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[House Report 106-624]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-624

=======================================================================

 
  PROVIDING FOR THE FURTHER CONSIDERATION OF H.R. 4205, THE NATIONAL 
             DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                _______
                                

May 17, 2000.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 504]

    The Committee on Rules, having had under consideration 
House Resolution 504, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for further consideration of H.R. 
4205, the National Defense Authorization Act for Fiscal Year 
2001, under a structured rule.
    The rule provides that no further amendment to the 
committee amendment in the nature of a substitute shall be in 
order except those printed in this report and pro forma 
amendments offered by the chairman or ranking minority member 
of the Committee on Armed Services for the purpose of debate. 
The rule further provides that, except as specified in section 
4 of the resolution, each amendment printed in this report 
shall be considered only in the order printed in this report, 
may be offered only by a Member designated in this report, 
shall be considered as read, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The rule provides that each amendment 
printed in this report shall be debatable for the time 
specified in this report equally divided and controlled by the 
proponent and an opponent and shall not be subject to amendment 
(except as specified in this report and except that the 
chairman and ranking minority member of the Committee on Armed 
Services may each offer one pro forma amendment for the purpose 
of debate on any pending amendment).
    The rule waives all points of order against the amendments 
printed in this report. The rule allows the Chairman of the 
Committee of the Whole to postpone until a time during further 
consideration of the bill a request for a recorded vote on any 
amendment and to reduce voting time to five minutes on a 
postponed question if the vote follows a fifteen minute vote. 
The rule further allows the Chairman of the Committee of the 
Whole to recognize for the consideration of any amendment 
printed in this report out of the order printed, but not sooner 
than one hour after the chairman of the Committee on Armed 
Services or a designee announces from the floor a request to 
that effect. Finally, the rule provides one motion to recommit 
with or without instructions.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 100

    Date: May 17, 2000.
    Measure: H.R. 4205, National Defense Authorization Act for 
Fiscal Year 2001.
    Motion by: Mr. Moakley.
    Summary of motion: To make in order the Allen/McGovern/
Gejdenson amendment to give the Pentagon the flexibility to 
retire or dismantle strategic nuclear delivery systems that are 
in excess of the military requirements, contingent on a 
Presidential certification that such reductions do not 
undermine our nuclear deterrent or continued Russian 
dismantlement of strategic nuclear delivery systems. The 
amendment also extends the certification currently available to 
Trident submarines to other delivery systems.
    Results: Defeated 1 to 6.
    Votes by Members: Goss--Nay; Pryce--Nay; Hastings--Nay; 
Sessions--Nay; Reynolds--Nay; Moakley--Yea; Dreier--Nay.

Rules Committee record vote No. 101

    Date: May 17, 2000.
    Measure: H.R. 4205, National Defense Authorization Act for 
Fiscal Year 2001.
    Motion by: Mr. Moakley.
    Summary of motion: To make in order the Shows amendment 
which deletes language in the bill which would extend military 
retiree health care test programs and create a commission to 
study military retiree health care issues. The amendment 
includes providing the option of fully paid FEHBP coverage to 
military retirees who entered the service prior to June 7, 
1956, and allows all military retirees the option of 
participating in FEHBP, or remaining in TRICARE after age 65. 
Participation is capped at 300,000 retirees with preference 
given to those who are Medicare eligible. The amendment also 
addresses cost and funding issues.
    Results: Defeated 1 to 6.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings--Nay; 
Sessions--Nay; Reynolds--Nay; Moakley--Yea; Dreier--Nay.

Rules Committee record vote No. 102

    Date: May 17, 2000.
    Measure: H.R. 4205, National Defense Authorization Act for 
FY 2001.
    Motion by: Mr. Moakley.
    Summary of motion: To make in order the McCarthy (NY) 
amendment which strikes Section 810 of the bill, which would 
prohibit DoD from making preferences of firearms vendors based 
on their decision to abide by a certain code of conduct.
    Results: Defeated 1 to 6.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings--Nay; 
Sessions--Nay; Reynolds--Nay; Moakley--Yea; Dreier--Nay.

Rules Committee record vote No. 103

    Date: May 17, 2000.
    Measure: H.R. 4205, National Defense Authorization Act for 
Fiscal Year 2001.
    Motion by: Mr. Moakley.
    Summary of motion: To make in order, en bloc, amendments 
by: Representative Berkley to compensate employees at DoE for 
occupational illnesses; Representative Hill to allow no cost 
economic development conveyances for non-BRAC military 
installations and to establish fair procedures for communities 
that may have lost installations; Representative Hoeffel to 
authorize a $1.5 million study to identify DoD technologies 
that could be used by civilians; Representative Rodriguez to 
authorize a DoD grant program for school construction; 
Representative Gonzalez to authorize a DoD loan program for 
school construction; Representative Berman to authorize $1 
million for Middle East arms control dialogues; Representatives 
Andrews and Weldon (PA) to accelerate the tracking and 
identification of computer hackers; Representative Baca to 
mandate that Congressional Medals of Honor be made of at least 
ninety percent gold; and Representatives Frank and DeFazio 
expressing the Sense of Congress in support of our European 
Allies creating an integrated military force.
    Results: Defeated 1 to 6.
    Vote by Members: Goss--Nay; Pryce--Nay; Hastings--Nay; 
Sessions--Nay; Reynolds--Nay; Moakley--Yea; Dreier--Nay.

          summary of amendments made in order under this rule

    Sanchez/Morella/Lowey--Restores equal access to health 
services at overseas military hospitals to servicemen and women 
and their dependents stationed overseas (20 minutes)
    Moakley/Campbell/McGovern/Scarborough--Repeals authority 
for the School of the Americas and authorizes a Congressional 
task force to critically assess training of Latin American 
soldiers by the U.S. and report its findings to Congress. (40 
minutes)
    Cox/Markey--Blocks any United States Government entity from 
entering into arrangements to accept liability or extend an 
indemnity for nuclear accidents occurring in North Korea. (30 
minutes)
    Skelton--Strikes Title XV of the bill as reported, and 
substitutes language which would authorize the conveyance of 
the land at the western end of the island of Vieques, with 
certain exceptions, and in accordance with the President's 
negotiated position with the government of Puerto Rico. (30 
minutes)
    Whitfield/Strickland/Kanjorski/Wamp/Gibbons/Udall (CO)--
Expresses the sense of Congress that workers at DoE nuclear 
weapons facilities and at vendor site were exposed to 
beryllium, radiation, silica and other toxic materials without 
their knowledge and that those same workers are now 
experiencing increased incidents of illness and death resulting 
from that exposure. (20 minutes)
    Taylor (MS)/Abercrombie/Bartlett/Jones (NC)--Expands and 
makes permanent an existing DoD TRICARE Senior Prime 
demonstration program, more commonly known as Medicare 
Subvention (30 minutes)
    Buyer--Substitute amendment to the Taylor (MS)/Abercrombie/
Bartlett/Jones (NC) amendment. Expands the current Medicare 
subvention demonstration program to up to seven additional 
sites and up to 13 additional military treatment facilities. 
(30 minutes)

            text of amendments made in order under the rule

1. An Amendment To Be Offered by Representative Sanchez of California, 
or Representative Morella of Maryland, or a Designee, Debatable for 20 
                                Minutes

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

SEC. 7____. RESTORATION OF PRIOR POLICY REGARDING RESTRICTIONS ON USE 
                    OF DEPARTMENT OF DEFENSE MEDICAL FACILITIES.

  Section 1093 of title 10, United States Code, is amended--
          (1) by striking out ``(a) Restriction on Use of 
        Funds.--''; and
          (2) by striking out subsection (b).
                              ----------                              

      2. An Amendment To Be Offered by Representative Moakley of 
Massachusetts, or Representative Campbell of California, or a Designee, 
                        Debatable for 40 Minutes

    Strike section 908 (page 285, line 6 through page 289, line 
8) and insert the following:

SEC. 908. REPEAL OF AUTHORITY FOR UNITED STATES ARMY SCHOOL OF THE 
                    AMERICAS.

  (a) Closure of School of the Americas.--The Secretary of the 
Army shall close the United States Army School of the Americas.
  (b) Repeal.--(1) Section 4415 of title 10, United States 
Code, is repealed.
  (2) The table of sections at the beginning of chapter 407 of 
such title is amended by striking the item relating to section 
4415.
  (c) Limitation on Establishment of New Education and Training 
Facility.--No training or education facility may be established 
in the Department of Defense for Latin American military 
personnel (as a successor to the United States Army School of 
the Americas or otherwise) until the end of the ten-month 
period beginning on the date of the enactment of this Act.
  (d) Task Force.--(1) There is established a task force to 
conduct an assessment of the kind of education and training 
that is appropriate for the Department of Defense to provide to 
military personnel of Latin American nations.
  (2) The task force shall be composed of eight Members of 
Congress, of whom two each shall be designated by the Speaker 
of the House of Representatives, the minority leader of the 
House of Representatives, the majority leader of the Senate, 
and the minority leader of the Senate.
  (3) Not later than six months after the date of the enactment 
of this Act, the task force shall submit to Congress a report 
on its assessment as specified in paragraph (1). The report 
shall include--
          (A) a critical assessment of courses, curriculum and 
        procedures appropriate for such education and training; 
        and
          (B) an evaluation of the effect of such education and 
        training on the performance of Latin American military 
        personnel in the areas of human rights and adherence to 
        democratic principles and the rule of law.
  (4) In this subsection, the term ``Member'' includes a 
Delegate to, or Resident Commissioner, in the Congress.
                              ----------                              

 3. An Amendment To Be Offered by Representative Cox of California, or 
Representative Markey of Massachusetts, or a Designee, Debatable for 30 
                                Minutes

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

SEC. 1205. PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF 
                    LIABILITY FOR NUCLEAR ACCIDENTS IN NORTH KOREA.

  Neither the President nor any department, agency, or 
instrumentality of the United States Government may use the 
authority of Public Law 85-804 (50 U.S.C. 1431) or any other 
provision of law to enter into any contract or other 
arrangement, or into any amendment or modification of a 
contract or other arrangement, the purpose or effect of which 
would be to impose liability on the United States Government, 
or otherwise require an indemnity by the United States 
Government, for nuclear accidents occurring in North Korea.
                              ----------                              

4. An Amendment To Be Offered by Representative Skelton of Missouri, or 
                  a Designee, Debatable for 30 Minutes

    Strike title XV (page 354, line 6, through page 359, line 
16) and insert the following:

    TITLE XV--LAND CONVEYANCE REGARDING VIEQUES ISLAND, PUERTO RICO

SEC. 1501. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT, VIEQUES 
                    ISLAND.

  (a) Conveyance Required.--
          (1) Property to be conveyed.--(1) Subject to 
        subsection (b), the Secretary of the Navy shall convey, 
        without consideration, to the Commonwealth of Puerto 
        Rico all right, title, and interest of the United 
        States in and to the land constituting the Naval 
        Ammunition Support detachment located on the western 
        end of Vieques Island, Puerto Rico.
          (2) Time for conveyance.--The Secretary of the Navy 
        shall complete the conveyance required by paragraph (1) 
        not later than December 31, 2000.
          (3) Purpose of conveyance.--The conveyance under 
        paragraph (1) is being made for the benefit of the 
        Municipality of Vieques, Puerto Rico, as determined by 
        the Planning Board of the Commonwealth of Puerto Rico.
  (b) Reserved Property Not Subject to Conveyance.--
          (1) Radar and communications facilities.--The 
        conveyance required by subsection (a) shall not include 
        that portion of the Naval Ammunition Support detachment 
        consisting of the following:
                  (A) Approximately 100 acres on which is 
                located the Relocatable Over-the-Horizon Radar 
                and the Mount Pirata telecommunications 
                facilities.
                  (B) Such easements, rights-of-way, and other 
                interests retained by the Secretary of the Navy 
                as the Secretary considers necessary--
                          (i) to provide access to the property 
                        retained under subparagraph (A);
                          (ii) for the provision of utilities 
                        and security for the retained property; 
                        and
                          (iii) for the effective maintenance 
                        and operation of the retained property.
          (2) Other sites.--The United States may retain such 
        other interests in the property conveyed under 
        subsection (a) as--
                  (A) the Secretary of the Navy considers 
                necessary, in the discharge of responsibilities 
                under subsection (d), to protect human health 
                and the environment; and
                  (B) the Secretary of the Interior considers 
                necessary to discharge responsibilities under 
                subsection (f), as provided in the co-
                management agreement referred to in such 
                subsection.
  (c) Description of Property.--The Secretary of the Navy, in 
consultation with the Secretary of the Interior on issues 
relating to natural resource protection under subsection (f), 
shall determine the exact acreage and legal description of the 
property required to be conveyed pursuant to subsection (a), 
including the legal description of any easements, rights of 
way, and other interests that are retained pursuant to 
subsection (b).
  (d) Environmental Restoration.--
          (1) Objective of conveyance.--An important objective 
        of the conveyance required by this section is to 
        promote timely redevelopment of the conveyed property 
        in a manner that enhances employment opportunities and 
        economic redevelopment, consistent with all applicable 
        environmental requirements and in full consultation 
        with the Governor of Puerto Rico, for the benefit of 
        the residents of Vieques Island.
          (2) Conveyance despite response need.--If the 
        Secretary of the Navy, by December 31, 2000, is unable 
        to provide the covenant required by section 
        120(h)(3)(A)(ii)(I) of the Comprehensive Environmental 
        Response, Compensation and Liability Act of 1980 (42 
        U.S.C. 9620(h)(3)(A)(ii)(I)) with respect to the 
        property to be conveyed, the Secretary shall still 
        complete the conveyance by that date, as required by 
        subsection (a)(2). The Secretary shall remain 
        responsible for completing all response actions 
        required under such Act. The completion of the response 
        actions shall not be delayed on account of the 
        conveyance.
          (3) Continued navy responsibility.--The Secretary of 
        the Navy shall remain responsible for the environmental 
        condition of the property, and the Commonwealth of 
        Puerto Rico shall not be responsible for any condition 
        existing at the time of the conveyance.
          (4) Savings clause.--All response actions with 
        respect to the property to be conveyed shall take place 
        in compliance with current law.
  (e) Indemnification.--
          (1) Entities and persons covered; extent.--(A) Except 
        as provided in subparagraph (C), and subject to 
        paragraph (2), the Secretary of Defense shall hold 
        harmless, defend, and indemnify in full the persons and 
        entities described in subparagraph (B) from and against 
        any suit, claim, demand or action, liability, judgment, 
        cost or other fee arising out of any claim for personal 
        injury or property damage (including death, illness, or 
        loss of or damage to property or economic loss) that 
        results from, or is in any manner predicated upon, the 
        release or threatened release of any hazardous 
        substance or pollutant or contaminant as a result of 
        Department of Defense activities at those parts of the 
        Naval Ammunition Support detachment conveyed pursuant 
        to subsection (a).
          (B) The persons and entities described in this 
        paragraph are the following:
                  (i) The Commonwealth of Puerto Rico 
                (including any officer, agent, or employee of 
                the Commonwealth of Puerto Rico), once Puerto 
                Rico acquires ownership or control of the Naval 
                Ammunition Support Detachment by the conveyance 
                under subsection (a).
                  (ii) Any political subdivision of the 
                Commonwealth of Puerto Rico (including any 
                officer, agent, or employee of the Commonwealth 
                of Puerto Rico) that acquires such ownership or 
                control.
                  (iii) Any other person or entity that 
                acquires such ownership or control.
                  (iv) Any successor, assignee, transferee, 
                lender, or lessee of a person or entity 
                described in clauses (i) through (iii).
          (C) To the extent the persons and entities described 
        in subparagraph (B) contributed to any such release or 
        threatened release, subparagraph (A) shall not apply.
          (2) Conditions on indemnification.--No 
        indemnification may be afforded under this subsection 
        unless the person or entity making a claim for 
        indemnification--
                  (A) notifies the Secretary of Defense in 
                writing within two years after such claim 
                accrues or begins action within six months 
                after the date of mailing, by certified or 
                registered mail, of notice of final denial of 
                the claim by the Secretary of Defense;
                  (B) furnishes to the Secretary of Defense 
                copies of pertinent papers the entity receives;
                  (C) furnishes evidence of proof of any claim, 
                loss, or damage covered by this subsection; and
                  (D) provides, upon request by the Secretary 
                of Defense, access to the records and personnel 
                of the entity for purposes of defending or 
                settling the claim or action.
          (3) Responsibilities of secretary of defense.--(A) In 
        any case in which the Secretary of Defense determines 
        that the Department of Defense may be required to make 
        indemnification payments to a person under this 
        subsection for any suit, claim, demand or action, 
        liability, judgment, cost or other fee arising our of 
        any claim for personal injury or property damage 
        referred to in paragraph (1)(A), the Secretary may 
        settle or defend, on behalf of that person, the claim 
        for personal injury or property damage.
          (B) In any case described in subparagraph (A), if the 
        person to whom the Department of Defense may be 
        required to make indemnification payments does not 
        allow the Secretary of Defense to settle or defend the 
        claim, the person may not be afforded indemnification 
        with respect to that claim under this subsection.
          (4) Accrual of action.--For purposes of paragraph 
        (2)(A), the date on which a claim accrues is the date 
        on which the plaintiff knew (or reasonably should have 
        known) that the personal injury or property damage 
        referred to in paragraph (1) was caused or contributed 
        to by the release or threatened release of a hazardous 
        substance or pollutant or contaminant as a result of 
        Department of Defense activities at any part of the 
        Naval Ammunition Support Detachment conveyed pursuant 
        to subsection (a).
          (5) Relationship to other laws.--Nothing in this 
        subsection shall be construed as affecting or modifying 
        in any way subsection 120(h) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act 
        of 1980 (42 U.S.C. 9620(h)).
          (6) Definitions.--In this subsection, the terms 
        ``hazardous substance'', ``release'', and ``pollutant 
        or contaminant'' have the meanings given such terms 
        under paragraphs (9), (14), (22), and (33) of section 
        101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
  (f) Management.--
          (1) Co-management of conservation zones.--Those areas 
        on the western end of the Vieques Island designated as 
        Conservation Zones in section IV of the 1983 Memorandum 
        of Understanding between the Commonwealth of Puerto 
        Rico and the Secretary of the Navy shall be subject to 
        a co-management agreement among the Commonwealth of 
        Puerto Rico, the Puerto Rico Conservation Trust and the 
        Secretary of the Interior. Areas adjacent to these 
        Conservation Zones shall also be considered for 
        inclusion under the co-management agreement. Adjacent 
        areas to be included under the co-management agreement 
        shall be mutually agreed to by the Commonwealth of 
        Puerto Rico and the Secretary of the Interior. This 
        determination of inclusion of lands shall be 
        incorporated into the co-management agreement process 
        as set forth in paragraph (2). In addition, the Sea 
        Grass Area west of Mosquito Pier, as identified in the 
        1983 Memorandum of Understanding, shall be included in 
        the co-management plan to be protected under the laws 
        of the Commonwealth of Puerto Rico.
          (2) Co-management purposes.--All lands covered by the 
        co-management agreement shall be managed to protect and 
        preserve the natural resources of these lands in 
        perpetuity. The Commonwealth of Puerto Rico, the Puerto 
        Rico Conservation Trust, and the Secretary of the 
        Interior shall follow all applicable Federal 
        environmental laws during the creation and any 
        subsequent amendment of the co-management agreement, 
        including the National Environmental Policy Act of 
        1969, the Endangered Species Act of 1973, and the 
        National Historic Preservation Act. The co-management 
        agreement shall be completed prior to any conveyance of 
        the property under subsection (a), but not later than 
        December 31, 2000. The Commonwealth of Puerto Rico 
        shall implement the terms and conditions of the co-
        management agreement, which can only be amended by 
        agreement of the Commonwealth of Puerto Rico, the 
        Puerto Rico Conservation Trust, and the Secretary of 
        the Interior.
          (3) Role of national fish and wildlife foundation.--
        Contingent on funds being available specifically for 
        the preservation and protection of natural resources on 
        Vieques Island, amounts necessary to carry out the co-
        management agreement may be made available to the 
        National Fish and Wildlife Foundation to establish and 
        manage an endowment for the management of lands 
        transferred to the Commonwealth of Puerto Rico and 
        subject to the co-management agreement. The proceeds 
        from investment of the endowment shall be available on 
        an annual basis. The Foundation shall strive to 
        leverage annual proceeds with non-Federal funds to the 
        fullest extent possible.
                              ----------                              

5. An Amendment To Be Offered by Representative Whitfield of Kentucky, 
 or Representative Strickland of Ohio, or a Designee, Debatable for 20 
                                Minutes

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

SEC. ____. SENSE OF CONGRESS REGARDING COMPENSATION AND HEALTH CARE FOR 
                    PERSONNEL OF THE DEPARTMENT OF ENERGY AND ITS 
                    CONTRACTORS AND VENDORS WHO HAVE SUSTAINED 
                    BERYLLIUM, SILICA, AND RADIATION-RELATED INJURY.

  It is the sense of Congress that--
          (1) Since World War II Federal nuclear activities 
        have been explicitly recognized by the United States 
        Government as an ultra-hazardous activity under Federal 
        law. Nuclear weapons production and testing involved 
        unique dangers, including potential catastrophic 
        nuclear accidents that private insurance carriers would 
        not cover, as well as chronic exposures to radioactive 
        and hazardous substances, such as beryllium and silica, 
        that even in small amounts could cause medical harm.
          (2) Since the inception of the nuclear weapons 
        program and for several decades afterwards, large 
        numbers of nuclear weapons workers at Department of 
        Energy and at vendor sites who supplied the Cold War 
        effort were put at risk without their knowledge and 
        consent for reasons that, documents reveal, were driven 
        by fears of adverse publicity, liability, and employee 
        demands for hazardous duty pay.
          (3) Numerous previous secret records documented 
        unmonitored radiation, beryllium, silica, heavy metals, 
        and toxic substances' exposures and continuing problems 
        at the Department of Energy and vendor sites across the 
        country, where since World War II the Department of 
        Energy and its predecessors have been self-regulating 
        with respect to nuclear safety and occupational safety 
        and health. No other hazardous Federal activity has 
        been permitted to have such sweeping self-regulatory 
        powers.
          (4) The Department of Energy policy to litigate 
        occupational illness claims has deterred workers from 
        filing workers compensation claims and imposed major 
        financial burdens for workers who sought compensation. 
        Department of Energy contractors have been held 
        harmless and the Department of Energy workers were 
        denied workers compensation coverage for occupational 
        disease.
          (5) Over the past 20 years more than two dozen 
        scientific findings have emerged that indicate that 
        certain Department of Energy workers are experiencing 
        increased risks of dying from cancer and non-malignant 
        diseases at numerous facilities that provided for the 
        nation's nuclear deterrent. Several of these studies 
        also establish a correlation between excess diseases 
        and exposure to radiation, beryllium, and silica.
          (6) While linking exposure to occupational hazards 
        with the development of occupational disease is 
        sometimes difficult, scientific evidence supports the 
        conclusion that occupational exposure to dust particles 
        or vapor of beryllium, even where there was compliance 
        with the standards in place at the time, can cause 
        beryllium sensitivity and chronic beryllium disease. 
        Furthermore, studies indicate than 98 percent of 
        radiation induced cancers within the Department of 
        Energy complex occur at dose levels below existing 
        maximum safe thresholds. Further, that workers at 
        Department of Energy sites were exposed to silica, 
        heavy metals, and toxic substances at levels that will 
        lead or contribute to illness and diseases.
          (7) Existing information indicates that State 
        workers' compensation programs are not a uniform means 
        to provide adequate compensation for the types of 
        occupational illnesses and diseases related to the 
        prosecution of the Cold War effort.
          (8) The civilian men and women who performed duties 
        uniquely related to the Department of Energy's nuclear 
        weapons production and testing programs over the last 
        50 years should have efficient, uniform, and adequate 
        compensation for beryllium-related health conditions, 
        radiation-related health conditions, and silica-related 
        health conditions in order to assure fairness and 
        equity.
          (9) This situation is sufficiently unique to the 
        Department of Energy's nuclear weapons production and 
        testing programs that it is appropriate for 
        Congressional review this year.
                              ----------                              

6. An Amendment To Be Offered by Representative Taylor of Mississippi, 
 or Representative Abercrombie of Hawaii, or a Designee, Debatable for 
                               30 Minutes

    Amend section 725 (page 231, line 3, and all that follows 
through page 232, line 21) to read as follows:

SEC. 725. MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES AND 
                    DEPENDENTS.

  (a) Future Repeal of Limitation on Number of Sites.--
Effective January 1, 2001, paragraph (2) of section 1896(b) of 
the Social Security Act (42 U.S.C. 1395ggg(b)) is amended to 
read as follows:
          ``(2) Location of sites; facilities.--Subject to 
        annual appropriations, the program shall be conducted 
        in any site that provides a full range of comprehensive 
        health care and that is designated jointly by the 
        administering Secretaries. The program shall be 
        conducted nationwide by January 1, 2006.''.
  (b) Authority to Modify Agreement.--Such section is further 
amended in paragraph (1)(A) by inserting ``, which may be 
modified if necessary'' before the closing parenthesis.
  (c) Making Project Permanent; Changes in Project 
References.--
          (1) Elimination of time limitation.--Paragraph (4) of 
        section 1896(b) of such Act is repealed.
          (2) Treatment of caps.--Subsection (i)(4) of section 
        1896 of such Act is amended by adding at the end the 
        following:
        ``This paragraph shall not apply after calendar year 
        2001.''.
          (3) Conforming changes of references to demonstration 
        project.--Section 1896 of such Act is further amended--
                  (A) in the heading, by striking 
                ``demonstration project'' and inserting 
                ``program'';
                  (B) by amending subsection (a)(2) to read as 
                follows:
          ``(2) Program.--The term `program' means the program 
        carried out under this section.'';
                  (C) in the heading to subsection (b), by 
                striking ``Demonstration Project'' and 
                inserting ``Program'';
                  (D) by striking ``demonstration project'' or 
                ``project'' each place either appears and 
                inserting ``program'';
                  (E) in subsection (k)(2)--
                          (i) by striking ``extension and 
                        expansion of demonstration project'' 
                        and inserting ``program''; and
                          (ii) by striking subparagraphs (A) 
                        through (C) and inserting the 
                        following:
                  ``(A) whether there is a cost to the health 
                care program under this title in conducting the 
                program under this section; and
                  ``(B) whether the terms and conditions of the 
                program should be modified.''.
          (4) Reports.--Subsection (k)(1) of such section 1896 
        is amended in the second sentence--
                  (A) by striking ``the demonstration project'' 
                and inserting ``the program'';
                  (B) by striking ``, and the'' and all that 
                follows through ``date'';
                  (C) by redesignating subparagraph (O) as 
                subparagraph (S); and
                  (D) by inserting after subparagraph (N) the 
                following new subparagraphs:
                  ``(O) Patient satisfaction with the program.
                  ``(P) The ability of the Department of 
                Defense to operate an effective and efficient 
                managed care system for medicare beneficiaries.
                  ``(Q) The ability of the Department of 
                Defense to meet the managed care access and 
                quality of care standards under medicare.
                  ``(R) The adequacy of the data systems of the 
                Department of Defense for providing timely, 
                necessary, and accurate information required to 
                properly manage the program.''.
          (5) Additional conforming amendments.--Section 
        1896(b) of such Act is further amended--
                  (A) by redesignating paragraph (5) as 
                paragraph (4); and
                  (B) in such paragraph, by striking ``At least 
                60 days'' and all that follows through 
                ``agreement'' and inserting ``The administering 
                Secretaries shall also submit on an annual 
                basis the most current agreement''.
          (6) Continuation of provision of care.--Section 
        1896(b) of such Act is further amended by adding at the 
        end the following new paragraph:
          ``(5) Continuation of provision of care.--With 
        respect to any individual who receives health care 
        benefits under this section before the date of the 
        enactment of this paragraph, the administering 
        Secretaries shall not terminate such benefits unless 
        the individual ceases to fall within the definition of 
        the term `medicare-eligible military retiree or 
        dependent' (as defined in subsection (a)).''.
  (d) Payments.--
          (1) Permitting payments on a fee-for-service basis.--
        Section 1896 of such Act is further amended by adding 
        at the end the following new subsection:
  ``(l) Payment on a Fee-for-Service Basis.--Instead of the 
payment method described in subsection (i)(1) and in the case 
of individuals who are not enrolled in the program in the 
manner described in subsection (d)(1), the Secretary may 
reimburse the Secretary of Defense for services provided under 
the program at a rate that does not exceed the rate of payment 
that would otherwise be made under this title for such services 
if sections 1814(c) and 1835(d), and paragraphs (2) and (3) of 
section 1862(a), did not apply.''.
          (2) Payments to military treatment facilities.--Such 
        section is further amended by adding at the end the 
        following new subsection:
  ``(m) Payments to Military Treatment Facilities.--The 
Secretary of Defense shall reimburse military treatment 
facilities for the provision of health care under this 
section.''.
          (3) Conforming amendments.--Such section is further 
        amended--
                  (A) in subsections (b)(1)(B)(v) and 
                (b)(1)(B)(viii)(I), by inserting ``or 
                subsection (l)'' after ``subsection (i)'';
                  (B) in subsection (b)(2), by adding at the 
                end the following: ``If feasible, at least one 
                of the sites shall be conducted using the fee-
                for-service reimbursement method described in 
                subsection (l).'';
                  (C) in subsection (d)(1)(A), by inserting 
                ``(insofar as it provides for the enrollment of 
                individuals and payment on the basis described 
                in subsection (i))'' before ``shall meet'';
                  (D) in subsection (d)(1)(A), by inserting 
                ``and the program (insofar as it provides for 
                payment for facility services on the basis 
                described in subsection (l)) shall meet all 
                requirements for such facilities under this 
                title'' after ``medicare payments'';
                  (E) in subsection (d)(2), by inserting ``, 
                insofar as it provides for the enrollment of 
                individuals and payment on the basis described 
                in subsection (i),'' before ``shall comply'';
                  (F) in subsection (g)(1), by inserting ``, 
                insofar as it provides for the enrollment of 
                individuals and payment on the basis described 
                in subsection (i),'' before ``the Secretary of 
                Defense'';
                  (G) in subsection (i)(1), by inserting ``and 
                subsection (l)'' after ``of this subsection''; 
                and
                  (H) in subsection (j)(2)(B)(ii), by inserting 
                ``or subsection (l)'' after ``subsection 
                (i)(1)''.
          (3) Effective date.--The amendments made by this 
        subsection take effect on January 1, 2001, and apply to 
        services furnished on or after such date.
  (e) Elimination of Restriction on Eligibility.--Section 
1896(b)(1) of such Act is amended by adding at the end the 
following new subparagraph:
                  ``(C) Elimination of restrictive policy.--If 
                the enrollment capacity in the program has been 
                reached at a particular site designated under 
                paragraph (2) and the Secretary therefore 
                limits enrollment at the site to medicare-
                eligible military retirees and dependents who 
                are enrolled in TRICARE Prime (as defined for 
                purposes of chapter 55 of title 10, United 
                States Code) at the site immediately before 
                attaining 65 years of age, participation in the 
                program by a retiree or dependent at such site 
                shall not be restricted based on whether the 
                retiree or dependent has a civilian primary 
                care manager instead of a military primary care 
                manager.''.
  (f) Medigap Protection for Enrollees.--Section 1896 of such 
Act is further amended by adding at the end the following new 
subsection:
  ``(m) Medigap Protection for Enrollees.--(1) Subject to 
paragraph (2), effective January 1, 2001, the provisions of 
section 1882(s)(3) (other than clauses (i) through (iv) of 
subparagraph (B)) and 1882(s)(4) of the Social Security Act 
shall apply to any enrollment (and termination of enrollment) 
in the program (for which payment is made on the basis 
described in subsection (i)) in the same manner as they apply 
to enrollment (and termination of enrollment) with a 
Medicare+Choice organization in a Medicare+Choice plan.
  ``(2) In applying paragraph (1)--
          ``(A) in the case of enrollments occurring before 
        January 1, 2001, any reference in clause (v)(III) or 
        (vi) of section 1882(s)(3)(B) of such Act to `within 
        the first 12 months of such enrollment' or `by not 
        later than 12 months after the effective date of such 
        enrollment' is deemed a reference to during calendar 
        year 2001; and
          ``(B) the notification required under section 
        1882(s)(3)(D) of such Act shall be provided in a manner 
        specified by the Secretary of Defense in consultation 
        with the Secretary of Health and Human Services.''.
  (g) Implementation of Utilization Review Procedures.--
Subsection (b) of such section is further amended by adding at 
the end the following:
          ``(6) Utilization review procedures.--The Secretary 
        of Defense shall develop and implement procedures to 
        review utilization of health care services by medicare-
        eligible military retirees and dependents under this 
        section in order to enable the Secretary of Defense to 
        more effectively manage the use of military medical 
        treatment facilities by such retirees and 
        dependents.''.
                              ----------                              

  7. A Substitute Amendment To Be Offered by Representative Buyer of 
 Indiana, or a Designee to the Amendment Numbered 6. The Amendment May 
Be Offered Only After Debate Has Concluded on the Amendment Numbered 6, 
                 and Shall Be Debatable for 30 Minutes

    Amend section 725 (page 231, line 3, and all that follows 
through page 232, line 21) to read as follows:

SEC. 725. MEDICARE SUBVENTION PROJECT FOR MILITARY RETIREES AND 
                    DEPENDENTS.

  (a) Expansion of Project.--Section 1896(b) of the Social 
Security Act (42 U.S.C. 1395ggg(b)) is amended--
          (1) by amending paragraph (2), to read as follows:
          ``(2) Expansion; location of sites.--Not later than 
        December 31, 2002, in addition to the sites at which 
        the project is already being conducted before the date 
        of the enactment of this paragraph and subject to 
        annual appropriations, the project shall be conducted 
        at any site that includes a military treatment facility 
        that is considered by the Secretary of Defense to be a 
        major medical center and that is designated jointly by 
        the administering Secretaries. The total number of 
        sites at which the project may be carried out shall not 
        exceed 14, and the total number of military treatment 
        facilities at which the project may be carried out 
        shall not exceed 24.'';
          (2) in paragraph (4), by striking ``3-year period 
        beginning on January 1, 1998'' and inserting ``period 
        beginning on January 1, 1998, and ending on December 
        31, 2003''; and
          (3) by adding at the end the following new paragraph:
          ``(6) Administration of project.--Not later than 
        September 30, 2002, the administering Secretaries shall 
        undertake measures to ensure that the project under 
        this section is being conducted, and reimbursements are 
        being made, in accordance with subsection (i), 
        including discussions regarding renegotiation of the 
        agreement authorized under subsection (b)(1)(A).''.
  (b) Authority to Modify Agreement.--Such section is further 
amended--
          (1) in paragraph (1)(A), by inserting ``, which may 
        be modified if necessary'' before the closing 
        parenthesis; and
          (2) in paragraph (5), by striking ``At least 60 
        days'' and all that follows through ``agreement'' and 
        inserting ``The administering Secretaries shall also 
        submit on an annual basis the most current agreement''.
  (c) Continuation of provision of care.--Section 1896(b) of 
such Act is further amended by adding at the end the following 
new paragraph:
          ``(7) Continuation of provision of care.--With 
        respect to any individual who receives health care 
        benefits under this section before the date of the 
        enactment of this paragraph, the administering 
        Secretaries shall not terminate such benefits unless 
        the individual ceases to fall within the definition of 
        the term `medicare-eligible military retiree or 
        dependent' (as defined in subsection (a)). 
        Notwithstanding paragraph (2), the administering 
        Secretaries shall continue to provide health care under 
        the project at any military treatment center at which 
        such care was provided before the date of the enactment 
        of this paragraph.''.
  (d) Payments.--Section 1896 of such Act is further amended by 
adding at the end the following new subsection:
  ``(m) Payments to Military Treatment Facilities.--The 
Secretary of Defense shall reimburse military treatment 
facilities for the provision of health care under this 
section.''.
  (e) Elimination of Restriction on Eligibility.--Section 
1896(b)(1) of such Act is amended by adding at the end the 
following new subparagraph:
                  ``(C) Elimination of restrictive policy.--If 
                the enrollment capacity in the project has been 
                reached at a particular site designated under 
                paragraph (2) and the Secretary therefore 
                limits enrollment at the site to medicare-
                eligible military retirees and dependents who 
                are enrolled in TRICARE Prime (within the 
                meaning of that term as used in chapter 55 of 
                title 10, United States Code) at the site 
                immediately before attaining 65 years of age, 
                participation in the project by a retiree or 
                dependent at such site shall not be restricted 
                based on whether the retiree or dependent has a 
                civilian primary care manager instead of a 
                military primary care manager.''.
  (f) Medigap Protection for Enrollees.--Section 1896 of such 
Act is further amended by adding at the end the following new 
subsection:
  ``(m) Medigap Protection for Enrollees.--(1) Subject to 
paragraph (2), the provisions of section 1882(s)(3) (other than 
clauses (i) through (iv) of subparagraph (B)) and 1882(s)(4) of 
the Social Security Act shall apply to any enrollment (and 
termination of enrollment) in the project (for which payment is 
made on the basis described in subsection (i)) in the same 
manner as they apply to enrollment (and termination of 
enrollment) with a Medicare+Choice organization in a 
Medicare+Choice plan.
  ``(2) In applying paragraph (1)--
          ``(A) in the case of an enrollment that occurred 
        before the date of the enactment of this subsection, 
        the enrollment (or effective date of the enrollment) is 
        deemed to have occurred on such date of enactment for 
        purposes of applying clauses (v)(III) and (vi) of 
        section 1882(s)(3)(B) of such Act; and
          ``(B) the notification required under section 
        1882(s)(3)(D) of such Act shall be provided in a manner 
        specified by the Secretary of Defense in consultation 
        with the Secretary of Health and Human Services.''.
  (g) Implementation of Utilization Review Procedures.--
Subsection (b) of such section is further amended by adding at 
the end the following:
          ``(8) Utilization review procedures.--The Secretary 
        of Defense shall develop and implement procedures to 
        review utilization of health care services by medicare-
        eligible military retirees and dependents under this 
        section in order to enable the Secretary of Defense to 
        more effectively manage the use of military medical 
        treatment facilities by such retirees and 
        dependents.''.
  (h) Reports.--(1) Subsection (k)(1) of such section 1896 is 
amended--
          (A) in the second sentence, by striking ``3\1/2\ 
        years'' and inserting ``4\1/2\ years''; and
          (B) by redesignating subparagraph (O) as subparagraph 
        (T); and
          (C) by inserting after subparagraph (N) the following 
        new subparagraphs:
                  ``(O) Patient satisfaction with the project.
                  ``(P) Which interagency funding mechanisms 
                would be most appropriate if the project under 
                this section is made permanent.
                  ``(Q) The ability of the Department of 
                Defense to operate an effective and efficient 
                managed care system for medicare beneficiaries.
                  ``(R) The ability of the Department of 
                Defense to meet the managed care access and 
                quality of care standards under medicare.
                  ``(S) The adequacy of the data systems of the 
                Department of Defense for providing timely, 
                necessary, and accurate information required to 
                properly manage the demonstration project.''.
  (2) Section 724 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 10 
U.S.C. 1108 note) is amended by inserting ``the demonstration 
project conducted under section 1896 of the Social Security Act 
(42 U.S.C. 1395ggg),'' after ``section 722,''.
  (3) Not later than July 1, 2002, the Secretary of Defense 
shall submit to the independent advisory committee established 
in section 722(c) a report on the actions taken to provide that 
the project established under section 1896 of the Social 
Security Act (42 U.S.C. 1395ggg) is being conducted on a cost-
neutral basis for the Department of Defense.
  (4) Not later than December 31, 2002--
          (A) the Secretary of Defense shall submit to Congress 
        a report on such actions; and
          (B) the General Accounting Office shall submit to 
        Congress a report assessing the efforts of the 
        Department regarding such actions.

                                

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