-owned, con16 tractor-operated facility for the production of bio17 logical warfare defense vaccines that meets the re18 quirements of the Department for such vaccines, and

19 the assumptions on which that design is based.

20 (3) A preliminary cost estimate of, and schedule

21 for, establishing and bringing into operation such a

22 facility, and the estimated annual cost of operating

23 such a facility thereafter.

24 (4) A determination, developed in consultation

25 with the Surgeon General, of the utility of such a fa26 cility to support the production of vaccines for the
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1 civilian sector, and a discussion of the effects that

2 the use of such a facility for that purpose might

3 have on—

4 (A) the production of vaccines for the

5 Armed Forces; and

6 (B) the annual cost of operating such a fa7 cility.

8 (5) An analysis of the effects that international

9 requirements for vaccines, and the production of

10 vaccines in response to those requirements, might

11 have on—

12 (A) the production of vaccines for the

13 Armed Forces; and

14 (B) the annual cost of operating such a fa15 cility.

16 (c) BIOLOGICAL WARFARE DEFENSE VACCINE DE17 FINED.—In this section, the term ‘‘biological warfare de18 fense vaccine’’ means a vaccine useful for the immuniza19 tion of military personnel to protect against biological

20 agents on the Validated Threat List issued by the Joint

21 Chiefs of Staff, whether such vaccine is in production or

22 is being developed.
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1 SEC. 219. COST LIMITATIONS APPLICABLE TO F–22 AIR2 CRAFT PROGRAM.

3 (a) FLEXIBILITY IN ENGINEERING AND MANUFAC4 TURING DEVELOPMENT COST CAP.—Section 217(c) of the

5 National Defense Authorization Act for Fiscal Year 1998

6 (Public Law 105–85; 111 Stat. 1660) is amended by add7 ing at the end the following new paragraph:

8 ‘‘(3) With respect to the limitation in sub9 section (a), an increase by an amount that does not

exceed 11 10 ⁄2 percent of the total amount of that limi11 tation (taking into account the increases and de12 creases, if any, under paragraphs (1) and (2)) if the

13 Director of Operational Test and Evaluation, after

14 consulting with the Under Secretary of Defense for

15 Acquisition, Technology, and Logistics, determines

16 that the increase is necessary in order to ensure ade17 quate testing.’’.

18 (b) REESTABLISHMENT OF SEPARATE ENGINEERING

19 AND MANUFACTURING DEVELOPMENT COST CAP AND

20 PRODUCTION COST CAP.—The provisions of subsections

21 (a) and (b) of section 217 of the National Defense Author22 ization Act for Fiscal Year 1998 (Public Law 105–85; 111

23 Stat. 1660) shall continue to apply with respect to

24 amounts obligated and expended for engineering and man25 ufacturing development, and for production, respectively,

26 for the F–22 aircraft program without regard to any pro-
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1 vision of law establishing a single limitation on amounts

2 obligated and expended for engineering and manufac3 turing development and for production for that program.

4 SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIR5 CRAFT AND GROUND COMBAT VEHICLES.

6 (a) GOAL.—It shall be a goal of the Armed Forces

7 to achieve the fielding of unmanned, remotely controlled

8 technology such that—

9 (1) by 2010, one-third of the aircraft in the

10 operational deep strike force aircraft fleet are un11 manned; and

12 (2) by 2015, one-third of the operational

13 ground combat vehicles are unmanned.

14 (b) REPORT ON UNMANNED ADVANCED CAPABILITY

15 COMBAT AIRCRAFT AND GROUND COMBAT VEHICLES.—

16 (1) Not later than January 31, 2001, the Secretary of De17 fense shall submit to the congressional defense committees

18 a report on the programs to demonstrate unmanned ad19 vanced capability combat aircraft and ground combat vehi20 cles undertaken jointly between the Director of the De21 fense Advanced Research Projects Agency and any of the

22 following:

23 (A) The Secretary of the Army.

24 (B) The Secretary of the Navy.

25 (C) The Secretary of the Air Force.
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1 (2) The report shall include, for each program re2 ferred to in paragraph (1), the following:

3 (A) A schedule for the demonstration to be car4 ried out under that program.

5 (B) An identification of the funding required

6 for fiscal year 2002 and for the future-years defense

7 program to carry out that program and for the dem8 onstration to be carried out under that program.

9 (C) In the case of the program relating to the

10 Army, the plan for modification of the existing

11 memorandum of agreement with the Defense Ad12 vanced Research Projects Agency for demonstration

13 and development of the Future Combat System to

14 reflect an increase in unmanned, remotely controlled

15 enabling technologies.

16 (3) The report shall also include, for each Secretary

17 referred to in paragraphs (1)(A), (1)(B), and (1)(C), a

18 description and assessment of the acquisition strategy for

19 unmanned advanced capability combat aircraft and

20 ground combat vehicles planned by that Secretary, which

21 shall include a detailed estimate of all research and devel22 opment, procurement, operation, support, ownership, and

23 other costs required to carry out such strategy through

24 the year 2030, and—
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1 (A) in the case of the acquisition strategy relat2 ing to the Army, the transition from the planned ac3 quisition strategy for the Future Combat System to

4 an acquisition strategy capable of meeting the goal

5 specified in subsection (a)(2);

6 (B) in the case of the acquisition strategy relat7 ing to the Navy—

8 (i) the plan to implement a program that

9 examines the ongoing Air Force unmanned

10 combat air vehicle program and identifies an

11 approach to develop a Navy unmanned combat

12 air vehicle program that has the goal of devel13 oping an aircraft that is suitable for aircraft

14 carrier use and has maximum commonality with

15 the aircraft under the Air Force program; and

16 (ii) an analysis of alternatives between the

17 operational deep strike force aircraft fleet and

18 that fleet together with an additional 10 to 20

19 unmanned advanced capability combat aircraft

20 that are suitable for aircraft carrier use and ca21 pable of penetrating fully operational enemy air

22 defense systems; and

23 (C) in the case of the acquisition strategy relat24 ing to the Air Force—
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1 (i) the schedule for evaluation of dem2 onstration results for the ongoing unmanned

3 combat air vehicle program and the earliest

4 possible transition of that program into engi5 neering and manufacturing development and

6 procurement; and

7 (ii) an analysis of alternatives between the

8 currently planned deep strike force aircraft fleet

9 and the operational deep strike force aircraft

10 fleet that could be acquired by fiscal year 2010

11 to meet the goal specified in subsection (a)(1).

12 (c) FUNDS.—Of the amount authorized to be appro13 priated for Defense-wide activities under section 201(4)

14 for the Defense Advanced Research Projects Agency,

15 $100,000,000 shall be available only to carry out the pro16 grams referred to in subsection (b)(1).

17 (d) DEFINITIONS.—For purposes of this section:

18 (1) An aircraft or ground combat vehicle has

19 ‘‘unmanned advanced capability’’ if it is an autono20 mous, semi-autonomous, or remotely controlled sys21 tem that can be deployed, re-tasked, recovered, and

22 re-deployed.

23 (2) The term ‘‘currently planned deep strike

24 force aircraft fleet’’ means the early entry, deep

25 strike aircraft fleet (composed of F–117 stealth air-
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1 craft and B–2 stealth aircraft) that is currently

2 planned for fiscal year 2010.

3 (3) The term ‘‘operational deep strike force air4 craft fleet’’ means the currently planned deep strike

5 force aircraft fleet, together with at least 30 un6 manned advanced capability combat aircraft that are

7 capable of penetrating fully operational enemy air

8 defense systems.

9 (4) The term ‘‘operational ground combat vehi10 cles’’ means ground combat vehicles acquired

11 through the Future Combat System acquisition pro12 gram of the Army to equip the future objective

13 force, as outlined in the vision statement of the

14 Chief of Staff of the Army.

15 SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UN16 MANNED AERIAL VEHICLE.

17 (a) CONCEPT DEMONSTRATION REQUIRED.—The

18 Secretary of Defense shall require and coordinate a con19 cept demonstration of the Global Hawk high altitude en20 durance unmanned aerial vehicle.

21 (b) PURPOSE OF DEMONSTRATION.—The purpose of

22 the concept demonstration is to demonstrate the capability

23 of the Global Hawk high altitude endurance unmanned

24 aerial vehicle to operate in an airborne surveillance mode,

25 using available, non-developmental technology.
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1 (c) TIME FOR DEMONSTRATION.—The Secretary

2 shall initiate the demonstration not later than March 1,

3 2001.

4 (d) PARTICIPATION BY CINCS.—The Secretary shall

5 require the commander of the United States Joint Forces

6 Command and the commander of the United States

7 Southern Command jointly to provide guidance for the

8 demonstration and otherwise to participate in the dem9 onstration.

10 (e) SCENARIO FOR DEMONSTRATION.—The dem11 onstration shall be conducted in a counter-drug surveil12 lance scenario that is designed to replicate factual condi13 tions typically encountered in the performance of the

14 counter-drug surveillance mission of the commander of the

15 United States Southern Command within that com16 mander’s area of responsibility.

17 (f) REPORT.—Not later than 45 days after the dem18 onstration is completed, the Secretary shall submit to Con19 gress a report on the results of the demonstration. The

20 report shall include the following:

21 (1) The Secretary’s assessment of the technical

22 feasibility of using the Global Hawk high altitude

23 endurance unmanned aerial vehicle for airborne air

24 surveillance.
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1 (2) A discussion of the operational concept for

2 the use of the vehicle for that purpose.

3 (g) FUNDING.—Of the funds authorized to be appro4 priated by section 301(20) for Drug Interdiction and

5 Counter-drug Activities, Defense-wide, $18,000,000 shall

6 be available for the concept demonstration required by

7 subsection (a), including initiation of concurrent develop8 ment for an improved surveillance radar.

9 SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOP10 MENT.

11 Of the funds authorized to be appropriated under sec12 tion 201(1) for Army space control technology,

13 $3,000,000 shall be available for the kinetic energy anti14 satellite technology program.

15 Subtitle C—Ballistic Missile

16 Defense

17 SEC. 231. FUNDING FOR FISCAL YEAR 2001.

18 Of the funds authorized to be appropriated in section

19 201(4), $1,875,238,000 shall be available for the National

20 Missile Defense program.

21 SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED

22 BY NORTH KOREA.

23 (a) REPORT ON BALLISTIC MISSILE THREAT.—Not

24 later than two weeks after the next flight test by North

25 Korea of a long-range ballistic missile, the President shall
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1 submit to Congress, in classified and unclassified form, a

2 report on the North Korean ballistic missile threat to the

3 United States. The report shall include the following:

4 (1) An assessment of the current North Korean

5 missile threat to the United States.

6 (2) An assessment of whether the United States

7 is capable of defeating the North Korean long-range

8 missile threat to the United States as of the date of

9 the report.

10 (3) An assessment of when the United States

11 will be capable of defeating the North Korean mis12 sile threat to the United States.

13 (4) An assessment of the potential for prolifera14 tion of North Korean missile technologies to other

15 states and whether such proliferation will accelerate

16 the development of additional long-range ballistic

17 missile threats to the United States.

18 (b) REPORT ON REDUCING VULNERABILITY.—Not

19 later than two weeks after the next flight test by North

20 Korea of a long-range ballistic missile, the President shall

21 submit to Congress a report providing the following:

22 (1) Any additional steps the President intends

23 to take to reduce the period of time during which

24 the Nation is vulnerable to the North Korean long25 range ballistic missile threat.
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1 (2) The technical and programmatic viability of

2 testing any other missile defense systems against

3 targets with flight characteristics similar to the

4 North Korean long-range missile threat, and plans

5 to do so if such tests are considered to be a viable

6 alternative.

7 (c) DEFINITION.—For purposes of this section, the

8 term ‘‘United States’’, when used in a geographic sense,

9 means the 50 States, the District of Columbia, and any

10 Commonwealth, territory, or possession of the United

11 States.

12 SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE

13 ARCHITECTURE.

14 (a) PLAN.—The Director of the Ballistic Missile De15 fense Organization shall develop a plan to adapt ballistic

16 missile defense systems and architectures to counter po17 tential threats to the United States, United States forces

18 deployed outside the United States, and other United

19 States national security interests that are posed by longer

20 range medium-range ballistic missiles and intermediate21 range ballistic missiles.

22 (b) USE OF SPACE-BASED SENSORS INCLUDED.—

23 The plan shall include—

24 (1) potential use of space-based sensors, includ25 ing the Space-Based Infrared System (SBIRS) Low
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1 and Space-Based Infrared System (SBIRS) High,

2 Navy theater missile defense assets, upgrades of

3 land-based theater missile defenses, the airborne

4 laser, and other assets available in the European

5 theater; and

6 (2) a schedule for ground and flight testing

7 against the identified threats.

8 (c) REPORT.—The Secretary of Defense shall assess

9 the plan and, not later than February 15, 2001, shall sub10 mit to the congressional defense committees a report on

11 the results of the assessment.

12 SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.

13 (a) OVERSIGHT OF FUNDING, SCHEDULE, AND

14 TECHNICAL REQUIREMENTS.—With respect to the pro15 gram known as of the date of the enactment of this Act

16 as the ‘‘Airborne Laser’’ program, the Secretary of De17 fense shall require that the Secretary of the Air Force ob18 tain the concurrence of the Director of the Ballistic Missile

19 Defense Organization before the Secretary—

20 (1) makes any change to the funding plan or

21 schedule for that program that would delay to a date

22 later than September 30, 2003, the first test of the

23 airborne laser that is intended to destroy a ballistic

24 missile in flight;
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1 (2) makes any change to the funding plan for

2 that program in the future-years defense program

3 that would delay the initial operational capability of

4 the airborne laser; and

5 (3) makes any change to the technical require6 ments of the airborne laser that would significantly

7 reduce its ballistic missile defense capabilities.

8 (b) REPORT.—Not later than February 15, 2001, the

9 Director of the Ballistic Missile Defense Organization

10 shall submit to the congressional defense committees a re11 port, to be prepared in coordination with the Secretary

12 of the Air Force, on the role of the airborne laser in the

13 family of systems missile defense architecture developed

14 by the Director of the Ballistic Missile Defense Organiza15 tion and the Director of the Joint Theater Air and Missile

16 Defense Organization. The report shall be submitted in

17 unclassified and, if necessary, classified form. The report

18 shall include the following:

19 (1) An assessment by the Secretary of the Air

20 Force and the Director of the Ballistic Missile De21 fense Organization of the funding plan for that pro22 gram required to achieve the schedule identified in

23 paragraphs (1) and (2) of subsection (a).

24 (2) Potential future airborne laser roles in that

25 architecture.
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1 (3) An assessment of the effect of deployment

2 of the airborne laser on requirements for theater

3 ballistic missile defense systems.

4 (4) An assessment of the cost effectiveness of

5 the airborne laser compared to other ballistic missile

6 defense systems.

7 (5) An assessment of the relative significance of

8 the airborne laser in the family of systems missile

9 defense architecture.

10 Subtitle D—High Energy Laser

11 Programs

12 SEC. 241. FUNDING.

13 (a) FUNDING FOR FISCAL YEAR 2001.—(1) Of the

14 amount authorized to be appropriated by section 201(4),

15 $30,000,000 is authorized for high energy laser develop16 ment.

17 (2) Funds available under this subsection are avail18 able to supplement the high energy laser programs of the

19 military departments and Defense Agencies, as deter20 mined by the official designated under section 243.

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that—

23 (1) the Department of Defense should establish

24 funding for high energy laser programs within the

25 science and technology programs of each of the mili-
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1 tary departments and the Ballistic Missile Defense

2 Organization; and

3 (2) the Secretary of Defense should establish a

4 goal that basic, applied, and advanced research in

5 high energy laser technology should constitute at

6 least 4.5 percent of the total science and technology

7 budget of the Department of Defense by fiscal year

8 2004.

9 SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MAS10 TER PLAN.

11 The Secretary of Defense shall implement the man12 agement and organizational structure specified in the De13 partment of Defense High Energy Laser Master Plan of

14 March 24, 2000.

15 SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH

16 ENERGY LASER PROGRAMS.

17 (a) DESIGNATION.—The Secretary of Defense shall

18 designate a single senior civilian official in the Office of

19 the Secretary of Defense (in this subtitle referred to as

20 the ‘‘designated official’’) to chair the High Energy Laser

21 Technology Council called for in the master plan referred

22 to in section 242 and to carry out responsibilities for the

23 programs for which funds are provided under this subtitle.

24 The designated official shall report directly to the Under

25 Secretary of Defense for Acquisition, Technology, and Lo-
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1 gistics for matters concerning the responsibilities specified

2 in subsection (b).

3 (b) RESPONSIBILITIES.—The primary responsibilities

4 of the designated official shall include the following:

5 (1) Establishment of priorities for the high en6 ergy laser programs of the military departments and

7 the Defense Agencies.

8 (2) Coordination of high energy laser programs

9 among the military departments and the Defense

10 Agencies.

11 (3) Identification of promising high energy laser

12 technologies for which funding should be a high pri13 ority for the Department of Defense and establish14 ment of priority for funding among those tech15 nologies.

16 (4) Preparation, in coordination with the Secre17 taries of the military departments and the Directors

18 of the Defense Agencies, of a detailed technology

19 plan to develop and mature high energy laser tech20 nologies.

21 (5) Planning and programming appropriate to

22 rapid evolution of high energy laser technology.

23 (6) Ensuring that high energy laser programs

24 of each military department and the Defense Agen25 cies are initiated and managed effectively and are
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1 complementary with programs managed by the other

2 military departments and Defense Agencies and by

3 the Office of the Secretary of Defense.

4 (7) Ensuring that the high energy laser pro5 grams of the military departments and the Defense

6 Agencies comply with the requirements specified in

7 subsection (c).

8 (c) COORDINATION AND FUNDING BALANCE.—In

9 carrying out the responsibilities specified in subsection (b),

10 the designated official shall ensure that—

11 (1) high energy laser programs of each military

12 department and of the Defense Agencies are con13 sistent with the priorities identified in the designated

14 official’s planning and programming activities;

15 (2) funding provided by the Office of the Sec16 retary of Defense for high energy laser research and

17 development complements high energy laser pro18 grams for which funds are provided by the military

19 departments and the Defense Agencies;

20 (3) programs, projects, and activities to be car21 ried out by the recipients of such funds are selected

22 on the basis of appropriate competitive procedures

23 or Department of Defense peer review process;

24 (4) beginning with fiscal year 2002, funding

25 from the Office of the Secretary of Defense in ap-
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1 plied research and advanced technology development

2 program elements is not applied to technology ef3 forts in support of high energy laser programs that

4 are not funded by a military department or the De5 fense Agencies; and

6 (5) funding from the Office of the Secretary of

7 Defense to complement an applied research or ad8 vanced technology development high energy laser

9 program for which funds are provided by one of the

10 military departments or the Defense Agencies do not

11 exceed the amount provided by the military depart12 ment or the Defense Agencies for that program.

13 SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.

14 (a) DEADLINE FOR SELECTION OF SITE.—The Sec15 retary of Defense shall locate the Joint Technology Office

16 called for in the High Energy Laser Master Plan referred

17 to in section 242 at a location determined appropriate by

18 the Secretary not later than 30 days after the date of the

19 enactment of this Act.

20 (b) CONSIDERATION OF SITE.—In determining the

21 location of the Joint Technology Office, the Secretary

22 shall, in consultation with the Deputy Under Secretary of

23 Defense for Science and Technology, assess—

24 (1) cost;
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1 (2) accessibility between the Office and the

2 Armed Forces and senior Department of Defense

3 leaders; and

4 (3) the advantages and disadvantages of locat5 ing the Office at a site at which occurs a substantial

6 proportion of the directed energy research, develop7 ment, test, and evaluation activities of the Depart8 ment of Defense.

9 SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IM10 PROVEMENTS.

11 (a) ENHANCEMENT OF INDUSTRIAL BASE.—The

12 Secretary of Defense shall consider, evaluate, and under13 take to the extent appropriate initiatives, including invest14 ment initiatives, to enhance the industrial base to support

15 military applications of high energy laser technologies and

16 systems.

17 (b) ENHANCEMENT OF TEST AND EVALUATION CA18 PABILITIES.—The Secretary of Defense shall consider

19 modernizing the High Energy Laser Test Facility at

20 White Sands Missile Range, New Mexico, in order to en21 hance the test and evaluation capabilities of the Depart22 ment of Defense with respect to high energy laser weap23 ons.
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1 SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.

2 (a) MEMORANDUM OF AGREEMENT WITH NNSA.—

3 (1) The Secretary of Defense and the Administrator for

4 Nuclear Security of the Department of Energy shall enter

5 into a memorandum of agreement to conduct joint re6 search and development on military applications of high

7 energy lasers.

8 (2) The projects pursued under the memorandum of

9 agreement—

10 (A) shall be of mutual benefit to the national

11 security programs of the Department of Defense and

12 the National Nuclear Security Administration of the

13 Department of Energy;

14 (B) shall be prioritized jointly by officials des15 ignated to do so by the Secretary of Defense and the

16 Administrator; and

17 (C) shall be consistent with the technology plan

18 prepared pursuant to section 243(b)(4) and the re19 quirements identified in section 243(c).

20 (3) The costs of each project pursued under the

21 memorandum of agreement shall be shared equally by the

22 Department of Defense and the National Nuclear Security

23 Administration.

24 (4) The memorandum of agreement shall provide for

25 appropriate peer review of projects pursued under the

26 memorandum of agreement.
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1 (b) EVALUATION OF OTHER COOPERATIVE PRO2 GRAMS AND ACTIVITIES.—The Secretary of Defense shall

3 evaluate the feasibility and advisability of entering into co4 operative programs or activities with other Federal agen5 cies, institutions of higher education, and the private sec6 tor for the purpose of enhancing the programs, projects,

7 and activities of the Department of Defense relating to

8 high energy laser technologies, systems, and weapons.

9 SEC. 247. TECHNOLOGY PLAN.

10 The designated official shall submit to the congres11 sional defense committees by February 15, 2001, the tech12 nology plan prepared pursuant to section 243(b)(4). The

13 report shall be submitted in unclassified and, if necessary,

14 classified form.

15 SEC. 248. ANNUAL REPORT.

16 Not later than February 15 of 2001, 2002, and 2003,

17 the Secretary of Defense shall submit to the congressional

18 defense committees a report on the high energy laser pro19 grams of the Department of Defense. Each report shall

20 include an assessment of the following:

21 (1) The adequacy of the management structure

22 of the Department of Defense for the high energy

23 laser programs.

24 (2) The funding available for the high energy

25 laser programs.
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1 (3) The technical progress achieved for the high

2 energy laser programs.

3 (4) The extent to which goals and objectives of

4 the high energy laser technology plan have been met.

5 SEC. 249. DEFINITION.

6 For purposes of this subtitle, the term ‘‘high energy

7 laser’’ means a laser that has average power in excess of

8 one kilowatt and that has potential weapons applications.

9 SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY

10 PROGRAMS.

11 (a) EVALUATION.—The Secretary of Defense, in con12 sultation with the Deputy Under Secretary of Defense for

13 Science and Technology, shall evaluate expansion of the

14 High Energy Laser management structure specified in

15 section 242 for possible inclusion in that management

16 structure of science and technology programs in related

17 areas, including the following:

18 (1) High power microwave technologies.

19 (2) Low energy and nonlethal laser tech20 nologies.

21 (3) Other directed energy technologies.

22 (b) CONSIDERATION OF PRIOR STUDY.—The evalua23 tion under subsection (a) shall take into consideration the

24 July 1999 Department of Defense study on streamlining

25 and coordinating science and technology and research, de-
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1 velopment, test, and evaluation within the Department of

2 Defense.

3 (c) REPORT.—The Secretary of Defense shall submit

4 to the congressional defense committees a report on the

5 findings of the evaluation under subsection (a). The report

6 shall be submitted not later than March 15, 2001.

7 Subtitle E—Other Matters

8 SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT

9 AND POTENTIAL USE FOR CERTAIN PUR10 POSES OF TECHNOLOGIES ASSOCIATED WITH

11 THAT CONCEPT.

12 (a) REPORT ON MERITS OF MOBILE OFFSHORE

13 BASE CONCEPT.—Not later than March 1, 2001, the Sec14 retary of Defense shall submit to the congressional defense

15 committees a report on the mobile offshore base concept.

16 The report shall include the following:

17 (1) A cost-benefit analysis of the mobile off18 shore base, using operational concepts that would

19 support the National Military Strategy.

20 (2) A recommendation regarding whether to

21 proceed with the mobile offshore base as a program

22 and, if so—

23 (A) a statement regarding which of the

24 Armed Forces is to be designated to have the

25 lead responsibility for the program; and
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1 (B) a schedule for the program.

2 (b) REPORT ON POTENTIAL USE FOR CERTAIN PUR3 POSES OF ASSOCIATED TECHNOLOGIES.—Not later than

4 March 1, 2001, the Secretary of the Navy shall submit

5 to the congressional defense committees a report on the

6 potential use of technologies associated with the mobile

7 offshore base concept. The report shall include an assess8 ment of the potential application and feasibility of using

9 existing technologies, including those technologies associ10 ated with the mobile offshore base concept, to a sea-based

11 landing platform for support of naval aviation training.

12 SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLAN13 NING.

14 (a) REQUIREMENT FOR REVIEW.—The Secretary of

15 the Air Force shall conduct a review of the long-term chal16 lenges and short-term objectives of the Air Force science

17 and technology programs. The Secretary shall complete

18 the review not later than one year after the date of the

19 enactment of this Act.

20 (b) MATTERS TO BE REVIEWED.—The review shall

21 include the following:

22 (1) An assessment of the budgetary resources

23 that are being used for fiscal year 2001 for address24 ing the long-term challenges and the short-term ob-
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1 jectives of the Air Force science and technology pro2 grams.

3 (2) The budgetary resources that are necessary

4 to address those challenges and objectives ade5 quately.

6 (3) A course of action for each projected or on7 going Air Force science and technology program

8 that does not address either the long-term challenges

9 or the short-term objectives.

10 (4) The matters required under subsection

11 (c)(5) and (d)(6).

12 (c) LONG-TERM CHALLENGES.—(1) The Secretary of

13 the Air Force shall establish an integrated product team

14 to identify high-risk, high-payoff challenges that will pro15 vide a long-term focus and motivation for the Air Force

16 science and technology programs over the next 20 to 50

17 years following the enactment of this Act. The integrated

18 product team shall include representatives of the Office

19 of Scientific Research and personnel from the Air Force

20 Research Laboratory.

21 (2) The team shall solicit views from the entire Air

22 Force science and technology community on the matters

23 under consideration by the team.

24 (3) The team—
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1 (A) shall select for consideration science and

2 technology challenges that involve—

3 (i) compelling requirements of the Air

4 Force;

5 (ii) high-risk, high-payoff areas of explo6 ration; and

7 (iii) very difficult, but probably achievable,

8 results; and

9 (B) should not select a linear extension of any

10 ongoing Air Force science and technology program

11 for consideration as a science and technology chal12 lenge under subparagraph (A).

13 (4) The Deputy Assistant Secretary of the Air Force

14 for Science, Technology, and Engineering shall designate

15 a technical coordinator and a management coordinator for

16 each science and technology challenge identified pursuant

17 to this subsection. Each technical coordinator shall have

18 sufficient expertise in fields related to the challenge to be

19 able to identify other experts in such fields and to affirm

20 the credibility of the challenge. The coordinator for a

21 science and technology challenge shall conduct workshops

22 within the relevant scientific and technological community

23 to obtain suggestions for possible approaches to address24 ing the challenge and to identify ongoing work that ad-
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1 dresses the challenge, deficiencies in current work relating

2 to the challenge, and promising areas of research.

3 (5) In carrying out subsection (a), the Secretary of

4 the Air Force shall review the science and technology chal5 lenges identified pursuant to this subsection and, for each

6 such challenge, at a minimum—

7 (A) consider the results of the workshops con8 ducted pursuant to paragraph (4); and

9 (B) identify any work not currently funded by

10 the Air Force that should be performed to meet the

11 challenge.

12 (d) SHORT-TERM OBJECTIVES.—(1) The Secretary

13 of the Air Force shall establish a task force to identify

14 short-term technological objectives of the Air Force

15 science and technology programs. The task force shall be

16 chaired by the Deputy Assistant Secretary of the Air

17 Force for Science, Technology, and Engineering and shall

18 include representatives of the Chief of Staff of the Air

19 Force and the specified combatant commands of the Air

20 Force.

21 (2) The task force shall solicit views from the entire

22 Air Force requirements community, user community, and

23 acquisition community.

24 (3) The task force shall select for consideration short25 term objectives that involve—
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1 (A) compelling requirements of the Air Force;

2 (B) support in the user community; and

3 (C) likely attainment of the desired benefits

4 within a five-year period.

5 (4) The Deputy Assistant Secretary of the Air Force

6 for Science, Technology, and Engineering shall establish

7 an integrated product team for each short-term objective

8 identified pursuant to this subsection. Each integrated

9 product team shall include representatives of the require10 ments community, the user community, and the science

11 and technology community with relevant expertise.

12 (5) The integrated product team for a short-term ob13 jective shall be responsible for—

14 (A) identifying, defining, and prioritizing the

15 enabling capabilities that are necessary for achieving

16 the objective;

17 (B) identifying deficiencies in the enabling ca18 pabilities that must be addressed if the short-term

19 objective is to be achieved; and

20 (C) working with the Air Force science and

21 technology community to identify science and tech22 nology projects and programs that should be under23 taken to eliminate each deficiency in an enabling ca24 pability.
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1 (6) In carrying out subsection (a), the Secretary of

2 the Air Force shall review the short-term science and tech3 nology objectives identified pursuant to this subsection

4 and, for each such objective, at a minimum—

5 (A) consider the work of the integrated product

6 team conducted pursuant to paragraph (5); and

7 (B) identify the science and technology work of

8 the Air Force that should be undertaken to elimi9 nate each deficiency in enabling capabilities that is

10 identified by the integrated product team pursuant

11 to subparagraph (B) of that paragraph.

12 (e) COMPTROLLER GENERAL REVIEW.—(1) Not later

13 than 90 days after the Secretary of the Air Force com14 pletes the review required by subsection (a), the Comp15 troller General shall submit to Congress a report on the

16 results of the review. The report shall include the Comp17 troller General’s assessment regarding the extent to which

18 the review was conducted in compliance with the require19 ments of this section.

20 (2) Immediately upon completing the review required

21 by subsection (a), the Secretary of Defense shall notify

22 the Comptroller General of the completion of the review.

23 For the purposes of paragraph (1), the date of the notifi24 cation shall be considered the date of the completion of

25 the review.
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1 SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING

2 EDUCATION PARTNERSHIPS FOR PURPOSES

3 OF ENCOURAGING SCIENTIFIC STUDY.

4 (a) ASSISTANCE IN SUPPORT OF PARTNERSHIPS.—

5 Subsection (b) of section 2194 of title 10, United States

6 Code, is amended—

7 (1) in the matter preceding paragraph (1), by

8 inserting ‘‘, and is encouraged to provide,’’ after

9 ‘‘may provide’’;

10 (2) in paragraph (1), by inserting before the

11 semicolon the following: ‘‘for any purpose and dura12 tion in support of such agreement that the director

13 considers appropriate’’; and

14 (3) by striking paragraph (2) and inserting the

15 following new paragraph (2):

16 ‘‘(2) notwithstanding the provisions of the Fed17 eral Property and Administrative Services Act of

18 1949 (40 U.S.C. 471 et seq.) or any provision of law

19 or regulation relating to transfers of surplus prop20 erty, transferring to the institution any computer

21 equipment, or other scientific equipment, that is—

22 ‘‘(A) commonly used by educational insti23 tutions;

24 ‘‘(B) surplus to the needs of the defense

25 laboratory; and
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1 ‘‘(C) determined by the director to be ap2 propriate for support of such agreement;’’.

3 (b) DEFENSE LABORATORY DEFINED.—Subsection

4 (e) of that section is amended to read as follows:

5 ‘‘(e) In this section:

6 ‘‘(1) The term ‘defense laboratory’ means any

7 laboratory, product center, test center, depot, train8 ing and educational organization, or operational

9 command under the jurisdiction of the Department

10 of Defense.

11 ‘‘(2) The term ‘local educational agency’ has

12 the meaning given such term in section 14101 of the

13 Elementary and Secondary Education Act of 1965

14 (20 U.S.C. 8801).’’.

15 SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRU16 MENTAL TO NAVAL RESEARCH EFFORTS

17 DURING THE PERIOD FROM BEFORE WORLD

18 WAR II THROUGH THE END OF THE COLD

19 WAR.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) The contributions of the Nation’s scientific

23 community and of science research to the victory of

24 the United States and its allies in World War II re25 sulted in the understanding that science and tech-
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1 nology are of critical importance to the future secu2 rity of the Nation.

3 (2) Academic institutions and oceanographers

4 provided vital support to the Navy and the Marine

5 Corps during World War II.

6 (3) Congress created the Office of Naval Re7 search in the Department of the Navy in 1946 to

8 ensure the availability of resources for research in

9 oceanography and other fields related to the mis10 sions of the Navy and Marine Corps.

11 (4) The Office of Naval Research of the De12 partment of the Navy, in addition to its support of

13 naval research within the Federal Government, has

14 also supported the conduct of oceanographic and sci15 entific research through partnerships with edu16 cational and scientific institutions throughout the

17 Nation.

18 (5) These partnerships have long been recog19 nized as among the most innovative and productive

20 research partnerships ever established by the Fed21 eral Government and have resulted in a vast im22 provement in understanding of basic ocean processes

23 and the development of new technologies critical to

24 the security and defense of the Nation.
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1 (b) CONGRESSIONAL RECOGNITION AND APPRECIA2 TION.—Congress—

3 (1) applauds the commitment and dedication of

4 the officers, scientists, researchers, students, and ad5 ministrators who were instrumental to the program

6 of partnerships for oceanographic and scientific re7 search between the Federal Government and aca8 demic institutions, including those individuals who

9 helped forge that program before World War II, im10 plement it during World War II, and improve it

11 throughout the Cold War;

12 (2) recognizes that the Nation, in ultimately

13 prevailing in the Cold War, relied to a significant ex14 tent on research supported by, and technologies de15 veloped through, those partnerships and, in par16 ticular, on the superior understanding of the ocean

17 environment generated through that research;

18 (3) supports efforts by the Secretary of the

19 Navy and the Chief of Naval Research to honor

20 those individuals, who contributed so greatly and un21 selfishly to the naval mission and the national de22 fense, through those partnerships during the period

23 beginning before World War II and continuing

24 through the end of the Cold War; and
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1 (4) expresses appreciation for the ongoing ef2 forts of the Office of Naval Research to support

3 oceanographic and scientific research and the devel4 opment of researchers in those fields, to ensure that

5 such partnerships will continue to make important

6 contributions to the defense and the general welfare

7 of the Nation.

8 TITLE III—OPERATION AND

9 MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Joint warfighting capabilities assessment teams.

Subtitle B—Environmental Provisions

Sec. 311. Establishment of additional environmental restoration account and

use of accounts for operation and monitoring of environmental

remedies.

Sec. 312. Certain environmental restoration activities.

Sec. 313. Annual reports under Strategic Environmental Research and Development Program.

Sec. 314. Payment of fines and penalties for environmental compliance at Fort

Wainwright, Alaska.

Sec. 315. Payment of fines or penalties imposed for environmental compliance

violations at other Department of Defense facilities.

Sec. 316. Reimbursement for certain costs in connection with the former

Nansemond Ordnance Depot Site, Suffolk, Virginia.

Sec. 317. Necessity of military low-level flight training to protect national security and enhance military readiness.

Sec. 318. Ship disposal project.

Sec. 319. Defense Environmental Security Corporate Information Management

Program.

Sec. 320. Report on Plasma Energy Pyrolysis System.

Sec. 321. Sense of Congress regarding environmental restoration of former defense manufacturing site, Santa Clarita, California.

Subtitle C—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 331. Use of appropriated funds to cover operating expenses of commissary

stores.
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Sec. 332. Adjustment of sales prices of commissary store goods and services to

cover certain expenses.

Sec. 333. Use of surcharges for construction and improvement of commissary

stores.

Sec. 334. Inclusion of magazines and other periodicals as an authorized commissary merchandise category.

Sec. 335. Use of most economical distribution method for distilled spirits.

Sec. 336. Report on effects of availability of slot machines on United States

military installations overseas.

Subtitle D—Department of Defense Industrial Facilities

Sec. 341. Designation of Centers of Industrial and Technical Excellence and

public-private partnerships to increase utilization of such centers.

Sec. 342. Unutilized and underutilized plant-capacity costs of United States arsenals.

Sec. 343. Arsenal support program initiative.

Sec. 344. Codification and improvement of armament retooling and manufacturing support programs.

Subtitle E—Performance of Functions by Private-Sector

Sources

Sec. 351. Inclusion of additional information in reports to Congress required

before conversion of commercial or industrial type functions to

contractor performance.

Sec. 352 Effects of outsourcing on overhead costs of Centers of Industrial and

Technical Excellence and Army ammunition plants.

Sec. 353. Consolidation, restructuring, or reengineering of Department of Defense organizations, functions, or activities.

Sec. 354. Monitoring of savings resulting from workforce reductions as part of

conversion of functions to performance by private sector or

other strategic sourcing initiatives.

Sec. 355. Performance of emergency response functions at chemical weapons

storage installations.

Sec. 356. Suspension of reorganization or relocation of Naval Audit Service.

Subtitle F—Defense Dependents Education

Sec. 361. Eligibility of dependents of American Red Cross employees for enrollment in Department of Defense domestic dependent schools in

Puerto Rico.

Sec. 362. Assistance to local educational agencies that benefit dependents of

members of the Armed Forces and Department of Defense civilian employees.

Sec. 363. Impact aid for children with severe disabilities.

Sec. 364. Assistance for maintenance, repair, and renovation of school facilities

that serve dependents of members of the Armed Forces and

Department of Defense civilian employees.

Subtitle G—Military Readiness Issues

Sec. 371. Measuring cannibalization of parts, supplies, and equipment under

readiness reporting system.

Sec. 372. Reporting requirements regarding transfers from high-priority readiness appropriations.
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Sec. 373. Effects of worldwide contingency operations on readiness of military

aircraft and equipment.

Sec. 374. Identification of requirements to reduce backlog in maintenance and

repair of defense facilities.

Sec. 375. New methodology for preparing budget requests to satisfy Army readiness requirements.

Sec. 376. Review of AH–64 aircraft program.

Sec. 377. Report on Air Force spare and repair parts program for C–5 aircraft.

Subtitle H—Other Matters

Sec. 381. Annual report on public sale of certain military equipment identified

on United States Munitions List.

Sec. 382. Resale of armor-piercing ammunition disposed of by the Army.

Sec. 383. Reimbursement by civil air carriers for support provided at Johnston

Atoll.

Sec. 384. Travel by Reserves on military aircraft.

Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft.

Sec. 386. Additions to plan for ensuring visibility over all in-transit end items

and secondary items.

Sec. 387. Reauthorization of pilot program for acceptance and use of landing

fees charged for use of domestic military airfields by civil aircraft.

Sec. 388. Extension of authority to sell certain aircraft for use in wildfire suppression.

Sec. 389. Damage to aviation facilities caused by alkali silica reactivity.

Sec. 390. Demonstration project to increase reserve component internet access

and services in rural communities.

Sec. 391. Additional conditions on implementation of Defense Joint Accounting

System.

Sec. 392. Report on Defense Travel System.

Sec. 393. Review of Department of Defense costs of maintaining historical

properties.

1 Subtitle A—Authorization of

2 Appropriations

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2001 for the use of the Armed Forces and other

6 activities and agencies of the Department of Defense for

7 expenses, not otherwise provided for, for operation and

8 maintenance, in amounts as follows:

9 (1) For the Army, $19,280,381,000.

10 (2) For the Navy, $23,766,610,000.
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1 (3) For the Marine Corps, $2,826,291,000.

2 (4) For the Air Force, $22,395,221,000.

3 (5) For Defense-wide activities,

4 $11,740,569,000.

5 (6) For the Army Reserve, $1,561,418,000.

6 (7) For the Naval Reserve, $978,946,000.

7 (8) For the Marine Corps Reserve,

8 $144,159,000.

9 (9) For the Air Force Reserve, $1,903,859,000.

10 (10) For the Army National Guard,

11 $3,233,835,000.

12 (11) For the Air National Guard,

13 $3,468,375,000.

14 (12) For the Defense Inspector General,

15 $144,245,000.

16 (13) For the United States Court of Appeals

17 for the Armed Forces, $8,574,000.

18 (14) For Environmental Restoration, Army,

19 $389,932,000.

20 (15) For Environmental Restoration, Navy,

21 $294,038,000.

22 (16) For Environmental Restoration, Air Force,

23 $376,300,000.

24 (17) For Environmental Restoration, Defense25 wide, $21,412,000.
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1 (18) For Environmental Restoration, Formerly

2 Used Defense Sites, $231,499,000.

3 (19) For Overseas Humanitarian, Disaster, and

4 Civic Aid programs, $55,900,000.

5 (20) For Drug Interdiction and Counter-drug

6 Activities, Defense-wide, $869,000,000.

7 (21) For the Kaho’olawe Island Conveyance,

8 Remediation, and Environmental Restoration Trust

9 Fund, $25,000,000.

10 (22) For Defense Health Program,

11 $11,480,123,000.

12 (23) For Cooperative Threat Reduction pro13 grams, $443,400,000.

14 (24) For Overseas Contingency Operations

15 Transfer Fund, $4,100,577,000.

16 (25) For Quality of Life Enhancements, De17 fense-Wide, $10,500,000.

18 SEC. 302. WORKING CAPITAL FUNDS.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2001 for the use of the Armed Forces and other

21 activities and agencies of the Department of Defense for

22 providing capital for working capital and revolving funds

23 in amounts as follows:

24 (1) For the Defense Working Capital Funds,

25 $916,276,000.
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1 (2) For the National Defense Sealift Fund,

2 $388,158,000.

3 SEC. 303. ARMED FORCES RETIREMENT HOME.

4 There is hereby authorized to be appropriated for fis5 cal year 2001 from the Armed Forces Retirement Home

6 Trust Fund the sum of $69,832,000 for the operation of

7 the Armed Forces Retirement Home, including the United

8 States Soldiers’ and Airmen’s Home and the Naval Home.

9 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCK10 PILE TRANSACTION FUND.

11 (a) TRANSFER AUTHORITY.—To the extent provided

12 in appropriations Acts, not more than $150,000,000 is au13 thorized to be transferred from the National Defense

14 Stockpile Transaction Fund to operation and maintenance

15 accounts for fiscal year 2001 in amounts as follows:

16 (1) For the Army, $50,000,000.

17 (2) For the Navy, $50,000,000.

18 (3) For the Air Force, $50,000,000.

19 (b) TREATMENT OF TRANSFERS.—Amounts trans20 ferred under this section—

21 (1) shall be merged with, and be available for

22 the same purposes and the same period as, the

23 amounts in the accounts to which transferred; and
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1 (2) may not be expended for an item that has

2 been denied authorization of appropriations by Con3 gress.

4 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR5 ITY.—The transfer authority provided in this section is in

6 addition to the transfer authority provided in section

7 1001.

8 SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT

9 TEAMS.

10 Of the total amount authorized to be appropriated

11 under section 301(5) for operation and maintenance for

12 Defense-wide activities for the Joint Staff, $4,000,000 is

13 available only for the improvement of the performance of

14 analyses by the joint warfighting capabilities assessment

15 teams of the Joint Requirements Oversight Council.

16 Subtitle B—Environmental

17 Provisions

18 SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRON19 MENTAL RESTORATION ACCOUNT AND USE

20 OF ACCOUNTS FOR OPERATION AND MONI21 TORING OF ENVIRONMENTAL REMEDIES.

22 (a) ACCOUNT FOR FORMERLY USED DEFENSE

23 SITES.—Subsection (a) of section 2703 of title 10, United

24 States Code, is amended by adding at the end the fol25 lowing new paragraph:
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1 ‘‘(5) An account to be known as the ‘Environ2 mental Restoration Account, Formerly Used Defense

3 Sites’.’’.

4 (b) OPERATION AND MONITORING OF ENVIRON5 MENTAL REMEDIES.—Such section is further amended by

6 adding at the end the following new subsection:

7 ‘‘(f) SOLE SOURCE OF FUNDS FOR OPERATION AND

8 MONITORING OF ENVIRONMENTAL REMEDIES.—(1) The

9 sole source of funds for all phases of an environmental

10 remedy at a site under the jurisdiction of the Department

11 of Defense or a formerly used defense site shall be the

12 applicable environmental restoration account established

13 under subsection (a).

14 ‘‘(2) In this subsection, the term ‘environmental rem15 edy’ has the meaning given the term ‘remedy’ in section

16 101 of CERCLA (42 U.S.C. 9601).’’.

17 SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION AC18 TIVITIES.

19 Subsection (b) of section 2703 of title 10, United

20 States Code, is amended to read as follows:

21 ‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—(1)

22 Funds authorized for deposit in an account under sub23 section (a) may be obligated or expended from the account

24 only—
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1 ‘‘(A) to carry out the environmental restoration

2 functions of the Secretary of Defense and the Secre3 taries of the military departments under this chapter

4 and under any other provision of law; and

5 ‘‘(B) to pay for the costs of permanently relo6 cating a facility because of a release or threatened

7 release of hazardous substances, pollutants, or con8 taminants from—

9 ‘‘(i) real property on which the facility is

10 located and that is currently under the jurisdic11 tion of the Secretary of Defense or the Sec12 retary of a military department; or

13 ‘‘(ii) real property on which the facility is

14 located and that was under the jurisdiction of

15 the Secretary of Defense or the Secretary of a

16 military department at the time of the actions

17 leading to the release or threatened release.

18 ‘‘(2) The authority provided by paragraph (1)(B) ex19 pires September 30, 2003. The Secretary of Defense or

20 the Secretary of a military department may not pay the

21 costs of permanently relocating a facility under such para22 graph unless the Secretary—

23 ‘‘(A) determines that permanent relocation—

24 ‘‘(i) is the most cost effective method of re25 sponding to the release or threatened release of
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1 hazardous substances, pollutants, or contami2 nants from the real property on which the facil3 ity is located;

4 ‘‘(ii) has the approval of relevant regu5 latory agencies; and

6 ‘‘(iii) is supported by the affected commu7 nity; and

8 ‘‘(B) submits to Congress written notice of the

9 determination before undertaking the permanent re10 location of the facility, including a description of the

11 response action taken or to be taken in connection

12 with the permanent relocation and a statement of

13 the costs incurred or to be incurred in connection

14 with the permanent relocation.

15 ‘‘(3) If relocation costs are to be paid under para16 graph (1)(B) with respect to a facility located on real

17 property described in clause (ii) of such paragraph, the

18 Secretary of Defense or the Secretary of the military de19 partment concerned may use only fund transfer mecha20 nisms otherwise available to the Secretary.

21 ‘‘(4) Funds authorized for deposit in an account

22 under subsection (a) shall remain available until expended.

23 Not more than 5 percent of the funds deposited in an ac24 count under subsection (a) for a fiscal year may be used

25 to pay relocation costs under paragraph (1)(B).’’.
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1 SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRON2 MENTAL RESEARCH AND DEVELOPMENT

3 PROGRAM.

4 (a) REPEAL OF REQUIREMENT FOR ANNUAL RE5 PORT FROM SCIENTIFIC ADVISORY BOARD.—Section

6 2904 of title 10, United States Code, is amended—

7 (1) by striking subsection (h); and

8 (2) by redesignating subsection (i) as subsection

9 (h).

10 (b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL

11 REPORTS OF COUNCIL.—Section 2902(d)(3) of such title

12 is amended by adding at the end the following new sub13 paragraph:

14 ‘‘(D) A summary of the actions of the

15 Strategic Environmental Research and Develop16 ment Program Scientific Advisory Board during

17 the year preceding the year in which the report

18 is submitted and any recommendations, includ19 ing recommendations on program direction and

20 legislation, that the Advisory Board considers

21 appropriate regarding the program.’’.

22 SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVI23 RONMENTAL COMPLIANCE AT FORT WAIN24 WRIGHT, ALASKA.

25 The Secretary of Defense, or the Secretary of the

26 Army, may pay, as part of a settlement of liability, a fine
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1 or penalty of not more than $2,000,000 for matters ad2 dressed in the Notice of Violation issued on March 5,

3 1999, by the Administrator of the Environmental Protec4 tion Agency to Fort Wainwright, Alaska.

5 SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR

6 ENVIRONMENTAL COMPLIANCE VIOLATIONS

7 AT OTHER DEPARTMENT OF DEFENSE FA8 CILITIES.

9 (a) ARMY VIOLATIONS.—Using amounts authorized

10 to be appropriated by section 301(1) for operation and

11 maintenance for the Army, the Secretary of the Army may

12 pay the following amounts in connection with environ13 mental compliance violations at the following locations:

14 (1) $993,000 for a supplemental environmental

15 project to implement an installation-wide hazardous

16 substance management system at Walter Reed Army

17 Medical Center, Washington, District of Columbia,

18 in satisfaction of a fine imposed by Environmental

19 Protection Agency Region 3 under the Solid Waste

20 Disposal Act (42 U.S.C. 6901 et seq.).

21 (2) $377,250 for a supplemental environmental

22 project to install new parts washers at Fort Camp23 bell, Kentucky, in satisfaction of a fine imposed by

24 Environmental Protection Agency Region 4 under

25 the Solid Waste Disposal Act.
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1 (3) $20,701 for a supplemental environmental

2 project to upgrade the wastewater treatment plant

3 at Fort Gordon, Georgia, in satisfaction of a fine

4 imposed by the State of Georgia under the Solid

5 Waste Disposal Act.

6 (4) $78,500 for supplemental environmental

7 projects to reduce the generation of hazardous waste

8 at Pueblo Chemical Depot, Colorado, in satisfaction

9 of a fine imposed by the State of Colorado under the

10 Solid Waste Disposal Act.

11 (5) $20,000 for a supplemental environmental

12 project to repair cracks in floors of igloos used to

13 store munitions hazardous waste at Deseret Chem14 ical Depot, Utah, in satisfaction of a fine imposed

15 by the State of Utah under the Solid Waste Disposal

16 Act.

17 (6) $7,975 for payment to the Texas Natural

18 Resource Conservation Commission of a cash pen19 alty for permit violations assessed with respect to

20 Fort Sam Houston, Texas, under the Solid Waste

21 Disposal Act.

22 (b) NAVY VIOLATIONS.—Using amounts authorized

23 to be appropriated by section 301(2) for operation and

24 maintenance for the Navy, the Secretary of the Navy may
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1 pay the following amounts in connection with environ2 mental compliance violations at the following locations:

3 (1) $108,800 for payment to the West Virginia

4 Division of Environmental Protection of a cash pen5 alty with respect to Allegany Ballistics Laboratory,

6 West Virginia, under the Solid Waste Disposal Act.

7 (2) $5,000 for payment to Environmental Pro8 tection Agency Region 6 of a cash penalty with re9 spect to Naval Air Station, Corpus Christi, Texas,

10 under the Clean Air Act (42 U.S.C. 7401).

11 (3) $1,650 for payment to Environmental Pro12 tection Agency Region 3 of a cash penalty with re13 spect to Marine Corps Combat Development Com14 mand, Quantico, Virginia, under the Clean Air Act.

15 SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CON16 NECTION WITH THE FORMER NANSEMOND

17 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA.

18 (a) AUTHORITY.—The Secretary of Defense may pay,

19 using funds described in subsection (b), not more than

20 $98,210 to the Former Nansemond Ordnance Depot Site

21 Special Account within the Hazardous Substance Super22 fund established by section 9507 of the Internal Revenue

23 Code of 1986 (26 U.S.C. 9507) to reimburse the Environ24 mental Protection Agency for costs incurred by the agency

25 in overseeing a time critical removal action under
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1 CERCLA being performed by the Department of Defense

2 under the Defense Environmental Restoration Program

3 for ordnance and explosive safety hazards at the Former

4 Nansemond Ordnance Depot Site, Suffolk, Virginia, pur5 suant to an Interagency Agreement entered into by the

6 Department of the Army and the Environmental Protec7 tion Agency on January 3, 2000.

8 (b) SOURCE OF FUNDS.—Any payment under sub9 section (a) shall be made using amounts authorized to be

10 appropriated by section 301 to the Environmental Res11 toration Account, Formerly Used Defense Sites, estab12 lished by paragraph (5) of section 2703(a) of title 10,

13 United States Code, as added by section 311(a) of this

14 Act.

15 (c) DEFINITIONS.—In this section:

16 (1) The term ‘‘CERCLA’’ means the Com17 prehensive Environmental Response, Compensation,

18 and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

19 (2) The term ‘‘Defense Environmental Restora20 tion Program’’ means the program of environmental

21 restoration carried out under chapter 160 of title 10,

22 United States Code.
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1 SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT

2 TRAINING TO PROTECT NATIONAL SECURITY

3 AND ENHANCE MILITARY READINESS.

4 Nothing in the National Environmental Policy Act of

5 1969 (42 U.S.C. 4321 et seq.) or the regulations imple6 menting such law shall require the Secretary of Defense

7 or the Secretary of a military department to prepare a

8 programmatic, nation-wide environmental impact state9 ment for low-level flight training as a precondition to the

10 use by the Armed Forces of an airspace for the perform11 ance of low-level training flights.

12 SEC. 318. SHIP DISPOSAL PROJECT.

13 (a) CONTINUATION OF PROJECT; PURPOSE.—During

14 fiscal year 2001, the Secretary of the Navy shall continue

15 to carry out the ship disposal project within the United

16 States to permit the Secretary to assemble appropriate

17 data on the cost of scrapping naval vessels.

18 (b) USE OF COMPETITIVE PROCEDURES.—The Sec19 retary shall use competitive procedures to award all task

20 orders under the primary contracts under the ship dis21 posal project.

22 (c) REPORT.—Not later than December 31, 2000, the

23 Secretary shall submit to the congressional defense com24 mittees a report on the ship disposal project. The report

25 shall contain the following:
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1 (1) A description of the competitive procedures

2 used for the solicitation and award of all task orders

3 under the project.

4 (2) A description of the task orders awarded

5 under the project.

6 (3) An assessment of the results of the project

7 as of the date of the report, including the perform8 ance of contractors under the project.

9 (4) The proposed strategy of the Navy for fu10 ture procurement of ship scrapping activities.

11 SEC. 319. DEFENSE ENVIRONMENTAL SECURITY COR12 PORATE INFORMATION MANAGEMENT PRO13 GRAM.

14 (a) MANAGEMENT AND OVERSIGHT OF PROGRAM.—

15 The Chief Information Officer of the Department of De16 fense shall ensure that management and oversight of the

17 Defense Environmental Security Corporate Information

18 Management Program is consistent with the requirements

19 of the Clinger-Cohen Act of 1996 (divisions D and E of

20 Public Law 104–106), section 2223 of title 10, United

21 States Code, Department of Defense Directives 5000.1,

22 5000.2-R, and 5137.1, and all other laws, directives, regu23 lations, and management controls applicable to investment

24 in information technology and related services.
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1 (b) PROGRAM REPORT REQUIRED.—Not later than

2 60 days after the date of the enactment of this Act, the

3 Secretary of Defense shall submit to the congressional de4 fense committees a report on the Defense Environmental

5 Security Corporate Information Management Program.

6 (c) MISSION.—The report shall include a mission

7 statement and strategic objectives for the Defense Envi8 ronmental Security Corporate Information Management

9 Program, including the recommendations of the Secretary

10 for the future mission and objectives of the Program.

11 (d) PERSONNEL, ORGANIZATION, AND OVERSIGHT.—

12 The report shall include—

13 (1) the personnel requirements and organiza14 tional structure of the Defense Environmental Secu15 rity Corporate Information Management Program to

16 carry out the mission statement; and

17 (2) a discussion of—

18 (A) the means by which the Program will

19 ensure program accountability, including ac20 countability for all past, current, and future ac21 tivities funded under the Program; and

22 (B) the role of the Chief Information Offi23 cer of the Department of Defense in ensuring

24 program accountability as required by sub25 section (a).
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1 (e) PROGRAM ACTIVITIES.—The report shall include

2 a discussion of the means by which the Defense Environ3 mental Security Corporate Information Management Pro4 gram will address or provide—

5 (1) information access procedures that keep

6 pace with current and evolving requirements for in7 formation access;

8 (2) data standardization and systems integra9 tion;

10 (3) product failures and cost-effective results;

11 (4) user confidence and utilization; and

12 (5) program continuity.

13 SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYS14 TEM.

15 (a) REPORT REQUIRED.—Not later than February 1,

16 2001, the Secretary of the Army shall submit to the con17 gressional defense committees a report on the Plasma En18 ergy Pyrolysis System.

19 (b) REPORT ELEMENTS.—The report on the Plasma

20 Energy Pyrolysis System shall include the following:

21 (1) An analysis of available information and

22 data on the fixed-transportable unit demonstration

23 phase of the System and on the mobile unit dem24 onstration phase of the System.
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1 (2) Recommendations regarding future applica2 tions for each phase of the System described in

3 paragraph (1).

4 (3) A statement of the projected funding for

5 such future applications.

6 SEC. 321. SENSE OF CONGRESS REGARDING ENVIRON7 MENTAL RESTORATION OF FORMER DE8 FENSE MANUFACTURING SITE, SANTA

9 CLARITA, CALIFORNIA.

10 It is the sense of the Congress that—

11 (1) there exists a 1,000-acre former defense

12 manufacturing site in Santa Clarita, California

13 (known as the ‘‘Santa Clarita site’’), that could be

14 environmentally restored to serve a future role in the

15 community, and every effort should be made to

16 apply all known public and private sector innovative

17 technologies to restore the Santa Clarita site to pro18 ductive use for the benefit of the community; and

19 (2) the experience gained from environmental

20 restoration at the Santa Clarita site by private and

21 public sector partnerships has the potential to ben22 efit not only the community of Santa Clarita, but all

23 sites in need of environmental restoration.
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1 Subtitle C—Commissaries and Non2 appropriated Fund Instrumen3 talities

4 SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPER5 ATING EXPENSES OF COMMISSARY STORES.

6 (a) IN GENERAL.—(1) Section 2484 of title 10,

7 United States Code, is amended to read as follows:

8 ‘‘§ 2484. Commissary stores: use of appropriated

9 funds to cover operating expenses

10 ‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except

11 as otherwise provided in this title, the operation of the

12 Defense Commissary Agency and the defense commissary

13 system may be funded using such amounts as are appro14 priated for such purpose.

15 ‘‘(b) OPERATING EXPENSES OF COMMISSARY

16 STORES.—Appropriated funds may be used to cover the

17 expenses of operating commissary stores and central prod18 uct processing facilities of the defense commissary system.

19 For purposes of this subsection, operating expenses in20 clude the following:

21 ‘‘(1) Salaries and wages of employees of the

22 United States, host nations, and contractors sup23 porting commissary store operations.

24 ‘‘(2) Utilities.

25 ‘‘(3) Communications.
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1 ‘‘(4) Operating supplies and services.

2 ‘‘(5) Second destination transportation costs

3 within or outside the United States.

4 ‘‘(6) Any cost associated with above-store-level

5 management or other indirect support of a com6 missary store or a central product processing facil7 ity, including equipment maintenance and informa8 tion technology costs.’’.

9 (2) The table of sections at the beginning of chapter

10 147 of such title is amended by striking the item relating

11 to section 2484 and inserting the following new item:

‘‘2484. Commissary stores: use of appropriated funds to cover operating expenses.’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on October 1, 2001.

14 SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY

15 STORE GOODS AND SERVICES TO COVER

16 CERTAIN EXPENSES.

17 (a) ADJUSTMENT REQUIRED.—Section 2486 of title

18 10, United States Code, is amended—

19 (1) in subsection (c), by striking ‘‘section

20 2484(b) or’’ and inserting ‘‘subsection (d) or sec21 tion’’; and

22 (2) in subsection (d)—

23 (A) in paragraph (1), by striking ‘‘sections

24 2484 and’’ and inserting ‘‘section’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(3) The sales price of merchandise and services sold

4 in, at, or by commissary stores shall be adjusted to cover

5 the following:

6 ‘‘(A) The cost of first destination commercial

7 transportation of the merchandise in the United

8 States to the place of sale.

9 ‘‘(B) The actual or estimated cost of shrinkage,

10 spoilage, and pilferage of merchandise under the

11 control of commissary stores.’’.

12 (b) EFFECTIVE DATE.—The amendments made by

13 this section shall take effect on October 1, 2001.

14 SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND

15 IMPROVEMENT OF COMMISSARY STORES.

16 (a) EXPANSION OF AUTHORIZED USES.—Subsection

17 (b) of section 2685 of title 10, United States Code, is

18 amended to read as follows:

19 ‘‘(b) USE FOR CONSTRUCTION, REPAIR, IMPROVE20 MENT, AND MAINTENANCE.—(1) The Secretary of De21 fense may use the proceeds from the adjustments or sur22 charges authorized by subsection (a) only—

23 ‘‘(A) to acquire (including acquisition by lease),

24 construct, convert, expand, improve, repair, main25 tain, and equip the physical infrastructure of com-
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1 missary stores and central product processing facili2 ties of the defense commissary system; and

3 ‘‘(B) to cover environmental evaluation and

4 construction costs related to activities described in

5 paragraph (1), including costs for surveys, adminis6 tration, overhead, planning, and design.

7 ‘‘(2) In paragraph (1), the term ‘physical infrastruc8 ture’ includes real property, utilities, and equipment (in9 stalled and free standing and including computer equip10 ment), necessary to provide a complete and usable com11 missary store or central product processing facility.’’.

12 (b) AUTHORITY OF SECRETARY OF DEFENSE.—Such

13 section is further amended—

14 (1) in subsection (a), by striking ‘‘Secretary of

15 a military department, under regulations established

16 by him and approved by the Secretary of Defense,’’

17 and inserting ‘‘Secretary of Defense’’;

18 (2) in subsection (c)—

19 (A) by striking ‘‘Secretary of a military de20 partment, with the approval of the Secretary of

21 Defense and’’ and inserting ‘‘Secretary of De22 fense, with the approval of’’; and

23 (B) by striking ‘‘Secretary of the military

24 department determines’’ and inserting ‘‘Sec25 retary determines’’; and
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1 (3) in subsection (d)(1), by striking ‘‘Secretary

2 of a military department’’ and inserting ‘‘Secretary

3 of Defense’’.

4 (c) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall take effect on October 1, 2001.

6 SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODI7 CALS AS AN AUTHORIZED COMMISSARY MER8 CHANDISE CATEGORY.

9 (a) ADDITIONAL AUTHORIZED CATEGORY.—Sub10 section (b) of section 2486 of title 10, United States Code,

11 is amended—

12 (1) by redesignating paragraph (11) as para13 graph (12); and

14 (2) by inserting after paragraph (10) the fol15 lowing new paragraph:

16 ‘‘(11) Magazines and other periodicals.’’.

17 (b) CONFORMING AMENDMENTS.—Subsection (f) of

18 such section is amended—

19 (1) by striking ‘‘(1)’’ before ‘‘Notwithstanding’’;

20 (2) by striking ‘‘items in the merchandise cat21 egories specified in paragraph (2)’’ and inserting

22 ‘‘tobacco products’’; and

23 (3) by striking paragraph (2).
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1 SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METH2 OD FOR DISTILLED SPIRITS.

3 Section 2488(c) of title 10, United States Code, is

4 amended—

5 (1) by striking paragraph (2); and

6 (2) by redesignating paragraph (3) as para7 graph (2).

8 SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT

9 MACHINES ON UNITED STATES MILITARY IN10 STALLATIONS OVERSEAS.

11 (a) REPORT REQUIRED.—Not later than March 31,

12 2001, the Secretary of Defense shall submit to Congress

13 a report evaluating the effect that the ready availability

14 of slot machines as a morale, welfare, and recreation activ15 ity on United States military installations outside of the

16 United States has on members of the Armed Forces, their

17 dependents, and other persons who use such slot ma18 chines, the morale of military communities overseas, and

19 the personal financial stability of members of the Armed

20 Forces.

21 (b) MATTERS TO BE INCLUDED.—The Secretary

22 shall include in the report—

23 (1) an estimate of the number of persons who

24 used such slot machines during the preceding two

25 years and, of such persons, the percentage who were

26 enlisted members (shown both in the aggregate and
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1 by pay grade), officers (shown both in the aggregate

2 and by pay grade), Department of Defense civilians,

3 other United States persons, and foreign nationals;

4 (2) to the extent feasible, information with re5 spect to military personnel referred to in paragraph

6 (1) showing the number (as a percentage and by pay

7 grade) who have—

8 (A) sought financial services counseling at

9 least partially due to the use of such slot ma10 chines;

11 (B) qualified for Government financial as12 sistance at least partially due to the use of such

13 slot machines; or

14 (C) had a personal check returned for in15 sufficient funds or received any other non16 payment notification from a creditor at least

17 partially due to the use of such slot machines;

18 and

19 (3) to the extent feasible, information with re20 spect to the average amount expended by each cat21 egory of persons referred to in paragraph (1) in

22 using such slot machines per visit, to be shown by

23 pay grade in the case of military personnel.
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1 Subtitle D—Department of Defense

2 Industrial Facilities

3 SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND

4 TECHNICAL EXCELLENCE AND PUBLIC-PRI5 VATE PARTNERSHIPS TO INCREASE UTILIZA6 TION OF SUCH CENTERS.

7 (a) DESIGNATION METHOD.—Subsection (a) of sec8 tion 2474 of title 10, United States Code, is amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘The Secretary of De11 fense’’ and inserting ‘‘The Secretary concerned,

12 or the Secretary of Defense in the case of a De13 fense Agency,’’; and

14 (B) by striking ‘‘of the activity’’ and in15 serting ‘‘of the designee’’;

16 (2) in paragraph (2)—

17 (A) by inserting ‘‘of Defense’’ after ‘‘The

18 Secretary’’; and

19 (B) by striking ‘‘depot-level activities’’ and

20 inserting ‘‘Centers of Industrial and Technical

21 Excellence’’; and

22 (3) in paragraph (3)—

23 (A) by striking ‘‘depot-level operations’’

24 and inserting ‘‘operations at Centers of Indus25 trial and Technical Excellence’’;
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1 (B) by striking ‘‘depot-level activities’’ and

2 inserting ‘‘the Centers’’; and

3 (C) by striking ‘‘such activities’’ and in4 serting ‘‘the Centers’’.

5 (b) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection

6 (b) of such section is amended to read as follows:

7 ‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—(1) To

8 achieve one or more objectives set forth in paragraph (2),

9 the Secretary designating a Center of Industrial and Tech10 nical Excellence under subsection (a) may authorize and

11 encourage the head of the Center to enter into public-pri12 vate cooperative arrangements (in this section referred to

13 as a ‘public-private partnership’) to provide for any of the

14 following:

15 ‘‘(A) For employees of the Center, private in16 dustry, or other entities outside the Department of

17 Defense to perform (under contract, subcontract, or

18 otherwise) work related to the core competencies of

19 the Center, including any depot-level maintenance

20 and repair work that involves one or more core com21 petencies of the Center.

22 ‘‘(B) For private industry or other entities out23 side the Department of Defense to use, for any pe24 riod of time determined to be consistent with the

25 needs of the Department of Defense, any facilities or
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1 equipment of the Center that are not fully utilized

2 for a military department’s own production or main3 tenance requirements.

4 ‘‘(2) The objectives for exercising the authority pro5 vided in paragraph (1) are as follows:

6 ‘‘(A) To maximize the utilization of the capacity

7 of a Center of Industrial and Technical Excellence.

8 ‘‘(B) To reduce or eliminate the cost of owner9 ship of a Center by the Department of Defense in

10 such areas of responsibility as operations and main11 tenance and environmental remediation.

12 ‘‘(C) To reduce the cost of products of the De13 partment of Defense produced or maintained at a

14 Center.

15 ‘‘(D) To leverage private sector investment in—

16 ‘‘(i) such efforts as plant and equipment

17 recapitalization for a Center; and

18 ‘‘(ii) the promotion of the undertaking of

19 commercial business ventures at a Center.

20 ‘‘(E) To foster cooperation between the armed

21 forces and private industry.

22 ‘‘(3) If the Secretary concerned, or the Secretary of

23 Defense in the case of a Defense Agency, authorizes the

24 use of public-private partnerships under this subsection,

25 the Secretary shall submit to Congress a report evaluating
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1 the need for loan guarantee authority, similar to the

2 ARMS Initiative loan guarantee program under section

3 4555 of this title, to facilitate the establishment of public4 private partnerships and the achievement of the objectives

5 set forth in paragraph (2).’’.

6 (c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—

7 Such section is further amended—

8 (1) by striking subsection (d);

9 (2) by redesignating subsection (c) as sub10 section (d); and

11 (3) by inserting after subsection (b) the fol12 lowing new subsection (c):

13 ‘‘(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—

14 Any facilities or equipment of a Center of Industrial and

15 Technical Excellence made available to private industry

16 may be used to perform maintenance or to produce goods

17 in order to make more efficient and economical use of Gov18 ernment-owned industrial plants and encourage the cre19 ation and preservation of jobs to ensure the availability

20 of a workforce with the necessary manufacturing and

21 maintenance skills to meet the needs of the armed

22 forces.’’.

23 (d) CREDITING OF AMOUNTS FOR PERFORMANCE.—

24 Subsection (d) of such section, as redesignated by sub25 section (c)(2), is amended by adding at the end the fol-
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1 lowing new sentences: ‘‘Consideration in the form of rental

2 payments or (notwithstanding section 3302(b) of title 31)

3 in other forms may be accepted for a use of property ac4 countable under a contract performed pursuant to this

5 section. Notwithstanding section 2667(d) of this title, rev6 enues generated pursuant to this section shall be available

7 for facility operations, maintenance, and environmental

8 restoration at the Center where the leased property is lo9 cated.’’.

10 (e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI11 VATE-SECTOR PARTNERS.—Such section is further

12 amended by adding at the end the following new sub13 sections:

14 ‘‘(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRI15 VATE-SECTOR PARTNERS.—Equipment or facilities of a

16 Center of Industrial and Technical Excellence may be

17 made available for use by a private-sector entity under this

18 section only if—

19 ‘‘(1) the use of the equipment or facilities will

20 not have a significant adverse effect on the readiness

21 of the armed forces, as determined by the Secretary

22 concerned or, in the case of a Center in a Defense

23 Agency, by the Secretary of Defense; and

24 ‘‘(2) the private-sector entity agrees—
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1 ‘‘(A) to reimburse the Department of De2 fense for the direct and indirect costs (including

3 any rental costs) that are attributable to the

4 entity’s use of the equipment or facilities, as de5 termined by that Secretary; and

6 ‘‘(B) to hold harmless and indemnify the

7 United States from—

8 ‘‘(i) any claim for damages or injury

9 to any person or property arising out of

10 the use of the equipment or facilities, ex11 cept in a case of willful conduct or gross

12 negligence; and

13 ‘‘(ii) any liability or claim for damages

14 or injury to any person or property arising

15 out of a decision by the Secretary con16 cerned or the Secretary of Defense to sus17 pend or terminate that use of equipment or

18 facilities during a war or national emer19 gency.

20 ‘‘(f) CONSTRUCTION OF PROVISION.—Nothing in this

21 section may be construed to authorize a change, otherwise

22 prohibited by law, from the performance of work at a Cen23 ter of Industrial and Technical Excellence by Department

24 of Defense personnel to performance by a contractor.’’.
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1 (f) USE OF WORKING CAPITAL-FUNDED FACILI2 TIES.—Section 2208(j)(1) of title 10, United States Code,

3 is amended—

4 (1) by striking ‘‘contract; and’’ at the end of

5 subparagraph (A) and all that follows through ‘‘(B)

6 the solicitation’’ and inserting ‘‘contract, and the so7 licitation’’;

8 (2) by striking the period at the end and insert9 ing ‘‘; or’’; and

10 (3) by adding at the end the following new sub11 paragraph:

12 ‘‘(B) the Secretary would advance the objectives

13 set forth in section 2474(b)(2) of this title by au14 thorizing the facility to do so.’’.

15 (g) REPEAL OF GENERAL AUTHORITY TO LEASE

16 EXCESS DEPOT-LEVEL EQUIPMENT AND FACILITIES TO

17 OUTSIDE TENANTS.—(1) Section 2471 of title 10, United

18 States Code, is repealed.

19 (2) The table of sections at the beginning of chapter

20 146 of such title is amended by striking the item relating

21 to section 2471.

22 SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPAC23 ITY COSTS OF UNITED STATES ARSENALS.

24 (a) TREATMENT OF UNUTILIZED AND UNDERUTI25 LIZED PLANT-CAPACITY COSTS.—Chapter 433 of title 10,
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1 United States Code, is amended by inserting after section

2 4540 the following new section:

3 ‘‘§ 4541. Army arsenals: treatment of unutilized or un4 derutilized plant-capacity costs

5 ‘‘(a) ESTIMATE OF COSTS.—The Secretary of the

6 Army shall include in the budget justification documents

7 submitted to Congress in support of the President’s budg8 et for a fiscal year submitted under section 1105 of title

9 31 an estimate of the funds to be required in that fiscal

10 year to cover unutilized and underutilized plant-capacity

11 costs at Army arsenals.

12 ‘‘(b) USE OF FUNDS.—Funds appropriated to the

13 Secretary of the Army for a fiscal year to cover unutilized

14 and underutilized plant-capacity costs at Army arsenals

15 shall be used in such fiscal year only for such costs.

16 ‘‘(c) TREATMENT OF COSTS.—(1) The Secretary of

17 the Army shall not include unutilized and underutilized

18 plant-capacity costs when evaluating the bid of an Army

19 arsenal for purposes of the arsenal’s contracting to provide

20 a good or service to a Government agency.

21 ‘‘(2) When an Army arsenal is serving as a subcon22 tractor to a private-sector entity with respect to a good

23 or service to be provided to a Government agency, the cost

24 charged by the arsenal shall not include unutilized and
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1 underutilized plant-capacity costs that are funded by a di2 rect appropriation.

3 ‘‘(d) DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘Army arsenal’ means a Govern5 ment-owned, Government-operated defense plant of

6 the Department of the Army that manufactures

7 weapons, weapon components, or both.

8 ‘‘(2) The term ‘unutilized and underutilized

9 plant-capacity costs’ means the costs associated with

10 operating and maintaining the facilities and equip11 ment of an Army arsenal that the Secretary of the

12 Army determines are required to be kept for mobili13 zation needs, in those months in which the facilities

14 and equipment are not used or are used only 20 per15 cent or less of available work days.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of such chapter is amended by inserting

18 after the item relating to section 4540 the following new

19 item:

‘‘4541. Army arsenals: treatment of unutilized or underutilized plant-capacity

costs.’’.

20 SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.

21 (a) DEMONSTRATION PROGRAM REQUIRED.—To help

22 maintain the viability of the Army manufacturing arsenals

23 and the unique capabilities of these arsenals to support

24 the national security interests of the United States, the
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1 Secretary of the Army shall carry out a demonstration

2 program under this section during fiscal years 2001 and

3 2002 at each manufacturing arsenal of the Department

4 of the Army.

5 (b) PURPOSES OF DEMONSTRATION PROGRAM.—The

6 purposes of the demonstration program are as follows:

7 (1) To provide for the utilization of the existing

8 skilled workforce at the Army manufacturing arse9 nals by commercial firms.

10 (2) To provide for the reemployment and re11 training of skilled workers who, as a result of declin12 ing workload and reduced Army spending on arsenal

13 production requirements at these Army arsenals, are

14 idled or underemployed.

15 (3) To encourage commercial firms, to the max16 imum extent practicable, to use these Army arsenals

17 for commercial purposes.

18 (4) To increase the opportunities for small busi19 nesses (including socially and economically disadvan20 taged small business concerns and new small busi21 nesses) to use these Army arsenals for those pur22 poses.

23 (5) To maintain in the United States a work

24 force having the skills in manufacturing processes
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1 that are necessary to meet industrial emergency

2 planned requirements for national security purposes.

3 (6) To demonstrate innovative business prac4 tices, to support Department of Defense acquisition

5 reform, and to serve as both a model and a labora6 tory for future defense conversion initiatives of the

7 Department of Defense.

8 (7) To the maximum extent practicable, to

9 allow the operation of these Army arsenals to be

10 rapidly responsive to the forces of free market com11 petition.

12 (8) To reduce or eliminate the cost of Govern13 ment ownership of these Army arsenals, including

14 the costs of operations and maintenance, the costs of

15 environmental remediation, and other costs.

16 (9) To reduce the cost of products of the De17 partment of Defense produced at these Army arse18 nals.

19 (10) To leverage private investment at these

20 Army arsenals through long-term facility use con21 tracts, property management contracts, leases, or

22 other agreements that support and advance the dem23 onstration program for the following activities:

24 (A) Recapitalization of plant and equip25 ment.
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1 (B) Environmental remediation.

2 (C) Promotion of commercial business ven3 tures.

4 (D) Other activities approved by the Sec5 retary of the Army.

6 (11) To foster cooperation between the Depart7 ment of the Army, property managers, commercial

8 interests, and State and local agencies in the imple9 mentation of sustainable development strategies and

10 investment in these Army arsenals.

11 (c) CONTRACT AUTHORITY.—(1) In the case of each

12 Army manufacturing arsenal, the Secretary of the Army

13 may enter into contracts with commercial firms to author14 ize the contractors, consistent with section 4543 of title

15 10, United States Code—

16 (A) to use the arsenal, or a portion of the arse17 nal, and the skilled workforce at the arsenal to man18 ufacture weapons, weapon components, or related

19 products consistent with the purposes of the pro20 gram; and

21 (B) to enter into subcontracts for the commer22 cial use of the arsenal consistent with such purposes.

23 (2) A contract under paragraph (1) shall require the

24 contractor to contribute toward the operation and mainte-
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1 nance of the Army manufacturing arsenal covered by the

2 contract.

3 (3) In the event an Army manufacturing arsenal is

4 converted to contractor operation, the Secretary may enter

5 into a contract with the contractor to authorize the con6 tractor, consistent with section 4543 of title 10, United

7 States Code—

8 (A) to use the facility during the period of the

9 program in a manner consistent with the purposes

10 of the program; and

11 (B) to enter into subcontracts for the commer12 cial use of the facility consistent with such purposes.

13 (d) LOAN GUARANTEES.—(1) Subject to paragraph

14 (2), the Secretary of the Army may guarantee the repay15 ment of any loan made to a commercial firm to fund, in

16 whole or in part, the establishment of a commercial activ17 ity at an Army manufacturing arsenal under this section.

18 (2) Loan guarantees under this subsection may not

19 be committed except to the extent that appropriations of

20 budget authority to cover their costs are made in advance,

21 as required by section 504 of the Federal Credit Reform

22 Act of 1990 (2 U.S.C. 661c).

23 (3) The Secretary of the Army may enter into agree24 ments with the Administrator of the Small Business Ad25 ministration or the Administrator of the Farmers Home
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1 Administration, the Administrator of the Rural Develop2 ment Administration, or the head of other appropriate

3 agencies of the Department of Agriculture, under which

4 such Administrators may, under this subsection—

5 (A) process applications for loan guarantees;

6 (B) guarantee repayment of loans; and

7 (C) provide any other services to the Secretary

8 of the Army to administer this subsection.

9 (4) An Administrator referred to in paragraph (3)

10 may guarantee loans under this section to commercial

11 firms of any size, notwithstanding any limitations on the

12 size of applicants imposed on other loan guarantee pro13 grams that the Administrator administers. To the extent

14 practicable, each Administrator shall use the same proce15 dures for processing loan guarantee applications under

16 this subsection as the Administrator uses for processing

17 loan guarantee applications under other loan guarantee

18 programs that the Administrator administers.

19 (e) LOAN LIMITS.—The maximum amount of loan

20 principal guaranteed during a fiscal year under subsection

21 (d) may not exceed—

22 (1) $20,000,000, with respect to any single bor23 rower; and

24 (2) $320,000,000 with respect to all borrowers.
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1 (f) TRANSFER OF FUNDS.—The Secretary of the

2 Army may transfer to an Administrator providing services

3 under subsection (d), and the Administrator may accept,

4 such funds as may be necessary to administer loan guar5 antees under such subsection.

6 (g) REPORTING REQUIREMENTS.—(1) Not later than

7 July 1 of each year in which a guarantee issued under

8 subsection (d) is in effect, the Secretary of the Army shall

9 submit to Congress a report specifying the amounts of

10 loans guaranteed under such subsection during the pre11 ceding calendar year. No report is required after fiscal

12 year 2002.

13 (2) Not later than July 1, 2001, the Secretary of the

14 Army shall submit to the congressional defense commit15 tees a report on the implementation of the demonstration

16 program. The report shall contain a comprehensive review

17 of contracting at the Army manufacturing arsenals cov18 ered by the program and such recommendations as the

19 Secretary considers appropriate regarding changes to the

20 program.
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1 SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMA2 MENT RETOOLING AND MANUFACTURING

3 SUPPORT PROGRAMS.

4 (a) IN GENERAL.—(1) Part IV of subtitle B of title

5 10, United States Code, is amended by inserting after

6 chapter 433 the following new chapter:

‘‘CHAPTER 434—ARMAMENTS INDUSTRIAL BASE

‘‘Sec.

‘‘4551. Definitions.

‘‘4552. Policy.

‘‘4553. Armament Retooling and Manufacturing Support Initiative.

‘‘4554. Property management contracts and leases.

‘‘4555. ARMS Initiative loan guarantee program.

7 ‘‘§ 4551. Definitions

8 ‘‘In this chapter:

9 ‘‘(1) The term ‘ARMS Initiative’ means the Ar10 mament Retooling and Manufacturing Support Ini11 tiative authorized by this chapter.

12 ‘‘(2) The term ‘eligible facility’ means a Gov13 ernment-owned, contractor-operated ammunition

14 manufacturing facility of the Department of the

15 Army that is in an active, inactive, layaway, or care16 taker status.

17 ‘‘(3) The term ‘property manager’ includes any

18 person or entity managing an eligible facility made

19 available under the ARMS Initiative through a prop20 erty management contract.

21 ‘‘(4) The term ‘property management contract’

22 includes facility use contracts, site management con-
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1 tracts, leases, and other agreements entered into

2 under the authority of this chapter.

3 ‘‘(5) The term ‘Secretary’ means the Secretary

4 of the Army.

5 ‘‘§ 4552. Policy

6 ‘‘It is the policy of the United States—

7 ‘‘(1) to encourage, to the maximum extent prac8 ticable, commercial firms to use Government-owned,

9 contractor-operated ammunition manufacturing fa10 cilities of the Department of the Army;

11 ‘‘(2) to use such facilities for supporting pro12 grams, projects, policies, and initiatives that pro13 mote competition in the private sector of the United

14 States economy and that advance United States in15 terests in the global marketplace;

16 ‘‘(3) to increase the manufacture of products

17 inside the United States;

18 ‘‘(4) to support policies and programs that pro19 vide manufacturers with incentives to assist the

20 United States in making more efficient and economi21 cal use of eligible facilities for commercial purposes;

22 ‘‘(5) to provide, as appropriate, small busi23 nesses (including socially and economically disadvan24 taged small business concerns and new small busi25 nesses) with incentives that encourage those busi-
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1 nesses to undertake manufacturing and other indus2 trial processing activities that contribute to the pros3 perity of the United States;

4 ‘‘(6) to encourage the creation of jobs through

5 increased investment in the private sector of the

6 United States economy;

7 ‘‘(7) to foster a more efficient, cost-effective,

8 and adaptable armaments industry in the United

9 States;

10 ‘‘(8) to achieve, with respect to armaments

11 manufacturing capacity, an optimum level of readi12 ness of the national technology and industrial base

13 within the United States that is consistent with the

14 projected threats to the national security of the

15 United States and the projected emergency require16 ments of the armed forces; and

17 ‘‘(9) to encourage facility use contracting where

18 feasible.

19 ‘‘§ 4553. Armament Retooling and Manufacturing

20 Support Initiative

21 ‘‘(a) AUTHORITY FOR INITIATIVE.—The Secretary

22 may carry out a program to be known as the ‘Armament

23 Retooling and Manufacturing Support Initiative’.

24 ‘‘(b) PURPOSES.—The purposes of the ARMS Initia25 tive are as follows:
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1 ‘‘(1) To encourage commercial firms, to the

2 maximum extent practicable, to use eligible facilities

3 for commercial purposes.

4 ‘‘(2) To increase the opportunities for small

5 businesses (including socially and economically dis6 advantaged small business concerns and new small

7 businesses) to use eligible facilities for those pur8 poses.

9 ‘‘(3) To maintain in the United States a work

10 force having the skills in manufacturing processes

11 that are necessary to meet industrial emergency

12 planned requirements for national security purposes.

13 ‘‘(4) To demonstrate innovative business prac14 tices, to support Department of Defense acquisition

15 reform, and to serve as both a model and a labora16 tory for future defense conversion initiatives of the

17 Department of Defense.

18 ‘‘(5) To the maximum extent practicable, to

19 allow the operation of eligible facilities to be rapidly

20 responsive to the forces of free market competition.

21 ‘‘(6) To reduce or eliminate the cost of Govern22 ment ownership of eligible facilities, including the

23 costs of operations and maintenance, the costs of en24 vironmental remediation, and other costs.
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1 ‘‘(7) To reduce the cost of products of the De2 partment of Defense produced at eligible facilities.

3 ‘‘(8) To leverage private investment at eligible

4 facilities through long-term facility use contracts,

5 property management contracts, leases, or other

6 agreements that support and advance the policies

7 and purposes of this chapter, for the following activi8 ties:

9 ‘‘(A) Recapitalization of plant and equip10 ment.

11 ‘‘(B) Environmental remediation.

12 ‘‘(C) Promotion of commercial business

13 ventures.

14 ‘‘(D) Other activities approved by the Sec15 retary.

16 ‘‘(9) To foster cooperation between the Depart17 ment of the Army, property managers, commercial

18 interests, and State and local agencies in the imple19 mentation of sustainable development strategies and

20 investment in eligible facilities made available for

21 purposes of the ARMS Initiative.

22 ‘‘(10) To reduce or eliminate the cost of asset

23 disposal that would be incurred if property at an eli24 gible facility was declared excess to the needs of the

25 Department of the Army.
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1 ‘‘(c) AVAILABILITY OF FACILITIES.—The Secretary

2 may make any eligible facility available for the purposes

3 of the ARMS Initiative.

4 ‘‘(d) CONSIDERATION FOR LEASES.—Section 321 of

5 the Act of June 30, 1932 (40 U.S.C. 303b), shall not

6 apply to uses of property or facilities in accordance with

7 the ARMS Initiative.

8 ‘‘(e) PROGRAM SUPPORT.—(1) Funds appropriated

9 for purposes of the ARMS Initiative may be used for ad10 ministrative support and management.

11 ‘‘(2) A full annual accounting of such expenses for

12 each fiscal year shall be provided to the Committee on

13 Armed Services and the Committee on Appropriations of

14 the Senate and the Committee on Armed Services and the

15 Committee on Appropriations of the House of Representa16 tives not later than March 30 of the following fiscal year.

17 ‘‘§ 4554. Property management contracts and leases

18 ‘‘(a) IN GENERAL.—In the case of each eligible facil19 ity that is made available for the ARMS Initiative, the

20 Secretary—

21 ‘‘(1) shall make full use of facility use con22 tracts, leases, and other such commercial contractual

23 instruments as may be appropriate;

24 ‘‘(2) shall evaluate, on the basis of efficiency,

25 cost, emergency mobilization requirements, and the
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1 goals and purposes of the ARMS Initiative, the pro2 curement of services from the property manager, in3 cluding maintenance, operation, modification, infra4 structure, environmental restoration and remedi5 ation, and disposal of ammunition manufacturing

6 assets, and other services; and

7 ‘‘(3) may, in carrying out paragraphs (1) and

8 (2)—

9 ‘‘(A) enter into contracts, and provide for

10 subcontracts, for terms up to 25 years, as the

11 Secretary considers appropriate and consistent

12 with the needs of the Department of the Army

13 and the goals and purposes of the ARMS Initia14 tive; and

15 ‘‘(B) use procedures that are authorized to

16 be used under section 2304(c)(5) of this title

17 when the contractor or subcontractor is a

18 source specified in law.

19 ‘‘(b) CONSIDERATION FOR USE.—(1) To the extent

20 provided in a contract entered into under this section for

21 the use of property at an eligible facility that is account22 able under the contract, the Secretary may accept consid23 eration for such use that is, in whole or in part, in a form

24 other than—

25 ‘‘(A) rental payments; or
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1 ‘‘(B) revenue generated at the facility.

2 ‘‘(2) Forms of consideration acceptable under para3 graph (1) for a use of an eligible facility or any property

4 at an eligible facility include the following:

5 ‘‘(A) The improvement, maintenance, protec6 tion, repair, and restoration of the facility, the prop7 erty, or any property within the boundaries of the

8 installation where the facility is located.

9 ‘‘(B) Reductions in overhead costs.

10 ‘‘(C) Reductions in product cost.

11 ‘‘(3) The authority under paragraph (1) may be exer12 cised without regard to section 3302(b) of title 31 and

13 any other provision of law.

14 ‘‘§ 4555. ARMS Initiative loan guarantee program

15 ‘‘(a) PROGRAM AUTHORIZED.—Subject to subsection

16 (b), the Secretary may carry out a loan guarantee pro17 gram to encourage commercial firms to use eligible facili18 ties under this chapter. Under any such program, the Sec19 retary may guarantee the repayment of any loan made to

20 a commercial firm to fund, in whole or in part, the estab21 lishment of a commercial activity to use an eligible facility

22 under this chapter.

23 ‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guar24 antees under this section may not be committed except

25 to the extent that appropriations of budget authority to
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1 cover their costs are made in advance, as required by sec2 tion 504 of the Federal Credit Reform Act of 1990 (2

3 U.S.C. 661c).

4 ‘‘(c) PROGRAM ADMINISTRATION.—(1) The Secretary

5 may enter into an agreement with any of the officials

6 named in paragraph (2) under which that official may,

7 for the purposes of this section—

8 ‘‘(A) process applications for loan guarantees;

9 ‘‘(B) guarantee repayment of loans; and

10 ‘‘(C) provide any other services to the Secretary

11 to administer the loan guarantee program.

12 ‘‘(2) The officials referred to in paragraph (1) are

13 as follows:

14 ‘‘(A) The Administrator of the Small Business

15 Administration.

16 ‘‘(B) The head of any appropriate agency in the

17 Department of Agriculture, including—

18 ‘‘(i) the Administrator of the Farmers

19 Home Administration; and

20 ‘‘(ii) the Administrator of the Rural Devel21 opment Administration.

22 ‘‘(3) Each official authorized to do so under an agree23 ment entered into under paragraph (1) may guarantee

24 loans under this section to commercial firms of any size,

25 notwithstanding any limitations on the size of applicants
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1 imposed on other loan guarantee programs that the offi2 cial administers.

3 ‘‘(4) To the extent practicable, each official proc4 essing loan guarantee applications under this section pur5 suant to an agreement entered into under paragraph (1)

6 shall use the same processing procedures as the official

7 uses for processing loan guarantee applications under

8 other loan guarantee programs that the official admin9 isters.

10 ‘‘(d) LOAN LIMITS.—The maximum amount of loan

11 principal guaranteed during a fiscal year under this sec12 tion may not exceed—

13 ‘‘(1) $20,000,000, with respect to any single

14 borrower; and

15 ‘‘(2) $320,000,000 with respect to all bor16 rowers.

17 ‘‘(e) TRANSFER OF FUNDS.—The Secretary may

18 transfer to an official providing services under subsection

19 (c), and that official may accept, such funds as may be

20 necessary to administer the loan guarantee program under

21 this section.’’.

22 (2) The tables of chapters at the beginning of subtitle

23 B of such title and at the beginning of part IV of such

24 subtitle are amended by inserting after the item relating

25 to chapter 433 the following new item:

‘‘434. Armaments Industrial Base ................................................ 4551’’.
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1 (b) IMPLEMENTATION REPORT.—Not later than July

2 1, 2001, the Secretary of Defense shall submit to the con3 gressional defense committees a report on the procedures

4 and controls implemented to carry out section 4554 of title

5 10, United States Code, as added by subsection (a).

6 (c) RELATIONSHIP TO NATIONAL DEFENSE TECH7 NOLOGY AND INDUSTRIAL BASE.—(1) Subchapter IV of

8 chapter 148 of title 10, United States Code, is amended—

9 (A) by redesignating section 2525 as section

10 2521; and

11 (B) by adding at the end the following new sec12 tion:

13 ‘‘§ 2522. Armament retooling and manufacturing

14 ‘‘The Secretary of the Army is authorized by chapter

15 434 of this title to carry out programs for the support

16 of armaments retooling and manufacturing in the national

17 defense industrial and technology base.’’.

18 (2) The table of sections at the beginning of such sub19 chapter is amended by striking the item relating to section

20 2525 and inserting the following new items:

‘‘2521. Manufacturing Technology Program.

‘‘2522. Armament retooling and manufacturing.’’.

21 (d) REPEAL OF SUPERSEDED LAW.—The Armament

22 Retooling and Manufacturing Support Act of 1992 (sub23 title H of title I of Public Law 102–484; 10 U.S.C. 2501

24 note) is repealed.
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1 Subtitle E—Performance of Func2 tions by Private-Sector Sources

3 SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN RE4 PORTS TO CONGRESS REQUIRED BEFORE

5 CONVERSION OF COMMERCIAL OR INDUS6 TRIAL TYPE FUNCTIONS TO CONTRACTOR

7 PERFORMANCE.

8 (a) INFORMATION REQUIRED BEFORE COMMENCE9 MENT OF CONVERSION ANALYSIS.—Subsection (b)(1)(D)

10 of section 2461 of title 10, United States Code, is amend11 ed by inserting before the period the following: ‘‘, and a

12 specific identification of the budgetary line item from

13 which funds will be used to cover the cost of the analysis’’.

14 (b) INFORMATION REQUIRED IN NOTIFICATION OF

15 DECISION.—Subsection (c)(1) of such section is

16 amended—

17 (1) by redesignating subparagraphs (A), (B),

18 (C), (D), and (E) as subparagraphs (B), (C), (F),

19 (H), and (I), respectively;

20 (2) by inserting before subparagraph (B), as so

21 redesignated, the following new subparagraph:

22 ‘‘(A) The date when the analysis of that com23 mercial or industrial type function for possible

24 change to performance by the private sector was

25 commenced.’’;
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1 (3) by inserting after subparagraph (C), as so

2 redesignated, the following new subparagraphs:

3 ‘‘(D) The number of Department of Defense ci4 vilian employees who were performing the function

5 when the analysis was commenced, the number of

6 such employees whose employment was terminated

7 or otherwise affected in implementing the most effi8 cient organization of the function, and the number

9 of such employees whose employment would be ter10 minated or otherwise affected by changing to per11 formance of the function by the private sector.

12 ‘‘(E) The Secretary’s certification that the fac13 tors considered in the examinations performed under

14 subsection (b)(3), and in the making of the decision

15 to change performance, did not include any predeter16 mined personnel constraint or limitation in terms of

17 man years, end strength, full-time equivalent posi18 tions, or maximum number of employees.’’; and

19 (4) by inserting after subparagraph (F), as so

20 redesignated, the following new subparagraph:

21 ‘‘(G) A statement of the potential economic ef22 fect of the change on each affected local community,

23 as determined in the examination under subsection

24 (b)(3)(B)(ii).’’.
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1 SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD

2 COSTS OF CENTERS OF INDUSTRIAL AND

3 TECHNICAL EXCELLENCE AND ARMY AMMU4 NITION PLANTS.

5 Section 2461(c) of title 10, United States Code, is

6 amended—

7 (1) by redesignating paragraph (2) as para8 graph (3); and

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph:

11 ‘‘(2) If the commercial or industrial type function to

12 be changed to performance by the private sector is per13 formed at a Center of Industrial and Technical Excellence

14 designated under section 2474(a) of this title or an Army

15 ammunition plant—

16 ‘‘(A) the report required by this subsection shall

17 also include a description of the effect that the per18 formance and administration of the resulting con19 tract will have on the overhead costs of the center

20 or ammunition plant, as the case may be; and

21 ‘‘(B) notwithstanding paragraph (3), the

22 change of the function to contractor performance

23 may not begin until at least 60 days after the sub24 mission of the report.’’.
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1 SEC. 353. CONSOLIDATION, RESTRUCTURING, OR RE2 ENGINEERING OF DEPARTMENT OF DEFENSE

3 ORGANIZATIONS, FUNCTIONS, OR ACTIVI4 TIES.

5 (a) IN GENERAL.—Chapter 146 of title 10, United

6 States Code, is amended by adding at the end the fol7 lowing new section:

8 ‘‘§ 2475. Consolidation, restructuring, or re9 engineering of organizations, functions,

10 or activities: notification requirements

11 ‘‘(a) REQUIREMENT TO SUBMIT PLAN ANNUALLY.—

12 Concurrently with the submission of the President’s an13 nual budget request under section 1105 of title 31, the

14 Secretary of Defense shall submit to Congress each Stra15 tegic Sourcing Plan of Action for the Department of De16 fense (as identified in the Department of Defense Interim

17 Guidance dated February 29, 2000, or any successor De18 partment of Defense guidance or directive), for the fol19 lowing year.

20 ‘‘(b) NOTIFICATION OF DECISION TO EXECUTE

21 PLAN.—If a decision is made to consolidate, restructure,

22 or reengineer an organization, function, or activity of the

23 Department of Defense pursuant to a Strategic Sourcing

24 Plan of Action described in subsection (a), and such con25 solidation, restructuring, or reengineering would result in

26 a manpower reduction affecting 50 or more personnel of
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1 the Department of Defense (including military and civilian

2 personnel)—

3 ‘‘(1) the Secretary of Defense shall submit to

4 the Committees on Armed Services of the Senate

5 and the House of Representatives a report describ6 ing that decision, including—

7 ‘‘(A) a projection of the savings that will

8 be realized as a result of the consolidation, re9 structuring, or reengineering, compared with

10 the cost incurred by the Department of Defense

11 to perform the function or to operate the orga12 nization or activity prior to such proposed con13 solidation, restructuring, or reengineering;

14 ‘‘(B) a description of all missions, duties,

15 or military requirements that will be affected as

16 a result of the decision to consolidate, restruc17 ture, or reengineer the organization, function,

18 or activity that was analyzed;

19 ‘‘(C) the Secretary’s certification that the

20 consolidation, restructuring, or reengineering

21 will not result in any diminution of military

22 readiness;

23 ‘‘(D) a schedule for performing the consoli24 dation, restructuring, or reengineering; and
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1 ‘‘(E) the Secretary’s certification that the

2 entire analysis for the consolidation, restruc3 turing, or reengineering is available for exam4 ination; and

5 ‘‘(2) the head of the Defense Agency or the

6 Secretary of the military department concerned may

7 not implement the plan until 30 days after the date

8 that the agency head or Secretary submits notifica9 tion to the Committees on Armed Services of the

10 Senate and House of Representatives of the intent

11 to carry out such plan.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of such chapter is amended by adding

14 at the end the following new item:

‘‘2475. Consolidation, restructuring, or reengineering of organizations, functions,

or activities: notification requirements.’’.

15 SEC. 354. MONITORING OF SAVINGS RESULTING FROM

16 WORKFORCE REDUCTIONS AS PART OF CON17 VERSION OF FUNCTIONS TO PERFORMANCE

18 BY PRIVATE SECTOR OR OTHER STRATEGIC

19 SOURCING INITIATIVES.

20 (a) REQUIREMENT FOR A MONITORING SYSTEM.—

21 Chapter 146 of title 10, United States Code, is amended

22 by inserting after section 2461 the following new section:
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1 ‘‘§ 2461a. Development of system for monitoring cost

2 savings resulting from workforce reduc3 tions

4 ‘‘(a) WORKFORCE REVIEW DEFINED.—In this sec5 tion, the term ‘workforce review’, with respect to a func6 tion of the Department of Defense performed by Depart7 ment of Defense civilian employees, means a review con8 ducted under Office of Management and Budget Circular

9 A–76 (or any successor administrative regulation or pol10 icy), the Strategic Sourcing Program Plan of Action (or

11 any successor Department of Defense guidance or direc12 tive), or any other authority to determine whether the

13 function—

14 ‘‘(1) should be performed by a workforce com15 posed of Department of Defense civilian employees

16 or by a private sector workforce; or

17 ‘‘(2) should be reorganized or otherwise reengi18 neered to improve the effeciency or effectiveness of

19 the performance of the function, with a resulting de20 crease in the number of Department of Defense ci21 vilian employees performing the function.

22 ‘‘(b) SYSTEM FOR MONITORING PERFORMANCE.—(1)

23 The Secretary of Defense shall establish a system for mon24 itoring the performance, including the cost of perform25 ance, of each function of the Department of Defense that,
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1 after the date of the enactment of this section, is the sub2 ject of a workforce review.

3 ‘‘(2) The monitoring system shall be designed to com4 pare the following:

5 ‘‘(A) The costs to perform a function before the

6 workforce review to the costs actually incurred to

7 perform the function after implementing the conver8 sion, reorganization, or reengineering actions rec9 ommended by the workforce review.

10 ‘‘(B) The anticipated savings to the actual sav11 ings, if any, resulting from conversion, reorganiza12 tion, or reengineering actions undertaken in re13 sponse to the workforce review.

14 ‘‘(3) The monitoring of a function shall continue

15 under this section for at least five years after the conver16 sion, reorganization, or reengineering of the function.

17 ‘‘(c) WAIVER FOR CERTAIN WORKFORCE RE18 VIEWS.—Subsection (b) shall not apply to a workforce re19 view that would result in a manpower reduction affecting

20 fewer than 50 Department of Defense civilian employees.

21 ‘‘(d) ANNUAL REPORT.—Not later than February 1

22 of each fiscal year, the Secretary of Defense shall submit

23 to Congress a report on the results of the monitoring per24 formed under the system established under subsection (b).
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1 For each function subject to monitoring during the pre2 vious fiscal year, the report shall indicate the following:

3 ‘‘(1) The cost of the workforce review.

4 ‘‘(2) The cost of performing the function before

5 the workforce review compared to the costs incurred

6 after implementing the conversion, reorganization, or

7 reengineering actions recommended by the workforce

8 review.

9 ‘‘(3) The actual savings derived from the imple10 mentation of the recommendations of the workforce

11 review, if any, compared to the anticipated savings

12 that were to result from the conversion, reorganiza13 tion, or reengineering actions.

14 ‘‘(e) CONSIDERATION IN PREPARATION OF FUTURE15 YEARS DEFENSE PROGRAM.—In preparing the future16 years defense program under section 221 of this title, the

17 Secretary of Defense shall, for the fiscal years covered by

18 the program, estimate and take into account the costs to

19 be incurred and the savings to be derived from the per20 formance of functions by workforces selected in workforce

21 reviews. The Secretary shall consider the results of the

22 monitoring under this section in making the estimates.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of such chapter is amended by inserting
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1 after the item relating to section 2461 the following new

2 item:

‘‘2461a. Development of system for monitoring cost savings resulting from workforce reductions.’’.

3 SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE

4 FUNCTIONS AT CHEMICAL WEAPONS STOR5 AGE INSTALLATIONS.

6 (a) RESTRICTION ON CONVERSION.—The Secretary

7 of the Army may not convert to contractor performance

8 the emergency response functions of any chemical weapons

9 storage installation that, as of the date of the enactment

10 of this Act, are performed for that installation by employ11 ees of the United States until the certification required

12 by subsection (c) has been submitted in accordance with

13 that subsection.

14 (b) COVERED INSTALLATIONS.—For the purposes of

15 this section, a chemical weapons storage installation is any

16 installation of the Department of Defense on which lethal

17 chemical agents or munitions are stored.

18 (c) CERTIFICATION REQUIREMENT.—The Secretary

19 of the Army shall certify in writing to the Committee on

20 Armed Services of the Senate and the Committee on

21 Armed Services of the House of Representatives that, to

22 ensure that there will be no lapse of capability to perform

23 the chemical weapon emergency response mission at a

24 chemical weapons storage installation during any transi-
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1 tion to contractor performance of those functions at the

2 installation, the plan for conversion of the performance of

3 those functions—

4 (1) is consistent with the recommendation con5 tained in General Accounting Office Report NSIAD–

6 00–88, entitled ‘‘DoD Competitive Sourcing’’, dated

7 March 2000;

8 (2) provides for a transition to contractor per9 formance of emergency response functions which en10 sures an adequate transfer of the relevant knowledge

11 and expertise regarding chemical weapon emergency

12 response to the contractor personnel; and

13 (3) complies with section 2465 of title 10,

14 United States Code.

15 SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCA16 TION OF NAVAL AUDIT SERVICE.

17 (a) SUSPENSION.—During the period specified in

18 subsection (b), the Secretary of the Navy may not com19 mence or continue any consolidation, involuntary transfer,

20 buy-out, or other reduction in force of the workforce of

21 auditors and administrative support personnel of the

22 Naval Audit Service if the consolidation, involuntary

23 transfer, buy-out, or other reduction in force is associated

24 with the reorganization or relocation of the performance

25 of the auditing functions of the Naval Audit Service.
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1 (b) DURATION.—Subsection (a) applies during the

2 period beginning on the date of the enactment of this Act

3 and ending 180 days after the date on which the Secretary

4 submits to the congressional defense committees a report

5 that sets forth in detail the Navy’s plans and justification

6 for the reorganization or relocation of the performance of

7 the auditing functions of the Naval Audit Service, as the

8 case may be.

9 Subtitle F—Defense Dependents

10 Education

11 SEC. 361. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED

12 CROSS EMPLOYEES FOR ENROLLMENT IN DE13 PARTMENT OF DEFENSE DOMESTIC DEPEND14 ENT SCHOOLS IN PUERTO RICO.

15 Section 2164 of title 10, United States Code, is

16 amended by adding at the end the following new sub17 section:

18 ‘‘(i) AMERICAN RED CROSS EMPLOYEE DEPEND19 ENTS IN PUERTO RICO.—(1) The Secretary may authorize

20 the dependent of an American Red Cross employee de21 scribed in paragraph (2) to enroll in an education program

22 provided by the Secretary pursuant to subsection (a) in

23 Puerto Rico if the American Red Cross agrees to reim24 burse the Secretary for the educational services so pro25 vided.
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1 ‘‘(2) An employee referred to in paragraph (1) is an

2 American Red Cross employee who—

3 ‘‘(A) resides in Puerto Rico; and

4 ‘‘(B) performs, on a full-time basis, emergency

5 services on behalf of members of the armed forces.

6 ‘‘(3) In determining the dependency status of any

7 person for the purposes of paragraph (1), the Secretary

8 shall apply the same definitions as apply to the determina9 tion of such status with respect to Federal employees in

10 the administration of this section.

11 ‘‘(4) Subsection (g) shall apply with respect to deter12 mining the reimbursement rates for educational services

13 provided pursuant to this subsection. Amounts received as

14 reimbursement for such educational services shall be treat15 ed in the same manner as amounts received under sub16 section (g).’’.

17 SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

18 THAT BENEFIT DEPENDENTS OF MEMBERS

19 OF THE ARMED FORCES AND DEPARTMENT

20 OF DEFENSE CIVILIAN EMPLOYEES.

21 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

22 PROGRAM FOR FISCAL YEAR 2001.—Of the amount au23 thorized to be appropriated by section 301(5) for oper24 ation and maintenance for Defense-wide activities,

25 $35,000,000 shall be available only for the purpose of pro-
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1 viding educational agencies assistance (as defined in sub2 section (d)(1)) to local educational agencies.

3 (b) NOTIFICATION.—Not later than June 30, 2001,

4 the Secretary of Defense shall notify each local edu5 cational agency that is eligible for educational agencies as6 sistance for fiscal year 2001 of—

7 (1) that agency’s eligibility for educational

8 agencies assistance; and

9 (2) the amount of the educational agencies as10 sistance for which that agency is eligible.

11 (c) DISBURSEMENT OF FUNDS.—The Secretary of

12 Defense shall disburse funds made available under sub13 section (a) not later than 30 days after the date on which

14 notification to the eligible local educational agencies is

15 provided pursuant to subsection (b).

16 (d) DEFINITIONS.—In this section:

17 (1) The term ‘‘educational agencies assistance’’

18 means assistance authorized under section 386(b) of

19 the National Defense Authorization Act for Fiscal

20 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

21 note).

22 (2) The term ‘‘local educational agency’’ has

23 the meaning given that term in section 8013(9) of

24 the Elementary and Secondary Education Act of

25 1965 (20 U.S.C. 7713(9)).
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1 SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES.

3 (a) PAYMENTS.—Subject to subsection (f), the Sec4 retary of Defense shall make a payment for fiscal years

5 after fiscal year 2001, to each local educational agency

6 eligible to receive a payment for a child described in sub7 paragraph (A)(ii), (B), (D)(i) or (D)(ii) of section

8 8003(a)(1) of the Elementary and Secondary Education

9 Act of 1965 (20 U.S.C. 7703(a)(1)) that serves two or

10 more such children with severe disabilities, for costs in11 curred in providing a free appropriate public education to

12 each such child.

13 (b) PAYMENT AMOUNT.—The amount of the pay14 ment under subsection (a) to a local educational agency

15 for a fiscal year for each child referred to in such sub16 section with a severe disability shall be—

17 (1) the payment made on behalf of the child

18 with a severe disability that is in excess of the aver19 age per pupil expenditure in the State in which the

20 local educational agency is located; less

21 (2) the sum of the funds received by the local

22 educational agency—

23 (A) from the State in which the child re24 sides to defray the educational and related serv25 ices for such child;
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1 (B) under the Individuals with Disabilities

2 Education Act (20 U.S.C. 1400 et seq.) to de3 fray the educational and related services for

4 such child; and

5 (C) from any other source to defray the

6 costs of providing educational and related serv7 ices to the child which are received due to the

8 presence of a severe disabling condition of such

9 child.

10 (c) EXCLUSIONS.—No payment shall be made under

11 subsection (a) on behalf of a child with a severe disability

12 whose individual cost of educational and related services

13 does not exceed—

14 (1) five times the national or State average per

15 pupil expenditure (whichever is lower), for a child

16 who is provided educational and related services

17 under a program that is located outside the bound18 aries of the school district of the local educational

19 agency that pays for the free appropriate public edu20 cation of the student; or

21 (2) three times the State average per pupil ex22 penditure, for a child who is provided educational

23 and related services under a program offered by the

24 local educational agency, or within the boundaries of
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1 the school district served by the local educational

2 agency.

3 (d) RATABLE REDUCTION.—If the amount available

4 for a fiscal year for payments under subsection (a) is in5 sufficient to pay the full amount all local educational agen6 cies are eligible to receive under such subsection, the Sec7 retary of Defense shall ratably reduce the amounts of the

8 payments made under such subsection to all local edu9 cational agencies by an equal percentage.

10 (e) REPORT.—Each local educational agency desiring

11 a payment under subsection (a) shall report to the Sec12 retary of Defense—

13 (1) the number of severely disabled children for

14 which a payment may be made under this section;

15 and

16 (2) a breakdown of the average cost, by place17 ment (inside or outside the boundaries of the school

18 district of the local educational agency), of providing

19 education and related services to such children.

20 (f) PAYMENTS SUBJECT TO APPROPRIATION.—Pay21 ments shall be made for any period in a fiscal year under

22 this section only to the extent that funds are appropriated

23 specifically for making such payments for that fiscal year.

24 (g) LOCAL EDUCATIONAL AGENCY DEFINED.—In

25 this section, the term ‘‘local educational agency’’ has the
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1 meaning given that term in section 8013(9) of the Ele2 mentary and Secondary Education Act of 1965 (20 U.S.C.

3 7713(9)).

4 SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND

5 RENOVATION OF SCHOOL FACILITIES THAT

6 SERVE DEPENDENTS OF MEMBERS OF THE

7 ARMED FORCES AND DEPARTMENT OF DE8 FENSE CIVILIAN EMPLOYEES.

9 (a) REPAIR AND RENOVATION ASSISTANCE.—(1)

10 During fiscal year 2001, the Secretary of Defense may

11 make a grant to an eligible local educational agency to

12 assist the agency to repair and renovate—

13 (A) an impacted school facility that is used by

14 significant numbers of military dependent students;

15 or

16 (B) a school facility that was a former Depart17 ment of Defense domestic dependent elementary or

18 secondary school.

19 (2) Authorized repair and renovation projects may in20 clude repairs and improvements to an impacted school fa21 cility (including the grounds of the facility) designed to

22 ensure compliance with the requirements of the Americans

23 with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)

24 or local health and safety ordinances, to meet classroom
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1 size requirements, or to accommodate school population

2 increases.

3 (3) The total amount of assistance provided under

4 this subsection to an eligible local educational agency may

5 not exceed $2,500,000 during fiscal year 2001.

6 (b) MAINTENANCE ASSISTANCE.—(1) During fiscal

7 year 2001, the Secretary of Defense may make a grant

8 to an eligible local educational agency whose boundaries

9 are the same as a military installation to assist the agency

10 to maintain an impacted school facility, including the

11 grounds of such a facility.

12 (2) The total amount of assistance provided under

13 this subsection to an eligible local educational agency may

14 not exceed $250,000 during fiscal year 2001.

15 (c) DETERMINATION OF ELIGIBLE LOCAL EDU16 CATIONAL AGENCIES.—(1) A local educational agency is

17 an eligible local educational agency under this section only

18 if the Secretary of Defense determines that the local edu19 cational agency has—

20 (A) one or more federally impacted school facili21 ties; and

22 (B) satisfies at least one of the following eligi23 bility requirements:

24 (i) The local educational agency is eligible

25 to receive assistance under subsection (f) of sec-
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1 tion 8003 of the Elementary and Secondary

2 Education Act of 1965 (20 U.S.C. 7703) and

3 at least 10 percent of the students who were in

4 average daily attendance in the schools of such

5 agency during the preceding school year were

6 students described under paragraph (1)(A) or

7 (1)(B) of section 8003(a) of the Elementary

8 and Secondary Education Act of 1965.

9 (ii) At least 35 percent of the students who

10 were in average daily attendance in the schools

11 of the local educational agency during the pre12 ceding school year were students described

13 under paragraph (1)(A) or (1)(B) of section

14 8003(a) of the Elementary and Secondary Edu15 cation Act of 1965.

16 (iii) The State education system and the

17 local educational agency are one and the same.

18 (2) A local educational agency is also an eligible local

19 educational agency under this section if the local edu20 cational agency has a school facility that was a former

21 Department of Defense domestic dependent elementary or

22 secondary school, but assistance provided under subsection

23 (a) may only be used to repair and renovate that specific

24 facility.
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1 (d) NOTIFICATION OF ELIGIBILITY.—Not later than

2 April 30, 2001, the Secretary of Defense shall notify each

3 local educational agency identified under subsection (c)

4 that the local educational agency is eligible to apply for

5 a grant under subsection (a), subsection (b), or both sub6 sections.

7 (e) RELATION TO IMPACT AID CONSTRUCTION AS8 SISTANCE.—A local education agency that receives a grant

9 under subsection (a) to repair and renovate a school facil10 ity may not also receive a payment for school construction

11 under section 8007 of the Elementary and Secondary

12 Education Act of 1965 (20 U.S.C. 7707) for fiscal year

13 2001.

14 (f) GRANT CONSIDERATIONS.—In determining which

15 eligible local educational agencies will receive a grant

16 under this section, the Secretary of Defense shall take into

17 consideration the following conditions and needs at im18 pacted school facilities of eligible local educational agen19 cies:

20 (1) The repair or renovation of facilities is

21 needed to meet State mandated class size require22 ments, including student-teacher ratios and instruc23 tional space size requirements.

24 (2) There is an increase in the number of mili25 tary dependent students in facilities of the agency
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1 due to increases in unit strength as part of military

2 readiness.

3 (3) There are unhoused students on a military

4 installation due to other strength adjustments at

5 military installations.

6 (4) The repair or renovation of facilities is

7 needed to address any of the following conditions:

8 (A) The condition of the facility poses a

9 threat to the safety and well-being of students.

10 (B) The requirements of the Americans

11 with Disabilities Act of 1990.

12 (C) The cost associated with asbestos re13 moval, energy conservation, or technology up14 grades.

15 (D) Overcrowding conditions as evidenced

16 by the use of trailers and portable buildings and

17 the potential for future overcrowding because of

18 increased enrollment.

19 (5) The repair or renovation of facilities is

20 needed to meet any other Federal or State mandate.

21 (6) The number of military dependent students

22 as a percentage of the total student population in

23 the particular school facility.

24 (7) The age of facility to be repaired or ren25 ovated.
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1 (g) DEFINITIONS.—In this section:

2 (1) LOCAL EDUCATIONAL AGENCY.—The term

3 ‘‘local educational agency’’ has the meaning given

4 that term in section 8013(9) of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C.

6 7713(9)).

7 (2) IMPACTED SCHOOL FACILITY.—The term

8 ‘‘impacted school facility’’ means a facility of a local

9 educational agency—

10 (A) that is used to provide elementary or

11 secondary education at or near a military in12 stallation; and

13 (B) at which the average annual enroll14 ment of military dependent students is a high

15 percentage of the total student enrollment at

16 the facility, as determined by the Secretary of

17 Defense.

18 (3) MILITARY DEPENDENT STUDENTS.—The

19 term ‘‘military dependent students’’ means students

20 who are dependents of members of the armed forces

21 or Department of Defense civilian employees.

22 (4) MILITARY INSTALLATION.—The term ‘‘mili23 tary installation’’ has the meaning given that term

24 in section 2687(e) of title 10, United States Code.
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1 (h) FUNDING SOURCE.—The amount authorized to

2 be appropriated under section 301(25) for Quality of Life

3 Enhancements, Defense-Wide, shall be available to the

4 Secretary of Defense to make grants under this section.

5 Subtitle G—Military Readiness

6 Issues

7 SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUP8 PLIES, AND EQUIPMENT UNDER READINESS

9 REPORTING SYSTEM.

10 Section 117(c) of title 10, United States Code, is

11 amended by adding at the end the following new para12 graph:

13 ‘‘(7) Measure, on a quarterly basis, the extent

14 to which units of the armed forces remove service15 able parts, supplies, or equipment from one vehicle,

16 vessel, or aircraft in order to render a different vehi17 cle, vessel, or aircraft operational.’’.

18 SEC. 372. REPORTING REQUIREMENTS REGARDING TRANS19 FERS FROM HIGH-PRIORITY READINESS AP20 PROPRIATIONS.

21 (a) CONTINUATION OF REPORTING REQUIRE22 MENTS.—Section 483 of title 10, United States Code, is

23 amended by striking subsection (e).

24 (b) LEVEL OF DETAIL.—Subsection (c)(2) of such

25 section is amended by inserting before the period the fol-
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1 lowing: ‘‘, including identification of the sources from

2 which funds were transferred into that activity and identi3 fication of the recipients of the funds transferred out of

4 that activity’’.

5 (c) ADDITIONAL COVERED BUDGET ACTIVITIES.—

6 Subsection (d)(5) of such section is amended by adding

7 at the end the following new subparagraphs:

8 ‘‘(G) Combat Enhancement Forces.

9 ‘‘(H) Combat Communications.’’.

10 SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPER11 ATIONS ON READINESS OF MILITARY AIR12 CRAFT AND EQUIPMENT.

13 (a) REQUIREMENT FOR REPORT.—Not later than

14 180 days after the date of the enactment of this Act, the

15 Secretary of Defense shall submit to Congress a report

16 assessing the effects of worldwide contingency operations

17 on—

18 (1) the readiness of aircraft and ground equip19 ment of the Armed Forces; and

20 (2) the capability of the Armed Forces to main21 tain a high level of equipment readiness and to man22 age a high operating tempo for the aircraft and

23 ground equipment.
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1 (b) EFFECTS ON AIRCRAFT.—With respect to air2 craft, the assessment contained in the report shall address

3 the following effects:

4 (1) The effects of the contingency operations

5 carried out during fiscal years 1995 through 2000

6 on the aircraft of each of the Armed Forces in each

7 category of aircraft, as follows:

8 (A) Combat tactical aircraft.

9 (B) Strategic aircraft.

10 (C) Combat support aircraft.

11 (D) Combat service support aircraft.

12 (2) The types of adverse effects on the aircraft

13 of each of the Armed Forces in each category of air14 craft specified in paragraph (1) resulting from con15 tingency operations, as follows:

16 (A) Patrolling in no-fly zones over Iraq in

17 Operation Northern Watch and Operation

18 Southern Watch and over the Balkans in Oper19 ation Allied Force.

20 (B) Air operations in the North Atlantic

21 Treaty Organization air war against Serbia in

22 Operation Sky Anvil, Operation Noble Anvil,

23 and Operation Allied Force.

24 (C) Air operations in Operation Shining

25 Hope in Kosovo.
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1 (D) All other activities within the general

2 context of worldwide contingency operations.

3 (3) Any other effects that the Secretary of De4 fense considers appropriate in carrying out sub5 section (a).

6 (c) EFFECTS ON GROUND EQUIPMENT.—With re7 spect to ground equipment, the assessment contained in

8 the report shall address following effects:

9 (1) The effects of the contingency operations

10 carried out during fiscal years 1995 through 2000

11 on the ground equipment of each of the Armed

12 Forces.

13 (2) Any other effects that the Secretary of De14 fense considers appropriate in carrying out sub15 section (a).

16 (d) DEFINITIONS.—In this section:

17 (1) The term ‘‘Armed Forces’’ means the

18 Army, Navy, Marine Corps, and Air Force.

19 (2) The term ‘‘contingency operation’’ has the

20 meaning given the term in section 101(a)(13) of title

21 10, United States Code.
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1 SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE

2 BACKLOG IN MAINTENANCE AND REPAIR OF

3 DEFENSE FACILITIES.

4 (a) REPORT TO ADDRESS MAINTENANCE AND RE5 PAIR BACKLOG.—Not later than March 15, 2001, the Sec6 retary of Defense shall submit to Congress a report identi7 fying a list of requirements to reduce the backlog in main8 tenance and repair needs of facilities and infrastructure

9 under the jurisdiction of the Department of Defense or

10 a military department.

11 (b) ELEMENTS OF REPORT.—At a minimum, the re12 port shall include or address the following:

13 (1) The extent of the work necessary to repair

14 and revitalize facilities and infrastructure, or to de15 molish and replace unusable facilities, carried as

16 backlog by the Secretary of Defense or the Secretary

17 of a military department.

18 (2) Measurable goals, over specified time

19 frames, for addressing all of the identified require20 ments.

21 (3) Expected funding for each military depart22 ment and Defense Agency to address the identified

23 requirements during the period covered by the most

24 recent future-years defense program submitted to

25 Congress pursuant to section 221 of title 10, United

26 States Code.
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1 (4) The cost of the current backlog in mainte2 nance and repair for each military department and

3 Defense Agency, which shall be determined using the

4 standard costs to standard facility categories in the

5 Department of Defense Facilities Cost Factors

6 Handbook, shown both in the aggregate and individ7 ually for each major military installation.

8 (5) The total number of square feet of building

9 space of each military department and Defense

10 Agency to be demolished or proposed for demolition,

11 shown both in the aggregate and individually for

12 each major military installation.

13 (6) The initiatives underway to identify facility

14 and infrastructure requirements at military installa15 tion to accommodate new and developing weapons

16 systems and to prepare installations to accommodate

17 these systems.

18 (c) ANNUAL UPDATES.—The Secretary of Defense

19 shall update the report required under subsection (a) an20 nually. The annual updates shall be submitted to Congress

21 at or about the time that the budget is submitted to Con22 gress for a fiscal year under section 1105(a) of title 31,

23 United States Code.
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1 SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET

2 REQUESTS TO SATISFY ARMY READINESS RE3 QUIREMENTS.

4 (a) REQUIREMENT FOR NEW METHODOLOGY.—The

5 Secretary of the Army shall develop a new methodology

6 for preparing budget requests for operation and mainte7 nance for the Army that can be used to ensure that the

8 budget requests for operation and maintenance for future

9 fiscal years more accurately reflect the Army’s require10 ments than did the budget requests submitted to Congress

11 for fiscal year 2001 and preceding fiscal years.

12 (b) SENSE OF CONGRESS REGARDING NEW METH13 ODOLOGY.—It is the sense of Congress that—

14 (1) the methodology required by subsection (a)

15 should provide for the determination of the budget

16 levels to request for operation and maintenance for

17 the Army to be based on—

18 (A) the level of training that must be con19 ducted in order for the Army to execute suc20 cessfully the full range of missions called for in

21 the national defense strategy delineated pursu22 ant to section 118 of title 10, United States

23 Code, at a low-to-moderate level of risk;

24 (B) the cost of conducting training at the

25 level of training described in subparagraph (A);

26 and
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1 (C) the costs of all other Army operations,

2 including the cost of meeting infrastructure re3 quirements; and

4 (2) the Secretary of the Army should use the

5 new methodology in the preparation of the budget

6 requests for operation and maintenance for the

7 Army for fiscal years after fiscal year 2001.

8 SEC. 376. REVIEW OF AH–64 AIRCRAFT PROGRAM.

9 (a) REQUIREMENT FOR REVIEW.—The Comptroller

10 General shall conduct a review of the Army’s AH–64 air11 craft program to determine—

12 (1) whether obsolete spare parts, rather than

13 spare parts for the latest aircraft configuration, are

14 being procured;

15 (2) whether there is insufficient sustaining sys16 tem technical support;

17 (3) whether technical data packages and manu18 als are obsolete;

19 (4) whether there are unfunded requirements

20 for airframe and component upgrades; and

21 (5) if one or more of the conditions described

22 in the preceding paragraphs exist, whether the readi23 ness of the aircraft is impaired by the conditions.

24 (b) REPORT.—Not later than March 1, 2001, the

25 Comptroller General shall submit to the congressional de-
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1 fense committees a report on the results of the review

2 under subsection (a).

3 SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR

4 PARTS PROGRAM FOR C–5 AIRCRAFT.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) There exists a significant shortfall in the

8 Nation’s current strategic airlift requirement, even

9 though strategic airlift remains critical to the na10 tional security strategy of the United States.

11 (2) This shortfall results from the slow phase12 out of C–141 aircraft and their replacement with C–

13 17 aircraft and from lower than optimal reliability

14 rates for the C–5 aircraft.

15 (3) One of the primary causes of these reli16 ability rates for C–5 aircraft, and especially for

17 operational unit aircraft, is the shortage of spare re18 pair parts. Over the past 5 years, this shortage has

19 been particularly evident in the C–5 fleet.

20 (4) Not Mission Capable for Supply rates for

21 C–5 aircraft have increased significantly in the pe22 riod between 1997 and 1999. At Dover Air Force

23 Base, Delaware, for example, an average of 7 to 9

24 C–5 aircraft were not available during that period

25 because of a lack of parts.
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1 (5) Average rates of cannibalization of C–5 air2 craft per 100 sorties of such aircraft have also in3 creased during that period and are well above the

4 Air Mobility Command standard. In any given

5 month, this means devoting additional manhours to

6 cannibalization of C–5 aircraft. At Dover Air Force

7 Base, for example, an average of 800 to 1,000 addi8 tional manhours were required for cannibalization of

9 C–5 aircraft during that period. Cannibalization is

10 often required for aircraft that transit through a

11 base such as Dover Air Force Base, as well as those

12 that are based there.

13 (6) High cannibalization rates indicate a signifi14 cant problem in delivering spare parts in a timely

15 manner and systemic problems within the repair and

16 maintenance process, and also demoralize over17 worked maintenance crews.

18 (7) The C–5 aircraft remains an absolutely crit19 ical asset in air mobility and airlifting heavy equip20 ment and personnel to both military contingencies

21 and humanitarian relief efforts around the world.

22 (8) Despite increased funding for spare and re23 pair parts and other efforts by the Air Force to miti24 gate the parts shortage problem, Congress continues
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1 to receive reports of significant cannibalization to

2 airworthy C–5 aircraft and parts backlogs.

3 (b) REPORT REQUIRED.—Not later than January 1,

4 2001, and September 30, 2001, the Secretary of the Air

5 Force shall submit to Congress a report on the overall sta6 tus of the spare and repair parts program of the Air Force

7 for the C–5 aircraft.

8 (c) ELEMENTS OF REPORT.—Each report shall in9 clude the following:

10 (1) A statement of the funds currently allocated

11 to the acquisition of spare and repair parts for the

12 C–5 aircraft and the adequacy of such funds to meet

13 current and future repair and maintenance require14 ments for that aircraft.

15 (2) A description of current efforts to address

16 shortfalls in the availability of spare and repair

17 parts for the C–5 aircraft, including an assessment

18 of potential short-term and long-term effects of such

19 efforts.

20 (3) An assessment of the effects of such parts

21 shortfalls on readiness and reliability ratings for the

22 C–5 aircraft.

23 (4) A description of rates at which spare and

24 repair parts for one C–5 aircraft are taken from an25 other C–5 aircraft (known as parts cannibalization)
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1 and the manhours devoted to part cannibalization of

2 such aircraft.

3 (5) An assessment of the effects of parts short4 falls and parts cannibalization with respect to C–5

5 aircraft on readiness and retention.

6 Subtitle H—Other Matters

7 SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN

8 MILITARY EQUIPMENT IDENTIFIED ON

9 UNITED STATES MUNITIONS LIST.

10 (a) ANNUAL REPORT REQUIRED.—Chapter 153 of

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 2582. Military equipment identified on United

14 States munitions list: annual report of

15 public sales

16 ‘‘(a) REPORT REQUIRED.—The Secretary of Defense

17 shall prepare an annual report identifying each public sale

18 conducted by a military department or Defense Agency of

19 military items that are—

20 ‘‘(1) identified on the United States Munitions

21 List maintained under section 121.1 of title 22,

22 Code of Federal Regulations; and

23 ‘‘(2) assigned a demilitarization code of ‘B’ or

24 its equivalent.
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1 ‘‘(b) ELEMENTS OF REPORT.—(1) A report under

2 this section shall cover all public sales described in sub3 section (a) that were conducted during the preceding fiscal

4 year.

5 ‘‘(2) The report shall specify the following for each

6 sale:

7 ‘‘(A) The date of the sale.

8 ‘‘(B) The military department or Defense Agen9 cy conducting the sale.

10 ‘‘(C) The manner in which the sale was con11 ducted.

12 ‘‘(D) The military items described in subsection

13 (a) that were sold or offered for sale.

14 ‘‘(E) The purchaser of each item.

15 ‘‘(F) The stated end-use of each item sold.

16 ‘‘(c) SUBMISSION OF REPORT.—Not later than

17 March 31 of each year, the Secretary of Defense shall sub18 mit to the Committee on Armed Services of the House

19 of Representatives and the Committee on Armed Services

20 of the Senate the report required by this section for the

21 preceding fiscal year.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘2582. Military equipment identified on United States munitions list: annual report of public sales.’’.
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1 SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DIS2 POSED OF BY THE ARMY.

3 (a) RESTRICTION.—(1) Chapter 443 of title 10,

4 United States Code, is amended by adding at the end the

5 following new section:

6 ‘‘§ 4688. Armor-piercing ammunition and components:

7 condition on disposal

8 ‘‘(a) LIMITATION ON RESALE OR OTHER TRANS9 FER.—Except as provided in subsection (b), whenever the

10 Secretary of the Army carries out a disposal (by sale or

11 otherwise) of armor-piercing ammunition, or a component

12 of armor-piercing ammunition, the Secretary shall require

13 as a condition of the disposal that the recipient agree in

14 writing not to sell or otherwise transfer any of the ammu15 nition (reconditioned or otherwise), or any armor-piercing

16 component of that ammunition, to any purchaser in the

17 United States other than a law enforcement or other gov18 ernmental agency.

19 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to

20 a transfer of a component of armor-piercing ammunition

21 solely for the purpose of metal reclamation by means of

22 a destructive process such as melting, crushing, or shred23 ding.

24 ‘‘(c) SPECIAL RULE FOR NON-ARMOR-PIERCING

25 COMPONENTS.—A component of the armor-piercing am26 munition that is not itself armor-piercing and is not sub-
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1 jected to metal reclamation as described in subsection (b)

2 may not be used as a component in the production of new

3 or remanufactured armor-piercing ammunition other than

4 for sale to a law enforcement or other governmental agen5 cy or for a government-to-government sale or commercial

6 export to a foreign government under the Arms Export

7 Control Act (22 U.S.C. 2751).

8 ‘‘(d) DEFINITION.—In this section, the term ‘armor9 piercing ammunition’ means a center-fire cartridge the

10 military designation of which includes the term ‘armor

11 penetrator’ or ‘armor-piercing’, including a center-fire car12 tridge designated as armor-piercing incendiary (API) or

13 armor-piercing incendiary-tracer (API–T).’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by adding at the end the following

16 new item:

‘‘4688. Armor-piercing ammunition and components: condition on disposal.’’.

17 (b) APPLICABILITY.—Section 4688 of title 10, United

18 States Code, as added by subsection (a), shall apply with

19 respect to any disposal of ammunition or components re20 ferred to in that section after the date of the enactment

21 of this Act.
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1 SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR

2 SUPPORT PROVIDED AT JOHNSTON ATOLL.

3 (a) IN GENERAL.—Chapter 949 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 9783. Johnston Atoll: reimbursement for support

7 provided to civil air carriers

8 ‘‘(a) AUTHORITY OF THE SECRETARY.—The Sec9 retary of the Air Force may, under regulations prescribed

10 by the Secretary, require payment by a civil air carrier

11 for support provided by the United States to the carrier

12 at Johnston Atoll that is either—

13 ‘‘(1) requested by the civil air carrier; or

14 ‘‘(2) determined under the regulations as being

15 necessary to accommodate the civil air carrier’s use

16 of Johnston Atoll.

17 ‘‘(b) AMOUNT OF CHARGES.—Any amount charged

18 an air carrier under subsection (a) for support shall be

19 equal to the total amount of the actual costs to the United

20 States of providing the support. The amount charged may

21 not include any amount for an item of support that does

22 not satisfy a condition described in paragraph (1) or (2)

23 of subsection (a).

24 ‘‘(c) RELATIONSHIP TO LANDING FEES.—No landing

25 fee shall be charged an air carrier for a landing of an air26 craft of the air carrier at Johnston Atoll if the air carrier
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1 is charged under subsection (a) for support provided to

2 the air carrier.

3 ‘‘(d) DISPOSITION OF PAYMENTS.—(1) Amounts col4 lected from an air carrier under this section shall be cred5 ited to appropriations available for the fiscal year in which

6 collected, as follows:

7 ‘‘(A) For support provided by the Air Force, to

8 appropriations available for the Air Force for oper9 ation and maintenance.

10 ‘‘(B) For support provided by the Army, to ap11 propriations available for the Army for chemical de12 militarization.

13 ‘‘(2) Amounts credited to an appropriation under

14 paragraph (1) shall be merged with funds in that appro15 priation and shall be available, without further appropria16 tion, for the purposes and period for which the appropria17 tion is available.

18 ‘‘(e) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘civil air carrier’ means an air

20 carrier (as defined in section 40101(a)(2) of title

21 49) that is issued a certificate of public convenience

22 and necessity under section 41102 of such title.

23 ‘‘(2) The term ‘support’ includes fuel, fire res24 cue, use of facilities, improvements necessary to ac25 commodate use by civil air carriers, police, safety,
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1 housing, food, air traffic control, suspension of mili2 tary operations on the island (including operations

3 at the Johnston Atoll Chemical Agent Demilitariza4 tion System), repairs, and any other construction,

5 services, or supplies.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of such chapter is amended by adding

8 at the end the following new item:

‘‘9783. Johnston Atoll: reimbursement for support provided to civil air carriers.’’.

9 SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

10 (a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO

11 DUTY STATIONS.—Subsection (a) of section 18505 of title

12 10, United States Code, is amended to read as follows:

13 ‘‘(a) A member of a reserve component traveling for

14 annual training duty or inactive-duty training (including

15 a place other than the place of the member’s unit training

16 assembly if the member is performing annual training

17 duty or inactive-duty training in another location) may

18 travel in a space-required status on aircraft of the armed

19 forces between the member’s home and the place of the

20 annual training duty or inactive-duty training.’’.

21 (b) CLERICAL AMENDMENTS.—(1) The heading of

22 such section is amended to read as follows:
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1 ‘‘§ 18505. Reserves traveling for annual training duty

2 or inactive-duty training: space-required

3 travel on military aircraft’’.

4 (2) The table of sections at the beginning of chapter

5 1805 of such title is amended by striking the item relating

6 to section 18505 and inserting the following new item:

‘‘18505. Reserves traveling for annual training duty or inactive-duty training:

space-required travel on military aircraft.’’.

7 SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE

8 AIR FLEET AIRCRAFT.

9 (a) IN GENERAL.—Section 41106 of title 49, United

10 States Code, is amended—

11 (1) in subsection (a)(1), by striking ‘‘of at least

12 31 days’’;

13 (2) by redesignating subsection (b) as sub14 section (d); and

15 (3) by inserting after subsection (a) the fol16 lowing new subsections:

17 ‘‘(b) TRANSPORTATION BETWEEN THE UNITED

18 STATES AND FOREIGN LOCATIONS.—Except as provided

19 in subsection (d), the transportation of passengers or

20 property by transport category aircraft between a place

21 in the United States and a place outside the United States

22 obtained by the Secretary of Defense or the Secretary of

23 a military department through a contract for airlift service
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1 shall be provided by an air carrier referred to in subsection

2 (a).

3 ‘‘(c) TRANSPORTATION BETWEEN FOREIGN LOCA4 TIONS.—The transportation of passengers or property by

5 transport category aircraft between two places outside the

6 United States obtained by the Secretary of Defense or the

7 Secretary of a military department through a contract for

8 airlift service shall be provided by an air carrier that has

9 aircraft in the civil reserve air fleet whenever transpor10 tation by such an air carrier is reasonably available.’’.

11 (b) CONFORMING AMENDMENT.—Subsection (a) of

12 such section is further amended by striking ‘‘GENERAL.—

13 (1) Except as provided in subsection (b) of this section,’’

14 and inserting ‘‘INTERSTATE TRANSPORTATION.—(1) Ex15 cept as provided in subsection (d) of this section,’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on October 1, 2000.

18 SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY

19 OVER ALL IN-TRANSIT END ITEMS AND SEC20 ONDARY ITEMS.

21 (a) REQUIRED ADDITIONS.—Subsection (d) of sec22 tion 349 of the Strom Thurmond National Defense Au23 thorization Act for Fiscal Year 1999 (Public Law 105–

24 261; 112 Stat. 1981; 10 U.S.C. 2458 note) is amended—
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1 (1) in paragraph (1), by inserting before the pe2 riod at the end the following: ‘‘, including specific

3 actions to address underlying weaknesses in the con4 trols over items being shipped’’; and

5 (2) by adding at the end the following new

6 paragraph:

7 ‘‘(5) The key management elements for moni8 toring, and for measuring the progress achieved in,

9 the implementation of the plan, including—

10 ‘‘(A) the assignment of oversight responsi11 bility for each action identified pursuant to

12 paragraph (1);

13 ‘‘(B) a description of the resources re14 quired for oversight; and

15 ‘‘(C) an estimate of the annual cost of

16 oversight.’’.

17 (b) CONFORMING AMENDMENTS.—(1) Subsection (a)

18 of such section is amended by striking ‘‘Not later than’’

19 and all that follows through ‘‘Congress’’ and inserting

20 ‘‘The Secretary of Defense shall prescribe and carry out’’.

21 (2) Such section is further amended by adding at the

22 end the following new subsection:

23 ‘‘(f) SUBMISSIONS TO CONGRESS.—The Secretary

24 shall submit to Congress any revisions made to the plan

25 that are required by any law enacted after October 17,
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1 1998. The revisions so made shall be submitted not later

2 than 180 days after the date of the enactment of the law

3 requiring the revisions.’’.

4 (3) Subsection (e)(1) of such section is amended by

5 striking ‘‘submits the plan’’ and inserting ‘‘submits the

6 initial plan’’.

7 SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR AC8 CEPTANCE AND USE OF LANDING FEES

9 CHARGED FOR USE OF DOMESTIC MILITARY

10 AIRFIELDS BY CIVIL AIRCRAFT.

11 (a) REAUTHORIZATION.—Section 377 of the Strom

12 Thurmond National Defense Authorization Act for Fiscal

13 Year 1999 (Public Law 105–261; 112 Stat. 1993; 10

14 U.S.C. 113 note) is amended—

15 (1) in subsection (a)—

16 (A) by striking ‘‘during fiscal years 1999

17 and 2000’’; and

18 (B) by striking the second sentence; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(e) DURATION OF PILOT PROGRAM.—The pilot pro22 gram under this section may not be carried out after Sep23 tember 30, 2010.’’.

24 (b) FEES COLLECTED.—Subsection (b) of such sec25 tion is amended to read as follows:
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1 ‘‘(b) LANDING FEE DEFINED.—In this section, the

2 term ‘landing fee’ means any fee that is established under

3 or in accordance with regulations of the military depart4 ment concerned (whether prescribed in a fee schedule or

5 imposed under a joint-use agreement) to recover costs in6 curred for use by civil aircraft of an airfield of the military

7 department in the United States or in a territory or pos8 session of the United States.’’.

9 (c) USE OF PROCEEDS.—Subsection (c) of such sec10 tion is amended by striking ‘‘Amounts received for a fiscal

11 year in payment of landing fees imposed under the pilot

12 program for use of a military airfield’’ and inserting

13 ‘‘Amounts received in payment of landing fees for use of

14 a military airfield in a fiscal year of the pilot program’’.

15 (d) REPORT.—Subsection (d) of such section is

16 amended—

17 (1) by striking ‘‘March 31, 2000,’’ and insert18 ing ‘‘March 31, 2003,’’; and

19 (2) by striking ‘‘December 31, 1999’’ and in20 serting ‘‘December 31, 2002’’.
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1 SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN

2 AIRCRAFT FOR USE IN WILDFIRE SUPPRES3 SION.

4 Section 2 of the Wildfire Suppression Aircraft Trans5 fer Act of 1996 (Public Law 104–307; 10 U.S.C. 2576

6 note) is amended—

7 (1) in subsection (a)(1), by striking ‘‘September

8 30, 2000’’ and inserting ‘‘September 30, 2005’’;

9 (2) in subsection (d)(1)—

10 (A) by striking ‘‘the date of the enactment

11 of this Act’’ and inserting ‘‘October 14, 1996’’;

12 and

13 (B) by adding at the end the following:

14 ‘‘The regulations prescribed under this para15 graph shall be effective until the end of the pe16 riod specified in subsection (a)(1).’’; and

17 (3) in subsection (f), by striking ‘‘March 31,

18 2000’’ and inserting ‘‘March 31, 2005’’.

19 SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY AL20 KALI SILICA REACTIVITY.

21 (a) ASSESSMENT OF DAMAGE AND PREVENTION AND

22 MITIGATION TECHNOLOGY.—The Secretary of Defense

23 shall require the Secretaries of the military departments

24 to assess—

25 (1) the damage caused to aviation facilities of

26 the Armed Forces by alkali silica reactivity; and
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1 (2) the availability of technologies capable of

2 preventing, treating, or mitigating alkali silica reac3 tivity in hardened concrete structures and pave4 ments.

5 (b) EVALUATION OF TECHNOLOGIES.—(1) Taking

6 into consideration the assessment under subsection (a),

7 the Secretary of each military department may conduct

8 a demonstration project at a location selected by the Sec9 retary concerned to test and evaluate the effectiveness of

10 technologies intended to prevent, treat, or mitigate alkali

11 silica reactivity in hardened concrete structures and pave12 ments.

13 (2) The Secretary of Defense shall ensure that the

14 locations selected for the demonstration projects represent

15 the diverse operating environments of the Armed Forces.

16 (c) NEW CONSTRUCTION.—The Secretary of Defense

17 shall develop specific guidelines for appropriate testing

18 and use of lithium salts to prevent alkali silica reactivity

19 in new construction of the Department of Defense.

20 (d) COMPLETION OF ASSESSMENT AND DEMONSTRA21 TION.—The assessment conducted under subsection (a)

22 and the demonstration projects, if any, conducted under

23 subsection (b) shall be completed not later than September

24 30, 2006.
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1 (e) DELEGATION OF AUTHORITY.—The authority to

2 conduct the assessment under subsection (a) may be dele3 gated only to the Chief of Engineers of the Army, the

4 Commander of the Naval Facilities Engineering Com5 mand, and the Civil Engineer of the Air Force.

6 (f) LIMITATION ON EXPENDITURES.—The Secretary

7 of Defense and the Secretaries of the military departments

8 may not expend more than a total of $5,000,000 to con9 duct both the assessment under subsection (a) and all of

10 the demonstration projects under subsection (b).

11 SEC. 390. DEMONSTRATION PROJECT TO INCREASE RE12 SERVE COMPONENT INTERNET ACCESS AND

13 SERVICES IN RURAL COMMUNITIES.

14 (a) AUTHORIZATION AND PURPOSE OF PROJECT.—

15 The Secretary of the Army, acting through the Chief of

16 the National Guard Bureau, may carry out a demonstra17 tion project in rural communities that are unserved or un18 derserved by the telecommunications medium known as

19 the Internet to provide or increase Internet access and

20 services to units and members of the National Guard and

21 other reserve components located in these communities.

22 (b) PROJECT ELEMENTS.—In carrying out the dem23 onstration project, the Secretary may—

24 (1) establish and operate distance learning

25 classrooms in communities described in subsection
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1 (a), including any support systems required for such

2 classrooms; and

3 (2) provide Internet access and services in such

4 classrooms through GuardNet, the telecommuni5 cations infrastructure of the National Guard.

6 (c) REPORT.—Not later than February 1, 2005, the

7 Secretary shall submit to Congress a report on the dem8 onstration project. The report shall describe the activities

9 conducted under the demonstration project and include

10 any recommendations for the improvement or expansion

11 of the demonstration project that the Secretary considers

12 appropriate.

13 SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION

14 OF DEFENSE JOINT ACCOUNTING SYSTEM.

15 (a) REPORT ON DEPLOYMENT OF SYSTEM.—The

16 proposed Defense Joint Accounting System is not prohib17 ited, but the Secretary of Defense may not grant a Mile18 stone III decision for the system unless and until the Sec19 retary of Defense submits to the Committee on Armed

20 Services of the Senate and the Committee on Armed Serv21 ices of the House of Representatives a report—

22 (1) explaining the reasons for the withdrawal of

23 the Department of the Air Force from the proposed

24 Defense Joint Accounting System and the effect of

25 the withdrawal on the development of the system;
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1 (2) explaining the reasons why the Department

2 of the Navy is not required to participate in the sys3 tem;

4 (3) identifying business process reengineering

5 initiatives reviewed, considered, or undertaken by the

6 Department of the Air Force and the Department of

7 the Navy before the decisions were made to exclude

8 the Department of the Navy from the system and to

9 allow the Department of the Air Force to withdraw

10 from the system; and

11 (4) containing an analysis, prepared with the

12 participation of the Secretaries of the military de13 partments, of alternatives to the system to deter14 mine whether the system warrants deployment.

15 (b) CERTIFICATION.—If the Secretary of Defense de16 termines that the proposed Defense Joint Accounting Sys17 tem warrants a Milestone III decision, the Secretary shall

18 submit to the Committee on Armed Services of the Senate

19 and the Committee on Armed Services of the House of

20 Representatives a certification that the system will meet—

21 (1) the required functionality for users of the

22 system;

23 (2) Department of Defense acquisition stand24 ards;
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1 (3) the applicable requirements for Milestones

2 I, II and III; and

3 (4) the applicable requirements of the Clinger4 Cohen Act of 1996 (divisions D and E of Public

5 Law 104–106).

6 SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.

7 (a) REQUIREMENT FOR REPORT.—Not later than

8 November 30, 2000, the Secretary of Defense shall submit

9 to the congressional defense committees a report on the

10 Defense Travel System.

11 (b) CONTENT OF REPORT.—The report shall include

12 the following:

13 (1) A detailed discussion of the development,

14 testing, and fielding of the system, including the

15 performance requirements, the evaluation criteria,

16 the funding that has been provided for the develop17 ment, testing, and fielding of the system, and the

18 funding that is projected to be required for com19 pleting the development, testing, and fielding of the

20 system.

21 (2) The schedule for the testing of the system,

22 including the initial operational test and evaluation

23 and the final operational testing and evaluation, to24 gether with the results of the testing.
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1 (3) The cost savings expected to result from the

2 deployment of the system and from the completed

3 implementation of the system, together with a dis4 cussion of how the savings are estimated and the ex5 pected schedule for the realization of the savings.

6 (4) An analysis of the costs and benefits of

7 fielding the front-end software for the system

8 throughout all 18 geographical areas selected for the

9 original fielding of the system.

10 SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF

11 MAINTAINING HISTORICAL PROPERTIES.

12 (a) REQUIREMENT FOR REVIEW.—The Comptroller

13 General shall conduct a review of the annual costs in14 curred by the Department of Defense to comply with the

15 requirements of the National Historic Preservation Act

16 (16 U.S.C. 470 et seq.).

17 (b) REPORT.—Not later than February 28, 2001, the

18 Comptroller General shall submit to the congressional de19 fense committees a report on the results of the review.

20 The report shall contain the following:

21 (1) For each military department and Defense

22 Agency and for the Department of Defense in the

23 aggregate, the cost for fiscal year 2000 and the pro24 jected costs for the ensuing 10 fiscal years to comply
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1 with the requirements of the National Historic Pres2 ervation Act.

3 (2) Of the costs referred to in paragraph (1),

4 the portion of such costs related to maintenance of

5 those properties that qualified as historic properties

6 under the National Historic Preservation Act when

7 such Act was originally enacted in 1966.

8 (3) The accounts used for paying the costs of

9 complying with the requirements of the National

10 Historic Preservation Act.

11 (4) For each military department and Defense

12 Agency, the identity of all properties that must be

13 maintained in order to comply with the requirements

14 of the National Historic Preservation Act.

15 TITLE IV—MILITARY

16 PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.

Sec. 403. Adjustment to end strength flexibility authority.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.

Sec. 415. Increase in numbers of members in certain grades authorized to be

on active duty in support of the Reserves.

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Authority for Secretary of Defense to suspend certain personnel

strength limitations during war or national emergency.
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Sec. 422. Exclusion from active component end strengths of certain reserve

component members on active duty in support of the combatant commands.

Sec. 423. Exclusion of Army and Air Force medical and dental officers from

limitation on strengths of reserve commissioned officers in

grades below brigadier general.

Sec. 424. Authority for temporary increases in number of reserve component

personnel serving on active duty or full-time national guard

duty in certain grades.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

1 Subtitle A—Active Forces

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

3 The Armed Forces are authorized strengths for active

4 duty personnel as of September 30, 2001, as follows:

5 (1) The Army, 480,000.

6 (2) The Navy, 372,642.

7 (3) The Marine Corps, 172,600.

8 (4) The Air Force, 357,000.

9 SEC. 402. REVISION IN PERMANENT END STRENGTH MIN10 IMUM LEVELS.

11 (a) REVISED END STRENGTH FLOORS.—Section

12 691(b) of title 10, United States Code, is amended—

13 (1) in paragraph (2), by striking ‘‘371,781’’

14 and inserting ‘‘372,000’’;

15 (2) in paragraph (3), by striking ‘‘172,148’’

16 and inserting ‘‘172,600’’; and

17 (3) in paragraph (4), by striking ‘‘360,877’’

18 and inserting ‘‘357,000’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall take effect on October 1, 2000.

3 SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY

4 AUTHORITY.

5 Section 691(e) of title 10, United States Code, is

6 amended by inserting ‘‘or greater than’’ after ‘‘identical

7 to’’.

8 Subtitle B—Reserve Forces

9 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

10 (a) IN GENERAL.—The Armed Forces are authorized

11 strengths for Selected Reserve personnel of the reserve

12 components as of September 30, 2001, as follows:

13 (1) The Army National Guard of the United

14 States, 350,526.

15 (2) The Army Reserve, 205,300.

16 (3) The Naval Reserve, 88,900.

17 (4) The Marine Corps Reserve, 39,558.

18 (5) The Air National Guard of the United

19 States, 108,022.

20 (6) The Air Force Reserve, 74,358.

21 (7) The Coast Guard Reserve, 8,000.

22 (b) ADJUSTMENTS.—The end strengths prescribed by

23 subsection (a) for the Selected Reserve of any reserve com24 ponent shall be proportionately reduced by—
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1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of

3 such component which are on active duty (other

4 than for training) at the end of the fiscal year; and

5 (2) the total number of individual members not

6 in units organized to serve as units of the Selected

7 Reserve of such component who are on active duty

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end

10 of the fiscal year.

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end

13 strength prescribed for such fiscal year for the Selected

14 Reserve of such reserve component shall be proportion15 ately increased by the total authorized strengths of such

16 units and by the total number of such individual members.

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

18 DUTY IN SUPPORT OF THE RESERVES.

19 Within the end strengths prescribed in section

20 411(a), the reserve components of the Armed Forces are

21 authorized, as of September 30, 2001, the following num22 ber of Reserves to be serving on full-time active duty or

23 full-time duty, in the case of members of the National

24 Guard, for the purpose of organizing, administering, re25 cruiting, instructing, or training the reserve components:
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1 (1) The Army National Guard of the United

2 States, 22,974.

3 (2) The Army Reserve, 13,106.

4 (3) The Naval Reserve, 14,649.

5 (4) The Marine Corps Reserve, 2,261.

6 (5) The Air National Guard of the United

7 States, 11,170.

8 (6) The Air Force Reserve, 1,336.

9 SEC. 413. END STRENGTHS FOR MILITARY

10 TECHNICIANS (DUAL STATUS).

11 The minimum number of military technicians (dual

12 status) as of the last day of fiscal year 2001 for the re13 serve components of the Army and the Air Force (notwith14 standing section 129 of title 10, United States Code) shall

15 be the following:

16 (1) For the Army National Guard of the

17 United States, 23,128.

18 (2) For the Army Reserve, 5,921.

19 (3) For the Air National Guard of the

20 United States, 22,247.

21 (4) For the Air Force Reserve, 9,785.

22 SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STA23 TUS TECHNICIANS.

24 (a) LIMITATION.—The number of non-dual status

25 technicians employed by the reserve components of the
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1 Army and the Air Force as of September 30, 2001, may

2 not exceed the following:

3 (1) For the Army Reserve, 1,195.

4 (2) For the Army National Guard of the United

5 States, 1,600.

6 (3) For the Air Force Reserve, 10.

7 (4) For the Air National Guard of the United

8 States, 326.

9 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

10 this section, the term ‘‘non-dual status technician’’ has the

11 meaning given that term in section 10217(a) of title 10,

12 United States Code.

13 (c) POSTPONEMENT OF PERMANENT LIMITATION.—

14 Section 10217(c)(2) of title 10, United States Code, is

15 amended by striking ‘‘October 1, 2001’’ and inserting

16 ‘‘October 1, 2002’’.

17 SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN

18 GRADES AUTHORIZED TO BE ON ACTIVE

19 DUTY IN SUPPORT OF THE RESERVES.

20 (a) OFFICERS.—The table in section 12011(a) of title

21 10, United States Code, is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

Major or Lieutenant Commander .......................................... 3,316 1,071 948 140

Lieutenant Colonel or Commander ....................................... 1,759 520 852 90

Colonel or Navy Captain ....................................................... 529 188 317 30’’.
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1 (b) SENIOR ENLISTED MEMBERS.—The table in sec2 tion 12012(a) of such title is amended to read as follows:

‘‘Grade Army Navy Air

Force

Marine

Corps

E–9 ........................................................................................ 764 202 502 20

E–8 ........................................................................................ 2,821 429 1,117 94’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect on October 1, 2000.

5 (d) REPORT.—(1) Not later than March 31, 2001,

6 the Secretary shall submit to the Committee on Armed

7 Services of the Senate and the Committee on Armed Serv8 ices of the House of Representatives a report on manage9 ment of the grade structure for reserve-component officers

10 who are subject to section 12011 of title 10, United States

11 Code, and on the grade structure of enlisted members who

12 are subject to section 12012 of that title. The Secretary

13 of Defense shall include in the report recommendations

14 for a permanent solution for managing the grade struc15 tures for those officers and enlisted members without re16 quirement for frequent statutory adjustments to the limi17 tations in those sections.

18 (2) In developing recommendations for the report

19 under paragraph(1), the Secretary shall consider the fol20 lowing areas:

21 (A) The grade structure authorized for field22 grade officers in the active-duty forces and the rea23 sons why the grade structure for field-grade reserve
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1 officers on active duty in support of the reserves is

2 different.

3 (B) The grade structure authorized for senior

4 enlisted members in the active-duty forces and the

5 reasons why the grade structure for senior enlisted

6 reserve members on active duty in support of the re7 serves is different.

8 (C) The need for independent grade limits for

9 each reserve component under sections 12011 and

10 12012 of title 10, United States Code.

11 (D) The advantages and disadvantage of replac12 ing management by the current grade tables in those

13 sections with management through a system based

14 on the grade authorized for the position occupied by

15 the member.

16 (E) The current mix within each reserve compo17 nent, for each controlled grade, of (i) traditional re18 servists, (ii) military technicians, (iii) regular compo19 nent members, and (iv) reserve members on active

20 duty in support of the reserves, and how that mix,

21 for each component, would shift over time under the

22 Secretary’s recommended solution as specified in

23 paragraph (1).
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1 Subtitle C—Other Matters Relating

2 to Personnel Strengths

3 SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO

4 SUSPEND CERTAIN PERSONNEL STRENGTH

5 LIMITATIONS DURING WAR OR NATIONAL

6 EMERGENCY.

7 (a) SENIOR ENLISTED MEMBERS ON ACTIVE

8 DUTY.—Section 517 of title 10, United States Code, is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(c) Whenever under section 527 of this title the

12 President may suspend the operation of any provision of

13 section 523, 525, or 526 of this title, the Secretary of De14 fense may suspend the operation of any provision of this

15 section. Any such suspension shall, if not sooner ended,

16 end in the manner specified in section 527 for a suspen17 sion under that section.’’.

18 (b) FIELD GRADE RESERVE COMPONENT OFFI19 CERS.—Section 12011 of such title is amended by adding

20 at the end the following new subsection:

21 ‘‘(c) Whenever under section 527 of this title the

22 President may suspend the operation of any provision of

23 section 523, 525, or 526 of this title, the Secretary of De24 fense may suspend the operation of any provision of this

25 section. Any such suspension shall, if not sooner ended,
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1 end in the manner specified in section 527 for a suspen2 sion under that section.’’.

3 (c) SENIOR ENLISTED MEMBER IN RESERVE COMPO4 NENTS.—Section 12012 of such title is amended by add5 ing at the end the following new subsection:

6 ‘‘(c) Whenever under section 527 of this title the

7 President may suspend the operation of any provision of

8 section 523, 525, or 526 of this title, the Secretary of De9 fense may suspend the operation of any provision of this

10 section. Any such suspension shall, if not sooner ended,

11 end in the manner specified in section 527 for a suspen12 sion under that section.’’.

13 SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END

14 STRENGTHS OF CERTAIN RESERVE COMPO15 NENT MEMBERS ON ACTIVE DUTY IN SUP16 PORT OF THE COMBATANT COMMANDS.

17 Section 115(d) of title 10, United States Code, is

18 amended by adding at the end the following new para19 graph:

20 ‘‘(9) Members of reserve components (not de21 scribed in paragraph (8)) on active duty for more

22 than 180 days but less than 271 days to perform

23 special work in support of the combatant commands,

24 except that—
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1 ‘‘(A) general and flag officers may not be

2 excluded under this paragraph; and

3 ‘‘(B) the number of members of any of the

4 armed forces excluded under this paragraph

5 may not exceed the number equal to 0.2 percent

6 of the end strength authorized for active-duty

7 personnel of that armed force under subsection

8 (a)(1)(A).’’.

9 SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL

10 AND DENTAL OFFICERS FROM LIMITATION

11 ON STRENGTHS OF RESERVE COMMISSIONED

12 OFFICERS IN GRADES BELOW BRIGADIER

13 GENERAL.

14 Section 12005(a) of title 10, United States Code, is

15 amended by adding at the end the following new para16 graph:

17 ‘‘(3) Medical officers and dental officers shall not be

18 counted for the purposes of this subsection.’’.

19 SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN

20 NUMBER OF RESERVE COMPONENT PER21 SONNEL SERVING ON ACTIVE DUTY OR FULL22 TIME NATIONAL GUARD DUTY IN CERTAIN

23 GRADES.

24 (a) FIELD GRADE OFFICERS.—Section 12011 of title

25 10, United States Code, as amended by section 421(b),
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1 is amended by adding at the end the following new sub2 section:

3 ‘‘(d) Upon increasing under subsection (c)(2) of sec4 tion 115 of this title the end strength that is authorized

5 under subsection (a)(1)(B) of that section for a fiscal year

6 for active-duty personnel and full-time National Guard

7 duty personnel of an armed force who are to be paid from

8 funds appropriated for reserve personnel, the Secretary of

9 Defense may increase for that fiscal year the limitation

10 that is set forth in subsection (a) of this section for the

11 number of officers of that armed force serving in any

12 grade if the Secretary determines that such action is in

13 the national interest. The percent of the increase may not

14 exceed the percent by which the Secretary increases that

15 end strength.’’.

16 (b) SENIOR ENLISTED PERSONNEL.—Section 12012

17 of such title, as amended by section 421(c), is amended

18 by adding at the end the following new subsection:

19 ‘‘(d) Upon increasing under subsection (c)(2) of sec20 tion 115 of this title the end strength that is authorized

21 under subsection (a)(1)(B) of that section for a fiscal year

22 for active-duty personnel and full-time National Guard

23 duty personnel of an armed force who are to be paid from

24 funds appropriated for reserve personnel, the Secretary of

25 Defense may increase for that fiscal year the limitation
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1 that is set forth in subsection (a) of this section for the

2 number of enlisted members of that armed force serving

3 in any grade if the Secretary determines that such action

4 is in the national interest. The percent of the increase may

5 not exceed the percent by which the Secretary increases

6 that end strength.’’.

7 Subtitle D—Authorization of

8 Appropriations

9 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI10 TARY PERSONNEL.

11 There is hereby authorized to be appropriated to the

12 Department of Defense for military personnel for fiscal

13 year 2001 a total of $75,801,666,000. The authorization

14 in the preceding sentence supersedes any other authoriza15 tion of appropriations (definite or indefinite) for such pur16 pose for fiscal year 2001.

17 TITLE V—MILITARY PERSONNEL

18 POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Eligibility of Army and Air Force Reserve colonels and brigadier generals for position vacancy promotions.

Sec. 502. Flexibility in establishing promotion zones for Coast Guard Reserve

officers.

Sec. 503. Time for release of reports of officer promotion selection boards.

Sec. 504. Clarification of requirements for composition of active-duty list selection boards when reserve officers are under consideration.

Sec. 505. Authority to issue posthumous commissions in the case of members

dying before official recommendation for appointment or promotion is approved by Secretary concerned.

Sec. 506. Technical corrections relating to retired grade of reserve commissioned officers.

Sec. 507. Grade of chiefs of reserve components and directors of National

Guard components.
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Sec. 508. Revision to rules for entitlement to separation pay for regular and

reserve officers.

Subtitle B—Reserve Component Personnel Policy

Sec. 521. Exemption from active-duty list for reserve officers on active duty for

a period of three years or less.

Sec. 522. Termination of application requirement for consideration of officers

for continuation on the reserve active-status list.

Sec. 523. Authority to retain Air Force Reserve officers in all medical specialties until specified age.

Sec. 524. Authority for provision of legal services to reserve component members following release from active duty.

Sec. 525. Extension of involuntary civil service retirement date for certain reserve technicians.

Subtitle C—Education and Training

Sec. 531. Eligibility of children of Reserves for Presidential appointment to

service academies.

Sec. 532. Selection of foreign students to receive instruction at service academies.

Sec. 533. Revision of college tuition assistance program for members of Marine

Corps Platoon Leaders Class program.

Sec. 534. Review of allocation of Junior Reserve Officers Training Corps units

among the services.

Sec. 535. Authority for Naval Postgraduate School to enroll certain defense industry civilians in specified programs relating to defense product development.

Subtitle D—Decorations, Awards, and Commendations

Sec. 541. Limitation on award of Bronze Star to members in receipt of imminent danger pay.

Sec. 542. Consideration of proposals for posthumous or honorary promotions or

appointments of members or former members of the Armed

Forces and other qualified persons.

Sec. 543. Waiver of time limitations for award of certain decorations to certain

persons.

Sec. 544. Addition of certain information to markers on graves containing remains of certain unknowns from the U.S.S. Arizona who died

in the Japanese attack on Pearl Harbor on December 7, 1941.

Sec. 545. Sense of Congress on the court-martial conviction of Captain Charles

Butler McVay, Commander of the U.S.S. Indianapolis, and on

the courageous service of the crew of that vessel.

Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband E.

Kimmel and Major General Walter C. Short, senior officers in

command in Hawaii on December 7, 1941.

Sec. 547. Commendation of citizens of Remy, France, for World War II actions.

Sec. 548. Authority for Award of the Medal of Honor to William H.

Pitsenbarger for valor during the Vietnam War.

Subtitle E—Military Justice and Legal Assistance Matters

Sec. 551. Recognition by States of military testamentary instruments.
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Sec. 552. Policy concerning rights of individuals whose names have been entered into Department of Defense official criminal investigative

reports.

Sec. 553. Limitation on Secretarial authority to grant clemency for military

prisoners serving sentence of confinement for life without eligibility for parole.

Sec. 554. Authority for civilian special agents of military department criminal

investigative organizations to execute warrants and make arrests.

Sec. 555. Requirement for verbatim record in certain special court-martial

cases.

Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of Military Justice.

Subtitle F—Matters Relating to Recruiting

Sec. 561. Army recruiting pilot programs.

Sec. 562. Enhancement of recruitment market research and advertising programs.

Sec. 563. Access to secondary schools for military recruiting purposes.

Sec. 564. Pilot program to enhance military recruiting by improving military

awareness of school counselors and educators.

Subtitle G—Other Matters

Sec. 571. Extension to end of calendar year of expiration date for certain force

drawdown transition authorities.

Sec. 572. Voluntary separation incentive.

Sec. 573. Congressional review period for assignment of women to duty on submarines and for any proposed reconfiguration or design of submarines to accommodate female crew members.

Sec. 574. Management and per diem requirements for members subject to

lengthy or numerous deployments.

Sec. 575. Pay in lieu of allowance for funeral honors duty.

Sec. 576. Test of ability of reserve component intelligence units and personnel

to meet current and emerging defense intelligence needs.

Sec. 577. National Guard Challenge Program.

Sec. 578. Study of use of civilian contractor pilots for operational support missions.

Sec. 579. Reimbursement for expenses incurred by members in connection with

cancellation of leave on short notice.

1 Subtitle A—Officer Personnel

2 Policy

3 SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE

4 COLONELS AND BRIGADIER GENERALS FOR

5 POSITION VACANCY PROMOTIONS.

6 Section 14315(b) of title 10, United States Code, is

7 amended—
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1 (1) in paragraph (1), by inserting after ‘‘(A) is

2 assigned to the duties of a general officer of the next

3 higher reserve grade in the Army Reserve’’ the fol4 lowing: ‘‘or is recommended for such an assignment

5 under regulations prescribed by the Secretary of the

6 Army’’; and

7 (2) in paragraph (2), by inserting after ‘‘(A) is

8 assigned to the duties of a general officer of the next

9 higher reserve grade’’ the following: ‘‘or is rec10 ommended for such an assignment under regulations

11 prescribed by the Secretary of the Air Force’’.

12 SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION

13 ZONES FOR COAST GUARD RESERVE OFFI14 CERS.

15 (a) COAST GUARD RESERVE OFFICER PROMOTION

16 SYSTEM BASED ON DOD ROPMA SYSTEM.—Section

17 729(d) of title 14, United States Code, is amended to read

18 as follows:

19 ‘‘(d)(1) Before convening a selection board to rec20 ommend Reserve officers for promotion, the Secretary

21 shall establish a promotion zone for officers serving in

22 each grade to be considered by the board. The Secretary

23 shall determine the number of officers in the promotion

24 zone for officers serving in any grade from among officers

25 who are eligible for promotion in that grade.
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1 ‘‘(2)(A) Before convening a selection board to rec2 ommend Reserve officers for promotion to a grade (other

3 than the grade of lieutenant (junior grade)), the Secretary

4 shall determine the maximum number of officers in that

5 grade that the board may recommend for promotion.

6 ‘‘(B) The Secretary shall make the determination

7 under subparagraph (A) of the maximum number that

8 may be recommended with a view to having in an active

9 status a sufficient number of Reserve officers in each

10 grade to meet the needs of the Coast Guard for Reserve

11 officers in an active status.

12 ‘‘(C) In order to make the determination under sub13 paragraph (B), the Secretary shall determine the fol14 lowing:

15 ‘‘(i) The number of positions needed to accom16 plish mission objectives that require officers in the

17 grade to which the board will recommend officers for

18 promotion.

19 ‘‘(ii) The estimated number of officers needed

20 to fill vacancies in such positions during the period

21 in which it is anticipated that officers selected for

22 promotion will be promoted.

23 ‘‘(iii) The number of officers authorized by the

24 Secretary to serve in an active status in the grade

25 under consideration.
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1 ‘‘(iv) Any statutory limitation on the number of

2 officers in any grade authorized to be in an active

3 status.

4 ‘‘(3)(A) The Secretary may, when the needs of the

5 Coast Guard require, authorize the consideration of offi6 cers in a grade above lieutenant (junior grade) for pro7 motion to the next higher grade from below the promotion

8 zone.

9 ‘‘(B) When selection from below the promotion zone

10 is authorized, the Secretary shall establish the number of

11 officers that may be recommended for promotion from

12 below the promotion zone. That number may not exceed

13 the number equal to 10 percent of the maximum number

14 of officers that the board is authorized to recommend for

15 promotion, except that the Secretary may authorize a

16 greater number, not to exceed 15 percent of the total num17 ber of officers that the board is authorized to recommend

18 for promotion, if the Secretary determines that the needs

19 of the Coast Guard so require. If the maximum number

20 determined under this subparagraph is less than one, the

21 board may recommend one officer for promotion from

22 below the promotion zone.

23 ‘‘(C) The number of officers recommended for pro24 motion from below the promotion zone does not increase
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1 the maximum number of officers that the board is author2 ized to recommend for promotion under paragraph (2).’’.

3 (b) RUNNING MATE SYSTEM MADE OPTIONAL.—(1)

4 Section 731 of such title is amended—

5 (A) by designating the text of such section as

6 subsection (b);

7 (B) by inserting after the section heading the

8 following:

9 ‘‘(a) AUTHORITY TO USE RUNNING MATE SYS10 TEM.—The Secretary may by regulation implement sec11 tion 729(d)(1) of this title by requiring that the promotion

12 zone for consideration of Reserve officers in an active sta13 tus for promotion to the next higher grade be determined

14 in accordance with a running mate system as provided in

15 subsection (b).’’;

16 (C) in subsection (b), as designated by subpara17 graph (A), by striking ‘‘Subject to the eligibility re18 quirements of this subchapter, a Reserve officer

19 shall’’ and inserting the following: ‘‘CONSIDERATION

20 FOR PROMOTION.—If promotion zones are deter21 mined as authorized under subsection (a), a Reserve

22 officer shall, subject to the eligibility requirements of

23 this subchapter,’’; and

24 (D) by adding at the end the following:
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1 ‘‘(c) CONSIDERATION OF OFFICERS BELOW THE

2 ZONE.—If the Secretary authorizes the selection of offi3 cers for promotion from below the promotion zone in ac4 cordance with section 729(d)(3) of this title, the number

5 of officers to be considered from below the zone may be

6 established through the application of the running mate

7 system under this subchapter or otherwise as the Sec8 retary determines to be appropriate to meet the needs of

9 the Coast Guard.’’.

10 (2)(A) The heading for such section is amended to

11 read as follows:

12 ‘‘§ 731. Establishment of promotion zones under run13 ning mate system’’.

14 (B) The item relating to such section in the table of

15 sections at the beginning of chapter 21 of such title is

16 amended to read as follows:

‘‘731. Establishment of promotion zones under running mate system.’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall apply with respect to selection boards

19 convened under section 730 of title 14, United States

20 Code, on or after the date of the enactment of this Act.

21 SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER

22 PROMOTION SELECTION BOARDS.

23 (a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section

24 618(e) of title 10, United States Code, is amended to read

25 as follows:
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1 ‘‘(e)(1) The names of the officers recommended for

2 promotion in the report of a selection board shall be dis3 seminated to the armed force concerned as follows:

4 ‘‘(A) In the case of officers recommended for

5 promotion to a grade below brigadier general or rear

6 admiral (lower half), such names may be dissemi7 nated upon, or at any time after, the transmittal of

8 the report to the President.

9 ‘‘(B) In the case of officers recommended for

10 promotion to a grade above colonel or, in the case

11 of the Navy, captain, such names may be dissemi12 nated upon, or at any time after, the approval of the

13 report by the President.

14 ‘‘(C) In the case of officers whose names have

15 not been sooner disseminated, such names shall be

16 promptly disseminated upon confirmation by the

17 Senate.

18 ‘‘(2) A list of names of officers disseminated under

19 paragraph (1) may not include—

20 ‘‘(A) any name removed by the President from

21 the report of the selection board containing that

22 name, if dissemination is under the authority of sub23 paragraph (B) of such paragraph; or

24 ‘‘(B) the name of any officer whose promotion

25 the Senate failed to confirm, if dissemination is
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1 under the authority of subparagraph (C) of such

2 paragraph.’’.

3 (b) RESERVE ACTIVE-STATUS LIST OFFICER

4 BOARDS.—The text of section 14112 of title 10, United

5 States Code, is amended to read as follows:

6 ‘‘(a) TIME FOR DISSEMINATION.—The names of the

7 officers recommended for promotion in the report of a se8 lection board shall be disseminated to the armed force con9 cerned as follows:

10 ‘‘(1) In the case of officers recommended for

11 promotion to a grade below brigadier general or rear

12 admiral (lower half), such names may be dissemi13 nated upon, or at any time after, the transmittal of

14 the report to the President.

15 ‘‘(2) In the case of officers recommended for

16 promotion to a grade above colonel or, in the case

17 of the Navy, captain, such names may be dissemi18 nated upon, or at any time after, the approval of the

19 report by the President.

20 ‘‘(3) In the case of officers whose names have

21 not been sooner disseminated, such names shall be

22 promptly disseminated—

23 ‘‘(A) upon confirmation of the promotion

24 of the officers by the Senate (in the case of pro-
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1 motions required to be submitted to the Senate

2 for confirmation); or

3 ‘‘(B) upon the approval of the report by

4 the President (in the case of promotions not re5 quired to be submitted to the Senate for con6 firmation).

7 ‘‘(b) NAMES NOT DISSEMINATED.—A list of names

8 of officers disseminated under subsection (a) may not

9 include—

10 ‘‘(1) any name removed by the President from

11 the report of the selection board containing that

12 name, if dissemination is under the authority of

13 paragraph (2) or (3)(B) of that subsection; or

14 ‘‘(2) the name of any officer whose promotion

15 the Senate failed to confirm, if dissemination is

16 under the authority of paragraph (3)(A) of that sub17 section.’’.

18 SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COM19 POSITION OF ACTIVE-DUTY LIST SELECTION

20 BOARDS WHEN RESERVE OFFICERS ARE

21 UNDER CONSIDERATION.

22 (a) CLARIFICATION.—Section 612(a) of title 10,

23 United States Code, is amended—

24 (1) in paragraph (1)—
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1 (A) by striking ‘‘who are on the active-duty

2 list’’ in the second sentence; and

3 (B) by inserting after the second sentence

4 the following new sentence: ‘‘Each member of a

5 selection board (except as provided in para6 graphs (2), (3), and (4)) shall be an officer on

7 the active-duty list.’’; and

8 (2) in paragraph (3)—

9 (A) by striking ‘‘of that armed force, with

10 the exact number of reserve officers to be’’ and

11 inserting ‘‘of that armed force on active duty

12 (whether or not on the active-duty list). The ac13 tual number of reserve officers shall be’’; and

14 (B) by striking ‘‘his discretion, except

15 that’’ and inserting ‘‘the Secretary’s discretion.

16 Notwithstanding the first sentence of this para17 graph,’’.

18 (b) EFFECTIVE DATE.—The amendments made by

19 subsection (a) shall apply to any selection board convened

20 under section 611(a) of title 10, United States Code, on

21 or after August 1, 1981.
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1 SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMIS2 SIONS IN THE CASE OF MEMBERS DYING BE3 FORE OFFICIAL RECOMMENDATION FOR AP4 POINTMENT OR PROMOTION IS APPROVED

5 BY SECRETARY CONCERNED.

6 (a) REPEAL OF LIMITATION TO DEATHS OCCURRING

7 AFTER SECRETARIAL APPROVAL.—Subsection (a)(3) of

8 section 1521 of title 10, United States Code, is amended

9 by striking ‘‘and the recommendation for whose appoint10 ment or promotion was approved by the Secretary con11 cerned’’.

12 (b) EFFECTIVE DATE OF COMMISSION.—Subsection

13 (b) of such section is amended by striking ‘‘approval’’ both

14 places it appears and inserting ‘‘official recommendation’’.

15 SEC. 506. TECHNICAL CORRECTIONS RELATING TO RE16 TIRED GRADE OF RESERVE COMMISSIONED

17 OFFICERS.

18 (a) ARMY.—Section 3961(a) of title 10, United

19 States Code, is amended by striking ‘‘or for nonregular

20 service under chapter 1223 of this title’’.

21 (b) AIR FORCE.—Section 8961(a) of title 10, United

22 States Code, is amended by striking ‘‘or for nonregular

23 service under chapter 1223 of this title’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 subsections (a) and (b) shall apply to Reserve commis26 sioned officers who are promoted to a higher grade as a
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1 result of selection for promotion by a board convened

2 under chapter 36 or 1403 of title 10, United States Code,

3 or having been found qualified for Federal recognition in

4 a higher grade under chapter 3 of title 32, United States

5 Code, after October 1, 1996.

6 SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS

7 AND DIRECTORS OF NATIONAL GUARD COM8 PONENTS.

9 (a) CHIEF OF ARMY RESERVE.—Subsections (b) and

10 (c) of section 3038 of title 10, United States Code, are

11 amended to read as follows:

12 ‘‘(b) APPOINTMENT.—(1) The President, by and with

13 the advice and consent of the Senate, shall appoint the

14 Chief of Army Reserve from general officers of the Army

15 Reserve who have had at least 10 years of commissioned

16 service in the Army Reserve.

17 ‘‘(2) The Secretary of Defense may not recommend

18 an officer to the President for appointment as Chief of

19 Army Reserve unless the officer—

20 ‘‘(A) is recommended by the Secretary of the

21 Army; and

22 ‘‘(B) is determined by the Chairman of the

23 Joint Chiefs of Staff, in accordance with criteria and

24 as a result of a process established by the Chairman,

25 to have significant joint duty experience.
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1 ‘‘(3) An officer on active duty for service as the Chief

2 of Army Reserve shall be counted for purposes of the

3 grade limitations under sections 525 and 526 of this title.

4 ‘‘(4) Until October 1, 2003, the Secretary of Defense

5 may waive subparagraph (B) of paragraph (2) with re6 spect to the appointment of an officer as Chief of Army

7 Reserve if the Secretary of the Army requests the waiver

8 and, in the judgment of the Secretary of Defense—

9 ‘‘(A) the officer is qualified for service in the

10 position; and

11 ‘‘(B) the waiver is necessary for the good of the

12 service.

13 Any such waiver shall be made on a case-by-case basis.

14 ‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The

15 Chief of Army Reserve is appointed for a period of four

16 years, but may be removed for cause at any time. An offi17 cer serving as Chief of Army Reserve may be reappointed

18 for one additional four-year period.

19 ‘‘(2) The Chief of Army Reserve, while so serving,

20 holds the grade of lieutenant general.’’.

21 (b) CHIEF OF NAVAL RESERVE.—Subsections (b)

22 and (c) of section 5143 of such title are amended to read

23 as follows:

24 ‘‘(b) APPOINTMENT.—(1) The President, by and with

25 the advice and consent of the Senate, shall appoint the
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1 Chief of Naval Reserve from flag officers of the Navy (as

2 defined in section 5001(1)) who have had at least 10 years

3 of commissioned service.

4 ‘‘(2) The Secretary of Defense may not recommend

5 an officer to the President for appointment as Chief of

6 Naval Reserve unless the officer—

7 ‘‘(A) is recommended by the Secretary of the

8 Navy; and

9 ‘‘(B) is determined by the Chairman of the

10 Joint Chiefs of Staff, in accordance with criteria and

11 as a result of a process established by the Chairman,

12 to have significant joint duty experience.

13 ‘‘(3) An officer on active duty for service as the Chief

14 of Naval Reserve shall be counted for purposes of the

15 grade limitations under sections 525 and 526 of this title.

16 ‘‘(4) Until October 1, 2003, the Secretary of Defense

17 may waive subparagraph (B) of paragraph (2) with re18 spect to the appointment of an officer as Chief of Naval

19 Reserve if the Secretary of the Navy requests the waiver

20 and, in the judgment of the Secretary of Defense—

21 ‘‘(A) the officer is qualified for service in the

22 position; and

23 ‘‘(B) the waiver is necessary for the good of the

24 service.

25 Any such waiver shall be made on a case-by-case basis.
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1 ‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The

2 Chief of Naval Reserve is appointed for a term determined

3 by the Chief of Naval Operations, normally four years, but

4 may be removed for cause at any time. An officer serving

5 as Chief of Naval Reserve may be reappointed for one ad6 ditional term of up to four years.

7 ‘‘(2) The Chief of Naval Reserve, while so serving,

8 holds the grade of vice admiral.’’.

9 (c) COMMANDER, MARINE FORCES RESERVE.—Sub10 sections (b) and (c) of section 5144 of such title are

11 amended to read as follows:

12 ‘‘(b) APPOINTMENT.—(1) The President, by and with

13 the advice and consent of the Senate, shall appoint the

14 Commander, Marine Forces Reserve, from general officers

15 of the Marine Corps (as defined in section 5001(2)) who

16 have had at least 10 years of commissioned service.

17 ‘‘(2) The Secretary of Defense may not recommend

18 an officer to the President for appointment as Com19 mander, Marine Forces Reserve, unless the officer—

20 ‘‘(A) is recommended by the Secretary of the

21 Navy; and

22 ‘‘(B) is determined by the Chairman of the

23 Joint Chiefs of Staff, in accordance with criteria and

24 as a result of a process established by the Chairman,

25 to have significant joint duty experience.
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1 ‘‘(3) An officer on active duty for service as the Com2 mander, Marine Forces Reserve, shall be counted for pur3 poses of the grade limitations under sections 525 and 526

4 of this title.

5 ‘‘(4) Until October 1, 2003, the Secretary of Defense

6 may waive subparagraph (B) of paragraph (2) with re7 spect to the appointment of an officer as Commander, Ma8 rine Forces Reserve, if the Secretary of the Navy requests

9 the waiver and, in the judgment of the Secretary of

10 Defense—

11 ‘‘(A) the officer is qualified for service in the

12 position; and

13 ‘‘(B) the waiver is necessary for the good of the

14 service.

15 Any such waiver shall be made on a case-by-case basis.

16 ‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The

17 Commander, Marine Forces Reserve, is appointed for a

18 term determined by the Commandant of the Marine

19 Corps, normally four years, but may be removed for cause

20 at any time. An officer serving as Commander, Marine

21 Forces Reserve, may be reappointed for one additional

22 term of up to four years.

23 ‘‘(2) The Commander, Marine Forces Reserve, while

24 so serving, holds the grade of lieutenant general.’’.
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1 (d) CHIEF OF AIR FORCE RESERVE.—Subsections

2 (b) and (c) of section 8038 of such title are amended to

3 read as follows:

4 ‘‘(b) APPOINTMENT.—(1) The President, by and with

5 the advice and consent of the Senate, shall appoint the

6 Chief of Air Force Reserve from general officers of the

7 Air Force Reserve who have had at least 10 years of com8 missioned service in the Air Force.

9 ‘‘(2) The Secretary of Defense may not recommend

10 an officer to the President for appointment as Chief of

11 Air Force Reserve unless the officer—

12 ‘‘(A) is recommended by the Secretary of the

13 Air Force; and

14 ‘‘(B) is determined by the Chairman of the

15 Joint Chiefs of Staff, in accordance with criteria and

16 as a result of a process established by the Chairman,

17 to have significant joint duty experience.

18 ‘‘(3) An officer on active duty for service as the Chief

19 of Air Force Reserve shall be counted for purposes of the

20 grade limitations under sections 525 and 526 of this title.

21 ‘‘(4) Until October 1, 2003, the Secretary of Defense

22 may waive subparagraph (B) of paragraph (2) with re23 spect to the appointment of an officer as Chief of Air

24 Force Reserve if the Secretary of the Air Force requests
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1 the waiver and, in the judgment of the Secretary of

2 Defense—

3 ‘‘(A) the officer is qualified for service in the

4 position; and

5 ‘‘(B) the waiver is necessary for the good of the

6 service.

7 Any such waiver shall be made on a case-by-case basis.

8 ‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The

9 Chief of Air Force Reserve is appointed for a period of

10 four years, but may be removed for cause at any time.

11 An officer serving as Chief of Air Force Reserve may be

12 reappointed for one additional four-year period.

13 ‘‘(2) The Chief of Air Force Reserve, while so serving,

14 holds the grade of lieutenant general.’’.

15 (e) DIRECTORS IN THE NATIONAL GUARD BU16 REAU.—Section 10506(a) of such title is amended—

17 (1) in subparagraphs (A) and (B) of paragraph

18 (1), by striking ‘‘while so serving shall hold the

19 grade of major general or, if appointed to that posi20 tion in accordance with section 12505(a)(2) of this

21 title, the grade of lieutenant general, and’’ and in22 serting ‘‘shall be appointed in accordance with para23 graph (3), shall hold the grade of lieutenant general

24 while so serving, and shall’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(3)(A) The President, by and with the advice and

4 consent of the Senate, shall appoint the Director, Army

5 National Guard, from general officers of the Army Na6 tional Guard of the United States and shall appoint the

7 Director, Air National Guard, from general officers of the

8 Air National Guard of the United States.

9 ‘‘(B) The Secretary of Defense may not recommend

10 an officer to the President for appointment as Director,

11 Army National Guard, or as Director, Air National Guard,

12 unless the officer—

13 ‘‘(i) is recommended by the Secretary of the

14 military department concerned; and

15 ‘‘(ii) is determined by the Chairman of the

16 Joint Chiefs of Staff, in accordance with criteria and

17 as a result of a process established by the Chairman,

18 to have significant joint duty experience.

19 ‘‘(C) An officer on active duty for service as the Di20 rector, Army National Guard, or the Director, Air Na21 tional Guard, shall be counted for purposes of the grade

22 limitations under sections 525 and 526 of this title.

23 ‘‘(D) Until October 1, 2003, the Secretary of Defense

24 may waive clause (ii) of subparagraph (B) with respect

25 to the appointment of an officer as Director, Army Na-
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1 tional Guard, or as Director, Air National Guard, if the

2 Secretary of the military department concerned requests

3 the waiver and, in the judgment of the Secretary of

4 Defense—

5 ‘‘(i) the officer is qualified for service in the po6 sition; and

7 ‘‘(ii) the waiver is necessary for the good of the

8 service.

9 Any such waiver shall be made on a case-by-case basis.

10 ‘‘(E) The Director, Army National Guard, and the

11 Director, Air National Guard, are appointed for a period

12 of four years, but may be removed for cause at any time.

13 An officer serving as either Director may be reappointed

14 for one additional four-year period.’’.

15 (f) REPEAL OF SUPERSEDED SECTION.—(1) Section

16 12505 of such title is repealed.

17 (2) The table of sections at the beginning of chapter

18 1213 is amended by striking the item relating to section

19 12505.

20 (g) CONFORMING INCREASE IN AUTHORIZED NUM21 BER OF O–9 POSITIONS.—Section 525(b) of such title is

22 amended—

23 (1) in paragraph (1)—
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1 (A) by striking ‘‘Army, Air Force, or Ma2 rine Corps’’ in the first sentence and inserting

3 ‘‘Army or Air Force’’;

4 (B) by striking ‘‘15 percent’’ both places it

5 appears and inserting ‘‘15.7 percent’’;

6 (C) by striking ‘‘In the case of the Army

7 and Air Force, of’’ at the beginning of the sec8 ond sentence and inserting ‘‘Of’’; and

9 (D) by inserting ‘‘of the Army or Air

10 Force’’ in the second sentence after ‘‘general of11 ficers’’; and

12 (2) in paragraph (2)—

13 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’;

14 (B) by striking ‘‘15 percent’’ both places it

15 appears and inserting ‘‘15.7 percent’’; and

16 (C) by adding at the end the following:

17 ‘‘(B) No appointment may be made in a grade above

18 major general in the Marine Corps if that appointment

19 would result in more than 16.2 percent of the general offi20 cers of the Marine Corps on active duty being in grades

21 above major general.’’.

22 (h) STUDY OF INCREASE IN GRADE FOR VICE CHIEF

23 OF NATIONAL GUARD BUREAU.—(1) The Secretary of

24 Defense shall conduct a study of the advisability of chang-
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1 ing the grade authorized for the Vice Chief of the National

2 Guard Bureau from major general to lieutenant general.

3 (2) As part of the study, the Chief of the National

4 Guard Bureau shall submit to the Secretary of Defense

5 an analysis of the functions and responsibilities of the Vice

6 Chief of the National Guard Bureau and the Chief’s rec7 ommendation as to whether the grade for the Vice Chief

8 should be changed from major general to lieutenant gen9 eral.

10 (3) Not later than February 1, 2001, the Secretary

11 shall submit to the Committees on Armed Services of the

12 Senate and House of Representatives a report on the

13 study. The report shall include the following—

14 (A) the recommendation of the Chief of the Na15 tional Guard Bureau and any other information pro16 vided by the Chief to the Secretary of Defense pur17 suant to paragraph (2);

18 (B) the conclusions resulting from the study;

19 and

20 (C) the Secretary’s recommendations regarding

21 whether the grade authorized for the Vice Chief of

22 the National Guard Bureau should be changed to

23 lieutenant general.

24 (i) IMPLEMENTATION.—(1) An appointment or re25 appointment, in the case of the incumbent in a reserve
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1 component chief position, shall be made to each of the re2 serve component chief positions not later than 12 months

3 after the date of the enactment of this Act, in accordance

4 with the amendments made by subsections (a) through (e).

5 (2) An officer serving in a reserve component chief

6 position on the date of the enactment of this Act may be

7 reappointed to that position under the amendments made

8 by subsection (a) through (e), if eligible and otherwise

9 qualified in accordance with those amendments. If such

10 an officer is so reappointed, the appointment may be made

11 for the remainder of the officer’s original term or for a

12 full new term, as specified at the time of the appointment.

13 (3) An officer serving on the date of the enactment

14 of this Act in a reserve component chief position may con15 tinue to serve in that position in accordance with the pro16 visions of law in effect immediately before the amend17 ments made by this section until a successor is appointed

18 under paragraph (1) (or that officer is reappointed under

19 paragraph (1)).

20 (4) The amendments made by subsection (g) shall be

21 implemented so that each increase authorized by those

22 amendments in the number of officers in the grades of

23 lieutenant general and vice admiral is implemented on a

24 case-by-case basis with an initial appointment made after
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1 the date of the enactment of this Act, as specified in para2 graph (1), to a reserve component chief position.

3 (5) For purposes of this subsection, the term ‘‘reserve

4 component chief position’’ means a position specified in

5 section 3038, 5143, 5144, or 8038 of title 10, United

6 States Code, or the position of Director, Army National

7 Guard or Director, Air National Guard under section

8 10506(a)(1) of such title.

9 SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPA10 RATION PAY FOR REGULAR AND RESERVE

11 OFFICERS.

12 (a) REGULAR OFFICERS.—Subsection (a) of section

13 1174 of title 10, United States Code, is amended by add14 ing at the end the following new paragraph:

15 ‘‘(4) Notwithstanding paragraphs (1) and (2), an of16 ficer who is subject to discharge under any provision of

17 chapter 36 of this title or under section 580 or 6383 of

18 this title by reason of having twice failed of selection for

19 promotion to the next higher grade is not entitled to sepa20 ration pay under this section if that officer, after such sec21 ond failure of selection for promotion, is selected for, and

22 declines, continuation on active duty for a period that is

23 equal to or more than the amount of service required to

24 qualify the officer for retirement.’’.
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1 (b) RESERVE OFFICERS.—Subsection (c) of such sec2 tion is amended by adding at the end the following new

3 paragraph:

4 ‘‘(4) In the case of an officer who is subject to dis5 charge or release from active duty under a law or regula6 tion requiring that an officer who has failed of selection

7 for promotion to the next higher grade for the second time

8 be discharged or released from active duty and who, after

9 such second failure of selection for promotion, is selected

10 for, and declines, continuation on active duty—

11 ‘‘(A) if the period of time for which the officer

12 was selected for continuation on active duty is less

13 than the amount of service that would be required

14 to qualify the officer for retirement, the officer’s dis15 charge or release from active duty shall be consid16 ered to be involuntary for purposes of paragraph

17 (1)(A); and

18 ‘‘(B) if the period of time for which the officer

19 was selected for continuation on active duty is equal

20 to or more than the amount of service that would be

21 required to qualify the officer for retirement, the of22 ficer’s discharge or release from active duty shall not

23 be considered to be involuntary for the purposes of

24 paragraph (1)(A).’’.
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1 (c) EFFECTIVE DATE.—Paragraph (4) of section

2 1174(a) of title 10, United States Code, as added by sub3 section (a), and paragraph (4) of section 1174(c) of such

4 title, as added by subsection (b), shall apply with respect

5 to any offer of selective continuation on active duty that

6 is declined on or after the date of the enactment of this

7 Act.

8 Subtitle B—Reserve Component

9 Personnel Policy

10 SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RE11 SERVE OFFICERS ON ACTIVE DUTY FOR A PE12 RIOD OF THREE YEARS OR LESS.

13 Section 641(1) of title 10, United States Code, is

14 amended—

15 (1) by redesignating subparagraphs (D)

16 through (G) as subparagraphs (E) through (H), re17 spectively; and

18 (2) by inserting after subparagraph (C) the fol19 lowing new subparagraph:

20 ‘‘(D) on the reserve active-status list who

21 are on active duty under section 12301(d) of

22 this title, other than as provided in subpara23 graph (C), under a call or order to active duty

24 specifying a period of three years or less;’’.
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1 SEC. 522. TERMINATION OF APPLICATION REQUIREMENT

2 FOR CONSIDERATION OF OFFICERS FOR

3 CONTINUATION ON THE RESERVE ACTIVE4 STATUS LIST.

5 Section 14701(a)(1) of title 10, United States Code,

6 is amended by striking ‘‘Upon application, a reserve offi7 cer’’ and inserting ‘‘A reserve officer’’.

8 SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OF9 FICERS IN ALL MEDICAL SPECIALTIES UNTIL

10 SPECIFIED AGE.

11 Section 14703(a)(3) of title 10, United States Code,

12 is amended by striking ‘‘veterinary officer’’ and all that

13 follows through the period and inserting ‘‘Air Force nurse,

14 Medical Service Corps officer, biomedical sciences officer,

15 or chaplain.’’.

16 SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES

17 TO RESERVE COMPONENT MEMBERS FOL18 LOWING RELEASE FROM ACTIVE DUTY.

19 (a) LEGAL SERVICES.—Section 1044(a) of title 10,

20 United States Code, is amended—

21 (1) by redesignating paragraph (4) as para22 graph (5); and

23 (2) by inserting after paragraph (3) the fol24 lowing new paragraph (4):

25 ‘‘(4) Members of reserve components not cov26 ered by paragraph (1) or (2) following release from
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1 active duty under a call or order to active duty for

2 more than 30 days issued under a mobilization au3 thority (as determined by the Secretary of Defense),

4 for a period of time, prescribed by the Secretary of

5 Defense, that begins on the date of the release and

6 is not less than twice the length of the period served

7 on active duty under that call or order to active

8 duty.’’.

9 (b) DEPENDENTS.—Paragraph (5) of such section,

10 as redesignated by subsection (a)(1), is amended by strik11 ing ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.

12 (c) IMPLEMENTING REGULATIONS.—Regulations to

13 implement the amendments made by this section shall be

14 prescribed not later than 180 days after the date of the

15 enactment of this Act.

16 SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RE17 TIREMENT DATE FOR CERTAIN RESERVE

18 TECHNICIANS.

19 (a) MANDATORY RETIREMENT NOT APPLICABLE

20 UNTIL AGE 60.—Section 10218 of title 10, United States

21 Code, is amended—

22 (1) in subsection (a)—

23 (A) by inserting ‘‘and is age 60 or older at

24 that time’’ after ‘‘unreduced annuity’’ in para25 graph (2);
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1 (B) by inserting ‘‘or is under age 60 at

2 that time’’ after ‘‘unreduced annuity’’ in para3 graph (3)(A); and

4 (C) by inserting ‘‘and becoming 60 years

5 of age’’ after ‘‘unreduced annuity’’ in para6 graph (3)(B)(ii)(I); and

7 (2) in subsection (b)—

8 (A) by inserting ‘‘and is age 60 or older’’

9 after ‘‘unreduced annuity’’ in paragraph (1);

10 (B) by inserting ‘‘or is under age 60’’ after

11 ‘‘unreduced annuity’’ in paragraph (2)(A); and

12 (C) by inserting ‘‘and becoming 60 years

13 of age’’ after ‘‘unreduced annuity’’ in para14 graph (2)(B)(ii)(I).

15 (b) TRANSITION PROVISION.—(1) An individual who

16 before the date of the enactment of this Act was involun17 tarily separated or retired from employment as an Army

18 Reserve or Air Force Reserve technician under section

19 10218 of title 10, United States Code, and who would not

20 have been so separated if the provisions of subsection (c)

21 of that section, as amended by subsection (a), had been

22 in effect at the time of such separation may, with the ap23 proval of the Secretary concerned, be reinstated to the

24 technician status held by that individual immediately be25 fore that separation. The effective date of any such rein-
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1 statement is the date the employee resumes technician sta2 tus.

3 (2) The authority under paragraph (1) applies only

4 to reinstatement for which an application is received by

5 the Secretary concerned before the end of the one-year pe6 riod beginning on the date of the enactment of this Act.

7 Subtitle C—Education and

8 Training

9 SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR

10 PRESIDENTIAL APPOINTMENT TO SERVICE

11 ACADEMIES.

12 (a) UNITED STATES MILITARY ACADEMY.—Section

13 4342(b)(1) of title 10, United States Code, is amended—

14 (1) in subparagraph (B), by striking ‘‘, other

15 than those granted retired pay under section 12731

16 of this title (or under section 1331 of this title as

17 in effect before the effective date of the Reserve Of18 ficer Personnel Management Act)’’; and

19 (2) by inserting after subparagraph (B) the fol20 lowing:

21 ‘‘(C) are serving as members of reserve

22 components and are credited with at least eight

23 years of service computed under section 12733

24 of this title; or
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1 ‘‘(D) would be, or who died while they

2 would have been, entitled to retired pay under

3 chapter 1223 of this title except for not having

4 attained 60 years of age;’’.

5 (b) UNITED STATES NAVAL ACADEMY.—Section

6 6954(b)(1) of such title is amended—

7 (1) in subparagraph (B), by striking ‘‘, other

8 than those granted retired pay under section 12731

9 of this title (or under section 1331 of this title as

10 in effect before the effective date of the Reserve Of11 ficer Personnel Management Act)’’; and

12 (2) by inserting after subparagraph (B) the fol13 lowing:

14 ‘‘(C) are serving as members of reserve

15 components and are credited with at least eight

16 years of service computed under section 12733

17 of this title; or

18 ‘‘(D) would be, or who died while they

19 would have been, entitled to retired pay under

20 chapter 1223 of this title except for not having

21 attained 60 years of age;’’.

22 (c) UNITED STATES AIR FORCE ACADEMY.—Section

23 9342(b)(1) of such title is amended—

24 (1) in subparagraph (B), by striking ‘‘, other

25 than those granted retired pay under section 12731
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1 of this title (or under section 1331 of this title as

2 in effect before the effective date of the Reserve Of3 ficer Personnel Management Act)’’; and

4 (2) by inserting after subparagraph (B) the fol5 lowing:

6 ‘‘(C) are serving as members of reserve

7 components and are credited with at least eight

8 years of service computed under section 12733

9 of this title; or

10 ‘‘(D) would be, or who died while they

11 would have been, entitled to retired pay under

12 chapter 1223 of this title except for not having

13 attained 60 years of age;’’.

14 SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE

15 INSTRUCTION AT SERVICE ACADEMIES.

16 (a) UNITED STATES MILITARY ACADEMY.—Section

17 4344(a) of title 10, United States Code, is amended by

18 adding at the end the following new paragraph:

19 ‘‘(3) In selecting persons to receive instruction under

20 this section from among applicants from the countries ap21 proved under paragraph (2), the Secretary of the Army

22 shall give a priority to persons who have a national service

23 obligation to their countries upon graduation from the

24 Academy.’’.
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1 (b) UNITED STATES NAVAL ACADEMY.—Section

2 6957(a) of such title is amended by adding at the end

3 the following new paragraph:

4 ‘‘(3) In selecting persons to receive instruction under

5 this section from among applicants from the countries ap6 proved under paragraph (2), the Secretary of the Navy

7 shall give a priority to persons who have a national service

8 obligation to their countries upon graduation from the

9 Academy.’’.

10 (c) UNITED STATES AIR FORCE ACADEMY.—Section

11 9344(a) of such title is amended by adding at the end

12 the following new paragraph:

13 ‘‘(3) In selecting persons to receive instruction under

14 this section from among applicants from the countries ap15 proved under paragraph (2), the Secretary of the Air

16 Force shall give a priority to persons who have a national

17 service obligation to their countries upon graduation from

18 the Academy.’’.

19 (d) APPLICABILITY.—The amendments made by this

20 section shall apply with respect to academic years that

21 begin after October 1, 2000.
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1 SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE

2 PROGRAM FOR MEMBERS OF MARINE CORPS

3 PLATOON LEADERS CLASS PROGRAM.

4 (a) ELIGIBILITY OF OFFICERS.—Section 16401 of

5 title 10, United States Code, is amended—

6 (1) in subsection (a), by striking ‘‘enlisted’’ in

7 the matter preceding paragraph (1); and

8 (2) in subsection (b)(1)—

9 (A) by striking ‘‘an enlisted member’’ in

10 the matter preceding subparagraph (A) and in11 serting ‘‘a member’’; and

12 (B) by striking ‘‘an officer candidate in’’ in

13 subparagraph (A) and inserting ‘‘a member of’’.

14 (b) REPEAL OF AGE LIMITATIONS.—Subsection (b)

15 of such section is amended—

16 (1) in paragraph (1)—

17 (A) by striking subparagraph (B);

18 (B) by redesignating subparagraphs (C)

19 and (D) as subparagraphs (B) and (C), respec20 tively; and

21 (C) in subparagraph (C), as so redesig22 nated, by striking ‘‘paragraph (3)’’ and insert23 ing ‘‘paragraph (2)’’;

24 (2) by striking paragraph (2);

25 (3) by redesignating paragraph (3) as para26 graph (2); and
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1 (4) in paragraph (2), as so redesignated, by

2 striking ‘‘paragraph (1)(D)’’ and inserting ‘‘para3 graph (1)(C)’’.

4 (c) CANDIDATES FOR LAW DEGREES.—Subsection

5 (a)(2) of such section is amended by striking ‘‘three’’ and

6 inserting ‘‘four’’.

7 (d) SANCTIONS; EXCEPTIONS.—Subsection (f) of

8 such section is amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘A member who’’ and in11 serting ‘‘An enlisted member who’’;

12 (B) by inserting ‘‘and an officer who re13 ceives financial assistance under this section

14 may be required to repay the full amount of fi15 nancial assistance,’’ after ‘‘for more than four

16 years,’’; and

17 (C) by inserting ‘‘or, if already a commis18 sioned officer in the Marine Corps, refuses to

19 accept an assignment on active duty when of20 fered’’ in subparagraph (A) after ‘‘when of21 fered’’; and

22 (2) by striking paragraph (2) and inserting the

23 following:

24 ‘‘(2) The Secretary of the Navy may waive the re25 quirements of paragraph (1) in the case of a person who—
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1 ‘‘(A) becomes unqualified to serve on active

2 duty as an officer due to a circumstance not within

3 the control of the person;

4 ‘‘(B) is not physically qualified for appointment

5 under section 532 of this title and later is deter6 mined by the Secretary of the Navy under section

7 505 of this title to be unqualified for service as an

8 enlisted member of the Marine Corps due to a phys9 ical or medical condition that was not the result of

10 misconduct or grossly negligent conduct; or

11 ‘‘(C) fails to complete the military or academic

12 requirements of the Marine Corps Platoon Leaders

13 Class program due to a circumstance not within the

14 control of the person.’’.

15 (e) CLARIFICATION OF SERVICE EXCLUDED IN COM16 PUTATION OF CREDITABLE SERVICE AS A MARINE CORPS

17 OFFICER.—(1) Section 205(f) of title 37, United States

18 Code, is amended by striking ‘‘that the officer performed

19 concurrently as a member’’ and inserting ‘‘that the officer

20 performed concurrently as an enlisted member’’.

21 (2) Such section is further amended by striking ‘‘sec22 tion 12209’’ and inserting ‘‘section 12203’’.

23 (f) AMENDMENTS OF HEADINGS.—(1) The heading

24 of section 16401 of title 10, United States Code, is amend25 ed to read as follows:
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1 ‘‘§ 16401. Marine Corps Platoon Leaders Class: college

2 tuition assistance program’’.

3 (2) The heading for subsection (a) of such section

4 is amended by striking ‘‘FOR FINANCIAL ASSISTANCE

5 PROGRAM’’.

6 (g) CLERICAL AMENDMENT.—The item relating to

7 such section in the table of chapters at the beginning of

8 chapter 1611 of title 10, United States Code, is amended

9 to read as follows:

‘‘16401. Marine Corps Platoon Leaders Class: college tuition assistance program.’’.

10 SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE

11 OFFICERS TRAINING CORPS UNITS AMONG

12 THE SERVICES.

13 (a) REALLOCATION OF JROTC UNITS.—Not later

14 than March 31, 2001, the Secretary of Defense shall—

15 (1) review the allocation among the military de16 partments of the statutory maximum number of

17 Junior Reserve Officers’ Training Corps (JROTC)

18 units; and

19 (2) redistribute the allocation of those units

20 planned (as of the date of the enactment of this Act)

21 for fiscal years 2001 through 2006 so as to increase

22 the number of units for a military department that

23 proposes to more quickly eliminate the current wait-
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1 ing list for such units and to commit the necessary

2 resources for that purpose.

3 (b) PROPOSAL FOR INCREASE IN STATUTORY MAX4 IMUM.—If, based on the review under subsection (a) and

5 the redistribution of the allocation of JROTC units under

6 that subsection, the Secretary determines that an increase

7 in the statutory maximum number of such units is war8 ranted, the Secretary shall include a proposal for such an

9 increase in the budget proposal of the Department of De10 fense for fiscal year 2002.

11 SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL

12 TO ENROLL CERTAIN DEFENSE INDUSTRY CI13 VILIANS IN SPECIFIED PROGRAMS RELATING

14 TO DEFENSE PRODUCT DEVELOPMENT.

15 (a) IN GENERAL.—(1) Chapter 605 of title 10,

16 United States Code, is amended by adding at the end the

17 following new section:

18 ‘‘§ 7049. Defense industry civilians: admission to de19 fense product development program

20 ‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of

21 the Navy may permit eligible defense industry employees

22 to receive instruction at the Naval Postgraduate School

23 in accordance with this section. Any such defense industry

24 employee may only be enrolled in, and may only be pro25 vided instruction in, a program leading to a masters’s de-
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1 gree in a curriculum related to defense product develop2 ment. No more than 10 such defense industry employees

3 may be enrolled at any one time. Upon successful comple4 tion of the course of instruction in which enrolled, any

5 such defense industry employee may be awarded an appro6 priate degree under section 7048 of this title.

7 ‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—

8 For purposes of this section, an eligible defense industry

9 employee is an individual employed by a private firm that

10 is engaged in providing to the Department of Defense sig11 nificant and substantial defense-related systems, products,

12 or services. A defense industry employee admitted for in13 struction at the school remains eligible for such instruction

14 only so long at that person remains employed by the same

15 firm.

16 ‘‘(c) ANNUAL CERTIFICATION BY THE SECRETARY

17 OF THE NAVY.—Defense industry employees may receive

18 instruction at the school during any academic year only

19 if, before the start of that academic year, the Secretary

20 of the Navy determines, and certifies to the Committee

21 on Armed Services of the Senate and the Committee on

22 Armed Services of the House of Representatives, that pro23 viding instruction to defense industry employees under

24 this section during that year—
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1 ‘‘(1) will further the military mission of the

2 school;

3 ‘‘(2) will enhance the ability of the Department

4 of Defense and defense-oriented private sector con5 tractors engaged in the design and development of

6 defense systems to reduce the product and project

7 lead times required to bring such systems to initial

8 operational capability; and

9 ‘‘(3) will be done on a space-available basis and

10 not require an increase in the size of the faculty of

11 the school, an increase in the course offerings of the

12 school, or an increase in the laboratory facilities or

13 other infrastructure of the school.

14 ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of

15 the Navy shall ensure that—

16 ‘‘(1) the curriculum for the defense product de17 velopment program in which defense industry em18 ployees may be enrolled under this section is not

19 readily available through other schools and con20 centrates on defense product development functions

21 that are conducted by military organizations and de22 fense contractors working in close cooperation; and

23 ‘‘(2) the course offerings at the school continue

24 to be determined solely by the needs of the Depart25 ment of Defense.
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1 ‘‘(e) TUITION.—The Superintendent of the school

2 shall charge tuition for students enrolled under this sec3 tion at a rate not less than the rate charged for employees

4 of the United States outside the Department of the Navy.

5 ‘‘(f) STANDARDS OF CONDUCT.—While receiving in6 struction at the school, students enrolled under this sec7 tion, to the extent practicable, are subject to the same reg8 ulations governing academic performance, attendance,

9 norms of behavior, and enrollment as apply to Government

10 civilian employees receiving instruction at the school.

11 ‘‘(g) USE OF FUNDS.—Amounts received by the

12 school for instruction of students enrolled under this sec13 tion shall be retained by the school to defray the costs

14 of such instruction. The source, and the disposition, of

15 such funds shall be specifically identified in records of the

16 school.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘7049. Defense industry civilians: admission to defense product development

program.’’.

20 (b) PROGRAM EVALUATION AND REPORT.—(1) Be21 fore the start of the fourth year of instruction, but no ear22 lier than the start of the third year of instruction, of de23 fense industry employees at the Naval Postgraduate

24 School under section 7049 of title 10, United States Code,
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1 as added by subsection (a), the Secretary of the Navy shall

2 conduct an evaluation of the admission of such students

3 under that section. The evaluation shall include the fol4 lowing:

5 (A) An assessment of whether the authority for

6 instruction of nongovernment civilians at the school

7 has resulted in a discernible benefit for the Govern8 ment.

9 (B) Determination of whether the receipt and

10 disposition of funds received by the school as tuition

11 for instruction of such civilians at the school have

12 been properly identified in records of the school.

13 (C) A summary of the disposition and uses

14 made of those funds.

15 (D) An assessment of whether instruction of

16 such civilians at the school is in the best interests

17 of the Government.

18 (2) Not later than 30 days after completing the eval19 uation referred to in paragraph (1), the Secretary of the

20 Navy shall submit to the Secretary of Defense a report

21 on the program under such section. The report shall

22 include—

23 (A) the results of the evaluation under para24 graph (1);
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1 (B) the Secretary’s conclusions and rec2 ommendation with respect to continuing to allow

3 nongovernment civilians to receive instruction at the

4 Naval Postgraduate School as part of a program re5 lated to defense product development; and

6 (C) any proposals for legislative changes rec7 ommended by the Secretary.

8 (3) Not later than 60 days after receiving the report

9 of the Secretary of the Navy under paragraph (2), the Sec10 retary of Defense shall submit the report, together with

11 any comments that the Secretary considers appropriate,

12 to the Committee on Armed Services of the Senate and

13 the Committee on Armed Services of the House of Rep14 resentatives.

15 Subtitle D—Decorations, Awards,

16 and Commendations

17 SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO

18 MEMBERS IN RECEIPT OF IMMINENT DAN19 GER PAY.

20 (a) IN GENERAL.—Chapter 57 of title 10, United

21 States Code, is amended by adding at the end the fol22 lowing new section:
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1 ‘‘§ 1133. Bronze Star: limitation to members receiving

2 imminent danger pay

3 ‘‘The decoration known as the ‘Bronze Star’ may only

4 be awarded to a member of the armed forces who is in

5 receipt of special pay under section 310 of title 37 at the

6 time of the events for which the decoration is to be award7 ed or who receives such pay as a result of those events.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of such chapter is amended by adding

10 at the end the following new item:

‘‘1133. Bronze star: limitation to members receiving imminent danger pay.’’.

11 SEC. 542. CONSIDERATION OF PROPOSALS FOR POST12 HUMOUS OR HONORARY PROMOTIONS OR

13 APPOINTMENTS OF MEMBERS OR FORMER

14 MEMBERS OF THE ARMED FORCES AND

15 OTHER QUALIFIED PERSONS.

16 (a) IN GENERAL.—Chapter 80 of title 10, United

17 States Code, is amended by adding at the end the fol18 lowing new section:

19 ‘‘§ 1563. Consideration of proposals for posthumous

20 and honorary promotions and appoint21 ments: procedures for review and rec22 ommendation

23 ‘‘(a) REVIEW BY SECRETARY CONCERNED.—Upon

24 request of a Member of Congress, the Secretary concerned

25 shall review a proposal for the posthumous or honorary
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1 promotion or appointment of a member or former member

2 of the armed forces, or any other person considered quali3 fied, that is not otherwise authorized by law. Based upon

4 such review, the Secretary shall make a determination as

5 to the merits of approving the posthumous or honorary

6 promotion or appointment and the other determinations

7 necessary to comply with subsection (b).

8 ‘‘(b) NOTICE OF RESULTS OF REVIEW.—Upon mak9 ing a determination under subsection (a) as to the merits

10 of approving the posthumous or honorary promotion or

11 appointment, the Secretary concerned shall submit to the

12 Committee on Armed Services of the Senate and the Com13 mittee on Armed Services of the House of Representatives

14 and to the requesting Member of Congress notice in writ15 ing of one of the following:

16 ‘‘(1) The posthumous or honorary promotion or

17 appointment does not warrant approval on the mer18 its.

19 ‘‘(2) The posthumous or honorary promotion or

20 appointment warrants approval and authorization by

21 law for the promotion or appointment is rec22 ommended.

23 ‘‘(3) The posthumous or honorary promotion or

24 appointment warrants approval on the merits and
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1 has been recommended to the President as an excep2 tion to policy.

3 ‘‘(4) The posthumous or honorary promotion or

4 appointment warrants approval on the merits and

5 authorization by law for the promotion or appoint6 ment is required but is not recommended.

7 A notice under paragraph (1) or (4) shall be accompanied

8 by a statement of the reasons for the decision of the Sec9 retary.

10 ‘‘(c) DEFINITION.—In this section, the term ‘Member

11 of Congress’ means—

12 ‘‘(1) a Senator; or

13 ‘‘(2) a Representative in, or a Delegate or Resi14 dent Commissioner to, Congress.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of such chapter is amended by adding

17 at the end the following new item:

‘‘1563. Consideration of proposals for posthumous and honorary promotions and

appointments: procedures for review and recommendation.’’.

18 SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF

19 CERTAIN DECORATIONS TO CERTAIN PER20 SONS.

21 (a) WAIVER.—Any limitation established by law or

22 policy for the time within which a recommendation for the

23 award of a military decoration or award must be sub24 mitted shall not apply to awards of decorations described
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1 in this section, the award of each such decoration having

2 been determined by the Secretary concerned to be war3 ranted in accordance with section 1130 of title 10, United

4 States Code.

5 (b) SILVER STAR.—Subsection (a) applies to the

6 award of the Silver Star to Louis Rickler, of Rochester,

7 New York, for gallantry in action from August 18 to No8 vember 18, 1918, while serving as a member of the Army.

9 (c) DISTINGUISHED FLYING CROSS.—Subsection (a)

10 applies to the award of the Distinguished Flying Cross

11 for service during World War II or Korea (including mul12 tiple awards to the same individual) in the case of each

13 individual concerning whom the Secretary of the Navy (or

14 an officer of the Navy acting on behalf of the Secretary)

15 submitted to the Committee on Armed Services of the

16 House of Representatives and the Committee on Armed

17 Services of the Senate, during the period beginning on Oc18 tober 5, 1999, and ending on the day before the date of

19 the enactment of this Act, a notice as provided in section

20 1130(b) of title 10, United States Code, that the award

21 of the Distinguished Flying Cross to that individual is

22 warranted and that a waiver of time restrictions pre23 scribed by law for recommendation for such award is rec24 ommended.
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1 SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARK2 ERS ON GRAVES CONTAINING REMAINS OF

3 CERTAIN UNKNOWNS FROM THE U.S.S. ARI4 ZONA WHO DIED IN THE JAPANESE ATTACK

5 ON PEARL HARBOR ON DECEMBER 7, 1941.

6 (a) INFORMATION TO BE PROVIDED SECRETARY OF

7 VETERANS AFFAIRS.—The Secretary of the Army shall

8 provide to the Secretary of Veterans Affairs certain infor9 mation, as specified in subsection (b), pertaining to the

10 remains of certain unknown persons that are interred in

11 the National Memorial Cemetery of the Pacific, Honolulu,

12 Hawaii. The Secretary of Veterans Affairs shall add to

13 the inscriptions on the markers on the graves containing

14 those remains the information provided.

15 (b) INFORMATION TO BE ADDED—The information

16 to be added to grave markers under subsection (a)—

17 (1) shall be determined by the Secretary of the

18 Army, based on a review of the information that, as

19 of the date of the enactment of this Act, has been

20 authenticated by the director of the Naval Historical

21 Center, Washington, D.C., pertaining to the inter22 ment of remains of certain unknown casualties from

23 the U.S.S. ARIZONA who died as a result of the

24 Japanese attack on Pearl Harbor on December 7,

25 1941; and
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1 (2) shall, at a minimum, indicate that the in2 terred remains are from the U.S.S. ARIZONA.

3 (c) LIMITATION OF SCOPE OF SECTION.—This sec4 tion does not impose any requirement on the Secretary

5 of the Army to undertake a review of any information per6 taining to the interred remains of any unknown person

7 other than as provided in subsection (b).

8 SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL

9 CONVICTION OF CAPTAIN CHARLES BUTLER

10 McVAY, COMMANDER OF THE U.S.S. INDIAN11 APOLIS, AND ON THE COURAGEOUS SERVICE

12 OF THE CREW OF THAT VESSEL.

13 (a) FINDINGS.—Congress makes the following find14 ings:

15 (1) Shortly after midnight on the morning of

16 July 30, 1945, during the closing days of World

17 War II, the United States Navy heavy cruiser U.S.S.

18 Indianapolis (CA–35) was torpedoed and sunk by

19 the Japanese submarine I–58 in what became the

20 worst sea disaster in the history of the United

21 States Navy.

22 (2) Although approximately 900 of the ship’s

23 crew of 1,196 survived the actual sinking, only 316

24 of those courageous sailors survived when rescued

25 after four and a half days adrift in the open sea, the
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1 remainder having perishing from battle wounds,

2 drowning, predatory shark attacks, exposure to the

3 elements, and lack of food and potable water.

4 (3) Rescue for the remaining 316 sailors came

5 only when they were spotted by chance by Navy

6 Lieutenant Wilbur C. Gwinn while flying a routine

7 naval air patrol mission.

8 (4) After the end of World War II, the com9 manding officer of the U.S.S. Indianapolis, Captain

10 Charles Butler McVay, III, who was rescued with

11 the other survivors, was court-martialed for ‘‘suf12 fering a vessel to be hazarded through negligence’’

13 by failing to zigzag (a naval tactic employed to help

14 evade submarine attacks) and was convicted even

15 though—

16 (A) the choice to zigzag was left to Cap17 tain McVay’s discretion in his orders; and

18 (B) Motchisura Hashimoto, the com19 mander of the Japanese submarine that sank

20 the U.S.S. Indianapolis, and Glynn R. Donaho,

21 a United States Navy submarine commander

22 highly decorated for his service during World

23 War II, both testified at Captain McVay’s

24 court-martial trial that the Japanese submarine

25 could have sunk the U.S.S. Indianapolis wheth-
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1 er or not it had been zigzagging, an assertion

2 that has since been reaffirmed in a letter to the

3 Chairman of the Committee on Armed Services

4 of the Senate dated November 24, 1999.

5 (5) Although not argued by Captain McVay’s

6 defense counsel in the court-martial trial, poor visi7 bility on the night of the sinking (as attested in sur8 viving crew members’ handwritten accounts recently

9 discovered at the National Archives) justified Cap10 tain McVay’s choice not to zigzag as that choice was

11 consistent with the applicable Navy directives in

12 force in 1945, which stated that, ‘‘During thick

13 weather and at night, except on very clear nights or

14 during bright moonlight, vessels normally cease zig15 zagging.’’.

16 (6) Before the U.S.S. Indianapolis sailed from

17 Guam on what became her final voyage, Naval offi18 cials failed to provide Captain McVay with available

19 support that was critical to the safety of the U.S.S.

20 Indianapolis and her crew by—

21 (A) disapproving a request made by Cap22 tain McVay for a destroyer escort for the

23 U.S.S. Indianapolis across the Philippine Sea

24 as being ‘‘not necessary’’;
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1 (B) not informing Captain McVay that

2 naval intelligence sources, through signal intel3 ligence (the Japanese code having been broken

4 earlier in World War II), had become aware

5 that the Japanese submarine I–58 was oper6 ating in the area of the U.S.S. Indianapolis’

7 course (as disclosed in evidence presented in a

8 hearing of the Committee on Armed Services of

9 the Senate conducted September 14, 1999); and

10 (C) not informing Captain McVay of the

11 sinking of the destroyer escort U.S.S. Underhill

12 by a Japanese submarine within range of the

13 course of the U.S.S. Indianapolis four days be14 fore the U.S.S. Indianapolis departed Guam for

15 the Philippine Islands.

16 (7) Captain McVay’s court-martial initially was

17 opposed by his immediate command superiors, Fleet

18 Admiral Chester Nimitz (CINCPAC) and Vice Ad19 miral Raymond Spruance of the 5th fleet, for whom

20 the U.S.S. Indianapolis had served as flagship, but,

21 despite their recommendations, Secretary of the

22 Navy James Forrestal ordered the court-martial,

23 largely on the basis of the recommendation of Fleet

24 Admiral Ernest King, Chief of Naval Operations.
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1 (8) There is no explanation on the public record

2 for the overruling by Secretary Forestal of the rec3 ommendations made by Admirals Nimitz and

4 Spruance.

5 (9) Captain McVay was the only commander of

6 a United States Navy vessel lost in combat to enemy

7 action during World War II who was subjected to a

8 court-martial trial for such a loss, even though sev9 eral hundred United States Navy ships were lost in

10 combat to enemy action during World War II.

11 (10) The survivors of the U.S.S. Indianapolis

12 overwhelmingly conclude that Captain McVay was

13 not at fault in the loss of the Indianapolis and have

14 dedicated their lives to vindicating their Captain

15 McVay.

16 (11) Although promoted to the grade of rear

17 admiral in accordance with then-applicable law upon

18 retirement from the Navy in 1949, Captain McVay

19 never recovered from the stigma of his post-war

20 court-martial and in 1968, tragically, took his own

21 life.

22 (12) Charles Butler McVay, III—

23 (A) was a graduate of the United States

24 Naval Academy;
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1 (B) was an exemplary career naval officer

2 with an outstanding record (including participa3 tion in the amphibious invasions of North Afri4 ca, the assault on Iwo Jima, and the assault on

5 Okinawa where the U.S.S. Indianapolis under

6 his command survived a fierce kamikaze at7 tack);

8 (C) was a recipient of the Silver Star

9 earned for courage under fire during the Sol10 omon Islands campaign; and

11 (D) with the crew of the U.S.S. Indianap12 olis, had so thoroughly demonstrated pro13 ficiency in naval warfare that the Navy en14 trusted him and the crew of the U.S.S. Indian15 apolis with transporting to the Pacific theater

16 components necessary for assembling the atom17 ic bombs that were exploded over Hiroshima

18 and Nagasaki to end the war with Japan (deliv19 ery of such components to the island of Tinian

20 having been accomplished on July 25, 1945).

21 (b) SENSE OF CONGRESS CONCERNING CHARLES

22 BUTLER MCVAY, III.—With respect to the sinking of the

23 U.S.S. Indianapolis (CA–35) on July 30, 1945, and the

24 subsequent court-martial conviction of the ship’s com25 manding officer, Captain Charles Butler McVay, III, aris-
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1 ing from that sinking, it is the sense of Congress, based

2 on the review of evidence by the Senate and the House

3 of Representatives—

4 (1) that, in light of the remission by the Sec5 retary of the Navy of the sentence of the court-mar6 tial and the restoration of Captain McVay to active

7 duty by the Chief of Naval Operations, Fleet Admi8 ral Chester Nimitz, the American people should now

9 recognize Captain McVay’s lack of culpability for the

10 tragic loss of the U.S.S. Indianapolis and the lives

11 of the men who died as a result of the sinking of

12 that vessel; and

13 (2) that, in light of the fact that certain excul14 patory information was not available to the court15 martial board and that Captain McVay’s conviction

16 resulted therefrom, Captain McVay’s military record

17 should now reflect that he is exonerated for the loss

18 of the U.S.S. Indianapolis and so many of her crew.

19 (c) UNIT CITATION FOR FINAL CREW OF U.S.S. IN20 DIANAPOLIS.—The Secretary of the Navy should award a

21 Navy Unit Commendation to the U.S.S. Indianapolis

22 (CA–35) and her final crew.
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1 SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST

2 OF REAR ADMIRAL HUSBAND E. KIMMEL AND

3 MAJOR GENERAL WALTER C. SHORT, SENIOR

4 OFFICERS IN COMMAND IN HAWAII ON DE5 CEMBER 7, 1941.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The late Rear Admiral Husband E. Kim9 mel, while serving in the temporary grade of admi10 ral, was the Commander in Chief of the United

11 States Fleet and the Commander in Chief, United

12 States Pacific Fleet, at the time of the Japanese at13 tack on Pearl Harbor, Hawaii, on December 7,

14 1941, with an excellent and unassailable record

15 throughout his career in the United States Navy be16 fore that date.

17 (2) The late Major General Walter C. Short,

18 while serving in the temporary grade of lieutenant

19 general, was the Commander of the United States

20 Army Hawaiian Department, at the time of the Jap21 anese attack on Pearl Harbor, Hawaii, on December

22 7, 1941, with an excellent and unassailable record

23 throughout his career in the United States Army be24 fore that date.

25 (3) Numerous investigations following the at26 tack on Pearl Harbor have documented that Admiral
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1 Kimmel and Lieutenant General Short were not pro2 vided necessary and critical intelligence that was

3 available, that foretold of war with Japan, that

4 warned of imminent attack, and that would have

5 alerted them to prepare for the attack, including

6 such essential communiques as the Japanese Pearl

7 Harbor Bomb Plot message of September 24, 1941,

8 and the message sent from the Imperial Japanese

9 Foreign Ministry to the Japanese Ambassador in the

10 United States from December 6 to 7, 1941, known

11 as the Fourteen-Part Message.

12 (4) On December 16, 1941, Admiral Kimmel

13 and Lieutenant General Short were relieved of their

14 commands and returned to their permanent grades

15 of rear admiral and major general, respectively.

16 (5) Admiral William Harrison Standley, who

17 served as a member of the investigating commission

18 known as the Roberts Commission that accused Ad19 miral Kimmel and Lieutenant General Short of

20 ‘‘dereliction of duty’’ only six weeks after the attack

21 on Pearl Harbor, later disavowed the report, main22 taining that ‘‘these two officers were martyred’’ and

23 ‘‘if they had been brought to trial, both would have

24 been cleared of the charge’’.
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1 (6) On October 19, 1944, a Naval Court of

2 Inquiry—

3 (A) exonerated Admiral Kimmel on the

4 grounds that his military decisions and the dis5 position of his forces at the time of the Decem6 ber 7, 1941, attack on Pearl Harbor were prop7 er ‘‘by virtue of the information that Admiral

8 Kimmel had at hand which indicated neither

9 the probability nor the imminence of an air at10 tack on Pearl Harbor’’;

11 (B) criticized the higher command for not

12 sharing with Admiral Kimmel ‘‘during the very

13 critical period of November 26 to December 7,

14 1941, important information . . . regarding the

15 Japanese situation’’; and

16 (C) concluded that the Japanese attack

17 and its outcome was attributable to no serious

18 fault on the part of anyone in the naval service.

19 (7) On June 15, 1944, an investigation con20 ducted by Admiral T. C. Hart at the direction of the

21 Secretary of the Navy produced evidence, subse22 quently confirmed, that essential intelligence con23 cerning Japanese intentions and war plans was

24 available in Washington but was not shared with Ad25 miral Kimmel.
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1 (8) On October 20, 1944, the Army Pearl Har2 bor Board of Investigation determined that—

3 (A) Lieutenant General Short had not

4 been kept ‘‘fully advised of the growing tense5 ness of the Japanese situation which indicated

6 an increasing necessity for better preparation

7 for war’’;

8 (B) detailed information and intelligence

9 about Japanese intentions and war plans were

10 available in ‘‘abundance’’ but were not shared

11 with the Lieutenant General Short’s Hawaii

12 command; and

13 (C) Lieutenant General Short was not pro14 vided ‘‘on the evening of December 6th and the

15 early morning of December 7th, the critical in16 formation indicating an almost immediate break

17 with Japan, though there was ample time to

18 have accomplished this’’.

19 (9) The reports by both the Naval Court of In20 quiry and the Army Pearl Harbor Board of Inves21 tigation were kept secret, and Rear Admiral Kimmel

22 and Major General Short were denied their requests

23 to defend themselves through trial by court-martial.

24 (10) The joint committee of Congress that was

25 established to investigate the conduct of Admiral
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1 Kimmel and Lieutenant General Short completed, on

2 May 31, 1946, a 1,075-page report which included

3 the conclusions of the committee that the two offi4 cers had not been guilty of dereliction of duty.

5 (11) On April 27, 1954, the Chief of Naval

6 Personnel, Admiral J. L. Holloway, Jr., rec7 ommended that Rear Admiral Kimmel be advanced

8 in rank in accordance with the provisions of the Of9 ficer Personnel Act of 1947.

10 (12) On November 13, 1991, a majority of the

11 members of the Board for the Correction of Military

12 Records of the Department of the Army found that

13 Major General Short ‘‘was unjustly held responsible

14 for the Pearl Harbor disaster’’ and that ‘‘it would

15 be equitable and just’’ to advance him to the rank

16 of lieutenant general on the retired list.

17 (13) In October 1994, the Chief of Naval Oper18 ations, Admiral Carlisle Trost, withdrew his 1988

19 recommendation against the advancement of Rear

20 Admiral Kimmel and recommended that his case be

21 reopened.

22 (14) Although the Dorn Report, a report on the

23 results of a Department of Defense study that was

24 issued on December 15, 1995, did not provide sup25 port for an advancement of Rear Admiral Kimmel or
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1 Major General Short in grade, it did set forth as a

2 conclusion of the study that ‘‘responsibility for the

3 Pearl Harbor disaster should not fall solely on the

4 shoulders of Admiral Kimmel and Lieutenant Gen5 eral Short, it should be broadly shared’’.

6 (15) The Dorn Report found—

7 (A) that ‘‘Army and Navy officials in

8 Washington were privy to intercepted Japanese

9 diplomatic communications . . . which provided

10 crucial confirmation of the imminence of war’’;

11 (B) that ‘‘the evidence of the handling of

12 these messages in Washington reveals some in13 eptitude, some unwarranted assumptions and

14 misestimations, limited coordination, ambiguous

15 language, and lack of clarification and followup

16 at higher levels’’; and

17 (C) that ‘‘together, these characteristics re18 sulted in failure . . . to appreciate fully and to

19 convey to the commanders in Hawaii the sense

20 of focus and urgency that these intercepts

21 should have engendered’’.

22 (16) On July 21, 1997, Vice Admiral David C.

23 Richardson (United States Navy, retired) responded

24 to the Dorn Report with his own study which con25 firmed findings of the Naval Court of Inquiry and
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1 the Army Pearl Harbor Board of Investigation and

2 established, among other facts, that the war effort

3 in 1941 was undermined by a restrictive intelligence

4 distribution policy, and the degree to which the com5 manders of the United States forces in Hawaii were

6 not alerted about the impending attack on Hawaii

7 was directly attributable to the withholding of intel8 ligence from Admiral Kimmel and Lieutenant Gen9 eral Short.

10 (17) The Officer Personnel Act of 1947, in es11 tablishing a promotion system for the Navy and the

12 Army, provided a legal basis for the President to

13 honor any officer of the Armed Forces of the United

14 States who served his country as a senior com15 mander during World War II with a placement of

16 that officer, with the advice and consent of the Sen17 ate, on the retired list with the highest grade held

18 while on the active duty list.

19 (18) Rear Admiral Kimmel and Major General

20 Short are the only two officers eligible for advance21 ment under the Officer Personnel Act of 1947 as

22 senior World War II commanders who were excluded

23 from the list of retired officers presented for ad24 vancement on the retired lists to their highest war25 time grades under that Act.
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1 (19) This singular exclusion of those two offi2 cers from advancement on the retired list serves only

3 to perpetuate the myth that the senior commanders

4 in Hawaii were derelict in their duty and responsible

5 for the success of the attack on Pearl Harbor, a dis6 tinct and unacceptable expression of dishonor toward

7 two of the finest officers who have served in the

8 Armed Forces of the United States.

9 (20) Major General Walter Short died on Sep10 tember 23, 1949, and Rear Admiral Husband Kim11 mel died on May 14, 1968, without the honor of

12 having been returned to their wartime grades as

13 were their fellow commanders of World War II.

14 (21) The Veterans of Foreign Wars, the Pearl

15 Harbor Survivors Association, the Admiral Nimitz

16 Foundation, the Naval Academy Alumni Association,

17 the Retired Officers Association, and the Pearl Har18 bor Commemorative Committee, and other associa19 tions and numerous retired military officers have

20 called for the rehabilitation of the reputations and

21 honor of Admiral Kimmel and Lieutenant General

22 Short through their posthumous advancement on the

23 retired lists to their highest wartime grades.
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1 (b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND

2 MAJOR GENERAL SHORT ON RETIRED LISTS.—(1) The

3 President is requested—

4 (A) to advance the late Rear Admiral Husband

5 E. Kimmel, United States Navy (retired), to the

6 grade of admiral on the retired list of the Navy; and

7 (B) to advance the late Major General Walter

8 C. Short, United States Army (retired), to the grade

9 of lieutenant general on the retired list of the Army.

10 (2) Any advancement in grade on a retired list re11 quested under paragraph (1) shall not increase or change

12 the compensation or benefits from the United States to

13 which any person is now or may in the future be entitled

14 based upon the military service of the officer advanced.

15 (c) SENSE OF CONGRESS REGARDING THE PROFES16 SIONAL PERFORMANCE OF ADMIRAL KIMMEL AND LIEU17 TENANT GENERAL SHORT.—It is the sense of Congress—

18 (1) that the late Rear Admiral Husband E.

19 Kimmel performed his duties as Commander in

20 Chief, United States Pacific Fleet, competently and

21 professionally and, therefore, that the losses incurred

22 by the United States in the attacks on the naval

23 base at Pearl Harbor, Hawaii, and other targets on

24 the island of Oahu, Hawaii, on December 7, 1941,
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1 were not a result of dereliction in the performance

2 of those duties by then Admiral Kimmel; and

3 (2) that the late Major General Walter C. Short

4 performed his duties as Commanding General, Ha5 waiian Department, competently and professionally

6 and, therefore, that the losses incurred by the

7 United States in the attacks on Hickam Army Air

8 Field and Schofield Barracks, Hawaii, and other

9 targets on the island of Oahu, Hawaii, on December

10 7, 1941, were not a result of dereliction in the per11 formance of those duties by then Lieutenant General

12 Short.

13 SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE,

14 FOR WORLD WAR II ACTIONS.

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

16 (1) On August 2, 1944, a squadron of P–51s

17 from the United States 364th Fighter Group strafed

18 a German munitions train in Remy, France.

19 (2) The resulting explosion killed Lieutenant

20 Houston Braly, one of the attacking pilots, and de21 stroyed much of the village of Remy, including seven

22 stained glass windows in the 13th century church.

23 (3) Despite threats of reprisals from the occu24 pying German authorities, the citizens of Remy re25 covered Lieutenant Braly’s body from the wreckage,
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1 buried his body with dignity and honor in the

2 church’s cemetery, and decorated the grave site daily

3 with fresh flowers.

4 (4) On Armistice Day, 1995, the village of

5 Remy renamed the crossroads near the site of Lieu6 tenant Braly’s death in his honor.

7 (5) The surviving members of the 364th Fight8 er Group desire to express their gratitude to the

9 brave citizens of Remy.

10 (6) To express their gratitude, the surviving

11 members of the 364th Fighter Group have organized

12 a nonprofit corporation to raise funds, through its

13 project ‘‘Windows for Remy’’, to restore the church’s

14 stained glass windows.

15 (b) COMMENDATION AND RECOGNITION.—The Con16 gress commends the bravery and honor of the citizens of

17 Remy, France, for their actions with respect to the Amer18 ican fighter pilot Lieutenant Houston Braly during and

19 after August 1944, and recognizes the efforts of the sur20 viving members of the United States 364th Fighter Group

21 to raise funds to restore the stained glass windows of

22 Remy’s 13th century church.
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1 SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF

2 HONOR TO WILLIAM H. PITSENBARGER FOR

3 VALOR DURING THE VIETNAM WAR.

4 (a) WAIVER OF TIME LIMITATIONS.—Notwith5 standing the period of limitations specified in section 8744

6 of title 10, United States Code, or any other time limita7 tion with respect to the awarding of certain medals to per8 sons who served in the Air Force, the President may

9 award the Medal of Honor under section 8741 of that

10 title, posthumously, to William H. Pitsenbarger of Piqua,

11 Ohio, for the acts of valor referred to in subsection (b).

12 (b) ACTION DEFINED.—The acts of valor referred to

13 in subsection (a) are the actions of William H.

14 Pitsenbarger on April 11, 1966, as an Air Force

15 pararescue crew member, serving in the grade of Airman

16 First Class at Cam My, Republic of Vietnam, with Detach17 ment 6, 38th Aerospace Rescue and Recovery Helicopter

18 Squadron, in support of the combat mission known as

19 ‘‘Operations Abilene’’.

20 Subtitle E—Military Justice and

21 Legal Assistance Matters

22 SEC. 551. RECOGNITION BY STATES OF MILITARY TESTA23 MENTARY INSTRUMENTS.

24 (a) IN GENERAL.—Chapter 53 of title 10, United

25 States Code, is amended by inserting after section 1044c

26 the following new section:
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1 ‘‘§ 1044d. Military testamentary instruments: require2 ment for recognition by States

3 ‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN

4 LEGAL EFFECT.—A military testamentary instrument—

5 ‘‘(1) is exempt from any requirement of form,

6 formality, or recording before probate that is pro7 vided for testamentary instruments under the laws

8 of a State; and

9 ‘‘(2) has the same legal effect as a testa10 mentary instrument prepared and executed in ac11 cordance with the laws of the State in which it is

12 presented for probate.

13 ‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—

14 For purposes of this section, a military testamentary in15 strument is an instrument that is prepared with testa16 mentary intent in accordance with regulations prescribed

17 under this section and that—

18 ‘‘(1) is executed in accordance with subsection

19 (c) by (or on behalf of) a person, as a testator, who

20 is eligible for military legal assistance;

21 ‘‘(2) makes a disposition of property of the tes22 tator; and

23 ‘‘(3) takes effect upon the death of the testator.

24 ‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY

25 TESTAMENTARY INSTRUMENTS.—An instrument is valid

26 as a military testamentary instrument only if—
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1 ‘‘(1) the instrument is executed by the testator

2 (or, if the testator is unable to execute the instru3 ment personally, the instrument is executed in the

4 presence of, by the direction of, and on behalf of the

5 testator);

6 ‘‘(2) the instrument is executed in the presence

7 of a military legal assistance counsel acting as pre8 siding attorney;

9 ‘‘(3) the instrument is executed in the presence

10 of at least two disinterested witnesses (in addition to

11 the presiding attorney), each of whom attests to wit12 nessing the testator’s execution of the instrument by

13 signing it; and

14 ‘‘(4) the instrument is executed in accordance

15 with such additional requirements as may be pro16 vided in regulations prescribed under this section.

17 ‘‘(d) SELF-PROVING MILITARY TESTAMENTARY IN18 STRUMENTS.—(1) If the document setting forth a military

19 testamentary instrument meets the requirements of para20 graph (2), then the signature of a person on the document

21 as the testator, an attesting witness, a notary, or the pre22 siding attorney, together with a written representation of

23 the person’s status as such and the person’s military grade

24 (if any) or other title, is prima facie evidence of the fol25 lowing:
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1 ‘‘(A) That the signature is genuine.

2 ‘‘(B) That the signatory had the represented

3 status and title at the time of the execution of the

4 will.

5 ‘‘(C) That the signature was executed in com6 pliance with the procedures required under the regu7 lations prescribed under subsection (f).

8 ‘‘(2) A document setting forth a military testa9 mentary instrument meets the requirements of this para10 graph if it includes (or has attached to it), in a form and

11 content required under the regulations prescribed under

12 subsection (f), each of the following:

13 ‘‘(A) A certificate, executed by the testator,

14 that includes the testator’s acknowledgment of the

15 testamentary instrument.

16 ‘‘(B) An affidavit, executed by each witness

17 signing the testamentary instrument, that attests to

18 the circumstances under which the testamentary in19 strument was executed.

20 ‘‘(C) A notarization, including a certificate of

21 any administration of an oath required under the

22 regulations, that is signed by the notary or other of23 ficial administering the oath.

24 ‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under reg25 ulations prescribed under this section, each military testa-
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1 mentary instrument shall contain a statement that sets

2 forth the provisions of subsection (a).

3 ‘‘(2) Paragraph (1) shall not be construed to make

4 inapplicable the provisions of subsection (a) to a testa5 mentary instrument that does not include a statement de6 scribed in that paragraph.

7 ‘‘(f) REGULATIONS.—Regulations for the purposes of

8 this section shall be prescribed jointly by the Secretary

9 of Defense and by the Secretary of Transportation with

10 respect to the Coast Guard when it is not operating as

11 a service in the Department of the Navy.

12 ‘‘(g) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘person eligible for military legal

14 assistance’ means a person who is eligible for legal

15 assistance under section 1044 of this title.

16 ‘‘(2) The term ‘military legal assistance counsel’

17 means—

18 ‘‘(A) a judge advocate (as defined in sec19 tion 801(13) of this title); or

20 ‘‘(B) a civilian attorney serving as a legal

21 assistance officer under the provisions of sec22 tion 1044 of this title.

23 ‘‘(3) The term ‘State’ includes the District of

24 Columbia, the Commonwealth of Puerto Rico, the
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1 Commonwealth of the Northern Mariana Islands,

2 and each possession of the United States.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 1044c the following new

6 item:

‘‘1044d. Military testamentary instruments: requirement for recognition by

States.’’.

7 SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS

8 WHOSE NAMES HAVE BEEN ENTERED INTO

9 DEPARTMENT OF DEFENSE OFFICIAL CRIMI10 NAL INVESTIGATIVE REPORTS.

11 (a) POLICY REQUIREMENT.—The Secretary of De12 fense shall establish a policy creating a uniform process

13 within the Department of Defense that—

14 (1) affords any individual who, in connection

15 with the investigation of a reported crime, is des16 ignated (by name or by any other identifying infor17 mation) as a suspect in the case in any official inves18 tigative report, or in a central index for potential re19 trieval and analysis by law enforcement organiza20 tions, an opportunity to obtain a review of that des21 ignation; and

22 (2) requires the expungement of the name and

23 other identifying information of any such individual

24 from such report or index in any case in which it is
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1 determined the entry of such identifying information

2 on that individual was made contrary to Department

3 of Defense requirements.

4 (b) EFFECTIVE DATE.—The policy required by sub5 section (a) shall be established not later than 120 days

6 after the date of the enactment of this Act.

7 SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO

8 GRANT CLEMENCY FOR MILITARY PRIS9 ONERS SERVING SENTENCE OF CONFINE10 MENT FOR LIFE WITHOUT ELIGIBILITY FOR

11 PAROLE.

12 (a) LIMITATION.—Section 874(a) of title 10, United

13 States Code (article 74(a) of the Uniform Code of Military

14 Justice), is amended by adding at the end the following

15 new sentence: ‘‘However, in the case of a sentence of con16 finement for life without eligibility for parole, after the

17 sentence is ordered executed, the authority of the Sec18 retary concerned under the preceding sentence (1) may

19 not be delegated, and (2) may be exercised only after the

20 service of a period of confinement of not less than 20

21 years.’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall not apply with respect to a sentence

24 of confinement for life without eligibility for parole that
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1 is adjudged for an offense committed before the date of

2 the enactment of this Act.

3 SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF

4 MILITARY DEPARTMENT CRIMINAL INVES5 TIGATIVE ORGANIZATIONS TO EXECUTE WAR6 RANTS AND MAKE ARRESTS.

7 (a) DEPARTMENT OF THE ARMY.—(1) Chapter 373

8 of title 10, United States Code, is amended by adding at

9 the end the following new section:

10 ‘‘§ 4027. Civilian special agents of the Criminal Inves11 tigation Command: authority to execute

12 warrants and make arrests

13 ‘‘(a) AUTHORITY.—The Secretary of the Army may

14 authorize any Department of the Army civilian employee

15 described in subsection (b) to have the same authority to

16 execute and serve warrants and other processes issued

17 under the authority of the United States and to make ar18 rests without a warrant as may be authorized under sec19 tion 1585a of this title for special agents of the Defense

20 Criminal Investigative Service.

21 ‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)

22 applies to any employee of the Department of the Army

23 who is a special agent of the Army Criminal Investigation

24 Command (or a successor to that command) whose duties

25 include conducting, supervising, or coordinating investiga-
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1 tions of criminal activity in programs and operations of

2 the Department of the Army.

3 ‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—

4 The authority provided under subsection (a) shall be exer5 cised in accordance with guidelines prescribed by the Sec6 retary of the Army and approved by the Secretary of De7 fense and the Attorney General and any other applicable

8 guidelines prescribed by the Secretary of the Army, the

9 Secretary of Defense, or the Attorney General.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding at the end following new

12 item:

‘‘4027. Civilian special agents of the Criminal Investigation Command: authority

to execute warrants and make arrests.’’.

13 (b) DEPARTMENT OF THE NAVY.—(1) Chapter 643

14 of title 10, United States Code, is amended by adding at

15 the end the following new section:

16 ‘‘§ 7480. Special agents of the Naval Criminal Inves17 tigative Service: authority to execute

18 warrants and make arrests

19 ‘‘(a) AUTHORITY.—The Secretary of the Navy may

20 authorize any Department of the Navy civilian employee

21 described in subsection (b) to have the same authority to

22 execute and serve warrants and other processes issued

23 under the authority of the United States and to make ar24 rests without a warrant as may be authorized under sec-
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1 tion 1585a of this title for special agents of the Defense

2 Criminal Investigative Service.

3 ‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)

4 applies to any employee of the Department of the Navy

5 who is a special agent of the Naval Criminal Investigative

6 Service (or any successor to that service) whose duties in7 clude conducting, supervising, or coordinating investiga8 tions of criminal activity in programs and operations of

9 the Department of the Navy.

10 ‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—

11 The authority provided under subsection (a) shall be exer12 cised in accordance with guidelines prescribed by the Sec13 retary of the Navy and approved by the Secretary of De14 fense and the Attorney General and any other applicable

15 guidelines prescribed by the Secretary of the Navy, the

16 Secretary of Defense, or the Attorney General.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end following new

19 item:

‘‘7480. Special agents of the Naval Criminal Investigative Service: authority to

execute warrants and make arrests.’’.

20 (c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter

21 873 of title 10, United States Code, is amended by adding

22 at the end the following new section:
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1 ‘‘§ 9027. Civilian special agents of the Office of Spe2 cial Investigations: authority to execute

3 warrants and make arrests

4 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

5 may authorize any Department of the Air Force civilian

6 employee described in subsection (b) to have the same au7 thority to execute and serve warrants and other processes

8 issued under the authority of the United States and to

9 make arrests without a warrant as may be authorized

10 under section 1585a of this title for special agents of the

11 Defense Criminal Investigative Service.

12 ‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a)

13 applies to any employee of the Department of the Air

14 Force who is a special agent of the Air Force Office of

15 Special Investigations (or a successor to that office) whose

16 duties include conducting, supervising, or coordinating in17 vestigations of criminal activity in programs and oper18 ations of the Department of the Air Force.

19 ‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—

20 The authority provided under subsection (a) shall be exer21 cised in accordance with guidelines prescribed by the Sec22 retary of the Air Force and approved by the Secretary of

23 Defense and the Attorney General and any other applica24 ble guidelines prescribed by the Secretary of the Air Force,

25 the Secretary of Defense, or the Attorney General.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end following new

3 item:

‘‘9027. Civilian special agents of the Office of Special Investigations: authority

to execute warrants and make arrests.’’.

4 SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CER5 TAIN SPECIAL COURT-MARTIAL CASES.

6 (a) WHEN REQUIRED.—Subsection (c)(1)(B) of sec7 tion 854 of title 10, United States Code (article 54 of the

8 Uniform Code of Military Justice), is amended by insert9 ing after ‘‘bad-conduct discharge’’ the following: ‘‘, con10 finement for more than six months, or forfeiture of pay

11 for more than six months’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall take effect as of April 1, 2000, and

14 shall apply with respect to charges referred on or after

15 that date to trial by special court-martial.

16 SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY

17 OF THE UNIFORM CODE OF MILITARY JUS18 TICE.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) The American military justice system pre22 dates the United States itself, having had a contin23 uous existence since the enactment of the first
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1 American Articles of War by the Continental Con2 gress in 1775.

3 (2) Pursuant to article I of the Constitution,

4 which explicitly empowers Congress ‘‘To make Rules

5 for the Government and Regulation of the land and

6 naval Forces’’, Congress enacted the Articles of War

7 and an Act to Govern the Navy, which were revised

8 on several occasions between the ratification of the

9 Constitution and the end of World War II.

10 (3) Dissatisfaction with the administration of

11 military justice during World War I and World War

12 II (including dissatisfaction arising from separate

13 systems of justice for the Army and for the Navy

14 and Marine Corps) led both to significant statutory

15 reforms in the Articles of War and to the convening

16 of a committee, under Department of Defense aus17 pices, to draft a single code of military justice appli18 cable uniformly to all of the Armed Forces.

19 (4) The committee, chaired by Professor Ed20 mund M. Morgan of Harvard Law School, made rec21 ommendations that formed the basis of bills intro22 duced in Congress to establish such a uniform code

23 of military justice.

24 (5) After lengthy hearings and debate on the

25 congressional proposals, the Uniform Code of Mili-
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1 tary Justice was enacted into law on May 5, 1950,

2 when President Harry S Truman signed the legisla3 tion.

4 (6) President Truman then issued a revised

5 Manual for Courts-Martial implementing the new

6 code, and the code became effective on May 31,

7 1951.

8 (7) One of the greatest innovations of the Uni9 form Code of Military Justice (now codified as chap10 ter 47 of title 10, United States Code) was the es11 tablishment of a civilian court of appeals within the

12 military justice system. That court, the United

13 States Court of Military Appeals (now the United

14 States Court of Appeals for the Armed Forces), held

15 its first session on July 25, 1951.

16 (8) Congress enacted major revisions of the

17 Uniform Code of Military Justice in 1968 and 1983

18 and, in addition, has amended the code from time to

19 time over the years as practice under the code indi20 cated a need for updating the substance or proce21 dure of the law of military justice.

22 (9) The evolution of the system of military jus23 tice under the Uniform Code of Military Justice may

24 be traced in the decisions of the Courts of Criminal

25 Appeals of each of the Armed Forces and the deci-
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1 sions of the United States Court of Appeals for the

2 Armed Forces. These courts have produced a unique

3 body of jurisprudence upon which commanders and

4 judge advocates rely in the performance of their du5 ties.

6 (10) It is altogether fitting that the 50th anni7 versary of the Uniform Code of Military Justice be

8 duly commemorated.

9 (b) COMMEMORATION.—The Congress—

10 (1) requests the President to issue a proclama11 tion commemorating the 50th anniversary of the

12 Uniform Code of Military Justice; and

13 (2) calls upon the Department of Defense, the

14 Armed Forces, and the United States Court of Ap15 peals for the Armed Forces and interested organiza16 tions and members of the bar and the public to com17 memorate the occasion of that anniversary with cere18 monies and activities befitting its importance.

19 Subtitle F—Matters Relating to

20 Recruiting

21 SEC. 561. ARMY RECRUITING PILOT PROGRAMS.

22 (a) REQUIREMENT FOR PROGRAMS.—The Secretary

23 of the Army shall carry out pilot programs to test various

24 recruiting approaches under this section for the following

25 purposes:
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1 (1) To assess the effectiveness of the recruiting

2 approaches for creating enhanced opportunities for

3 recruiters to make direct, personal contact with po4 tential recruits.

5 (2) To improve the overall effectiveness and ef6 ficiency of Army recruiting activities.

7 (b) OUTREACH THROUGH MOTOR SPORTS.—(1) One

8 of the pilot programs shall be a pilot program of public

9 outreach that associates the Army with motor sports com10 petitions to achieve the objectives set forth in paragraph

11 (2).

12 (2) The events and activities undertaken under the

13 pilot program shall be designed to provide opportunities

14 for Army recruiters to make direct, personal contact with

15 high school students to achieve the following objectives:

16 (A) To increase enlistments by students grad17 uating from high school.

18 (B) To reduce attrition in the Delayed Entry

19 Program of the Army by sustaining the personal

20 commitment of students who have elected delayed

21 entry into the Army under the program.

22 (3) Under the pilot program, the Secretary of the

23 Army shall provide for the following:

24 (A) For Army recruiters or other Army

25 personnel—
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1 (i) to organize Army sponsored career day

2 events in association with national motor sports

3 competitions; and

4 (ii) to arrange for or encourage attendance

5 at the competitions by high school students,

6 teachers, guidance counselors, and administra7 tors of high schools located near the competi8 tions.

9 (B) For Army recruiters and other soldiers to

10 attend national motor sports competitions—

11 (i) to display exhibits depicting the con12 temporary Army and career opportunities in the

13 Army; and

14 (ii) to discuss those opportunities with po15 tential recruits.

16 (C) For the Army to sponsor a motor sports

17 racing team as part of an integrated program of re18 cruitment and publicity for the Army.

19 (D) For the Army to sponsor motor sports com20 petitions for high school students at which recruiters

21 meet with potential recruits.

22 (E) For Army recruiters or other Army per23 sonnel to compile in an Internet accessible database

24 the names, addresses, telephone numbers, and elec25 tronic mail addresses of persons who are identified
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1 as potential recruits through activities under the

2 pilot program.

3 (F) Any other activities associated with motor

4 sports competition that the Secretary determines ap5 propriate for Army recruitment purposes.

6 (c) OUTREACH AT VOCATIONAL SCHOOLS AND COM7 MUNITY COLLEGES.—(1) One of the pilot programs shall

8 be a pilot program under which Army recruiters are as9 signed, as their primary responsibility, at postsecondary

10 vocational institutions and community colleges for the pur11 pose of recruiting students graduating from those institu12 tions and colleges, recent graduates of those institutions

13 and colleges, and students withdrawing from enrollments

14 in those institutions and colleges.

15 (2) The Secretary of the Army shall select the institu16 tions and colleges to be invited to participate in the pilot

17 program.

18 (3) The conduct of the pilot program at an institution

19 or college shall be subject to an agreement which the Sec20 retary shall enter into with the governing body or author21 ized official of the institution or college, as the case may

22 be.

23 (4) Under the pilot program, the Secretary shall pro24 vide for the following:
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1 (A) For Army recruiters to be placed in post2 secondary vocational institutions and community col3 leges to serve as a resource for guidance counselors

4 and to recruit for the Army.

5 (B) For Army recruiters to recruit from among

6 students and graduates described in paragraph (1).

7 (C) For the use of telemarketing, direct mail,

8 interactive voice response systems, and Internet

9 website capabilities to assist the recruiters in the

10 postsecondary vocational institutions and community

11 colleges.

12 (D) For any other activities that the Secretary

13 determines appropriate for recruitment activities in

14 postsecondary vocational institutions and community

15 colleges.

16 (5) In this subsection, the term ‘‘postsecondary voca17 tional institution’’ has the meaning given the term in sec18 tion 102(c) of the Higher Education Act of 1965 (20

19 U.S.C. 1002(c)).

20 (d) CONTRACT RECRUITING INITIATIVES.—(1) One

21 of the pilot programs shall be a program that expands in

22 accordance with this subsection the scope of the Army’s

23 contract recruiting initiatives that are ongoing as of the

24 date of the enactment of this Act. Under the pilot pro25 gram, the Secretary of the Army shall select at least 10
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1 recruiting companies to apply the initiatives in efforts to

2 recruit personnel for the Army.

3 (2) Under the pilot program, the Secretary shall pro4 vide for the following:

5 (A) For replacement of the Regular Army re6 cruiters by contract recruiters in the 10 recruiting

7 companies selected under paragraph (1).

8 (B) For operation of the 10 companies under

9 the same rules and chain of command as the other

10 Army recruiting companies.

11 (C) For use of the offices, facilities, and equip12 ment of the 10 companies by the contract recruiters.

13 (D) For reversion to performance of the re14 cruiting activities by Regular Army soldiers in the

15 10 companies upon termination of the pilot program.

16 (E) For any other uses of contractor personnel

17 for Army recruiting activities that the Secretary de18 termines appropriate.

19 (e) DURATION OF PILOT PROGRAMS.—The pilot pro20 grams required by this section shall be carried out during

21 the period beginning on October 1, 2000, and, subject to

22 subsection (f), ending on December 31, 2005.

23 (f) AUTHORITY TO EXPAND OR EXTEND PILOT PRO24 GRAMS.—The Secretary may expand the scope of any of

25 the pilot programs (under subsection (b)(3)(F), (c)(4)(D),
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1 (d)(2)(E), or otherwise) or extend the period for any of

2 the pilot programs. Before doing so in the case of a pilot

3 program, the Secretary of the Army shall submit to the

4 Committee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representatives

6 a written notification of the expansion of the pilot program

7 (together with the scope of the expansion) or the continu8 ation of the pilot program (together with the period of the

9 extension), as the case may be.

10 (g) REPORTS.—Not later than February 1, 2006, the

11 Secretary of the Army shall submit to the Committees on

12 Armed Services of the Senate and the House of Represent13 atives a separate report on each of the pilot programs car14 ried out under this section. The report on a pilot program

15 shall include the following:

16 (1) The Secretary’s assessment of the value of

17 the actions taken in the administration of the pilot

18 program for increasing the effectiveness and effi19 ciency of Army recruiting.

20 (2) Any recommendations for legislation or

21 other action that the Secretary considers appropriate

22 to increase the effectiveness and efficiency of Army

23 recruiting.
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1 SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RE2 SEARCH AND ADVERTISING PROGRAMS.

3 Section 503(a) of title 10, United States Code, is

4 amended—

5 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

6 (2) by adding at the end the following new

7 paragraph:

8 ‘‘(2) The Secretary of Defense shall act on a con9 tinuing basis to enhance the effectiveness of recruitment

10 programs of the Department of Defense (including pro11 grams conducted jointly and programs conducted by the

12 separate armed forces) through an aggressive program of

13 advertising and market research targeted at prospective

14 recruits for the armed forces and those who may influence

15 prospective recruits. Subchapter I of chapter 35 of title

16 44 shall not apply to actions taken as part of that pro17 gram.’’.

18 SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY

19 RECRUITING PURPOSES.

20 (a) REQUIREMENT FOR ACCESS.—Subsection (c) of

21 section 503 of title 10, United States Code, is amended

22 to read as follows:

23 ‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each

24 local educational agency shall (except as provided under

25 paragraph (5)) provide to the Department of Defense,

26 upon a request made for military recruiting purposes, the
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1 same access to secondary school students, and to directory

2 information concerning such students, as is provided gen3 erally to post-secondary educational institutions or to pro4 spective employers of those students.

5 ‘‘(2) If a local educational agency denies a request

6 by the Department of Defense for recruiting access, the

7 Secretary of Defense, in cooperation with the Secretary

8 of the military department concerned, shall designate an

9 officer in a grade not below the grade of colonel or, in

10 the case of the Navy, captain, or a senior executive of that

11 military department to meet with representatives of that

12 local educational agency in person, at the offices of that

13 agency, for the purpose of arranging for recruiting access.

14 The designated officer or senior executive shall seek to

15 have that meeting within 120 days of the date of the de16 nial of the request for recruiting access.

17 ‘‘(3) If, after a meeting under paragraph (2) with

18 representatives of a local educational agency that has de19 nied a request for recruiting access or (if the educational

20 agency declines a request for the meeting) after the end

21 of such 120-day period, the Secretary of Defense deter22 mines that the agency continues to deny recruiting access,

23 the Secretary shall transmit to the chief executive of the

24 State in which the agency is located a notification of the

25 denial of recruiting access and a request for assistance in
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1 obtaining that access. The notification shall be trans2 mitted within 60 days after the date of the determination.

3 The Secretary shall provide to the Secretary of Education

4 a copy of such notification and any other communication

5 between the Secretary and that chief executive with re6 spect to such access.

7 ‘‘(4) If a local educational agency continues to deny

8 recruiting access one year after the date of the transmittal

9 of a notification regarding that agency under paragraph

10 (3), the Secretary—

11 ‘‘(A) shall determine whether the agency denies

12 recruiting access to at least two of the armed forces

13 (other than the Coast Guard when it is not oper14 ating as a service in the Navy); and

15 ‘‘(B) upon making an affirmative determination

16 under subparagraph (A), shall transmit a notifica17 tion of the denial of recruiting access to—

18 ‘‘(i) the specified congressional committees;

19 ‘‘(ii) the Senators of the State in which the

20 local educational agency is located; and

21 ‘‘(iii) the member of the House of Rep22 resentatives who represents the district in which

23 the local educational agency is located.

24 ‘‘(5) The requirements of this subsection do not apply

25 to—
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1 ‘‘(A) a local educational agency with respect to

2 access to secondary school students or access to di3 rectory information concerning such students for

4 any period during which there is in effect a policy

5 of that agency, established by majority vote of the

6 governing body of the agency, to deny recruiting ac7 cess to those students or to that directory informa8 tion, respectively; or

9 ‘‘(B) a private secondary school which main10 tains a religious objection to service in the armed

11 forces and which objection is verifiable through the

12 corporate or other organizational documents or ma13 terials of that school.

14 ‘‘(6) In this subsection:

15 ‘‘(A) The term ‘local educational agency’

16 means—

17 ‘‘(i) a local educational agency, within the

18 meaning of that term in section 14101(18) of

19 the Elementary and Secondary Education Act

20 of 1965 (20 U.S.C. 8801(18)); and

21 ‘‘(ii) a private secondary school.

22 ‘‘(B) The term ‘recruiting access’ means access

23 requested as described in paragraph (1).

24 ‘‘(C) The term ‘senior executive’ has the mean25 ing given that term in section 3132(a)(3) of title 5.
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1 ‘‘(D) The term ‘State’ includes the District of

2 Columbia, the Commonwealth of Puerto Rico, the

3 Commonwealth of the Northern Mariana Islands,

4 Guam, the Virgin Islands, American Samoa, the

5 Federated States of Micronesia, the Republic of the

6 Marshall Islands, and the Republic of Palau.

7 ‘‘(E) The term ‘specified congressional commit8 tees’ means the following:

9 ‘‘(i) The Committee on Armed Services

10 and the Committee on Health, Education,

11 Labor, and Pensions of the Senate.

12 ‘‘(ii) The Committee on Armed Services

13 and the Committee on Education and the

14 Workforce of the House of Representatives.

15 ‘‘(F) The term ‘member of the House of Rep16 resentatives’ includes a Delegate or Resident Com17 missioner to Congress.’’.

18 (b) DEFINITION OF DIRECTORY INFORMATION.—

19 Such section is further amended—

20 (1) by striking paragraph (7) of subsection (b);

21 and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(d) DIRECTORY INFORMATION DEFINED.—In this

25 section, the term ‘directory information’ has the meaning
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1 given that term in subsection (a)(5)(A) of section 444 of

2 the General Education Provisions Act (20 U.S.C.

3 1232g).’’.

4 (c) TECHNICAL AMENDMENTS.—Such section is fur5 ther amended—

6 (1) in subsection (a), by inserting ‘‘RECRUITING

7 CAMPAIGNS.—’’ after ‘‘(a)’’; and

8 (2) in subsection (b), by inserting ‘‘COMPILA9 TION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’.

10 (d) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect on July 1, 2002.

12 SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RE13 CRUITING BY IMPROVING MILITARY AWARE14 NESS OF SCHOOL COUNSELORS AND EDU15 CATORS.

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

17 conduct a pilot program to determine if cooperation with

18 military recruiters by local educational agencies and by in19 stitutions of higher education could be enhanced by im20 proving the understanding of school counselors and edu21 cators about military recruiting and military career oppor22 tunities. The pilot program shall be conducted during a

23 three-year period beginning not later than 180 days after

24 the date of the enactment of this Act.
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1 (b) CONDUCT OF PILOT PROGRAM THROUGH PAR2 TICIPATION IN INTERACTIVE INTERNET SITE.—(1) The

3 pilot program shall be conducted by means of participation

4 by the Department of Defense in a qualifying interactive

5 Internet site.

6 (2) For purposes of this section, a qualifying inter7 active Internet site is an Internet site in existence as of

8 the date of the enactment of this Act that is designed to

9 provide to employees of local educational agencies and in10 stitutions of higher education participating in the Internet

11 site—

12 (A) systems for communicating;

13 (B) resources for individual professional devel14 opment;

15 (C) resources to enhance individual on-the-job

16 effectiveness; and

17 (D) resources to improve organizational effec18 tiveness.

19 (3) Participation in an Internet site by the Depart20 ment of Defense for purposes of this section shall

21 include—

22 (A) funding;

23 (B) assistance; and

24 (C) access by other Internet site participants to

25 Department of Defense aptitude testing programs,
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1 career development information, and other resources,

2 in addition to information on military recruiting and

3 career opportunities.

4 (c) REPORT.—The Secretary of Defense shall submit

5 to the Committee on Armed Services of the Senate and

6 the Committee on Armed Services of the House of Rep7 resentatives a report providing the Secretary’s findings

8 and conclusions on the pilot program not later than 180

9 days after the end of the three-year program period.

10 Subtitle G—Other Matters

11 SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPI12 RATION DATE FOR CERTAIN FORCE DRAW13 DOWN TRANSITION AUTHORITIES.

14 (a) EARLY RETIREMENT AUTHORITY FOR ACTIVE

15 FORCE MEMBERS.—Section 4403 of the National Defense

16 Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293

17 note) is amended—

18 (1) in subsection (a), by striking ‘‘through fis19 cal year 1999’’ and inserting ‘‘during the active

20 force drawdown period’’; and

21 (2) in subsection (i), by striking ‘‘October 1,

22 2001’’ and inserting ‘‘December 31, 2001’’.

23 (b) SSB AND VSI.—Sections 1174a(h)(1) and

24 1175(d)(3) of title 10, United States Code, are amended
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1 by striking ‘‘September 30, 2001’’ and inserting ‘‘Decem2 ber 31, 2001’’.

3 (c) SELECTIVE EARLY RETIREMENT BOARDS.—Sec4 tion 638a(a) of such title is amended by striking ‘‘Sep5 tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.

6 (d) TIME-IN-GRADE REQUIREMENT FOR RETENTION

7 OF GRADE UPON VOLUNTARY RETIREMENT.—Section

8 1370 of such title is amended by striking ‘‘September 30,

9 2001’’ in subsections (a)(2)(A) and (d)(5) and inserting

10 ‘‘December 31, 2001’’.

11 (e) MINIMUM COMMISSIONED SERVICE FOR VOL12 UNTARY RETIREMENT AS AN OFFICER.—Sections

13 3911(b), 6323(a)(2), and 8911(b) of such title are amend14 ed by striking ‘‘September 30, 2001’’ and inserting ‘‘De15 cember 31, 2001’’.

16 (f) TRAVEL, TRANSPORTATION, AND STORAGE BEN17 EFITS.—Sections 404(c)(1)(C), 404(f)(2)(B)(v),

18 406(a)(2)(B)(v), and 406(g)(1)(C) of title 37, United

19 States Code, and section 503(c)(1) of the National De20 fense Authorization Act for Fiscal Year 1991 (37 U.S.C.

21 406 note) are amended by striking ‘‘September 30, 2001’’

22 and inserting ‘‘December 31, 2001’’.

23 (g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU24 NITY SERVICE.—Section 4463(f) of the National Defense

25 Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143a
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1 note) is amended by striking ‘‘September 30, 2001’’ and

2 inserting ‘‘December 31, 2001’’.

3 (h) TRANSITIONAL HEALTH BENEFITS.—Sub4 sections (a)(1), (c)(1), and (e) of section 1145 of title 10,

5 United States Code, are amended by striking ‘‘September

6 30, 2001’’ and inserting ‘‘December 31, 2001’’.

7 (i) TRANSITIONAL COMMISSARY AND EXCHANGE

8 BENEFITS.—Section 1146 of such title is amended by

9 striking ‘‘September 30, 2001’’ both places it appears and

10 inserting ‘‘December 31, 2001’’.

11 (j) TRANSITIONAL USE OF MILITARY HOUSING.—

12 Paragraphs (1) and (2) of section 1147(a) of such title

13 are amended by striking ‘‘September 30, 2001’’ and in14 serting ‘‘December 31, 2001’’.

15 (k) CONTINUED ENROLLMENT OF DEPENDENTS IN

16 DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section

17 1407(c)(1) of the Defense Dependents’ Education Act of

18 1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘Sep19 tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.

20 (l) FORCE REDUCTION TRANSITION PERIOD DE21 FINED FOR CERTAIN GUARD AND RESERVE BENEFITS.—

22 Section 4411 of the National Defense Authorization Act

23 for Fiscal Year 1993 (10 U.S.C. 12681 note) is amended

24 by striking ‘‘September 30, 2001’’ and inserting ‘‘Decem25 ber 31, 2001’’.
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1 (m) TEMPORARY SPECIAL AUTHORITY FOR FORCE

2 REDUCTION PERIOD RETIREMENTS.—Section 4416(b)(1)

3 of the National Defense Authorization Act for Fiscal Year

4 1993 (10 U.S.C. 12681 note) is amended by striking ‘‘Oc5 tober 1, 2001’’ and inserting ‘‘the end of the force reduc6 tion period’’.

7 (n) RETIRED PAY FOR NON-REGULAR SERVICE.—

8 (1) Section 12731(f) of title 10, United States Code, is

9 amended by striking ‘‘September 30, 2001’’ and inserting

10 ‘‘December 31, 2001’’.

11 (2) Section 12731a of such title is amended—

12 (A) in subsection (a)(1)(B), by striking ‘‘Octo13 ber 1, 2001’’ and inserting ‘‘the end of the period

14 described in subsection (b)’’; and

15 (B) in subsection (b), by striking ‘‘October 1,

16 2001’’ and inserting ‘‘December 31, 2001’’.

17 (o) AFFILIATION WITH GUARD AND RESERVE

18 UNITS; WAIVER OF CERTAIN LIMITATIONS.—Section

19 1150(a) of such title is amended by striking ‘‘September

20 30, 2001’’ and inserting ‘‘December 31, 2001’’.

21 (p) RESERVE MONTGOMERY GI BILL.—Section

22 16133(b)(1)(B) of such title is amended by striking ‘‘Sep23 tember 30, 2001’’ and inserting ‘‘December 31, 2001’’.
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1 SEC. 572. VOLUNTARY SEPARATION INCENTIVE.

2 (a) AUTHORITY FOR TERMINATION UPON ENTITLE3 MENT TO RETIRED PAY.—Section 1175(e)(3) of title 10,

4 United States Code, is amended—

5 (1) inserting ‘‘(A)’’ after ‘‘(3)’’; and

6 (2) by adding at the end the following new sub7 paragraph:

8 ‘‘(B) If a member is receiving simultaneous voluntary

9 separation incentive payments and retired or retainer pay,

10 the member may elect to terminate the receipt of vol11 untary separation incentive payments. Any such election

12 is permanent and irrevocable. The rate of monthly

13 recoupment from retired or retainer pay of voluntary sepa14 ration incentive payments received after such an election

15 shall be reduced by a percentage that is equal to a fraction

16 with a denominator equal to the number of months that

17 the voluntary separation incentive payments were sched18 uled to be paid and a numerator equal to the number of

19 months that would not be paid as a result of the member’s

20 decision to terminate the voluntary separation incentive.’’.

21 (b) EFFECTIVE DATE.—Subparagraph (B) of section

22 1175(e)(3) of title 10, United States Code, as added by

23 subsection (a), shall apply with respect to decisions by

24 members to terminate voluntary separation incentive pay25 ments under section 1175 of title 10, United States Code,

26 to be effective after September 30, 2000.
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1 SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGN2 MENT OF WOMEN TO DUTY ON SUBMARINES

3 AND FOR ANY PROPOSED RECONFIGURATION

4 OR DESIGN OF SUBMARINES TO ACCOMMO5 DATE FEMALE CREW MEMBERS.

6 (a) IN GENERAL.—(1) Chapter 555 of title 10,

7 United States Code, is amended by adding at the end the

8 following new section:

9 ‘‘§ 6035. Female members: congressional review pe10 riod for assignment to duty on sub11 marines or for reconfiguration of sub12 marines

13 ‘‘(a) No change in the Department of the Navy policy

14 limiting service on submarines to males, as in effect on

15 May 10, 2000, may take effect until—

16 ‘‘(1) the Secretary of Defense submits to Con17 gress written notice of the proposed change; and

18 ‘‘(2) a period of 30 days of continuous session

19 of Congress (excluding any day on which either

20 House of Congress is not in session) expires fol21 lowing the date on which the notice is received.

22 ‘‘(b) No funds available to the Department of the

23 Navy may be expended to reconfigure any existing sub24 marine, or to design any new submarine, to accommodate

25 female crew members until—
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1 ‘‘(1) the Secretary of Defense submits to Con2 gress written notice of the proposed reconfiguration

3 or design; and

4 ‘‘(2) a period of 30 days of continuous session

5 of Congress (excluding any day on which either

6 House of Congress is not in session) expires fol7 lowing the date on which the notice is received.

8 ‘‘(c) For purposes of this section, the continuity of

9 a session of Congress is broken only by an adjournment

10 of the Congress sine die.’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by adding at the end the following

13 new item:

‘‘6035. Female members: congressional review period for assignment to duty on

submarines or for reconfiguration of submarines.’’.

14 (b) CONFORMING AMENDMENT.—Section 542(a)(1)

15 of the National Defense Authorization Act for Fiscal Year

16 1994 (10 U.S.C. 113 note) is amended by inserting ‘‘or

17 by section 6035 of title 10, United States Code’’ after

18 ‘‘Except in a case covered by subsection (b)’’.

19 SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS

20 FOR MEMBERS SUBJECT TO LENGTHY OR NU21 MEROUS DEPLOYMENTS.

22 (a) APPROVING AUTHORITY FOR LENGTHY DEPLOY23 MENTS OF MEMBERS.—Subsection (a) of section 991 of

24 title 10, United States Code, is amended—
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1 (1) by striking ‘‘unless an officer’’ in the second

2 sentence of paragraph (1) and all that follows

3 through the period at the end of that sentence and

4 inserting a period and the following: ‘‘However, the

5 member may be deployed, or continued in a deploy6 ment, without regard to the preceding sentence if

7 such deployment, or continued deployment, is

8 approved—

9 ‘‘(A) in the case of a member who is assigned

10 to a combatant command in a position under the

11 operational control of the officer in that combatant

12 command who is the service component commander

13 for the members of that member’s armed force in

14 that combatant command, by that officer; and

15 ‘‘(B) in the case of a member not assigned as

16 described in subparagraph (A), by the service chief

17 of that member’s armed force (or, if so designated

18 by that service chief, by an officer of the same

19 armed force on active duty who is in the grade of

20 general or admiral or who is the personnel chief for

21 that armed force).’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(3) In paragraph (1)(B), the term ‘service chief’

25 means the Chief of Staff of the Army, the Chief of Naval
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1 Operations, the Chief of Staff of the Air Force, or the

2 Commandant of the Marine Corps.’’.

3 (b) CLARIFICATION OF DEFINITION OF DEPLOY4 MENT.—Subsection (b) of such section is amended—

5 (1) in paragraph (1), by inserting ‘‘or home6 port, as the case may be’’ before the period at the

7 end;

8 (2) by redesignating paragraphs (2) and (3) as

9 paragraphs (3) and (4), respectively;

10 (3) by inserting after paragraph (1) the fol11 lowing new paragraph (2):

12 ‘‘(2) In the case of a member of a reserve component

13 performing active service, the member shall be considered

14 deployed or in a deployment for the purposes of paragraph

15 (1) on any day on which, pursuant to orders that do not

16 establish a permanent change of station, the member is

17 performing the active service at a location that—

18 ‘‘(A) is not the member’s permanent training

19 site; and

20 ‘‘(B) is—

21 ‘‘(i) at least 100 miles from the member’s

22 permanent residence; or

23 ‘‘(ii) a lesser distance from the member’s

24 permanent residence that, under the cir25 cumstances applicable to the member’s travel, is
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1 a distance that requires at least three hours of

2 travel to traverse.’’; and

3 (4) in paragraph (3), as redesignated by para4 graph (2) of this subsection—

5 (A) by striking ‘‘or’’ at the end of subpara6 graph (A);

7 (B) by striking the period at the end of

8 subparagraph (B) and inserting ‘‘; or’’; and

9 (C) by adding at the end the following new

10 subparagraph:

11 ‘‘(C) unavailable solely because of—

12 ‘‘(i) a hospitalization of the member at the

13 member’s permanent duty station or homeport

14 or in the immediate vicinity of the member’s

15 permanent residence; or

16 ‘‘(ii) a disciplinary action taken against the

17 member.’’.

18 (c) ASSOCIATED PER DIEM ALLOWANCE.—Section

19 435 of title 37, United States Code (as added to that title

20 effective October 1, 2001, by section 586(b) of the Na21 tional Defense Authorization Act for Fiscal Year 2000

22 (Public Law 106–65; 113 Stat. 638)) is amended—

23 (1) in subsection (a), by striking ‘‘251 days or

24 more out of the preceding 365 days’’ and inserting
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1 ‘‘401 or more days out of the preceding 730 days’’;

2 and

3 (2) in subsection (b), by striking ‘‘prescribed

4 under paragraph (3)’’ and inserting ‘‘prescribed

5 under paragraph (4)’’.

6 (d) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF

7 INDIVIDUAL MEMBERS.— Not later than March 31, 2002,

8 the Secretary of Defense shall submit to the Committees

9 on Armed Services of the Senate and the House of Rep10 resentatives a report on the administration of section 991

11 of title 10, United States Code, during fiscal year 2001.

12 The report shall include—

13 (1) a discussion of the experience in tracking

14 and recording the deployments of members of the

15 Armed Forces; and

16 (2) any recommendations for revision of such

17 section that the Secretary considers appropriate.

18 (e) EFFECTIVE DATE.—If this Act is enacted before

19 October 1, 2000, the amendments made by subsections (a)

20 and (b) shall take effect on October 1, 2000, immediately

21 after the amendment made by section 586(a) of the Na22 tional Defense Authorization Act for Fiscal Year 2000

23 (Public Law 106–65; 113 Stat. 637) adding section 991

24 of title 10, United States Code, to such title.
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1 SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HON2 ORS DUTY.

3 (a) COMPENSATION AT RATE FOR INACTIVE-DUTY

4 TRAINING.—(1) Section 115(b)(2) of title 32, United

5 States Code, is amended to read as follows:

6 ‘‘(2) as directed by the Secretary concerned,

7 either—

8 ‘‘(A) the allowance under section 435 of

9 title 37; or

10 ‘‘(B) compensation under section 206 of

11 title 37.’’.

12 (2) Section 12503(b)(2) of title 10, United States

13 Code, is amended to read as follows:

14 ‘‘(2) as directed by the Secretary concerned,

15 either—

16 ‘‘(A) the allowance under section 435 of

17 title 37; or

18 ‘‘(B) compensation under section 206 of

19 title 37.’’.

20 (b) CONFORMING REPEAL.—Section 435 of title 37,

21 United States Code, is amended by striking subsection (c).

22 (c) APPLICABILITY.—The amendments made by this

23 section shall apply with respect to funeral honors duty per24 formed on or after October 1, 2000.
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1 SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT IN2 TELLIGENCE UNITS AND PERSONNEL TO

3 MEET CURRENT AND EMERGING DEFENSE

4 INTELLIGENCE NEEDS.

5 (a) TEST PROGRAM REQUIRED.—(1) Beginning not

6 later than June 1, 2001, the Secretary of Defense shall

7 conduct a three-year test program of reserve component

8 intelligence units and personnel. The purpose of the test

9 program shall be—

10 (A) to determine the most effective peacetime

11 structure and operational employment of reserve

12 component intelligence assets for meeting current

13 and future Department of Defense peacetime oper14 ational intelligence requirements; and

15 (B) to establish a means to coordinate and

16 transition that peacetime intelligence operational

17 support network into use for meeting wartime re18 quirements.

19 (2) The test program shall be carried out using the

20 Joint Reserve Intelligence Program and appropriate re21 serve component intelligence units and personnel.

22 (3) In conducting the test program, the Secretary of

23 Defense shall expand the current Joint Reserve Intel24 ligence Program as needed to meet the objectives of the

25 test program.
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1 (b) OVERSIGHT PANEL.—The Secretary shall estab2 lish an oversight panel to structure the test program so

3 as to achieve the objectives of the test program, ensure

4 proper funding for the test program, and oversee the con5 duct and evaluation of the test program. The panel mem6 bers shall include—

7 (1) the Assistant Secretary of Defense for Com8 mand, Control, Communications and Intelligence;

9 (2) the Assistant Secretary of Defense for Re10 serve Affairs; and

11 (3) representatives from the Defense Intel12 ligence Agency, the Army, Navy, Air Force, and Ma13 rine Corps, the Joint Staff, and the combatant com14 mands.

15 (c) TEST PROGRAM OBJECTIVES.—The test program

16 shall have the following objectives:

17 (1) To identify the range of peacetime roles and

18 missions that are appropriate for reserve component

19 intelligence units and personnel, including the fol20 lowing missions: counterdrug, counterintelligence,

21 counterterrorism, information operations, informa22 tion warfare, and other emerging threats.

23 (2) To recommend a process for justifying and

24 validating reserve component intelligence force struc25 ture and manpower to support the peacetime roles
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1 and missions identified under paragraph (1) and to

2 establish a means to coordinate and transition that

3 peacetime operational support network and structure

4 into wartime requirements.

5 (3) To provide, pursuant to paragraphs (1) and

6 (2), the basis for new or revised intelligence and re7 serve component policy guidelines for the peacetime

8 use, organization, management, infrastructure ,and

9 funding of reserve component intelligence units and

10 personnel.

11 (4) To determine the most effective structure,

12 organization, manning, and management of Joint

13 Reserve Intelligence Centers to enable them to be

14 both reserve training facilities and virtual collabo15 rative production facilities in support of Department

16 of Defense peacetime operational intelligence re17 quirements.

18 (5) To determine the most effective uses of

19 technology for virtual collaborative intelligence oper20 ational support during peacetime and wartime.

21 (6) To determine personnel and career manage22 ment initiatives or modifications that are required to

23 improve the recruiting and retention of personnel in

24 the reserve component intelligence specialties and oc25 cupational skills.
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1 (7) To identify and make recommendations for

2 the elimination of statutory prohibitions and barriers

3 to using reserve component intelligence units and in4 dividuals to carry out peacetime operational require5 ments.

6 (d) REPORTS.—The Secretary of Defense shall sub7 mit to Congress—

8 (1) interim reports on the status of the test

9 program not later than July 1, 2002, and July 1,

10 2003; and

11 (2) a final report, with such recommendations

12 for changes as the Secretary considers necessary,

13 not later than December 1, 2004.

14 SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.

15 (a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—

16 Subsection (a) of section 509 of title 32, United States

17 Code, is amended by striking ‘‘, acting through the Chief

18 of the National Guard Bureau,’’.

19 (b) SOURCES OF FEDERAL SUPPORT.—Subsection

20 (b) of such section is amended—

21 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of

22 Defense’’;

23 (2) by striking ‘‘, except that Federal expendi24 tures under the program may not exceed

25 $62,500,000 for any fiscal year’’; and
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1 (3) by adding at the end the following new

2 paragraphs:

3 ‘‘(2) The Secretary shall carry out the National

4 Guard Challenge Program using—

5 ‘‘(A) funds appropriated directly to the Sec6 retary of Defense for the program, except that the

7 amount of funds appropriated directly to the Sec8 retary and expended for the program in a fiscal year

9 may not exceed $62,500,000; and

10 ‘‘(B) nondefense funds made available or trans11 ferred to the Secretary of Defense by other Federal

12 agencies to support the program.

13 ‘‘(3) Federal funds made available or transferred to

14 the Secretary of Defense under paragraph (2)(B) by other

15 Federal agencies to support the National Guard Challenge

16 Program may be expended for the program in excess of

17 the fiscal year limitation specified in paragraph (2)(A).’’.

18 (c) REGULATIONS.—Such section is further amended

19 by adding at the end the following new subsection:

20 ‘‘(m) REGULATIONS.—The Secretary of Defense shall

21 prescribe regulations to carry out the National Guard

22 Challenge Program. The regulations shall address at a

23 minimum the following:

24 ‘‘(1) The terms to be included in the program

25 agreements required by subsection (c).
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1 ‘‘(2) The qualifications for persons to partici2 pate in the program, as required by subsection (e).

3 ‘‘(3) The benefits authorized for program par4 ticipants, as required by subsection (f).

5 ‘‘(4) The status of National Guard personnel

6 assigned to duty in support of the program under

7 subsection (g).

8 ‘‘(5) The conditions for the use of National

9 Guard facilities and equipment to carry out the pro10 gram, as required by subsection (h).

11 ‘‘(6) The status of program participants, as de12 scribed in subsection (i).

13 ‘‘(7) The procedures to be used by the Sec14 retary when communicating with States about the

15 program.’’.

16 (d) CONFORMING AMENDMENT.—Section 2033 of

17 title 10, United States Code, is amended by striking ‘‘ap18 propriated for’’ and inserting ‘‘appropriated directly to the

19 Secretary of Defense for’’.

20 SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS

21 FOR OPERATIONAL SUPPORT MISSIONS.

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

23 a study to determine the feasibility and cost, as well as

24 the advantages and disadvantages, of using civilian con25 tractor personnel as pilots and other air crew members
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1 to fly nonmilitary Government aircraft (referred to as

2 ‘‘operational support aircraft’’) to perform non-combat

3 personnel transportation missions worldwide. In carrying

4 out the study, the Secretary shall consider the views and

5 recommendations of the Chairman of the Joint Chiefs and

6 the other members of the Joint Chiefs of Staff.

7 (b) MATTERS TO BE INCLUDED.—The study shall,

8 as a minimum—

9 (1) determine whether use of civilian contractor

10 personnel as pilots and other air crew members for

11 such operational support missions would be a cost

12 effective means of freeing for duty in units with

13 combat and combat support missions those military

14 pilots and other personnel who now perform such

15 operational support missions; and

16 (2) the effect on retention of military pilots and

17 other personnel if they are no longer required to fly

18 operational support missions.

19 (c) SUBMISSION OF REPORT.—The Secretary shall

20 submit a report containing the results of the study to the

21 Committee on Armed Services of the Senate and the Com22 mittee on Armed Services of the House of Representatives

23 not later than six months after the date of the enactment

24 of this Act.
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1 SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY

2 MEMBERS IN CONNECTION WITH CANCELLA3 TION OF LEAVE ON SHORT NOTICE.

4 (a) REIMBURSEMENT AUTHORIZED.—Chapter 53 of

5 title 10, United States Code, is amended by inserting after

6 section 1053 the following new section:

7 ‘‘§ 1053a. Expenses incurred in connection with leave

8 canceled due to contingency operations:

9 reimbursement

10 ‘‘(a) AUTHORIZATION TO REIMBURSE.—The Sec11 retary concerned may reimburse a member of the armed

12 forces under the jurisdiction of the Secretary for travel

13 and related expenses (to the extent not otherwise reim14 bursable under law) incurred by the member as a result

15 of the cancellation of previously approved leave when the

16 leave is canceled in connection with the member’s partici17 pation in a contingency operation and the cancellation oc18 curs within 48 hours of the time the leave would have com19 menced.

20 ‘‘(b) REGULATIONS.—The Secretary of Defense shall

21 prescribe regulations to establish the criteria for the appli22 cability of subsection (a).

23 ‘‘(c) CONCLUSIVENESS OF SETTLEMENT.—The set24 tlement of an application for reimbursement under sub25 section (a) is final and conclusive.’’.
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1 (b) EFFECTIVE DATE.—Section 1053a of title 10,

2 United States Code, as added by subsection (a) shall apply

3 with respect to any travel and related expenses incurred

4 by a member in connection with leave canceled after the

5 date of the enactment of this Act.

6 (c) CONFORMING AND CLERICAL AMENDMENTS.—

7 (1) The heading of section 1052 of such title is amended

8 to read as follows:

9 ‘‘§ 1052. Adoption expenses: reimbursement’’.

10 (2) The heading of section 1053 of such title is

11 amended to read as follows:

12 ‘‘§ 1053. Financial institution charges incurred be13 cause of Government error in direct de14 posit of pay: reimbursement’’.

15 (3) The table of sections at the beginning of chapter

16 53 of such title is amended by striking the items relating

17 to sections 1052 and 1053 and inserting the following:

‘‘1052. Adoption expenses: reimbursement.

‘‘1053. Financial institution charges incurred because of Government error in

direct deposit of pay: reimbursement.

‘‘1053a. Expenses incurred in connection with leave canceled due to contingency

operations: reimbursement.’’.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2001.

Sec. 602. Additional restructuring of basic pay rates for enlisted members.

Sec. 603. Revised method for calculation of basic allowance for subsistence.

Sec. 604. Family subsistence supplemental allowance for low-income members

of the Armed Forces.

Sec. 605. Basic allowance for housing.

Sec. 606. Additional amount available for fiscal year 2001 increase in basic allowance for housing inside the United States.
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Sec. 607. Equitable treatment of junior enlisted members in computation of

basic allowance for housing.

Sec. 608. Eligibility of members in grade E–4 to receive basic allowance for

housing while on sea duty.

Sec. 609. Personal money allowance for senior enlisted members of the Armed

Forces.

Sec. 610. Increased uniform allowances for officers.

Sec. 611. Cabinet-level authority to prescribe requirements and allowance for

clothing of enlisted members.

Sec. 612. Increase in monthly subsistence allowance for members of

precommissioning programs.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 621. Extension of certain bonuses and special pay authorities for reserve

forces.

Sec. 622. Extension of certain bonuses and special pay authorities for nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 623. Extension of authorities relating to payment of other bonuses and

special pays.

Sec. 624. Revision of enlistment bonus authority.

Sec. 625. Consistency of authorities for special pay for reserve medical and

dental officers.

Sec. 626. Elimination of required congressional notification before implementation of certain special pay authority.

Sec. 627. Special pay for physician assistants of the Coast Guard.

Sec. 628. Authorization of special pay and accession bonus for pharmacy officers.

Sec. 629. Correction of references to Air Force veterinarians.

Sec. 630. Career sea pay.

Sec. 631. Increased maximum rate of special duty assignment pay.

Sec. 632. Entitlement of members of the National Guard and other reserves

not on active duty to receive special duty assignment pay.

Sec. 633. Authorization of retention bonus for members of the Armed Forces

qualified in a critical military skill.

Sec. 634. Entitlement of active duty officers of the Public Health Service Corps

to special pays and bonuses of health professional officers of

the Armed Forces.

Subtitle C—Travel and Transportation Allowances

Sec. 641. Advance payments for temporary lodging of members and dependents.

Sec. 642. Additional transportation allowance regarding baggage and household

effects.

Sec. 643. Incentive for shipping and storing household goods in less than average weights.

Sec. 644. Equitable dislocation allowances for junior enlisted members.

Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre, and

military entrance processing personnel for certain parking expenses.

Sec. 646. Expansion of funded student travel for dependents.

Subtitle D—Retirement and Survivor Benefit Matters
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Sec. 651. Exception to high-36 month retired pay computation for members retired following a disciplinary reduction in grade.

Sec. 652. Increase in maximum number of Reserve retirement points that may

be credited in any year.

Sec. 653. Retirement from active reserve service after regular retirement.

Sec. 654. Same treatment for Federal judges as for other Federal officials regarding payment of military retired pay.

Sec. 655. Reserve component Survivor Benefit Plan spousal consent requirement.

Sec. 656. Sense of Congress on increasing Survivor Benefit Plan annuities for

surviving spouses age 62 or older.

Sec. 657. Revision to special compensation authority to repeal exclusion of uniformed services retirees in receipt of disability retired pay.

Subtitle E—Other Matters

Sec. 661. Participation in Thrift Savings Plan.

Sec. 662. Determinations of income eligibility for special supplemental food program.

Sec. 663. Billeting services for reserve members traveling for inactive-duty

training.

Sec. 664. Settlement of claims for payments for unused accrued leave and for

retired pay.

Sec. 665. Additional benefits and protections for personnel incurring injury, illness, or disease in the performance of funeral honors duty.

Sec. 666. Authority for extension of deadline for filing claims associated with

capture and internment of certain persons by North Vietnam.

Sec. 667. Back pay for members of the Navy and Marine Corps selected for

promotion while interned as prisoners of war during World

War II.

Sec. 668. Sense of Congress concerning funding for reserve components.

1 Subtitle A—Pay and Allowances

2 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

3 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

4 adjustment to become effective during fiscal year 2001 re5 quired by section 1009 of title 37, United States Code,

6 in the rates of monthly basic pay authorized members of

7 the uniformed services shall not be made.

8 (b) INCREASE IN BASIC PAY.—Effective on January

9 1, 2001, the rates of monthly basic pay for members of

10 the uniformed services are increased by 3.7 percent.
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1 SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY

2 RATES FOR ENLISTED MEMBERS.

3 (a) MINIMUM PAY INCREASES FOR MID-LEVEL EN4 LISTED GRADES.—(1) Subject to paragraph (2), effective

5 on July 1, 2001, the rates of monthly basic pay for en6 listed members of the Armed Forces in the pay grades

7 E–7, E–6, and E–5 shall be as follows:

ENLISTED MEMBERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–7 ... 1,831.20 1,999.20 2,075.10 2,149.80 2,228.10

E–6 ... 1,575.00 1,740.30 1,817.40 1,891.80 1,969.80

E–5 ... 1,381.80 1,549.20 1,623.90 1,701.00 1,779.30

Over 8 Over 10 Over 12 Over 14 Over 16

E–7 ... 2,362.20 2,437.80 2,512.80 2,588.10 2,666.10

E–6 ... 2,097.30 2,174.10 2,248.80 2,325.00 2,379.60

E–5 ... 1,888.50 1,962.90 2,040.30 2,040.30 2,040.30

Over 18 Over 20 Over 22 Over 24 Over 26

E–7 ... 2,742.00 2,817.90 2,949.60 3,034.80 3,250.50

E–6 ... 2,421.30 2,421.30 2,421.30 2,421.30 2,421.30

E–5 ... 2,040.30 2,040.30 2,040.30 2,040.30 2,040.30

8 (2) The amounts specified in the table in paragraph

9 (1) are subject to such revision as the Secretary of De10 fense and the Secretary of Transportation may prescribe

11 under subsection (b)(1)(A).

12 (b) SECRETARIAL AUTHORITY TO FURTHER RE13 VISE.—(1) To ensure the efficient and effective operation

14 of the military pay system, the Secretary of Defense, and

15 the Secretary of Transportation with regard to the Coast

16 Guard, may—
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1 (A) further increase any of the amounts speci2 fied in the table in subsection (a) for enlisted mem3 bers of the Armed Forces in the pay grades E–7, E–

4 6, and E–5; and

5 (B) increase any of the amounts specified for

6 other enlisted members in the table under the head7 ing ‘‘ENLISTED MEMBERS’’ in section 601(c) of

8 the National Defense Authorization Act for Fiscal

9 Year 2000 (Public Law 106–65; 113 Stat. 648), as

10 adjusted on January 1, 2001, pursuant to section

11 601(b) of this Act.

12 (2) The revisions in monthly basic pay made by the

13 Secretary of Defense and the Secretary of Transportation

14 under paragraph (1) shall take effect on July 1, 2001,

15 but only if the Secretaries also comply with paragraph (3).

16 (3) If the Secretary of Defense or the Secretary of

17 Transportation exercises the authority provided by para18 graph (1), the Secretaries shall include, in the budget jus19 tification materials submitted to Congress in support of

20 the President’s budget submitted under section 1105 of

21 title 31, United States Code, for fiscal year 2002—

22 (A) a revised pay table for enlisted members of

23 the Armed Forces to reflect the increases in monthly

24 basic pay to take effect on July 1, 2001; and
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1 (B) a description of the various increases made

2 and the reasons therefor.

3 SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC

4 ALLOWANCE FOR SUBSISTENCE.

5 (a) ANNUAL REVISION OF RATE.—Subsection (b) of

6 section 402 of title 37, United States Code, is amended—

7 (1) in paragraph (1), by striking ‘‘The monthly

8 rate’’ and inserting ‘‘Through December 31, 2001,

9 the monthly rate’’;

10 (2) by redesignating paragraph (2) as para11 graph (3); and

12 (3) by inserting after paragraph (1) the fol13 lowing new paragraph:

14 ‘‘(2) On and after January 1, 2002, the monthly rate

15 of basic allowance for subsistence to be in effect for an

16 enlisted member for a year (beginning on January 1 of

17 that year) shall be equal to the sum of—

18 ‘‘(A) the monthly rate of basic allowance for

19 subsistence that was in effect for an enlisted mem20 ber for the preceding year; plus

21 ‘‘(B) the product of the monthly rate under

22 subparagraph (A) and the percentage increase in the

23 monthly cost of a liberal food plan for a male in the

24 United States who is between 20 and 50 years of
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1 age over the preceding fiscal year, as determined by

2 the Secretary of Agriculture each October 1.’’.

3 (b) CONFORMING AMENDMENT.—Subsection (d)(1)

4 of such section is amended by striking ‘‘established under

5 subsection (b)(1)’’ and inserting ‘‘in effect under para6 graph (1) or (2) of subsection (b)’’.

7 (c) EARLY TERMINATION OF BAS TRANSITIONAL

8 AUTHORITY.—Effective October 1, 2001, subsections (c)

9 through (f) of section 602 of the National Defense Author10 ization Act for Fiscal Year 1998 (Public Law 105–85; 37

11 U.S.C. 402 note) are repealed.

12 SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOW13 ANCE FOR LOW-INCOME MEMBERS OF THE

14 ARMED FORCES.

15 (a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1)

16 Chapter 7 of title 37, United States Code, is amended by

17 inserting after section 402 the following new section:

18 ‘‘§ 402a. Supplemental subsistence allowance for low19 income members with dependents

20 ‘‘(a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1)

21 The Secretary concerned shall increase the basic allowance

22 for subsistence to which a member of the armed forces

23 described in subsection (b) is otherwise entitled under sec24 tion 402 of this title by an amount (in this section referred

25 to as the ‘supplemental subsistence allowance’) designed
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1 to remove the member’s household from eligibility for ben2 efits under the food stamp program.

3 ‘‘(2) The supplemental subsistence allowance may not

4 exceed $500 per month. In establishing the amount of the

5 supplemental subsistence allowance to be paid an eligible

6 member under this paragraph, the Secretary shall take

7 into consideration the amount of the basic allowance for

8 housing that the member receives under section 403 of

9 this title or would otherwise receive under such section,

10 in the case of a member who is not entitled to that allow11 ance as a result of assignment to quarters of the United

12 States or a housing facility under the jurisdiction of a uni13 formed service.

14 ‘‘(3) In the case of a member described in subsection

15 (b) who establishes to the satisfaction of the Secretary

16 concerned that the allotment of the member’s household

17 under the food stamp program, calculated in the absence

18 of the supplemental subsistence allowance, would exceed

19 the amount established by the Secretary concerned under

20 paragraph (2), the amount of the supplemental subsist21 ence allowance for the member shall be equal to the lesser

22 of the following:

23 ‘‘(A) The value of that allotment.

24 ‘‘(B) $500.
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1 ‘‘(b) MEMBERS ENTITLED TO ALLOWANCE.—(1)

2 Subject to subsection (d), a member of the armed forces

3 is entitled to receive the supplemental subsistence allow4 ance if the Secretary concerned determines that the mem5 ber’s income, together with the income of the rest of the

6 member’s household (if any), is within the highest income

7 standard of eligibility, as then in effect under section 5(c)

8 of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) and

9 without regard to paragraph (1) of such section, for par10 ticipation in the food stamp program.

11 ‘‘(2) In determining whether a member meets the eli12 gibility criteria under paragraph (1), the Secretary—

13 ‘‘(A) shall not take into consideration the

14 amount of the supplemental subsistence allowance

15 payable under this section; but

16 ‘‘(B) shall take into consideration the amount

17 of the basic allowance for housing that the member

18 receives under section 403 of this title or would oth19 erwise receive under such section, in the case of a

20 member who is not entitled to that allowance as a

21 result of assignment to quarters of the United

22 States or a housing facility under the jurisdiction of

23 a uniformed service.

24 ‘‘(c) APPLICATION FOR ALLOWANCE.—To request

25 the supplemental subsistence allowance, a member shall
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1 submit an application to the Secretary concerned in such

2 form and containing such information as the Secretary

3 concerned may prescribe. A member applying for the sup4 plemental subsistence allowance shall furnish such evi5 dence regarding the member’s satisfaction of the eligibility

6 criteria under subsection (b) as the Secretary concerned

7 may require.

8 ‘‘(d) EFFECTIVE PERIOD.—The entitlement of a

9 member to receive the supplemental subsistence allowance

10 terminates upon the occurrence of any of the following

11 events, even though the member continues to meet the eli12 gibility criteria described in subsection (b):

13 ‘‘(1) Payment of the supplemental subsistence

14 allowance for 12 consecutive months.

15 ‘‘(2) Promotion of the member to a higher

16 grade.

17 ‘‘(3) Transfer of the member in a permanent

18 change of station.

19 ‘‘(e) REAPPLICATION.—Upon the termination of the

20 effective period of the supplemental subsistence allowance

21 for a member, or in anticipation of the imminent termi22 nation of the allowance, a member may reapply for the

23 allowance under subsection (c), and the Secretary con24 cerned shall approve the application and resume payment

25 of the allowance to the member, if the member continues
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1 to meet, or once again meets, the eligibility criteria de2 scribed in subsection (b).

3 ‘‘(f) REPORTING REQUIREMENT.—Not later than

4 March 1 of each year after 2001, the Secretary of Defense

5 shall submit to Congress a report specifying the number

6 of members of the armed forces who received, at any time

7 during the preceding year, the supplemental subsistence

8 allowance. In preparing the report, the Secretary of De9 fense shall consult with the Secretary of Transportation.

10 No report is required under this subsection after March

11 1, 2006.

12 ‘‘(g) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘Secretary concerned’ means—

14 ‘‘(A) the Secretary of Defense; and

15 ‘‘(B) the Secretary of Transportation, with

16 respect to the Coast Guard when it is not oper17 ating as a service in the Navy.

18 ‘‘(2) The terms ‘allotment’ and ‘household’ have

19 the meanings given those terms in section 3 of the

20 Food Stamp Act of 1977 (7 U.S.C. 2012).

21 ‘‘(3) The term ‘food stamp program’ means the

22 program established pursuant to section 4 of the

23 Food Stamp Act of 1977 (7 U.S.C. 2013).
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1 ‘‘(h) TERMINATION OF AUTHORITY.—No supple2 mental subsistence allowance may be provided under this

3 section after September 30, 2006.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by inserting after the item relating

6 to section 402 the following:

‘‘402a. Supplemental subsistence allowance for low-income members with dependents.’’.

7 (b) EFFECTIVE DATE.—Section 402a of title 37,

8 United States Code, as added by subsection (a), shall take

9 effect on the first day of the first month that begins not

10 less than 180 days after the date of the enactment of this

11 Act.

12 SEC. 605. BASIC ALLOWANCE FOR HOUSING.

13 (a) CALCULATION OF RATES.—Subsection (b) of sec14 tion 403 of title 37, United States Code, is amended—

15 (1) by striking paragraph (2);

16 (2) by redesignating paragraph (1) as para17 graph (2); and

18 (3) by inserting after the subsection heading

19 the following: ‘‘(1) The Secretary of Defense shall

20 prescribe the rates of the basic allowance for housing

21 that are applicable for the various military housing

22 areas in the United States. The rates for an area

23 shall be based on the costs of adequate housing de24 termined for the area under paragraph (2).’’.
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1 (b) MINIMUM ANNUAL AMOUNT AVAILABLE FOR

2 HOUSING ALLOWANCES.—Subsection (b) of such section

3 is further amended—

4 (1) by striking paragraphs (3) and (5); and

5 (2) by inserting after paragraph (2) the fol6 lowing new paragraph:

7 ‘‘(3) The total amount that may be paid for a fiscal

8 year for the basic allowance for housing under this sub9 section may not be less than the product of—

10 ‘‘(A) the total amount authorized to be paid for

11 such allowance for the preceding fiscal year; and

12 ‘‘(B) a fraction—

13 ‘‘(i) the numerator of which is the index of

14 the national average monthly cost of housing

15 for June of the preceding fiscal year; and

16 ‘‘(ii) the denominator of which is the index

17 of the national average monthly cost of housing

18 for June of the second preceding fiscal year.’’.

19 (c) LIMITATIONS ON REDUCTION IN MEMBER’S AL20 LOWANCE.—(1) Paragraph (6) of such subsection is

21 amended by striking ‘‘, changes in the national average

22 monthly cost of housing,’’.

23 (2) Paragraph (7) of such subsection is amended by

24 striking ‘‘without dependents’’.
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1 (d) ALLOWANCE WHEN DEPENDENTS ARE UNABLE

2 TO ACCOMPANY MEMBERS.—Subsection (d) of such sec3 tion is amended by striking paragraph (3) and inserting

4 the following new paragraph:

5 ‘‘(3) If a member with dependents is assigned to duty

6 in an area that is different from the area in which the

7 member’s dependents reside, the member is entitled to a

8 basic allowance for housing as provided in subsection (b)

9 or (c), whichever applies to the member, subject to the

10 following:

11 ‘‘(A) If the member’s assignment to duty in

12 that area, or the circumstances of that assignment,

13 require the member’s dependents to reside in a dif14 ferent area, as determined by the Secretary con15 cerned, the amount of the basic allowance for hous16 ing for the member shall be based on the area in

17 which the dependents reside or the member’s last

18 duty station, whichever the Secretary concerned de19 termines to be most equitable.

20 ‘‘(B) If the member’s assignment to duty in

21 that area is under the conditions of a low-cost or no22 cost permanent change of station or permanent

23 change of assignment, the amount of the basic allow24 ance for housing for the member shall be based on

25 the member’s last duty station if the Secretary con-
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1 cerned determines that it would be inequitable to

2 base the allowance on the cost of housing in the area

3 to which the member is reassigned.’’.

4 (e) EXTENSION OF TRANSITION PERIOD.—Section

5 603(b) of the National Defense Authorization Act for Fis6 cal Year 1998 (Public Law 105–85; 37 U.S.C. 403 note)

7 is amended by striking ‘‘six years’’ and inserting ‘‘eight

8 years’’.

9 (f) EFFECTIVE DATE; APPLICATION.—(1) The

10 amendments made by this section shall take effect on Oc11 tober 1, 2000.

12 (2) In the case of the amendment made by subsection

13 (c)(2), the amendment shall apply with respect to pay pe14 riods beginning on and after October 1, 2000, for a mem15 ber of the uniformed services covered by the provision of

16 law so amended regardless of the date on which the mem17 ber was first reassigned to duty under the conditions of

18 a low-cost or no-cost permanent change of station or per19 manent change of assignment.

20 (3) In the case of the amendment made by subsection

21 (d), the amendment shall apply with respect to pay periods

22 beginning on and after October 1, 2000, for a member

23 of the uniformed services covered by the provision of law

24 so amended regardless of the date on which the member
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1 was first assigned to duty in an area that is different from

2 the area in which the member’s dependents reside.

3 SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL

4 YEAR 2001 INCREASE IN BASIC ALLOWANCE

5 FOR HOUSING INSIDE THE UNITED STATES.

6 In addition to the amount determined by the Sec7 retary of Defense under section 403(b)(3) of title 37,

8 United States Code, as amended by section 605(b), to be

9 the total amount to be paid during fiscal year 2001 for

10 the basic allowance for housing for military housing areas

11 inside the United States, $30,000,000 of the amount au12 thorized to be appropriated by section 421 for military

13 personnel shall be used by the Secretary to further in14 crease the total amount available for the basic allowance

15 for housing for military housing areas inside the United

16 States.

17 SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED

18 MEMBERS IN COMPUTATION OF BASIC AL19 LOWANCE FOR HOUSING.

20 (a) DETERMINATION OF COSTS OF ADEQUATE

21 HOUSING.—Paragraph (2) of subsection (b) of section

22 403 of title 37, United States Code, as redesignated by

23 section 605(a)(2), is amended by adding at the end the

24 following new sentence: ‘‘After June 30, 2001, the Sec25 retary may not differentiate between members with de-
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1 pendents in pay grades E–1 through E–4 in determining

2 what constitutes adequate housing for members.’’.

3 (b) SINGLE RATE; MINIMUM.—Subsection (b) of

4 such section, as amended by section 605(b)(1), is amended

5 by inserting after paragraph (4) the following new para6 graph:

7 ‘‘(5) On and after July 1, 2001, the Secretary of De8 fense shall establish a single monthly rate for members

9 of the uniformed services with dependents in pay grades

10 E–1 through E–4 in the same military housing area. The

11 rate shall be consistent with the rates paid to members

12 in pay grades other than pay grades E–1 through E–4

13 and shall be based on the following:

14 ‘‘(A) The average cost of a two-bedroom apart15 ment in that military housing area.

16 ‘‘(B) One-half of the difference between the av17 erage cost of a two-bedroom townhouse in that area

18 and the amount determined in subparagraph (A).’’.

19 SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E–4 TO RE20 CEIVE BASIC ALLOWANCE FOR HOUSING

21 WHILE ON SEA DUTY.

22 (a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of

23 section 403 of title 37, United States Code, is amended—

24 (1) by striking ‘‘E–5’’ in the first sentence and

25 inserting ‘‘E–4 or E–5’’; and
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1 (2) by striking ‘‘grade E–5’’ in the second sen2 tence and inserting ‘‘grades E–4 and E–5’’.

3 (b) CONFORMING AMENDMENT.—Subsection

4 (m)(1)(B) of such section is amended by striking ‘‘E–4’’

5 and inserting ‘‘E–3’’.

6 SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR EN7 LISTED MEMBERS OF THE ARMED FORCES.

8 (a) AUTHORITY.—Section 414 of title 37, United

9 States Code, is amended by adding at the end the fol10 lowing new subsection:

11 ‘‘(c) ALLOWANCE FOR SENIOR ENLISTED MEM12 BERS.—In addition to other pay or allowances authorized

13 by this title, a noncommissioned officer is entitled to a

14 personal money allowance of $2,000 a year while serving

15 as the Sergeant Major of the Army, the Master Chief

16 Petty Officer of the Navy, the Chief Master Sergeant of

17 the Air Force, the Sergeant Major of the Marine Corps,

18 or the Master Chief Petty Officer of the Coast Guard.’’.

19 (b) STYLISTIC AMENDMENTS.—Such section is fur20 ther amended—

21 (1) in subsection (a), by inserting ‘‘ALLOWANCE

22 FOR OFFICERS SERVING IN CERTAIN RANKS OR PO23 SITIONS.—’’ after ‘‘(a)’’; and

24 (2) in subsection (b), by inserting ‘‘ALLOWANCE

25 FOR CERTAIN NAVAL OFFICERS.—’’ after ‘‘(b)’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 2000.

3 SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFI4 CERS.

5 (a) INITIAL ALLOWANCE.—Section 415(a) of title 37,

6 United States Code, is amended by striking ‘‘$200’’ and

7 inserting ‘‘$400’’.

8 (b) ADDITIONAL ALLOWANCE.—Section 416(a) of

9 such title is amended by striking ‘‘$100’’ and inserting

10 ‘‘$200’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on October 1, 2000.

13 SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE RE14 QUIREMENTS AND ALLOWANCE FOR CLOTH15 ING OF ENLISTED MEMBERS.

16 Section 418 of title 37, United States Code, is

17 amended—

18 (1) in subsection (a), by striking ‘‘The Presi19 dent’’ and inserting ‘‘The Secretary of Defense and

20 the Secretary of Transportation, with respect to the

21 Coast Guard when it is not operating as a service

22 in the Navy,’’; and

23 (2) in subsection (b), by striking ‘‘the Presi24 dent’’ and inserting ‘‘the Secretary of Defense’’.
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1 SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOW2 ANCE FOR MEMBERS OF

3 PRECOMMISSIONING PROGRAMS.

4 (a) PAY RATES FOR CADETS AND MIDSHIPMEN.—

5 Section 203(c) of title 37, United States Code, is amended

6 by striking ‘‘at the rate of $600.00.’’ and inserting ‘‘at

7 the monthly rate equal to 35 percent of the basic pay of

8 a commissioned officer in the pay grade O–1 with less

9 than two years of service.’’.

10 (b) SUBSISTENCE ALLOWANCE RATES.—Subsection

11 (a) of section 209 of such title is amended—

12 (1) by inserting ‘‘(1)’’ before ‘‘Except’’;

13 (2) by striking ‘‘subsistence allowance of $200

14 a month’’ and inserting ‘‘monthly subsistence allow15 ance at a rate prescribed under paragraph (2)’’;

16 (3) by striking ‘‘Subsistence’’ and inserting the

17 following:

18 ‘‘(3) A subsistence’’; and

19 (4) by inserting after the first sentence the fol20 lowing:

21 ‘‘(2) The Secretary of Defense shall prescribe by reg22 ulation the monthly rates for subsistence allowances pro23 vided under this section. The rate may not be less than

24 $250 per month, but may not exceed $674 per month.’’.

25 (c) CONFORMING AND STYLISTIC AMENDMENTS.—

26 Section 209 of such title is further amended—
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1 (1) in subsection (a), by inserting ‘‘SENIOR

2 ROTC MEMBERS IN ADVANCED TRAINING.—’’ after

3 ‘‘(a)’’;

4 (2) in subsection (b)—

5 (A) by inserting ‘‘SENIOR ROTC MEM6 BERS APPOINTED IN RESERVES.—’’ after

7 ‘‘(b)’’; and

8 (B) by striking ‘‘in the amount provided in

9 subsection (a)’’ and inserting ‘‘at a rate pre10 scribed under subsection (a)’’;

11 (3) in subsection (c), by inserting ‘‘PAY WHILE

12 ATTENDING TRAINING OR PRACTICE CRUISE.—’’

13 after ‘‘(c)’’ the first place it appears; and

14 (4) in subsection (d)—

15 (A) by inserting ‘‘MEMBERS OF MARINE

16 CORPS OFFICER CANDIDATE PROGRAM.—’’

17 after ‘‘(d)’’; and

18 (B) by striking ‘‘the same rate as that pre19 scribed by subsection (a),’’ and inserting ‘‘a

20 monthly rate prescribed under subsection (a)’’.

21 (d) EFFECTIVE DATE.—The amendments made by

22 subsections (a) and (b) shall take effect October 1, 2001.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL

4 PAY AUTHORITIES FOR RESERVE FORCES.

5 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

6 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

7 302g(f) of title 37, United States Code, is amended by

8 striking ‘‘December 31, 2000’’ and inserting ‘‘December

9 31, 2001’’.

10 (b) SELECTED RESERVE REENLISTMENT BONUS.—

11 Section 308b(f) of such title is amended by striking ‘‘De12 cember 31, 2000’’ and inserting ‘‘December 31, 2001’’.

13 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec14 tion 308c(e) of such title is amended by striking ‘‘Decem15 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

16 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS17 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

18 308d(c) of such title is amended by striking ‘‘December

19 31, 2000’’ and inserting ‘‘December 31, 2001’’.

20 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec21 tion 308e(e) of such title is amended by striking ‘‘Decem22 ber 31, 2000’’ and inserting ‘‘December 31, 2001’’.

23 (f) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS.—Section 308h(g) of such title is amended
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1 by striking ‘‘December 31, 2000’’ and inserting ‘‘Decem2 ber 31, 2001’’.

3 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

4 308i(f) of such title is amended by striking ‘‘December

5 31, 2000’’ and inserting ‘‘December 31, 2001’’.

6 (h) REPAYMENT OF EDUCATION LOANS FOR CER7 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE8 LECTED RESERVE.—Section 16302(d) of title 10, United

9 States Code, is amended by striking ‘‘January 1, 2001’’

10 and inserting ‘‘January 1, 2002’’.

11 SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL

12 PAY AUTHORITIES FOR NURSE OFFICER CAN13 DIDATES, REGISTERED NURSES, AND NURSE

14 ANESTHETISTS.

15 (a) NURSE OFFICER CANDIDATE ACCESSION PRO16 GRAM.—Section 2130a(a)(1) of title 10, United States

17 Code, is amended by striking ‘‘December 31, 2000’’ and

18 inserting ‘‘December 31, 2001’’.

19 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

20 Section 302d(a)(1) of title 37, United States Code, is

21 amended by striking ‘‘December 31, 2000’’ and inserting

22 ‘‘December 31, 2001’’.

23 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES24 THETISTS.—Section 302e(a)(1) of title 37, United States
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1 Code, is amended by striking ‘‘December 31, 2000’’ and

2 inserting ‘‘December 31, 2001’’.

3 SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAY4 MENT OF OTHER BONUSES AND SPECIAL

5 PAYS.

6 (a) AVIATION OFFICER RETENTION BONUS.—Sec7 tion 301b(a) of title 37, United States Code, is amended

8 by striking ‘‘December 31, 2000,’’ and inserting ‘‘Decem9 ber 31, 2001,’’.

10 (b) REENLISTMENT BONUS FOR ACTIVE MEM11 BERS.—Section 308(g) of such title is amended by strik12 ing ‘‘December 31, 2000’’ and inserting ‘‘December 31,

13 2001’’.

14 (c) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI15 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

16 312(e) of such title is amended by striking ‘‘December 31,

17 2000’’ and inserting ‘‘December 31, 2001’’.

18 (d) NUCLEAR CAREER ACCESSION BONUS.—Section

19 312b(c) of such title is amended by striking ‘‘December

20 31, 2000’’ and inserting ‘‘December 31, 2001’’.

21 (e) NUCLEAR CAREER ANNUAL INCENTIVE

22 BONUS.—Section 312c(d) of such title is amended by

23 striking ‘‘December 31, 2000’’ and inserting ‘‘December

24 31, 2001’’.
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1 SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.

2 (a) BONUS AUTHORIZED.—(1) Title 37, United

3 States Code, is amended by inserting after section 308i

4 the following new section:

5 ‘‘§ 309. Special pay: enlistment bonus

6 ‘‘(a) BONUS AUTHORIZED; BONUS AMOUNT.—A per7 son who enlists in an armed force for a period of at least

8 2 years may be paid a bonus in an amount not to exceed

9 $20,000. The bonus may be paid in a single lump sum

10 or in periodic installments.

11 ‘‘(b) REPAYMENT OF BONUS.—(1) A member of the

12 armed forces who voluntarily, or because of the member’s

13 misconduct, does not complete the term of enlistment for

14 which a bonus was paid under this section, or a member

15 who is not technically qualified in the skill for which the

16 bonus was paid, if any (other than a member who is not

17 qualified because of injury, illness, or other impairment

18 not the result of the member’s misconduct), shall refund

19 to the United States that percentage of the bonus that

20 the unexpired part of member’s enlistment is of the total

21 enlistment period for which the bonus was paid.

22 ‘‘(2) An obligation to reimburse the United States

23 imposed under paragraph (1) is for all purposes a debt

24 owed to the United States.

25 ‘‘(3) A discharge in bankruptcy under title 11 that

26 is entered less than 5 years after the termination of an
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1 enlistment for which a bonus was paid under this section

2 does not discharge the person receiving the bonus from

3 the debt arising under paragraph (1).

4 ‘‘(c) RELATION TO PROHIBITION ON BOUNTIES.—

5 The enlistment bonus authorized by this section is not a

6 bounty for purposes of section 514(a) of title 10.

7 ‘‘(d) REGULATIONS.—This section shall be adminis8 tered under regulations prescribed by the Secretary of De9 fense for the armed forces under the jurisdiction of the

10 Secretary of Defense and by the Secretary of Transpor11 tation for the Coast Guard when the Coast Guard is not

12 operating as a service in the Navy.

13 ‘‘(e) DURATION OF AUTHORITY.—No bonus shall be

14 paid under this section with respect to any enlistment in

15 the armed forces made after December 31, 2001.’’.

16 (2) The table of sections at the beginning of chapter

17 5 of such title is amended by inserting after the item relat18 ing to section 308i the following new item:

‘‘309. Special pay: enlistment bonus.’’.

19 (b) REPEAL OF SUPERSEDED ENLISTMENT BONUS

20 AUTHORITIES.—(1) Sections 308a and 308f of title 37,

21 United States Code, are repealed.

22 (2) The table of sections at the beginning of chapter

23 5 of such title is amended by striking the items relating

24 to such sections.
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1 (c) EFFECTIVE DATE.—(1) The amendments made

2 by subsection (a) shall take effect on October 1, 2000,

3 and apply with respect to enlistments in the Armed Forces

4 made on or after that date.

5 (2) The amendments made by subsection (b) shall

6 take effect on October 1, 2000. The repeal of sections

7 308a and 308f of title 37, United States Code, by such

8 subsection shall not affect the validity or terms of any

9 bonus provided under such sections for enlistments in the

10 Armed Forces made before that date.

11 SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL

12 PAY FOR RESERVE MEDICAL AND DENTAL

13 OFFICERS.

14 (a) CONSISTENT DESCRIPTIONS OF ACTIVE DUTY.—

15 Section 302(h)(1) of title 37, United States Code, is

16 amended by inserting before the period at the end the fol17 lowing: ‘‘, including active duty in the form of annual

18 training, active duty for training, and active duty for spe19 cial work’’.

20 (b) RELATION TO OTHER SPECIAL PAY AUTHORI21 TIES.—Subsection (d) of section 302f of such title is

22 amended to read as follows:

23 ‘‘(d) SPECIAL RULE FOR RESERVE MEDICAL AND

24 DENTAL OFFICERS.—While a reserve medical or dental

25 officer receives a special pay under section 302 or 302b
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1 of this title by reason of subsection (a), the officer shall

2 not be entitled to special pay under section 302(h) or

3 302b(h) of this title.’’.

4 SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL

5 NOTIFICATION BEFORE IMPLEMENTATION

6 OF CERTAIN SPECIAL PAY AUTHORITY.

7 (a) RETENTION SPECIAL PAY FOR OPTOMETRISTS.—

8 (1) Section 302a(b)(1) of title 37, United States Code,

9 is amended by striking ‘‘an officer described in paragraph

10 (2) may be paid’’ and inserting ‘‘the Secretary concerned

11 may pay an officer described in paragraph (2) a’’.

12 (2) Section 617 of the National Defense Authoriza13 tion Act for Fiscal Year 1991 (Public Law 101–510; 10

14 U.S.C. 302a note) is amended by striking subsection (b).

15 (b) SPECIAL PAY FOR OFFICERS IN NURSING SPE16 CIALTIES.—(1) Section 302e(b)(2)(A) of title 37, United

17 States Code, is amended by striking ‘‘the Secretary’’ and

18 inserting ‘‘the Secretary of the military department con19 cerned’’.

20 (2) Section 614 of the National Defense Authoriza21 tion Act for Fiscal Year 1991 (Public Law 101–510; 10

22 U.S.C. 302e note) is amended by striking subsection (c).
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1 SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF

2 THE COAST GUARD.

3 Section 302c(d)(1) of title 37, United States Code,

4 is amended by inserting after ‘‘nurse,’’ the following: ‘‘an

5 officer of the Coast Guard or Coast Guard Reserve des6 ignated as a physician assistant,’’.

7 SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCES8 SION BONUS FOR PHARMACY OFFICERS.

9 (a) AUTHORIZATION OF SPECIAL PAY AND BONUS.—

10 Chapter 5 of title 37, United States Code, is amended by

11 inserting after section 302h the following new sections:

12 ‘‘§ 302i. Special pay: pharmacy officers

13 ‘‘(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFI14 CERS.—Under regulations prescribed pursuant to section

15 303a of this title, the Secretary of the military department

16 concerned may, subject to subsection (c), pay special pay

17 at the rates specified in subsection (d) to an officer who—

18 ‘‘(1) is a pharmacy officer in the Medical Serv19 ice Corps of the Army or Navy or the Biomedical

20 Sciences Corps of the Air Force; and

21 ‘‘(2) is on active duty under a call or order to

22 active duty for a period of not less than one year.

23 ‘‘(b) PUBLIC HEALTH SERVICE CORPS.—Subject to

24 subsection (c), the Secretary of Health and Human Serv25 ices may pay special pay at the rates specified in sub26 section (d) to an officer who—
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1 ‘‘(1) is an officer in the Regular or Reserve

2 Corps of the Public Health Service and is designated

3 as a pharmacy officer; and

4 ‘‘(2) is on active duty under a call or order to

5 active duty for a period of not less than one year.

6 ‘‘(c) LIMITATION.—Special pay may not be paid

7 under this section to an officer serving in a pay grade

8 above pay grade O–6.

9 ‘‘(d) RATE OF SPECIAL PAY.—The rate of special pay

10 paid to an officer under subsection (a) or (b) is as follows:

11 ‘‘(1) $3,000 per year, if the officer is under12 going pharmacy internship training or has less than

13 3 years of creditable service.

14 ‘‘(2) $7,000 per year, if the officer has at least

15 3 but less than 6 years of creditable service and is

16 not undergoing pharmacy internship training.

17 ‘‘(3) $7,000 per year, if the officer has at least

18 6 but less than 8 years of creditable service.

19 ‘‘(4) $12,000 per year, if the officer has at least

20 8 but less than 12 years of creditable service.

21 ‘‘(5) $10,000 per year, if the officer has at least

22 12 but less than 14 years of creditable service.

23 ‘‘(6) $9,000 per year, if the officer has at least

24 14 but less than 18 years of creditable service.
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1 ‘‘(7) $8,000 per year, if the officer has 18 or

2 more years of creditable service.

3 ‘‘§ 302j. Special pay: accession bonus for pharmacy of4 ficers

5 ‘‘(a) ACCESSION BONUS AUTHORIZED.—A person

6 who is a graduate of an accredited pharmacy school and

7 who, during the period beginning on the date of the enact8 ment of the Floyd D. Spence National Defense Authoriza9 tion Act for Fiscal Year 2001 and ending on September

10 30, 2004, executes a written agreement described in sub11 section (c) to accept a commission as an officer of a uni12 formed service and remain on active duty for a period of

13 not less than 4 years may, upon acceptance of the agree14 ment by the Secretary concerned, be paid an accession

15 bonus in an amount determined by the Secretary con16 cerned.

17 ‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The

18 amount of an accession bonus under subsection (a) may

19 not exceed $30,000.

20 ‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A

21 person may not be paid a bonus under subsection (a) if—

22 ‘‘(1) the person, in exchange for an agreement

23 to accept an appointment as a warrant or commis24 sioned officer, received financial assistance from the

25 Department of Defense or the Department of Health
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1 and Human Services to pursue a course of study in

2 pharmacy; or

3 ‘‘(2) the Secretary concerned determines that

4 the person is not qualified to become and remain li5 censed as a pharmacist.

6 ‘‘(d) AGREEMENT.—The agreement referred to in

7 subsection (a) shall provide that, consistent with the needs

8 of the uniformed service concerned, the person executing

9 the agreement shall be assigned to duty, for the period

10 of obligated service covered by the agreement, as a phar11 macy officer in the Medical Service Corps of the Army

12 or Navy, a biomedical sciences officer in the Air Force

13 designated as a pharmacy officer, or a pharmacy officer

14 of the Public Health Service.

15 ‘‘(e) REPAYMENT.—(1) An officer who receives a pay16 ment under subsection (a) and who fails to become and

17 remain licensed as a pharmacist during the period for

18 which the payment is made shall refund to the United

19 States an amount equal to the full amount of such pay20 ment.

21 ‘‘(2) An officer who voluntarily terminates service on

22 active duty before the end of the period agreed to be

23 served under subsection (a) shall refund to the United

24 States an amount that bears the same ratio to the amount
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1 paid to the officer as the unserved part of such period

2 bears to the total period agreed to be served.

3 ‘‘(3) An obligation to reimburse the United States

4 under paragraph (1) or (2) is for all purposes a debt owed

5 to the United States.

6 ‘‘(4) A discharge in bankruptcy under title 11 that

7 is entered less than 5 years after the termination of an

8 agreement under this section does not discharge the per9 son signing such agreement from a debt arising under

10 such agreement or this subsection. This paragraph applies

11 to any case commenced under title 11 after the date of

12 the enactment of the Floyd D. Spence National Defense

13 Authorization Act for Fiscal Year 2001.’’.

14 (b) ADMINISTRATION.—Section 303a of title 37,

15 United States Code, is amended by striking ‘‘302h’’ each

16 place it appears and inserting ‘‘302j’’.

17 (c) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of chapter 5 of such title is amended by

19 inserting after the item relating to section 302h the fol20 lowing new items:

‘‘302i. Special pay: pharmacy officers.

‘‘302j. Special pay: accession bonus for pharmacy officers.’’.

21 SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE

22 VETERINARIANS.

23 Section 303(a) of title 37, United States Code, is

24 amended—
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1 (1) in paragraph (1)(B), by striking ‘‘who is

2 designated as a veterinary officer’’ and inserting

3 ‘‘who is an officer in the Biomedical Sciences Corps

4 and holds a degree in veterinary medicine’’; and

5 (2) in paragraph (2), by striking subparagraph

6 (B) and inserting the following:

7 ‘‘(B) of a reserve component of the Air

8 Force, of the Army or the Air Force without

9 specification of component, or of the National

10 Guard, who—

11 ‘‘(i) is designated as a veterinary offi12 cer; or

13 ‘‘(ii) is an officer in the Biomedical

14 Sciences Corps of the Air Force and holds

15 a degree in veterinary medicine; or’’.

16 SEC. 630. CAREER SEA PAY.

17 (a) REFORM OF AUTHORITIES.—Section 305a of title

18 37, United States Code, is amended—

19 (1) in subsection (a), by striking ‘‘(a) Under

20 regulations prescribed by the President, a member’’

21 and inserting ‘‘(a) AVAILABILITY OF SPECIAL

22 PAY.—A member’’;

23 (2) by redesignating subsection (d) as sub24 section (e); and
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1 (3) by striking subsections (b) and (c) and in2 serting the following new subsections:

3 ‘‘(b) RATES; MAXIMUM.—The Secretary concerned

4 shall prescribe the monthly rates for special pay applicable

5 to members of each armed force under the Secretary’s ju6 risdiction. No monthly rate may exceed $750.

7 ‘‘(c) PREMIUM.—A member of a uniformed service

8 entitled to career sea pay under this section who has

9 served 36 consecutive months of sea duty is also entitled

10 to a career sea pay premium for the thirty-seventh con11 secutive month and each subsequent consecutive month of

12 sea duty served by such member. The monthly amount of

13 the premium shall be prescribed by the Secretary con14 cerned, but may not exceed $350.

15 ‘‘(d) REGULATIONS.—The Secretary concerned shall

16 prescribe regulations for the administration of this section

17 for the armed force or armed forces under the jurisdiction

18 of the Secretary. The entitlements under this section shall

19 be subject to the regulations.’’.

20 (b) STYLISTIC AMENDMENT.—Subsection (e) of such

21 section, as redesignated by subsection (a)(2), is amended

22 by inserting before ‘‘(1)’’ in paragraph (1) the following:

23 ‘‘DEFINITION OF SEA DUTY.—’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on October 1, 2000, and shall
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1 apply with respect to months beginning on or after that

2 date.

3 SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY

4 ASSIGNMENT PAY.

5 Section 307(a) of title 37, United States Code, is

6 amended—

7 (1) by striking ‘‘$275’’ and inserting ‘‘$600’’;

8 and

9 (2) by striking the second sentence.

10 SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL

11 GUARD AND OTHER RESERVES NOT ON AC12 TIVE DUTY TO RECEIVE SPECIAL DUTY AS13 SIGNMENT PAY.

14 (a) AUTHORITY.—Section 307 of title 37, United

15 States Code, is amended by adding at the end the fol16 lowing new subsection:

17 ‘‘(d)(1) Under regulations prescribed by the Sec18 retary concerned and to the extent provided for by appro19 priations, when an enlisted member of the National Guard

20 or a reserve component of a uniformed service who is enti21 tled to compensation under section 206 of this title per22 forms duty for which a member described in subsection

23 (a) is entitled to special pay under such subsection, the

24 member of the National Guard or reserve component is

entitled to an increase in compensation equal to 1 25 ⁄30 of
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1 the monthly special duty assignment pay prescribed by the

2 Secretary concerned for the performance of that same

3 duty by members described in subsection (a).

4 ‘‘(2) A member of the National Guard or a reserve

5 component entitled to an increase in compensation under

6 paragraph (1) is entitled to the increase—

7 ‘‘(A) for each regular period of instruction, or

8 period of appropriate duty, at which the member is

9 engaged for at least two hours, including that per10 formed on a Sunday or holiday; or

11 ‘‘(B) for the performance of such other equiva12 lent training, instruction, duty, or appropriate du13 ties, as the Secretary may prescribe under section

14 206(a) of this title.

15 ‘‘(3) This subsection does not apply to a member of

16 the National Guard or a reserve component who is entitled

17 to basic pay under section 204 of this title.’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 subsection (a) shall take effect October 1, 2000.

20 SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR

21 MEMBERS OF THE ARMED FORCES QUALI22 FIED IN A CRITICAL MILITARY SKILL.

23 (a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37,

24 United States Code, is amended by adding at the end the

25 following new section:
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1 ‘‘§ 323. Special pay: retention incentives for members

2 qualified in a critical military skill

3 ‘‘(a) RETENTION BONUS AUTHORIZED.—An officer

4 or enlisted member of the armed forces who is serving on

5 active duty and is qualified in a designated critical military

6 skill may be paid a retention bonus as provided in this

7 section if—

8 ‘‘(1) in the case of an officer, the member exe9 cutes a written agreement to remain on active duty

10 for at least 1 year; or

11 ‘‘(2) in the case of an enlisted member, the

12 member reenlists or voluntarily extends the mem13 ber’s enlistment for a period of at least 1 year.

14 ‘‘(b) DESIGNATION OF CRITICAL SKILLS.—(1) A des15 ignated critical military skill referred to in subsection (a)

16 is a military skill designated as critical by the Secretary

17 of Defense, or by the Secretary of Transportation with re18 spect to the Coast Guard when it is not operating as a

19 service in the Navy.

20 ‘‘(2) The Secretary of Defense, and the Secretary of

21 Transportation with respect to the Coast Guard when it

22 is not operating as a service in the Navy, shall notify Con23 gress, in advance, of each military skill to be designated

24 by the Secretary as critical for purposes of this section.

25 The notice shall be submitted at least 90 days before any

26 bonus with regard to that critical skill is offered under
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1 subsection (a) and shall include a discussion of the neces2 sity for the bonus, the amount and method of payment

3 of the bonus, and the retention results that the bonus is

4 expected to achieve.

5 ‘‘(c) PAYMENT METHODS.—A bonus under this sec6 tion may be paid in a single lump sum or in periodic in7 stallments.

8 ‘‘(d) MAXIMUM BONUS AMOUNT.—A member may

9 enter into an agreement under this section, or reenlist or

10 voluntarily extend the member’s enlistment, more than

11 once to receive a bonus under this section. However, a

12 member may not receive a total of more than $200,000

13 in payments under this section.

14 ‘‘(e) CERTAIN MEMBERS INELIGIBLE.—A retention

15 bonus may not be provided under subsection (a) to a mem16 ber of the armed forces who—

17 ‘‘(1) has completed more than 25 years of ac18 tive duty; or

19 ‘‘(2) will complete the member’s twenty-fifth

20 year of active duty before the end of the period of

21 active duty for which the bonus is being offered.

22 ‘‘(f) RELATIONSHIP TO OTHER INCENTIVES.—A re23 tention bonus paid under this section is in addition to any

24 other pay and allowances to which a member is entitled.
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1 ‘‘(g) REPAYMENT OF BONUS.—(1) If an officer who

2 has entered into a written agreement under subsection (a)

3 fails to complete the total period of active duty specified

4 in the agreement, or an enlisted member who voluntarily

5 or because of misconduct does not complete the term of

6 enlistment for which a bonus was paid under this section,

7 the Secretary of Defense, and the Secretary of Transpor8 tation with respect to members of the Coast Guard when

9 it is not operating as a service in the Navy, may require

10 the member to repay the United States, on a pro rata

11 basis and to the extent that the Secretary determines con12 ditions and circumstances warrant, all sums paid under

13 this section.

14 ‘‘(2) An obligation to repay the United States im15 posed under paragraph (1) is for all purposes a debt owed

16 to the United States.

17 ‘‘(3) A discharge in bankruptcy under title 11 that

18 is entered less than 5 years after the termination of a writ19 ten agreement entered into under subsection (a) does not

20 discharge the member from a debt arising under para21 graph (2).

22 ‘‘(h) ANNUAL REPORT.—Not later than February 15

23 of each year, the Secretary of Defense and the Secretary

24 of Transportation shall submit to Congress a report—
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1 ‘‘(1) analyzing the effect, during the preceding

2 fiscal year, of the provision of bonuses under this

3 section on the retention of members qualified in the

4 critical military skills for which the bonuses were of5 fered; and

6 ‘‘(2) describing the intentions of the Secretary

7 regarding the continued use of the bonus authority

8 during the current and next fiscal years.

9 ‘‘(i) TERMINATION OF BONUS AUTHORITY.—No

10 bonus may be paid under this section with respect to any

11 reenlistment, or voluntary extension of an enlistment, in

12 the armed forces entered into after December 31, 2001,

13 and no agreement under this section may be entered into

14 after that date.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by adding at the end the following

17 new item:

‘‘323. Special pay: retention incentives for members qualified in a critical military skill.’’.

18 (b) EFFECTIVE DATE.—Section 323 of title 10,

19 United States Code, as added by subsection (a), shall take

20 effect on October 1, 2000.
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1 SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF

2 THE PUBLIC HEALTH SERVICE CORPS TO

3 SPECIAL PAYS AND BONUSES OF HEALTH

4 PROFESSIONAL OFFICERS OF THE ARMED

5 FORCES.

6 (a) IN GENERAL.—Section 303a of title 37, United

7 States Code, is amended—

8 (1) by redesignating subsections (b) and (c) as

9 subsections (c) and (d); and

10 (2) by inserting after subsection (a) the fol11 lowing new subsection (b):

12 ‘‘(b)(1) Except as provided in paragraph (2) or as

13 otherwise provided under a provision of this chapter, a

14 commissioned officer in the Regular or Reserve Corps of

15 the Public Health Service is entitled to special pay under

16 a provision of this chapter in the same amounts, and

17 under the same terms and conditions, as a commissioned

18 officer of the armed forces is entitled to special pay under

19 that provision.

20 ‘‘(2) A commissioned medical officer in the Regular

21 or Reserve Corps of the Public Health Service (other than

22 an officer serving in the Indian Health Service) may not

23 receive additional special pay under section 302(a)(4) of

24 this title for any period during which the officer is pro25 viding obligated service under the following provisions of

26 law:
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1 ‘‘(A) Section 338B of the Public Health Service

2 Act (42 U.S.C. 254l–1).

3 ‘‘(B) Section 225(e) of the Public Health Serv4 ice Act, as that section was in effect before 1, 1977.

5 ‘‘(C) Section 752 of the Public Health Service

6 Act, as that section was in effect between October

7 1, 1977, and August 13, 1981.’’.

8 (b) REPEAL OF SUPERSEDED PROVISIONS.—Section

9 208(a) of the Public Health Service Act (42 U.S.C.

10 210(a)) is amended—

11 (1) by striking paragraphs (2) and (3); and

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph (2):

14 ‘‘(2) For provisions relating to the receipt of special

15 pay by commissioned officers of the Regular and Reserve

16 Corps while on active duty, see section 303a(b) of title

17 37, United States Code.’’.

18 Subtitle C—Travel and

19 Transportation Allowances

20 SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING

21 OF MEMBERS AND DEPENDENTS.

22 (a) SUBSISTENCE EXPENSES.— Section 404a of title

23 37, United States Code, is amended—

24 (1) by redesignating subsections (b) and (c) as

25 subsections (d) and (e), respectively; and
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1 (2) by striking subsection (a) and inserting the

2 following:

3 ‘‘(a) PAYMENT OR REIMBURSEMENT OF SUBSIST4 ENCE EXPENSES.—(1) Under regulations prescribed by

5 the Secretaries concerned, a member of a uniformed serv6 ice who is ordered to make a change of permanent station

7 described in paragraph (2) shall be paid or reimbursed for

8 subsistence expenses of the member and the member’s de9 pendents for the period (subject to subsection (c)) for

10 which the member and dependents occupy temporary

11 quarters incident to that change of permanent station.

12 ‘‘(2) Paragraph (1) applies to the following:

13 ‘‘(A) A permanent change of station from any

14 duty station to a duty station in the United States

15 (other than Hawaii or Alaska).

16 ‘‘(B) A permanent change of station from a

17 duty station in the United States (other than Hawaii

18 or Alaska) to a duty station outside the United

19 States or in Hawaii or Alaska.

20 ‘‘(C) In the case of an enlisted member who is

21 reporting to the member’s first permanent duty sta22 tion, the change from the member’s home of record

23 or initial technical school to that first permanent

24 duty station.
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1 ‘‘(b) PAYMENT IN ADVANCE.—The Secretary con2 cerned may make any payment for subsistence expenses

3 to a member under this section in advance of the member

4 actually incurring the expenses. The amount of an advance

5 payment made to a member shall be computed on the basis

6 of the Secretary’s determination of the average number

7 of days that members and their dependents occupy tem8 porary quarters under the circumstances applicable to the

9 member and the member’s dependents.

10 ‘‘(c) MAXIMUM PAYMENT PERIOD.—(1) In the case

11 of a change of permanent station described in subpara12 graph (A) or (C) of subsection (a)(2), the period for which

13 subsistence expenses are to be paid or reimbursed under

14 this section may not exceed 10 days.

15 ‘‘(2) In the case of a change of permanent station

16 described in subsection (a)(2)(B)—

17 ‘‘(A) the period for which such expenses are to

18 be paid or reimbursed under this section may not ex19 ceed five days; and

20 ‘‘(B) such payment or reimbursement may be

21 provided only for expenses incurred before leaving

22 the United States (other than Hawaii or Alaska).’’.

23 (b) PER DIEM.—Section 405 of such title is amended

24 to read as follows:
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1 ‘‘§ 405. Travel and transportation allowances: per

2 diem while on duty outside the United

3 States or in Hawaii or Alaska

4 ‘‘(a) PER DIEM AUTHORIZED.—Without regard to

5 the monetary limitation of this title, the Secretary con6 cerned may pay a per diem to a member of the uniformed

7 services who is on duty outside of the United States or

8 in Hawaii or Alaska, whether or not the member is in a

9 travel status. The Secretary may pay the per diem in ad10 vance of the accrual of the per diem.

11 ‘‘(b) DETERMINATION OF PER DIEM.—In deter12 mining the per diem to be paid under this section, the

13 Secretary concerned shall consider all elements of the cost

14 of living to members of the uniformed services under the

15 Secretary’s jurisdiction and their dependents, including

16 the cost of quarters, subsistence, and other necessary inci17 dental expenses. However, dependents may not be consid18 ered in determining the per diem allowance for a member

19 in a travel status.

20 ‘‘(c) TREATMENT OF HOUSING COST AND ALLOW21 ANCE.—Housing cost and allowance may be disregarded

22 in prescribing a station cost of living allowance under this

23 section.’’.

24 (c) STYLISTIC AMENDMENTS.—Section 404a of such

25 title is further amended—
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1 (1) in subsection (d), as redesignated by sub2 section (a), by striking ‘‘(d)’’ and inserting ‘‘(d)

3 DAILY SUBSISTENCE RATES.—’’; and

4 (2) in subsection (e), as redesignated by sub5 section (a), by striking ‘‘(e)’’ and inserting ‘‘(e)

6 MAXIMUM DAILY PAYMENT.—’’.

7 SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE RE8 GARDING BAGGAGE AND HOUSEHOLD EF9 FECTS.

10 (a) PET QUARANTINE FEES.—Section 406(a)(1) of

11 title 37, United States Code, is amended by adding at the

12 end the following new sentence: ‘‘The Secretary concerned

13 may also reimburse the member for mandatory pet quar14 antine fees for household pets, but not to exceed $275 per

15 change of station, when the member incurs the fees inci16 dent to such change of station.’’.

17 (b) EFFECTIVE DATE.—The amendment made by

18 subsection (a) shall take effect October 1, 2000.

19 SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSE20 HOLD GOODS IN LESS THAN AVERAGE

21 WEIGHTS.

22 Section 406(b)(1) of title 37, United States Code, is

23 amended by adding at the end the following new subpara24 graph:
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1 ‘‘(G) Under regulations prescribed by the Secretary

2 of Defense, the Secretary concerned may pay a member

3 a share (determined pursuant to such regulations) of the

4 savings resulting to the United States when the total

5 weights of the member’s baggage and household effects

6 shipped and stored under subparagraph (A) are less than

7 the average weights of the baggage and household effects

8 that are shipped and stored, respectively, by other mem9 bers in the same grade and with the same dependents sta10 tus as the member in connection with changes of station

11 that are comparable to the member’s change of station.

12 The total savings shall be equal to the difference between

13 the cost of shipping and cost of storing such average

14 weights of baggage and household effects, respectively,

15 and the corresponding costs associated with the weights

16 of the member’s baggage and household effects. For the

17 administration of this subparagraph, the Secretary of De18 fense shall annually determine the average weights of bag19 gage and household effects shipped and stored in connec20 tion with a change of temporary or permanent station.’’.

21 SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR

22 JUNIOR ENLISTED MEMBERS.

23 Section 407(c)(1) of title 37, United States Code, is

24 amended by inserting before the period at the end the fol25 lowing: ‘‘, except that the Secretary concerned may not
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1 differentiate between members with dependents in pay

2 grades E–1 through E–5’’.

3 SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUIT4 ERS, SENIOR ROTC CADRE, AND MILITARY

5 ENTRANCE PROCESSING PERSONNEL FOR

6 CERTAIN PARKING EXPENSES.

7 (a) REIMBURSEMENT AUTHORITY.—Chapter 7 of

8 title 37, United States Code, is amended by inserting after

9 section 411h the following new section:

10 ‘‘§ 411i. Travel and transportation allowances: park11 ing expenses

12 ‘‘(a) REIMBURSEMENT AUTHORITY.—Under regula13 tions prescribed by the Secretary of Defense, the Secretary

14 of a military department may reimburse eligible Depart15 ment of Defense personnel for expenses incurred after Oc16 tober 1, 2001, for parking a privately owned vehicle at

17 a place of duty described in subsection (b).

18 ‘‘(b) ELIGIBILITY.—A member of the Army, Navy,

19 Air Force, or Marine Corps or an employee of the Depart20 ment of Defense may be reimbursed under subsection (a)

21 for parking expenses while—

22 ‘‘(1) assigned to duty as a recruiter for any of

23 the armed forces;

24 ‘‘(2) assigned to duty at a military entrance

25 processing facility of the armed forces; or
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1 ‘‘(3) detailed for instructional and administra2 tive duties at any institution where a unit of the

3 Senior Reserve Officers’ Training Corps is main4 tained.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by inserting

7 after the item relating to section 411h the following new

8 item:

‘‘411i. Travel and transportation allowances: parking expenses.’’.

9 SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR

10 DEPENDENTS.

11 Section 430 of title 37, United States Code, is

12 amended—

13 (1) in subsections (a)(3) and (b)(1), by striking

14 ‘‘for the purpose of obtaining a secondary or under15 graduate college education’’ and inserting ‘‘for the

16 purpose of obtaining a formal education’’; and

17 (2) in subsection (f)—

18 (A) by striking ‘‘In this section, the term’’

19 and inserting the following:

20 ‘‘In this section:

21 ‘‘(1) The term’’; and

22 (B) by adding at the end the following new

23 subparagraph:

24 ‘‘(2) The term ‘formal education’ means the fol25 lowing:
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1 ‘‘(A) A secondary education.

2 ‘‘(B) An undergraduate college education.

3 ‘‘(C) A graduate education pursued on a

4 full-time basis at an institution of higher edu5 cation (as defined in section 101 of the Higher

6 Education Act of 1965 (20 U.S.C. 1001)).

7 ‘‘(D) Vocational education pursued on a

8 full-time basis at a post-secondary vocational

9 institution (as defined in section 102(c) of the

10 Higher Education Act of 1965 (20 U.S.C.

11 1002(c))).’’.

12 Subtitle D—Retirement and

13 Survivor Benefit Matters

14 SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY

15 COMPUTATION FOR MEMBERS RETIRED FOL16 LOWING A DISCIPLINARY REDUCTION IN

17 GRADE.

18 Section 1407 of title 10, United States Code, is

19 amended—

20 (1) in subsection (b), by striking ‘‘The retired

21 pay base’’ and inserting ‘‘Except as provided in sub22 section (f), the retired pay base’’; and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED

2 IN GRADE AND OFFICERS WHO DO NOT SERVE SATIS3 FACTORILY IN HIGHEST GRADE HELD.—

4 ‘‘(1) COMPUTATION BASED ON PRE-HIGH5 THREE RULES.—In the case of a member or former

6 member described in paragraph (2), the retired pay

7 base or retainer pay base is determined under sec8 tion 1406 of this title in the same manner as if the

9 member or former member first became a member

10 of a uniformed service before September 8, 1980.

11 ‘‘(2) AFFECTED MEMBERS.—A member or

12 former member referred to in paragraph (1) is a

13 member or former member who by reason of conduct

14 occurring after the date of the enactment of this

15 subsection—

16 ‘‘(A) in the case of a member retired in an

17 enlisted grade or transferred to the Fleet Re18 serve or Fleet Marine Corps Reserve, was at

19 any time reduced in grade as the result of a

20 court-martial sentence, nonjudicial punishment,

21 or an administrative action, unless the member

22 was subsequently promoted to a higher enlisted

23 grade or appointed to a commissioned or war24 rant grade; and
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1 ‘‘(B) in the case of an officer, is retired in

2 a grade lower than the highest grade in which

3 served by reason of denial of a determination or

4 certification under section 1370 of this title

5 that the officer served on active duty satisfac6 torily in that grade.

7 ‘‘(3) SPECIAL RULE FOR ENLISTED MEM8 BERS.—In the case of a member who retires within

9 three years after having been reduced in grade as

10 described in paragraph (2)(A), who retires in an en11 listed grade that is lower than the grade from which

12 reduced, and who would be subject to paragraph (1)

13 but for a subsequent promotion to a higher enlisted

14 grade or a subsequent appointment to a warrant or

15 commissioned grade, the rates of basic pay used in

16 the computation of the member’s high-36 average

17 for the period of the member’s service in a grade

18 higher than the grade in which retired shall be the

19 rates of pay that would apply if the member had

20 been serving for that period in the grade in which

21 retired.’’.
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1 SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE

2 RETIREMENT POINTS THAT MAY BE CRED3 ITED IN ANY YEAR.

4 Section 12733(3) of title 10, United States Code, is

5 amended by striking ‘‘but not more than’’ and all that

6 follows and inserting ‘‘but not more than—

7 ‘‘(A) 60 days in any one year of service be8 fore the year of service that includes September

9 23, 1996;

10 ‘‘(B) 75 days in the year of service that in11 cludes September 23, 1996, and in any subse12 quent year of service before the year of service

13 that includes the date of the enactment of the

14 Floyd D. Spence National Defense Authoriza15 tion Act for Fiscal Year 2001; and

16 ‘‘(C) 90 days in the year of service that in17 cludes the date of the enactment of the Floyd

18 D. Spence National Defense Authorization Act

19 for Fiscal Year 2001 and in any subsequent

20 year of service.’’.

21 SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE

22 AFTER REGULAR RETIREMENT.

23 (a) CONVERSION TO RESERVE RETIREMENT.—(1)

24 Chapter 1223 of title 10, United States Code, is amended

25 by adding at the end the following new section:
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1 ‘‘§ 12741. Retirement from active reserve service per2 formed after regular retirement

3 ‘‘(a) ELECTION OF RESERVE RETIRED PAY.—A per4 son who, after becoming entitled to retired or retainer pay

5 under chapter 65, 367, 571, or 867 of this title, serves

6 in an active status in a reserve component is entitled to

7 retired pay under this chapter if—

8 ‘‘(1) the person would, but for paragraphs (3)

9 and (4) of section 12731(a) of this title, otherwise

10 be entitled to retired pay under this chapter;

11 ‘‘(2) the person elects under this section to re12 ceived retired pay under this chapter; and

13 ‘‘(3) the person’s service in an active status

14 after having become entitled to retired or retainer

15 pay under that chapter is determined by the Sec16 retary concerned to have been satisfactory.

17 ‘‘(b) ACTIONS TO EFFECTUATE ELECTION.—As of

18 the effective date of an election made by a person under

19 subsection (a), the Secretary concerned shall—

20 ‘‘(1) terminate the person’s entitlement to re21 tired or retainer pay under the applicable chapter of

22 this title referred to in subsection (a); and

23 ‘‘(2) in the case of a reserve commissioned offi24 cer, transfer the officer to the Retired Reserve.
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1 ‘‘(c) TIME AND FORM OF ELECTION.—An election

2 under subsection (b) shall be made within such time and

3 in such form as the Secretary concerned requires.

4 ‘‘(d) EFFECTIVE DATE OF ELECTION.—An election

5 made by a person under subsection (b) shall be effective—

6 ‘‘(1) except as provided in paragraph (2)(B), as

7 of the date on which the person attains 60 years of

8 age, if the Secretary concerned receives the election

9 in accordance with this section within 180 days after

10 that date; or

11 ‘‘(2) on the first day of the first month that be12 gins after the date on which the Secretary concerned

13 receives the election in accordance with this section,

14 if—

15 ‘‘(A) the date of the receipt of the election

16 is more than 180 days after the date on which

17 the person attains 60 years of age; or

18 ‘‘(B) the person retires from service in an

19 active status within that 180-day period.’’.

20 (2) The table of sections at the beginning of such

21 chapter is amended by adding at the end the following

22 new item:

‘‘12741. Retirement from active service performed after regular retirement.’’.

23 (b) EFFECTIVE DATE.—Section 12741 of title 10,

24 United States Code, as added by subsection (a), shall take

25 effect 180 days after the date of the enactment of this
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1 Act and shall apply with respect to retired pay payable

2 for months beginning on of after that effective date.

3 SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR

4 OTHER FEDERAL OFFICIALS REGARDING

5 PAYMENT OF MILITARY RETIRED PAY.

6 (a) ARTICLE III JUDGES.—(1) Section 371 of title

7 28, United States Code, is amended—

8 (A) by striking subsection (e); and

9 (B) by redesignating subsection (f) as sub10 section (e).

11 (2) Subsection (b) of such section is amended by

12 striking ‘‘subsection (f)’’ each place it appears and insert13 ing ‘‘subsection (e)’’.

14 (b) JUDGES OF UNITED STATES COURT OF FED15 ERAL CLAIMS.—(1) Section 180 of title 28, United States

16 Code, is repealed.

17 (2) The table of sections at the beginning of chapter

18 7 of such title is amended by striking the item relating

19 to section 180.

20 (c) RETROACTIVE EFFECTIVE DATE.—The amend21 ments made by this section shall take effect as of October

22 1, 1999.
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1 SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN

2 SPOUSAL CONSENT REQUIREMENT.

3 (a) ELIGIBLE PARTICIPANTS.—Subsection (a)(2)(B)

4 of section 1448 of title 10, United States Code, is amend5 ed to read as follows:

6 ‘‘(B) RESERVE-COMPONENT ANNUITY PAR7 TICIPANTS.—A person who (i) is eligible to par8 ticipate in the Plan under paragraph (1)(B),

9 and (ii) is married or has a dependent child

10 when he is notified under section 12731(d) of

11 this title that he has completed the years of

12 service required for eligibility for reserve-compo13 nent retired pay, unless the person elects (with

14 his spouse’s concurrence, if required under

15 paragraph (3)) not to participate in the Plan

16 before the end of the 90-day period beginning

17 on the date on which he receives that notifica18 tion.’’.

19 (b) SUBSEQUENT ELECTION TO PARTICIPATE.—

20 Subsection (a)(3)(B) of such section is amended—

21 (1) by striking ‘‘who elects to provide’’ and in22 serting ‘‘who is eligible to provide’’;

23 (2) by redesignating clauses (i) and (ii) as

24 clauses (iii) and (iv), respectively; and

25 (3) by inserting before clause (iii) (as so redes26 ignated) the following new clauses:
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1 ‘‘(i) not to participate in the Plan;

2 ‘‘(ii) to designate under subsection

3 (e)(2) the effective date for commencement

4 of annuity payments under the Plan in the

5 event that the member dies before becom6 ing 60 years of age to be the 60th anniver7 sary of the member’s birth (rather than

8 the day after the date of the member’s

9 death);’’.

10 (c) CONFORMING AMENDMENTS.—Subchapter II of

11 chapter 73 of such title is further amended—

12 (1) in section 1448(a)(2), by striking ‘‘de13 scribed in clauses (i) and (ii)’’ in the sentence fol14 lowing subparagraph (B) (as amended by subsection

15 (a)) and all that follows through ‘‘that clause’’ and

16 inserting ‘‘who elects under subparagraph (B) not to

17 participate in the Plan’’;

18 (2) in section 1448(a)(4)—

19 (A) by striking ‘‘not to participate in the

20 Plan’’ in subparagraph (A); and

21 (B) by striking ‘‘to participate in the

22 Plan’’ in subparagraph (B);

23 (3) in section 1448(e), by striking ‘‘a person

24 electing to participate’’ and all that follows through

25 ‘‘making such election’’ and inserting ‘‘a person is
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1 required to make a designation under this sub2 section, the person’’; and

3 (4) in section 1450(j)(1), by striking ‘‘An annu4 ity’’ and all that follows through the period and in5 serting ‘‘A reserve-component annuity shall be effec6 tive in accordance with the designation made under

7 section 1448(e) of this title by the person providing

8 the annuity.’’.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section apply only with respect to a notification under

11 section 12731(d) of title 10, United States Code, made

12 after January 1, 2001, that a member of a reserve compo13 nent has completed the years of service required for eligi14 bility for reserve-component retired pay.

15 SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR

16 BENEFIT PLAN ANNUITIES FOR SURVIVING

17 SPOUSES AGE 62 OR OLDER.

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that, subject to the requirements and limitations of

20 congressional budget procedures relating to the enactment

21 of new (or increased) entitlement authority, there should

22 be enacted legislation that increases the annuities provided

23 under the Survivor Benefit Plan program for surviving

24 spouses who are 62 years of age or older in order to reduce

25 (and eventually eliminate) the different levels of annuities
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1 under that program for surviving spouses who are under

2 age 62 and those who are 62 years of age and older.

3 (b) SURVIVOR BENEFIT PLAN.—For purposes of this

4 section, the term ‘‘Survivor Benefit Plan program’’ means

5 the program of annuities for survivors of members of the

6 uniformed services provided under subchapter II of chap7 ter 73 of title 10, United States Code.

8 SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHOR9 ITY TO REPEAL EXCLUSION OF UNIFORMED

10 SERVICES RETIREES IN RECEIPT OF DIS11 ABILITY RETIRED PAY.

12 (a) ELIGIBILITY FOR CHAPTER 61 RETIREES.—Sec13 tion 1413(c) of title 10, United States Code, is amended

14 by striking ‘‘(other than a member who is retired under

15 chapter 61 of this title)’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on October 1, 2001, and

18 shall apply to months that begin on or after that date.

19 No benefit may be paid under section 1413 of title 10,

20 United States Code, to any person by reason of the

21 amendment made by subsection (a) for any period before

22 that date.
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1 Subtitle E—Other Matters

2 SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.

3 (a) EFFECTIVE DATE OF AUTHORITY TO PARTICI4 PATE.—Section 663 of the National Defense Authoriza5 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

6 Stat. 673; 5 U.S.C. 8440 note) is amended to read as fol7 lows:

8 ‘‘SEC. 663. EFFECTIVE DATE.

9 ‘‘(a) IN GENERAL.—Except as provided in subsection

10 (b), the amendments made by this subtitle shall take effect

11 180 days after the date of the enactment of the Floyd

12 D. Spence National Defense Authorization Act for Fiscal

13 Year 2001.

14 ‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Sec15 retary of Defense may postpone by up to 180 days after

16 the date that would otherwise apply under subsection

17 (a)—

18 ‘‘(A) the date as of which the amendments

19 made by this subtitle shall take effect; or

20 ‘‘(B) the date as of which section 211(a)(2) of

21 title 37, United States Code (as added by this sub22 title) shall take effect.

23 ‘‘(2) Postponement authority under this subsection

24 may be exercised only to the extent that the failure to do

25 so would prevent the Federal Retirement Thrift Invest-
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1 ment Board from being able to provide timely and accu2 rate services to investors or would place an excessive bur3 den on the administrative capacity of the Board to accom4 modate participants in the Thrift Savings Plan, as deter5 mined by the Secretary of Defense after consultation with

6 the Executive Director (appointed by the Board).

7 ‘‘(3) Paragraph (1) includes the authority to post8 pone the effective date of the amendments made by this

9 subtitle (apart from section 211(a)(2) of title 37, United

10 States Code), and the effective date of such section

11 211(a)(2), by different lengths of time.

12 ‘‘(4) The Secretary shall notify the congressional de13 fense committees, the Committee on Government Reform

14 of the House of Representatives, and the Committee on

15 Governmental Affairs of the Senate of any determination

16 made under this subsection.’’.

17 (b) REGULATIONS.—Section 661(b) of such Act (113

18 Stat. 672; 5 U.S.C. 8440e note) is amended by striking

19 ‘‘the date on which’’ and all that follows through ‘‘later,’’

20 and inserting ‘‘the 180th day after the date of the enact21 ment of the Floyd D. Spence National Defense Authoriza22 tion Act for Fiscal Year 2001,’’.

23 (c) CONFORMING AMENDMENT.—Section

24 8440e(b)(2)(B)(i) of title 5, United States Code, is

25 amended by striking ‘‘as of’’ and all that follows through
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1 ‘‘thereof)’’ and inserting ‘‘as of the effective date that ap2 plies with respect to such individual under section 663 of

3 the National Defense Authorization Act for Fiscal Year

4 2000’’.

5 SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR

6 SPECIAL SUPPLEMENTAL FOOD PROGRAM.

7 Section 1060a(c)(1)(B) of title 10, United States

8 Code, is amended by striking the second sentence and in9 serting the following new sentence: ‘‘In the application of

10 such criterion, the Secretary shall exclude from income

11 any basic allowance for housing as permitted under section

12 17(d)(2)(B) of the Child Nutrition Act of 1966 (42 U.S.C.

13 1786(d)(2)(B)).’’.

14 SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS

15 TRAVELING FOR INACTIVE-DUTY TRAINING.

16 (a) IN GENERAL.—(1) Chapter 1217 of title 10,

17 United States Code, is amended by inserting after section

18 12603 the following new section:

19 ‘‘§ 12604. Billeting in Department of Defense facili20 ties: Reserves attending inactive-duty

21 training

22 ‘‘(a) AUTHORITY FOR BILLETING ON SAME BASIS AS

23 ACTIVE DUTY MEMBERS TRAVELING UNDER ORDERS.—

24 The Secretary of Defense shall prescribe regulations au25 thorizing a Reserve traveling to inactive-duty training at
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1 a location more than 50 miles from that Reserve’s resi2 dence to be eligible for billeting in Department of Defense

3 facilities on the same basis and to the same extent as a

4 member of the armed forces on active duty who is trav5 eling under orders away from the member’s permanent

6 duty station.

7 ‘‘(b) PROOF OF REASON FOR TRAVEL.—The Sec8 retary shall include in the regulations the means for con9 firming a Reserve’s eligibility for billeting under sub10 section (a).’’.

11 (2) The table of sections at the beginning of such

12 chapter is amended by inserting after the item relating

13 to section 12603 the following new item:

‘‘12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training.’’.

14 (b) EFFECTIVE DATE.—Section 12604 of title 10,

15 United States Code, as added by subsection (a), shall

16 apply with respect to periods of inactive-duty training be17 ginning more than 180 days after the date of the enact18 ment of this Act.

19 SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR

20 UNUSED ACCRUED LEAVE AND FOR RETIRED

21 PAY.

22 (a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED

23 LEAVE.—Subsection (a)(1)(A) of section 3702 of title 31,
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1 United States Code, is amended by inserting ‘‘payments

2 for unused accrued leave,’’ after ‘‘transportation,’’.

3 (b) WAIVER OF TIME LIMITATIONS.—Subsection

4 (e)(1) of such section is amended by striking ‘‘claim for

5 pay or allowances provided under title 37’’ and inserting

6 ‘‘claim for pay, allowances, or payment for unused accrued

7 leave under title 37 or a claim for retired pay under title

8 10’’.

9 SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR

10 PERSONNEL INCURRING INJURY, ILLNESS,

11 OR DISEASE IN THE PERFORMANCE OF FU12 NERAL HONORS DUTY.

13 (a) INCAPACITATION PAY.—Section 204 of title 37,

14 United States Code, is amended—

15 (1) in subsection (g)(1)—

16 (A) by striking ‘‘or’’ at the end of subpara17 graph (C);

18 (B) by striking the period at the end of

19 subparagraph (D) and inserting ‘‘; or’’; and

20 (C) by adding at the end the following:

21 ‘‘(E) in line of duty while—

22 ‘‘(i) serving on funeral honors duty under

23 section 12503 of title 10 or section 115 of title

24 32;
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1 ‘‘(ii) traveling to or from the place at

2 which the duty was to be performed; or

3 ‘‘(iii) remaining overnight at or in the vi4 cinity of that place immediately before so serv5 ing, if the place is outside reasonable com6 muting distance from the member’s residence.’’;

7 and

8 (2) in subsection (h)(1)—

9 (A) by striking ‘‘or’’ at the end of subpara10 graph (C);

11 (B) by striking the period at the end of

12 subparagraph (D) and inserting ‘‘; or’’; and

13 (C) by adding at the end the following:

14 ‘‘(E) in line of duty while—

15 ‘‘(i) serving on funeral honors duty under

16 section 12503 of title 10 or section 115 of title

17 32;

18 ‘‘(ii) traveling to or from the place at

19 which the duty was to be performed; or

20 ‘‘(iii) remaining overnight at or in the vi21 cinity of that place immediately before so serv22 ing, if the place is outside reasonable com23 muting distance from the member’s residence.’’.

24 (b) TORT CLAIMS.—Section 2671 of title 28, United

25 States Code, is amended by inserting ‘‘115,’’ in the second
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1 paragraph after ‘‘members of the National Guard while

2 engaged in training or duty under section’’.

3 (c) APPLICABILITY.—(1) The amendments made by

4 subsection (a) shall apply with respect to months begin5 ning on or after the date of the enactment of this Act.

6 (2) The amendment made by subsection (b) shall

7 apply with respect to acts and omissions occurring before,

8 on, or after the date of the enactment of this Act.

9 SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR

10 FILING CLAIMS ASSOCIATED WITH CAPTURE

11 AND INTERNMENT OF CERTAIN PERSONS BY

12 NORTH VIETNAM.

13 Section 657(d)(1) of the National Defense Authoriza14 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

15 Stat. 2585) is amended by adding at the end the following

16 new sentence: ‘‘The Secretary may, in the case of any

17 claim under this section, extend the time limitation under

18 the preceding sentence by up to 18 months if the Sec19 retary determines that such an extension in the case of

20 that claim is necessary to prevent an injustice or that fail21 ure of the claimant to file the claim within that time limi22 tation is due to excusable neglect.’’.
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1 SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MA2 RINE CORPS SELECTED FOR PROMOTION

3 WHILE INTERNED AS PRISONERS OF WAR

4 DURING WORLD WAR II.

5 (a) ENTITLEMENT OF FORMER PRISONERS OF

6 WAR.—Upon receipt of a claim made in accordance with

7 this section, the Secretary of the Navy shall pay, from any

8 appropriation currently available to the Secretary, back

9 pay to any person who, by reason of being interned as

10 a prisoner of war while serving as a member of the Navy

11 or the Marine Corps during World War II, was not avail12 able to accept a promotion for which the person had been

13 selected.

14 (b) PAYMENT TO SURVIVING SPOUSE OF DECEASED

15 FORMER MEMBER.—In the case of a person described in

16 subsection (a) who is deceased, the back pay for that per17 son under this section shall be paid to the living surviving

18 spouse of that person, if any. If there is no living surviving

19 spouse, no claim may be paid under this section with re20 spect to that person.

21 (c) AMOUNT OF BACK PAY.—(1) The amount of back

22 pay payable to or for a person described in subsection (a)

23 is the amount equal to the difference between—

24 (A) the total amount of basic pay that would

25 have been paid to that person for service in the

26 Navy or the Marine Corps for the back-pay com-
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1 putation period if the person had been promoted to

2 the grade to which selected to be promoted; and

3 (B) the total amount of basic pay that was ac4 tually paid to or for that person for such service for

5 the back-pay computation period.

6 (2) For purposes of paragraph (1), the back-pay com7 putation period for a person covered by subsection (a) is

8 the period—

9 (A) beginning on the date (as determined by

10 the Secretary of the Navy) as of when that person’s

11 promotion would have been effective for pay pur12 poses but for the person’s internment as a prisoner

13 of war; and

14 (B) ending on the earliest of—

15 (i) the date of the person’s discharge or re16 lease from active duty;

17 (ii) the date on which the person’s pro18 motion to that grade in fact became effective

19 for pay purposes; and

20 (iii) the end of World War II.

21 (d) TIME LIMITATIONS.—(1) To be eligible for a pay22 ment under this section, a claimant must file a claim for

23 such payment with the Secretary of the Navy within two

24 years after the effective date of the regulations prescribed

25 to carry out this section.
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1 (2) Not later than 18 months after receiving a claim

2 for payment under this section, the Secretary shall deter3 mine the eligibility of the claimant for payment of the

4 claim. Subject to subsection (f), if the Secretary deter5 mines that the claimant is eligible for the payment, the

6 Secretary shall promptly pay the claim.

7 (e) REGULATIONS.—Not later than six months after

8 the date of the enactment of this Act, the Secretary of

9 the Navy shall prescribe regulations to carry out this sec10 tion. Such regulations shall include procedures by which

11 persons may submit claims for payment under this section.

12 (f) LIMITATION ON DISBURSEMENT.—(1) Notwith13 standing any power of attorney, assignment of interest,

14 contract, or other agreement, the actual disbursement of

15 a payment of back pay under this section may be made

16 only to a person who is eligible for the payment under

17 subsection (a) or (b).

18 (2) In the case of a claim approved for payment but

19 not disbursed as a result of paragraph (1), the Secretary

20 shall hold the funds in trust for the person in an interest

21 bearing account until such time as the person makes an

22 election under such paragraph.

23 (g) ATTORNEY FEES.—Notwithstanding any con24 tract, the representative of a person may not receive, for

25 services rendered in connection with the claim of, or with
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1 respect to, a person under this section, more than 10 per2 cent of the amount of a payment made under this section

3 on that claim.

4 (h) OUTREACH.—The Secretary of the Navy shall

5 take such actions as are necessary to ensure that the bene6 fits and eligibility for benefits under this section are widely

7 publicized by means designed to provide actual notice of

8 the availability of the benefits in a timely manner to the

9 maximum number of eligible persons practicable.

10 (i) DEFINITION.—In this section, the term ‘‘World

11 War II’’ has the meaning given that term in section

12 101(8) of title 38, United States Code.

13 SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING

14 FOR RESERVE COMPONENTS.

15 It is the sense of Congress that it is in the national

16 interest for the President, in the President’s Budget for

17 each fiscal year, to provide funds for the reserve compo18 nents of the Armed Forces at a level sufficient to ensure

19 that the reserve components are able to meet the require20 ments, including training requirements, specified for them

21 in the National Military Strategy.

22 TITLE VII—HEALTH CARE

23 PROVISIONS

Subtitle A—Health Care Services

Sec. 701. Provision of domiciliary and custodial care for CHAMPUS beneficiaries and certain former CHAMPUS beneficiaries.

Sec. 702. Chiropractic health care for members on active duty.
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Sec. 703. School-required physical examinations for certain minor dependents.

Sec. 704. Two-year extension of dental and medical benefits for surviving dependents of certain deceased members.

Sec. 705. Two-year extension of authority for use of contract physicians at military entrance processing stations and elsewhere outside medical

treatment facilities.

Sec. 706. Medical and dental care for Medal of Honor recipients.

Subtitle B—Senior Health Care

Sec. 711. Implementation of TRICARE senior pharmacy program.

Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the attainment of age 65; expansion and modification of medicare

subvention project.

Sec. 713. Accrual funding for health care for medicare-eligible retirees and dependents.

Subtitle C—TRICARE Program

Sec. 721. Improvement of access to health care under the TRICARE program.

Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in

the continental United States.

Sec. 723. Modernization of TRICARE business practices and increase of use of

military treatment facilities.

Sec. 724. Extension of TRICARE managed care support contracts.

Sec. 725. Report on protections against health care providers seeking direct reimbursement from members of the uniformed services.

Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental program.

Sec. 727. Claims processing improvements.

Sec. 728. Prior authorizations for certain referrals and nonavailability-ofhealth-care statements.

Subtitle D—Demonstration Projects

Sec. 731. Demonstration project for expanded access to mental health counselors.

Sec. 732. Teleradiology demonstration project.

Sec. 733. Health care management demonstration program.

Subtitle E—Joint Initiatives With Department of Veterans

Affairs

Sec. 741. VA-DOD sharing agreements for health services.

Sec. 742. Processes for patient safety in military and veterans health care systems.

Sec. 743. Cooperation in developing pharmaceutical identification technology.

Subtitle F—Other Matters

Sec. 751. Management of anthrax vaccine immunization program.

Sec. 752. Elimination of copayments for immediate family.

Sec. 753. Medical informatics.

Sec. 754. Patient care reporting and management system.

Sec. 755. Augmentation of Army Medical Department by detailing Reserve officers of the Public Health Service.

Sec. 756. Privacy of Department of Defense medical records.
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Sec. 757. Authority to establish special locality-based reimbursement rates; reports.

Sec. 758. Reimbursement for certain travel expenses.

Sec. 759. Reduction of cap on payments.

Sec. 760. Training in health care management and administration.

Sec. 761. Studies on feasibility of sharing biomedical research facility.

Sec. 762. Study on comparability of coverage for physical, speech, and occupational therapies.

1 Subtitle A—Health Care Services

2 SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL

3 CARE FOR CHAMPUS BENEFICIARIES AND

4 CERTAIN FORMER CHAMPUS BENEFICIARIES.

5 (a) CONTINUATION OF CARE FOR CERTAIN

6 CHAMPUS BENEFICIARIES.—Section 703(a)(1) of the

7 National Defense Authorization Act for Fiscal Year 2000

8 (Public Law 106–65; 113 Stat. 682; 10 U.S.C. 1077 note)

9 is amended by inserting before the period at the end the

10 following: ‘‘or by the prohibition in section 1086(d)(1) of

11 such title’’.

12 (b) REIMBURSEMENT FOR SERVICES PROVIDED.—

13 Section 703(a) of such Act is further amended by adding

14 at the end the following new paragraph:

15 ‘‘(4) The Secretary may provide payment for domi16 ciliary or custodial care services provided to an eligible

17 beneficiary for which payment was discontinued by reason

18 of section 1086(d) of title 10, United States Code, and

19 subsequently reestablished under other legal authority.

20 Such payment is authorized for the period beginning on

21 the date of discontinuation of payment for domiciliary or
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1 custodial care services and ending on the date of reestab2 lishment of payment for such services.’’.

3 (c) COST LIMITATION FOR INDIVIDUAL CASE MAN4 AGEMENT PROGRAM.—(1) Section 1079(a)(17) of title 10,

5 United States Code, is amended—

6 (A) by inserting ‘‘(A)’’ after ‘‘(17)’’; and

7 (B) by adding at the end the following:

8 ‘‘(B) The total amount expended under sub9 paragraph (A) for a fiscal year may not exceed

10 $100,000,000.’’.

11 (2) Section 703 of the National Defense Authoriza12 tion Act for Fiscal Year 2000 is further amended by add13 ing at the end the following:

14 ‘‘(e) COST LIMITATION.—The total amount paid for

15 services for eligible beneficiaries under subsection (a) for

16 a fiscal year (together with the costs of administering the

17 authority under that subsection) shall be included in the

18 expenditures limited by section 1079(a)(17)(B) of title 10,

19 United States Code.’’.

20 (3) The amendments made by paragraphs (1) and (2)

21 shall apply to fiscal years after fiscal year 1999.

22 (d) STUDY REQUIRED.—(1) Not later than the date

23 that is three months after the date of the enactment of

24 this Act, the Comptroller General of the United States

25 shall undertake a study to evaluate the coordination and
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1 effectiveness of the supplemental disability health care

2 programs of the Department of Defense, the Program for

3 Persons with Disabilities and the Individual Case Manage4 ment Program for Persons with Disabilities, as such pro5 grams relate to other elements of the TRICARE program

6 in meeting the health care needs of disabled dependents

7 of members of the Armed Forces on active duty. The

8 Comptroller General shall examine—

9 (A) the number of such dependents who receive

10 services under the Program for Persons with Dis11 abilities, and the number of beneficiaries receiving

12 care under the Individual Case Management Pro13 gram for Persons with Disabilities, and a description

14 of the patterns of use and expenditures for services

15 provided under such programs;

16 (B) the effectiveness of the existing system for

17 coordinating the provision of services under the

18 TRICARE program and the supplemental disability

19 programs of the Department of Defense, including

20 the comprehensiveness of services and the cost effec21 tiveness of providing services;

22 (C) the extent to which the monthly maximum

23 benefit imposed under current law under the Pro24 gram for Persons with Disabilities affects the ability

25 of beneficiaries to obtain needed health care services;
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1 (D) the number of beneficiaries who are receiv2 ing services that supplement services to the

3 TRICARE program under the Program for Persons

4 with Disabilities and the Individual Case Manage5 ment Program for Persons with Disabilities; and

6 (E) the extent to which costs or lack of cov7 erage for health care services for disabled depend8 ents of members of the Armed Forces on active duty

9 under existing military health care programs has

10 caused increased enrollment of such dependents in

11 medicaid programs.

12 (2) Not later than April 16, 2001, the Comptroller

13 General shall submit to Congress a report on the results

14 of the study under this section, including recommenda15 tions for legislative or administrative changes for pro16 viding a comprehensive, efficient, and complete system of

17 health care services for disabled dependents of members

18 of the Armed Forces on active duty.

19 SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON

20 ACTIVE DUTY.

21 (a) PLAN REQUIRED.—(1) Not later than March 31,

22 2001, the Secretary of Defense shall complete develop23 ment of a plan to provide chiropractic health care services

24 and benefits, as a permanent part of the Defense Health

25 Program (including the TRICARE program), for all mem-
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1 bers of the uniformed services who are entitled to care

2 under section 1074(a) of title 10, United States Code.

3 (2) The plan shall provide for the following:

4 (A) Access, at designated military medical

5 treatment facilities, to the scope of chiropractic serv6 ices as determined by the Secretary, which includes,

7 at a minimum, care for neuro-musculoskeletal condi8 tions typical among military personnel on active

9 duty.

10 (B) A detailed analysis of the projected costs of

11 fully integrating chiropractic health care services

12 into the military health care system.

13 (C) An examination of the proposed military

14 medical treatment facilities at which such services

15 would be provided.

16 (D) An examination of the military readiness

17 requirements for chiropractors who would provide

18 such services.

19 (E) An examination of any other relevant fac20 tors that the Secretary considers appropriate.

21 (F) Phased-in implementation of the plan over

22 a 5-year period, beginning on October 1, 2001.

23 (b) CONSULTATION REQUIREMENTS.—The Secretary

24 of Defense shall consult with the other administering Sec25 retaries described in section 1073 of title 10, United
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1 States Code, and the oversight advisory committee estab2 lished under section 731 of the National Defense Author3 ization Act for Fiscal Year 1995 (Public Law 103–337;

4 10 U.S.C. 1092 note) regarding the following:

5 (1) The development and implementation of the

6 plan required under subsection (a).

7 (2) Each report that the Secretary is required

8 to submit to Congress regarding the plan.

9 (3) The selection of the military medical treat10 ment facilities at which the chiropractic services de11 scribed in subsection (a)(2)(A) are to be provided.

12 (c) CONTINUATION OF CURRENT SERVICES.—Until

13 the plan required under subsection (a) is implemented, the

14 Secretary shall continue to furnish the same level of chiro15 practic health care services and benefits under the Defense

16 Health Program that is provided during fiscal year 2000

17 at military medical treatment facilities that provide such

18 services and benefits.

19 (d) REPORT REQUIRED.—Not later than January 31,

20 2001, the Secretary of Defense shall submit a report on

21 the plan required under subsection (a), together with ap22 propriate appendices and attachments, to the Committees

23 on Armed Services of the Senate and the House of Rep24 resentatives.
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1 (e) GAO REPORTS.—The Comptroller General shall

2 monitor the development and implementation of the plan

3 required under subsection (a), including the administra4 tion of services and benefits under the plan, and periodi5 cally submit to the committees referred to in subsection

6 (d) written reports on such development and implementa7 tion.

8 SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS

9 FOR CERTAIN MINOR DEPENDENTS.

10 Section 1076 of title 10, United States Code is

11 amended by adding at the end the following:

12 ‘‘(f)(1) The administering Secretaries shall furnish

13 an eligible dependent a physical examination that is re14 quired by a school in connection with the enrollment of

15 the dependent as a student in that school.

16 ‘‘(2) A dependent is eligible for a physical examina17 tion under paragraph (1) if the dependent—

18 ‘‘(A) is entitled to receive medical care under

19 subsection (a) or is authorized to receive medical

20 care under subsection (b); and

21 ‘‘(B) is at least 5 years of age and less than 12

22 years of age.

23 ‘‘(3) Nothing in paragraph (2) may be construed to

24 prohibit the furnishing of a school-required physical exam25 ination to any dependent who, except for not satisfying
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1 the age requirement under that paragraph, would other2 wise be eligible for a physical examination required to be

3 furnished under this subsection.’’.

4 SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL

5 BENEFITS FOR SURVIVING DEPENDENTS OF

6 CERTAIN DECEASED MEMBERS.

7 (a) DENTAL BENEFITS.—Section 1076a(k)(2) of title

8 10, United States Code, is amended by striking ‘‘one-year

9 period’’ and inserting ‘‘three-year period’’.

10 (b) MEDICAL BENEFITS.—Section 1079(g) of title

11 10, United States Code, is amended by striking ‘‘one-year

12 period’’ in the second sentence and inserting ‘‘three-year

13 period’’.

14 SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE

15 OF CONTRACT PHYSICIANS AT MILITARY EN16 TRANCE PROCESSING STATIONS AND ELSE17 WHERE OUTSIDE MEDICAL TREATMENT FA18 CILITIES.

19 Section 1091(a)(2) of title 10, United States Code,

20 is amended by striking ‘‘December 31, 2000’’ in the sec21 ond sentence and inserting ‘‘December 31, 2002’’.
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1 SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF

2 HONOR RECIPIENTS.

3 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

4 States Code, is amended by inserting after section 1074g

5 the following new section:

6 ‘‘§ 1074h. Medical and dental care: medal of honor re7 cipients; dependents

8 ‘‘(a) MEDAL OF HONOR RECIPIENTS.—A former

9 member of the armed forces who is a Medal of Honor re10 cipient and who is not otherwise entitled to medical and

11 dental benefits under this chapter may, upon request, be

12 given medical and dental care provided by the admin13 istering Secretaries in the same manner as if entitled to

14 retired pay.

15 ‘‘(b) IMMEDIATE DEPENDENTS.—A person who is an

16 immediate dependent of a Medal of Honor recipient and

17 who is not otherwise entitled to medical and dental bene18 fits under this chapter may, upon request, be given med19 ical and dental care provided by the administering Secre20 taries in the same manner as if the Medal of Honor recipi21 ent were, or (if deceased) was at the time of death, entitled

22 to retired pay.

23 ‘‘(c) DEFINITIONS—In this section:

24 ‘‘(1) The term ‘Medal of Honor recipient’

25 means a person who has been awarded a medal of
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1 honor under section 3741, 6241, or 8741 of this

2 title or section 491 of title 14.

3 ‘‘(2) The term ‘immediate dependent’ means a

4 dependent described in subparagraph (A), (B), (C),

5 or (D) of section 1072(2) of this title.’’.

6 (2) The table of sections at the beginning of such

7 chapter is amended by inserting after the item relating

8 to section 1074g the following new item:

‘‘1074h. Medical and dental care: medal of honor recipients; dependents.’’.

9 (b) EFFECTIVE DATE.—Section 1074h of title 10,

10 United States Code, shall apply with respect to medical

11 and dental care provided on or after the date of the enact12 ment of this Act.

13 Subtitle B—Senior Health Care

14 SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHAR15 MACY PROGRAM.

16 (a) EXPANSION OF TRICARE SENIOR PHARMACY

17 PROGRAM.—Section 723 of the Strom Thurmond Na18 tional Defense Authorization Act for Fiscal Year 1999

19 (Public Law 105–261; 112 Stat. 2068; 10 U.S.C. 1073

20 note) is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘October 1, 1999’’ and in23 serting ‘‘April 1, 2001’’; and

24 (B) by striking ‘‘who reside in an area se25 lected under subsection (f)’’;
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1 (2) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) PROGRAM REQUIREMENTS.—The same coverage

4 for pharmacy services and the same requirements for cost

5 sharing and reimbursement as are applicable under sec6 tion 1086 of title 10, United States Code, shall apply with

7 respect to the program required by subsection (a).’’;

8 (3) in subsection (d)—

9 (A) by striking ‘‘December 31, 2000’’ and

10 inserting ‘‘December 31, 2001’’; and

11 (B) by striking ‘‘December 31, 2002’’ and

12 inserting ‘‘December 31, 2003’’;

13 (4) in subsection (e)—

14 (A) in paragraph (1)—

15 (i) in subparagraph (B), by inserting

16 ‘‘and’’ after the semicolon;

17 (ii) in subparagraph (C), by striking

18 ‘‘; and’’ and inserting a period; and

19 (iii) by striking subparagraph (D);

20 and

21 (B) in paragraph (2), by striking ‘‘at the

22 time’’ and all that follows through ‘‘facility’’

23 and inserting ‘‘, before April 1, 2001, has at24 tained the age of 65 and did not enroll in the

25 program described in such paragraph’’; and
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1 (5) by striking subsection (f).

2 (b) TERMINATION OF DEMONSTRATION PROJECT

3 AND RETAIL PHARMACY NETWORK REQUIREMENTS.—

4 Section 702 of the National Defense Authorization Act for

5 Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1079

6 note) is amended by adding at the end the following:

7 ‘‘(h) TERMINATION.—This section shall cease to

8 apply to the Secretary of Defense on the date after the

9 implementation of section 711 of the Floyd D. Spence Na10 tional Defense Authorization Act for Fiscal Year 2001

11 that the Secretary determines appropriate, with a view to

12 minimizing instability with respect to the provision of

13 pharmacy benefits, but in no case later than the date that

14 is one year after the date of the enactment of such Act.’’.

15 SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS

16 AND TRICARE UPON THE ATTAINMENT OF

17 AGE 65; EXPANSION AND MODIFICATION OF

18 MEDICARE SUBVENTION PROJECT.

19 (a) ELIGIBILITY OF MEDICARE ELIGIBLE PER20 SONS.—(1) Section 1086(d) of title 10, United States

21 Code, is amended—

22 (A) by striking paragraph (2) and inserting the

23 following:

24 ‘‘(2) The prohibition contained in paragraph (1) shall

25 not apply to a person referred to in subsection (c) who—
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1 ‘‘(A) is enrolled in the supplementary medical

2 insurance program under part B of such title (42

3 U.S.C. 1395j et seq.); and

4 ‘‘(B) in the case of a person under 65 years of

5 age, is entitled to hospital insurance benefits under

6 part A of title XVIII of the Social Security Act pur7 suant to subparagraph (A) or (C) of section

8 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or sec9 tion 226A(a) of such Act (42 U.S.C. 426–1(a)).’’;

10 and

11 (B) in paragraph (4), by striking ‘‘paragraph

12 (1) who satisfy only the criteria specified in subpara13 graphs (A) and (B) of paragraph (2), but not sub14 paragraph (C) of such paragraph,’’ and inserting

15 ‘‘subparagraph (B) of paragraph (2) who do not sat16 isfy the condition specified in subparagraph (A) of

17 such paragraph’’.

18 (2) Subsection (a)(4)(A) of section 1896 of the Social

19 Security Act (42 U.S.C. 1395ggg) is amended to read as

20 follows:

21 ‘‘(A) is eligible for health benefits under

22 section 1086 of such title by reason of sub23 section (c)(1) of such section;’’.

24 (3) The amendments made by paragraphs (1) and (2)

25 shall take effect on October 1, 2001.
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1 (b) 1-YEAR EXTENSION OF MEDICARE SUBVENTION

2 PROJECT.—Section 1896 of the Social Security Act (42

3 U.S.C. 1395ggg) is amended—

4 (1) in subsection (b)(4), by striking ‘‘3-year pe5 riod’’ and inserting ‘‘4-year period’’; and

6 (2) in subsection (i)(4)—

7 (A) by striking ‘‘and’’ at the end of sub8 paragraph (B);

9 (B) by striking the period at the end of

10 subparagraph (C) and inserting ‘‘; and’’; and

11 (C) by adding at the end the following new

12 subparagraph:

13 ‘‘(D) $70,000,000 for calendar year

14 2001.’’.

15 (c) FURTHER EXTENSION OF MEDICARE SUB16 VENTION PROJECT.—(1) Subsection (b)(4) of section

17 1896 of the Social Security Act (42 U.S.C. 1395ggg) is

18 amended by striking the period at the end and inserting

19 the following: ‘‘, except that the administering Secretaries

20 may negotiate and (subject to section 701(f) of the Floyd

21 D. Spence National Defense Authorization Act for Fiscal

22 Year 2001) enter into a new or revised agreement under

23 paragraph (1)(A) to continue the project after the end of

24 such period. If the project is so continued, the admin25 istering Secretaries may terminate the agreement under
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1 which the program operates after providing notice to Con2 gress in accordance with subsection (k)(2)(B)(v).’’.

3 (2) Such section is further amended—

4 (A) in the heading, by striking ‘‘DEMONSTRA5 TION PROJECT’’ and inserting ‘‘PROGRAM’’;

6 (B) by amending paragraph (2) of subsection

7 (a) to read as follows:

8 ‘‘(2) PROGRAM.—The term ‘program’ means the pro9 gram carried out under this section.’’;

10 (C) by striking ‘‘DEMONSTRATION PROJECT’’

11 and ‘‘demonstration project’’ and ‘‘project’’ each

12 place each appears and inserting ‘‘PROGRAM’’, ‘‘pro13 gram’’, and ‘‘program’’ respectively ; and

14 (D) by striking ‘‘DEMONSTRATION’’ in the

15 heading of subsection (j)(1).

16 (3) Subsection (i)(4) of such section is amended to

17 read as follows:

18 ‘‘(4) CAP ON AMOUNT.—The maximum aggre19 gate expenditures from the trust funds under this

20 subsection pursuant to the agreement entered into

21 between the administering Secretaries under sub22 section (b) for a fiscal year (before fiscal year 2006)

23 shall not exceed the amount agreed by the Secre24 taries to be the amount that would have been ex25 pended from the trust funds on beneficiaries who en-
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1 roll in the program, had the program not been es2 tablished, plus the following:

3 ‘‘(A) $35,000,000 for fiscal year 2002.

4 ‘‘(B) $55,000,000 for fiscal year 2003.

5 ‘‘(C) $75,000,000 for fiscal year 2004.

6 ‘‘(D) $100,000,000 for fiscal year 2005.’’.

7 (d) AUTHORIZING PROGRAM EXPANSION AND MODI8 FICATIONS.—(1) Paragraph (2) of subsection (b) of such

9 section 1896 is amended to read as follows:

10 ‘‘(2) LOCATION OF SITES.—Subject to sub11 section (k)(2)(B), the program shall be conducted in

12 any site that is designated jointly by the admin13 istering Secretaries.’’.

14 (2) Subsection (d)(2) of such section is amended by

15 inserting ‘‘, or (subject to subsection (k)(2)(B)) such com16 parable requirements as are included in the agreement

17 under subsection (b)(1)(A)’’ after ‘‘the following areas’’.

18 (3) Subsection (i) of such section is amended—

19 (A) in paragraph (2), by inserting ‘‘subject to

20 paragraph (4),’’ after ‘‘paragraph (1)’’; and

21 (B) by striking paragraph (4) and inserting the

22 following:

23 ‘‘(4) MODIFICATION OF PAYMENT METHOD24 OLOGY.—The administering Secretaries may, subject

25 to subsection (k)(2)(B), modify the payment meth-
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1 odology provided under paragraphs (1) and (2) so

2 long as the amount of the reimbursement provided

3 to the Secretary of Defense fully reimburses the De4 partment of Defense for its cost of providing services

5 under the program but does not exceed an amount

6 that is estimated to be equivalent to the amount that

7 otherwise would have been expended under this title

8 for such services if provided other than under the

9 program (not including amounts described in para10 graph (2)). Such limiting amount may be based for

11 any site on the amount that would be payable to

12 Medicare+Choice organizations under part C for the

13 area of the site or the amounts that would be pay14 able under parts A and B.’’.

15 (e) CHANGE IN REPORTS.—Paragraph (2) of sub16 section (k) of such section 1896 is amended to read as

17 follows:

18 ‘‘(2) REPORTS ON PROGRAM OPERATION AND

19 CHANGES.—

20 ‘‘(A) ANNUAL REPORT.—The admin21 istering Secretaries shall submit to the Commit22 tees on Armed Services and Finance of the Sen23 ate and the Committees on Armed Services and

24 Ways and Means of the House of Representa25 tives an annual report on the program and its
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1 impact on costs and the provision of health

2 services under this title and title 10, United

3 States Code.

4 ‘‘(B) BEFORE MAKING CERTAIN PROGRAM

5 CHANGES.—The administering Secretaries shall

6 submit to such Committees a report at least 60

7 days before—

8 ‘‘(i) changing the designation of a site

9 under subsection (b)(2);

10 ‘‘(ii) applying comparable require11 ments under subsection (d)(2);

12 ‘‘(iii) making significant changes in

13 payment methodology or amounts under

14 subsection (i)(4);

15 ‘‘(iv) making other significant changes

16 in the operation of the program; or

17 ‘‘(v) terminating the agreement under

18 the second sentence of subsection (b)(4).

19 ‘‘(C) EXPLANATION.—Each report under

20 subparagraph (B) shall include justifications for

21 the changes or termination to which the report

22 refers.’’.

23 (f) CONDITIONAL EFFECTIVE DATE.—(1) Upon ne24 gotiating an agreement under the amendment made by

25 subsection (c)(1), the Secretary of Defense and the Sec-
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1 retary of Health and Human Services shall jointly trans2 mit a notification of the proposed agreement to the Com3 mittee on Armed Services and the Committee on Finance

4 of the Senate and the Committee on Armed Services and

5 the Committee on Ways and Means of the House of Rep6 resentatives, and shall include with the transmittal a copy

7 of the proposed agreement and all related agreements and

8 supporting documents.

9 (2) Such proposed agreement shall take effect, and

10 the amendments made by subsections (c)(2), (c)(3), (d),

11 and (e) shall take effect, on such date as is provided for

12 in such agreement and in an Act enacted after the date

13 of the enactment of this Act.

14 SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR

15 MEDICARE-ELIGIBLE RETIREES AND DE16 PENDENTS.

17 (a) ESTABLISHMENT OF FUND.—(1) Part II of sub18 title A of title 10, United States Code, is amended by in19 serting after chapter 55 the following new chapter:

20 ‘‘CHAPTER 56—DEPARTMENT OF DEFENSE

21 MEDICARE-ELIGIBLE RETIREE

22 HEALTH CARE FUND

‘‘Sec.

‘‘1111. Establishment and purpose of Fund; definitions.

‘‘1112. Assets of Fund.

‘‘1113. Payments from the Fund.

‘‘1114. Board of Actuaries.

‘‘1115. Determination of contributions to the Fund.
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‘‘1116. Payments into the Fund.

‘‘1117. Investment of assets of Fund.

1 ‘‘§ 1111. Establishment and purpose of Fund; defini2 tions

3 ‘‘(a) There is established on the books of the Treas4 ury a fund to be known as the Department of Defense

5 Medicare-Eligible Retiree Health Care Fund (hereinafter

6 in this chapter referred to as the ‘‘Fund’’), which shall

7 be administered by the Secretary of the Treasury. The

8 Fund shall be used for the accumulation of funds in order

9 to finance on an actuarially sound basis liabilities of the

10 Department of Defense under Department of Defense re11 tiree health care programs for medicare-eligible bene12 ficiaries.

13 ‘‘(b) In this chapter:

14 ‘‘(1) The term ‘Department of Defense retiree

15 health care programs for medicare-eligible bene16 ficiaries’ means the provisions of this title or any

17 other provision of law creating entitlement to health

18 care for a medicare-eligible member or former mem19 ber of the uniformed services entitled to retired or

20 retainer pay, or a medicare-eligible dependent of a

21 member or former member of the uniformed services

22 entitled to retired or retainer pay.
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1 ‘‘(2) The term ‘medicare-eligible’ means entitled

2 to benefits under part A of title XVIII of the Social

3 Security Act (42 U.S.C. 1395c et seq.).

4 ‘‘(3) The term ‘dependent’ means a dependent

5 (as such term is defined in section 1072 of this title)

6 described in section 1076(b)(1) of this title.

7 ‘‘§ 1112. Assets of Fund

8 ‘‘There shall be deposited into the Fund the fol9 lowing, which shall constitute the assets of the Fund:

10 ‘‘(1) Amounts paid into the Fund under section

11 1116 of this title.

12 ‘‘(2) Any amount appropriated to the Fund.

13 ‘‘(3) Any return on investment of the assets of

14 the Fund.

15 ‘‘§ 1113. Payments from the Fund

16 ‘‘(a) There shall be paid from the Fund amounts pay17 able for Department of Defense retiree health care pro18 grams for medicare-eligible beneficiaries.

19 ‘‘(b) The assets of the Fund are hereby made avail20 able for payments under subsection (a).

21 ‘‘§ 1114. Board of Actuaries

22 ‘‘(a)(1) There is established in the Department of De23 fense a Department of Defense Medicare-Eligible Retiree

24 Health Care Board of Actuaries (hereinafter in this chap25 ter referred to as the ‘‘Board’’). The Board shall consist
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1 of three members who shall be appointed by the Secretary

2 of Defense from among qualified professional actuaries

3 who are members of the Society of Actuaries.

4 ‘‘(2)(A) Except as provided in subparagraph (B), the

5 members of the Board shall serve for a term of 15 years,

6 except that a member of the Board appointed to fill a va7 cancy occurring before the end of the term for which his

8 predecessor was appointed shall only serve until the end

9 of such term. A member may serve after the end of his

10 term until his successor has taken office. A member of

11 the Board may be removed by the Secretary of Defense

12 for misconduct or failure to perform functions vested in

13 the Board, and for no other reason.

14 ‘‘(B) Of the members of the Board who are first ap15 pointed under this paragraph, one each shall be appointed

16 for terms ending five, ten, and 15 years, respectively, after

17 the date of appointment, as designated by the Secretary

18 of Defense at the time of appointment.

19 ‘‘(3) A member of the Board who is not otherwise

20 an employee of the United States is entitled to receive pay

21 at the daily equivalent of the annual rate of basic pay of

22 the highest rate of basic pay under the General Schedule

23 of subchapter III of chapter 53 of title 5, for each day

24 the member is engaged in the performance of duties vested

25 in the Board, and is entitled to travel expenses, including
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1 a per diem allowance, in accordance with section 5703 of

2 title 5.

3 ‘‘(b) The Board shall report to the Secretary of De4 fense annually on the actuarial status of the Fund and

5 shall furnish its advice and opinion on matters referred

6 to it by the Secretary.

7 ‘‘(c) The Board shall review valuations of the Fund

8 under section 1115(c) of this title and shall report periodi9 cally, not less than once every four years, to the President

10 and Congress on the status of the Fund. The Board shall

11 include in such reports recommendations for such changes

12 as in the Board’s judgment are necessary to protect the

13 public interest and maintain the Fund on a sound actu14 arial basis.

15 ‘‘§ 1115. Determination of contributions to the Fund

16 ‘‘(a) The Board shall determine the amount that is

17 the present value (as of October 1, 2002) of future bene18 fits payable from the Fund that are attributable to service

19 in the uniformed services performed before October 1,

20 2002. That amount is the original unfunded liability of

21 the Fund. The Board shall determine the period of time

22 over which the original unfunded liability should be liq23 uidated and shall determine an amortization schedule for

24 the liquidation of such liability over that period. Contribu25 tions to the Fund for the liquidation of the original un-
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1 funded liability in accordance with such schedule shall be

2 made as provided in section 1116(b) of this title.

3 ‘‘(b)(1) The Secretary of Defense shall determine

4 each year, in sufficient time for inclusion in budget re5 quests for the following fiscal year, the total amount of

6 Department of Defense contributions to be made to the

7 Fund during that fiscal year under section 1116(a) of this

8 title. That amount shall be the sum of the following:

9 ‘‘(A) The product of—

10 ‘‘(i) the current estimate of the value of

11 the single level dollar amount to be determined

12 under subsection (c)(1)(A) at the time of the

13 next actuarial valuation under subsection (c);

14 and

15 ‘‘(ii) the expected average force strength

16 during that fiscal year for members of the uni17 formed services on active duty (other than ac18 tive duty for training) and full-time National

19 Guard duty (other than full-time National

20 Guard duty for training only).

21 ‘‘(B) The product of—

22 ‘‘(i) the current estimate of the value of

23 the single level dollar amount to be determined

24 under subsection (c)(1)(B) at the time of the
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1 next actuarial valuation under subsection (c);

2 and

3 ‘‘(ii) the expected average force strength

4 during that fiscal year for members of the

5 Ready Reserve of the uniformed services other

6 than members on full-time National Guard duty

7 other than for training) who are not otherwise

8 described in subparagraph (A)(ii).

9 ‘‘(2) The amount determined under paragraph (1) for

10 any fiscal year is the amount needed to be appropriated

11 to the Department of Defense for that fiscal year for pay12 ments to be made to the Fund during that year under

13 section 1116(a) of this title. The President shall include

14 not less than the full amount so determined in the budget

15 transmitted to Congress for that fiscal year under section

16 1105 of title 31. The President may comment and make

17 recommendations concerning any such amount.

18 ‘‘(c)(1) Not less often than every four years, the Sec19 retary of Defense shall carry out an actuarial valuation

20 of the Fund. Each such actuarial valuation shall include—

21 ‘‘(A) a determination (using the aggregate

22 entry-age normal cost method) of a single level dol23 lar amount for members of the uniformed services

24 on active duty (other than active duty for training)
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1 or full-time National Guard duty (other than full2 time National Guard duty for training only); and

3 ‘‘(B) a determination (using the aggregate

4 entry-age normal cost method) of a single level dol5 lar amount for members of the Ready Reserve of the

6 uniformed services and other than members on full7 time National Guard duty other than for training)

8 who are not otherwise described by subparagraph

9 (A).

10 Such single level dollar amounts shall be used for the pur11 poses of subsection (b) and section 1116(a) of this title.

12 ‘‘(2) If at the time of any such valuation there has

13 been a change in benefits under the Department of De14 fense retiree health care programs for medicare-eligible

15 beneficiaries that has been made since the last such valu16 ation and such change in benefits increases or decreases

17 the present value of amounts payable from the Fund, the

18 Secretary of Defense shall determine an amortization

19 methodology and schedule for the amortization of the cu20 mulative unfunded liability (or actuarial gain to the Fund)

21 created by such change and any previous such changes

22 so that the present value of the sum of the amortization

23 payments (or reductions in payments that would otherwise

24 be made) equals the cumulative increase (or decrease) in

25 the present value of such amounts.
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1 ‘‘(3) If at the time of any such valuation the Sec2 retary of Defense determines that, based upon changes in

3 actuarial assumptions since the last valuation, there has

4 been an actuarial gain or loss to the Fund, the Secretary

5 shall determine an amortization methodology and schedule

6 for the amortization of the cumulative gain or loss to the

7 Fund created by such change in assumptions and any pre8 vious such changes in assumptions through an increase

9 or decrease in the payments that would otherwise be made

10 to the Fund.

11 ‘‘(4) If at the time of any such valuation the Sec12 retary of Defense determines that, based upon the Fund’s

13 actuarial experience (other than resulting from changes in

14 benefits or actuarial assumptions) since the last valuation,

15 there has been an actuarial gain or loss to the Fund, the

16 Secretary shall determine an amortization methodology

17 and schedule for the amortization of the cumulative gain

18 or loss to the Fund created by such actuarial experience

19 and any previous actuarial experience through an increase

20 or decrease in the payments that would otherwise be made

21 to the Fund.

22 ‘‘(5) Contributions to the Fund in accordance with

23 amortization schedules under paragraphs (2), (3), and (4)

24 shall be made as provided in section 1116(b) of this title.
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1 ‘‘(d) All determinations under this section shall be

2 made using methods and assumptions approved by the

3 Board of Actuaries (including assumptions of interest

4 rates and medical inflation) and in accordance with gen5 erally accepted actuarial principles and practices.

6 ‘‘(e) The Secretary of Defense shall provide for the

7 keeping of such records as are necessary for determining

8 the actuarial status of the Fund.

9 ‘‘§ 1116. Payments into the Fund

10 ‘‘(a) The Secretary of Defense shall pay into the

11 Fund at the end of each month as the Department of De12 fense contribution to the Fund for that month the amount

13 that is the sum of the following:

14 ‘‘(1) The product of—

15 ‘‘(A) the monthly dollar amount deter16 mined using all the methods and assumptions

17 approved for the most recent (as of the first

18 day of the current fiscal year) actuarial valu19 ation under section 1115(c)(1)(A) of this title

20 (except that any statutory change in the De21 partment of Defense retiree health care pro22 grams for medicare-eligible beneficiaries that is

23 effective after the date of that valuation and on

24 or before the first day of the current fiscal year

25 shall be used in such determination); and
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1 ‘‘(B) the total end strength for that month

2 for members of the uniformed services on active

3 duty (other than active duty for training) and

4 full-time National Guard duty (other than full5 time National Guard duty for training only).

6 ‘‘(2) The product of—

7 ‘‘(A) the level monthly dollar amount de8 termined using all the methods and assump9 tions approved for the most recent (as of the

10 first day of the current fiscal year) actuarial

11 valuation under section 1115(c)(1)(B) of this

12 title (except that any statutory change in the

13 Department of Defense retiree health care pro14 grams for medicare-eligible beneficiaries that is

15 effective after the date of that valuation and on

16 or before the first day of the current fiscal year

17 shall be used in such determination); and

18 ‘‘(B) the total end strength for that month

19 for members of the Ready Reserve of the uni20 formed services other than members on full21 time National Guard duty other than for train22 ing) who are not otherwise described in para23 graph (1)(B). Amounts paid into the Fund

24 under this subsection shall be paid from funds

25 available for the Defense Health Program.
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1 ‘‘(b)(1) At the beginning of each fiscal year the Sec2 retary of the Treasury shall promptly pay into the Fund

3 from the General Fund of the Treasury the amount cer4 tified to the Secretary by the Secretary of Defense under

5 paragraph (3). Such payment shall be the contribution to

6 the Fund for that fiscal year required by sections 1115(a)

7 and 1115(c) of this title.

8 ‘‘(2) At the beginning of each fiscal year the Sec9 retary of Defense shall determine the sum of the following:

10 ‘‘(A) The amount of the payment for that year

11 under the amortization schedule determined by the

12 Board of Actuaries under section 1115(a) of this

13 title for the amortization of the original unfunded li14 ability of the Fund.

15 ‘‘(B) The amount (including any negative

16 amount) for that year under the most recent amorti17 zation schedule determined by the Secretary of De18 fense under section 1115(c)(2) of this title for the

19 amortization of any cumulative unfunded liability (or

20 any gain) to the Fund resulting from changes in

21 benefits.

22 ‘‘(C) The amount (including any negative

23 amount) for that year under the most recent amorti24 zation schedule determined by the Secretary of De25 fense under section 1115(c)(3) of this title for the
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1 amortization of any cumulative actuarial gain or loss

2 to the Fund resulting from actuarial assumption

3 changes.

4 ‘‘(D) The amount (including any negative

5 amount) for that year under the most recent amorti6 zation schedule determined by the Secretary of De7 fense under section 111(c)(4) of this title for the

8 amortization of any cumulative actuarial gain or loss

9 to the Fund resulting from actuarial experience.

10 ‘‘(3) The Secretary of Defense shall promptly certify

11 the amount determined under paragraph (2) each year to

12 the Secretary of the Treasury.

13 ‘‘§ 1117. Investment of assets of Fund

14 ‘‘The Secretary of the Treasury shall invest such por15 tion of the Fund as is not in the judgment of the Secretary

16 of Defense required to meet current withdrawals. Such in17 vestments shall be in public debt securities with maturities

18 suitable to the needs of the Fund, as determined by the

19 Secretary of Defense, and bearing interest at rates deter20 mined by the Secretary of the Treasury, taking into con21 sideration current market yields on outstanding market22 able obligations of the United States of comparable matu23 rities. The income on such investments shall be credited

24 to and form a part of the Fund.’’.
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1 (2) The tables of chapters at the beginning of subtitle

2 A, and at the beginning of part II of subtitle A, of title

3 10, United States Code, are amended by inserting after

4 the item relating to chapter 55 the following new item:

‘‘56. Department of Defense Medicare-Eligible Retiree Health Care

Fund ...................................................................................................... 1111.’’.

5 (b) DELAYED EFFECTIVE DATES FOR CERTAIN PRO6 VISIONS.—(1) Sections 1113 and 1116 of title 10, United

7 States Code (as added by subsection (a)), shall take effect

8 on October 1, 2002.

9 (2) Section 1115 of such title (as added by such sub10 section) shall take effect on October 1, 2001.

11 Subtitle C—TRICARE Program

12 SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE

13 UNDER THE TRICARE PROGRAM.

14 (a) WAIVER OF NONAVAILABILITY STATEMENT OR

15 PREAUTHORIZATION.—In the case of a covered beneficiary

16 under chapter 55 of title 10, United States Code, who is

17 enrolled in TRICARE Standard, the Secretary of Defense

18 may not require with regard to authorized health care

19 services (other than mental health services) under any new

20 contract for the provision of health care services under

21 such chapter that the beneficiary—

22 (1) obtain a nonavailability statement or

23 preauthorization from a military medical treatment
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1 facility in order to receive the services from a civilian

2 provider; or

3 (2) obtain a nonavailability statement for care

4 in specialized treatment facilities outside the 200-

5 mile radius of a military medical treatment facility.

6 (b) NOTICE.—The Secretary may require that the

7 covered beneficiary inform the primary care manager of

8 the beneficiary of any health care received from a civilian

9 provider or in a specialized treatment facility.

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

11 (1) the Secretary demonstrates significant costs

12 would be avoided by performing specific procedures

13 at the affected military medical treatment facilities;

14 (2) the Secretary determines that a specific

15 procedure must be provided at the affected military

16 medical treatment facility to ensure the proficiency

17 levels of the practitioners at the facility; or

18 (3) the lack of nonavailability statement data

19 would significantly interfere with TRICARE con20 tract administration.

21 (d) EFFECTIVE DATE—This section shall take effect

22 on October 1, 2001.
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1 SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE

2 PRIME REMOTE PROGRAM IN THE CONTI3 NENTAL UNITED STATES.

4 (a) COVERAGE OF OTHER UNIFORMED SERVICES.—

5 (1) Section 1074(c) of title 10, United States Code, is

6 amended—

7 (A) by striking ‘‘armed forces’’ each place it ap8 pears, except in paragraph (3)(A), and inserting

9 ‘‘uniformed services’’;

10 (B) in paragraph (1), by inserting after ‘‘mili11 tary department’’ in the first sentence the following:

12 ‘‘, the Department of Transportation (with respect

13 to the Coast Guard when it is not operating as a

14 service in the Navy), or the Department of Health

15 and Human Services (with respect to the National

16 Oceanic and Atmospheric Administration and the

17 Public Health Service)’’;

18 (C) in paragraph (2), by adding at the end the

19 following:

20 ‘‘(C) The Secretary of Defense shall consult with the

21 other administering Secretaries in the administration of

22 this paragraph.’’; and

23 (D) in paragraph (3)(A), by striking ‘‘The Sec24 retary of Defense may not require a member of the

25 armed forces described in subparagraph (B)’’ and
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1 inserting ‘‘A member of the uniformed services de2 scribed in subparagraph (B) may not be required’’.

3 (2)(A) Subsections (b), (c), and (d)(3) of section 731

4 of the National Defense Authorization Act for Fiscal Year

5 1998 (Public Law 105–85; 111 Stat. 1811; 10 U.S.C.

6 1074 note) are amended by striking ‘‘Armed Forces’’ and

7 inserting ‘‘uniformed services’’.

8 (B) Subsection (b) of such section is further amended

9 by adding at the end the following:

10 ‘‘(4) The Secretary of Defense shall consult with the

11 other administering Secretaries in the administration of

12 this subsection.’’.

13 (C) Subsection (f) of such section is amended by add14 ing at the end the following:

15 ‘‘(3) The terms ‘uniformed services’ and ‘ad16 ministering Secretaries’ have the meanings given

17 those terms in section 1072 of title 10, United

18 States Code.’’.

19 (3) Section 706(b) of the National Defense Author20 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

21 Stat. 684) is amended by striking ‘‘Armed Forces’’ and

22 inserting ‘‘uniformed services (as defined in section

23 1072(1) of title 10, United States Code)’’.
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1 (b) COVERAGE OF IMMEDIATE FAMILY.—(1) Section

2 1079 of title 10, United States Code, is amended by add3 ing at the end the following:

4 ‘‘(p)(1) Subject to such exceptions as the Secretary

5 of Defense considers necessary, coverage for medical care

6 under this section for the dependents referred to in sub7 section (a) of a member of the uniformed services referred

8 to in section 1074(c)(3) of this title who are residing with

9 the member, and standards with respect to timely access

10 to such care, shall be comparable to coverage for medical

11 care and standards for timely access to such care under

12 the managed care option of the TRICARE program known

13 as TRICARE Prime.

14 ‘‘(2) The Secretary of Defense shall enter into ar15 rangements with contractors under the TRICARE pro16 gram or with other appropriate contractors for the timely

17 and efficient processing of claims under this subsection.

18 ‘‘(3) The Secretary of Defense shall consult with the

19 other administering Secretaries in the administration of

20 this subsection.’’.

21 (2) Section 731(b) of the National Defense Author22 ization Act for Fiscal Year 1998 (Public Law 105–85; 111

23 Stat. 1811; 10 U.S.C. 1074 note) is amended—

24 (A) in paragraph (1), by adding at the end the

25 following: ‘‘A dependent of the member, as described
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1 in subparagraph (A), (D), or (I) of section 1072(2)

2 of title 10, United States Code, who is residing with

3 the member shall have the same entitlement to care

4 and to waiver of charges as the member.’’; and

5 (B) in paragraph (2), by inserting ‘‘or depend6 ent of the member, as the case may be,’’ after ‘‘(2)

7 A member’’.

8 (c) EFFECTIVE DATES; APPLICABILITY.—(1) The

9 amendments made by subsections (a)(1) and (b)(1) shall

10 take effect on October 1, 2001.

11 (2) The amendments made by subsection (a)(2), with

12 respect to members of the uniformed services, and the

13 amendments made by subsection (b)(2), with respect to

14 dependents of members, shall take effect on the date of

15 the enactment of this Act and shall expire with respect

16 to a member or the dependents of a member, respectively,

17 on the later of the following:

18 (A) The date that is one year after the date of

19 the enactment of this Act.

20 (B) The date on which the policies required by

21 the amendments made by subsection (a)(1) or (b)(1)

22 are implemented with respect to the coverage of

23 medical care for and provision of such care to the

24 member or dependents, respectively.
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1 (3) Section 731(b)(3) of Public Law 105–85 does not

2 apply to a member of the Coast Guard, the National Oce3 anic and Atmospheric Administration, or the Commis4 sioned Corps of the Public Health Service, or to a depend5 ent of a member of a uniformed service.

6 SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRAC7 TICES AND INCREASE OF USE OF MILITARY

8 TREATMENT FACILITIES.

9 (a) REQUIREMENT TO IMPLEMENT INTERNET10 BASED SYSTEM.—Not later than October 1, 2001, the

11 Secretary of Defense shall implement a system to simplify

12 and make accessible through the use of the Internet,

13 through commercially available systems and products, crit14 ical administrative processes within the military health

15 care system and the TRICARE program. The purposes

16 of the system shall be to enhance efficiency, improve serv17 ice, and achieve commercially recognized standards of per18 formance.

19 (b) ELEMENTS OF SYSTEM.—The system required by

20 subsection (a)—

21 (1) shall comply with patient confidentiality and

22 security requirements, and incorporate data require23 ments, that are currently widely used by insurers

24 under medicare and commercial insurers;
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1 (2) shall be designed to achieve improvements

2 with respect to—

3 (A) the availability and scheduling of ap4 pointments;

5 (B) the filing, processing, and payment of

6 claims;

7 (C) marketing and information initiatives;

8 (D) the continuation of enrollments with9 out expiration;

10 (E) the portability of enrollments nation11 wide;

12 (F) education of beneficiaries regarding

13 the military health care system and the

14 TRICARE program; and

15 (G) education of health care providers re16 garding such system and program; and

17 (3) may be implemented through a contractor

18 under TRICARE Prime.

19 (c) AREAS OF IMPLEMENTATION.—The Secretary

20 shall implement the system required by subsection (a) in

21 at least one region under the TRICARE program.

22 (d) PLAN FOR IMPROVED PORTABILITY OF BENE23 FITS.—Not later than March 15, 2001, the Secretary of

24 Defense shall submit to the Committees on Armed Serv25 ices of the Senate and the House of Representatives a plan
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1 to provide portability and reciprocity of benefits for all en2 rollees under the TRICARE program throughout all

3 TRICARE regions.

4 (e) INCREASE OF USE OF MILITARY MEDICAL

5 TREATMENT FACILITIES.—The Secretary shall initiate a

6 program to maximize the use of military medical treat7 ment facilities by improving the efficiency of health care

8 operations in such facilities.

9 (f) DEFINITION.—In this section the term

10 ‘‘TRICARE program’’ has the meaning given such term

11 in section 1072 of title 10, United States Code.

12 SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUP13 PORT CONTRACTS.

14 (a) AUTHORITY.—Notwithstanding any other provi15 sion of law and subject to subsection (b), any TRICARE

16 managed care support contract in effect, or in the final

17 stages of acquisition, on September 30, 1999, may be ex18 tended for four years.

19 (b) CONDITIONS.—Any extension of a contract under

20 subsection (a)—

21 (1) may be made only if the Secretary of De22 fense determines that it is in the best interest of the

23 United States to do so; and

24 (2) shall be based on the price in the final best

25 and final offer for the last year of the existing con-
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1 tract as adjusted for inflation and other factors mu2 tually agreed to by the contractor and the Federal

3 Government.

4 SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH

5 CARE PROVIDERS SEEKING DIRECT REIM6 BURSEMENT FROM MEMBERS OF THE UNI7 FORMED SERVICES.

8 Not later than January 31, 2001, the Secretary of

9 Defense shall submit to the Committees on Armed Serv10 ices of the Senate and the House of Representatives a re11 port recommending practices to discourage or prohibit

12 health care providers under the TRICARE program, and

13 individuals or entities working on behalf of such providers,

14 from seeking direct reimbursement from members of the

15 uniformed services or their dependents for health care re16 ceived by such members or dependents.

17 SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN

18 TRICARE RETIREE DENTAL PROGRAM.

19 (a) PROCEDURES.—Section 1076c of title 10, United

20 States Code, is amended—

21 (1) by redesignating subsection (i) as subsection

22 (j); and

23 (2) by inserting after subsection (h) the fol24 lowing new subsection (i):
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1 ‘‘(i) VOLUNTARY DISENROLLMENT.—(1) With re2 spect to enrollment in the dental insurance plan estab3 lished under subsection (a), the Secretary of Defense—

4 ‘‘(A) shall allow for a period of up to 30 days

5 at the beginning of the prescribed minimum enroll6 ment period during which an enrollee may disenroll;

7 and

8 ‘‘(B) shall provide for limited circumstances

9 under which disenrollment shall be permitted during

10 the prescribed enrollment period, without jeopard11 izing the fiscal integrity of the dental program.

12 ‘‘(2) The circumstances described in paragraph

13 (1)(B) shall include—

14 ‘‘(A) a case in which a retired member, sur15 viving spouse, or dependent of a retired member who

16 is also a Federal employee is assigned to a location

17 outside the jurisdiction of the dental insurance plan

18 established under subsection (a) that prevents utili19 zation of dental benefits under the plan;

20 ‘‘(B) a case in which a retired member, sur21 viving spouse, or dependent of a retired member is

22 prevented by a serious medical condition from being

23 able to obtain benefits under the plan;

24 ‘‘(C) a case in which severe financial hardship

25 would result; and
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1 ‘‘(D) any other circumstances which the Sec2 retary considers appropriate.

3 ‘‘(3) The Secretary shall establish procedures for

4 timely decisions on requests for disenrollment under this

5 section and for appeal to the TRICARE Management Ac6 tivity of adverse decisions.’’

7 (b) CLARIFYING AMENDMENT.—The heading for

8 subsection (f) is amended by striking ‘‘TERMINATION’’

9 and inserting ‘‘REQUIRED TERMINATIONS’’.

10 SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.

11 Beginning on the date of the enactment of this Act,

12 the Secretary of Defense shall, to the maximum extent

13 practicable, take all necessary actions to implement the

14 following improvements with respect to processing of

15 claims under the TRICARE program:

16 (1) Use of the TRICARE encounter data infor17 mation system rather than the health care service

18 record in maintaining information on covered bene19 ficiaries under chapter 55 of title 10, United States

20 Code.

21 (2) Elimination of all delays in payment of

22 claims to health care providers that may result from

23 the development of the health care service record or

24 TRICARE encounter data information.
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1 (3) Requiring all health care providers under

2 the TRICARE program that the Secretary deter3 mines are high-volume providers to submit claims

4 electronically.

5 (4) Processing 50 percent of all claims by

6 health care providers and institutions under the

7 TRICARE program by electronic means.

8 (5) Authorizing managed care support contrac9 tors under the TRICARE program to require pro10 viders to access information on the status of claims

11 through the use of telephone automated voice re12 sponse units.

13 SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFER14 RALS AND NONAVAILABILITY-OF-HEALTH15 CARE STATEMENTS.

16 (a) PROHIBITION REGARDING PRIOR AUTHORIZA17 TION FOR REFERRALS.—(1) Chapter 55 of title 10,

18 United States Code, is amended by inserting after section

19 1095e the following new section:

20 ‘‘§ 1095f. TRICARE program: referrals for specialty

21 health care

22 ‘‘The Secretary of Defense shall ensure that no con23 tract for managed care support under the TRICARE pro24 gram includes any requirement that a managed care sup25 port contractor require a primary care or specialty care
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1 provider to obtain prior authorization before referring a

2 patient to a specialty care provider that is part of the net3 work of health care providers or institutions of the con4 tractor.’’.

5 (2) The table of sections at the beginning of such

6 chapter is amended by inserting after the item relating

7 to section 1095e the following new item:

‘‘1095f. TRICARE program: referrals for specialty health care.’’.

8 (b) REPORT.—Not later than February 1, 2001, the

9 Comptroller General shall submit to Congress a report on

10 the financial and management implications of eliminating

11 the requirement to obtain nonavailability-of-health-care

12 statements under section 1080 of title 10, United States

13 Code.

14 (c) EFFECTIVE DATE.—Section 1095f of title 10,

15 United States Code, as added by subsection (a), shall

16 apply with respect to a TRICARE managed care support

17 contract entered into by the Department of Defense after

18 the date of the enactment of this Act.

19 Subtitle D—Demonstration

20 Projects

21 SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED AC22 CESS TO MENTAL HEALTH COUNSELORS.

23 (a) REQUIREMENT TO CONDUCT DEMONSTRATION

24 PROJECT.—The Secretary of Defense shall conduct a

25 demonstration project under which licensed and certified
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1 professional mental health counselors who meet eligibility

2 requirements for participation as providers under the Ci3 vilian Health and Medical Program of the Uniformed

4 Services (hereafter in this section referred to as

5 ‘‘CHAMPUS’’) or the TRICARE program may provide

6 services to covered beneficiaries under chapter 55 of title

7 10, United States Code, without referral by physicians or

8 adherence to supervision requirements.

9 (b) DURATION AND LOCATION OF PROJECT.—The

10 Secretary shall conduct the demonstration project required

11 by subsection (a)—

12 (1) during the 2-year period beginning October

13 1, 2001; and

14 (2) in one established TRICARE region.

15 (c) REGULATIONS.—The Secretary shall prescribe

16 regulations regarding participation in the demonstration

17 project required by subsection (a).

18 (d) PLAN FOR PROJECT.—Not later than March 31,

19 2001, the Secretary shall submit to the Committees on

20 Armed Services of the Senate and the House of Represent21 atives a plan to carry out the demonstration project. The

22 plan shall include, but not be limited to, a description of

23 the following:

24 (1) The TRICARE region in which the project

25 will be conducted.
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1 (2) The estimated funds required to carry out

2 the demonstration project.

3 (3) The criteria for determining which profes4 sional mental health counselors will be authorized to

5 participate under the demonstration project.

6 (4) The plan of action, including critical mile7 stone dates, for carrying out the demonstration

8 project.

9 (e) REPORT.—Not later than February 1, 2003, the

10 Secretary shall submit to Congress a report on the dem11 onstration project carried out under this section. The re12 port shall include the following:

13 (1) A description of the extent to which expend14 itures for reimbursement of licensed or certified pro15 fessional mental health counselors change as a result

16 of allowing the independent practice of such coun17 selors.

18 (2) Data on utilization and reimbursement re19 garding non-physician mental health professionals

20 other than licensed or certified professional mental

21 health counselors under CHAMPUS and the

22 TRICARE program.

23 (3) Data on utilization and reimbursement re24 garding physicians who make referrals to, and su25 pervise, mental health counselors.
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1 (4) A description of the administrative costs in2 curred as a result of the requirement for documenta3 tion of referral to mental health counselors and su4 pervision activities for such counselors.

5 (5) For each of the categories described in

6 paragraphs (1) through (4), a comparison of data

7 for a 1-year period for the area in which the dem8 onstration project is being implemented with cor9 responding data for a similar area in which the dem10 onstration project is not being implemented.

11 (6) A description of the ways in which allowing

12 for independent reimbursement of licensed or cer13 tified professional mental health counselors affects

14 the confidentiality of mental health and substance

15 abuse services for covered beneficiaries under

16 CHAMPUS and the TRICARE program.

17 (7) A description of the effect, if any, of chang18 ing reimbursement policies on the health and treat19 ment of covered beneficiaries under CHAMPUS and

20 the TRICARE program, including a comparison of

21 the treatment outcomes of covered beneficiaries who

22 receive mental health services from licensed or cer23 tified professional mental health counselors acting

24 under physician referral and supervision, other non25 physician mental health providers recognized under
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1 CHAMPUS and the TRICARE program, and physi2 cians, with treatment outcomes under the dem3 onstration project allowing independent practice of

4 professional counselors on the same basis as other

5 non-physician mental health providers.

6 (8) The effect of policies of the Department of

7 Defense on the willingness of licensed or certified

8 professional mental health counselors to participate

9 as health care providers in CHAMPUS and the

10 TRICARE program.

11 (9) Any policy requests or recommendations re12 garding mental health counselors made by health

13 care plans and managed care organizations partici14 pating in CHAMPUS or the TRICARE program.

15 SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.

16 (a) AUTHORITY TO CONDUCT PROJECT.—(1) The

17 Secretary of Defense may conduct a demonstration project

18 for the purposes of increasing efficiency of operations with

19 respect to teleradiology at military medical treatment fa20 cilities, supporting remote clinics, and increasing coordina21 tion with respect to teleradiology between such facilities

22 and clinics. Under the project, a military medical treat23 ment facility and each clinic supported by such facility

24 shall be linked by a digital radiology network through
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1 which digital radiology X-rays may be sent electronically

2 from clinics to the military medical treatment facility.

3 (2) The demonstration project may be conducted at

4 several multispecialty tertiary-care military medical treat5 ment facilities affiliated with a university medical school.

6 One of such facilities shall be supported by at least 5 geo7 graphically dispersed remote clinics of the Departments

8 of the Army, Navy, and Air Force, and clinics of the De9 partment of Veterans Affairs and the Coast Guard. An10 other of such facilities shall be in an underserved rural

11 geographic region served under established telemedicine

12 contracts between the Department of Defense, the Depart13 ment of Veterans Affairs, and a local university.

14 (b) DURATION OF PROJECT.—The Secretary shall

15 conduct the project during the 2-year period beginning on

16 the date of the enactment of this Act.

17 SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION

18 PROGRAM.

19 (a) ESTABLISHMENT.—The Secretary of Defense

20 shall carry out a demonstration program on health care

21 management to explore opportunities for improving the

22 planning, programming, budgeting systems, and manage23 ment of the Department of Defense health care system.
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1 (b) TEST MODELS.—Under the demonstration pro2 gram, the Secretary shall test the use of the following

3 planning and management models:

4 (1) A health care simulation model for studying

5 alternative delivery policies, processes, organizations,

6 and technologies.

7 (2) A health care simulation model for studying

8 long term disease management.

9 (c) DEMONSTRATION SITES.—The Secretary shall

10 test each model separately at one or more sites.

11 (d) PERIOD FOR PROGRAM.—The demonstration pro12 gram shall begin not later than 180 days after the date

13 of the enactment of this Act and shall terminate on De14 cember 31, 2001.

15 (e) REPORTS.—The Secretary of Defense shall sub16 mit a report on the demonstration program to the Com17 mittees on Armed Services of the Senate and the House

18 of Representatives not later than March 15, 2002. The

19 report shall include the Secretary’s assessment of the

20 value of incorporating the use of the tested planning and

21 management models throughout the planning, program22 ming, budgeting systems, and management of the Depart23 ment of Defense health care system.

24 (f) FUNDING.—Of the amount authorized to be ap25 propriated under section 301(22), $6,000,000 shall be
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1 available for the demonstration program under this sec2 tion.

3 Subtitle E—Joint Initiatives With

4 Department of Veterans Affairs

5 SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH

6 SERVICES.

7 (a) PRIMACY OF SHARING AGREEMENTS.—The Sec8 retary of Defense shall—

9 (1) give full force and effect to any agreement

10 into which the Secretary or the Secretary of a mili11 tary department entered under section 8111 of title

12 38, United States Code, or under section 1535 of

13 title 31, United States Code, which was in effect on

14 September 30, 1999; and

15 (2) ensure that the Secretary of the military de16 partment concerned directly reimburses the Sec17 retary of Veterans Affairs for any services or re18 sources provided under such agreement in accord19 ance with the terms of such agreement, including

20 terms providing for reimbursement from funds avail21 able for that military department.

22 (b) MODIFICATION OR TERMINATION.—Any agree23 ment described in subsection (a) shall remain in effect in

24 accordance with such subsection unless, during the 12-

25 month period following the date of the enactment of this
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1 Act, such agreement is modified or terminated in accord2 ance with the terms of such agreement.

3 SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY

4 AND VETERANS HEALTH CARE SYSTEMS.

5 (a) ERROR TRACKING PROCESS.—The Secretary of

6 Defense shall implement a centralized process for report7 ing, compilation, and analysis of errors in the provision

8 of health care under the defense health program that en9 danger patients beyond the normal risks associated with

10 the care and treatment of such patients. To the extent

11 practicable, that process shall emulate the system estab12 lished by the Secretary of Veterans Affairs for reporting,

13 compilation, and analysis of errors in the provision of

14 health care under the Department of Veterans Affairs

15 health care system that endanger patients beyond such

16 risks.

17 (b) SHARING OF INFORMATION.—The Secretary of

18 Defense and the Secretary of Veterans Affairs—

19 (1) shall share information regarding the de20 signs of systems or protocols established to reduce

21 errors in the provision of health care described in

22 subsection (a); and

23 (2) shall develop such protocols as the Secre24 taries consider necessary for the establishment and
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1 administration of effective processes for the report2 ing, compilation, and analysis of such errors.

3 SEC. 743. COOPERATION IN DEVELOPING PHARMA4 CEUTICAL IDENTIFICATION TECHNOLOGY.

5 The Secretary of Defense and the Secretary of Vet6 erans Affairs shall cooperate in developing systems for the

7 use of bar codes for the identification of pharmaceuticals

8 in the health care programs of the Department of Defense

9 and the Department of Veterans Affairs. In any case in

10 which a common pharmaceutical is used in such programs,

11 the bar codes for those pharmaceuticals shall, to the max12 imum extent practicable, be identical.

13 Subtitle F—Other Matters

14 SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZA15 TION PROGRAM.

16 (a) SYSTEM AND PROCEDURES FOR TRACKING SEPA17 RATIONS.—(1) Chapter 59 of title 10, United States Code,

18 is amended by adding at the end the following new section:

19 ‘‘§ 1178. System and procedures for tracking separa20 tions resulting from refusal to participate

21 in anthrax vaccine immunization pro22 gram

23 ‘‘(a) REQUIREMENT TO ESTABLISH SYSTEM.—The

24 Secretary of each military department shall establish a

25 system for tracking, recording, and reporting separations
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1 of members of the armed forces under the Secretary’s ju2 risdiction that result from procedures initiated as a result

3 of a refusal to participate in the anthrax vaccine immuni4 zation program.

5 ‘‘(b) REPORT.—The Secretary of Defense shall con6 solidate the information recorded under the system de7 scribed in subsection (a) and shall submit to the Commit8 tees on Armed Services of the Senate and the House of

9 Representatives not later than April 1 of each year a re10 port on such information. Each such report shall include

11 a description of—

12 ‘‘(1) the number of members separated, cat13 egorized by military department, grade, and active14 duty or reserve status; and

15 ‘‘(2) any other information determined appro16 priate by the Secretary.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by adding at the end the following

19 new item:

‘‘1178. System and procedures for tracking separations resulting from refusal

to participate in anthrax vaccine immunization program.’’.

20 (b) PROCEDURES FOR EXEMPTIONS; MONITORING

21 ADVERSE REACTIONS.—(1) Chapter 55 of such title is

22 amended by adding at the end the following new section:
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1 ‘‘§ 1110. Anthrax vaccine immunization program; pro2 cedures for exemptions and monitoring

3 reactions

4 ‘‘(a) PROCEDURES FOR MEDICAL AND ADMINISTRA5 TIVE EXEMPTIONS.—(1) The Secretary of Defense shall

6 establish uniform procedures under which members of the

7 armed forces may be exempted from participating in the

8 anthrax vaccine immunization program for either adminis9 trative or medical reasons.

10 ‘‘(2) The Secretaries of the military departments

11 shall provide for notification of all members of the armed

12 forces of the procedures established pursuant to para13 graph (1).

14 ‘‘(b) SYSTEM FOR MONITORING ADVERSE REAC15 TIONS.—(1) The Secretary shall establish a system for

16 monitoring adverse reactions of members of the armed

17 forces to the anthrax vaccine. That system shall include

18 the following:

19 ‘‘(A) Independent review of Vaccine Adverse

20 Event Reporting System reports.

21 ‘‘(B) Periodic surveys of personnel to whom the

22 vaccine is administered.

23 ‘‘(C) A continuing longitudinal study of a pre24 identified group of members of the armed forces (in25 cluding men and women and members from all serv26 ices).
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1 ‘‘(D) Active surveillance of a sample of mem2 bers to whom the anthrax vaccine has been adminis3 tered that is sufficient to identify, at the earliest op4 portunity, any patterns of adverse reactions, the dis5 covery of which might be delayed by reliance solely

6 on the Vaccine Adverse Event Reporting System.

7 ‘‘(2) The Secretary may extend or expand any ongo8 ing or planned study or analysis of trends in adverse reac9 tions of members of the armed forces to the anthrax vac10 cine in order to meet any of the requirements in paragraph

11 (1).

12 ‘‘(3) The Secretary shall establish guidelines under

13 which members of the armed forces who are determined

14 by an independent expert panel to be experiencing unex15 plained adverse reactions may obtain access to a Depart16 ment of Defense Center of Excellence treatment facility

17 for expedited treatment and follow up.’’.

18 (2) The table of sections at the beginning of such

19 chapter is amended by adding at the end the following

20 new item:

‘‘1110. Anthrax vaccine immunization program; procedures for exemptions and

monitoring reactions.’’.

21 (c) EMERGENCY ESSENTIAL EMPLOYEES.—(1)

22 Chapter 81 of such title is amended by inserting after sec23 tion 1580 the following new section:
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1 ‘‘§ 1580a. Emergency essential employees: notification

2 of required participation in anthrax vac3 cine immunization program

4 ‘‘The Secretary of Defense shall—

5 ‘‘(1) prescribe regulations for the purpose of en6 suring that any civilian employee of the Department

7 of Defense who is determined to be an emergency es8 sential employee and who is required to participate

9 in the anthrax vaccine immunization program is no10 tified of the requirement to participate in the pro11 gram and the consequences of a decision not to par12 ticipate; and

13 ‘‘(2) ensure that any individual who is being

14 considered for a position as such an employee is no15 tified of the obligation to participate in the program

16 before being offered employment in such position.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by inserting after the item relating

19 to section 1580 the following new item:

‘‘1580a. Emergency essential employees: notification of required participation in

anthrax vaccine immunization program.’’.

20 (d) COMPTROLLER GENERAL REPORT.—(1) Not

21 later than April 1, 2002, the Comptroller General shall

22 submit to the Committees on Armed Services of the Sen23 ate and the House of Representatives a report on the ef24 fect of the Department of Defense anthrax vaccine immu-
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1 nization program on the recruitment and retention of ac2 tive duty and reserve military personnel and civilian per3 sonnel of the Department of Defense. The study shall

4 cover the period beginning on the date of the enactment

5 of this Act and ending on December 31, 2001.

6 (2) The Comptroller General shall include in the re7 port required by paragraph (1) a description of any per8 sonnel actions (including transfer, termination, or reas9 signment of any personnel) taken as a result of the refusal

10 of any civilian employee of the Department of Defense to

11 participate in the anthrax vaccine immunization program.

12 (e) DEADLINES FOR ESTABLISHMENT AND IMPLE13 MENTATION.—The Secretary of Defense shall—

14 (1) not later than April 1, 2001, establish the

15 uniform procedures for exemption from participation

16 in the anthrax vaccine immunization program of the

17 Department of Defense required under subsection

18 (a) of section 1110 of title 10, United States Code

19 (as added by subsection (b));

20 (2) not later than July 1, 2001, establish the

21 system for monitoring adverse reactions of members

22 of the Armed Forces to the anthrax vaccine required

23 under subsection (b)(1) of such section;

24 (3) not later than April 1, 2001, establish the

25 guidelines under which members of the Armed
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1 Forces may obtain access to a Department of De2 fense Center of Excellence treatment facility for ex3 pedited treatment and follow up required under sub4 section (b)(3) of such section; and

5 (4) not later than July 1, 2001, prescribe the

6 regulations regarding emergency essential employees

7 of the Department of Defense required under sub8 section (a) of section 1580a of such title (as added

9 by subsection(c)).

10 SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE

11 FAMILY.

12 (a) NO COPAYMENT FOR IMMEDIATE FAMILY.—Sec13 tion 1097a of title 10, United States Code, is amended—

14 (1) by redesignating subsection (e) as sub15 section (f); and

16 (2) by inserting after subsection (d) the fol17 lowing new subsection (e):

18 ‘‘(e) NO COPAYMENT FOR IMMEDIATE FAMILY.—No

19 copayment shall be charged a member for care provided

20 under TRICARE Prime to a dependent of a member of

21 the uniformed services described in subparagraph (A),

22 (D), or (I) of section 1072 of this title.’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall take effect 180 days after the date
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1 of the enactment of this Act, and shall apply with respect

2 to care provided on or after that date.

3 SEC. 753. MEDICAL INFORMATICS.

4 (a) ADDITIONAL MATTERS FOR ANNUAL REPORT ON

5 MEDICAL INFORMATICS ADVISORY COMMITTEE.—Section

6 723(d)(5) of the National Defense Authorization Act for

7 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 697; 10

8 U.S.C. 1071 note) is amended to read as follows:

9 ‘‘(5) The Secretary of Defense shall submit to Con10 gress an annual report on medical informatics. The report

11 shall include a discussion of the following matters:

12 ‘‘(A) The activities of the Committee.

13 ‘‘(B) The coordination of development, deploy14 ment, and maintenance of health care informatics

15 systems within the Federal Government, and be16 tween the Federal Government and the private sec17 tor.

18 ‘‘(C) The progress or growth occurring in med19 ical informatics.

20 ‘‘(D) How the TRICARE program and the De21 partment of Veterans Affairs health care system can

22 use the advancement of knowledge in medical

23 informatics to raise the standards of health care and

24 treatment and the expectations for improving health

25 care and treatment.’’.
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1 (b) LIMITATION ON FISCAL YEAR 2001 FUNDING

2 FOR PHARMACEUTICALS-RELATED MEDICAL

3 INFORMATICS.—Of the funds authorized to be appro4 priated under section 301(22), any amounts used for

5 pharmaceuticals-related informatics may be used only for

6 the following:

7 (1) Commencement of the implementation of a

8 new computerized medical record, including an auto9 mated entry order system for pharmaceuticals and

10 an infrastructure network that is compliant with the

11 provisions enacted in the Health Insurance Port12 ability and Accountability Act of 1996 (Public Law

13 104–191; 110 Stat. 1936), to make all relevant clin14 ical information on beneficiaries under the Defense

15 Health Program available when needed.

16 (2) An integrated pharmacy system under the

17 Defense Health Program that creates a single profile

18 for all pharmaceuticals for such beneficiaries pre19 scribed at military medical treatment facilities or

20 private pharmacies that are part of the Department

21 of Defense pharmacy network.
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1 SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT

2 SYSTEM.

3 (a) ESTABLISHMENT.—The Secretary of Defense

4 shall establish a patient care error reporting and manage5 ment system.

6 (b) PURPOSES OF SYSTEM.—The purposes of the sys7 tem are as follows:

8 (1) To study the occurrences of errors in the

9 patient care provided under chapter 55 of title 10,

10 United States Code.

11 (2) To identify the systemic factors that are as12 sociated with such occurrences.

13 (3) To provide for action to be taken to correct

14 the identified systemic factors.

15 (c) REQUIREMENTS FOR SYSTEM.—The patient care

16 error reporting and management system shall include the

17 following:

18 (1) A hospital-level patient safety center, within

19 the quality assurance department of each health care

20 organization of the Department of Defense, to col21 lect, assess, and report on the nature and frequency

22 of errors related to patient care.

23 (2) For each health care organization of the

24 Department of Defense and for the entire Defense

25 health program, patient safety standards that are

26 necessary for the development of a full under-
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1 standing of patient safety issues in each such orga2 nization and the entire program, including the na3 ture and types of errors and the systemic causes of

4 the errors.

5 (3) Establishment of a Department of Defense

6 Patient Safety Center within the Armed Forces In7 stitute of Pathology, which shall have the following

8 missions:

9 (A) To analyze information on patient care

10 errors that is submitted to the Center by each

11 military health care organization.

12 (B) To develop action plans for addressing

13 patterns of patient care errors.

14 (C) To execute those action plans to miti15 gate and control errors in patient care with a

16 goal of ensuring that the health care organiza17 tions of the Department of Defense provide

18 highly reliable patient care with virtually no

19 error.

20 (D) To provide, through the Assistant Sec21 retary of Defense for Health Affairs, to the

22 Agency for Healthcare Research and Quality of

23 the Department of Health and Human Services

24 any reports that the Assistant Secretary deter25 mines appropriate.
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1 (E) To review and integrate processes for

2 reducing errors associated with patient care and

3 for enhancing patient safety.

4 (F) To contract with a qualified and objec5 tive external organization to manage the na6 tional patient safety database of the Depart7 ment of Defense.

8 (d) MEDTEAMS PROGRAM.—The Secretary shall ex9 pand the health care team coordination program to inte10 grate that program into all Department of Defense health

11 care operations. In carrying out this subsection, the Sec12 retary shall take the following actions:

13 (1) Establish not less than two Centers of Ex14 cellence for the development, validation, prolifera15 tion, and sustainment of the health care team co16 ordination program, one of which shall support all

17 fixed military health care organizations, the other of

18 which shall support all combat casualty care organi19 zations.

20 (2) Deploy the program to all fixed and combat

21 casualty care organizations of each of the Armed

22 Forces, at the rate of not less than 10 organizations

23 in each fiscal year.

24 (3) Expand the scope of the health care team

25 coordination program from a focus on emergency de-
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1 partment care to a coverage that includes care in all

2 major medical specialties, at the rate of not less

3 than one specialty in each fiscal year.

4 (4) Continue research and development invest5 ments to improve communication, coordination, and

6 team work in the provision of health care.

7 (e) CONSULTATION.—The Secretary shall consult

8 with the other administering Secretaries (as defined in

9 section 1072(3) of title 10, United States Code) in car10 rying out this section.

11 SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPART12 MENT BY DETAILING RESERVE OFFICERS OF

13 THE PUBLIC HEALTH SERVICE.

14 (a) AUTHORITY.—The Secretary of the Army and the

15 Secretary of Health and Human Services may jointly con16 duct a program to augment the Army Medical Department

17 by exercising any authorities provided to those officials in

18 law for the detailing of reserve commissioned officers of

19 the Public Health Service not in an active status to the

20 Army Medical Department for that purpose.

21 (b) AGREEMENT.—The Secretary of the Army and

22 the Secretary of Health and Human Services shall enter

23 into an agreement governing any program conducted

24 under subsection (a).
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1 (c) ASSESSMENT.—(1) The Secretary of the Army

2 shall review the laws providing the authorities described

3 in subsection (a) and assess the adequacy of those laws

4 for authorizing—

5 (A) the Secretary of Health and Human Serv6 ices to detail reserve commissioned officers of the

7 Public Health Service not in an active status to the

8 Army Medical Department to augment that depart9 ment; and

10 (B) the Secretary of the Army to accept the de11 tail of such officers for that purpose.

12 (2) The Secretary shall complete the review and as13 sessment under paragraph (1) not later than 90 days after

14 the date of the enactment of this Act.

15 (d) REPORT TO CONGRESS.—Not later than March

16 1, 2001, the Secretary of the Army shall submit a report

17 on the results of the review and assessment under sub18 section (c) to the Committees on Armed Services of the

19 Senate and the House of Representatives. The report shall

20 include the following:

21 (1) The findings resulting from the review and

22 assessment.

23 (2) Any proposal for legislation that the Sec24 retary recommends to strengthen the authority of

25 the Secretary of Health and Human Services and
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1 the authority of the Secretary of the Army to take

2 the actions described in subparagraphs (A) and (B),

3 respectively, of subsection (c)(1).

4 (e) CONSULTATION REQUIREMENT.—The Secretary

5 of the Army shall consult with the Secretary of Health

6 and Human Services in carrying out the review and as7 sessment under subsection (c) and in preparing the report

8 (including making recommendations) under subsection

9 (d).

10 SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL

11 RECORDS.

12 (a) COMPREHENSIVE PLAN.—Not later than April 1,

13 2001, the Secretary of Defense shall submit to Congress

14 a comprehensive plan to improve privacy protections for

15 medical records maintained by the Department of De16 fense. Such plan shall be consistent with the regulations

17 promulgated under section 264(c) of the Health Insurance

18 Portability and Accountability Act of 1996 (Public Law

19 104–191; 42 U.S.C. 1320d–2 note).

20 (b) INTERIM REGULATIONS.—(1) Notwithstanding

21 any other provision of law, the Secretary shall prescribe

22 interim regulations, pending full implementation of the

23 comprehensive plan described in subsection (a), to improve

24 privacy protections for medical records maintained by the

25 Department of Defense.
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1 (2) The regulations prescribed under paragraph (1)

2 shall provide maximum protections for privacy consistent

3 with such actions that the Secretary determines are nec4 essary for purposes of national security, law enforcement,

5 patient treatment, public health reporting, accreditation

6 and licensure review activities, external peer review and

7 other quality assurance program activities, payment for

8 health care services, fraud and abuse prevention, judicial

9 and administrative proceedings, research consistent with

10 regulations on Governmentwide protection of human sub11 jects, Department of Veterans Affairs benefit programs,

12 and any other purposes identified by the Secretary for the

13 responsible management of the military health care sys14 tem.

15 SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY16 BASED REIMBURSEMENT RATES; REPORTS.

17 (a) IN GENERAL.—Section 1079(h) of title 10,

18 United States Code, is amended by adding at the end the

19 following new paragraph:

20 ‘‘(5) To assure access to care for all covered bene21 ficiaries, the Secretary of Defense, in consultation with the

22 other administering Secretaries, shall designate specific

23 rates for reimbursement for services in certain localities

24 if the Secretary determines that without payment of such

25 rates access to health care services would be severely im-
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1 paired. Such a determination shall be based on consider2 ation of the number of providers in a locality who provide

3 the services, the number of such providers who are

4 CHAMPUS participating providers, the number of cov5 ered beneficiaries under CHAMPUS in the locality, the

6 availability of military providers in the location or a near7 by location, and any other factors determined to be rel8 evant by the Secretary.’’.

9 (b) REPORTS.—(1) Not later than March 31, 2001,

10 the Secretary of Defense shall submit to the Committees

11 on Armed Services of the Senate and the House of Rep12 resentatives and the General Accounting Office a report

13 on actions taken to carry out section 1079(h)(5) of title

14 10, United States Code (as added by subsection (a)) and

15 section 1097b of such title.

16 (2) Not later than May 1, 2001, the Comptroller Gen17 eral shall submit to Congress a report analyzing the utility

18 of—

19 (A) increased reimbursement authorities with

20 respect to ensuring the availability of network pro21 viders and nonnetwork providers under the

22 TRICARE program to covered beneficiaries under

23 chapter 55 of such title; and

24 (B) requiring a reimbursement limitation of 70

25 percent of usual and customary rates rather than
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1 115 percent of maximum allowable charges under

2 the Civilian Health and Medical Program of the

3 Uniformed Services.

4 (3)(A) Not later than 180 days after the date of the

5 enactment of this Act, the Secretary of Defense shall sub6 mit to the Committees on Armed Services of the Senate

7 and the House of Representatives a report on the extent

8 to which physicians are choosing not to participate in con9 tracts for the furnishing of health care in rural States

10 under chapter 55 of title 10, United States Code. The re11 port shall include the following:

12 (i) The number of physicians in rural States

13 who are withdrawing from participation, or other14 wise refusing to participate, in the health care con15 tracts.

16 (ii) The reasons for the withdrawals and refus17 als.

18 (iii) The actions that the Secretary of Defense

19 can take to encourage more physicians to participate

20 in the health care contracts.

21 (iv) Any recommendations for legislation that

22 the Secretary considers necessary to encourage more

23 physicians to participate in the health care con24 tracts.
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1 (B) In this paragraph, the term ‘‘rural State’’ means

2 a State that has, on average, as determined by the Bureau

3 of the Census in the latest decennial census—

4 (i) fewer than 76 residents per square mile; and

5 (ii) fewer than 211 actively practicing physi6 cians (not counting physicians employed by the

7 United States) per 100,000 residents.

8 SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EX9 PENSES.

10 (a) IN GENERAL.—Chapter 55 of title 10, United

11 States Code, is amended by inserting after section 1074h

12 (as added by section 706) the following new section:

13 ‘‘§ 1074i. Reimbursement for certain travel expenses

14 ‘‘In any case in which a covered beneficiary is re15 ferred by a primary care physician to a specialty care pro16 vider who provides services more than 100 miles from the

17 location in which the primary care provider provides serv18 ices to the covered beneficiary, the Secretary shall provide

19 reimbursement for reasonable travel expenses for the cov20 ered beneficiary.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by inserting

23 after the item relating to section 1074g the following new

24 item:

‘‘1074i. Reimbursement for certain travel expenses.’’.
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1 SEC. 759. REDUCTION OF CAP ON PAYMENTS.

2 Section 1086(b)(4) of title 10, United States Code,

3 is amended by striking ‘‘$7,500’’ and inserting ‘‘$3,000’’.

4 SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND

5 ADMINISTRATION.

6 (a) EXPANSION OF PROGRAM.—Section 715(a) of the

7 National Defense Authorization Act for Fiscal Year 1996

8 (Public Law 104–106; 110 Stat 375; 10 U.S.C. 1073

9 note) is amended—

10 (1) in the matter preceding paragraph (1), by

11 striking ‘‘Not later than six months after the date

12 of the enactment of this Act, the’’ and inserting

13 ‘‘The’’;

14 (2) in paragraph (1)—

15 (A) by inserting ‘‘, deputy commander, and

16 managed care coordinator’’ after ‘‘commander’’;

17 and

18 (B) by inserting ‘‘, and any other person,’’

19 after ‘‘Defense’’; and

20 (3) by amending subsection (b) to read as fol21 lows:

22 ‘‘(b) LIMITATION ON ASSIGNMENT UNTIL COMPLE23 TION OF TRAINING.—No person may be assigned as the

24 commander, deputy commander, or managed care coordi25 nator of a military medical treatment facility or as a

26 TRICARE lead agent or senior member of the staff of
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1 a TRICARE lead agent office until the Secretary of the

2 military department concerned submits a certification to

3 the Secretary of Defense that such person has completed

4 the training described in subsection (a).’’.

5 (b) REPORT REQUIREMENT.—(1) Not later than 18

6 months after the date of the enactment of this Act, the

7 Secretary of Defense shall submit to Congress a report

8 on progress in meeting the requirements of section 715

9 of such Act (as amended by subsection (a)) by imple10 menting a professional educational program to provide ap11 propriate training in health care management and admin12 istration.

13 (2) The report required by paragraph (1) shall in14 clude the following:

15 (A) A survey of professional civilian certifi16 cations and credentials which demonstrate achieve17 ment of the requirements of such section.

18 (B) A description of the continuing education

19 activities required to obtain initial certification and

20 periodic required recertification.

21 (C) A description of the prominence of such

22 credentials or certifications among senior civilian

23 health care executives.

24 (c) APPLICABILITY.—The amendments made by sub25 section (a) to section 715 of such Act—
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1 (1) shall apply to a deputy commander, a man2 aged care coordinator of a military medical treat3 ment facility, or a lead agent for coordinating the

4 delivery of health care by military and civilian pro5 viders under the TRICARE program, who is as6 signed to such position on or after the date that is

7 one year after the date of the enactment of this Act;

8 and

9 (2) may apply, in the discretion of the Sec10 retary of Defense, to a deputy commander, a man11 aged care coordinator of such a facility, or a lead

12 agent for coordinating the delivery of such health

13 care, who is assigned to such position before the

14 date that is one year after the date of the enactment

15 of this Act.

16 SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIO17 MEDICAL RESEARCH FACILITY.

18 (a) STUDIES REQUIRED.—(1) The Secretary of the

19 Army shall conduct a study on the feasibility of the Tripler

20 Army Medical Center, Hawaii, sharing a biomedical re21 search facility with the Department of Veterans Affairs

22 and the School of Medicine at the University of Hawaii

23 for the purpose of making more efficient use of funding

24 for biomedical research.
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1 (2) The Secretary of the Air Force shall conduct a

2 study on the feasibility of the Little Rock Medical Facility,

3 Arkansas, sharing a biomedical research facility with the

4 Department of Veterans Affairs and the School of Medi5 cine at the University of Arkansas for the purpose of mak6 ing more efficient use of funding for biomedical research.

7 (3) The biomedical research facilities described in

8 paragraphs (1) and (2) would include a clinical research

9 center and facilities for educational, academic, and labora10 tory research.

11 (b) REPORTS.—Not later than March 1, 2001—

12 (1) the Secretary of the Army shall submit to

13 the Committees on Armed Services of the House of

14 Representatives and the Senate a report on the

15 study conducted under subsection (a)(1); and

16 (2) the Secretary of the Air Force shall submit

17 to such committees a report on the study conducted

18 under subsection (a)(2).

19 SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR

20 PHYSICAL, SPEECH, AND OCCUPATIONAL

21 THERAPIES.

22 (a) STUDY REQUIRED.—The Secretary of Defense

23 shall conduct a study comparing coverage and reimburse24 ment for covered beneficiaries under chapter 55 of title

25 10, United States Code, for physical, speech, and occupa-
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1 tional therapies under the TRICARE program and the Ci2 vilian Health and Medical Program of the Uniformed

3 Services to coverage and reimbursement for such therapies

4 by insurers under Medicare and the Federal Employees

5 Health Benefits Program. The study shall examine the fol6 lowing:

7 (1) Types of services covered.

8 (2) Whether prior authorization is required to

9 receive such services.

10 (3) Reimbursement limits for services covered.

11 (4) Whether services are covered on both an in12 patient and outpatient basis.

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

14 Secretary shall submit a report on the findings of the

15 study conducted under this section to the Committees on

16 Armed Services of the Senate and the House of Represent17 atives.

18 TITLE VIII—ACQUISITION POL19 ICY, ACQUISITION MANAGE20 MENT, AND RELATED MAT21 TERS

Subtitle A—Amendments to General Contracting Authorities,

Procedures, and Limitations

Sec. 801. Department of Defense acquisition pilot programs.

Sec. 802. Multiyear services contracts.

Sec. 803. Clarification and extension of authority to carry out certain prototype

projects.

Sec. 804. Clarification of authority of Comptroller General to review records of

participants in certain prototype projects.
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Sec. 805. Extension of time period of limitation on procurement of ball bearings and roller bearings.

Sec. 806. Reporting requirements relating to multiyear contracts.

Sec. 807. Eligibility of small business concerns owned and controlled by women

for assistance under the mentor-protege program.

Sec. 808. Qualifications required for employment and assignment in contracting

positions.

Sec. 809. Revision of authority for solutions-based contracting pilot program.

Sec. 810. Procurement notice of contracting opportunities through electronic

means.

Subtitle B—Information Technology

Sec. 811. Acquisition and management of information technology.

Sec. 812. Tracking and management of information technology purchases.

Sec. 813. Appropriate use of requirements regarding experience and education

of contractor personnel in the procurement of information technology services.

Sec. 814. Navy-Marine Corps Intranet.

Sec. 815. Sense of Congress regarding information technology systems for

Guard and Reserve components.

Subtitle C—Other Acquisition-Related Matters

Sec. 821. Improvements in procurements of services.

Sec. 822. Financial analysis of use of dual rates for quantifying overhead costs

at Army ammunition plants.

Sec. 823. Repeal of prohibition on use of Department of Defense funds for procurement of nuclear-capable shipyard crane from a foreign

source.

Sec. 824. Extension of waiver period for live-fire survivability testing for MH–

47E and MH–60K helicopter modification programs.

Sec. 825. Compliance with existing law regarding purchases of equipment and

products.

Sec. 826. Requirement to disregard certain agreements in awarding contracts

for the purchase of firearms or ammunition.

Subtitle D—Studies and Reports

Sec. 831. Study on impact of foreign sourcing of systems on long-term military

readiness and related industrial infrastructure.

Sec. 832. Study of policies and procedures for transfer of commercial activities.

Sec. 833. Study and report on practice of contract bundling in military construction contracts.

Sec. 834. Requirement to conduct study on contract bundling.
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1 Subtitle A—Amendments to Gen2 eral Contracting Authorities,

3 Procedures, and Limitations

4 SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT

5 PROGRAMS.

6 (a) EXTENSION OF AUTHORITY.—Section 5064(d)(2)

7 of the Federal Acquisition Streamlining Act of 1994 (Pub8 lic Law 103–355; 108 Stat. 3361; 10 U.S.C. 2430 note)

9 is amended by striking ‘‘45 days after the date of the en10 actment of this Act and ends on September 30, 1998’’

11 and inserting ‘‘on October 13, 1994, and ends on October

12 1, 2007’’.

13 (b) EXPANSION OF JDAM PROGRAM.—Section

14 5064(a)(2) of such Act is amended by striking ‘‘1000-

15 pound and 2000-pound bombs’’ and inserting ‘‘500-pound,

16 1000-pound, and 2000-pound bombs’’.

17 (c) REPORT REQUIRED.—(1) Not later than January

18 1, 2001, the Secretary of Defense shall submit to the

19 Committees on Armed Services of the House of Represent20 atives and the Senate a report on the acquisition pilot pro21 grams of the Department of Defense. The report shall de22 scribe, for each acquisition program identified in section

23 5064(a) of the Federal Acquisition Streamlining Act of

24 1994, the following:
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1 (A) Each quantitative measure and goal estab2 lished for each item described in paragraph (2),

3 which of such goals have been achieved, and the ex4 tent to which the use of the authorities in section

5 809 of the National Defense Authorization Act for

6 Fiscal Year 1991 (Public Law 101–510; 10 U.S.C.

7 2430 note) and section 5064 of the Federal Acquisi8 tion Streamlining Act of 1994 was a factor in

9 achieving each of such goals.

10 (B) Recommended revisions to statutes or the

11 Federal Acquisition Regulation as a result of partici12 pation in the pilot program.

13 (C) Any innovative business practices developed

14 as a result of participation in the pilot program,

15 whether such business practices could be applied to

16 other acquisition programs, and any impediments to

17 application of such practices to other programs.

18 (D) Technological changes to the program, and

19 to what extent those changes affected the items in

20 paragraph (2).

21 (E) Any other information determined appro22 priate by the Secretary.

23 (2) The items under this paragraph are, with respect

24 to defense acquisition programs, the following:

25 (A) The acquisition management costs.
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1 (B) The unit cost of the items procured.

2 (C) The acquisition cycle.

3 (D) The total cost of carrying out the contract.

4 (E) Staffing necessary to carry out the pro5 gram.

6 SEC. 802. MULTIYEAR SERVICES CONTRACTS.

7 (a) IN GENERAL.—(1) Chapter 137 of title 10,

8 United States Code, is amended by inserting after section

9 2306b the following:

10 ‘‘§ 2306c. Multiyear contracts: acquisition of services

11 ‘‘(a) AUTHORITY.—Subject to subsections (d) and

12 (e), the head of an agency may enter into contracts for

13 periods of not more than five years for services described

14 in subsection (b), and for items of supply related to such

15 services, for which funds would otherwise be available for

16 obligation only within the fiscal year for which appro17 priated whenever the head of the agency finds that—

18 ‘‘(1) there will be a continuing requirement for

19 the services consonant with current plans for the

20 proposed contract period;

21 ‘‘(2) the furnishing of such services will require

22 a substantial initial investment in plant or equip23 ment, or the incurrence of substantial contingent li24 abilities for the assembly, training, or transportation

25 of a specialized work force; and
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1 ‘‘(3) the use of such a contract will promote the

2 best interests of the United States by encouraging

3 effective competition and promoting economies in op4 eration.

5 ‘‘(b) COVERED SERVICES.—The authority under sub6 section (a) applies to the following types of services:

7 ‘‘(1) Operation, maintenance, and support of

8 facilities and installations.

9 ‘‘(2) Maintenance or modification of aircraft,

10 ships, vehicles, and other highly complex military

11 equipment.

12 ‘‘(3) Specialized training necessitating high

13 quality instructor skills (for example, pilot and air

14 crew members; foreign language training).

15 ‘‘(4) Base services (for example, ground mainte16 nance; in-plane refueling; bus transportation; refuse

17 collection and disposal).

18 ‘‘(c) APPLICABLE PRINCIPLES.—In entering into

19 multiyear contracts for services under the authority of this

20 section, the head of the agency shall be guided by the fol21 lowing principles:

22 ‘‘(1) The portion of the cost of any plant or

23 equipment amortized as a cost of contract perform24 ance should not exceed the ratio between the period

25 of contract performance and the anticipated useful
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1 commercial life of such plant or equipment. Useful

2 commercial life, for this purpose, means the com3 mercial utility of the facilities rather than the phys4 ical life thereof, with due consideration given to such

5 factors as location of facilities, specialized nature

6 thereof, and obsolescence.

7 ‘‘(2) Consideration shall be given to the desir8 ability of obtaining an option to renew the contract

9 for a reasonable period not to exceed three years, at

10 prices not to include charges for plant, equipment

11 and other nonrecurring costs, already amortized.

12 ‘‘(3) Consideration shall be given to the desir13 ability of reserving in the agency the right, upon

14 payment of the unamortized portion of the cost of

15 the plant or equipment, to take title thereto under

16 appropriate circumstances.

17 ‘‘(d) RESTRICTIONS APPLICABLE GENERALLY.—(1)

18 The head of an agency may not initiate under this section

19 a contract for services that includes an unfunded contin20 gent liability in excess of $20,000,000 unless the commit21 tees of Congress named in paragraph (5) are notified of

22 the proposed contract at least 30 days in advance of the

23 award of the proposed contract.

24 ‘‘(2) The head of an agency may not initiate a

25 multiyear contract for services under this section if the
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1 value of the multiyear contract would exceed

2 $500,000,000 unless authority for the contract is specifi3 cally provided by law.

4 ‘‘(3) The head of an agency may not terminate a

5 multiyear procurement contract for services until 10 days

6 after the date on which notice of the proposed termination

7 is provided to the committees of Congress named in para8 graph (5).

9 ‘‘(4) Before any contract described in subsection (a)

10 that contains a clause setting forth a cancellation ceiling

11 in excess of $100,000,000 may be awarded, the head of

12 the agency concerned shall give written notification of the

13 proposed contract and of the proposed cancellation ceiling

14 for that contract to the committees of Congress named

15 in paragraph (5), and such contract may not then be

16 awarded until the end of a period of 30 days beginning

17 on the date of such notification.

18 ‘‘(5) The committees of Congress referred to in para19 graphs (1), (3), and (4) are as follows:

20 ‘‘(A) The Committee on Armed Services and

21 the Committee on Appropriations of the Senate.

22 ‘‘(B) The Committee on Armed Services and

23 the Committee on Appropriations of the House of

24 Representatives.
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1 ‘‘(e) CANCELLATION OR TERMINATION FOR INSUFFI2 CIENT FUNDING AFTER FIRST YEAR.—In the event that

3 funds are not made available for the continuation of a

4 multiyear contract for services into a subsequent fiscal

5 year, the contract shall be canceled or terminated, and the

6 costs of cancellation or termination may be paid from—

7 ‘‘(1) appropriations originally available for the

8 performance of the contract concerned;

9 ‘‘(2) appropriations currently available for pro10 curement of the type of services concerned, and not

11 otherwise obligated; or

12 ‘‘(3) funds appropriated for those payments.

13 ‘‘(f) MULTIYEAR CONTRACT DEFINED.—For the

14 purposes of this section, a multiyear contract is a contract

15 for the purchase of services for more than one, but not

16 more than five, program years. Such a contract may pro17 vide that performance under the contract during the sec18 ond and subsequent years of the contract is contingent

19 upon the appropriation of funds and (if it does so provide)

20 may provide for a cancellation payment to be made to the

21 contractor if such appropriations are not made.’’.

22 (2) The table of sections at the beginning of such

23 chapter is amended by inserting after the item relating

24 to section 2306b the following:

‘‘2306c. Multiyear contracts: acquisition of services.’’.
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1 (b) REFERENCE TO RELOCATED AUTHORITY.—Sub2 section (g) of section 2306 of such title is amended to read

3 as follows:

4 ‘‘(g) Multiyear contracting authority for the acquisi5 tion of services is provided in section 2306c of this title.’’.

6 (c) CONFORMING AMENDMENT.—Section 2306b(k)

7 of title 10, United States Code, is amended by striking

8 ‘‘or services’’.

9 (d) APPLICABILITY.—Section 2306c of title 10,

10 United States Code (as added by subsection (a)), shall

11 apply with respect to contracts for which solicitations of

12 offers are issued after the date of the enactment of this

13 Act.

14 SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY

15 TO CARRY OUT CERTAIN PROTOTYPE

16 PROJECTS.

17 (a) AMENDMENTS TO AUTHORITY.—Section 845 of

18 the National Defense Authorization Act for Fiscal Year

19 1994 (Public Law 103–160; 10 U.S.C. 2371 note) is

20 amended—

21 (1) by redesignating subsection (d) as sub22 section (f); and

23 (2) by inserting after subsection (c) the fol24 lowing new subsections:
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1 ‘‘(d) APPROPRIATE USE OF AUTHORITY.—(1) The

2 Secretary of Defense shall ensure that no official of an

3 agency enters into a transaction (other than a contract,

4 grant, or cooperative agreement) for a prototype project

5 under the authority of this section unless—

6 ‘‘(A) there is at least one nontraditional defense

7 contractor participating to a significant extent in the

8 prototype project; or

9 ‘‘(B) no nontraditional defense contractor is

10 participating to a significant extent in the prototype

11 project, but at least one of the following cir12 cumstances exists:

13 ‘‘(i) At least one third of the total cost of

14 the prototype project is to be paid out of funds

15 provided by parties to the transaction other

16 than the Federal Government.

17 ‘‘(ii) The senior procurement executive for

18 the agency (as designated for the purposes of

19 section 16(3) of the Office of Federal Procure20 ment Policy Act (41 U.S.C. 414(3)) determines

21 in writing that exceptional circumstances justify

22 the use of a transaction that provides for inno23 vative business arrangements or structures that

24 would not be feasible or appropriate under a

25 contract.
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1 ‘‘(2)(A) Except as provided in subparagraph (B), the

2 amounts counted for the purposes of this subsection as

3 being provided, or to be provided, by a party to a trans4 action with respect to a prototype project that is entered

5 into under this section other than the Federal Government

6 do not include costs that were incurred before the date

7 on which the transaction becomes effective.

8 ‘‘(B) Costs that were incurred for a prototype project

9 by a party after the beginning of negotiations resulting

10 in a transaction (other than a contract, grant, or coopera11 tive agreement) with respect to the project before the date

12 on which the transaction becomes effective may be counted

13 for purposes of this subsection as being provided, or to

14 be provided, by the party to the transaction if and to the

15 extent that the official responsible for entering into the

16 transaction determines in writing that—

17 ‘‘(i) the party incurred the costs in anticipation

18 of entering into the transaction; and

19 ‘‘(ii) it was appropriate for the party to incur

20 the costs before the transaction became effective in

21 order to ensure the successful implementation of the

22 transaction.

23 ‘‘(e) NONTRADITIONAL DEFENSE CONTRACTOR DE24 FINED.—In this section, the term ‘nontraditional defense

25 contractor’ means an entity that has not, for a period of
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1 at least one year prior to the date that a transaction (other

2 than a contract, grant, or cooperative agreement) for a

3 prototype project under the authority of this section is en4 tered into, entered into or performed with respect to—

5 ‘‘(1) any contract that is subject to full cov6 erage under the cost accounting standards pre7 scribed pursuant to section 26 of the Office of Fed8 eral Procurement Policy Act (41 U.S.C. 422) and

9 the regulations implementing such section; or

10 ‘‘(2) any other contract in excess of $500,000

11 to carry out prototype projects or to perform basic,

12 applied, or advanced research projects for a Federal

13 agency, that is subject to the Federal Acquisition

14 Regulation.’’.

15 (b) EXTENSION OF AUTHORITY.—Subsection (f) of

16 such section, as redesignated by subsection (a)(1), is

17 amended by striking ‘‘September 30, 2001’’ and inserting

18 ‘‘September 30, 2004’’.

19 SEC. 804. CLARIFICATION OF AUTHORITY OF COMP20 TROLLER GENERAL TO REVIEW RECORDS OF

21 PARTICIPANTS IN CERTAIN PROTOTYPE

22 PROJECTS.

23 (a) COMPTROLLER GENERAL REVIEW.—Section

24 845(c) of the National Defense Authorization Act for Fis25 cal Year 1994 (10 U.S.C. 2371 note) is amended—
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1 (1) by redesignating paragraphs (3) and (4) as

2 paragraphs (4) and (5), respectively; and

3 (2) by inserting after paragraph (2) the fol4 lowing new paragraph (3):

5 ‘‘(3)(A) The right provided to the Comptroller Gen6 eral in a clause of an agreement under paragraph (1) is

7 limited as provided in subparagraph (B) in the case of

8 a party to the agreement, an entity that participates in

9 the performance of the agreement, or a subordinate ele10 ment of that party or entity if the only agreements or

11 other transactions that the party, entity, or subordinate

12 element entered into with Government entities in the year

13 prior to the date of that agreement are cooperative agree14 ments or transactions that were entered into under this

15 section or section 2371 of title 10, United States Code.

16 ‘‘(B) The only records of a party, other entity, or sub17 ordinate element referred to in subparagraph (A) that the

18 Comptroller General may examine in the exercise of the

19 right referred to in that subparagraph are records of the

20 same type as the records that the Government has had

21 the right to examine under the audit access clauses of the

22 previous agreements or transactions referred to in such

23 subparagraph that were entered into by that particular

24 party, entity, or subordinate element.’’.
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1 SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON

2 PROCUREMENT OF BALL BEARINGS AND

3 ROLLER BEARINGS.

4 Section 2534(c)(3) of title 10, United States Code,

5 is amended by striking ‘‘October 1, 2000’’ and inserting

6 ‘‘October 1, 2005’’.

7 SEC. 806. REPORTING REQUIREMENTS RELATING TO

8 MULTIYEAR CONTRACTS.

9 Section 2306b(l) of title 10, United States Code, is

10 amended—

11 (1) in paragraph (4)—

12 (A) in the matter preceding subparagraph

13 (A), by striking ‘‘The head of an agency’’ and

14 all that follows through ‘‘following information’’

15 and inserting ‘‘Not later than the date of the

16 submission of the President’s budget request

17 under section 1105 of title 31, the Secretary of

18 Defense shall submit a report to the congres19 sional defense committees each year, providing

20 the following information with respect to each

21 multiyear contract (and each extension of an

22 existing multiyear contract) entered into, or

23 planned to be entered into, by the head of an

24 agency during the current or preceding year’’;

25 and
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1 (B) in subparagraph (B), by striking ‘‘in

2 effect immediately before the contract (or con3 tract extension) is entered into’’ and inserting

4 ‘‘in effect at the time the report is submitted’’;

5 (2) by redesignating paragraphs (5) through

6 (9) as paragraphs (6) through (10), respectively;

7 and

8 (3) by inserting after paragraph (4) the fol9 lowing new paragraph (5):

10 ‘‘(5) The head of an agency may not enter into a

11 multiyear contract (or extend an existing multiyear con12 tract), the value of which would exceed $500,000,000

13 (when entered into or when extended, as the case may be),

14 until the Secretary of Defense submits to the congres15 sional defense committees a report containing the informa16 tion described in paragraph (4) with respect to the con17 tract (or contract extension).’’.

18 SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS

19 OWNED AND CONTROLLED BY WOMEN FOR

20 ASSISTANCE UNDER THE MENTOR-PROTEGE

21 PROGRAM.

22 Section 831(m)(2) of the National Defense Author23 ization Act for Fiscal Year 1991 (Public Law 101–510;

24 10 U.S.C. 2302 note) is amended—
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1 (1) by striking ‘‘or’’ at the end of subparagraph

2 (C);

3 (2) by striking the period at the end of sub4 paragraph (D) and inserting ‘‘; or’’; and

5 (3) by adding at the end the following:

6 ‘‘(E) a small business concern owned and

7 controlled by women, as defined in section

8 8(d)(3)(D) of the Small Business Act (15

9 U.S.C. 637(d)(3)(D)).’’.

10 SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT

11 AND ASSIGNMENT IN CONTRACTING POSI12 TIONS.

13 (a) APPLICABILITY OF REQUIREMENTS TO MEMBERS

14 OF THE ARMED FORCES.—Section 1724 of title 10,

15 United States Code, is amended in the first sentence of

16 subsection (d)—

17 (1) by striking ‘‘employee of’’ and inserting

18 ‘‘employee or member of’’; and

19 (2) by striking ‘‘employee possesses’’ and in20 serting ‘‘employee or member possesses’’.

21 (b) MANDATORY ACADEMIC QUALIFICATIONS.—(1)

22 Subsection (a)(3) of such section is amended—

23 (A) by inserting ‘‘and’’ before ‘‘(B)’’; and

24 (B) by striking ‘‘, or (C)’’ and all that follows

25 through ‘‘listed in subparagraph (B)’’.
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1 (2) Subsection (b) of such section is amended to read

2 as follows:

3 ‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR

4 MILITARY POSITIONS.—The Secretary of Defense shall re5 quire that a person meet the requirements set forth in

6 paragraph (3) of subsection (a), but not the other require7 ments set forth in that subsection, in order to qualify to

8 serve in a position in the Department of Defense in—

9 ‘‘(1) the GS–1102 occupational series; or

10 ‘‘(2) a similar occupational specialty if the posi11 tion is to be filled by a member of the armed

12 forces.’’.

13 (c) EXCEPTION.—Subsection (c) of such section is

14 amended to read as follows:

15 ‘‘(c) EXCEPTION.—The requirements imposed under

16 subsection (a) or (b) shall not apply to a person for the

17 purpose of qualifying to serve in a position in which the

18 person is serving on September 30, 2000.’’.

19 (d) DELETION OF UNNECESSARY CROSS REF20 ERENCES.—Subsection (a) of such section is amended by

21 striking ‘‘(except as provided in subsections (c) and (d))’’

22 in the matter preceding paragraph (1).

23 (e) EFFECTIVE DATE.—This section, and the amend24 ments made by this section, shall take effect on October
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1 1, 2000, and shall apply to appointments and assignments

2 to contracting positions made on or after that date.

3 SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED

4 CONTRACTING PILOT PROGRAM.

5 (a) PILOT PROJECTS UNDER THE PROGRAM.—Sec6 tion 5312 of the Clinger-Cohen Act of 1996 (40 U.S.C.

7 1492) is amended—

8 (1) in subsection (a), by striking ‘‘subsection

9 (d)(2)’’ and inserting ‘‘subsection (d)’’; and

10 (2) by striking subsection (d) and inserting the

11 following:

12 ‘‘(d) PILOT PROGRAM PROJECTS.—The Adminis13 trator shall authorize to be carried out under the pilot

14 program—

15 ‘‘(1) not more than 10 projects, each of which

16 has an estimated cost of at least $25,000,000 and

17 not more than $100,000,000; and

18 ‘‘(2) not more than 10 projects for small busi19 ness concerns, each of which has an estimated cost

20 of at least $1,000,000 and not more than

21 $5,000,000.’’.

22 (b) ELIMINATION OF REQUIREMENT FOR FEDERAL

23 FUNDING OF PROGRAM DEFINITION PHASE.—Subsection

24 (c)(9)(B) of such section is amended by striking ‘‘program

25 definition phase (funded, in the case of the source ulti-
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1 mately awarded the contract, by the Federal Govern2 ment)—’’ and inserting ‘‘program definition phase—’’.

3 SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OP4 PORTUNITIES THROUGH ELECTRONIC

5 MEANS.

6 (a) PUBLICATION BY ELECTRONIC MEANS.—Sub7 section (a) of section 18 of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 416) is amended—

9 (1) in paragraph (1)(A), by striking ‘‘furnish

10 for publication by the Secretary of Commerce’’ and

11 inserting ‘‘publish’’;

12 (2) by striking paragraph (2) and inserting the

13 following:

14 ‘‘(2)(A) A notice of solicitation required to be pub15 lished under paragraph (1) may be published—

16 ‘‘(i) by electronic means that meets the require17 ments for accessibility under paragraph (7); or

18 ‘‘(ii) by the Secretary of Commerce in the Com19 merce Business Daily.

20 ‘‘(B) The Secretary of Commerce shall promptly pub21 lish in the Commerce Business Daily each notice or an22 nouncement received under this subsection for publication

23 by that means.’’; and

24 (3) by adding at the end the following:
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1 ‘‘(7) A publication of a notice of solicitation by elec2 tronic means meets the requirements for accessibility

3 under this paragraph if the notice is electronically acces4 sible in a form that allows convenient and universal user

5 access through the single Government-wide point of entry

6 designated in the Federal Acquisition Regulation.’’.

7 (b) WAITING PERIOD FOR ISSUANCE OF SOLICITA8 TION.—Paragraph (3) of such subsection is amended—

9 (1) in the matter preceding subparagraph (A),

10 by striking ‘‘furnish a notice to the Secretary of

11 Commerce’’ and inserting ‘‘publish a notice of solici12 tation’’; and

13 (2) in subparagraph (A), by striking ‘‘by the

14 Secretary of Commerce’’.

15 (c) CONFORMING AMENDMENTS TO SMALL BUSI16 NESS ACT.—Subsection (e) of section 8 of the Small Busi17 ness Act (15 U.S.C. 637) is amended—

18 (1) in paragraph (1)(A), by striking ‘‘furnish

19 for publication by the Secretary of Commerce’’ and

20 inserting ‘‘publish’’;

21 (2) by striking paragraph (2) and inserting the

22 following:

23 ‘‘(2)(A) A notice of solicitation required to be pub24 lished under paragraph (1) may be published—
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1 ‘‘(i) by electronic means that meet the accessi2 bility requirements under section 18(a)(7) of the Of3 fice of Federal Procurement Policy Act (41 U.S.C.

4 416(a)(7)); or

5 ‘‘(ii) by the Secretary of Commerce in the Com6 merce Business Daily.

7 ‘‘(B) The Secretary of Commerce shall promptly pub8 lish in the Commerce Business Daily each notice or an9 nouncement received under this subsection for publication

10 by that means.’’; and

11 (3) in paragraph (3)—

12 (A) in the matter preceding subparagraph

13 (A), by striking ‘‘furnish a notice to the Sec14 retary of Commerce’’ and inserting ‘‘publish a

15 notice of solicitation’’; and

16 (B) in subparagraph (A), by striking ‘‘by

17 the Secretary of Commerce’’.

18 (d) PERIODIC REPORTS ON IMPLEMENTATION OF

19 ELECTRONIC COMMERCE IN FEDERAL PROCUREMENT.—

20 Section 30(e) of the Office of Federal Procurement Policy

21 Act (41 U.S.C. 426(e)) is amended—

22 (1) in the first sentence, by striking ‘‘Not later

23 than March 1, 1998, and every year afterward

24 through 2003’’ and inserting ‘‘Not later than March

25 1 of each even-numbered year through 2004’’; and
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1 (2) in paragraph (4)—

2 (A) by striking ‘‘Beginning with the report

3 submitted on March 1, 1999, an’’ and inserting

4 ‘‘An’’; and

5 (B) by striking ‘‘calendar year’’ and insert6 ing ‘‘two fiscal years’’.

7 (e) EFFECTIVE DATE; APPLICABILITY.—The amend8 ments made by this section shall take effect on October

9 1, 2000. The amendments made by subsections (a), (b),

10 and (c) shall apply with respect to solicitations issued on

11 or after that date.

12 Subtitle B—Information

13 Technology

14 SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMA15 TION TECHNOLOGY.

16 (a) RESPONSIBILITY OF DOD CHIEF INFORMATION

17 OFFICER RELATING TO MISSION CRITICAL AND MISSION

18 ESSENTIAL INFORMATION TECHNOLOGY SYSTEMS.—Sec19 tion 2223(a) of title 10, United States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (3);

22 (2) by striking the period at the end of para23 graph (4) and inserting ‘‘; and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(5) maintain a consolidated inventory of De2 partment of Defense mission critical and mission es3 sential information systems, identify interfaces be4 tween those systems and other information systems,

5 and develop and maintain contingency plans for re6 sponding to a disruption in the operation of any of

7 those information systems.’’.

8 (b) MINIMUM PLANNING REQUIREMENTS FOR THE

9 ACQUISITION OF INFORMATION TECHNOLOGY SYS10 TEMS.—(1) Not later than 60 days after the date of the

11 enactment of this Act, Department of Defense Directive

12 5000.1 shall be revised to establish minimum planning re13 quirements for the acquisition of information technology

14 systems.

15 (2) The revised directive required by (1) shall—

16 (A) include definitions of the terms ‘‘mission

17 critical information system’’ and ‘‘mission essential

18 information system’’;

19 (B) prohibit the award of any contract for the

20 acquisition of a mission critical or mission essential

21 information technology system until—

22 (i) the system has been registered with the

23 Chief Information Officer of the Department of

24 Defense;
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1 (ii) the Chief Information Officer has re2 ceived all information on the system that is re3 quired under the directive to be provided to

4 that official; and

5 (iii) the Chief Information Officer has de6 termined that there is in place for the system

7 an appropriate information assurance strategy;

8 and

9 (C) require that, in the case of each system reg10 istered pursuant to subparagraph (B)(i), the infor11 mation required under subparagraph (B)(ii) to be

12 submitted as part of the registration shall be up13 dated on not less than a quarterly basis.

14 (c) MILESTONE APPROVAL FOR MAJOR AUTOMATED

15 INFORMATION SYSTEMS.—The revised directive required

16 by subsection (b) shall prohibit Milestone I approval, Mile17 stone II approval, or Milestone III approval (or the equiva18 lent) of a major automated information system within the

19 Department of Defense until the Chief Information Offi20 cer has determined that—

21 (1) the system is being developed in accordance

22 with the requirements of division E of the Clinger23 Cohen Act of 1996 (40 U.S.C. 1401 et seq.);

24 (2) appropriate actions have been taken with

25 respect to the system in the areas of business proc-
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1 ess reengineering, analysis of alternatives, economic

2 analysis, and performance measures; and

3 (3) the system has been registered as described

4 in subsection (b)(2)(B).

5 (d) NOTICE OF REDESIGNATION OF SYSTEMS.—(1)

6 Whenever during fiscal year 2001, 2002, or 2003 the

7 Chief Information Officer designates a system previously

8 designated as a major automated information system to

9 be in a designation category other than a major automated

10 information system, the Chief Information Officer shall

11 notify the congressional defense committees of that des12 ignation. The notice shall be provided not later than 30

13 days after the date of that designation. Any such notice

14 shall include the rationale for the decision to make the

15 designation and a description of the program management

16 oversight that will be implemented for the system so des17 ignated.

18 (2) Not later than 60 days after the date of the enact19 ment of this Act, the Chief Information Officer shall sub20 mit to the congressional defense committees a report

21 specifying each information system of the Department of

22 Defense previously designated as a major automated infor23 mation system that is currently designated in a designa24 tion category other than a major automated information

25 system including designation as a ‘‘special interest major
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1 technology initiative’’. The report shall include for each

2 such system the information specified in the third sentence

3 of paragraph (1).

4 (e) ANNUAL IMPLEMENTATION REPORT.—(1) The

5 Secretary of Defense shall submit to the congressional de6 fense committees, not later than April 1 of each of fiscal

7 years 2001, 2002, and 2003, a report on the implementa8 tion of the requirements of this section during the pre9 ceding fiscal year.

10 (2) The report for a fiscal year under paragraph (1)

11 shall include, at a minimum, for each major automated

12 information system that was approved during such pre13 ceding fiscal year under Department of Defense Directive

14 5000.1 (as revised pursuant to subsection (b)), the fol15 lowing:

16 (A) The funding baseline.

17 (B) The milestone schedule.

18 (C) The actions that have been taken to ensure

19 compliance with the requirements of this section and

20 the directive.

21 (3) The first report shall include, in addition to the

22 information required by paragraph (2), an explanation of

23 the manner in which the responsible officials within the

24 Department of Defense have addressed, or intend to ad25 dress, the following acquisition issues for each major auto-
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1 mated information system planned to be acquired after

2 that fiscal year:

3 (A) Requirements definition.

4 (B) Presentation of a business case analysis, in5 cluding an analysis of alternatives and a calculation

6 of return on investment.

7 (C) Performance measurement.

8 (D) Test and evaluation.

9 (E) Interoperability.

10 (F) Cost, schedule, and performance baselines.

11 (G) Information assurance.

12 (H) Incremental fielding and implementation.

13 (I) Risk mitigation.

14 (J) The role of integrated product teams.

15 (K) Issues arising from implementation of the

16 Command, Control, Communications, Computers,

17 Intelligence, Surveillance, and Reconnaissance Plan

18 required by Department of Defense Directive 5000.1

19 and Chairman of the Joint Chiefs of Staff Instruc20 tion 3170.01.

21 (L) Oversight, including the Chief Information

22 Officer’s oversight of decision reviews.

23 (f) DEFINITIONS.—In this section:

24 (1) The term ‘‘Chief Information Officer’’

25 means the senior official of the Department of De-
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1 fense designated by the Secretary of Defense pursu2 ant to section 3506 of title 44, United States Code.

3 (2) The term ‘‘information technology system’’

4 has the meaning given the term ‘‘information tech5 nology’’ in section 5002 of the Clinger-Cohen Act of

6 1996 (40 U.S.C. 1401).

7 (3) The term ‘‘major automated information

8 system’’ has the meaning given that term in Depart9 ment of Defense Directive 5000.1.

10 SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION

11 TECHNOLOGY PURCHASES.

12 (a) IN GENERAL.—(1) Chapter 131 of title 10,

13 United States Code, is amended by adding at the end the

14 following new section:

15 ‘‘§ 2225. Information technology purchases: tracking

16 and management

17 ‘‘(a) COLLECTION OF DATA REQUIRED.—To improve

18 tracking and management of information technology prod19 ucts and services by the Department of Defense, the Sec20 retary of Defense shall provide for the collection of the

21 data described in subsection (b) for each purchase of such

22 products or services made by a military department or De23 fense Agency in excess of the simplified acquisition thresh24 old, regardless of whether such a purchase is made in the

25 form of a contract, task order, delivery order, military
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1 interdepartmental purchase request, or any other form of

2 interagency agreement.

3 ‘‘(b) DATA TO BE COLLECTED.—The data required

4 to be collected under subsection (a) includes the following:

5 ‘‘(1) The products or services purchased.

6 ‘‘(2) Whether the products or services are cat7 egorized as commercially available off-the-shelf

8 items, other commercial items, nondevelopmental

9 items other than commercial items, other non10 commercial items, or services.

11 ‘‘(3) The total dollar amount of the purchase.

12 ‘‘(4) The form of contracting action used to

13 make the purchase.

14 ‘‘(5) In the case of a purchase made through an

15 agency other than the Department of Defense—

16 ‘‘(A) the agency through which the pur17 chase is made; and

18 ‘‘(B) the reasons for making the purchase

19 through that agency.

20 ‘‘(6) The type of pricing used to make the pur21 chase (whether fixed price or another type of pric22 ing).

23 ‘‘(7) The extent of competition provided in

24 making the purchase.
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1 ‘‘(8) A statement regarding whether the pur2 chase was made from—

3 ‘‘(A) a small business concern;

4 ‘‘(B) a small business concern owned and

5 controlled by socially and economically dis6 advantaged individuals; or

7 ‘‘(C) a small business concern owned and

8 controlled by women.

9 ‘‘(9) A statement regarding whether the pur10 chase was made in compliance with the planning re11 quirements under sections 5122 and 5123 of the

12 Clinger-Cohen Act of 1996 (40 U.S.C. 1422, 1423).

13 ‘‘(c) RESPONSIBILITY TO ENSURE FAIRNESS OF

14 CERTAIN PRICES.—The head of each contracting activity

15 in the Department of Defense shall have responsibility for

16 ensuring the fairness and reasonableness of unit prices

17 paid by the contracting activity for information technology

18 products and services that are frequently purchased com19 mercially available off-the-shelf items.

20 ‘‘(d) LIMITATION ON CERTAIN PURCHASES.—No

21 purchase of information technology products or services

22 in excess of the simplified acquisition threshold shall be

23 made for the Department of Defense from a Federal agen24 cy outside the Department of Defense unless—
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1 ‘‘(1) the purchase data is collected in accord2 ance with subsection (a); or

3 ‘‘(2)(A) in the case of a purchase by a Defense

4 Agency, the purchase is approved by the Under Sec5 retary of Defense for Acquisition, Technology, and

6 Logistics; or

7 ‘‘(B) in the case of a purchase by a military de8 partment, the purchase is approved by the senior

9 procurement executive of the military department.

10 ‘‘(e) ANNUAL REPORT.—Not later than March 15 of

11 each year, the Secretary of Defense shall submit to the

12 Committees on Armed Services of the Senate and the

13 House of Representatives a report containing a summary

14 of the data collected in accordance with subsection (a).

15 ‘‘(f) DEFINITIONS.—In this section:

16 ‘‘(1) The term ‘senior procurement executive’,

17 with respect to a military department, means the of18 ficial designated as the senior procurement executive

19 for the military department for the purposes of sec20 tion 16(3) of the Office of Federal Procurement Pol21 icy Act (41 U.S.C. 414(3)).

22 ‘‘(2) The term ‘simplified acquisition threshold’

23 has the meaning given the term in section 4(11) of

24 the Office of Federal Procurement Policy Act (41

25 U.S.C. 403(11)).
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1 ‘‘(3) The term ‘small business concern’ means

2 a business concern that meets the applicable size

3 standards prescribed pursuant to section 3(a) of the

4 Small Business Act (15 U.S.C. 632(a)).

5 ‘‘(4) The term ‘small business concern owned

6 and controlled by socially and economically disadvan7 taged individuals’ has the meaning given that term

8 in section 8(d)(3)(C) of the Small Business Act (15

9 U.S.C. 637(d)(3)(C)).

10 ‘‘(5) The term ‘small business concern owned

11 and controlled by women’ has the meaning given

12 that term in section 8(d)(3)(D) of the Small Busi13 ness Act (15 U.S.C. 637(d)(3)(D)).’’.

14 (2) The table of sections at the beginning of such

15 chapter is amended by adding at the end the following:

‘‘2225. Information technology purchases: tracking and management.’’.

16 (b) TIME FOR IMPLEMENTATION; APPLICABILITY.—

17 (1) The Secretary of Defense shall collect data as required

18 under section 2225 of title 10, United States Code (as

19 added by subsection (a)) for all contractual actions cov20 ered by such section entered into on or after the date that

21 is one year after the date of the enactment of this Act.

22 (2) Subsection (d) of such section shall apply with

23 respect to purchases described in that subsection for which

24 solicitations of offers are issued on or after the date that

25 is one year after the date of the enactment of this Act.
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1 (c) GAO REPORT.—Not later than 15 months after

2 the date of the enactment of this Act, the Comptroller

3 General shall submit to the congressional defense commit4 tees a report on the collection of data under such section

5 2225. The report shall include the Comptroller General’s

6 assessment of the extent to which the collection of data

7 meets the requirements of that section.

8 SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARD9 ING EXPERIENCE AND EDUCATION OF CON10 TRACTOR PERSONNEL IN THE PROCURE11 MENT OF INFORMATION TECHNOLOGY SERV12 ICES.

13 (a) AMENDMENT OF THE FEDERAL ACQUISITION

14 REGULATION.—Not later than 180 days after the date of

15 the enactment of this Act, the Federal Acquisition Regula16 tion issued in accordance with sections 6 and 25 of the

17 Office of Federal Procurement Policy Act (41 U.S.C. 405

18 and 421) shall be amended to address the use, in the pro19 curement of information technology services, of require20 ments regarding the experience and education of con21 tractor personnel.

22 (b) CONTENT OF AMENDMENT.—The amendment

23 issued pursuant to subsection (a) shall, at a minimum,

24 provide that solicitations for the procurement of informa25 tion technology services shall not set forth any minimum
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1 experience or educational requirement for proposed con2 tractor personnel in order for a bidder to be eligible for

3 award of a contract unless—

4 (1) the contracting officer first determines that

5 the needs of the executive agency cannot be met

6 without any such requirement; or

7 (2) the needs of the executive agency require

8 the use of a type of contract other than a perform9 ance-based contract.

10 (c) GAO REPORT.—Not later than one year after the

11 date on which the regulations required by subsection (a)

12 are published in the Federal Register, the Comptroller

13 General shall submit to Congress an evaluation of—

14 (1) executive agency compliance with the regu15 lations; and

16 (2) conformance of the regulations with existing

17 law, together with any recommendations that the

18 Comptroller General considers appropriate.

19 (d) DEFINITIONS.—In this section:

20 (1) The term ‘‘executive agency’’ has the mean21 ing given that term in section 4(1) of the Office of

22 Federal Procurement Policy Act (41 U.S.C. 403(1)).

23 (2) The term ‘‘information technology’’ has the

24 meaning given that term in section 5002(3) of the

25 Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)).
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1 (3) The term ‘‘performance-based’’, with re2 spect to a contract, means that the contract includes

3 the use of performance work statements that set

4 forth contract requirements in clear, specific, and

5 objective terms with measurable outcomes.

6 SEC. 814. NAVY-MARINE CORPS INTRANET.

7 (a) LIMITATION.—None of the funds authorized to

8 be appropriated for the Department of the Navy may be

9 obligated or expended to carry out a Navy-Marine Corps

10 Intranet contract before—

11 (1) the Comptroller of the Department of De12 fense and the Director of the Office of Management

13 and Budget—

14 (A) have reviewed—

15 (i) the Report to Congress on the

16 Navy-Marine Corps Intranet submitted by

17 the Department of the Navy on June 30,

18 2000; and

19 (ii) the Business Case Analysis Sup20 plement for the Report to Congress on the

21 Navy-Marine Corps Intranet submitted by

22 the Department of the Navy on July 15,

23 2000; and
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1 (B) have provided their written comments

2 to the Secretary of the Navy and the Chief of

3 Naval Operations; and

4 (2) the Secretary of the Navy and the Chief of

5 Naval Operations have submitted to Congress a joint

6 certification that they have reviewed the business

7 case for the contract and the comments provided by

8 the Comptroller of the Department of Defense and

9 the Director of the Office of Management and Budg10 et and that they have determined that the implemen11 tation of the contract is in the best interest of the

12 Department of the Navy.

13 (b) PHASED IMPLEMENTATION—(1) Upon the sub14 mission of the certification under subsection (a)(2), the

15 Secretary of the Navy may commence a phased implemen16 tation of a Navy-Marine Corps Intranet contract.

17 (2) Not more than 15 percent of the total number

18 of work stations to be provided under the Navy-Marine

19 Corps Intranet program may be provided in the first incre20 ment of implementation of the Navy-Marine Corps

21 Intranet contract.

22 (3) No work stations in excess of the number per23 mitted by paragraph (2) may be provided under the pro24 gram until—
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1 (A) the Secretary of the Navy has conducted

2 operational testing and cost review of the increment

3 covered by that paragraph;

4 (B) the Chief Information Officer of the De5 partment of Defense has certified to the Secretary of

6 the Navy that the results of the operational testing

7 of the Intranet are acceptable;

8 (C) the Comptroller of the Department of De9 fense has certified to the Secretary of the Navy that

10 the cost review provides a reliable basis for fore11 casting the cost impact of continued implementation;

12 and

13 (D) the Secretary of the Navy and the Chief of

14 Naval Operations have submitted to Congress a joint

15 certification that they have reviewed the certifi16 cations submitted under subparagraphs (B) and (C)

17 and have determined that the continued implementa18 tion of the contract is in the best interest of the De19 partment of the Navy.

20 (4) No increment of the Navy-Marine Corps Intranet

21 that is implemented during fiscal year 2001 may include

22 any activities of the Marine Corps, the naval shipyards,

23 or the naval aviation depots. Funds available for fiscal

24 year 2001 for activities of the Marine Corps, the naval

25 shipyards, or the naval aviation depots may not be ex-
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1 pended for any contract for the Navy-Marine Corps

2 Intranet.

3 (c) PROHIBITION ON INCREASE OF RATES

4 CHARGED.—The Secretary of the Navy shall ensure that

5 rates charged by a working capital funded industrial facil6 ity of the Department of the Navy for goods or services

7 provided by such facility are not increased during fiscal

8 year 2001 for the purpose of funding the Navy-Marine

9 Corps Intranet contract.

10 (d) APPLICABILITY OF STATUTORY AND REGU11 LATORY REQUIREMENTS.—The acquisition of a Navy-Ma12 rine Corps Intranet shall be managed by the Department

13 of the Navy in accordance with the requirements of—

14 (1) the Clinger-Cohen Act of 1996 (divisions D

15 and E of Public Law 104–106), including the re16 quirement for utilizing modular contracting in ac17 cordance with section 38 of the Office of Federal

18 Procurement Policy Act (41 U.S.C. 434); and

19 (2) Department of Defense Directives 5000.1

20 and 5000.2–R and all other directives, regulations,

21 and management controls that are applicable to

22 major investments in information technology and re23 lated services.

24 (e) IMPACT ON FEDERAL EMPLOYEES.—The Sec25 retary shall mitigate any adverse impact of the implemen-
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1 tation of the Navy-Marine Corps Intranet on civilian em2 ployees of the Department of the Navy who, as of the date

3 of the enactment of this Act, are performing functions

4 that are included in the scope of the Navy-Marine Corps

5 Intranet program by—

6 (1) developing a comprehensive plan for the

7 transition of such employees to the performance of

8 other functions within the Department of the Navy;

9 (2) taking full advantage of transition authori10 ties available for the benefit of employees;

11 (3) encouraging the retraining of employees

12 who express a desire to qualify for reassignment to

13 the performance of other functions within the De14 partment of the Navy; and

15 (4) including a provision in the Navy-Marine

16 Corps Intranet contract that requires the contractor

17 to provide a preference for hiring employees of the

18 Department of the Navy who, as of the date of the

19 enactment of this Act, are performing functions that

20 are included in the scope of the contract.

21 (f) NAVY-MARINE CORPS INTRANET CONTRACT DE22 FINED.—In this section, the term ‘‘Navy-Marine Corps

23 Intranet contract’’ means a contract providing for a long24 term arrangement of the Department of the Navy with

25 the commercial sector that imposes on the contractor a
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1 responsibility for, and transfers to the contractor the risk

2 of, providing and managing the significant majority of

3 desktop, server, infrastructure, and communication assets

4 and services of the Department of the Navy.

5 SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION

6 TECHNOLOGY SYSTEMS FOR GUARD AND RE7 SERVE COMPONENTS.

8 It is the sense of Congress—

9 (1) that the Secretary of Defense should take

10 appropriate steps to provide for upgrading informa11 tion technology systems of the reserve components to

12 ensure that those systems are capable, as required

13 for mission purposes, of communicating with other

14 relevant information technology systems of the mili15 tary department concerned and of the Department

16 of Defense in general; and

17 (2) that the Secretary of each military depart18 ment should ensure that communications systems

19 for the reserve components under the Secretary’s ju20 risdiction receive appropriate funding for informa21 tion technology systems in order to achieve the capa22 bility referred to in paragraph (1).
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1 Subtitle C—Other Acquisition-Related

2 Matters

3 SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERV4 ICES.

5 (a) PREFERENCE FOR PERFORMANCE-BASED SERV6 ICE CONTRACTING.—Not later than 180 days after the

7 date of the enactment of this Act, the Federal Acquisition

8 Regulation issued in accordance with sections 6 and 25

9 of the Office of Federal Procurement Policy Act (41

10 U.S.C. 405 and 421) shall be revised to establish a pref11 erence for use of contracts and task orders for the pur12 chase of services in the following order of precedence:

13 (1) A performance-based contract or perform14 ance-based task order that contains firm fixed prices

15 for the specific tasks to be performed.

16 (2) Any other performance-based contract or

17 performance-based task order.

18 (3) Any contract or task order that is not a

19 performance-based contract or a performance-based

20 task order.

21 (b) INCENTIVE FOR USE OF PERFORMANCE-BASED

22 SERVICE CONTRACTS.—(1) A Department of Defense per23 formance-based service contract or performance-based

24 task order may be treated as a contract for the procure25 ment of commercial items if—
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1 (A) the contract or task order is valued at

2 $5,000,000 or less;

3 (B) the contract or task order sets forth specifi4 cally each task to be performed and, for each task—

5 (i) defines the task in measurable, mission6 related terms;

7 (ii) identifies the specific end products or

8 output to be achieved; and

9 (iii) contains a firm fixed price; and

10 (C) the source of the services provides similar

11 services contemporaneously to the general public

12 under terms and conditions similar to those offered

13 to the Federal Government.

14 (2) The special simplified procedures provided in the

15 Federal Acquisition Regulation pursuant to section

16 2304(g)(1)(B) of title 10, United States Code, shall not

17 apply to a performance-based service contract or perform18 ance-based task order that is treated as a contract for the

19 procurement of commercial items under paragraph (1).

20 (3) Not later than 2 years after the date of the enact21 ment of this Act, the Comptroller General shall submit

22 a report on the implementation of this subsection to the

23 congressional defense committees.
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1 (4) The authority under this subsection shall not

2 apply to contracts entered into or task orders issued more

3 than 3 years after the date of the enactment of this Act.

4 (c) CENTERS OF EXCELLENCE IN SERVICE CON5 TRACTING.—Not later than 180 days after the date of the

6 enactment of this Act, the Secretary of each military de7 partment shall establish at least one center of excellence

8 in contracting for services. Each center of excellence shall

9 assist the acquisition community by identifying, and serv10 ing as a clearinghouse for, best practices in contracting

11 for services in the public and private sectors.

12 (d) ENHANCED TRAINING IN SERVICE CON13 TRACTING.—(1) The Secretary of Defense shall ensure

14 that classes focusing specifically on contracting for serv15 ices are offered by the Defense Acquisition University and

16 the Defense Systems Management College and are other17 wise available to contracting personnel throughout the De18 partment of Defense.

19 (2) The Secretary of each military department and

20 the head of each Defense Agency shall ensure that the

21 personnel of the department or agency, as the case may

22 be, who are responsible for the awarding and management

23 of contracts for services receive appropriate training that

24 is focused specifically on contracting for services.

25 (e) DEFINITIONS.—In this section:
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1 (1) The term ‘‘performance-based’’, with re2 spect to a contract, a task order, or contracting,

3 means that the contract, task order, or contracting,

4 respectively, includes the use of performance work

5 statements that set forth contract requirements in

6 clear, specific, and objective terms with measurable

7 outcomes.

8 (2) The term ‘‘commercial item’’ has the mean9 ing given the term in section 4(12) of the Office of

10 Federal Procurement Policy Act (41 U.S.C.

11 403(12)).

12 (3) The term ‘‘Defense Agency’’ has the mean13 ing given the term in section 101(a)(11) of title 10,

14 United States Code.

15 SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES

16 FOR QUANTIFYING OVERHEAD COSTS AT

17 ARMY AMMUNITION PLANTS.

18 (a) REQUIREMENT FOR ANALYSIS.—The Secretary of

19 the Army shall carry out a financial analysis of the costs

20 that would be incurred and the benefits that would be de21 rived from the implementation of a policy of using—

22 (1) one set of rates for quantifying the over23 head costs associated with Government-owned am24 munition plants of the Department of the Army
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1 when allocating those costs to contractors operating

2 the plants; and

3 (2) another set of rates for quantifying the

4 overhead costs to be allocated to the operation of

5 such plants by employees of the United States.

6 (b) REPORT.—Not later than February 15, 2001, the

7 Secretary shall submit to the congressional defense com8 mittees a report on the results of the analysis carried out

9 under subsection (a). The report shall include the fol10 lowing:

11 (1) The costs and benefits identified in the

12 analysis under subsection (a).

13 (2) The risks to the United States of imple14 menting a dual-rate policy described in subsection

15 (a).

16 (3) The effects that a use of dual rates under

17 such a policy would have on the defense industrial

18 base of the United States.

19 SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPART20 MENT OF DEFENSE FUNDS FOR PROCURE21 MENT OF NUCLEAR-CAPABLE SHIPYARD

22 CRANE FROM A FOREIGN SOURCE.

23 Section 8093 of the Department of Defense Appro24 priations Act, 2000 (Public Law 106–79; 113 Stat. 1253),

25 is amended by striking subsection (d), relating to a prohi-
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1 bition on the use of Department of Defense funds to pro2 cure a nuclear-capable shipyard crane from a foreign

3 source.

4 SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE

5 SURVIVABILITY TESTING FOR MH–47E AND

6 MH–60K HELICOPTER MODIFICATION PRO7 GRAMS.

8 (a) EXISTING WAIVER PERIOD NOT APPLICABLE.—

9 Section 2366(c)(1) of title 10, United States Code, shall

10 not apply with respect to survivability and lethality tests

11 for the MH–47E and MH–60K helicopter modification

12 programs. Except as provided in the previous sentence, the

13 provisions and requirements in section 2366(c) of such

14 title shall apply with respect to such programs, and the

15 certification required by subsection (b) shall comply with

16 the requirements in paragraph (3) of such section.

17 (b) EXTENDED PERIOD FOR WAIVER.—With respect

18 to the MH–47E and MH–60K helicopter modification pro19 grams, the Secretary of Defense may waive the application

20 of the survivability and lethality tests described in section

21 2366(a) of title 10, United States Code, if the Secretary,

22 before full materiel release of the MH–47E and MH–60K

23 helicopters for operational use, certifies to Congress that

24 live-fire testing of the programs would be unreasonably ex25 pensive and impracticable.
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1 (c) CONFORMING AMENDMENT.—Section 142(a) of

2 the National Defense Authorization Act for Fiscal Year

3 1993 (Public Law 102–484; 106 Stat. 2338) is amended

4 by striking ‘‘and survivability testing’’ in paragraphs (1)

5 and (2).

6 SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING

7 PURCHASES OF EQUIPMENT AND PRODUCTS.

8 (a) SENSE OF CONGRESS REGARDING PURCHASE BY

9 THE DEPARTMENT OF DEFENSE OF EQUIPMENT AND

10 PRODUCTS.—It is the sense of Congress that any entity

11 of the Department of Defense, in expending funds author12 ized by this Act for the purchase of equipment or prod13 ucts, should fully comply with the Buy American Act (41

14 U.S.C. 10a et seq.) and section 2533 of title 10, United

15 States Code.

16 (b) DEBARMENT OF PERSONS CONVICTED OF

17 FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LABELS.—

18 If the Secretary of Defense determines that a person has

19 been convicted of intentionally affixing a label bearing a

20 ‘‘Made in America’’ inscription, or another inscription

21 with the same meaning, to any product sold in or shipped

22 to the United States that is not made in the United

23 States, the Secretary shall determine, in accordance with

24 section 2410f of title 10, United States Code, whether the
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1 person should be debarred from contracting with the De2 partment of Defense.

3 SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREE4 MENTS IN AWARDING CONTRACTS FOR THE

5 PURCHASE OF FIREARMS OR AMMUNITION.

6 In accordance with the requirements contained in the

7 amendments enacted in the Competition in Contracting

8 Act of 1984 (title VII of division B of Public Law 98–

9 369; 98 Stat. 1175), the Secretary of Defense may not,

10 in awarding a contract for the purchase of firearms or

11 ammunition, take into account whether a manufacturer or

12 vendor of firearms or ammunition is a party to an agree13 ment under which the manufacturer or vendor agrees to

14 adopt limitations with respect to importing, manufac15 turing, or dealing in firearms or ammunition in the com16 mercial market.

17 Subtitle D—Studies and Reports

18 SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF

19 SYSTEMS ON LONG-TERM MILITARY READI20 NESS AND RELATED INDUSTRIAL INFRA21 STRUCTURE.

22 (a) STUDY REQUIRED.—The Secretary of Defense

23 shall conduct a study analyzing in detail—
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1 (1) the amount and sources of parts, compo2 nents, and materials of the systems described in sub3 section (b) that are obtained from foreign sources;

4 (2) the impact of obtaining such parts, compo5 nents, and materials from foreign sources on the

6 long-term readiness of the Armed Forces and on the

7 economic viability of the national technology and in8 dustrial base;

9 (3) the impact on military readiness that would

10 result from the loss of the ability to obtain parts,

11 components, and materials identified pursuant to

12 paragraph (1) from foreign sources; and

13 (4) the availability of domestic sources for

14 parts, components, and materials identified as being

15 obtained from foreign sources pursuant to paragraph

16 (1).

17 (b) SYSTEMS.—The systems referred to in subsection

18 (a) are the following:

19 (1) AH–64D Apache helicopter.

20 (2) F/A–18 E/F aircraft.

21 (3) M1A2 Abrams tank.

22 (4) AIM–120 AMRAAM missile.

23 (5) Patriot missile ground station.

24 (6) Hellfire missile.
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1 (c) SOURCE OF INFORMATION.—The Secretary shall

2 collect information to be analyzed under the study from

3 prime contractors and first and second tier subcontrac4 tors.

5 (d) REPORT REQUIRED.—Not later than one year

6 after the date of the enactment of this Act, the Secretary

7 shall submit to Congress a report describing the results

8 of the study required by this section.

9 (e) DEFINITIONS.—In this section:

10 (1) The term ‘‘domestic source’’ means a per11 son or organization that falls within the term ‘‘na12 tional technology and industrial base’’, as defined in

13 section 2500(1) of title 10, United States Code.

14 (2) The term ‘‘foreign source’’ means a person

15 or organization that does not fall within the meaning

16 of the term ‘‘national technology and industrial

17 base’’, as defined in such section.

18 (3) The term ‘‘national technology and indus19 trial base’’ has the meaning given that term in such

20 section.

21 SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR

22 TRANSFER OF COMMERCIAL ACTIVITIES.

23 (a) GAO-CONVENED PANEL.—The Comptroller Gen24 eral shall convene a panel of experts to study the policies

25 and procedures governing the transfer of commercial ac-
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1 tivities for the Federal Government from Government per2 sonnel to a Federal contractor, including—

3 (1) procedures for determining whether func4 tions should continue to be performed by Govern5 ment personnel;

6 (2) procedures for comparing the costs of per7 formance of functions by Government personnel and

8 the costs of performance of such functions by Fed9 eral contractors;

10 (3) implementation by the Department of De11 fense of the Federal Activities Inventory Reform Act

12 of 1998 (Public Law 105–270; 31 U.S.C. 501 note);

13 and

14 (4) procedures of the Department of Defense

15 for public-private competitions pursuant to the Of16 fice of Management and Budget Circular A–76.

17 (b) COMPOSITION OF PANEL.—(1) The Comptroller

18 General shall appoint highly qualified and knowledgeable

19 persons to serve on the panel and shall ensure that the

20 following entities receive fair representation on the panel:

21 (A) The Department of Defense.

22 (B) Persons in private industry.

23 (C) Federal labor organizations.

24 (D) The Office of Management and Budget.
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1 (2) For the purposes of the requirement for fair rep2 resentation under paragraph (1), persons serving on the

3 panel under subparagraph (C) of that paragraph shall not

4 be counted as persons serving on the panel under subpara5 graph (A), (B), or (D) of that paragraph.

6 (c) CHAIRMAN.—The Comptroller General, or an in7 dividual within the General Accounting Office designated

8 by the Comptroller General, shall be the chairman of the

9 panel.

10 (d) PARTICIPATION BY OTHER INTERESTED PAR11 TIES.—The chairman shall ensure that all interested par12 ties, including individuals who are not represented on the

13 panel who are officers or employees of the United States,

14 persons in private industry, or representatives of Federal

15 labor organizations, have the opportunity to submit infor16 mation and views on the matters being studied by the

17 panel.

18 (e) INFORMATION FROM AGENCIES.—The panel may

19 request directly from any department or agency of the

20 United States any information that the panel considers

21 necessary to carry out a meaningful study of the policies

22 and procedures described in subsection (a), including the

23 Office of Management and Budget Circular A–76 process.

24 To the extent consistent with applicable laws and regula-
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1 tions, the head of such department or agency shall furnish

2 the requested information to the panel.

3 (f) REPORT.—Not later than May 1, 2002, the

4 Comptroller General shall submit the report of the panel

5 on the results of the study to Congress, including rec6 ommended changes with respect to implementation of poli7 cies and enactment of legislation.

8 (g) DEFINITION.—In this section, the term ‘‘Federal

9 labor organization’’ has the meaning given the term ‘‘labor

10 organization’’ in section 7103(a)(4) of title 5, United

11 States Code.

12 SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT

13 BUNDLING IN MILITARY CONSTRUCTION

14 CONTRACTS.

15 (a) STUDY REQUIRED.—The Comptroller General of

16 the United States shall conduct a study regarding the use

17 of the practice known as ‘‘contract bundling’’ with respect

18 to military construction contracts.

19 (b) REPORT.—Not later than February 1, 2001, the

20 Comptroller General shall submit to the committees on

21 Armed Services of the Senate and the House of Represent22 atives a report on the results of the study conducted under

23 subsection (a).
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1 SEC. 834. REQUIREMENT TO CONDUCT STUDY ON CON2 TRACT BUNDLING.

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

4 conduct a comprehensive study on the practice known as

5 ‘‘contract bundling’’ by the Department of Defense, and

6 the effects of such practice on small business concerns,

7 small business concerns owned and controlled by socially

8 and economically disadvantaged individuals, small busi9 ness concerns owned and controlled by women, and his10 torically underutilized business zones (as such terms are

11 used in the Small Business Act (15 U.S.C. 631 et seq.)).

12 (b) DEADLINE.—The Secretary shall submit the re13 sults of the study to the Committees on Armed Services

14 and Small Business of the Senate and the House of Rep15 resentatives before submission of the budget request of the

16 Department of Defense for fiscal year 2002.

17 TITLE IX—DEPARTMENT OF DE18 FENSE ORGANIZATION AND

19 MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense

Officers

Sec. 901. Overall supervision of Department of Defense activities for combating

terrorism.

Sec. 902. Change of title of certain positions in the Headquarters, Marine

Corps.

Sec. 903. Clarification of scope of Inspector General authorities under military

whistleblower law.

Sec. 904. Policy to ensure conduct of science and technology programs so as

to foster the transition of science and technology to higher levels of research, development, test, and evaluation.

Sec. 905. Additional components of Chairman of the Joint Chiefs of staff annual report on combatant command requirements.
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Subtitle B—Department of Defense Organizations

Sec. 911. Western Hemisphere Institute for Security Cooperation.

Sec. 912. Department of Defense regional centers for security studies.

Sec. 913. Change in name of Armed Forces Staff College to Joint Forces Staff

College.

Sec. 914. Special authority for administration of Navy Fisher Houses.

Sec. 915. Supervisory control of Armed Forces Retirement Home board by Secretary of Defense.

Sec. 916. Semiannual report on Joint Requirements Oversight Council reform

initiative.

Sec. 917. Comptroller General review of operations of Defense Logistics Agency.

Sec. 918. Comptroller General review of operations of Defense Information Systems Agency.

Subtitle C—Information Security

Sec. 921. Institute for Defense Computer Security and Information Protection.

Sec. 922. Information security scholarship program.

Subtitle D—Reports

Sec. 931. Date of submittal of reports on shortfalls in equipment procurement

and military construction for the reserve components in futureyears defense programs.

Sec. 932. Report on number of personnel assigned to legislative liaison functions.

Sec. 933. Joint report on establishment of national collaborative information

analysis capability.

Sec. 934. Network centric warfare.

Sec. 935. Report on Air Force Institute of Technology.

Subtitle E—Other Matters

Sec. 941. Flexibility in implementation of limitation on major Department of

Defense headquarters activities personnel.

Sec. 942. Consolidation of certain Navy gift funds.

Sec. 943. Temporary authority to dispose of a gift previously accepted for the

Naval Academy.
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1 Subtitle A—Duties and Functions

2 of Department of Defense Officers

3 SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DE4 FENSE ACTIVITIES FOR COMBATING TER5 RORISM.

6 Section 138(b) of title 10, United States Code, is

7 amended by adding at the end the following new para8 graph:

9 ‘‘(6)(A) One of the Assistant Secretaries, as des10 ignated by the Secretary of Defense from among those As11 sistant Secretaries with responsibilities that include re12 sponsibilities related to combating terrorism, shall

13 have, among that Assistant Secretary’s duties, the duty

14 to provide overall direction and supervision for policy, pro15 gram planning and execution, and allocation and use of

16 resources for the activities of the Department of Defense

17 for combating terrorism, including antiterrorism activities,

18 counterterrorism activities, terrorism consequences man19 agement activities, and terrorism-related intelligence sup20 port activities.

21 ‘‘(B) The Assistant Secretary designated under sub22 paragraph (A) shall be the principal civilian adviser to the

23 Secretary of Defense on combating terrorism and (after

24 the Secretary and Deputy Secretary) shall be the principal
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1 official within the senior management of the Department

2 of Defense responsible for combating terrorism.

3 ‘‘(C) If the Secretary of Defense designates under

4 subparagraph (A) an Assistant Secretary other than the

5 Assistant Secretary of Defense for Special Operations and

6 Low Intensity Conflict, then the responsibilities of the As7 sistant Secretary of Defense for Special Operations and

8 Low Intensity Conflict related to combating terrorism

9 shall be exercised subject to subparagraph (B).’’.

10 SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN

11 THE HEADQUARTERS, MARINE CORPS.

12 (a) INSTITUTION OF POSITIONS AS DEPUTY COM13 MANDANTS.—Section 5041(b) of title 10, United States

14 Code, is amended—

15 (1) by striking paragraphs (3) through (5) and

16 inserting the following:

17 ‘‘(3) The Deputy Commandants.’’; and

18 (2) by redesignating paragraphs (6) and (7) as

19 paragraphs (4) and (5), respectively.

20 (b) DESIGNATION OF DEPUTY COMMANDANTS.—(1)

21 Section 5045 of such title is amended to read as follows:

22 ‘‘§ 5045. Deputy Commandants

23 ‘‘There are in the Headquarters, Marine Corps, not

24 more than five Deputy Commandants, detailed by the Sec-
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1 retary of the Navy from officers on the active-duty list

2 of the Marine Corps.’’.

3 (2) The item relating to section 5045 in the table of

4 sections at the beginning of chapter 506 of such title is

5 amended to read as follows:

‘‘5045. Deputy Commandants.’’.

6 (c) CONFORMING AMENDMENT.—Section 1502(7)(D)

7 of the Armed Forces Retirement Home Act of 1991 (24

8 U.S.C. 401) is amended to read as follows:

9 ‘‘(D) the Deputy Commandant of the Ma10 rine Corps with responsibility for personnel

11 matters.’’.

12 SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GEN13 ERAL AUTHORITIES UNDER MILITARY WHIS14 TLEBLOWER LAW.

15 (a) CLARIFICATION OF RESPONSIBILITIES.—Sub16 section (c)(3)(A) of section 1034 of title 10, United States

17 Code, is amended by inserting ‘‘, in accordance with regu18 lations prescribed under subsection (h),’’ after ‘‘shall expe19 ditiously determine’’.

20 (b) REDEFINITION OF INSPECTOR GENERAL.—Sub21 section (i)(2) of such section is amended—

22 (1) by inserting ‘‘any of’’ in the matter pre23 ceding subparagraph (A) after ‘‘means’’;

24 (2) by striking subparagraphs (C), (D), (E),

25 (F) and (G); and
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1 (3) by inserting after subparagraph (B) the fol2 lowing new subparagraph (C):

3 ‘‘(C) Any officer of the armed forces or

4 employee of the Department of Defense who is

5 assigned or detailed to serve as an Inspector

6 General at any level in the Department of De7 fense.’’.

8 SEC. 904. POLICY TO ENSURE CONDUCT OF SCIENCE AND

9 TECHNOLOGY PROGRAMS SO AS TO FOSTER

10 THE TRANSITION OF SCIENCE AND TECH11 NOLOGY TO HIGHER LEVELS OF RESEARCH,

12 DEVELOPMENT, TEST, AND EVALUATION.

13 (a) IN GENERAL.—(1) Chapter 139 of title 10,

14 United States Code, is amended by inserting after section

15 2358 the following new section:

16 ‘‘§ 2359. Science and technology programs to be con17 ducted so as to foster the transition of

18 science and technology to higher levels of

19 research, development, test, and evalua20 tion

21 ‘‘(a) POLICY.—Each official specified in subsection

22 (b) shall ensure that the management and conduct of the

23 science and technology programs under the authority of

24 that official are carried out in a manner that will foster
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1 the transition of science and technology to higher levels

2 of research, development, test, and evaluation.

3 ‘‘(b) COVERED OFFICIALS.—Subsection (a) applies to

4 the following officials of the Department of Defense:

5 ‘‘(1) The Under Secretary of Defense for Ac6 quisition, Technology, and Logistics.

7 ‘‘(2) The Secretary of each military depart8 ment.

9 ‘‘(3) The Director of the Defense Advanced Re10 search Projects Agency.

11 ‘‘(4) The directors and heads of other offices

12 and agencies of the Department of Defense with as13 signed research, development, test, and evaluation

14 responsibilities.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by inserting after the item relating

17 to section 2358 the following new item:

‘‘2359. Science and technology programs to be conducted so as to foster the

transition of science and technology to higher levels of research, development, test, and evaluation.’’.

18 (b) OFFICE OF NAVAL RESEARCH.—Section 5022(b)

19 of title 10, United States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (2);

22 (2) by striking the period at the end of para23 graph (3) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(4) the execution of, and management respon4 sibility for, programs for which funds are provided

5 in the basic and applied research and advanced tech6 nology categories of the Department of the Navy re7 search, development, test, and evaluation budget in

8 such a manner that will foster the transition of

9 science and technology to higher levels of research,

10 development, test and evaluation.’’.

11 SEC. 905. ADDITIONAL COMPONENTS OF CHAIRMAN OF

12 THE JOINT CHIEFS OF STAFF ANNUAL RE13 PORT ON COMBATANT COMMAND REQUIRE14 MENTS.

15 (a) ADDITIONAL COMPONENTS.—Section 153(d)(1)

16 of title 10, United States Code, is amended by adding at

17 the end the following new subparagraphs:

18 ‘‘(C) A description of the extent to which the

19 most recent future-years defense program (under

20 section 221 of this title) addresses the requirements

21 on the consolidated lists.

22 ‘‘(D) A description of the funding proposed in

23 the President’s budget for the next fiscal year, and

24 for the subsequent fiscal years covered by the most

25 recent future-years defense program, to address each
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1 deficiency in readiness identified during the joint

2 readiness review conducted under section 117 of this

3 title for the first quarter of the current fiscal year.’’.

4 (b) TIME FOR SUBMISSION.—Such section is further

5 amended by striking ‘‘Not later than August 15 of each

6 year,’’ and inserting ‘‘At or about the time that the budget

7 is submitted to Congress for a fiscal year under section

8 1105(a) of title 31,’’.

9 Subtitle B—Department of Defense

10 Organizations

11 SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECU12 RITY COOPERATION.

13 (a) IN GENERAL.—Chapter 108 of title 10, United

14 States Code, is amended by adding at the end the fol15 lowing new section:

16 ‘‘§ 2166. Western Hemisphere Institute for Security

17 Cooperation

18 ‘‘(a) ESTABLISHMENT AND ADMINISTRATION.—(1)

19 The Secretary of Defense may operate an education and

20 training facility for the purpose set forth in subsection (b).

21 The facility shall be known as the ‘Western Hemisphere

22 Institute for Security Cooperation’.

23 ‘‘(2) The Secretary may designate the Secretary of

24 a military department as the Department of Defense exec-
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1 utive agent for carrying out the responsibilities of the Sec2 retary of Defense under this section.

3 ‘‘(b) PURPOSE.—The purpose of the Institute is to

4 provide professional education and training to eligible per5 sonnel of nations of the Western Hemisphere within the

6 context of the democratic principles set forth in the Char7 ter of the Organization of American States (such charter

8 being a treaty to which the United States is a party), while

9 fostering mutual knowledge, transparency, confidence, and

10 cooperation among the participating nations and pro11 moting democratic values, respect for human rights, and

12 knowledge and understanding of United States customs

13 and traditions.

14 ‘‘(c) ELIGIBLE PERSONNEL.—(1) Subject to para15 graph (2), personnel of nations of the Western Hemi16 sphere are eligible for education and training at the Insti17 tute as follows:

18 ‘‘(A) Military personnel.

19 ‘‘(B) Law enforcement personnel.

20 ‘‘(C) Civilian personnel.

21 ‘‘(2) The Secretary of State shall be consulted in the

22 selection of foreign personnel for education or training at

23 the Institute.

24 ‘‘(d) CURRICULUM.—(1) The curriculum of the Insti25 tute shall include mandatory instruction for each student,
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1 for at least 8 hours, on human rights, the rule of law,

2 due process, civilian control of the military, and the role

3 of the military in a democratic society.

4 ‘‘(2) The curriculum may include instruction and

5 other educational and training activities on the following:

6 ‘‘(A) Leadership development.

7 ‘‘(B) Counterdrug operations.

8 ‘‘(C) Peace support operations.

9 ‘‘(D) Disaster relief.

10 ‘‘(E) Any other matter that the Secretary de11 termines appropriate.

12 ‘‘(e) BOARD OF VISITORS.—(1) There shall be a

13 Board of Visitors for the Institute. The Board shall be

14 composed of the following:

15 ‘‘(A) The chairman and ranking minority mem16 ber of the Committee on Armed Services of the Sen17 ate, or a designee of either of them.

18 ‘‘(B) The chairman and ranking minority mem19 ber of the Committee on Armed Services of the

20 House of Representatives, or a designee of either of

21 them.

22 ‘‘(C) Six persons designated by the Secretary of

23 Defense including, to the extent practicable, persons

24 from academia and the religious and human rights

25 communities.
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1 ‘‘(D) One person designated by the Secretary of

2 State.

3 ‘‘(E) The senior military officer responsible for

4 training and doctrine for the Army or, if the Sec5 retary of the Navy or the Secretary of the Air Force

6 is designated as the executive agent of the Secretary

7 of Defense under subsection (a)(2), the senior mili8 tary officer responsible for training and doctrine for

9 the Navy or Marine Corps or for the Air Force, re10 spectively, or a designee of the senior military officer

11 concerned.

12 ‘‘(F) The commander of the unified combatant

13 command having geographic responsibility for Latin

14 America, or a designee of that officer.

15 ‘‘(2) A vacancy in a position on the Board shall be

16 filled in the same manner as the position was originally

17 filled.

18 ‘‘(3) The Board shall meet at least once each year.

19 ‘‘(4)(A) The Board shall inquire into the curriculum,

20 instruction, physical equipment, fiscal affairs, and aca21 demic methods of the Institute, other matters relating to

22 the Institute that the Board decides to consider, and any

23 other matter that the Secretary of Defense determines ap24 propriate.
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1 ‘‘(B) The Board shall review the curriculum of the

2 Institute to determine whether—

3 ‘‘(i) the curriculum complies with applicable

4 United States laws and regulations;

5 ‘‘(ii) the curriculum is consistent with United

6 States policy goals toward Latin America and the

7 Caribbean;

8 ‘‘(iii) the curriculum adheres to current United

9 States doctrine; and

10 ‘‘(iv) the instruction under the curriculum ap11 propriately emphasizes the matters specified in sub12 section (d)(1).

13 ‘‘(5) Not later than 60 days after its annual meeting,

14 the Board shall submit to the Secretary of Defense a writ15 ten report of its activities and of its views and rec16 ommendations pertaining to the Institute.

17 ‘‘(6) Members of the Board shall not be compensated

18 by reason of service on the Board.

19 ‘‘(7) With the approval of the Secretary of Defense,

20 the Board may accept and use the services of voluntary

21 and uncompensated advisers appropriate to the duties of

22 the Board without regard to section 1342 of title 31.

23 ‘‘(8) Members of the Board and advisers whose serv24 ices are accepted under paragraph (7) shall be allowed

25 travel and transportation expenses, including per diem in
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1 lieu of subsistence, while away from their homes or regular

2 places of business in the performance of services for the

3 Board. Allowances under this paragraph shall be

4 computed—

5 ‘‘(A) in the case of members of the Board who

6 are officers or employees of the United States, at

7 rates authorized for employees of agencies under

8 subchapter I of chapter 57 of title 5; and

9 ‘‘(B) in the case of other members of the Board

10 and advisers, as authorized under section 5703 of

11 title 5 for employees serving without pay.

12 ‘‘(9) The Federal Advisory Committee Act (5 U.S.C.

13 App. 2), other than section 14 (relating to termination

14 after two years), shall apply to the Board.

15 ‘‘(f) FIXED COSTS.—The fixed costs of operating and

16 maintaining the Institute for a fiscal year may be paid

17 from—

18 ‘‘(1) any funds available for that fiscal year for

19 operation and maintenance for the executive agent

20 designated under subsection (a)(2); or

21 ‘‘(2) if no executive agent is designated under

22 subsection (a)(2), any funds available for that fiscal

23 year for the Department of Defense for operation

24 and maintenance for Defense-wide activities.
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1 ‘‘(g) TUITION.—Tuition fees charged for persons who

2 attend the Institute may not include the fixed costs of op3 erating and maintaining the Institute.

4 ‘‘(h) ANNUAL REPORT.—Not later than March 15 of

5 each year, the Secretary of Defense shall submit to Con6 gress a detailed report on the activities of the Institute

7 during the preceding year. The report shall be prepared

8 in consultation with the Secretary of State.’’.

9 (b) REPEAL OF AUTHORITY FOR UNITED STATES

10 ARMY SCHOOL OF THE AMERICAS.—Section 4415 of title

11 10, United States Code, is repealed.

12 (c) CLERICAL AMENDMENTS.—(1) The table of sec13 tions at the beginning of chapter 108 of title 10, United

14 States Code, is amended by inserting after the item relat15 ing to section 2165 the following new item:

‘‘2166. Western Hemisphere Institute for Security Cooperation.’’.

16 (2) The table of sections at the beginning of chapter

17 407 of such title is amended by striking the item relating

18 to section 4415.

19 SEC. 912. DEPARTMENT OF DEFENSE REGIONAL CENTERS

20 FOR SECURITY STUDIES.

21 (a) REQUIREMENT FOR ANNUAL REPORT.—(1)

22 Chapter 7 of title 10, United States Code, is amended by

23 adding at the end the following new section:
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1 ‘‘§ 184. Department of Defense regional centers for se2 curity studies

3 ‘‘(a) ADVANCE NOTIFICATION TO CONGRESS OF THE

4 ESTABLISHMENT OF NEW REGIONAL CENTERS.—After

5 the date of the enactment of this section, a regional center

6 for security studies may not be established in the Depart7 ment of Defense until—

8 ‘‘(1) the Secretary of Defense submits to Con9 gress a notification of the intent of the Secretary to

10 establish the center, including a description of the

11 mission and functions of the proposed center and a

12 justification for the proposed center; and

13 ‘‘(2) a period of 90 days has elapsed after the

14 date on which that notification is submitted.

15 ‘‘(b) REQUIREMENT FOR ANNUAL REPORT.—Not

16 later than February 1 of each year, the Secretary of De17 fense shall submit to the Committee on Armed Services

18 of the Senate and the Committee on Armed Services of

19 the House of Representatives a report on the operation

20 of the Department of Defense regional centers for security

21 studies during the preceding fiscal year. The annual report

22 shall include, for each regional center, the following infor23 mation:

24 ‘‘(1) The status and objectives of the center.

25 ‘‘(2) The budget of the center, including the

26 costs of operating the center.
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1 ‘‘(3) A description of the extent of the inter2 national participation in the programs of the center,

3 including the costs incurred by the United States for

4 the participation of each foreign nation.

5 ‘‘(4) A description of the foreign gifts and do6 nations, if any, accepted under any of the following

7 provisions of law:

8 ‘‘(A) Section 2611 of this title.

9 ‘‘(B) Section 1306 of the National Defense

10 Authorization Act for Fiscal Year 1995 (Public

11 Law 103–337; 108 Stat. 2892).

12 ‘‘(C) Section 1065 of the National Defense

13 Authorization Act for Fiscal Year 1997 (Public

14 Law 104–201; 110 Stat. 2653; 10 U.S.C. 113

15 note).

16 ‘‘(c) REGIONAL CENTER FOR SECURITY STUDIES

17 DEFINED.—For the purposes of this section, a regional

18 center for security studies is any center within the Depart19 ment of Defense that—

20 ‘‘(1) is operated, and designated as such, by the

21 Secretary of Defense for the study of security issues

22 relating to a specified geographic region of the

23 world; and
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1 ‘‘(2) serves as a forum for bilateral and multi2 lateral communication and military and civilian ex3 changes with nations in that region.’’.

4 (2) The table of sections at the beginning of chapter

5 7 of such title is amended by adding at the end the fol6 lowing new item:

‘‘184. Department of Defense regional centers for security studies.’’.

7 (b) FIRST ANNUAL REPORT.—In the first annual re8 port on Department of Defense regional centers for secu9 rity studies under section 184(b) of title 10, United States

10 Code (as added by subsection (a)), to be submitted not

11 later than February 1, 2001, the Secretary of Defense

12 shall include any recommendation for legislation that the

13 Secretary considers appropriate for the operation of De14 partment of Defense regional centers for security studies,

15 together with a detailed justification for the recommended

16 legislation.

17 SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COL18 LEGE TO JOINT FORCES STAFF COLLEGE.

19 (a) CHANGE IN NAME.—The Armed Forces Staff

20 College of the Department of Defense is hereby renamed

21 the ‘‘Joint Forces Staff College’’.

22 (b) CONFORMING AMENDMENT.—Section 2165(b)(3)

23 of title 10, United States Code, is amended by striking

24 ‘‘Armed Forces Staff College’’ and inserting ‘‘Joint Forces

25 Staff College’’.
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1 (c) REFERENCES.—Any reference to the Armed

2 Forces Staff College in any law, regulation, map, docu3 ment, record, or other paper of the United States shall

4 be considered to be a reference to the Joint Forces Staff

5 College.

6 SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF

7 NAVY FISHER HOUSES.

8 (a) BASE OPERATING SUPPORT.—Section 2493 of

9 title 10, United States Code, is amended—

10 (1) by redesignating subsection (f) as sub11 section (g); and

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f):

14 ‘‘(f) SPECIAL AUTHORITY FOR NAVY.—The Sec15 retary of the Navy shall provide base operating support

16 for Fisher Houses associated with health care facilities of

17 the Navy. The level of the support shall be equivalent to

18 the base operating support that the Secretary provides for

19 morale, welfare, and recreation category B community ac20 tivities (as defined in regulations, prescribed by the Sec21 retary, that govern morale, welfare, and recreation activi22 ties associated with Navy installations).’’.

23 (b) SAVINGS PROVISIONS FOR CERTAIN NAVY EM24 PLOYEES.—(1) The Secretary of the Navy may continue

25 to employ, and pay out of appropriated funds, any em-
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1 ployee of the Navy in the competitive service who, as of

2 October 17, 1998, was employed by the Navy in a position

3 at a Fisher House administered by the Navy, but only for

4 so long as the employee is continuously employed in that

5 position.

6 (2) After a person vacates a position in which the

7 person was continued to be employed under the authority

8 of paragraph (1), a person employed in that position shall

9 be employed as an employee of a nonappropriated fund

10 instrumentality of the United States and may not be paid

11 for services in that position out of appropriated funds.

12 (3) In this subsection:

13 (A) The term ‘‘Fisher House’’ has the meaning

14 given the term in section 2493(a)(1) of title 10,

15 United States Code.

16 (B) The term ‘‘competitive service’’ has the

17 meaning given the term in section 2102 of title 5,

18 United States Code.

19 (c) EFFECTIVE DATE.—(1) The amendments made

20 by subsection (a) shall be effective as of October 17, 1998,

21 as if included in section 2493 of title 10, United States

22 Code, as enacted by section 906(a) of Public Law 105–

23 261.
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1 (2) Subsection (b) applies with respect to the pay pe2 riod that includes October 17, 1998, and subsequent pay

3 periods.

4 SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RE5 TIREMENT HOME BOARD BY SECRETARY OF

6 DEFENSE.

7 The Armed Forces Retirement Home Act of 1991

8 (title XV of Public Law 101–510; 24 U.S.C. 401 et seq.)

9 is amended by inserting after section 1523 the following

10 new section:

11 ‘‘SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RE12 TIREMENT HOME BOARD BY SECRETARY OF

13 DEFENSE.

14 ‘‘(a) APPLICABILITY.—This section shall apply only

15 when the deduction authorized by section 1007(i)(1) of

16 title 37, United States Code, to be made from the monthly

17 pay of certain members of the armed forces is equal to

18 $1.00 for each enlisted member, warrant officer, and lim19 ited duty officer of the armed forces on active duty.

20 ‘‘(b) BOARD AUTHORITY SUBJECT TO SECRETARY’S

21 CONTROL.—The Retirement Home Board shall be subject

22 to the authority, direction, and control of the Secretary

23 of Defense in the performance of the Board’s duties under

24 section 1516.
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1 ‘‘(c) APPOINTMENT OF BOARD MEMBERS.—When an

2 appointment of a member of the Retirement Home Board

3 under section 1515 is not made by the Secretary of De4 fense, the appointment shall be subject to the approval of

5 the Secretary of Defense.

6 ‘‘(d) TERMS OF BOARD MEMBERS.—(1) Notwith7 standing section 1515(e)(3), only the Secretary of Defense

8 may appoint a member of the Retirement Home Board

9 for a second consecutive term.

10 ‘‘(2) The Secretary of Defense may terminate the ap11 pointment of a member of the Retirement Home Board

12 at the pleasure of the Secretary.

13 ‘‘(e) RESPONSIBILITY OF CHAIRMAN TO THE SEC14 RETARY.—Notwithstanding section 1515(d)(1)(B), the

15 chairman of the Retirement Home Board shall be respon16 sible to the Secretary of Defense, but not to the Secre17 taries of the military departments, for direction and man18 agement of the Retirement Home or each facility main19 tained as a separate facility of the Retirement Home.’’.

20 SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS

21 OVERSIGHT COUNCIL REFORM INITIATIVE.

22 (a) SEMIANNUAL REPORT.—The Chairman of the

23 Joints Chiefs of Staff shall submit to the Committee on

24 Armed Services of the Senate and the Committee on

25 Armed Services of the House of Representatives a series
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1 of five semiannual reports, as prescribed by subsection (b),

2 on the activities of the Joint Requirements Oversight

3 Council. The principal focus of each such report shall be

4 on the progress made on the initiative of the Chairman

5 to reform and refocus the Joint Requirements Oversight

6 Council.

7 (b) SUBMISSION OF REPORTS.—Reports under this

8 section shall be submitted not later than March 1, 2001,

9 September 1, 2001, March 1, 2002, September 1, 2002,

10 and March 1, 2003. Each report shall cover the half of

11 a fiscal year that ends five months before the date on

12 which the report is due.

13 (c) CONTENT.—In the case of any report under this

14 section after the first such report, if any matter to be in15 cluded is unchanged from the preceding report, that mat16 ter may be included by reference to the preceding report.

17 Each such report shall include, to the extent practicable,

18 the following:

19 (1) A listing of each of the capability areas des20 ignated by the Chairman of the Joints Chiefs of

21 Staff as being within the principal domain of the

22 Joint Requirements Oversight Council and a jus23 tification for each such designation.
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1 (2) A listing of the joint requirements devel2 oped, considered, or approved within each of the ca3 pability areas listed pursuant to paragraph (1).

4 (3) A listing and explanation of the decisions

5 made by the Joint Requirements Oversight Council

6 and, to the extent appropriate, a listing of each of

7 the recommendations to the Council made by the

8 commander of the United States Joint Forces Com9 mand.

10 (4) An assessment of—

11 (A) the progress made in shifting the Joint

12 Requirements Oversight Council to having a

13 more strategic focus on future war fighting re14 quirements;

15 (B) the progress made on integration of

16 requirements; and

17 (C) the progress made on development of

18 overarching common architectures for defense

19 information systems to ensure that common de20 fense information systems are fully interoper21 able.

22 (5) A description of any actions that have been

23 taken to improve the Joint Requirements Oversight

24 Council.
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1 SEC. 917. COMPTROLLER GENERAL REVIEW OF OPER2 ATIONS OF DEFENSE LOGISTICS AGENCY.

3 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

4 The Comptroller General shall review the operations of the

5 Defense Logistics Agency—

6 (1) to assess—

7 (A) the efficiency of those operations;

8 (B) the effectiveness of those operations in

9 meeting customer requirements; and

10 (C) the flexibility of those operation to

11 adopt best business practices; and

12 (2) to identify alternative approaches for im13 proving the operations of that agency.

14 (b) REPORT.—Not later than February 1, 2002, the

15 Comptroller General shall submit to the Committees on

16 Armed Services of the Senate and the House of Represent17 atives one or more reports setting forth the Comptroller

18 General’s findings resulting from the review under sub19 section (a).

20 SEC. 918. COMPTROLLER GENERAL REVIEW OF OPER21 ATIONS OF DEFENSE INFORMATION SYSTEMS

22 AGENCY.

23 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

24 The Comptroller General shall review the operations of the

25 Defense Information Systems Agency—

26 (1) to assess—
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1 (A) the efficiency of those operations;

2 (B) the effectiveness of those operations in

3 meeting customer requirements; and

4 (C) the flexibility of those operations to

5 adopt best business practices; and

6 (2) to identify alternative approaches for im7 proving the operations of that agency.

8 (b) REPORT.—Not later than February 1, 2002, the

9 Comptroller General shall submit to the Committees on

10 Armed Services of the Senate and the House of Represent11 atives one or more reports setting forth the Comptroller

12 General’s findings resulting from the review under sub13 section (a).

14 Subtitle C—Information Security

15 SEC. 921. INSTITUTE FOR DEFENSE COMPUTER SECURITY

16 AND INFORMATION PROTECTION.

17 (a) ESTABLISHMENT.—The Secretary of Defense

18 shall establish an Institute for Defense Computer Security

19 and Information Protection.

20 (b) MISSION.—The Secretary shall require the

21 institute—

22 (1) to conduct research and technology develop23 ment that is relevant to foreseeable computer and

24 network security requirements and information as25 surance requirements of the Department of Defense
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1 with a principal focus on areas not being carried out

2 by other organizations in the private or public sec3 tor; and

4 (2) to facilitate the exchange of information re5 garding cyberthreats, technology, tools, and other

6 relevant issues.

7 (c) CONTRACTOR OPERATION.—The Secretary shall

8 enter into a contract with a not-for-profit entity, or a con9 sortium of not-for-profit entities, to organize and operate

10 the institute. The Secretary shall use competitive proce11 dures for the selection of the contractor to the extent de12 termined necessary by the Secretary.

13 (d) FUNDING.—Of the amount authorized to be ap14 propriated by section 301(5), $5,000,000 shall be avail15 able for the Institute for Defense Computer Security and

16 Information Protection.

17 (e) REPORT.—Not later than April 1, 2001, the Sec18 retary shall submit to the congressional defense commit19 tees the Secretary’s plan for implementing this section.

20 SEC. 922. INFORMATION SECURITY SCHOLARSHIP PRO21 GRAM.

22 (a) ESTABLISHMENT OF PROGRAM.—(1) Part III of

23 subtitle A of title 10, United States Code, is amended by

24 adding at the end the following new chapter:
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1 ‘‘CHAPTER 112—INFORMATION SECURITY

2 SCHOLARSHIP PROGRAM

‘‘Sec.

‘‘2200. Programs; purpose.

‘‘2200a. Scholarship program.

‘‘2200b. Grant program.

‘‘2200c. Centers of Academic Excellence in Information Assurance Education.

‘‘2200d. Regulations.

‘‘2200e. Definitions.

‘‘2200f. Inapplicability to Coast Guard.

3 ‘‘§ 2200. Programs; purpose

4 ‘‘(a) IN GENERAL.—To encourage the recruitment

5 and retention of Department of Defense personnel who

6 have the computer and network security skills necessary

7 to meet Department of Defense information assurance re8 quirements, the Secretary of Defense may carry out pro9 grams in accordance with this chapter to provide financial

10 support for education in disciplines relevant to those re11 quirements at institutions of higher education.

12 ‘‘(b) TYPES OF PROGRAMS.—The programs author13 ized under this chapter are as follows:

14 ‘‘(1) Scholarships for pursuit of programs of

15 education in information assurance at institutions of

16 higher education.

17 ‘‘(2) Grants to institutions of higher education.

18 ‘‘§ 2200a. Scholarship program

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may,

20 subject to subsection (g), provide financial assistance in

21 accordance with this section to a person—
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1 ‘‘(1) who is pursuing an associate, bacca2 laureate, or advanced degree, or a certification, in an

3 information assurance discipline referred to in sec4 tion 2200(a) of this title at an institution of higher

5 education; and

6 ‘‘(2) who enters into an agreement with the

7 Secretary as described in subsection (b).

8 ‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP RE9 CIPIENTS.—(1) To receive financial assistance under this

10 section—

11 ‘‘(A) a member of the armed forces shall enter

12 into an agreement to serve on active duty in the

13 member’s armed force for the period of obligated

14 service determined under paragraph (2);

15 ‘‘(B) an employee of the Department of De16 fense shall enter into an agreement to continue in

17 the employment of the department for the period of

18 obligated service determined under paragraph (2);

19 and

20 ‘‘(C) a person not referred to in subparagraph

21 (A) or (B) shall enter into an agreement—

22 ‘‘(i) to enlist or accept a commission in one

23 of the armed forces and to serve on active duty

24 in that armed force for the period of obligated

25 service determined under paragraph (2); or
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1 ‘‘(ii) to accept and continue employment in

2 the Department of Defense for the period of ob3 ligated service determined under paragraph (2).

4 ‘‘(2) For the purposes of this subsection, the period

5 of obligated service for a recipient of financial assistance

6 under this section shall be the period determined by the

7 Secretary of Defense as being appropriate to obtain ade8 quate service in exchange for the financial assistance and

9 otherwise to achieve the goals set forth in section 2200(a)

10 of this title. In no event may the period of service required

11 of a recipient be less than the period equal to three-fourths

12 of the total period of pursuit of a degree for which the

13 Secretary agrees to provide the recipient with financial as14 sistance under this section. The period of obligated service

15 is in addition to any other period for which the recipient

16 is obligated to serve on active duty or in the civil service,

17 as the case may be.

18 ‘‘(3) An agreement entered into under this section by

19 a person pursuing an academic degree shall include terms

20 that provide the following:

21 ‘‘(A) That the period of obligated service begins

22 on a date after the award of the degree that is de23 termined under the regulations prescribed under sec24 tion 2200d of this title.
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1 ‘‘(B) That the person will maintain satisfactory

2 academic progress, as determined in accordance with

3 those regulations, and that failure to maintain such

4 progress constitutes grounds for termination of the

5 financial assistance for the person under this sec6 tion.

7 ‘‘(C) Any other terms and conditions that the

8 Secretary of Defense determines appropriate for car9 rying out this section.

10 ‘‘(c) AMOUNT OF ASSISTANCE.—The amount of the

11 financial assistance provided for a person under this sec12 tion shall be the amount determined by the Secretary of

13 Defense as being necessary to pay all educational expenses

14 incurred by that person, including tuition, fees, cost of

15 books, laboratory expenses, and expenses of room and

16 board. The expenses paid, however, shall be limited to

17 those educational expenses normally incurred by students

18 at the institution of higher education involved.

19 ‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF INTERN20 SHIPS.—The financial assistance for a person under this

21 section may also be provided to support internship activi22 ties of the person at the Department of Defense in periods

23 between the academic years leading to the degree for

24 which assistance is provided the person under this section.
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1 ‘‘(e) REFUND FOR PERIOD OF UNSERVED OBLI2 GATED SERVICE.—(1) A person who voluntarily termi3 nates service before the end of the period of obligated serv4 ice required under an agreement entered into under sub5 section (b) shall refund to the United States an amount

6 determined by the Secretary of Defense as being appro7 priate to obtain adequate service in exchange for financial

8 assistance and otherwise to achieve the goals set forth in

9 section 2200(a) of this title.

10 ‘‘(2) An obligation to reimburse the United States

11 imposed under paragraph (1) is for all purposes a debt

12 owed to the United States.

13 ‘‘(3) The Secretary of Defense may waive, in whole

14 or in part, a refund required under paragraph (1) if the

15 Secretary determines that recovery would be against eq16 uity and good conscience or would be contrary to the best

17 interests of the United States.

18 ‘‘(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—A

19 discharge in bankruptcy under title 11 that is entered less

20 than five years after the termination of an agreement

21 under this section does not discharge the person signing

22 such agreement from a debt arising under such agreement

23 or under subsection (e).

24 ‘‘(g) ALLOCATION OF FUNDING.—Not less than 50

25 percent of the amount available for financial assistance
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1 under this section for a fiscal year shall be available only

2 for providing financial assistance for the pursuit of de3 grees referred to in subsection (a) at institutions of higher

4 education that have established, improved, or are admin5 istering programs of education in information assurance

6 under the grant program established in section 2200b of

7 this title, as determined by the Secretary of Defense.

8 ‘‘§ 2200b. Grant program

9 ‘‘(a) AUTHORITY.—The Secretary of Defense may

10 provide grants of financial assistance to institutions of

11 higher education to support the establishment, improve12 ment, or administration of programs of education in infor13 mation assurance disciplines referred to in section 2200(a)

14 of this title.

15 ‘‘(b) PURPOSES.—The proceeds of grants under this

16 section may be used by an institution of higher education

17 for the following purposes:

18 ‘‘(1) Faculty development.

19 ‘‘(2) Curriculum development.

20 ‘‘(3) Laboratory improvements.

21 ‘‘(4) Faculty research in information security.
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1 ‘‘§ 2200c. Centers of Academic Excellence in Informa2 tion Assurance Education

3 ‘‘In the selection of a recipient for the award of a

4 scholarship or grant under this chapter, consideration

5 shall be given to whether—

6 ‘‘(1) in the case of a scholarship, the institution

7 at which the recipient pursues a degree is a Center

8 of Academic Excellence in Information Assurance

9 Education; and

10 ‘‘(2) in the case of a grant, the recipient is a

11 Center of Academic Excellence in Information As12 surance Education.

13 ‘‘§ 2200d. Regulations

14 ‘‘The Secretary of Defense shall prescribe regulations

15 for the administration of this chapter.

16 ‘‘§ 2200e. Definitions

17 ‘‘In this chapter:

18 ‘‘(1) The term ‘information assurance’ includes

19 the following:

20 ‘‘(A) Computer security.

21 ‘‘(B) Network security.

22 ‘‘(C) Any other information technology

23 that the Secretary of Defense considers related

24 to information assurance.
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1 ‘‘(2) The term ‘institution of higher education’

2 has the meaning given the term in section 101 of the

3 Higher Education Act of 1965 (20 U.S.C. 1001).

4 ‘‘(3) The term ‘Center of Academic Excellence

5 in Information Assurance Education’ means an in6 stitution of higher education that is designated by

7 the Director of the National Security Agency as a

8 Center of Academic Excellence in Information As9 surance Education.

10 ‘‘§ 2200f. Inapplicability to Coast Guard

11 ‘‘This chapter does not apply to the Coast Guard

12 when it is not operating as a service in the Navy.’’.

13 (2) The tables of chapters at the beginning of subtitle

14 A of title 10, United States Code, and the beginning of

15 part III of such subtitle are amended by inserting after

16 the item relating to chapter 111 the following new item:

‘‘112. Information Security Scholarship Program ................................... 2200’’.

17 (b) FUNDING.—Of the amount authorized to be ap18 propriated by section 301(5), $15,000,000 shall be avail19 able for carrying out chapter 112 of title 10, United States

20 Code (as added by subsection (a)).

21 (c) REPORT.—Not later than April 1, 2001, the Sec22 retary of Defense shall submit to the congressional defense

23 committees a plan for implementing the programs under

24 chapter 112 of title 10, United States Code.
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1 Subtitle D—Reports

2 SEC. 931. DATE OF SUBMITTAL OF REPORTS ON SHORT3 FALLS IN EQUIPMENT PROCUREMENT AND

4 MILITARY CONSTRUCTION FOR THE RE5 SERVE COMPONENTS IN FUTURE-YEARS DE6 FENSE PROGRAMS.

7 Section 10543(c) of title 10, United States Code, is

8 amended by adding at the end the following new para9 graph:

10 ‘‘(3) A report required under paragraph (1) for a fis11 cal year shall be submitted not later than 15 days after

12 the date on which the President submits to Congress the

13 budget for such fiscal year under section 1105(a) of title

14 31.’’.

15 SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED

16 TO LEGISLATIVE LIAISON FUNCTIONS.

17 (a) REPORT.—Not later than December 1, 2000, the

18 Secretary of Defense shall submit to the Committee on

19 Armed Services of the Senate and the Committee on

20 Armed Services of the House of Representatives a report

21 setting forth the number of personnel of the Department

22 of Defense performing legislative liaison functions as of

23 April 1, 2000.

24 (b) MATTERS TO BE INCLUDED.—The report shall

25 include the following:
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1 (1) The number of military and civilian per2 sonnel of the Department of Defense assigned to

3 full-time legislative liaison functions, shown by orga4 nizational entity and by pay grade.

5 (2) The number of military and civilian per6 sonnel of the Department not covered by paragraph

7 (1) (other than personnel described in subsection

8 (e)) who perform legislative liaison functions as part

9 of their assigned duties, shown by organizational en10 tity and by pay grade.

11 (c) LEGISLATIVE LIAISON FUNCTIONS.—For pur12 poses of this section, a legislative liaison function is a

13 function (regardless of how characterized within the De14 partment of Defense) that has been established or des15 ignated to principally provide advice, information, and as16 sistance to the legislative branch on Department of De17 fense policies, plans, and programs.

18 (d) ORGANIZATIONAL ENTITIES.—The display of in19 formation under subsection (b) by organizational entity

20 shall be for the Department of Defense and for each mili21 tary department as a whole and separately for each orga22 nization at the level of major command or Defense Agency

23 or higher.

24 (e) PERSONNEL NOT COVERED.—Subsection (b)(2)

25 does not apply to civilian officers appointed by the Presi-
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1 dent, by and with the advice and consent of the Senate,

2 or to general or flag officers.

3 SEC. 933. JOINT REPORT ON ESTABLISHMENT OF NA4 TIONAL COLLABORATIVE INFORMATION

5 ANALYSIS CAPABILITY.

6 (a) REPORT.—Not later than March 1, 2000, the

7 Secretary of Defense and the Director of Central Intel8 ligence shall submit to the congressional defense commit9 tees and the congressional intelligence committees a joint

10 report assessing alternatives for the establishment of a na11 tional collaborative information analysis capability. The

12 report shall include the following:

13 (1) An assessment of alternative architectures

14 to establish a national collaborative information

15 analysis capability to conduct data mining and

16 profiling of information from a wide array of elec17 tronic data sources.

18 (2) Identification, from among the various ar19 chitectures assessed under paragraph (1), of the pre20 ferred architecture and a detailed description of that

21 architecture and of a program to acquire and imple22 ment the capability that would be provided through

23 that architecture.

24 (3) A detailed explanation of how the personal

25 information resulting from the data mining and
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1 profiling capability developed under the preferred ar2 chitecture will be employed consistent with the re3 quirements of section 552a of title 5, United States

4 Code

5 (b) COMPLETION AND USE OF ARMY LAND INFOR6 MATION WARFARE ACTIVITY.—The Secretary of

7 Defense—

8 (1) shall ensure that the data mining, profiling,

9 and analysis capability of the Army’s Land Informa10 tion Warfare Activity is completed and is fully oper11 ational as soon as possible; and

12 (2) shall make appropriate use of that capa13 bility to provide support to all appropriate national

14 defense components.

15 SEC. 934. NETWORK CENTRIC WARFARE.

16 (a) FINDINGS.—Congress makes the following find17 ings:

18 (1) Joint Vision 2020 set the goal for the De19 partment of Defense to pursue information superi20 ority in order that joint forces may possess superior

21 knowledge and attain decision superiority during op22 erations across the spectrum of conflict.

23 (2) One concept being pursued to attain infor24 mation superiority is known as Network Centric

25 Warfare. The concept of Network Centric Warfare
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1 links sensors, communications systems and weapons

2 systems in an interconnected grid that allows for a

3 seamless information flow to warfighters, policy

4 makers, and support personnel.

5 (3) The Joint Staff, the Defense Agencies, and

6 the military departments are all pursuing various

7 concepts related to Network Centric Warfare.

8 (b) GOAL.—It shall be the goal of Department of De9 fense to fully coordinate various efforts being pursued by

10 the Joint Staff, the Defense Agencies, and the military

11 departments as they develop the concept of Network Cen12 tric Warfare.

13 (c) REPORT ON NETWORK CENTRIC WARFARE.—(1)

14 The Secretary of Defense shall submit to the congressional

15 defense committees a report on the development and im16 plementation of network centric warfare concepts within

17 the Department of Defense. The report shall be prepared

18 in consultation with the Chairman of the Joint Chiefs of

19 Staff.

20 (2) The report shall include the following:

21 (A) A clear definition and terminology to de22 scribe the set of operational concepts referred to as

23 ‘‘network centric warfare’’.

24 (B) An identification and description of the cur25 rent and planned activities by the Office of the Sec-
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1 retary of Defense, the Joint Chiefs of Staff, and the

2 United States Joint Forces Command relating to

3 network centric warfare.

4 (C) A discussion of how the concept of network

5 centric warfare is related to the strategy of trans6 formation as outlined in the document entitled

7 ‘‘Joint Vision 2020’’, along with the advantages and

8 disadvantages of pursing that concept.

9 (D) A discussion on how the Department is im10 plementing the concepts of network centric warfare

11 as it relates to information superiority and decision

12 superiority articulated in ‘‘Joint Vision 2020.’’

13 (E) An identification and description of the cur14 rent and planned activities of each of the Armed

15 Forces relating to network centric warfare.

16 (F) A discussion on how the Department plans

17 to attain a fully integrated, joint command, control,

18 communications, computers, intelligence, surveillance, and reconnaissance (C4 19 ISR) capability.

20 (G) A description of the joint requirements

21 under development that will lead to the acquisition

22 of technologies for enabling network centric warfare

23 and whether those joint requirements are modifying

24 existing service requirements and vision statements.
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1 (H) A discussion of how Department of Defense

2 activities to establish a joint network centric capa3 bility are coordinated with other departments and

4 agencies of the United States and with United

5 States allies.

6 (I) A discussion of the coordination of the

7 science and technology investments of the military

8 departments and Defense Agencies in the develop9 ment of future joint network centric warfare capa10 bilities.

11 (J) The methodology being used to measure

12 progress toward stated goals.

13 (d) STUDY ON THE USE OF JOINT EXPERIMEN14 TATION FOR DEVELOPING NETWORK CENTRIC WARFARE

15 CONCEPTS.—(1) The Secretary of Defense shall conduct

16 a study on the present and future use of the joint experi17 mentation program of the Department of Defense in the

18 development of network centric warfare concepts.

19 (2) The Secretary shall submit to the congressional

20 defense committees a report on the results of the study.

21 The report shall include the following:

22 (A) A survey of and description of how experi23 mentation under the joint experimentation at United

24 States Joint Forces Command is being used for
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1 evaluating emerging concepts in network centric

2 warfare.

3 (B) A survey of and description of how experi4 mentation under the joint experimentation of each of

5 the armed services are being used for evaluating

6 emerging concepts in network centric warfare.

7 (C) A description of any emerging concepts and

8 recommendations developed by those experiments,

9 with special emphasis on force structure implica10 tions.

11 (3) The Secretary of Defense, acting through the

12 Chairman of the Joint Chief of Staff, shall designate the

13 Commander in Chief of the United States Joint Forces

14 Command to carry out the study and prepare the report

15 required under this subsection.

16 (e) TIME FOR SUBMISSION OF REPORTS.—Each re17 port required under this section shall be submitted not

18 later than March 1, 2001.

19 SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECH20 NOLOGY.

21 (a) REPORT REQUIRED.—Not later than September

22 30, 2001, the Secretary of the Air Force shall submit to

23 the Committee on Armed Services of the Senate and the

24 Committee on Armed Services of the House of Represent25 atives a report on the roles and missions, organizational
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1 structure, funding, and operations of the Air Force Insti2 tute of Technology as projected through 2010.

3 (b) MATTERS TO BE INCLUDED.—The report shall

4 provide—

5 (1) a statement of the Institute’s roles and mis6 sions through 2010 in meeting the critical scientific

7 and educational requirements of the Air Force;

8 (2) a statement of the strategic priorities for

9 the Institute in meeting long-term core science and

10 technology educational needs of the Air Force; and

11 (3) a plan for the near-term increase in the pro12 duction by the Institute of masters and doctoral de13 gree graduates.

14 (c) RECOMMENDATIONS TO BE PROVIDED.—Based

15 on the matters determined for purposes of subsection (b),

16 the report shall include recommendations of the Secretary

17 of the Air Force with respect to the following:

18 (1) The grade of the Commandant of the Insti19 tute.

20 (2) The chain of command of the Commandant

21 within the Air Force.

22 (3) The employment and compensation of civil23 ian professors at the Institute.

24 (4) The processes for the identification of re25 quirements for personnel with advanced degrees
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1 within the Air Force and identification and selection

2 of candidates for annual enrollment at the Institute.

3 (5) Postgraduation opportunities within the Air

4 Force for graduates of the Institute.

5 (6) The policies and practices regarding the ad6 mission to the Institute of—

7 (A) officers of the Army, Navy, Marine

8 Corps, and Coast Guard;

9 (B) employees of the Department of the

10 Army, Department of the Navy, and Depart11 ment of Transportation;

12 (C) personnel of the military forces of for13 eign countries;

14 (D) enlisted members of the Armed

15 Forces; and

16 (E) other persons eligible for admission.

17 (7) Near- and long-term funding of the insti18 tute.

19 (8) Opportunities for cooperation, collaboration,

20 and joint endeavors with other military and civilian

21 scientific and technical educational institutions for

22 the production of qualified personnel to meet De23 partment of Defense scientific and technical require24 ments.
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1 (d) CONSULTATION.—The report shall be prepared in

2 consultation with the Chief of Staff of the Air Force and

3 the Commander of the Air Force Materiel Command.

4 Subtitle E—Other Matters

5 SEC. 941. FLEXIBILITY IN IMPLEMENTATION OF LIMITA6 TION ON MAJOR DEPARTMENT OF DEFENSE

7 HEADQUARTERS ACTIVITIES PERSONNEL.

8 Section 130a of title 10, United States Code, is

9 amended by adding at the end the following new sub10 section:

11 ‘‘(g) FLEXIBILITY.—(1) If during fiscal year 2001 or

12 fiscal year 2002 the Secretary of Defense determines, and

13 certifies to Congress, that the limitation under subsection

14 (a), or a limitation under subsection (b), would adversely

15 affect United States national security, the Secretary may

16 take any of the following actions:

17 ‘‘(A) Increase the percentage specified in sub18 section (b)(1) by such amount as the Secretary de19 termines necessary or waive the limitation under

20 that subsection.

21 ‘‘(B) Increase the percentage specified in sub22 section (b)(2) by such amount as the Secretary de23 termines necessary, not to exceed a cumulative in24 crease of 7.5 percentage points.
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1 ‘‘(C) Increase the percentage specified in sub2 section (a) by such amount as the Secretary deter3 mines necessary, not to exceed a cumulative increase

4 of 7.5 percentage points.

5 ‘‘(2) Any certification under paragraph (1) shall in6 clude notice of the specific waiver or increases made pur7 suant to the authority provided in that paragraph.’’.

8 SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

9 (a) MERGER OF NAVAL HISTORICAL CENTER FUND

10 INTO DEPARTMENT OF THE NAVY GENERAL GIFT

11 FUND.—(1) The Secretary of the Navy shall transfer all

12 amounts in the Naval Historical Center Fund maintained

13 under section 7222 of title 10, United States Code, to the

14 Department of the Navy General Gift Fund maintained

15 under section 2601 of such title. Upon completing the

16 transfer, the Secretary shall close the Naval Historical

17 Center Fund.

18 (2) Amounts transferred to the Department of the

19 Navy General Gift Fund under this subsection shall be

20 merged with other amounts in that Fund and shall be

21 available for the purposes for which amounts in that Fund

22 are available.

23 (b) CONSOLIDATION OF NAVAL ACADEMY GENERAL

24 GIFT FUND AND NAVAL ACADEMY MUSEUM FUND.—(1)

25 The Secretary of the Navy shall transfer all amounts in
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1 the United States Naval Academy Museum Fund estab2 lished by section 6974 of title 10, United States Code, to

3 the gift fund maintained for the benefit and use of the

4 United States Naval Academy under section 6973 of such

5 title. Upon completing the transfer, the Secretary shall

6 close the United States Naval Academy Museum Fund.

7 (2) Amounts transferred under this subsection shall

8 be merged with other amounts in the gift fund to which

9 transferred and shall be available for the purposes for

10 which amounts in that gift fund are available.

11 (c) CONSOLIDATION AND REVISION OF AUTHORITIES

12 FOR ACCEPTANCE OF GIFTS, BEQUESTS, AND LOANS FOR

13 THE UNITED STATES NAVAL ACADEMY.—(1) Subsection

14 (a) of section 6973 of title 10, United States Code, is

15 amended—

16 (A) in the first sentence—

17 (i) by striking ‘‘gifts and bequests of per18 sonal property’’ and inserting ‘‘any gift or be19 quest of personal property, and may accept,

20 hold, and administer any loan of personal prop21 erty other than money, that is’’; and

22 (ii) by inserting ‘‘or the Naval Academy

23 Museum, its collection, or its services’’ before

24 the period at the end;
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1 (B) in the second sentence, by striking

2 ‘‘ ‘United States Naval Academy general gift fund’ ’’

3 and inserting ‘‘ ‘United States Naval Academy Gift

4 and Museum Fund’ ’’; and

5 (C) in the third sentence, by inserting ‘‘(includ6 ing the Naval Academy Museum)’’ after ‘‘the Naval

7 Academy’’.

8 (2) Such section is further amended—

9 (A) by redesignating subsections (b) and (c) as

10 subsections (c) and (d), respectively; and

11 (B) by inserting after subsection (a) the fol12 lowing new subsection (b):

13 ‘‘(b) The Secretary shall prescribe written guidelines

14 to be used for determinations of whether the acceptance

15 of money, any personal property, or any loan of personal

16 property under subsection (a) would reflect unfavorably on

17 the ability of the Department of the Navy or any officer

18 or employee of the Department of the Navy to carry out

19 responsibilities or duties in a fair and objective manner,

20 or would compromise either the integrity or the appear21 ance of the integrity of any program of the Department

22 of the Navy or any officer or employee of the Department

23 of the Navy who is involved in any such program.’’.

24 (3) Subsection (d) of such section, as redesignated

25 by paragraph (2)(A), is amended by striking ‘‘United
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1 States Naval Academy general gift fund’’ both places it

2 appears and inserting ‘‘United States Naval Academy Gift

3 and Museum Fund’’.

4 (4) The heading for such section is amended to read

5 as follows:

6 ‘‘§ 6973. Gifts, bequests, and loans of property: accept7 ance for benefit and use of Naval Acad8 emy’’.

9 (d) REFERENCES TO CLOSED GIFT FUNDS.—(1)

10 Section 6974 of title 10, United States Code, is amended

11 to read as follows:

12 ‘‘§ 6974. United States Naval Academy Museum Fund:

13 references to Fund

14 ‘‘Any reference in a law, regulation, document, paper,

15 or other record of the United States to the United States

16 Naval Academy Museum Fund formerly maintained under

17 this section shall be deemed to refer to the United States

18 Naval Academy Gift and Museum Fund maintained under

19 section 6973 of this title.’’.

20 (2) Section 7222 of such title is amended to read as

21 follows:

22 ‘‘§ 7222. Naval Historical Center Fund: references to

23 Fund

24 ‘‘Any reference in a law, regulation, document, paper,

25 or other record of the United States to the Naval Histor-
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1 ical Center Fund formerly maintained under this section

2 shall be deemed to refer to the Department of the Navy

3 General Gift Fund maintained under section 2601 of this

4 title.’’.

5 (e) CLERICAL AMENDMENTS.—(1) The table of sec6 tions at the beginning of chapter 603 of title 10, United

7 States Code, is amended by striking the items relating to

8 sections 6973 and 6974 and inserting the following:

‘‘6973. Gifts, bequests, and loans of property: acceptance for benefit and use

of Naval Academy.

‘‘6974. United States Naval Academy Museum Fund: references to Fund.’’.

9 (2) The item relating to section 7222 of such title

10 in the table of sections at the beginning of chapter 631

11 of such title is amended to read as follows:

‘‘7222. Naval Historical Center Fund: references to Fund.’’.

12 SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT

13 PREVIOUSLY ACCEPTED FOR THE NAVAL

14 ACADEMY.

15 Notwithstanding section 6973 of title 10, United

16 States Code, during fiscal year 2001 the Secretary of the

17 Navy may dispose of a gift accepted before the date of

18 the enactment of this Act for the United States Naval

19 Academy by disbursing from the United States Naval

20 Academy general gift fund to an entity designated by the

21 donor of the gift the amount equal to the current cash

22 value of that gift.
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1 TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of emergency supplemental appropriations for fiscal

year 2000.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 2001.

Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations

for fiscal year 2001.

Sec. 1006. Requirement for prompt payment of contract vouchers.

Sec. 1007. Plan for prompt recording of obligations of funds for contractual

transactions.

Sec. 1008. Electronic submission and processing of claims for contract payments.

Sec. 1009. Administrative offsets for overpayment of transportation costs.

Sec. 1010. Interest penalties for late payment of interim payments due under

Government service contracts.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Revisions to national defense features program.

Sec. 1012. Sense of Congress on the naming of the CVN–77 aircraft carrier.

Sec. 1013. Authority to transfer naval vessels to certain foreign countries.

Sec. 1014. Authority to consent to retransfer of alternative former naval vessel

by Government of Greece.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension of authority to provide support for counter-drug activities

of Colombia.

Sec. 1022. Report on Department of Defense expenditures to support foreign

counter-drug activities.

Sec. 1023. Recommendations on expansion of support for counter-drug activities.

Sec. 1024. Review of riverine counter-drug program.

Sec. 1025. Report on tethered aerostat radar system.

Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-drug

and counter-terrorism activities.

Subtitle D—Counterterrorism and Domestic Preparedness

Sec. 1031. Preparedness of military installation first responders for incidents

involving weapons of mass destruction.

Sec. 1032. Additional weapons of mass destruction civil support teams.

Sec. 1033. Authority to provide loan guarantees to improve domestic preparedness to combat cyberterrorism.

Sec. 1034. Report on the status of domestic preparedness against the threat of

biological terrorism.

Sec. 1035 Report on strategy, policies, and programs to combat domestic terrorism.

Subtitle E—Strategic Forces
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Sec. 1041. Revised nuclear posture review.

Sec. 1042. Plan for the long-term sustainment and modernization of United

States strategic nuclear forces.

Sec. 1043. Modification of scope of waiver authority for limitation on retirement or dismantlement of strategic nuclear delivery systems.

Sec. 1044. Report on the defeat of hardened and deeply buried targets.

Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear triad.

Subtitle F—Miscellaneous Reporting Requirements

Sec. 1051. Management review of working-capital fund activities.

Sec. 1052. Report on submarine rescue support vessels.

Sec. 1053. Report on Federal Government progress in developing information

assurance strategies.

Sec. 1054. Department of Defense process for decisionmaking in cases of false

claims.

Subtitle G—Government Information Security Reform

Sec. 1061. Coordination of Federal information policy.

Sec. 1062. Responsibilities of certain agencies.

Sec. 1063. Relationship of Defense Information Assurance Program to Government-wide information security program.

Sec. 1064. Technical and conforming amendments.

Sec. 1065. Effective date.

Subtitle H—Security Matters

Sec. 1071. Limitation on granting of security clearances.

Sec. 1072. Process for prioritizing background investigations for security clearances for Department of Defense personnel and defense contractor personnel.

Sec. 1073. Authority to withhold certain sensitive information from public disclosure.

Sec. 1074. Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure.

Sec. 1075. Expenditures for declassification activities.

Sec. 1076. Enhanced access to criminal history record information for national

security and other purposes

Sec. 1077. Two-year extension of authority to engage in commercial activities

as security for intelligence collection activities.

Sec. 1078. Coordination of nuclear weapons secrecy policies and consideration

of health of workers at former Department of Defense nuclear

facilities.

Subtitle I—Other Matters

Sec. 1081. Funds for administrative expenses under Defense Export Loan

Guarantee program.

Sec. 1082. Transit pass program for Department of Defense personnel in poor

air quality areas.

Sec. 1083. Transfer of Vietnam era TA–4 aircraft to nonprofit foundation.

Sec. 1084. Transfer of 19th century cannon to museum.

Sec. 1085. Fees for providing historical information to the public.

Sec. 1086. Grants to American Red Cross for Armed Forces emergency services.

Sec. 1087. Technical and clerical amendments.
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Sec. 1088. Maximum size of parcel post packages transported overseas for

Armed Forces post offices.

Sec. 1089. Sense of Congress regarding tax treatment of members receiving

special pay for duty subject to hostile fire or imminent danger.

Sec. 1090. Organization and management of Civil Air Patrol.

Sec. 1091. Additional duties for Commission to Assess United States National

Security Space Management and Organization.

Sec. 1092. Commission on the Future of the United States Aerospace Industry.

Sec. 1093. Drug addiction treatment.

1 Subtitle A—Financial Matters

2 SEC. 1001. TRANSFER AUTHORITY.

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

4 (1) Upon determination by the Secretary of Defense that

5 such action is necessary in the national interest, the Sec6 retary may transfer amounts of authorizations made avail7 able to the Department of Defense in this division for fis8 cal year 2001 between any such authorizations for that

9 fiscal year (or any subdivisions thereof). Amounts of au10 thorizations so transferred shall be merged with and be

11 available for the same purposes as the authorization to

12 which transferred.

13 (2) The total amount of authorizations that the Sec14 retary may transfer under the authority of this section

15 may not exceed $2,000,000,000.

16 (b) LIMITATIONS.—The authority provided by this

17 section to transfer authorizations—

18 (1) may only be used to provide authority for

19 items that have a higher priority than the items

20 from which authority is transferred; and
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1 (2) may not be used to provide authority for an

2 item that has been denied authorization by Con3 gress.

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the

7 amount authorized for the account to which the amount

8 is transferred by an amount equal to the amount trans9 ferred.

10 (d) NOTICE TO CONGRESS.—The Secretary shall

11 promptly notify Congress of each transfer made under

12 subsection (a).

13 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

14 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

15 Annex prepared by the committee of conference to accom16 pany the conference report on the bill H.R. 4205 of the

17 One Hundred Sixth Congress and transmitted to the

18 President is hereby incorporated into this Act.

19 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

20 ACT.—The amounts specified in the Classified Annex are

21 not in addition to amounts authorized to be appropriated

22 by other provisions of this Act.

23 (c) LIMITATION ON USE OF FUNDS.—Funds appro24 priated pursuant to an authorization contained in this Act

25 that are made available for a program, project, or activity
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1 referred to in the Classified Annex may only be expended

2 for such program, project, or activity in accordance with

3 such terms, conditions, limitations, restrictions, and re4 quirements as are set out for that program, project, or

5 activity in the Classified Annex.

6 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

7 President shall provide for appropriate distribution of the

8 Classified Annex, or of appropriate portions of the annex,

9 within the executive branch of the Government.

10 SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLE11 MENTAL APPROPRIATIONS FOR FISCAL YEAR

12 2000.

13 Amounts authorized to be appropriated to the De14 partment of Defense for fiscal year 2000 in the National

15 Defense Authorization Act for Fiscal Year 2000 (Public

16 Law 106–65) are hereby adjusted, with respect to any

17 such authorized amount, by the amount by which appro18 priations pursuant to such authorization were increased

19 (by a supplemental appropriation) or decreased (by a re20 scission), or both, in the Emergency Supplemental Act,

21 2000 (division B of Public Law 106–246) or in title IX

22 of the Department of Defense Appropriations Act, 2001

23 (Public Law 106–259).
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1 SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COM2 MON-FUNDED BUDGETS IN FISCAL YEAR 2001.

3 (a) FISCAL YEAR 2001 LIMITATION.—The total

4 amount contributed by the Secretary of Defense in fiscal

5 year 2001 for the common-funded budgets of NATO may

6 be any amount up to, but not in excess of, the amount

7 specified in subsection (b) (rather than the maximum

8 amount that would otherwise be applicable to those con9 tributions under the fiscal year 1998 baseline limitation).

10 (b) TOTAL AMOUNT.—The amount of the limitation

11 applicable under subsection (a) is the sum of the following:

12 (1) The amounts of unexpended balances, as of

13 the end of fiscal year 2000, of funds appropriated

14 for fiscal years before fiscal year 2001 for payments

15 for those budgets.

16 (2) The amount specified in subsection (c)(1).

17 (3) The amount specified in subsection (c)(2).

18 (4) The total amount of the contributions au19 thorized to be made under section 2501.

20 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

21 be appropriated by titles II and III of this Act are avail22 able for contributions for the common-funded budgets of

23 NATO as follows:

24 (1) Of the amount provided in section 201(1),

25 $743,000 for the Civil Budget.
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1 (2) Of the amount provided in section 301(1),

2 $181,981,000 for the Military Budget.

3 (d) DEFINITIONS.—For purposes of this section:

4 (1) COMMON-FUNDED BUDGETS OF NATO.—

5 The term ‘‘common-funded budgets of NATO’’

6 means the Military Budget, the Security Investment

7 Program, and the Civil Budget of the North Atlantic

8 Treaty Organization (and any successor or addi9 tional account or program of NATO).

10 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

11 The term ‘‘fiscal year 1998 baseline limitation’’

12 means the maximum annual amount of Department

13 of Defense contributions for common-funded budgets

14 of NATO that is set forth as the annual limitation

15 in section 3(2)(C)(ii) of the resolution of the Senate

16 giving the advice and consent of the Senate to the

17 ratification of the Protocols to the North Atlantic

18 Treaty of 1949 on the Accession of Poland, Hun19 gary, and the Czech Republic (as defined in section

20 4(7) of that resolution), approved by the Senate on

21 April 30, 1998.
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1 SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND

2 KOSOVO PEACEKEEPING OPERATIONS FOR

3 FISCAL YEAR 2001.

4 (a) LIMITATION.—Of the amounts authorized to be

5 appropriated by section 301(24) for the Overseas Contin6 gency Operations Transfer Fund—

7 (1) no more than $1,387,800,000 may be obli8 gated for incremental costs of the Armed Forces for

9 Bosnia peacekeeping operations; and

10 (2) no more than $1,650,400,000 may be obli11 gated for incremental costs of the Armed Forces for

12 Kosovo peacekeeping operations.

13 (b) PRESIDENTIAL WAIVER.—The President may

14 waive the limitation in subsection (a)(1), or the limitation

15 in subsection (a)(2), after submitting to Congress the fol16 lowing:

17 (1) The President’s written certification that

18 the waiver is necessary in the national security inter19 ests of the United States.

20 (2) The President’s written certification that

21 exercising the waiver will not adversely affect the

22 readiness of United States military forces.

23 (3) A report setting forth the following:

24 (A) The reasons that the waiver is nec25 essary in the national security interests of the

26 United States.
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1 (B) The specific reasons that additional

2 funding is required for the continued presence

3 of United States military forces participating

4 in, or supporting, Bosnia peacekeeping oper5 ations, or Kosovo peacekeeping operations, as

6 the case may be, for fiscal year 2001.

7 (C) A discussion of the impact on the mili8 tary readiness of United States Armed Forces

9 of the continuing deployment of United States

10 military forces participating in, or supporting,

11 Bosnia peacekeeping operations, or Kosovo

12 peacekeeping operations, as the case may be.

13 (4) A supplemental appropriations request for

14 the Department of Defense for such amounts as are

15 necessary for the additional fiscal year 2001 costs

16 associated with United States military forces partici17 pating in, or supporting, Bosnia or Kosovo peace18 keeping operations.

19 (c) PEACEKEEPING OPERATIONS DEFINED.—For the

20 purposes of this section:

21 (1) The term ‘‘Bosnia peacekeeping operations’’

22 has the meaning given such term in section 1004(e)

23 of the Strom Thurmond National Defense Author24 ization Act for Fiscal Year 1999 (Public Law 105–

25 261; 112 Stat. 2112).
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1 (2) The term ‘‘Kosovo peacekeeping

2 operations’’—

3 (A) means the operation designated as Op4 eration Joint Guardian and any other operation

5 involving the participation of any of the Armed

6 Forces in peacekeeping or peace enforcement

7 activities in and around Kosovo; and

8 (B) includes, with respect to Operation

9 Joint Guardian or any such other operation,

10 each activity that is directly related to the sup11 port of the operation.

12 SEC. 1006. REQUIREMENT FOR PROMPT PAYMENT OF CON13 TRACT VOUCHERS.

14 (a) REQUIREMENT.—(1) Chapter 131 of title 10,

15 United States Code, is amended by adding after section

16 2225, as added by section 812(a)(1), the following new

17 section:

18 ‘‘§ 2226. Contracted property and services: prompt

19 payment of vouchers

20 ‘‘(a) REQUIREMENT.—Of the contract vouchers that

21 are received by the Defense Finance and Accounting Serv22 ice by means of the mechanization of contract administra23 tion services system, the number of such vouchers that re24 main unpaid for more than 30 days as of the last day

25 of each month may not exceed 5 percent of the total num-
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1 ber of the contract vouchers so received that remain un2 paid on that day.

3 ‘‘(b) CONTRACT VOUCHER DEFINED.—In this sec4 tion, the term ‘contract voucher’ means a voucher or in5 voice for the payment to a contractor for services, commer6 cial items (as defined in section 4(12) of the Office of Fed7 eral Procurement Policy Act (41 U.S.C. 403(12))), or

8 other deliverable items provided by the contractor under

9 a contract funded by the Department of Defense.’’.

10 (2) The table of sections at the beginning of such

11 chapter is amended by adding after the item relating to

12 section 2225, as added by section 812(a)(2), the following

13 new item:

‘‘2226. Contracted property and services: prompt payment of vouchers.’’.

14 (b) EFFECTIVE DATE.—Section 2226 of title 10,

15 United States Code (as added by subsection (a)), shall

16 take effect on December 1, 2000.

17 (c) CONDITIONAL REQUIREMENT FOR REPORT.—(1)

18 If for any month of the noncompliance reporting period

19 the requirement in section 2226 of title 10, United States

20 Code (as added by subsection (a)), is not met, the Sec21 retary of Defense shall submit to the Committee on Armed

22 Services of the Senate and the Committee on Armed Serv23 ices of the House of Representatives a report on the mag24 nitude of the unpaid contract vouchers. The report for a
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1 month shall be submitted not later than 30 days after the

2 end of that month.

3 (2) A report for a month under paragraph (1) shall

4 include information current as of the last day of the month

5 as follows:

6 (A) The number of the vouchers received by the

7 Defense Finance and Accounting Service by means

8 of the mechanization of contract administration

9 services system during each month.

10 (B) The number of the vouchers so received,

11 whenever received by the Defense Finance and Ac12 counting Service, that remain unpaid for each of the

13 following periods:

14 (i) Over 30 days and not more than 60

15 days.

16 (ii) Over 60 days and not more than 90

17 days.

18 (iii) More than 90 days.

19 (C) The number of the vouchers so received

20 that remain unpaid for the major categories of pro21 curements, as defined by the Secretary of Defense.

22 (D) The corrective actions that are necessary,

23 and those that are being taken, to ensure compliance

24 with the requirement in subsection (a).

25 (3) For purposes of this subsection:
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1 (A) The term ‘‘noncompliance reporting period’’

2 means the period beginning on December 1, 2000,

3 and ending on November 30, 2004.

4 (B) The term ‘‘contract voucher’’ has the mean5 ing given that term in section 2226(b) of title 10,

6 United States Code (as added by subsection (a)).

7 SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGA8 TIONS OF FUNDS FOR CONTRACTUAL TRANS9 ACTIONS.

10 (a) REQUIREMENT FOR PLAN.—The Secretary of De11 fense shall submit to the Committees on Armed Services

12 of the Senate and the House of Representatives, not later

13 than November 15, 2000, a plan for ensuring that each

14 obligation of the Department of Defense under a trans15 action described in subsection (c) be recorded in the ap16 propriate financial administration systems of the Depart17 ment of Defense not later than 10 days after the date on

18 which the obligation is incurred.

19 (b) CONTENT OF PLAN.—The plan under subsection

20 (a) shall provide for the following:

21 (1) The recording of obligations in accordance

22 with requirements that apply uniformly throughout

23 the Department of Defense, including requirements

24 for the recording of detailed data on each such obli25 gation.
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1 (2) A system of accounting classification ref2 erence numbers for the recording of obligations that

3 applies uniformly throughout the Department of De4 fense.

5 (3) A discussion of how the plan is to be imple6 mented, including a schedule for implementation.

7 (c) COVERED TRANSACTIONS.—The plan shall apply

8 to each obligation under any of the following transactions

9 of the Department of Defense:

10 (1) A contract.

11 (2) A grant.

12 (3) A cooperative agreement.

13 (4) A transaction authorized under section

14 2371 of title 10, United States Code.

15 SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF

16 CLAIMS FOR CONTRACT PAYMENTS.

17 (a) REQUIREMENTS.—(1) Chapter 131 of title 10,

18 United States Code, is amended by adding after section

19 2226, as added by section 1006(a)(1), the following new

20 section:

21 ‘‘§ 2227. Electronic submission and processing of

22 claims for contract payments

23 ‘‘(a) SUBMISSION OF CLAIMS.—The Secretary of De24 fense shall require that any claim for payment under a
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1 Department of Defense contract shall be submitted to the

2 Department of Defense in electronic form.

3 ‘‘(b) PROCESSING.—A contracting officer, contract

4 administrator, certifying official, or other officer or em5 ployee of the Department of Defense who receives a claim

6 for payment in electronic form in accordance with sub7 section (a) and is required to transmit the claim to any

8 other officer or employee of the Department of Defense

9 for processing under procedures of the department shall

10 transmit the claim and any additional documentation nec11 essary to support the determination and payment of the

12 claim to such other officer or employee electronically.

13 ‘‘(c) WAIVER AUTHORITY.—If the Secretary of De14 fense determines that the requirement for using electronic

15 means for submitting claims under subsection (a), or for

16 transmitting claims and supporting documentation under

17 subsection (b), is unduly burdensome in any category of

18 cases, the Secretary may exempt the cases in that category

19 from the application of the requirement.

20 ‘‘(d) IMPLEMENTATION OF REQUIREMENTS.—In im21 plementing subsections (a) and (b), the Secretary of De22 fense shall provide for the following:

23 ‘‘(1) Policies, requirements, and procedures for

24 using electronic means for the submission of claims

25 for payment to the Department of Defense and for
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1 the transmission, between Department of Defense

2 officials, of claims for payment received in electronic

3 form, together with supporting documentation (such

4 as receiving reports, contracts and contract modi5 fications, and required certifications).

6 ‘‘(2) The format in which information can be

7 accepted by the corporate database of the Defense

8 Finance and Accounting Service.

9 ‘‘(3) The requirements to be included in con10 tracts regarding the electronic submission of claims

11 for payment by contractors.

12 ‘‘(e) CLAIM FOR PAYMENT DEFINED.—In this sec13 tion, the term ‘claim for payment’ means an invoice or

14 any other demand or request for payment.’’.

15 (2) The table of sections at the beginning of such

16 chapter is amended by adding after the item relating to

17 section 2226, as added by section 1006(a)(2), the fol18 lowing new item:

‘‘2227. Electronic submission and processing of claims for contract payments.’’.

19 (b) IMPLEMENTATION PLAN.—Not later than March

20 30, 2001, the Secretary of Defense shall submit to the

21 Committees on Armed Services of the Senate and the

22 House of Representatives a plan for the implementation

23 of the requirements imposed under section 2227 of title

24 10, United States Code (as added by subsection (a)). The
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1 plan shall provide for each of the matters specified in sub2 section (d) of that section.

3 (c) APPLICABILITY.—(1) Subject to paragraph (2),

4 the Secretary of Defense shall apply section 2227 of title

5 10, United States Code (as added by subsection (a)), with

6 respect to contracts for which solicitations of offers are

7 issued after June 30, 2001.

8 (2)(A) The Secretary may delay the implementation

9 of section 2227 to a date after June 30, 2001, upon a

10 finding that it is impracticable to implement that section

11 until that later date. In no event, however, may the imple12 mentation be delayed to a date after October 1, 2002.

13 (B) Upon determining to delay the implementation

14 of such section 2227 to a later date under subparagraph

15 (A), the Secretary shall promptly publish a notice of the

16 delay in the Federal Register. The notice shall include a

17 specification of the later date on which the implementation

18 of that section is to begin. Not later than 30 days before

19 the later implementation date, the Secretary shall publish

20 in the Federal Register another notice that such section

21 is being implemented beginning on that date.
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1 SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT

2 OF TRANSPORTATION COSTS.

3 (a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED

4 DAMAGES.—(1) Section 2636 of title 10, United States

5 Code, is amended to read as follows:

6 ‘‘§ 2636. Deductions from amounts due carriers

7 ‘‘(a) AMOUNTS FOR LOSS OR DAMAGE.—An amount

8 deducted from an amount due a carrier shall be credited

9 as follows:

10 ‘‘(1) If deducted because of loss of or damage

11 to material in transit for a military department, the

12 amount shall be credited to the proper appropria13 tion, account, or fund from which the same or simi14 lar material may be replaced.

15 ‘‘(2) If deducted as an administrative offset for

16 an overpayment previously made to the carrier under

17 any Department of Defense contract for transpor18 tation services or as liquidated damages due under

19 any such contract, the amount shall be credited to

20 the appropriation or account from which payments

21 for the transportation services were made.

22 ‘‘(b) SIMPLIFIED OFFSET FOR COLLECTION OF

23 CLAIMS NOT IN EXCESS OF THE SIMPLIFIED ACQUISI24 TION THRESHOLD.—(1) In any case in which the total

25 amount of a claim for the recovery of overpayments or

26 liquidated damages under a contract described in sub-
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1 section (a)(2) does not exceed the simplified acquisition

2 threshold, the Secretary of Defense or the Secretary con3 cerned, in exercising the authority to collect the claim by

4 administrative offset under section 3716 of title 31, may

5 apply paragraphs (2) and (3) of subsection (a) of that sec6 tion with respect to that collection after (rather than be7 fore) the claim is so collected.

8 ‘‘(2) Regulations prescribed by the Secretary of De9 fense under subsection (b) of section 3716 of title 31—

10 ‘‘(A) shall include provisions to carry out para11 graph (1); and

12 ‘‘(B) shall provide the carrier for a claim sub13 ject to paragraph (1) with an opportunity to offer an

14 alternative method of repaying the claim (rather

15 than by administrative offset) if the collection of the

16 claim by administrative offset has not already been

17 made.

18 ‘‘(3) In this subsection, the term ‘simplified acquisi19 tion threshold’ has the meaning given that term in section

20 4(11) of the Office of Federal Procurement Policy Act (41

21 U.S.C. 403(11)).’’.

22 (2) The item relating to such section in the table of

23 sections at the beginning of chapter 157 of such title is

24 amended to read as follows:

‘‘2636. Deductions from amounts due carriers.’’.
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1 (b) EFFECTIVE DATE.—Subsections (a)(2) and (b)

2 of section 2636 of title 10, United States Code, as added

3 by subsection (a)(1), shall apply with respect to contracts

4 entered into after the date of the enactment of this Act.

5 SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF

6 INTERIM PAYMENTS DUE UNDER GOVERN7 MENT SERVICE CONTRACTS.

8 (a) PROMPT PAYMENT REQUIREMENT FOR INTERIM

9 PAYMENTS.—Under regulations prescribed under sub10 section (c), the head of an agency acquiring services from

11 a business concern under a cost reimbursement contract

12 requiring interim payments who does not pay the concern

13 a required interim payment by the date that is 30 days

14 after the date of the receipt of a proper invoice shall pay

15 an interest penalty to the concern on the amount of the

16 payment due. The interest shall be computed as provided

17 in section 3902(a) of title 31, United States Code.

18 (b) REGULATIONS.—The Director of the Office of

19 Management and Budget shall prescribe regulations to

20 carry out this section. Such regulations shall be prescribed

21 as part of the regulations prescribed under section 3903

22 of title 31, United States Code.

23 (c) INCORPORATION OF CERTAIN PROVISIONS OF

24 LAW.—The provisions of chapter 39 of title 31, United
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1 States Code, shall apply to this section in the same man2 ner as if this section were enacted as part of such chapter.

3 (d) EFFECTIVE DATE.—Subsection (a) shall take ef4 fect on December 15, 2000. No interest shall accrue by

5 reason of that subsection for any period before that date.

6 Subtitle B—Naval Vessels and

7 Shipyards

8 SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES

9 PROGRAM.

10 Section 2218(k) of title 10, United States Code, is

11 amended—

12 (1) by adding at the end of paragraph (1) the

13 following new sentence: ‘‘As consideration for a con14 tract with the head of an agency under this sub15 section, the company entering into the contract shall

16 agree with the Secretary of Defense to make any

17 vessel covered by the contract available to the Sec18 retary, fully crewed and ready for sea, at any time

19 at any port determined by the Secretary, and for

20 whatever duration the Secretary determines nec21 essary.’’;

22 (2) by adding at the end of paragraph (2) the

23 following new subparagraph:

24 ‘‘(E) Payments of such sums as the Govern25 ment would otherwise expend, if the vessel were
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1 placed in the Ready Reserve Fleet, for maintaining

2 the vessel in the status designated as ‘ROS–4 sta3 tus’ in the Ready Reserve Fleet for 25 years.’’; and

4 (3) by adding at the end the following new

5 paragraph:

6 ‘‘(6) The head of an agency may not enter into a con7 tract under paragraph (1) that would provide for pay8 ments to the contractor as authorized in paragraph (2)(E)

9 until notice of the proposed contract is submitted to the

10 congressional defense committees and a period of 90 days

11 has elapsed.’’.

12 SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE

13 CVN–77 AIRCRAFT CARRIER.

14 (a) FINDINGS.—Congress makes the following find15 ings:

16 (1) Over the last three decades Congress has

17 authorized and appropriated funds for a total of 10

18 Nimitz class aircraft carriers.

19 (2) The last vessel in the Nimitz class of air20 craft carriers, CVN–77, is currently under construc21 tion and will be delivered in 2008.

22 (3) The first nine vessels in this class bear the

23 following proud names:

24 (A) U.S.S. Nimitz (CVN–68).
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1 (B) U.S.S. Dwight D. Eisenhower (CVN–

2 69).

3 (C) U.S.S. Carl Vinson (CVN–70).

4 (D) U.S.S. Theodore Roosevelt (CVN–71).

5 (E) U.S.S. Abraham Lincoln (CVN–72).

6 (F) U.S.S. George Washington (CVN–73).

7 (G) U.S.S. John C. Stennis (CVN–74).

8 (H) U.S.S. Harry S. Truman (CVN–75).

9 (I) U.S.S. Ronald Reagan (CVN–76).

10 (4) It is appropriate for Congress to rec11 ommend to the President, as Commander in Chief of

12 the Armed Forces, an appropriate name for the final

13 vessel in the Nimitz class of aircraft carriers.

14 (5) Over the last 25 years the vessels in the

15 Nimitz class of aircraft carriers have served as one

16 of the principal means of United States diplomacy

17 and as one of the principal means for the defense of

18 the United States and its allies around the world.

19 (6) The name bestowed upon the aircraft car20 rier CVN–77 should embody the American spirit and

21 provide a lasting symbol of the American commit22 ment to freedom.

23 (7) The name ‘‘Lexington’’ has been a symbol

24 of freedom from the first battle of the American

25 Revolution.
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1 (8) The two aircraft carriers previously named

2 U.S.S. Lexington (the CV–2 and the CV–16) served

3 the Nation for 64 years, served in World War II,

4 and earned a total of 13 battle stars.

5 (9) One of those honored vessels, the CV–2,

6 was lost at the Battle of the Coral Sea on May 8,

7 1942.

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the CVN–77 aircraft carrier should be named

10 the ‘‘U.S.S. Lexington’’—

11 (1) in order to honor the men and women who

12 served in the Armed Forces of the United States

13 during World War II and the incalculable number of

14 United States citizens on the home front during that

15 war who mobilized in the name of freedom; and

16 (2) as a special tribute to the 16,000,000 vet17 erans of the Armed Forces who served on land, sea,

18 and air during World War II (of whom fewer than

19 6,000,000 remain alive today) and a lasting symbol

20 of their commitment to freedom as they pass on hav21 ing proudly taken their place in history.

22 SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO

23 CERTAIN FOREIGN COUNTRIES.

24 (a) TRANSFERS BY GRANT.—The President is au25 thorized to transfer vessels to foreign countries on a grant
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1 basis under section 516 of the Foreign Assistance Act of

2 1961 (22 U.S.C. 2321j) as follows:

3 (1) BRAZIL.—To the Government of Brazil—

4 (A) the THOMASTON class dock landing

5 ships ALAMO (LSD 33) and HERMITAGE

6 (LSD 34); and

7 (B) the GARCIA class frigates BRADLEY

8 (FF 1041), DAVIDSON (FF 1045), SAMPLE

9 (FF 1048) and ALBERT DAVID (FF 1050).

10 (2) GREECE.—To the Government of Greece,

11 the KNOX class frigates VREELAND (FF 1068)

12 and TRIPPE (FF 1075).

13 (b) TRANSFERS ON A COMBINED LEASE-SALE

14 BASIS.—(1) The President is authorized to transfer ves15 sels to foreign countries on a combined lease-sale basis

16 under sections 61 and 21 of the Arms Export Control Act

17 (22 U.S.C. 2796 and 2761) and in accordance with sub18 section (c) as follows:

19 (A) CHILE.—To the Government of Chile, the

20 OLIVER HAZARD PERRY class guided missile

21 frigates WADSWORTH (FFG 9), and ESTOCIN

22 (FFG 15).

23 (B) TURKEY.—To the Government of Turkey,

24 the OLIVER HAZARD PERRY class guided missile
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1 frigates JOHN A. MOORE (FFG 19) and

2 FLATLEY (FFG 21).

3 (2) The authority provided under paragraph (1)(B)

4 is in addition to the authority provided under section

5 1018(a)(9) of the National Defense Authorization Act for

6 Fiscal Year 2000 (Public Law 106–65; 113 Stat. 745) for

7 the transfer of those vessels to the Government of Turkey

8 on a sale basis under section 21 of the Arms Export Con9 trol Act (22 U.S.C. 2761).

10 (c) CONDITIONS RELATING TO COMBINED LEASE11 SALE TRANSFERS.—A transfer of a vessel on a combined

12 lease-sale basis authorized by subsection (b) shall be made

13 in accordance with the following requirements:

14 (1) The President may initially transfer the ves15 sel by lease, with lease payments suspended for the

16 term of the lease, if the country entering into the

17 lease for the vessel simultaneously enters into a for18 eign military sales agreement for the transfer of title

19 to the vessel.

20 (2) The President may not deliver to the pur21 chasing country title to the vessel until the purchase

22 price of the vessel under such a foreign military

23 sales agreement is paid in full.

24 (3) Upon payment of the purchase price in full

25 under such a sales agreement and delivery of title to
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1 the recipient country, the President shall terminate

2 the lease.

3 (4) If the purchasing country fails to make full

4 payment of the purchase price in accordance with

5 the sales agreement by the date required under the

6 sales agreement—

7 (A) the sales agreement shall be imme8 diately terminated;

9 (B) the suspension of lease payments

10 under the lease shall be vacated; and

11 (C) the United States shall be entitled to

12 retain all funds received on or before the date

13 of the termination under the sales agreement,

14 up to the amount of the lease payments due

15 and payable under the lease and all other costs

16 required by the lease to be paid to that date.

17 (5) If a sales agreement is terminated pursuant

18 to paragraph (4), the United States shall not be re19 quired to pay any interest to the recipient country

20 on any amount paid to the United States by the re21 cipient country under the sales agreement and not

22 retained by the United States under the lease.

23 (d) AUTHORIZATION OF APPROPRIATIONS FOR COSTS

24 OF LEASE-SALE TRANSFERS.—There is hereby authorized

25 to be appropriated into the Defense Vessels Transfer Pro-
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1 gram Account such sums as may be necessary for paying

2 the costs (as defined in section 502 of the Congressional

3 Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale

4 transfers authorized by subsection (b). Amounts so appro5 priated shall be available only for the purpose of paying

6 those costs.

7 (e) GRANTS NOT COUNTED IN ANNUAL TOTAL OF

8 TRANSFERRED EXCESS DEFENSE ARTICLES.—The value

9 of a vessel transferred to another country on a grant basis

10 under section 516 of the Foreign Assistance Act of 1961

11 (22 U.S.C. 2321j) pursuant to authority provided by sub12 section (a) shall not be counted for the purposes of sub13 section (g) of that section in the aggregate value of excess

14 defense articles transferred to countries under that section

15 in any fiscal year.

16 (f) COSTS OF TRANSFERS.—Any expense incurred by

17 the United States in connection with a transfer authorized

18 by this section shall be charged to the recipient (notwith19 standing section 516(e)(1) of the Foreign Assistance Act

20 of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer

21 authorized to be made on a grant basis under subsection

22 (a)).

23 (g) REPAIR AND REFURBISHMENT IN UNITED

24 STATES SHIPYARDS.—To the maximum extent prac25 ticable, the President shall require, as a condition of the
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1 transfer of a vessel under this section, that the country

2 to which the vessel is transferred have such repair or re3 furbishment of the vessel as is needed, before the vessel

4 joins the naval forces of that country, performed at a ship5 yard located in the United States, including a United

6 States Navy shipyard.

7 (h) EXPIRATION OF AUTHORITY.—The authority to

8 transfer a vessel under this section shall expire at the end

9 of the two-year period beginning on the date of the enact10 ment of this Act.

11 (i) COORDINATION OF PROVISIONS.—(1) If the Secu12 rity Assistance Act of 2000 is enacted before this Act, the

13 provisions of this section shall not take effect.

14 (2) If the Security Assistance Act of 2000 is enacted

15 after this Act, this section shall cease to be in effect upon

16 the enactment of that Act.

17 SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF

18 ALTERNATIVE FORMER NAVAL VESSEL BY

19 GOVERNMENT OF GREECE.

20 (a) AUTHORITY FOR RETRANSFER OF ALTERNATIVE

21 VESSEL.—Section 1012 of the National Defense Author22 ization Act for Fiscal Year 2000 (Public Law 106–65; 113

23 Stat. 740) is amended—

24 (1) in subsection (a), by inserting after ‘‘HS

25 Rodos (ex-USS BOWMAN COUNTY (LST 391))’’
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1 the following: ‘‘, LST 325, or any other former

2 United States LST previously transferred to the

3 Government of Greece that is excess to the needs of

4 that government’’; and

5 (2) in subsection (b)(1), by inserting ‘‘retrans6 ferred under subsection (a)’’ after ‘‘the vessel’’.

7 (b) REPEAL.—Section 1305 of the Arms Control,

8 Nonproliferation, and Security Assistance Act of 1999

9 (113 Stat. 1501A–511) is repealed.

10 Subtitle C—Counter-Drug

11 Activities

12 SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUP13 PORT FOR COUNTER-DRUG ACTIVITIES OF

14 COLOMBIA.

15 (a) EXTENSION OF AUTHORITY.—Section 1033 of

16 the National Defense Authorization Act for Fiscal Year

17 1998 (Public Law 105–85; 111 Stat. 1881) is amended—

18 (1) in subsection (a), by striking ‘‘during fiscal

19 years 1998 through 2002,’’; and

20 (2) in subsection (b)—

21 (A) in paragraph (1), by inserting before

22 the period at the end the following: ‘‘, for fiscal

23 years 1998 through 2002’’; and
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1 (B) in paragraph (2), by inserting before

2 the period at the end the following: ‘‘, for fiscal

3 years 1998 through 2006’’.

4 (b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub5 section (e)(2) of such section is amended by striking

6 ‘‘2002’’ and inserting ‘‘2006’’.

7 SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPEND8 ITURES TO SUPPORT FOREIGN COUNTER9 DRUG ACTIVITIES.

10 Not later than January 1, 2001, the Secretary of De11 fense shall submit to the congressional defense committees

12 a report detailing the expenditure of funds by the Sec13 retary during fiscal year 2000 in direct or indirect support

14 of the counter-drug activities of foreign governments. The

15 report shall include the following for each foreign govern16 ment:

17 (1) The total amount of assistance provided to,

18 or expended on behalf of, the foreign government.

19 (2) A description of the types of counter-drug

20 activities conducted using the assistance.

21 (3) An explanation of the legal authority under

22 which the assistance was provided.
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1 SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUP2 PORT FOR COUNTER-DRUG ACTIVITIES.

3 (a) REQUIREMENT FOR SUBMITTAL OF REC4 OMMENDATIONS.—Not later than February 1, 2001, the

5 Secretary of Defense shall submit to the Committees on

6 Armed Services of the Senate and the House of Represent7 atives the recommendations of the Secretary regarding

8 whether expanded support for counter-drug activities

9 should be authorized under section 1033 of the National

10 Defense Authorization Act for Fiscal Year 1998 (Public

11 Law 105–85; 111 Stat. 1881) for the region that includes

12 the countries that are covered by that authority on the

13 date of the enactment of this Act.

14 (b) CONTENT OF SUBMISSION.—The submission

15 under subsection (a) shall include the following:

16 (1) What, if any, additional countries should be

17 covered.

18 (2) What, if any, additional support should be

19 provided to covered countries, together with the rea20 sons for recommending the additional support.

21 (3) For each country recommended under para22 graph (1), a plan for providing support, including

23 the counter-drug activities proposed to be supported.
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1 SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PRO2 GRAM.

3 (a) REQUIREMENT FOR REVIEW.—The Secretary of

4 Defense shall review the riverine counter-drug program

5 supported under section 1033 of the National Defense Au6 thorization Act for Fiscal Year 1998 (Public Law 105–

7 85; 111 Stat. 1881).

8 (b) REPORT.—Not later than February 1, 2001, the

9 Secretary shall submit a report on the riverine counter10 drug program to the Committees on Armed Services of

11 the Senate and the House of Representatives. The report

12 shall include, for each country receiving support under the

13 riverine counter-drug program, the following:

14 (1) The Assistant Secretary’s assessment of the

15 effectiveness of the program.

16 (2) A recommendation regarding which of the

17 Armed Forces, units of the Armed Forces, or other

18 organizations within the Department of Defense

19 should be responsible for managing the program.

20 (c) DELEGATION OF AUTHORITY.—The Secretary

21 shall require the Assistant Secretary of Defense for Spe22 cial Operations and Low Intensity Conflict to carry out

23 the responsibilities under this section.
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1 SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYS2 TEM.

3 (a) REPORT REQUIRED.—Not later than May 1,

4 2001, The Secretary of Defense shall submit to Congress

5 a report on the status of the Tethered Aerostat Radar

6 System used to conduct counter-drug detection and moni7 toring and border security and air sovereignty operations.

8 The report shall include the following:

9 (1) The status and operational availability of

10 each of the existing sites of the Tethered Aerostat

11 Radar System.

12 (2) A discussion of any plans to close, during

13 the next 5 years, currently operational sites, includ14 ing a review of the justification for each proposed

15 closure.

16 (3) A review of the requirements of other agen17 cies, especially the United States Customs Service,

18 for data derived from the Tethered Aerostat Radar

19 System.

20 (4) A assessment of the value of the Tethered

21 Aerostat Radar System in the conduct of counter22 drug detection and monitoring and border security

23 and air sovereignty operations compared to other

24 surveillance systems available for such operations.

25 (5) The costs associated with the planned

26 standardization of the Tethered Aerostat Radar Sys-
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1 tem and the Secretary’s analysis of that standard2 ization.

3 (b) CONSULTATION.—The Secretary of Defense shall

4 prepare the report in consultation with the Secretary of

5 the Treasury.

6 SEC. 1026. SENSE OF CONGRESS REGARDING USE OF

7 ARMED FORCES FOR COUNTER-DRUG AND

8 COUNTER-TERRORISM ACTIVITIES.

9 It is the sense of Congress that the President should

10 be able to use members of the Army, Navy, Air Force,

11 and Marine Corps to assist law enforcement agencies, to

12 the full extent consistent with section 1385 of title 18,

13 United States Code (commonly known as the Posse Com14 itatus Act), section 375 of title 10, United States Code,

15 and other applicable law, in preventing the entry into the

16 United States of terrorists and drug traffickers, weapons

17 of mass destruction, components of weapons of mass de18 struction, and prohibited narcotics and drugs.

19 Subtitle D—Counterterrorism and

20 Domestic Preparedness

21 SEC. 1031. PREPAREDNESS OF MILITARY INSTALLATION

22 FIRST RESPONDERS FOR INCIDENTS INVOLV23 ING WEAPONS OF MASS DESTRUCTION.

24 (a) REQUIREMENT FOR REPORT.—Not later than 90

25 days after the date of the enactment of this Act, the Sec-
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1 retary of Defense shall submit to Congress a report on

2 the program of the Department of Defense to ensure the

3 preparedness of the first responders of the Department

4 of Defense for incidents involving weapons of mass de5 struction on installations of the Department of Defense.

6 (b) CONTENT OF REPORT.—The report shall include

7 the following:

8 (1) A detailed description of the overall pre9 paredness program.

10 (2) A detailed description of the deficiencies in

11 the preparedness of Department of Defense installa12 tions to respond to an incident involving a weapon

13 of mass destruction, together with a discussion of

14 the actions planned to be taken by the Department

15 of Defense to correct the deficiencies.

16 (3) The schedule and costs associated with the

17 implementation of the preparedness program.

18 (4) The Department’s plan for coordinating the

19 preparedness program with responders in the com20 munities in the localities of the installations.

21 (5) The Department’s plan for promoting the

22 interoperability of the equipment used by the instal23 lation first responders referred to in subsection (a)

24 with the equipment used by the first responders in

25 those communities.
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1 (c) FORM OF REPORT.—The report shall be sub2 mitted in an unclassified form, but may include a classi3 fied annex.

4 (d) DEFINITIONS.—In this section:

5 (1) The term ‘‘first responder’’ means an orga6 nization responsible for responding to an incident in7 volving a weapon of mass destruction.

8 (2) The term ‘‘weapon of mass destruction’’ has

9 the meaning given that term in section 1403(1) of

10 the Defense Against Weapons of Mass Destruction

11 Act of 1996 (50 U.S.C. 2302(1)).

12 SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION

13 CIVIL SUPPORT TEAMS.

14 During fiscal year 2001, the Secretary of Defense

15 shall establish five additional teams designated as Weap16 ons of Mass Destruction Civil Support Teams (for a total

17 of 32 such teams).

18 SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO

19 IMPROVE DOMESTIC PREPAREDNESS TO

20 COMBAT CYBERTERRORISM.

21 (a) ESTABLISHMENT OF PROGRAM.—(1) Chapter

22 148 of title 10, United States Code, is amended by adding

23 at the end the following new subchapter:
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1 ‘‘SUBCHAPTER VII—CRITICAL INFRASTRUC2 TURE PROTECTION LOAN GUARANTEES

‘‘Sec.

‘‘2541. Establishment of loan guarantee program.

‘‘2541a. Fees charged and collected.

‘‘2541b. Administration.

‘‘2541c. Transferability, additional limitations, and definition.

‘‘2541d. Reports.

3 ‘‘§ 2541. Establishment of loan guarantee program

4 ‘‘(a) ESTABLISHMENT.—In order to meet the na5 tional security objectives in section 2501(a) of this title,

6 the Secretary of Defense shall establish a program under

7 which the Secretary may issue guarantees assuring lenders

8 against losses of principal or interest, or both principal

9 and interest, for loans made to qualified commercial firms

10 to fund, in whole or in part, any of the following activities:

11 (1) The improvement of the protection of the

12 critical infrastructure of the commercial firms.

13 (2) The refinancing of improvements previously

14 made to the protection of the critical infrastructure

15 of the commercial firms.

16 ‘‘(b) QUALIFIED COMMERCIAL FIRMS.—For pur17 poses of this section, a qualified commercial firm is a com18 pany or other business entity (including a consortium of

19 such companies or other business entities, as determined

20 by the Secretary) that the Secretary determines—
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1 ‘‘(1) conducts a significant level of its research,

2 development, engineering, and manufacturing activi3 ties in the United States;

4 ‘‘(2) is a company or other business entity the

5 majority ownership or control of which is by United

6 States citizens or is a company or other business of

7 a parent company that is incorporated in a country

8 the government of which—

9 ‘‘(A) encourages the participation of firms

10 so owned or controlled in research and develop11 ment consortia to which the government of that

12 country provides funding directly or provides

13 funding indirectly through international organi14 zations or agreements; and

15 ‘‘(B) affords adequate and effective protec16 tion for the intellectual property rights of com17 panies incorporated in the United States;

18 ‘‘(3) provides technology products or services

19 critical to the operations of the Department of De20 fense;

21 ‘‘(4) meets standards of prevention of

22 cyberterrorism applicable to the Department of De23 fense; and

24 ‘‘(5) agrees to submit the report required under

25 section 2541d of this title.
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1 ‘‘(c) LOAN LIMITS.—The maximum amount of loan

2 principal guaranteed during a fiscal year under this sec3 tion may not exceed $10,000,000, with respect to all bor4 rowers.

5 ‘‘(d) GOALS AND STANDARDS.—The Secretary shall

6 prescribe regulations setting forth goals for the use of the

7 loan guarantees provided under this section and standards

8 for evaluating whether those goals are met by each entity

9 receiving such loan guarantees.

10 ‘‘(e) AUTHORITY SUBJECT TO PROVISIONS OF AP11 PROPRIATIONS.—The Secretary may guarantee a loan

12 under this subchapter only to such extent or in such

13 amounts as may be provided in advance in appropriations

14 Acts.

15 ‘‘§ 2541a. Fees charged and collected

16 ‘‘(a) FEE REQUIRED.—The Secretary of Defense

17 shall assess a fee for providing a loan guarantee under

18 this subchapter.

19 ‘‘(b) AMOUNT OF FEE.—The amount of the fee shall

20 be not less than 75 percent of the amount incurred by

21 the Secretary to provide the loan guarantee.

22 ‘‘(c) SPECIAL ACCOUNT.—(1) Such fees shall be cred23 ited to a special account in the Treasury.

24 ‘‘(2) Amounts in the special account shall be avail25 able, to the extent and in amounts provided in appropria-
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1 tions Acts, for paying the costs of administrative expenses

2 of the Department of Defense that are attributable to the

3 loan guarantee program under this subchapter.

4 ‘‘(3)(A) If for any fiscal year amounts in the special

5 account established under paragraph (1) are not available

6 (or are not anticipated to be available) in a sufficient

7 amount for administrative expenses of the Department of

8 Defense for that fiscal year that are directly attributable

9 to the administration of the program under this sub10 chapter, the Secretary may use amounts currently avail11 able for operations and maintenance for Defense-wide ac12 tivities, not to exceed $500,000 in any fiscal year, for

13 those expenses.

14 ‘‘(B) The Secretary shall, from funds in the special

15 account established under paragraph (1), replenish oper16 ations and maintenance accounts for amounts expended

17 under subparagraph (A).

18 ‘‘§ 2541b. Administration

19 ‘‘(a) AGREEMENTS REQUIRED.—The Secretary of

20 Defense may enter into one or more agreements, each with

21 an appropriate Federal or private entity, under which such

22 entity may, under this subchapter—

23 ‘‘(1) process applications for loan guarantees;

24 ‘‘(2) administer repayment of loans; and
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1 ‘‘(3) provide any other services to the Secretary

2 to administer this subchapter.

3 ‘‘(b) TREATMENT OF COSTS.—The costs of such

4 agreements shall be considered, for purposes of the special

5 account established under section 2541a(c), to be costs of

6 administrative expenses of the Department of Defense

7 that are attributable to the loan guarantee program under

8 this subchapter.

9 ‘‘§ 2541c. Transferability, additional limitations, and

10 definition

11 ‘‘The following provisions of subtitle VI of this chap12 ter apply to guarantees issued under this subtitle:

13 ‘‘(1) Section 2540a, relating to transferability

14 of guarantees.

15 ‘‘(2) Subsections (b) and (c) of section 2540b,

16 providing limitations.

17 ‘‘(3) Section 2540d(2), providing a definition of

18 the term ‘cost’.

19 ‘‘§ 2541d. Reports

20 ‘‘(a) REPORT BY COMMERCIAL FIRMS TO SECRETARY

21 OF DEFENSE.—The Secretary of Defense shall require

22 each qualified commercial firm for which a loan is guaran23 teed under this subchapter to submit to the Secretary a

24 report on the improvements financed or refinanced with

25 the loan. The report shall include an assessment of the
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1 value of the improvements for the protection of the critical

2 infrastructure of that commercial firm. The Secretary

3 shall prescribe the time for submitting the report.

4 ‘‘(b) ANNUAL REPORT BY SECRETARY OF DEFENSE

5 TO CONGRESS.—Not later than March 1 of each year in

6 which guarantees are made under this subchapter, the

7 Secretary of Defense shall submit to Congress a report

8 on the loan guarantee program under this subchapter. The

9 report shall include the following:

10 ‘‘(1) The amounts of the loans for which guar11 antees were issued during the year preceding the

12 year of the report.

13 ‘‘(2) The success of the program in improving

14 the protection of the critical infrastructure of the

15 commercial firms covered by the guarantees.

16 ‘‘(3) The relationship of the loan guarantee pro17 gram to the critical infrastructure protection pro18 gram of the Department of Defense, together with

19 an assessment of the extent to which the loan guar20 antee program supports the critical infrastructure

21 protection program.

22 ‘‘(4) Any other information on the loan guar23 antee program that the Secretary considers appro24 priate to include in the report.’’.
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1 (2) The table of subchapters at the beginning of such

2 chapter is amended by adding at the end the following

3 new item:

‘‘VII. Critical Infrastructure Protection Loan Guarantees ...................... 2541’’.

4 (b) REDESIGNATION OF DISPLACED SECTIONS.—(1)

5 Sections 2541 through 2554 of chapter 152 of title 10,

6 United States Code, are redesignated as sections 2551

7 through 2564, respectively.

8 (2) The items in the table of sections at the beginning

9 of chapter 152 of such title are revised to reflect the redes10 ignations made by paragraph (1).

11 (c) CONFORMING AMENDMENTS.—(1) Subsection

12 (c)(3)(C) of section 2561 of such title, as redesignated by

13 subsection (b), is amended by striking ‘‘section 2547’’ and

14 inserting ‘‘section 2557’’.

15 (2) Subsection (b) of section 2562 of such title, as

16 so redesignated, is amended by striking ‘‘section 2547’’

17 and inserting ‘‘section 2557’’.

18 (3) Section 7300 of such title is amended by striking

19 ‘‘section 2553’’ and inserting ‘‘section 2563’’.

20 SEC. 1034. REPORT ON THE STATUS OF DOMESTIC PRE21 PAREDNESS AGAINST THE THREAT OF BIO22 LOGICAL TERRORISM.

23 (a) REPORT REQUIRED.—Not later than March 31,

24 2001, the President shall submit to Congress a report on
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1 domestic preparedness against the threat of biological ter2 rorism.

3 (b) REPORT ELEMENTS.—The report shall address

4 the following:

5 (1) The current state of United States pre6 paredness to defend against a biologic attack.

7 (2) The roles that various Federal agencies cur8 rently play, and should play, in preparing for, and

9 defending against, such an attack.

10 (3) The roles that State and local agencies and

11 public health facilities currently play, and should

12 play, in preparing for, and defending against, such

13 an attack.

14 (4) The advisability of establishing an intergov15 ernmental task force to assist in preparations for

16 such an attack.

17 (5) The potential role of advanced communica18 tions systems in aiding domestic preparedness

19 against such an attack.

20 (6) The potential for additional research and

21 development in biotechnology to aid domestic pre22 paredness against such an attack.

23 (7) Other measures that should be taken to aid

24 domestic preparedness against such an attack.
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1 (8) The financial resources necessary to support

2 efforts for domestic preparedness against such an

3 attack.

4 (9) The deficiencies and vulnerabilities in the

5 United States public health system for dealing with

6 the consequences of a biological terrorist attack on

7 the United States, and current plans to address

8 those deficiencies and vulnerabilities.

9 (c) INTELLIGENCE ESTIMATE.—(1) Not later than

10 March 1, 2001, the Secretary of Defense shall submit to

11 Congress an intelligence estimate, prepared in consulta12 tion with the Director of Central Intelligence,

13 containing—

14 (A) an assessment of the threat to the United

15 States posed by a terrorist using a biological weap16 on; and

17 (B) an assessment of the relative consequences

18 of an attack against the United States by a terrorist

19 using a biological weapon compared with the con20 sequences of an attack against the United States by

21 a terrorist using a weapon that is a weapon of mass

22 destruction other than a biological weapon or that is

23 a conventional weapon.

24 (2) The intelligence estimate submitted under para25 graph (1) shall include a comparison of—
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1 (A) the likelihood of the threat of a terrorist at2 tack against the United States through the use of a

3 biological weapon, with

4 (B) the likelihood of the threat of a terrorist at5 tack against the United States through the use of a

6 weapon that is a weapon of mass destruction other

7 than a biological weapon or that is a conventional

8 weapon.

9 SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PRO10 GRAMS TO COMBAT DOMESTIC TERRORISM.

11 Not later than 180 days after the date of the enact12 ment of this Act, the Comptroller General of the United

13 States shall submit to the Committees on Armed Services

14 of the Senate and the House of Representatives a report

15 on the strategy, policies, and programs of the United

16 States for combating domestic terrorism, and in particular

17 domestic terrorism involving weapons of mass destruction.

18 The report shall document the progress and problems ex19 perienced by the Federal Government in organizing and

20 preparing to respond to domestic terrorist incidents.

21 Subtitle E—Strategic Forces

22 SEC. 1041. REVISED NUCLEAR POSTURE REVIEW.

23 (a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—

24 In order to clarify United States nuclear deterrence policy

25 and strategy for the near term, the Secretary of Defense
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1 shall conduct a comprehensive review of the nuclear pos2 ture of the United States for the next 5 to 10 years. The

3 Secretary shall conduct the review in consultation with the

4 Secretary of Energy.

5 (b) ELEMENTS OF REVIEW.—The nuclear posture re6 view shall include the following elements:

7 (1) The role of nuclear forces in United States

8 military strategy, planning, and programming.

9 (2) The policy requirements and objectives for

10 the United States to maintain a safe, reliable, and

11 credible nuclear deterrence posture.

12 (3) The relationship among United States nu13 clear deterrence policy, targeting strategy, and arms

14 control objectives.

15 (4) The levels and composition of the nuclear

16 delivery systems that will be required for imple17 menting the United States national and military

18 strategy, including any plans for replacing or modi19 fying existing systems.

20 (5) The nuclear weapons complex that will be

21 required for implementing the United States na22 tional and military strategy, including any plans to

23 modernize or modify the complex.

24 (6) The active and inactive nuclear weapons

25 stockpile that will be required for implementing the
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1 United States national and military strategy, includ2 ing any plans for replacing or modifying warheads.

3 (c) REPORT TO CONGRESS.—The Secretary of De4 fense shall submit to Congress, in unclassified and classi5 fied forms as necessary, a report on the results of the nu6 clear posture review conducted under this section. The re7 port shall be submitted concurrently with the Quadrennial

8 Defense Review report due in December 2001.

9 (d) SENSE OF CONGRESS.—It is the sense of Con10 gress that the nuclear posture review conducted under this

11 section should be used as the basis for establishing future

12 United States arms control objectives and negotiating po13 sitions.

14 SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND

15 MODERNIZATION OF UNITED STATES STRA16 TEGIC NUCLEAR FORCES.

17 (a) REQUIREMENT FOR PLAN.—The Secretary of De18 fense, in consultation with the Secretary of Energy, shall

19 develop a long-range plan for the sustainment and mod20 ernization of United States strategic nuclear forces to

21 counter emerging threats and satisfy the evolving require22 ments of deterrence.

23 (b) ELEMENTS OF PLAN.—The plan specified under

24 subsection (a) shall include the Secretary’s plans, if any,

25 for the sustainment and modernization of the following:
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1 (1) Land-based and sea-based strategic ballistic

2 missiles, including any plans for developing replace3 ments for the Minuteman III intercontinental bal4 listic missile and the Trident II sea-launched bal5 listic missile and plans for common ballistic missile

6 technology development.

7 (2) Strategic nuclear bombers, including any

8 plans for a B–2 follow-on, a B–52 replacement, and

9 any new air-launched weapon systems.

10 (3) Appropriate warheads to outfit the strategic

11 nuclear delivery systems referred to in paragraphs

12 (1) and (2) to satisfy evolving military requirements.

13 (c) SUBMITTAL OF PLAN.—The plan specified under

14 subsection (a) shall be submitted to Congress not later

15 than April 15, 2001. The plan shall be submitted in un16 classified and classified forms, as necessary.

17 SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHOR18 ITY FOR LIMITATION ON RETIREMENT OR

19 DISMANTLEMENT OF STRATEGIC NUCLEAR

20 DELIVERY SYSTEMS.

21 Section 1302(b) of the National Defense Authoriza22 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

23 Stat. 1948), as amended by section 1501(a) of the Na24 tional Defense Authorization Act for Fiscal Year 2000

25 (Public Law 106–65; 113 Stat. 806), is further amended
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1 by striking ‘‘the application of the limitation in effect

2 under paragraph (1)(B) or (3) of subsection (a), as the

3 case may be,’’ and inserting ‘‘the application of the limita4 tion in effect under subsection (a) to a strategic nuclear

5 delivery system’’.

6 SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND

7 DEEPLY BURIED TARGETS.

8 (a) STUDY.—The Secretary of Defense shall, in con9 junction with the Secretary of Energy, conduct a study

10 relating to the defeat of hardened and deeply buried tar11 gets. Under the study, the Secretaries shall—

12 (1) review—

13 (A) the requirements of the United States

14 to defeat hardened and deeply buried targets

15 and stockpiles of chemical and biological agents

16 and related capabilities; and

17 (B) current and future plans to meet those

18 requirements;

19 (2) determine if those plans adequately address

20 all such requirements;

21 (3) identify potential future hardened and deep22 ly buried targets and other related targets;

23 (4) determine what resources and research and

24 development efforts are needed to defeat the targets

25 identified under paragraph (3) as well as other re-
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1 quirements to defeat stockpiles of chemical and bio2 logical agents and related capabilities;

3 (5) assess both current and future options to

4 defeat hardened and deeply buried targets as well as

5 concepts to defeat stockpiles of chemical and biologi6 cal agents and related capabilities; and

7 (6) determine the capability and cost of each

8 option assessed under paragraph (5).

9 (b) CONDUCT OF ASSESSMENTS.—In conducting the

10 study under subsection (a), the Secretaries may, in order

11 to perform the assessments required by paragraph (5) of

12 that subsection, conduct any limited research and develop13 ment that may be necessary to perform those assessments.

14 (c) REPORT.—(1) Not later than July 1, 2001, the

15 Secretary of Defense shall submit to the Committee on

16 Armed Services of the Senate and the Committee on

17 Armed Services of the House of Representatives a report

18 on the results of the study conducted under subsection (a).

19 The report shall be prepared in conjunction with the Sec20 retary of Energy.

21 (2) The report under paragraph (1) shall be sub22 mitted in unclassified form, together with a classified

23 annex if necessary.
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1 SEC. 1045. SENSE OF CONGRESS ON THE MAINTENANCE OF

2 THE STRATEGIC NUCLEAR TRIAD.

3 It is the sense of Congress that, in light of the poten4 tial for further arms control agreements with the Russian

5 Federation limiting strategic forces—

6 (1) it is in the national interest of the United

7 States to maintain a robust and balanced triad of

8 strategic nuclear delivery vehicles, including (A)

9 long-range bombers, (B) land-based intercontinental

10 ballistic missiles (ICBMs), and (C) ballistic missile

11 submarines; and

12 (2) reductions to United States conventional

13 bomber capability are not in the national interest of

14 the United States.

15 Subtitle F—Miscellaneous

16 Reporting Requirements

17 SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL

18 FUND ACTIVITIES.

19 (a) COMPTROLLER GENERAL REVIEW REQUIRED.—

20 The Comptroller General shall conduct a review of the

21 working-capital fund activities of the Department of De22 fense to identify any potential changes in current manage23 ment processes or policies that, if made, would result in

24 a more efficient and economical operation of those activi25 ties.
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1 (b) REVIEW TO INCLUDE CARRYOVER POLICY.—The

2 review shall include a review of practices under the De3 partment of Defense policy that authorizes funds available

4 for working-capital fund activities for one fiscal year to

5 be obligated for work to be performed at such activities

6 within the first 90 days of the next fiscal year (known

7 as ‘‘carryover’’). On the basis of the review, the Comp8 troller General shall determine the following:

9 (1) The extent to which the working-capital

10 fund activities of the Department of Defense have

11 complied with the 90-day carryover policy.

12 (2) The reasons for the carryover authority

13 under the policy to apply to as much as a 90-day

14 quantity of work.

15 (3) Whether applying the carryover authority to

16 not more than a 30-day quantity of work would be

17 sufficient to ensure uninterrupted operations at the

18 working-capital fund activities early in a fiscal year.

19 (4) What, if any, savings could be achieved by

20 restricting the carryover authority so as to apply to

21 a 30-day quantity of work.

22 SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VES23 SELS.

24 (a) REQUIREMENT.—The Secretary of the Navy shall

25 submit to Congress, together with the submission of the
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1 budget of the President for fiscal year 2002 under section

2 1105 of title 31, United States Code, a report on the plan

3 of the Navy for providing for submarine rescue support

4 vessels through fiscal year 2007.

5 (b) CONTENT.—The report shall include a discussion

6 of the following:

7 (1) The requirement for submarine rescue sup8 port vessels through fiscal year 2007, including ex9 perience in changing from the provision of such ves10 sels from dedicated platforms to the provision of

11 such vessels through vessel of opportunity services

12 and charter vessels.

13 (2) The resources required, the risks to subma14 riners, and the operational impacts of the following:

15 (A) Chartering submarine rescue support

16 vessels for terms of up to five years, with op17 tions to extend the charters for two additional

18 five-year periods.

19 (B) Providing submarine rescue support

20 vessels using vessel of opportunity services.

21 (C) Providing submarine rescue support

22 services through other means considered by the

23 Navy.
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1 SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS

2 IN DEVELOPING INFORMATION ASSURANCE

3 STRATEGIES.

4 Not later than January 15, 2001, the President shall

5 submit to Congress a comprehensive report detailing the

6 specific steps taken by the Federal Government as of the

7 date of the report to develop critical infrastructure assur8 ance strategies as outlined by Presidential Decision Direc9 tive No. 63 (PDD–63). The report shall include the fol10 lowing:

11 (1) A detailed summary of the progress of each

12 Federal agency in developing an internal information

13 assurance plan.

14 (2) The progress of Federal agencies in estab15 lishing partnerships with relevant private sector in16 dustries to address critical infrastructure

17 vulnerabilities.

18 SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECI19 SIONMAKING IN CASES OF FALSE CLAIMS.

20 Not later than February 1, 2001, the Secretary of

21 Defense shall submit to Congress a report describing the

22 policies and procedures for Department of Defense deci23 sionmaking on issues arising under sections 3729 through

24 3733 of title 31, United States Code, in cases of claims

25 submitted to the Department of Defense that are sus26 pected or alleged to be false. The report shall include a
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1 discussion of any changes that have been made in the poli2 cies and procedures since January 1, 2000, and how such

3 procedures are being implemented.

4 Subtitle G—Government

5 Information Security Reform

6 SEC. 1061. COORDINATION OF FEDERAL INFORMATION

7 POLICY.

8 Chapter 35 of title 44, United States Code, is amend9 ed by inserting at the end the following new subchapter:

10 ‘‘SUBCHAPTER II—INFORMATION SECURITY

11 ‘‘§ 3531. Purposes

12 ‘‘The purposes of this subchapter are the following:

13 ‘‘(1) To provide a comprehensive framework for

14 establishing and ensuring the effectiveness of con15 trols over information resources that support Fed16 eral operations and assets.

17 ‘‘(2)(A) To recognize the highly networked na18 ture of the Federal computing environment including

19 the need for Federal Government interoperability

20 and, in the implementation of improved security

21 management measures, assure that opportunities for

22 interoperability are not adversely affected.

23 ‘‘(B) To provide effective Government-wide

24 management and oversight of the related informa25 tion security risks, including coordination of infor-
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1 mation security efforts throughout the civilian, na2 tional security, and law enforcement communities.

3 ‘‘(3) To provide for development and mainte4 nance of minimum controls required to protect Fed5 eral information and information systems.

6 ‘‘(4) To provide a mechanism for improved

7 oversight of Federal agency information security

8 programs.

9 ‘‘§ 3532. Definitions

10 ‘‘(a) Except as provided under subsection (b), the

11 definitions under section 3502 shall apply to this sub12 chapter.

13 ‘‘(b) In this subchapter:

14 ‘‘(1) The term ‘information technology’ has the

15 meaning given that term in section 5002 of the

16 Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

17 ‘‘(2) The term ‘mission critical system’ means

18 any telecommunications or information system used

19 or operated by an agency or by a contractor of an

20 agency, or other organization on behalf of an agen21 cy, that—

22 ‘‘(A) is defined as a national security sys23 tem under section 5142 of the Clinger-Cohen

24 Act of 1996 (40 U.S.C. 1452);
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1 ‘‘(B) is protected at all times by proce2 dures established for information which has

3 been specifically authorized under criteria es4 tablished by an Executive order or an Act of

5 Congress to be classified in the interest of na6 tional defense or foreign policy; or

7 ‘‘(C) processes any information, the loss,

8 misuse, disclosure, or unauthorized access to or

9 modification of, would have a debilitating im10 pact on the mission of an agency.

11 ‘‘§ 3533. Authority and functions of the Director

12 ‘‘(a)(1) The Director shall establish Government-wide

13 policies for the management of programs that—

14 ‘‘(A) support the cost-effective security of Fed15 eral information systems by promoting security as

16 an integral component of each agency’s business op17 erations; and

18 ‘‘(B) include information technology architec19 tures as defined under section 5125 of the Clinger20 Cohen Act of 1996 (40 U.S.C. 1425).

21 ‘‘(2) Policies under this subsection shall—

22 ‘‘(A) be founded on a continuing risk manage23 ment cycle that recognizes the need to—

24 ‘‘(i) identify, assess, and understand risk;

25 and
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1 ‘‘(ii) determine security needs commensu2 rate with the level of risk;

3 ‘‘(B) implement controls that adequately ad4 dress the risk;

5 ‘‘(C) promote continuing awareness of informa6 tion security risk; and

7 ‘‘(D) continually monitor and evaluate policy

8 and control effectiveness of information security

9 practices.

10 ‘‘(b) The authority under subsection (a) includes the

11 authority to—

12 ‘‘(1) oversee and develop policies, principles,

13 standards, and guidelines for the handling of Fed14 eral information and information resources to im15 prove the efficiency and effectiveness of govern16 mental operations, including principles, policies, and

17 guidelines for the implementation of agency respon18 sibilities under applicable law for ensuring the pri19 vacy, confidentiality, and security of Federal infor20 mation;

21 ‘‘(2) consistent with the standards and guide22 lines promulgated under section 5131 of the Clinger23 Cohen Act of 1996 (40 U.S.C. 1441) and sections

24 5 and 6 of the Computer Security Act of 1987 (40

25 U.S.C. 1441 note; Public Law 100–235; 101 Stat.
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1 1729), require Federal agencies to identify and af2 ford security protections commensurate with the risk

3 and magnitude of the harm resulting from the loss,

4 misuse, or unauthorized access to or modification of

5 information collected or maintained by or on behalf

6 of an agency;

7 ‘‘(3) direct the heads of agencies to—

8 ‘‘(A) identify, use, and share best security

9 practices;

10 ‘‘(B) develop an agency-wide information

11 security plan;

12 ‘‘(C) incorporate information security prin13 ciples and practices throughout the life cycles of

14 the agency’s information systems; and

15 ‘‘(D) ensure that the agency’s information

16 security plan is practiced throughout all life cy17 cles of the agency’s information systems;

18 ‘‘(4) oversee the development and implementa19 tion of standards and guidelines relating to security

20 controls for Federal computer systems by the Sec21 retary of Commerce through the National Institute

22 of Standards and Technology under section 5131 of

23 the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)

24 and section 20 of the National Institute of Stand25 ards and Technology Act (15 U.S.C. 278g–3);
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1 ‘‘(5) oversee and coordinate compliance with

2 this section in a manner consistent with—

3 ‘‘(A) sections 552 and 552a of title 5;

4 ‘‘(B) sections 20 and 21 of the National

5 Institute of Standards and Technology Act (15

6 U.S.C. 278g–3 and 278g–4);

7 ‘‘(C) section 5131 of the Clinger-Cohen

8 Act of 1996 (40 U.S.C. 1441);

9 ‘‘(D) sections 5 and 6 of the Computer Se10 curity Act of 1987 (40 U.S.C. 1441 note; Pub11 lic Law 100–235; 101 Stat. 1729); and

12 ‘‘(E) related information management

13 laws; and

14 ‘‘(6) take any authorized action under section

15 5113(b)(5) of the Clinger-Cohen Act of 1996 (40

16 U.S.C. 1413(b)(5)) that the Director considers ap17 propriate, including any action involving the budg18 etary process or appropriations management process,

19 to enforce accountability of the head of an agency

20 for information resources management, including the

21 requirements of this subchapter, and for the invest22 ments made by the agency in information tech23 nology, including—

24 ‘‘(A) recommending a reduction or an in25 crease in any amount for information resources
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1 that the head of the agency proposes for the

2 budget submitted to Congress under section

3 1105(a) of title 31;

4 ‘‘(B) reducing or otherwise adjusting ap5 portionments and reapportionments of appro6 priations for information resources; and

7 ‘‘(C) using other authorized administrative

8 controls over appropriations to restrict the

9 availability of funds for information resources.

10 ‘‘(c) The authorities of the Director under this sec11 tion (other than the authority described in subsection

12 (b)(6))—

13 ‘‘(1) shall be delegated to the Secretary of De14 fense, the Director of Central Intelligence, and an15 other agency head as designated by the President in

16 the case of systems described under subparagraphs

17 (A) and (B) of section 3532(b)(2);

18 ‘‘(2) shall be delegated to the Secretary of De19 fense in the case of systems described under sub20 paragraph (C) of section 3532(b)(2) that are oper21 ated by the Department of Defense, a contractor of

22 the Department of Defense, or another entity on be23 half of the Department of Defense; and

24 ‘‘(3) in the case of all other Federal informa25 tion systems, may be delegated only to the Deputy
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1 Director for Management of the Office of Manage2 ment and Budget.

3 ‘‘§ 3534. Federal agency responsibilities

4 ‘‘(a) The head of each agency shall—

5 ‘‘(1) be responsible for—

6 ‘‘(A) adequately ensuring the integrity,

7 confidentiality, authenticity, availability, and

8 nonrepudiation of information and information

9 systems supporting agency operations and as10 sets;

11 ‘‘(B) developing and implementing infor12 mation security policies, procedures, and control

13 techniques sufficient to afford security protec14 tions commensurate with the risk and mag15 nitude of the harm resulting from unauthorized

16 disclosure, disruption, modification, or destruc17 tion of information collected or maintained by

18 or for the agency; and

19 ‘‘(C) ensuring that the agency’s informa20 tion security plan is practiced throughout the

21 life cycle of each agency system;

22 ‘‘(2) ensure that appropriate senior agency offi23 cials are responsible for—

24 ‘‘(A) assessing the information security

25 risks associated with the operations and assets
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1 for programs and systems over which such offi2 cials have control;

3 ‘‘(B) determining the levels of information

4 security appropriate to protect such operations

5 and assets; and

6 ‘‘(C) periodically testing and evaluating in7 formation security controls and techniques;

8 ‘‘(3) delegate to the agency Chief Information

9 Officer established under section 3506, or a com10 parable official in an agency not covered by such

11 section, the authority to administer all functions

12 under this subchapter including—

13 ‘‘(A) designating a senior agency informa14 tion security official who shall report to the

15 Chief Information Officer or a comparable offi16 cial;

17 ‘‘(B) developing and maintaining an agen18 cywide information security program as re19 quired under subsection (b);

20 ‘‘(C) ensuring that the agency effectively

21 implements and maintains information security

22 policies, procedures, and control techniques;

23 ‘‘(D) training and overseeing personnel

24 with significant responsibilities for information
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1 security with respect to such responsibilities;

2 and

3 ‘‘(E) assisting senior agency officials con4 cerning responsibilities under paragraph (2);

5 ‘‘(4) ensure that the agency has trained per6 sonnel sufficient to assist the agency in complying

7 with the requirements of this subchapter and related

8 policies, procedures, standards, and guidelines; and

9 ‘‘(5) ensure that the agency Chief Information

10 Officer, in coordination with senior agency officials,

11 periodically—

12 ‘‘(A)(i) evaluates the effectiveness of the

13 agency information security program, including

14 testing control techniques; and

15 ‘‘(ii) implements appropriate remedial ac16 tions based on that evaluation; and

17 ‘‘(B) reports to the agency head on—

18 ‘‘(i) the results of such tests and eval19 uations; and

20 ‘‘(ii) the progress of remedial actions.

21 ‘‘(b)(1) Each agency shall develop and implement an

22 agencywide information security program to provide infor23 mation security for the operations and assets of the agen24 cy, including operations and assets provided or managed

25 by another agency.
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1 ‘‘(2) Each program under this subsection shall

2 include—

3 ‘‘(A) periodic risk assessments that consider in4 ternal and external threats to—

5 ‘‘(i) the integrity, confidentiality, and

6 availability of systems; and

7 ‘‘(ii) data supporting critical operations

8 and assets;

9 ‘‘(B) policies and procedures that—

10 ‘‘(i) are based on the risk assessments re11 quired under subparagraph (A) that cost-effec12 tively reduce information security risks to an

13 acceptable level; and

14 ‘‘(ii) ensure compliance with—

15 ‘‘(I) the requirements of this sub16 chapter;

17 ‘‘(II) policies and procedures as may

18 be prescribed by the Director; and

19 ‘‘(III) any other applicable require20 ments;

21 ‘‘(C) security awareness training to inform per22 sonnel of—

23 ‘‘(i) information security risks associated

24 with the activities of personnel; and
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1 ‘‘(ii) responsibilities of personnel in com2 plying with agency policies and procedures de3 signed to reduce such risks;

4 ‘‘(D) periodic management testing and evalua5 tion of the effectiveness of information security poli6 cies and procedures;

7 ‘‘(E) a process for ensuring remedial action to

8 address any significant deficiencies; and

9 ‘‘(F) procedures for detecting, reporting, and

10 responding to security incidents, including—

11 ‘‘(i) mitigating risks associated with such

12 incidents before substantial damage occurs;

13 ‘‘(ii) notifying and consulting with law en14 forcement officials and other offices and au15 thorities;

16 ‘‘(iii) notifying and consulting with an of17 fice designated by the Administrator of General

18 Services within the General Services Adminis19 tration; and

20 ‘‘(iv) notifying and consulting with an of21 fice designated by the Secretary of Defense, the

22 Director of Central Intelligence, and another

23 agency head as designated by the President for

24 incidents involving systems described under
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1 subparagraphs (A) and (B) of section

2 3532(b)(2).

3 ‘‘(3) Each program under this subsection is subject

4 to the approval of the Director and is required to be re5 viewed at least annually by agency program officials in

6 consultation with the Chief Information Officer. In the

7 case of systems described under subparagraphs (A) and

8 (B) of section 3532(b)(2), the Director shall delegate ap9 proval authority under this paragraph to the Secretary of

10 Defense, the Director of Central Intelligence, and another

11 agency head as designated by the President.

12 ‘‘(c)(1) Each agency shall examine the adequacy and

13 effectiveness of information security policies, procedures,

14 and practices in plans and reports relating to—

15 ‘‘(A) annual agency budgets;

16 ‘‘(B) information resources management under

17 subchapter I of this chapter;

18 ‘‘(C) performance and results based manage19 ment under the Clinger-Cohen Act of 1996 (40

20 U.S.C. 1401 et seq.);

21 ‘‘(D) program performance under sections 1105

22 and 1115 through 1119 of title 31, and sections

23 2801 through 2805 of title 39; and

24 ‘‘(E) financial management under—
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1 ‘‘(i) chapter 9 of title 31, United States

2 Code, and the Chief Financial Officers Act of

3 1990 (31 U.S.C. 501 note; Public Law 101–

4 576) (and the amendments made by that Act);

5 ‘‘(ii) the Federal Financial Management

6 Improvement Act of 1996 (31 U.S.C. 3512

7 note) (and the amendments made by that Act);

8 and

9 ‘‘(iii) the internal controls conducted under

10 section 3512 of title 31.

11 ‘‘(2) Any significant deficiency in a policy, procedure,

12 or practice identified under paragraph (1) shall be re13 ported as a material weakness in reporting required under

14 the applicable provision of law under paragraph (1).

15 ‘‘(d)(1) In addition to the requirements of subsection

16 (c), each agency, in consultation with the Chief Informa17 tion Officer, shall include as part of the performance plan

18 required under section 1115 of title 31 a description of—

19 ‘‘(A) the time periods, and

20 ‘‘(B) the resources, including budget, staffing,

21 and training,

22 which are necessary to implement the program required

23 under subsection (b)(1).
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1 ‘‘(2) The description under paragraph (1) shall be

2 based on the risk assessment required under subsection

3 (b)(2)(A).

4 ‘‘§ 3535. Annual independent evaluation

5 ‘‘(a)(1) Each year each agency shall have performed

6 an independent evaluation of the information security pro7 gram and practices of that agency.

8 ‘‘(2) Each evaluation by an agency under this section

9 shall include—

10 ‘‘(A) testing of the effectiveness of information

11 security control techniques for an appropriate subset

12 of the agency’s information systems; and

13 ‘‘(B) an assessment (made on the basis of the

14 results of the testing) of the compliance with—

15 ‘‘(i) the requirements of this subchapter;

16 and

17 ‘‘(ii) related information security policies,

18 procedures, standards, and guidelines.

19 ‘‘(3) The Inspector General or the independent eval20 uator performing an evaluation under this section may use

21 an audit, evaluation, or report relating to programs or

22 practices of the applicable agency.

23 ‘‘(b)(1)(A) Subject to subparagraph (B), for agencies

24 with Inspectors General appointed under the Inspector

25 General Act of 1978 (5 U.S.C. App.) or any other law,
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1 the annual evaluation required under this section or, in

2 the case of systems described under subparagraphs (A)

3 and (B) of section 3532(b)(2), an audit of the annual eval4 uation required under this section, shall be performed by

5 the Inspector General or by an independent evaluator, as

6 determined by the Inspector General of the agency.

7 ‘‘(B) For systems described under subparagraphs (A)

8 and (B) of section 3532(b)(2), the evaluation required

9 under this section shall be performed only by an entity

10 designated by the Secretary of Defense, the Director of

11 Central Intelligence, or another agency head as designated

12 by the President.

13 ‘‘(2) For any agency to which paragraph (1) does not

14 apply, the head of the agency shall contract with an inde15 pendent evaluator to perform the evaluation.

16 ‘‘(c) Each year, not later than the anniversary of the

17 date of the enactment of this subchapter, the applicable

18 agency head shall submit to the Director—

19 ‘‘(1) the results of each evaluation required

20 under this section, other than an evaluation of a sys21 tem described under subparagraph (A) or (B) of sec22 tion 3532(b)(2); and

23 ‘‘(2) the results of each audit of an evaluation

24 required under this section of a system described
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1 under subparagraph (A) or (B) of section

2 3532(b)(2).

3 ‘‘(d)(1) The Director shall submit to Congress each

4 year a report summarizing the materials received from

5 agencies pursuant to subsection (c) in that year.

6 ‘‘(2) Evaluations and audits of evaluations of systems

7 under the authority and control of the Director of Central

8 Intelligence and evaluations and audits of evaluation of

9 National Foreign Intelligence Programs systems under the

10 authority and control of the Secretary of Defense shall be

11 made available only to the appropriate oversight commit12 tees of Congress, in accordance with applicable laws.

13 ‘‘(e) Agencies and evaluators shall take appropriate

14 actions to ensure the protection of information, the disclo15 sure of which may adversely affect information security.

16 Such protections shall be commensurate with the risk and

17 comply with all applicable laws.

18 ‘‘§ 3536. Expiration

19 ‘‘This subchapter shall not be in effect after the date

20 that is two years after the date on which this subchapter

21 takes effect.’’.

22 SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.

23 (a) DEPARTMENT OF COMMERCE.—Notwithstanding

24 section 20 of the National Institute of Standards and

25 Technology Act (15 U.S.C. 278g–3) and except as pro-
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1 vided under subsection (b), the Secretary of Commerce,

2 through the National Institute of Standards and Tech3 nology and with technical assistance from the National Se4 curity Agency, as required or when requested, shall—

5 (1) develop, issue, review, and update standards

6 and guidance for the security of Federal information

7 systems, including development of methods and tech8 niques for security systems and validation programs;

9 (2) develop, issue, review, and update guidelines

10 for training in computer security awareness and ac11 cepted computer security practices, with assistance

12 from the Office of Personnel Management;

13 (3) provide agencies with guidance for security

14 planning to assist in the development of applications

15 and system security plans for such agencies;

16 (4) provide guidance and assistance to agencies

17 concerning cost-effective controls when inter18 connecting with other systems; and

19 (5) evaluate information technologies to assess

20 security vulnerabilities and alert Federal agencies of

21 such vulnerabilities as soon as those vulnerabilities

22 are known.

23 (b) DEPARTMENT OF DEFENSE AND THE INTEL24 LIGENCE COMMUNITY.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of this subtitle (including any amendment

3 made by this subtitle)—

4 (A) the Secretary of Defense, the Director

5 of Central Intelligence, and another agency

6 head as designated by the President, shall, con7 sistent with their respective authorities—

8 (i) develop and issue information secu9 rity policies, standards, and guidelines for

10 systems described under subparagraphs

11 (A) and (B) of section 3532(b)(2) of title

12 44, United States Code (as added by sec13 tion 1061 of this Act), that provide more

14 stringent protection, to the maximum ex15 tent practicable, than the policies, prin16 ciples, standards, and guidelines required

17 under section 3533 of such title (as added

18 by such section 1061); and

19 (ii) ensure the implementation of the

20 information security policies, principles,

21 standards, and guidelines described under

22 clause (i); and

23 (B) the Secretary of Defense shall, con24 sistent with his authority—
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1 (i) develop and issue information secu2 rity policies, standards, and guidelines for

3 systems described under subparagraph (C)

4 of section 3532(b)(2) of title 44, United

5 States Code (as added by section 1061 of

6 this Act), that are operated by the Depart7 ment of Defense, a contractor of the De8 partment of Defense, or another entity on

9 behalf of the Department of Defense that

10 provide more stringent protection, to the

11 maximum extent practicable, than the poli12 cies, principles, standards, and guidelines

13 required under section 3533 of such title

14 (as added by such section 1061); and

15 (ii) ensure the implementation of the

16 information security policies, principles,

17 standards, and guidelines described under

18 clause (i).

19 (2) MEASURES ADDRESSED.—The policies,

20 principles, standards, and guidelines developed by

21 the Secretary of Defense and the Director of Central

22 Intelligence under paragraph (1) shall address the

23 full range of information assurance measures needed

24 to protect and defend Federal information and infor-
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1 mation systems by ensuring their integrity, confiden2 tiality, authenticity, availability, and nonrepudiation.

3 (c) DEPARTMENT OF JUSTICE.—The Attorney Gen4 eral shall review and update guidance to agencies on—

5 (1) legal remedies regarding security incidents

6 and ways to report to and work with law enforce7 ment agencies concerning such incidents; and

8 (2) lawful uses of security techniques and tech9 nologies.

10 (d) GENERAL SERVICES ADMINISTRATION.—The Ad11 ministrator of General Services shall—

12 (1) review and update General Services Admin13 istration guidance to agencies on addressing security

14 considerations when acquiring information tech15 nology; and

16 (2) assist agencies in—

17 (A) fulfilling agency responsibilities under

18 section 3534(b)(2)(F) of title 44, United States

19 Code (as added by section 1061 of this Act);

20 and

21 (B) the acquisition of cost-effective secu22 rity products, services, and incident response

23 capabilities.

24 (e) OFFICE OF PERSONNEL MANAGEMENT.—The Di25 rector of the Office of Personnel Management shall—
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1 (1) review and update Office of Personnel Man2 agement regulations concerning computer security

3 training for Federal civilian employees;

4 (2) assist the Department of Commerce in up5 dating and maintaining guidelines for training in

6 computer security awareness and computer security

7 best practices; and

8 (3) work with the National Science Foundation

9 and other agencies on personnel and training initia10 tives (including scholarships and fellowships, as au11 thorized by law) as necessary to ensure that the

12 Federal Government—

13 (A) has adequate sources of continuing in14 formation security education and training avail15 able for employees; and

16 (B) has an adequate supply of qualified in17 formation security professionals to meet agency

18 needs.

19 (f) INFORMATION SECURITY POLICIES, PRINCIPLES,

20 STANDARDS, AND GUIDELINES.—

21 (1) ADOPTION OF POLICIES, PRINCIPLES,

22 STANDARDS, AND GUIDELINES OF OTHER AGEN23 CIES.—The policies, principles, standards, and

24 guidelines developed under subsection (b) by the

25 Secretary of Defense, the Director of Central Intel-
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1 ligence, and another agency head as designated by

2 the President may be adopted, to the extent that

3 such policies are consistent with policies and guid4 ance developed by the Director of the Office of Man5 agement and Budget and the Secretary of

6 Commerce—

7 (A) by the Director of the Office of Man8 agement and Budget, as appropriate, for appli9 cation to the mission critical systems of all

10 agencies; or

11 (B) by an agency head, as appropriate, for

12 application to the mission critical systems of

13 that agency.

14 (2) DEVELOPMENT OF MORE STRINGENT POLI15 CIES, PRINCIPLES, STANDARDS, AND GUIDELINES.—

16 To the extent that such policies are consistent with

17 policies and guidance developed by the Director of

18 the Office of Management and Budget and the Sec19 retary of Commerce, an agency may develop and im20 plement information security policies, principles,

21 standards, and guidelines that provide more strin22 gent protection than those required under section

23 3533 of title 44, United States Code (as added by

24 section 1061 of this Act), or subsection (a) of this

25 section.
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1 (g) ATOMIC ENERGY ACT OF 1954.—Nothing in this

2 subtitle (including any amendment made by this subtitle)

3 shall supersede any requirement made by, or under, the

4 Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Re5 stricted Data or Formerly Restricted Data shall be han6 dled, protected, classified, downgraded, and declassified in

7 conformity with the Atomic Energy Act of 1954 (42

8 U.S.C. 2011 et seq.).

9 SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION AS10 SURANCE PROGRAM TO GOVERNMENT-WIDE

11 INFORMATION SECURITY PROGRAM.

12 (a) CONSISTENCY OF REQUIREMENTS.—Subsection

13 (b) of section 2224 of title 10, United States Code, is

14 amended—

15 (1) by striking ‘‘(b) OBJECTIVES OF THE PRO16 GRAM.—’’ and inserting ‘‘(b) OBJECTIVES AND MIN17 IMUM REQUIREMENTS.—(1)’’; and

18 (2) by adding at the end the following:

19 ‘‘(2) The program shall at a minimum meet the re20 quirements of sections 3534 and 3535 of title 44.’’.

21 (b) ADDITION TO ANNUAL REPORT.—Subsection (e)

22 of such section is amended by adding at the end the fol23 lowing new paragraph:
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1 ‘‘(7) A summary of the actions taken in the ad2 ministration of sections 3534 and 3535 of title 44

3 within the Department of Defense.’’.

4 SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.

5 (a) TABLE OF SECTIONS.—Chapter 35 of title 44,

6 United States Code, is amended—

7 (1) in the table of sections—

8 (A) by inserting after the chapter heading

9 the following:

‘‘SUBCHAPTER I—FEDERAL INFORMATION POLICY’’;

10 and

11 (B) by inserting after the item relating to

12 section 3520 the following:

‘‘SUBCHAPTER II—INFORMATION SECURITY

‘‘Sec.

‘‘3531. Purposes.

‘‘3532. Definitions.

‘‘3533. Authority and functions of the Director.

‘‘3534. Federal agency responsibilities.

‘‘3535. Annual independent evaluation.

‘‘3536. Expiration.’’;

13 and

14 (2) by inserting before section 3501 the fol15 lowing:

16 ‘‘SUBCHAPTER I—FEDERAL INFORMATION

17 POLICY’’.

18 (b) REFERENCES TO CHAPTER 35.—Sections 3501

19 through 3520 of title 44, United States Code, are amend20 ed by striking ‘‘chapter’’ each place it appears and insert-
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1 ing ‘‘subchapter’’, except in section 3507(i)(1) of such

2 title.

3 SEC. 1065. EFFECTIVE DATE.

4 This subtitle and the amendments made by this sub5 title shall take effect 30 days after the date of enactment

6 of this Act.

7 Subtitle H—Security Matters

8 SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEAR9 ANCES.

10 (a) IN GENERAL.—Chapter 49 of title 10, United

11 States Code, is amended by adding at the end the fol12 lowing new section:

13 ‘‘§ 986. Security clearances: limitations

14 ‘‘(a) PROHIBITION.—After the date of the enactment

15 of this section, the Department of Defense may not grant

16 or renew a security clearance for a person to whom this

17 section applies who is described in subsection (c).

18 ‘‘(b) COVERED PERSONS.—This section applies to the

19 following persons:

20 ‘‘(1) An officer or employee of the Department

21 of Defense.

22 ‘‘(2) A member of the Army, Navy, Air Force,

23 or Marine Corps who is on active duty or is in an

24 active status.
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1 ‘‘(3) An officer or employee of a contractor of

2 the Department of Defense.

3 ‘‘(c) PERSONS DISQUALIFIED FROM BEING GRANT4 ED SECURITY CLEARANCES.—A person is described in

5 this subsection if any of the following applies to that per6 son:

7 ‘‘(1) The person has been convicted in any

8 court of the United States of a crime and sentenced

9 to imprisonment for a term exceeding one year.

10 ‘‘(2) The person is an unlawful user of, or is

11 addicted to, a controlled substance (as defined in

12 section 102 of the Controlled Substances Act (21

13 U.S.C. 802)).

14 ‘‘(3) The person is mentally incompetent, as de15 termined by a mental health professional approved

16 by the Department of Defense.

17 ‘‘(4) The person has been discharged or dis18 missed from the Armed Forces under dishonorable

19 conditions.

20 ‘‘(d) WAIVER AUTHORITY.—In a meritorious case,

21 the Secretary of Defense or the Secretary of the military

22 department concerned may authorize an exception to the

23 prohibition in subsection (a) for a person described in

24 paragraph (1) or (4) of subsection (c). The authority

25 under the preceding sentence may not be delegated.
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1 ‘‘(e) ANNUAL REPORT.—Not later than February 1

2 each year, the Secretary of Defense shall submit to the

3 Committees on Armed Services of the Senate and House

4 of Representatives a report identifying each waiver issued

5 under subsection (d) during the preceding year with an

6 explanation for each case of the disqualifying factor in

7 subsection (c) that applied, and the reason for the waiver

8 of the disqualification.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of such chapter is amended by adding

11 at the end the following new item:

‘‘986. Security clearances: limitations.’’.

12 SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND IN13 VESTIGATIONS FOR SECURITY CLEARANCES

14 FOR DEPARTMENT OF DEFENSE PERSONNEL

15 AND DEFENSE CONTRACTOR PERSONNEL.

16 (a) ESTABLISHMENT OF PROCESS.—Chapter 80 of

17 title 10, United States Code, is amended by adding after

18 section 1563, as added by section 542(a), the following

19 new section:

20 ‘‘§ 1564. Security clearance investigations

21 ‘‘(a) EXPEDITED PROCESS.—The Secretary of De22 fense shall prescribe a process for expediting the comple23 tion of the background investigations necessary for grant24 ing security clearances for Department of Defense per25 sonnel and Department of Defense contractor personnel
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1 who are engaged in sensitive duties that are critical to the

2 national security.

3 ‘‘(b) REQUIRED FEATURES.—The process developed

4 under subsection (a) shall provide for the following:

5 ‘‘(1) Quantification of the requirements for

6 background investigations necessary for grants of se7 curity clearances for Department of Defense per8 sonnel and Department of Defense contractor per9 sonnel.

10 ‘‘(2) Categorization of personnel on the basis of

11 the degree of sensitivity of their duties and the ex12 tent to which those duties are critical to the national

13 security.

14 ‘‘(3) Prioritization of the processing of back15 ground investigations on the basis of the categories

16 of personnel determined under paragraph (2).

17 ‘‘(c) ANNUAL REVIEW.—The Secretary shall conduct

18 an annual review of the process prescribed under sub19 section (a) and shall revise that process as determined nec20 essary in relation to ongoing Department of Defense mis21 sions.

22 ‘‘(d) CONSULTATION REQUIREMENT.—The Secretary

23 shall consult with the Secretaries of the military depart24 ments and the heads of Defense Agencies in carrying out

25 this section.
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1 ‘‘(e) SENSITIVE DUTIES.—For the purposes of this

2 section, it is not necessary for the performance of duties

3 to involve classified activities or classified matters in order

4 for the duties to be considered sensitive and critical to the

5 national security.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of such chapter is amended by adding

8 after the item relating to section 1563, as added by section

9 542(b), the following new item:

‘‘1564. Security clearance investigations.’’.

10 (c) DEADLINE FOR PRESCRIBING PROCESS FOR

11 PRIORITIZING BACKGROUND INVESTIGATIONS FOR SECU12 RITY CLEARANCES.—The process required by section

13 1564(a) of title 10, United States Code, as added by sub14 section (a), for expediting the completion of the back15 ground investigations necessary for granting security

16 clearances for certain persons shall be prescribed not later

17 than January 1, 2001.

18 SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE

19 INFORMATION FROM PUBLIC DISCLOSURE.

20 (a) IN GENERAL.—Chapter 3 of title 10, United

21 States Code, is amended by inserting after section 130b

22 the following new section:
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1 ‘‘§ 130c. Nondisclosure of information: certain sen2 sitive information of foreign governments

3 and international organizations

4 ‘‘(a) EXEMPTION FROM DISCLOSURE.—The national

5 security official concerned (as defined in subsection (h))

6 may withhold from public disclosure otherwise required by

7 law sensitive information of foreign governments in ac8 cordance with this section.

9 ‘‘(b) INFORMATION ELIGIBLE FOR EXEMPTION.—

10 For the purposes of this section, information is sensitive

11 information of a foreign government only if the national

12 security official concerned makes each of the following de13 terminations with respect to the information:

14 ‘‘(1) That the information was provided by, oth15 erwise made available by, or produced in cooperation

16 with, a foreign government or international organi17 zation.

18 ‘‘(2) That the foreign government or inter19 national organization is withholding the information

20 from public disclosure (relying for that determina21 tion on the written representation of the foreign gov22 ernment or international organization to that effect).

23 ‘‘(3) That any of the following conditions are

24 met:
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1 ‘‘(A) The foreign government or inter2 national organization requests, in writing, that

3 the information be withheld.

4 ‘‘(B) The information was provided or

5 made available to the United States Govern6 ment on the condition that it not be released to

7 the public.

8 ‘‘(C) The information is an item of infor9 mation, or is in a category of information, that

10 the national security official concerned has

11 specified in regulations prescribed under sub12 section (f) as being information the release of

13 which would have an adverse effect on the abil14 ity of the United States Government to obtain

15 the same or similar information in the future.

16 ‘‘(c) INFORMATION OF OTHER AGENCIES.—If the na17 tional security official concerned provides to the head of

18 another agency sensitive information of a foreign govern19 ment, as determined by that national security official

20 under subsection (b), and informs the head of the other

21 agency of that determination, then the head of the other

22 agency shall withhold the information from any public dis23 closure unless that national security official specifically

24 authorizes the disclosure.
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1 ‘‘(d) LIMITATIONS.—(1) If a request for disclosure

2 covers any sensitive information of a foreign government

3 (as described in subsection (b)) that came into the posses4 sion or under the control of the United States Government

5 before the date of the enactment of the Floyd D. Spence

6 National Defense Authorization Act for Fiscal Year 2001

7 and more than 25 years before the request is received by

8 an agency, the information may be withheld only as set

9 forth in paragraph (3).

10 ‘‘(2)(A) If a request for disclosure covers any sen11 sitive information of a foreign government (as described

12 in subsection (b)) that came into the possession or under

13 the control of the United States Government on or after

14 the date referred to in paragraph (1), the authority to

15 withhold the information under this section is subject to

16 the provisions of subparagraphs (B) and (C).

17 ‘‘(B) Information referred to in subparagraph (A)

18 may not be withheld under this section after—

19 ‘‘(i) the date that is specified by a foreign gov20 ernment or international organization in a request

21 or expression of a condition described in paragraph

22 (1) or (2) of subsection (b) that is made by the for23 eign government or international organization con24 cerning the information; or
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1 ‘‘(ii) if there are more than one such foreign

2 governments or international organizations, the lat3 est date so specified by any of them.

4 ‘‘(C) If no date is applicable under subparagraph (B)

5 to a request referred to in subparagraph (A) and the infor6 mation referred to in that subparagraph came into posses7 sion or under the control of the United States more than

8 10 years before the date on which the request is received

9 by an agency, the information may be withheld under this

10 section only as set forth in paragraph (3).

11 ‘‘(3) Information referred to in paragraph (1) or

12 (2)(C) may be withheld under this section in the case of

13 a request for disclosure only if, upon the notification of

14 each foreign government and international organization

15 concerned in accordance with the regulations prescribed

16 under subsection (g)(2), any such government or organiza17 tion requests in writing that the information not be dis18 closed for an additional period stated in the request of

19 that government or organization. After the national secu20 rity official concerned considers the request of the foreign

21 government or international organization, the official shall

22 designate a later date as the date after which the informa23 tion is not to be withheld under this section. The later

24 date may be extended in accordance with a later request
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1 of any such foreign government or international organiza2 tion under this paragraph.

3 ‘‘(e) INFORMATION PROTECTED UNDER OTHER AU4 THORITY.—This section does not apply to information or

5 matters that are specifically required in the interest of na6 tional defense or foreign policy to be protected against un7 authorized disclosure under criteria established by an Ex8 ecutive order and are classified, properly, at the confiden9 tial, secret, or top secret level pursuant to such Executive

10 order.

11 ‘‘(f) DISCLOSURES NOT AFFECTED.—Nothing in this

12 section shall be construed to authorize any official to with13 hold, or to authorize the withholding of, information from

14 the following:

15 ‘‘(1) Congress.

16 ‘‘(2) The Comptroller General, unless the infor17 mation relates to activities that the President des18 ignates as foreign intelligence or counterintelligence

19 activities.

20 ‘‘(g) REGULATIONS.—(1) The national security offi21 cials referred to in subsection (h)(1) shall each prescribe

22 regulations to carry out this section. The regulations shall

23 include criteria for making the determinations required

24 under subsection (b). The regulations may provide for con25 trols on access to and use of, and special markings and
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1 specific safeguards for, a category or categories of infor2 mation subject to this section.

3 ‘‘(2) The regulations shall include procedures for no4 tifying and consulting with each foreign government or

5 international organization concerned about requests for

6 disclosure of information to which this section applies.

7 ‘‘(h) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘national security official con9 cerned’ means the following:

10 ‘‘(A) The Secretary of Defense, with re11 spect to information of concern to the Depart12 ment of Defense, as determined by the Sec13 retary.

14 ‘‘(B) The Secretary of Transportation,

15 with respect to information of concern to the

16 Coast Guard, as determined by the Secretary,

17 but only while the Coast Guard is not operating

18 as a service in the Navy.

19 ‘‘(C) The Secretary of Energy, with re20 spect to information concerning the national se21 curity programs of the Department of Energy,

22 as determined by the Secretary.

23 ‘‘(2) The term ‘agency’ has the meaning given

24 that term in section 552(f) of title 5.
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1 ‘‘(3) The term ‘international organization’

2 means the following:

3 ‘‘(A) A public international organization

4 designated pursuant to section 1 of the Inter5 national Organizations Immunities Act (59

6 Stat. 669; 22 U.S.C. 288) as being entitled to

7 enjoy the privileges, exemptions, and immuni8 ties provided in such Act.

9 ‘‘(B) A public international organization

10 created pursuant to a treaty or other inter11 national agreement as an instrument through

12 or by which two or more foreign governments

13 engage in some aspect of their conduct of inter14 national affairs.

15 ‘‘(C) An official mission, except a United

16 States mission, to a public international organi17 zation referred to in subparagraph (A) or (B).’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 130b the following new

21 item:

‘‘130c. Nondisclosure of information: certain sensitive information of foreign

governments and international organizations.’’.
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1 SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEO2 DETIC PRODUCTS OF THE DEPARTMENT OF

3 DEFENSE FROM PUBLIC DISCLOSURE.

4 Section 455(b)(1)(C) of title 10, United States Code,

5 is amended by striking ‘‘or reveal military operational or

6 contingency plans’’ and inserting ‘‘, reveal military oper7 ational or contingency plans, or reveal, jeopardize, or com8 promise military or intelligence capabilities’’.

9 SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVI10 TIES.

11 (a) IDENTIFICATION IN BUDGET MATERIALS OF

12 AMOUNTS FOR DECLASSIFICATION ACTIVITIES.—Section

13 230 of title 10, United States Code, is amended—

14 (1) by striking ‘‘, as a budgetary line item,’’;

15 and

16 (2) by adding at the end the following new sen17 tence: ‘‘Identification of such amounts in such budg18 et justification materials shall be in a single display

19 that shows the total amount for the Department of

20 Defense and the amount for each military depart21 ment and Defense Agency.’’.

22 (b) LIMITATION ON EXPENDITURES.—The total

23 amount expended by the Department of Defense during

24 fiscal year 2001 to carry out declassification activities

25 under the provisions of sections 3.4, 3.5, and 3.6 of Execu26 tive Order 12958 (50 U.S.C. 435 note) and for special
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1 searches (including costs for document search, copying,

2 and review and imagery analysis) may not exceed

3 $30,000,000.

4 (c) COMPILATION AND ORGANIZATION OF

5 RECORDS.—The Department of Defense may not be re6 quired, when conducting a special search, to compile or

7 organize records that have already been declassified and

8 placed into the public domain.

9 (d) SPECIAL SEARCHES.—For the purpose of this

10 section, the term ‘‘special search’’ means the response of

11 the Department of Defense to any of the following:

12 (1) A statutory requirement to conduct a de13 classification review on a specified set of agency

14 records.

15 (2) An Executive order to conduct a declas16 sification review on a specified set of agency records.

17 (3) An order from the President or an official

18 with delegated authority from the President to con19 duct a declassification review on a specified set of

20 agency records.
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1 SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY

2 RECORD INFORMATION FOR NATIONAL SE3 CURITY AND OTHER PURPOSES

4 (a) COVERAGE OF DEPARTMENT OF TRANSPOR5 TATION.—Section 9101 of title 5, United States Code, is

6 amended—

7 (1) by adding at the end of subsection (a) the

8 following new paragraph:

9 ‘‘(6) The term ‘covered agency’ means any of

10 the following:

11 ‘‘(A) The Department of Defense.

12 ‘‘(B) The Department of State.

13 ‘‘(C) The Department of Transportation.

14 ‘‘(D) The Office of Personnel Manage15 ment.

16 ‘‘(E) The Central Intelligence Agency.

17 ‘‘(F) The Federal Bureau of Investiga18 tion.’’;

19 (2) in subsection (b)(1)—

20 (A) by striking ‘‘by the Department of De21 fense’’ and all that follows through ‘‘Federal

22 Bureau of Investigation’’ and inserting ‘‘by the

23 head of a covered agency’’; and

24 (B) by striking ‘‘such department, office,

25 agency, or bureau’’ and inserting ‘‘that covered

26 agency’’; and
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1 (3) in subsection (c), by striking ‘‘The Depart2 ment of Defense’’ and all that follows through ‘‘Fed3 eral Bureau of Investigation’’ and inserting ‘‘A cov4 ered agency’’.

5 (b) REPEAL OF EXPIRED PROVISION.—Subsection

6 (b) of such section is amended by striking paragraph (3).

7 (c) EXPANDED PURPOSES FOR ACCESS TO CRIMINAL

8 HISTORY INFORMATION.—Subsection (b) of such section

9 is further amended—

10 (1) by redesignating paragraph (2) as para11 graph (4);

12 (2) in the first sentence of paragraph (1)—

13 (A) by inserting ‘‘any of the following:’’

14 after ‘‘eligibility for’’; and

15 (B) by striking ‘‘(A) access to classified in16 formation’’ and all that follows through the end

17 of the sentence and inserting the following:

18 ‘‘(A) Access to classified information.

19 ‘‘(B) Assignment to or retention in sensitive na20 tional security duties.

21 ‘‘(C) Acceptance or retention in the armed

22 forces.

23 ‘‘(D) Appointment, retention, or assignment to

24 a position of public trust or a critical or sensitive po-
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1 sition while either employed by the Government or

2 performing a Government contract.’’;

3 (3) by designating the second sentence of para4 graph (1) as paragraph (2); and

5 (4) by designating the third sentence of para6 graph (1) as paragraph (3) and in that sentence by

7 striking ‘‘, nor shall’’ and all that follows through

8 the end of the sentence and inserting a period.

9 (d) USE OF AUTOMATED INFORMATION DELIVERY

10 SYSTEMS.—Such section is further amended—

11 (1) by redesignating subsection (e) as sub12 section (f); and

13 (2) by inserting after subsection (d) the fol14 lowing new subsection (e):

15 ‘‘(e)(1) Automated information delivery systems shall

16 be used to provide criminal history record information to

17 a covered agency under subsection (b) whenever available.

18 ‘‘(2) Fees, if any, charged for automated access

19 through such systems may not exceed the reasonable cost

20 of providing such access.

21 ‘‘(3) The criminal justice agency providing the crimi22 nal history record information through such systems may

23 not limit disclosure on the basis that the repository is

24 accessed from outside the State.
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1 ‘‘(4) Information provided through such systems shall

2 be the full and complete criminal history record.

3 ‘‘(5) Criminal justice agencies shall accept and re4 spond to requests for criminal history record information

5 through such systems with printed or photocopied records

6 when requested.’’.

7 (e) TECHNICAL AMENDMENTS.—Subsection (a) of

8 such section is amended—

9 (1) in paragraph (1), by striking ‘‘includes’’

10 and all that follows through ‘‘thereof which’’ and in11 serting ‘‘means (A) any Federal, State, or local

12 court, and (B) any Federal, State, or local agency,

13 or any subunit thereof, which’’; and

14 (2) in paragraph (4)—

15 (A) by inserting ‘‘the Commonwealth of’’

16 before ‘‘the Northern Mariana Islands’’; and

17 (B) by striking ‘‘the Trust Territory of the

18 Pacific Islands,’.

19 (f) CONFORMING AMENDMENTS.—(1)(A) The head20 ing for chapter 91 of title 5, United States Code, is

21 amended to read as follows:
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1 ‘‘CHAPTER 91—ACCESS TO CRIMINAL HIS2 TORY RECORDS FOR NATIONAL SECU3 RITY AND OTHER PURPOSES’’.

4 (B) The item relating to chapter 91 in the table of

5 chapters at the beginning of part III of such title is

6 amended to read as follows:

‘‘91. Access to Criminal History Records for National Security and

Other Purposes ............................................................. 9101’’.

7 (2)(A) The heading of section 9101 of such title is

8 amended to read as follows:

9 ‘‘§ 9101. Access to criminal history records for na10 tional security and other purposes’’.

11 (B) The item relating to that section in the table of

12 sections at the beginning of chapter 91 of such title is

13 amended to read as follows:

‘‘9101. Access to criminal history records for national security and other purposes.’’.

14 (g) REPEAL OF SUPERSEDED PROVISION.—(1) Sec15 tion 520a of title 10, United States Code, is repealed.

16 (2) The table of sections at the beginning of chapter

17 31 of such title is amended by striking the item relating

18 to section 520a.
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1 SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO EN2 GAGE IN COMMERCIAL ACTIVITIES AS SECU3 RITY FOR INTELLIGENCE COLLECTION AC4 TIVITIES.

5 Section 431(a) of title 10, United States Code, is

6 amended in the second sentence by striking ‘‘December

7 31, 2000’’ and inserting ‘‘December 31, 2002’’.

8 SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SE9 CRECY POLICIES AND CONSIDERATION OF

10 HEALTH OF WORKERS AT FORMER DEPART11 MENT OF DEFENSE NUCLEAR FACILITIES.

12 (a) REVIEW OF SECRECY POLICIES.—(1) The Sec13 retary of Defense shall review classification and security

14 policies of the Department of Defense in order to ensure

15 that, within appropriate national security constraints,

16 those policies do not prevent or discourage former defense

17 nuclear weapons facility employees who may have been ex18 posed to radioactive or other hazardous substances associ19 ated with nuclear weapons from discussing such exposures

20 with appropriate health care providers and with other ap21 propriate officials.

22 (2) The policies reviewed under paragraph (1) shall

23 include the policy to neither confirm nor deny the presence

24 of nuclear weapons as that policy is applied to former de25 fense nuclear weapons facilities.

26 (b) DEFINITIONS.—For purposes of this section:
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1 (1) The term ‘‘former defense nuclear weapons

2 facility employees’’ means employees and former em3 ployees of the Department of Defense who are or

4 were employed at a site that, as of the date of the

5 enactment of this Act, is a former defense nuclear

6 weapons facility.

7 (2) The term ‘‘former defense nuclear weapons

8 facility’’ means a current or former Department of

9 Defense site in the United States which at one time

10 was a defense nuclear weapons facility but which no

11 longer contains nuclear weapons or materials and

12 otherwise is no longer used for such purpose.

13 (3) The term ‘‘defense nuclear weapons facil14 ity’’ means a Department of Defense site in the

15 United States at which nuclear weapons or materials

16 are stored, assembled, disassembled, or maintained.

17 (c) NOTIFICATION OF AFFECTED EMPLOYEES.—(1)

18 The Secretary of Defense shall seek to identify

19 individuals—

20 (A) who are former defense nuclear weapons fa21 cility employees; and

22 (B) who, while employed at a defense nuclear

23 weapons facility, may have been exposed to radio24 active or hazardous substances associated with nu25 clear weapons.
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1 (2) Upon identification of any individual under para2 graph (1), the Secretary of Defense shall notify that indi3 vidual, by mail or other individual means, of any such ex4 posure to radioactive or hazardous substances associated

5 with nuclear weapons that has been identified by the Sec6 retary. The notification shall include an explanation of

7 how (or the degree to which) that individual can discuss

8 any such exposure with a health care provider who does

9 not hold a security clearance without violating security or

10 classification procedures and, if necessary, provide guid11 ance to facilitate the ability of that individual to contact

12 a health care provider with appropriate security clearances

13 or otherwise to discuss such exposures with other officials

14 who are determined by the Secretary of Defense to be ap15 propriate.

16 (d) REPORT.—Not later than May 1, 2001, the Sec17 retary of Defense shall submit to the Committee on Armed

18 Services of the Senate and the Committee on Armed Serv19 ices of the House of Representatives a report setting

20 forth—

21 (1) the results of the review conducted under

22 subsection (a), including any changes made or rec23 ommendations for legislation; and

24 (2) the status of the notifications required by

25 subsection (b) and an anticipated date by which the
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1 identification and notification of individuals under

2 that subsection will be completed.

3 (e) CONSULTATION WITH SECRETARY OF ENERGY.—

4 The Secretary of Defense shall carry out the review under

5 subsection (a) and the identification of individuals under

6 subsection (b), and shall prepare the report under sub7 section (c), in consultation with the Secretary of Energy.

8 Subtitle I—Other Matters

9 SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER

10 DEFENSE EXPORT LOAN GUARANTEE PRO11 GRAM.

12 (a) AUTHORITY TO USE OPERATION AND MAINTE13 NANCE FUNDS ON AN INTERIM BASIS.—Section 2540c(d)

14 of title 10, United States Code, is amended—

15 (1) by inserting ‘‘(1)’’ after ‘‘FEES.—’’; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(2)(A) If for any fiscal year amounts in the special

19 account established under paragraph (1) are not available

20 (or are not anticipated to be available) in a sufficient

21 amount for administrative expenses of the Department of

22 Defense for that fiscal year that are directly attributable

23 to the administration of the program under this sub24 chapter, the Secretary may use amounts currently avail25 able for operations and maintenance for Defense-wide ac-
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1 tivities, not to exceed $500,000 in any fiscal year, for

2 those expenses.

3 ‘‘(B) The Secretary shall, from funds in the special

4 account established under paragraph (1), replenish oper5 ations and maintenance accounts for amounts expended

6 under subparagraph (A) as soon as the Secretary deter7 mines practicable.’’.

8 (b) EFFECTIVE DATE.—Paragraph (2) of section

9 2540c(d) of title 10, United States Code, as added by sub10 section (a), shall take effect on October 1, 2000.

11 (c) LIMITATION PENDING SUBMISSION OF RE12 PORT.—The Secretary of Defense may not exercise the au13 thority provided by paragraph (2) of section 2540c(d) of

14 title 10, United States Code, as added by subsection (a),

15 until the Secretary submits to Congress a report on the

16 operation of the Defense Export Loan Guarantee Program

17 under subchapter V of chapter 148 of title 10, United

18 States Code. The report shall include the following:

19 (1) A discussion of the effectiveness of the loan

20 guarantee program in furthering the sale of United

21 States defense articles, defense services, and design

22 and construction services to nations that are speci23 fied in section 2540(b) of such title, to include a

24 comparison of the loan guarantee program with

25 other United States Government programs that are
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1 intended to contribute to the sale of United States

2 defense articles, defense services, and design and

3 construction services and other comparisons the Sec4 retary determines to be appropriate.

5 (2) A discussion of the requirements and re6 sources (including personnel and funds) for contin7 ued administration of the loan guarantee program

8 by the Defense Department, to include—

9 (A) an itemization of the requirements nec10 essary and resources available (or that could be

11 made available) to administer the loan guar12 antee program for each of the following entities:

13 the Defense Security Cooperation Agency, the

14 Department of Defense International Coopera15 tion Office, and other Defense Department

16 agencies, offices, or activities as the Secretary

17 may specify; and

18 (B) for each such activity, agency, or of19 fice, a comparison of the use of Defense De20 partment personnel exclusively to administer,

21 manage, and oversee the program with the use

22 of contracted commercial entities to administer

23 and manage the program.
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1 (3) Any legislative recommendations that the

2 Secretary believes could improve the effectiveness of

3 the program.

4 (4) A determination made by the Secretary of

5 Defense indicating which Defense Department agen6 cy, office, or other activity should administer, man7 age, and oversee the loan guarantee program to in8 crease sales of United States defense articles, de9 fense services, and design and construction services,

10 such determination to be made based on the infor11 mation and analysis provided in the report.

12 SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF

13 DEFENSE PERSONNEL IN POOR AIR QUALITY

14 AREAS.

15 (a) IN GENERAL.—(1) Chapter 134 of title 10,

16 United States Code, is amended by adding at the end the

17 following new section:

18 ‘‘§ 2259. Transit pass program: personnel in poor air

19 quality areas

20 ‘‘(a) ESTABLISHMENT OF PROGRAM.—To encourage

21 Department of Defense personnel assigned to duty, or em22 ployed, in poor air quality areas to use means other than

23 single-occupancy motor vehicles to commute to or from the

24 location of their duty assignments, the Secretary of De25 fense shall exercise the authority provided in section 7905
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1 of title 5 to establish a program to provide a transit pass

2 benefit under subsection (b)(2)(A) of that section for

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

4 who are assigned to duty, and to Department of Defense

5 civilian officers and employees who are employed, in a poor

6 air quality area.

7 ‘‘(b) POOR AIR QUALITY AREAS.—In this section, the

8 term ‘poor air quality area’ means an area—

9 ‘‘(1) that is subject to the national ambient air

10 quality standards promulgated by the Administrator

11 of the Environmental Protection Agency under sec12 tion 109 of the Clean Air Act (42 U.S.C. 7409); and

13 ‘‘(2) that, as determined by the Administrator

14 of the Environmental Protection Agency, is a non15 attainment area with respect to any of those stand16 ards.’’.

17 (2) The table of sections at the beginning of sub18 chapter II of such chapter is amended by adding at the

19 end the following new item:

‘‘2259. Transit pass program: personnel in poor air quality areas.’’.

20 (b) TIME FOR IMPLEMENTATION.—The Secretary of

21 Defense shall prescribe the effective date for the transit

22 pass program required under section 2259 of title 10,

23 United States Code, as added by subsection (a). The effec24 tive date so prescribed may not be later than the first day
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1 of the first month that begins on or after the date that

2 is 180 days after the date of the enactment of this Act.

3 SEC. 1083. TRANSFER OF VIETNAM ERA TA–4 AIRCRAFT TO

4 NONPROFIT FOUNDATION.

5 (a) AUTHORITY TO CONVEY.—The Secretary of the

6 Navy may convey, without consideration, to the nonprofit

7 Collings Foundation of Stow, Massachusetts (in this sec8 tion referred to as the ‘‘foundation’’), all right, title, and

9 interest of the United States in and to one surplus TA–

10 4 aircraft that is flyable or that can be readily restored

11 to flyable condition. The conveyance shall be made by

12 means of a conditional deed of gift.

13 (b) CONDITION OF AIRCRAFT.—(1) The Secretary

14 may not convey ownership of an aircraft under subsection

15 (a) until the Secretary determines that the foundation has

16 altered the aircraft in such manner as the Secretary deter17 mines necessary to ensure that the aircraft does not have

18 any capability for use as a platform for launching or re19 leasing munitions or any other combat capability that it

20 was designed to have. The foundation shall complete any

21 such alteration within one year after the date of the enact22 ment of this Act.

23 (2) The Secretary is not required to repair or alter

24 the condition of the aircraft before conveying ownership

25 of the aircraft.
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1 (c) REVERTER UPON BREACH OF CONDITIONS.—

2 The Secretary shall include in the instrument of convey3 ance of the aircraft—

4 (1) a condition that the foundation not convey

5 any ownership interest in, or transfer possession of,

6 the aircraft to any other party without the prior ap7 proval of the Secretary;

8 (2) a condition that the foundation operate and

9 maintain the aircraft in compliance with all applica10 ble limitations and maintenance requirements im11 posed by the Administrator of the Federal Aviation

12 Administration; and

13 (3) a condition that if the Secretary determines

14 at any time that the foundation has conveyed an

15 ownership interest in, or transferred possession of,

16 the aircraft to any other party without the prior ap17 proval of the Secretary, or has failed to comply with

18 the condition set forth in paragraph (2), all right,

19 title, and interest in and to the aircraft, including

20 any repair or alteration of the aircraft, shall revert

21 to the United States, and the United States shall

22 have the right of immediate possession of the air23 craft.

24 (d) CONVEYANCE AT NO COST TO THE UNITED

25 STATES.—The conveyance of the aircraft under subsection
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1 (a) shall be made at no cost to the United States. Any

2 costs associated with the conveyance, costs of determining

3 compliance with subsection (b), and costs of operation and

4 maintenance of the aircraft conveyed shall be borne by the

5 foundation.

6 (e) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary may require such additional terms and condi8 tions in connection with a conveyance under this section

9 as the Secretary considers appropriate to protect the inter10 ests of the United States.

11 (f ) CLARIFICATION OF LIABILITY.—Notwithstanding

12 any other provision of law, upon the conveyance of owner13 ship of a TA–4 aircraft to the foundation under subsection

14 (a), the United States shall not be liable for any death,

15 injury, loss, or damage that results from any use of that

16 aircraft by any person other than the United States.

17 SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MU18 SEUM.

19 (a) DONATION REQUIRED.—The Secretary of the

20 Army shall convey, without consideration, to the Friends

21 of the Cannonball House, Incorporated (in this section re22 ferred to as the ‘‘recipient’’), which is a nonprofit corpora23 tion that operates the Cannonball House Museum in

24 Macon, Georgia, all right, title, and interest of the United
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1 States in and to a 12-pounder Napoleon cannon bearing

2 the following markings:

3 (1) On the top ‘‘CS’’.

4 (2) On the face of the muzzle: ‘‘Macon Arsenal,

5 1864/No.41/1164 ET’’.

6 (3) On the right trunnion: ‘‘Macon Arsenal

7 GEO/1864/No.41/WT.1164/E.T.’’.

8 (b) ADDITIONAL TERMS AND CONDITIONS ON CON9 VEYANCE.—The Secretary of the Army shall include in the

10 instrument of conveyance of the cannon under subsection

11 (a)—

12 (1) a condition that the recipient not convey

13 any ownership interest in, or transfer possession of,

14 the cannon to any other party without the prior ap15 proval of the Secretary; and

16 (2) a condition that if the Secretary determines

17 at any time that the recipient has conveyed an own18 ership interest in, or transferred possession of, the

19 cannon to any other party without the prior ap20 proval of the Secretary, all right, title, and interest

21 in and to the cannon shall revert to the United

22 States, and the United States shall have the right of

23 immediate possession of the cannon.

24 (c) RELATIONSHIP TO OTHER LAW.—The convey25 ance required under this section may be carried out with-
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1 out regard to the Act entitled ‘‘An Act for the preservation

2 of American antiquities’’, approved June 8, 1906 (16

3 U.S.C. 431 et seq.), popularly referred to as the ‘‘Antiq4 uities Act of 1906’’.

5 (d) ACQUISITION OF REPLACEMENT MACON CAN6 NON.—If the Secretary of the Army determines that the

7 Army’s inventory of Civil War era cannons should include

8 an additional cannon documented as having been manu9 factured in Macon, Georgia, to replace the cannon con10 veyed under subsection (a), the Secretary may acquire

11 such a cannon by donation or purchase with funds made

12 available for this purpose.

13 SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMA14 TION TO THE PUBLIC.

15 (a) ARMY.—(1) Chapter 437 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing new section:

18 ‘‘§ 4595. Army Military History Institute: fee for pro19 viding historical information to the pub20 lic

21 ‘‘(a) AUTHORITY.—Except as provided in subsection

22 (b), the Secretary of the Army may charge a person a fee

23 for providing the person with information from the United

24 States Army Military History Institute that is requested

25 by that person.
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1 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

2 this section—

3 ‘‘(1) to a person for information that the person

4 requests to carry out a duty as a member of the

5 armed forces or an officer or employee of the United

6 States; or

7 ‘‘(2) for a release of information under section

8 552 of title 5.

9 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

10 providing information under this section may not exceed

11 the cost of providing the information.

12 ‘‘(d) RETENTION OF FEES.—Amounts received under

13 subsection (a) for providing information in any fiscal year

14 shall be credited to the appropriation or appropriations

15 charged the costs of providing information to the public

16 from the United States Army Military History Institute

17 during that fiscal year.

18 ‘‘(e) DEFINITIONS.—In this section:

19 ‘‘(1) The term ‘United States Army Military

20 History Institute’ means the archive for historical

21 records and materials of the Army that the Sec22 retary of the Army designates as the primary ar23 chive for such records and materials.

24 ‘‘(2) The terms ‘officer of the United States’

25 and ‘employee of the United States’ have the mean-
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1 ings given the terms ‘officer’ and ‘employee’, respec2 tively, in sections 2104 and 2105, respectively, of

3 title 5.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘4595. Army Military History Institute: fee for providing historical information

to the public.’’.

7 (b) NAVY.—(1) Chapter 649 of such title is amended

8 by adding at the end the following new section:

9 ‘‘§ 7582. Naval and Marine Corps Historical Centers:

10 fee for providing historical information

11 to the public

12 ‘‘(a) AUTHORITY.—Except as provided in subsection

13 (b), the Secretary of the Navy may charge a person a fee

14 for providing the person with information from the United

15 States Naval Historical Center or the Marine Corps His16 torical Center that is requested by that person.

17 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

18 this section—

19 ‘‘(1) to a person for information that the person

20 requests to carry out a duty as a member of the

21 armed forces or an officer or employee of the United

22 States; or

23 ‘‘(2) for a release of information under section

24 552 of title 5.
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1 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

2 providing information under this section may not exceed

3 the cost of providing the information.

4 ‘‘(d) RETENTION OF FEES.—Amounts received under

5 subsection (a) for providing information from the United

6 States Naval Historical Center or the Marine Corps His7 torical Center in any fiscal year shall be credited to the

8 appropriation or appropriations charged the costs of pro9 viding information to the public from that historical center

10 during that fiscal year.

11 ‘‘(e) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘United States Naval Historical

13 Center’ means the archive for historical records and

14 materials of the Navy that the Secretary of the Navy

15 designates as the primary archive for such records

16 and materials.

17 ‘‘(2) The term ‘Marine Corps Historical Center’

18 means the archive for historical records and mate19 rials of the Marine Corps that the Secretary of the

20 Navy designates as the primary archive for such

21 records and materials.

22 ‘‘(3) The terms ‘officer of the United States’

23 and ‘employee of the United States’ have the mean24 ings given the terms ‘officer’ and ‘employee’, respec-
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1 tively, in sections 2104 and 2105, respectively, of

2 title 5.’’.

3 (2) The heading of such chapter is amended by strik4 ing ‘‘RELATED’’.

5 (3)(A) The table of sections at the beginning of such

6 chapter is amended by adding at the end the following

7 new item:

‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical

information to the public.’’.

8 (B) The item relating to such chapter in the tables

9 of chapters at the beginning of subtitle C of such title and

10 the beginning of part IV of such subtitle is amended by

11 striking out ‘‘Related’’.

12 (c) AIR FORCE.—(1) Chapter 937 of such title is

13 amended by adding at the end the following new section:

14 ‘‘§ 9594. Air Force Military History Institute: fee for

15 providing historical information to the

16 public

17 ‘‘(a) AUTHORITY.—Except as provided in subsection

18 (b), the Secretary of the Air Force may charge a person

19 a fee for providing the person with information from the

20 United States Air Force Military History Institute that

21 is requested by that person.

22 ‘‘(b) EXCEPTIONS.—A fee may not be charged under

23 this section—
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1 ‘‘(1) to a person for information that the person

2 requests to carry out a duty as a member of the

3 armed forces or an officer or employee of the United

4 States; or

5 ‘‘(2) for a release of information under section

6 552 of title 5.

7 ‘‘(c) LIMITATION ON AMOUNT.—A fee charged for

8 providing information under this section may not exceed

9 the cost of providing the information.

10 ‘‘(d) RETENTION OF FEES.—Amounts received under

11 subsection (a) for providing information in any fiscal year

12 shall be credited to the appropriation or appropriations

13 charged the costs of providing information to the public

14 from the United States Air Force Military History Insti15 tute during that fiscal year.

16 ‘‘(e) DEFINITIONS.—In this section:

17 ‘‘(1) The term ‘United States Air Force Mili18 tary History Institute’ means the archive for histor19 ical records and materials of the Air Force that the

20 Secretary of the Air Force designates as the primary

21 archive for such records and materials.

22 ‘‘(2) The terms ‘officer of the United States’

23 and ‘employee of the United States’ have the mean24 ings given the terms ‘officer’ and ‘employee’, respec-
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1 tively, in sections 2104 and 2105, respectively, of

2 title 5.’’.

3 (2) The table of sections at the beginning of such

4 chapter is amended by adding at the end the following

5 new item:

‘‘9594. Air Force Military History Institute: fee for providing historical information to the public.’’.

6 SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED

7 FORCES EMERGENCY SERVICES.

8 (a) GRANTS AUTHORIZED.—Subject to subsection

9 (b), the Secretary of Defense may make a grant to the

10 American Red Cross in an amount not to exceed

11 $9,400,000 in each of fiscal years 2001, 2002, and 2003

12 for the support of the Armed Forces Emergency Services

13 program of the American Red Cross.

14 (b) MATCHING REQUIREMENT.—The grant under

15 subsection (a) for a fiscal year may not be made until after

16 the American Red Cross Incorporated, certifies to the Sec17 retary of Defense that the American Red Cross will ex18 pend for the Armed Forces Emergency Services program

19 for that fiscal year funds, derived from non-Federal

20 sources, in a total amount that equals or exceeds the

21 amount of the grant.

22 SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.

23 (a) TITLE 10, UNITED STATES CODE.—Title 10,

24 United States Code, is amended as follows:
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1 (1) Section 180(d) is amended by striking ‘‘sec2 tion 5376’’ and inserting ‘‘section 5315’’.

3 (2) Section 628(c)(2) is amended by striking

4 ‘‘section’’ in the second sentence after ‘‘rather than

5 the provisions of’’ and inserting ‘‘sections’’.

6 (3) Section 702(b)(2) is amended by striking

7 ‘‘section 230(c)’’ and inserting ‘‘section 203(c)’’.

8 (4) Section 706(c) is amended—

9 (A) by striking ‘‘(1)’’ after ‘‘(c)’’; and

10 (B) by striking paragraph (2).

11 (5) Section 1074g is amended—

12 (A) in subsection (a)(6), by striking ‘‘as

13 part of the regulations established’’ and insert14 ing ‘‘in the regulations prescribed’’;

15 (B) in subsection (a)(7), by striking ‘‘not

16 included on the uniform formulary, but,’’ and

17 inserting ‘‘that are not included on the uniform

18 formulary but that are’’;

19 (C) in subsection (b)(1), by striking ‘‘re20 quired by’’ in the last sentence and inserting

21 ‘‘prescribed under’’;

22 (D) in subsection (d)(2), by striking ‘‘Not

23 later than’’ and all that follows through ‘‘uti24 lize’’ and inserting ‘‘Effective not later than

25 April 5, 2000, the Secretary shall use’’;
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1 (E) in subsection (e)—

2 (i) by striking ‘‘Not later than April

3 1, 2000, the’’ and inserting ‘‘The’’; and

4 (ii) by inserting ‘‘in’’ before ‘‘the

5 TRICARE’’ and before ‘‘the national’’;

6 (F) in subsection (f)—

7 (i) by striking ‘‘As used in this sec8 tion—’’ and inserting ‘‘In this section:’’;

9 (ii) by striking ‘‘the’’ at the beginning

10 of paragraphs (1) and (2) and inserting

11 ‘‘The’’; and

12 (iii) by striking ‘‘; and’’ at the end of

13 paragraph (1) and inserting a period; and

14 (G) in subsection (g), by striking ‘‘promul15 gate’’ and inserting ‘‘prescribe’’.

16 (6) Section 1076c(b)(5)(C) is amended by strik17 ing ‘‘pursuant to subsection (i)(2) of such section’’.

18 (7) Section 1095d(b) is amended by striking

19 ‘‘subparagraphs’’ and inserting ‘‘subparagraph’’.

20 (8) Section 1109(b) is amended by striking

21 ‘‘(1)’’ before ‘‘The Secretaries’’.

22 (9) Section 1142(b)(4) is amended by striking

23 ‘‘sections 1151, 1152, and 1153 of this title’’ and

24 inserting ‘‘sections 1152 and 1153 of this title and
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1 the Troops-to-Teachers Program Act of 1999 (20

2 U.S.C. 9301 et seq.)’’.

3 (10) Section 1448(b)(3)(E)(ii) is amended by

4 striking the second comma after ‘‘October 16,

5 1998’’.

6 (11) Section 1598 is amended—

7 (A) in subsection (d)(2), by inserting ‘‘as

8 in effect on October 4, 1999,’’ after ‘‘of this

9 title,’’ both places it appears; and

10 (B) in subsection (f), by inserting ‘‘, as in

11 effect on October 4, 1999,’’ after ‘‘of this title’’.

12 (12) Section 2113(f) is amended—

13 (A) by striking paragraph (2);

14 (B) by redesignating paragraph (3) as

15 paragraph (4); and

16 (C) by designating the penultimate sen17 tence and the last sentence of paragraph (1) as

18 paragraphs (2) and (3), respectively.

19 (13) Section 2401(b)(1)(B) is amended by

20 striking ‘‘Committees on Appropriations’’ and insert21 ing ‘‘Committee on Appropriations’’.

22 (14) Section 2410j is amended—

23 (A) in subsection (f)(2), by inserting ‘‘as in

24 effect on October 4, 1999,’’ after ‘‘of this title,’’

25 both places it appears; and
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1 (B) in subsection (h), by inserting ‘‘, as in

2 effect on October 4, 1999,’’ after ‘‘of this title’’.

3 (15) Section 2688 is amended by redesignating

4 subsections (i) and (j) as subsections (h) and (i), re5 spectively.

6 (16) Section 2814(k) is amended by inserting

7 ‘‘and’’ after ‘‘Balanced Budget’’.

8 (17) Sections 4357(e)(5), 6975(e)(5), and

9 9356(e)(5) are amended by inserting a close paren10 thesis after ‘‘80b–2)’’.

11 (18) Section 5143(c)(2) is amended by striking

12 ‘‘has a grade’’ and inserting ‘‘has the grade of’’.

13 (19) Section 5144(c)(2) is amended by striking

14 ‘‘has a grade’’ and inserting ‘‘has the grade of’’.

15 (20) Section 10218 is amended—

16 (A) in subsections (a)(1), (b)(1), (b)(2)(A),

17 and (b)(2)(B)(ii), by striking ‘‘the date of the

18 enactment of this section’’ each place it appears

19 and inserting ‘‘October 5, 1999,’’;

20 (B) in subsections (a)(3)(B)(i) and

21 (b)(2)(B)(i), by striking ‘‘the end of the one22 year period beginning on the date of the enact23 ment of this subsection’’ and inserting ‘‘October

24 5, 2000’’;
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1 (C) in subsection (b)(1), by striking ‘‘six

2 months after the date of the enactment of this

3 section’’ and inserting ‘‘April 5, 2000’’; and

4 (D) in subsection (b)(3), by striking ‘‘with5 in six months of the date of the enactment of

6 this section’’ and inserting ‘‘during the period

7 beginning on October 5, 1999, and ending on

8 April 5, 2000,’’.

9 (21) Section 12552 is amended by inserting a

10 period at the end.

11 (22) Section 18233a(b) is amended—

12 (A) in paragraph (1), by striking ‘‘section

13 2805(c)(1)’’ and inserting ‘‘section

14 2805(c)(1)(A)’’; and

15 (B) in paragraph (2), by striking ‘‘section

16 2805(c)(2)’’ and inserting ‘‘section

17 2805(c)(1)(B)’’.

18 (b) TITLE 37, UNITED STATES CODE.—Title 37,

19 United States Code, is amended as follows:

20 (1) Section 301b(j)(2) is amended by striking

21 ‘‘section 301a(a)(6)(A)’’ and inserting ‘‘section

22 301a(a)(6)(B)’’.

23 (2) Section 403(f)(3) is amended by striking

24 ‘‘regulation’’ and inserting ‘‘regulations’’.
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1 (3) Section 404(b)(2) is amended by striking

2 ‘‘section 402(e)’’ and inserting ‘‘section 403(f)(3)’’.

3 (4) The section 435 added by section 586(b) of

4 the National Defense Authorization Act for Fiscal

5 Year 2000 (Public Law 106–65; 113 Stat. 638) is

6 redesignated as section 436, and the item relating to

7 that section in the table of sections at the beginning

8 of chapter 7 is revised to conform to such redesigna9 tion.

10 (5) Section 1012 is amended by striking ‘‘sec11 tion 402(b)(3)’’ and inserting ‘‘section 402(e)’’.

12 (c) PUBLIC LAW 106–65.—(1) Effective as of Octo13 ber 5, 1999, and as if included therein as enacted, the

14 National Defense Authorization Act for Fiscal Year 2000

15 (Public Law 106–65; 113 Stat. 512 et seq) is amended

16 as follows:

17 (A) Section 578 is amended—

18 (i) in subsection (j) (113 Stat. 630), by

19 striking ‘‘Chapter 4’’ and inserting ‘‘Chapter

20 7’’; and

21 (ii) in subsection (k)(4) (113 Stat. 631),

22 by striking ‘‘chapter 4’’ and inserting ‘‘chapter

23 7’’.
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1 (B) Section 586(c)(2) (113 Stat. 639) is

2 amended by striking ‘‘relating to section 434’’ and

3 inserting ‘‘added by section 578(k)(4)’’.

4 (C) Section 601(c) (113 Stat. 645; 37 U.S.C.

5 1009 note) is amended—

6 (i) in the first table, relating to commis7 sioned officers, by striking ‘‘$12,441.00’’ in

8 footnote 2 and inserting ‘‘$12,488.70’’; and

9 (ii) in the fourth table, relating to enlisted

10 members, by striking ‘‘$4,701.00’’ in footnote 2

11 and inserting ‘‘$4,719.00’’.

12 (D) Section 657(a)(1)(A) (113 Stat. 668; 10

13 U.S.C. 1450 note) is amended by striking ‘‘August

14 21, 1983’’ and inserting ‘‘August 19, 1983’’.

15 (2) In the case of any former spouse to whom para16 graph (3) of section 1450(f) of title 10, United States

17 Code, applies by reason of the amendment made by para18 graph (1)(D), the provisions of subsection (b) of section

19 657 of the National Defense Authorization Act for Fiscal

20 Year 2000 shall be applied by using the date of the enact21 ment of this Act, rather than the date of the enactment

22 of that Act.

23 (d) PUBLIC LAW 105–261.—Effective as of October

24 17, 1998, and as if included therein as enacted, the Strom

25 Thurmond National Defense Authorization Act for Fiscal
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1 Year 1999 (Public Law 105–261; 112 Stat. 1920 et seq.)

2 is amended as follows:

3 (1) Section 142 (112 Stat. 1943; 50 U.S.C.

4 1521 note) is amended—

5 (A) in subsection (e), by striking

6 ‘‘1521(f))’’ and inserting ‘‘1521 note)’’; and

7 (B) by redesignating the second subsection

8 (f) as subsection (g).

9 (2) Section 503(b)(1) (112 Stat. 2003) is

10 amended by inserting ‘‘its’’ after ‘‘record of’’ in the

11 first quoted matter therein.

12 (3) Section 645(b) (112 Stat. 2050) is amended

13 by striking ‘‘a member’’ and inserting ‘‘member’’ in

14 the quoted matter therein.

15 (4) Section 701 (112 Stat. 2056) is amended—

16 (A) in subsection (a), by inserting ‘‘(1)’’

17 before ‘‘Section 1076a(b)(2)’’; and

18 (B) in subsection (b), by inserting ‘‘of such

19 title’’ after ‘‘1076a’’.

20 (5) Section 802(b) (112 Stat. 2081) is amended

21 by striking ‘‘Administrative’’ in the first quoted mat22 ter therein and inserting ‘‘Administration’’.

23 (6) Section 1101(e)(2)(C) (112 Stat. 2140; 5

24 U.S.C. 3104 note) is amended by striking ‘‘sub25 section (c)(1)’’ and inserting ‘‘subsection (c)(2)’’.
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1 (7) Section 1405(k)(2) (112 Stat. 2170; 50

2 U.S.C. 2301 note) is amended by striking ‘‘sub3 chapter’’ and inserting ‘‘chapter’’.

4 (e) PUBLIC LAW 105–85.—The National Defense

5 Authorization Act for Fiscal Year 1998 (Public Law 105–

6 85) is amended as follows:

7 (1) Section 602(d)(1)(A) (111 Stat. 1773; 37

8 U.S.C. 402 note) is amended by striking ‘‘of’’ the

9 first place it appears in the matter preceding clause

10 (i).

11 (2) Section 1221(a)(3) (22 U.S.C. 1928 note),

12 as amended by section 1233(a)(2)(A) of Public Law

13 105–261 (112 Stat. 2156), is amended by striking

14 the second close parenthesis after ‘‘relief efforts’’.

15 (f) TITLE 5, UNITED STATES CODE.—Title 5, United

16 States Code, is amended as follows:

17 (1) Section 3329 is amended—

18 (A) in subsection (a), by striking ‘‘such

19 term’’ and inserting ‘‘the term ‘military techni20 cian (dual status)’ ’’; and

21 (B) in subsection (b), by striking ‘‘section

22 1332 of title 10’’ and inserting ‘‘section 12732

23 of title 10’’.
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1 (2) Section 5531 is amended by striking ‘‘sec2 tions 5532 and’’ in the matter preceding paragraph

3 (1) and inserting ‘‘section’’.

4 (3) Section 8116(a)(4) is amended by striking

5 ‘‘, subject to’’ and all that follows through ‘‘United

6 States Code’’.

7 (4) Section 8339(g) is amended by striking

8 ‘‘the application of the limitation in section 5532 of

9 this title, or’’ in the third sentence.

10 (5) Section 8344(h)(1) is amended by inserting

11 ‘‘(as in effect before the repeal of that section by

12 section 651(a) of Public Law 106–65)’’ after ‘‘sec13 tion 5532(f)(2) of this title’’.

14 (g) OTHER LAWS.—

15 (1) Section 834(e) of the National Defense Au16 thorization Act for Fiscal Years 1990 and 1991 (15

17 U.S.C. 637 note) is amended by striking the second

18 period after ‘‘2005’’.

19 (2) Section 2905(b)(4) of the Defense Base

20 Closure and Realignment Act of 1990 (part A of

21 title XXIX of Public Law 101–510; 10 U.S.C. 2687

22 note) is amended by transferring subparagraph (G)

23 so as to appear immediately before subparagraph

24 (H), as added by section 2821(a) of the National
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1 Defense Authorization Act for Fiscal Year 2000

2 (Public Law 106–65; 113 Stat. 853).

3 (3) Section 686(b) of title 14, United States

4 Code, is amended—

5 (A) in paragraph (1), by striking ‘‘section

6 403(b)’’ and inserting ‘‘section 403(e)’’; and

7 (B) in paragraph (2), by striking ‘‘a basic

8 allowance for quarters under section 403 of title

9 37, and, if in a high housing cost area, a vari10 able housing allowance under section 403a of

11 that title’’ and inserting ‘‘a basic allowance for

12 housing under section 403 of title 37’’.

13 (4) Chapter 701 of title 36, United States

14 Code, relating to the Federal charter of the Fleet

15 Reserve Association, is amended in sections

16 70102(a) and 70108(a) by striking ‘‘Delaware’’ and

17 inserting ‘‘Pennsylvania’’.

18 (5) Section 7426 of title 38, United States

19 Code, is amended by striking subsection (c).

20 (6) The item relating to chapter 112 in the

21 table of chapters at the beginning of subtitle II of

22 title 46, United States Code, is amended by revising

23 the second and third words so that the initial letter

24 of each of those words is lower case.
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1 (7) Section 405(f)(6)(B) of the Departments of

2 Labor, Health and Human Services, and Education,

3 and Related Agencies Appropriations Act, 1999 (as

4 contained in section 101(f) of division A of Public

5 Law 105–277; 112 Stat. 2681–430), is amended by

6 striking ‘‘Act of title’’ in the first quoted matter

7 therein and inserting ‘‘Act or title’’.

8 (8) Section 1403(c)(6) of the Defense Depend9 ents’ Education Act of 1978 (20 U.S.C. 922(c)(6))

10 is amended by striking ‘‘the’’ before ‘‘Assistant Sec11 retary of Defense’’.

12 (9) Effective as of October 5, 1999, section 224

13 b. of the Atomic Energy Act of 1954 (42 U.S.C.

14 2274(b)) is amended by striking ‘‘$500,000’’ and in15 serting ‘‘$50,000’’.

16 (h) COORDINATION WITH OTHER AMENDMENTS.—

17 For purposes of applying amendments made by provisions

18 of this Act other than provisions of this section, this sec19 tion shall be treated as having been enacted immediately

20 before the other provisions of this Act.

21 SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES

22 TRANSPORTED OVERSEAS FOR ARMED

23 FORCES POST OFFICES.

24 Section 3401(b) of title 39, United States Code, is

25 amended by striking ‘‘100 inches in length and girth com-
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1 bined’’ in paragraphs (2) and (3) and inserting ‘‘the max2 imum size allowed by the Postal Service for fourth class

3 parcel post (known as ‘Standard Mail (B)’)’’.

4 SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREAT5 MENT OF MEMBERS RECEIVING SPECIAL PAY

6 FOR DUTY SUBJECT TO HOSTILE FIRE OR IM7 MINENT DANGER.

8 It is the sense of Congress that members of the

9 Armed Forces who receive special pay under section 310

10 of title 37, United States Code, for duty subject to hostile

11 fire or imminent danger should receive the same treatment

12 under Federal income tax laws as members serving in

13 combat zones.

14 SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR

15 PATROL.

16 (a) IN GENERAL.—Chapter 909 of title 10, United

17 States Code, is amended to read as follows:

18 ‘‘CHAPTER 909—CIVIL AIR PATROL

‘‘Sec.

‘‘9441. Status as federally chartered corporation; purposes.

‘‘9442. Status as volunteer civilian auxiliary of the Air Force.

‘‘9443. Activities performed as federally chartered nonprofit corporation.

‘‘9444. Activities performed as auxiliary of the Air Force.

‘‘9445. Funds appropriated for the Civil Air Patrol.

‘‘9446. Miscellaneous personnel authorities.

‘‘9447. Board of Governors.

‘‘9448. Regulations.
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1 ‘‘§ 9441. Status as federally chartered corporation;

2 purposes

3 ‘‘(a) STATUS.—(1) The Civil Air Patrol is a nonprofit

4 corporation that is federally chartered under section

5 40301 of title 36.

6 ‘‘(2) Except as provided in section 9442(b)(2) of this

7 title, the Civil Air Patrol is not an instrumentality of the

8 Federal Government for any purpose.

9 ‘‘(b) PURPOSES.—The purposes of the Civil Air Pa10 trol are set forth in section 40302 of title 36.

11 ‘‘§ 9442. Status as volunteer civilian auxiliary of the

12 Air Force

13 ‘‘(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil

14 Air Patrol is a volunteer civilian auxiliary of the Air Force

15 when the services of the Civil Air Patrol are used by any

16 department or agency in any branch of the Federal Gov17 ernment.

18 ‘‘(b) USE BY AIR FORCE.—(1) The Secretary of the

19 Air Force may use the services of the Civil Air Patrol to

20 fulfill the noncombat programs and missions of the De21 partment of the Air Force.

22 ‘‘(2) The Civil Air Patrol shall be deemed to be an

23 instrumentality of the United States with respect to any

24 act or omission of the Civil Air Patrol, including any mem25 ber of the Civil Air Patrol, in carrying out a mission as26 signed by the Secretary of the Air Force.
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1 ‘‘§ 9443. Activities performed as federally chartered

2 nonprofit corporation

3 ‘‘(a) USE OF FEDERALLY PROVIDED RESOURCES.—

4 In its status as a federally chartered nonprofit corpora5 tion, the Civil Air Patrol may use equipment, supplies, and

6 other resources, including aircraft, motor vehicles, com7 puters, and communications equipment, provided to the

8 Civil Air Patrol by a department or agency of the Federal

9 Government or acquired by or for the Civil Air Patrol with

10 appropriated funds (or with funds of the Civil Air Patrol,

11 but reimbursed from appropriated funds)—

12 ‘‘(1) to provide assistance requested by State or

13 local governmental authorities to perform disaster

14 relief missions and activities, other emergency mis15 sions and activities, and nonemergency missions and

16 activities; and

17 ‘‘(2) to fulfill its other purposes set forth in sec18 tion 40302 of title 36.

19 ‘‘(b) USE SUBJECT TO APPLICABLE LAWS.—The use

20 of equipment, supplies, or other resources under sub21 section (a) is subject to the laws and regulations that gov22 ern the use by nonprofit corporations of federally provided

23 assets or of assets purchased with appropriated funds, as

24 the case may be.

25 ‘‘(c) AUTHORITY NOT CONTINGENT ON REIMBURSE26 MENT.—The authority for the Civil Air Patrol to provide
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1 assistance under subsection (a)(1) is not contingent on the

2 Civil Air Patrol being reimbursed for the cost of providing

3 the assistance. If the Civil Air Patrol elects to require re4 imbursement for the provision of assistance under such

5 subsection, the Civil Air Patrol may establish the reim6 bursement rate at a rate less than the rates charged by

7 private sector sources for equivalent services.

8 ‘‘(d) LIABILITY INSURANCE.—The Secretary of the

9 Air Force may provide the Civil Air Patrol with funds for

10 paying the cost of liability insurance to cover missions and

11 activities carried out under this section.

12 ‘‘§ 9444. Activities performed as auxiliary of the Air

13 Force

14 ‘‘(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The

15 Secretary of the Air Force may furnish to the Civil Air

16 Patrol in accordance with this section any equipment, sup17 plies, and other resources that the Secretary determines

18 necessary to enable the Civil Air Patrol to fulfill the mis19 sions assigned by the Secretary to the Civil Air Patrol as

20 an auxiliary of the Air Force.

21 ‘‘(b) FORMS OF AIR FORCE SUPPORT.—The Sec22 retary of the Air Force may, under subsection (a)—

23 ‘‘(1) give, lend, or sell to the Civil Air Patrol

24 without regard to the Federal Property and Admin-
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1 istrative Services Act of 1949 (40 U.S.C. 471 et

2 seq.)—

3 ‘‘(A) major items of equipment (including

4 aircraft, motor vehicles, computers, and com5 munications equipment) that are excess to the

6 military departments; and

7 ‘‘(B) necessary related supplies and train8 ing aids that are excess to the military depart9 ments;

10 ‘‘(2) permit the use, with or without charge, of

11 services and facilities of the Air Force;

12 ‘‘(3) furnish supplies (including fuel, lubricants,

13 and other items required for vehicle and aircraft op14 erations) or provide funds for the acquisition of sup15 plies;

16 ‘‘(4) establish, maintain, and supply liaison offi17 cers of the Air Force at the national, regional, State,

18 and territorial headquarters of the Civil Air Patrol;

19 ‘‘(5) detail or assign any member of the Air

20 Force or any officer, employee, or contractor of the

21 Department of the Air Force to any liaison office at

22 the national, regional, State, or territorial head23 quarters of the Civil Air Patrol;

24 ‘‘(6) detail any member of the Air Force or any

25 officer, employee, or contractor of the Department of
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1 the Air Force to any unit or installation of the Civil

2 Air Patrol to assist in the training programs of the

3 Civil Air Patrol;

4 ‘‘(7) authorize the payment of travel expenses

5 and allowances, at rates not to exceed those paid to

6 employees of the United States under subchapter I

7 of chapter 57 of title 5, to members of the Civil Air

8 Patrol while the members are carrying out programs

9 or missions specifically assigned by the Air Force;

10 ‘‘(8) provide funds for the national head11 quarters of the Civil Air Patrol, including—

12 ‘‘(A) funds for the payment of staff com13 pensation and benefits, administrative expenses,

14 travel, per diem and allowances, rent, utilities,

15 other operational expenses of the national head16 quarters; and

17 ‘‘(B) to the extent considered necessary by

18 the Secretary of the Air Force to fulfill Air

19 Force requirements, funds for the payment of

20 compensation and benefits for key staff at re21 gional, State, or territorial headquarters;

22 ‘‘(9) authorize the payment of expenses of plac23 ing into serviceable condition, improving, and main24 taining equipment (including aircraft, motor vehi-
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1 cles, computers, and communications equipment)

2 owned or leased by the Civil Air Patrol;

3 ‘‘(10) provide funds for the lease or purchase of

4 items of equipment that the Secretary determines

5 necessary for the Civil Air Patrol;

6 ‘‘(11) support the Civil Air Patrol cadet pro7 gram by furnishing—

8 ‘‘(A) articles of the Air Force uniform to

9 cadets without cost; and

10 ‘‘(B) any other support that the Secretary

11 of the Air Force determines is consistent with

12 Air Force missions and objectives; and

13 ‘‘(12) provide support, including appropriated

14 funds, for the Civil Air Patrol aerospace education

15 program to the extent that the Secretary of the Air

16 Force determines appropriate for furthering the ful17 fillment of Air Force missions and objectives.

18 ‘‘(c) ASSISTANCE BY OTHER AGENCIES.—(1) The

19 Secretary of the Air Force may arrange for the use by

20 the Civil Air Patrol of such facilities and services under

21 the jurisdiction of the Secretary of the Army, the Sec22 retary of the Navy, or the head of any other department

23 or agency of the United States as the Secretary of the

24 Air Force considers to be needed by the Civil Air Patrol

25 to carry out its mission.
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1 ‘‘(2) An arrangement for use of facilities or services

2 of a military department or other department or agency

3 under this subsection shall be subject to the agreement

4 of the Secretary of the military department or head of the

5 other department or agency, as the case may be.

6 ‘‘(3) Each arrangement under this subsection shall

7 be made in accordance with regulations prescribed under

8 section 9448 of this title.

9 ‘‘§ 9445. Funds appropriated for the Civil Air Patrol

10 ‘‘Funds appropriated for the Civil Air Patrol shall be

11 available only for the exclusive use of the Civil Air Patrol.

12 ‘‘§ 9446. Miscellaneous personnel authorities

13 ‘‘(a) USE OF RETIRED AIR FORCE PERSONNEL.—

14 (1) Upon the request of a person retired from service in

15 the Air Force, the Secretary of the Air Force may enter

16 into a personal services contract with that person pro17 viding for the person to serve as an administrator or liai18 son officer for the Civil Air Patrol. The qualifications of

19 a person to provide the services shall be determined and

20 approved in accordance with regulations prescribed under

21 section 9448 of this title.

22 ‘‘(2) To the extent provided in a contract under para23 graph (1), a person providing services under the contract

24 may accept services on behalf of the Air Force.
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1 ‘‘(3) A person, while providing services under a con2 tract authorized under paragraph (1), may not be consid3 ered to be on active duty or inactive-duty training for any

4 purpose.

5 ‘‘(b) USE OF CIVIL AIR PATROL CHAPLAINS.—The

6 Secretary of the Air Force may use the services of Civil

7 Air Patrol chaplains in support of the Air Force active

8 duty and reserve component forces to the extent and under

9 conditions that the Secretary determines appropriate.

10 ‘‘§ 9447. Board of Governors

11 ‘‘(a) GOVERNING BODY.—The Board of Governors of

12 the Civil Air Patrol is the governing body of the Civil Air

13 Patrol.

14 ‘‘(b) COMPOSITION.—The Board of Governors is

15 composed of 11 members as follows:

16 ‘‘(1) Four members appointed by the Secretary

17 of the Air Force, who may be active or retired offi18 cers of the Air Force (including reserve components

19 of the Air Force), employees of the United States,

20 or private citizens.

21 ‘‘(2) Four members of the Civil Air Patrol, se22 lected in accordance with the constitution and by23 laws of the Civil Air Patrol.

24 ‘‘(3) Three members appointed or selected as

25 provided in subsection (c) from among personnel of
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1 any Federal Government agencies, public corpora2 tions, nonprofit associations, and other organizations

3 that have an interest and expertise in civil aviation

4 and the Civil Air Patrol mission.

5 ‘‘(c) APPOINTMENTS FROM INTERESTED ORGANIZA6 TIONS.—(1) Subject to paragraph (2), the members of the

7 Board of Governors referred to in subsection (b)(3) shall

8 be appointed jointly by the Secretary of the Air Force and

9 the National Commander of the Civil Air Patrol.

10 ‘‘(2) Any vacancy in the position of a member re11 ferred to in paragraph (1) that is not filled under that

12 paragraph within 90 days shall be filled by majority vote

13 of the other members of the Board.

14 ‘‘(d) CHAIRMAN.—The Chairman of the Board of

15 Governors shall be chosen by the members of the Board

16 of Governors from among the members of the Board re17 ferred to in paragraphs (1) and (2) of subsection (b) and

18 shall serve for a term of two years. The position of Chair19 man shall be held on a rotating basis between members

20 of the Board appointed by the Secretary of the Air Force

21 under paragraph (1) of subsection (b) and members of the

22 Board selected under paragraph (2) of that subsection.

23 ‘‘(e) POWERS.—(1) The Board of Governors shall,

24 subject to paragraphs (2) and (3), exercise the powers
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1 granted to the Civil Air Patrol under section 40304 of title

2 36.

3 ‘‘(2) Any exercise by the Board of the power to

4 amend the constitution or bylaws of the Civil Air Patrol

5 or to adopt a new constitution or bylaws shall be subject

6 to approval by a majority of the members of the Board.

7 ‘‘(3) Neither the Board of Governors nor any other

8 component of the Civil Air Patrol may modify or terminate

9 any requirement or authority set forth in this section.

10 ‘‘(f) PERSONAL LIABILITY FOR BREACH OF A FIDU11 CIARY DUTY.—(1) Subject to paragraph (2), the Board

12 of Governors may take such action as is necessary to limit

13 the personal liability of a member of the Board of Gov14 ernors to the Civil Air Patrol, or to any of its members,

15 for monetary damages for a breach of fiduciary duty while

16 serving as a member of the Board.

17 ‘‘(2) The Board may not limit the liability of a mem18 ber of the Board of Governors to the Civil Air Patrol, or

19 to any of its members, for monetary damages for any of

20 the following:

21 ‘‘(A) A breach of the member’s duty of loyalty

22 to the Civil Air Patrol or its members.

23 ‘‘(B) Any act or omission that is not in good

24 faith or that involves intentional misconduct or a

25 knowing violation of law.
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1 ‘‘(C) Participation in any transaction from

2 which the member directly or indirectly derives an

3 improper personal benefit.

4 ‘‘(3) Nothing in this subsection shall be construed as

5 rendering section 207 or 208 of title 18 inapplicable in

6 any respect to a member of the Board of Governors who

7 is a member of the Air Force on active duty, an officer

8 on a retired list of the Air Force, or an employee of the

9 United States.

10 ‘‘(g) PERSONAL LIABILITY FOR BREACH OF A FIDU11 CIARY DUTY.—(1) Except as provided in paragraph (2),

12 no member of the Board of Governors or officer of the

13 Civil Air Patrol shall be personally liable for damages for

14 any injury or death or loss or damage of property resulting

15 from a tortious act or omission of an employee or member

16 of the Civil Air Patrol.

17 ‘‘(2) Paragraph (1) does not apply to a member of

18 the Board of Governors or officer of the Civil Air Patrol

19 for a tortious act or omission in which the member or offi20 cer, as the case may be, was personally involved, whether

21 in breach of a civil duty or in commission of a criminal

22 offense.

23 ‘‘(3) Nothing in this subsection shall be construed to

24 restrict the applicability of common law protections and
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1 rights that a member of the Board of Governors or officer

2 of the Civil Air Patrol may have.

3 ‘‘(4) The protections provided under this subsection

4 are in addition to the protections provided under sub5 section (f).

6 ‘‘§ 9448. Regulations

7 ‘‘(a) AUTHORITY.—The Secretary of the Air Force

8 shall prescribe regulations for the administration of this

9 chapter.

10 ‘‘(b) REQUIRED REGULATIONS.—The regulations

11 shall include the following:

12 ‘‘(1) Regulations governing the conduct of the

13 activities of the Civil Air Patrol when it is per14 forming its duties as a volunteer civilian auxiliary of

15 the Air Force under section 9442 of this title.

16 ‘‘(2) Regulations for providing support by the

17 Air Force and for arranging assistance by other

18 agencies under section 9444 of this title.

19 ‘‘(3) Regulations governing the qualifications of

20 retired Air Force personnel to serve as an adminis21 trator or liaison officer for the Civil Air Patrol under

22 a personal services contract entered into under sec23 tion 9446(a) of this title.
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1 ‘‘(c) APPROVAL BY SECRETARY OF DEFENSE.—The

2 regulations required by subsection (b)(2) shall be subject

3 to the approval of the Secretary of Defense.’’.

4 (b) CONFORMING AMENDMENTS.—(1) Section 40302

5 of title 36, United States Code, is amended—

6 (A) by striking ‘‘to—’’ in the matter preceding

7 paragraph (1) and inserting ‘‘as follows:’’;

8 (B) by inserting ‘‘To’’ after the paragraph des9 ignation in each of paragraphs (1), (2), (3), and (4);

10 (C) by striking the semicolon at the end of

11 paragraphs (1)(B) and (2) and inserting a period;

12 (D) by striking ‘‘; and’’ at the end of paragraph

13 (3) and inserting a period; and

14 (E) by adding at the end the following:

15 ‘‘(5) To assist the Department of the Air Force

16 in fulfilling its noncombat programs and missions.’’.

17 (2)(A) Section 40303 of such title is amended—

18 (i) by inserting ‘‘(a) MEMBERSHIP.—’’ before

19 ‘‘Eligibility’’; and

20 (ii) by adding at the end the following:

21 ‘‘(b) GOVERNING BODY.—The Civil Air Patrol has a

22 Board of Governors. The composition and responsibilities

23 of the Board of Governors are set forth in section 9447

24 of title 10.’’.
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1 (B) The heading for such section is amended to read

2 as follows:

3 ‘‘§ 40303. Membership and governing body’’.

4 (C) The item relating to such section in the table of

5 sections at the beginning of chapter 403 of title 36, United

6 States Code, is amended to read as follows:

‘‘40303. Membership and governing body.’’.

7 (c) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect 120 days after the date of

9 the enactment of this Act.

10 SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO AS11 SESS UNITED STATES NATIONAL SECURITY

12 SPACE MANAGEMENT AND ORGANIZATION.

13 Section 1622(a) of the National Defense Authoriza14 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

15 Stat. 814; 10 U.S.C. 111 note) is amended by adding at

16 the end the following new paragraph:

17 ‘‘(6) The advisability of—

18 ‘‘(A) various actions to eliminate the de

19 facto requirement that specified officers in the

20 United States Space Command be flight rated

21 that results from the dual assignment of offi22 cers to that command and to one or more other

23 commands in positions in which such officers

24 are expressly required to be flight rated;
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1 ‘‘(B) the establishment of a requirement

2 that, as a condition of the assignment of a gen3 eral or flag officer to the United States Space

4 Command, the officer have experience in space,

5 missile, or information operations that was

6 gained through either acquisition or operational

7 experience; and

8 ‘‘(C) rotating the command of the United

9 States Space Command among the Armed

10 Forces.’’.

11 SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED

12 STATES AEROSPACE INDUSTRY.

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the ‘‘Commission on the Future

15 of the United States Aerospace Industry’’ (in this section

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

17 (b) MEMBERSHIP.—(1) The Commission shall be

18 composed of 12 members appointed, not later than March

19 1, 2001, as follows:

20 (A) Up to six members shall be appointed by

21 the President.

22 (B) Two members shall be appointed by the

23 Speaker of the House of Representatives.

24 (C) Two members shall be appointed by the

25 majority leader of the Senate.
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1 (D) One member shall be appointed by the mi2 nority leader of the Senate.

3 (E) One member shall be appointed by the mi4 nority leader of the House of Representatives.

5 (2) The members of the Commission shall be ap6 pointed from among persons with extensive experience and

7 national reputations in aerospace manufacturing, econom8 ics, finance, national security, international trade, or for9 eign policy and persons who are representative of labor

10 organizations associated with the aerospace industry.

11 (3) Members shall be appointed for the life of the

12 Commission. A vacancy in the Commission shall not affect

13 its powers, but shall be filled in the same manner as the

14 original appointment.

15 (4) The President shall designate one member of the

16 Commission to serve as the chairman of the Commission.

17 (5) The Commission shall meet at the call of the

18 chairman. A majority of the members shall constitute a

19 quorum, but a lesser number may hold hearings.

20 (c) DUTIES.—(1) The Commission shall—

21 (A) study the issues associated with the future

22 of the United States aerospace industry in the global

23 economy, particularly in relationship to United

24 States national security; and
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1 (B) assess the future importance of the domes2 tic aerospace industry for the economic and national

3 security of the United States.

4 (2) In order to fulfill its responsibilities, the Commis5 sion shall study the following:

6 (A) The budget process of the United States

7 Government, particularly with a view to assessing

8 the adequacy of projected budgets of the federal de9 partments and agencies for aerospace research and

10 development and procurement.

11 (B) The acquisition process of the Government,

12 particularly with a view to assessing—

13 (i) the adequacy of the current acquisition

14 process of federal departments and agencies;

15 and

16 (ii) the procedures for developing and field17 ing aerospace systems incorporating new tech18 nologies in a timely fashion.

19 (C) The policies, procedures, and methods for

20 the financing and payment of government contracts.

21 (D) Statutes and regulations governing inter22 national trade and the export of technology, particu23 larly with a view to assessing—

24 (i) the extent to which the current system

25 for controlling the export of aerospace goods,
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1 services, and technologies reflects an adequate

2 balance between the need to protect national se3 curity and the need to ensure unhindered access

4 to the global marketplace; and

5 (ii) the adequacy of United States and

6 multilateral trade laws and policies for main7 taining the international competitiveness of the

8 United States aerospace industry.

9 (E) Policies governing taxation, particularly

10 with a view to assessing the impact of current tax

11 laws and practices on the international competitive12 ness of the aerospace industry.

13 (F) Programs for the maintenance of the na14 tional space launch infrastructure, particularly with

15 a view to assessing the adequacy of current and pro16 jected programs for maintaining the national space

17 launch infrastructure.

18 (G) Programs for the support of science and

19 engineering education, including current programs

20 for supporting aerospace science and engineering ef21 forts at institutions of higher learning, with a view

22 to determining the adequacy of those programs.

23 (d) REPORT.—(1) Not later than March 1, 2002, the

24 Commission shall submit a report on its activities to the

25 President and Congress.
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1 (2) The report shall include the following:

2 (A) The Commission’s findings and conclusions.

3 (B) The Commission’s recommendations for ac4 tions by federal departments and agencies to support

5 the maintenance of a robust aerospace industry in

6 the United States in the 21st century and any rec7 ommendations for statutory and regulatory changes

8 to support the implementation of the Commission’s

9 findings.

10 (C) A discussion of the appropriate means for

11 implementing the Commission’s recommendations.

12 (e) ADMINISTRATIVE REQUIREMENTS AND AUTHORI13 TIES.—(1) The Director of the Office of Management and

14 Budget shall ensure that the Commission is provided such

15 administrative services, facilities, staff, and other support

16 services as may be necessary. Any expenses of the Com17 mission shall be paid from funds available to the Director.

18 (2) The Commission may hold hearings, sit and act

19 at times and places, take testimony, and receive evidence

20 that the Commission considers advisable to carry out the

21 purposes of this section.

22 (3) The Commission may request directly from any

23 department or agency of the United States any informa24 tion that the Commission considers necessary to carry out

25 the provisions of this section. To the extent consistent with
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1 applicable requirements of law and regulations, the head

2 of such department or agency shall furnish such informa3 tion to the Commission.

4 (4) The Commission may use the United States mails

5 in the same manner and under the same conditions as

6 other departments and agencies of the United States.

7 (f) COMMISSION PERSONNEL MATTERS.—(1) Mem8 bers of the Commission shall serve without additional com9 pensation for their service on the Commission, except that

10 members appointed from among private citizens may be

11 allowed travel expenses, including per diem in lieu of sub12 sistence, as authorized by law for persons serving intermit13 tently in government service under subchapter I of chapter

14 57 of title 5, United States Code, while away from their

15 homes and places of business in the performance of serv16 ices for the Commission.

17 (2) The chairman of the Commission may appoint

18 staff of the Commission, request the detail of Federal em19 ployees, and accept temporary and intermittent services

20 in accordance with section 3161 of title 5, United States

21 Code (as added by section 1101 of this Act).

22 (g) TERMINATION.—The Commission shall terminate

23 30 days after the date of the submission of its report

24 under subsection (d).
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1 SEC. 1093. DRUG ADDICTION TREATMENT.

2 (a) IN GENERAL.—Section 303(g) of the Controlled

3 Substances Act (21 U.S.C. 823(g)) is amended—

4 (1) in paragraph (2), by striking ‘‘(A) security’’

5 and inserting ‘‘(i) security’’, and by striking ‘‘(B)

6 the maintenance’’ and inserting ‘‘(ii) the mainte7 nance’’;

8 (2) by redesignating paragraphs (1) through

9 (3) as subparagraphs (A) through (C), respectively;

10 (3) by inserting ‘‘(1)’’ after ‘‘(g)’’;

11 (4) by striking ‘‘Practitioners who dispense’’

12 and inserting ‘‘Except as provided in paragraph (2),

13 practitioners who dispense’’; and

14 (5) by adding at the end the following para15 graph:

16 ‘‘(2)(A) Subject to subparagraphs (D) and (J), the

17 requirements of paragraph (1) are waived in the case of

18 the dispensing (including the prescribing), by a practi19 tioner, of narcotic drugs in schedule III, IV, or V or com20 binations of such drugs if the practitioner meets the condi21 tions specified in subparagraph (B) and the narcotic drugs

22 or combinations of such drugs meet the conditions speci23 fied in subparagraph (C).

24 ‘‘(B) For purposes of subparagraph (A), the condi25 tions specified in this subparagraph with respect to a prac26 titioner are that, before the initial dispensing of narcotic
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1 drugs in schedule III, IV, or V or combinations of such

2 drugs to patients for maintenance or detoxification treat3 ment, the practitioner submit to the Secretary a notifica4 tion of the intent of the practitioner to begin dispensing

5 the drugs or combinations for such purpose, and that the

6 notification contain the following certifications by the

7 practitioner:

8 ‘‘(i) The practitioner is a qualifying physician

9 (as defined in subparagraph (G)).

10 ‘‘(ii) With respect to patients to whom the prac11 titioner will provide such drugs or combinations of

12 drugs, the practitioner has the capacity to refer the

13 patients for appropriate counseling and other appro14 priate ancillary services.

15 ‘‘(iii) In any case in which the practitioner is

16 not in a group practice, the total number of such pa17 tients of the practitioner at any one time will not ex18 ceed the applicable number. For purposes of this

19 clause, the applicable number is 30, except that the

20 Secretary may by regulation change such total num21 ber.

22 ‘‘(iv) In any case in which the practitioner is in

23 a group practice, the total number of such patients

24 of the group practice at any one time will not exceed

25 the applicable number. For purposes of this clause,
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1 the applicable number is 30, except that the Sec2 retary may by regulation change such total number,

3 and the Secretary for such purposes may by regula4 tion establish different categories on the basis of the

5 number of practitioners in a group practice and es6 tablish for the various categories different numerical

7 limitations on the number of such patients that the

8 group practice may have.

9 ‘‘(C) For purposes of subparagraph (A), the condi10 tions specified in this subparagraph with respect to nar11 cotic drugs in schedule III, IV, or V or combinations of

12 such drugs are as follows:

13 ‘‘(i) The drugs or combinations of drugs have,

14 under the Federal Food, Drug, and Cosmetic Act or

15 section 351 of the Public Health Service Act, been

16 approved for use in maintenance or detoxification

17 treatment.

18 ‘‘(ii) The drugs or combinations of drugs have

19 not been the subject of an adverse determination.

20 For purposes of this clause, an adverse determina21 tion is a determination published in the Federal

22 Register and made by the Secretary, after consulta23 tion with the Attorney General, that the use of the

24 drugs or combinations of drugs for maintenance or

25 detoxification treatment requires additional stand-
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1 ards respecting the qualifications of practitioners to

2 provide such treatment, or requires standards re3 specting the quantities of the drugs that may be pro4 vided for unsupervised use.

5 ‘‘(D)(i) A waiver under subparagraph (A) with re6 spect to a practitioner is not in effect unless (in addition

7 to conditions under subparagraphs (B) and (C)) the fol8 lowing conditions are met:

9 ‘‘(I) The notification under subparagraph (B) is

10 in writing and states the name of the practitioner.

11 ‘‘(II) The notification identifies the registration

12 issued for the practitioner pursuant to subsection

13 (f).

14 ‘‘(III) If the practitioner is a member of a

15 group practice, the notification states the names of

16 the other practitioners in the practice and identifies

17 the registrations issued for the other practitioners

18 pursuant to subsection (f).

19 ‘‘(ii) Upon receiving a notification under subpara20 graph (B), the Attorney General shall assign the practi21 tioner involved an identification number under this para22 graph for inclusion with the registration issued for the

23 practitioner pursuant to subsection (f). The identification

24 number so assigned shall be appropriate to preserve the

25 confidentiality of patients for whom the practitioner has
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1 dispensed narcotic drugs under a waiver under subpara2 graph (A).

3 ‘‘(iii) Not later than 45 days after the date on which

4 the Secretary receives a notification under subparagraph

5 (B), the Secretary shall make a determination of whether

6 the practitioner involved meets all requirements for a

7 waiver under subparagraph (B). If the Secretary fails to

8 make such determination by the end of the such 45-day

9 period, the Attorney General shall assign the physician an

10 identification number described in clause (ii) at the end

11 of such period.

12 ‘‘(E)(i) If a practitioner is not registered under para13 graph (1) and, in violation of the conditions specified in

14 subparagraphs (B) through (D), dispenses narcotic drugs

15 in schedule III, IV, or V or combinations of such drugs

16 for maintenance treatment or detoxification treatment, the

17 Attorney General may, for purposes of section 304(a)(4),

18 consider the practitioner to have committed an act that

19 renders the registration of the practitioner pursuant to

20 subsection (f) to be inconsistent with the public interest.

21 ‘‘(ii)(I) Upon the expiration of 45 days from the date

22 on which the Secretary receives a notification under sub23 paragraph (B), a practitioner who in good faith submits

24 a notification under subparagraph (B) and reasonably be25 lieves that the conditions specified in subparagraphs (B)
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1 through (D) have been met shall, in dispensing narcotic

2 drugs in schedule III, IV, or V or combinations of such

3 drugs for maintenance treatment or detoxification treat4 ment, be considered to have a waiver under subparagraph

5 (A) until notified otherwise by the Secretary, except that

6 such a practitioner may commence to prescribe or dispense

7 such narcotic drugs for such purposes prior to the expira8 tion of such 45-day period if it facilitates the treatment

9 of an individual patient and both the Secretary and the

10 Attorney General are notified by the practitioner of the

11 intent to commence prescribing or dispensing such nar12 cotic drugs.

13 ‘‘(II) For purposes of subclause (I), the publication

14 in the Federal Register of an adverse determination by

15 the Secretary pursuant to subparagraph (C)(ii) shall (with

16 respect to the narcotic drug or combination involved) be

17 considered to be a notification provided by the Secretary

18 to practitioners, effective upon the expiration of the 30-

19 day period beginning on the date on which the adverse

20 determination is so published.

21 ‘‘(F)(i) With respect to the dispensing of narcotic

22 drugs in schedule III, IV, or V or combinations of such

23 drugs to patients for maintenance or detoxification treat24 ment, a practitioner may, in his or her discretion, dispense

25 such drugs or combinations for such treatment under a
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1 registration under paragraph (1) or a waiver under sub2 paragraph (A) (subject to meeting the applicable condi3 tions).

4 ‘‘(ii) This paragraph may not be construed as having

5 any legal effect on the conditions for obtaining a registra6 tion under paragraph (1), including with respect to the

7 number of patients who may be served under such a reg8 istration.

9 ‘‘(G) For purposes of this paragraph:

10 ‘‘(i) The term ‘group practice’ has the meaning

11 given such term in section 1877(h)(4) of the Social

12 Security Act.

13 ‘‘(ii) The term ‘qualifying physician’ means a

14 physician who is licensed under State law and who

15 meets one or more of the following conditions:

16 ‘‘(I) The physician holds a subspecialty

17 board certification in addiction psychiatry from

18 the American Board of Medical Specialties.

19 ‘‘(II) The physician holds an addiction cer20 tification from the American Society of Addic21 tion Medicine.

22 ‘‘(III) The physician holds a subspecialty

23 board certification in addiction medicine from

24 the American Osteopathic Association.
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1 ‘‘(IV) The physician has, with respect to

2 the treatment and management of opiate-de3 pendent patients, completed not less than eight

4 hours of training (through classroom situations,

5 seminars at professional society meetings, elec6 tronic communications, or otherwise) that is

7 provided by the American Society of Addiction

8 Medicine, the American Academy of Addiction

9 Psychiatry, the American Medical Association,

10 the American Osteopathic Association, the

11 American Psychiatric Association, or any other

12 organization that the Secretary determines is

13 appropriate for purposes of this subclause.

14 ‘‘(V) The physician has participated as an

15 investigator in one or more clinical trials lead16 ing to the approval of a narcotic drug in sched17 ule III, IV, or V for maintenance or detoxifica18 tion treatment, as demonstrated by a statement

19 submitted to the Secretary by the sponsor of

20 such approved drug.

21 ‘‘(VI) The physician has such other train22 ing or experience as the State medical licensing

23 board (of the State in which the physician will

24 provide maintenance or detoxification treat25 ment) considers to demonstrate the ability of
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1 the physician to treat and manage opiate-de2 pendent patients.

3 ‘‘(VII) The physician has such other train4 ing or experience as the Secretary considers to

5 demonstrate the ability of the physician to treat

6 and manage opiate-dependent patients. Any cri7 teria of the Secretary under this subclause shall

8 be established by regulation. Any such criteria

9 are effective only for 3 years after the date on

10 which the criteria are promulgated, but may be

11 extended for such additional discrete 3-year pe12 riods as the Secretary considers appropriate for

13 purposes of this subclause. Such an extension of

14 criteria may only be effectuated through a

15 statement published in the Federal Register by

16 the Secretary during the 30-day period pre17 ceding the end of the 3-year period involved.

18 ‘‘(H)(i) In consultation with the Administrator of the

19 Drug Enforcement Administration, the Administrator of

20 the Substance Abuse and Mental Health Services Admin21 istration, the Director of the National Institute on Drug

22 Abuse, and the Commissioner of Food and Drugs, the Sec23 retary shall issue regulations (through notice and com24 ment rulemaking) or issue practice guidelines to address

25 the following:
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1 ‘‘(I) Approval of additional credentialing bodies

2 and the responsibilities of additional credentialing

3 bodies.

4 ‘‘(II) Additional exemptions from the require5 ments of this paragraph and any regulations under

6 this paragraph.

7 Nothing in such regulations or practice guidelines may au8 thorize any Federal official or employee to exercise super9 vision or control over the practice of medicine or the man10 ner in which medical services are provided.

11 ‘‘(ii) Not later than 120 days after the date of the

12 enactment of the Floyd D. Spence National Defense Au13 thorization Act for Fiscal Year 2001, the Secretary shall

14 issue a treatment improvement protocol containing best

15 practice guidelines for the treatment and maintenance of

16 opiate-dependent patients. The Secretary shall develop the

17 protocol in consultation with the Director of the National

18 Institute on Drug Abuse, the Administrator of the Drug

19 Enforcement Administration, the Commissioner of Food

20 and Drugs, the Administrator of the Substance Abuse and

21 Mental Health Services Administration, and other sub22 stance abuse disorder professionals. The protocol shall be

23 guided by science.

24 ‘‘(I) During the 3-year period beginning on the date

25 of the enactment of the Floyd D. Spence National Defense
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1 Authorization Act for Fiscal Year 2001, a State may not

2 preclude a practitioner from dispensing or prescribing

3 drugs in schedule III, IV, or V, or combinations of such

4 drugs, to patients for maintenance or detoxification treat5 ment in accordance with this paragraph unless, before the

6 expiration of that 3-year period, the State enacts a law

7 prohibiting a practitioner from dispensing such drugs or

8 combinations of drug.

9 ‘‘(J)(i) This paragraph takes effect on the date of the

10 enactment of the Floyd D. Spence National Defense Au11 thorization Act for Fiscal Year 2001, and remains in ef12 fect thereafter except as provided in clause (iii) (relating

13 to a decision by the Secretary or the Attorney General that

14 this paragraph should not remain in effect).

15 ‘‘(ii) For purposes relating to clause (iii), the Sec16 retary and the Attorney General may, during the 3-year

17 period beginning on the date of the enactment of the Floyd

18 D. Spence National Defense Authorization Act for Fiscal

19 Year 2001, make determinations in accordance with the

20 following:

21 ‘‘(I) The Secretary may make a determination

22 of whether treatments provided under waivers under

23 subparagraph (A) have been effective forms of main24 tenance treatment and detoxification treatment in

25 clinical settings; may make a determination of
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1 whether such waivers have significantly increased

2 (relative to the beginning of such period) the avail3 ability of maintenance treatment and detoxification

4 treatment; and may make a determination of wheth5 er such waivers have adverse consequences for the

6 public health.

7 ‘‘(II) The Attorney General may make a deter8 mination of the extent to which there have been vio9 lations of the numerical limitations established

10 under subparagraph (B) for the number of individ11 uals to whom a practitioner may provide treatment;

12 may make a determination of whether waivers under

13 subparagraph (A) have increased (relative to the be14 ginning of such period) the extent to which narcotic

15 drugs in schedule III, IV, or V or combinations of

16 such drugs are being dispensed or possessed in viola17 tion of this Act; and may make a determination of

18 whether such waivers have adverse consequences for

19 the public health.

20 ‘‘(iii) If, before the expiration of the period specified

21 in clause (ii), the Secretary or the Attorney General pub22 lishes in the Federal Register a decision, made on the

23 basis of determinations under such clause, that this para24 graph should not remain in effect, this paragraph ceases

25 to be in effect 60 days after the date on which the decision
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1 is so published. The Secretary shall in making any such

2 decision consult with the Attorney General, and shall in

3 publishing the decision in the Federal Register include any

4 comments received from the Attorney General for inclu5 sion in the publication. The Attorney General shall in

6 making any such decision consult with the Secretary, and

7 shall in publishing the decision in the Federal Register

8 include any comments received from the Secretary for in9 clusion in the publication.’’.

10 (b) CONFORMING AMENDMENTS.—Section 304 of the

11 Controlled Substances Act (21 U.S.C. 824) is amended—

12 (1) in subsection (a), in the matter after and

13 below paragraph (5), by striking ‘‘section 303(g)’’

14 each place such term appears and inserting ‘‘section

15 303(g)(1)’’; and

16 (2) in subsection (d), by striking ‘‘section

17 303(g)’’ and inserting ‘‘section 303(g)(1)’’.

18 (c) ADDITIONAL AUTHORIZATION OF APPROPRIA19 TIONS.—For the purpose of assisting the Secretary of

20 Health and Human Services with the additional duties es21 tablished for the Secretary pursuant to the amendments

22 made by this section, there are authorized to be appro23 priated, in addition to other authorizations of appropria24 tions that are available for such purpose, such sums as
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1 may be necessary for each of fiscal years 2001 through

2 2003.

3 (d) COORDINATION OF PROVISIONS.—(1) If the Drug

4 Addiction Treatment Act of 2000 is enacted before this

5 Act, the provisions of this section shall not take effect.

6 (2) If the Drug Addiction Treatment Act of 2000 is

7 enacted after this Act, the amendments made by this sec8 tion shall be deemed for all purposes to have been made

9 by section 3502 of that Act and this section shall cease

10 to be in effect as of that enactment.

11 TITLE XI—DEPARTMENT OF

12 DEFENSE CIVILIAN PERSONNEL

Subtitle A—Civilian Personnel Management Generally

Sec. 1101. Employment and compensation of employees for temporary organizations established by law or Executive order.

Sec. 1102. Assistive technology accommodations program.

Sec. 1103. Extension of authority for voluntary separations in reductions in

force.

Sec. 1104. Electronic maintenance of performance appraisal systems.

Sec. 1105. Study on civilian personnel services.

Subtitle B—Demonstration and Pilot Programs

Sec. 1111. Pilot program for reengineering the equal employment opportunity

complaint process.

Sec. 1112. Work safety demonstration program.

Sec. 1113. Extension, expansion, and revision of authority for experimental personnel program for scientific and technical personnel.

Sec. 1114. Clarification of personnel management authority under personnel

demonstration project.

Subtitle C—Educational Assistance

Sec. 1121. Restructuring the restriction on degree training.

Sec. 1122. Student loan repayment programs.

Sec. 1123. Extension of authority for tuition reimbursement and training for

civilian employees in the defense acquisition workforce.

Subtitle D—Other Benefits
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Sec. 1131. Additional special pay for foreign language proficiency beneficial for

United States national security interests.

Sec. 1132. Approval authority for cash awards in excess of $10,000.

Sec. 1133. Leave for crews of certain vessels.

Sec. 1134. Life insurance for emergency essential Department of Defense employees.

Subtitle E—Intelligence Civilian Personnel

Sec. 1141. Expansion of defense civilian intelligence personnel system positions.

Sec. 1142. Increase in number of positions authorized for the Defense Intelligence Senior Executive Service.

Subtitle F—Voluntary Separation Incentive Pay and Early

Retirement Authority

Sec. 1151. Extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement.

Sec. 1152. Department of Defense employee voluntary early retirement authority.

Sec. 1153. Limitations.

1 Subtitle A—Civilian Personnel

2 Management Generally

3 SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOY4 EES FOR TEMPORARY ORGANIZATIONS ES5 TABLISHED BY LAW OR EXECUTIVE ORDER.

6 (a) IN GENERAL.—Chapter 31 of title 5, United

7 States Code, is amended by adding at the end the fol8 lowing new subchapter:

9 ‘‘SUBCHAPTER IV—TEMPORARY ORGANIZA10 TIONS ESTABLISHED BY LAW OR EXECU11 TIVE ORDER

12 ‘‘§ 3161. Employment and compensation of employees

13 ‘‘(a) DEFINITION OF TEMPORARY ORGANIZATION.—

14 For the purposes of this subchapter, the term ‘temporary

15 organization’ means a commission, committee, board, or

16 other organization that—
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1 ‘‘(1) is established by law or Executive order

2 for a specific period not in excess of three years for

3 the purpose of performing a specific study or other

4 project; and

5 ‘‘(2) is terminated upon the completion of the

6 study or project or upon the occurrence of a condi7 tion related to the completion of the study or

8 project.

9 ‘‘(b) EMPLOYMENT AUTHORITY.—(1) Notwith10 standing the provisions of chapter 51 of this title, the head

11 of a temporary organization may appoint persons to posi12 tions of employment in a temporary organization in such

13 numbers and with such skills as are necessary for the per14 formance of the functions required of a temporary organi15 zation.

16 ‘‘(2) The period of an appointment under paragraph

17 (1) may not exceed three years, except that under regula18 tions prescribed by the Office of Personnel Management

19 the period of appointment may be extended for up to an

20 additional two years.

21 ‘‘(3) The positions of employment in a temporary or22 ganization are in the excepted service of the civil service.

23 ‘‘(c) DETAIL AUTHORITY.—Upon the request of the

24 head of a temporary organization, the head of any depart25 ment or agency of the Government may detail, on a non-
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1 reimbursable basis, any personnel of the department or

2 agency to that organization to assist in carrying out its

3 duties.

4 ‘‘(d) COMPENSATION.—(1) The rate of basic pay for

5 an employee appointed under subsection (b) shall be estab6 lished under regulations prescribed by the Office of Per7 sonnel Management without regard to the provisions of

8 chapter 51 and subchapter III of chapter 53 of this title.

9 ‘‘(2) The rate of basic pay for the chairman, a mem10 ber, an executive director, a staff director, or another exec11 utive level position of a temporary organization may not

12 exceed the maximum rate of basic pay established for the

13 Senior Executive Service under section 5382 of this title.

14 ‘‘(3) Except as provided in paragraph (4), the rate

15 of basic pay for other positions in a temporary organiza16 tion may not exceed the maximum rate of basic pay for

17 grade GS–15 of the General Schedule under section 5332

18 of this title.

19 ‘‘(4) The rate of basic pay for a senior staff position

20 of a temporary organization may, in a case determined

21 by the head of the temporary organization as exceptional,

22 exceed the maximum rate of basic pay authorized under

23 paragraph (3), but may not exceed the maximum rate of

24 basic pay authorized for an executive level position under

25 paragraph (2).
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1 ‘‘(5) In this subsection, the term ‘basic pay’ includes

2 locality pay provided for under section 5304 of this title.

3 ‘‘(e) TRAVEL EXPENSES.—An employee of a tem4 porary organization, whether employed on a full-time or

5 part-time basis, may be allowed travel and transportation

6 expenses, including per diem in lieu of subsistence, at

7 rates authorized for employees of agencies under sub8 chapter I of chapter 57 of this title, while traveling away

9 from the employee’s regular place of business in the per10 formance of services for the temporary organization.

11 ‘‘(f) BENEFITS.—An employee appointed under sub12 section (b) shall be afforded the same benefits and entitle13 ments as are provided temporary employees under this

14 title.

15 ‘‘(g) RETURN RIGHTS.—An employee serving under

16 a career or career conditional appointment or the equiva17 lent in an agency who transfers to or converts to an ap18 pointment in a temporary organization with the consent

19 of the head of the agency is entitled to be returned to

20 the employee’s former position or a position of like senior21 ity, status, and pay without grade or pay retention in the

22 agency if the employee—

23 ‘‘(1) is being separated from the temporary or24 ganization for reasons other than misconduct, ne25 glect of duty, or malfeasance; and
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1 ‘‘(2) applies for return not later than 30 days

2 before the earlier of—

3 ‘‘(A) the date of the termination of the em4 ployment in the temporary organization; or

5 ‘‘(B) the date of the termination of the

6 temporary organization.

7 ‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—

8 The head of a temporary organization may procure for

9 the organization temporary and intermittent services

10 under section 3109(b) of this title.

11 ‘‘(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1)

12 The head of a temporary organization may accept volun13 teer services appropriate to the duties of the organization

14 without regard to section 1342 of title 31.

15 ‘‘(2) Donors of voluntary services accepted for a tem16 porary organization under this subsection may include the

17 following:

18 ‘‘(A) Advisors.

19 ‘‘(B) Experts.

20 ‘‘(C) Members of the commission, committee,

21 board, or other temporary organization, as the case

22 may be.

23 ‘‘(D) A person performing services in any other

24 capacity determined appropriate by the head of the

25 temporary organization.
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1 ‘‘(3) The head of the temporary organization—

2 ‘‘(A) shall ensure that each person performing

3 voluntary services accepted under this subsection is

4 notified of the scope of the voluntary services accept5 ed;

6 ‘‘(B) shall supervise the volunteer to the same

7 extent as employees receiving compensation for simi8 lar services; and

9 ‘‘(C) shall ensure that the volunteer has appro10 priate credentials or is otherwise qualified to per11 form in each capacity for which the volunteer’s serv12 ices are accepted.

13 ‘‘(4) A person providing volunteer services accepted

14 under this subsection shall be considered an employee of

15 the Federal Government in the performance of those serv16 ices for the purposes of the following provisions of law:

17 ‘‘(A) Chapter 81 of this title, relating to com18 pensation for work-related injuries.

19 ‘‘(B) Chapter 171 of title 28, relating to tort

20 claims.

21 ‘‘(C) Chapter 11 of title 18, relating to conflicts

22 of interest.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of such chapter is amended by adding

25 at the end the following:
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‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED

BY LAW OR EXECUTIVE ORDER

‘‘Sec.

‘‘3161. Employment and compensation of employees.’’.

1 SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS

2 PROGRAM.

3 (a) AUTHORITY TO PROVIDE TECHNOLOGY, DE4 VICES, AND SERVICES.—Chapter 81 of title 10, United

5 States Code, is amended by inserting after section 1581

6 the following new section:

7 ‘‘§ 1582. Assistive technology, assistive technology de8 vices, and assistive technology services

9 ‘‘(a) AUTHORITY.—The Secretary of Defense may

10 provide assistive technology, assistive technology devices,

11 and assistive technology services to the following:

12 ‘‘(1) Department of Defense employees with

13 disabilities.

14 ‘‘(2) Organizations within the Department that

15 have requirements to make programs or facilities ac16 cessible to, and usable by, persons with disabilities.

17 ‘‘(3) Any other department or agency of the

18 Federal Government, upon the request of the head

19 of that department or agency, for its employees with

20 disabilities or for satisfying a requirement to make

21 its programs or facilities accessible to, and usable

22 by, persons with disabilities.
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1 ‘‘(b) DEFINITIONS.—In this section, the terms ‘as2 sistive technology’, ‘assistive technology device’, ‘assistive

3 technology service’, and ‘disability’ have the meanings

4 given those terms in section 3 of the Assistive Technology

5 Act of 1998 (29 U.S.C. 3002).’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of such chapter is amended by inserting

8 after the item relating to section 1581 the following new

9 item:

‘‘1582. Assistive technology, assistive technology devices, and assistive technology services.’’.

10 SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY

11 SEPARATIONS IN REDUCTIONS IN FORCE.

12 Section 3502(f)(5) of title 5, United States Code, is

13 amended by striking ‘‘September 30, 2001’’ and inserting

14 ‘‘September 30, 2005’’.

15 SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE

16 APPRAISAL SYSTEMS.

17 Section 4302 of title 5, United States Code, is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(c) In accordance with regulations which the Office

21 shall prescribe, the head of an agency may administer and

22 maintain a performance appraisal system electronically.’’.
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1 SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.

2 (a) STUDY REQUIRED.—The Secretary of Defense

3 shall assess the manner in which personnel services are

4 provided for civilian personnel in the Department of De5 fense and determine whether—

6 (1) administration of such services should con7 tinue to be centralized in individual military services

8 and Defense Agencies or whether such services

9 should be centralized within designated geographical

10 areas to provide services to all Department of De11 fense elements;

12 (2) offices that perform such services should be

13 established to perform specific functions rather than

14 cover an established geographical area;

15 (3) processes and functions of civilian personnel

16 offices should be reengineered to provide greater ef17 ficiency and better service to management and em18 ployees of the Department of Defense; and

19 (4) efficiencies could be gained by public-private

20 competition of the delivery of any of the personnel

21 services for civilian personnel of the Department of

22 Defense.

23 (b) REPORT.—Not later than January 1, 2002, the

24 Secretary of Defense shall submit a report on the study,

25 including recommendations, to the Committees on Armed

26 Services of the Senate and the House of Representatives.
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1 The report shall include the Secretary’s assessment of the

2 items described in subsection (a), and, if appropriate, a

3 proposal for a demonstration program to test the concepts

4 developed under the study. The Secretary may also include

5 any recommendations for legislation or other actions that

6 the Secretary considers appropriate to increase the effec7 tiveness and efficiency of the delivery of personnel services

8 with respect to civilian personnel of the Department of De9 fense.

10 Subtitle B—Demonstration and

11 Pilot Programs

12 SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE

13 EQUAL EMPLOYMENT OPPORTUNITY COM14 PLAINT PROCESS.

15 (a) PILOT PROGRAM.—(1) The Secretary of Defense

16 shall carry out a pilot program to improve processes for

17 the resolution of equal employment opportunity com18 plaints by civilian employees of the Department of De19 fense. Complaints processed under the pilot program shall

20 be subject to the procedural requirements established for

21 the pilot program and shall not be subject to the proce22 dural requirements of part 1614 of title 29 of the Code

23 of Federal Regulations or other regulations, directives, or

24 regulatory restrictions prescribed by the Equal Employ25 ment Opportunity Commission.
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1 (2) The pilot program shall include procedures to re2 duce processing time and eliminate redundancy with re3 spect to processes for the resolution of equal employment

4 opportunity complaints, reinforce local management and

5 chain-of-command accountability, and provide the parties

6 involved with early opportunity for resolution.

7 (3) The Secretary may carry out the pilot program

8 for a period of three years, beginning on January 1, 2001.

9 (4)(A) Participation in the pilot program shall be vol10 untary on the part of the complainant. Complainants who

11 participate in the pilot program shall retain the right to

12 appeal a final agency decision to the Equal Employment

13 Opportunity Commission and to file suit in district court.

14 The Equal Employment Opportunity Commission shall

15 not reverse a final agency decision on the grounds that

16 the agency did not comply with the regulatory require17 ments promulgated by the Commission.

18 (B) Subparagraph (A) shall apply to all cases—

19 (i) pending as of January 1, 2001, before the

20 Equal Employment Opportunity Commission involv21 ing a civilian employee who filed a complaint under

22 the pilot program of the Department of the Navy to

23 improve processes for the resolution of equal employ24 ment opportunity complaints; and
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1 (ii) hereinafter filed with the Commission under

2 the pilot program established by this section.

3 (5) The pilot program shall be carried out in at least

4 one military department and two Defense Agencies.

5 (b) REPORT.—Not later than 90 days following the

6 end of the first and last full or partial fiscal years during

7 which the pilot program is implemented, the Comptroller

8 General shall submit to Congress a report on the pilot pro9 gram. Such report shall contain the following:

10 (1) A description of the processes tested by the

11 pilot program.

12 (2) The results of such testing.

13 (3) Recommendations for changes to the proc14 esses for the resolution of equal employment oppor15 tunity complaints as a result of such pilot program.

16 (4) A comparison of the processes used, and re17 sults obtained, under the pilot program to tradi18 tional and alternative dispute resolution processes

19 used in the government or private industry.

20 SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.

21 (a) ESTABLISHMENT.—The Secretary of Defense

22 shall carry out a defense employees work safety dem23 onstration program.

24 (b) PRIVATE SECTOR WORK SAFETY MODELS.—

25 Under the demonstration program, the Secretary shall—
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1 (1) adopt for use in the workplace of civilian

2 employees of the Department of Defense such work

3 safety models used by employers in the private sec4 tor that the Secretary considers as being representa5 tive of the best work safety practices in use by pri6 vate sector employers; and

7 (2) determine whether the use of those prac8 tices in the Department of Defense improves the

9 work safety record of Department of Defense em10 ployees.

11 (c) SITES.—(1) The Secretary shall carry out the

12 demonstration program—

13 (A) at not fewer than two installations of each

14 of the Armed Forces (other than the Coast Guard),

15 for employees of the military department concerned;

16 and

17 (B) in at least two Defense Agencies (as de18 fined in section 101(a)(11) of title 10, United States

19 Code).

20 (2) The Secretary shall select the installations and

21 Defense Agencies from among the installations and De22 fense Agencies listed in the Federal Worker 2000 Presi23 dential Initiative.

24 (d) PERIOD FOR PROGRAM.—The demonstration pro25 gram shall begin not later than 180 days after the date
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1 of the enactment of this Act and shall terminate on Sep2 tember 30, 2002.

3 (e) REPORTS.—(1) The Secretary of Defense shall

4 submit an interim report on the demonstration program

5 to the Committees on Armed Services of the Senate and

6 the House of Representatives not later than December 1,

7 2001. The interim report shall contain, at a minimum, for

8 each site of the demonstration program the following:

9 (A) A baseline assessment of the lost workday

10 injury rate.

11 (B) A comparison of the lost workday injury

12 rate for fiscal year 2000 with the lost workday in13 jury rate for fiscal year 1999.

14 (C) The direct and indirect costs associated

15 with all lost workday injuries.

16 (2) The Secretary of Defense shall submit a final re17 port on the demonstration program to the Committees on

18 Armed Services of the Senate and the House of Represent19 atives not later than December 1, 2002. The final report

20 shall contain, at a minimum, for each site of the dem21 onstration program the following:

22 (A) The Secretary’s determination on the issue

23 described in subsection (b)(2).
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1 (B) A comparison of the lost workday injury

2 rate under the program with the baseline assessment

3 of the lost workday injury rate.

4 (C) The lost workday injury rate for fiscal year

5 2002.

6 (D) A comparison of the direct and indirect

7 costs associated with all lost workday injuries for fis8 cal year 2002 with the direct and indirect costs asso9 ciated with all lost workday injuries for fiscal year

10 2001.

11 (f) FUNDING.—Of the amount authorized to be ap12 propriated under section 301(5), $5,000,000 shall be

13 available for the demonstration program under this sec14 tion.

15 SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AU16 THORITY FOR EXPERIMENTAL PERSONNEL

17 PROGRAM FOR SCIENTIFIC AND TECHNICAL

18 PERSONNEL.

19 (a) EXTENSION OF PROGRAM.—Section 1101 of the

20 Strom Thurmond National Defense Authorization Act for

21 Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2139;

22 5 U.S.C. 3104 note) is amended—

23 (1) in subsection (a), by striking ‘‘the 5-year

24 period beginning on the date of the enactment of
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1 this Act’’ and inserting ‘‘the program period speci2 fied in subsection (e)(1)’’;

3 (2) in subsection (e), by striking paragraph (1)

4 and inserting the following:

5 ‘‘(1) The period for carrying out the program authorized

6 under this section begins on October 17, 1998, and ends

7 on October 16, 2005.’’; and

8 (3) in subsection (f), by striking ‘‘on the day

9 before the termination of the program’’ and insert10 ing ‘‘on the last day of the program period specified

11 in subsection (e)(1)’’.

12 (b) EXPANSION OF SCOPE.—Subsection (a) of such

13 section, as amended by subsection (a)(1) of this section,

14 is further amended by inserting before the period at the

15 end the following: ‘‘and research and development projects

16 administered by laboratories designated for the program

17 by the Secretary from among the laboratories of each of

18 the military departments’’.

19 (c) LIMITATION ON NUMBER OF APPOINTMENTS.—

20 Subsection (b)(1) of such section is amended to read as

21 follows:

22 ‘‘(1) without regard to any provision of title 5,

23 United States Code, governing the appointment of

24 employees in the civil service, appoint scientists and

25 engineers from outside the civil service and uni-
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1 formed services (as such terms are defined in section

2 2101 of such title) to—

3 ‘‘(A) not more than 40 scientific and engi4 neering positions in the Defense Advanced Re5 search Projects Agency;

6 ‘‘(B) not more than 40 scientific and engi7 neering positions in the designated laboratories

8 of each of the military services; and

9 ‘‘(C) not more than a total of 10 scientific

10 and engineering positions in the National Im11 agery and Mapping Agency and the National

12 Security Agency;’’.

13 (d) RATES OF PAY FOR APPOINTEES.—Subsection

14 (b)(2) of such section is amended by inserting after

15 ‘‘United States Code,’’ the following: ‘‘as increased by lo16 cality-based comparability payments under section 5304

17 of such title,’’.

18 (e) COMMENSURATE EXTENSION OF REQUIREMENT

19 FOR ANNUAL REPORT.—Subsection (g) of such section is

20 amended by striking ‘‘2004’’ and inserting ‘‘2006’’.

21 (f) AMENDMENT OF SECTION HEADING.—The head22 ing for such section is amended to read as follows:
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1 ‘‘SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR

2 SCIENTIFIC AND TECHNICAL PERSONNEL.’’.

3 SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT

4 AUTHORITY UNDER PERSONNEL DEM5 ONSTRATION PROJECT.

6 (a) ELIMINATION OF REQUIREMENT FOR OPM RE7 VIEW AND APPROVAL.—Section 342 of the National De8 fense Authorization Act for Fiscal Year 1995 (Public Law

9 103–337; 108 Stat. 2721) is amended—

10 (1) in subsection (b)(1), by striking ‘‘, with the

11 approval of the Director of the Office of Personnel

12 Management,’’; and

13 (2) in subsection (b)(3)—

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (A);

16 (B) by striking ‘‘section 4703.’’ and insert17 ing ‘‘section 4703; and’’ at the end of subpara18 graph (B); and

19 (C) by inserting at the end the following

20 new subparagraph (C):

21 ‘‘(C) the Secretary shall exercise the au22 thorities granted to the Office of Personnel

23 Management under such section 4703.’’.

24 (b) INCREASE IN LEVEL OF AUTHORIZED PAY.—Sec25 tion 342(b) of such Act is further amended by adding at

26 the end the following new paragraph:
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1 ‘‘(5) The limitations in section 5373 of title 5, United

2 States Code, do not apply to the authority of the Secretary

3 under this section to prescribe salary schedules and other

4 related benefits.’’.

5 Subtitle C—Educational Assistance

6 SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE

7 TRAINING.

8 Section 4107 of title 5, United States Code, is

9 amended—

10 (1) in subsection (a), by striking ‘‘subsection

11 (b)’’ and inserting ‘‘subsections (b) and (c)’’;

12 (2) in subsection (b)(1), by striking ‘‘subsection

13 (a)’’ and inserting ‘‘subsection (a) or (c)’’; and

14 (3) by adding at the end the following new sub15 section:

16 ‘‘(c) With respect to an employee of the Department

17 of Defense—

18 ‘‘(1) this chapter does not authorize, except as

19 provided in subsection (b) of this section, the selec20 tion and assignment of the employee for training, or

21 the payment or reimbursement of the costs of train22 ing, for—

23 ‘‘(A) the purpose of providing an oppor24 tunity to the employee to obtain an academic

25 degree in order to qualify for appointment to a
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1 particular position for which the academic de2 gree is a basic requirement; or

3 ‘‘(B) the sole purpose of providing an op4 portunity to the employee to obtain one or more

5 academic degrees, unless such opportunity is

6 part of a planned, systematic, and coordinated

7 program of professional development endorsed

8 by the Department of Defense; and

9 ‘‘(2) any course of post-secondary education de10 livered through classroom, electronic, or other means

11 shall be administered or conducted by an institution

12 recognized under standards implemented by a na13 tional or regional accrediting body, except in a case

14 in which such standards do not exist or the use of

15 such standards would not be appropriate.’’.

16 SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.

17 (a) COVERED STUDENT LOANS.—Section

18 5379(a)(1)(B) of title 5, United States Code, is

19 amended—

20 (1) in clause (i), by inserting ‘‘(20 U.S.C. 1071

21 et seq.)’’ before the semicolon;

22 (2) in clause (ii), by striking ‘‘part E of title IV

23 of the Higher Education Act of 1965’’ and inserting

24 ‘‘part D or E of title IV of the Higher Education
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1 Act of 1965 (20 U.S.C. 1087a et seq., 1087aa et

2 seq.)’’; and

3 (3) in clause (iii), by striking ‘‘part C of title

4 VII of Public Health Service Act or under part B

5 of title VIII of such Act’’ and inserting ‘‘part A of

6 title VII of the Public Health Service Act (42 U.S.C.

7 292 et seq.) or under part E of title VIII of such

8 Act (42 U.S.C. 297a et seq.)’’.

9 (b) PERSONNEL COVERED.—(1) Section 5379(a)(2)

10 of title 5, United States Code, is amended to read as fol11 lows:

12 ‘‘(2) An employee shall be ineligible for benefits under

13 this section if the employee occupies a position that is ex14 cepted from the competitive service because of its con15 fidential, policy-determining, policy-making, or policy-ad16 vocating character.’’.

17 (2) Section 5379(b)(1) of title 5, United States Code,

18 is amended by striking ‘‘professional, technical, or admin19 istrative’’.

20 (c) REGULATIONS.—(1) Not later than 60 days after

21 the date of enactment of this Act, the Director of the Of22 fice of Personnel Management shall issue proposed regula23 tions under section 5379(g) of title 5, United States Code.

24 The Director shall provide for a period of not less than

25 60 days for public comment on the regulations.
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1 (2) Not later than 240 days after the date of enact2 ment of this Act, the Director shall issue final regulations.

3 (d) ANNUAL REPORTS.—Section 5379 of title 5,

4 United States Code, is amended by adding at the end the

5 following:

6 ‘‘(h)(1) Each head of an agency shall maintain, and

7 annually submit to the Director of the Office of Personnel

8 Management, information with respect to the agency on—

9 ‘‘(A) the number of Federal employees selected

10 to receive benefits under this section;

11 ‘‘(B) the job classifications for the recipients;

12 and

13 ‘‘(C) the cost to the Federal Government of

14 providing the benefits.

15 ‘‘(2) The Director of the Office of Personnel Manage16 ment shall prepare, and annually submit to Congress, a

17 report containing the information submitted under para18 graph (1), and information identifying the agencies that

19 have provided benefits under this section.’’.
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1 SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIM2 BURSEMENT AND TRAINING FOR CIVILIAN

3 EMPLOYEES IN THE DEFENSE ACQUISITION

4 WORKFORCE.

5 Section 1745(a)(2) of title 10, United States Code,

6 is amended by striking ‘‘September 30, 2001’’ and insert7 ing ‘‘September 30, 2010’’.

8 Subtitle D—Other Benefits

9 SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LAN10 GUAGE PROFICIENCY BENEFICIAL FOR

11 UNITED STATES NATIONAL SECURITY INTER12 ESTS.

13 (a) IN GENERAL.—Chapter 81 of title 10, United

14 States Code, is amended by inserting after section 1596

15 the following new section:

16 ‘‘§ 1596a. Foreign language proficiency: special pay

17 for proficiency beneficial for other na18 tional security interests

19 ‘‘(a) AUTHORITY.—The Secretary of Defense may

20 pay special pay under this section to an employee of the

21 Department of Defense who—

22 ‘‘(1) has been certified by the Secretary to be

23 proficient in a foreign language identified by the

24 Secretary as being a language in which proficiency

25 by civilian personnel of the Department is necessary

26 because of national security interests;
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1 ‘‘(2) is assigned duties requiring proficiency in

2 that foreign language during a contingency oper3 ation supported by the armed forces; and

4 ‘‘(3) is not receiving special pay under section

5 1596 of this title.

6 ‘‘(b) RATE.—The rate of special pay for an employee

7 under this section shall be prescribed by the Secretary,

8 but may not exceed five percent of the employee’s rate of

9 basic pay.

10 ‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOW11 ANCES.—Special pay under this section is in addition to

12 any other pay or allowances to which the employee is enti13 tled.

14 ‘‘(d) REGULATIONS.—The Secretary of Defense shall

15 prescribe regulations to carry out this section.’’.

16 (b) AMENDMENT TO DISTINGUISH OTHER FOREIGN

17 LANGUAGE PROFICIENCY SPECIAL PAY.—The heading for

18 section 1596 of title 10, United States Code, is amended

19 to read as follows:

20 ‘‘§ 1596. Foreign language proficiency: special pay for

21 proficiency beneficial for intelligence in22 terests’’.

23 (c) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of chapter 81 of such title is amended
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1 by striking the item relating to section 1596 and inserting

2 the following new items:

‘‘1596. Foreign language proficiency: special pay for proficiency beneficial for

intelligence interests.

‘‘1596a. Foreign language proficiency: special pay for proficiency beneficial for

other national security interests.’’.

3 SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN

4 EXCESS OF $10,000.

5 Section 4502 of title 5, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(f) The Secretary of Defense may grant a cash

8 award under subsection (b) of this section without regard

9 to the requirements for certification and approval provided

10 in that subsection.’’.

11 SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.

12 Section 6305(c)(2) of title 5, United States Code, is

13 amended to read as follows:

14 ‘‘(2) may not be made the basis for a lump-sum

15 payment, except that civil service mariners of the

16 Military Sealift Command on temporary promotion

17 aboard ship may be paid the difference between their

18 temporary and permanent rates of pay for leave ac19 crued under this section and section 6303 and not

20 otherwise used during the temporary promotion

21 upon the expiration or termination of the temporary

22 promotion; and’’.
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1 SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL

2 DEPARTMENT OF DEFENSE EMPLOYEES.

3 (a) IN GENERAL.—Section 8702 of title 5, United

4 States Code, is amended by adding at the end the fol5 lowing new subsection:

6 ‘‘(c) Notwithstanding a notice previously given under

7 subsection (b), an employee of the Department of Defense

8 who is designated as an emergency essential employee

9 under section 1580 of title 10 shall be insured if the em10 ployee, within 60 days after the date of the designation,

11 elects to be insured under a policy of insurance under this

12 chapter. An election under the preceding sentence shall be

13 effective when provided to the Office in writing, in the

14 form prescribed by the Office, within such 60-day pe15 riod.’’.

16 (b) APPLICABILITY.—For purposes of section

17 8702(c) of title 5, United States Code (as added by sub18 section (a)), an employee of the Department of Defense

19 who is designated as an emergency essential employee

20 under section 1580 of title 10, United States Code, before

21 the date of the enactment of this Act shall be deemed to

22 be so designated on the date of the enactment of this Act.
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1 Subtitle E—Intelligence Civilian

2 Personnel

3 SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTEL4 LIGENCE PERSONNEL SYSTEM POSITIONS.

5 (a) AUTHORITY FOR SENIOR DOD INTELLIGENCE

6 POSITIONS THROUGHOUT DEPARTMENT OF DEFENSE.—

7 Section 1601(a)(1) of title 10, United States Code, is

8 amended—

9 (1) by striking ‘‘in the intelligence components

10 of the Department of Defense and the military de11 partments’’ and inserting ‘‘in the Department of De12 fense’’; and

13 (2) by striking ‘‘of those components and de14 partments’’ and inserting ‘‘of the Department’’.

15 (b) CONFORMING AMENDMENT FOR PERSONS ELIGI16 BLE FOR POSTEMPLOYMENT ASSISTANCE.—Section 1611

17 of such title is amended—

18 (1) in subsection (a)(1), by striking ‘‘an intel19 ligence component of the Department of Defense’’

20 and inserting ‘‘a defense intelligence position’’;

21 (2) in subsection (b)—

22 (A) by striking ‘‘sensitive position in an in23 telligence component of the Department of De24 fense’’ in the matter preceding paragraph (1)
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1 and inserting ‘‘sensitive defense intelligence po2 sition’’; and

3 (B) by striking ‘‘with the intelligence com4 ponent’’ in paragraphs (1) and (2) and insert5 ing ‘‘in a defense intelligence position’’;

6 (3) in subsection (d), by striking ‘‘an intel7 ligence component of the Department of Defense’’

8 and inserting ‘‘in a defense intelligence position’’;

9 and

10 (4) by striking subsection (f).

11 (c) CONFORMING AMENDMENT FOR DEFINITION OF

12 DEFENSE INTELLIGENCE POSITION.—Section 1614(1) of

13 such title is amended by striking ‘‘of an intelligence com14 ponent of the Department of Defense or of a military de15 partment’’ and inserting ‘‘of the Department of Defense’’.

16 SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHOR17 IZED FOR THE DEFENSE INTELLIGENCE SEN18 IOR EXECUTIVE SERVICE.

19 Section 1606(a) of title 10, United States Code, is

20 amended by striking ‘‘492’’ and inserting ‘‘517’’.
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1 Subtitle F—Voluntary Separation

2 Incentive Pay and Early Retire3 ment Authority

4 SEC. 1151. EXTENSION, REVISION, AND EXPANSION OF AU5 THORITIES FOR USE OF VOLUNTARY SEPARA6 TION INCENTIVE PAY AND VOLUNTARY

7 EARLY RETIREMENT.

8 (a) REVISION AND ADDITION OF PURPOSES FOR DE9 PARTMENT OF DEFENSE VSIP.—Subsection (b) of section

10 5597 of title 5, United States Code, is amended by insert11 ing after ‘‘transfer of function,’’ the following: ‘‘workforce

12 restructuring (to meet mission needs, achieve one or more

13 strength reductions, correct skill imbalances, or reduce the

14 number of high-grade, managerial, or supervisory posi15 tions),’’.

16 (b) ELIGIBILITY.—Subsection (c) of such section is

17 amended—

18 (1) in paragraph (2), by inserting ‘‘objective

19 and nonpersonal’’ after ‘‘similar’’; and

20 (2) by adding at the end the following:

21 ‘‘A determination of which employees are within the scope

22 of an offer of separation pay shall be made only on the

23 basis of consistent and well-documented application of the

24 relevant criteria.’’.
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1 (c) INSTALLMENT PAYMENTS.—Subsection (d) of

2 such section is amended—

3 (1) by striking paragraph (1) and inserting the

4 following:

5 ‘‘(1) shall be paid in a lump-sum or in install6 ments;’’;

7 (2) by striking ‘‘and’’ at the end of paragraph

8 (3);

9 (3) by striking the period at the end of para10 graph (4) and inserting ‘‘; and’’; and

11 (4) by adding at the end the following:

12 ‘‘(5) if paid in installments, shall cease to be

13 paid upon the recipient’s acceptance of employment

14 by the Federal Government, or commencement of

15 work under a personal services contract, as de16 scribed in subsection (g)(1).’’.

17 (d) APPLICABILITY OF REPAYMENT REQUIREMENT

18 TO REEMPLOYMENT UNDER PERSONAL SERVICES CON19 TRACTS.—Subsection (g)(1) of such section is amended by

20 inserting after ‘‘employment with the Government of the

21 United States’’ the following: ‘‘, or who commences work

22 for an agency of the United States through a personal

23 services contract with the United States,’’.
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1 SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOL2 UNTARY EARLY RETIREMENT AUTHORITY.

3 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

4 8336 of title 5, United States Code, is amended—

5 (1) in subsection (d)(2), by inserting ‘‘except in

6 the case of an employee who is separated from the

7 service under a program carried out under sub8 section (o),’’ after ‘‘(2)’’; and

9 (2) by adding at the end the following:

10 ‘‘(o)(1) The Secretary of Defense may, during fiscal

11 years 2002 and 2003, carry out a program under which

12 an employee of the Department of Defense may be sepa13 rated from the service entitled to an immediate annuity

14 under this subchapter if the employee—

15 ‘‘(A) has—

16 ‘‘(i) completed 25 years of service; or

17 ‘‘(ii) become 50 years of age and completed

18 20 years of service; and

19 ‘‘(B) is eligible for the annuity under paragraph

20 (2) or (3).

21 ‘‘(2)(A) For the purposes of paragraph (1), an em22 ployee referred to in that paragraph is eligible for an im23 mediate annuity under this paragraph if the employee—

24 ‘‘(i) is separated from the service involuntarily

25 other than for cause; and
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1 ‘‘(ii) has not declined a reasonable offer of an2 other position in the Department of Defense for

3 which the employee is qualified, which is not lower

4 than 2 grades (or pay levels) below the employee’s

5 grade (or pay level), and which is within the employ6 ee’s commuting area.

7 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa8 ration for failure to accept a directed reassignment to a

9 position outside the commuting area of the employee con10 cerned or to accompany a position outside of such area

11 pursuant to a transfer of function may not be considered

12 to be a removal for cause.

13 ‘‘(3) For the purposes of paragraph (1), an employee

14 referred to in that paragraph is eligible for an immediate

15 annuity under this paragraph if the employee satisfies all

16 of the following conditions:

17 ‘‘(A) The employee is separated from the serv18 ice voluntarily during a period in which the organi19 zation within the Department of Defense in which

20 the employee is serving is undergoing a major orga21 nizational adjustment.

22 ‘‘(B) The employee has been employed continu23 ously by the Department of Defense for more than

24 30 days before the date on which the head of the
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1 employee’s organization requests the determinations

2 required under subparagraph (A).

3 ‘‘(C) The employee is serving under an appoint4 ment that is not limited by time.

5 ‘‘(D) The employee is not in receipt of a deci6 sion notice of involuntary separation for misconduct

7 or unacceptable performance.

8 ‘‘(E) The employee is within the scope of an

9 offer of voluntary early retirement, as defined on the

10 basis of one or more of the following objective cri11 teria:

12 ‘‘(i) One or more organizational units.

13 ‘‘(ii) One or more occupational groups, se14 ries, or levels.

15 ‘‘(iii) One or more geographical locations.

16 ‘‘(iv) Any other similar objective and non17 personal criteria that the Office of Personnel

18 Management determines appropriate.

19 ‘‘(4) Under regulations prescribed by the Office of

20 Personnel Management, the determinations of whether an

21 employee meets—

22 ‘‘(A) the requirements of subparagraph (A) of

23 paragraph (3) shall be made by the Office, upon the

24 request of the Secretary of Defense; and
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1 ‘‘(B) the requirements of subparagraph (E) of

2 such paragraph shall be made by the Secretary of

3 Defense.

4 ‘‘(5) A determination of which employees are within

5 the scope of an offer of early retirement shall be made

6 only on the basis of consistent and well-documented appli7 cation of the relevant criteria.

8 ‘‘(6) In this subsection, the term ‘major organiza9 tional adjustment’ means any of the following:

10 ‘‘(A) A major reorganization.

11 ‘‘(B) A major reduction in force.

12 ‘‘(C) A major transfer of function.

13 ‘‘(D) A workforce restructuring—

14 ‘‘(i) to meet mission needs;

15 ‘‘(ii) to achieve one or more reductions in

16 strength;

17 ‘‘(iii) to correct skill imbalances; or

18 ‘‘(iv) to reduce the number of high-grade,

19 managerial, supervisory, or similar positions.’’.

20 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

21 Section 8414 of such title is amended—

22 (1) in subsection (b)(1)(B), by inserting ‘‘except

23 in the case of an employee who is separated from

24 the service under a program carried out under sub25 section (d),’’ after ‘‘(B)’’; and
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1 (2) by adding at the end the following:

2 ‘‘(d)(1) The Secretary of Defense may, during fiscal

3 years 2002 and 2003, carry out a program under which

4 an employee of the Department of Defense may be sepa5 rated from the service entitled to an immediate annuity

6 under this subchapter if the employee—

7 ‘‘(A) has—

8 ‘‘(i) completed 25 years of service; or

9 ‘‘(ii) become 50 years of age and completed

10 20 years of service; and

11 ‘‘(B) is eligible for the annuity under paragraph

12 (2) or (3).

13 ‘‘(2)(A) For the purposes of paragraph (1), an em14 ployee referred to in that paragraph is eligible for an im15 mediate annuity under this paragraph if the employee—

16 ‘‘(i) is separated from the service involuntarily

17 other than for cause; and

18 ‘‘(ii) has not declined a reasonable offer of an19 other position in the Department of Defense for

20 which the employee is qualified, which is not lower

21 than 2 grades (or pay levels) below the employee’s

22 grade (or pay level), and which is within the employ23 ee’s commuting area.

24 ‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa25 ration for failure to accept a directed reassignment to a
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1 position outside the commuting area of the employee con2 cerned or to accompany a position outside of such area

3 pursuant to a transfer of function may not be considered

4 to be a removal for cause.

5 ‘‘(3) For the purposes of paragraph (1), an employee

6 referred to in that paragraph is eligible for an immediate

7 annuity under this paragraph if the employee satisfies all

8 of the following conditions:

9 ‘‘(A) The employee is separated from the serv10 ice voluntarily during a period in which the organi11 zation within the Department of Defense in which

12 the employee is serving is undergoing a major orga13 nizational adjustment.

14 ‘‘(B) The employee has been employed continu15 ously by the Department of Defense for more than

16 30 days before the date on which the head of the

17 employee’s organization requests the determinations

18 required under subparagraph (A).

19 ‘‘(C) The employee is serving under an appoint20 ment that is not limited by time.

21 ‘‘(D) The employee is not in receipt of a deci22 sion notice of involuntary separation for misconduct

23 or unacceptable performance.

24 ‘‘(E) The employee is within the scope of an

25 offer of voluntary early retirement, as defined on the
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1 basis of one or more of the following objective cri2 teria:

3 ‘‘(i) One or more organizational units.

4 ‘‘(ii) One or more occupational groups, se5 ries, or levels.

6 ‘‘(iii) One or more geographical locations.

7 ‘‘(iv) Any other similar objective and non8 personal criteria that the Office of Personnel

9 Management determines appropriate.

10 ‘‘(4) Under regulations prescribed by the Office of

11 Personnel Management, the determinations of whether an

12 employee meets—

13 ‘‘(A) the requirements of subparagraph (A) of

14 paragraph (3) shall be made by the Office upon the

15 request of the Secretary of Defense; and

16 ‘‘(B) the requirements of subparagraph (E) of

17 such paragraph shall be made by the Secretary of

18 Defense.

19 ‘‘(5) A determination of which employees are within

20 the scope of an offer of early retirement shall be made

21 only on the basis of consistent and well-documented appli22 cation of the relevant criteria.

23 ‘‘(6) In this subsection, the term ‘major organiza24 tional adjustment’ means any of the following:

25 ‘‘(A) A major reorganization.
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1 ‘‘(B) A major reduction in force.

2 ‘‘(C) A major transfer of function.

3 ‘‘(D) A workforce restructuring—

4 ‘‘(i) to meet mission needs;

5 ‘‘(ii) to achieve one or more reductions in

6 strength;

7 ‘‘(iii) to correct skill imbalances; or

8 ‘‘(iv) to reduce the number of high-grade,

9 managerial, supervisory, or similar positions.’’.

10 (c) CONFORMING AMENDMENTS.—(1) Section

11 8339(h) of such title is amended by striking out ‘‘or ( j)’’

12 in the first sentence and inserting ‘‘( j), or (o)’’.

13 (2) Section 8464(a)(1)(A)(i) of such title is amended

14 by striking out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.

15 SEC. 1153. LIMITATIONS.

16 (a) FISCAL YEAR 2001 LIMITATIONS ON VSIP.—

17 Section 5597 of title 5, United States Code, as amended

18 by section 1151, is further amended by adding at the end

19 the following new subsection:

20 ‘‘(i)(1) Notwithstanding any other provision of this

21 section, during fiscal year 2001, separation pay may be

22 offered under the program carried out under this section

23 with respect to workforce restructuring only to persons

24 who, upon separation, are entitled to an immediate annu25 ity under section 8336, 8412, or 8414 of this title and
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1 are otherwise eligible for the separation pay under this

2 section.

3 ‘‘(2) In the administration of the program under this

4 section during fiscal year 2001, the Secretary shall ensure

5 that not more than 1,000 employees are, as a result of

6 workforce restructuring, separated from service in that fis7 cal year entitled to separation pay under this section.

8 ‘‘(3) Separation pay may not be offered as a result

9 of workforce restructuring under the program carried out

10 under this section after fiscal year 2003.’’.

11 (b) LIMITATIONS FOR FISCAL YEARS 2002 AND 2003

12 ON VSIP AND VERA.—(1) Subject to paragraph (2), the

13 Secretary of Defense shall ensure that, in each of fiscal

14 years 2002 and 2003, not more than 4,000 employees of

15 the Department of Defense are, as a result of workforce

16 restructuring, separated from service entitled to one or

17 more of the following benefits:

18 (A) Voluntary separation incentive pay under

19 section 5597 of title 5, United States Code.

20 (B) Immediate annuity under section 8336(o)

21 or 8414(d) of such title.

22 (2) Notwithstanding sections 5597(e), 8336(o), and

23 8414(d) of title 5, United States Code, the Secretary of

24 Defense may carry out the programs authorized in those

25 sections during fiscal years 2002 and 2003 with respect
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1 to workforce restructuring only to the extent provided in

2 a law enacted by the One Hundred Seventh Congress.

3 TITLE XII—MATTERS RELATING

4 TO OTHER NATIONS

Subtitle A—Matters Related to Arms Control

Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor

Iraqi weapons activities.

Sec. 1202. Support of consultations on Arab and Israeli arms control and regional security issues.

Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign governments.

Sec. 1204. Additional matters for annual report on transfers of militarily sensitive technology to countries and entities of concern.

Subtitle B—Matters Relating to the Balkans

Sec. 1211. Annual report assessing effect of continued operations in the Balkans region on readiness to execute the national military strategy.

Sec. 1212. Situation in the Balkans.

Sec. 1213. Semiannual report on Kosovo peacekeeping.

Subtitle C—North Atlantic Treaty Organization and United

States Forces in Europe

Sec. 1221. NATO fair burdensharing.

Sec. 1222. Repeal of restriction preventing cooperative airlift support through

acquisition and cross-servicing agreements.

Sec. 1223. GAO study on the benefits and costs of United States military engagement in Europe.

Subtitle D—Other Matters

Sec. 1231. Joint data exchange center with Russian Federation on early warning systems and notification of ballistic missile launches.

Sec. 1232. Report on sharing and exchange of ballistic missile launch early

warning data.

Sec. 1233. Annual report of Communist Chinese military companies operating

in the United States.

Sec. 1234. Adjustment of composite theoretical performance levels of high performance computers.

Sec. 1235. Increased authority to provide health care services as humanitarian

and civic assistance.

Sec. 1236. Sense of Congress regarding the use of children as soldiers.

Sec. 1237. Sense of Congress regarding undersea rescue and recovery.

Sec. 1238. United States-China Security Review Commission.
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1 Subtitle A—Matters Related to

2 Arms Control

3 SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EF4 FORTS TO INSPECT AND MONITOR IRAQI

5 WEAPONS ACTIVITIES.

6 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS7 CAL YEAR 2001—The total amount of the assistance for

8 fiscal year 2001 that is provided by the Secretary of De9 fense under section 1505 of the Weapons of Mass Destruc10 tion Control Act of 1992 (22 U.S.C. 5859a) as activities

11 of the Department of Defense in support of activities

12 under that Act may not exceed $15,000,000.

13 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST14 ANCE.—Subsection (f) of section 1505 of the Weapons of

15 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

16 is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.

17 SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND

18 ISRAELI ARMS CONTROL AND REGIONAL SE19 CURITY ISSUES.

20 Of the amount authorized to be appropriated by sec21 tion 301(5), up to $1,000,000 is available for the support

22 of programs to promote formal and informal region-wide

23 consultations among Arab, Israeli, and United States offi24 cials and experts on arms control and security issues con25 cerning the Middle East region.
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1 SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING

2 EQUIPMENT TO FOREIGN GOVERNMENTS.

3 (a) IN GENERAL.—Chapter 152 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 2555. Nuclear test monitoring equipment: fur7 nishing to foreign governments

8 ‘‘(a) AUTHORITY TO CONVEY OR PROVIDE NUCLEAR

9 TEST MONITORING EQUIPMENT.—Subject to subsection

10 (b), the Secretary of Defense may—

11 ‘‘(1) convey or otherwise provide to a foreign

12 government (A) equipment for the monitoring of nu13 clear test explosions, and (B) associated equipment;

14 and

15 ‘‘(2) as part of any such conveyance or provi16 sion of equipment, install such equipment on foreign

17 territory or in international waters.

18 ‘‘(b) AGREEMENT REQUIRED.—Nuclear test explo19 sion monitoring equipment may be conveyed or otherwise

20 provided under subsection (a) only pursuant to the terms

21 of an agreement between the United States and the for22 eign government receiving the equipment in which the re23 cipient foreign government agrees—

24 ‘‘(1) to provide the United States with timely

25 access to the data produced, collected, or generated

26 by the equipment;
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1 ‘‘(2) to permit the Secretary of Defense to take

2 such measures as the Secretary considers necessary

3 to inspect, test, maintain, repair, or replace that

4 equipment, including access for purposes of such

5 measures; and

6 ‘‘(3) to return such equipment to the United

7 States (or allow the United States to recover such

8 equipment) if either party determines that the agree9 ment no longer serves its interests.

10 ‘‘(c) REPORT.—Promptly after entering into any

11 agreement under subsection (b), the Secretary of Defense

12 shall submit to Congress a report on the agreement. The

13 report shall identify the country with which the agreement

14 was made, the anticipated costs to the United States to

15 be incurred under the agreement, and the national interest

16 of the United States that is furthered by the agreement.

17 ‘‘(d) LIMITATION ON DELEGATION.—The Secretary

18 of Defense may delegate the authority of the Secretary

19 to carry out this section only to the Secretary of the Air

20 Force. Such a delegation may be redelegated.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of such chapter is amended by adding

23 at the end the following new item:

‘‘2555. Nuclear test monitoring equipment: furnishing to foreign governments.’’.
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1 SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON

2 TRANSFERS OF MILITARILY SENSITIVE TECH3 NOLOGY TO COUNTRIES AND ENTITIES OF

4 CONCERN.

5 Section 1402(b) of the National Defense Authoriza6 tion Act for Fiscal Year 2000 (Public Law 106–65; 113

7 Stat. 798) is amended by adding at the end the following

8 new paragraph:

9 ‘‘(4) The status of the implementation or other

10 disposition of recommendations included in reports

11 of audits by Inspectors General that have been set

12 forth in a previous annual report under this section

13 pursuant to paragraph (3).’’.

14 Subtitle B—Matters Relating to the

15 Balkans

16 SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CON17 TINUED OPERATIONS IN THE BALKANS RE18 GION ON READINESS TO EXECUTE THE NA19 TIONAL MILITARY STRATEGY.

20 Section 1035 of the National Defense Authorization

21 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

22 753) is amended—

23 (1) in subsection (a), by striking ‘‘Not later

24 than 180 days after the date of the enactment of

25 this Act,’’ and inserting ‘‘Not later than April 1

26 each year (but subject to subsection (e)),’’;
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1 (2) in subsection (b), by striking ‘‘The report’’

2 in the matter preceding paragraph (1) and inserting

3 ‘‘Each report’’;

4 (3) in subsection (d), by striking ‘‘the report’’

5 and inserting ‘‘a report’’; and

6 (4) by adding at the end the following new sub7 section:

8 ‘‘(e) TERMINATION WHEN UNITED STATES MILI9 TARY OPERATIONS END.—(1) No report is required under

10 this section after United States military operations in the

11 Balkans region have ended.

12 ‘‘(2) After the requirement for an annual report

13 under this section is terminated by operation of paragraph

14 (1), but not later than the latest date on which the next

15 annual report under this section would, except for para16 graph (1), otherwise be due, the Secretary of Defense shall

17 transmit to Congress a notification of the termination of

18 the reporting requirement.’’.

19 SEC. 1212. SITUATION IN THE BALKANS.

20 (a) ESTABLISHMENT OF NATO BENCHMARKS FOR

21 WITHDRAWAL OF FORCES FROM KOSOVO.—The Presi22 dent shall develop, not later than May 31, 2001, militarily

23 significant benchmarks for conditions that would achieve

24 a sustainable peace in Kosovo and ultimately allow for the

25 withdrawal of the United States military presence in
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1 Kosovo. Congress urges the President to seek concurrence

2 among member nations of the North Atlantic Treaty Or3 ganization in the development of those benchmarks.

4 (b) COMPREHENSIVE POLITICAL-MILITARY STRAT5 EGY.—(1) The President—

6 (A) shall develop a comprehensive political-mili7 tary strategy for addressing the political, economic,

8 humanitarian, and military issues in the Balkans;

9 and

10 (B) shall establish near-term, mid-term, and

11 long-term objectives in the region.

12 (2) In developing that strategy and those objectives,

13 the President shall take into consideration—

14 (A) the benchmarks relating to Kosovo devel15 oped as described in subsection (a); and

16 (B) the benchmarks relating to Bosnia that

17 were detailed in the report accompanying the certifi18 cation by the President to Congress on March 3,

19 1998 (printed as House Document 105–223), with

20 respect to the continued presence of United States

21 Armed Forces, after June 30, 1998, in Bosnia and

22 Herzegovina, submitted to Congress pursuant to sec23 tion 7 of title I of the 1998 Supplemental Appro24 priations and Rescissions Act (Public Law 105–174;

25 112 Stat. 63).
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1 (3) That strategy and those objectives shall be devel2 oped in consultation with appropriate regional and inter3 national entities.

4 (c) SEMIANNUAL REPORT ON BENCHMARKS.—Not

5 later than June 30, 2001, and every six months thereafter,

6 the President shall submit to Congress a report on the

7 progress made in achieving the benchmarks developed pur8 suant to subsection (a). The President may submit a sin9 gle report covering these benchmarks and the benchmarks

10 relating to Bosnia referred to in subsection (b)(2)(B).

11 (d) SEMIANNUAL REPORT ON COMPREHENSIVE

12 STRATEGY.—Not later than June 30, 2001, and every six

13 months thereafter so long as United States forces are in

14 the Balkans, the President shall submit to Congress a re15 port on the progress being made in developing and imple16 menting a comprehensive political-military strategy as de17 scribed in subsection (b)(1)(A).

18 SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACE19 KEEPING.

20 (a) REQUIREMENT FOR PERIODIC REPORT.—The

21 President shall submit to the specified congressional com22 mittees a semiannual report on the contributions of Euro23 pean nations and organizations to the peacekeeping oper24 ations in Kosovo. The first such report shall be submitted

25 not later than December 1, 2000.
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1 (b) CONTENT OF REPORT.—Each report shall con2 tain detailed information on the following:

3 (1) The commitments and pledges made by the

4 European Commission, the member nations of the

5 European Union, and the European member nations

6 of the North Atlantic Treaty Organization for—

7 (A) reconstruction assistance in Kosovo;

8 (B) humanitarian assistance in Kosovo;

9 (C) the Kosovo Consolidated Budget;

10 (D) police (including special police) for the

11 United Nations international police force for

12 Kosovo; and

13 (E) military personnel for peacekeeping op14 erations in Kosovo.

15 (2) The amount of the assistance that has been

16 provided in each category, and the number of police

17 and military personnel that have been deployed to

18 Kosovo, by each organization or nation referred to

19 in paragraph (1).

20 (3) The full range of commitments and respon21 sibilities that have been undertaken for Kosovo by

22 the United Nations, the European Union, and the

23 Organization for Security and Cooperation in Eu24 rope (OSCE), the progress made by those organiza25 tions in fulfilling those commitments and respon-
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1 sibilities, an assessment of the tasks that remain to

2 be accomplished, and an anticipated schedule for

3 completing those tasks.

4 (d) SPECIFIED CONGRESSIONAL COMMITTEES.—In

5 the section, the term ‘‘specified congressional committees’’

6 means—

7 (1) the Committee on Armed Services, the

8 Committee on Foreign Relations, and the Committee

9 on Appropriations of the Senate; and

10 (2) the Committee on Armed Services, the

11 Committee on International Relations, and the Com12 mittee on Appropriations of the House of Represent13 atives.

14 Subtitle C—North Atlantic Treaty

15 Organization and United States

16 Forces in Europe

17 SEC. 1221. NATO FAIR BURDENSHARING.

18 (a) REPORT ON COSTS OF OPERATION ALLIED

19 FORCE.—The Secretary of Defense shall submit to the

20 Committee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives

22 a report on the costs to the United States of the 78-day

23 air campaign known as Operation Allied Force conducted

24 against the Federal Republic of Yugoslavia during the pe-
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1 riod from March 24 through June 9, 1999. The report

2 shall include the following:

3 (1) The costs of ordnance expended, fuel con4 sumed, and personnel.

5 (2) The estimated cost of the reduced service

6 life of United States aircraft and other systems par7 ticipating in the operation.

8 (b) REPORT ON BURDENSHARING OF FUTURE

9 NATO OPERATIONS.—Whenever the North Atlantic Trea10 ty Organization undertakes a military operation, the Sec11 retary of Defense shall submit to the Committee on Armed

12 Services of the Senate and the Committee on Armed Serv13 ices of the House of Representatives a report describing—

14 (1) the contributions to that operation made by

15 each of the member nations of the North Atlantic

16 Treaty Organization during that operation; and

17 (2) the contributions that each of the member

18 nations of the North Atlantic Treaty Organization

19 are making or have pledged to make during any fol20 low-on operation.

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

22 under subsection (b) shall be submitted not later than 90

23 days after the completion of the military operation.
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1 (d) APPLICABILITY.—Subsection (b) shall apply only

2 with respect to military operations begun after the date

3 of the enactment of this Act.

4 SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOP5 ERATIVE AIRLIFT SUPPORT THROUGH AC6 QUISITION AND CROSS-SERVICING AGREE7 MENTS.

8 Section 2350c of title 10, United States Code, is

9 amended—

10 (1) by striking subsection (d); and

11 (2) by redesignating subsection (e) as sub12 section (d).

13 SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF

14 UNITED STATES MILITARY ENGAGEMENT IN

15 EUROPE.

16 (a) COMPTROLLER GENERAL STUDY.—The Comp17 troller General shall conduct a study assessing the benefits

18 and costs to the United States and United States national

19 security interests of the engagement of United States

20 forces in Europe and of United States military strategies

21 used to shape the international security environment in

22 Europe.

23 (b) MATTERS TO BE INCLUDED.—The study shall

24 include an assessment of the following matters:
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1 (1) The benefits and costs to the United States

2 of having forces stationed in Europe and assigned to

3 areas of regional conflict such as Bosnia and

4 Kosovo.

5 (2) The benefits and costs associated with sta6 tioning United States forces in Europe and with as7 signing those forces to areas of regional conflict, in8 cluding an analysis of the benefits and costs of de9 ploying United States forces with the forces of Euro10 pean allies.

11 (3) The amount and type of the following kinds

12 of contributions to European security made by Euro13 pean allies in 1999 and 2000:

14 (A) Financial contributions.

15 (B) Contributions of military personnel

16 and units.

17 (C) Contributions of nonmilitary personnel,

18 such as medical personnel, police officers, judi19 cial officers, and other civic officials.

20 (D) Contributions, including contributions

21 in kind, for humanitarian and reconstruction

22 assistance and infrastructure building or activi23 ties that contribute to regional stability, wheth24 er in lieu of or in addition to military-related

25 contributions.
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1 (4) The extent to which a forward United

2 States military presence compensates for existing

3 shortfalls of air and sea lift capability in the event

4 of regional conflict in Europe or the Middle East.

5 (c) REPORT.—The Comptroller General shall submit

6 to the Committees on Armed Services of the Senate and

7 House of Representatives a report on the results of the

8 study not later than December 1, 2001.

9 Subtitle D—Other Matters

10 SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN

11 FEDERATION ON EARLY WARNING SYSTEMS

12 AND NOTIFICATION OF BALLISTIC MISSILE

13 LAUNCHES.

14 (a) AUTHORITY.—The Secretary of Defense is au15 thorized to establish, in conjunction with the Government

16 of the Russian Federation, a United States-Russian Fed17 eration joint center for the exchange of data from systems

18 to provide early warning of launches of ballistic missiles

19 and for notification of launches of such missiles.

20 (b) SPECIFIC ACTIONS.—The actions that the Sec21 retary undertakes for the establishment of the center may

22 include—

23 (1) subject to subsection (d), participating in

24 the renovation of a mutually agreed upon facility to

25 be made available by the Russian Federation; and
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1 (2) the furnishing of such equipment and sup2 plies as may be necessary to begin the operation of

3 the center.

4 (c) REPORT REQUIRED.—(1) Not later than 30 days

5 after the date of the enactment of this Act, the Secretary

6 shall submit to the Committee on Armed Services of the

7 Senate and the Committee on Armed Services of the

8 House of Representatives a report on plans for the joint

9 data exchange center.

10 (2) The report shall include the following:

11 (A) A detailed explanation as to why the par12 ticular facility intended to house the center was cho13 sen.

14 (B) An estimate of the total cost of renovating

15 that facility for use by the center.

16 (C) A description of the manner by which the

17 United States proposes to meet its share of the costs

18 of such renovation.

19 (d) LIMITATION.—(1) The Secretary of Defense may

20 participate under subsection (b) in the renovation of the

21 facility identified in the report under subsection (c) only

22 if the United States and the Russian Federation enter into

23 a cost-sharing arrangement that provides for an equal

24 sharing between the two nations of the cost of establishing
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1 the center, including the costs of renovating and operating

2 the facility.

3 (2) Not more than $4,000,000 of funds appropriated

4 for fiscal year 2001 may be obligated or expended after

5 the date of the enactment of this Act by the Secretary

6 of Defense for the renovation of such facility until 30 days

7 after the date on which the Secretary submits to the Com8 mittee on Armed Services of the Senate and the Com9 mittee on Armed Services of the House of Representatives

10 a copy of a written agreement between the United States

11 and the Russian Federation that provides details of the

12 cost-sharing arrangement specified in paragraph (1), in

13 accordance with the Memorandum of Agreement between

14 the two nations signed in Moscow in June 2000.

15 SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BAL16 LISTIC MISSILE LAUNCH EARLY WARNING

17 DATA.

18 Not later than March 15, 2001, the Secretary of De19 fense shall submit to the Committee on Armed Services

20 of the Senate and the Committee on Armed Services of

21 the House of Representatives a report on current and

22 planned activities of the Department of Defense with re23 spect to the sharing and exchange with other countries

24 of early warning data concerning ballistic missile launches.

25 The report shall include the Secretary’s assessment of the
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1 benefits and risks of sharing such data with other coun2 tries on a bilateral or multilateral basis.

3 SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILI4 TARY COMPANIES OPERATING IN THE

5 UNITED STATES.

6 Section 1237(b) of the Strom Thurmond National

7 Defense Authorization Act for Fiscal Year 1999 (50

8 U.S.C. 1701 note) is amended—

9 (1) by striking ‘‘PUBLICATION’’ in the sub10 section heading and inserting ‘‘REPORTING’’; and

11 (2) by striking paragraphs (1) and (2) and in12 serting the following:

13 ‘‘(1) INITIAL DETERMINATION AND REPORT14 ING.—Not later than March 1, 2001, the Secretary

15 of Defense shall make a determination of those per16 sons operating directly or indirectly in the United

17 States or any of its territories and possessions that

18 are Communist Chinese military companies and shall

19 submit a list of those persons in classified and un20 classified form to the following:

21 ‘‘(A) The Committee on Armed Services of

22 the House of Representatives.

23 ‘‘(B) The Committee on Armed Services of

24 the Senate.

25 ‘‘(C) The Secretary of State.
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1 ‘‘(D) The Secretary of the Treasury.

2 ‘‘(E) The Attorney General.

3 ‘‘(F) The Secretary of Commerce.

4 ‘‘(G) The Secretary of Energy.

5 ‘‘(H) The Director of Central Intelligence.

6 ‘‘(2) ANNUAL REVISIONS TO THE LIST.—The

7 Secretary of Defense shall make additions or dele8 tions to the list submitted under paragraph (1) on

9 an annual basis based on the latest information

10 available and shall submit the updated list not later

11 than February 1, each year to the committees and

12 officers specified in paragraph (1).’’.

13 SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL

14 PERFORMANCE LEVELS OF HIGH PERFORM15 ANCE COMPUTERS.

16 (a) LAYOVER PERIOD FOR NEW PERFORMANCE LEV17 ELS.—Section 1211 of the National Defense Authoriza18 tion Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note)

19 is amended—

20 (1) in the second sentence of subsection (d), by

21 striking ‘‘180’’ and inserting ‘‘60’’; and

22 (2) by adding at the end the following new sub23 section:

24 ‘‘(h) CALCULATION OF 60-DAY PERIOD.—The 60-

25 day period referred to in subsection (d) shall be calculated
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1 by excluding the days on which either House of Congress

2 is not in session because of an adjournment of the Con3 gress sine die.’’.

4 (b) EFFECTIVE DATE.—The amendments made by

5 subsection (a) shall apply to any new composite theoretical

6 performance level established for purposes of section

7 1211(a) of the National Defense Authorization Act for

8 Fiscal Year 1998 that is submitted by the President pur9 suant to section 1211(d) of that Act on or after the date

10 of the enactment of this Act.

11 SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH

12 CARE SERVICES AS HUMANITARIAN AND

13 CIVIC ASSISTANCE.

14 Section 401(e)(1) of title 10, United States Code, is

15 amended by striking ‘‘rural areas of a country’’ and insert16 ing ‘‘areas of a country that are rural or are underserved

17 by medical, dental, and veterinary professionals, respec18 tively’’.

19 SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF

20 CHILDREN AS SOLDIERS.

21 (a) FINDINGS.—Congress makes the following find22 ings:

23 (1) In the year 2000, approximately 300,000

24 individuals under the age of 18 are participating in

25 armed conflict in more than 30 countries worldwide.
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1 (2) Many children participating in armed con2 flict in various countries around the world are forc3 ibly conscripted through kidnapping or coercion,

4 while others join military units due to economic ne5 cessity, to avenge the loss of a family member, or for

6 their own personal safety.

7 (3) Many military commanders frequently force

8 child soldiers to commit gruesome acts of ritual

9 killings or torture against their enemies, including

10 against other children.

11 (4) Many military commanders separate chil12 dren from their families in order to foster depend13 ence on military units and leaders, leaving children

14 vulnerable to manipulation, deep traumatization, and

15 in need of psychological counseling and rehabilita16 tion.

17 (5) Child soldiers are exposed to hazardous con18 ditions and risk physical injuries, sexually trans19 mitted diseases, malnutrition, deformed backs and

20 shoulders from carrying overweight loads, and res21 piratory and skin infections.

22 (6) Many young female soldiers face the addi23 tional psychological and physical horrors of rape and

24 sexual abuse, being enslaved for sexual purposes by
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1 militia commanders, and forced to endure severe so2 cial stigma should they return home.

3 (7) Children in northern Uganda continue to be

4 kidnapped by the Lords Resistance Army (LRA),

5 which is supported and funded by the Government

6 of Sudan and which has committed and continues to

7 commit gross human rights violations in Uganda.

8 (8) Children in Sri Lanka have been forcibly re9 cruited by the opposition Tamil Tigers movement

10 and forced to kill or be killed in the armed conflict

11 in that country.

12 (9) An estimated 7,000 child soldiers have been

13 involved in the conflict in Sierra Leone, some as

14 young as age 10, with many being forced to commit

15 extrajudicial executions, torture, rape, and amputa16 tions for the rebel Revolutionary United Front.

17 (10) On January 21, 2000, in Geneva, a United

18 Nations Working Group, including representatives

19 from more than 80 governments including the

20 United States, reached consensus on an inter21 national agreement, referred to in this case as an

22 ‘‘optional protocol’’, on the use of child soldiers.

23 (11) This optional protocol, upon entry into

24 force, will—
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1 (A) raise the international minimum age

2 for conscription and will require governments to

3 take all feasible measures to ensure that mem4 bers of their armed forces under age 18 do not

5 participate directly in combat;

6 (B) prohibit the recruitment and use in

7 armed conflict of persons under the age of 18

8 by non-governmental armed forces;

9 (C) encourage governments to raise the

10 minimum legal age for voluntary recruits above

11 the current standard of 15, and

12 (D) commit governments to support the

13 demobilization and rehabilitation of child sol14 diers and, when possible, to allocate resources

15 to this purpose.

16 (12) On October 29, 1998, United Nations Sec17 retary General Kofi Annan set minimum age re18 quirements for United Nations peacekeeping per19 sonnel that are made available by member nations of

20 the United Nations.

21 (13) The United Nations Under-Secretary Gen22 eral for Peace-keeping, Bernard Miyet, announced in

23 the Fourth Committee of the General Assembly that

24 contributing governments of member nations were

25 asked not to send civilian police and military observ-
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1 ers under the age of 25 and that troops in national

2 contingents should preferably be at least 21 years of

3 age but in no case should they be younger than 18

4 years of age.

5 (14) On August 25, 1999, the United Nations

6 Security Council unanimously passed Resolution

7 1261 (1999) condemning the use of children in

8 armed conflicts.

9 (15) In addressing the Security Council on Au10 gust 26, 1999, the Special Representative of the

11 Secretary General for Children and Armed Conflict,

12 Olara Otunnu, urged the adoption of a global three13 pronged approach to combatting the use of children

14 in armed conflict that would—

15 (A) first, raise the age limit for recruit16 ment and participation in armed conflict from

17 the present age of 15 to the age of 18;

18 (B) second, increase international pressure

19 on armed groups which currently abuse chil20 dren; and

21 (C) third, address the political, social, and

22 economic factors that create an environment in

23 which children are induced by appeal of ide24 ology or by socio-economic collapse to become

25 child soldiers.
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1 (16) The United States delegation to the

2 United Nations working group relating to child sol3 diers, which included representatives from the De4 partment of Defense, supported the Geneva agree5 ment on the optional protocol.

6 (17) On May 25, 2000, the United Nations

7 General Assembly unanimously adopted the optional

8 protocol on the use of child soldiers.

9 (18) The optional protocol was opened for sig10 nature on June 5, 2000.

11 (19) The President signed the optional protocol

12 on behalf of the United States on July 5, 2000.

13 (b) CONGRESSIONAL STATEMENTS ON CHILD SOL14 DIERS.—Congress joins the international community in—

15 (1) condemning the use of children as soldiers

16 by governmental and nongovernmental armed forces

17 worldwide; and

18 (2) welcoming the optional protocol on the use

19 of child soldiers adopted by the United Nations Gen20 eral Assembly on May 25, 2000, as a critical first

21 step in ending the use of children as soldiers.

22 (c) SENSE OF CONGRESS ON FURTHER ACTIONS.—

23 It is the sense of Congress that—

24 (1) it is essential that the President consult

25 closely with the Senate with the objective of building
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1 support for ratification by the United States of the

2 optional protocol and that the Senate move forward

3 as expeditiously as possible;

4 (2) the United States should provide assistance,

5 through a new fund to be established by law, for the

6 rehabilitation and reintegration into their respective

7 civilian societies of child soldiers of other nations;

8 and

9 (3) the President, acting through the Secre10 taries of State and Defense and other appropriate

11 officials, should undertake all possible efforts to per12 suade and encourage other governments to ratify

13 and endorse the optional protocol on the use of child

14 soldiers.

15 SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA

16 RESCUE AND RECOVERY.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) The tragic loss in August 2000 of the Rus20 sian submarine Kursk resulted in the death of all

21 118 members of the submarine’s crew.

22 (2) The Kursk is the third vessel of the sub23 marine fleet of the Russian Federation and its pred24 ecessor, the Union of Soviet Socialist Republics, to
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1 be lost in an accident at sea with considerable loss

2 of life of the officers and crews of those submarines.

3 (3) The United States submarines USS Thresh4 er and USS Scorpion, with their officers and crews,

5 were also lost at sea in tragic accidents, in 1963 and

6 1968, respectively.

7 (4) The United States, the Russian Federation,

8 and other maritime nations possess extensive capa9 bilities consisting of naval and research vessels and

10 other assets that could be used to respond to acci11 dents or incidents involving submarines or other un12 dersea vessels.

13 (5) The United States Navy has rescue agree14 ments with the navies of 14 countries from Europe,

15 the Western Pacific, and the Americas, but not in16 cluding the Russian Federation, and exercises regu17 larly to train crews and practice submarine rescue

18 procedures with the navies of participating nations.

19 (b) EXPRESSION OF SYMPATHY.—Congress expresses

20 its sympathy and the sympathy of the American people

21 to the people of the Russian Federation and joins the Rus22 sian people in mourning the death of the crewmen of the

23 submarine Kursk.

24 (c) SENSE OF CONGRESS CONCERNING INTER25 NATIONAL COOPERATION.—It is the sense of Congress
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1 that when undersea accidents or incidents involving sub2 marines or other undersea vessels occur, it is in the best

3 interests of all nations to work together to respond

4 promptly to the accident or incident, rescue and recover

5 the crew of the vessel, minimize the loss of life, and pre6 vent damage to the oceans.

7 (d) ESTABLISHMENT OF PLAN FOR RESPONDING TO

8 UNDERSEA ACCIDENTS OR INCIDENTS.—Congress urges

9 the President of the United States and the President of

10 the Russian Federation, in coordination with the leaders

11 of other maritime nations that possess undersea naval and

12 research vessels and undersea rescue capabilities, to co13 operate in establishing a plan for—

14 (1) responding to accidents or incidents involv15 ing submarines or other undersea vessels; and

16 (2) rescue and recovery of the crew of the ves17 sels involved in such accidents or incidents.

18 SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COM19 MISSION.

20 (a) PURPOSES.—The purposes of this section are as

21 follows:

22 (1) To establish the United States-China Secu23 rity Review Commission to review the national secu24 rity implications of trade and economic ties between
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1 the United States and the People’s Republic of

2 China.

3 (2) To facilitate the assumption by the United

4 States-China Security Review Commission of its du5 ties regarding the review referred to in paragraph

6 (1) by providing for the transfer to that Commission

7 of staff, materials, and infrastructure (including

8 leased premises) of the Trade Deficit Review Com9 mission that are appropriate for the review upon the

10 submittal of the final report of the Trade Deficit Re11 view Commission.

12 (b) ESTABLISHMENT OF UNITED STATES-CHINA SE13 CURITY REVIEW COMMISSION.—

14 (1) IN GENERAL.—There is hereby established

15 a commission to be known as the United States16 China Security Review Commission (in this section

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

18 (2) PURPOSE.—The purpose of the Commission

19 is to monitor, investigate, and report to Congress on

20 the national security implications of the bilateral

21 trade and economic relationship between the United

22 States and the People’s Republic of China.

23 (3) MEMBERSHIP.—The United States-China

24 Security Review Commission shall be composed of

25 12 members, who shall be appointed in the same
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1 manner provided for the appointment of members of

2 the Trade Deficit Review Commission under section

3 127(c)(3) of the Trade Deficit Review Commission

4 Act (19 U.S.C. 2213 note), except that—

5 (A) appointment of members by the Speak6 er of the House of Representatives shall be

7 made after consultation with the chairman of

8 the Committee on Armed Services of the House

9 of Representatives, in addition to consultation

10 with the chairman of the Committee on Ways

11 and Means of the House of Representatives

12 provided for under clause (iii) of subparagraph

13 (A) of that section;

14 (B) appointment of members by the Presi15 dent pro tempore of the Senate upon the rec16 ommendation of the majority leader of the Sen17 ate shall be made after consultation with the

18 chairman of the Committee on Armed Services

19 of the Senate, in addition to consultation with

20 the chairman of the Committee on Finance of

21 the Senate provided for under clause (i) of that

22 subparagraph;

23 (C) appointment of members by the Presi24 dent pro tempore of the Senate upon the rec25 ommendation of the minority leader of the Sen-
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1 ate shall be made after consultation with the

2 ranking minority member of the Committee on

3 Armed Services of the Senate, in addition to

4 consultation with the ranking minority member

5 of the Committee on Finance of the Senate pro6 vided for under clause (ii) of that subpara7 graph;

8 (D) appointment of members by the minor9 ity leader of the House of Representatives shall

10 be made after consultation with the ranking mi11 nority member of the Committee on Armed

12 Services of the House of Representatives, in ad13 dition to consultation with the ranking minority

14 member of the Committee on Ways and Means

15 of the House of Representatives provided for

16 under clause (iv) of that subparagraph;

17 (E) persons appointed to the Commission

18 shall have expertise in national security matters

19 and United States-China relations, in addition

20 to the expertise provided for under subpara21 graph (B)(i)(I) of that section;

22 (F) members shall be appointed to the

23 Commission not later than 30 days after the

24 date on which each new Congress convenes;
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1 (G) members of the Commission may be

2 reappointed for additional terms of service as

3 members of the Commission; and

4 (H) members of the Trade Deficit Review

5 Commission as of the date of the enactment of

6 this Act shall serve as members of the United

7 States-China Security Review Commission until

8 such time as members are first appointed to the

9 United States-China Security Review Commis10 sion under this paragraph.

11 (4) RETENTION OF SUPPORT.—The United

12 States-China Security Review Commission shall re13 tain and make use of such staff, materials, and in14 frastructure (including leased premises) of the Trade

15 Deficit Review Commission as the United States16 China Security Review Commission determines, in

17 the judgment of the members of the United States18 China Security Review Commission, are required to

19 facilitate the ready commencement of activities of

20 the United States-China Security Review Commis21 sion under subsection (c) or to carry out such activi22 ties after the commencement of such activities.

23 (5) CHAIRMAN AND VICE CHAIRMAN.—The

24 members of the Commission shall select a Chairman
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1 and Vice Chairman of the Commission from among

2 the members of the Commission.

3 (6) MEETINGS.—

4 (A) MEETINGS.—The Commission shall

5 meet at the call of the Chairman of the Com6 mission.

7 (B) QUORUM.—A majority of the members

8 of the Commission shall constitute a quorum

9 for the transaction of business of the Commis10 sion.

11 (7) VOTING.—Each member of the Commission

12 shall be entitled to one vote, which shall be equal to

13 the vote of every other member of the Commission.

14 (c) DUTIES.—

15 (1) ANNUAL REPORT.—Not later than March 1

16 each year (beginning in 2002), the Commission shall

17 submit to Congress a report, in both unclassified

18 and classified form, regarding the national security

19 implications and impact of the bilateral trade and

20 economic relationship between the United States and

21 the People’s Republic of China. The report shall in22 clude a full analysis, along with conclusions and rec23 ommendations for legislative and administrative ac24 tions, if any, of the national security implications for

25 the United States of the trade and current balances
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1 with the People’s Republic of China in goods and

2 services, financial transactions, and technology

3 transfers. The Commission shall also take into ac4 count patterns of trade and transfers through third

5 countries to the extent practicable.

6 (2) CONTENTS OF REPORT.—Each report under

7 paragraph (1) shall include, at a minimum, a full

8 discussion of the following:

9 (A) The portion of trade in goods and

10 services with the United States that the Peo11 ple’s Republic of China dedicates to military

12 systems or systems of a dual nature that could

13 be used for military purposes.

14 (B) The acquisition by the People’s Repub15 lic of China of advanced military or dual-use

16 technologies from the United States by trade

17 (including procurement) and other technology

18 transfers, especially those transfers, if any, that

19 contribute to the proliferation of weapons of

20 mass destruction or their delivery systems, or

21 that undermine international agreements or

22 United States laws with respect to nonprolifera23 tion.

24 (C) Any transfers, other than those identi25 fied under subparagraph (B), to the military
834

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1 systems of the People’s Republic of China made

2 by United States firms and United States-based

3 multinational corporations.

4 (D) An analysis of the statements and

5 writing of the People’s Republic of China offi6 cials and officially-sanctioned writings that bear

7 on the intentions, if any, of the Government of

8 the People’s Republic of China regarding the

9 pursuit of military competition with, and lever10 age over, or cooperation with, the United States

11 and the Asian allies of the United States.

12 (E) The military actions taken by the Gov13 ernment of the People’s Republic of China dur14 ing the preceding year that bear on the national

15 security of the United States and the regional

16 stability of the Asian allies of the United

17 States.

18 (F) The effects, if any, on the national se19 curity interests of the United States of the use

20 by the People’s Republic of China of financial

21 transactions and capital flow and currency ma22 nipulations.

23 (G) Any action taken by the Government

24 of the People’s Republic of China in the context

25 of the World Trade Organization that is ad-
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•HR 5408 IH

1 verse or favorable to the United States national

2 security interests.

3 (H) Patterns of trade and investment be4 tween the People’s Republic of China and its

5 major trading partners, other than the United

6 States, that appear to be substantively different

7 from trade and investment patterns with the

8 United States and whether the differences have

9 any national security implications for the

10 United States.

11 (I) The extent to which the trade surplus

12 of the People’s Republic of China with the

13 United States enhances the military budget of

14 the People’s Republic of China.

15 (J) An overall assessment of the state of

16 the security challenges presented by the Peo17 ple’s Republic of China to the United States

18 and whether the security challenges are increas19 ing or decreasing from previous years.

20 (3) RECOMMENDATIONS OF REPORT.—Each re21 port under paragraph (1) shall also include rec22 ommendations for action by Congress or the Presi23 dent, or both, including specific recommendations

24 for the United States to invoke Article XXI (relating

25 to security exceptions) of the General Agreement on
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1 Tariffs and Trade 1994 with respect to the People’s

2 Republic of China, as a result of any adverse impact

3 on the national security interests of the United

4 States.

5 (d) HEARINGS.—

6 (1) IN GENERAL.—The Commission or, at its

7 direction, any panel or member of the Commission,

8 may for the purpose of carrying out the provisions

9 of this section, hold hearings, sit and act at times

10 and places, take testimony, receive evidence, and ad11 minister oaths to the extent that the Commission or

12 any panel or member considers advisable.

13 (2) INFORMATION.—The Commission may se14 cure directly from the Department of Defense, the

15 Central Intelligence Agency, and any other Federal

16 department or agency information that the Commis17 sion considers necessary to enable the Commission

18 to carry out its duties under this section, except the

19 provision of intelligence information to the Commis20 sion shall be made with due regard for the protec21 tion from unauthorized disclosure of classified infor22 mation relating to sensitive intelligence sources and

23 methods or other exceptionally sensitive matters,

24 under procedures approved by the Director of Cen25 tral Intelligence.
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1 (3) SECURITY.—The Office of Senate Security

2 shall—

3 (A) provide classified storage and meeting

4 and hearing spaces, when necessary, for the

5 Commission; and

6 (B) assist members and staff of the Com7 mission in obtaining security clearances.

8 (4) SECURITY CLEARANCES.—All members of

9 the Commission and appropriate staff shall be sworn

10 and hold appropriate security clearances.

11 (e) COMMISSION PERSONNEL MATTERS.—

12 (1) COMPENSATION OF MEMBERS.—Members of

13 the United States-China Security Review Commis14 sion shall be compensated in the same manner pro15 vided for the compensation of members of the Trade

16 Deficit Review Commission under section 127(g)(1)

17 and section 127(g)(6) of the Trade Deficit Review

18 Commission Act (19 U.S.C. 2213 note).

19 (2) TRAVEL EXPENSES.—Travel expenses of

20 the United States-China Security Review Commis21 sion shall be allowed in the same manner provided

22 for the allowance of the travel expenses of the Trade

23 Deficit Review Commission under section 127(g)(2)

24 of the Trade Deficit Review Commission Act.
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1 (3) STAFF.—An executive director and other

2 additional personnel for the United States-China Se3 curity Review Commission shall be appointed, com4 pensated, and terminated in the same manner pro5 vided for the appointment, compensation, and termi6 nation of the executive director and other personnel

7 of the Trade Deficit Review Commission under sec8 tion 127(g)(3) and section 127(g)(6) of the Trade

9 Deficit Review Commission Act.

10 (4) DETAIL OF GOVERNMENT EMPLOYEES.—

11 Federal Government employees may be detailed to

12 the United States-China Security Review Commis13 sion in the same manner provided for the detail of

14 Federal Government employees to the Trade Deficit

15 Review Commission under section 127(g)(4) of the

16 Trade Deficit Review Commission Act.

17 (5) FOREIGN TRAVEL FOR OFFICIAL PUR18 POSES.—Foreign travel for official purposes by

19 members and staff of the Commission may be au20 thorized by either the Chairman or the Vice Chair21 man of the Commission.

22 (6) PROCUREMENT OF TEMPORARY AND INTER23 MITTENT SERVICES.—The Chairman of the United

24 States-China Security Review Commission may pro25 cure temporary and intermittent services for the
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1 United States-China Security Review Commission in

2 the same manner provided for the procurement of

3 temporary and intermittent services for the Trade

4 Deficit Review Commission under section 127(g)(5)

5 of the Trade Deficit Review Commission Act.

6 (f) AUTHORIZATION OF APPROPRIATIONS.—

7 (1) IN GENERAL.—There is authorized to be

8 appropriated to the Commission for fiscal year 2001,

9 and for each fiscal year thereafter, such sums as

10 may be necessary to enable the Commission to carry

11 out its functions under this section.

12 (2) AVAILABILITY.—Amounts appropriated to

13 the Commission shall remain available until ex14 pended.

15 (g) FEDERAL ADVISORY COMMITTEE ACT.—The pro16 visions of the Federal Advisory Committee Act (5 U.S.C.

17 App.) shall not apply to the Commission.

18 (h) EFFECTIVE DATE.—This section shall take effect

19 on the first day of the 107th Congress.

20 TITLE XIII—COOPERATIVE

21 THREAT REDUCTION WITH

22 STATES OF THE FORMER SO23 VIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Prohibition on use of funds for elimination of conventional weapons.

Sec. 1304. Limitations on use of funds for fissile material storage facility.
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Sec. 1305. Limitation on use of funds to support warhead dismantlement processing.

Sec. 1306. Agreement on nuclear weapons storage sites.

Sec. 1307. Limitation on use of funds for construction of fossil fuel energy

plants; report.

Sec. 1308. Reports on activities and assistance under Cooperative Threat Reduction programs.

Sec. 1309. Russian chemical weapons elimination.

Sec. 1310. Limitation on use of funds for elimination of weapons grade plutonium program.

Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

1 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE2 DUCTION PROGRAMS AND FUNDS.

3 (a) SPECIFICATION OF CTR PROGRAMS.—For pur4 poses of section 301 and other provisions of this Act, Co5 operative Threat Reduction programs are the programs

6 specified in section 1501(b) of the National Defense Au7 thorization Act for Fiscal Year 1997 (Public Law 104–

8 201; 110 Stat. 2731; 50 U.S.C. 2362 note).

9 (b) FISCAL YEAR 2001 COOPERATIVE THREAT RE10 DUCTION FUNDS DEFINED.—As used in this title, the

11 term ‘‘fiscal year 2001 Cooperative Threat Reduction

12 funds’’ means the funds appropriated pursuant to the au13 thorization of appropriations in section 301 for Coopera14 tive Threat Reduction programs.

15 (c) AVAILABILITY OF FUNDS.—Funds appropriated

16 pursuant to the authorization of appropriations in section

17 301 for Cooperative Threat Reduction programs shall be

18 available for obligation for three fiscal years.
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1 SEC. 1302. FUNDING ALLOCATIONS.

2 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

3 $443,400,000 authorized to be appropriated to the De4 partment of Defense for fiscal year 2001 in section

5 301(23) for Cooperative Threat Reduction programs, not

6 more than the following amounts may be obligated for the

7 purposes specified:

8 (1) For strategic offensive arms elimination in

9 Russia, $177,800,000.

10 (2) For strategic nuclear arms elimination in

11 Ukraine, $29,100,000.

12 (3) For activities to support warhead dismantle13 ment processing in Russia, $9,300,000.

14 (4) For weapons transportation security in Rus15 sia, $14,000,000.

16 (5) For planning, design, and construction of a

17 storage facility for Russian fissile material,

18 $57,400,000.

19 (6) For weapons storage security in Russia,

20 $89,700,000.

21 (7) For development of a cooperative program

22 with the Government of Russia to eliminate the pro23 duction of weapons grade plutonium at Russian re24 actors, $32,100,000.
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•HR 5408 IH

1 (8) For biological weapons proliferation preven2 tion activities in the former Soviet Union,

3 $12,000,000.

4 (9) For activities designated as Other Assess5 ments/Administrative Support, $13,000,000.

6 (10) For defense and military contacts,

7 $9,000,000.

8 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

9 FUNDS FOR OTHER PURPOSES.—No fiscal year 2001 Co10 operative Threat Reduction funds may be obligated or ex11 pended for a purpose other than a purpose listed in para12 graphs (1) through (10) of subsection (a) until 30 days

13 after the date that the Secretary of Defense submits to

14 Congress a report on the purpose for which the funds will

15 be obligated or expended and the amount of funds to be

16 obligated or expended. Nothing in the preceding sentence

17 shall be construed as authorizing the obligation or expend18 iture of fiscal year 2001 Cooperative Threat Reduction

19 funds for a purpose for which the obligation or expendi20 ture of such funds is specifically prohibited under this title

21 or any other provision of law.

22 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

23 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

24 case in which the Secretary of Defense determines that

25 it is necessary to do so in the national interest, the Sec-
843

•HR 5408 IH

1 retary may obligate amounts appropriated for fiscal year

2 2001 for a purpose listed in any of the paragraphs in sub3 section (a) in excess of the amount specifically authorized

4 for such purpose.

5 (2) An obligation of funds for a purpose stated in

6 any of the paragraphs in subsection (a) in excess of the

7 specific amount authorized for such purpose may be made

8 using the authority provided in paragraph (1) only after—

9 (A) the Secretary submits to Congress notifica10 tion of the intent to do so together with a complete

11 discussion of the justification for doing so; and

12 (B) 15 days have elapsed following the date of

13 the notification.

14 (3) The Secretary may not, under the authority pro15 vided in paragraph (1), obligate amounts for the purposes

16 stated in any of paragraphs (4), (5), (7), (9), or (10) of

17 subsection (a) in excess of 115 percent of the amount spe18 cifically authorized for such purposes.

19 SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMI20 NATION OF CONVENTIONAL WEAPONS.

21 No fiscal year 2001 Cooperative Threat Reduction

22 funds, and no funds appropriated for Cooperative Threat

23 Reduction programs for any other fiscal year, may be obli24 gated or expended for elimination of conventional weapons
844

•HR 5408 IH

1 or the delivery vehicles primarily intended to deliver such

2 weapons.

3 SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE

4 MATERIAL STORAGE FACILITY.

5 (a) LIMITATIONS.—No fiscal year 2001 Cooperative

6 Threat Reduction funds may be used—

7 (1) for construction of a second wing for the

8 storage facility for Russian fissile material referred

9 to in section 1302(a)(5); or

10 (2) for design or planning with respect to such

11 facility until 15 days after the date that the Sec12 retary of Defense submits to Congress notification

13 that Russia and the United States have signed a

14 written transparency agreement that provides for

15 verification that material stored at the facility is of

16 weapons origin.

17 (b) ESTABLISHMENT OF FUNDING CAP FOR FIRST

18 WING OF STORAGE FACILITY.—Out of funds authorized

19 to be appropriated for Cooperative Threat Reduction pro20 grams for fiscal year 2001 or any other fiscal year, not

21 more than $412,600,000 may be used for planning, de22 sign, or construction of the first wing for the storage facil23 ity for Russian fissile material referred to in section

24 1302(a)(5).
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1 SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT

2 WARHEAD DISMANTLEMENT PROCESSING.

3 No fiscal year 2001 Cooperative Threat Reduction

4 funds may be used for activities to support warhead dis5 mantlement processing in Russia until 15 days after the

6 date that the Secretary of Defense submits to Congress

7 notification that the United States has reached an agree8 ment with Russia, which shall provide for appropriate

9 transparency measures, regarding assistance by the

10 United States with respect to such processing.

11 SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE

12 SITES.

13 The Secretary of Defense shall seek to enter into an

14 agreement with Russia regarding procedures to allow the

15 United States appropriate access to nuclear weapons stor16 age sites for which assistance under Cooperative Threat

17 Reduction programs is provided.

18 SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUC19 TION OF FOSSIL FUEL ENERGY PLANTS; RE20 PORT.

21 (a) IN GENERAL.—No fiscal year 2001 Cooperative

22 Threat Reduction funds may be used for the construction

23 of a fossil fuel energy plant intended to provide power to

24 local communities that already receive power from nuclear

25 energy plants that produce plutonium.
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1 (b) REPORT.—Not later than 60 days after the date

2 of the enactment of this Act, the President shall submit

3 to Congress a report detailing options for assisting Russia

4 in the development of alternative energy sources to the

5 three plutonium production reactors remaining in oper6 ation in Russia. The report shall include—

7 (1) an assessment of the costs of building fossil

8 fuel plants in Russia to replace the existing pluto9 nium production reactors; and

10 (2) an identification of funding sources, other

11 than Cooperative Threat Reduction funds, that could

12 possibly be used for the construction of such plants

13 in the event that the option to use fossil fuel energy

14 is chosen as part of a plan to shut down Russia’s

15 nuclear plutonium production reactors at Seversk

16 and Zelenogorsk.

17 SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE

18 UNDER COOPERATIVE THREAT REDUCTION

19 PROGRAMS.

20 (a) ANNUAL REPORT.—In any year in which the

21 budget of the President under section 1105 of title 31,

22 United States Code, for the fiscal year beginning in such

23 year requests funds for the Department of Defense for as24 sistance or activities under Cooperative Threat Reduction

25 programs with the states of the former Soviet Union, the
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•HR 5408 IH

1 Secretary of Defense shall submit to Congress a report

2 on activities and assistance during the preceding fiscal

3 year under Cooperative Threat Reduction programs set4 ting forth the matters in subsection (c).

5 (b) DEADLINE FOR REPORT.—The report under sub6 section (a) shall be submitted not later than the first Mon7 day in February of a year.

8 (c) MATTERS TO BE INCLUDED.—The report under

9 subsection (a) in a year shall set forth the following:

10 (1) An estimate of the total amount that will be

11 required to be expended by the United States in

12 order to achieve the objectives of the Cooperative

13 Threat Reduction programs.

14 (2) A five-year plan setting forth the amount of

15 funds and other resources proposed to be provided

16 by the United States for Cooperative Threat Reduc17 tion programs over the term of the plan, including

18 the purpose for which such funds and resources will

19 be used, and to provide guidance for the preparation

20 of annual budget submissions with respect to Coop21 erative Threat Reduction programs.

22 (3) A description of the Cooperative Threat Re23 duction activities carried out during the fiscal year

24 ending in the year preceding the year of the report,

25 including—
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1 (A) the amounts notified, obligated, and

2 expended for such activities and the purposes

3 for which such amounts were notified, obli4 gated, and expended for such fiscal year and

5 cumulatively for Cooperative Threat Reduction

6 programs;

7 (B) a description of the participation, if

8 any, of each department and agency of the

9 United States Government in such activities;

10 (C) a description of such activities, includ11 ing the forms of assistance provided;

12 (D) a description of the United States pri13 vate sector participation in the portion of such

14 activities that were supported by the obligation

15 and expenditure of funds for Cooperative

16 Threat Reduction programs; and

17 (E) such other information as the Sec18 retary of Defense considers appropriate to in19 form Congress fully of the operation of Cooper20 ative Threat Reduction programs and activities,

21 including with respect to proposed demilitariza22 tion or conversion projects, information on the

23 progress toward demilitarization of facilities

24 and the conversion of the demilitarized facilities

25 to civilian activities.
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1 (4) A description of the audits, examinations,

2 and other efforts, such as on-site inspections, con3 ducted by the United States during the fiscal year

4 ending in the year preceding the year of the report

5 to ensure that assistance provided under Cooperative

6 Threat Reduction programs is fully accounted for

7 and that such assistance is being used for its in8 tended purpose, including—

9 (A) if such assistance consisted of equip10 ment, a description of the current location of

11 such equipment and the current condition of

12 such equipment;

13 (B) if such assistance consisted of con14 tracts or other services, a description of the sta15 tus of such contracts or services and the meth16 ods used to ensure that such contracts and

17 services are being used for their intended pur18 pose;

19 (C) a determination whether the assistance

20 described in subparagraphs (A) and (B) has

21 been used for its intended purpose; and

22 (D) a description of the audits, examina23 tions, and other efforts planned to be carried

24 out during the fiscal year beginning in the year

25 of the report to ensure that Cooperative Threat
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1 Reduction assistance provided during such fis2 cal year is fully accounted for and is used for

3 its intended purpose.

4 (5) A current description of the tactical nuclear

5 weapons arsenal of Russia, including—

6 (A) an estimate of the current types, num7 bers, yields, viability, locations, and deployment

8 status of the nuclear warheads in that arsenal;

9 (B) an assessment of the strategic rel10 evance of such warheads;

11 (C) an assessment of the current and pro12 jected threat of theft, sale, or unauthorized use

13 of such warheads; and

14 (D) a summary of past, current, and

15 planned United States efforts to work coopera16 tively with Russia to account for, secure, and

17 reduce Russia’s stockpile of tactical nuclear

18 warheads and associated fissile materials.

19 (d) INPUT OF DCI.—The Director of Central Intel20 ligence shall submit to the Secretary of Defense the views

21 of the Director on any matters covered by subsection

22 (c)(5) in a report under subsection (a). Such views shall

23 be included in such report as a classified annex to such

24 report.
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1 (e) COMPTROLLER GENERAL ASSESSMENT.—Not

2 later than 90 days after the date on which a report is

3 submitted to Congress under subsection (a), the Comp4 troller General shall submit to Congress a report setting

5 forth the Comptroller General’s assessment of the infor6 mation described in paragraphs (2) and (4) of subsection

7 (c).

8 (f) FIRST REPORT.—The first report submitted

9 under subsection (a) shall be submitted in 2001.

10 (g) REPEAL OF SUPERSEDED REPORTING REQUIRE11 MENTS.—(1) The following provisions of law are repealed:

12 (A) Section 1207 of the Cooperative Threat Re13 duction Act of 1994 (title XII of Public Law 103–

14 160; 107 Stat. 1782; 22 U.S.C. 5956), relating to

15 semiannual reports on Cooperative Threat Reduc16 tion.

17 (B) Section 1203 of the National Defense Au18 thorization Act for Fiscal Year 1995 (Public Law

19 103–337; 108 Stat. 2882), relating to a report ac20 counting for United States assistance for Coopera21 tive Threat Reduction.

22 (C) Section 1206 of the National Defense Au23 thorization Act for Fiscal Year 1996 (Public Law

24 104–106; 22 U.S.C. 5955 note), relating to account-
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1 ing for United States assistance for Cooperative

2 Threat Reduction.

3 (D) Section 1307 of the National Defense Au4 thorization Act for Fiscal Year 2000 (Public Law

5 106–65; 113 Stat. 795), relating to a limitation on

6 use of funds for Cooperative Threat Reduction pend7 ing submittal of a multiyear plan.

8 (2) Effective on the date the Secretary of Defense

9 submits to Congress an updated version of the multiyear

10 plan for fiscal year 2001 as described in subsection (h),

11 section 1205 of the National Defense Authorization Act

12 for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952

13 note), relating to multiyear planning and Allied support

14 for Cooperative Threat Reduction, is repealed.

15 (3) Section 1312 of the National Defense Authoriza16 tion Act for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C.

17 5955 note), relating to Russian nonstrategic nuclear arms,

18 is amended—

19 (A) by striking ‘‘(a) SENSE OF CONGRESS.—’’;

20 and

21 (B) by striking subsections (b) and (c).

22 (h) LIMITATION ON USE OF FUNDS UNTIL SUBMIS23 SION OF MULTIYEAR PLAN.—Not more than 10 percent

24 of fiscal year 2001 Cooperative Threat Reduction funds

25 may be obligated or expended until the Secretary of De-
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1 fense submits to Congress an updated version of the

2 multiyear plan for fiscal year 2001 required to be sub3 mitted under section 1205 of the National Defense Au4 thorization Act for Fiscal Year 1995 (Public Law 103–

5 337; 22 U.S.C. 5952 note).

6 (i) REPORT ON RUSSIAN NONSTRATEGIC NUCLEAR

7 ARMS.—Not later than 30 days after the date of the en8 actment of this Act, the Secretary of Defense shall submit

9 to Congress a report on the following regarding Russia’s

10 arsenal of tactical nuclear warheads:

11 (1) Estimates regarding current types, num12 bers, yields, viability, locations, and deployment sta13 tus of the warheads.

14 (2) An assessment of the strategic relevance of

15 the warheads.

16 (3) An assessment of the current and projected

17 threat of theft, sale, or unauthorized use of the war18 heads.

19 (4) A summary of past, current, and planned

20 United States efforts to work cooperatively with

21 Russia to account for, secure, and reduce Russia’s

22 stockpile of tactical nuclear warheads and associated

23 fissile material.
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1 SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that the international community should, when prac4 ticable, assist Russia in eliminating its chemical weapons

5 stockpile in accordance with Russia’s obligations under the

6 Chemical Weapons Convention, and that the level of such

7 assistance should be based on—

8 (1) full and accurate disclosure by Russia of the

9 size of its existing chemical weapons stockpile;

10 (2) a demonstrated annual commitment by Rus11 sia to allocate at least $25,000,000 to chemical

12 weapons elimination;

13 (3) development by Russia of a practical plan

14 for destroying its stockpile of nerve agents;

15 (4) enactment of a law by Russia that provides

16 for the elimination of all nerve agents at a single

17 site; and

18 (5) an agreement by Russia to destroy its

19 chemical weapons production facilities at Volgograd

20 and Novocheboksark.

21 (b) REPORT.—Not later than 90 days after the date

22 of the enactment of this Act, the Secretary of Defense

23 shall submit to the Committees on Armed Services of the

24 Senate and the House of Representatives a report that

25 identifies—
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1 (1) the amount spent by Russia for chemical

2 weapons elimination during fiscal year 2000;

3 (2) the specific assistance being provided to

4 Russia by the international community for the safe

5 storage and elimination of Russia’s stockpile of

6 nerve agents, including those nerve agents located at

7 the Shchuch’ye depot;

8 (3) the countries providing the assistance iden9 tified in paragraph (2); and

10 (4) the value of the assistance that the inter11 national community has already provided and has

12 committed to provide in future years for the purpose

13 described in paragraph (2).

14 (c) CHEMICAL WEAPONS CONVENTION DEFINED.—

15 In this section, the term ‘‘Chemical Weapons Convention’’

16 means the Convention on the Prohibition of the Develop17 ment, Production, Stockpiling and Use of Chemical Weap18 ons and on Their Destruction, opened for signature on

19 January 13, 1993.

20 SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMI21 NATION OF WEAPONS GRADE PLUTONIUM

22 PROGRAM.

23 Of the amounts authorized to be appropriated by this

24 Act for fiscal year 2001 for the Elimination of Weapons

25 Grade Plutonium Program, not more than 50 percent of
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1 such amounts may be obligated or expended for the pro2 gram in fiscal year 2001 until 30 days after the date on

3 which the Secretary of Defense submits to the Committees

4 on Armed Services of the Senate and House of Represent5 atives a report on an agreement between the United States

6 Government and the Government of the Russian Federa7 tion regarding a new option selected for the shut down

8 or conversion of the reactors of the Russian Federation

9 that produce weapons grade plutonium, including—

10 (1) the new date on which such reactors will

11 cease production of weapons grade plutonium under

12 such agreement by reason of the shut down or con13 version of such reactors; and

14 (2) any cost-sharing arrangements between the

15 United States Government and the Government of

16 the Russian Federation in undertaking activities

17 under such agreement.

18 SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT

19 REDUCTION PROGRAMS.

20 Not later than March 31, 2001, the Comptroller Gen21 eral shall submit to Congress a report examining the pro22 cedures and mechanisms with respect to audits by the De23 partment of Defense of the use of funds for Cooperative

24 Threat Reduction programs. The report shall examine the

25 following:
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1 (1) Whether the audits being conducted by the

2 Department of Defense are producing necessary in3 formation regarding whether assistance under such

4 programs, including equipment provided and services

5 furnished, is being used as intended.

6 (2) Whether the audit procedures of the De7 partment of Defense are adequate, including wheth8 er random samplings are used.

9 TITLE XIV—COMMISSION TO AS10 SESS THE THREAT TO THE

11 UNITED STATES FROM ELEC12 TROMAGNETIC PULSE (EMP)

13 ATTACK

Sec. 1401. Establishment of commission.

Sec. 1402. Duties of commission.

Sec. 1403. Reports.

Sec. 1404. Powers.

Sec. 1405. Commission procedures.

Sec. 1406. Personnel matters.

Sec. 1407. Miscellaneous administrative provisions.

Sec. 1408. Funding.

Sec. 1409. Termination of the commission.

14 SEC. 1401. ESTABLISHMENT OF COMMISSION.

15 (a) ESTABLISHMENT.—There is hereby established a

16 commission to be known as the ‘‘Commission to Assess

17 the Threat to the United States from Electromagnetic

18 Pulse Attack’’ (hereinafter in this title referred to as the

19 ‘‘Commission’’).

20 (b) COMPOSITION.—The Commission shall be com21 posed of nine members. Seven of the members shall be
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1 appointed by the Secretary of Defense and two of the

2 members shall be appointed by the Director of the Federal

3 Emergency Management Agency. In selecting individuals

4 for appointment to the Commission, the Secretary of De5 fense shall consult with the chairmen and ranking minor6 ity members of the Committees on Armed Services of the

7 Senate and House of Representatives.

8 (c) QUALIFICATIONS.—Members of the Commission

9 shall be appointed from among private United States citi10 zens with knowledge and expertise in the scientific, tech11 nical, and military aspects of electromagnetic pulse (here12 inafter in this title referred to as ‘‘EMP’’) effects resulting

13 from the detonation of a nuclear weapon or weapons at

14 high altitude, sometimes referred to as high-altitude elec15 tromagnetic pulse effects (HEMP).

16 (d) CHAIRMAN OF COMMISSION.—The Secretary of

17 Defense shall designate one of the members of the Com18 mission to serve as chairman of the Commission.

19 (e) PERIOD OF APPOINTMENT; VACANCIES.—Mem20 bers shall be appointed for the life of the Commission. Any

21 vacancy in the Commission shall be filled in the same man22 ner as the original appointment.

23 (f) SECURITY CLEARANCES.—All members of the

24 Commission shall hold appropriate security clearances.
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1 (g) INITIAL ORGANIZATION REQUIREMENTS.—All

2 appointments to the Commission shall be made not later

3 than 90 days after the date of the enactment of this Act.

4 The Commission shall convene its first meeting not later

5 than 60 days after the date as of which all members of

6 the Commission have been appointed.

7 SEC. 1402. DUTIES OF COMMISSION.

8 (a) REVIEW OF EMP THREAT.—The Commission

9 shall assess—

10 (1) the nature and magnitude of potential high11 altitude EMP threats to the United States from all

12 potentially hostile states or non-state actors that

13 have or could acquire nuclear weapons and ballistic

14 missiles enabling them to perform a high-altitude

15 EMP attack against the United States within the

16 next 15 years;

17 (2) the vulnerability of United States military

18 and especially civilian systems to an EMP attack,

19 giving special attention to vulnerability of the civil20 ian infrastructure as a matter of emergency pre21 paredness;

22 (3) the capability of the United States to repair

23 and recover from damage inflicted on United States

24 military and civilian systems by an EMP attack; and
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1 (4) the feasibility and cost of hardening select

2 military and civilian systems against EMP attack.

3 (b) RECOMMENDATION.—The Commission shall rec4 ommend any steps it believes should be taken by the

5 United States to better protect its military and civilian

6 systems from EMP attack.

7 (c) COOPERATION FROM GOVERNMENT OFFI8 CIALS.—In carrying out its duties, the Commission should

9 receive the full and timely cooperation of the Secretary

10 of Defense, the Director of the Federal Emergency Man11 agement Agency, and any other United States Govern12 ment official serving in the Department of Defense or

13 Armed Forces in providing the Commission with analyses,

14 briefings, and other information necessary for the fulfill15 ment of its responsibilities.

16 SEC. 1403. REPORTS.

17 (a) COMMISSION REPORT.—The Commission shall,

18 not later than one year after the date of its first meeting,

19 submit to Congress, the Secretary of Defense, and the Di20 rector of the Federal Emergency Management Agency a

21 report on the Commission’s findings and conclusions.

22 (b) SECRETARY OF DEFENSE REPORT.—Not later

23 than one year after the date of the Commission’s report

24 under subsection (a), the Secretary of Defense shall sub25 mit to Congress a report—
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1 (1) commenting on the Commission’s findings

2 and conclusions;

3 (2) describing political-military scenarios that

4 could possibly lead to an EMP attack against the

5 United States;

6 (3) evaluating the relative likelihood of an EMP

7 attack against the United States compared to other

8 threats involving nuclear weapons; and

9 (4) explaining what actions, if any, the Sec10 retary intends to take to implement the rec11 ommendations of the Commission and the Sec12 retary’s reasons for doing so.

13 SEC. 1404. POWERS.

14 (a) HEARINGS.—The Commission or, at its direction,

15 any panel or member of the Commission, may, for the pur16 pose of carrying out the provisions of this title, hold hear17 ings, take testimony, receive evidence, and administer

18 oaths to the extent that the Commission or any panel or

19 member considers advisable.

20 (b) INFORMATION.—The Commission may secure di21 rectly from the Department of Defense, the Central Intel22 ligence Agency, and any other Federal department or

23 agency information that the Commission considers nec24 essary to enable the Commission to carry out its respon25 sibilities under this title.
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1 SEC. 1405. COMMISSION PROCEDURES.

2 (a) MEETINGS.—The Commission shall meet at the

3 call of the Chairman.

4 (b) QUORUM.—(1) Five members of the Commission

5 shall constitute a quorum other than for the purpose of

6 holding hearings.

7 (2) The Commission shall act by resolution agreed

8 to by a majority of the members of the Commission.

9 (c) COMMISSION.—The Commission may establish

10 panels composed of less than full membership of the Com11 mission for the purpose of carrying out the Commission’s

12 duties. The actions of each such panel shall be subject to

13 the review and control of the Commission. Any findings

14 and determinations made by such a panel shall not be con15 sidered the findings and determinations of the Commis16 sion unless approved by the Commission.

17 (d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM18 MISSION.—Any agent or member of the Commission may,

19 if authorized by the Commission, take any action which

20 the Commission is authorized to take under this title.

21 SEC. 1406. PERSONNEL MATTERS.

22 (a) PAY OF MEMBERS.—Members of the Commission

23 shall serve without pay by reason of their work on the

24 Commission.

25 (b) TRAVEL EXPENSES.—The members of the Com26 mission shall be allowed travel expenses, including per
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1 diem in lieu of subsistence, at rates authorized for employ2 ees of agencies under subchapter I of chapter 57 of title

3 5, United States Code, while away from their homes or

4 regular places of business in the performance of services

5 for the Commission.

6 (c) STAFF.—(1) The chairman of the Commission

7 may, without regard to the provisions of title 5, United

8 States Code, governing appointments in the competitive

9 service, appoint a staff director and such additional per10 sonnel as may be necessary to enable the Commission to

11 perform its duties. The appointment of a staff director

12 shall be subject to the approval of the Commission.

13 (2) The chairman of the Commission may fix the pay

14 of the staff director and other personnel without regard

15 to the provisions of chapter 51 and subchapter III of chap16 ter 53 of title 5, United States Code, relating to classifica17 tion of positions and General Schedule pay rates, except

18 that the rate of pay fixed under this paragraph for the

19 staff director may not exceed the rate payable for level

20 V of the Executive Schedule under section 5316 of such

21 title and the rate of pay for other personnel may not ex22 ceed the maximum rate payable for grade GS–15 of the

23 General Schedule.

24 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

25 request of the chairman of the Commission, the head of
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1 any Federal department or agency may detail, on a non2 reimbursable basis, any personnel of that department or

3 agency to the Commission to assist it in carrying out its

4 duties.

5 (e) PROCUREMENT OF TEMPORARY AND INTERMIT6 TENT SERVICES.—The chairman of the Commission may

7 procure temporary and intermittent services under section

8 3109(b) of title 5, United States Code, at rates for individ9 uals which do not exceed the daily equivalent of the annual

10 rate of basic pay payable for level V of the Executive

11 Schedule under section 5316 of such title.

12 SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

13 (a) POSTAL AND PRINTING SERVICES.—The Com14 mission may use the United States mails and obtain print15 ing and binding services in the same manner and under

16 the same conditions as other departments and agencies of

17 the Federal Government.

18 (b) MISCELLANEOUS ADMINISTRATIVE AND SUP19 PORT SERVICES.—The Secretary of Defense shall furnish

20 the Commission, on a reimbursable basis, any administra21 tive and support services requested by the Commission.

22 SEC. 1408. FUNDING.

23 Funds for activities of the Commission shall be pro24 vided from amounts appropriated for the Department of

25 Defense for operation and maintenance for Defense-wide
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1 activities for fiscal year 2001. Upon receipt of a written

2 certification from the Chairman of the Commission speci3 fying the funds required for the activities of the Commis4 sion, the Secretary of Defense shall promptly disburse to

5 the Commission, from such amounts, the funds required

6 by the Commission as stated in such certification.

7 SEC. 1409. TERMINATION OF THE COMMISSION.

8 The Commission shall terminate 60 days after the

9 date of the submission of its report under section 1403(a).

10 TITLE XV—NAVY ACTIVITIES ON

11 THE ISLAND OF VIEQUES,

12 PUERTO RICO

Sec. 1501. Assistance for economic growth on Vieques.

Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques Island.

Sec. 1503. Determination regarding continuation of Navy training.

Sec. 1504. Actions if training is approved.

Sec. 1505. Requirements if training is not approved or mandate for referendum

is vitiated.

Sec. 1506. Certain properties exempt from conveyance or transfer.

Sec. 1507. Moratorium on improvements at Fort Buchanan.

Sec. 1508. Transfer and management of Conservation Zones.

13 SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON

14 VIEQUES.

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to the Secretary of Defense

17 for fiscal year 2000, $40,000,000 to be used to provide

18 economic assistance for the people and communities of the

19 island of Vieques, Puerto Rico, in accordance with the
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1 terms and conditions of the Vieques supplemental appro2 priation.

3 (b) TRANSFER AUTHORITY.—The Secretary of De4 fense may transfer amounts of authorizations made avail5 able to the Department of Defense in subsection (a) to

6 any agency or office of the United States Government in

7 order to implement the projects for which the Vieques sup8 plemental appropriation is made available. The transfer

9 authority under this section is in addition to any transfer

10 authority provided in Public Law 106–65 or any other

11 Act.

12 (c) NOTICE TO CONGRESS.— The advance notice re13 quired by the Vieques supplemental appropriation of each

14 proposed transfer shall also be submitted to the Com15 mittee on Armed Services of the Senate and the Com16 mittee on Armed Services of the House of Representatives.

17 (d) DEFINITION.—In this section, the term ‘‘Vieques

18 supplemental appropriation’’ means the paragraph under

19 the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE20 WIDE’’ in chapter 1 of title I of the Emergency Supple21 mental Act, 2000 (division B of Public Law 106–246; 114

22 Stat. 525).

23 SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT

24 DETACHMENT, VIEQUES ISLAND.

25 (a) CONVEYANCE REQUIRED.—
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1 (1) PROPERTY TO BE CONVEYED.—The Sec2 retary of the Navy shall convey, without consider3 ation, to the Municipality of Vieques, Puerto Rico,

4 all right, title, and interest of the United States in

5 and to the land constituting the Naval Ammunition

6 Support Detachment located on the western end of

7 the island of Vieques, Puerto Rico, except for—

8 (A) the property that is exempt from con9 veyance under section 1506;

10 (B) the property that is required to be

11 transferred to the Secretary of the Interior

12 under section 1508(a); and

13 (C) any property that is conveyed pursuant

14 to section 1508(b).

15 (2) TIME FOR CONVEYANCE.—The Secretary of

16 the Navy shall complete the conveyance required by

17 paragraph (1) not later than May 1, 2001.

18 (b) DESCRIPTION OF PROPERTY.—The Secretary of

19 the Navy, in consultation with the Secretary of the Inte20 rior on issues relating to natural resource protection under

21 section 1508, shall determine the exact acreage and legal

22 description of the property required to be conveyed pursu23 ant to subsection (a), including the legal description of any

24 easements, rights of way, and other interests that are re25 tained pursuant to section 1506.
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1 (c) ENVIRONMENTAL RESTORATION.—

2 (1) OBJECTIVE OF CONVEYANCE.—An impor3 tant objective of the conveyance required by this sec4 tion is to promote timely redevelopment of the con5 veyed property in a manner that enhances employ6 ment opportunities and economic redevelopment,

7 consistent with all applicable environmental require8 ments and in full consultation with the Governor of

9 Puerto Rico, for the benefit of the residents of the

10 island of Vieques.

11 (2) CONVEYANCE DESPITE RESPONSE NEED.—

12 If the Secretary of the Navy, by May 1, 2001, is un13 able to provide the covenant required by subpara14 graph (A)(ii)(I) of section 120(h)(3) of the Com15 prehensive Environmental Response, Compensation,

16 and Liability Act of 1980 (42 U.S.C. 9620(h)(3))

17 with respect to the property to be conveyed, the Sec18 retary shall still complete the conveyance by that

19 date, as required by subsection (a)(2). The Secretary

20 shall remain responsible for completing all response

21 actions required under such Act. Upon completion of

22 such response actions, the Secretary shall execute

23 and deliver to the transferee the warranty referred

24 to in subparagraph (C)(iii) of such section. The com-
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1 pletion of the response actions shall not be delayed

2 on account of the conveyance.

3 (3) CONTINUED NAVY RESPONSIBILITY.—Con4 sistent with existing Navy and legal requirements,

5 the Secretary of the Navy shall remain responsible

6 for the environmental condition of the property, and

7 neither the Commonwealth of Puerto Rico nor the

8 Municipality of Vieques shall be responsible for such

9 condition existing at the time of the conveyance.

10 (4) SAVINGS CLAUSE.—All response actions

11 with respect to the property to be conveyed shall

12 take place in compliance with current law.

13 (d) CONTROL OF CONVEYED PROPERTY.—The gov14 ernment of the Municipality of Vieques, acting through the

15 elected officials of that government, shall have the power

16 to administer, manage, and control the property conveyed

17 under subsection (a) in any manner determined by the

18 government of the Municipality of Vieques as being most

19 advantageous to the majority of the residents of the island

20 of Vieques (consistent with the laws of the United States).

21 (e) INDEMNIFICATION.—

22 (1) ENTITIES AND PERSONS COVERED; EX23 TENT.—(A) Except as provided in subparagraph

24 (C), and subject to paragraph (2), the Secretary of

25 Defense shall hold harmless, defend, and indemnify
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1 in full the persons and entities described in subpara2 graph (B) from and against any suit, claim, demand

3 or action, liability, judgment, cost or other fee aris4 ing out of any claim for personal injury or property

5 damage (including death, illness, or loss of or dam6 age to property or economic loss) that results from,

7 or is in any manner predicated upon, the release or

8 threatened release (after the conveyance is made

9 under subsection (a)) of any hazardous substance or

10 pollutant or contaminant as a result of Department

11 of Defense activities at those parts of the Naval Am12 munition Support Detachment conveyed pursuant to

13 subsection (a).

14 (B) The persons and entities described in this

15 paragraph are the following:

16 (i) The Commonwealth of Puerto Rico (in17 cluding any officer, agent, or employee of the

18 Commonwealth of Puerto Rico).

19 (ii) The Municipality of Vieques, Puerto

20 Rico, and any other political subdivision of the

21 Commonwealth of Puerto Rico that acquires

22 such ownership or control (including any offi23 cer, agent, or employee of that Municipality or

24 other political subdivision).
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1 (iii) Any other person or entity that ac2 quires such ownership or control.

3 (iv) Any successor, assignee, transferee,

4 lender, or lessee of a person or entity described

5 in clauses (i) through (iii).

6 (C) To the extent the persons and entities de7 scribed in subparagraph (B) contributed to any such

8 release or threatened release, subparagraph (A) shall

9 not apply.

10 (2) CONDITIONS ON INDEMNIFICATION.—No in11 demnification may be afforded under this subsection

12 unless the person or entity making a claim for

13 indemnification—

14 (A) notifies the Secretary of Defense in

15 writing within two years after such claim ac16 crues or begins action within six months after

17 the date of mailing, by certified or registered

18 mail, of notice of final denial of the claim by

19 the Secretary of Defense;

20 (B) furnishes to the Secretary of Defense

21 copies of pertinent papers the entity receives;

22 (C) furnishes evidence of proof of any

23 claim, loss, or damage covered by this sub24 section; and
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1 (D) provides, upon request by the Sec2 retary of Defense, access to the records and

3 personnel of the entity for purposes of defend4 ing or settling the claim or action.

5 (3) RESPONSIBILITIES OF SECRETARY OF DE6 FENSE.—(A) In any case in which the Secretary of

7 Defense determines that the Department of Defense

8 may be required to make indemnification payments

9 to a person under this subsection for any suit, claim,

10 demand or action, liability, judgment, cost or other

11 fee arising out of any claim for personal injury or

12 property damage referred to in paragraph (1)(A),

13 the Secretary may settle or defend, on behalf of that

14 person, the claim for personal injury or property

15 damage.

16 (B) In any case described in subparagraph (A),

17 if the person to whom the Department of Defense

18 may be required to make indemnification payments

19 does not allow the Secretary of Defense to settle or

20 defend the claim, the person may not be afforded in21 demnification with respect to that claim under this

22 subsection.

23 (4) ACCRUAL OF ACTION.—For purposes of

24 paragraph (2)(A), the date on which a claim accrues

25 is the date on which the plaintiff knew (or reason-
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1 ably should have known) that the personal injury or

2 property damage referred to in paragraph (1) was

3 caused or contributed to by the release or threatened

4 release of a hazardous substance or pollutant or con5 taminant as a result of Department of Defense ac6 tivities at any part of the Naval Ammunition Sup7 port Detachment conveyed pursuant to subsection

8 (a).

9 (5) RELATIONSHIP TO OTHER LAWS.—Nothing

10 in this subsection shall be construed as affecting or

11 modifying in any way subsection 120(h) of the Com12 prehensive Environmental Response, Compensation,

13 and Liability Act of 1980 (42 U.S.C. 9620(h)).

14 (6) DEFINITIONS.—In this subsection, the

15 terms ‘‘hazardous substance’’, ‘‘release’’, and ‘‘pol16 lutant or contaminant’’ have the meanings given

17 such terms under paragraphs (9), (14), (22), and

18 (33) of section 101 of the Comprehensive Environ19 mental Response, Compensation, and Liability Act

20 of 1980 (42 U.S.C. 9601).

21 SEC. 1503. DETERMINATION REGARDING CONTINUATION

22 OF NAVY TRAINING.

23 (a) REFERENDUM.—

24 (1) REQUIREMENT.—Except as provided in

25 paragraph (2), the President shall provide for a ref-
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1 erendum to be conducted on the island of Vieques,

2 Puerto Rico, to determine by a majority of the votes

3 cast in the referendum by the Vieques electorate

4 whether the people of Vieques approve or disapprove

5 of the continuation of the conduct of live-fire train6 ing, and any other types of training, by the Armed

7 Forces at the Navy’s training sites on the island

8 under the conditions described in subsection (d).

9 (2) EXCEPTION.—If the Chief of Naval Oper10 ations and the Commandant of the Marine Corps

11 jointly submit to the congressional defense commit12 tees, after the date of the enactment of this Act and

13 before the date set forth in subsection (c), their cer14 tification that the Vieques Naval Training Range is

15 no longer needed for training by the Navy and the

16 Marine Corps, then the requirement for a ref17 erendum under paragraph (1) shall cease to be effec18 tive on the date on which the certification is sub19 mitted.

20 (b) PROHIBITION OF OTHER PROPOSITIONS.—In the

21 referendum under this section, no proposition or option

22 may be presented as an alternative to the propositions of

23 approval and of disapproval of the continuation of the con24 duct of training as described in subsection (a)(1).
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1 (c) TIME FOR REFERENDUM.—The referendum re2 quired under this section shall be held on May 1, 2001,

3 or within 270 days before such date or 270 days after

4 such date. The Secretary of the Navy shall publicize the

5 date set for the referendum 90 days before that date.

6 (d) REQUIRED TRAINING CONDITIONS.—For the

7 purposes of the referendum under this section, the condi8 tions for the continuation of the conduct of training are

9 those that are proposed by the Secretary of the Navy and

10 publicized on the island of Vieques in connection with, and

11 for a reasonable period in advance of, the referendum. The

12 conditions shall include the following:

13 (1) LIVE-FIRE TRAINING.—A condition that the

14 training may include live-fire training.

15 (2) MAXIMUM ANNUAL DAYS OF USE.—A condi16 tion that the training may be conducted on not more

17 than 90 days each year.

18 (e) PROCLAMATION OF OUTCOME.—Promptly after

19 the referendum is completed under this section, the Presi20 dent shall determine, and issue a proclamation declaring,

21 the outcome of the referendum. The President’s deter22 mination shall be final, and the outcome of the referendum

23 (as so determined) shall be binding.

24 (f) VIEQUES ELECTORATE DEFINED.—
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1 (1) REGISTERED VOTERS.—In this section, the

2 term ‘‘Vieques electorate’’, with respect to a ref3 erendum under this section, means the residents of

4 the island of Vieques, Puerto Rico, who, on both

5 dates specified in paragraph (2), are registered to

6 vote in a general election held for casting ballots for

7 the election of the Resident Commissioner of the

8 Commonwealth of Puerto Rico.

9 (2) REGISTRATION DATES.—The dates referred

10 to in paragraph (1) are as follows:

11 (A) November 7, 2000.

12 (B) The date that is 180 days before the

13 date of the referendum under this section.

14 SEC. 1504. ACTIONS IF TRAINING IS APPROVED.

15 (a) CONDITION FOR EFFECTIVENESS.—This section

16 shall take effect on the date on which the President issues

17 a proclamation under subsection (e) of section 1503 de18 claring that the continuation of the conduct of training

19 (including live-fire training) by the Armed Forces at the

20 Navy’s training sites on the island of Vieques, Puerto

21 Rico, under the conditions described in subsection (d) of

22 such section, has been approved in the referendum con23 ducted under such section.

24 (b) AUTHORIZATION OF APPROPRIATIONS FOR ADDI25 TIONAL ECONOMIC ASSISTANCE.—There is authorized to
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1 be appropriated to the President $50,000,000 to provide

2 economic assistance for the people and communities of the

3 island of Vieques. This authorization of appropriations is

4 in addition to the amount authorized to appropriated to

5 provide economic assistance under section 1501.

6 (c) TRAINING RANGE TO REMAIN OPEN.—The

7 Vieques Naval Training Range shall remain available for

8 the use of the Armed Forces, including for live-fire train9 ing.

10 SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED

11 OR MANDATE FOR REFERENDUM IS VITI12 ATED.

13 (a) CONDITIONS FOR EFFECTIVENESS.—This section

14 shall take effect on the date on which either of the fol15 lowing occurs:

16 (1) The President issues a proclamation under

17 subsection (e) of section 1503 declaring that the

18 continuation of the conduct of training (including

19 live-fire training) by the Armed Forces at the Navy’s

20 training sites on the island of Vieques, Puerto Rico,

21 under the conditions described in subsection (d) of

22 such section, has not been approved in the ref23 erendum conducted under such section.
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1 (2) The requirement for a referendum under

2 section 1503 ceases to be effective pursuant to sub3 section (a)(2) of such section.

4 (b) ACTIONS REQUIRED OF SECRETARY OF DE5 FENSE.—

6 (1) TERMINATION OF OPERATION.—Not later

7 than May 1, 2003, the Secretary of Defense shall—

8 (A) terminate all Navy and Marine Corps

9 training operations on the island of Vieques;

10 and

11 (B) terminate all Navy and Marine Corps

12 operations at Naval Station Roosevelt Roads,

13 Puerto Rico, that are related exclusively to the

14 use of the training range on the island of

15 Vieques by the Navy and the Marine Corps.

16 (2) RELOCATION OF UNITS.—The Secretary of

17 Defense may relocate the units of the Armed Forces

18 (other than those of the reserve components) and ac19 tivities of the Department of Defense (including

20 nonappropriated fund activities) at Fort Buchanan,

21 Puerto Rico, to Naval Station Roosevelt Roads,

22 Puerto Rico, to ensure maximum utilization of ca23 pacity.

24 (3) CLOSURE OF INSTALLATIONS AND FACILI25 TIES.—The Secretary of Defense shall close the De-
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1 partment of Defense installations and facilities on

2 the island of Vieques, other than properties exempt

3 from conveyance and transfer under section 1506.

4 (c) ACTIONS REQUIRED OF SECRETARY OF THE

5 NAVY.—The Secretary of the Navy shall transfer, without

6 reimbursement, to the administrative jurisdiction of the

7 Secretary of the Interior—

8 (1) the Live Impact Area on the island of

9 Vieques;

10 (2) all Department of Defense real properties

11 on the eastern side of the island that are identified

12 as conservation zones; and

13 (3) all other Department of Defense real prop14 erties on the eastern side of the island.

15 (d) ACTIONS REQUIRED OF SECRETARY OF THE IN16 TERIOR.—

17 (1) RETENTION AND ADMINISTRATION.—The

18 Secretary of the Interior shall retain, and may not

19 dispose of any of, the properties transferred under

20 paragraphs (2) and (3) of subsection (c) and shall

21 administer such properties as wildlife refuges under

22 the National Wildlife Refuge System Administration

23 Act of 1966 (16 U.S.C. 668dd et seq.) pending the

24 enactment of a law that addresses the disposition of

25 such properties.
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1 (2) RESPONSIBILITY FOR LIVE IMPACT

2 AREA.—Upon a termination of Navy and Marine

3 Corps training operations on the island of Vieques

4 under subsection (b)(1), the Secretary of the Inte5 rior shall assume responsibility for the administra6 tion of the Live Impact Area, administer that area

7 as a wilderness area under the Wilderness Act (16

8 U.S.C. 1131 et seq.), and deny public access to the

9 area.

10 (3) LIVE IMPACT AREA DEFINED.—In this sec11 tion, the term ‘‘Live Impact Area’’ means the parcel

12 of real property, consisting of approximately 900

13 acres (more or less), on the island of Vieques that

14 is designated by the Secretary of the Navy for tar15 geting by live ordnance in the training of forces of

16 the Navy and Marine Corps.

17 (e) GAO REVIEW.—

18 (1) REQUIREMENT FOR REVIEW.—The Comp19 troller General shall review the requirement for the

20 continued use of Fort Buchanan, Puerto Rico, by

21 active Army forces and shall submit to the congres22 sional defense committees a report containing—

23 (A) the findings resulting from the review;

24 and
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1 (B) recommendations regarding the closure

2 of Fort Buchanan and the consolidation of

3 units of the Armed Forces to Naval Station

4 Roosevelt Roads, Puerto Rico.

5 (2) TIME FOR SUBMITTAL OF REPORT.—The

6 Comptroller General shall submit the report under

7 paragraph (1) not later than one year after the date

8 on which the referendum under section 1503 is con9 ducted or one year after the date on which a certifi10 cation is submitted to the congressional defense

11 committees under subsection (a)(2) of such section,

12 as the case may be.

13 SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEY14 ANCE OR TRANSFER.

15 (a) EXEMPT PROPERTY.—The Department of De16 fense properties and property interests described in sub17 section (b) may not be conveyed or transferred out of the

18 Department of Defense under this title.

19 (b) PROPERTIES DESCRIBED.—The exemption under

20 subsection (a) applies to the following Department of De21 fense properties and property interests on the island of

22 Vieques, Puerto Rico:

23 (1) ROTHR SITE.—The site for relocatable

24 over-the-horizon radar.
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1 (2) TELECOMMUNICATIONS SITES.—The Mount

2 Pirata telecommunications sites.

3 (3) ASSOCIATED INTERESTS.—Any easements,

4 rights-of-way, and other interests in property that

5 the Secretary of the Navy determines necessary

6 for—

7 (A) ensuring access to the properties re8 ferred to in paragraphs (1) and (2);

9 (B) providing utilities for such properties;

10 (C) ensuring the security of such prop11 erties; and

12 (D) ensuring effective maintenance and op13 erations on such properties.

14 (4) REMEDIATION ACTIVITIES.—Any ease15 ments, rights-of-way, and other interests in property

16 that the Secretary of the Navy determines necessary

17 for protecting human health and the environment in

18 the discharge of the Secretary’s responsibilities for

19 environmental remediation under section 1502(c),

20 until such time as these responsibilities are com21 pleted.

22 SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BU23 CHANAN.

24 (a) IN GENERAL.—Except as provided in subsection

25 (b), no acquisition, construction, conversion, rehabilita-
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1 tion, extension, or improvement of any facility at Fort Bu2 chanan, Puerto Rico, may be initiated or continued on or

3 after the date of the enactment of this Act.

4 (b) EXCEPTIONS.—The prohibition in subsection (a)

5 does not apply to the following:

6 (1) Actions necessary to maintain the existing

7 facilities (including utilities) at Fort Buchanan.

8 (2) The construction of reserve component and

9 nonappropriated fund facilities authorized before the

10 date of the enactment of this Act.

11 (c) TERMINATION.—This section shall cease to be ef12 fective upon the issuance of a proclamation described in

13 section 1504(a) or the enactment of a law, after the date

14 of the enactment of this Act, that authorizes any acquisi15 tion, construction, conversion, rehabilitation, extension, or

16 improvement of any facility at Fort Buchanan, Puerto

17 Rico.

18 SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVA19 TION ZONES.

20 (a) TRANSFER TO SECRETARY OF THE INTERIOR.—

21 (1) TRANSFER REQUIRED.—Except as provided

22 in section 1506, the Secretary of the Navy shall

23 transfer, without reimbursement, to the administra24 tive jurisdiction of the Secretary of the Interior all

25 Department of Defense real properties on the west-
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1 ern end of the Vieques Island, consisting of a total

2 of approximately 3,100 acres, that are designated as

3 Conservation Zones in section IV of the 1983 Memo4 randum of Understanding between the Common5 wealth of Puerto Rico and the Secretary of the

6 Navy.

7 (2) TIME FOR TRANSFER.—The Secretary of

8 the Navy shall complete the transfer required by

9 paragraph (1) not later than May 1, 2001.

10 (b) CONVEYANCE TO CONSERVATION TRUST.—

11 (1) CONVEYANCE REQUIRED.—Except as pro12 vided in section 1506 and subject to paragraph (2),

13 the Secretary of the Navy shall convey, without con14 sideration, to the Puerto Rico Conservation Trust

15 the additional Conservation Zones, consisting of a

16 total of approximately 800 acres, identified in Alter17 native 1 in the Draft Environmental Assessment for

18 the proposed transfer of Naval Ammunition Support

19 Detachment property, Vieques, Puerto Rico, pre20 pared by the Department of the Navy, as described

21 in the Federal Register of August 28, 2000 (65 Fed.

22 Reg. 52100).

23 (2) TIME FOR CONVEYANCE.—The Secretary of

24 the Navy shall complete the conveyance required by

25 paragraph (1) not later than May 1, 2001, except
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1 that paragraph (1) shall apply only to those portions

2 of the lands described in such paragraph that the

3 Commonwealth of Puerto Rico, the Secretary of the

4 Interior, and the Puerto Rico Conservation Trust

5 mutually agree, before that date, to—

6 (A) include in the cooperative agreement

7 under subsection (d)(2); and

8 (B) manage under standards consistent

9 with the standards in subsection (c) applicable

10 to the lands transferred under subsection (a).

11 (c) ADMINISTRATION OF PROPERTIES AS WILDLIFE

12 REFUGES.—The Secretary of the Interior shall administer

13 as wildlife refuges under the National Wildlife Refuge Sys14 tem Administration Act of 1966 (16 U.S.C. 668dd et seq.)

15 the Conservation Zones transferred to the Secretary under

16 subsection (a).

17 (d) COOPERATIVE AGREEMENT.—

18 (1) REQUIRED; PARTIES.—The Secretary of the

19 Interior shall manage the Conservation Zones trans20 ferred under subsection (a) pursuant to a coopera21 tive agreement among the Commonwealth of Puerto

22 Rico, the Puerto Rico Conservation Trust, and the

23 Secretary of the Interior.

24 (2) INCLUSION OF ADJACENT AREAS.—Areas

25 adjacent to the Conservation Zones transferred
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1 under subsection (a) shall be considered for inclusion

2 under the cooperative agreement. Subject to the mu3 tual agreement of the Commonwealth of Puerto

4 Rico, the Secretary of the Interior, and the Puerto

5 Rico Conservation Trust, such adjacent areas may

6 be included under the cooperative agreement, except

7 that the total acreage so included under this para8 graph may not exceed 800 acres. This determination

9 of inclusion of lands shall be incorporated into the

10 cooperative agreement process as set forth in para11 graph (4).

12 (3) SEA GRASS AREA.—The Sea Grass Area

13 west of Mosquito Pier, as identified in the 1983

14 Memorandum of Understanding between the Com15 monwealth of Puerto Rico and the Secretary of the

16 Navy, shall be included in the cooperative agreement

17 to be protected under the laws of the United States

18 and the laws of the Commonwealth of Puerto Rico.

19 (4) MANAGEMENT PURPOSES.—All lands cov20 ered by the cooperative agreement shall be managed

21 to protect and preserve the natural resources of the

22 lands in perpetuity. The Commonwealth of Puerto

23 Rico, the Puerto Rico Conservation Trust, and the

24 Secretary of the Interior shall follow all applicable

25 Federal environmental laws during the creation and
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1 any subsequent amendment of the cooperative agree2 ment, including the National Environmental Policy

3 Act of 1969 (42 U.S.C. 4321 et seq.), the Endan4 gered Species Act of 1973 (16 U.S.C. 1531 et seq.),

5 and the National Historic Preservation Act (16

6 U.S.C. 470 et seq.).

7 (5) COMPLETION AND IMPLEMENTATION.—The

8 cooperative agreement shall be completed not later

9 than May 1, 2001. The Secretary of the Interior

10 shall implement the terms and conditions of the co11 operative agreement, which can only be amended by

12 agreement of the Commonwealth of Puerto Rico, the

13 Puerto Rico Conservation Trust, and the Secretary

14 of the Interior.

15 TITLE XVI—GI BILL EDU16 CATIONAL ASSISTANCE AND

17 VETERANS CLAIMS ASSIST18 ANCE

Subtitle A—Veterans Education Benefits

Sec. 1601. Additional opportunity for certain VEAP participants to enroll in

basic educational assistance under Montgomery GI Bill.

Sec. 1602. Modification of authority to pay tuition for off-duty training and

education.

Subtitle B—Veterans Claims Assistance

Sec. 1611. Clarification of Department of Veterans Affairs duty to assist.
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1 Subtitle A—Veterans Education

2 Benefits

3 SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP

4 PARTICIPANTS TO ENROLL IN BASIC EDU5 CATIONAL ASSISTANCE UNDER MONT6 GOMERY GI BILL.

7 (a) SPECIAL ENROLLMENT PERIOD.—Section 3018C

8 of title 38, United States Code, is amended by adding at

9 the end the following new subsection:

10 ‘‘(e)(1) A qualified individual (described in paragraph

11 (2)) may make an irrevocable election under this sub12 section, during the one-year period beginning on the date

13 of the enactment of this subsection, to become entitled to

14 basic educational assistance under this chapter. Such an

15 election shall be made in the same manner as elections

16 made under subsection (a)(5).

17 ‘‘(2) A qualified individual referred to in paragraph

18 (1) is an individual who meets each of the following re19 quirements:

20 ‘‘(A) The individual was a participant in the

21 educational benefits program under chapter 32 of

22 this title on or before October 9, 1996.

23 ‘‘(B) The individual has continuously served on

24 active duty since October 9, 1996 (excluding the pe-
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1 riods referred to in section 3202(1)(C) of this title),

2 through at least April, 1, 2000.

3 ‘‘(C) The individual meets the requirements of

4 subsection (a)(3).

5 ‘‘(D) The individual, when discharged or re6 leased from active duty, is discharged or released

7 therefrom with an honorable discharge.

8 ‘‘(3)(A) Subject to the succeeding provisions of this

9 paragraph, with respect to a qualified individual who

10 makes an election under paragraph (1) to become entitled

11 to basic education assistance under this chapter—

12 ‘‘(i) the basic pay of the qualified individual

13 shall be reduced (in a manner determined by the

14 Secretary concerned) until the total amount by

15 which such basic pay is reduced is $2,700; and

16 ‘‘(ii) to the extent that basic pay is not so re17 duced before the qualified individual’s discharge or

18 release from active duty as specified in subsection

19 (a)(4), at the election of the qualified individual—

20 ‘‘(I) the Secretary concerned shall collect

21 from the qualified individual, or

22 ‘‘(II) the Secretary concerned shall reduce

23 the retired or retainer pay of the qualified indi24 vidual by,
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1 an amount equal to the difference between $2,700

2 and the total amount of reductions under clause (i),

3 which shall be paid into the Treasury of the United

4 States as miscellaneous receipts.

5 ‘‘(B)(i) The Secretary concerned shall provide for an

6 18-month period, beginning on the date the qualified indi7 vidual makes an election under paragraph (1), for the

8 qualified individual to pay that Secretary the amount due

9 under subparagraph (A).

10 ‘‘(ii) Nothing in clause (i) shall be construed as modi11 fying the period of eligibility for and entitlement to basic

12 education assistance under this chapter applicable under

13 section 3031 of this title.

14 ‘‘(C) The provisions of subsection (c) shall apply to

15 individuals making elections under this subsection in the

16 same manner as they applied to individuals making elec17 tions under subsection (a)(5).

18 ‘‘(4) With respect to qualified individuals referred to

19 in paragraph (3)(A)(ii), no amount of educational assist20 ance allowance under this chapter shall be paid to the

21 qualified individual until the earlier of the date on which—

22 ‘‘(A) the Secretary concerned collects the appli23 cable amount under subparagraph (I) of such para24 graph, or
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1 ‘‘(B) the retired or retainer pay of the qualified

2 individual is first reduced under subparagraph (II)

3 of such paragraph.

4 ‘‘(5) The Secretary, in conjunction with the Secretary

5 of Defense, shall provide for notice to participants in the

6 educational benefits program under chapter 32 of this title

7 of the opportunity under this section to elect to become

8 entitled to basic educational assistance under this chap9 ter.’’.

10 (b) CONFORMING AMENDMENT.—Section 3018C(b)

11 of such title is amended by striking ‘‘subsection (a)’’ and

12 inserting ‘‘subsection (a) or (e)’’.

13 SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION

14 FOR OFF-DUTY TRAINING AND EDUCATION.

15 (a) AUTHORITY TO PAY ALL CHARGES.—Section

16 2007 of title 10, United States Code, is amended—

17 (1) by striking subsections (a) and (b) and in18 serting the following new subsections:

19 ‘‘(a) Subject to subsection (b), the Secretary of a

20 military department may pay all or a portion of the

21 charges of an educational institution for the tuition or ex22 penses of a member of the armed forces enrolled in such

23 educational institution for education or training during

24 the member’s off-duty periods.
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1 ‘‘(b) In the case of a commissioned officer on active

2 duty, the Secretary of the military department concerned

3 may not pay charges under subsection (a) unless the offi4 cer agrees to remain on active duty for a period of at least

5 two years after the completion of the training or education

6 for which the charges are paid.’’; and

7 (2) in subsection (d)—

8 (A) by striking ‘‘(within the limits set forth

9 in subsection (a))’’ in the matter preceding

10 paragraph (1); and

11 (B) in paragraph (3), by striking ‘‘sub12 section (a)(3)’’ and inserting ‘‘subsection (b)’’.

13 (b) USE OF ENTITLEMENT TO ASSISTANCE UNDER

14 MONTGOMERY GI BILL FOR PAYMENT OF CHARGES.—(1)

15 That section is further amended by adding at the end the

16 following new subsection:

17 ‘‘(e)(1) A member of the armed forces who is entitled

18 to basic educational assistance under chapter 30 of title

19 38 may use such entitlement for purposes of paying any

20 portion of the charges described in subsection (a) or (c)

21 that are not paid for by the Secretary of the military de22 partment concerned under such subsection.

23 ‘‘(2) The use of entitlement under paragraph (1)

24 shall be governed by the provisions of section 3014(b) of

25 title 38.’’.
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1 (2) Section 3014 of title 38, United States Code, is

2 amended—

3 (A) by inserting ‘‘(a)’’ before ‘‘The Secretary’’;

4 and

5 (B) by adding at the end the following new sub6 section:

7 ‘‘(b)(1) In the case of an individual entitled to basic

8 educational assistance who is pursuing education or train9 ing described in subsection (a) or (c) of section 2007 of

10 title 10, the Secretary shall, at the election of the indi11 vidual, pay the individual a basic educational assistance

12 allowance to meet all or a portion of the charges of the

13 educational institution for the education or training that

14 are not paid by the Secretary of the military department

15 concerned under such subsection.

16 ‘‘(2)(A) The amount of the basic educational assist17 ance allowance payable to an individual under this sub18 section for a month shall be the amount of the basic edu19 cational assistance allowance to which the individual would

20 be entitled for the month under section 3015 of this title

21 (without regard to subsection (g) of that section) were

22 payment made under that section instead of under this

23 subsection.
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1 ‘‘(B) The maximum number of months for which an

2 individual may be paid a basic educational assistance al3 lowance under paragraph (1) is 36.’’.

4 (3) Section 3015 of title 38, United States Code, is

5 amended—

6 (A) by striking ‘‘subsection (g)’’ each place it

7 appears in subsections (a) and (b);

8 (B) by redesignating subsection (g) as sub9 section (h); and

10 (C) by inserting after subsection (f) the fol11 lowing new subsection (g):

12 ‘‘(g) In the case of an individual who has been paid

13 a basic educational assistance allowance under section

14 3014(b) of this title, the rate of the basic educational as15 sistance allowance applicable to the individual under this

16 section shall be the rate otherwise applicable to the indi17 vidual under this section reduced by an amount equal to—

18 ‘‘(1) the aggregate amount of such allowances

19 paid the individual under such section 3014(b); di20 vided by

21 ‘‘(2) 36.’’.
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1 Subtitle B—Veterans Claims

2 Assistance

3 SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS

4 AFFAIRS DUTY TO ASSIST.

5 (a) IN GENERAL.—Section 5107 of title 38, United

6 States Code, is amended to read as follows:

7 ‘‘§ 5107 Assistance to claimants; benefit of the doubt;

8 burden of proof

9 ‘‘(a) The Secretary shall assist a claimant in devel10 oping all facts pertinent to a claim for benefits under this

11 title. Such assistance shall include requesting information

12 as described in section 5106 of this title. The Secretary

13 shall provide a medical examination when such examina14 tion may substantiate entitlement to the benefits sought.

15 The Secretary may decide a claim without providing as16 sistance under this subsection when no reasonable possi17 bility exists that such assistance will aid in the establish18 ment of entitlement.

19 ‘‘(b) The Secretary shall consider all evidence and

20 material of record in a case before the Department with

21 respect to benefits under laws administered by the Sec22 retary and shall give the claimant the benefit of the doubt

23 when there is an approximate balance of positive and neg24 ative evidence regarding any issue material to the deter25 mination of the matter.
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1 ‘‘(c) Except when otherwise provided by this title or

2 by the Secretary in accordance with the provisions of this

3 title, a person who submits a claim for benefits under a

4 law administered by the Secretary shall have the burden

5 of proof.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 51 of that title is amended

8 by striking the item relating to section 5017 and inserting

9 the following new item:

‘‘5107 Assistance to claimants; benefit of the doubt; burden of proof.’’.

10 TITLE XVII—ASSISTANCE TO

11 FIREFIGHTERS

Sec. 1701. Firefighter assistance.

Sec. 1702. Volunteer fire assistance program.

Sec. 1703. Burn research.

Sec. 1704. Study and demonstration projects regarding cases of hepatitis C

among certain emergency response employees.

Sec. 1705. Report on progress on spectrum sharing.

Sec. 1706. Sale or donation of excess defense property to assist firefighting

agencies.

Sec. 1707. Identification of defense technologies suitable for use, or conversion

for use, in providing fire and emergency medical services.

12 SEC. 1701. FIREFIGHTER ASSISTANCE.

13 (a) IN GENERAL.—The Federal Fire Prevention and

14 Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended

15 by adding at the end the following new section:

16 ‘‘SEC. 33. FIREFIGHTER ASSISTANCE.

17 ‘‘(a) DEFINITION OF FIREFIGHTING PERSONNEL.—

18 In this section, the term ‘firefighting personnel’ means in19 dividuals, including volunteers, who are firefighters, offi-
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1 cers of fire departments, or emergency medical service per2 sonnel of fire departments.

3 ‘‘(b) ASSISTANCE PROGRAM.—

4 ‘‘(1) AUTHORITY.—In accordance with this sec5 tion, the Director may—

6 ‘‘(A) make grants on a competitive basis

7 directly to fire departments of a State, in con8 sultation with the chief executive of the State,

9 for the purpose of protecting the health and

10 safety of the public and firefighting personnel

11 against fire and fire-related hazards; and

12 ‘‘(B) provide assistance for fire prevention

13 programs in accordance with paragraph (4).

14 ‘‘(2) OFFICE FOR ADMINISTRATION OF ASSIST15 ANCE.—

16 ‘‘(A) ESTABLISHMENT.—Before providing

17 assistance under paragraph (1), the Director

18 shall establish an office in the Federal Emer19 gency Management Agency to administer the

20 assistance under this section.

21 ‘‘(B) INCLUDED DUTIES.—The duties of

22 the office shall include the following:

23 ‘‘(i) RECIPIENT SELECTION CRI24 TERIA.—To establish specific criteria for
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1 the selection of recipients of the assistance

2 under this section.

3 ‘‘(ii) GRANT-WRITING ASSISTANCE.—

4 To provide grant-writing assistance to ap5 plicants.

6 ‘‘(3) USE OF FIRE DEPARTMENT GRANT

7 FUNDS.—The Director may make a grant under

8 paragraph (1)(A) only if the applicant for the grant

9 agrees to use the grant funds—

10 ‘‘(A) to hire additional firefighting per11 sonnel;

12 ‘‘(B) to train firefighting personnel in fire13 fighting, emergency response, arson prevention

14 and detection, or the handling of hazardous ma15 terials, or to train firefighting personnel to pro16 vide any of the training described in this sub17 paragraph;

18 ‘‘(C) to fund the creation of rapid interven19 tion teams to protect firefighting personnel at

20 the scenes of fires and other emergencies;

21 ‘‘(D) to certify fire inspectors;

22 ‘‘(E) to establish wellness and fitness pro23 grams for firefighting personnel to ensure that

24 the firefighting personnel can carry out their

25 duties;
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1 ‘‘(F) to fund emergency medical services

2 provided by fire departments;

3 ‘‘(G) to acquire additional firefighting vehi4 cles, including fire trucks;

5 ‘‘(H) to acquire additional firefighting

6 equipment, including equipment for communica7 tions and monitoring;

8 ‘‘(I) to acquire personal protective equip9 ment required for firefighting personnel by the

10 Occupational Safety and Health Administra11 tion, and other personal protective equipment

12 for firefighting personnel;

13 ‘‘(J) to modify fire stations, fire training

14 facilities, and other facilities to protect the

15 health and safety of firefighting personnel;

16 ‘‘(K) to enforce fire codes;

17 ‘‘(L) to fund fire prevention programs;

18 ‘‘(M) to educate the public about arson

19 prevention and detection; or

20 ‘‘(N) to provide incentives for the recruit21 ment and retention of volunteer firefighting

22 personnel for volunteer firefighting departments

23 and other firefighting departments that utilize

24 volunteers.

25 ‘‘(4) FIRE PREVENTION PROGRAMS.—
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1 ‘‘(A) IN GENERAL.—For each fiscal year,

2 the Director shall use not less than 5 percent

3 of the funds made available under subsection

4 (e)—

5 ‘‘(i) to make grants to fire depart6 ments for the purpose described in para7 graph (3)(L); and

8 ‘‘(ii) to make grants to, or enter into

9 contracts or cooperative agreements with,

10 national, State, local, or community orga11 nizations that are recognized for their ex12 perience and expertise with respect to fire

13 prevention or fire safety programs and ac14 tivities, for the purpose of carrying out fire

15 prevention programs.

16 ‘‘(B) PRIORITY.—In selecting organiza17 tions described in subparagraph (A)(ii) to re18 ceive assistance under this paragraph, the Di19 rector shall give priority to organizations that

20 focus on prevention of injuries to children from

21 fire.

22 ‘‘(5) APPLICATION.—The Director may provide

23 assistance to a fire department or organization

24 under this subsection only if the fire department or

25 organization seeking the assistance submits to the
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1 Director an application that meets the following re2 quirements:

3 ‘‘(A) FORM.—The application shall be in

4 such form as the Director may require.

5 ‘‘(B) INFORMATION.—The application shall

6 include the following information:

7 ‘‘(i) FINANCIAL NEED.—Information

8 that demonstrates the financial need of the

9 applicant for the assistance for which ap10 plied.

11 ‘‘(ii) COST-BENEFIT ANALYSIS.—An

12 analysis of the costs and benefits, with re13 spect to public safety, of the use of the as14 sistance.

15 ‘‘(iii) REPORTING SYSTEMS DATA.—

16 An agreement to provide information to

17 the national fire incident reporting system

18 for the period covered by the assistance.

19 ‘‘(iv) OTHER INFORMATION.—Any

20 other information that the Director may

21 require.

22 ‘‘(6) MATCHING REQUIREMENT.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Director may provide assistance

25 under this subsection only if the applicant for
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1 the assistance agrees to match with an equal

2 amount of non-Federal funds 30 percent of the

3 assistance received under this subsection for

4 any fiscal year.

5 ‘‘(B) REQUIREMENT FOR SMALL COMMU6 NITY ORGANIZATIONS.—In the case of an appli7 cant whose personnel serve jurisdictions of

8 50,000 or fewer residents, the percent applied

9 under the matching requirement of subpara10 graph (A) shall be 10 percent.

11 ‘‘(7) MAINTENANCE OF EXPENDITURES—The

12 Director may provide assistance under this sub13 section only if the applicant for the assistance agrees

14 to maintain in the fiscal year for which the assist15 ance will be received the applicant’s aggregate ex16 penditures for the uses described in paragraph (3)

17 or (4) at or above the average level of such expendi18 tures in the two fiscal years preceding the fiscal year

19 for which the assistance will be received.

20 ‘‘(8) REPORT TO THE DIRECTOR.—The Direc21 tor may provide assistance under this subsection

22 only if the applicant for the assistance agrees to sub23 mit to the Director a report, including a description

24 of how the assistance was used, with respect to each

25 fiscal year for which the assistance was received.
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1 ‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT

2 RECIPIENTS.—The Director shall ensure that grants

3 under paragraph (1)(A) for a fiscal year are made

4 to a variety of fire departments, including, to the ex5 tent that there are eligible applicants—

6 ‘‘(A) paid, volunteer, and combination fire

7 departments;

8 ‘‘(B) fire departments located in commu9 nities of varying sizes; and

10 ‘‘(C) fire departments located in urban,

11 suburban, and rural communities.

12 ‘‘(10) GRANT LIMITATIONS.—

13 ‘‘(A) RECIPIENT LIMITATION.—A grant re14 cipient under this section may not receive more

15 than $750,000 under this section for any fiscal

16 year.

17 ‘‘(B) LIMITATION ON EXPENDITURES FOR

18 FIREFIGHTING VEHICLES.—Not more than 25

19 percent of the funds appropriated to provide

20 grants under this section for a fiscal year may

21 be used to assist grant recipients to purchase

22 vehicles, as authorized by paragraph (3)(G).

23 ‘‘(11) RESERVATION OF GRANT FUNDS FOR

24 VOLUNTEER DEPARTMENTS.—In making grants to

25 firefighting departments, the Director shall ensure
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1 that those firefighting departments that have either

2 all-volunteer forces of firefighting personnel or com3 bined forces of volunteer and professional fire4 fighting personnel receive a proportion of the total

5 grant funding that is not less than the proportion of

6 the United States population that those firefighting

7 departments protect.

8 ‘‘(c) AUDITS.—A recipient of a grant under this sec9 tion shall be subject to audits to ensure that the grant

10 proceeds are expended for the intended purposes and that

11 the grant recipient complies with the requirements of

12 paragraphs (6) and (7) of subsection (b).

13 ‘‘(d) STATE DEFINED.—In this section, the term

14 ‘State’ includes the District of Columbia and the Common15 wealth of Puerto Rico.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated for the purposes of this

18 section amounts as follows:

19 ‘‘(1) $100,000,000 for fiscal year 2001.

20 ‘‘(2) $300,000,000 for fiscal year 2002.’’.

21 (b) STUDY ON NEED FOR FEDERAL ASSISTANCE TO

22 STATE AND LOCAL COMMUNITIES TO FUND FIRE23 FIGHTING AND EMERGENCY RESPONSE ACTIVITIES.—

24 (1) REQUIREMENT FOR STUDY.—The Director

25 of the Federal Emergency Management Agency shall
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1 conduct a study in conjunction with the National

2 Fire Protection Association to—

3 (A) define the current role and activities

4 associated with the fire services;

5 (B) determine the adequacy of current lev6 els of funding; and

7 (C) provide a needs assessment to identify

8 shortfalls.

9 (2) TIME FOR COMPLETION OF STUDY; RE10 PORT.—The Director shall complete the study under

11 paragraph (1), and submit a report on the results of

12 the study to Congress, within 18 months after the

13 date of the enactment of this Act.

14 (3) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to the Fed16 eral Emergency Management Agency $300,000 for

17 fiscal year 2001 to carry out the study required by

18 paragraph (1).

19 SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.

20 (a) IN GENERAL.—There are authorized to be appro21 priated to the Secretary of Agriculture for carrying out

22 paragraphs (1) through (3) of section 10(b) of the Cooper23 ative Forestry Assistance Act of 1978 (16 U.S.C.

24 2106(b)(1)-(3)) amounts as follows:

25 (1) $10,000,000 for fiscal year 2001.
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1 (2) $20,000,000 for fiscal year 2002.

2 (b) REPORT.—

3 (1) IN GENERAL.—The Secretary of Agriculture

4 shall submit a report to Congress on the results of

5 the assistance provided under the provisions of law

6 for which funds are authorized for appropriations

7 under subsection (a).

8 (2) CONTENT.—The report shall contain the

9 following:

10 (A) A list of the organizations that re11 ceived funds authorized for appropriations

12 under subsection (a) and the purpose for which

13 those organizations were provided the funds.

14 (B) Efforts taken to ensure that potential

15 recipients are provided with information nec16 essary to develop an effective application.

17 (C) The Secretary’s assessment regarding

18 the appropriate level of funding that should be

19 provided annually through the assistance pro20 gram.

21 (D) The Secretary’s assessment regarding

22 the appropriate purposes for such assistance.

23 (E) Any other information the Secretary

24 determines necessary.
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1 (3) SUBMISSION DATE.—The report shall be

2 submitted not later than February 1, 2002.

3 SEC. 1703. BURN RESEARCH.

4 (a) OFFICE.—The Director of the Federal Emer5 gency Management Agency shall establish an office in the

6 Agency to establish specific criteria of grant recipients and

7 to administer grants under this section.

8 (b) SAFETY ORGANIZATION GRANTS.—The Director

9 may make grants, on a competitive basis, to safety organi10 zations that have experience in conducting burn safety

11 programs for the purpose of assisting those organizations

12 in conducting burn prevention programs or augmenting

13 existing burn prevention programs.

14 (c) HOSPITAL GRANTS.—The Director may make

15 grants, on a competitive basis, to hospitals that serve as

16 regional burn centers to conduct acute burn care research.

17 (d) OTHER GRANTS.—The Director may make

18 grants, on a competitive basis, to governmental and non19 governmental entities to provide after-burn treatment and

20 counseling to individuals that are burn victims.

21 (e) REPORT.—

22 (1) IN GENERAL.—The Director of the Federal

23 Emergency Management Agency shall submit a re24 port to the Committee on Commerce, Science, and

25 Transportation of the Senate and the Committee on
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1 Transportation and Infrastructure of the House of

2 Representatives on the results of the grants provided

3 under this section.

4 (2) CONTENT.—The report shall contain the

5 following:

6 (A) A list of the organizations, hospitals,

7 or other entities to which the grants were pro8 vided and the purpose for which those entities

9 were provided grants.

10 (B) Efforts taken to ensure that potential

11 grant applicants are provided with information

12 necessary to develop an effective application.

13 (C) The Director’s assessment regarding

14 the appropriate level of funding that should be

15 provided annually through the grant program.

16 (D) The Director’s assessment regarding

17 the appropriate purposes for such grants.

18 (E) Any other information the Director de19 termines necessary.

20 (3) SUBMISSION DATE.—The report shall be

21 submitted not later than February 1, 2002.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated for the purposes of this

24 section amounts as follows:

25 (1) $10,000,000 for fiscal year 2001.
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1 (2) $20,000,000 for fiscal year 2002.

2 SEC. 1704. STUDY AND DEMONSTRATION PROJECTS RE3 GARDING CASES OF HEPATITIS C AMONG

4 CERTAIN EMERGENCY RESPONSE EMPLOY5 EES.

6 (a) STUDY REGARDING PREVALENCE AMONG CER7 TAIN EMERGENCY RESPONSE EMPLOYEES.—

8 (1) IN GENERAL.—The Secretary of Health and

9 Human Services (referred to in this section as the

10 ‘‘Secretary’’), in consultation with the Secretary of

11 Labor, shall conduct a study to determine—

12 (A) an estimate of the prevalence of hepa13 titis C among designated emergency response

14 employees in the United States; and

15 (B) the likely means through which such

16 employees become infected with such disease in

17 the course of performing their duties as such

18 employees.

19 (2) DESIGNATED EMERGENCY RESPONSE EM20 PLOYEES.—For purposes of this section, the term

21 ‘‘designated emergency response employees’’ means

22 firefighters, paramedics, and emergency medical

23 technicians who are employees or volunteers of units

24 of local government.
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1 (3) DATE CERTAIN FOR COMPLETION; REPORT

2 TO CONGRESS.—The Secretary shall commence the

3 study under paragraph (1) not later than 90 days

4 after the date of the enactment of this Act. Not later

5 that one year after such date, the Secretary shall

6 complete the study and submit to the Congress a re7 port describing the findings of the study.

8 (b) DEMONSTRATION PROJECTS REGARDING TRAIN9 ING AND TREATMENT.—

10 (1) IN GENERAL.—The Secretary, in consulta11 tion with the Secretary of Labor, shall make grants

12 to qualifying local governments for the purpose of

13 carrying out demonstration projects that (directly or

14 through arrangements with nonprofit private enti15 ties) carry out each of the following activities:

16 (A) Training designated emergency re17 sponse employees in minimizing the risk of in18 fection with hepatitis C in performing their du19 ties as such employees.

20 (B) Testing such employees for infection

21 with the disease.

22 (C) Treating the employees for the disease.

23 (2) QUALIFYING LOCAL GOVERNMENTS.—For

24 purposes of this section, the term ‘‘qualifying local

25 government’’ means a unit of local government
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1 whose population of designated emergency response

2 employees has a prevalence of hepatitis C that is not

3 less than 200 percent of the national average for the

4 prevalence of such disease in such populations.

5 (3) CONFIDENTIALITY.—A grant may be made

6 under paragraph (1) only if the qualifying local gov7 ernment involved agrees to ensure that information

8 regarding the testing or treatment of designated

9 emergency response employees pursuant to the grant

10 is maintained confidentially in a manner not incon11 sistent with applicable law.

12 (4) EVALUATIONS.—The Secretary shall pro13 vide for an evaluation of each demonstration project

14 under paragraph (1) in order to determine the ex15 tent to which the project has been effective in carry

16 out the activities described in such paragraph.

17 (5) REPORT TO CONGRESS.—Not later than

18 180 days after the date on which all grants under

19 paragraph (1) have been expended, the Secretary

20 shall submit to Congress a report providing—

21 (A) a summary of evaluations under para22 graph (4); and

23 (B) the recommendations of the Secretary

24 for administrative or legislative initiatives re-
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1 garding the activities described in paragraph

2 (1).

3 (c) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there is authorized

5 to be appropriated to the Department of Health and

6 Human Services and the Department of Labor

7 $10,000,000 for fiscal year 2001.

8 SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.

9 (a) STUDY REQUIRED.—The Secretary of Defense, in

10 consultation with the Attorney General and the Secretary

11 of Commerce, shall provide for the conduct of an engineer12 ing study to identify—

13 (1) any portion of the 138-144 megahertz band

14 that the Department of Defense can share in various

15 geographic regions with public safety radio services;

16 (2) any measures required to prevent harmful

17 interference between Department of Defense systems

18 and the public safety systems proposed for operation

19 on those frequencies; and

20 (3) a reasonable schedule for implementation of

21 such sharing of frequencies.

22 (b) SUBMISSION OF INTERIM REPORT.—Within one

23 year after the date of enactment of this Act, the Secretary

24 of Defense shall submit to the Committee on Armed Serv25 ices of the Senate and the Committee on Armed Services
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1 of the House of Representatives an interim report on the

2 progress of the study conducted pursuant to subsection

3 (a).

4 (c) REPORT.—Not later than January 1, 2002, the

5 Secretary of Commerce and the Chairman of the Federal

6 Communications Commission shall jointly submit a report

7 to Congress on alternative frequencies available for use by

8 public safety systems.

9 SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROP10 ERTY TO ASSIST FIREFIGHTING AGENCIES.

11 (a) TRANSFER AUTHORIZED.—Chapter 153 of title

12 10, United States Code, is amended by inserting after sec13 tion 2576a the following new section:

14 ‘‘§ 2576b. Excess personal property: sale or donation

15 to assist firefighting agencies

16 ‘‘(a) TRANSFER AUTHORIZED.—Subject to sub17 section (b), the Secretary of Defense may transfer to a

18 firefighting agency in a State any personal property of the

19 Department of Defense that the Secretary determines is—

20 ‘‘(1) excess to the needs of the Department of

21 Defense; and

22 ‘‘(2) suitable for use in providing fire and emer23 gency medical services, including personal protective

24 equipment and equipment for communication and

25 monitoring.
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1 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of

2 Defense may transfer personal property under this section

3 only if—

4 ‘‘(1) the property is drawn from existing stocks

5 of the Department of Defense;

6 ‘‘(2) the recipient firefighting agency accepts

7 the property on an as-is, where-is basis;

8 ‘‘(3) the transfer is made without the expendi9 ture of any funds available to the Department of

10 Defense for the procurement of defense equipment;

11 and

12 ‘‘(4) all costs incurred subsequent to the trans13 fer of the property are borne or reimbursed by the

14 recipient.

15 ‘‘(c) CONSIDERATION.—Subject to subsection (b)(4),

16 the Secretary may transfer personal property under this

17 section without charge to the recipient firefighting agency.

18 ‘‘(d) DEFINITIONS.—In this section:

19 ‘‘(1) STATE.—The term ‘State’ includes the

20 District of Columbia, the Commonwealth of Puerto

21 Rico, the Commonwealth of the Northern Mariana

22 Islands, and any territory or possession of the

23 United States.

24 ‘‘(2) FIREFIGHTING AGENCY.—The term ‘fire25 fighting agency’ means any volunteer, paid, or com-
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1 bined departments that provide fire and emergency

2 medical services.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 2576a the following new

6 item:

‘‘2576b. Excess personal property: sale or donation to assist firefighting agencies.’’.

7 SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES

8 SUITABLE FOR USE, OR CONVERSION FOR

9 USE, IN PROVIDING FIRE AND EMERGENCY

10 MEDICAL SERVICES.

11 (a) APPOINTMENT OF TASK FORCE; PURPOSE.—The

12 Secretary of Defense shall appoint a task force consisting

13 of representatives from the Department of Defense and

14 each of the seven major fire organizations identified in

15 subsection (b) to identify defense technologies and equip16 ment that—

17 (1) can be readily put to civilian use by fire

18 service and the emergency response agencies; and

19 (2) can be transferred to these agencies using

20 the authority provided by section 2576b of title 10,

21 United States Code, as added by section 1706 of

22 this Act.
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1 (b) PARTICIPATING MAJOR FIRE ORGANIZATIONS.—

2 Members of the task force shall be appointed from each

3 of the following:

4 (1) The International Association of Fire

5 Chiefs.

6 (2) The International Association of Fire Fight7 ers.

8 (3) The National Volunteer Fire Council.

9 (4) The International Association of Arson In10 vestigators.

11 (5) The International Society of Fire Service

12 Instructors.

13 (6) The National Association of State Fire

14 Marshals.

15 (7) The National Fire Protection Association.

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to the Secretary of De18 fense for activities of the task force $1,000,000 for fiscal

19 year 2001.

20 TITLE XVIII—IMPACT AID

Sec. 1801. Short title.

Sec. 1802. Purpose.

Sec. 1803. Payments relating to Federal acquisition of real property.

Sec. 1804. Payments for eligible federally connected children.

Sec. 1805. Maximum amount of basic support payments.

Sec. 1806. Basic support payments for heavily impacted local educational agencies.

Sec. 1807. Basic support payments for local educational agencies affected by

removal of Federal property.

Sec. 1808. Additional payments for local educational agencies with high concentrations of children with severe disabilities.
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Sec. 1809. Application for payments under sections 8002 and 8003.

Sec. 1810. Payments for sudden and substantial increases in attendance of

military dependents.

Sec. 1811. Construction.

Sec. 1812. State consideration of payments in providing State aid.

Sec. 1813. Federal administration.

Sec. 1814. Administrative hearings and judicial review.

Sec. 1815. Forgiveness of overpayments.

Sec. 1816. Definitions.

Sec. 1817. Authorization of appropriations.

Sec. 1818. Effective date.

1 SEC. 1801. SHORT TITLE.

2 This title may be cited as the ‘‘Impact Aid Reauthor3 ization Act of 2000’’.

4 SEC. 1802. PURPOSE.

5 Section 8001 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7701) is amended—

7 (1) in the matter preceding paragraph (1)—

8 (A) by inserting after ‘‘educational services

9 to federally connected children’’ the following:

10 ‘‘in a manner that promotes control by local

11 educational agencies with little or no Federal or

12 State involvement’’; and

13 (B) by inserting after ‘‘certain activities of

14 the Federal Government’’ the following: ‘‘, such

15 as activities to fulfill the responsibilities of the

16 Federal Government with respect to Indian

17 tribes and activities under section 514 of the

18 Soldiers’ and Sailors’ Civil Relief Act of 1940

19 (50 U.S.C. App. 574),’’;
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1 (2) in paragraph (4), by adding ‘‘or’’ at the

2 end;

3 (3) by striking paragraph (5);

4 (4) by redesignating paragraph (6) as para5 graph (5); and

6 (5) in paragraph (5) (as redesignated), by in7 serting before the period at the end the following:

8 ‘‘and because of the difficulty of raising local rev9 enue through bond referendums for capital projects

10 due to the inability to tax Federal property’’.

11 SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISI12 TION OF REAL PROPERTY.

13 (a) FISCAL YEAR REQUIREMENT.—Section 8002(a)

14 of the Elementary and Secondary Education Act of 1965

15 (20 U.S.C. 7702(a)) is amended in the matter preceding

16 paragraph (1) by striking ‘‘1999’’ and inserting ‘‘2003’’.

17 (b) AMOUNT.—

18 (1) PROHIBITION ON REDUCTION IN AMOUNT

19 OF PAYMENT.—Section 8002(b)(1)(A)(i) of the Ele20 mentary and Secondary Education Act of 1965 (20

21 U.S.C. 7702(b)(1)(A)(i)) is amended—

22 (A) by striking ‘‘(i) The amount’’ and in23 serting ‘‘(i)(I) Subject to subclauses (II) and

24 (III), the amount’’;
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1 (B) by striking ‘‘, except that’’ and all that

2 follows through ‘‘Federal property’’; and

3 (C) by adding at the end the following:

4 ‘‘(II) Except as provided in subclause (III), the

5 Secretary may not reduce the amount of a payment

6 under this section to a local educational agency for

7 a fiscal year by (aa) the amount equal to the

8 amount of revenue, if any, the agency received dur9 ing the previous fiscal year from activities conducted

10 on Federal property eligible under this section and

11 located in a school district served by the agency, in12 cluding amounts received from any Federal depart13 ment or agency (other than the Department of Edu14 cation) from such activities, by reason of receipt of

15 such revenue, or (bb) any other amount by reason

16 of receipt of such revenue.

17 ‘‘(III) If the amount equal to the sum of (aa)

18 the proposed payment under this section to a local

19 educational agency for a fiscal year and (bb) the

20 amount of revenue described in subclause (II)(aa)

21 received by the agency during the previous fiscal

22 year, exceeds the maximum amount the agency is el23 igible to receive under this section for the fiscal year

24 involved, then the Secretary shall reduce the amount
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1 of the proposed payment under this section by an

2 amount equal to such excess amount.’’.

3 (2) INSUFFICIENT FUNDS.—Section

4 8002(b)(1)(B) of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is

6 amended by striking ‘‘shall ratably reduce the pay7 ment to each eligible local educational agency’’ and

8 inserting ‘‘shall calculate the payment for each eligi9 ble local educational agency in accordance with sub10 section (h)’’.

11 (3) MAXIMUM AMOUNT.—Section 8002(b)(1)(C)

12 of the Elementary and Secondary Education Act of

13 1965 (20 U.S.C. 7702(b)(1)(C)) is amended by add14 ing at the end before the period the following: ‘‘, or

15 the maximum amount that such agency is eligible to

16 receive for such fiscal year under this section, which17 ever is greater’’.

18 (c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN

19 WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—

20 Section 8002(h) of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7702(h)) is amended to

22 read as follows:

23 ‘‘(h) PAYMENTS WITH RESPECT TO FISCAL YEARS

24 IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—

25 For any fiscal year for which the amount appropriated
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1 under section 8014(a) is insufficient to pay to each eligible

2 local educational agency the full amount determined under

3 subsection (b), the Secretary shall make payments to each

4 local educational agency under this section as follows:

5 ‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE6 CIPIENTS.—

7 ‘‘(A) IN GENERAL.—The Secretary shall

8 first make a foundation payment to each local

9 educational agency that is eligible to receive a

10 payment under this section for the fiscal year

11 involved and was eligible to receive a payment

12 under section 2 of the Act of September 30,

13 1950 (Public Law 874, 81st Congress) (as such

14 section was in effect on the day preceding the

15 date of the enactment of the Improving Amer16 ica’s Schools Act of 1994) for any of the fiscal

17 years 1989 through 1994.

18 ‘‘(B) AMOUNT.—The amount of a payment

19 under subparagraph (A) for a local educational

20 agency shall be equal to 38 percent of the local

21 educational agency’s maximum entitlement

22 amount under section 2 of the Act of Sep23 tember 30, 1950, for fiscal year 1994 (or if the

24 local educational agency was not eligible to re25 ceive a payment under such section 2 for fiscal
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1 year 1994, the local educational agency’s max2 imum entitlement amount under such section 2

3 for the most recent fiscal year preceding 1994).

4 ‘‘(C) INSUFFICIENT APPROPRIATIONS.—If

5 the amount appropriated under section 8014(a)

6 is insufficient to pay the full amount deter7 mined under this paragraph for all eligible local

8 educational agencies for the fiscal year, then

9 the Secretary shall ratably reduce the payment

10 to each local educational agency under this

11 paragraph.

12 ‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—

13 ‘‘(A) IN GENERAL.—From any amounts

14 remaining after making payments under para15 graph (1) for the fiscal year involved, the Sec16 retary shall make a payment to each eligible

17 local educational agency that received a pay18 ment under this section for fiscal year 1995.

19 ‘‘(B) AMOUNT.—The amount of a payment

20 under subparagraph (A) for a local educational

21 agency shall be determined as follows:

22 ‘‘(i) Calculate the difference between

23 the amount appropriated to carry out this

24 section for fiscal year 1995 and the total
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1 amount of foundation payments made

2 under paragraph (1) for the fiscal year.

3 ‘‘(ii) Determine the percentage share

4 for each local educational agency that re5 ceived a payment under this section for fis6 cal year 1995 by dividing the assessed

7 value of the Federal property of the local

8 educational agency for fiscal year 1995 de9 termined in accordance with subsection

10 (b)(3), by the total eligible national as11 sessed value of the eligible Federal prop12 erty of all such local educational agencies

13 for fiscal year 1995, as so determined.

14 ‘‘(iii) Multiply the percentage share

15 described in clause (ii) for the local edu16 cational agency by the amount determined

17 under clause (i).

18 ‘‘(3) SUBSECTION (i) RECIPIENTS.—From any

19 funds remaining after making payments under para20 graphs (1) and (2) for the fiscal year involved, the

21 Secretary shall make payments in accordance with

22 subsection (i).

23 ‘‘(4) REMAINING FUNDS.—From any funds re24 maining after making payments under paragraphs

25 (1), (2), and (3) for the fiscal year involved—
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1 ‘‘(A) the Secretary shall make a payment

2 to each local educational agency that received a

3 foundation payment under paragraph (1) for

4 the fiscal year involved in an amount that bears

5 the same relation to 25 percent of the remain6 der as the amount the local educational agency

7 received under paragraph (1) for the fiscal year

8 involved bears to the amount all local edu9 cational agencies received under paragraph (1)

10 for the fiscal year involved; and

11 ‘‘(B) the Secretary shall make a payment

12 to each local educational agency that is eligible

13 to receive a payment under this section for the

14 fiscal year involved in an amount that bears the

15 same relation to 75 percent of the remainder as

16 a percentage share determined for the local

17 educational agency (in the same manner as per18 centage shares are determined for local edu19 cational agencies under paragraph (2)(B)(ii))

20 bears to the percentage share determined (in

21 the same manner) for all local educational

22 agencies eligible to receive a payment under this

23 section for the fiscal year involved, except that

24 for the purpose of calculating a local edu25 cational agency’s assessed value of the Federal
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1 property, data from the most current fiscal year

2 shall be used.’’.

3 (d) SPECIAL PAYMENTS.—

4 (1) IN GENERAL.—Section 8002(i)(1) of the El5 ementary and Secondary Education Act of 1965 (20

6 U.S.C. 7702(i)(1)) is amended to read as follows:

7 ‘‘(1) IN GENERAL.—For any fiscal year begin8 ning with fiscal year 2000 for which the amount ap9 propriated to carry out this section exceeds the

10 amount so appropriated for fiscal year 1996 and for

11 which subsection (b)(1)(B) applies, the Secretary

12 shall use the remainder described in subsection

13 (h)(3) for the fiscal year involved (not to exceed the

14 amount equal to the difference between (A) the

15 amount appropriated to carry out this section for

16 fiscal year 1997 and (B) the amount appropriated to

17 carry out this section for fiscal year 1996) to in18 crease the payment that would otherwise be made

19 under this section to not more than 50 percent of

20 the maximum amount determined under subsection

21 (b) for any local educational agency described in

22 paragraph (2).’’.

23 (2) CONFORMING AMENDMENT.—The heading

24 of section 8002(i) of the Elementary and Secondary

25 Education Act of 1965 (20 U.S.C. 7702(i)) is
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1 amended by striking ‘‘PRIORITY’’ and inserting SPE2 CIAL’’.

3 (e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL

4 EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP5 ERTY ACQUISITION.—Section 8002(j)(2) of the Elemen6 tary and Secondary Education Act of 1965 (20 U.S.C.

7 7702(j)(2)) is amended—

8 (1) by striking ‘‘(A) A local educational agen9 cy’’ and inserting ‘‘A local educational agency’’;

10 (2) by redesignating clauses (i) through (v) as

11 subparagraphs (A) through (E), respectively; and

12 (3) in subparagraph (C) (as redesignated), by

13 adding at the end before the semicolon the following:

14 ‘‘and, at the time at which the agency is applying

15 for a payment under this subsection, the agency

16 does not have a military installation located within

17 its geographic boundaries’’.

18 (f) PRIOR YEAR DATA.—Section 8002 of the Elemen19 tary and Secondary Education Act of 1965 (20 U.S.C.

20 7702) is amended by adding at the end the following:

21 ‘‘(l) PRIOR YEAR DATA.—Notwithstanding any other

22 provision of this section, in determining the eligibility of

23 a local educational agency for a payment under subsection

24 (b) or (h)(4)(B) of this section for a fiscal year, and in

25 calculating the amount of such payment, the Secretary—
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1 ‘‘(1) shall use data from the prior fiscal year

2 with respect to the Federal property involved, includ3 ing data with respect to the assessed value of the

4 property and the real property tax rate for current

5 expenditures levied against or imputed to the prop6 erty; and

7 ‘‘(2) shall use data from the second prior fiscal

8 year with respect to determining the amount of rev9 enue referred to in subsection (b)(1)(A)(i).’’.

10 (g) ELIGIBILITY.—Section 8002 of the Elementary

11 and Secondary Education Act of 1965 (20 U.S.C. 7702),

12 as amended by this section, is further amended by adding

13 at the end the following:

14 ‘‘(m) ELIGIBILITY.—

15 ‘‘(1) OLD FEDERAL PROPERTY.—Except as

16 provided in paragraph (2), a local educational agen17 cy that is eligible to receive a payment under this

18 section for Federal property acquired by the Federal

19 Government before the date of enactment of the Im20 pact Aid Reauthorization Act of 2000 shall be eligi21 ble to receive the payment only if the local edu22 cational agency submits an application for a pay23 ment under this section not later than 5 years after

24 the date of the enactment of such Act.
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1 ‘‘(2) COMBINED FEDERAL PROPERTY.—A local

2 educational agency that is eligible to receive a pay3 ment under this section for Federal property ac4 quired by the Federal Government before the date of

5 enactment of the Impact Aid Reauthorization Act of

6 2000 shall be eligible to receive the payment if—

7 ‘‘(A) the Federal property, when combined

8 with other Federal property in the school dis9 trict served by the local educational agency ac10 quired by the Federal Government after the

11 date of the enactment of such Act, meets the

12 requirements of subsection (a); and

13 ‘‘(B) the local educational agency submits

14 an application for a payment under this section

15 not later than 5 years after the date of acquisi16 tion of the Federal property acquired after the

17 date of the enactment of such Act.

18 ‘‘(3) NEW FEDERAL PROPERTY.—A local edu19 cational agency that is eligible to receive a payment

20 under this section for Federal property acquired by

21 the Federal Government after the date of enactment

22 of the Impact Aid Reauthorization Act of 2000 shall

23 be eligible to receive the payment only if the local

24 educational agency submits an application for a pay-
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1 ment under this section not later than 5 years after

2 the date of acquisition.’’.

3 SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CON4 NECTED CHILDREN.

5 (a) GENERAL AMENDMENTS.—Section 8003 of the

6 Elementary and Secondary Education Act of 1965 (20

7 U.S.C. 7703) is amended—

8 (1) in subsection (a)(2)—

9 (A) by redesignating subparagraph (E) as

10 subparagraph (F);

11 (B) in subparagraph (D), by striking ‘‘sub12 paragraphs (D) and (E) of paragraph (1) by a

13 factor of .10’’ and inserting ‘‘subparagraph (D)

14 of paragraph (1) by a factor of .20’’; and

15 (C) by inserting after subparagraph (D)

16 the following:

17 ‘‘(E) Multiply the number of children de18 scribed in subparagraph (E) of paragraph (1)

19 by a factor of .10.’’;

20 (2) in subsection (b)(1), by adding at the end

21 the following:

22 ‘‘(D) DATA.—If satisfactory data from the

23 third preceding fiscal year are not available for

24 any of the expenditures described in clause (i)

25 or (ii) of subparagraph (C), the Secretary shall
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1 use data from the most recent fiscal year for

2 which data that are satisfactory to the Sec3 retary are available.

4 ‘‘(E) SPECIAL RULE.—For purposes of de5 termining the comparable local contribution

6 rate under subparagraph (C)(iii) for a local

7 educational agency described in section

8 222.39(c)(3) of title 34, Code of Federal Regu9 lations, that had its comparable local contribu10 tion rate for fiscal year 1998 calculated pursu11 ant to section 222.39 of title 34, Code of Fed12 eral Regulations, the Secretary shall determine

13 such comparable local contribution rate as the

14 rate upon which payments under this subsection

15 for fiscal year 2000 were made to the local edu16 cational agency adjusted by the percentage in17 crease or decrease in the per pupil expenditure

18 in the State serving the local educational agen19 cy calculated on the basis of the second most

20 recent preceding school year compared to the

21 third most recent preceding school year for

22 which school year data are available.’’; and

23 (3) by amending subsection (e) to read as fol24 lows:

25 ‘‘(e) HOLD HARMLESS.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

2 and (3), the total amount the Secretary shall pay a

3 local educational agency under subsection (b)—

4 ‘‘(A) for fiscal year 2001 shall not be less

5 than 85 percent of the total amount that the

6 local educational agency received under sub7 sections (b) and (f) for fiscal year 2000; and

8 ‘‘(B) for fiscal year 2002 shall not be less

9 than 70 percent of the total amount that the

10 local educational agency received under sub11 sections (b) and (f) for fiscal year 2000.

12 ‘‘(2) MAXIMUM AMOUNT.—The total amount

13 provided to a local educational agency under sub14 paragraph (A) or (B) of paragraph (1) for a fiscal

15 year shall not exceed the maximum basic support

16 payment amount for such agency determined under

17 paragraph (1) or (2) of subsection (b), as the case

18 may be.

19 ‘‘(3) RATABLE REDUCTIONS.—

20 ‘‘(A) IN GENERAL.—If the sums made

21 available under this title for any fiscal year are

22 insufficient to pay the full amounts that all

23 local educational agencies in all States are eligi24 ble to receive under paragraph (1) for such
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1 year, then the Secretary shall ratably reduce

2 the payments to all such agencies for such year.

3 ‘‘(B) ADDITIONAL FUNDS.—If additional

4 funds become available for making payments

5 under paragraph (1) for such fiscal year, pay6 ments that were reduced under subparagraph

7 (A) shall be increased on the same basis as

8 such payments were reduced.’’.

9 (b) MILITARY INSTALLATION AND INDIAN HOUSING

10 UNDERGOING RENOVATION OR REBUILDING.—

11 (1) IN GENERAL.—Section 8003(a)(4) of the

12 Elementary and Secondary Education Act of 1965

13 (20 U.S.C. 7703(a)) is amended—

14 (A) in the heading—

15 (i) by inserting ‘‘AND INDIAN’’ after

16 ‘‘MILITARY INSTALLATION’’; and

17 (ii) by inserting ‘‘OR REBUILDING’’

18 after ‘‘RENOVATION’’;

19 (B) by striking ‘‘For purposes’’ and insert20 ing the following:

21 ‘‘(A) IN GENERAL.—(i) For purposes’’;

22 (C) in subparagraph (A)(i) (as designated

23 by subparagraph (B)), by inserting ‘‘or rebuild24 ing’’ after ‘‘undergoing renovation’’; and

25 (D) by adding at the end the following:
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1 ‘‘(ii) For purposes of computing the

2 amount of a payment for a local educational

3 agency that received a payment for children

4 that resided on Indian lands in accordance with

5 paragraph (1)(C) for the fiscal year prior to the

6 fiscal year for which the local educational agen7 cy is making an application, the Secretary shall

8 consider such children to be children described

9 in paragraph (1)(C) if the Secretary deter10 mines, on the basis of a certification provided

11 to the Secretary by a designated representative

12 of the Secretary of the Interior or the Secretary

13 of Housing and Urban Development, that such

14 children would have resided in housing on In15 dian lands in accordance with paragraph (1)(C)

16 except that such housing was undergoing ren17 ovation or rebuilding on the date for which the

18 Secretary determines the number of children

19 under paragraph (1).

20 ‘‘(B) LIMITATIONS.—(i)(I) Children de21 scribed in paragraph (1)(D)(i) may be deemed

22 to be children described in paragraph (1)(B)

23 with respect to housing on Federal property un24 dergoing renovation or rebuilding in accordance
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1 with subparagraph (A)(i) for a period not to ex2 ceed 3 fiscal years.

3 ‘‘(II) The number of children described in

4 paragraph (1)(D)(i) who are deemed to be chil5 dren described in paragraph (1)(B) with respect

6 to housing on Federal property undergoing ren7 ovation or rebuilding in accordance with sub8 paragraph (A)(i) for any fiscal year may not ex9 ceed the maximum number of children who are

10 expected to occupy that housing upon comple11 tion of the renovation or rebuilding.

12 ‘‘(ii)(I) Children that resided on Indian

13 lands in accordance with paragraph (1)(C) for

14 the fiscal year prior to the fiscal year for which

15 the local educational agency is making an appli16 cation may be deemed to be children described

17 in paragraph (1)(C) with respect to housing on

18 Indian lands undergoing renovation or rebuild19 ing in accordance with subparagraph (A)(ii) for

20 a period not to exceed 3 fiscal years.

21 ‘‘(II) The number of children that resided

22 on Indian lands in accordance with paragraph

23 (1)(C) for the fiscal year prior to the fiscal year

24 for which the local educational agency is mak25 ing an application who are deemed to be chil-
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1 dren described in paragraph (1)(C) with respect

2 to housing on Indian lands undergoing renova3 tion or rebuilding in accordance with subpara4 graph (A)(ii) for any fiscal year may not exceed

5 the maximum number of children who are ex6 pected to occupy that housing upon completion

7 of the renovation or rebuilding.’’.

8 (2) EFFECTIVE DATE.—The amendments made

9 by paragraph (1) shall apply with respect to pay10 ments to a local educational agency for fiscal years

11 beginning before, on, or after the date of the enact12 ment of this Act.

13 (c) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUS14 ING.—Section 8003(a) of the Elementary and Secondary

15 Education Act of 1965 (20 U.S.C. 7703(a)) is amended

16 by adding at the end the following:

17 ‘‘(5) MILITARY ‘BUILD TO LEASE’ PROGRAM

18 HOUSING.—

19 ‘‘(A) IN GENERAL.—For purposes of com20 puting the amount of payment for a local edu21 cational agency for children identified under

22 paragraph (1), the Secretary shall consider chil23 dren residing in housing initially acquired or

24 constructed under the former section 2828(g) of

25 title 10, United States Code (commonly known
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1 as the ‘Build to Lease’ program), as added by

2 section 801 of the Military Construction Au3 thorization Act, 1984, to be children described

4 under paragraph (1)(B) if the property de5 scribed is within the fenced security perimeter

6 of the military facility upon which such housing

7 is situated.

8 ‘‘(B) ADDITIONAL REQUIREMENTS.—If the

9 property described in subparagraph (A) is not

10 owned by the Federal Government, is subject to

11 taxation by a State or political subdivision of a

12 State, and thereby generates revenues for a

13 local educational agency that is applying to re14 ceive a payment under this section, then the

15 Secretary—

16 ‘‘(i) shall require the local educational

17 agency to provide certification from an ap18 propriate official of the Department of De19 fense that the property is being used to

20 provide military housing; and

21 ‘‘(ii) shall reduce the amount of the

22 payment under this section by an amount

23 equal to the amount of revenue from such

24 taxation received in the second preceding

25 fiscal year by such local educational agen-
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1 cy, unless the amount of such revenue was

2 taken into account by the State for such

3 second preceding fiscal year and already

4 resulted in a reduction in the amount of

5 State aid paid to such local educational

6 agency.’’.

7 SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAY8 MENTS.

9 Section 8003(b)(1) of the Elementary and Secondary

10 Education Act of 1965 (20 U.S.C. 7703(b)(1)), as amend11 ed by this Act, is further amended by adding at the end

12 the following:

13 ‘‘(F) INCREASE IN LOCAL CONTRIBUTION

14 RATE DUE TO UNUSUAL GEOGRAPHIC FAC15 TORS.—If the current expenditures in those

16 local educational agencies which the Secretary

17 has determined to be generally comparable to

18 the local educational agency for which a com19 putation is made under subparagraph (C) are

20 not reasonably comparable because of unusual

21 geographical factors which affect the current

22 expenditures necessary to maintain, in such

23 agency, a level of education equivalent to that

24 maintained in such other agencies, then the

25 Secretary shall increase the local contribution
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1 rate for such agency under subparagraph

2 (C)(iii) by such an amount which the Secretary

3 determines will compensate such agency for the

4 increase in current expenditures necessitated by

5 such unusual geographical factors. The amount

6 of any such supplementary payment may not

7 exceed the per-pupil share (computed with re8 gard to all children in average daily attend9 ance), as determined by the Secretary, of the

10 increased current expenditures necessitated by

11 such unusual geographic factors.’’.

12 SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IM13 PACTED LOCAL EDUCATIONAL AGENCIES.

14 (a) IN GENERAL.—Section 8003(b) of the Elemen15 tary and Secondary Education Act of 1965 (20 U.S.C.

16 7703(b)) is amended—

17 (1) by redesignating paragraphs (2) and (3) as

18 paragraphs (3) and (4), respectively; and

19 (2) by inserting after paragraph (1) the fol20 lowing:

21 ‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY

22 IMPACTED LOCAL EDUCATIONAL AGENCIES.—

23 ‘‘(A) IN GENERAL.—(i) From the amount

24 appropriated under section 8014(b) for a fiscal

25 year, the Secretary is authorized to make basic
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1 support payments to eligible heavily impacted

2 local educational agencies with children de3 scribed in subsection (a).

4 ‘‘(ii) A local educational agency that re5 ceives a basic support payment under this para6 graph for a fiscal year shall not be eligible to

7 receive a basic support payment under para8 graph (1) for that fiscal year.

9 ‘‘(B) ELIGIBILITY FOR CONTINUING HEAV10 ILY IMPACTED LOCAL EDUCATIONAL AGEN11 CIES.—

12 ‘‘(i) IN GENERAL.—A heavily im13 pacted local educational agency is eligible

14 to receive a basic support payment under

15 subparagraph (A) with respect to a num16 ber of children determined under sub17 section (a)(1) if the agency—

18 (I) received an additional assist19 ance payment under subsection (f) (as

20 such subsection was in effect on the

21 day before the date of the enactment

22 of the Impact Aid Reauthorization

23 Act of 2000) for fiscal year 2000; and
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1 ‘‘(II)(aa) is a local educational

2 agency whose boundaries are the same

3 as a Federal military installation;

4 ‘‘(bb) has an enrollment of chil5 dren described in subsection (a)(1)

6 that constitutes a percentage of the

7 total student enrollment of the agency

8 which is not less than 35 percent, has

9 a per-pupil expenditure that is less

10 than the average per-pupil expendi11 ture of the State in which the agency

12 is located or the average per-pupil ex13 penditure of all States (whichever av14 erage per-pupil expenditure is great15 er), except that a local educational

16 agency with a total student enrollment

17 of less than 350 students shall be

18 deemed to have satisfied such per19 pupil expenditure requirement, and

20 has a tax rate for general fund pur21 poses which is not less than 95 per22 cent of the average tax rate for gen23 eral fund purposes of local educational

24 agencies in the State;
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1 ‘‘(cc) has an enrollment of chil2 dren described in subsection (a)(1)

3 that constitutes a percentage of the

4 total student enrollment of the agency

5 which is not less than 30 percent, and

6 has a tax rate for general fund pur7 poses which is not less than 125 per8 cent of the average tax rate for gen9 eral fund purposes for comparable

10 local educational agencies in the

11 State;

12 ‘‘(dd) has a total student enroll13 ment of not less than 25,000 stu14 dents, of which not less than 50 per15 cent are children described in sub16 section (a)(1) and not less than 6,000

17 of such children are children described

18 in subparagraphs (A) and (B) of sub19 section (a)(1); or

20 ‘‘(ee) meets the requirements of

21 subsection (f)(2) applying the data re22 quirements of subsection (f)(4) (as

23 such subsections were in effect on the

24 day before the date of the enactment
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1 of the Impact Aid Reauthorization

2 Act of 2000).

3 ‘‘(ii) LOSS OF ELIGIBILITY.—A heav4 ily impacted local educational agency that

5 met the requirements of clause (i) for a

6 fiscal year shall be ineligible to receive a

7 basic support payment under subpara8 graph (A) if the agency fails to meet the

9 requirements of clause (i) for a subsequent

10 fiscal year, except that such agency shall

11 continue to receive a basic support pay12 ment under this paragraph for the fiscal

13 year for which the ineligibility determina14 tion is made.

15 ‘‘(iii) RESUMPTION OF ELIGIBILITY.—

16 A heavily impacted local educational agen17 cy described in clause (i) that becomes in18 eligible under such clause for 1 or more

19 fiscal years may resume eligibility for a

20 basic support payment under this para21 graph for a subsequent fiscal year only if

22 the agency meets the requirements of

23 clause (i) for that subsequent fiscal year,

24 except that such agency shall not receive a

25 basic support payment under this para-
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1 graph until the fiscal year succeeding the

2 fiscal year for which the eligibility deter3 mination is made.

4 ‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM5 PACTED LOCAL EDUCATIONAL AGENCIES.—

6 ‘‘(i) IN GENERAL.—A heavily im7 pacted local educational agency that did

8 not receive an additional assistance pay9 ment under subsection (f) (as such sub10 section was in effect on the day before the

11 date of the enactment of the Impact Aid

12 Reauthorization Act of 2000) for fiscal

13 year 2000 is eligible to receive a basic sup14 port payment under subparagraph (A) for

15 fiscal year 2002 and any subsequent fiscal

16 year with respect to a number of children

17 determined under subsection (a)(1) only if

18 the agency is a local educational agency

19 whose boundaries are the same as a Fed20 eral military installation, or the agency—

21 ‘‘(I) has an enrollment of chil22 dren described in subsection (a)(1)

23 that constitutes a percentage of the

24 total student enrollment of the agency

25 that—
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1 ‘‘(aa) is not less than 50

2 percent if such agency receives a

3 payment on behalf of children de4 scribed in subparagraphs (F) and

5 (G) of such subsection; or

6 ‘‘(bb) is not less than 40

7 percent if such agency does not

8 receive a payment on behalf of

9 such children;

10 ‘‘(II)(aa) for a local educational

11 agency that has a total student enroll12 ment of 350 or more students, has a

13 per-pupil expenditure that is less than

14 the average per-pupil expenditure of

15 the State in which the agency is lo16 cated; or

17 ‘‘(bb) for a local educational

18 agency that has a total student enroll19 ment of less than 350 students, has a

20 per-pupil expenditure that is less than

21 the average per-pupil expenditure of a

22 comparable local educational agency

23 in the State in which the agency is lo24 cated; and
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1 ‘‘(III) has a tax rate for general

2 fund purposes that is at least 95 per3 cent of the average tax rate for gen4 eral fund purposes of comparable local

5 educational agencies in the State.

6 ‘‘(ii) RESUMPTION OF ELIGIBILITY.—

7 A heavily impacted local educational agen8 cy described in clause (i) that becomes in9 eligible under such clause for 1 or more

10 fiscal years may resume eligibility for a

11 basic support payment under this para12 graph for a subsequent fiscal year only if

13 the agency is a local educational agency

14 whose boundaries are the same as a Fed15 eral military installation, or meets the re16 quirements of clause (i), for that subse17 quent fiscal year, except that such agency

18 shall continue to receive a basic support

19 payment under this paragraph for the fis20 cal year for which the ineligibility deter21 mination is made.

22 ‘‘(iii) APPLICATION.—With respect to

23 the first fiscal year for which a heavily im24 pacted local educational agency described

25 in clause (i) applies for a basic support
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1 payment under subparagraph (A), or with

2 respect to the first fiscal year for which a

3 heavily impacted local educational agency

4 applies for a basic support payment under

5 subparagraph (A) after becoming ineligible

6 under clause (i) for 1 or more preceding

7 fiscal years, the agency shall apply for

8 such payment at least 1 year prior to the

9 start of that first fiscal year.

10 ‘‘(D) MAXIMUM AMOUNT FOR REGULAR

11 HEAVILY IMPACTED LOCAL EDUCATIONAL

12 AGENCIES.—(i) Except as provided in subpara13 graph (E), the maximum amount that a heavily

14 impacted local educational agency is eligible to

15 receive under this paragraph for any fiscal year

16 is the sum of the total weighted student units,

17 as computed under subsection (a)(2) and sub18 ject to clause (ii), multiplied by the greater of—

19 ‘‘(I) four-fifths of the average per20 pupil expenditure of the State in which the

21 local educational agency is located for the

22 third fiscal year preceding the fiscal year

23 for which the determination is made; or

24 ‘‘(II) four-fifths of the average per25 pupil expenditure of all of the States for
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1 the third fiscal year preceding the fiscal

2 year for which the determination is made.

3 ‘‘(ii)(I) For a local educational agency with

4 respect to which 35 percent or more of the total

5 student enrollment of the schools of the agency

6 are children described in subparagraph (D) or

7 (E) (or a combination thereof) of subsection

8 (a)(1), the Secretary shall calculate the weight9 ed student units of such children for purposes

10 of subsection (a)(2) by multiplying the number

11 of such children by a factor of 0.55.

12 ‘‘(II) For a local educational agency that

13 has an enrollment of 100 or fewer children de14 scribed in subsection (a)(1), the Secretary shall

15 calculate the total number of weighted student

16 units for purposes of subsection (a)(2) by multi17 plying the number of such children by a factor

18 of 1.75.

19 ‘‘(III) For a local educational agency that

20 has an enrollment of more than 100 but not

21 more than 750 children described in subsection

22 (a)(1), the Secretary shall calculate the total

23 number of weighted student units for purposes

24 of subsection (a)(2) by multiplying the number

25 of such children by a factor of 1.25.
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1 ‘‘(E) MAXIMUM AMOUNT FOR LARGE

2 HEAVILY IMPACTED LOCAL EDUCATIONAL

3 AGENCIES.—(i)(I) Subject to clause (ii), the

4 maximum amount that a heavily impacted local

5 educational agency described in subclause (II)

6 is eligible to receive under this paragraph for

7 any fiscal year shall be determined in accord8 ance with the formula described in paragraph

9 (1)(C).

10 ‘‘(II) A heavily impacted local educational

11 agency described in this subclause is a local

12 educational agency that has a total student en13 rollment of not less than 25,000 students, of

14 which not less than 50 percent are children de15 scribed in subsection (a)(1) and not less than

16 6,000 of such children are children described in

17 subparagraphs (A) and (B) of subsection

18 (a)(1).

19 ‘‘(ii) For purposes of calculating the max20 imum amount described in clause (i), the factor

21 used in determining the weighted student units

22 under subsection (a)(2) with respect to children

23 described in subparagraphs (A) and (B) of sub24 section (a)(1) shall be 1.35.
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1 ‘‘(F) DATA.—For purposes of providing

2 assistance under this paragraph the Secretary

3 shall use student, revenue, expenditure, and tax

4 data from the third fiscal year preceding the

5 fiscal year for which the local educational agen6 cy is applying for assistance under this para7 graph.’’.

8 (b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN

9 WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—

10 Section 8003(b)(3) of the Elementary and Secondary

11 Education Act of 1965 (20 U.S.C. 7703(b)(3)) (as so re12 designated) is amended—

13 (1) in subparagraph (A), by striking ‘‘para14 graph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’;

15 (2) in subparagraph (B)—

16 (A) in the heading, by inserting after

17 ‘‘PAYMENTS’’ the following: ‘‘IN LIEU OF PAY18 MENTS UNDER PARAGRAPH (1)’’;

19 (B) in clause (i)—

20 (i) in the matter preceding subclause

21 (I), by inserting before ‘‘by multiplying’’

22 the following: ‘‘in lieu of basic support pay23 ments under paragraph (1)’’; and
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1 (ii) in subclause (II), by striking ‘‘(not

2 including amounts received under sub3 section (f))’’; and

4 (C) by adding at the end the following:

5 ‘‘(iv) In the case of a local educational

6 agency that has a total student enrollment of

7 fewer than 1,000 students and that has a per8 pupil expenditure that is less than the average

9 per-pupil expenditure of the State in which the

10 agency is located, the total percentage used to

11 calculate threshold payments under clause (i)

12 shall not be less than 40 percent.’’;

13 (3) by redesignating subparagraph (C) as sub14 paragraph (D);

15 (4) by inserting after subparagraph (B) the fol16 lowing:

17 ‘‘(C) LEARNING OPPORTUNITY THRESH18 OLD PAYMENTS IN LIEU OF PAYMENTS UNDER

19 PARAGRAPH (2).—For fiscal years described in

20 subparagraph (A), the learning opportunity

21 threshold payment in lieu of basic support pay22 ments under paragraph (2) shall be equal to the

23 amount obtained under subparagraph (D) or

24 (E) of paragraph (2), as the case may be.’’; and
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1 (5) in subparagraph (D) (as so redesignated),

2 by striking ‘‘computation made under subparagraph

3 (B)’’ and inserting ‘‘computations made under sub4 paragraphs (B) and (C)’’.

5 (c) CONFORMING AMENDMENTS.—Section 8003 of

6 the Elementary and Secondary Education Act of 1965 (20

7 U.S.C. 7703) is amended—

8 (1) in the matter preceding subparagraph (A)

9 of subsection (a)(1), by striking ‘‘subsection (b), (d),

10 or (f)’’ and inserting ‘‘subsection (b) or (d)’’;

11 (2) in subsection (b)—

12 (A) in paragraph (1)(C), in the matter

13 preceding clause (i), by striking ‘‘this sub14 section’’ and inserting ‘‘this paragraph’’; and

15 (B) in paragraph (4) (as so redesig16 nated)—

17 (i) in subparagraph (A), by striking

18 ‘‘paragraphs (1)(B), (1)(C), and (2) of this

19 subsection’’ and inserting ‘‘subparagraphs

20 (B) and (C) of paragraph (1) or subpara21 graphs (B) through (D) of paragraph (2),

22 as the case may be, paragraph (3) of this

23 subsection’’; and

24 (ii) in subparagraph (B)—
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1 (I) by inserting after ‘‘paragraph

2 (1)(C)’’ the following: ‘‘or subpara3 graph (D) or (E) of paragraph (2), as

4 the case may be,’’; and

5 (II) by striking ‘‘paragraph

6 (2)(B)’’ and inserting ‘‘subparagraph

7 (B) or (C) of paragraph (3), as the

8 case may be,’’;

9 (3) in subsection (c)(1), by striking ‘‘paragraph

10 (2) and subsection (f)’’ and inserting ‘‘subsections

11 (b)(1)(D), (b)(2), and paragraph (2)’’;

12 (4) by striking subsection (f); and

13 (5) in subsection (h), by striking ‘‘section 6’’

14 and all that follows through ‘‘1994)’’ and inserting

15 ‘‘section 386 of the National Defense Authorization

16 Act for Fiscal Year 1993’’.

17 SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDU18 CATIONAL AGENCIES AFFECTED BY RE19 MOVAL OF FEDERAL PROPERTY.

20 Section 8003(b) of the Elementary and Secondary

21 Education Act of 1965 (20 U.S.C. 7703(b)), as amended

22 by this Act, is further amended by adding at the end the

23 following:

24 ‘‘(5) LOCAL EDUCATIONAL AGENCIES AF25 FECTED BY REMOVAL OF FEDERAL PROPERTY.—
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1 ‘‘(A) IN GENERAL.—In computing the

2 amount of a basic support payment under this

3 subsection for a fiscal year for a local edu4 cational agency described in subparagraph (B),

5 the Secretary shall meet the additional require6 ments described in subparagraph (C).

7 ‘‘(B) LOCAL EDUCATIONAL AGENCY DE8 SCRIBED.—A local educational agency described

9 in this subparagraph is a local educational

10 agency with respect to which Federal property

11 (i) located within the boundaries of the agency,

12 and (ii) on which one or more children reside

13 who are receiving a free public education at a

14 school of the agency, is transferred by the Fed15 eral Government to another entity in any fiscal

16 year beginning on or after the date of the en17 actment of the Impact Aid Reauthorization Act

18 of 2000 so that the property is subject to tax19 ation by the State or a political subdivision of

20 the State.

21 ‘‘(C) ADDITIONAL REQUIREMENTS.—The

22 additional requirements described in this sub23 paragraph are the following:

24 ‘‘(i) For each fiscal year beginning

25 after the date on which the Federal prop-
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1 erty is transferred, a child described in

2 subparagraph (B) who continues to reside

3 on such property and who continues to re4 ceive a free public education at a school of

5 the agency shall be deemed to be a child

6 who resides on Federal property for pur7 poses of computing under the applicable

8 subparagraph of subsection (a)(1) the

9 amount that the agency is eligible to re10 ceive under this subsection.

11 ‘‘(ii)(I) For the third fiscal year be12 ginning after the date on which the Fed13 eral property is transferred, and for each

14 fiscal year thereafter, the Secretary shall,

15 after computing the amount that the agen16 cy is otherwise eligible to receive under this

17 subsection for the fiscal year involved, de18 duct from such amount an amount equal

19 to the revenue received by the agency for

20 the immediately preceding fiscal year as a

21 result of the taxable status of the former

22 Federal property.

23 ‘‘(II) For purposes of determining the

24 amount of revenue to be deducted in ac-
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1 cordance with subclause (I), the local edu2 cational agency—

3 ‘‘(aa) shall provide for a review

4 and certification of such amount by

5 an appropriate local tax authority;

6 and

7 ‘‘(bb) shall submit to the Sec8 retary a report containing the amount

9 certified under item (aa).’’.

10 SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDU11 CATIONAL AGENCIES WITH HIGH CON12 CENTRATIONS OF CHILDREN WITH SEVERE

13 DISABILITIES.

14 (a) REPEAL.—Subsection (g) of section 8003 of the

15 Elementary and Secondary Education Act of 1965 (20

16 U.S.C. 7703(g)) is repealed.

17 (b) CONFORMING AMENDMENTS.—(1) Section 8003

18 of the Elementary and Secondary Education Act of 1965

19 (20 U.S.C. 7703) is amended by redesignating subsections

20 (h) and (i) as subsections (f) and (g), respectively.

21 (2) Section 426 of the General Education Provisions

22 Act (20 U.S.C. 1228) is amended by striking ‘‘subsections

23 (d) and (g) of section 8003 of such Act’’ and inserting

24 ‘‘section 8003(d) of such Act’’.
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1 SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS

2 8002 AND 8003.

3 Section 8005(d) of the Elementary and Secondary

4 Education Act of 1965 (20 U.S.C. 7705(d)) is amended—

5 (1) in paragraph (2), by inserting after ‘‘not

6 more than 60 days after a deadline established

7 under subsection (c)’’ the following: ‘‘, or not more

8 than 60 days after the date on which the Secretary

9 sends written notice to the local educational agency

10 pursuant to paragraph (3)(A), as the case may be,’’;

11 and

12 (2) in paragraph (3) to read as follows:

13 ‘‘(3) LATE APPLICATIONS.—

14 ‘‘(A) NOTICE.—The Secretary shall, as

15 soon as practicable after the deadline estab16 lished under subsection (c), provide to each

17 local educational agency that applied for a pay18 ment under section 8002 or 8003 for the prior

19 fiscal year, and with respect to which the Sec20 retary has not received an application for a pay21 ment under either such section (as the case

22 may be) for the fiscal year in question, written

23 notice of the failure to comply with the deadline

24 and instruction to ensure that the application is

25 filed not later than 60 days after the date on

26 which the Secretary sends the notice.
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1 ‘‘(B) ACCEPTANCE AND APPROVAL OF

2 LATE APPLICATIONS.—The Secretary shall not

3 accept or approve any application of a local

4 educational agency that is filed more than 60

5 days after the date on which the Secretary

6 sends written notice to the local educational

7 agency pursuant to subparagraph (A).’’.

8 SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN9 CREASES IN ATTENDANCE OF MILITARY DE10 PENDENTS.

11 Section 8006 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 7706) is repealed.

13 SEC. 1811. CONSTRUCTION.

14 Section 8007 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7707) is amended to read

16 as follows:

17 ‘‘SEC. 8007. CONSTRUCTION.

18 ‘‘(a) CONSTRUCTION PAYMENTS AUTHORIZED.—

19 ‘‘(1) IN GENERAL.—From 40 percent of the

20 amount appropriated for each fiscal year under sec21 tion 8014(e), the Secretary shall make payments in

22 accordance with this subsection to each local edu23 cational agency that receives a basic support pay24 ment under section 8003(b) for that fiscal year.
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1 ‘‘(2) ADDITIONAL REQUIREMENTS.—A local

2 educational agency that receives a basic support pay3 ment under section 8003(b)(1) shall also meet at

4 least one of the following requirements:

5 ‘‘(A) The number of children determined

6 under section 8003(a)(1)(C) for the agency for

7 the preceding school year constituted at least

8 50 percent of the total student enrollment in

9 the schools of the agency during the preceding

10 school year.

11 ‘‘(B) The number of children determined

12 under subparagraphs (B) and (D)(i) of section

13 8003(a)(1) for the agency for the preceding

14 school year constituted at least 50 percent of

15 the total student enrollment in the schools of

16 the agency during the preceding school year.

17 ‘‘(3) AMOUNT OF PAYMENTS.—

18 ‘‘(A) LOCAL EDUCATIONAL AGENCIES IM19 PACTED BY MILITARY DEPENDENT CHIL20 DREN.—The amount of a payment to each local

21 educational agency described in this subsection

22 that is impacted by military dependent children

23 for a fiscal year shall be equal to—
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1 ‘‘(i)(II) 20 percent of the amount ap2 propriated under section 8014(e) for such

3 fiscal year; divided by

4 ‘‘(II) the total number of weighted

5 student units of children described in sub6 paragraphs (B) and (D)(i) of section

7 8003(a)(1) for all local educational agen8 cies described in this subsection (as cal9 culated under section 8003(a)(2)), includ10 ing the number of weighted student units

11 of such children attending a school facility

12 described in section 8008(a) if the Sec13 retary does not provide assistance for the

14 school facility under that section for the

15 prior fiscal year; multiplied by

16 ‘‘(ii) the total number of such weight17 ed student units for the agency.

18 ‘‘(B) LOCAL EDUCATIONAL AGENCIES IM19 PACTED BY CHILDREN WHO RESIDE ON INDIAN

20 LANDS.—The amount of a payment to each

21 local educational agency described in this sub22 section that is impacted by children who reside

23 on Indian lands for a fiscal year shall be equal

24 to—
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1 ‘‘(i)(I) 20 percent of the amount ap2 propriated under section 8014(e) for such

3 fiscal year; divided by

4 ‘‘(II) the total number of weighted

5 student units of children described in sec6 tion 8003(a)(1)(C) for all local educational

7 agencies described in this subsection (as

8 calculated under section 8003(a)(2)); mul9 tiplied by

10 ‘‘(ii) the total number of such weight11 ed student units for the agency.

12 ‘‘(4) USE OF FUNDS.—Any local educational

13 agency that receives funds under this subsection

14 shall use such funds for construction, as defined in

15 section 8013(3).

16 ‘‘(b) SCHOOL FACILITY MODERNIZATION GRANTS

17 AUTHORIZED.—

18 ‘‘(1) IN GENERAL.—From 60 percent of the

19 amount appropriated for each fiscal year under sec20 tion 8014(e), the Secretary shall award grants in ac21 cordance with this subsection to eligible local edu22 cational agencies to enable the local educational

23 agencies to carry out modernization of school facili24 ties.
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1 ‘‘(2) ELIGIBILITY REQUIREMENTS.—A local

2 educational agency is eligible to receive funds under

3 this subsection only if—

4 ‘‘(A) such agency (or in the case of a local

5 educational agency that does not have the au6 thority to tax or issue bonds, such agency’s fis7 cal agent) has no capacity to issue bonds or is

8 at such agency’s limit in bonded indebtedness

9 for the purposes of generating funds for capital

10 expenditures, except that a local educational

11 agency that is eligible to receive funds under

12 section 8003(b)(2) shall be deemed to meet the

13 requirements of this subparagraph; and

14 ‘‘(B)(i) such agency received assistance

15 under section 8002(a) for the fiscal year and

16 has an assessed value of taxable property per

17 student in the school district that is less than

18 the average of the assessed value of taxable

19 property per student in the State in which the

20 local educational agency is located; or

21 ‘‘(ii) such agency received assistance under

22 subsection (a) for the fiscal year and has a

23 school facility emergency, as determined by the

24 Secretary, that poses a health or safety hazard
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1 to the students and school personnel assigned

2 to the school facility.

3 ‘‘(3) AWARD CRITERIA.—In awarding grants

4 under this subsection the Secretary shall consider

5 one or more of the following factors:

6 ‘‘(A) The extent to which the local edu7 cational agency lacks the fiscal capacity to un8 dertake the modernization project without Fed9 eral assistance.

10 ‘‘(B) The extent to which property in the

11 local educational agency is nontaxable due to

12 the presence of the Federal Government.

13 ‘‘(C) The extent to which the local edu14 cational agency serves high numbers or percent15 ages of children described in subparagraphs

16 (A), (B), (C), and (D) of section 8003(a)(1).

17 ‘‘(D) The need for modernization to

18 meet—

19 ‘‘(i) the threat that the condition of

20 the school facility poses to the health, safe21 ty, and well-being of students;

22 ‘‘(ii) overcrowding conditions as evi23 denced by the use of trailers and portable

24 buildings and the potential for future over-
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1 crowding because of increased enrollment;

2 and

3 ‘‘(iii) facility needs resulting from ac4 tions of the Federal Government.

5 ‘‘(E) The age of the school facility to be

6 modernized.

7 ‘‘(4) OTHER AWARD PROVISIONS.—

8 ‘‘(A) FEDERAL SHARE.—The Federal

9 funds provided under this subsection to a local

10 educational agency described in subparagraph

11 (C) shall not exceed 50 percent of the total cost

12 of the project to be assisted under this sub13 section. A local educational agency may use in14 kind contributions to meet the matching re15 quirement of the preceding sentence.

16 ‘‘(B) MAXIMUM GRANT.—A local edu17 cational agency described in subparagraph (C)

18 may not receive a grant under this subsection

19 in an amount that exceeds $3,000,000 during

20 any 5-year period.

21 ‘‘(C) LOCAL EDUCATIONAL AGENCY DE22 SCRIBED.—A local educational agency described

23 in this subparagraph is a local educational

24 agency that has the authority to issue bonds

25 but is at such agency’s limit in bonded indebt-
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1 edness for the purposes of generating funds for

2 capital expenditures.

3 ‘‘(5) APPLICATIONS.—A local educational agen4 cy that desires to receive a grant under this sub5 section shall submit an application to the Secretary

6 at such time, in such manner, and accompanied by

7 such information as the Secretary may require. Each

8 application shall contain—

9 ‘‘(A) documentation certifying such agen10 cy’s lack of bonding capacity;

11 ‘‘(B) a listing of the school facilities to be

12 modernized, including the number and percent13 age of children determined under section

14 8003(a)(1) in average daily attendance in each

15 school facility;

16 ‘‘(C) a description of the ownership of the

17 property on which the current school facility is

18 located or on which the planned school facility

19 will be located;

20 ‘‘(D) a description of any school facility

21 deficiency that poses a health or safety hazard

22 to the occupants of the school facility and a de23 scription of how that deficiency will be repaired;
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1 ‘‘(E) a description of the modernization to

2 be supported with funds provided under this

3 subsection;

4 ‘‘(F) a cost estimate of the proposed mod5 ernization; and

6 ‘‘(G) such other information and assur7 ances as the Secretary may reasonably require.

8 ‘‘(6) EMERGENCY GRANTS.—

9 ‘‘(A) APPLICATIONS.—Each local edu10 cational agency described in paragraph

11 (2)(B)(ii) that desires a grant under this sub12 section shall include in the application sub13 mitted under paragraph (5) a signed statement

14 from an appropriate local official certifying that

15 a health or safety deficiency exists.

16 ‘‘(B) PRIORITY.—If the Secretary receives

17 more than one application from local edu18 cational agencies described in paragraph

19 (2)(B)(ii) for grants under this subsection for

20 any fiscal year, the Secretary shall give priority

21 to local educational agencies based on the sever22 ity of the emergency, as determined by the Sec23 retary, and when the application was received.

24 ‘‘(C) ALLOCATION; REPORTING REQUIRE25 MENT.—
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1 ‘‘(i) ALLOCATION.—In awarding

2 grants under this subsection to local edu3 cational agencies described in paragraph

4 (2)(B)(ii), the Secretary shall consider all

5 applications received from local educational

6 agencies that meet the requirement of sub7 section (a)(2)(A) and local educational

8 agencies that meet the requirement of sub9 section (a)(2)(B).

10 ‘‘(ii) REPORTING REQUIREMENT.—

11 ‘‘(I) IN GENERAL.—Not later

12 than January 1 of each year, the Sec13 retary shall prepare and submit to the

14 appropriate congressional committees

15 a report that contains a justification

16 for each grant awarded under this

17 subsection for the prior fiscal year.

18 ‘‘(II) DEFINITION.—In this

19 clause, the term ‘appropriate congres20 sional committees’ means the Com21 mittee on Appropriations and the

22 Committee on Education and the

23 Workforce of the House of Represent24 atives and the Committee on Appro25 priations and the Committee on
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1 Health, Education, Labor and Pen2 sions of the Senate.

3 ‘‘(D) CONSIDERATION FOR FOLLOWING

4 YEAR.—A local educational agency described in

5 paragraph (2)(B)(ii) that applies for a grant

6 under this subsection for any fiscal year and

7 does not receive the grant shall have the appli8 cation for the grant considered for the following

9 fiscal year, subject to the priority described in

10 subparagraph (B).

11 ‘‘(7) SUPPLEMENT NOT SUPPLANT.—An eligible

12 local educational agency shall use funds received

13 under this subsection only to supplement the amount

14 of funds that would, in the absence of such Federal

15 funds, be made available from non-Federal sources

16 for the modernization of school facilities used for

17 educational purposes, and not to supplant such

18 funds.’’.

19 SEC. 1812. STATE CONSIDERATION OF PAYMENTS IN PRO20 VIDING STATE AID.

21 Section 8009 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7709) is amended—

23 (1) in subsection (a)(1), by striking ‘‘or under’’

24 and all that follows through ‘‘of 1994)’’;
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1 (2) by amending subsection (b)(1) to read as

2 follows:

3 ‘‘(1) IN GENERAL.—A State may reduce State

4 aid to a local educational agency that receives a pay5 ment under section 8002 or 8003(b) (except the

6 amount calculated in excess of 1.0 under section

7 8003(a)(2)(B)) for any fiscal year if the Secretary

8 determines, and certifies under subsection (c)(3)(A),

9 that the State has in effect a program of State aid

10 that equalizes expenditures for free public education

11 among local educational agencies in the State.’’; and

12 (3) in subsection (d)—

13 (A) in paragraph (1)—

14 (i) in the matter proceeding subpara15 graph (A), by striking ‘‘or under’’ and all

16 that follows through ‘‘of 1994)’’; and

17 (ii) in subparagraph (B), by striking

18 ‘‘or under’’ and all that follows through

19 ‘‘of 1994)’’; and

20 (B) in paragraph (2), by striking ‘‘or

21 under’’ and all that follows through ‘‘of 1994)’’.

22 SEC. 1813. FEDERAL ADMINISTRATION.

23 Section 8010(c) of the Elementary and Secondary

24 Education Act of 1965 (20 U.S.C. 7710(c)) is amended—

25 (1) by striking paragraph (1);
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1 (2) by redesignating paragraphs (2) and (3) as

2 paragraphs (1) and (2), respectively; and

3 (3) in paragraph (2) (as redesignated)—

4 (A) in subparagraph (D), by striking ‘‘sec5 tion 5(d)(2) of the Act of September 30, 1950

6 (Public Law 874, 81st Congress) (as such sec7 tion was in effect on the day preceding the date

8 of enactment of the Improving America’s

9 Schools Act of 1994) or’’; and

10 (B) in subparagraph (E)—

11 (i) by striking ‘‘1994’’ and inserting

12 ‘‘1999’’;

13 (ii) by striking ‘‘(or such section’s

14 predecessor authority)’’; and

15 (iii) by striking ‘‘paragraph (2)’’ and

16 inserting ‘‘paragraph (1)’’.

17 SEC. 1814. ADMINISTRATIVE HEARINGS AND JUDICIAL RE18 VIEW.

19 (a) ADMINISTRATIVE HEARINGS.—

20 (1) IN GENERAL.—Section 8011(a) of the Ele21 mentary and Secondary Education Act of 1965 (20

22 U.S.C. 7711) is amended by adding at the end be23 fore the period the following: ‘‘if the local edu24 cational agency or State, as the case may be, sub25 mits to the Secretary a request for the hearing not
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1 later than 60 days after the date of the action of the

2 Secretary under this title’’.

3 (2) EFFECTIVE DATE.—The amendment made

4 by paragraph (1) shall apply with respect to an ac5 tion of the Secretary under title VIII of the Elemen6 tary and Secondary Education Act of 1965 (20

7 U.S.C. 7701 et seq.) initiated on or after the date

8 of the enactment of this Act.

9 (b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

10 Section 8011(b)(1) of the Elementary and Secondary

11 Education Act of 1965 (20 U.S.C. 7711(b)(1)) is amended

12 by striking ‘‘60 days’’ and inserting ‘‘30 working days (as

13 determined by the local educational agency or State)’’.

14 SEC. 1815. FORGIVENESS OF OVERPAYMENTS.

15 The matter preceding paragraph (1) of section 8012

16 of the Elementary and Secondary Education Act of 1965

17 (20 U.S.C. 7712) is amended by striking ‘‘under the Act’’

18 and all that follows through ‘‘of 1994)’’ and inserting

19 ‘‘under this title’s predecessor authorities’’.

20 SEC. 1816. DEFINITIONS.

21 Section 8013 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7713) is amended—

23 (1) in paragraph (5)—

24 (A) in subparagraph (A)(iii)—
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1 (I) in subclause (I), by striking

2 ‘‘or’’ after the semicolon; and

3 (II) by adding at the end the fol4 lowing:

5 ‘‘(III) used for affordable hous6 ing assisted under the Native Amer7 ican Housing Assistance and Self-De8 termination Act of 1996; or’’; and

9 (B) in subparagraph (F)(i), by striking

10 ‘‘the mutual’’ and all that follows through

11 ‘‘1937’’ and inserting ‘‘or authorized by the Na12 tive American Housing Assistance and Self-De13 termination Act of 1996’’;

14 (2) in paragraph (8)(B), by striking ‘‘all

15 States’’ and inserting ‘‘the 50 States and the Dis16 trict of Columbia’’;

17 (3) by redesignating paragraphs (11) and (12)

18 as paragraphs (12) and (13), respectively; and

19 (4) by inserting after paragraph (10) the fol20 lowing:

21 ‘‘(11) MODERNIZATION.—The term ‘moderniza22 tion’ means repair, renovation, alteration, or con23 struction, including—

24 ‘‘(A) the concurrent installation of equip25 ment; and
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1 ‘‘(B) the complete or partial replacement

2 of an existing school facility, but only if such

3 replacement is less expensive and more cost-ef4 fective than repair, renovation, or alteration of

5 the school facility.’’.

6 SEC. 1817. AUTHORIZATION OF APPROPRIATIONS.

7 (a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL

8 PROPERTY.—Section 8014(a) of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 7714(a)) is

10 amended—

11 (1) by striking ‘‘$16,750,000 for fiscal year

12 1995’’ and inserting ‘‘$32,000,000 for fiscal year

13 2000’’; and

14 (2) by striking ‘‘four’’ and inserting ‘‘three’’.

15 (b) BASIC PAYMENTS.—Section 8014(b) of the Ele16 mentary and Secondary Education Act of 1965 (20 U.S.C.

17 7714(b)) is amended—

18 (1) by striking ‘‘subsections (b) and (f) of sec19 tion 8003’’ and inserting ‘‘section 8003(b)’’;

20 (2) by striking ‘‘$775,000,000 for fiscal year

21 1995’’ and inserting ‘‘$809,400,000 for fiscal year

22 2000’’;

23 (3) by striking ‘‘four’’ and inserting ‘‘three’’;

24 and
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1 (4) by striking ‘‘, of which 6 percent’’ and all

2 that follows and inserting a period.

3 (c) PAYMENTS FOR CHILDREN WITH DISABIL4 ITIES.—Section 8014(c) of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 7714(c)) is amended—

6 (1) by striking ‘‘$45,000,000 for fiscal year

7 1995’’ and inserting ‘‘$50,000,000 for fiscal year

8 2000’’; and

9 (2) by striking ‘‘four’’ and inserting ‘‘three’’.

10 (d) PAYMENTS FOR INCREASES IN MILITARY CHIL11 DREN.—Subsection (d) of section 8014 of the Elementary

12 and Secondary Education Act of 1965 (20 U.S.C. 7714)

13 is repealed.

14 (e) CONSTRUCTION.—Section 8014(e) of the Elemen15 tary and Secondary Education Act of 1965 (20 U.S.C.

16 7714(e)) is amended—

17 (1) by striking ‘‘$25,000,000 for fiscal year

18 1995’’ and inserting ‘‘$10,052,000 for fiscal year

19 2000’’; and

20 (2) by striking ‘‘four’’ and inserting ‘‘three’’.

21 (f) FACILITIES MAINTENANCE.—Section 8014(f) of

22 the Elementary and Secondary Education Act of 1965 (20

23 U.S.C. 7714(f)) is amended—
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1 (1) by striking ‘‘$2,000,000 for fiscal year

2 1995’’ and inserting ‘‘$5,000,000 for fiscal year

3 2000’’; and

4 (2) by striking ‘‘four’’ and inserting ‘‘three’’.

5 (g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL

6 EDUCATIONAL AGENCIES IMPACTED BY FEDERAL PROP7 ERTY ACQUISITION.—Section 8014(g) of the Elementary

8 and Secondary Education Act of 1965 (20 U.S.C.

9 7714(g)) is amended—

10 (1) in the heading, by striking ‘‘FEDERAL

11 PROPERTY LOCAL EDUCATIONAL AGENCIES’’ and

12 inserting ‘‘LOCAL EDUCATIONAL AGENCIES IM13 PACTED BY FEDERAL PROPERTY ACQUISITION’’;

14 and

15 (2) by striking ‘‘such sums as are necessary be16 ginning in fiscal year 1998 and for each succeeding

17 fiscal year’’ and inserting ‘‘$1,500,000 for fiscal

18 year 2000 and such sums as may be necessary for

19 each of the three succeeding fiscal years’’.

20 SEC. 1818. EFFECTIVE DATE.

21 This title, and the amendments made by this title,

22 shall take effect on October 1, 2000, or the date of the

23 enactment of this Act, whichever occurs later.
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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS

4 SEC. 2001. SHORT TITLE.

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2001’’.

7 TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2000

projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 1999

projects.

Sec. 2107. Modification of authority to carry out fiscal year 1998 project.

Sec. 2108. Authority to accept funds for realignment of certain military construction project, Fort Campbell, Kentucky.

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army

13 may acquire real property and carry out military construc14 tion projects for the installations and locations inside the

15 United States, and in the amounts, set forth in the fol16 lowing table:

Army: Inside the United States

State Installation or location Amount

Alabama ........................... Redstone Arsenal ................................ $39,000,000

Alaska .............................. Fort Richardson .................................. $3,000,000

Arizona ............................. Fort Huachuca .................................... $4,600,000

Arkansas .......................... Pine Bluff Arsenal .............................. $2,750,000

California ......................... Fort Irwin ........................................... $31,000,000

Presidio, Monterey .............................. $2,600,000
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Army: Inside the United States—Continued

State Installation or location Amount

Georgia ............................. Fort Benning ...................................... $15,800,000

Fort Gordon ........................................ $2,600,000

Hawaii .............................. Pohakoula Training Facility ............... $32,000,000

Schofield Barracks .............................. $43,800,000

Kansas ............................. Fort Riley ............................................ $22,000,000

Kentucky .......................... Fort Knox ........................................... $550,000

Maryland .......................... Fort Meade ......................................... $19,000,000

Missouri ........................... Fort Leonard Wood ............................ $65,400,000

New Jersey ...................... Picatinny Arsenal ................................ $5,600,000

New York ......................... Fort Drum .......................................... $18,000,000

North Carolina ................. Fort Bragg .......................................... $222,200,000

Sunny Point Army Terminal .............. $2,300,000

Ohio .................................. Columbus ............................................. $1,832,000

Pennsylvania .................... Carlisle Barracks ................................ $10,500,000

New Cumberland Army Depot ............ $3,700,000

Texas ................................ Fort Bliss ............................................ $26,000,000

Fort Hood ........................................... $36,492,000

Red River Army Depot ....................... $800,000

Virginia ............................ Fort Evans .......................................... $4,450,000

Total: ............................................... $615,974,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army

4 may acquire real property and carry out military construc5 tion projects for the locations outside the United States,

6 and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany ............................... Area Support Group, Bamberg ...... $11,650,000

Area Support Group, Darmstadt .... $11,300,000

Kaiserslautern ................................. $3,400,000

Mannheim ....................................... $4,050,000

Korea .................................... Camp Carroll .................................. $10,000,000

Camp Hovey ................................... $30,200,000

Camp Humphreys ........................... $14,200,000

Camp Page ...................................... $19,500,000

Yongpyong ...................................... $11,850,000

Puerto Rico .......................... Fort Buchanan ............................... $3,700,000

Total: ........................................... $119,850,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2104(a)(3), the Secretary of the Army may ac-
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1 quire real property and carry out military construction

2 projects for the installation and location, and in the

3 amount, set forth in the following table:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ......... Classified Location .......................... $11,000,000

4 SEC. 2102. FAMILY HOUSING.

5 (a) CONSTRUCTION AND ACQUISITION.—Using

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(6)(A), the Secretary of the

8 Army may construct or acquire family housing units (in9 cluding land acquisition) at the installations, for the pur10 poses, and in the amounts set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska ........................... Fort Wainwright ............... 75 Units ...... $24,000,000

Arizona ......................... Fort Huachuca .................. 110 Units .... $16,224,000

California ...................... Fort Irwin ......................... 24 Units ...... $4,700,000

Hawaii .......................... Schofield Barracks ............ 72 Units ...... $15,500,000

Kentucky ....................... Fort Campbell ................... 184 Units .... $27,800,000

Maryland ...................... Fort Detrick ...................... 48 Units ...... $5,600,000

Missouri ........................ Fort Leonard Wood .......... 24 Units ...... $4,150,000

North Carolina ............. Fort Bragg ........................ 160 Units .... $22,000,000

South Carolina .............. Fort Jackson ..................... 1 Unit ......... $250,000

Texas ............................ Fort Bliss .......................... 64 Units ...... $10,200,000

Virginia ......................... Fort Lee ............................ 52 Units ...... $8,600,000

Korea ............................ Camp Humphreys ............. 60 Units ...... $21,800,000

Puerto Rico ................... Fort Buchanan .................. 31 Units ...... $5,000,000

Total: ............................. ..................... $165,824,000

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in

13 section 2104(a)(6)(A), the Secretary of the Army may

14 carry out architectural and engineering services and con15 struction design activities with respect to the construction
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1 or improvement of family housing units in an amount not

2 to exceed $6,542,000.

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States

6 Code, and using amounts appropriated pursuant to the

7 authorization of appropriations in section 2104(a)(6)(A),

8 the Secretary of the Army may improve existing military

9 family housing units in an amount not to exceed

10 $63,590,000.

11 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

12 (a) IN GENERAL.—Funds are hereby authorized to

13 be appropriated for fiscal years beginning after September

14 30, 2000, for military construction, land acquisition, and

15 military family housing functions of the Department of the

16 Army in the total amount of $1,925,344,000, as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2101(a),

19 $419,374,000.

20 (2) For military construction projects outside

21 the United States authorized by section 2101(b),

22 $119,850,000.

23 (3) For a military construction project at an

24 unspecified worldwide location authorized by section

25 2101(c), $11,000,000.
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1 (4) For unspecified minor construction projects

2 authorized by section 2805 of title 10, United States

3 Code, $20,700,000.

4 (5) For architectural and engineering services

5 and construction design under section 2807 of title

6 10, United States Code, $109,306,000.

7 (6) For military family housing functions:

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military

10 family housing and facilities, $235,956,000.

11 (B) For support of military family housing

12 (including the functions described in section

13 2833 of title 10, United States Code),

14 $971,704,000.

15 (7) For the construction of phase 1C of a bar16 racks complex, Infantry Drive, Fort Riley, Kansas,

17 authorized by section 2101(a) of the Military Con18 struction Act for Fiscal Year 1999 (division B of

19 Public Law 105–261; 112 Stat. 2182), $10,000,000.

20 (8) For the construction of a railhead facility,

21 Fort Hood, Texas, authorized by section 2101(a) of

22 the Military Construction Authorization Act for Fis23 cal Year 1999 (112 Stat. 2182), as amended by sec24 tion 2106 of this Act, $9,800,000.
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1 (9) For the construction of a chemical defense

2 qualification facility, Pine Bluff Arsenal, Arkansas,

3 authorized by section 2101(a) of the Military Con4 struction Authorization Act for Fiscal Year 2000

5 (division B of Public Law 106–65; 113 Stat. 825),

6 $2,592,000.

7 (10) For the construction of phase 1B of a bar8 racks complex, Wilson Street, Schofield Barracks,

9 Hawaii, authorized by section 2101(a) of the Mili10 tary Construction Authorization Act for Fiscal Year

11 2000 (113 Stat. 825), $22,400,000.

12 (11) For the construction of phase 2B of a bar13 racks complex, Tagaytay Street, Fort Bragg, North

14 Carolina, authorized by section 2101(a) of the Mili15 tary Construction Authorization Act for Fiscal Year

16 2000 (113 Stat. 825), $3,108,000.

17 (12) For the construction of phase 2 of a tac18 tical equipment shop, Fort Sill, Oklahoma, author19 ized by section 2101(a) of the Military Construction

20 Authorization Act for Fiscal Year 2000 (113 Stat.

21 825), $10,100,000.

22 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

23 PROJECTS.—Notwithstanding the cost variations author24 ized by section 2853 of title 10, United States Code, and

25 any other cost variations authorized by law, the total cost
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1 of all projects carried out under section 2101 of this Act

2 may not exceed—

3 (1) the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection

5 (a);

6 (2) $22,600,000 (the balance of the amount au7 thorized under section 2101(a) for the construction

8 of a Basic Training Complex at Fort Leonard Wood,

9 Missouri);

10 (3) $10,000,000 (the balance of the amount au11 thorized under section 2101(a) for construction of a

12 Multipurpose Digital Training Range at Fort Hood,

13 Texas);

14 (4) $34,000,000 (the balance of the amount au15 thorized under section 2101(a) for construction of

16 phase I of a barracks complex, Longstreet Road,

17 Fort Bragg, North Carolina);

18 (5) $104,000,000 (the balance of the amount

19 authorized under section 2101(a) for the construc20 tion phase I of a barracks complex, Bunter Road,

21 Fort Bragg, North Carolina);

22 (6) $6,000,000 (the balance of the amount au23 thorized under section 2101(a) for the construction

24 of a battle simulation center at Fort Drum, New

25 York); and
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1 (7) $20,000,000 (the balance of the amount au2 thorized under section 2101(a) for the construction

3 of Saddle Access Road, Pohakuloa Training Facility,

4 Hawaii).

5 (c) ADJUSTMENT.—The total amount authorized to

6 be appropriated pursuant to paragraphs (1) through (12)

7 of subsection (a) is the sum of the amounts authorized

8 to be appropriated in such paragraphs, reduced by—

9 (1) $635,000, which represents the combination

10 of savings resulting from adjustments to foreign cur11 rency exchange rates for military construction out12 side the United States; and

13 (2) $19,911,000 which represents the combina14 tion of savings resulting from adjustments to foreign

15 currency exchange rates for military family housing

16 construction and military family housing support

17 outside the United States.

18 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

19 CERTAIN FISCAL YEAR 2000 PROJECTS.

20 (a) CONSTRUCTION PROJECTS INSIDE THE UNITED

21 STATES.—The table in section 2101(a) of the Military

22 Construction Authorization Act for Fiscal Year 2000 (di23 vision B of Public Law 106–65; 113 Stat. 825) is

24 amended—
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1 (1) in the item relating to Fort Stewart, Geor2 gia, by striking ‘‘$71,700,000’’ in the amount col3 umn and inserting ‘‘$25,700,000’’;

4 (2) by striking the item relating to Fort Riley,

5 Kansas;

6 (3) in the item relating to CONUS Various, by

7 striking ‘‘$36,400,000’’ in the amount column and

8 inserting ‘‘$138,900,000’’; and

9 (4) by striking the amount identified as the

10 total in the amount column and inserting

11 ‘‘$1,059,250,000’’.

12 (b) UNSPECIFIED MINOR CONSTRUCTION

13 PROJECTS.—Subsection (a)(3) of section 2104 of the Mili14 tary Construction Authorization Act for Fiscal Year 2000

15 (113 Stat. 826) is amended by striking ‘‘$9,500,000’’ and

16 inserting ‘‘$14,600,000’’.

17 (c) CONFORMING AMENDMENTS.—Section 2104 of

18 the Military Construction Authorization Act for Fiscal

19 Year 2000 is further amended—

20 (1) in the matter preceding subsection (a), by

21 striking ‘‘$2,353,231,000’’ and inserting

22 ‘‘$2,358,331,000’’; and

23 (2) in subsection (b), by striking paragraph (7)

24 and inserting the following new paragraph:
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1 ‘‘(7) $102,500,000 (the balance of the amount

2 authorized under section 2101(a) for Army construc3 tion and land acquisition projects covered under the

4 item relating to CONUS Various, as amended by

5 section 2105 of the Military Construction Authoriza6 tion Act for Fiscal Year 2001).

7 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT

8 CERTAIN FISCAL YEAR 1999 PROJECTS.

9 (a) MODIFICATION.—The table in section 2101 of the

10 Military Construction Authorization Act for Fiscal Year

11 1999 (division B of Public Law 105–261; 112 Stat. 2182)

12 is amended—

13 (1) in the item relating to Fort Hood, Texas,

14 by striking ‘‘$32,500,000’’ in the amount column

15 and inserting ‘‘$45,300,000’’;

16 (2) in the item relating to Fort Riley, Kansas,

17 by striking ‘‘$41,000,000’’ in the amount column

18 and inserting ‘‘$44,500,000’’; and

19 (3) by striking the amount identified as the

20 total in the amount column and inserting

21 ‘‘$785,081,000’’.

22 (b) CONFORMING AMENDMENTS.—Section 2104 of

23 that Act (112 Stat. 2184) is amended—

24 (1) in subsection (a)—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘$2,098,713,000’’ and inserting

3 ‘‘$2,111,513,000’’; and

4 (B) in paragraph (1), by striking

5 ‘‘$609,781,000’’ and inserting ‘‘$622,581,000’’;

6 and

7 (2) in subsection (b)(7), by striking

8 ‘‘$24,500,000’’ and inserting ‘‘$28,000,000’’.

9 SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT

10 FISCAL YEAR 1998 PROJECT.

11 (a) MODIFICATION.—The table in section 2101(a) of

12 the Military Construction Authorization Act for Fiscal

13 Year 1998 (division B of Public Law 105–85; 111 Stat.

14 1967), as amended by section 2105(a) of the Military Con15 struction Authorization Act for Fiscal Year 1999 (division

16 B of Public Law 105–261; 112 Stat. 2185), is amended—

17 (1) in the item relating to Hunter Army Air18 field, Fort Stewart, Georgia, by striking

19 ‘‘$54,000,000’’ in the amount column and inserting

20 ‘‘$57,500,000’’; and

21 (2) by striking the amount identified as the

22 total in the amount column and inserting

23 ‘‘$606,250,000’’.

24 (b) CONFORMING AMENDMENT.—Section 2104(b)(5)

25 of the Military Construction Authorization Act for Fiscal
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1 Year 1998 (111 Stat. 1969) is amended by striking

2 ‘‘$42,500,000’’ and inserting ‘‘$46,000,000’’.

3 SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGN4 MENT OF CERTAIN MILITARY CONSTRUCTION

5 PROJECT, FORT CAMPBELL, KENTUCKY.

6 (a) AUTHORITY TO ACCEPT FUNDS.—(1) The Sec7 retary of the Army may accept funds from the Federal

8 Highway Administration or the Commonwealth of Ken9 tucky for purposes of funding all costs associated with the

10 realignment of the military construction project involving

11 a rail connector located at Fort Campbell, Kentucky, as

12 authorized in section 2101(a) of the Military Construction

13 Authorization Act for Fiscal Year 1997 (division B of

14 Public Law 104–201; 110 Stat. 2763).

15 (2) Any funds accepted under paragraph (1) shall be

16 credited to the account of the Department of the Army

17 from which the costs of the realignment of the military

18 construction project described in that paragraph are to be

19 paid.

20 (b) USE OF FUNDS.—(1) The Secretary may use

21 funds accepted under subsection (a) for any costs associ22 ated with the realignment of the military construction

23 project described in that subsection in addition to any

24 amounts authorized and appropriated for the military con25 struction project.
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1 (2) For purposes of paragraph (1), the costs associ2 ated with the realignment of the military construction

3 project described in subsection (a) include redesign costs,

4 additional construction costs, additional costs due to con5 struction delays related to the realignment, and additional

6 real estate costs.

7 (3) Funds accepted under subsection (a) shall remain

8 available for use under paragraph (1) until expended.

9 TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out fiscal year 1997 project at

Marine Corps Combat Development Command, Quantico, Virginia.

10 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

11 ACQUISITION PROJECTS.

12 (a) INSIDE THE UNITED STATES.—Using amounts

13 appropriated pursuant to the authorization of appropria14 tions in section 2204(a)(1), the Secretary of the Navy may

15 acquire real property and carry out military construction

16 projects for the installations and locations inside the

17 United States, and in the amounts, set forth in the fol18 lowing table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ............ $8,200,000

Navy Detachment, Camp Navajo ............ $2,940,000

California ........................ Marine Corps Air-Ground Combat Center, Twentynine Palms ........................ $23,870,000

Marine Corps Air Station, Miramar ....... $13,740,000

Marine Corps Base, Camp Pendleton ..... $8,100,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Marine Corps Logistics Base, Barstow ... $6,660,000

Naval Air Station, Lemoore .................... $12,050,000

Naval Air Warfare Center Weapons Division, Point Mugu ................................. $11,400,000

Naval Aviation Depot, North Island ....... $4,340,000

Naval Facility, San Clemente Island ...... $8,860,000

Naval Postgraduate School, Monterey .... $5,280,000

Naval Ship Weapons Systems Engineering Station, Port Hueneme ................. $10,200,000

Naval Station, San Diego ........................ $53,200,000

Connecticut .................... Naval Submarine Base, New London ..... $3,100,000

CONUS Various ............. CONUS Various ...................................... $11,500,000

District of Columbia ...... Marine Corps Barracks ........................... $24,597,000

Naval District, Washington ..................... $2,450,000

Naval Research Laboratory, Washington $12,390,000

Florida ............................ Naval Air Station, Whiting Field ............ $5,130,000

Naval Surface Warfare Center Wastal

Systems Station, Panama City ............ $9,960,000

Naval Station, Mayport ........................... $6,830,000

Naval Surface Warfare Center Detachment, Ft. Lauderdale .......................... $3,570,000

Georgia ........................... Marine Corps Logistics Base, Albany ..... $1,100,000

Navy Supply Corps School, Athens ......... $2,950,000

Trident Refit Facility, Kings Bay ........... $5,200,000

Hawaii ............................ Fleet Industrial Supply Center, Pearl

Harbor ................................................. $12,000,000

Naval Undersea Weapons Station Detachment, Lualualei ............................. $2,100,000

Marine Corps Air Station, Kaneohe ........ $18,400,000

Naval Station, Pearl Harbor ................... $37,600,000

Illinois ............................ Naval Training Center, Great Lakes ...... $121,400,000

Maine .............................. Naval Air Station, Brunswick ................. $2,450,000

Naval Shipyard, Portsmouth ................... $4,960,000

Maryland ........................ Naval Explosive Ordinance Disposal

Technology Center, Indian Head ........ $6,430,000

Naval Air Station, Patuxent River .......... $8,240,000

Mississippi ...................... Naval Air Station, Meridian .................... $4,700,000

Naval Oceanographic Office, Stennis

Space Center ....................................... $6,950,000

Nevada ........................... Naval Air Station, Fallon ........................ $6,280,000

New Jersey ..................... Naval Weapons Station, Earle ................ $2,420,000

North Carolina ............... Marine Corps Air Station, Cherry Point $8,480,000

Marine Corps Air Station, New River ..... $3,400,000

Marine Corps Base, Camp Lejeune ........ $45,870,000

Naval Aviation Depot, Cherry Point ....... $7,540,000

Pennsylvania .................. Naval Surface Warfare Center Shipyard

Systems Engineering Station, Philadelphia ................................................. $10,680,000

Rhode Island .................. Naval Undersea Warfare Center Division, Newport ...................................... $4,150,000

South Carolina ............... Marine Corps Air Station, Beaufort ....... $3,140,000

Marine Corps Recruit Depot, Parris Island ...................................................... $2,660,000

Texas .............................. Naval Air Station, Corpus Christi .......... $4,850,000

Naval Air Station, Kingsville .................. $2,670,000

Naval Station, Ingleside .......................... $2,420,000

Virginia .......................... AEGIS Combat Systems Center, Wallops

Island ................................................... $3,300,000

Marine Corps Combat Development

Command, Quantico ............................ $8,590,000

Naval Air Station, Norfolk ...................... $31,450,000

Naval Air Station, Oceana ...................... $5,250,000

Naval Amphibious Base, Little Creek ..... $2,830,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Naval Shipyard, Norfolk, Portsmouth .... $16,100,000

Naval Station, Norfolk ............................ $4,700,000

Naval Surface Warfare Center, Dahlgren $30,700,000

Washington .................... Naval Shipyard, Bremerton, Puget

Sound ................................................... $100,740,000

Naval Station, Bremerton ....................... $11,930,000

Naval Station, Everett ............................ $5,500,000

Naval Submarine Base, Bangor .............. $4,600,000

Strategic Weapons Facility Pacific,

Bremerton ............................................ $1,400,000

Total: ................................................... $811,497,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and

6 in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Bahrain .......................... Administrative Support Unit ................... $19,400,000

Italy ................................ Naval Air Station, Sigonella ................... $32,969,000

Naval Support Activity, Naples ............... $15,000,000

Various Locations .......... Host Nation Infrastructure Support ....... $142,000

Total: ................................................... $67,511,000

7 SEC. 2202. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(5)(A), the Secretary of the

11 Navy may construct or acquire family housing units (in12 cluding land acquisition) at the installations, for the pur13 poses, and in the amounts set forth in the following table:
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Navy: Family Housing

State Installation or location Purpose Amount

California ...................... Marine Corps Air-Ground

Combat Center,

Twentynine Palms ......... 79 Units ...... $13,923,000

Naval Air Station,

Lemoore ......................... 260 Units .... $47,871,000

Hawaii .......................... Commander Naval Base,

Pearl Harbor ................. 112 Units .... $23,654,000

Commander Naval Base,

Pearl Harbor ................. 62 Units ...... $14,237,000

Commander Naval Base,

Pearl Harbor ................. 98 Units ...... $22,230,000

Marine Corps Air Station,

Kaneohe Bay ................. 84 Units ...... $21,910,000

Louisiana ...................... Naval Air Station, New

Orleans .......................... 34 Units ...... $5,000,000

Maine ............................ Naval Air Station, Brunswick ............................... 168 Units .... $18,722,000

Mississippi .................... Naval Construction Battalion Center, Gulfport .. 157 Units .... $20,700,000

Washington ................... Naval Air Station,

Whidbey Island .............. 98 Units ...... $16,873,000

Total: ....... $205,120,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2204(a)(5)(A), the Secretary of the Navy may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $19,958,000.

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2204(a)(5)(A),

13 the Secretary of the Navy may improve existing military

14 family housing units in an amount not to exceed

15 $193,077,000.
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1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal years beginning after September

4 30, 2000, for military construction, land acquisition, and

5 military family housing functions of the Department of the

6 Navy in the total amount of $2,227,995,000, as follows:

7 (1) For military construction projects inside the

8 United States authorized by section 2201(a),

9 $750,257,000.

10 (2) For military construction projects outside

11 the United States authorized by section 2201(b),

12 $67,511,000.

13 (3) For unspecified minor construction projects

14 authorized by section 2805 of title 10, United States

15 Code, $11,659,000.

16 (4) For architectural and engineering services

17 and construction design under section 2807 of title

18 10, United States Code, $73,335,000.

19 (5) For military family housing functions:

20 (A) For construction and acquisition, plan21 ning and design, and improvement of military

22 family housing and facilities, $418,155,000.

23 (B) For support of military housing (in24 cluding functions described in section 2833 of

25 title 10, United States Code), $882,638,000.
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1 (6) For construction of a berthing wharf at

2 Naval Air Station, North Island, California, author3 ized by section 2201(a) of the Military Construction

4 Authorization Act for Fiscal Year 2000 (division B

5 of Public Law 106–65; 113 Stat. 828), $12,800,000.

6 (7) For construction of the Commander-in7 Chief Headquarters, Pacific Command, Camp H.M.

8 Smith, Hawaii, authorized by section 2201(a) of the

9 Military Construction Authorization Act for Fiscal

10 Year 2000, $35,600,000.

11 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

12 PROJECTS.—Notwithstanding the cost variations author13 ized by section 2853 of title 10, United States Code, and

14 any other cost variation authorized by law, the total cost

15 of all projects carried out under section 2201 of this Act

16 may not exceed—

17 (1) the total amount authorized to be appro18 priated under paragraphs (1) and (2) of subsection

19 (a);

20 (2) $17,500,000 (the balance of the amount au21 thorized under section 2201(a) for repair of a pier

22 at Naval Station, San Diego, California);

23 (3) $24,460,000 (the balance of the amount au24 thorized under section 2201(a) for replacement of a
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1 pier at Naval Shipyard, Bremerton, Puget Sound,

2 Washington); and

3 (4) $10,280,000 (the balance of the amount au4 thorized under section 2201(a) for construction of

5 an industrial skills center at Naval Shipyard, Brem6 erton, Puget Sound, Washington).

7 (c) ADJUSTMENTS.—The total amount authorized to

8 be appropriated pursuant to paragraphs (1) through (7)

9 of subsection (a) is the sum of the amounts authorized

10 to be appropriated in such paragraphs, reduced by—

11 (1) $2,889,000, which represents the combina12 tion of savings resulting from adjustments to foreign

13 currency exchange rates for military construction

14 outside the United States;

15 (2) $20,000,000, which represents the combina16 tion of project savings in military construction re17 sulting from favorable bids, reduced overhead

18 charges, and cancellations due to force structure

19 changes; and

20 (3) $1,071,000, which represents the combina21 tion of savings resulting from adjustments to foreign

22 currency exchange rates for military family housing

23 support outside the United States.
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1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

2 FISCAL YEAR 1997 PROJECT AT MARINE

3 CORPS COMBAT DEVELOPMENT COMMAND,

4 QUANTICO, VIRGINIA.

5 The Secretary of the Navy may carry out a military

6 construction project involving infrastructure development

7 at the Marine Corps Combat Development Command,

8 Quantico, Virginia, in the amount of $8,900,000, using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(a)(1) of the Military Con11 struction Authorization Act for Fiscal Year 1997 (division

12 B of Public Law 104–201; 110 Stat. 2769) for a military

13 construction project involving a sanitary landfill at that

14 installation, as authorized by section 2201(a) of that Act

15 (110 Stat. 2767) and extended by section 2702 of the

16 Military Construction Authorization Act for Fiscal Year

17 2000 (division B of Public Law 106–65; 113 Stat. 842)

18 and section 2703 of this Act.

19 TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

20 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

21 LAND ACQUISITION PROJECTS.

22 (a) INSIDE THE UNITED STATES.—Using amounts

23 appropriated pursuant to the authorization of appropria-
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1 tions in section 2304(a)(1), the Secretary of the Air Force

2 may acquire real property and carry out military construc3 tion projects for the installations and locations inside the

4 United States, and in the amounts, set forth in the fol5 lowing table:

Air Force: Inside the United States

State Installation or location Amount

Alabama ................................ Maxwell Air Force Base ................... $3,825,000

Alaska ................................... Cape Romanzof ................................. $3,900,000

Eielson Air Force Base .................... $40,990,000

Elmendorf Air Force Base ............... $35,186,000

Arizona .................................. Davis-Monthan Air Force Base ........ $7,900,000

Arkansas ............................... Little Rock Air Force Base .............. $18,319,000

California .............................. Beale Air Force Base ....................... $10,099,000

Los Angeles Air Force Base ............. $6,580,000

Vandenberg Air Force Base ............. $4,650,000

Colorado ................................ Buckley Air National Guard Base ... $2,750,000

Peterson Air Force Base .................. $22,396,000

Schriever Air Force Base ................. $8,450,000

United States Air Force Academy ... $18,960,000

CONUS Classified ................ Classified Location ........................... $1,810,000

District of Columbia ............. Bolling Air Force Base ..................... $4,520,000

Florida .................................. Eglin Air Force Base ....................... $8,940,000

Eglin Auxiliary Field 9 ..................... $7,960,000

Patrick Air Force Base .................... $12,970,000

Tyndall Air Force Base .................... $31,495,000

Georgia .................................. Fort Stewart/Hunter Army Air Field $4,920,000

Moody Air Force Base ..................... $11,318,000

Robins Air Force Base ..................... $15,857,000

Hawaii ................................... Hickam Air Force Base ................... $4,620,000

Idaho ..................................... Mountain Home Air Force Base ...... $10,125,000

Illinois ................................... Scott Air Force Base ........................ $3,830,000

Kansas .................................. McConnell Air Force Base ............... $11,864,000

Louisiana .............................. Barksdale Air Force Base ................ $20,464,000

Massachusetts ....................... Hanscom Air Force Base ................. $12,000,000

Mississippi ............................. Columbus Air Force Base ................ $4,828,000

Keesler Air Force Base .................... $15,040,000

Missouri ................................. Whiteman Air Force Base ................ $12,050,000

Montana ................................ Malmstrom Air Force Base .............. $11,179,000

New Jersey ............................ McGuire Air Force Base .................. $29,772,000

New Mexico ........................... Cannon Air Force Base .................... $4,934,000

Holloman Air Force Base ................ $18,380,000

Kirtland Air Force Base .................. $7,350,000

North Carolina ...................... Pope Air Force Base ........................ $24,570,000

Seymour Johnson Air Force Base ... $7,141,000

Ohio ....................................... Wright-Patterson Air Force Base .... $37,508,000

Oklahoma .............................. Altus Air Force Base ....................... $2,939,000

Tinker Air Force Base ..................... $26,895,000

Vance Air Force Base ...................... $10,504,000

South Carolina ...................... Charleston Air Force Base ............... $22,238,000

Shaw Air Force Base ....................... $8,102,000

South Dakota ........................ Ellsworth Air Force Base ................. $10,290,000

Texas ..................................... Dyess Air Force Base ....................... $24,988,000

Lackland Air Force Base ................. $10,330,000

Laughlin Air Force Base .................. $11,973,000

Sheppard Air Force Base ................. $6,450,000

Utah ...................................... Hill Air Force Base .......................... $28,050,000

Virginia ................................. Langley Air Force Base ................... $19,650,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Washington ........................... Fairchild Air Force Base ................. $7,926,000

McChord Air Force Base ................. $10,250,000

Wyoming ............................... F.E. Warren Air Force Base ........... $25,720,000

Total: ............................................ $745,755,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Air Force: Outside the United States

Country Installation or location Amount

Diego Garcia ......................... Diego Garcia ..................................... $5,475,000

Italy ....................................... Aviano Air Base ............................... $8,000,000

Korea ..................................... Kunsan Air Base .............................. $6,400,000

Osan Air Base .................................. $21,948,000

Spain ..................................... Naval Station, Rota .......................... $5,052,000

Turkey ................................... Incirlik Air Base ............................... $1,000,000

Total: ............................................ $47,875,000

8 SEC. 2302. FAMILY HOUSING.

9 (a) CONSTRUCTION AND ACQUISITION.—Using

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2304(a)(5)(A), the Secretary of the

12 Air Force may construct or acquire family housing units

13 (including land acquisition) at the installations, for the

14 purposes, and in the amounts set forth in the following

15 table:

Air Force: Family Housing

State Installation or location Purpose Amount

California ...................... Edwards Air Force Base ... 57 Units ...... $9,870,000
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Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Travis Air Force Base ...... 64 Units ...... $9,870,000

District of Columbia ..... Bolling Air Force Base ..... 136 Units .... $17,137,000

Idaho ............................. Mountain Home Air Force

Base ............................... 119 Units .... $10,598,000

Nevada .......................... Nellis Air Force Base ........ 26 Units ...... $5,000,000

North Dakota ............... Cavalier Air Force Station 2 Units ........ $443,000

Minot Air Force Base ....... 134 Units .... $19,097,000

Total: ....... $72,015,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(5)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $12,760,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States

11 Code, and using amounts appropriated pursuant to the

12 authorization of appropriations in section 2304(a)(5)(A),

13 the Secretary of the Air Force may improve existing mili14 tary family housing units in an amount not to exceed

15 $174,046,000.

16 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

17 FORCE.

18 (a) IN GENERAL.—Funds are hereby authorized to

19 be appropriated for fiscal years beginning after September

20 30, 2000, for military construction, land acquisition, and
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1 military family housing functions of the Department of the

2 Air Force in the total amount of $1,943,069,000, as fol3 lows:

4 (1) For military construction projects inside the

5 United States authorized by section 2301(a),

6 $736,355,000.

7 (2) For military construction projects outside

8 the United States authorized by section 2301(b),

9 $47,875,000.

10 (3) For unspecified minor construction projects

11 authorized by section 2805 of title 10, United States

12 Code, $11,350,000.

13 (4) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $74,628,000.

16 (5) For military housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $258,821,000.

20 (B) For support of military family housing

21 (including functions described in section 2833

22 of title 10, United States Code), $826,271,000.

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and
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1 any other cost variation authorized by law, the total cost

2 of all projects carried out under section 2301 of this Act

3 may not exceed—

4 (1) the total amount authorized to be appro5 priated under paragraphs (1) and (2) of subsection

6 (a); and

7 (2) $9,400,000 (the balance of the amount au8 thorized under section 2301(a) for the construction

9 of an air freight terminal and base supply complex

10 at McGuire Air Force Base, New Jersey).

11 (c) ADJUSTMENT.—The total amount authorized to

12 be appropriated pursuant to paragraphs (1) through (5)

13 of subsection (a) is the sum of the amounts authorized

14 to be appropriated in such paragraphs, reduced by

15 $12,231,000, which represents the combination of savings

16 resulting from adjustments to foreign currency exchange

17 rates for military family housing construction and military

18 family housing support outside the United States.

19 TITLE XXIV—DEFENSE

20 AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition

projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 1990

project.
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1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC2 TION AND LAND ACQUISITION PROJECTS.

3 (a) INSIDE THE UNITED STATES.—Using amounts

4 appropriated pursuant to the authorization of appropria5 tions in section 2403(a)(1), the Secretary of Defense may

6 acquire real property and carry out military construction

7 projects for the installations and locations inside the

8 United States, and in the amounts, set forth in the fol9 lowing table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization ..... Aberdeen Proving Ground ................ $3,100,000

Defense Education Activity .. Camp Lejeune, North Carolina ........ $5,914,000

Laurel Bay, South Carolina ............. $804,000

Defense Logistics Agency ..... Defense Distribution Depot Susquehanna, New Cumberland, Pennsylvania ............................................. $17,700,000

Defense Fuel Support Point, Cherry

Point, North Carolina ................... $5,700,000

Defense Fuel Support Point,

MacDill Air Force Base, Florida .. $16,956,000

Defense Fuel Support Point,

McConnell Air Force Base, Kansas ................................................. $11,000,000

Defense Fuel Support Point, Naval

Air Station, Fallon, Nevada ......... $5,000,000

Defense Fuel Support Point, North

Island, California .......................... $5,900,000

Defense Fuel Support Point, Oceana

Naval Air Station, Virginia .......... $2,000,000

Defense Fuel Support Point, Patuxent River, Maryland ...................... $8,300,000

Defense Fuel Support Point,

Twentynine Palms, California ...... $2,200,000

Defense Supply Center, Richmond,

Virginia ......................................... $4,500,000

National Security Agency ..... Fort Meade, Maryland ..................... $4,228,000

Special Operations Command Eglin Auxiliary Field 9, Florida ....... $23,204,000

Fleet Combat Training Center, Dam

Neck, Virginia ............................... $5,500,000

Fort Bragg, North Carolina ............. $8,600,000

Fort Campbell, Kentucky ................. $16,300,000

Naval Air Station, North Island,

California ...................................... $1,350,000

Naval Air Station, Oceana, Virginia $3,400,000

Naval Amphibious Base, Coronado,

California ...................................... $4,300,000

Naval Amphibious Base, Little

Creek, Virginia ............................. $5,400,000

Pearl Harbor, Hawaii ....................... $9,900,000
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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

TRICARE Management Activity .................................. Edwards Air Force Base, California $17,900,000

Marine Corps Base, Camp Pendleton, California .......................... $14,150,000

Eglin Air Force Base, Florida ......... $37,600,000

Fort Drum, New York ..................... $1,400,000

Patrick Air Force Base, Florida ...... $2,700,000

Tyndall Air Force Base, Florida ...... $7,700,000

William Beaumont Medical Center,

Texas ............................................ $4,200,000

Total: ............................................ $256,906,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the fol7 lowing table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity .. Hanau, Germany .............................. $2,030,000

Hohenfels, Germany ......................... $13,774,000

Osan, Korea ...................................... $892,000

Royal Air Force, Feltwell, United

Kingdom ....................................... $1,800,000

Royal Air Force, Lakenheath,

United Kingdom ........................... $5,650,000

Schweinfurt, Germany ...................... $1,750,000

Seoul, Korea ..................................... $2,451,000

Sigonella, Italy .................................. $3,450,000

Taegu, Korea .................................... $806,000

Wuerzburg, Germany ....................... $2,635,000

Defense Finance and Accounting Service ................ Kleber Kaserne, Germany ................ $7,500,000

Defense Logistics Agency ..... Defense Fuel Support Point, Andersen Air Force Base, Guam ........... $36,000,000

Defense Fuel Support Point, Marine

Corps Air Station, Iwakuni,

Japan ............................................ $22,400,000

Defense Fuel Support Point, Misawa

Air Base, Japan ............................ $26,400,000

Defense Fuel Support Point, Royal

Air Force, Mildenhall, United

Kingdom ....................................... $10,000,000

Defense Fuel Support Point,

Sigonella, Italy .............................. $16,300,000

Defense Threat Reduction

Agency ............................... Darmstadt, Germany ........................ $2,450,000
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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

Special Operations Command Roosevelt Roads, Puerto Rico .......... $1,241,000

Taegu, Korea .................................... $1,450,000

TRICARE Management

Agency ............................... Kitzingen, Germany .......................... $1,400,000

Wiesbaden Air Base, Germany ......... $7,187,000

Total: ............................................ $167,566,000

1 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap2 propriated pursuant to the authorization of appropriations

3 in section 2403(a)(3), the Secretary of Defense may ac4 quire real property and carry out military construction

5 projects for the installations and locations, and in the

6 amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide .......... Unspecified Worldwide ..................... $451,135,000

7 SEC. 2402. ENERGY CONSERVATION PROJECTS.

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2403(a)(7), the Sec10 retary of Defense may carry out energy conservation

11 projects under section 2865 of title 10, United States

12 Code, in the amount of $15,000,000.

13 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE14 FENSE AGENCIES.

15 (a) IN GENERAL.—Subject to subsection (c), funds

16 are hereby authorized to be appropriated for fiscal years

17 beginning after September 30, 2000, for military con18 struction, land acquisition, and military family housing
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1 functions of the Department of Defense (other than the

2 military departments), in the total amount of

3 $1,883,902,000 as follows:

4 (1) For military construction projects inside the

5 United States authorized by section 2401(a),

6 $256,906,000.

7 (2) For military construction projects outside

8 the United States authorized by section 2401(b),

9 $167,566,000.

10 (3) For military construction projects at un11 specified worldwide locations authorized by section

12 2401(c), $85,095,000.

13 (4) For unspecified minor construction projects

14 under section 2805 of title 10, United States Code,

15 $17,390,000.

16 (5) For contingency construction projects of the

17 Secretary of Defense under section 2804 of title 10,

18 United States Code, $6,000,000.

19 (6) For architectural and engineering services

20 and construction design under section 2807 of title

21 10, United States Code, $77,505,000.

22 (7) For energy conservation projects authorized

23 by section 2402 of this Act, $15,000,000.

24 (8) For base closure and realignment activities

25 as authorized by the Defense Base Closure and Re-
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1 alignment Act of 1990 (part A of title XXIX of

2 Public Law 101–510; 10 U.S.C. 2687 note),

3 $1,024,369,000.

4 (9) For military family housing functions, for

5 support of military housing (including functions de6 scribed in section 2833 of title 10, United States

7 Code), $44,886,000 of which not more than

8 $38,478,000 may be obligated or expended for the

9 leasing of military family housing units worldwide.

10 (10) For the construction of an ammunition de11 militarization facility, Pine Bluff Arsenal, Arkansas,

12 authorized by section 2401(a) of the Military Con13 struction Authorization Act for Fiscal Year 1995

14 (division B of Public Law 103–337; 108 Stat.

15 3040), as amended by section 2407 of the Military

16 Construction Authorization Act for Fiscal Year 1996

17 (division B of Public Law 104–106; 110 Stat. 539),

18 section 2408 of the Military Construction Authoriza19 tion Act for Fiscal Year 1998 (division B of Public

20 Law 105–85; 111 Stat. 1982), and section 2406 of

21 the Military Construction Authorization Act for Fis22 cal Year 1999 (division B of Public Law 105–261;

23 112 Stat. 2197), $43,600,000.

24 (11) For the construction of phase 6 of an am25 munition demilitarization facility, Umatilla Army
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1 Depot, Oregon, authorized by section 2401(a) of the

2 Military Construction Authorization Act for Fiscal

3 Year 1995, as amended by section 2407 of the Mili4 tary Construction Authorization Act for Fiscal Year

5 1996, section 2408 of the Military Construction Au6 thorization Act for Fiscal Year 1998, and section

7 2406 of the Military Construction Authorization Act

8 for Fiscal Year 1999, $9,400,000.

9 (12) For the construction of phase 2 of an am10 munition demilitarization facility, Pueblo Army

11 Depot, Colorado, authorized by section 2401(a) of

12 the Military Construction Authorization Act for Fis13 cal Year 1997 (division B of Public Law 104–201;

14 110 Stat. 2775), as amended by section 2406 of the

15 Military Construction Authorization Act for Fiscal

16 Year 2000 (division B of Public Law 106–65; 113

17 Stat. 839), $10,700,000.

18 (13) For the construction of phase 3 of an am19 munition demilitarization facility, Newport Army

20 Depot, Indiana, authorized by section 2401(a) of the

21 Military Construction Authorization Act for Fiscal

22 Year 1999 (112 Stat. 2193), $54,400,000.

23 (14) For the construction of phase 3 of an am24 munition demilitarization facility, Aberdeen Proving

25 Ground, Maryland, authorized by section 2401(a) of
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1 the Military Construction Authorization Act for Fis2 cal Year 1999, $45,700,000.

3 (15) For construction of a replacement hospital

4 at Fort Wainwright, Alaska, authorized by section

5 2401(a) of the Military Construction Authorization

6 Act for Fiscal Year 2000 (113 Stat. 836),

7 $44,000,000.

8 (16) For the construction of the Ammunition

9 Demilitarization Support Phase 2, Blue Grass Army

10 Depot, Kentucky, authorized by section 2401(a) of

11 the Military Construction Act for Fiscal Year 2000,

12 $8,500,000.

13 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

14 PROJECTS.—Notwithstanding the cost variations author15 ized by section 2853 of title 10, United States Code, and

16 any other cost variations authorized by law, the total cost

17 of all projects carried out under section 2401 of this Act

18 may not exceed—

19 (1) the total amount authorized to be appro20 priated under paragraphs (1) and (2) of subsection

21 (a); and

22 (2) $366,040,000 (the balance of the amount

23 authorized under section 2401(c) for construction of

24 National Missile Defense Initial Deployment Facili25 ties, Unspecified Worldwide locations).
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1 (c) ADJUSTMENT.—The total amount authorized to

2 be appropriated pursuant to paragraphs (1) through (16)

3 of subsection (a) is the sum of the amounts authorized

4 to be appropriated by such paragraphs, reduced by—

5 (1) $7,115,000, which represents the combina6 tion of savings resulting from adjustments to foreign

7 currency exchange rates for military construction

8 outside the United States; and

9 (2) $20,000,000, which represents the combina10 tion of project savings in military construction for

11 chemical demilitarization resulting from favorable

12 bids, reduced overhead charges, and cancellations

13 due to force structure changes.

14 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT

15 CERTAIN FISCAL YEAR 1990 PROJECT.

16 (a) MODIFICATION.—Section 2401(a) of the Military

17 Construction Authorization Act for Fiscal Years 1990 and

18 1991 (division B of Public Law 101–189), as amended

19 by section 2407 of the Military Construction Authoriza20 tion Act for Fiscal Year 1999 (division B of Public Law

21 105–261; 112 Stat. 2197), is amended in the item relating

22 to Portsmouth Naval Hospital, Virginia, by striking

23 ‘‘$351,354,000’’ and inserting ‘‘$359,854,000’’.

24 (b) CONFORMING AMENDMENT.—Section 2405(b)(2)

25 of the Military Construction Authorization Act for Fiscal
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1 Years 1990 and 1991, as amended by section 2407 of the

2 Military Construction Authorization Act for Fiscal Year

3 1999, is amended by striking ‘‘$342,854,000’’ and insert4 ing ‘‘$351,354,000’’.

5 TITLE XXV—NORTH ATLANTIC

6 TREATY ORGANIZATION SE7 CURITY INVESTMENT PRO8 GRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

9 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

10 ACQUISITION PROJECTS.

11 The Secretary of Defense may make contributions for

12 the North Atlantic Treaty Organization Security Invest13 ment program as provided in section 2806 of title 10,

14 United States Code, in an amount not to exceed the sum

15 of the amount authorized to be appropriated for this pur16 pose in section 2502 and the amount collected from the

17 North Atlantic Treaty Organization as a result of con18 struction previously financed by the United States.

19 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

20 Funds are hereby authorized to be appropriated for

21 fiscal years beginning after September 30, 2000, for con22 tributions by the Secretary of Defense under section 2806

23 of title 10, United States Code, for the share of the United

24 States of the cost of projects for the North Atlantic Treaty
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1 Organization Security Investment program authorized by

2 section 2501, in the amount of $172,000,000.

3 TITLE XXVI—GUARD AND

4 RESERVE FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

Sec. 2602. Authority to contribute to construction of airport tower, Cheyenne

Airport, Cheyenne, Wyoming.

5 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC6 TION AND LAND ACQUISITION PROJECTS.

7 There are authorized to be appropriated for fiscal

8 years beginning after September 30, 2000, for the costs

9 of acquisition, architectural and engineering services, and

10 construction of facilities for the Guard and Reserve

11 Forces, and for contributions therefor, under chapter

12 1803 of title 10, United States Code (including the cost

13 of acquisition of land for those facilities), the following

14 amounts:

15 (1) For the Department of the Army—

16 (A) for the Army National Guard of the

17 United States, $266,531,000; and

18 (B) for the Army Reserve, $108,738,000.

19 (2) For the Department of the Navy, for the

20 Naval and Marine Corps Reserve, $62,073,000.

21 (3) For the Department of the Air Force—

22 (A) for the Air National Guard of the

23 United States, $194,929,000; and
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1 (B) for the Air Force Reserve,

2 $36,591,000.

3 SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION

4 OF AIRPORT TOWER, CHEYENNE AIRPORT,

5 CHEYENNE, WYOMING.

6 The Secretary of the Air Force may use up to

7 $1,450,000 of the amounts appropriated pursuant to the

8 authorization of appropriations in section 2601(3)(A) to

9 make a contribution to the Cheyenne Airport Authority,

10 consistent with applicable agreements, to the costs of con11 struction of a new airport tower at Cheyenne Airport,

12 Cheyenne, Wyoming.

13 TITLE XXVII—EXPIRATION AND

14 EXTENSION OF AUTHORIZA15 TIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified

by law.

Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects.

Sec. 2704. Effective date.

16 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

17 AMOUNTS REQUIRED TO BE SPECIFIED BY

18 LAW.

19 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

20 YEARS.—Except as provided in subsection (b), all author21 izations contained in titles XXI through XXVI for military

22 construction projects, land acquisition, family housing

23 projects and facilities, and contributions to the North At-
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1 lantic Treaty Organization Security Investment program

2 (and authorizations of appropriations therefor) shall ex3 pire on the later of—

4 (1) October 1, 2003; or

5 (2) the date of the enactment of an Act author6 izing funds for military construction for fiscal year

7 2004.

8 (b) EXCEPTION.—Subsection (a) shall not apply to

9 authorizations for military construction projects, land ac10 quisition, family housing projects and facilities, and con11 tributions to the North Atlantic Treaty Organization Se12 curity Investment program (and authorizations of appro13 priations therefor) for which appropriated funds have been

14 obligated before the later of—

15 (1) October 1, 2003; or

16 (2) the date of the enactment of an Act author17 izing funds for fiscal year 2004 for military con18 struction projects, land acquisition, family housing

19 projects and facilities, or contributions to the North

20 Atlantic Treaty Organization Security Investment

21 program.

22 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

23 FISCAL YEAR 1998 PROJECTS.

24 (a) EXTENSION.—Notwithstanding section 2701 of

25 the Military Construction Authorization Act for Fiscal
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1 Year 1998 (division B of Public Law 105–85; 111 Stat.

2 1984), authorizations set forth in the tables in subsection

3 (b), as provided in section 2102, 2202, or 2302 of that

4 Act, shall remain in effect until October 1, 2001, or the

5 date of the enactment of an Act authorizing funds for mili6 tary construction for fiscal year 2002, whichever is later.

7 (b) TABLES.—The tables referred to in subsection (a)

8 are as follows:

Army: Extension of 1998 Project Authorizations

State Installation or location Project Amount

Maryland ...................... Fort Meade ................. Family Housing

Construction

(56 units) .... $7,900,000

Texas ............................ Fort Hood ................... Family Housing

Construction

(130 units) .. $18,800,000

Navy: Extension of 1998 Project Authorizations

State Installation or location Project Amount

California ...................... Naval Complex, San

Diego ....................... Replacement

Family Housing Construction (94

units) ........... $13,500,000

California ...................... Marine Corps Air Station, Miramar .......... Family Housing

Construction

(166 units) .. $28,881,000

California ...................... Marine Corps AirGround Combat Center, Twentynine

Palms ....................... Replacement

Family Housing Construction (132

units) ........... $23,891,000

Louisiana ...................... Naval Complex, New

Orleans .................... Replacement

Family Housing Construction (100

units) ........... $11,930,000

Texas ............................ Naval Air Station, Corpus Christi ............... Family Housing

Construction

(212 units) .. $22,250,000
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Navy: Extension of 1998 Project Authorizations—Continued

State Installation or location Project Amount

Washington ................... Naval Air Station,

Whidbey Island ........ Replacement

Family Housing Construction (102

units) ........... $16,000,000

Air Force: Extension of 1998 Project Authorizations

State Installation or location Project Amount

Georgia ......................... Robins Air Force Base Replace Family

Housing (60

units) ........... $6,800,000

Idaho ............................ Mountain Home Air

Force Base .............. Replace Family

Housing (60

units) ........... $11,032,000

New Mexico .................. Kirtland Air Force

Base ......................... Replace Family

Housing (180

units) ........... $20,900,000

Texas ............................ Dyess Air Force Base Construct Family Housing

(70 units) .... $10,503,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1997 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of

4 the Military Construction Authorization Act for Fiscal

5 Year 1997 (division B of Public Law 104–201; 110 Stat.

6 2782), authorizations set forth in the tables in subsection

7 (b), as provided in section 2201, 2202, or 2601 of that

8 Act and extended by section 2702 of the Military Con9 struction Authorization Act for Fiscal Year 2000 (division

10 B of Public Law 106–65; 113 Stat. 842), shall remain

11 in effect until October 1, 2001, or the date of the enact12 ment of an Act authorizing funds for military construction

13 for fiscal year 2002, whichever is later.
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1 (b) TABLES.—The tables referred to in subsection (a)

2 are as follows:

Navy: Extension of 1997 Project Authorizations

State Installation or location Project Amount

Florida .......................... Navy Station, Mayport Family Housing

Construction

(100 units) .. $10,000,000

North Carolina ............. Marine Corps Base,

Camp Lejuene ......... Family Housing

Construction

(94 units) .... $10,110,000

South Carolina ............. Marine Corps Air Station, Beaufort .......... Family Housing

Construction

(140 units) .. $14,000,000

Texas ............................ Naval Complex, Corpus

Christi ...................... Family Housing

Replacement

(104 units) .. $11,675,000

Naval Air Station,

Kingsville ................. Family Housing

Replacement

(48 units) .... $7,550,000

Virginia ......................... Marine Corps Combat

Development Command, Quantico ....... Sanitary landfill $8,900,000

Washington ................... Naval Station, Everett Family Housing

Construction

(100 units) .. $15,015,000

Army National Guard: Extension of 1997 Project Authorization

State Installation or location Project Amount

Mississippi .................... Camp Shelby ............... Multipurpose

Range Complex (Phase

II) ................ $5,000,000

3 SEC. 2704. EFFECTIVE DATE.

4 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI

5 shall take effect on the later of—

6 (1) October 1, 2000; or

7 (2) the date of the enactment of this Act.

8 TITLE XXVIII—GENERAL

9 PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes
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Sec. 2801. Joint use military construction projects.

Sec. 2802. Exclusion of certain costs from determination of applicability of limitation on use of funds for improvement of family housing.

Sec. 2803. Revision of space limitations for military family housing.

Sec. 2804. Modification of lease authority for high-cost military family housing.

Sec. 2805. Provision of utilities and services under alternative authority for acquisition and improvement of military housing.

Sec. 2806. Extension of alternative authority for acquisition and improvement

of military housing.

Sec. 2807. Expansion of definition of armory to include readiness centers.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Increase in threshold for notice and wait requirements for real property transactions.

Sec. 2812. Enhancement of authority of military departments to lease non-excess property.

Sec. 2813. Conveyance authority regarding utility systems of military departments.

Sec. 2814. Permanent conveyance authority to improve property management.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Scope of agreements to transfer property to redevelopment authorities without consideration under the base closure laws.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.

Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.

Sec. 2833. Land conveyance, Charles Melvin Price Support Center, Illinois.

Sec. 2834. Land conveyance, Fort Riley, Kansas.

Sec. 2835. Land conveyance, Fort Polk, Louisiana.

Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota.

Sec. 2837. Land conveyance, Fort Dix, New Jersey.

Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania.

Sec. 2839. Land exchange, Army Reserve Local Training Center, Chattanooga,

Tennessee.

Sec. 2840. Land exchange, Fort Hood, Texas.

Sec. 2841. Land conveyance, Fort Pickett, Virginia.

Sec. 2842. Land conveyance, Fort Lawton, Washington.

Sec. 2843. Land conveyance, Vancouver Barracks, Washington.

PART II—NAVY CONVEYANCES

Sec. 2846. Modification of land conveyance, Marine Corps Air Station, El Toro,

California.

Sec. 2847. Modification of authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property.

Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station, Miramar, California.

Sec. 2849. Land exchange, Marine Corps Recruit Depot, San Diego, California.

Sec. 2850. Lease of property, Naval Air Station, Pensacola, Florida.

Sec. 2851. Land conveyance, Naval Reserve Center, Tampa, Florida.
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Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, Casco

Bay, Maine.

Sec. 2853. Land conveyance, Naval Computer and Telecommunications Station,

Cutler, Maine.

Sec. 2854. Modification of land conveyance authority, former Naval Training

Center, Bainbridge, Cecil County, Maryland.

Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina.

Sec. 2856. Land exchange, Naval Air Reserve Center, Columbus, Ohio.

Sec. 2857. Land conveyance, Naval Station, Bremerton, Washington.

PART III—AIR FORCE CONVEYANCES

Sec. 2861. Land conveyance, Los Angeles Air Force Base, California.

Sec. 2862. Land conveyance, Point Arena Air Force Station, California.

Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado.

Sec. 2864. Land conveyance, Wright Patterson Air Force Base, Ohio.

Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base, South

Dakota.

Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington.

PART IV—OTHER CONVEYANCES

Sec. 2871. Land conveyance, Army and Air Force Exchange Service property,

Farmers Branch, Texas.

Sec. 2872. Land conveyance, former National Ground Intelligence Center,

Charlottesville, Virginia.

Subtitle E—Other Matters

Sec. 2881. Relation of easement authority to leased parkland, Marine Corps

Base, Camp Pendleton, California.

Sec. 2882. Extension of demonstration project for purchase of fire, security, police, public works, and utility services from local government

agencies.

Sec. 2883. Acceptance and use of gifts for construction of third building at

United States Air Force Museum, Wright-Patterson Air Force

Base, Ohio.

Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps

Base, Quantico, Virginia.

Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station, Nevada.

Sec. 2886. Establishment of World War II memorial on Guam.

Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll as the

Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein

Atoll.

Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor of Andrew T. McNamara.

Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California, in

honor of Bob Wilson, a former member of the House of Representatives.

Sec. 2890. Sense of Congress regarding importance of expansion of National

Training Center, Fort Irwin, California.

Sec. 2891. Sense of Congress regarding land transfers at Melrose Range, New

Mexico, and Yakima Training Center, Washington.
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1 Subtitle A—Military Construction

2 Program and Military Family

3 Housing Changes

4 SEC. 2801. JOINT USE MILITARY CONSTRUCTION

5 PROJECTS.

6 (a) SENSE OF CONGRESS ON JOINT USE

7 PROJECTS.—It is the sense of Congress that when the

8 Secretary of Defense assists the President in preparing

9 the budget for the Department of Defense for a fiscal year

10 for submission to Congress under section 1105 of title 31,

11 United States Code, the Secretary of Defense should—

12 (1) seek to identify military construction

13 projects that are suitable as joint use military con14 struction projects;

15 (2) specify in the budget for the fiscal year the

16 military construction projects that are identified

17 under paragraph (1); and

18 (3) give priority in the budget for the fiscal

19 year to the military construction projects specified

20 under paragraph (2).

21 (b) ANNUAL EVALUATION OF JOINT USE

22 PROJECTS.—(1) Subchapter I of chapter 169 of title 10,

23 United States Code, is amended by adding at the end the

24 following new section:
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1 ‘‘§ 2815. Joint use military construction projects: an2 nual evaluation

3 ‘‘(a) JOINT USE MILITARY CONSTRUCTION PROJECT

4 DEFINED.—In this section, the term ‘joint use military

5 construction project’ means a military construction project

6 for a facility intended to be used by—

7 ‘‘(1) both the active and a reserve component of

8 a single armed force; or

9 ‘‘(2) two or more components (whether active

10 or reserve components) of the armed forces.

11 ‘‘(b) ANNUAL EVALUATION.—In the case of the

12 budget submitted under section 1105 of title 31 for fiscal

13 year 2003 and each fiscal year thereafter, the Secretary

14 of Defense shall include in the budget justification mate15 rials submitted to Congress in support of the budget a

16 certification by each Secretary concerned that, in evalu17 ating military construction projects for inclusion in the

18 budget for that fiscal year, the Secretary concerned evalu19 ated the feasibility of carrying out the projects as joint

20 use military construction projects.’’.

21 (2) The table of sections at the beginning of such sub22 chapter is amended by adding at the end the following

23 new item:

‘‘2815. Joint use military construction projects: annual evaluation.’’.
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1 SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETER2 MINATION OF APPLICABILITY OF LIMITATION

3 ON USE OF FUNDS FOR IMPROVEMENT OF

4 FAMILY HOUSING.

5 Section 2825(b) of title 10, United States Code, is

6 amended—

7 (1) by redesignating paragraph (3) as para8 graph (4); and

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph (3):

11 ‘‘(3) In determining the applicability of the limitation

12 contained in paragraph (1), the Secretary concerned shall

13 not include as part of the cost of the improvement of the

14 unit or units concerned the following:

15 ‘‘(A) The cost of the installation of communica16 tions, security, or antiterrorism equipment required

17 by an occupant of the unit or units to perform du18 ties assigned to the occupant as a member of the

19 armed forces.

20 ‘‘(B) The cost of the maintenance or repair of

21 equipment described in subparagraph (A) installed

22 for the purpose specified in such subparagraph.’’.

23 SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILI24 TARY FAMILY HOUSING.

25 (a) IN GENERAL.—(1) Section 2826 of title 10,

26 United States Code, is amended to read as follows:
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1 ‘‘§ 2826. Military family housing: local comparability

2 of room patterns and floor areas

3 ‘‘(a) LOCAL COMPARABILITY.—In the construction,

4 acquisition, and improvement of military family housing,

5 the Secretary concerned shall ensure that the room pat6 terns and floor areas of military family housing in a par7 ticular locality (as designated by the Secretary concerned

8 for purposes of this section) are similar to room patterns

9 and floor areas of similar housing in the private sector

10 in that locality.

11 ‘‘(b) REQUESTS FOR AUTHORITY FOR MILITARY

12 FAMILY HOUSING.—(1) In submitting to Congress a re13 quest for authority to carry out the construction, acquisi14 tion, or improvement of military family housing, the Sec15 retary concerned shall include in the request information

16 on the net floor area of each unit of military family hous17 ing to be constructed, acquired, or improved under the au18 thority.

19 ‘‘(2) In this subsection, the term ‘net floor area’, in

20 the case of a military family housing unit, means the total

21 number of square feet of the floor space inside the exterior

22 walls of the unit, excluding the floor area of an unfinished

23 basement, an unfinished attic, a utility space, a garage,

24 a carport, an open or insect-screened porch, a stairwell,

25 and any space used for a solar-energy system.’’.
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1 (2) The table of sections at the beginning of sub2 chapter II of chapter 169 of that title is amended by strik3 ing the item relating to section 2826 and inserting the

4 following new item:

‘‘2826. Military family housing: local comparability of room patterns and floor

areas.’’.

5 (b) EFFECTIVE DATE.—(1) The amendments made

6 by subsection (a) shall take effect on October 1, 2001,

7 but the Secretary of Defense shall anticipate the require8 ments of section 2826 of title 10, United States Code, as

9 added by such subsection, when preparing the budget re10 quest for new construction, acquisition, or improvement

11 of military family housing for fiscal year 2002.

12 (2) Section 2826 of title 10, United States Code, as

13 in effect on September 30, 2001, shall continue to apply

14 with respect to the construction, acquisition, or improve15 ment of military family housing commenced on or before

16 that date.

17 SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR

18 HIGH-COST MILITARY FAMILY HOUSING.

19 (a) LEASES FOR UNITED STATES SOUTHERN COM20 MAND.—Paragraph (4) of section 2828(b) of title 10,

21 United States Code, is amended—

22 (1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

23 (2) by striking the second sentence; and
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1 (3) by adding at the end the following new sub2 paragraphs:

3 ‘‘(B) The amount of all leases under this paragraph

4 may not exceed $280,000 per year, as adjusted from time

5 to time under paragraph (6).

6 ‘‘(C) The term of any lease under this paragraph may

7 not exceed 5 years.’’.

8 (b) ANNUAL ADJUSTMENT OF MAXIMUM LEASE

9 AMOUNTS.—Such section is further amended by striking

10 paragraph (5) and inserting the following new paragraphs:

11 ‘‘(5) At the beginning of each fiscal year, the Sec12 retary concerned shall adjust the maximum lease amount

13 provided for leases under paragraphs (2) and (3) for the

14 previous fiscal year by the percentage (if any) by which

15 the national average monthly cost of housing (as cal16 culated for purposes of determining rates of basic allow17 ance for housing under section 403 of title 37) for the

18 preceding fiscal year exceeds the national average monthly

19 cost of housing (as so calculated) for the fiscal year before

20 such preceding fiscal year.

21 ‘‘(6) At the beginning of each fiscal year, the Sec22 retary of the Army shall adjust the maximum aggregate

23 amount for leases under paragraph (4) for the previous

24 fiscal year by the percentage (if any) by which the annual

25 average cost of housing for the Miami Military Housing
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1 Area (as calculated for purposes of determining rates of

2 basic allowance for housing under section 403 of title 37)

3 for the preceding fiscal year exceeds the annual average

4 cost of housing for the Miami Military Housing Area (as

5 so calculated) for the fiscal year before such preceding fis6 cal year.’’.

7 (c) CONFORMING AMENDMENTS.—Such section is

8 further amended—

9 (1) in paragraph (2), by inserting after ‘‘per

10 year’’ the following: ‘‘, as adjusted from time to

11 under paragraph (5)’’; and

12 (2) in paragraph (3), by striking ‘‘$12,000 per

13 unit per year but does not exceed $14,000 per unit

14 per year’’ and inserting ‘‘the maximum amount per

15 unit per year in effect under paragraph (2) but does

16 not exceed $14,000 per unit per year, as adjusted

17 from time to time under paragraph (5)’’.

18 SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER

19 ALTERNATIVE AUTHORITY FOR ACQUISITION

20 AND IMPROVEMENT OF MILITARY HOUSING.

21 (a) AUTHORITY TO FURNISH ON REIMBURSABLE

22 BASIS.—Subchapter IV of chapter 169 of title 10, United

23 States Code, is amended by inserting after section 2872

24 the following new section:
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1 ‘‘§ 2872a. Utilities and services

2 ‘‘(a) AUTHORITY TO FURNISH.—The Secretary con3 cerned may furnish utilities and services referred to in

4 subsection (b) in connection with any military housing ac5 quired or constructed pursuant to the exercise of any au6 thority or combination of authorities under this sub7 chapter if the military housing is located on a military in8 stallation.

9 ‘‘(b) COVERED UTILITIES AND SERVICES.—The utili10 ties and services that may be furnished under subsection

11 (a) are the following:

12 ‘‘(1) Electric power.

13 ‘‘(2) Steam.

14 ‘‘(3) Compressed air.

15 ‘‘(4) Water.

16 ‘‘(5) Sewage and garbage disposal.

17 ‘‘(6) Natural gas.

18 ‘‘(7) Pest control.

19 ‘‘(8) Snow and ice removal.

20 ‘‘(9) Mechanical refrigeration.

21 ‘‘(10) Telecommunications service.

22 ‘‘(c) REIMBURSEMENT.—(1) The Secretary con23 cerned shall be reimbursed for any utilities or services fur24 nished under subsection (a).

25 ‘‘(2) The amount of any cash payment received under

26 paragraph (1) shall be credited to the appropriation or
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1 working capital account from which the cost of furnishing

2 the utilities or services concerned was paid. Amounts so

3 credited to an appropriation or account shall be merged

4 with funds in such appropriation or account, and shall be

5 available to the same extent, and subject to the same

6 terms and conditions, as such funds.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such subchapter is amended by insert9 ing after the item relating to section 2872 the following

10 new item:

‘‘2872a. Utilities and services.’’.

11 SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR

12 ACQUISITION AND IMPROVEMENT OF MILI13 TARY HOUSING.

14 Section 2885 of title 10, United States Code, is

15 amended by striking ‘‘February 10, 2001’’ and inserting

16 ‘‘December 31, 2004’’.

17 SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO IN18 CLUDE READINESS CENTERS.

19 (a) DEFINITION.—Section 18232(3) of title 10,

20 United States Code, is amended—

21 (1) in the first sentence, by striking ‘‘The term

22 ‘armory’ means’’ and inserting ‘‘The terms ‘armory’

23 and ‘readiness center’ mean’’; and

24 (2) in the second sentence, by striking ‘‘It in25 cludes’’ and inserting ‘‘Such terms include’’.
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1 (b) CONFORMING AMENDMENTS.—(1) Section

2 18232(2) of such title is amended by striking ‘‘armory or

3 other structure’’ and inserting ‘‘armory, readiness center,

4 or other structure’’.

5 (2) Section 18236(b) of such title by inserting ‘‘or

6 readiness center’’ after ‘‘armory’’.

7 Subtitle B—Real Property and

8 Facilities Administration

9 SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND

10 WAIT REQUIREMENTS FOR REAL PROPERTY

11 TRANSACTIONS.

12 (a) INCREASED THRESHOLD.—Section 2662 of title

13 10, United States Code, is amended by striking

14 ‘‘$200,000’’ each place it appears and inserting

15 ‘‘$500,000’’.

16 (b) REFERENCE TO SIMPLIFIED ACQUISITION

17 THRESHOLD.—Subsection (b) of such section is amended

18 by striking ‘‘under section 2304(g) of this title’’ and in19 serting ‘‘specified in section 4(11) of the Office of Federal

20 Procurement Policy Act (41 U.S.C. 403(11)),’’.
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1 SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY

2 DEPARTMENTS TO LEASE NON-EXCESS PROP3 ERTY.

4 (a) PROPERTY AVAILABLE FOR LEASE.—Subsection

5 (a) of section 2667 of title 10, United States Code, is

6 amended—

7 (1) by inserting ‘‘and’’ at the end of paragraph

8 (1);

9 (2) by striking paragraph (2); and

10 (3) by redesignating paragraph (3) as para11 graph (2).

12 (b) ACCEPTANCE OF IN-KIND CONSIDERATION.—

13 Such section is further amended—

14 (1) in subsection (b)(5)—

15 (A) by striking ‘‘improvement, mainte16 nance, protection, repair, or restoration,’’ and

17 inserting ‘‘alteration, repair, or improvement,’’;

18 and

19 (B) by striking ‘‘, or of the entire unit or

20 installation where a substantial part of it is

21 leased,’’;

22 (2) by transferring subsection (c) to the end of

23 the section and redesignating such subsection, as so

24 transferred, as subsection (i);

25 (3) by inserting after subsection (b) the fol26 lowing new subsection (c):
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1 ‘‘(c)(1) In addition to any in-kind consideration ac2 cepted under subsection (b)(5), in-kind consideration ac3 cepted with respect to a lease under this section may in4 clude the following:

5 ‘‘(A) Maintenance, protection, alteration, repair,

6 improvement, or restoration (including environ7 mental restoration) of property or facilities under

8 the control of the Secretary concerned.

9 ‘‘(B) Construction of new facilities for the Sec10 retary concerned.

11 ‘‘(C) Provision of facilities for use by the Sec12 retary concerned.

13 ‘‘(D) Facilities operation support for the Sec14 retary concerned.

15 ‘‘(E) Provision of such other services relating to

16 activities that will occur on the leased property as

17 the Secretary concerned considers appropriate.

18 ‘‘(2) In-kind consideration under paragraph (1) may

19 be accepted at any property or facilities under the control

20 of the Secretary concerned that are selected for that pur21 pose by the Secretary concerned.

22 ‘‘(3) Sections 2662 and 2802 of this title shall not

23 apply to any new facilities whose construction is accepted

24 as in-kind consideration under this subsection.
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1 ‘‘(4) In the case of a lease for which all or part of

2 the consideration proposed to be accepted by the Secretary

3 concerned under this subsection is in-kind consideration

4 with a value in excess of $500,000, the Secretary con5 cerned may not enter into the lease until 30 days after

6 the date on which a report on the facts of the lease is

7 submitted to the congressional defense committees.’’; and

8 (4) in subsection (f)—

9 (A) by striking paragraph (4); and

10 (B) by redesignating paragraph (5) as

11 paragraph (4).

12 (c) USE OF PROCEEDS.—Subsection (d)(1) of such

13 section is amended to read as follows:

14 ‘‘(d)(1)(A) The Secretary of a military department

15 shall deposit in a special account in the Treasury estab16 lished for such military department the following:

17 ‘‘(i) All money rentals received pursuant to

18 leases entered into by that Secretary under this sec19 tion.

20 ‘‘(ii) All proceeds received pursuant to the

21 granting of easements by that Secretary under sec22 tions 2668 and 2669 of this title.

23 ‘‘(iii) All proceeds received by that Secretary

24 from authorizing the temporary use of other prop25 erty under the control of that military department.
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1 ‘‘(B) Subparagraph (A) does not apply to the fol2 lowing proceeds:

3 ‘‘(i) Amounts paid for utilities and services fur4 nished lessees by the Secretary of a military depart5 ment pursuant to leases entered into under this sec6 tion.

7 ‘‘(ii) Money rentals referred to in paragraph (4)

8 or (5).

9 ‘‘(C) Subject to subparagraphs (D) and (E), the pro10 ceeds deposited in the special account of a military depart11 ment pursuant to subparagraph (A) shall be available to

12 the Secretary of that military department, in such

13 amounts as provided in appropriation Acts, for the fol14 lowing:

15 ‘‘(i) Maintenance, protection, alteration, repair,

16 improvement, or restoration (including environ17 mental restoration) of property or facilities.

18 ‘‘(ii) Construction or acquisition of new facili19 ties.

20 ‘‘(iii) Lease of facilities.

21 ‘‘(iv) Facilities operation support.

22 ‘‘(D) At least 50 percent of the proceeds deposited

23 in the special account of a military department under sub24 paragraph (A) shall be available for activities described
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1 in subparagraph (C) only at the military installation where

2 the proceeds were derived.

3 ‘‘(E) The Secretary concerned may not expend under

4 subparagraph (C) an amount in excess of $500,000 at a

5 single installation until 30 days after the date on which

6 a report on the facts of the proposed expenditure is sub7 mitted to the congressional defense committees.’’.

8 (d) CONGRESSIONAL NOTIFICATION.—Subsection

9 (d)(3) of such section is amended—

10 (1) in the matter preceding subparagraph (A),

11 by striking ‘‘As part’’ and all that follows through

12 ‘‘Secretary of Defense’’ and inserting ‘‘Not later

13 than March 15 each year, the Secretary of Defense

14 shall submit to the congressional defense committees

15 a report which’’; and

16 (2) in subparagraph (A), by striking ‘‘request’’

17 and inserting ‘‘report’’.

18 (e) DEFINITIONS.—Subsection (h) of such section is

19 amended to read as follows:

20 ‘‘(h) In this section:

21 ‘‘(1) The term ‘congressional defense commit22 tees’ means:

23 ‘‘(A) The Committee on Armed Services

24 and the Committee on Appropriations of the

25 Senate.
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1 ‘‘(B) The Committee on Armed Services

2 and the Committee on Appropriations of the

3 House of Representatives.

4 ‘‘(2) The term ‘base closure law’ means the fol5 lowing:

6 ‘‘(A) Section 2687 of this title.

7 ‘‘(B) The Defense Base Closure and Re8 alignment Act of 1990 (part A of title XXIX of

9 Public Law 101–510; 10 U.S.C. 2687 note).

10 ‘‘(C) Title II of the Defense Authorization

11 Amendments and Base Closure and Realign12 ment Act (Public Law 100–526; 10 U.S.C.

13 2687 note).

14 ‘‘(3) The term ‘military installation’ has the

15 meaning given such term in section 2687(e)(1) of

16 this title.’’.

17 (f) CONFORMING AMENDMENTS.—(1) Section 2668

18 of such title is amended by adding at the end the following

19 new subsection:

20 ‘‘(e) Subsection (d) of section 2667 of this title shall

21 apply with respect to proceeds received by the Secretary

22 of a military department in connection with an easement

23 granted under this section in the same manner as such

24 subsection applies to money rentals received pursuant to

25 leases entered into by that Secretary under such section.’’.
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1 (2) Section 2669 of such title is amended by adding

2 at the end the following new subsection:

3 ‘‘(e) Subsection (d) of section 2667 of this title shall

4 apply with respect to proceeds received by the Secretary

5 of a military department in connection with an easement

6 granted under this section in the same manner as such

7 subsection applies to money rentals received pursuant to

8 leases entered into by that Secretary under such section.’’.

9 SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY

10 SYSTEMS OF MILITARY DEPARTMENTS.

11 (a) SELECTION OF CONVEYEE.—Subsection (b) of

12 section 2688 of title 10, United States Code, is amended—

13 (1) by inserting ‘‘(1)’’ before ‘‘If more than

14 one’’; and

15 (2) by adding at the end the following new

16 paragraphs:

17 ‘‘(2) Notwithstanding paragraph (1), the Secretary

18 concerned may use procedures other than competitive pro19 cedures, but only in accordance with subsections (c)

20 through (f) of section 2304 of this title, to select the

21 conveyee of a utility system (or part of a utility system)

22 under subsection (a).

23 ‘‘(3) With respect to the solicitation process used in

24 connection with the conveyance of a utility system (or part

25 of a utility system) under subsection (a), the Secretary
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1 concerned shall ensure that the process is conducted in

2 a manner consistent with the laws and regulations of the

3 State in which the utility system is located to the extent

4 necessary to ensure that all interested regulated and un5 regulated utility companies and other interested entities

6 receive an opportunity to acquire and operate the utility

7 system to be conveyed.’’.

8 (b) APPLICABILITY OF REGULATORY REQUIRE9 MENTS.—Subsection (f) of such section is amended—

10 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

11 and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(2) The Secretary concerned shall require in any

15 contract for the conveyance of a utility system (or part

16 of a utility system) under subsection (a) that the conveyee

17 manage and operate the utility system in a manner con18 sistent with applicable Federal and State regulations per19 taining to health, safety, fire, and environmental require20 ments.’’.

21 SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IM22 PROVE PROPERTY MANAGEMENT.

23 Section 203(p)(1) of the Federal Property and Ad24 ministrative Services Act of 1949 (40 U.S.C. 484(p)(1))
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1 is amended by striking subparagraph (B) and inserting

2 the following new subparagraph:

3 ‘‘(B) The Administrator may exercise the authority

4 under subparagraph (A) with respect to such surplus real

5 and related property needed by the transferee or grantee

6 for—

7 ‘‘(i) law enforcement purposes, as determined

8 by the Attorney General; or

9 ‘‘(ii) emergency management response purposes,

10 including fire and rescue services, as determined by

11 the Director of the Federal Emergency Management

12 Agency.’’.

13 Subtitle C—Defense Base Closure

14 and Realignment

15 SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROP16 ERTY TO REDEVELOPMENT AUTHORITIES

17 WITHOUT CONSIDERATION UNDER THE BASE

18 CLOSURE LAWS.

19 (a) 1990 LAW.—Section 2905(b)(4)(B)(i) of the De20 fense Base Closure and Realignment Act of 1990 (part

21 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

22 note) is amended by striking ‘‘the transfer’’ and inserting

23 ‘‘the initial transfer of property’’.

24 (b) 1988 LAW.—Section 204(b)(4)(B)(i) of the De25 fense Authorization Amendments and Base Closure and
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1 Realignment Act (Public Law 100–526; 10 U.S.C. 2687

2 note) is amended by striking ‘‘the transfer’’ and inserting

3 ‘‘the initial transfer of property’’.

4 Subtitle D—Land Conveyances

5 PART I—ARMY CONVEYANCES

6 SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND AR7 SENAL, ILLINOIS.

8 (a) TRANSFER AUTHORIZED.—The Secretary of the

9 Army may transfer, without reimbursement, to the admin10 istrative jurisdiction of the Secretary of Veterans Affairs

11 a parcel of real property, including any improvements

12 thereon, consisting of approximately 23 acres and com13 prising a portion of the Rock Island Arsenal, Illinois.

14 (b) USE OF LAND.—The Secretary of Veterans Af15 fairs shall include the real property transferred under sub16 section (a) in the Rock Island National Cemetery and use

17 the transferred property as a national cemetery under

18 chapter 24 of title 38, United States Code.

19 (c) LEGAL DESCRIPTION.—The exact acreage and

20 legal description of the real property to be transferred

21 under this section shall be determined by a survey satis22 factory to the Secretary of the Army. The cost of the sur23 vey shall be borne by the Secretary of Veterans Affairs.

24 (d) ADDITIONAL TERMS AND CONDITIONS.—The

25 Secretary of the Army may require such additional terms
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1 and conditions in connection with the transfer under this

2 section as the Secretary of the Army considers appropriate

3 to protect the interests of the United States.

4 SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER,

5 GALESBURG, ILLINOIS.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Army may convey, without consideration, to Knox

8 County, Illinois (in this section referred to as the ‘‘Coun9 ty’’), all right, title, and interest of the United States in

10 and to a parcel of real property, including any improve11 ments thereon, in Galesburg, Illinois, consisting of ap12 proximately 4.65 acres and containing an Army Reserve

13 Center for the purpose of permitting the County to use

14 the parcel for municipal office space.

15 (b) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. The cost of the survey shall be

19 borne by the County.

20 (c) ADDITIONAL TERMS AND CONDITIONS.—The

21 Secretary may require such additional terms and condi22 tions in connection with the conveyance under subsection

23 (a) as the Secretary considers appropriate to protect the

24 interests of the United States.
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1 SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE

2 SUPPORT CENTER, ILLINOIS.

3 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary

4 of the Army may convey to the Tri-City Regional Port

5 District of Granite City, Illinois (in this section referred

6 to as the ‘‘Port District’’), all right, title, and interest of

7 the United States in and to a parcel of real property, in8 cluding any improvements thereon, consisting of approxi9 mately 752 acres and known as the Charles Melvin Price

10 Support Center, for the purpose of permitting the Port

11 District to use the parcel for development of a port facility

12 and for other public purposes.

13 (2) The property to be conveyed under paragraph (1)

14 shall include 158 units of military family housing at the

15 Charles Melvin Price Support Center for the purpose of

16 permitting the Port District to use the housing to provide

17 affordable housing, but only if the Port District agrees

18 to provide members of the Armed Forces first priority in

19 leasing the housing at a rental rate not to exceed the mem20 ber’s basic allowance for housing.

21 (3) The Secretary of the Army may include as part

22 of the conveyance under paragraph (1) personal property

23 of the Army at the Charles Melvin Price Support Center

24 that the Secretary of Transportation recommends is ap25 propriate for the development or operation of the port fa-
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1 cility and the Secretary of the Army agrees is excess to

2 the needs of the Army.

3 (b) INTERIM LEASE.—Until such time as the real

4 property described in subsection (a) is conveyed by deed,

5 the Secretary of the Army may lease the property to the

6 Port District.

7 (c) CONSIDERATION.—(1) The conveyance under

8 subsection (a) shall be made without consideration as a

9 public benefit conveyance for port development if the Sec10 retary of the Army determines that the Port District satis11 fies the criteria specified in section 203(q) of the Federal

12 Property and Administrative Services Act of 1949 (40

13 U.S.C. 484(q)) and regulations prescribed to implement

14 such section. If the Secretary determines that the Port

15 District fails to qualify for a public benefit conveyance,

16 but still desires to acquire the property, the Port District

17 shall pay to the United States an amount equal to the

18 fair market value of the property to be conveyed. The fair

19 market value of the property shall be determined by the

20 Secretary of the Army.

21 (2) The Secretary of the Army may accept as consid22 eration for a lease of the property under subsection (b)

23 an amount that is less than fair market value if the Sec24 retary determines that the public interest will be served

25 as a result of the lease.
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1 (d) ARMY RESERVE ACTIVITIES.—(1) Notwith2 standing the total acreage of the parcel authorized for con3 veyance under subsection (a), the Secretary of the Army

4 may retain up to 50 acres of the parcel for use by the

5 Army Reserve. The acreage selected for retention shall be

6 mutually agreeable to the Secretary and the Port District.

7 (2) At such time as the Secretary of the Army deter8 mines that the property retained under this subsection is

9 no longer needed for Army Reserve activities, the Sec10 retary shall convey the property to the Port District. The

11 consideration for the conveyance shall be determined in

12 the manner provided in subsection (c).

13 (e) FEDERAL LEASE OF FACILITIES.—(1) As a con14 dition for the conveyance under subsection (a), the Sec15 retary of the Army may require that the Port District

16 lease to the Department of Defense or any other Federal

17 agency facilities for use by the agency on the property

18 being conveyed. Any lease under this subsection shall be

19 made under terms and conditions satisfactory to the Sec20 retary and the Port District.

21 (2) The agency leasing a facility under this sub22 section shall provide for the maintenance of the facility

23 or pay the Port District to maintain the facility. Mainte24 nance of the leased facilities performed by the Port Dis25 trict shall be to the reasonable satisfaction of the United
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1 States, or as required by all applicable Federal, State, and

2 local laws and ordinances.

3 (3) At the end of a lease under this subsection, the

4 facility covered by the lease shall revert to the Port Dis5 trict.

6 (f) FLOOD CONTROL EASEMENT.—The Port District

7 shall grant to the Secretary of the Army an easement on

8 the property conveyed under subsection (a) for the pur9 pose of permitting the Secretary to implement and main10 tain flood control projects. The Secretary of the Army,

11 acting through the Corps of Engineers, shall be respon12 sible for the maintenance of any flood control project built

13 on the property pursuant to the easement.

14 (g) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the property to be conveyed under

16 subsection (a) shall be determined by a survey satisfactory

17 to the Secretary of the Army and the Port District. The

18 cost of such survey shall be borne by the Port District.

19 (h) ADDITIONAL TERMS.—The Secretary of the

20 Army may require such additional terms and conditions

21 in connection with the conveyance as the Secretary con22 siders appropriate to protect the interests of the United

23 States.
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1 SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of

3 the Army may convey, without consideration, to the State

4 of Kansas (in this section referred to as the ‘‘State’’), all

5 right, title, and interest of the United States in and to

6 a parcel of real property, including any improvements

7 thereon, consisting of approximately 70 acres at Fort

8 Riley Military Reservation, Fort Riley, Kansas. The pre9 ferred site is adjacent to the Fort Riley Military Reserva10 tion boundary, along the north side of Huebner Road

11 across from the First Territorial Capitol of Kansas His12 torical Site Museum.

13 (b) CONDITIONS OF CONVEYANCE.—The conveyance

14 under subsection (a) shall be subject to the conditions

15 that—

16 (1) the State use the property conveyed solely

17 for purposes of establishing and maintaining a

18 State-operated veterans cemetery; and

19 (2) all costs associated with the conveyance, in20 cluding the cost of relocating water and electric utili21 ties should the Secretary determine that such reloca22 tions are necessary, be borne by the State.

23 (c) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary and the Director of the Kansas

2 Commission on Veterans Affairs.

3 (d) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance required by sub6 section (a) as the Secretary considers appropriate to pro7 tect the interests of the United States.

8 SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA.

9 (a) CONVEYANCE AUTHORIZED.—The Secretary of

10 the Army may convey, without consideration, to the State

11 of Louisiana (in this section referred to as the ‘‘State’’),

12 all right, title, and interest of the United States in and

13 to a parcel of real property, including any improvements

14 thereon, consisting of approximately 200 acres at Fort

15 Polk, Louisiana, for the purpose of permitting the State

16 to establish a State-run cemetery for veterans.

17 (b) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. The cost of the survey shall be

21 borne by the State.

22 (c) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER,

4 WINONA, MINNESOTA.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of

6 the Army may convey, without consideration, to the Wi7 nona State University Foundation of Winona, Minnesota

8 (in this section referred to as the ‘‘Foundation’’), all right,

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

10 of real property, including any improvements thereon, in

11 Winona, Minnesota, containing an Army Reserve Center

12 for the purpose of permitting the Foundation to use the

13 parcel for educational purposes.

14 (b) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be

18 borne by the Foundation.

19 (c) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.
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1 SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

2 (a) CONVEYANCE AUTHORIZED.—The Secretary of

3 the Army may convey, without consideration, to Pem4 berton Township, New Jersey (in this section referred to

5 as the ‘‘Township’’), all right, title, and interest of the

6 United States in and to a parcel of real property at Fort

7 Dix, New Jersey, consisting of approximately 2 acres and

8 containing a parking lot inadvertently constructed on the

9 parcel by the Township.

10 (b) CONDITIONS OF CONVEYANCE.—The conveyance

11 authorized under subsection (a) shall be subject to the

12 conditions that—

13 (1) the Township accept the property as is; and

14 (2) the Township assume responsibility for any

15 environmental restoration or remediation required

16 with respect to the property under applicable law.

17 (c) DESCRIPTION OF PROPERTY.—The exact acreage

18 and legal description of the real property to be conveyed

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. The cost of the survey shall be

21 borne by the Township.

22 (d) ADDITIONAL TERMS AND CONDITIONS.—The

23 Secretary may require such additional terms and condi24 tions in connection with the conveyance under subsection

25 (a) as the Secretary considers appropriate to protect the

26 interests of the United States.
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1 SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA,

2 PENNSYLVANIA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of

4 the Army may convey, without consideration, to the Board

5 of Supervisors of Union Township, Pennsylvania (in this

6 section referred to as the ‘‘Township’’), all right, title, and

7 interest of the United States in and to a parcel of real

8 property, including any improvements thereon, in Elrama,

9 Pennsylvania, consisting of approximately 160 acres,

10 which is known as Nike Site 43 and was more recently

11 used by the Pennsylvania Army National Guard, for the

12 purpose of permitting the Township to use the parcel for

13 municipal storage and other public purposes.

14 (b) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary. The cost of the survey shall be

18 borne by the Township.

19 (c) ADDITIONAL TERMS AND CONDITIONS.—The

20 Secretary may require such additional terms and condi21 tions in connection with the conveyance under subsection

22 (a) as the Secretary considers appropriate to protect the

23 interests of the United States.
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1 SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL

2 TRAINING CENTER, CHATTANOOGA, TEN3 NESSEE.

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of

5 the Army may convey, without consideration, to the Medal

6 of Honor Museum, Inc., a nonprofit corporation organized

7 in the State of Tennessee (in this section referred to as

8 the ‘‘Corporation’’), all right, title, and interest of the

9 United States in and to a parcel of real property, including

10 any improvements thereon, consisting of approximately 15

11 acres at the Army Reserve Local Training Center located

12 on Bonny Oaks Drive, Chattanooga, Tennessee, for the

13 purpose of permitting the Corporation to develop and use

14 the parcel as a museum and for other educational pur15 poses.

16 (b) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property to be conveyed

18 under subsection (a) shall be determined by a survey satis19 factory to the Secretary. The cost of the survey shall be

20 borne by the Corporation.

21 (c) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary may require such additional terms and condi23 tions in connection with the conveyance under subsection

24 (a) as the Secretary considers appropriate to protect the

25 interests of the United States.
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1 SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS.

2 (a) EXCHANGE AUTHORIZED.—The Secretary of the

3 Army may convey to the City of Copperas Cove, Texas

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

5 and interest of the United States in and to a parcel of

6 real property, including any improvements thereon, con7 sisting of approximately 100 acres at Fort Hood, Texas,

8 in exchange for the City’s conveyance to the Secretary of

9 all right, title, and interest of the City in and to one or

10 more parcels of real property that are acceptable to the

11 Secretary and consist of a total of approximately 300

12 acres.

13 (b) DESCRIPTION OF PROPERTY.—The exact acreage

14 and legal description of the parcels of real property to be

15 exchanged under subsection (a) shall be determined by

16 surveys satisfactory to the Secretary. The cost of the sur17 veys shall be borne by the City.

18 (c) ADDITIONAL TERMS AND CONDITIONS.—The

19 Secretary may require such additional terms and condi20 tions in connection with the exchange under subsection (a)

21 as the Secretary considers appropriate to protect the inter22 ests of the United States.

23 SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.

24 (a) CONVEYANCE AUTHORIZED.—The Secretary of

25 the Army may convey, without consideration, to the Com26 monwealth of Virginia (in this section referred to as the
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•HR 5408 IH

1 ‘‘Commonwealth’’), all right, title, and interest of the

2 United States in and to a parcel of real property, including

3 any improvements thereon, consisting of approximately

4 700 acres at Fort Pickett, Virginia, for the purpose of per5 mitting the Commonwealth to develop and operate a public

6 safety training facility.

7 (b) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary. The cost of the survey shall be

11 borne by the Commonwealth.

12 (c) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2842. LAND CONVEYANCE, FORT LAWTON, WASH18 INGTON.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of

20 the Army may convey, without consideration, to the City

21 of Seattle, Washington (in this section referred to as the

22 ‘‘City’’), all right, title, and interest of the United States

23 in and to the real property at Fort Lawton, Washington,

24 consisting of Area 500 and Government Way from 36th
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1 Avenue to Area 500, for purposes of the inclusion of the

2 property in Discovery Park, Seattle, Washington.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the property to be conveyed under

5 subsection (a) shall be determined by a survey satisfactory

6 to the Secretary. The cost of the survey shall be borne

7 by the City.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection

11 (a) as the Secretary considers appropriate to protect the

12 interests of the United States.

13 SEC. 2843. LAND CONVEYANCE, VANCOUVER BARRACKS,

14 WASHINGTON.

15 (a) CONVEYANCE OF WEST BARRACKS AUTHOR16 IZED.—The Secretary of the Army may convey, without

17 consideration, to the City of Vancouver, Washington (in

18 this section referred to as the ‘‘City’’), all right, title, and

19 interest of the United States in and to a parcel of real

20 property, including any improvements thereon, encom21 passing 19 structures at Vancouver Barracks, Wash22 ington, which are identified by the Army using numbers

23 between 602 and 676, and are known as the west bar24 racks.
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1 (b) PURPOSE.—The purpose of the conveyance au2 thorized by subsection (a) shall be to include the property

3 described in that subsection in the Vancouver National

4 Historic Reserve, Washington.

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by a survey satis8 factory to the Secretary. The cost of the survey shall be

9 borne by the City.

10 (d) ADDITIONAL TERMS AND CONDITIONS.—The

11 Secretary may require such additional terms and condi12 tions in connection with the conveyance authorized by sub13 section (a) as the Secretary considers appropriate to pro14 tect the interests of the United States.

15 PART II—NAVY CONVEYANCES

16 SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE

17 CORPS AIR STATION, EL TORO, CALIFORNIA.

18 (a) USE OF CONSIDERATION.—Subsection (a)(2) of

19 section 2811 of the Military Construction Authorization

20 Act for Fiscal Years 1990 and 1991 (division B of Public

21 Law 101–189; 103 Stat. 1650) is amended by striking

22 ‘‘of additional military family housing units at Marine

23 Corps Air Station, Tustin, California.’’ and inserting ‘‘and

24 repair of roads and development of Aerial Port of Embar-
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1 kation facilities at Marine Corps Air Station, Miramar,

2 California.’’.

3 (b) CONFORMING AMENDMENT.—The section head4 ing of such section is amended by striking ‘‘, AND CON5 STRUCTION OF FAMILY HOUSING AT MARINE CORPS

6 AIR STATION, TUSTIN, CALIFORNIA’’.

7 SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD

8 HARBOR DISTRICT, PORT HUENEME, CALI9 FORNIA, TO USE CERTAIN NAVY PROPERTY.

10 (a) ADDITIONAL RESTRICTIONS ON JOINT USE.—

11 Subsection (c) of section 2843 of the Military Construc12 tion Authorization Act for Fiscal Year 1995 (division B

13 of Public Law 103–337; 108 Stat. 3067) is amended to

14 read as follows:

15 ‘‘(c) RESTRICTIONS ON USE.—The District’s use of

16 the property covered by an agreement under subsection

17 (a) is subject to the following conditions:

18 ‘‘(1) The District shall suspend operations

19 under the agreement upon notification by the com20 manding officer of the Center that the property is

21 needed to support mission essential naval vessel sup22 port requirements or Navy contingency operations,

23 including combat missions, natural disasters, and

24 humanitarian missions.
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1 ‘‘(2) The District shall use the property covered

2 by the agreement in a manner consistent with Navy

3 operations at the Center, including cooperating with

4 the Navy for the purpose of assisting the Navy to

5 meet its through-put requirements at the Center for

6 the expeditious movement of military cargo.

7 ‘‘(3) The commanding officer of the Center may

8 require the District to remove any of its personal

9 property at the Center that the commanding officer

10 determines may interfere with military operations at

11 the Center. If the District cannot expeditiously re12 move the property, the commanding officer may pro13 vide for the removal of the property at District ex14 pense.’’.

15 (b) CONSIDERATION.—Subsection (d) of such section

16 is amended to read as follows:

17 ‘‘(d) CONSIDERATION.—(1) As consideration for the

18 use of the property covered by an agreement under sub19 section (a), the District shall pay to the Navy an amount

20 that is mutually agreeable to the parties to the agreement,

21 taking into account the nature and extent of the District’s

22 use of the property.

23 ‘‘(2) The Secretary may accept in-kind consideration

24 under paragraph (1), including consideration in the form

25 of—
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1 ‘‘(A) the District’s maintenance, preservation,

2 improvement, protection, repair, or restoration of all

3 or any portion of the property covered by the agree4 ment;

5 ‘‘(B) the construction of new facilities, the

6 modification of existing facilities, or the replacement

7 of facilities vacated by the Navy on account of the

8 agreement; and

9 ‘‘(C) covering the cost of relocation of the oper10 ations of the Navy from the vacated facilities to the

11 replacement facilities.

12 ‘‘(3) All cash consideration received under paragraph

13 (1) shall be deposited in the special account in the Treas14 ury established for the Navy under section 2667(d) of title

15 10, United States Code. The amounts deposited in the

16 special account pursuant to this paragraph shall be avail17 able, as provided in appropriation Acts, for general super18 vision, administration, overhead expenses, and Center op19 erations and for the maintenance preservation, improve20 ment, protection, repair, or restoration of property at the

21 Center.’’.

22 (c) CONFORMING AMENDMENTS.—Such section is

23 further amended—

24 (1) by striking subsection (f); and
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1 (2) by redesignating subsections (g) and (h) as

2 subsections (f) and (g), respectively.

3 SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS

4 AIR STATION, MIRAMAR, CALIFORNIA.

5 (a) TRANSFER AUTHORIZED.—The Secretary of the

6 Navy may transfer, without reimbursement, to the admin7 istrative jurisdiction of the Secretary of the Interior a par8 cel of real property, including any improvements thereon,

9 consisting of approximately 250 acres and known as the

10 Teacup Parcel, which comprises a portion of the Marine

11 Corps Air Station, Miramar, California.

12 (b) USE OF LAND.—The Secretary of the Interior

13 shall include the real property transferred under sub14 section (a) in the Vernal Pool Unit of the San Diego Na15 tional Wildlife Refuge and administer the property for the

16 conservation of fish and wildlife. All current and future

17 military aviation and related activities at the Marine Corps

18 Air Station, Miramar, are deemed to be compatible with

19 the refuge purposes for which the property is transferred,

20 and with any secondary uses that may be established on

21 the transferred property.

22 (c) CONDITION ON TRANSFER.—The transfer author23 ized under subsection (a) shall be subject to the condition

24 that the Secretary of the Interior make the transferred

25 property available to the Secretary of the Navy for any
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1 habitat restoration or preservation project that may be re2 quired for mitigation of military activities occurring at the

3 Marine Corps Air Station, Miramar, unless the Secretary

4 of the Interior determines that the project will adversely

5 affect the property’s sensitive wildlife and habitat resource

6 values.

7 (d) LEGAL DESCRIPTION.—The exact acreage and

8 legal description of the real property to be transferred

9 under this section shall be determined by a survey satis10 factory to the Secretary of the Navy. The cost of the sur11 vey shall be borne by the Secretary of the Interior.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary of the Navy may require such additional terms

14 and conditions in connection with the transfer under this

15 section as the Secretary of the Navy considers appropriate

16 to protect the interests of the United States.

17 SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT

18 DEPOT, SAN DIEGO, CALIFORNIA.

19 (a) EXCHANGE AUTHORIZED.—The Secretary of the

20 Navy may convey to the San Diego Unified Port District

21 of San Diego, California (in this section referred to as the

22 ‘‘Port District’’), all right, title, and interest of the United

23 States in and to three parcels of real property, including

24 any improvements thereon, consisting of approximately

25 44.5 acres and comprising a portion of the Marine Corps
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1 Recruit Depot, San Diego, California, in exchange for the

2 Port District’s—

3 (1) conveyance to the Secretary of all right,

4 title, and interest of Port District in and to a parcel

5 of real property that is acceptable to the Secretary

6 and contiguous to the Marine Corps Recruit Depot;

7 and

8 (2) construction of suitable replacement facili9 ties and necessary supporting structures on the par10 cel or other property comprising the Marine Corps

11 Recruit Depot, as determined necessary by the Sec12 retary.

13 (b) TIME FOR CONVEYANCE.—The Secretary may

14 not make the conveyance to the Port District authorized

15 by subsection (a) until the Secretary determines that the

16 replacement facilities have been constructed and are ready

17 for occupancy.

18 (c) ADMINISTRATIVE EXPENSES.—The Port District

19 shall reimburse the Secretary for administrative expenses

20 incurred by the Secretary in carrying out the exchange

21 under subsection (a), including expenses related to the

22 planning, design, survey, environmental compliance, and

23 supervision and inspection of construction of the replace24 ment facilities. Section 2695(c) of title 10, United States
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1 Code, shall apply to the amounts received by the Sec2 retary.

3 (d) CONSTRUCTION SCHEDULE.—The Port District

4 shall construct the replacement facilitates pursuant to

5 such schedule and in such a manner so as to not interrupt

6 or adversely affect the capability of the Marine Corps Re7 cruit Depot to accomplish its mission.

8 (e) DESCRIPTION OF PROPERTY.—The exact acreage

9 and legal description of the parcels of real property to be

10 exchanged under subsection (a) shall be determined by

11 surveys satisfactory to the Secretary. The cost of the sur12 veys shall be borne by the Port District.

13 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the exchange under subsection (a) as

16 the Secretary considers appropriate to protect the inter17 ests of the United States.

18 SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PEN19 SACOLA, FLORIDA.

20 (a) AUTHORITY TO LEASE.—The Secretary of the

21 Navy may lease, without consideration, to the Naval Avia22 tion Museum Foundation (in this section referred to as

23 the ‘‘Foundation’’) real property improvements con24 structed by the Foundation at the National Museum of

25 Naval Aviation at Naval Air Station, Pensacola, Florida,
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1 for the purpose of permitting the Foundation to operate

2 a National Flight Academy to encourage and assist Amer3 ican young people to develop an interest in naval aviation

4 and to preserve and enhance the image and heritage of

5 naval aviation.

6 (b) CONSTRUCTION.—The Foundation shall be solely

7 responsible for the design and construction of the real

8 property improvements referred to in subsection (a). Upon

9 completion, the improvements shall be donated to and be10 come the property of the United States, subject to the

11 terms of the lease under subsection (a).

12 (c) TERM OF LEASE.—(1) The lease authorized by

13 subsection (a) may be for a term of up to 50 years, with

14 an option to renew for an additional 50 years.

15 (2) In the event that the National Flight Academy

16 ceases operation for a period in excess of 1 year during

17 the leasehold period, or any extension thereof, the lease

18 shall immediately terminate without cost or future liability

19 to the United States.

20 (d) USE BY NAVY.—The Secretary may use all or a

21 portion of the leased property when the National Flight

22 Academy is not in session or whenever the use of the prop23 erty would not conflict with operation of the Academy. The

24 Foundation shall permit such use at no cost to the Navy.
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1 (e) MAINTENANCE AND REPAIR.—The Foundation

2 shall be solely responsible during the leasehold period, and

3 any extension thereof, for the operation, maintenance, and

4 repair or replacement of the real property improvements

5 authorized for lease under this section.

6 (f) ASSISTANCE.—(1) Subject to subsection (e), the

7 Secretary may assist the Foundation in implementing the

8 National Flight Academy by furnishing facilities, utilities,

9 maintenance, and other services within the boundaries of

10 Naval Air Station, Pensacola. The Secretary may require

11 the Foundation to reimburse the Secretary for the facili12 ties, utilities, maintenance, or other services so provided

13 or may provide the facilities, utilities, maintenance, or

14 other services without reimbursement by the Foundation.

15 (2) Any assistance provided the Foundation pursuant

16 to paragraph (1) may be terminated by the Secretary

17 without notice, cause, or liability to the United States.

18 (g) ADDITIONAL TERMS AND CONDITIONS.—The

19 Secretary may require such additional terms and condi20 tions in connection with the lease under subsection (a) as

21 the Secretary considers appropriate to protect the inter22 ests of the United States.
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1 SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER,

2 TAMPA, FLORIDA.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of

4 the Navy may convey to the Tampa Port Authority of

5 Tampa, Florida (in this section referred to as the ‘‘Port

6 Authority’’), all right, title, and interest of the United

7 States in and to a parcel of real property, including any

8 improvements thereon, consisting of approximately 2.18

9 acres and comprising the Naval Reserve Center, Tampa,

10 Florida, for the purpose of permitting the Port Authority

11 to use the parcel to facilitate the expansion of the Port

12 of Tampa.

13 (b) CONDITIONS OF CONVEYANCE.—The conveyance

14 authorized under subsection (a) shall be subject to the fol15 lowing conditions:

16 (1) The Port Authority will accept the Naval

17 Reserve Center as is.

18 (2) The Port Authority will provide a replace19 ment facility for the Naval Reserve Center on a site

20 of comparable size and consisting of comparable im21 provements on port property or other public land ac22 ceptable to the Secretary. In the event that a feder23 ally owned site acceptable to the Secretary is not

24 available for the construction of the replacement fa25 cility, the Port Authority will provide a site for the
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1 replacement facility acceptable to the Secretary and

2 convey it in fee title to the United States.

3 (3) The Port Authority will procure all nec4 essary funding and the planning and design nec5 essary to construct a replacement facility that is

6 fully operational and satisfies the Base Facilities Re7 quirements plan, as provided by the Naval Reserve.

8 (4) The Port Authority will bear all reasonable

9 costs that the Navy may incur in the relocating to

10 the replacement facility.

11 (c) TIME FOR CONVEYANCE.—The Secretary may not

12 make the conveyance authorized under subsection (a) until

13 all of the conditions specified in subsection (b) have been

14 met to the satisfaction of the Secretary.

15 (d) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary. The cost of the survey shall be

19 borne by the Port Authority.

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The

21 Secretary may require such additional terms and condi22 tions in connection with the conveyance under subsection

23 (a) as the Secretary considers appropriate to protect the

24 interests of the United States.
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1 SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DE2 FENSE FUEL SUPPLY POINT, CASCO BAY,

3 MAINE.

4 Section 2839 of the Military Construction Authoriza5 tion Act for Fiscal Year 1995 (division B of Public Law

6 103–337; 108 Stat. 3065) is amended—

7 (1) by redesignating subsections (c) and (d) as

8 subsections (d) and (e), respectively; and

9 (2) by inserting after subsection (b) the fol10 lowing new subsection:

11 ‘‘(c) REPLACEMENT OF REMOVED ELECTRIC UTIL12 ITY SERVICE.—(1) The Secretary of Defense shall replace

13 the electric utility service removed during the course of

14 environmental remediation carried out with respect to the

15 property to be conveyed under subsection (a), including

16 the procurement and installation of electrical cables,

17 switch cabinets, and transformers associated with the

18 service.

19 ‘‘(2) As part of the replacement of the electric utility

20 service under paragraph (1), the Secretary of Defense

21 may, at the request of the Town, improve the electric util22 ity service and install telecommunications service. The

23 Secretary shall determine, in consultation with the Town,

24 the additional costs that would be associated with the im25 provement of the electric utility service and the installation

26 of telecommunications service under this paragraph, and
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1 the Town shall be responsible for the payment of such

2 costs.’’.

3 SEC. 2853. LAND CONVEYANCE, NAVAL COMPUTER AND

4 TELECOMMUNICATIONS STATION, CUTLER,

5 MAINE.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Navy may convey, without consideration, to the State

8 of Maine, any political subdivision of the State of Maine,

9 or any tax-supported agency in the State of Maine, all

10 right, title, and interest of the United States in and to

11 a parcel of real property, including any improvements

12 thereon, consisting of approximately 263 acres located in

13 Washington County, Maine, and known as the Naval Com14 puter and Telecommunications Station, Cutler, Maine.

15 (b) REIMBURSEMENT FOR ENVIRONMENTAL AND

16 OTHER ASSESSMENTS.—(1) The Secretary may require

17 the recipient of the property conveyed under this section

18 to reimburse the Secretary for the costs incurred by the

19 Secretary for any environmental assessments and other

20 studies and analyses carried out by the Secretary with re21 spect to the property to be conveyed under this section

22 before the conveyance of the property under this section.

23 (2) The amount of any reimbursement required under

24 paragraph (1) shall be determined by the Secretary and

25 may not exceed the cost of the assessments, studies, and
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1 analyses for which reimbursement is required under that

2 paragraph.

3 (3) Section 2695(c) of title 10, United States Code,

4 shall apply to the amounts received by the Secretary.

5 (c) LEASE OF PROPERTY PENDING CONVEYANCE.—

6 (1) Pending the conveyance by deed of the property au7 thorized to be conveyed by subsection (a), the Secretary

8 may enter into one or more leases of the property.

9 (2) The Secretary shall deposit any amounts paid

10 under a lease under paragraph (1) in the appropriation

11 or account providing funds for the protection, mainte12 nance, or repair of the property, or for the provision of

13 utility services for the property. Amounts so deposited

14 shall be merged with funds in the appropriation or account

15 in which deposited, and shall be available for the same

16 purposes, and subject to the same conditions and limita17 tions, as the funds with which merged.

18 (d) DESCRIPTION OF PROPERTY.—The exact acreage

19 and legal description of the property to be conveyed under

20 subsection (a) shall be determined by a survey satisfactory

21 to the Secretary. The cost of the survey shall be borne

22 by the recipient of the property.

23 (e) ADDITIONAL TERMS AND CONDITIONS.—The

24 Secretary may require such additional terms and condi25 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 SEC. 2854. MODIFICATION OF LAND CONVEYANCE AUTHOR4 ITY, FORMER NAVAL TRAINING CENTER,

5 BAINBRIDGE, CECIL COUNTY, MARYLAND.

6 Section 1 of Public Law 99–596 (100 Stat. 3349)

7 is amended—

8 (1) in subsection (a), by striking ‘‘subsections

9 (b) through (f)’’ and inserting ‘‘subsections (b)

10 through (e)’’;

11 (2) by striking subsection (b) and inserting the

12 following new subsection:

13 ‘‘(b) CONSIDERATION.—(1) In the event of the trans14 fer of the property under subsection (a) to the State of

15 Maryland, the transfer shall be with consideration or with16 out consideration from the State of Maryland, at the elec17 tion of the Secretary.

18 ‘‘(2) If the Secretary elects to receive consideration

19 from the State of Maryland under paragraph (1), the Sec20 retary may reduce the amount of consideration to be re21 ceived from the State of Maryland under that paragraph

22 by an amount equal to the cost, estimated as of the time

23 of the transfer of the property under this section, of the

24 restoration of the historic buildings on the property. The
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1 total amount of the reduction of consideration under this

2 paragraph may not exceed $500,000.’’;

3 (3) by striking subsection (d); and

4 (4) by redesignating subsections (e) and (f) as

5 subsections (d) and (e), respectively.

6 SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP

7 LEJEUNE, NORTH CAROLINA.

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of

9 the Navy may convey to the City of Jacksonville, North

10 Carolina (in this section referred to as the ‘‘City’’), all

11 right, title, and interest of the United States in and to

12 a parcel of real property, including any improvements

13 thereon, that is currently leased to Norfolk Southern Cor14 poration and consists of approximately 50 acres, known

15 as the railroad right-of-way, lying within the City between

16 Highway 24 and Highway 17, at the Marine Corps Base,

17 Camp Lejeune, North Carolina, for the purpose of permit18 ting the City to develop the parcel for initial use as a bike/

19 green way trail.

20 (b) CONSIDERATION.—As consideration for the con21 veyance under subsection (a), the City shall reimburse the

22 Secretary (in such amounts as the Secretary may deter23 mine) for the expenses incurred by the Secretary in mak24 ing the conveyance, including costs related to planning,

25 design, surveys, environmental assessment and compli-
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1 ance, supervision and inspection of construction, severing

2 and realigning utility systems, and other prudent and nec3 essary actions. Section 2695(c) of title 10, United States

4 Code, shall apply to the amounts received by the Sec5 retary.

6 (c) CONDITION OF CONVEYANCE.—The Secretary

7 may retain such easements, rights-of-way, and other inter8 ests in the property to be conveyed under subsection (a)

9 and impose such restrictions on the use of the conveyed

10 property as the Secretary considers necessary to ensure

11 the effective security, maintenance, and operations of the

12 Marine Corps Base, Camp Lejeune, North Carolina, and

13 to protect human health and the environment.

14 (d) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property to be conveyed

16 under subsection (a) shall be determined by a survey satis17 factory to the Secretary.

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The

19 Secretary may require such additional terms and condi20 tions in connection with the conveyance under subsection

21 (a) as the Secretary considers appropriate to protect the

22 interests of the United States.
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1 SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER,

2 COLUMBUS, OHIO.

3 (a) EXCHANGE AUTHORIZED.—The Secretary of the

4 Navy may convey to the Rickenbacker Port Authority of

5 Columbus, Ohio (in this section referred to as the ‘‘Au6 thority’’), all right, title, and interest of the United States

7 in and to a parcel of real property, including any improve8 ments thereon, consisting of approximately 24 acres com9 prising the civilian facilities of the Naval Air Reserve at

10 Rickenbacker International Airport in Franklin County,

11 Ohio, in exchange for the Authority’s conveyance to the

12 Secretary of all right, title, and interest of the Authority

13 in and to a parcel of real property consisting of approxi14 mately 10 to 15 acres acceptable to the Secretary at Rick15 enbacker International Airport.

16 (b) USE OF ACQUIRED PROPERTY.—The Secretary

17 shall use the real property acquired from the Authority

18 in the exchange as the site for a replacement facility that

19 will house both the Naval Air Reserve Center at Ricken20 backer International Airport and the Naval and Marine

21 Corps Reserve Center currently located in Columbus,

22 Ohio.

23 (c) TIME FOR CONVEYANCE.—The Secretary may not

24 make the conveyance to the Authority authorized by sub25 section (a) until the Secretary determines that the replace-
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1 ment facility described in subsection (b) has been con2 structed and is ready for occupancy.

3 (d) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the parcels of real property to be

5 exchanged under subsection (a) shall be determined by

6 surveys satisfactory to the Secretary. The cost of the sur7 veys shall be borne by the Authority.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the exchange under subsection (a)

11 as the Secretary considers appropriate to protect the inter12 ests of the United States.

13 SEC. 2857. LAND CONVEYANCE, NAVAL STATION, BREM14 ERTON, WASHINGTON.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Navy may convey to the City of Bremerton, Wash17 ington (in this section referred to as the ‘‘City’’), all right,

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

19 of real property, including any improvements thereon, con20 sisting of approximately 45.8 acres and comprising the

21 former East Park Transient Family Accommodations,

22 which was an off-site housing facility for Naval Station,

23 Bremerton, Washington.

24 (b) CONSIDERATION.—(1) The conveyance under

25 subsection (a) may be made without consideration to the
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1 extent the real property to be conveyed will be used by

2 the City, directly or through an agreement with a public

3 or private entity, for public health, public safety, edu4 cation, affordable housing, or public recreation.

5 (2) If the City intends to use a portion of the con6 veyed property for a purpose not specified in paragraph

7 (1), the City shall pay to the United States an amount

8 equal to the fair market value of that portion of the prop9 erty. The fair market value shall be determined by an ap10 praisal acceptable to the Secretary.

11 (c) ADMINISTRATIVE EXPENSES.—The City shall re12 imburse the Secretary for administrative expenses in13 curred by the Secretary in carrying out the conveyance

14 under subsection (a), including expenses related to plan15 ning, design, survey, environmental compliance, and other

16 prudent and necessary actions. Section 2695(c) of title 10,

17 United States Code, shall apply to the amounts received

18 by the Secretary.

19 (d) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Secretary.

23 (e) ADDITIONAL TERMS AND CONDITIONS.—The

24 Secretary may require such additional terms and condi25 tions in connection with the conveyance under subsection
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1 (a) as the Secretary considers appropriate to protect the

2 interests of the United States.

3 PART III—AIR FORCE CONVEYANCES

4 SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE

5 BASE, CALIFORNIA.

6 (a) CONVEYANCE AUTHORIZED.—The Secretary of

7 the Air Force may convey, by sale or lease upon such

8 terms as the Secretary considers appropriate, all or any

9 portion of the following parcels of real property, including

10 any improvements thereon, at Los Angeles Air Force

11 Base, California:

12 (1) Approximately 42 acres in El Segundo,

13 California, commonly known as Area A.

14 (2) Approximately 52 acres in El Segundo,

15 California, commonly known as Area B.

16 (3) Approximately 13 acres in Hawthorne, Cali17 fornia, commonly known as the Lawndale Annex.

18 (4) Approximately 3.7 acres in Sun Valley,

19 California, commonly known as the Armed Forces

20 Radio and Television Service Broadcast Center.

21 (b) CONSIDERATION.—As consideration for the con22 veyance of real property under subsection (a), the recipi23 ent of the property shall provide for the design and con24 struction on real property acceptable to the Secretary of

25 one or more facilities to consolidate the mission and sup-
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1 port functions at Los Angeles Air Force Base. Any such

2 facility must comply with the seismic and safety design

3 standards for Los Angeles County, California, in effect at

4 the time the Secretary takes possession of the facility.

5 (c) LEASEBACK AUTHORITY.—If the fair market

6 value of a facility to be provided as consideration for the

7 conveyance of real property under subsection (a) exceeds

8 the fair market value of the conveyed property, the Sec9 retary may enter into a lease for the facility for a period

10 not to exceed 10 years. Rental payments under the lease

11 shall be established at the rate necessary to permit the

12 lessor to recover, by the end of the lease term, the dif13 ference between the fair market value of a facility and the

14 fair market value of the conveyed property. At the end

15 of the lease, all right, title, and interest in the facility shall

16 vest in the United States.

17 (d) APPRAISAL OF PROPERTY.—The Secretary shall

18 obtain an appraisal of the fair market value of all property

19 and facilities to be sold, leased, or acquired under this sec20 tion. An appraisal shall be made by a qualified appraiser

21 familiar with the type of property to be appraised. The

22 Secretary shall consider the appraisals in determining

23 whether a proposed conveyance accomplishes the purpose

24 of this section and is in the interest of the United States.

25 Appraisal reports shall not be released outside of the Fed-
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1 eral Government, other than to the other party to a con2 veyance.

3 (e) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of real property to be conveyed under

5 subsection (a) or acquired under subsection (b) shall be

6 determined by a survey satisfactory to the Secretary. The

7 cost of the survey shall be borne by the recipient of the

8 property.

9 (f) EXEMPTION.—Section 2696 of title 10, United

10 States Code, does not apply to the conveyance authorized

11 by subsection (a).

12 (g) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with a conveyance under subsection (a)

15 or a lease under subsection (c) as the Secretary considers

16 appropriate to protect the interests of the United States.

17 SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE

18 STATION, CALIFORNIA.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of

20 the Air Force may convey, without consideration, to

21 Mendocino County, California (in this section referred to

22 as the ‘‘County’’), all right, title, and interest of the

23 United States in and to a parcel of real property, including

24 any improvements thereon, consisting of approximately 82

25 acres at the Point Arena Air Force Station, California,
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1 for the purpose of permitting the County to use the parcel

2 for municipal and other public purposes.

3 (b) CONDITIONS OF CONVEYANCE.—The conveyance

4 under subsection (a) shall be subject to the condition that

5 the County—

6 (1) use the conveyed property, directly or

7 through an agreement with a public or private enti8 ty, for municipal and other public purposes;

9 (2) convey the property to an appropriate public

10 or private entity that will use the conveyed property

11 for such purposes; or

12 (3) convey the property by sale or exchange

13 and—

14 (A) if conveyed by exchange, use the prop15 erty acquired in the exchange for such pur16 poses; or

17 (B) if conveyed by sale, use the proceeds to

18 acquire property that will be used for such pur19 poses.

20 (c) CONSIDERATION.—If the Secretary determines at

21 any time that the County, or a public or private entity

22 to which the property is reconveyed as authorized by para23 graph (2) of subsection (b), has failed to comply with the

24 conditions specified in such subsection, the County shall

25 pay the United States an amount equal to the fair market
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1 value of the property conveyed under subsection (a), as

2 determined by an appraisal satisfactory to the Secretary.

3 (d) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be

7 borne by the County.

8 (e) ADDITIONAL TERMS AND CONDITIONS.—The

9 Secretary may require such additional terms and condi10 tions in connection with the conveyance under subsection

11 (a) as the Secretary considers appropriate to protect the

12 interests of the United States.

13 SEC. 2863. LAND CONVEYANCE, LOWRY AIR FORCE BASE,

14 COLORADO.

15 (a) CONVEYANCE AUTHORIZED.—The Secretary of

16 the Air Force may convey, without consideration, or lease

17 upon such terms as the Secretary considers appropriate,

18 to the Lowry Redevelopment Authority (in this section re19 ferred to as the ‘‘Authority’’) all right, title, and interest

20 of the United States in and to seven parcels of real prop21 erty, including any improvements thereon, consisting of

22 approximately 23 acres at the former Lowry Air Force

23 Base, Colorado, for the purpose of permitting the Author24 ity to use the property in furtherance of economic develop25 ment and other public purposes.
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1 (b) DESCRIPTION OF PROPERTY.—The exact acreage

2 and legal description of real property to be conveyed or

3 leased under subsection (a) shall be determined by a sur4 vey satisfactory to the Secretary. The cost of the survey

5 shall be borne by the Authority.

6 (c) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary may require such additional terms and condi8 tions in connection with a conveyance or lease under sub9 section (a) as the Secretary considers appropriate to pro10 tect the interests of the United States.

11 SEC. 2864. LAND CONVEYANCE, WRIGHT PATTERSON AIR

12 FORCE BASE, OHIO.

13 (a) CONVEYANCE AUTHORIZED.—The Secretary of

14 the Air Force may convey, without consideration, to

15 Greene County, Ohio (in this section referred to as the

16 ‘‘County’’), all right, title, and interest of the United

17 States in and to a parcel of real property, including any

18 improvements thereon, consisting of approximately 92

19 acres comprising the communications test annex at Wright

20 Patterson Air Force Base, Ohio, for the purpose of per21 mitting the County to use the parcel for recreational pur22 poses.

23 (b) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) shall be determined by a survey satis-
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1 factory to the Secretary. The cost of the survey shall be

2 borne by the County.

3 (c) ADDITIONAL TERMS AND CONDITIONS.—The

4 Secretary may require such additional terms and condi5 tions in connection with the conveyance under subsection

6 (a) as the Secretary considers appropriate to protect the

7 interests of the United States.

8 SEC. 2865. MODIFICATION OF LAND CONVEYANCE, ELLS9 WORTH AIR FORCE BASE, SOUTH DAKOTA.

10 (a) CHANGE IN RECIPIENT.—Subsection (a) of sec11 tion 2863 of the Military Construction Authorization Act

12 for Fiscal Year 1998 (division B of Public Law 105–85;

13 111 Stat. 2010) is amended by striking ‘‘Greater Box

14 Elder Area Economic Development Corporation, Box

15 Elder, South Dakota (in this section referred to as the

16 ‘Corporation’)’’ and inserting ‘‘West River Foundation for

17 Economic and Community Development, Sturgis, South

18 Dakota (in this section referred to as the ‘Foundation’)’’.

19 (b) CONFORMING AMENDMENTS.—Such section is

20 further amended by striking ‘‘Corporation’’ each place it

21 appears in subsections (c) and (e) and inserting ‘‘Founda22 tion’’.
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1 SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM,

2 EVERETT, WASHINGTON.

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of

4 the Air Force may convey, without consideration, to the

5 Port of Everett, Washington (in this section referred to

6 as the ‘‘Port’’), all right, title, and interest of the United

7 States in and to a parcel of real property, including any

8 improvements thereon, consisting of approximately 22

9 acres and known as the Mukilteo Tank Farm for the pur10 pose of permitting the Port to use the parcel for the devel11 opment and operation of a port facility and for other pub12 lic purposes.

13 (b) PERSONAL PROPERTY.—The Secretary of the Air

14 Force may include as part of the conveyance authorized

15 by subsection (a) any personal property at the Mukilteo

16 Tank Farm that is excess to the needs of the Air Force

17 if the Secretary of Transportation determines that such

18 personal property is appropriate for the development or

19 operation of the Mukilteo Tank Farm as a port facility.

20 (c) INTERIM LEASE.—(1) Until such time as the real

21 property described in subsection (a) is conveyed by deed,

22 the Secretary of the Air Force may lease all or part of

23 the real property to the Port if the Secretary determines

24 that the real property is suitable for lease and the lease

25 of the property under this subsection will not interfere
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1 with any environmental remediation activities or schedules

2 under applicable law or agreements.

3 (2) The determination under paragraph (1) whether

4 the lease of the real property will interfere with environ5 mental remediation activities or schedules referred to in

6 that paragraph shall be based upon an environmental

7 baseline survey conducted in accordance with applicable

8 Air Force regulations and policy.

9 (3) Except as provided by paragraph (4), as consider10 ation for the lease under this subsection, the Port shall

11 pay the Secretary an amount equal to the fair market of

12 the lease, as determined by the Secretary.

13 (4) The amount of consideration paid by the Port for

14 the lease under this subsection may be an amount, as de15 termined by the Secretary, less than the fair market value

16 of the lease if the Secretary determines that—

17 (A) the public interest will be served by an

18 amount of consideration for the lease that is less

19 than the fair market value of the lease; and

20 (B) payment of an amount equal to the fair

21 market value of the lease is unobtainable.

22 (d) DESCRIPTION OF PROPERTY.—The exact acreage

23 and legal description of the property to be conveyed under

24 subsection (a) shall be determined by a survey satisfactory

25 to the Secretary of the Air Force and the Port.
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1 (e) ADDITIONAL TERMS AND CONDITIONS.—The

2 Secretary of the Air Force, in consultation with the Sec3 retary of Transportation, may require such additional

4 terms and conditions in connection with the conveyance

5 under subsection (a) as the Secretary of the Air Force

6 considers appropriate to protect the interests of the

7 United States.

8 PART IV—OTHER CONVEYANCES

9 SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EX10 CHANGE SERVICE PROPERTY, FARMERS

11 BRANCH, TEXAS.

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of

13 Defense may authorize the Army and Air Force Exchange

14 Service, which is a nonappropriated fund instrumentality

15 of the United States, to sell all right, title, and interest

16 of the United States in and to a parcel of real property,

17 including improvements thereon, that is located at 2727

18 LBJ Freeway in Farmers Branch, Texas.

19 (b) CONSIDERATION.—As consideration for convey20 ance under subsection (a), the purchaser shall pay, in a

21 single lump sum payment, an amount equal to the fair

22 market value of the real property conveyed, as determined

23 by the Secretary. The payment shall be handled in the

24 manner provided in section 204(c) of the Federal Property
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1 and Administrative Services Act of 1949 (40 U.S.C.

2 485(c)).

3 (c) CONGRESSIONAL REPORT.—Within 30 days after

4 the sale of the property under subsection (a), the Sec5 retary shall submit to Congress a report detailing the par6 ticulars of the sale.

7 (d) DESCRIPTION OF PROPERTY.—The exact acreage

8 and legal description of the real property to be conveyed

9 under subsection (a) shall be determined by a survey satis10 factory to the Secretary. The cost of the survey shall be

11 borne by the purchaser.

12 (e) ADDITIONAL TERMS AND CONDITIONS.—The

13 Secretary may require such additional terms and condi14 tions in connection with the conveyance under subsection

15 (a) as the Secretary considers appropriate to protect the

16 interests of the United States.

17 SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL

18 GROUND INTELLIGENCE CENTER, CHAR19 LOTTESVILLE, VIRGINIA.

20 (a) CONVEYANCE AUTHORIZED.—The Administrator

21 of General Services may convey, without consideration, to

22 the City of Charlottesville, Virginia (in this section re23 ferred to as the ‘‘City’’), all right, title, and interest of

24 the United States in and to a parcel of real property, in25 cluding any improvements thereon, formerly occupied by
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1 the National Ground Intelligence Center and known as the

2 Jefferson Street Property, for the purpose of permitting

3 the City to use the parcel, directly or through an agree4 ment with a public or private entity, for economic develop5 ment purposes.

6 (b) AUTHORITY TO CONVEY WITHOUT CONSIDER7 ATION.—The conveyance authorized by subsection (a) may

8 be made without consideration if the Administrator deter9 mines that conveyance on that basis would be in the best

10 interests of the United States.

11 (c) REVERSIONARY INTEREST.—During the five-year

12 period beginning on the date the Administrator makes the

13 conveyance authorized by subsection (a), if the Adminis14 trator determines that the conveyed real property is not

15 being used in accordance with the purpose specified in

16 such subsection, all right, title, and interest in and to the

17 property, including any improvements thereon, may upon

18 the election of the Administrator revert to the United

19 States, and upon such reversion the United States shall

20 have the right of immediate entry onto the property.

21 (d) LIMITATION ON CERTAIN SUBSEQUENT CONVEY22 ANCES.—(1) Subject to paragraph (2), if at any time after

23 the Administrator makes the conveyance authorized by

24 subsection (a) the City conveys any portion of the parcel
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1 conveyed under that subsection to a private entity, the

2 City shall pay to the United States an amount equal to—

3 (A) the fair market value (as determined by the

4 Administrator) of the portion conveyed at the time

5 of the conveyance; less

6 (B) the cost of any improvements to the prop7 erty made by the City.

8 (2) Paragraph (1) applies to a conveyance described

9 in such paragraph only if the Administrator makes the

10 conveyance authorized by subsection (a) without consider11 ation.

12 (3) The Administrator shall deposit any amounts

13 paid the United States under this subsection into the fund

14 established by section 210(f) of the Federal Property and

15 Administrative Services Act of 1949 (40 U.S.C. 490(f)).

16 Any amounts so deposited shall be available to the Admin17 istrator for real property management and related activi18 ties as provided for under paragraph (2) of such section.

19 (e) DESCRIPTION OF PROPERTY.—The exact acreage

20 and legal description of the real property to be conveyed

21 under subsection (a) shall be determined by a survey satis22 factory to the Administrator. The cost of the survey shall

23 be borne by the City.

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The Ad25 ministrator may require such additional terms and condi-
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1 tions in connection with the conveyance under subsection

2 (a) as the Administrator considers appropriate to protect

3 the interests of the United States.

4 Subtitle E—Other Matters

5 SEC. 2881. RELATION OF EASEMENT AUTHORITY TO

6 LEASED PARKLAND, MARINE CORPS BASE,

7 CAMP PENDLETON, CALIFORNIA.

8 Section 2851 of the Military Construction Authoriza9 tion Act for Fiscal Year 1999 (division B of Public Law

10 105–261; 112 Stat. 2219) is amended by adding at the

11 end the following new subsection:

12 ‘‘(f) EXEMPTION FOR CERTAIN LEASED LANDS.—(1)

13 Section 303 of title 49, and section 138 of title 23, United

14 States Code, shall not apply to any approval by the Sec15 retary of Transportation of the use by State Route 241

16 of parkland within Camp Pendleton that is leased by the

17 State of California, where the lease reserved to the United

18 States the right to establish rights-of-way.

19 ‘‘(2) The Agency shall be responsible for the imple20 mentation of any measures required by the Secretary of

21 Transportation to mitigate the impact of the Agency’s use

22 of parkland within Camp Pendleton for State Route 241.

23 With the exception of those mitigation measures directly

24 related to park functions, the measures shall be located

25 outside the boundaries of Camp Pendleton. The required
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1 mitigation measures related to park functions shall be im2 plemented in accordance with the terms of the lease re3 ferred to in paragraph (1).’’.

4 SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR

5 PURCHASE OF FIRE, SECURITY, POLICE, PUB6 LIC WORKS, AND UTILITY SERVICES FROM

7 LOCAL GOVERNMENT AGENCIES.

8 Section 816(c) of the National Defense Authorization

9 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

10 2820), as added by section 2873 of the Strom Thurmond

11 National Defense Authorization Act for Fiscal Year 1999

12 (Public Law 105–261; 112 Stat. 2225), is amended by

13 striking ‘‘2000’’ and inserting ‘‘2001’’.

14 SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CON15 STRUCTION OF THIRD BUILDING AT UNITED

16 STATES AIR FORCE MUSEUM, WRIGHT-PAT17 TERSON AIR FORCE BASE, OHIO.

18 (a) ACCEPTANCE AUTHORIZED.—The Secretary of

19 the Air Force may accept from the Air Force Museum

20 Foundation, a private nonprofit foundation, gifts in the

21 form of cash, Treasury instruments, or comparable United

22 States Government securities for the purpose of paying

23 the costs of design and construction of a third building

24 for the United States Air Force Museum at Wright-Pat25 terson Air Force Base, Ohio. The terms of the gift may
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1 specify that all or a part of the amount of the gift be uti2 lized solely for purposes of the design and construction

3 of a particular portion of the building.

4 (b) DEPOSIT IN ESCROW ACCOUNT.—The Secretary,

5 acting through the Comptroller of the Air Force Materiel

6 Command, shall deposit the amount of any cash, instru7 ments, or securities accepted as a gift under subsection

8 (a) in an escrow account established for that purpose.

9 (c) INVESTMENT.—Amounts in the escrow account

10 under subsection (b) not required to meet current require11 ments of the account shall be invested in public debt secu12 rities with maturities suitable to the needs of the account,

13 as determined by the Comptroller of the Air Force Mate14 riel Command, and bearing interest at rates that take into

15 consideration current market yields on outstanding mar16 ketable obligations of the United States of comparable ma17 turities. The income on such investments shall be credited

18 to and form a part of the account.

19 (d) UTILIZATION.—(1) Amounts in the escrow ac20 count under subsection (b), including any income on in21 vestments of such amounts under subsection (c), that are

22 attributable to a particular portion of the building de23 scribed in subsection (a) shall be utilized by the Comp24 troller of the Air Force Materiel Command to pay the

25 costs of the design and construction of such portion of
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1 the building, including progress payments for such design

2 and construction.

3 (2) Subject to paragraph (3), amounts shall be pay4 able under paragraph (1) upon receipt by the Comptroller

5 of the Air Force Materiel Command of a notification from

6 an appropriate officer or employee of the Corps of Engi7 neers that such amounts are required for the timely pay8 ment of an invoice or claim for the performance of design

9 or construction activities for which such amounts are pay10 able under paragraph (1).

11 (3) The Comptroller of the Air Force Materiel Com12 mand shall, to the maximum extent practicable consistent

13 with good business practice, limit payment of amounts

14 from the account in order to maximize the return on in15 vestment of amounts in the account.

16 (e) LIMITATION ON CONTRACTS.—The Corps of En17 gineers may not enter into a contract for the design or

18 construction of a particular portion of the building de19 scribed in subsection (a) until amounts in the escrow ac20 count under subsection (b), including any income on in21 vestments of such amounts under subsection (c), that are

22 attributable to such portion of the building are sufficient

23 to cover the amount of such contract.

24 (f) LIQUIDATION OF ESCROW ACCOUNT.—Upon final

25 payment of all invoices and claims associated with the de-
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1 sign and construction of the building described in sub2 section (a), the Secretary of the Air Force shall terminate

3 the escrow account under subsection (b). Any amounts in

4 the account upon final payment of invoices and claims

5 shall be available to the Secretary for such purposes as

6 the Secretary considers appropriate.

7 SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE

8 CENTER AT MARINE CORPS BASE, QUANTICO,

9 VIRGINIA.

10 (a) AUTHORITY TO ENTER INTO JOINT VENTURE

11 FOR DEVELOPMENT.—The Secretary of the Navy may

12 enter into a joint venture with the Marine Corps Heritage

13 Foundation, a not-for-profit entity, for the design and con14 struction of a multipurpose facility to be used for histor15 ical displays for public viewing, curation, and storage of

16 artifacts, research facilities, classrooms, offices, and asso17 ciated activities consistent with the mission of the Marine

18 Corps University. The facility shall be known as the Ma19 rine Corps Heritage Center.

20 (b) AUTHORITY TO ACCEPT CERTAIN LAND.—(1)

21 The Secretary may, if the Secretary determines it to be

22 necessary for the facility described in subsection (a), ac23 cept without compensation any portion of the land known

24 as Locust Shade Park which is now offered by the Park
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1 Authority of the County of Prince William, Virginia, as

2 a potential site for the facility.

3 (2) The Park Authority may convey the land de4 scribed in paragraph (1) to the Secretary under this sec5 tion without regard to any limitation on its use, or require6 ment for its replacement upon conveyance, under section

7 6(f)(3) of the Land and Water Conservation Fund Act of

8 1965 (16 U.S.C. 460l–8(f)(3)) or under any other provi9 sion of law.

10 (c) DESIGN AND CONSTRUCTION.—For each phase of

11 development of the facility described in subsection (a), the

12 Secretary may—

13 (1) permit the Marine Corps Heritage Founda14 tion to contract for the design, construction, or both

15 of such phase of development; or

16 (2) accept funds from the Marine Corps Herit17 age Foundation for the design, construction, or both

18 of such phase of development.

19 (d) ACCEPTANCE AUTHORITY.—Upon completion of

20 construction of any phase of development of the facility

21 described in subsection (a) by the Marine Corps Heritage

22 Foundation to the satisfaction of the Secretary, and the

23 satisfaction of any financial obligations incident thereto by

24 the Marine Corps Heritage Foundation, the facility shall

25 become the property of the Department of the Navy with
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1 all right, title, and interest in and to facility being in the

2 United States.

3 (e) LEASE OF FACILITY.—(1) The Secretary may

4 lease, under such terms and conditions as the Secretary

5 considers appropriate for the joint venture authorized by

6 subsection (a), portions of the facility developed under

7 that subsection to the Marine Corps Heritage Foundation

8 for use in generating revenue for activities of the facility

9 and for such administrative purposes as may be necessary

10 for support of the facility.

11 (2) The amount of consideration paid the Secretary

12 by the Marine Corps Heritage Foundation for the lease

13 under paragraph (1) may not exceed an amount equal to

14 the actual cost (as determined by the Secretary) of the

15 operation of the facility.

16 (3) Notwithstanding any other provision of law, the

17 Secretary shall use amounts paid under paragraph (2) to

18 cover the costs of operation of the facility.

19 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the joint venture authorized by sub22 section (a) as the Secretary considers appropriate to pro23 tect the interests of the United States.
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1 SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT

2 FALLON NAVAL AIR STATION, NEVADA.

3 (a) IN GENERAL.—The Secretary of the Navy shall,

4 in consultation with the Secretary of the Army acting

5 through the Chief of Engineers, carry out appropriate ac6 tivities after examination of the potential environmental

7 and flight safety ramifications for irrigation that has been

8 eliminated, or will be eliminated, for the greenbelt at

9 Fallon Naval Air Station, Nevada. Any activities carried

10 out under the preceding sentence shall be consistent with

11 aircrew safety at Fallon Naval Air Station.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 hereby authorized to be appropriated for operation and

14 maintenance for the Navy such sums as may be necessary

15 to carry out the activities required by subsection (a).

16 SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL

17 ON GUAM.

18 (a) ESTABLISHMENT REQUIRED.—The Secretary of

19 Defense shall establish on Federal lands near the Fena

20 Caves in Guam a suitable memorial intended to honor

21 those Guamanian civilians who were killed during the oc22 cupation of Guam during World War II and to commemo23 rate the liberation of Guam by the United States Armed

24 Forces in 1944.
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1 (b) MAINTENANCE OF MEMORIAL.—The Secretary of

2 Defense shall be responsible for the maintenance of the

3 memorial established pursuant to subsection (a).

4 (c) CONSULTATION.—In designing and building the

5 memorial and selecting the specific location for the memo6 rial, the Secretary of Defense shall consult with the Amer7 ican Battle Monuments Commission established under

8 chapter 21 of title 36, United States Code.

9 SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT

10 KWAJALEIN ATOLL AS THE RONALD REAGAN

11 BALLISTIC MISSILE DEFENSE TEST SITE AT

12 KWAJALEIN ATOLL.

13 The United States Army missile testing range located

14 at Kwajalein Atoll in the Marshall Islands shall after the

15 date of the enactment of this Act be known and designated

16 as the ‘‘Ronald Reagan Ballistic Missile Defense Test Site

17 at Kwajalein Atoll’’. Any reference to that range in any

18 law, regulation, map, document, record, or other paper of

19 the United States shall be considered to be a reference

20 to the Ronald Reagan Ballistic Missile Defense Test Site

21 at Kwajalein Atoll.
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1 SEC. 2888. DESIGNATION OF BUILDING AT FORT BELVOIR,

2 VIRGINIA, IN HONOR OF ANDREW T. MCNA3 MARA.

4 The building at 8725 John J. Kingman Road, Fort

5 Belvoir, Virginia, shall be known and designated as the

6 ‘‘Andrew T. McNamara Building’’. Any reference to that

7 building in any law, regulation, map, document, record,

8 or other paper of the United States shall be considered

9 to be a reference to the Andrew T. McNamara Building.

10 SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL,

11 SAN DIEGO, CALIFORNIA, IN HONOR OF BOB

12 WILSON, A FORMER MEMBER OF THE HOUSE

13 OF REPRESENTATIVES.

14 The Balboa Naval Hospital in San Diego, California,

15 shall be known and designated as the ‘‘Bob Wilson Naval

16 Hospital’’. Any reference to the Balboa Naval Hospital in

17 any law, regulation, map, document, record, or other

18 paper of the United States shall be considered to be a ref19 erence to the Bob Wilson Naval Hospital.

20 SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE

21 OF EXPANSION OF NATIONAL TRAINING CEN22 TER, FORT IRWIN, CALIFORNIA.

23 (a) FINDINGS.—Congress makes the following find24 ings:
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1 (1) The National Training Center at Fort

2 Irwin, California, is the Army’s premier warfare

3 training center.

4 (2) The National Training Center was cited by

5 General Norman Schwarzkopf as being instrumental

6 to the success of the allied victory in the Persian

7 Gulf conflict.

8 (3) The National Training Center gives a mili9 tary unit the opportunity to use high-tech equipment

10 and confront realistic opposing forces in order to ac11 curately discover the unit’s strengths and weak12 nesses.

13 (4) The current size of the National Training

14 Center is insufficient in light of the advanced equip15 ment and technology required for modern warfare

16 training.

17 (5) The expansion of the National Training

18 Center to include additional lands would permit mili19 tary units and members of the Armed Forces to ade20 quately prepare for future conflicts and various war21 fare scenarios they may encounter throughout the

22 world.

23 (6) Additional lands for the expansion of the

24 National Training Center are presently available in

25 the California desert.
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1 (7) The expansion of the National Training

2 Center is a top priority of the Army and the Office

3 of the Secretary of Defense.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the prompt expansion of the National Training

6 Center is vital to the national security interests of the

7 United States.

8 SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANS9 FERS AT MELROSE RANGE, NEW MEXICO,

10 AND YAKIMA TRAINING CENTER, WASH11 INGTON.

12 (a) FINDINGS.—Congress makes the following find13 ings:

14 (1) The Secretary of the Air Force seeks the

15 transfer of 6,713 acres of public domain land within

16 the Melrose Range, New Mexico, from the Depart17 ment of the Interior to the Department of the Air

18 Force for the continued use of these lands as a mili19 tary range.

20 (2) The Secretary of the Army seeks the trans21 fer of 6,640 acres of public domain land within the

22 Yakima Training Center, Washington, from the De23 partment of the Interior to the Department of the

24 Army for military training purposes.
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1 (3) The transfers provide the Department of

2 the Air Force and the Department of the Army with

3 complete land management control of these public

4 domain lands to allow for effective land manage5 ment, minimize safety concerns, and ensure mean6 ingful training.

7 (4) The Department of the Interior concurs

8 with the land transfers at Melrose Range and

9 Yakima Training Center.

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the land transfers at Melrose Range, New Mex12 ico, and Yakima Training Center, Washington, will sup13 port military training, safety, and land management con14 cerns on the lands subject to transfer.

15 DIVISION C—DEPARTMENT OF

16 ENERGY NATIONAL SECURITY

17 AUTHORIZATIONS AND

18 OTHER AUTHORIZATIONS

19 TITLE XXXI—DEPARTMENT OF

20 ENERGY NATIONAL SECURITY

21 PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions
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Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Funding for termination costs of River Protection Project, Richland,

Washington.

Sec. 3132. Enhanced cooperation between National Nuclear Security Administration and Ballistic Missile Defense Organization.

Sec. 3133. Reprogramming of funds available for infrastructure upgrades or

maintenance in certain accounts of the National Nuclear Security Administration.

Sec. 3134. Adjustment of composite theoretical performance levels for postshipment verification reports on advanced supercomputer sales

to certain foreign nations.

Sec. 3135. Modification of counterintelligence polygraph program.

Sec. 3136. Employee incentives for employees at closure project facilities.

Sec. 3137. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3138. Contingent limitation on use of certain funds pending certifications

of compliance with Formerly Utilized Sites Remedial Action

Program funding prohibition.

Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at Idaho

National Engineering and Environmental Laboratory, Idaho

Falls, Idaho.

Sec. 3140. Report on National Ignition Facility, Lawrence Livermore National

Laboratory, Livermore, California.

Sec. 3141. River Protection Project, Richland, Washington.

Sec. 3142. Report on tank waste remediation system, Hanford Reservation,

Richland, Washington.

Subtitle D—Matters Relating to Management of National

Nuclear Security Administration

Sec. 3151. Term of office of person first appointed as Under Secretary for Nuclear Security of the Department of Energy.

Sec. 3152. Membership of Under Secretary for Nuclear Security on the Joint

Nuclear Weapons Council.

Sec. 3153. Organization plan for field offices of the National Nuclear Security

Administration.

Sec. 3154. Required contents of future-years nuclear security program.

Sec. 3155. Future-years nuclear security program for fiscal year 2001.

Sec. 3156. Engineering and manufacturing research, development, and demonstration by plant managers of certain nuclear weapons production plants.
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Sec. 3157. Prohibition on individuals engaging in concurrent service or duties

within National Nuclear Security Administration and outside

that Administration but within Department of Energy.

Sec. 3158. Annual plan for obligation of funds of the National Nuclear Security

Administration.

Sec. 3159. Authority to reorganize National Nuclear Security Administration.

Subtitle E—National Laboratories Partnership Improvement

Sec. 3161. Technology Infrastructure Pilot Program.

Sec. 3162. Report on small business participation in National Nuclear Security

Administration activities.

Sec. 3163. Study and report related to improving mission effectiveness, partnerships, and technology transfer at national security laboratories and nuclear weapons production facilities.

Sec. 3164. Report on effectiveness of National Nuclear Security Administration

technology development partnerships with non-Federal entities.

Sec. 3165. Definitions.

Subtitle F—Matters Relating to Defense Nuclear

Nonproliferation

Sec. 3171. Annual report on status of Nuclear Materials Protection, Control,

and Accounting Program.

Sec. 3172. Nuclear Cities Initiative.

Sec. 3173. Department of Energy nonproliferation monitoring.

Sec. 3174. Sense of Congress on the need for coordination of nonproliferation

programs.

Sec. 3175. Limitation on use of funds for International Nuclear Safety Program.

Subtitle G—Other Matters

Sec. 3191. Extension of authority for appointment of certain scientific, engineering, and technical personnel.

Sec. 3192. Biennial report containing update on nuclear test readiness postures.

Sec. 3193. Frequency of reports on inadvertent releases of Restricted Data and

Formerly Restricted Data.

Sec. 3194. Form of certifications regarding the safety or reliability of the nuclear weapons stockpile.

Sec. 3195. Authority to provide certificate of commendation to Department of

Energy and contractor employees for exemplary service in

stockpile stewardship and security.

Sec. 3196. Cooperative research and development agreements for governmentowned, contractor-operated laboratories.

Sec. 3197. Office of Arctic Energy.
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1 Subtitle A—National Security

2 Programs Authorizations

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION.

5 Funds are hereby authorized to be appropriated to

6 the Department of Energy for fiscal year 2001 for the

7 activities of the National Nuclear Security Administration

8 in carrying out programs necessary for national security

9 in the amount of $6,422,356,000, to be allocated as fol10 lows:

11 (1) WEAPONS ACTIVITIES.—For weapons activi12 ties, $4,840,289,000, to be allocated as follows:

13 (A) For stewardship, $4,505,545,000, to

14 be allocated as follows:

15 (i) For directed stockpile work,

16 $862,603,000.

17 (ii) For campaigns, $2,054,014,000,

18 to be allocated as follows:

19 (I) For operation and mainte20 nance, $1,639,682,000.

21 (II) For construction,

22 $414,332,000, to be allocated as fol23 lows:

24 Project 01–D–101, distrib25 uted information systems labora-
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1 tory, Sandia National Labora2 tories, Livermore, California,

3 $2,300,000.

4 Project 00–D–103, terascale

5 simulation facility, Lawrence

6 Livermore National Laboratory,

7 Livermore, California,

8 $5,000,000.

9 Project 00–D–105, strategic

10 computing complex, Los Alamos

11 National Laboratory, Los Ala12 mos, New Mexico, $56,000,000.

13 Project 00–D–107, joint

14 computational engineering lab15 oratory, Sandia National Labora16 tories, Albuquerque, New Mexico,

17 $6,700,000.

18 Project 98–D–125, tritium

19 extraction facility, Savannah

20 River Plant, Aiken, South Caro21 lina, $75,000,000.

22 Project 98–D–126, accel23 erator production of tritium, var24 ious locations, $25,000,000.
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1 Project 97–D–102, dual-axis

2 radiographic hydrotest facility,

3 Los Alamos National Laboratory,

4 Los Alamos, New Mexico,

5 $35,232,000.

6 Project 96–D–111, national

7 ignition facility (NIF), Lawrence

8 Livermore National Laboratory,

9 Livermore, California,

10 $209,100,000.

11 (iii) For readiness in technical base

12 and facilities, $1,588,928,000, to be allo13 cated as follows:

14 (I) For operation and mainte15 nance, $1,429,087,000.

16 (II) For plant projects (including

17 maintenance, restoration, planning,

18 construction, acquisition, modification

19 of facilities, and the continuation of

20 projects authorized in prior years, and

21 land acquisition related thereto),

22 $159,841,000, to be allocated as fol23 lows:

24 Project 01–D–103, prelimi25 nary project design and engineer-
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1 ing, various locations,

2 $14,500,000.

3 Project 01–D–124, highly

4 enriched uranium (HEU) mate5 rials storage facility, Y–12 Plant,

6 Oak Ridge, Tennessee,

7 $17,800,000.

8 Project 01–D–126, weapons

9 evaluation test laboratory,

10 Pantex Plant, Amarillo, Texas,

11 $3,000,000.

12 Project 99–D–103, isotope

13 sciences facilities, Lawrence

14 Livermore National Laboratory,

15 Livermore, California,

16 $5,000,000.

17 Project 99–D–104, protec18 tion of real property (roof recon19 struction, phase II), Lawrence

20 Livermore National Laboratory,

21 Livermore, California,

22 $2,800,000.

23 Project 99–D–106, model

24 validation and system certifi25 cation center, Sandia National
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1 Laboratories, Albuquerque, New

2 Mexico, $5,200,000.

3 Project 99–D–108, renovate

4 existing roadways, Nevada Test

5 Site, Nevada, $2,000,000.

6 Project 99–D–125, replace

7 boilers and controls, Kansas City

8 Plant, Kansas City, Missouri,

9 $13,000,000.

10 Project 99–D–127, stockpile

11 management restructuring initia12 tive, Kansas City plant, Kansas

13 City, Missouri, $23,765,000.

14 Project 99–D–128, stockpile

15 management restructuring initia16 tive, Pantex Plant, Amarillo,

17 Texas, $4,998,000.

18 Project 99–D–132, stockpile

19 management restructuring initia20 tive, nuclear material safeguards

21 and security upgrades project,

22 Los Alamos National Laboratory,

23 Los Alamos, New Mexico,

24 $18,043,000.
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1 Project 98–D–123, stockpile

2 management restructuring initia3 tive, tritium facility moderniza4 tion and consolidation, Savannah

5 River Plant, Aiken, South Caro6 lina, $30,767,000.

7 Project 97–D–123, struc8 tural upgrades, Kansas City

9 Plant, Kansas City, Missouri,

10 $2,918,000.

11 Project 95–D–102, chem12 istry and metallurgy research

13 (CMR) upgrades project, Los Al14 amos National Laboratory, Los

15 Alamos, New Mexico,

16 $13,337,000.

17 Project 88–D–123, security

18 enhancements, Pantex Plant,

19 Amarillo, Texas, $2,713,000.

20 (B) For secure transportation asset,

21 $115,673,000, to be allocated as follows:

22 (i) For operation and maintenance,

23 $79,357,000.

24 (ii) For program direction,

25 $36,316,000.
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1 (C) For program direction, $219,071,000.

2 (2) DEFENSE NUCLEAR NONPROLIFERATION.—

3 For other nuclear security activities, $877,467,000,

4 to be allocated as follows:

5 (A) For nonproliferation and verification

6 research and development, $252,990,000, to be

7 allocated as follows:

8 (i) For operation and maintenance,

9 $245,990,000.

10 (ii) For plant projects (including

11 maintenance, restoration, planning, con12 struction, acquisition, modification of fa13 cilities, and the continuation of projects

14 authorized in prior years, and land acquisi15 tion related thereto), $7,000,000, to be al16 located as follows:

17 Project 00–D–192, nonprolifera18 tion and international security center

19 (NISC), Los Alamos National Labora20 tory, Los Alamos, New Mexico,

21 $7,000,000.

22 (B) For arms control, $320,560,000, to be

23 allocated as follows:

24 (i) For arms control operations,

25 $285,370,000.
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1 (ii) For highly enriched uranium

2 transparency implementation,

3 $15,190,000.

4 (iii) For international nuclear safety,

5 $20,000,000.

6 (C) For fissile materials control and dis7 position, $252,449,000, to be allocated as fol8 lows:

9 (i) For operation and maintenance,

10 $175,517,000.

11 (ii) For plant projects (including

12 maintenance, restoration, planning, con13 struction, acquisition, modification of fa14 cilities, and the continuation of projects

15 authorized in prior years, and land acquisi16 tion related thereto), $76,932,000, to be

17 allocated as follows:

18 Project 01–D–407, highly en19 riched uranium blend-down, Savannah

20 River Site, Aiken, South Carolina,

21 $27,932,000.

22 Project 00–D–142, immobiliza23 tion and associated processing facility

24 (Title I and II design), Savannah
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1 River Site, Aiken, South Carolina,

2 $3,000,000.

3 Project 99–D–141, pit dis4 assembly and conversion facility (Title

5 I and II design), Savannah River Site,

6 Aiken, South Carolina, $20,000,000.

7 Project 99–D–143, mixed oxide

8 fuel fabrication facility (Title I and II

9 design), Savannah River Site, Aiken,

10 South Carolina, $26,000,000.

11 (D) For program direction, $51,468,000.

12 (3) NAVAL REACTORS.—For naval reactors,

13 $694,600,000, to be allocated as follows:

14 (A) For naval reactors development,

15 $673,200,000, to be allocated as follows:

16 (i) For operation and maintenance,

17 $644,500,000.

18 (ii) For general plant projects,

19 $11,400,000.

20 (iii) For plant projects (including

21 maintenance, restoration, planning, con22 struction, acquisition, modification of fa23 cilities, and the continuation of projects

24 authorized in prior years, and land acquisi-
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1 tion related thereto), $17,300,000, to be

2 allocated as follows:

3 Project 01–D–200, major office

4 replacement building, Schenectady,

5 New York, $1,300,000.

6 Project 90–N–102, expended core

7 facility dry cell project, Naval Reac8 tors Facility, Idaho, $16,000,000.

9 (B) For program direction, $21,400,000.

10 (4) OFFICE OF ADMINISTRATOR FOR NUCLEAR

11 SECURITY.—For the Office of the Administrator for

12 Nuclear Security, for program direction,

13 $10,000,000.

14 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

15 WASTE MANAGEMENT.

16 (a) IN GENERAL.—Subject to subsection (b), funds

17 are hereby authorized to be appropriated to the Depart18 ment of Energy for fiscal year 2001 for environmental res19 toration and waste management activities in carrying out

20 programs necessary for national security in the amount

21 of $6,058,009,000, to be allocated as follows:

22 (1) CLOSURE PROJECTS.—For closure projects

23 carried out in accordance with section 3143 of the

24 National Defense Authorization Act for Fiscal Year
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1 1997 (Public Law 104–201; 110 Stat. 2836; 42

2 U.S.C. 7277n), $1,082,297,000

3 (2) SITE/PROJECT COMPLETION.—For site com4 pletion and project completion in carrying out envi5 ronmental management activities necessary for na6 tional security programs, $941,719,000, to be allo7 cated as follows:

8 (A) For operation and maintenance,

9 $900,175,000.

10 (B) For plant projects (including mainte11 nance, restoration, planning, construction, ac12 quisition, modification of facilities, and the con13 tinuation of projects authorized in prior years,

14 and land acquisition related thereto),

15 $41,544,000, to be allocated as follows:

16 Project 01–D–402, Intec cathodic

17 protection system expansion, Idaho Na18 tional Engineering and Environmental

19 Laboratory, Idaho Falls, Idaho, $500,000.

20 Project 99–D–402, tank farm support

21 services, F&H areas, Savannah River Site,

22 Aiken, South Carolina, $7,714,000.

23 Project 99–D–404, health physics in24 strumentation laboratory, Idaho National
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1 Engineering and Environmental Labora2 tory, Idaho Falls, Idaho, $4,300,000.

3 Project 98–D–453, plutonium sta4 bilization and handling system for pluto5 nium finishing plant, Richland, Wash6 ington, $1,690,000.

7 Project 97–D–470, regulatory moni8 toring and bioassay laboratory, Savannah

9 River Site, Aiken, South Carolina,

10 $3,949,000.

11 Project 96–D–471, chlorofluorocarbon

12 heating, ventilation, and air conditioning

13 and chiller retrofit, Savannah River Site,

14 Aiken, South Carolina, $12,512,000.

15 Project 92–D–140, F&H canyon ex16 haust upgrades, Savannah River Site,

17 Aiken, South Carolina, $8,879,000.

18 Project 86–D–103, decontamination

19 and waste treatment facility, Lawrence

20 Livermore National Laboratory, Liver21 more, California, $2,000,000.

22 (3) POST-2006 COMPLETION.—For post-2006

23 completion in carrying out environmental restoration

24 and waste management activities necessary for na-
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1 tional security programs, $3,432,457,000, to be allo2 cated as follows:

3 (A) For operation and maintenance,

4 $2,691,106,000.

5 (B) For plant projects (including mainte6 nance, restoration, planning, construction, ac7 quisition, modification of facilities, and the con8 tinuation of projects authorized in prior years,

9 and land acquisition related thereto),

10 $27,212,000, to be allocated as follows:I26

11 Project 93–D–187, high-level waste removal

12 from filled waste tanks, Savannah River Site,

13 Aiken, South Carolina, $27,212,000.

14 (C) For the Office of River Protection in

15 carrying out environmental restoration and

16 waste management activities necessary for na17 tional security programs, $714,139,000, to be

18 allocated as follows:

19 (i) For operation and maintenance,

20 $309,619,000.

21 (ii) For plant projects (including

22 maintenance, restoration, planning, con23 struction, acquisition, modification of fa24 cilities, and the continuation of projects

25 authorized in prior years, and land acquisi-
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1 tion related thereto), $404,520,000, to be

2 allocated as follows:

3 Project 01–D–416, Tank Waste

4 Remediation System privatization

5 phase I, Richland, Washington,

6 $332,000,000.

7 Project 01–D–403, immobilized

8 high-level waste interim storage facil9 ity, Richland, Washington,

10 $1,300,000.

11 Project 99–D–403, privatization

12 phase I infrastructure support, Rich13 land, Washington, $7,812,000.

14 Project 97–D–402, tank farm

15 restoration and safe operations, Rich16 land, Washington, $46,023,000.

17 Project 94–D–407, initial tank

18 retrieval systems, Richland, Wash19 ington, $17,385,000.

20 (4) SCIENCE AND TECHNOLOGY DEVELOP21 MENT.—For science and technology development in

22 carrying out environmental restoration and waste

23 management activities necessary for national secu24 rity programs, $246,548,000.
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1 (5) PROGRAM DIRECTION.—For program direc2 tion in carrying out environmental restoration and

3 waste management activities necessary for national

4 security programs, $354,988,000.

5 (b) ADJUSTMENT.—The total amount authorized to

6 be appropriated by subsection (a) is the sum of the

7 amounts authorized to be appropriated by paragraphs (1)

8 through (5) of that subsection, reduced by $84,317,000,

9 to be derived from offsets and use of prior year balances.

10 SEC. 3103. OTHER DEFENSE ACTIVITIES.

11 (a) IN GENERAL.—Funds are hereby authorized to

12 be appropriated to the Department of Energy for fiscal

13 year 2001 for other defense activities in carrying out pro14 grams necessary for national security in the amount of

15 $543,822,000, to be allocated as follows:

16 (1) INTELLIGENCE.—For intelligence,

17 $38,059,000, to be allocated as follows:

18 (A) For operation and maintenance,

19 $36,059,000.

20 (B) For plant projects (including mainte21 nance, restoration, planning, construction, ac22 quisition, modification of facilities, and the con23 tinuation of projects authorized in prior years,

24 and land acquisition related thereto),

25 $2,000,000, to be allocated as follows:
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1 Project 01–D–800, Sensitive compart2 mented information facility, Lawrence

3 Livermore National Laboratory, Liver4 more, California, $2,000,000.

5 (2) COUNTERINTELLIGENCE.—For counter6 intelligence, $45,200,000.

7 (3) SECURITY AND EMERGENCY OPERATIONS.—

8 For security and emergency operations,

9 $284,076,000, to be allocated as follows:

10 (A) For nuclear safeguards and security,

11 $124,409,000.

12 (B) For security investigations,

13 $33,000,000.

14 (C) For emergency management,

15 $37,300,000.

16 (D) For program direction, $89,367,000.

17 (4) INDEPENDENT OVERSIGHT AND PERFORM18 ANCE ASSURANCE.—For independent oversight and

19 performance assurance, $14,937,000.

20 (5) ENVIRONMENT, SAFETY, AND HEALTH.—

21 For the Office of Environment, Safety, and Health,

22 $134,050,000, to be allocated as follows:

23 (A) For environment, safety, and health

24 (defense), $86,446,000.
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1 (B) For the Energy Employees Occupa2 tional Illness Compensation initiative,

3 $25,000,000.

4 (C) For program direction, $22,604,000.

5 (6) WORKER AND COMMUNITY TRANSITION AS6 SISTANCE.—For worker and community transition

7 assistance, $24,500,000, to be allocated as follows:

8 (A) For worker and community transition,

9 $21,500,000.

10 (B) For program direction, $3,000,000.

11 (7) OFFICE OF HEARINGS AND APPEALS.—For

12 the Office of Hearings and Appeals, $3,000,000.

13 (b) ADJUSTMENTS.—The amount authorized to be

14 appropriated pursuant to subsection (a)(3)(B) is reduced

15 by $20,000,000 to reflect an offset provided by user orga16 nizations for security investigations.

17 SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI18 VATIZATION.

19 (a) IN GENERAL.—Funds are hereby authorized to

20 be appropriated to the Department of Energy for fiscal

21 year 2001 for privatization initiatives in carrying out envi22 ronmental restoration and waste management activities

23 necessary for national security programs in the amount

24 of $90,092,000, to be allocated as follows:
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1 Project 98–PVT–2, spent nuclear fuel dry stor2 age, Idaho Falls, Idaho, $25,092,000.

3 Project 97–PVT–2, advanced mixed waste

4 treatment project Idaho Falls, Idaho, $65,000,000.

5 (b) EXPLANATION OF ADJUSTMENT.—The amount

6 authorized to be appropriated pursuant to subsection (a)

7 is the sum of the amounts authorized to be appropriated

8 for the projects in that subsection reduced by $90,092,000

9 for use of prior year balances of funds for defense environ10 mental management privatization.

11 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

12 Funds are hereby authorized to be appropriated to

13 the Department of Energy for fiscal year 2001 for pay14 ment to the Nuclear Waste Fund established in section

15 302(c) of the Nuclear Waste Policy Act of 1982 (42

16 U.S.C. 10222(c)) in the amount of $112,000,000.

17 Subtitle B—Recurring General

18 Provisions

19 SEC. 3121. REPROGRAMMING.

20 (a) IN GENERAL.—Until the Secretary of Energy

21 submits to the congressional defense committees the re22 port referred to in subsection (b) and a period of 30 days

23 has elapsed after the date on which such committees re24 ceive the report, the Secretary may not use amounts ap25 propriated pursuant to this title for any program—
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1 (1) in amounts that exceed, in a fiscal year—

2 (A) 110 percent of the amount authorized

3 for that program by this title; or

4 (B) $ 1,000,000 more than the amount au5 thorized for that program by this title; or

6 (2) which has not been presented to, or re7 quested of, Congress.

8 (b) REPORT.—(1) The report referred to in sub9 section (a) is a report containing a full and complete state10 ment of the action proposed to be taken and the facts and

11 circumstances relied upon in support of the proposed ac12 tion.

13 (2) In the computation of the 30-day period under

14 subsection (a), there shall be excluded any day on which

15 either House of Congress is not in session because of an

16 adjournment of more than 3 days to a day certain.

17 (c) LIMITATIONS.—(1) In no event may the total

18 amount of funds obligated pursuant to this title exceed

19 the total amount authorized to be appropriated by this

20 title.

21 (2) Funds appropriated pursuant to this title may not

22 be used for an item for which Congress has specifically

23 denied funds.
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1 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

2 (a) IN GENERAL.—The Secretary of Energy may

3 carry out any construction project under the general plant

4 projects authorized by this title if the total estimated cost

5 of the construction project does not exceed $5,000,000.

6 (b) REPORT TO CONGRESS.—If, at any time during

7 the construction of any general plant project authorized

8 by this title, the estimated cost of the project is revised

9 because of unforeseen cost variations and the revised cost

10 of the project exceeds $5,000,000, the Secretary shall im11 mediately furnish a report to the congressional defense

12 committees explaining the reasons for the cost variation.

13 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

14 (a) IN GENERAL.—(1) Except as provided in para15 graph (2), construction on a construction project may not

16 be started or additional obligations incurred in connection

17 with the project above the total estimated cost, whenever

18 the current estimated cost of the construction project, au19 thorized by 3101, 3102, or 3103, or which is in support

20 of national security programs of the Department of En21 ergy and was authorized by any previous Act, exceeds by

22 more than 25 percent the higher of—

23 (A) the amount authorized for the project; or

24 (B) the amount of the total estimated cost for

25 the project as shown in the most recent budget jus26 tification data submitted to Congress.
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1 (2) An action described in paragraph (1) may be

2 taken if—

3 (A) the Secretary of Energy has submitted to

4 the congressional defense committees a report on the

5 actions and the circumstances making such action

6 necessary; and

7 (B) a period of 30 days has elapsed after the

8 date on which the report is received by the commit9 tees.

10 (3) In the computation of the 30-day period under

11 paragraph (2), there shall be excluded any day on which

12 either House of Congress is not in session because of an

13 adjournment of more than 3 days to a day certain.

14 (b) EXCEPTION.—Subsection (a) does not apply to a

15 construction project with a current estimated cost of less

16 than $5,000,000.

17 SEC. 3124. FUND TRANSFER AUTHORITY.

18 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

19 The Secretary of Energy may transfer funds authorized

20 to be appropriated to the Department of Energy pursuant

21 to this title to other Federal agencies for the performance

22 of work for which the funds were authorized. Funds so

23 transferred may be merged with and be available for the

24 same purposes and for the same time period as the author-
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1 izations of the Federal agency to which the amounts are

2 transferred.

3 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

4 (1) Subject to paragraph (2), the Secretary of Energy may

5 transfer funds authorized to be appropriated to the De6 partment of Energy pursuant to this title between any

7 such authorizations. Amounts of authorizations so trans8 ferred may be merged with and be available for the same

9 purposes and for the same period as the authorization to

10 which the amounts are transferred.

11 (2) Not more than 5 percent of any such authoriza12 tion may be transferred between authorizations under

13 paragraph (1). No such authorization may be increased

14 or decreased by more than 5 percent by a transfer under

15 such paragraph.

16 (c) LIMITATIONS.—The authority provided by this

17 section to transfer authorizations—

18 (1) may be used only to provide funds for items

19 relating to activities necessary for national security

20 programs that have a higher priority than the items

21 from which the funds are transferred; and

22 (2) may not be used to provide funds for an

23 item for which Congress has specifically denied

24 funds.
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1 (d) NOTICE TO CONGRESS.—The Secretary of En2 ergy shall promptly notify the Committees on Armed Serv3 ices of the Senate and House of Representatives of any

4 transfer of funds to or from authorizations under this

5 title.

6 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC7 TION DESIGN.

8 (a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)

9 Subject to paragraph (2) and except as provided in para10 graph (3), before submitting to Congress a request for

11 funds for a construction project that is in support of a

12 national security program of the Department of Energy,

13 the Secretary of Energy shall complete a conceptual de14 sign for that project.

15 (2) If the estimated cost of completing a conceptual

16 design for a construction project exceeds $3,000,000, the

17 Secretary shall submit to Congress a request for funds for

18 the conceptual design before submitting a request for

19 funds for the construction project.

20 (3) The requirement in paragraph (1) does not apply

21 to a request for funds—

22 (A) for a construction project the total esti23 mated cost of which is less than $5,000,000; or

24 (B) for emergency planning, design, and con25 struction activities under section 3126.
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1 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

2 Within the amounts authorized by this title, the Secretary

3 of Energy may carry out construction design (including

4 architectural and engineering services) in connection with

5 any proposed construction project if the total estimated

6 cost for such design does not exceed $600,000.

7 (2) If the total estimated cost for construction design

8 in connection with any construction project exceeds

9 $600,000, funds for that design must be specifically au10 thorized by law.

11 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE12 SIGN, AND CONSTRUCTION ACTIVITIES.

13 (a) AUTHORITY.—The Secretary of Energy may use

14 any funds available to the Department of Energy pursuant

15 to an authorization in this title, including funds authorized

16 to be appropriated for advance planning and construction

17 design under sections 3101, 3102, and 3103, to perform

18 planning, design, and construction activities for any De19 partment of Energy national security program construc20 tion project that, as determined by the Secretary, must

21 proceed expeditiously in order to protect public health and

22 safety, to meet the needs of national defense, or to protect

23 property.

24 (b) LIMITATION.—The Secretary may not exercise

25 the authority under subsection (a) in the case of any con-
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1 struction project until the Secretary has submitted to the

2 congressional defense committees a report on the activities

3 that the Secretary intends to carry out under this section

4 and the circumstances making those activities necessary.

5 (c) SPECIFIC AUTHORITY.—The requirement of sec6 tion 3125(b)(2) does not apply to emergency planning, de7 sign, and construction activities conducted under this sec8 tion.

9 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU10 RITY PROGRAMS OF THE DEPARTMENT OF

11 ENERGY.

12 Subject to the provisions of appropriation Acts and

13 section 3121, amounts appropriated pursuant to this title

14 for management and support activities and for general

15 plant projects are available for use, when necessary, in

16 connection with all national security programs of the De17 partment of Energy.

18 SEC. 3128. AVAILABILITY OF FUNDS.

19 (a) IN GENERAL.—Except as provided in subsection

20 (b), when so specified in an appropriations Act, amounts

21 appropriated for operation and maintenance or for plant

22 projects may remain available until expended.

23 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

24 Amounts appropriated for program direction pursuant to

25 an authorization of appropriations in subtitle A shall re-
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1 main available to be expended only until the end of fiscal

2 year 2002.

3 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

4 MANAGEMENT FUNDS.

5 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON6 MENTAL MANAGEMENT FUNDS.—The Secretary of En7 ergy shall provide the manager of each field office of the

8 Department of Energy with the authority to transfer de9 fense environmental management funds from a program

10 or project under the jurisdiction of the office to another

11 such program or project.

12 (b) LIMITATIONS.—(1) Only one transfer may be

13 made to or from any program or project under subsection

14 (a) in a fiscal year.

15 (2) The amount transferred to or from a program

16 or project under subsection (a) may not exceed $5,000,000

17 in a fiscal year.

18 (3) A transfer may not be carried out by a manager

19 of a field office under subsection (a) unless the manager

20 determines that the transfer is necessary to address a risk

21 to health, safety, or the environment or to assure the most

22 efficient use of defense environmental management funds

23 at the field office.

24 (4) Funds transferred pursuant to subsection (a)

25 may not be used for an item for which Congress has spe-
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1 cifically denied funds or for a new program or project that

2 has not been authorized by Congress.

3 (c) EXEMPTION FROM REPROGRAMMING REQUIRE4 MENTS.—The requirements of section 3121 shall not

5 apply to transfers of funds pursuant to subsection (a).

6 (d) NOTIFICATION.—The Secretary, acting through

7 the Assistant Secretary of Energy for Environmental

8 Management, shall notify Congress of any transfer of

9 funds pursuant to subsection (a) not later than 30 days

10 after such transfer occurs.

11 (e) DEFINITIONS.—In this section:

12 (1) The term ‘‘program or project’’ means, with

13 respect to a field office of the Department of En14 ergy, any of the following:

15 (A) A program referred to or a project list16 ed in paragraph (2) or (3) of section 3102.

17 (B) A program or project not described in

18 subparagraph (A) that is for environmental res19 toration or waste management activities nec20 essary for national security programs of the De21 partment, that is being carried out by the of22 fice, and for which defense environmental man23 agement funds have been authorized and appro24 priated before the date of the enactment of this

25 Act.
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1 (2) The term ‘‘defense environmental manage2 ment funds’’ means funds appropriated to the De3 partment of Energy pursuant to an authorization for

4 carrying out environmental restoration and waste

5 management activities necessary for national secu6 rity programs.

7 (f) DURATION OF AUTHORITY.—The managers of the

8 field offices of the Department may exercise the authority

9 provided under subsection (a) during the period beginning

10 on October 1, 2000, and ending on September 30, 2001.

11 Subtitle C—Program Authoriza12 tions, Restrictions, and Limita13 tions

14 SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER

15 PROTECTION PROJECT, RICHLAND, WASH16 INGTON.

17 The Secretary of Energy may not use appropriated

18 funds to establish a reserve for the payment of any costs

19 of termination of any contract relating to the River Pro20 tection Project, Richland, Washington (as designated by

21 section 3141), that is terminated after the date of the en22 actment of this Act. Such costs may be paid from—

23 (1) appropriations originally available for the

24 performance of the contract concerned;
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1 (2) appropriations currently available for pri2 vatization initiatives in carrying out environmental

3 restoration and waste management activities nec4 essary for national security programs, and not other5 wise obligated; or

6 (3) funds appropriated specifically for the pay7 ment of such costs.

8 SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL

9 NUCLEAR SECURITY ADMINISTRATION AND

10 BALLISTIC MISSILE DEFENSE ORGANIZA11 TION.

12 (a) JOINTLY FUNDED PROJECTS.—The Secretary of

13 Energy and the Secretary of Defense shall modify the

14 memorandum of understanding for the use of the national

15 laboratories for ballistic missile defense programs, entered

16 into under section 3131 of the National Defense Author17 ization Act for Fiscal Year 1998 (Public Law 105–85; 111

18 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly

19 funded projects.

20 (b) REQUIREMENTS FOR PROJECTS.—The projects

21 referred to in subsection (a) shall—

22 (1) be carried out by the National Nuclear Se23 curity Administration and the Ballistic Missile De24 fense Organization; and

25 (2) contribute to sustaining—
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1 (A) the expertise necessary for the viability

2 of such laboratories; and

3 (B) the capabilities required to sustain the

4 nuclear stockpile.

5 (c) PARTICIPATION BY NNSA IN CERTAIN BMDO

6 ACTIVITIES.—The Administrator for Nuclear Security

7 and the Director of the Ballistic Missile Defense Organiza8 tion shall implement mechanisms that increase the cooper9 ative relationship between those organizations. Those

10 mechanisms may include participation by personnel of the

11 National Nuclear Security Administration in the following

12 activities of the Ballistic Missile Defense Organization:

13 (1) Peer reviews of technical efforts.

14 (2) Activities of so-called ‘‘red teams’’.

15 SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR

16 INFRASTRUCTURE UPGRADES OR MAINTE17 NANCE IN CERTAIN ACCOUNTS OF THE NA18 TIONAL NUCLEAR SECURITY ADMINISTRA19 TION.

20 (a) LIMITATION.—(1) Except as provided in para21 graph (2), the Secretary of Energy may not use amounts

22 appropriated or otherwise made available to the Secretary

23 for fiscal year 2001 for the purpose of infrastructure up24 grades or maintenance in an account specified in sub25 section (b) for any other purpose.
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1 (2) Paragraph (1) does not apply to a particular

2 amount for the purpose of a particular infrastructure up3 grade or maintenance project if the Secretary—

4 (A) determines that that project is not needed

5 by reason of a change to, or cancellation of, a pro6 gram for which that project was intended to be used;

7 and

8 (B) submits to the congressional defense com9 mittees the report referred to in subsection (c) and

10 a period of 45 days elapses after the date on which

11 such committees receive such report.

12 (b) COVERED ACCOUNTS.—An account referred to in

13 subsection (a) is any Construction account or Readiness

14 in Technical Base and Facilities account within any Na15 tional Nuclear Security Administration budget account.

16 (c) REPORT.—(1) The report referred to in sub17 section (a)(2)(B) is a report containing a full and complete

18 statement of—

19 (A) the determination of the Secretary under

20 subsection (a)(2)(A); and

21 (B) the action proposed to be taken with the

22 particular amount concerned and the facts and cir23 cumstances relied upon in support of such proposed

24 action.
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1 (2) In the computation of the 45-day period under

2 subsection (a)(2)(B), there shall be excluded any day on

3 which either House of Congress is not in session because

4 of an adjournment of more than three days to a day cer5 tain.

6 (d) COORDINATION WITH GENERAL REPROGRAM7 MING REPORT.—If the Secretary, in accordance with this

8 section, submits a report referred to in subsection (c) for

9 the use of a particular amount, that report shall be treat10 ed, for purposes of section 3121, as the report referred

11 to in subsection (b) of that section for that use of that

12 amount.

13 SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL

14 PERFORMANCE LEVELS FOR POST-SHIPMENT

15 VERIFICATION REPORTS ON ADVANCED

16 SUPERCOMPUTER SALES TO CERTAIN FOR17 EIGN NATIONS.

18 Section 3157 of the National Defense Authorization

19 Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(e) ADJUSTMENT OF PERFORMANCE LEVELS.—

23 Whenever a new composite theoretical performance level

24 is established under section 1211(d), that level shall apply
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1 for the purposes of subsection (a) of this section in lieu

2 of the level set forth in subsection (a).’’.

3 SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE

4 POLYGRAPH PROGRAM.

5 (a) COVERED PERSONS.—Subsection (b) of section

6 3154 of the Department of Energy Facilities Safeguards,

7 Security, and Counterintelligence Enhancement Act of

8 1999 (subtitle D of title XXXI of Public Law 106–65;

9 113 Stat. 941; 42 U.S.C. 7383h) is amended to read as

10 follows:

11 ‘‘(b) COVERED PERSONS.—(1) Subject to paragraph

12 (2), for purposes of this section, a covered person is one

13 of the following:

14 ‘‘(A) An officer or employee of the Department.

15 ‘‘(B) An expert or consultant under contract to

16 the Department.

17 ‘‘(C) An officer or employee of a contractor of

18 the Department.

19 ‘‘(D) An individual assigned or detailed to the

20 Department.

21 ‘‘(E) An applicant for a position in the Depart22 ment.

23 ‘‘(2) A person described in paragraph (1) is a covered

24 person for purposes of this section only if the position of

25 the person, or for which the person is applying, under that
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1 paragraph is a position in one of the categories of posi2 tions listed in section 709.4(a) of title 10, Code of Federal

3 Regulations.’’.

4 (b) HIGH-RISK PROGRAMS.—Subsection (c) of that

5 section is amended to read as follows:

6 ‘‘(c) HIGH-RISK PROGRAMS.—For purposes of this

7 section, high-risk programs are the following:

8 ‘‘(1) Programs using information known as

9 Sensitive Compartmented Information.

10 ‘‘(2) The programs known as Special Access

11 Programs and Personnel Security and Assurance

12 Programs.

13 ‘‘(3) Any other program or position category

14 specified in section 709.4(a) of title 10, Code of

15 Federal Regulations.’’.

16 (c) AUTHORITY TO WAIVE EXAMINATION REQUIRE17 MENT.—Subsection (d) of that section is amended—

18 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

19 and

20 (2) by adding at the end the following new

21 paragraphs:

22 ‘‘(2) Subject to paragraph (3), the Secretary may,

23 after consultation with appropriate security personnel,

24 waive the applicability of paragraph (1) to a covered

25 person—
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1 ‘‘(A) if—

2 ‘‘(i) the Secretary determines that the

3 waiver is important to the national security in4 terests of the United States;

5 ‘‘(ii) the covered person has an active secu6 rity clearance; and

7 ‘‘(iii) the covered person acknowledges in a

8 signed writing that the capacity of the covered

9 person to perform duties under a high-risk pro10 gram after the expiration of the waiver is condi11 tional upon meeting the requirements of para12 graph (1) within the effective period of the

13 waiver;

14 ‘‘(B) if another Federal agency certifies to the

15 Secretary that the covered person has completed

16 successfully a full-scope or counterintelligence-scope

17 polygraph examination during the 5-year period end18 ing on the date of the certification; or

19 ‘‘(C) if the Secretary determines, after consulta20 tion with the covered person and appropriate med21 ical personnel, that the treatment of a medical or

22 psychological condition of the covered person should

23 preclude the administration of the examination.

24 ‘‘(3)(A) The Secretary may not commence the exer25 cise of the authority under paragraph (2) to waive the ap-
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1 plicability of paragraph (1) to any covered persons until

2 15 days after the date on which the Secretary submits

3 to the appropriate committees of Congress a report setting

4 forth the criteria to be used by the Secretary for deter5 mining when a waiver under paragraph (2)(A) is impor6 tant to the national security interests of the United States.

7 The criteria shall not include the need to maintain the

8 scientific vitality of the laboratory. The criteria shall in9 clude an assessment of counterintelligence risks and pro10 grammatic impacts.

11 ‘‘(B) Any waiver under paragraph (2)(A) shall be ef12 fective for not more than 120 days, and a person who is

13 subject to a waiver under paragraph (2)(A) may not ever

14 be subject to another waiver under paragraph (2)(A).

15 ‘‘(C) Any waiver under paragraph (2)(C) shall be ef16 fective for the duration of the treatment on which such

17 waiver is based.

18 ‘‘(4) The Secretary shall submit to the appropriate

19 committees of Congress on a semi-annual basis a report

20 on any determinations made under paragraph (2)(A) dur21 ing the 6-month period ending on the date of such report.

22 The report shall include a national security justification

23 for each waiver resulting from such determinations.

24 ‘‘(5) In this subsection, the term ‘appropriate com25 mittees of Congress’ means the following:
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1 ‘‘(A) The Committee on Armed Services and

2 the Select Committee on Intelligence of the Senate.

3 ‘‘(B) The Committee on Armed Services and

4 the Permanent Select Committee on Intelligence of

5 the House of Representatives.

6 ‘‘(6) It is the sense of Congress that the waiver au7 thority in paragraph (2) not be used by the Secretary to

8 exempt from the applicability of paragraph (1) any cov9 ered persons in the highest risk categories, such as per10 sons who have access to the most sensitive weapons design

11 information and other highly sensitive programs, including

12 special access programs.

13 ‘‘(7) The authority under paragraph (2) to waive the

14 applicability of paragraph (1) to a covered person shall

15 expire on September 30, 2002.’’.

16 (d) SCOPE OF COUNTERINTELLIGENCE POLYGRAPH

17 EXAMINATION.—Subsection (f) of that section is

18 amended—

19 (1) by inserting ‘‘terrorism,’’ after ‘‘sabotage,’’;

20 and

21 (2) by inserting ‘‘deliberate damage to or mali22 cious misuse of a United States Government infor23 mation or defense system,’’ before ‘‘and’’.
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1 SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT

2 CLOSURE PROJECT FACILITIES.

3 (a) AUTHORITY TO PROVIDE INCENTIVES.—Notwith4 standing any other provision of law, the Secretary of En5 ergy may provide to any eligible employee of the Depart6 ment of Energy one or more of the incentives described

7 in subsection (d).

8 (b) ELIGIBLE EMPLOYEES.—An individual is an eli9 gible employee of the Department of Energy for purposes

10 of this section if the individual—

11 (1) has worked continuously at a closure facility

12 for at least two years;

13 (2) is an employee (as that term is defined in

14 section 2105(a) of title 5, United States Code);

15 (3) has a fully satisfactory or equivalent per16 formance rating during the most recent performance

17 period and is not subject to an adverse notice re18 garding conduct; and

19 (4) meets any other requirement or condition

20 under subsection (d) for the incentive which is pro21 vided the employee under this section.

22 (c) CLOSURE FACILITY DEFINED.—For purposes of

23 this section, the term ‘‘closure facility’’ means a Depart24 ment of Energy facility at which the Secretary is carrying

25 out a closure project selected under section 3143 of the
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1 National Defense Authorization Act for Fiscal Year 1997

2 (42 U.S.C. 7274n).

3 (d) INCENTIVES.—The incentives that the Secretary

4 may provide under this section are the following:

5 (1) The right to accumulate annual leave pro6 vided by section 6303 of title 5, United States Code,

7 for use in succeeding years until it totals not more

8 than 90 days, or not more than 720 hours based on

9 a standard work week, at the beginning of the first

10 full biweekly pay period, or corresponding period for

11 an employee who is not paid on the basis of biweekly

12 pay periods, occurring in a year, except that—

13 (A) any annual leave that remains unused

14 when an employee transfers to a position in a

15 department or agency of the Federal Govern16 ment shall be liquidated upon the transfer by

17 payment to the employee of a lump sum for

18 leave in excess of 30 days, or in excess of 240

19 hours based on a standard work week; and

20 (B) upon separation from service, annual

21 leave accumulated under this paragraph shall

22 be treated as any other accumulated annual

23 leave is treated.

24 (2) The right to be paid a retention allowance

25 in a lump sum in compliance with paragraphs (1)
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1 and (2) of section 5754(b) of title 5, United States

2 Code, if the employee meets the requirements of sec3 tion 5754(a) of that title, except that the retention

4 allowance may exceed 25 percent, but may not be

5 more than 30 percent, of the employee’s rate of

6 basic pay.

7 (e) AGREEMENT.—An eligible employee of the De8 partment of Energy provided an incentive under this sec9 tion shall enter into an agreement with the Secretary to

10 remain employed at the closure facility at which the em11 ployee is employed as of the date of the agreement until

12 a specific date or for a specific period of time.

13 (f) VIOLATION OF AGREEMENT.—(1) Except as pro14 vided under paragraph (3), an eligible employee of the De15 partment of Energy who violates an agreement under sub16 section (e), or is dismissed for cause, shall forfeit eligibility

17 for any incentives under this section as of the date of the

18 violation or dismissal, as the case may be.

19 (2) Except as provided under paragraph (3), an eligi20 ble employee of the Department of Energy who is paid

21 a retention allowance under subsection (d)(2) and who vio22 lates an agreement under subsection (e), or is dismissed

23 for cause, before the end of the period or date of employ24 ment agreed upon under such agreement shall refund to

25 the United States an amount that bears the same ratio
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1 to the aggregate amount so paid to or received by the em2 ployee as the unserved part of such employment bears to

3 the total period of employment agreed upon under such

4 agreement.

5 (3) The Secretary may waive the applicability of

6 paragraph (1) or (2) to an employee otherwise covered by

7 such paragraph if the Secretary determines that there is

8 good and sufficient reason for the waiver.

9 (g) REPORT.—The Secretary shall include in each re10 port on a closure project under section 3143(h) of the Na11 tional Defense Authorization Act for Fiscal Year 1997 a

12 report on the incentives, if any, provided under this section

13 with respect to the project for the period covered by such

14 report.

15 (h) AUTHORITY WITH RESPECT TO HEALTH COV16 ERAGE.—Section 8905a(d)(5)(A) of title 5, United States

17 Code (as added by section 1106 of the Veterans Millen18 nium Health Care and Benefits Act (Public Law 106–117;

19 113 Stat. 1598)), is amended by inserting after ‘‘readjust20 ment’’ the following: ‘‘, or a voluntary or involuntary sepa21 ration from a Department of Energy position at a Depart22 ment of Energy facility at which the Secretary is carrying

23 out a closure project selected under section 3143 of the

24 National Defense Authorization Act for Fiscal Year 1997

25 (42 U.S.C. 7274n)’’.
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1 (i) AUTHORITY WITH RESPECT TO VOLUNTARY SEP2 ARATIONS.—(1) The Secretary may—

3 (A) separate from service any employee at a

4 Department of Energy facility at which the Sec5 retary is carrying out a closure project selected

6 under section 3143 of the National Defense Author7 ization Act for Fiscal Year 1997 (42 U.S.C. 7274n)

8 who volunteers to be separated under this subpara9 graph even though the employee is not otherwise

10 subject to separation due to a reduction in force;

11 and

12 (B) for each employee voluntarily separated

13 under subparagraph (A), retain an employee in a

14 similar position who would otherwise be separated

15 due to a reduction in force.

16 (2) The separation of an employee under paragraph

17 (1)(A) shall be treated as an involuntary separation due

18 to a reduction in force.

19 (3) An employee with critical knowledge and skills (as

20 defined by the Secretary) may not participate in a vol21 untary separation under paragraph (1)(A) if the Secretary

22 determines that such participation would impair the per23 formance of the mission of the Department of Energy.

24 (j) TERMINATION.—The authority to provide incen25 tives under this section terminates on March 31, 2007.
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1 SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT,

2 AND DISPOSITION OF LEGACY NUCLEAR MA3 TERIALS.

4 (a) CONTINUATION.—The Secretary of Energy shall

5 continue operations and maintain a high state of readiness

6 at the F–canyon and H–canyon facilities at the Savannah

7 River Site, Aiken, South Carolina, and shall provide tech8 nical staff necessary to operate and so maintain such fa9 cilities.

10 (b) LIMITATION ON USE OF FUNDS FOR DECOMMIS11 SIONING OF F–CANYON FACILITY.—No amounts author12 ized to be appropriated or otherwise made available for

13 the Department of Energy by this or any other Act may

14 be obligated or expended for purposes of commencing the

15 decommissioning of the F–canyon facility at the Savannah

16 River Site until the Secretary and the Defense Nuclear

17 Facilities Safety Board jointly submit to the Committee

18 on Armed Services of the Senate and the Committee on

19 Armed Services of the House of Representatives the fol20 lowing:

21 (1) A certification that all materials present in

22 the F–canyon facility as of the date of the certifi23 cation are safely stabilized.

24 (2) A certification whether or not the require25 ments applicable to the F–canyon facility to meet

26 the future needs of the United States for fissile ma-
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1 terials disposition can be met through full use of the

2 H–canyon facility at the Savannah River Site.

3 (3) If the certification required by paragraph

4 (2) is that such requirements cannot be met through

5 such use of the H–canyon facility—

6 (A) an identification by the Secretary of

7 each such requirement that cannot be met

8 through such use of the H–canyon facility; and

9 (B) for each requirement identified in sub10 paragraph (A), the reasons why that require11 ment cannot be met through such use of the

12 H–canyon facility and a description of the alter13 native capability for fissile materials disposition

14 that is needed to meet that requirement.

15 (c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL

16 SEPARATION ACTIVITIES.—Not later than February 15,

17 2001, the Secretary shall submit to the Committee on

18 Armed Services of the Senate and the Committee on

19 Armed Services of the House of Representatives a plan

20 for the transfer of all long-term chemical separation activi21 ties at the Savannah River Site from the F–canyon facility

22 to the H–canyon facility commencing in fiscal year 2002.
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1 SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN

2 FUNDS PENDING CERTIFICATIONS OF COM3 PLIANCE WITH FORMERLY UTILIZED SITES

4 REMEDIAL ACTION PROGRAM FUNDING PRO5 HIBITION.

6 (a) CONTINGENT LIMITATION ON AVAILABILITY OF

7 FUNDS FOR CERTAIN TRAVEL EXPENSES.—Effective No8 vember 1, 2001, but subject to subsection (b), no funds

9 authorized to be appropriated or otherwise made available

10 by this or any other Act for the Department of Energy

11 or the Department of the Army may be obligated or ex12 pended for travel by—

13 (1) the Secretary of Energy or any officer or

14 employee of the Office of the Secretary of Energy;

15 or

16 (2) the Chief of Engineers.

17 (b) EFFECTIVE DATE.—The limitation in subsection

18 (a) shall not take effect if before November 1, 2001, both

19 of the following certifications are submitted to the con20 gressional defense committees:

21 (1) A certification by the Secretary of Energy

22 that the Department of Energy is in compliance

23 with the requirements of section 3131 of the Na24 tional Defense Authorization Act for Fiscal Year

25 2000 (Public Law 106–65; 113 Stat. 925; 10 U.S.C.

26 2701 note).
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1 (2) A certification by the Chief of Engineers

2 that the Corps of Engineers is in compliance with

3 the requirements of that section.

4 (c) TERMINATION.—If the limitation in subsection

5 (a) takes effect, the limitation shall cease to be in effect

6 when both certifications referred to in subsection (b) have

7 been submitted to the congressional defense committees.

8 SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEO9 SCIENCES LABORATORY AT IDAHO NATIONAL

10 ENGINEERING AND ENVIRONMENTAL LAB11 ORATORY, IDAHO FALLS, IDAHO.

12 (a) AUTHORIZATION.—Of the amounts authorized to

13 be appropriated by paragraphs (2) and (3) of section

14 3102(a), not more than $400,000 may be available to the

15 Secretary of Energy for purposes of carrying out a concep16 tual design for a Subsurface Geosciences Laboratory at

17 Idaho National Engineering and Environmental Labora18 tory, Idaho Falls, Idaho.

19 (b) LIMITATION.—None of the funds authorized to

20 be appropriated by subsection (a) may be obligated until

21 60 days after the date on which the Secretary submits

22 the report required by subsection (c).

23 (c) REPORT.—The Secretary of Energy shall submit

24 to the congressional defense committees a report on the
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1 proposed Subsurface Geosciences Laboratory. The report

2 shall include the following:

3 (1) Whether there is a need to conduct

4 mesoscale experiments to meet long-term clean-up

5 requirements at Department of Energy sites.

6 (2) The possibility of using or modifying an ex7 isting structure or facility to house a new capability

8 for conducting mesoscale experiments.

9 (3) The estimated construction cost of the facil10 ity.

11 (4) The estimated annual operating cost of the

12 facility.

13 (5) How the facility will use, integrate, and

14 support the technical expertise, capabilities, and re15 quirements at other Department of Energy and non16 Department of Energy facilities.

17 (6) An analysis of costs, savings, and benefits

18 which are unique to the Idaho National Engineering

19 and Environmental Laboratory.

20 SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAW21 RENCE LIVERMORE NATIONAL LABORATORY,

22 LIVERMORE, CALIFORNIA.

23 (a) NEW BASELINE.—(1) Not more than 50 percent

24 of the funds available for the national ignition facility

25 (Project 96–D–111) may be obligated or expended until
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1 the Administrator for Nuclear Security submits to the

2 Committees on Armed Services of the Senate and House

3 of Representatives a report setting forth a new baseline

4 plan for the completion of the national ignition facility.

5 (2) The report shall include—

6 (A) the funding required for completion of the

7 facility, set forth in detail, year by year; and

8 (B) projected dates for the completion of pro9 gram milestones, including the date on which the

10 first laser beams are expected to become operational.

11 (b) COMPTROLLER GENERAL REVIEW OF NIF PRO12 GRAM.—(1) The Comptroller General shall conduct a thor13 ough review of the national ignition facility program.

14 (2) Not later than March 31, 2001, the Comptroller

15 General shall submit to the Committees on Armed Serv16 ices of the Senate and House of Representatives a report

17 on the review conducted under paragraph (1). The report

18 shall include the following:

19 (A) An analysis of—

20 (i) the role of the national ignition facility

21 in ensuring the safety and reliability of the nu22 clear stockpile of the United States;

23 (ii) the relationship of the national ignition

24 facility program to other significant programs
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1 to sustain the nuclear stockpile of the United

2 States; and

3 (iii) the potential effect of delays in the na4 tional ignition facility program, and of a failure

5 to complete significant program objectives of

6 the program, on the other significant programs

7 to sustain the nuclear stockpile of the United

8 States, such as the Accelerated Strategic Com9 puting Initiative Program.

10 (B) A detailed description and analysis of the

11 funds spent as of the date of the report on the na12 tional ignition facility program.

13 (C) An assessment whether the new baseline

14 plan for the national ignition facility program sub15 mitted under subsection (a) includes clear goals for

16 that program, adequate and sustainable funding,

17 and achievable milestones for that program.

18 SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND,

19 WASHINGTON.

20 (a) REDESIGNATION OF PROJECT.—The tank waste

21 remediation system environmental project, Richland,

22 Washington, including all programs relating to the re23 trieval and treatment of tank waste at the site at Hanford,

24 Washington, under the management of the Office of River

25 Protection, shall be known and designated as the ‘‘River
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1 Protection Project’’. Any reference to that project in any

2 law, regulation, map, document, record, or other paper of

3 the United States shall be considered to be a reference

4 to the River Protection Project.

5 (b) MANAGEMENT AND RESPONSIBILITY OF OFFICE

6 OF RIVER PROTECTION.—Subsection (b) of section 3139

7 of the Strom Thurmond National Defense Authorization

8 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

9 2250) is amended—

10 (1) in paragraph (2), by striking ‘‘managing all

11 aspects of the’’ and all that follows through the pe12 riod and inserting ‘‘managing, consistent with the

13 policy direction established by the Department, all

14 aspects of the River Protection Project, Richland,

15 Washington.’’; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(3)(A) The Assistant Secretary of Energy for Envi19 ronmental Management shall delegate in writing responsi20 bility for the management of the River Protection Project,

21 Richland, Washington, to the head of the Office.

22 ‘‘(B) Such delegation shall include, at a minimum,

23 authorities for contracting, financial management, safety,

24 and general program management that are equivalent to
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1 the authorities of managers of other operations offices of

2 the Department of Energy.

3 ‘‘(C) The head of the Office shall, to the maximum

4 extent possible, coordinate all activities of the Office with

5 the manager of the Richland Operations Office of the De6 partment of Energy.’’.

7 (c) DEPARTMENT RESPONSIBILITIES.—Subsection

8 (c) of such section is amended—

9 (1) by striking ‘‘manager’’ and inserting

10 ‘‘head’’; and

11 (2) by striking ‘‘to manage’’ and all that follows

12 through the period and inserting ‘‘to carry out the

13 responsibilities specified in subsection (b)(2).’’.

14 (d) REPORTING TO CONGRESS.—Subsection (d) of

15 such section is amended to read as follows:

16 ‘‘(d) REPORT.—The Assistant Secretary of Energy

17 for Environmental Management shall submit to the Com18 mittee on Armed Services of the Senate and the Com19 mittee on Armed Services of the House of Representatives,

20 not later than 30 days after the date of the enactment

21 of the Floyd D. Spence National Defense Authorization

22 Act for Fiscal Year 2001, a copy of the delegation of au23 thority required by subsection (b)(3).’’.
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1 SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYS2 TEM, HANFORD RESERVATION, RICHLAND,

3 WASHINGTON.

4 Not later than December 15, 2000, the Secretary of

5 Energy shall submit to Congress a report on the Tank

6 Waste Remediation System project, Hanford Reservation,

7 Richland, Washington. The report shall include the fol8 lowing:

9 (1) A proposed plan for processing and stabi10 lizing all nuclear waste located in the Hanford Tank

11 Farm.

12 (2) A proposed schedule for carrying out that

13 proposed plan.

14 (3) The total estimated cost of carrying out

15 that proposed plan.

16 (4) A description of any alternative options to

17 that proposed plan and a description of the costs

18 and benefits of each such option.

19 (5) A description of the volumes and character20 istics of any wastes or materials that are not to be

21 treated during phase 1(B) of the project.

22 (6) A plan for developing, demonstrating, and

23 implementing advanced vitrification system tech24 nologies that can be used to treat and stabilize any

25 out-of-specification wastes or materials (such as pol26 ychlorinated biphenyls) that cannot be treated and
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1 stabilized with the technologies that are to be used

2 during phase 1(B) of the project.

3 Subtitle D—Matters Relating to

4 Management of National Nu5 clear Security Administration

6 SEC. 3151. TERM OF OFFICE OF PERSON FIRST APPOINTED

7 AS UNDER SECRETARY FOR NUCLEAR SECU8 RITY OF THE DEPARTMENT OF ENERGY.

9 (a) LENGTH OF TERM.—The term of office as Under

10 Secretary for Nuclear Security of the Department of En11 ergy of the person first appointed to that position shall

12 be three years.

13 (b) EXCLUSIVE REASONS FOR REMOVAL.—The ex14 clusive reasons for removal from office as Under Secretary

15 for Nuclear Security of the person described in subsection

16 (a) shall be inefficiency, neglect of duty, or malfeasance

17 in office.

18 (c) POSITION DESCRIBED.—The position of Under

19 Secretary for Nuclear Security of the Department of En20 ergy referred to in this section is the position established

21 by subsection (c) of section 202 of the Department of En22 ergy Organization Act (42 U.S.C. 7132), as added by sec23 tion 3202 of the National Nuclear Security Administration

24 Act (title XXXII of Public Law 106–65; 113 Stat. 954).
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1 SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NU2 CLEAR SECURITY ON THE JOINT NUCLEAR

3 WEAPONS COUNCIL.

4 (a) MEMBERSHIP.—Section 179 of title 10, United

5 States Code, is amended—

6 (1) in subsection (a), by striking paragraph (3)

7 and inserting the following new paragraph (3):

8 ‘‘(3) The Under Secretary for Nuclear Security

9 of the Department of Energy.’’; and

10 (2) in subsection (b)(2), by striking ‘‘the rep11 resentative designated under subsection (a)(3)’’ and

12 inserting ‘‘the Under Secretary for Nuclear Security

13 of the Department of Energy’’.

14 (b) CONFORMING AMENDMENT.—Section 3212 of the

15 National Nuclear Security Administration Act (title

16 XXXII of Public Law 106–65; 113 Stat. 957; 50 U.S.C.

17 2402) is amended by adding at the end the following new

18 subsection:

19 ‘‘(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS

20 COUNCIL.—The Administrator serves as a member of the

21 Joint Nuclear Weapons Council under section 179 of title

22 10, United States Code.’’.
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1 SEC. 3153. ORGANIZATION PLAN FOR FIELD OFFICES OF

2 THE NATIONAL NUCLEAR SECURITY ADMIN3 ISTRATION.

4 (a) PLAN REQUIRED.—Not later than May 1, 2001,

5 the Administrator for Nuclear Security shall submit to the

6 Committee on Armed Services of the Senate and the Com7 mittee on Armed Services of the House of Representatives

8 a plan for assigning roles and responsibilities to and

9 among the headquarters and field organizational units of

10 the National Nuclear Security Administration.

11 (b) PLAN ELEMENTS.—The plan shall include the

12 following:

13 (1) A general description of the organizational

14 structure of the administrative functions of the Na15 tional Nuclear Security Administration under the

16 plan, including the authorities and responsibilities to

17 be vested in the units of the headquarters, oper18 ations offices, and area offices of the Administra19 tion.

20 (2) A description of any downsizing, elimi21 nation, or consolidation of units of the headquarters,

22 operations offices, and area offices of the Adminis23 tration that may be necessary to enhance the effi24 ciency of the Administration.

25 (3) A description of the modifications of staff26 ing levels of the headquarters, operations offices,
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1 and area offices of the Administration, including any

2 reductions in force, employment of additional per3 sonnel, or realignments of personnel, that are nec4 essary to implement the plan.

5 (4) A schedule for the implementation of the

6 plan.

7 (c) INCLUDED FACILITIES.—The plan shall address

8 any administrative units in the National Nuclear Security

9 Administration, including units in and under the fol10 lowing:

11 (1) The Department of Energy Headquarters,

12 Washington, District of Columbia, metropolitan

13 area.

14 (2) The Albuquerque Operations Office, Albu15 querque, New Mexico.

16 (3) The Nevada Operations Office, Las Vegas,

17 Nevada.

18 (4) The Oak Ridge Operations Office, Oak

19 Ridge, Tennessee.

20 (5) The Oakland Operations Office, Oakland,

21 California.

22 (6) The Savannah River Operations Office,

23 Aiken, South Carolina.

24 (7) The Los Alamos Area Office, Los Alamos,

25 New Mexico.
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1 (8) The Kirtland Area Office, Albuquerque,

2 New Mexico.

3 (9) The Amarillo Area Office, Amarillo, Texas.

4 (10) The Kansas City Area Office, Kansas City,

5 Missouri.

6 SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NU7 CLEAR SECURITY PROGRAM.

8 (a) CONTENTS REQUIRED.—Subsection (b) of section

9 3253 of the National Nuclear Security Administration Act

10 (title XXXII of Public Law 106–65; 113 Stat. 966; 50

11 U.S.C. 2453) is amended—

12 (1) by striking paragraph (1);

13 (2) by redesignating paragraph (2) as para14 graph (4); and

15 (3) by inserting before paragraph (4) (as redes16 ignated by paragraph (2)) the following new para17 graphs:

18 ‘‘(1) A detailed description of the program ele19 ments (and the projects, activities, and construction

20 projects associated with each such program element)

21 during the applicable five-fiscal year period for at

22 least each of the following:

23 ‘‘(A) For defense programs—

24 ‘‘(i) directed stockpile work;

25 ‘‘(ii) campaigns;
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1 ‘‘(iii) readiness in technical base and

2 facilities; and

3 ‘‘(iv) secure transportation asset.

4 ‘‘(B) For defense nuclear

5 nonproliferation—

6 ‘‘(i) nonproliferation and verification,

7 research, and development;

8 ‘‘(ii) arms control; and

9 ‘‘(iii) fissile materials disposition.

10 ‘‘(C) For naval reactors, naval reactors op11 erations and maintenance.

12 ‘‘(2) A statement of proposed budget authority,

13 estimated expenditures, and proposed appropriations

14 necessary to support each program element specified

15 pursuant to paragraph (1).

16 ‘‘(3) A detailed description of how the funds

17 identified for each program element specified pursu18 ant to paragraph (1) in the budget for the Adminis19 tration for each fiscal year during that five-fiscal

20 year period will help ensure that the nuclear weap21 ons stockpile is safe and reliable, as determined in

22 accordance with the criteria established under sec23 tion 3158 of the Strom Thurmond National Defense

24 Authorization Act for Fiscal Year 1999 (42 U.S.C.

25 2121 note).’’.
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1 (b) CONFORMING AMENDMENTS.—Such section is

2 further amended—

3 (1) by striking subsection (c);

4 (2) by redesignating subsections (d) and (e) as

5 subsections (c) and (d), respectively; and

6 (3) in subsection (d), as so redesignated, by

7 striking ‘‘subsection (d)’’ and inserting ‘‘subsection

8 (c)’’.

9 SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM

10 FOR FISCAL YEAR 2001.

11 (a) PROGRAM REQUIRED.—(1) Without regard to

12 any future-years nuclear security program submitted be13 fore the date of the enactment of this Act, the Adminis14 trator for Nuclear Security shall submit to the congres15 sional defense committees a future-years nuclear security

16 program (including associated annexes) for fiscal year

17 2001 and the five succeeding fiscal years.

18 (2) The program shall reflect the estimated expendi19 tures and proposed appropriations included in the budget

20 for fiscal year 2001 that was submitted to Congress under

21 section 1105(a) of title 31, United States Code.

22 (b) PROGRAM DETAIL.—The level of detail of the

23 program submitted under subsection (a) shall be equiva24 lent to the level of detail in the Project Baseline Summary
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1 system of the Department of Energy, if practicable, but

2 in no event below the following:

3 (1) In the case of directed stockpile work, detail

4 as follows:

5 (A) Stockpile research and development.

6 (B) Stockpile maintenance.

7 (C) Stockpile evaluation.

8 (D) Dismantlement and disposal.

9 (E) Production support.

10 (F) Field engineering, training, and manu11 als.

12 (2) In the case of campaigns, detail as follows:

13 (A) Primary certification.

14 (B) Dynamic materials properties.

15 (C) Advanced radiography.

16 (D) Secondary certification and nuclear

17 system margins.

18 (E) Enhanced surety.

19 (F) Weapons system engineering certifi20 cation.

21 (G) Certification in hostile environments.

22 (H) Enhanced surveillance.

23 (I) Advanced design and production tech24 nologies.
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1 (J) Inertial confinement fusion (ICF) igni2 tion and high yield.

3 (K) Defense computing and modeling.

4 (L) Pit manufacturing readiness.

5 (M) Secondary readiness.

6 (N) High explosive readiness.

7 (O) Nonnuclear readiness.

8 (P) Materials readiness.

9 (Q) Tritium readiness.

10 (3) In the case of readiness in technical base

11 and facilities, detail as follows:

12 (A) Operation of facilities.

13 (B) Program readiness.

14 (C) Special projects.

15 (D) Materials recycle and recovery.

16 (E) Containers.

17 (F) Storage.

18 (4) In the case of secure transportation assets,

19 detail as follows:

20 (A) Operation and maintenance.

21 (B) Program direction relating to trans22 portation.

23 (5) Program direction.

24 (6) Construction (listed by project number).
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1 (7) In the case of safeguards and security, de2 tail as follows:

3 (A) Operation and maintenance.

4 (B) Construction.

5 (c) DEADLINE FOR SUBMITTAL.—The future-years

6 nuclear security program required by subsection (a) shall

7 be submitted not later than November 1, 2000.

8 (d) LIMITATION ON USE OF FUNDS PENDING SUB9 MITTAL.—Not more than 65 percent of the funds appro10 priated pursuant to the authorization of appropriations in

11 section 3101(a)(1)(C) or otherwise made available made

12 available to the Department of Energy for fiscal year 2001

13 for program direction in carrying out weapons activities

14 may be obligated or expended until 45 days after the date

15 on which the Administrator for Nuclear Security submits

16 to the congressional defense committees the program re17 quired by subsection (a).

18 SEC. 3156. ENGINEERING AND MANUFACTURING RE19 SEARCH, DEVELOPMENT, AND DEMONSTRA20 TION BY PLANT MANAGERS OF CERTAIN NU21 CLEAR WEAPONS PRODUCTION PLANTS.

22 (a) AUTHORITY FOR PROGRAMS AT NUCLEAR WEAP23 ONS PRODUCTIONS FACILITIES.—The Administrator for

24 Nuclear Security shall authorize the head of each nuclear

25 weapons production facility to establish an Engineering
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1 and Manufacturing Research, Development, and Dem2 onstration Program under this section.

3 (b) PROJECTS AND ACTIVITIES.—The projects and

4 activities carried out through the program at a nuclear

5 weapons production facility under this section shall sup6 port innovative or high-risk design and manufacturing

7 concepts and technologies with potentially high payoff for

8 the nuclear weapons complex. Those projects and activities

9 may include—

10 (1) replacement of obsolete or aging design and

11 manufacturing technologies;

12 (2) development of innovative agile manufac13 turing techniques and processes; and

14 (3) training, recruitment, or retention of essen15 tial personnel in critical engineering and manufac16 turing disciplines.

17 (c) FUNDING.—The Administrator may authorize the

18 head of each nuclear weapons production facility to obli19 gate up to $3,000,000 of funds within the Advanced De20 sign and Production Technologies Campaign available for

21 such facility during fiscal year 2001 to carry out projects

22 and activities of the program under this section at that

23 facility.

24 (d) REPORT.—The Administrator for Nuclear Secu25 rity shall submit to the Committee on Armed Services of
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1 the Senate and the Committee on Armed Services of the

2 House of Representatives, not later than September 15,

3 2001, a report describing, for each nuclear weapons pro4 duction facility, each project or activity for which funds

5 were obligated under the program, the criteria used in the

6 selection of each such project or activity, the potential ben7 efits of each such project or activity, and the Administra8 tor’s recommendation concerning whether the program

9 should be continued.

10 (e) DEFINITION.—For purposes of this section, the

11 term ‘‘nuclear weapons production facility’’ has the mean12 ing given that term in section 3281(2) of the National Nu13 clear Security Administration Act (title XXXII of Public

14 Law 106–65; 113 Stat. 968; 50 U.S.C. 2471(2)).

15 SEC. 3157. PROHIBITION ON INDIVIDUALS ENGAGING IN

16 CONCURRENT SERVICE OR DUTIES WITHIN

17 NATIONAL NUCLEAR SECURITY ADMINISTRA18 TION AND OUTSIDE THAT ADMINISTRATION

19 BUT WITHIN DEPARTMENT OF ENERGY.

20 Section 3213 of the National Nuclear Security Ad21 ministration Act (title XXXII of Public Law 106–65; 113

22 Stat. 958; 50 U.S.C. 2403) is amended—

23 (1) in subsection (a), by striking ‘‘Administra24 tion,’’ and all that follows through ‘‘function of the’’;
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1 (2) in subsection (b), by striking ‘‘, in carrying

2 out any function of the Administration,’’; and

3 (3) by adding at the end the following new sub4 section:

5 ‘‘(d) PROHIBITION ON DUAL OFFICE HOLDING.—

6 Except in accordance with sections 3212(a)(2) and

7 3216(a)(1):

8 ‘‘(1) An individual may not concurrently hold or

9 carry out the responsibilities of—

10 ‘‘(A) a position within the Administration;

11 and

12 ‘‘(B) a position within the Department of

13 Energy not within the Administration.

14 ‘‘(2) No funds appropriated or otherwise made

15 available for any fiscal year may be used to pay, to

16 an individual who concurrently holds or carries out

17 the responsibilities of a position specified in para18 graph (1)(A) and a position specified in paragraph

19 (1)(B), the basic pay, salary, or other compensation

20 relating to any such position.’’.

21 SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF

22 THE NATIONAL NUCLEAR SECURITY ADMIN23 ISTRATION.

24 (a) PLAN REQUIRED.—Section 3252 of the National

25 Nuclear Security Administration Act (title XXXII of Pub-
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1 lic Law 106–65; 113 Stat. 966; 50 U.S.C. 2452) is

2 amended—

3 (1) by inserting ‘‘(a) PROCEDURES RE4 QUIRED.—’’ before ‘‘The Administrator shall’’; and

5 (2) by adding at the end the following new sub6 sections:

7 ‘‘(b) ANNUAL PLAN FOR OBLIGATION OF FUNDS.—

8 (1) Each year, the Administrator shall prepare a plan for

9 the obligation of the amounts that, in the President’s

10 budget submitted to Congress that year under section

11 1105(a) of title 31, United States Code, are proposed to

12 be appropriated for the Administration for the fiscal year

13 that begins in that year (in this section referred to as the

14 ‘budget year’) and the two succeeding fiscal years.

15 ‘‘(2) For each program element and construction line

16 item of the Administration, the plan shall provide the goal

17 of the Administration for the obligation of those amounts

18 for that element or item for each fiscal year of the plan,

19 expressed as a percentage of the total amount proposed

20 to be appropriated in that budget for that element or item.

21 ‘‘(c) SUBMISSION OF PLAN AND REPORT.—The Ad22 ministrator shall submit to Congress each year, at or

23 about the time that the President’s budget is submitted

24 to Congress under section 1105(a) of title 31, United

25 States Code, each of the following:
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1 ‘‘(1) The plan required by subsection (b) pre2 pared with respect to that budget.

3 ‘‘(2) A report on the plans prepared with re4 spect to the preceding years’ budgets, which shall in5 clude, for each goal provided in those plans—

6 ‘‘(A) the assessment of the Administrator

7 as to whether or not that goal was met; and

8 ‘‘(B) if that assessment is that the goal

9 was not met—

10 ‘‘(i) the reasons why that goal was not

11 met; and

12 ‘‘(ii) the plan of the Administrator for

13 meeting or, if necessary, adjusting that

14 goal.’’.

15 (b) EFFECTIVE DATE OF REQUIREMENT TO ASSESS

16 PRIOR PLAN.—The first report submitted under para17 graph (2) of subsection (c) of such section (as added by

18 subsection (a)) shall be the report on the plan prepared

19 with respect to the budget submitted in calendar year

20 2001.

21 (c) GAO REPORT.—Not later than March 15, 2001,

22 the Comptroller General shall submit to the congressional

23 defense committees an assessment of the adequacy of the

24 planning, programming, and budgeting processes of the

25 National Nuclear Security Administration.
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1 SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NU2 CLEAR SECURITY ADMINISTRATION.

3 (a) REORGANIZATION AUTHORITY.—Section 3212 of

4 the National Nuclear Security Administration Act (title

5 XXXII of Public Law 106–65; 113 Stat. 957; 50 U.S.C.

6 2402) is amended by adding at the end the following new

7 subsection:

8 ‘‘(e) REORGANIZATION AUTHORITY.—Except as pro9 vided by subsections (b) and (c) of section 3291:

10 ‘‘(1) The Administrator may establish, abolish,

11 alter, consolidate, or discontinue any organizational

12 unit or component of the Administration, or transfer

13 any function of the Administration.

14 ‘‘(2) Such authority does not apply to the aboli15 tion of organizational units or components estab16 lished by law or the transfer of functions vested by

17 law in any organizational unit or component.’’.

18 (b) CONFORMING AMENDMENTS.—Section 643 of the

19 Department of Energy Organization Act (42 U.S.C. 7253)

20 is amended—

21 (1) by striking ‘‘The Secretary’’ and inserting

22 ‘‘(a) Except as provided in subsection (b), the Sec23 retary’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(b) The authority of the Secretary under subsection

2 (a) does not apply to the National Nuclear Security Ad3 ministration. The corresponding authority that applies to

4 the Administration is set forth in section 3212(e) of the

5 National Nuclear Security Administration Act.’’.

6 Subtitle E—National Laboratories

7 Partnership Improvement

8 SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PRO9 GRAM.

10 (a) ESTABLISHMENT.—The Administrator for Nu11 clear Security shall establish a Technology Infrastructure

12 Pilot Program in accordance with this section.

13 (b) PURPOSE.—The purpose of the program shall be

14 to explore new methods of collaboration and improvements

15 in the management and effectiveness of collaborative pro16 grams carried out by the national security laboratories and

17 nuclear weapons production facilities in partnership with

18 private industry and institutions of higher education and

19 to improve the ability of those laboratories and facilities

20 to support missions of the Administration.

21 (c) FUNDING.—(1) Except as provided in paragraph

22 (2), funding shall be available for the pilot program only

23 to the extent of specific authorizations and appropriations

24 enacted after the date of the enactment of this Act.
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1 (2) From amounts available in fiscal years 2001 and

2 2002 for technology partnership programs of the Adminis3 tration, the Administrator may allocate to carry out the

4 pilot program not more than $5,000,000.

5 (d) PROJECT REQUIREMENTS.—A project may not be

6 approved for the pilot program unless the project meets

7 the following requirements:

8 (1) The participants in the project include—

9 (A) a national security laboratory or nu10 clear weapons production facility; and

11 (B) one or more of the following:

12 (i) A business.

13 (ii) An institution of higher education.

14 (iii) A nonprofit institution.

15 (iv) An agency of a State, local, or

16 tribal government.

17 (2)(A) Not less than 50 percent of the costs of

18 the project are to be provided by non-Federal

19 sources.

20 (B)(i) The calculation of the amount of the

21 costs of the project provided by non-Federal sources

22 shall include cash, personnel, services, equipment,

23 and other resources expended on the project.

24 (ii) No funds or other resources expended be25 fore the start of the project or outside the project’s
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1 scope of work may be credited toward the costs pro2 vided by non-Federal sources to the project.

3 (3) The project (other than in the case of a

4 project under which the participating laboratory or

5 facility receives funding under this section) shall be

6 competitively selected by that laboratory or facility

7 using procedures determined to be appropriate by

8 the Administrator.

9 (4) No Federal funds shall be made available

10 under this section for—

11 (A) construction; or

12 (B) any project for more than five years.

13 (e) SELECTION CRITERIA.—(1) The projects selected

14 for the pilot program shall—

15 (A) stimulate the development of technology ex16 pertise and capabilities in private industry and insti17 tutions of higher education that can support the nu18 clear weapons and nuclear nonproliferation missions

19 of the national security laboratories and nuclear

20 weapons production facilities on a continuing basis;

21 (B) improve the ability of those laboratories

22 and facilities benefit from commercial research, tech23 nology, products, processes, and services that can

24 support the nuclear weapons and nuclear non-
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1 proliferation missions of those laboratories and fa2 cilities on a continuing basis; and

3 (C) encourage the exchange of scientific and

4 technological expertise between those laboratories

5 and facilities and—

6 (i) institutions of higher education;

7 (ii) technology-related business concerns;

8 (iii) nonprofit institutions; and

9 (iv) agencies of State, tribal, or local gov10 ernments;

11 that can support the missions of those laboratories

12 and facilities.

13 (2) The Administrator may authorize the provision

14 of Federal funds for a project under this section only if

15 the director of the laboratory or facility managing the

16 project determines that the project is likely to improve the

17 ability of that laboratory or facility to achieve technical

18 success in meeting nuclear weapons and nuclear non19 proliferation missions of the Administration.

20 (3) The Administrator shall require the director of

21 the laboratory or facility to consider the following criteria

22 in selecting a project to receive Federal funds:

23 (A) The potential of the project to succeed,

24 based on its technical merit, team members, man25 agement approach, resources, and project plan.
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1 (B) The potential of the project to promote the

2 development of a commercially sustainable tech3 nology, determined by considering whether the

4 project will derive sufficient demand for its products

5 or services from the private sector to support the nu6 clear weapons and nuclear nonproliferation missions

7 of the participating laboratory or facility on a con8 tinuing basis.

9 (C) The potential of the project to promote the

10 use of commercial research, technology, products,

11 processes, and services by the participating labora12 tory or facility to achieve its nuclear weapons and

13 nuclear nonproliferation missions.

14 (D) The commitment shown by non-Federal or15 ganizations to the project, based primarily on the

16 nature and amount of the financial and other re17 sources they will risk on the project.

18 (E) The extent to which the project involves a

19 wide variety and number of institutions of higher

20 education, nonprofit institutions, and technology-re21 lated business concerns that can support the nuclear

22 weapons and nuclear nonproliferation missions of

23 the participating laboratory or facility on a con24 tinuing basis and that will make substantive con25 tributions to achieving the goals of the project.
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1 (F) The extent of participation in the project by

2 agencies of State, tribal, or local governments that

3 will make substantive contributions to achieving the

4 goals of the project.

5 (G) The extent to which the project focuses on

6 promoting the development of technology-related

7 business concerns that are small business concerns

8 or involves small business concerns substantively in

9 the project.

10 (f) IMPLEMENTATION PLAN.—No funds may be allo11 cated for the pilot program until 30 days after the date

12 on which the Administrator submits to the congressional

13 defense committees a plan for the implementation of the

14 pilot program. The plan shall, at a minimum—

15 (1) identify the national security laboratories

16 and nuclear weapons production facilities that have

17 been designated by the Administrator to participate

18 in the pilot program; and

19 (2) with respect to each laboratory or facility

20 identified under paragraph (1)—

21 (A) identify the businesses, institutions of

22 higher education, nonprofit institutions, and

23 agencies of State, local, or tribal government

24 that are expected to participate in the pilot pro25 gram at that laboratory or facility;
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1 (B) identify the technology areas to be ad2 dressed by the pilot program at that laboratory

3 or facility and the manner in which the pilot

4 program will support high-priority missions of

5 that laboratory or facility on a continuing basis;

6 and

7 (C) describe the management controls that

8 have been put into place to ensure that the pilot

9 program as conducted at that laboratory or fa10 cility is conducted in a cost-effective manner

11 consistent with the objectives of the pilot pro12 gram.

13 (g) REPORT ON IMPLEMENTATION.—(1) Not later

14 than February 1, 2002, the Administrator shall submit

15 to the congressional defense committees a report on the

16 implementation and management of the pilot program.

17 The report shall take into consideration the results of the

18 pilot program to date and the views of the directors of

19 the participating laboratories and facilities. The report

20 shall include any recommendations the Administrator may

21 have concerning the future of the pilot program.

22 (2) Not later than 30 days after the date on which

23 the Administrator submits the report required by para24 graph (1), the Comptroller General shall submit to the
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1 congressional defense committees a report containing the

2 Comptroller General’s assessment of that report.

3 SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN

4 NATIONAL NUCLEAR SECURITY ADMINISTRA5 TION ACTIVITIES.

6 (a) REPORT REQUIRED.—Not later than February

7 15, 2001, the Administrator for Nuclear Security shall

8 submit to the congressional defense committees a report

9 on small business participation in the activities of the Na10 tional Nuclear Security Administration.

11 (b) CONTENTS OF REPORT.—The report shall include

12 the following:

13 (1) A description of the scope and nature of the

14 efforts of the National Nuclear Security Administra15 tion as of the date of the enactment of this Act to

16 encourage or increase participation of small business

17 concerns in procurements, collaborative research,

18 technology licensing, and technology transfer activi19 ties carried out by the national security laboratories

20 or nuclear weapons production facilities.

21 (2) An assessment of the effectiveness of those

22 efforts in securing products and services of value to

23 those laboratories and facilities.

24 (3) Recommendations on how to improve those

25 efforts.
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1 (4) An identification of legislative changes re2 quired to implement those recommendations.

3 SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING

4 MISSION EFFECTIVENESS, PARTNERSHIPS,

5 AND TECHNOLOGY TRANSFER AT NATIONAL

6 SECURITY LABORATORIES AND NUCLEAR

7 WEAPONS PRODUCTION FACILITIES.

8 (a) STUDY AND REPORT REQUIRED.—The Secretary

9 of Energy shall direct the Secretary of Energy Advisory

10 Board to study and to submit to the Secretary not later

11 than one year after the date of the enactment of this Act

12 a report regarding the following topics:

13 (1) The advantages and disadvantages of pro14 viding the Administrator for Nuclear Security with

15 authority, notwithstanding the limitations otherwise

16 imposed by the Federal Acquisition Regulation, to

17 enter into transactions with public agencies, private

18 organizations, or individuals on terms the Adminis19 trator considers appropriate to the furtherance of

20 basic, applied, and advanced research functions. The

21 Advisory Board shall consider, in its assessment of

22 this authority, the management history of the De23 partment of Energy and the effect of this authority

24 on the National Nuclear Security Administration’s
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1 use of contractors to operate the national security

2 laboratories.

3 (2) The advantages and disadvantages of estab4 lishing and implementing policies and procedures to

5 facilitate the transfer of scientific, technical, and

6 professional personnel among national security lab7 oratories and nuclear weapons production facilities.

8 (3) The advantages and disadvantages of mak9 ing changes in—

10 (A) the indemnification requirements for

11 patents or other intellectual property licensed

12 from a national security laboratory or nuclear

13 weapons production facility;

14 (B) the royalty and fee schedules and

15 types of compensation that may be used for

16 patents or other intellectual property licensed to

17 a small business concern from a national secu18 rity laboratory or nuclear weapons production

19 facility;

20 (C) the licensing procedures and require21 ments for patents and other intellectual prop22 erty;

23 (D) the rights given to a small business

24 concern that has licensed a patent or other in25 tellectual property from a national security lab-
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1 oratory or nuclear weapons production facility

2 to bring suit against third parties infringing

3 such intellectual property;

4 (E) the advance funding requirements for

5 a small business concern funding a project at a

6 national security laboratory or nuclear weapons

7 production facility through a funds-in agree8 ment;

9 (F) the intellectual property rights allo10 cated to a business when it is funding a project

11 at a national security laboratory or nuclear

12 weapons production facility through a funds-in

13 agreement; and

14 (G) policies on royalty payments to inven15 tors employed by a contractor operating a na16 tional security laboratory or nuclear weapons

17 production facility, including those for inven18 tions made under a funds-in agreement.

19 (b) DEFINITION OF FUNDS-IN AGREEMENT.—For

20 the purposes of this section, the term ‘‘funds-in agree21 ment’’ means a contract between the Department and a

22 non-Federal organization under which that organization

23 pays the Department to provide a service or material not

24 otherwise available in the domestic private sector.
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1 (c) SUBMISSION TO CONGRESS.—Not later than one

2 month after receiving the report under subsection (a), the

3 Secretary shall submit to Congress that report, along with

4 the Secretary’s recommendations for action and proposals

5 for legislation to implement the recommendations.

6 SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NU7 CLEAR SECURITY ADMINISTRATION TECH8 NOLOGY DEVELOPMENT PARTNERSHIPS

9 WITH NON-FEDERAL ENTITIES.

10 (a) REPORT REQUIRED.—The Administrator for Nu11 clear Security shall submit to Congress, not later than

12 March 1, 2001, a report on the efficiency and effectiveness

13 with which the National Nuclear Security Administration

14 and its laboratories and facilities carry out technology de15 velopment activities in partnership with non-Federal enti16 ties, including cooperative research and development

17 agreements. The report shall include an examination of

18 the following matters with respect to the carrying out of

19 those activities:

20 (1) Funding sources available to and used by

21 the Administration.

22 (2) Types of legal instruments used by the Ad23 ministration, and the extent to which they are used.

24 (3) Procedures used for selection of partici25 pants.
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1 (4) Intellectual property licensing and royalty

2 provisions.

3 (5) New technologies developed.

4 (6) The extent to which those new technologies

5 have—

6 (A) commercial utility; and

7 (B) utility to the nuclear weapons and nu8 clear nonproliferation missions of the Adminis9 tration.

10 (b) ADDITIONAL REQUIREMENTS FOR COOPERATIVE

11 RESEARCH AND DEVELOPMENT AGREEMENTS.—(1) The

12 report required by subsection (a) shall include a section

13 providing the following with respect to cooperative re14 search and development agreements:

15 (A) An assessment of the advantages and dis16 advantages of such agreements.

17 (B) Any recommendations of the Administrator

18 regarding the use of such agreements by the Admin19 istration in the future, including any appropriate

20 funding levels.

21 (C) Any recommendations of the Administrator

22 regarding legislation to make such agreements more

23 effective in supporting the Administration’s core nu24 clear weapons and nuclear non-proliferation mis25 sions.
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1 (2) In this subsection, the term ‘‘cooperative research

2 and development agreement’’ has the meaning given such

3 term in section 12(d)(1) of the Stevenson-Wydler Tech4 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)).

5 (c) GAO REVIEW.—The Comptroller General shall

6 submit to Congress, within 30 days after the submission

7 of the report required by subsection (a), a report con8 taining the Comptroller General’s assessment of that re9 port.

10 SEC. 3165. DEFINITIONS.

11 For purposes of this subtitle, the terms ‘‘national se12 curity laboratory’’ and ‘‘nuclear weapons production facil13 ity’’ have the meanings given such terms in section 3281

14 of the National Nuclear Security Administration Act (title

15 XXXII of Public Law 106–65; 113 Stat. 968; 50 U.S.C.

16 2471).

17 Subtitle F—Matters Relating to

18 Defense Nuclear Nonproliferation

19 SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MA20 TERIALS PROTECTION, CONTROL, AND AC21 COUNTING PROGRAM.

22 (a) REPORT REQUIRED.—Not later than January 1

23 of each year, the Secretary of Energy shall submit to the

24 Committee on Armed Services of the Senate and the Com25 mittee on Armed Services of the House of Representatives
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1 a report on the status of efforts during the preceding fiscal

2 year under the Nuclear Materials Protection, Control, and

3 Accounting Program of the Department of Energy to se4 cure weapons-usable nuclear materials in Russia that have

5 been identified as being at risk for theft or diversion.

6 (b) CONTENTS.—Each report under subsection (a)

7 shall include the following:

8 (1) The number of buildings, including building

9 locations, that received complete and integrated ma10 terials protection, control, and accounting systems

11 for nuclear materials described in subsection (a)

12 during the year covered by such report.

13 (2) The amounts of highly enriched uranium

14 and plutonium in Russia that have been secured

15 under systems described in paragraph (1) as of the

16 date of such report.

17 (3) The amount of nuclear materials described

18 in subsection (a) that continues to require securing

19 under systems described in paragraph (1) as of the

20 date of such report.

21 (4) A plan for actions to secure the nuclear ma22 terials identified in paragraph (3) under systems de23 scribed in paragraph (1), including an estimate of

24 the cost of such actions.
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1 (5) The amounts expended through the fiscal

2 year preceding the date of such report to secure nu3 clear materials described in subsection (a) under

4 systems described in paragraph (1), set forth by

5 total amount and by amount per fiscal year.

6 (c) LIMITATION ON USE OF CERTAIN FUNDS.—(1)

7 No amounts authorized to be appropriated for the Depart8 ment of Energy by this Act or any other Act for purposes

9 of the Nuclear Materials Protection, Control, and Ac10 counting Program may be obligated or expended after

11 September 30, 2000, for any project under the program

12 at a site controlled by the Russian Ministry of Atomic En13 ergy (MINATOM) in Russia until the Secretary submits

14 to the Committee on Armed Services of the Senate and

15 the Committee on Armed Services of the House of Rep16 resentatives a report on the access policy established with

17 respect to such project, including a certification that the

18 access policy has been implemented.

19 (2) The access policy with respect to a project under

20 this subsection shall—

21 (A) permit appropriate determinations by

22 United States officials regarding security require23 ments, including security upgrades, for the project;

24 and
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1 (B) ensure verification by United States offi2 cials that Department of Energy assistance at the

3 project is being used for the purposes intended.

4 SEC. 3172. NUCLEAR CITIES INITIATIVE.

5 (a) IN GENERAL.—(1) The Secretary of Energy may,

6 in accordance with the provisions of this section, expand

7 and enhance the activities of the Department of Energy

8 under the Nuclear Cities Initiative.

9 (2) In this section, the term ‘‘Nuclear Cities Initia10 tive’’ means the initiative arising pursuant to the joint

11 statement dated July 24, 1998, signed by the Vice Presi12 dent of the United States and the Prime Minister of the

13 Russian Federation and the agreement dated September

14 22, 1998, between the United States and the Russian Fed15 eration.

16 (b) FUNDING FOR FISCAL YEAR 2001.—There is

17 hereby authorized to be appropriated for the Department

18 of Energy for fiscal year 2001 $30,000,000 for purposes

19 of the Nuclear Cities Initiative.

20 (c) LIMITATION PENDING SUBMISSION OF AGREE21 MENT.—No amount authorized to be appropriated or oth22 erwise made available for the Department of Energy for

23 fiscal year 2001 for the Nuclear Cities Initiative may be

24 obligated or expended to provide assistance under the Ini25 tiative for more than three nuclear cities in Russia and
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1 two serial production facilities in Russia until 30 days

2 after the date on which the Secretary of Energy submits

3 to the Committee on Armed Services of the Senate and

4 the Committee on Armed Services of the House of Rep5 resentatives a copy of a written agreement between the

6 United States Government and the Government of the

7 Russian Federation which provides that Russia will close

8 some of its facilities engaged in nuclear weapons assembly

9 and disassembly work.

10 (d) LIMITATION PENDING IMPLEMENTATION OF

11 PROJECT REVIEW PROCEDURES.—(1) Not more than

12 $8,750,000 of the amounts referred to in subsection (b)

13 may be obligated or expended for purposes of the Initiative

14 until the Secretary of Energy establishes and implements

15 project review procedures for projects under the Initiative

16 and submits to the Committee on Armed Services of the

17 Senate and the Committee on Armed Services of the

18 House of Representatives a report on the project review

19 procedures so established and implemented.

20 (2) The project review procedures established under

21 paragraph (1) shall ensure that any scientific, technical,

22 or commercial project initiated under the Initiative—

23 (A) will not enhance the military or weapons of

24 mass destruction capabilities of Russia;
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1 (B) will not result in the inadvertent transfer or

2 utilization of products or activities under such

3 project for military purposes;

4 (C) will be commercially viable; and

5 (D) will be carried out in conjunction with an

6 appropriate commercial, industrial, or nonprofit enti7 ty as partner.

8 (e) LIMITATION PENDING CERTIFICATION AND RE9 PORT.—No amount in excess of $17,500,000 authorized

10 to be appropriated for the Department of Energy for fiscal

11 year 2001 for the Nuclear Cities Initiative may be obli12 gated or expended for purposes of providing assistance

13 under the Initiative until 30 days after the date on which

14 the Secretary of Energy submits to the Committee on

15 Armed Services of the Senate and the Committee on

16 Armed Services of the House of Representatives the fol17 lowing:

18 (1) A copy of the written agreement between

19 the United States and the Russian Federation which

20 provides that Russia will close some of its facilities

21 engaged in nuclear weapons assembly and dis22 assembly work within five years of the date of the

23 agreement in exchange for receiving assistance

24 through the Initiative.

25 (2) A certification by the Secretary—
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1 (A) that project review procedures for all

2 projects under the Initiative have been estab3 lished and are being implemented; and

4 (B) that those procedures will ensure that

5 any scientific, technical, or commercial project

6 initiated under the Initiative—

7 (i) will not enhance the military or

8 weapons of mass destruction capabilities of

9 Russia;

10 (ii) will not result in the inadvertent

11 transfer or utilization of products or activi12 ties under such project for military pur13 poses;

14 (iii) will be commercially viable within

15 three years after the date of the initiation

16 of the project; and

17 (iv) will be carried out in conjunction

18 with an appropriate commercial, industrial,

19 or other nonprofit entity as partner.

20 (3) A report setting forth the following:

21 (A) A description of the project review pro22 cedures process.

23 (B) A list of the projects under the Initia24 tive that have been reviewed under such project

25 review procedures.
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1 (C) A description for each project listed

2 under subparagraph (B) of the purpose, ex3 pected life-cycle costs, out-year budget costs,

4 participants, commercial viability, expected time

5 for income generation, and number of Russian

6 jobs created.

7 (f) PLAN FOR RESTRUCTURING THE RUSSIAN NU8 CLEAR COMPLEX.—(1) The President, acting through the

9 Secretary of Energy, is urged to enter into discussions

10 with the Russian Federation for purposes of the develop11 ment by the Russian Federation of a plan to restructure

12 the Russian nuclear complex in order to meet changes in

13 the national security requirements of Russia by 2010.

14 (2) The plan under paragraph (1) should include the

15 following:

16 (A) Mechanisms to consolidate the nuclear

17 weapons production capacity in Russia to a capacity

18 that is consistent with the obligations of Russia

19 under current and future arms control agreements.

20 (B) Mechanisms to increase transparency re21 garding the restructuring of the Russian nuclear

22 complex and weapons-surplus nuclear materials in23 ventories in Russia to the levels of transparency for

24 such matters in the United States, including the
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1 participation of Department of Energy officials with

2 expertise in transparency of such matters.

3 (C) Measurable milestones that will permit the

4 United States and the Russian Federation to mon5 itor progress under the plan.

6 (g) ENCOURAGEMENT OF CAREERS IN NON7 PROLIFERATION.—(1) In carrying out actions under this

8 section, the Secretary of Energy may carry out a program

9 to encourage students in the United States and in the

10 Russian Federation to pursue careers in areas relating to

11 nonproliferation.

12 (2) Of the amounts made available under the Initia13 tive for fiscal year 2001 in excess of $17,500,000, up to

14 $2,000,000 shall be available for purposes of the program

15 under paragraph (1).

16 (3) The Administrator for Nuclear Security shall no17 tify the Committee on Armed Services of the Senate and

18 the Committee on Armed Services of the House of Rep19 resentatives before any funds are expended pursuant to

20 paragraph (2). Any such notification shall include—

21 (A) an identification of the amount to be ex22 pended under paragraph (2) during fiscal year 2001;

23 (B) the recipients of the funds; and

24 (C) specific information on the activities that

25 will be conducted using those funds.
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1 (h) DEFINITIONS.—In this section:

2 (1) The term ‘‘nuclear city’’ means any of the

3 closed nuclear cities within the complex of the Rus4 sian Ministry of Atomic Energy as follows:

5 (A) Sarov (Arzamas–16).

6 (B) Zarechnyy (Penza–19).

7 (C) Novoural’sk (Sverdlovsk–44).

8 (D) Lesnoy (Sverdlovsk–45).

9 (E) Ozersk (Chelyabinsk–65).

10 (F) Snezhinsk (Chelyabinsk–70).

11 (G) Trechgornyy (Zlatoust–36).

12 (H) Seversk (Tomsk–7).

13 (I) Zheleznogorsk (Krasnoyarsk–26).

14 (J) Zelenogorsk (Krasnoyarsk–45).

15 (2) The term ‘‘Russian nuclear complex’’ means

16 all of the nuclear cities.

17 (3) The term ‘‘serial production facilities’’

18 means the facilities in Russia that are located at the

19 following cities:

20 (A) Avangard.

21 (B) Lesnoy (Sverdlovsk–45).

22 (C) Trechgornyy (Zlatoust–36).

23 (D) Zarechnyy (Penza–19).
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1 SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION

2 MONITORING.

3 (a) REPORT REQUIRED.—Not later than March 1,

4 2001, the Secretary of Energy shall submit to the Com5 mittee on Armed Services of the Senate and the Com6 mittee on Armed Services of the House of Representatives

7 a report on the efforts of the Department of Energy to

8 ensure adequate oversight and accountability of the De9 partment’s nonproliferation programs in Russia and the

10 potential costs and effects of the use of on-the-ground

11 monitoring for the Department’s significant nonprolifera12 tion programs in Russia. The report shall include the fol13 lowing:

14 (1) A detailed discussion of the current man15 agement and oversight mechanisms used to ensure

16 that Federal funds are expended for the intended

17 purposes of those programs and that the projects

18 are achieving their intended objectives.

19 (2) An evaluation of whether those mechanisms

20 are adequate.

21 (3) A discussion of whether there is a need for

22 additional employees of the Department, or of con23 tractors of the Department, to be stationed in Rus24 sia, or to visit nonproliferation project sites in Rus25 sia on a regular basis, to monitor the programs car-
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1 ried out at those sites, and an estimate of the prac2 tical considerations and costs of such monitoring.

3 (4) An identification of each nonproliferation

4 program and each site at which an employee re5 ferred to in paragraph (3) would be placed to mon6 itor that program.

7 (5) A description of the costs associated with

8 continued on-the-ground monitoring of those pro9 grams, including the costs associated with placing

10 those employees in Russia.

11 (6) Recommendations regarding the most cost12 effective option for the Department to pursue to en13 sure that Federal funds for those programs are ex14 pended for the intended purposes of those programs.

15 (7) Any recommendations of the Secretary for

16 further improvements in the oversight and account17 ability of those programs, including any proposed

18 legislation.

19 (b) GAO REPORT.—Not later than April 15, 2001,

20 the Comptroller General shall submit to the committees

21 referred to in subsection (a) a report setting forth the as22 sessment of the Comptroller General concerning the infor23 mation contained in the report required by that sub24 section.
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1 SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR CO2 ORDINATION OF NONPROLIFERATION PRO3 GRAMS.

4 It is the sense of Congress that there should be clear

5 and effective coordination among—

6 (1) the Nuclear Cities Initiative;

7 (2) the Initiatives for Proliferation Prevention

8 program;

9 (3) the Cooperative Threat Reduction pro10 grams;

11 (4) the Nuclear Materials Protection, Control,

12 and Accounting Program; and

13 (5) the International Science and Technology

14 Center program.

15 SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTER16 NATIONAL NUCLEAR SAFETY PROGRAM.

17 Amounts authorized to be appropriated or otherwise

18 made available by this title for the Department of Energy

19 for fiscal year 2001 for the International Nuclear Safety

20 Program in the former Soviet Union and Eastern Europe

21 shall be available only for purposes of reactor safety up22 grades and training relating to nuclear operator and reac23 tor safety.
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1 Subtitle G—Other Matters

2 SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT

3 OF CERTAIN SCIENTIFIC, ENGINEERING, AND

4 TECHNICAL PERSONNEL.

5 Section 3161(c)(1) of the National Defense Author6 ization Act for Fiscal Year 1995 (Public Law 103–337;

7 42 U.S.C. 7231 note) is amended by striking ‘‘September

8 30, 2000’’ and inserting ‘‘September 30, 2002’’.

9 SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NU10 CLEAR TEST READINESS POSTURES.

11 Section 3152 of the National Defense Authorization

12 Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat.

13 623) is amended—

14 (1) by inserting ‘‘(a) REPORT.—’’ before ‘‘Not

15 later than February 15, 1996,’’; and

16 (2) by adding at the end the following:

17 ‘‘(b) BIENNIAL UPDATE REPORT.—(1) Not later

18 than February 15 of each odd-numbered year, the Sec19 retary shall submit to the congressional defense commit20 tees a report containing an update of the report required

21 under subsection (a), as updated by any report previously

22 submitted under this paragraph.

23 ‘‘(2) Each report under paragraph (1) shall include,

24 as of the date of such report, the following:
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1 ‘‘(A) A list and description of the workforce

2 skills and capabilities that are essential to carry out

3 underground nuclear tests at the Nevada Test Site.

4 ‘‘(B) A list and description of the infrastructure

5 and physical plant that are essential to carry out un6 derground nuclear tests at the Nevada Test Site.

7 ‘‘(C) A description of the readiness status of

8 the skills and capabilities described in subparagraph

9 (A) and of the infrastructure and physical plant de10 scribed in subparagraph (B).

11 ‘‘(3) Each report under paragraph (1) shall be sub12 mitted in unclassified form, but may include a classified

13 annex.’’.

14 SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RE15 LEASES OF RESTRICTED DATA AND FOR16 MERLY RESTRICTED DATA.

17 (a) FREQUENCY OF REPORTS.—Section 3161(f)(2)

18 of the Strom Thurmond National Defense Authorization

19 Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

20 2261; 50 U.S.C. 435 note) is amended to read as follows:

21 ‘‘(2) The Secretary of Energy shall, on a quarterly

22 basis, submit a report to the committees and Assistant

23 to the President specified in subsection (d). The report

24 shall state whether any inadvertent releases described in
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1 paragraph (1) occurred during the immediately preceding

2 quarter and, if so, shall identify each such release.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) apply with respect to inadvertent releases

5 of Restricted Data and Formerly Restricted Data that are

6 discovered on or after the date of the enactment of this

7 Act.

8 SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE

9 SAFETY OR RELIABILITY OF THE NUCLEAR

10 WEAPONS STOCKPILE.

11 Any certification submitted to the President by the

12 Secretary of Defense or the Secretary of Energy regarding

13 confidence in the safety or reliability of a nuclear weapon

14 type in the United States nuclear weapons stockpile shall

15 be submitted in classified form only.

16 SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COM17 MENDATION TO DEPARTMENT OF ENERGY

18 AND CONTRACTOR EMPLOYEES FOR EXEM19 PLARY SERVICE IN STOCKPILE STEWARD20 SHIP AND SECURITY.

21 (a) AUTHORITY TO PRESENT CERTIFICATE OF COM22 MENDATION.—The Secretary of Energy may present a

23 certificate of commendation to any current or former em24 ployee of the Department of Energy, and any current or

25 former employee of a Department contractor, whose serv-
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1 ice to the Department in matters relating to stockpile

2 stewardship and security assisted the Department in fur3 thering the national security interests of the United

4 States.

5 (b) CERTIFICATE.—The certificate of commendation

6 presented to a current or former employee under sub7 section (a) shall include an appropriate citation of the

8 service of the current or former employee described in that

9 subsection, including a citation for dedication, intellect,

10 and sacrifice in furthering the national security interests

11 of the United States by maintaining a strong, safe, and

12 viable United States nuclear deterrent during the Cold

13 War or thereafter.

14 (c) DEPARTMENT OF ENERGY DEFINED.—For pur15 poses of this section, the term ‘‘Department of Energy’’

16 includes any predecessor agency of the Department of En17 ergy.

18 SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT

19 AGREEMENTS FOR GOVERNMENT-OWNED,

20 CONTRACTOR-OPERATED LABORATORIES.

21 (a) STRATEGIC PLANS.—Subsection (a) of section 12

22 of the Stevenson-Wydler Technology Innovation Act of

23 1980 (15 U.S.C. 3710a) is amended by striking ‘‘joint

24 work statement,’’ and inserting ‘‘joint work statement or,
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1 if permitted by the agency, in an agency-approved annual

2 strategic plan,’’.

3 (b) EXPERIMENTAL FEDERAL WAIVERS.—Sub4 section (b) of that section is amended by adding at the

5 end the following new paragraph:

6 ‘‘(6)(A) In the case of a laboratory that is part of

7 the National Nuclear Security Administration, a des8 ignated official of that Administration may waive any li9 cense retained by the Government under paragraph

10 (1)(A), (2), or (3)(D), in whole or in part and according

11 to negotiated terms and conditions, if the designated offi12 cial finds that the retention of the license by the Govern13 ment would substantially inhibit the commercialization of

14 an invention that would otherwise serve an important na15 tional security mission.

16 ‘‘(B) The authority to grant a waiver under subpara17 graph (A) shall expire on the date that is five years after

18 the date of the enactment of the Floyd D. Spence National

19 Defense Authorization Act for Fiscal Year 2001. The expi20 ration under the preceding sentence of authority to grant

21 a waiver under subparagraph (A) shall not affect any

22 waiver granted under that subparagraph before the expi23 ration of such authority.

24 ‘‘(C) Not later than February 15 of each year, the

25 Administrator for Nuclear Security shall submit to Con-
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1 gress a report on any waivers granted under this para2 graph during the preceding year.’’.

3 (c) TIME REQUIRED FOR APPROVAL.—Subsection

4 (c)(5) of that section is amended—

5 (1) by striking subparagraph (C);

6 (2) by redesignating subparagraph (D) as sub7 paragraph (C); and

8 (3) in subparagraph (C), as so redesignated—

9 (A) in clause (i)—

10 (i) by striking ‘‘with a small business

11 firm’’; and

12 (ii) by inserting ‘‘if’’ after ‘‘state13 ment’’; and

14 (B) by adding at the end the following new

15 clauses:

16 ‘‘(iv) Any agency that has contracted with a non-Fed17 eral entity to operate a laboratory may develop and pro18 vide to such laboratory one or more model cooperative re19 search and development agreements for purposes of stand20 ardizing practices and procedures, resolving common legal

21 issues, and enabling review of cooperative research and de22 velopment agreements to be carried out in a routine and

23 prompt manner.
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1 ‘‘(v) A Federal agency may waive the requirements

2 of clause (i) or (ii) under such circumstances as the agency

3 considers appropriate.’’.

4 SEC. 3197. OFFICE OF ARCTIC ENERGY.

5 (a) ESTABLISHMENT.—The Secretary of Energy may

6 establish within the Department of Energy an Office of

7 Arctic Energy.

8 (b) PURPOSES.—The purposes of such office shall be

9 as follows:

10 (1) To promote research, development, and de11 ployment of electric power technology that is cost-ef12 fective and especially well suited to meet the needs

13 of rural and remote regions of the United States, es14 pecially where permafrost is present or located near15 by.

16 (2) To promote research, development, and de17 ployment in such regions of—

18 (A) enhanced oil recovery technology, in19 cluding heavy oil recovery, reinjection of carbon,

20 and extended reach drilling technologies;

21 (B) gas-to-liquids technology and liquified

22 natural gas (including associated transportation

23 systems);

24 (C) small hydroelectric facilities, river tur25 bines, and tidal power;
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1 (D) natural gas hydrates, coal bed meth2 ane, and shallow bed natural gas; and

3 (E) alternative energy, including wind,

4 geothermal, and fuel cells.

5 (c) LOCATION.—The Secretary shall locate such of6 fice at a university with expertise and experience in the

7 matters specified in subsection (b).

8 TITLE XXXII—DEFENSE NU9 CLEAR FACILITIES SAFETY

10 BOARD

11 SEC. 3201. AUTHORIZATION.

12 There are authorized to be appropriated for fiscal

13 year 2001, $18,500,000 for the operation of the Defense

14 Nuclear Facilities Safety Board under chapter 21 of the

15 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

16 TITLE XXXIII—NATIONAL

17 DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.

Sec. 3302. Increased receipts under prior disposal authority.

Sec. 3303. Disposal of titanium.

18 SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

19 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis20 cal year 2001, the National Defense Stockpile Manager

21 may obligate up to $71,000,000 of the funds in the Na22 tional Defense Stockpile Transaction Fund established

23 under subsection (a) of section 9 of the Strategic and Crit24 ical Materials Stock Piling Act (50 U.S.C. 98h) for the
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1 authorized uses of such funds under subsection (b)(2) of

2 such section, including the disposal of hazardous materials

3 that are environmentally sensitive.

4 (b) ADDITIONAL OBLIGATIONS.—The National De5 fense Stockpile Manager may obligate amounts in excess

6 of the amount specified in subsection (a) if the National

7 Defense Stockpile Manager notifies Congress that extraor8 dinary or emergency conditions necessitate the additional

9 obligations. The National Defense Stockpile Manager may

10 make the additional obligations described in the notifica11 tion after the end of the 45-day period beginning on the

12 date on which Congress receives the notification.

13 (c) LIMITATIONS.—The authorities provided by this

14 section shall be subject to such limitations as may be pro15 vided in appropriations Acts.

16 SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL

17 AUTHORITY.

18 Section 3303(a)(4) of the Strom Thurmond National

19 Defense Authorization Act for Fiscal Year 1999 (Public

20 Law 105–261; 112 Stat. 2263; 50 U.S.C. 98d note) is

21 amended by striking ‘‘$590,000,000’’ and inserting

22 ‘‘$720,000,000’’.

23 SEC. 3303. DISPOSAL OF TITANIUM.

24 (a) DISPOSAL REQUIRED.—Notwithstanding any

25 other provision of law, the President shall, by September
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1 30, 2010, dispose of 30,000 short tons of titanium con2 tained in the National Defense Stockpile.

3 (b) TREATMENT OF RECEIPTS.—Notwithstanding

4 section 9 of the Strategic and Critical Materials Stock Pil5 ing Act (50 U.S.C. 98h), of the funds received as a result

6 of the disposal of titanium under subsection (a),

7 $6,000,000 shall be transferred to the American Battle

8 Monuments Commission for deposit in the fund estab9 lished under section 2113 of title 36, United States Code,

10 for the World War II memorial authorized by section 1

11 of Public Law 103–32 (107 Stat. 90), and the remainder

12 shall be deposited into the Treasury as miscellaneous re13 ceipts.

14 (c) WORLD WAR II MEMORIAL.—(1) The amount

15 transferred to the American Battle Monuments Commis16 sion under subsection (b) shall be used to complete all nec17 essary requirements for the design of, ground breaking

18 for, construction of, maintenance of, and dedication of the

19 World War II memorial. The Commission shall determine

20 how the amount shall be apportioned among such pur21 poses.

22 (2) Any funds not necessary for the purposes set

23 forth in paragraph (1) shall be transferred to and depos24 ited in the general fund of the Treasury.
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1 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR2 ITY.—The disposal authority provided in subsection (a) is

3 new disposal authority and is in addition to, and shall not

4 affect, any other disposal authority provided by law re5 garding materials in the National Defense Stockpile.

6 TITLE XXXIV—NAVAL

7 PETROLEUM RESERVES

Sec. 3401. Minimum price of petroleum sold from certain naval petroleum reserves.

Sec. 3402. Repeal of authority to contract for cooperative or unit plans affecting naval petroleum reserve numbered 1.

Sec. 3403. Disposal of Oil Shale Reserve Numbered 2.

8 SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM

9 CERTAIN NAVAL PETROLEUM RESERVES.

10 Section 7430(b)(2) of title 10, United States Code,

11 is amended—

12 (1) in the matter before subparagraph (A), by

13 striking ‘‘Naval Petroleum Reserves Numbered 1, 2,

14 and 3’’ and inserting ‘‘Naval Petroleum Reserves

15 Numbered 2 and 3’’; and

16 (2) in subparagraph (A), by striking ‘‘90 per17 cent of’’.

18 SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR CO19 OPERATIVE OR UNIT PLANS AFFECTING

20 NAVAL PETROLEUM RESERVE NUMBERED 1.

21 (a) REPEAL.—Section 7426 of title 10, United States

22 Code, is repealed.
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1 (b) CONFORMING AND CLERICAL AMENDMENTS.—

2 (1) Section 7425 of such title is amended by strik3 ing ‘‘for—’’ and all that follows through ‘‘he may ac4 quire’’ and inserting ‘‘for exchanges of land or agreements

5 for conservation authorized by section 7424 of this title,

6 the Secretary may acquire’’.

7 (2) Section 7428 of such title is amended by striking

8 ‘‘, except a plan authorized by section 7426 of this title,’’.

9 (3) The table of sections at the beginning of chapter

10 641 of such title is amended by striking the item relating

11 to section 7426.

12 (c) SAVINGS PROVISION.—The repeal of section 7426

13 of title 10, United States Code, shall not affect the validity

14 of contracts that are in effect under such section on the

15 day before the date of the enactment of this Act. No such

16 contract may be extended or renewed on or after the date

17 of the enactment of this Act.

18 SEC. 3403. DISPOSAL OF OIL SHALE RESERVE

19 NUMBERED 2.

20 (a) TRANSFER TO INDIAN TRIBE.—Section 3405 of

21 the Strom Thurmond National Defense Authorization Act

22 for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law

23 105–261) is amended to read as follows:
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1 ‘‘SEC. 3405. DISPOSAL OF OIL SHALE RESERVE

2 NUMBERED 2.

3 ‘‘(a) DEFINITIONS.—In this section:

4 ‘‘(1) NOSR–2.—The term ‘NOSR–2’ means Oil

5 Shale Reserve Numbered 2, as identified on a map

6 on file in the Office of the Secretary of the Interior.

7 ‘‘(2) MOAB SITE.—The term ‘Moab site’ means

8 the Moab uranium milling site located approximately

9 three miles northwest of Moab, Utah, and identified

10 in the Final Environmental Impact Statement issued

11 by the Nuclear Regulatory Commission in March

12 1996 in conjunction with Source Materials License

13 No. SUA–917.

14 ‘‘(3) MAP.—The term ‘‘map’’ means the map

15 depicting the boundaries of NOSR–2, to be kept on

16 file and available for public inspection in the offices

17 of the Department of the Interior.

18 ‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute

19 Indian Tribe of the Uintah and Ouray Indian Res20 ervation.

21 ‘‘(5) TRUSTEE.—The term ‘Trustee’ means the

22 Trustee of the Moab Mill Reclamation Trust.

23 ‘‘(b) CONVEYANCE.—(1) Except as provided in para24 graph (2) and subsection (e), all right, title, and interest

25 of the United States in and to all Federal lands within

26 the exterior boundaries of NOSR–2 (including surface and
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1 mineral rights) are hereby conveyed to the Tribe in fee

2 simple. The Secretary of Energy shall execute and file in

3 the appropriate office a deed or other instrument effec4 tuating the conveyance made by this section.

5 ‘‘(2) The conveyance under paragraph (1) does not

6 include the following:

7 ‘‘(A) The portion of the bed of Green River

8 contained entirely within NOSR–2, as depicted on

9 the map.

10 ‘‘(B) The land (including surface and mineral

11 rights) to the west of the Green River within

12 NOSR–2, as depicted on the map.

‘‘(C) A 1 13 ⁄4 mile scenic easement on the east side

14 of the Green River within NOSR–2.

15 ‘‘(c) CONDITIONS ON CONVEYANCE.—(1) The con16 veyance under subsection (b) is subject to valid existing

17 rights in effect on the day before the date of the enactment

18 of the Floyd D. Spence National Defense Authorization

19 Act for Fiscal Year 2001.

20 ‘‘(2) On completion of the conveyance under sub21 section (b), the United States relinquishes all management

22 authority over the conveyed land, including tribal activities

23 conducted on the land.
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1 ‘‘(3) The land conveyed to the Tribe under subsection

2 (b) shall not revert to the United States for management

3 in trust status.

4 ‘‘(4) The reservation of the easement under sub5 section (b)(2)(C) shall not affect the right of the Tribe

6 to use and maintain access to the Green River through

7 the use of the road within the easement, as depicted on

8 the map.

9 ‘‘(5) Each withdrawal that applies to NOSR–2 and

10 that is in effect on the date of the enactment of the Floyd

11 D. Spence National Defense Authorization Act for Fiscal

12 Year 2001 is revoked to the extent that the withdrawal

13 applies to NOSR–2.

14 ‘‘(6) Notwithstanding that the land conveyed to the

15 Tribe under subsection (b) shall not be part of the reserva16 tion of the Tribe, such land shall be deemed to be part

17 of the reservation of the Tribe for the purposes of criminal

18 and civil jurisdiction.

19 ‘‘(d) ADMINISTRATION OF UNCONVEYED LAND AND

20 INTERESTS IN LAND.—(1) The land and interests in land

21 excluded by subparagraphs (A) and (B) of subsection

22 (b)(2) from conveyance under subsection (b) shall be ad23 ministered by the Secretary of the Interior in accordance

24 with the Federal Land Policy and Management Act of

25 1976 (43 U.S.C. 1701 et seq.).
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1 ‘‘(2) Not later than three years after the date of the

2 enactment of the Floyd D. Spence National Defense Au3 thorization Act for Fiscal Year 2001, the Secretary of the

4 Interior shall submit to Congress a land use plan for the

5 management of the land and interests in land referred to

6 in paragraph (1).

7 ‘‘(3) There are authorized to be appropriated to the

8 Secretary of the Interior such sums as are necessary to

9 carry out this subsection.

10 ‘‘(e) ROYALTY.—(1) Notwithstanding the conveyance

11 under subsection (b), the United States retains a nine per12 cent royalty interest in the value of any oil, gas, other hy13 drocarbons, and all other minerals that are produced,

14 saved, and sold from the conveyed land during the period

15 beginning on the date of the conveyance and ending on

16 the date the Secretary of Energy releases the royalty inter17 est under subsection (i).

18 ‘‘(2) The royalty payments shall be made by the Tribe

19 or its designee to the Secretary of Energy during the pe20 riod that the oil, gas, hydrocarbons, or minerals are being

21 produced, saved, sold, or extracted. The Secretary of En22 ergy shall retain and use the payments in the manner pro23 vided in subsection (i)(3).
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1 ‘‘(3) The royalty interest retained by the United

2 States under this subsection does not include any develop3 ment, production, marketing, and operating expenses.

4 ‘‘(4) The Tribe shall submit to the Secretary of En5 ergy and to Congress an annual report on resource devel6 opment and other activities of the Tribe concerning the

7 conveyance under subsection (b).

8 ‘‘(5) Not later than five years after the date of the

9 enactment of the Floyd D. Spence National Defense Au10 thorization Act for Fiscal Year 2001, and every five years

11 thereafter, the Tribe shall obtain an audit of all resource

12 development activities of the Tribe concerning the convey13 ance under subsection (b), as provided under chapter 75

14 of title 31, United States Code. The results of each audit

15 under this paragraph shall be included in the next annual

16 report submitted under paragraph (4).

17 ‘‘(f) RIVER MANAGEMENT.—(1) The Tribe shall

18 manage, under Tribal jurisdiction and in accordance with

19 ordinances adopted by the Tribe, land of the Tribe that

is adjacent to, and within 1 20 ⁄4 mile of, the Green River in

21 a manner that—

22 ‘‘(A) maintains the protected status of the land;

23 and

24 ‘‘(B) is consistent with the government-to-gov25 ernment agreement and in the memorandum of un-
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1 derstanding dated February 11, 2000, as agreed to

2 by the Tribe and the Secretary of the Interior.

3 ‘‘(2) An ordinance referred to in paragraph (1) shall

4 not impair, limit, or otherwise restrict the management

5 and use of any land that is not owned, controlled, or sub6 ject to the jurisdiction of the Tribe.

7 ‘‘(3) An ordinance adopted by the Tribe and ref8 erenced in the government-to-government agreement may

9 not be repealed or amended without the written approval

10 of both the Tribe and the Secretary of the Interior.

11 ‘‘(g) PLANT SPECIES.—(1) In accordance with a gov12 ernment-to-government agreement between the Tribe and

13 the Secretary of the Interior, in a manner consistent with

14 levels of legal protection in effect on the date of the enact15 ment of the Floyd D. Spence National Defense Authoriza16 tion Act for Fiscal Year 2001, the Tribe shall protect,

17 under ordinances adopted by the Tribe, any plant species

18 that is—

19 ‘‘(A) listed as an endangered species or threat20 ened species under section 4 of the Endangered Spe21 cies Act of 1973 (16 U.S.C. 1533); and

22 ‘‘(B) located or found on the NOSR–2 land

23 conveyed to the Tribe.

24 ‘‘(2) The protection described in paragraph (1) shall

25 be performed solely under tribal jurisdiction.
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1 ‘‘(h) HORSES.—(1) The Tribe shall manage, protect,

2 and assert control over any horse not owned by the Tribe

3 or tribal members that is located or found on the NOSR–

4 2 land conveyed to the Tribe in a manner that is con5 sistent with Federal law governing the management, pro6 tection, and control of horses in effect on the date of the

7 enactment of the Floyd D. Spence National Defense Au8 thorization Act for Fiscal Year 2001.

9 ‘‘(2) The management, control, and protection of

10 horses described in paragraph (1) shall be performed

11 solely—

12 ‘‘(A) under tribal jurisdiction; and

13 ‘‘(B) in accordance with a government-to-gov14 ernment agreement between the Tribe and the Sec15 retary of the Interior.

16 ‘‘(i) REMEDIAL ACTION AT MOAB SITE.—(1)(A) The

17 Secretary of Energy shall prepare a plan for remediation,

18 including ground water restoration, of the Moab site in

19 accordance with title I of the Uranium Mill Tailings Radi20 ation Control Act of 1978 (42 U.S.C. 7911 et seq.). The

21 Secretary of Energy shall enter into arrangements with

22 the National Academy of Sciences to obtain the technical

23 advice, assistance, and recommendations of the National

24 Academy of Sciences in objectively evaluating the costs,

25 benefits, and risks associated with various remediation al-
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1 ternatives, including removal or treatment of radioactive

2 or other hazardous materials at the site, ground water res3 toration, and long-term management of residual contami4 nants. If the Secretary prepares a remediation plan that

5 is not consistent with the recommendations of the Na6 tional Academy of Sciences, the Secretary shall submit to

7 Congress a report explaining the reasons for deviation

8 from the National Academy of Sciences’ recommendations.

9 ‘‘(B) The remediation plan required by subparagraph

10 (A) shall be completed not later than one year after the

11 date of the enactment of the Floyd D. Spence National

12 Defense Authorization Act for Fiscal Year 2001, and the

13 Secretary of Energy shall commence remedial action at

14 the Moab site as soon as practicable after the completion

15 of the plan.

16 ‘‘(C) The license for the materials at the Moab site

17 issued by the Nuclear Regulatory Commission shall termi18 nate one year after the date of the enactment of the Floyd

19 D. Spence National Defense Authorization Act for Fiscal

20 Year 2001, unless the Secretary of Energy determines

21 that the license may be terminated earlier. Until the li22 cense is terminated, the Trustee, subject to the availability

23 of funds appropriated specifically for a purpose described

24 in clauses (i) through (iii) or made available by the Trust-
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1 ee from the Moab Mill Reclamation Trust, may carry

2 out—

3 ‘‘(i) interim measures to reduce or eliminate lo4 calized high ammonia concentrations in the Colorado

5 River, identified by the United States Geological

6 Survey in a report dated March 27, 2000;

7 ‘‘(ii) activities to dewater the mill tailings at the

8 Moab site; and

9 ‘‘(iii) other activities related to the Moab site,

10 subject to the authority of the Nuclear Regulatory

11 Commission and in consultation with the Secretary

12 of Energy.

13 ‘‘(D) As part of the remediation plan for the Moab

14 site required by subparagraph (A), the Secretary of En15 ergy shall develop, in consultation with the Trustee, the

16 Nuclear Regulatory Commission, and the State of Utah,

17 an efficient and legal means for transferring all respon18 sibilities and title to the Moab site and all the materials

19 therein from the Trustee to the Department of Energy.

20 ‘‘(2) The Secretary of Energy shall limit the amounts

21 expended in carrying out the remedial action under para22 graph (1) to—

23 ‘‘(A) amounts specifically appropriated for the

24 remedial action in an appropriation Act; and
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1 ‘‘(B) other amounts made available for the re2 medial action under this subsection.

3 ‘‘(3)(A) The royalty payments received by the Sec4 retary of Energy under subsection (e) shall be available

5 to the Secretary, without further appropriation, to carry

6 out the remedial action under paragraph (1) until such

7 time as the Secretary determines that all costs incurred

8 by the United States to carry out the remedial action

9 (other than costs associated with long-term monitoring)

10 have been paid.

11 ‘‘(B) Upon making the determination referred to in

12 subparagraph (A), the Secretary of Energy shall transfer

13 all remaining royalty amounts to the general fund of the

14 Treasury and release to the Tribe the royalty interest re15 tained by the United States under subsection (e).

16 ‘‘(4)(A) Funds made available to the Department of

17 Energy for national security activities shall not be used

18 to carry out the remedial action under paragraph (1), ex19 cept that the Secretary of Energy may use such funds for

20 program direction directly related to the remedial action.

21 ‘‘(B) There are authorized to be appropriated to the

22 Secretary of Energy to carry out the remedial action

23 under paragraph (1) such sums as are necessary.

24 ‘‘(5) If the Moab site is sold after the date on which

25 the Secretary of Energy completes the remedial action
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1 under paragraph (1), the seller shall pay to the Secretary

2 of Energy, for deposit in the general fund of the Treasury,

3 the portion of the sale price that the Secretary determines

4 resulted from the enhancement of the value of the Moab

5 site as a result of the remedial action. The enhanced value

6 of the Moab site shall be equal to the difference between—

7 ‘‘(A) the fair market value of the Moab site on

8 the date of enactment of the Floyd D. Spence Na9 tional Defense Authorization Act for Fiscal Year

10 2001, based on information available on that date;

11 and

12 ‘‘(B) the fair market value of the Moab site, as

13 appraised on completion of the remedial action.’’.

14 (b) URANIUM MILL TAILINGS.—Section 102 of the

15 Uranium Mill Tailings Radiation Control Act of 1978 (42

16 U.S.C. 7912) is amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(f) DESIGNATION OF MOAB SITE AS PROCESSING

19 SITE.—

20 ‘‘(1) DESIGNATION.—Notwithstanding any

21 other provision of law, the Moab uranium milling

22 site (referred to in this subsection as the ‘Moab

23 site’) located approximately three miles northwest of

24 Moab, Utah, and identified in the Final Environ25 mental Impact Statement issued by the Nuclear
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1 Regulatory Commission in March 1996 in conjunc2 tion with Source Materials License No. SUA–917, is

3 designated as a processing site.

4 ‘‘(2) APPLICABILITY.—This title applies to the

5 Moab site in the same manner and to the same ex6 tent as to other processing sites designated under

7 subsection (a), except that—

8 ‘‘(A) sections 103, 104(b), 107(a), 112(a),

9 and 115(a) of this title shall not apply; and

10 ‘‘(B) a reference in this title to the date of

11 the enactment of this Act shall be treated as a

12 reference to the date of the enactment of this

13 subsection.

14 ‘‘(3) REMEDIATION.—Subject to the availability

15 of appropriations for this purpose, the Secretary

16 shall conduct remediation at the Moab site in a safe

17 and environmentally sound manner that takes into

18 consideration the remedial action plan prepared pur19 suant to section 3405(i) of the Strom Thurmond

20 National Defense Authorization Act for Fiscal Year

21 1999 (10 U.S.C. 7420 note; Public Law 105–261),

22 including—

23 ‘‘(A) ground water restoration; and

24 ‘‘(B) the removal, to a site in the State of

25 Utah, for permanent disposition and any nec-
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1 essary stabilization, of residual radioactive ma2 terial and other contaminated material from the

3 Moab site and the floodplain of the Colorado

4 River.’’.

5 (c) CONFORMING AMENDMENT.—Section 3406 of the

6 Strom Thurmond National Defense Authorization Act for

7 Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105–

8 261) is amended by adding at the end the following new

9 subsection:

10 ‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This sec11 tion does not apply to the transfer of Oil Shale Reserve

12 Numbered 2 under section 3405.’’.

13 TITLE XXXV—MARITIME

14 ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2001.

Sec. 3502. Scrapping of National Defense Reserve Fleet vessels.

Sec. 3503. Authority to convey National Defense Reserve Fleet vessel, GLACIER.

Sec. 3504. Maritime intermodal research.

Sec. 3505. Maritime research and technology development.

Sec. 3506. Reporting of administered and oversight funds.

15 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS16 CAL YEAR 2001.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2001, to be available without fiscal year limita19 tion if so provided in appropriations Acts, for the use of

20 the Department of Transportation for the Maritime Ad21 ministration as follows:
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1 (1) For expenses necessary for operations and

2 training activities, $94,260,000.

3 (2) For expenses under the loan guarantee pro4 gram authorized by title XI of the Merchant Marine

5 Act, 1936 (46 App. U.S.C. 1271 et seq.),

6 $54,179,000, of which—

7 (A) $50,000,000 is for the cost (as defined

8 in section 502(5) of the Federal Credit Reform

9 Act of 1990 (2 U.S.C. 661a(5))) of loan guar10 antees under the program; and

11 (B) $4,179,000 is for administrative ex12 penses related to loan guarantee commitments

13 under the program.

14 SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE

15 FLEET VESSELS.

16 (a) EXTENSION OF SCRAPPING AUTHORITY UNDER

17 NATIONAL MARITIME HERITAGE ACT OF 1994.—Section

18 6(c)(1) of the National Maritime Heritage Act of 1994

19 (16 U.S.C. 5405(c)(1)) is amended—

20 (1) in subparagraph (A) by striking ‘‘2001’’

21 and inserting ‘‘2006’’; and

22 (2) by striking subparagraph (B) and inserting

23 the following:

24 ‘‘(B) in the manner that provides the best

25 value to the Government, except in any case in
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1 which obtaining the best value would require

2 towing a vessel and such towing poses a serious

3 threat to the environment; and’’.

4 (b) SELECTION OF SCRAPPING FACILITIES.—The

5 Secretary of Transportation may scrap obsolete vessels

6 pursuant to section 6(c)(1) of the National Maritime Her7 itage Act of 1994 (16 U.S.C. 5405(c)(1)) through quali8 fied scrapping facilities, using the most expeditious scrap9 ping methodology and location practicable. Scrapping fa10 cilities shall be selected under that section on a best value

11 basis consistent with the Federal Acquisition Regulation,

12 as in effect on the date of the enactment of this Act, with13 out any predisposition toward foreign or domestic facilities

14 taking into consideration, among other things, the ability

15 of facilities to scrap vessels—

16 (1) at least cost to the Government;

17 (2) in a timely manner;

18 (3) giving consideration to worker safety and

19 the environment; and

20 (4) in a manner that minimizes the geographic

21 distance that a vessel must be towed when towing a

22 vessel poses a serious threat to the environment.

23 (c) LIMITATION ON SCRAPPING BEFORE PRO24 GRAM.—
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1 (1) IN GENERAL.—Until the report required by

2 subsection (d)(1) is transmitted to the congressional

3 committees referred to in that subsection, the Sec4 retary may not proceed with the scrapping of any

5 vessel in the National Defense Reserve Fleet except

6 the following:

7 (A) DONNER.

8 (B) EXPORT COMMERCE.

9 (C) BUILDER.

10 (D) ALBERT E. WATTS.

11 (E) WAYNE VICTORY.

12 (F) MORMACDAWN.

13 (G) MORMACMOON.

14 (H) SANTA ELENA.

15 (I) SANTA ISABEL.

16 (J) SANTA CRUZ.

17 (K) PROTECTOR.

18 (L) LAUDERDALE.

19 (N) PVT. FRED C. MURPHY.

20 (M) BEAUJOLAIS.

21 (O) MEACHAM.

22 (P) NEACO.

23 (Q) WABASH.

24 (R) NEMASKET.

25 (S) MIRFAK.
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1 (T) GEN. ALEX M. PATCH.

2 (U) ARTHUR M. HUDDELL.

3 (V) WASHINGTON.

4 (W) SUFFOLK COUNTY.

5 (X) CRANDALL.

6 (Y) CRILLEY.

7 (Z) RIGEL.

8 (AA) VEGA.

9 (BB) COMPASS ISLAND.

10 (CC) EXPORT CHALLENGER.

11 (DD) PRESERVER.

12 (EE) MARINE FIDDLER.

13 (FF) WOOD COUNTY.

14 (GG) CATAWBA VICTORY.

15 (HH) GEN. NELSON M. WALKER.

16 (II) LORAIN COUNTY.

17 (JJ) LYNCH.

18 (KK) MISSION SANTA YNEZ.

19 (LL) CALOOSAHATCHEE.

20 (MM) CANISTEO.

21 (2) PRIORITIZATION.—The Secretary shall exer22 cise discretion to prioritize for scrapping those ves23 sels identified in paragraph (1) that pose the most

24 immediate threat to the environment.
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1 (d) SCRAPPING PROGRAM FOR OBSOLETE NATIONAL

2 DEFENSE RESERVE FLEET VESSELS.—

3 (1) DEVELOPMENT OF PROGRAM; REPORT.—

4 The Secretary of Transportation, in consultation

5 with the Secretary of the Navy and the Adminis6 trator of the Environmental Protection Agency, shall

7 within 6 months after the date of the enactment of

8 this Act—

9 (A) develop a program for the scrapping of

10 obsolete National Defense Reserve Fleet vessels;

11 and

12 (B) submit a report on the program to the

13 Committee on Transportation and Infrastruc14 ture and the Committee on Resources of the

15 House of Representatives, the Committee on

16 Commerce, Science, and Transportation of the

17 Senate, and the Committees on Armed Services

18 of the House of Representatives and the Sen19 ate.

20 (2) CONTENTS OF REPORT.—The report shall

21 include information concerning the initial determina22 tion of scrapping capacity, both domestically and

23 abroad, appropriate proposed regulations to imple24 ment the program, funding and staffing require25 ments, milestone dates for the disposal of each obso-
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1 lete vessel, and longterm cost estimates for the pro2 gram.

3 (3) ALTERNATIVES.—In developing the pro4 gram, the Secretary of Transportation, in consulta5 tion with the Secretary of the Navy and the Admin6 istrator of the Environmental Protection Agency,

7 shall consider all alternatives and available informa8 tion, including—

9 (A) alternative scrapping sites;

10 (B) vessel donations;

11 (C) sinking of vessels in deep water;

12 (D) sinking vessels for development of arti13 ficial reefs;

14 (E) sales of vessels before they become ob15 solete;

16 (F) results from the Navy Ship Disposal

17 Program under section 8124 of the Department

18 of Defense Appropriations Act, 1999; and

19 (G) the Report of the Department of De20 fense’s Interagency Panel on Ship Scrapping

21 issued in April 1998.

22 (e) REPORT.—Not later than 1 year after the date

23 of the enactment of this Act, and every 6 months there24 after, the Secretary of Transportation, in coordination

25 with the Secretary of the Navy, shall report to the Com-
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1 mittee on Transportation and Infrastructure and the

2 Committee on Resources of the House of Representatives,

3 the Committee on Commerce, Science, and Transportation

4 of the Senate, and the Committees on Armed Services of

5 the House of Representatives and the Senate on the

6 progress of the vessel scrapping program developed under

7 subsection (d)(1) and on the progress of any other scrap8 ping of obsolete Government-owned vessels.

9 (f) PRESIDENTIAL RECOMMENDATION.—The Presi10 dent shall transmit with the report required by subsection

11 (d)(1) a recommendation on—

12 (1) whether it is necessary to amend the Toxic

13 Substances Control Act (15 U.S.C. 2601 et seq.) or

14 any other environmental statute or regulatory re15 quirements relevant to the disposal of vessels de16 scribed in section 6(c)(2) of the National Maritime

17 Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by

18 September 30, 2006; and

19 (2) any proposed changes to those requirements

20 to carry out such disposals.

21 SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RE22 SERVE FLEET VESSEL, GLACIER.

23 (a) AUTHORITY TO CONVEY.—The Secretary of

24 Transportation (in this section referred to as ‘‘the Sec25 retary’’) may, subject to subsection (b), convey all right,
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1 title, and interest of the United States Government in and

2 to the vessel in the National Defense Reserve Fleet that

3 was formerly the U.S.S. GLACIER (United States official

4 number AGB–4) to the Glacier Society, Inc., a corporation

5 established under the laws of the State of Connecticut that

6 is located in Bridgeport, Connecticut (in this section re7 ferred to as the ‘‘recipient’’).

8 (b) TERMS OF CONVEYANCE.—

9 (1) REQUIRED CONDITIONS.—The Secretary

10 may not convey a vessel under this section unless

11 the recipient—

12 (A) agrees to use the vessel for the pur13 pose of a monument to the accomplishments of

14 members of the Armed Forces of the United

15 States, civilians, scientists, and diplomats in ex16 ploration of the Arctic and the Antarctic;

17 (B) agrees that the vessel will not be used

18 for commercial purposes;

19 (C) agrees to make the vessel available to

20 the Government if the Secretary requires use of

21 the vessel by the Government for war or na22 tional emergency;

23 (D) agrees to hold the Government harm24 less for any claims arising from exposure to as25 bestos, polychlorinated biphenyls, or lead paint
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1 after the conveyance of the vessel, except for

2 claims arising from use of the vessel by the

3 Government pursuant to the agreement under

4 subparagraph (C); and

5 (E) provides sufficient evidence to the Sec6 retary that it has available for use to restore

7 the vessel, in the form of cash, liquid assets, or

8 a written loan commitment, financial resources

9 of at least $100,000.

10 (2) DELIVERY OF VESSEL.—If the Secretary

11 conveys the vessel under this section, the Secretary

12 shall deliver the vessel—

13 (A) at the place where the vessel is located

14 on the date of conveyance;

15 (B) in its condition on that date; and

16 (C) at no cost to the United States Gov17 ernment.

18 (3) ADDITIONAL TERMS.—The Secretary may

19 require such additional terms in connection with the

20 conveyance authorized by this section as the Sec21 retary considers appropriate.

22 (c) OTHER UNNEEDED EQUIPMENT.—If the Sec23 retary conveys the vessel under this section, the Secretary

24 may also convey to the recipient any unneeded equipment

25 from other vessels in the National Defense Reserve Fleet
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1 or Government storage facilities for use to restore the ves2 sel to museum quality or to its original configuration (or

3 both).

4 (d) RETENTION OF VESSEL IN NDRF.—The Sec5 retary shall retain in the National Defense Reserve Fleet

6 the vessel authorized to be conveyed under this section

7 until the earlier of—

8 (1) 2 years after the date of the enactment of

9 this Act; or

10 (2) the date of the conveyance of the vessel

11 under this section.

12 SEC. 3504. MARITIME INTERMODAL RESEARCH.

13 Section 8 of Public Law 101–115 (46 U.S.C. App.

14 1121–2) is amended by adding at the end thereof the fol15 lowing:

16 ‘‘(f) UNIVERSITY TRANSPORTATION RESEARCH

17 FUNDS.—

18 ‘‘(1) IN GENERAL.—The Secretary may make a

19 grant under section 5505 of title 49, United States

20 Code, to an institute designated under subsection (a)

21 for maritime and maritime intermodal research

22 under that section as if the institute were a univer23 sity transportation center.

24 ‘‘(2) ADVICE AND CONSULTATION OF MARAD.—

25 In making a grant under the authority of paragraph
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1 (1), the Secretary, through the Research and Special

2 Programs Administration, shall advise the Maritime

3 Administration concerning the availability of funds

4 for the grants, and consult with the Administration

5 on the making of the grants.’’.

6 SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DE7 VELOPMENT.

8 (a) IN GENERAL.—The Secretary of Transportation

9 shall conduct a study of maritime research and technology

10 development, and report its findings and conclusions, to11 gether with any recommendations it finds appropriate, to

12 the Congress within 9 months after the date of enactment

13 of this Act.

14 (b) REQUIRED AREAS OF STUDY.—The Secretary

15 shall include the following items in the report required by

16 subsection (a):

17 (1) The approximate dollar values appropriated

18 by the Congress for each of the 5 fiscal years ending

19 before the study is commenced for each of the fol20 lowing modes of transportation:

21 (A) Highway.

22 (B) Rail.

23 (C) Aviation.

24 (D) Public transit.

25 (E) Maritime.
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1 (2) A description of how Federal funds appro2 priated for research in the different transportation

3 modes are utilized.

4 (3) A summary and description of current re5 search and technology development funds appro6 priated for each of those fiscal years for maritime

7 research initiatives, with separate categories for

8 funds provided to the Coast Guard for marine safety

9 research purposes.

10 (4) A description of cooperative mechanisms

11 that could be used to attract and leverage non-fed12 eral investments in United States maritime research

13 and technology development and application pro14 grams, including the potential for the creation of

15 maritime transportation research centers and the

16 benefits of cooperating with existing surface trans17 portation research centers.

18 (5) Proposals for research and technology devel19 opment funding to facilitate the evolution of Mari20 time Transportation System.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the

22 amounts authorized to be appropriated under section 3401

23 for operations and training, $100,000 is authorized to

24 carry out this section.
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1 SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT

2 FUNDS.

3 The Maritime Administration, in its annual report to

4 the Congress under section 208 of the Merchant Marine

5 Act, 1936 (46 U.S.C. App. 1118), and in its annual budg6 et estimate submitted to the Congress, shall state sepa7 rately the amount, source, intended use, and nature of any

8 funds (other than funds appropriated to the Administra9 tion or to the Secretary of Transportation for use by the

10 Administration) administered, or subject to oversight, by

11 the Administration.

12 TITLE XXXVI—ENERGY EMPLOY13 EES OCCUPATIONAL ILLNESS

14 COMPENSATION PROGRAM

Sec. 3601. Short title.

Sec. 3602. Findings; sense of Congress.

Subtitle A—Establishment of Compensation Program and

Compensation Fund

Sec. 3611. Establishment of Energy Employees Occupational Illness Compensation Program.

Sec. 3612. Establishment of Energy Employees Occupational Illness Compensation Fund.

Sec. 3613. Legislative proposal.

Sec. 3614. Authorization of appropriations.

Subtitle B—Program Administration

Sec. 3621. Definitions for program administration.

Sec. 3622. Expansion of list of beryllium vendors.

Sec. 3623. Exposure in the performance of duty.

Sec. 3624. Advisory Board on Radiation and Worker Health.

Sec. 3625. Responsibilities of Secretary of Health and Human Services.

Sec. 3626. Designation of additional members of Special Exposure Cohort.

Sec. 3627. Separate treatment of chronic silicosis.

Sec. 3628. Compensation and benefits to be provided.

Sec. 3629. Medical benefits.

Sec. 3630. Separate treatment of certain uranium employees.

Sec. 3631. Assistance for claimants and potential claimants.
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Subtitle C—Treatment, Coordination, and Forfeiture of

Compensation and Benefits

Sec. 3641. Offset for certain payments.

Sec. 3642. Subrogation of the United States.

Sec. 3643. Payment in full settlement of claims.

Sec. 3644. Exclusivity of remedy against the United States and against contractors and subcontractors.

Sec. 3645. Election of remedy for beryllium employees and atomic weapons employees.

Sec. 3646. Certification of treatment of payments under other laws.

Sec. 3647. Claims not assignable or transferable; choice of remedies.

Sec. 3648. Attorney fees.

Sec. 3649. Certain claims not affected by awards of damages.

Sec. 3650. Forfeiture of benefits by convicted felons.

Sec. 3651. Coordination with other Federal radiation compensation laws.

Subtitle D—Assistance in State Workers’ Compensation

Proceedings

Sec. 3661. Agreements with States.

1 SEC. 3601. SHORT TITLE.

2 This title may be cited as the ‘‘Energy Employees

3 Occupational Illness Compensation Program Act of

4 2000’’.

5 SEC. 3602. FINDINGS; SENSE OF CONGRESS.

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

7 (1) Since World War II, Federal nuclear activi8 ties have been explicitly recognized under Federal

9 law as activities that are ultra-hazardous. Nuclear

10 weapons production and testing have involved unique

11 dangers, including potential catastrophic nuclear ac12 cidents that private insurance carriers have not cov13 ered and recurring exposures to radioactive sub14 stances and beryllium that, even in small amounts,

15 can cause medical harm.
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1 (2) Since the inception of the nuclear weapons

2 program and for several decades afterwards, a large

3 number of nuclear weapons workers at sites of the

4 Department of Energy and at sites of vendors who

5 supplied the Cold War effort were put at risk with6 out their knowledge and consent for reasons that,

7 documents reveal, were driven by fears of adverse

8 publicity, liability, and employee demands for haz9 ardous duty pay.

10 (3) Many previously secret records have docu11 mented unmonitored exposures to radiation and be12 ryllium and continuing problems at these sites

13 across the Nation, at which the Department of En14 ergy and its predecessor agencies have been, since

15 World War II, self-regulating with respect to nuclear

16 safety and occupational safety and health. No other

17 hazardous Federal activity has been permitted to be

18 carried out under such sweeping powers of self-regu19 lation.

20 (4) The policy of the Department of Energy has

21 been to litigate occupational illness claims, which has

22 deterred workers from filing workers’ compensation

23 claims and has imposed major financial burdens for

24 such employees who have sought compensation. Con25 tractors of the Department have been held harmless
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1 and the employees have been denied workers’ com2 pensation coverage for occupational disease.

3 (5) Over the past 20 years, more than two

4 dozen scientific findings have emerged that indicate

5 that certain of such employees are experiencing in6 creased risks of dying from cancer and non-malig7 nant diseases. Several of these studies have also es8 tablished a correlation between excess diseases and

9 exposure to radiation and beryllium.

10 (6) While linking exposure to occupational haz11 ards with the development of occupational disease is

12 sometimes difficult, scientific evidence supports the

13 conclusion that occupational exposure to dust par14 ticles or vapor of beryllium can cause beryllium sen15 sitivity and chronic beryllium disease. Furthermore,

16 studies indicate than 98 percent of radiation-induced

17 cancers within the nuclear weapons complex have oc18 curred at dose levels below existing maximum safe

19 thresholds.

20 (7) Existing information indicates that State

21 workers’ compensation programs do not provide a

22 uniform means of ensuring adequate compensation

23 for the types of occupational illnesses and diseases

24 that relate to the employees at those sites.
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1 (8) To ensure fairness and equity, the civilian

2 men and women who, over the past 50 years, have

3 performed duties uniquely related to the nuclear

4 weapons production and testing programs of the De5 partment of Energy and its predecessor agencies

6 should have efficient, uniform, and adequate com7 pensation for beryllium-related health conditions and

8 radiation-related health conditions.

9 (9) On April 12, 2000, the Secretary of Energy

10 announced that the Administration intended to seek

11 compensation for individuals with a broad range of

12 work-related illnesses throughout the Department of

13 Energy’s nuclear weapons complex.

14 (10) However, as of October 2, 2000, the Ad15 ministration has failed to provide Congress with the

16 necessary legislative and budget proposals to enact

17 the promised compensation program.

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that—

20 (1) a program should be established to provide

21 compensation to covered employees;

22 (2) a fund for payment of such compensation

23 should be established on the books of the Treasury;

24 (3) payments from that fund should be made

25 only after—
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1 (A) the identification of employees of the

2 Department of Energy (including its prede3 cessor agencies), and of contractors of the De4 partment, who may be members of the group of

5 covered employees;

6 (B) the establishment of a process to re7 ceive and administer claims for compensation

8 for disability or death of covered employees;

9 (C) the submittal by the President of a

10 legislative proposal for compensation of such

11 employees that includes the estimated annual

12 budget resources for that compensation; and

13 (D) consideration by the Congress of the

14 legislative proposal submitted by the President;

15 and

16 (4) payments from that fund should commence

17 not later than fiscal year 2002.

18 Subtitle A—Establishment of Com19 pensation Program and Com20 pensation Fund

21 SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCU22 PATIONAL ILLNESS COMPENSATION PRO23 GRAM.

24 (a) PROGRAM ESTABLISHED.—There is hereby estab25 lished a program to be known as the ‘‘Energy Employees
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1 Occupational Illness Compensation Program’’ (in this title

2 referred to as the ‘‘compensation program’’). The Presi3 dent shall carry out the compensation program through

4 one or more Federal agencies or officials, as designated

5 by the President.

6 (b) PURPOSE OF PROGRAM.—The purpose of the

7 compensation program is to provide for timely, uniform,

8 and adequate compensation of covered employees and,

9 where applicable, survivors of such employees, suffering

10 from illnesses incurred by such employees in the perform11 ance of duty for the Department of Energy and certain

12 of its contractors and subcontractors.

13 (c) ELIGIBILITY FOR COMPENSATION.—The eligi14 bility of covered employees for compensation under the

15 compensation program shall be determined in accordance

16 with the provisions of subtitle B as may be modified by

17 a law enacted after the date of the submittal of the pro18 posal for legislation required by section 3613.

19 SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCU20 PATIONAL ILLNESS COMPENSATION FUND.

21 (a) ESTABLISHMENT.—There is hereby established

22 on the books of the Treasury a fund to be known as the

23 ‘‘Energy Employees Occupational Illness Compensation

24 Fund’’ (in this title referred to as the ‘‘compensation

25 fund’’).
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1 (b) AMOUNTS IN COMPENSATION FUND.—The com2 pensation fund shall consist of the following amounts:

3 (1) Amounts appropriated to the compensation

4 fund pursuant to the authorization of appropriations

5 in section 3614(b).

6 (2) Amounts transferred to the compensation

7 fund under subsection (c).

8 (c) FINANCING OF COMPENSATION FUND.—Upon

9 the exhaustion of amounts in the compensation fund at10 tributable to the authorization of appropriations in section

11 3614(b), the Secretary of the Treasury shall transfer di12 rectly to the compensation fund from the General Fund

13 of the Treasury, without further appropriation, such

14 amounts as are further necessary to carry out the com15 pensation program.

16 (d) USE OF COMPENSATION FUND.—Subject to sub17 section (e), amounts in the compensation fund shall be

18 used to carry out the compensation program.

19 (e) ADMINISTRATIVE COSTS NOT PAID FROM COM20 PENSATION FUND.—No cost incurred in carrying out the

21 compensation program, or in administering the compensa22 tion fund, shall be paid from the compensation fund or

23 set off against or otherwise deducted from any payment

24 to any individual under the compensation program.
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1 (f) INVESTMENT OF AMOUNTS IN COMPENSATION

2 FUND.—Amounts in the compensation fund shall be in3 vested in accordance with section 9702 of title 31, United

4 States Code, and any interest on, and proceeds from, any

5 such investment shall be credited to and become a part

6 of the compensation fund.

7 SEC. 3613. LEGISLATIVE PROPOSAL.

8 (a) LEGISLATIVE PROPOSAL REQUIRED.—Not later

9 than March 15, 2001, the President shall submit to Con10 gress a proposal for legislation to implement the com11 pensation program. The proposal for legislation shall in12 clude, at a minimum, the specific recommendations (in13 cluding draft legislation) of the President for the fol14 lowing:

15 (1) The types of compensation and benefits, in16 cluding lost wages, medical benefits, and any lump17 sum settlement payments, to be provided under the

18 compensation program.

19 (2) Any adjustments or modifications necessary

20 to appropriately administer the compensation pro21 gram under subtitle B.

22 (3) Whether to expand the compensation pro23 gram to include other illnesses associated with expo24 sure to toxic substances.
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1 (4) Whether to expand the class of individuals

2 who are members of the Special Exposure Cohort

3 (as defined in section 3621(14)).

4 (b) ASSESSMENT OF POTENTIAL COVERED EMPLOY5 EES AND REQUIRED AMOUNTS.—The President shall in6 clude with the proposal for legislation under subsection (a)

7 the following:

8 (1) An estimate of the number of covered em9 ployees that the President determines were exposed

10 in the performance of duty.

11 (2) An estimate, for each fiscal year of the com12 pensation program, of the amounts to be required

13 for compensation and benefits anticipated to be pro14 vided in such fiscal year under the compensation

15 program.

16 SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.

17 (a) IN GENERAL.—Pursuant to the authorization of

18 appropriations in section 3103(a), $25,000,000 may be

19 used for purposes of carrying out this title.

20 (b) COMPENSATION FUND.—There is hereby author21 ized to be appropriated $250,000,000 to the Energy Em22 ployees Occupational Illness Compensation Fund estab23 lished by section 3612.
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1 Subtitle B—Program

2 Administration

3 SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.

4 In this title:

5 (1) The term ‘‘covered employee’’ means any of

6 the following:

7 (A) A covered beryllium employee.

8 (B) A covered employee with cancer.

9 (C) To the extent provided in section 3627,

10 a covered employee with chronic silicosis (as de11 fined in that section).

12 (2) The term ‘‘atomic weapon’’ has the meaning

13 given that term in section 11 d. of the Atomic En14 ergy Act of 1954 (42 U.S.C. 2014(d)).

15 (3) The term ‘‘atomic weapons employee’’

16 means an individual employed by an atomic weapons

17 employer during a period when the employer was

18 processing or producing, for the use by the United

19 States, material that emitted radiation and was used

20 in the production of an atomic weapon, excluding

21 uranium mining and milling.

22 (4) The term ‘‘atomic weapons employer’’

23 means an entity, other than the United States,

24 that—
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1 (A) processed or produced, for use by the

2 United States, material that emitted radiation

3 and was used in the production of an atomic

4 weapon, excluding uranium mining and milling;

5 and

6 (B) is designated by the Secretary of En7 ergy as an atomic weapons employer for pur8 poses of the compensation program.

9 (5) The term ‘‘atomic weapons employer facil10 ity’’ means a facility, owned by an atomic weapons

11 employer, that is or was used to process or produce,

12 for use by the United States, material that emitted

13 radiation and was used in the production of an

14 atomic weapon, excluding uranium mining or mill15 ing.

16 (6) The term ‘‘beryllium vendor’’ means any of

17 the following:

18 (A) Atomics International.

19 (B) Brush Wellman, Incorporated, and its

20 predecessor, Brush Beryllium Company.

21 (C) General Atomics.

22 (D) General Electric Company.

23 (E) NGK Metals Corporation and its pred24 ecessors, Kawecki-Berylco, Cabot Corporation,
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1 BerylCo, and Beryllium Corporation of Amer2 ica.

3 (F) Nuclear Materials and Equipment Cor4 poration.

5 (G) StarMet Corporation and its prede6 cessor, Nuclear Metals, Incorporated.

7 (H) Wyman Gordan, Incorporated.

8 (I) Any other vendor, processor, or pro9 ducer of beryllium or related products des10 ignated as a beryllium vendor for purposes of

11 the compensation program under section 3622.

12 (7) The term ‘‘covered beryllium employee’’

13 means the following, if and only if the employee is

14 determined to have been exposed to beryllium in the

15 performance of duty in accordance with section

16 3623(a):

17 (A) A current or former employee (as that

18 term is defined in section 8101(1) of title 5,

19 United States Code) who may have been ex20 posed to beryllium at a Department of Energy

21 facility or at a facility owned, operated, or occu22 pied by a beryllium vendor.

23 (B) A current or former employee of—

24 (i) any entity that contracted with the

25 Department of Energy to provide manage-
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1 ment and operation, management and inte2 gration, or environmental remediation of a

3 Department of Energy facility; or

4 (ii) any contractor or subcontractor

5 that provided services, including construc6 tion and maintenance, at such a facility.

7 (C) A current or former employee of a be8 ryllium vendor, or of a contractor or subcon9 tractor of a beryllium vendor, during a period

10 when the vendor was engaged in activities re11 lated to the production or processing of beryl12 lium for sale to, or use by, the Department of

13 Energy.

14 (8) The term ‘‘covered beryllium illness’’ means

15 any of the following:

16 (A) Beryllium sensitivity as established by

17 an abnormal beryllium lymphocyte proliferation

18 test performed on either blood or lung lavage

19 cells.

20 (B) Established chronic beryllium disease.

21 (C) Any injury, illness, impairment, or dis22 ability sustained as a consequence of a covered

23 beryllium illness referred to in subparagraph

24 (A) or (B).
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1 (9) The term ‘‘covered employee with cancer’’

2 means any of the following:

3 (A) An individual with a specified cancer

4 who is a member of the Special Exposure Co5 hort, if and only if that individual contracted

6 that specified cancer after beginning employ7 ment at a Department of Energy facility (in the

8 case of a Department of Energy employee or

9 Department of Energy contractor employee) or

10 at an atomic weapons employer facility (in the

11 case of an atomic weapons employee).

12 (B)(i) An individual with cancer specified

13 in subclause (I), (II), or (III) of clause (ii), if

14 and only if that individual is determined to have

15 sustained that cancer in the performance of

16 duty in accordance with section 3623(b).

17 (ii) Clause (i) applies to any of the fol18 lowing:

19 (I) A Department of Energy employee

20 who contracted that cancer after beginning

21 employment at a Department of Energy

22 facility.

23 (II) A Department of Energy con24 tractor employee who contracted that can-
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1 cer after beginning employment at a De2 partment of Energy facility.

3 (III) An atomic weapons employee

4 who contracted that cancer after beginning

5 employment at an atomic weapons em6 ployer facility.

7 (10) The term ‘‘Department of Energy’’ in8 cludes the predecessor agencies of the Department

9 of Energy, including the Manhattan Engineering

10 District.

11 (11) The term ‘‘Department of Energy con12 tractor employee’’ means any of the following:

13 (A) An individual who is or was in resi14 dence at a Department of Energy facility as a

15 researcher for one or more periods aggregating

16 at least 24 months.

17 (B) An individual who is or was employed

18 at a Department of Energy facility by—

19 (i) an entity that contracted with the

20 Department of Energy to provide manage21 ment and operating, management and inte22 gration, or environmental remediation at

23 the facility; or
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1 (ii) a contractor or subcontractor that

2 provided services, including construction

3 and maintenance, at the facility.

4 (12) The term ‘‘Department of Energy facility’’

5 means any building, structure, or premise, including

6 the grounds upon which such building, structure, or

7 premise is located—

8 (A) in which operations are, or have been,

9 conducted by, or on behalf of, the Department

10 of Energy (except for buildings, structures,

11 premises, grounds, or operations covered by Ex12 ecutive Order No. 12344, dated February 1,

13 1982 (42 U.S.C. 7158 note), pertaining to the

14 Naval Nuclear Propulsion Program); and

15 (B) with regard to which the Department

16 of Energy has or had—

17 (i) a proprietary interest; or

18 (ii) entered into a contract with an

19 entity to provide management and oper20 ation, management and integration, envi21 ronmental remediation services, construc22 tion, or maintenance services.

23 (13) The term ‘‘established chronic beryllium

24 disease’’ means chronic beryllium disease as estab25 lished by the following:
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1 (A) For diagnoses on or after January 1,

2 1993, beryllium sensitivity (as established in ac3 cordance with paragraph (8)(A)), together with

4 lung pathology consistent with chronic beryl5 lium disease, including—

6 (i) a lung biopsy showing granulomas

7 or a lymphocytic process consistent with

8 chronic beryllium disease;

9 (ii) a computerized axial tomography

10 scan showing changes consistent with

11 chronic beryllium disease; or

12 (iii) pulmonary function or exercise

13 testing showing pulmonary deficits con14 sistent with chronic beryllium disease.

15 (B) For diagnoses before January 1, 1993,

16 the presence of—

17 (i) occupational or environmental his18 tory, or epidemiologic evidence of beryllium

19 exposure; and

20 (ii) any three of the following criteria:

21 (I) Characteristic chest radio22 graphic (or computed tomography

23 (CT)) abnormalities.
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1 (II) Restrictive or obstructive

2 lung physiology testing or diffusing

3 lung capacity defect.

4 (III) Lung pathology consistent

5 with chronic beryllium disease.

6 (IV) Clinical course consistent

7 with a chronic respiratory disorder.

8 (V) Immunologic tests showing

9 beryllium sensitivity (skin patch test

10 or beryllium blood test preferred).

11 (14) The term ‘‘member of the Special Expo12 sure Cohort’’ means a Department of Energy em13 ployee, Department of Energy contractor employee,

14 or atomic weapons employee who meets any of the

15 following requirements:

16 (A) The employee was so employed for a

17 number of work days aggregating at least 250

18 work days before February 1, 1992, at a gas19 eous diffusion plant located in Paducah, Ken20 tucky, Portsmouth, Ohio, or Oak Ridge, Ten21 nessee, and, during such employment—

22 (i) was monitored through the use of

23 dosimetry badges for exposure at the plant

24 of the external parts of employee’s body to

25 radiation; or
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1 (ii) worked in a job that had expo2 sures comparable to a job that is or was

3 monitored through the use of dosimetry

4 badges.

5 (B) The employee was so employed before

6 January 1, 1974, by the Department of Energy

7 or a Department of Energy contractor or sub8 contractor on Amchitka Island, Alaska, and was

9 exposed to ionizing radiation in the perform10 ance of duty related to the Long Shot, Milrow,

11 or Cannikin underground nuclear tests.

12 (C)(i) Subject to clause (ii), the employee

13 is an individual designated as a member of the

14 Special Exposure Cohort by the President for

15 purposes of the compensation program under

16 section 3626.

17 (ii) A designation under clause (i) shall,

18 unless Congress otherwise provides, take effect

19 on the date that is 180 days after the date on

20 which the President submits to Congress a re21 port identifying the individuals covered by the

22 designation and describing the criteria used in

23 designating those individuals.

24 (15) The term ‘‘occupational illness’’ means a

25 covered beryllium illness, cancer referred to in sec-
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1 tion 3621(9)(B), specified cancer, or chronic sili2 cosis, as the case may be.

3 (16) The term ‘‘radiation’’ means ionizing radi4 ation in the form of—

5 (A) alpha particles;

6 (B) beta particles;

7 (C) neutrons;

8 (D) gamma rays; or

9 (E) accelerated ions or subatomic particles

10 from accelerator machines.

11 (17) The term ‘‘specified cancer’’ means any of

12 the following:

13 (A) A specified disease, as that term is de14 fined in section 4(b)(2) of the Radiation Expo15 sure Compensation Act (42 U.S.C. 2210 note).

16 (B) Bone cancer.

17 (18) The term ‘‘survivor’’ means any individual

18 or individuals eligible to receive compensation pursu19 ant to section 8133 of title 5, United States Code.

20 SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.

21 Not later than December 31, 2002, the President

22 may, in consultation with the Secretary of Energy, des23 ignate as a beryllium vendor for purposes of section

24 3621(6) any vendor, processor, or producer of beryllium

25 or related products not previously listed under or des-
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1 ignated for purposes of such section 3621(6) if the Presi2 dent finds that such vendor, processor, or producer has

3 been engaged in activities related to the production or

4 processing of beryllium for sale to, or use by, the Depart5 ment of Energy in a manner similar to the entities listed

6 in such section 3621(6).

7 SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.

8 (a) BERYLLIUM.—A covered beryllium employee

9 shall, in the absence of substantial evidence to the con10 trary, be determined to have been exposed to beryllium

11 in the performance of duty for the purposes of the com12 pensation program if, and only if, the covered beryllium

13 employee was—

14 (1) employed at a Department of Energy facil15 ity; or

16 (2) present at a Department of Energy facility,

17 or a facility owned and operated by a beryllium ven18 dor, because of employment by the United States, a

19 beryllium vendor, or a contractor or subcontractor of

20 the Department of Energy;

21 during a period when beryllium dust, particles, or vapor

22 may have been present at such facility.

23 (b) CANCER.—An individual with cancer specified in

24 subclause (I), (II), or (III) of section 3621(9)(B)(ii) shall

25 be determined to have sustained that cancer in the per-
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1 formance of duty for purposes of the compensation pro2 gram if, and only if, the cancer specified in that subclause

3 was at least as likely as not related to employment at the

4 facility specified in that subclause, as determined in ac5 cordance with the guidelines established under subsection

6 (c).

7 (c) GUIDELINES.—(1) For purposes of the compensa8 tion program, the President shall by regulation establish

9 guidelines for making the determinations required by sub10 section (b).

11 (2) The President shall establish such guidelines after

12 technical review by the Advisory Board on Radiation and

13 Worker Health under section 3624.

14 (3) Such guidelines shall—

15 (A) be based on the radiation dose received by

16 the employee (or a group of employees performing

17 similar work) at such facility and the upper 99 per18 cent confidence interval of the probability of causa19 tion in the radioepidemiological tables published

20 under section 7(b) of the Orphan Drug Act (42

21 U.S.C. 241 note), as such tables may be updated

22 under section 7(b)(3) of such Act from time to time;

23 (B) incorporate the methods established under

24 subsection (d); and
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1 (C) take into consideration the type of cancer,

2 past health-related activities (such as smoking), in3 formation on the risk of developing a radiation-re4 lated cancer from workplace exposure, and other rel5 evant factors.

6 (d) METHODS FOR RADIATION DOSE RECONSTRUC7 TIONS.—(1) The President shall, through any Federal

8 agency (other than the Department of Energy) or official

9 (other than the Secretary of Energy or any other official

10 within the Department of Energy) that the President may

11 designate, establish by regulation methods for arriving at

12 reasonable estimates of the radiation doses received by an

13 individual specified in subparagraph (B) of section

14 3621(9) at a facility specified in that subparagraph by

15 each of the following employees:

16 (A) An employee who was not monitored for ex17 posure to radiation at such facility.

18 (B) An employee who was monitored inad19 equately for exposure to radiation at such facility.

20 (C) An employee whose records of exposure to

21 radiation at such facility are missing or incomplete.

22 (2) The President shall establish an independent re23 view process using the Advisory Board on Radiation and

24 Worker Health to—
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1 (A) assess the methods established under para2 graph (1); and

3 (B) verify a reasonable sample of the doses es4 tablished under paragraph (1).

5 (e) INFORMATION ON RADIATION DOSES.—(1) The

6 Secretary of Energy shall provide, to each covered em7 ployee with cancer specified in section 3621(9)(B), infor8 mation specifying the estimated radiation dose of that em9 ployee during each employment specified in section

10 3621(9)(B), whether established by a dosimetry reading,

11 by a method established under subsection (d), or by both

12 a dosimetry reading and such method.

13 (2) The Secretary of Health and Human Services and

14 the Secretary of Energy shall each make available to re15 searchers and the general public information on the as16 sumptions, methodology, and data used in establishing ra17 diation doses under subsection (d). The actions taken

18 under this paragraph shall be consistent with the protec19 tion of private medical records.

20 SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER

21 HEALTH.

22 (a) ESTABLISHMENT.—(1) Not later than 120 days

23 after the date of the enactment of this Act, the President

24 shall establish and appoint an Advisory Board on Radi-
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1 ation and Worker Health (in this section referred to as

2 the ‘‘Board’’).

3 (2) The President shall make appointments to the

4 Board in consultation with organizations with expertise on

5 worker health issues in order to ensure that the member6 ship of the Board reflects a balance of scientific, medical,

7 and worker perspectives.

8 (3) The President shall designate a Chair for the

9 Board from among its members.

10 (b) DUTIES.—The Board shall advise the President

11 on—

12 (1) the development of guidelines under section

13 3623(c);

14 (2) the scientific validity and quality of dose es15 timation and reconstruction efforts being performed

16 for purposes of the compensation program; and

17 (3) such other matters related to radiation and

18 worker health in Department of Energy facilities as

19 the President considers appropriate.

20 (c) STAFF.—(1) The President shall appoint a staff

21 to facilitate the work of the Board. The staff shall be

22 headed by a Director who shall be appointed under sub23 chapter VIII of chapter 33 of title 5, United States Code.

24 (2) The President may accept as staff of the Board

25 personnel on detail from other Federal agencies. The de-
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1 tail of personnel under this paragraph may be on a non2 reimbursable basis.

3 (d) EXPENSES.—Members of the Board, other than

4 full-time employees of the United States, while attending

5 meetings of the Board or while otherwise serving at the

6 request of the President, while serving away from their

7 homes or regular places of business, shall be allowed travel

8 and meal expenses, including per diem in lieu of subsist9 ence, as authorized by section 5703 of title 5, United

10 States Code, for individuals in the Government serving

11 without pay.

12 SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH

13 AND HUMAN SERVICES.

14 The Secretary of Health and Human Services shall

15 carry out that Secretary’s responsibilities with respect to

16 the compensation program with the assistance of the Di17 rector of the National Institute for Occupational Safety

18 and Health.

19 SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF

20 SPECIAL EXPOSURE COHORT.

21 (a) ADVICE ON ADDITIONAL MEMBERS.—(1) The

22 Advisory Board on Radiation and Worker Health under

23 section 3624 shall advise the President whether there is

24 a class of employees at any Department of Energy facility

25 who likely were exposed to radiation at that facility but
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1 for whom it is not feasible to estimate with sufficient accu2 racy the radiation dose they received.

3 (2) The advice of the Advisory Board on Radiation

4 and Worker Health under paragraph (1) shall be based

5 on exposure assessments by radiation health professionals,

6 information provided by the Department of Energy, and

7 such other information as the Advisory Board considers

8 appropriate.

9 (3) The President shall request advice under para10 graph (1) after consideration of petitions by classes of em11 ployees described in that paragraph for such advice. The

12 President shall consider such petitions pursuant to proce13 dures established by the President.

14 (b) DESIGNATION OF ADDITIONAL MEMBERS.—Sub15 ject to the provisions of section 3621(14)(C), the members

16 of a class of employees at a Department of Energy facility

17 may be treated as members of the Special Exposure Co18 hort for purposes of the compensation program if the

19 President, upon recommendation of the Advisory Board

20 on Radiation and Worker Health, determines that—

21 (1) it is not feasible to estimate with sufficient

22 accuracy the radiation dose that the class received;

23 and
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1 (2) there is a reasonable likelihood that such

2 radiation dose may have endangered the health of

3 members of the class.

4 (c) ACCESS TO INFORMATION.—The Secretary of En5 ergy shall provide, in accordance with law, the Secretary

6 of Health and Human Services and the members and staff

7 of the Advisory Board on Radiation and Worker Health

8 access to relevant information on worker exposures, in9 cluding access to Restricted Data (as defined in section

10 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.

11 2014(y)).

12 SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.

13 (a) SENSE OF CONGRESS.—The Congress finds that

14 employees who worked in Department of Energy test sites

15 and later contracted chronic silicosis should also be consid16 ered for inclusion in the compensation program. Recog17 nizing that chronic silicosis resulting from exposure to sili18 ca is not a condition unique to the nuclear weapons indus19 try, it is not the intent of Congress with this title to estab20 lish a precedent on the question of chronic silicosis as a

21 compensable occupational disease. Consequently, it is the

22 sense of Congress that a further determination by the

23 President is appropriate before these workers are included

24 in the compensation program.
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1 (b) CERTIFICATION BY PRESIDENT.—A covered em2 ployee with chronic silicosis shall be treated as a covered

3 employee (as defined in section 3621(1)) for the purposes

4 of the compensation program required by section 3611 un5 less the President submits to Congress not later than 180

6 days after the date of the enactment of this Act the certifi7 cation of the President that there is insufficient basis to

8 include such employees. The President shall submit with

9 the certification any recommendations about the com10 pensation program with respect to covered employees with

11 chronic silicosis as the President considers appropriate.

12 (c) EXPOSURE TO SILICA IN THE PERFORMANCE OF

13 DUTY.—A covered employee shall, in the absence of sub14 stantial evidence to the contrary, be determined to have

15 been exposed to silica in the performance of duty for the

16 purposes of the compensation program if, and only if, the

17 employee was present for a number of work days aggre18 gating at least 250 work days during the mining of tun19 nels at a Department of Energy facility located in Nevada

20 or Alaska for tests or experiments related to an atomic

21 weapon.

22 (d) COVERED EMPLOYEE WITH CHRONIC SILI23 COSIS.—For purposes of this title, the term ‘‘covered em24 ployee with chronic silicosis’’ means a Department of En25 ergy employee, or a Department of Energy contractor em-
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1 ployee, with chronic silicosis who was exposed to silica in

2 the performance of duty as determined under subsection

3 (c).

4 (e) CHRONIC SILICOSIS.—For purposes of this title,

5 the term ‘‘chronic silicosis’’ means a non-malignant lung

6 disease if—

7 (1) the initial occupational exposure to silica

8 dust preceded the onset of silicosis by at least 10

9 years; and

10 (2) a written diagnosis of silicosis is made by

11 a medical doctor and is accompanied by—

12 (A) a chest radiograph, interpreted by an

13 individual certified by the National Institute for

14 Occupational Safety and Health as a B reader,

15 classifying the existence of pneumoconioses of

16 category 1/1 or higher;

17 (B) results from a computer assisted

18 tomograph or other imaging technique that are

19 consistent with silicosis; or

20 (C) lung biopsy findings consistent with

21 silicosis.

22 SEC. 3628. COMPENSATION AND BENEFITS TO BE PRO23 VIDED.

24 (a) COMPENSATION PROVIDED.—(1) Except as pro25 vided in paragraph (2), a covered employee, or the sur-
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1 vivor of that covered employee if the employee is deceased,

2 shall receive compensation for the disability or death of

3 that employee from that employee’s occupational illness in

4 the amount of $150,000.

5 (2) A covered employee shall, to the extent that em6 ployee’s occupational illness is established beryllium sensi7 tivity, receive beryllium sensitivity monitoring under sub8 section (c) in lieu of compensation under paragraph (1).

9 (b) MEDICAL BENEFITS.—A covered employee shall

10 receive medical benefits under section 3629 for that em11 ployee’s occupational illness.

12 (c) BERYLLIUM SENSITIVITY MONITORING.—An in13 dividual receiving beryllium sensitivity monitoring under

14 this subsection shall receive the following:

15 (1) A thorough medical examination to confirm

16 the nature and extent of the individual’s established

17 beryllium sensitivity.

18 (2) Regular medical examinations thereafter to

19 determine whether that individual has developed es20 tablished chronic beryllium disease.

21 (d) PAYMENT FROM COMPENSATION FUND.—The

22 compensation provided under this section, when author23 ized or approved by the President, shall be paid from the

24 compensation fund established under section 3612.
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1 (e) SURVIVORS.—(1) Subject to the provisions of this

2 section, if a covered employee dies before the effective date

3 specified in subsection (f), whether or not the death is a

4 result of that employee’s occupational illness, a survivor

5 of that employee may, on behalf of that survivor and any

6 other survivors of that employee, receive the compensation

7 provided for under this section.

8 (2) The right to receive compensation under this sec9 tion shall be afforded to survivors in the same order of

10 precedence as that set forth in section 8109 of title 5,

11 United States Code.

12 (f) EFFECTIVE DATE.—This section shall take effect

13 on July 31, 2001, unless Congress otherwise provides in

14 an Act enacted before that date.

15 SEC. 3629. MEDICAL BENEFITS.

16 (a) MEDICAL BENEFITS PROVIDED.—The United

17 States shall furnish, to an individual receiving medical

18 benefits under this section for an illness, the services, ap19 pliances, and supplies prescribed or recommended by a

20 qualified physician for that illness, which the President

21 considers likely to cure, give relief, or reduce the degree

22 or the period of that illness.

23 (b) PERSONS FURNISHING BENEFITS.—(1) These

24 services, appliances, and supplies shall be furnished by or

25 on the order of United States medical officers and hos-
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1 pitals, or, at the individual’s option, by or on the order

2 of physicians and hospitals designated or approved by the

3 President.

4 (2) The individual may initially select a physician to

5 provide medical services, appliances, and supplies under

6 this section in accordance with such regulations and in7 structions as the President considers necessary.

8 (c) TRANSPORTATION AND EXPENSES.—The indi9 vidual may be furnished necessary and reasonable trans10 portation and expenses incident to the securing of such

11 services, appliances, and supplies.

12 (d) COMMENCEMENT OF BENEFITS.—An individual

13 receiving benefits under this section shall be furnished

14 those benefits as of the date on which that individual sub15 mitted the claim for those benefits in accordance with this

16 title.

17 (e) PAYMENT FROM COMPENSATION FUND.—The

18 benefits provided under this section, when authorized or

19 approved by the President, shall be paid from the com20 pensation fund established under section 3612.

21 (f) EFFECTIVE DATE.—This section shall take effect

22 on July 31, 2001, unless Congress otherwise provides in

23 an Act enacted before that date.
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1 SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM

2 EMPLOYEES.

3 (a) COMPENSATION PROVIDED.—An individual who

4 receives, or has received, $100,000 under section 5 of the

5 Radiation Exposure Compensation Act (42 U.S.C. 2210

6 note) for a claim made under that Act (hereinafter in this

7 section referred to as a ‘‘covered uranium employee’’), or

8 the survivor of that covered uranium employee if the em9 ployee is deceased, shall receive compensation under this

10 section in the amount of $50,000.

11 (b) MEDICAL BENEFITS.—A covered uranium em12 ployee shall receive medical benefits under section 3629

13 for the illness for which that employee received $100,000

14 under section 5 of that Act.

15 (c) COORDINATION WITH RECA.—The compensation

16 and benefits provided in subsections (a) and (b) are sepa17 rate from any compensation or benefits provided under

18 that Act.

19 (d) PAYMENT FROM COMPENSATION FUND.—The

20 compensation provided under this section, when author21 ized or approved by the President, shall be paid from the

22 compensation fund established under section 3612.

23 (e) SURVIVORS.—(1) Subject to the provisions of this

24 section, if a covered uranium employee dies before the ef25 fective date specified in subsection (g), whether or not the

26 death is a result of the illness specified in subsection (b),
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1 a survivor of that employee may, on behalf of that survivor

2 and any other survivors of that employee, receive the com3 pensation provided for under this section.

4 (2) The right to receive compensation under this sec5 tion shall be afforded to survivors in the same order of

6 precedence as that set forth in section 8109 of title 5,

7 United States Code.

8 (f) PROCEDURES REQUIRED.—The President shall

9 establish procedures to identify and notify each covered

10 uranium employee, or the survivor of that covered ura11 nium employee if that employee is deceased, of the avail12 ability of compensation and benefits under this section.

13 (g) EFFECTIVE DATE.—This section shall take effect

14 on July 31, 2001, unless Congress otherwise provides in

15 an Act enacted before that date.

16 SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL

17 CLAIMANTS.

18 (a) ASSISTANCE FOR CLAIMANTS.—The President

19 shall, upon the receipt of a request for assistance from

20 a claimant under the compensation program, provide as21 sistance to the claimant in connection with the claim,

22 including—

23 (1) assistance in securing medical testing and

24 diagnostic services necessary to establish the exist-
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1 ence of a covered beryllium illness, chronic silicosis,

2 or cancer; and

3 (2) such other assistance as may be required to

4 develop facts pertinent to the claim.

5 (b) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The

6 President shall take appropriate actions to inform and as7 sist covered employees who are potential claimants under

8 the compensation program, and other potential claimants

9 under the compensation program, of the availability of

10 compensation under the compensation program, including

11 actions to—

12 (1) ensure the ready availability, in paper and

13 electronic format, of forms necessary for making

14 claims;

15 (2) provide such covered employees and other

16 potential claimants with information and other sup17 port necessary for making claims, including—

18 (A) medical protocols for medical testing

19 and diagnosis to establish the existence of a

20 covered beryllium illness, chronic silicosis, or

21 cancer; and

22 (B) lists of vendors approved for providing

23 laboratory services related to such medical test24 ing and diagnosis; and
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1 (3) provide such additional assistance to such

2 covered employees and other potential claimants as

3 may be required for the development of facts perti4 nent to a claim.

5 (c) INFORMATION FROM BERYLLIUM VENDORS AND

6 OTHER CONTRACTORS.—As part of the assistance pro7 gram provided under subsections (a) and (b), and as per8 mitted by law, the Secretary of Energy shall, upon the

9 request of the President, require a beryllium vendor or

10 other Department of Energy contractor or subcontractor

11 to provide information relevant to a claim or potential

12 claim under the compensation program to the President.

13 Subtitle C—Treatment, Coordina14 tion, and Forfeiture of Com15 pensation and Benefits

16 SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.

17 A payment of compensation to an individual, or to

18 a survivor of that individual, under subtitle B shall be off19 set by the amount of any payment made pursuant to a

20 final award or settlement on a claim (other than a claim

21 for worker’s compensation), against any person, that is

22 based on injuries incurred by that individual on account

23 of the exposure of a covered beryllium employee, covered

24 employee with cancer, covered employee with chronic sili25 cosis (as defined in section 3627), or covered uranium em-
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1 ployee (as defined in section 3630), while so employed, to

2 beryllium, radiation, silica, or radiation, respectively.

3 SEC. 3642. SUBROGATION OF THE UNITED STATES.

4 Upon payment of compensation under subtitle B, the

5 United States is subrogated for the amount of the pay6 ment to a right or claim that the individual to whom the

7 payment was made may have against any person on ac8 count of injuries referred to in section 3641.

9 SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.

10 The acceptance by an individual of payment of com11 pensation under subtitle B with respect to a covered em12 ployee shall be in full satisfaction of all claims of or on

13 behalf of that individual against the United States,

14 against a Department of Energy contractor or subcon15 tractor, beryllium vendor, or atomic weapons employer, or

16 against any person with respect to that person’s perform17 ance of a contract with the United States, that arise out

18 of an exposure referred to in section 3641.

19 SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED

20 STATES AND AGAINST CONTRACTORS AND

21 SUBCONTRACTORS.

22 (a) IN GENERAL.—The liability of the United States

23 or an instrumentality of the United States under this title

24 with respect to a cancer (including a specified cancer),

25 chronic silicosis, covered beryllium illness, or death related
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1 thereto of a covered employee is exclusive and instead of

2 all other liability—

3 (1) of—

4 (A) the United States;

5 (B) any instrumentality of the United

6 States;

7 (C) a contractor that contracted with the

8 Department of Energy to provide management

9 and operation, management and integration, or

10 environmental remediation of a Department of

11 Energy facility (in its capacity as a contractor);

12 (D) a subcontractor that provided services,

13 including construction, at a Department of En14 ergy facility (in its capacity as a subcontractor);

15 and

16 (E) an employee, agent, or assign of an en17 tity specified in subparagraphs (A) through

18 (D);

19 (2) to—

20 (A) the covered employee;

21 (B) the covered employee’s legal represent22 ative, spouse, dependents, survivors and next of

23 kin; and

24 (C) any other person, including any third

25 party as to whom the covered employee, or the
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1 covered employee’s legal representative, spouse,

2 dependents, survivors, or next of kin, has a

3 cause of action relating to the cancer (including

4 a specified cancer), chronic silicosis, covered be5 ryllium illness, or death, otherwise entitled to

6 recover damages from the United States, the

7 instrumentality, the contractor, the subcon8 tractor, or the employee, agent, or assign of one

9 of them;

10 because of the cancer (including a specified cancer), chron11 ic silicosis, covered beryllium illness, or death in any pro12 ceeding or action including a direct judicial proceeding,

13 a civil action, a proceeding in admiralty, or a proceeding

14 under a tort liability statute or the common law.

15 (b) APPLICABILITY.—This section applies to all cases

16 filed on or after the date of the enactment of this Act.

17 (c) WORKERS’ COMPENSATION.—This section does

18 not apply to an administrative or judicial proceeding under

19 a State or Federal workers’ compensation law.

20 SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EM21 PLOYEES AND ATOMIC WEAPONS EMPLOY22 EES.

23 (a) ELECTION TO FILE SUIT.—If a tort case is filed

24 after the date of the enactment of this Act, alleging a

25 claim referred to in section 3643 against a beryllium ven-
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1 dor or atomic weapons employer, the plaintiff shall not

2 be eligible for compensation or benefits under subtitle B

3 unless the plaintiff files such case within the applicable

4 time limits in subsection (b).

5 (b) APPLICABLE TIME LIMITS.—A case described in

6 subsection (a) shall be filed not later than the later of—

7 (1) the date that is 30 months after the date

8 of the enactment of this Act; or

9 (2) the date that is 30 months after the date

10 the plaintiff first becomes aware that an illness cov11 ered by subtitle B of a covered employee may be

12 connected to the exposure of the covered employee in

13 the performance of duty.

14 (c) DISMISSAL OF CLAIMS.—Unless a case filed

15 under subsection (a) is dismissed prior to the time limits

16 in subsection (b), the plaintiff shall not be eligible for com17 pensation under subtitle B.

18 (d) DISMISSAL OF PENDING SUIT.—If a tort case

19 was filed on or before the date of the enactment of this

20 Act, alleging a claim referred to in section 3643 against

21 a beryllium vendor or atomic weapons employer, the plain22 tiff shall not be eligible for compensation or benefits under

23 subtitle B unless the plaintiff dismisses such case not later

24 than December 31, 2003.
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1 (e) WORKERS’ COMPENSATION.—This section does

2 not apply to an administrative or judicial proceeding under

3 a State or Federal workers’ compensation law.

4 SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS

5 UNDER OTHER LAWS.

6 Compensation or benefits provided to an individual

7 under subtitle B—

8 (1) shall be treated for purposes of the internal

9 revenue laws of the United States as damages for

10 human suffering; and

11 (2) shall not be included as income or resources

12 for purposes of determining eligibility to receive ben13 efits described in section 3803(c)(2)(C) of title 31,

14 United States Code, or the amount of such benefits.

15 SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE;

16 CHOICE OF REMEDIES.

17 (a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—

18 No claim cognizable under subtitle B shall be assignable

19 or transferable.

20 (b) CHOICE OF REMEDIES.—No individual may re21 ceive more than one payment of compensation under sub22 title B.

23 SEC. 3648. ATTORNEY FEES.

24 (a) GENERAL RULE.—Notwithstanding any contract,

25 the representative of an individual may not receive, for
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1 services rendered in connection with the claim of an indi2 vidual under subtitle B, more than that percentage speci3 fied in subsection (b) of a payment made under subtitle

4 B on such claim.

5 (b) APPLICABLE PERCENTAGE LIMITATIONS.—The

6 percentage referred to in subsection (a) is—

7 (1) 2 percent for the filing of an initial claim;

8 and

9 (2) 10 percent with respect to any claim with

10 respect to which a representative has made a con11 tract for services before the date of the enactment

12 of this Act.

13 (c) PENALTY.—Any such representative who violates

14 this section shall be fined not more than $5,000.

15 SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF

16 DAMAGES.

17 A payment under subtitle B shall not be considered

18 as any form of compensation or reimbursement for a loss

19 for purposes of imposing liability on any individual receiv20 ing such payment, on the basis of such receipt, to repay

21 any insurance carrier for insurance payments, or to repay

22 any person on account of worker’s compensation pay23 ments; and a payment under subtitle B shall not affect

24 any claim against an insurance carrier with respect to in-
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1 surance or against any person with respect to worker’s

2 compensation.

3 SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FEL4 ONS.

5 (a) FORFEITURE OF COMPENSATION.—Any indi6 vidual convicted of a violation of section 1920 of title 18,

7 United States Code, or any other Federal or State crimi8 nal statute relating to fraud in the application for or re9 ceipt of any benefit under subtitle B or under any other

10 Federal or State workers’ compensation law, shall forfeit

11 (as of the date of such conviction) any entitlement to any

12 compensation or benefit under subtitle B such individual

13 would otherwise be awarded for any injury, illness or death

14 covered by subtitle B for which the time of injury was

15 on or before the date of the conviction.

16 (b) INFORMATION.—Notwithstanding section 552a of

17 title 5, United States Code, or any other Federal or State

18 law, an agency of the United States, a State, or a political

19 subdivision of a State shall make available to the Presi20 dent, upon written request from the President and if the

21 President requires the information to carry out this sec22 tion, the names and Social Security account numbers of

23 individuals confined, for conviction of a felony, in a jail,

24 prison, or other penal institution or correctional facility

25 under the jurisdiction of that agency.
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1 SEC. 3651. COORDINATION WITH OTHER FEDERAL RADI2 ATION COMPENSATION LAWS.

3 Except in accordance with section 3630, an individual

4 may not receive compensation or benefits under the com5 pensation program for cancer and also receive compensa6 tion under the Radiation Exposure Compensation Act (42

7 U.S.C. 2210 note) or section 1112(c) of title 38, United

8 States Code.

9 Subtitle D—Assistance in State

10 Workers’ Compensation Pro11 ceedings

12 SEC. 3661. AGREEMENTS WITH STATES.

13 (a) AGREEMENTS AUTHORIZED.—The Secretary of

14 Energy (hereinafter in this section referred to as the ‘‘Sec15 retary’’) may enter into agreements with the chief execu16 tive officer of a State to provide assistance to a Depart17 ment of Energy contractor employee in filing a claim

18 under the appropriate State workers’ compensation sys19 tem.

20 (b) PROCEDURE.—Pursuant to agreements under

21 subsection (a), the Secretary may—

22 (1) establish procedures under which an indi23 vidual may submit an application for review and as24 sistance under this section; and
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1 (2) review an application submitted under this

2 section and determine whether the applicant sub3 mitted reasonable evidence that—

4 (A) the application was filed by or on be5 half of a Department of Energy contractor em6 ployee or employee’s estate; and

7 (B) the illness or death of the Department

8 of Energy contractor employee may have been

9 related to employment at a Department of En10 ergy facility.

11 (c) SUBMITTAL OF APPLICATIONS TO PANELS.—If

12 provided in an agreement under subsection (a), and if the

13 Secretary determines that the applicant submitted reason14 able evidence under subsection (b)(2), the Secretary shall

15 submit the application to a physicians panel established

16 under subsection (d). The Secretary shall assist the em17 ployee in obtaining additional evidence within the control

18 of the Department of Energy and relevant to the panel’s

19 deliberations.

20 (d) COMPOSITION AND OPERATION OF PANELS.—(1)

21 The Secretary shall inform the Secretary of Health and

22 Human Services of the number of physicians panels the

23 Secretary has determined to be appropriate to administer

24 this section, the number of physicians needed for each
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1 panel, and the area of jurisdiction of each panel. The Sec2 retary may determine to have only one panel.

3 (2)(A) The Secretary of Health and Human Services

4 shall appoint panel members with experience and com5 petency in diagnosing occupational illnesses under section

6 3109 of title 5, United States Code.

7 (B) Each member of a panel shall be paid at the rate

8 of pay payable for level III of the Executive Schedule for

9 each day (including travel time) the member is engaged

10 in the work of a panel.

11 (3) A panel shall review an application submitted to

12 it by the Secretary and determine, under guidelines estab13 lished by the Secretary, by regulation, whether the illness

14 or death that is the subject of the application arose out

15 of and in the course of employment by the Department

16 of Energy and exposure to a toxic substance at a Depart17 ment of Energy facility.

18 (4) At the request of a panel, the Secretary and a

19 contractor who employed a Department of Energy con20 tractor employee shall provide additional information rel21 evant to the panel’s deliberations. A panel may consult

22 specialists in relevant fields as it determines necessary.

23 (5) Once a panel has made a determination under

24 paragraph (3), it shall report to the Secretary its deter25 mination and the basis for the determination.
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1 (6) A panel established under this subsection shall

2 not be subject to the Federal Advisory Committee Act (5

3 U.S.C. App.).

4 (e) ASSISTANCE.—If provided in an agreement under

5 subsection (a)—

6 (1) the Secretary shall review a panel’s deter7 mination made under subsection (d), information the

8 panel considered in reaching its determination, any

9 relevant new information not reasonably available at

10 the time of the panel’s deliberations, and the basis

11 for the panel’s determination;

12 (2) as a result of the review under paragraph

13 (1), the Secretary shall accept the panel’s deter14 mination in the absence of significant evidence to

15 the contrary; and

16 (3) if the panel has made a positive determina17 tion under subsection (d) and the Secretary accepts

18 the determination under paragraph (2), or the panel

19 has made a negative determination under subsection

20 (d) and the Secretary finds significant evidence to

21 the contrary—

22 (A) the Secretary shall assist the applicant

23 to file a claim under the appropriate State

24 workers’ compensation system based on the
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1 health condition that was the subject of the de2 termination;

3 (B) the Secretary thereafter—

4 (i) may not contest such claim;

5 (ii) may not contest an award made

6 regarding such claim; and

7 (iii) may, to the extent permitted by

8 law, direct the Department of Energy con9 tractor who employed the applicant not to

10 contest such claim or such award,

11 unless the Secretary finds significant new evi12 dence to justify such contest; and

13 (C) any costs of contesting a claim or an

14 award regarding the claim incurred by the con15 tractor who employed the Department of En16 ergy contractor employee who is the subject of

17 the claim shall not be an allowable cost under

18 a Department of Energy contract.

19 (f) INFORMATION.—At the request of the Secretary,

20 a contractor who employed a Department of Energy con21 tractor employee shall make available to the Secretary and

22 the employee information relevant to deliberations under

23 this section.

24 (g) GAO REPORT.—Not later than February 1,

25 2002, the Comptroller General shall submit to Congress
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1 a report on the implementation by the Department of En2 ergy of the provisions of this section and of the effective3 ness of the program under this section in assisting Depart4 ment of Energy contractor employees in obtaining com5 pensation for occupational illness.

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