" ! HOUSE OF REPRESENTATIVES 106TH CONGRESS

2d Session

REPORT

106–945

ENACTMENT OF PROVISIONS OF

H.R. 5408, THE FLOYD D. SPENCE

NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2001

CONFERENCE REPORT

TO ACCOMPANY

H.R. 4205

OCTOBER 6, 2000.—Ordered to be printed

OVISIONS OF H.R. 5408, THE FLOYD D. SPENCE NATIONAL DEFENSE

AUTHORIZATION ACT FOR FISCAL YEAR 2001

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

66–636

" ! HOUSE OF REPRESENTATIVES 106TH CONGRESS

2d Session

REPORT

2000

106–945

ENACTMENT OF PROVISIONS OF

H.R. 5408, THE FLOYD D. SPENCE

NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2001

CONFERENCE REPORT

TO ACCOMPANY

H.R. 4205

OCTOBER 6, 2000.—Ordered to be printed

(III)

CONTENTS

Page

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE ............................................................................................................. 7

Summary Statement of Conference Action .................................................... 534

Summary Table of Authorizations .................................................................. 534

Congressional Defense Committees ................................................................ 540

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. 540

TITLE I—PROCUREMENT .......................................................................................... 540

Procurement Overview ...................................................................... 540

Overview ............................................................................................. 543

UH–60 Blackhawk ............................................................................. 546

TH–67 training helicopter ................................................................. 546

Longbow .............................................................................................. 546

AH–64 modifications .......................................................................... 546

UH–60 modifications .......................................................................... 547

Aircraft Survivability Equipment (ASE) .......................................... 547

Aircrew integrated systems ............................................................... 547

Overview ............................................................................................. 547

Army tactical missile system ............................................................ 550

Overview ............................................................................................. 550

Bradley base sustainment ................................................................. 553

Improved recovery vehicle ................................................................. 553

Heavy assault bridge system modifications ..................................... 553

Army Transformation ........................................................................ 553

Machine gun, squad automatic weapon ........................................... 554

Overview ............................................................................................. 554

155MM Sense and Destroy Armor Munition M898 ........................ 558

Overview ............................................................................................. 558

Tactical trailers/dolly sets ................................................................. 567

High mobility multipurpose-wheeled vehicle ................................... 567

Family of medium tactical vehicles .................................................. 567

Fire trucks and associated firefighting equipment ......................... 567

M915/M916 line haul truck tractor .................................................. 567

Weapons of Mass Destruction Civil Support Teams ....................... 568

Army data distribution system ......................................................... 568

Single channel ground and airborne radio systems family ............ 569

Area common user system modification program ........................... 569

Night vision devices ........................................................................... 569

Combat identification/aiming light ................................................... 570

Standard integrated command post system ..................................... 570

Automated data processing equipment ............................................ 570

Ribbon bridge ..................................................................................... 570

Laundries, showers, and latrines ...................................................... 571

Combat support medical .................................................................... 571

Roller, vibratory, self-propelled ......................................................... 571

Hydraulic excavator ........................................................................... 571

Deployable universal combat earth mover ....................................... 572

Construction equipment service life extension program ................. 572

Small tug ............................................................................................ 572

Combat training center instrumentation support ........................... 572

Nonsystem training devices .............................................................. 573

Overview ............................................................................................. 573

Chemical Agents and Munitions Destruction, Army ...................... 575

Overview ............................................................................................. 577

F/A–18E/F aircraft ............................................................................. 581

Page

IV

TITLE I—PROCUREMENT—Continued

SH–60R helicopter ............................................................................. 581

UC–35 aircraft .................................................................................... 581

F–18 series modifications .................................................................. 581

AH–1 series modifications ................................................................. 582

H–53 series modifications .................................................................. 582

H–1 series modifications .................................................................... 582

EP–3 aircraft modifications ............................................................... 583

Overview ............................................................................................. 583

Trident II advance procurement ....................................................... 586

Drones and decoys .............................................................................. 586

Weapons industrial facilities ............................................................. 586

Mark 48 advanced capability torpedo modifications ....................... 586

Close-in weapons system modifications ............................................ 587

Gun mount modifications .................................................................. 587

Overview ............................................................................................. 587

Overview ............................................................................................. 590

DDG–51 destroyers ............................................................................ 593

LHD–8 advance procurement ............................................................ 593

Ship outfitting .................................................................................... 593

Overview ............................................................................................. 593

Surveillance and security for military sealift ships ........................ 602

AN/WSN–7 inertial navigation system ............................................ 602

Integrated condition assessment system .......................................... 602

AN/SPS–73(V) surface search radar ................................................. 602

Nuclear attack submarine acoustics ................................................. 602

Sonar support equipment .................................................................. 603

Shipboard indications and warnings exploit .................................... 603

Side-scanning sonar for forward deployed minesweepers ............... 603

Shallow water mine countermeasures .............................................. 603

Other training equipment ................................................................. 604

Joint tactical terminal ....................................................................... 604

Joint engineering data management and information control system ................................................................................................... 604

Naval shore communications equipment ......................................... 604

Sonobuoys ........................................................................................... 604

Weapons range support equipment .................................................. 605

Rolling airframe guided missile launcher ........................................ 605

Cruiser smart ship ............................................................................. 605

NULKA anti-ship missile decoy system ........................................... 605

SSN combat control systems ............................................................. 606

Civil engineering support equipment ............................................... 606

Education support equipment ........................................................... 606

Overview ............................................................................................. 606

Communications and electronic infrastructure support ................. 611

Night vision equipment ..................................................................... 611

Radio systems ..................................................................................... 611

5/4 ton truck high mobility multipurpose wheeled vehicles ........... 611

Material handling equipment ........................................................... 611

Overview ............................................................................................. 612

F–16C aircraft .................................................................................... 617

C–17 aircraft ....................................................................................... 617

C–17 advance procurement ............................................................... 617

EC–130J aircraft ................................................................................ 617

B–52 aircraft modifications ............................................................... 618

A–10 aircraft integrated flight and fire control computer .............. 618

F–15 modifications ............................................................................. 618

F–16 aircraft modifications ............................................................... 619

Defense airborne reconnaissance program modifications ............... 619

Other aircraft modifications .............................................................. 620

Defense airborne reconnaissance program aircraft support equipment ................................................................................................. 620

Overview ............................................................................................. 621

Overview ............................................................................................. 624

Overview ............................................................................................. 627

Intelligence communications equipment .......................................... 633

Combat training ranges ..................................................................... 633

Items less than $5.0 million .............................................................. 633

Page

V

TITLE I—PROCUREMENT—Continued

Overview ............................................................................................. 633

MH–60 aerial refueling probes and 200 gallon fuel tanks ............. 638

Special operations forces small arms and support equipment ....... 638

Items of Special Interest .................................................................................. 638

Air Mobility Command ...................................................................... 638

Intelligence, surveillance and reconnaissance programs ................ 639

LPD–17 amphibious ships ................................................................. 639

Multipurpose individual munition .................................................... 640

Shipbuilding overview ....................................................................... 641

Legislative Provisions Adopted ........................................................................ 642

Subtitle A—Authorization of Appropriations .......................................... 642

Authorization of appropriations (secs. 101–106) ............................. 642

Subtitle B—Army Programs ..................................................................... 642

Multiyear procurement authority (sec. 111) .................................... 642

Increase in limitation on number of bunker defeat munitions

that may be acquired (sec. 112) ..................................................... 642

Reports and limitations relating to Army transformation (sec.

113) .................................................................................................. 642

Subtitle C—Navy Programs ..................................................................... 643

CVNX–1 nuclear aircraft carrier program (sec. 121) ...................... 643

Arleigh Burke class destroyer program (sec. 122) ........................... 644

Virginia class submarine program (sec. 123) ................................... 644

Limitation during fiscal year 2001 on changes in submarine force

structure (sec. 124) ......................................................................... 644

ADC(X) ship program (sec. 125) ........................................................ 645

Refueling and complex overhaul program of the U.S.S. Dwight

D. Eisenhower (sec. 126) ................................................................ 645

Analysis of certain shipbuilding programs (sec. 127) ...................... 645

Helicopter support of FFG–7 frigates during fiscal year 2001

(sec. 128) .......................................................................................... 645

V–22 cockpit aircraft voice and flight data recorders (sec. 129) .... 645

Subtitle D—Air Force Programs .............................................................. 646

Annual Report on the B–2 bomber (sec. 131) .................................. 646

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

(sec. 132) .......................................................................................... 646

Subtitle E—Joint Programs ...................................................................... 647

Study of final assembly and checkout alternatives for the joint

strike fighter program (sec. 141) ................................................... 647

Subtitle F—Chemical Demilitarization ................................................... 647

Pueblo Chemical Depot chemical agent ammunitions destruction

technologies (sec. 151) .................................................................... 647

Report on assessment of need for Federal economic assistance

for communities impacted by chemical demilitarization activities (sec. 152) ................................................................................... 647

Prohibition against disposal of non-stockpile chemical warfare

material at Anniston chemical stockpile disposal facility (sec.

153) .................................................................................................. 647

Legislative Provisions not Adopted ................................................................. 647

AGM–65 modifications ....................................................................... 647

Anti-personnel obstacle breaching system ....................................... 648

C–135 modifications ........................................................................... 648

Integrated bridge system for Naval systems special warfare rigid

inflatable boats and high-speed assault craft .............................. 648

Rapid intravenous infusion pumps ................................................... 648

Remanufactured AV–8B aircraft ...................................................... 649

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION ............................. 649

Research, Development, Test, and Evaluation Overview ............... 649

Overview ............................................................................................. 651

Tactical High Energy Laser .............................................................. 660

Emergency preparedness training .................................................... 660

High energy laser research and development .................................. 660

Advanced tank armament system .................................................... 661

Defense manufacturing technology program ................................... 661

Overview ............................................................................................. 662

Biodegradable polymers ..................................................................... 674

Torpedoes and unmanned undersea vehicles ................................... 674

DP–2 thrust vectoring system proof-of-concept demonstration ...... 674

Page

VI

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued

Virtual test bed for reconfigurable ship ........................................... 675

Fleet health technology and occupational lung disease .................. 675

Common towed array ......................................................................... 676

Advanced land attack missile ........................................................... 676

Joint strike fighter ............................................................................. 677

Nonlethal research and technologies ................................................ 678

Power node control centers ................................................................ 678

Advanced food service technology ..................................................... 678

F–14 tactical reconnaissance ............................................................. 678

Marine Corps ground combat/supporting arms systems ................. 679

Tactical unmanned aerial vehicles ................................................... 679

Overview ............................................................................................. 680

XSS–10 micro-satellite technology demonstration .......................... 691

Specialty aerospace metals ................................................................ 691

Space-based radar .............................................................................. 692

Space maneuver vehicle ..................................................................... 692

Space Based Laser program .............................................................. 693

Electronic warfare development ........................................................ 693

Satellite control network ................................................................... 693

Manned reconnaissance systems ...................................................... 694

Overview ............................................................................................. 694

Chemical and Biological Defense Program ...................................... 704

Nuclear sustainment and counterproliferation technologies .......... 705

Blast mitigation testing ..................................................................... 705

Chemical and biological detectors ..................................................... 705

Facial recognition access control technology .................................... 705

Weapons of mass destruction attack-effects-response assessment

capability at U.S. Joint Forces Command .................................... 707

Ballistic Missile Defense Organization funding and programmatic guidance ....................................................................... 707

Defense imagery and mapping program .......................................... 710

Special operations tactical systems development ............................ 710

Common imagery processor ............................................................... 711

Defense Space Reconnaissance Program .......................................... 711

Future scout and cavalry system ...................................................... 712

Modernized hellfire/common missile ................................................ 713

National Imagery and Mapping Agency pre-acquisition activities 713

Nuclear Detonation Detection System ............................................. 715

Radar technology insertion program ................................................ 716

Space launch ranges .......................................................................... 716

Subtitle A—Authorization of Appropriations .......................................... 716

Authorization of appropriations (secs. 201–202) ............................. 716

Subtitle B—Program Requirements, Restrictions, and Limitations ..... 717

Management of Space-Based Infrared System-Low (sec. 211) ....... 717

Joint strike fighter program (sec. 212) ............................................. 717

Fiscal year 2002 joint field experiment (sec. 213) ........................... 717

Nuclear aircraft carrier design and production modeling (sec.

214) .................................................................................................. 718

DD–21 class destroyer program (sec. 215) ....................................... 718

Limitation on Russian American Observation Satellites program

(sec. 216) .......................................................................................... 718

Joint Biological Defense Program (sec. 217) .................................... 719

Report on biological warfare defense vaccine research and development programs (sec. 218) ........................................................... 719

Cost limitations applicable to F–22 aircraft program (sec. 219) .... 720

Unmanned advanced capability combat aircraft and ground combat vehicles (sec. 220) ..................................................................... 720

Global Hawk high altitude endurance unmanned aerial vehicle

(sec. 221) .......................................................................................... 721

Army space control technology development (sec. 222) .................. 722

Subtitle C—Ballistic Missile Defense ...................................................... 722

Funding for fiscal year 2001 (sec. 231) ............................................. 722

Reports on ballistic missile threat posed by North Korea (sec.

232) .................................................................................................. 722

Plan to modify ballistic missile defense architecture (sec. 233) ..... 722

Management of Airborne Laser program (sec. 234) ........................ 723

Subtitle D—High Energy Laser Programs .............................................. 723

Page

VII

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION—Continued

Subtitle D—High Energy Laser Programs—Continued

High energy laser programs (secs. 241–250) ................................... 723

Subtitle E—Other Matters ....................................................................... 724

Reports on mobile offshore base concept and potential use for

certain purposes of technologies associated with that concept

(sec. 251) .......................................................................................... 724

Air Force science and technology planning (sec. 252) ..................... 724

Enhancement of authorities regarding education partnerships for

purposes of encouraging scientific study (sec. 253) ..................... 724

Recognition of those individuals instrumental to naval research

efforts during the period from before World War II through

the end of the Cold War (sec. 254) ................................................ 724

Legislative Provisions not Adopted ................................................................. 725

Acoustic mine detection technology .................................................. 725

Additional authorization for weathering and corrosion technology

for aircraft surfaces and parts ....................................................... 725

Air logistics technology ...................................................................... 725

Ammunition risk analysis research .................................................. 725

Funding for comparisons of medium armored vehicles .................. 726

Joint technology information center initiative ................................. 726

Navy information technology center and human resource enterprise strategy .................................................................................. 726

Sense of Congress concerning commitment to deployment of National Missile Defense System ....................................................... 726

Technology for mounted maneuver forces ........................................ 726

TITLE III—OPERATION AND MAINTENANCE ............................................................ 727

Overview ............................................................................................. 727

Battlefield Mobility Enhancement System ...................................... 756

Cultural and historic activities ......................................................... 756

MOCAS enhancements ...................................................................... 756

Items of Special Interest .................................................................................. 757

Funding for Formerly Used Defense Sites and the Conway Bombing and Gunnery Range, Horry County, South Carolina ............ 757

United States Army marksmanship program .................................. 757

Water quality issues at installations in Kaiserslautern, Germany ................................................................................................ 758

Legislative Provisions Adopted ........................................................................ 758

Subtitle A—Authorization of Appropriations .......................................... 758

Authorization of appropriations (secs. 301–302) ............................. 758

Armed Forces Retirement Home (sec. 303) ...................................... 758

Transfer from National Defense Stockpile Transaction Fund (sec.

304) .................................................................................................. 758

Joint warfighting capabilities assessment teams (sec. 305) ........... 759

Subtitle B—Environmental Provisions .................................................... 759

Establishment of additional environmental restoration account

and use of accounts for operation and monitoring of environmental remedies (sec. 311) ............................................................. 759

Certain environmental restoration activities (sec. 312) .................. 759

Annual reports under Strategic Environmental Research and Development Program (sec. 313) ....................................................... 760

Payment of fines and penalties for environmental compliance

at Fort Wainwright, Alaska (sec. 314) .......................................... 760

Payment of fines or penalties imposed for environmental compliance violations at other Department of Defense facilities (sec.

315) .................................................................................................. 760

Reimbursement for certain costs in connection with the former

Nansemond Ordnance Depot Site, Suffolk, Virginia (sec. 316) .. 761

Necessity of military low-level flight training to protect national

security and enhance military readiness (sec. 317) ..................... 761

Ship disposal project (sec. 318) ......................................................... 761

Defense Environmental Security Corporate Information Management Program (sec. 319) ................................................................ 762

Report on Plasma Energy Pyrolysis System (sec. 320) ................... 762

Sense of Congress regarding environmental restoration of former

defense manufacturing site, Santa Clarita, California (sec.

321) .................................................................................................. 762

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities ......................................................................................................... 763

Page

VIII

TITLE III—OPERATION AND MAINTENANCE—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities—Continued

Use of appropriated funds to cover operating expenses of commissary stores (sec. 331) ................................................................ 763

Adjustment of sales prices of commissary store goods and services to cover certain expenses (sec. 332) ....................................... 763

Use of surcharges for construction and improvement of commissary stores (sec. 333) ................................................................ 763

Inclusion of magazines and other periodicals as an authorized

commissary merchandise category (sec. 334) ............................... 763

Use of most economical distribution method for distilled spirits

(sec. 335) .......................................................................................... 763

Report on effects of availability of slot machines on United States

military installations overseas (sec. 336) ..................................... 764

Subtitle D—Department of Defense Industrial Facilities ...................... 764

Designation of Centers of Industrial and Technical Excellence

and public-private partnerships to increase utilization of such

centers (sec. 341) ............................................................................ 764

Unutilized and underutilized plant-capacity costs of United

States arsenals (sec. 342) ............................................................... 765

Arsenal support program initiative (sec. 343) ................................. 765

Codification and improvement of armament retooling and manufacturing support programs (sec. 344) .......................................... 765

Subtitle E—Performance of Functions by Private-Sector Sources ........ 765

Inclusion of additional information in reports to Congress required before conversion of commercial or industrial type functions to contractor performance (sec. 351) .................................... 765

Effects of outsourcing on overhead costs of Centers of Industrial

and Technical Excellence and Army ammunition plants (sec.

352) .................................................................................................. 766

Consolidation, restructuring, or re-engineering of Department of

Defense organizations, functions, or activities (sec. 353) ............ 766

Monitoring of savings resulting from workforce reductions as

part of conversion of functions to performance by private sector

or other strategic sourcing initiatives (sec. 354) .......................... 767

Performance of emergency response functions at chemical weapons storage installations (sec. 355) ............................................... 767

Suspension of reorganization or relocation of Naval Audit Service

(sec. 356) .......................................................................................... 767

Subtitle F—Defense Dependents Education ........................................... 768

Eligibility of dependents of American Red Cross employees for

enrollment in Department of Defense domestic dependent

schools in Puerto Rico (sec. 361) ................................................... 768

Assistance to local educational agencies that benefit dependents

of members of the armed forces and Department of Defense

civilian employees (sec. 362) .......................................................... 768

Impact aid for children with severe disabilities (sec. 363) ............. 768

Assistance for maintenance, repair, and renovation of school facilities that serve dependents of members of the Armed Forces

and Department of Defense civilian employees (sec. 364) .......... 768

Subtitle G—Military Readiness Issues .................................................... 769

Measuring cannibalization of parts, supplies, and equipment

under readiness reporting system (sec. 371) ................................ 769

Reporting requirements regarding transfers from high-priority

readiness appropriations (sec. 372) ............................................... 769

Effects of worldwide contingency operations on readiness of military aircraft and equipment (sec. 373) ......................................... 769

Identification of requirements to reduce backlog in maintenance

and repair of defense facilities (sec. 374) ...................................... 769

New methodology for preparing budget requests to satisfy Army

readiness requirements (sec. 375) ................................................. 770

Review of AH–64 aircraft program (sec. 376) .................................. 770

Report on Air Force spare and repair parts program for C–

5 (sec. 377) ...................................................................................... 770

Subtitle H—Other Matters ....................................................................... 770

Annual report on public sale of certain military equipment identified on United States Munitions List (sec. 381) ........................ 770

Page

IX

TITLE III—OPERATION AND MAINTENANCE—Continued

Legislative Provisions Adopted—Continued

Subtitle H—Other Matters—Continued

Resale of armor-piercing ammunition disposed of by the Army

(sec. 382) .......................................................................................... 771

Reimbursement by civil air carriers for support provided at Johnston Atoll (sec. 383) ........................................................................ 771

Travel by Reserves on military aircraft (sec. 384) .......................... 771

Overseas airlift service on Civil Reserve Air Fleet aircraft (sec.

385) .................................................................................................. 771

Additions to plan for ensuring visibility over all in-transit end

items and secondary items (sec. 386) ............................................ 772

Reauthorization of pilot program for acceptance and use of landing fees charged for use of domestic military airfields by civil

aircraft (sec. 387) ............................................................................ 772

Extension of authority to sell certain aircraft for use in wildfire

suppression (sec. 388) ..................................................................... 772

Damage to aviation facilities caused by alkali silica reactivity

(sec. 389) .......................................................................................... 772

Demonstration project to increase reserve component internet

access and services in rural communities (sec. 390) .................... 772

Additional conditions on implementation of Defense Joint Accounting System (sec. 391) ............................................................. 773

Report on Defense Travel System (sec. 392) .................................... 773

Review of Department of Defense costs of maintaining historical

properties (sec. 393) ........................................................................ 773

Legislative Provisions not Adopted ................................................................. 774

Authority to ensure demilitarization of significant military equipment formerly owned by the Department of Defense .................. 774

Close-in weapon system overhauls ................................................... 774

Industrial mobilization capacity at government-owned, government-operated army ammunition facilities and arsenals ........... 774

Investment of commissary trust revolving fund .............................. 774

MK–45 overhaul ................................................................................. 774

Mounted urban combat training site, Fort Knox ............................ 775

National Guard assistance for certain youth and charitable organizations .......................................................................................... 775

Notice of use of radio frequency spectrum by a system entering

engineering and manufacturing development .............................. 775

Revision of authority to waive limitation on performance of

depot-level maintenance ................................................................. 776

Spectrum data base upgrades ........................................................... 776

Use of humanitarian and civic assistance funding for pay and

allowances of special operations command reserves furnishing

demining training and related assistance as humanitarian assistance ............................................................................................ 776

Weatherproofing of facilities at Keesler Air Force Base ................. 776

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS ............................................... 777

Items of Special Interest .................................................................................. 777

Funding for Army Reserve Individual Mobilization Augmentees .. 777

Legislative Provisions Adopted ........................................................................ 777

Subtitle A—Active Forces ......................................................................... 777

End strengths for active forces (sec. 401) ......................................... 777

Revision in permanent end strength minimum levels (sec. 402) ... 777

Adjustment to end strength flexibility authority (sec. 403) ............ 778

Subtitle B—Reserve Forces ...................................................................... 778

End strengths for Selected Reserve (sec. 411) ................................. 778

End strengths for Reserves on active duty in support of the

reserves (sec. 412) ........................................................................... 778

End strengths for military technicians (dual status) (sec. 413) ..... 779

Fiscal year 2001 limitation on non-dual status technicians (sec.

414) .................................................................................................. 780

Increase in numbers of members in certain grades authorized

to be on active duty in support of the Reserves (sec. 415) .......... 780

Subtitle C—Other Matters Relating to Personnel Strengths ................ 781

Authority for Secretary of Defense to suspend certain personnel

strength limitations during war or national emergency (sec.

421) .................................................................................................. 781

Page

X

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Other Matters Relating to Personnel Strengths—Continued

Exclusion from active component end strengths of certain reserve

component members on active duty in support of the combatant commands (sec. 422) ................................................................ 782

Exclusion of Army and Air Force medical and dental officers

from limitation on strengths of reserve comissioned officers

in grades below brigadier general (sec. 423) ................................ 782

Authority for temporary increases in number of reserve component personnel serving on active duty or full-time national

guard duty in certain grades (sec. 424) ........................................ 782

Subtitle D—Authorization of Appropriations .......................................... 782

Authorization of appropriations for military personnel (sec. 431) . 782

Legislative Provisions not Adopted ................................................................. 784

Temporary exemption of Director of the National Security Agency from limitations on number of Air Force officers above major

general ............................................................................................. 784

TITLE V—MILITARY PERSONNEL POLICY ................................................................ 785

Legislative Provisions Adopted ........................................................................ 785

Subtitle A—Officer Personnel Policy ................................................ 785

Eligibility of Army and Air Force reserve colonels and brigadier

generals for position vacancy promotions (sec. 501) .................... 785

Flexibility in establishing promotion zones for Coast Guard Reserve officers (sec. 502) ................................................................... 785

Time for release of reports of officer promotion selection boards

(sec. 503 ........................................................................................... 785

Clarification of requirements for composition of active-duty list

selection boards when reserve officers are under consideration

(sec. 504) .......................................................................................... 785

Authority to issue posthumous commissions in case of members

dying before official recommendation for appointment or promotion is approved by Secretary concerned (sec. 505) ................ 785

Technical corrections relating to retired grade rule for Army

and Air Force officers (sec. 506) .................................................... 786

Grade of chiefs of reserve components and directors of National

Guard components (sec. 507) ......................................................... 786

Revision to rules for entitlement to separation pay for regular

and reserve officers (sec. 508) ........................................................ 786

Subtitle B—Reserve Component Personnel Policy ................................. 787

Exemption from active-duty list for reserve officers on active

duty for a period of three years or less (sec. 521) ........................ 787

Termination of application requirement for consideration of officers for continuation on the reserve active-status list (sec. 522) 787

Authority to retain Air Force reserve officers in all medical specialties until specified age (sec. 523) ............................................. 787

Authority for provision of legal services to reserve component

members following release from active duty (sec. 524) ............... 787

Extension of involuntary civil service retirement date for certain

reserve technicians (sec. 525) ........................................................ 787

Subtitle C—Education and Training ....................................................... 788

Eligibility of children of reserves for presidential appointment

to service academies (sec. 531) ...................................................... 788

Selection of foreign students to receive instruction at service

academies (sec. 532) ....................................................................... 788

Revision of college tuition assistance program for members of

Marine Corps Platoon Leaders Class program (sec. 533) ........... 788

Review of allocation of Junior Reserve Officers Training Corps

units among the services (sec. 534) ............................................... 788

Authority for Naval Postgraduate School to enroll certain defense

industry civilians in specified programs relating to defense

product development (sec. 535) ..................................................... 789

Subtitle D—Decorations, Awards, and Commendations ........................ 789

Limitation on award of Bronze Star to members in receipt of

Imminent Danger Pay (sec. 541) ................................................... 789

Consideration of proposals for posthumous or honorary promotions or appointments of members or former members of

the armed forces and other qualified persons (sec. 542) ............. 789

Page

XI

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions Adopted—Continued

Subtitle D—Decorations, Awards, and Commendations—Continued

Waiver of time limitations for award of certain decorations to

certain persons (sec. 543) ............................................................... 789

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. 544) ............................................................................ 790

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.

545) .................................................................................................. 790

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. 546) . 790

Commendation of citizens of Remy, France, for World War II

actions (sec. 547) ............................................................................. 791

Authority for award of the medal of honor to William H.

Pitsenbarger for valor during the Vietnam War (sec. 548) ......... 791

Subtitle E—Military Justice and Legal Aissitance Matters .................. 791

Recognition by states of military testamentary instruments (sec.

551) .................................................................................................. 791

Policy concerning rights of individuals whose names have been

entered into Department of Defense official criminal investigative reports (sec. 552) ..................................................................... 791

Limitation on secretarial authority to grant clemency for military

prisoners serving sentence of confinement for life without eligibility for parole (sec. 553) .............................................................. 792

Authority for civilian special agents of the military department

criminal investigative organizations to execute warrants and

make arrests (sec. 554) .................................................................. 792

Requirement for verbatim record in certain special court-martial

cases (sec. 555) ................................................................................ 792

Commemoration of the fiftieth anniversary of the Uniform Code

of Military Justice (sec. 556) .......................................................... 793

Subtitle F—Matters Relating to Recruiting ............................................ 793

Army recruiting pilot programs (sec. 561) ....................................... 793

Enhancement of recruitment market research and advertising

programs (sec. 562) ......................................................................... 793

Access to secondary schools for military recruiting purposes (sec.

563) .................................................................................................. 793

Pilot program to enhance military recruiting by improving military awareness of school counselors and educators (sec. 564) .... 794

Subtitle G—Other Matters ....................................................................... 794

Extension to end of calendar year of expiration date for certain

force drawdown transition authorities (sec. 571) ......................... 794

Voluntary separation incentive (sec. 572) ........................................ 794

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.

573) .................................................................................................. 795

Management and per diem requirements for members subject

to lengthy or numerous deployments (sec. 574) ........................... 795

Pay in lieu of allowance for funeral honors duty (sec. 575) ............ 795

Test of ability of reserve component intelligence units and personnel to meet current and emerging defense intelligence

needs (sec. 576) ............................................................................... 796

National Guard Challenge Program (sec. 577) ................................ 796

Study of use of civilian contractor pilots for operational support

missions (sec. 578) .......................................................................... 796

Reimbursement for expenses incurred by members in connection

with cancellation of leave on short notice (sec. 579) .................... 797

Legislative Provisions not Adopted ................................................................. 797

Authority for award of the Medal of Honor ..................................... 797

Collection and use of deoxyribonucleic acid identification information from violent and sexual offenders in the armed forces .. 797

Contingent exemption from limitation on number of Air Force

officers serving on active duty in grades above major general ... 798

Page

XII

TITLE V—MILITARY PERSONNEL POLICY—Continued

Legislative Provisions not Adopted—Continued

Joint Officer Management ................................................................. 798

Military Voting Rights Act of 2000 ................................................... 798

Preparation, participation, and conduct of athletic competitions

and small arms competitions by the National Guard and members of the National Guard ............................................................ 798

Repeal of contingent funding increase for Junior Reserve Officers

Training Corps ................................................................................ 798

Review of actions of selection boards ................................................ 799

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS ............................. 799

Legislative Provisions Adopted ........................................................................ 799

Subtitle A—Pay and Allowances .............................................................. 799

Increase in basic pay for fiscal year 2001 (sec. 601) ....................... 799

Additional restructuring of basic pay rates for enlisted members

(sec. 602) .......................................................................................... 799

Revised method for calculation of basic allowance for subsistence

(sec. 603) .......................................................................................... 800

Family subsistence supplemental allowance for low-income members of the Armed Forces (sec. 604) .............................................. 800

Basic allowance for housing (sec. 605) ............................................. 800

Additional amount available for fiscal year 2001 increase in basic

allowance for housing inside the United States (sec. 606) .......... 801

Equitable treatment of junior enlisted members in computation

of basic allowance for housing (sec. 607) ...................................... 801

Eligibility of members in grade E–4 to receive basic allowance

for housing while on sea duty (sec. 608) ....................................... 801

Personal money allowance for senior enlisted members of the

armed forces (sec. 609) ................................................................... 801

Increased uniform allowances for officers (sec. 610) ....................... 801

Cabinet-level authority to prescribe requirements and allowance

for clothing of enlisted members (sec. 611) .................................. 802

Increase in monthly subsistence allowance for members of

precommissioning programs (sec. 612) ......................................... 802

Subtitle B—Bonuses and Special and Incentive Pays ............................ 802

Extension of certain bonuses and special pay authorities for reserve forces (sec. 621) ..................................................................... 802

Extension of certain bonuses and special pay authorities for

nurse officer candidates, registered nurses, and nurse anesthetists (sec. 622) ............................................................................ 802

Extension of authorities relating to payment of other bonuses

and special pays (sec. 623) ............................................................. 803

Revision of enlistment bonus authority (sec. 624) ........................... 803

Consistency of authorities for special pay for reserve medical

and dental officers (sec. 625) ......................................................... 803

Elimination of required congressional notification before implementation of certain special pay authority (sec. 626) .................. 803

Special pay for physician assistants of the Coast Guard (sec.

627) .................................................................................................. 803

Authorization of special pay and accession bonus for pharmacy

officers (sec. 628) ............................................................................. 804

Correction of references to Air Force veterinarians (sec. 629) ....... 804

Career sea pay (sec. 630) ................................................................... 804

Increased maximum rate of special duty assignment pay (sec.

631) .................................................................................................. 804

Entitlement of members of the National Guard and other reserves not on active duty to receive special duty assignment

pay (sec. 632) ................................................................................... 804

Authorization of retention bonus for members of the armed forces

qualified in a critical military skill (sec. 633) .............................. 805

Entitlement of active duty officers of the Public Health Service

Corps to special pays and bonuses of health professional officers of the armed forces (sec. 634) ................................................ 805

Subtitle C—Travel and Transportation Allowances ............................... 805

Advance payments for temporary lodging of members and dependents (sec. 641) ......................................................................... 805

Additional transportation allowance regarding baggage and

household effects (sec. 642) ............................................................ 805

Page

XIII

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Travel and Transportation Allowances—Continued

Incentive for shipping and storing household goods in less than

average weights (sec. 643) ............................................................. 805

Equitable dislocation allowances for junior enlisted members

(sec. 644) .......................................................................................... 806

Authority to reimburse military recruiters, senior ROTC cadre,

and Military Entrance Processing personnel for certain parking expenses (sec. 645) ................................................................... 806

Expansion of funded student travel for dependents (sec. 646) ....... 806

Subtitle D—Retirement and Survivor Benefit Matters ......................... 806

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

651) .................................................................................................. 806

Increase in maximum number of reserve retirement points that

may be credited in any year (sec. 652) ......................................... 806

Retirement from active reserve service after regular retirement

(sec. 653) .......................................................................................... 807

Same treatment for federal judges as for other federal officials

regarding payment of military retired pay (sec. 654) .................. 807

Reserve Component Survivor Benefit Plan spousal consent requirement (sec. 655) ....................................................................... 807

Sense of Congress on increasing Survivor Benefit Plan annuities

for surviving spouses age 62 or older (sec. 656) ........................... 807

Revision to special compensation authority to repeal exclusion

of uniformed services retirees in receipt of disability retired

pay (sec. 657) ................................................................................... 807

Subtitle E—Other Matters ....................................................................... 808

Participation in Thrift Savings Plan (sec. 661) ............................... 808

Determinations of income eligibility for special supplemental food

program (sec. 662) .......................................................................... 808

Billeting services for reserve members traveling for inactive-duty

training (sec. 663) ........................................................................... 808

Settlement of claims for payments for unused accrued leave and

for retired pay (sec. 664) ................................................................ 808

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

duty (sec. 665) ................................................................................. 809

Authority for extension of deadline for filing claims associated

with capture and interment of certain persons by North Vietnam (sec. 666) ................................................................................. 809

Back pay for members of the Navy and Marine Corps selected

for promotion while interned as prisoners of war during World

War II (sec. 667) ............................................................................. 809

Sense of Congress concerning funding for reserve components

(sec. 668) .......................................................................................... 809

Legislative Provisions Not Adopted ................................................................ 809

Authority to pay gratuity to certain veterans of Bataan and

Corregidor ....................................................................................... 809

Benefits for members not transporting personal motor vehicles

overseas ........................................................................................... 810

Computation of survivor benefits ...................................................... 810

Concurrent payment of retired pay and compensation for retired

members with service-connected disabilities ................................ 810

Concurrent payment to surviving spouses of Disability and Indemnity Compensation and annuities under Survivor Benefit

Plan .................................................................................................. 810

Effective date of disability retirement for members dying in civilian medical facilities ....................................................................... 810

Eligibility of certain members of the Individual Ready Reserve

for Servicemembers’ Group Life Insurance .................................. 811

Equitable application of early retirement eligibility requirements

to military reserve technicians ...................................................... 811

Family coverage under Servicemembers’ Group Life Insurance .... 811

Fees paid by residents of the Armed Forces Retirement Home ..... 811

Recognition of members of the Alaska Territorial Guard as veterans ................................................................................................ 811

Page

XIV

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS—Continued

Legislative Provisions Not Adopted—Continued

Survivor benefit plan annuities for survivors of all members

who die on active duty ................................................................... 812

Travel by reservists on military aircraft to and from locations

outside the continental United States for inactive-duty training .................................................................................................... 812

TITLE VII—HEALTH CARE PROVISIONS ................................................................... 812

Legislative Provisions Adopted ........................................................................ 812

Subtitle A—Health Care Services ............................................................ 812

Provision of domiciliary and custodial care for CHAMPUS beneficiaries and certain former CHAMPUS beneficiaries (sec. 701) 812

Chiropractic health care for members on active duty (sec. 702) .... 812

School-required physical examinations for certain minor dependents (sec. 703) ................................................................................. 813

Two-year extension of dental and medical benefits for surviving

dependents of certain deceased members (sec. 704) .................... 813

Two-year extension of authority for use of contract physicians

at military entrance processing stations and elsewhere outside

medical treatment facilities (sec. 705) .......................................... 813

Medical and dental care for medal of honor recipients (sec. 706) .. 813

Subtitle B—Senior Health Care ............................................................... 814

Implementation of TRICARE senior pharmacy program (sec.

711) .................................................................................................. 814

Conditions for eligibility for CHAMPUS and TRICARE upon the

attainment of age 65; expansion and modification of medicare

subvention project (sec. 712) .......................................................... 814

Accrual funding for health care for Medicare-eligible retirees and

dependents (sec. 713) ..................................................................... 815

Subtitle C—TRICARE Program ............................................................... 815

Improvement of access to health care under the TRICARE program (sec. 721) ................................................................................ 815

Additional beneficiaries under TRICARE prime remote program

in the continental United States (sec. 722) .................................. 816

Modernization of TRICARE business practices and increase of

use of military treatment facilities (sec. 723) ............................... 816

Extension of TRICARE managed care support contracts (sec.

724) .................................................................................................. 816

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

(sec. 725) .......................................................................................... 817

Voluntary termination of enrollment in TRICARE retiree dental

program (sec. 726) .......................................................................... 817

Claims processing improvements (sec. 727) ..................................... 817

Prior authorizations for certain referrals and nonavailability-ofhealth-care statements (sec. 728) .................................................. 817

Subtitle D—Demonstration Projects ........................................................ 818

Demonstration project for expanded access to mental health

counselors (sec. 731) ....................................................................... 818

Teleradiology demonstration project (sec. 732) ................................ 818

Health care management demonstration program (sec. 733) ......... 818

Subtitle E—Joint Initiatives With Department of Veterans Affairs ..... 818

VA–DOD sharing agreements for health services (sec. 741) .......... 818

Processes for patient safety in military and veterans health care

systems (sec. 742) ........................................................................... 819

Cooperation in developing pharmaceutical identification technology (sec. 743) .............................................................................. 819

Subtitle F—Other Matters ....................................................................... 819

Management of anthrax vaccine immunization program (sec.

751) .................................................................................................. 819

Elimination of copayments for immediate family (sec. 752) ........... 819

Medical informatics (sec. 753) ........................................................... 820

Patient care reporting and management system (sec. 754) ............ 820

Augmentation of Army medical department by detailing reserve

officers of the Public Health Service (sec. 755) ............................ 820

Privacy of Department of Defense medical records (sec. 756) ........ 820

Authority to establish special locality-based reimbursement

rates; reports (sec. 757) .................................................................. 821

Page

XV

TITLE VII—HEALTH CARE PROVISIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle F—Other Matters—Continued

Reimbursement for certain travel expenses (sec. 758) .................... 821

Reduction of cap on payments (sec. 759) .......................................... 821

Training in health care management and administration (sec.

760) .................................................................................................. 821

Study on feasibility of sharing biomedical research facility (sec.

761) .................................................................................................. 821

Study on comparability of coverage for physical, speech, and

occupational therapies (sec. 762) ................................................... 822

Legislative Provisions not Adopted ................................................................. 822

Extended coverage under the Federal Employees Health Benefits

Program ........................................................................................... 822

Extension of TRICARE senior supplement program ....................... 822

Service areas of transferees of former uniformed services treatment facilities ................................................................................. 822

Study of accrual financing for health care for military retirees .... 822

Study of accrual financing for health care for retirees of the

uniformed services .......................................................................... 823

Study on health care options for medicare-eligible military retirees .................................................................................................... 823

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS ................................................................................................................ 823

Items of Special Interest .................................................................................. 823

Acquisition programs at the National Security Agency .................. 823

Legislative Provisions Adopted ........................................................................ 824

Subtitle A—Amendments to General Contracting Authorities, Procedures, and Limitations .......................................................................... 824

Department of Defense acquisition pilot programs (sec. 801) ........ 824

Multiyear services contracts (sec. 802) ............................................. 824

Clarification and extension of authority to carry out certain prototype projects (sec. 803) ................................................................ 825

Clarification of authority of Comptroller General to review

records of participants in certain prototype projects (sec. 804) .. 825

Extension of time period of limitation on procurement of ball

bearings and roller bearings (sec. 805) ......................................... 826

Reporting requirements relating to multiyear contracts (sec.

806) .................................................................................................. 826

Eligibility of small business concerns owned and controlled by

women for assistance under the mentor-protege program (sec.

807) .................................................................................................. 826

Qualifications required for employment and assignment in contracting positions (sec. 808) ........................................................... 826

Revision of authority for solutions-based contracting pilot program (sec. 809) ................................................................................ 827

Procurement notice of contracting opportunities through electronic means (sec. 810) ................................................................... 827

Subtitle B—Information Technology ....................................................... 827

Acquisition and management of information technology (sec.

811) .................................................................................................. 827

Tracking and management of information technology purchases

(sec. 812) .......................................................................................... 827

Appropriate use of requirements regarding experience and education of contractor personnel in the procurement of information technology services (sec. 813) ................................................. 828

Navy-Marine Corps Intranet (sec. 814) ............................................ 828

Sense of Congress regarding information technology systems for

guard and reserve components (sec. 815) ..................................... 829

Subtitle C—Other Acquisition-Related Matters ..................................... 829

Improvements in procurements of services (sec. 821) ..................... 829

Financial analysis of use of dual rate for quantifying overhead

costs at army ammunition plants (sec. 822) ................................. 830

Repeal of prohibition on use of Department of Defense funds

for the procurement of nuclear-capable shipyard crane from

a foreign source (sec. 823) .............................................................. 830

Extension of waiver period for live-fire survivability testing for

MH–47E and MH–60K helicopter modifications programs (sec.

824) .................................................................................................. 830

Page

XVI

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED

MATTERS—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Other Acquisition-Related Matters—Continued

Compliance with existing law regarding purchases of equipment

and products (sec. 825) ................................................................... 830

Requirement to disregard certain agreements in awarding contracts for the purchase of firearms or ammunition (sec. 826) .... 831

Subtitle D—Studies and Reports ............................................................. 831

Study on impact of foreign sourcing of systems on long-term

military readiness and related industrial infrastructure (sec.

831) .................................................................................................. 831

Study of policies and procedures for transfer of commercial activities (sec. 832) ............................................................................. 831

Study and report on practice of contract bundling in military

construction contracts (sec. 833) ................................................... 831

Requirement to conduct study on contract bundling (sec. 834) ...... 831

Legislative Provisions not Adopted ................................................................. 832

Management of acquisition of mission-essential software for

major defense acquisition programs ............................................. 832

Repeal of requirement for contractor assurances regarding the

completeness, accuracy, and contractual sufficiency of technical

data provided by contractor ........................................................... 832

Revision of the organization and authority of the cost accounting

standards board .............................................................................. 832

Technical data rights for items developed exclusively at private

expense ............................................................................................ 832

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT ........... 833

Legislative Provisions Adopted ........................................................................ 833

Subtitle A—Duties and Functions of Department of Defense Officers . 833

Overall supervision of Department of Defense activities for combating terrorism (sec. 901) ............................................................. 833

Change of title of certain positions in the Headquarters, Marine

Corps (sec. 902) ............................................................................... 834

Clarification of scope of Inspector General authorities under military whistleblower law (sec. 903) .................................................. 834

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. 904) .......................................................................................... 834

Additional components of Chairman of the Joint Chiefs of Staff

annual report on combatant command requirements (sec. 905) . 835

Subtitle B—Department of Defense Organization ................................. 835

Western Hemisphere Institute for Security Cooperation (sec.

911) .................................................................................................. 835

Department of Defense regional centers for security studies (sec.

912) .................................................................................................. 836

Change in name of Armed Forces Staff College to Joint Forces

Staff College (sec. 913) ................................................................... 836

Special authority for administration of Navy Fisher Houses (sec.

914) .................................................................................................. 836

Supervisory control of Armed Forces Retirement Home Board

by Secretary of Defense (sec. 915) ................................................. 837

Semiannual report on the Joint Requirements Oversight Council

reform initiative (sec. 916) ............................................................. 837

Comptroller General review of operations of Defense Logistics

Agency (sec. 917) ............................................................................ 837

Comptroller General review of operations of Defense Information

Systems Agency (sec. 918) ............................................................. 837

Subtitle C—Information Security ............................................................ 838

Institute for Defense Computer Security and Information Protection (sec. 921) .................................................................................. 838

Information security scholarship program (sec. 922) ...................... 838

Subtitle D—Reports .................................................................................. 838

Date of submittal of reports on shortfalls in equipment procurement and military construction for reserve components in future-years defense programs (sec. 931) ......................................... 838

Report on number of personnel assigned to legislative liaison

functions (sec. 932) ......................................................................... 838

Page

XVII

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT—Continued

Legislative Provisions Adopted—Continued

Subtitle D—Reports—Continued

Joint report on establishment of national collaborative information analysis capability (sec. 933) ................................................. 839

Network centric warfare (sec. 934) ................................................... 839

Report on Air Force Institute of Technology (sec. 935) ................... 839

Subtitle E—Other Matters ....................................................................... 840

Flexibility in implementation of limitation on major Department

of Defense headquarters activities personnel (sec. 941) .............. 840

Consolidation of certain Navy gift funds (sec. 942) ......................... 840

Temporary authority to dispose of a gift previously accepted

for the Naval Academy (sec. 943) .................................................. 840

Legislative Provisions not Adopted ................................................................. 840

Defense acquisition workforce ........................................................... 840

National Defense Panel 2001 ............................................................ 841

Quadrennial National Defense Panel ............................................... 841

TITLE X—GENERAL PROVISIONS .............................................................................. 841

Legislative Provisions Adopted ........................................................................ 841

Subtitle A—Financial Matters ................................................................. 841

Transfer authority (sec. 1001) ........................................................... 841

Incorporation of classified annex (sec. 1002) ................................... 841

Authorization of emergency supplemental appropriations for fiscal year 2000 (sec. 1003) ................................................................ 841

United States contribution to NATO common-funded budgets in

fiscal year 2001 (sec. 1004) ............................................................ 842

Limitation on funds for Bosnia and Kosovo peacekeeping operations for fiscal year (sec. 1005) .................................................... 842

Requirement for prompt payment of contract vouchers (sec.

1006) ................................................................................................ 842

Plan for the prompt recording of obligations of funds for contractual transactions (sec. 1007) .......................................................... 843

Electronic submission and processing of claims for contract payments (sec. 1008) ............................................................................ 843

Administrative offsets for overpayment of transportation costs

(sec. 1009) ........................................................................................ 843

Interest penalties for late payments of interim payments due

under Government service contracts (sec. 1010) .......................... 843

Subtitle B—Naval Vessels and Shipyards .............................................. 844

Revisions to national defense features program (sec. 1011) ........... 844

Sense of Congress on the naming of the CVN–77 aircraft carrier

(sec. 1012) ........................................................................................ 844

Authority to transfer naval vessels to certain foreign countries

(sec. 1013) ........................................................................................ 844

Authority to consent to retransfer of alternative former naval

vessel by Government of Greece (sec. 1014) ................................. 844

Subtitle C—Counter-Drug Activities ....................................................... 845

Extension of authority to provide additional support for counterdrug activities of Colombia (sec. 1021) ......................................... 846

Report on Department of Defense expenditures to support foreign

counter-drug activities (sec. 1022) ................................................. 846

Recommendations on expansion of support for counter-drug activities (sec. 1023) ........................................................................... 846

Review of riverine counter-drug program (sec. 1024) ..................... 847

Report on tethered aerostat radar system (sec. 1025) .................... 847

Sense of Congress regarding use of the armed forces for counterdrug and counter-terrorism activities (sec. 1026) ........................ 847

Subtitle D—Counterterrorism and Domestic Preparedness .................. 848

Preparedness of military installation first responders for incidents involving weapons of mass destruction (sec. 1031) ........... 848

Additional weapons of mass destruction civil support teams (sec.

1032) ................................................................................................ 848

Authority to provide loan guarantees to improve domestic preparedness to combat cyberterrorism (sec. 1033) .......................... 849

Report on the status of domestic preparedness against the threat

of biological terrorism (sec. 1034) .................................................. 849

Report on strategy, policies, and programs to combat domestic

terrorism (sec. 1035) ....................................................................... 849

Page

XVIII

TITLE X—GENERAL PROVISIONS—Continued

Legislative Provisions Adopted—Continued

Subtitle E—Strategic Forces .................................................................... 850

Revised nuclear posture review (sec. 1041) ..................................... 850

Plan for the long-term sustainment and modernization of United

States strategic nuclear forces (sec. 1042) .................................... 850

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

(sec. 1043) ........................................................................................ 850

Report on the defeat of hardened and deeply buried targets (sec.

1044) ................................................................................................ 851

Sense of Congress on the maintenance of the Strategic Nuclear

Triad (sec. 1045) ............................................................................. 851

Subtitle F—Miscellaneous Reporting Requirements .............................. 851

Management review of working-capital fund activities (sec.

1051) ................................................................................................ 851

Report on submarine rescue support vessels (sec. 1052) ................ 851

Report on Federal Government progress in developing information assurance strategies (sec. 1053) ............................................ 852

Department of Defense process for decisionmaking in cases of

false claims (sec. 1054) ................................................................... 852

Subtitle G—Government Information Security Reform ......................... 852

Government information security reform (secs. 1061–1065) .......... 852

Subtitle H—Security Matters ................................................................... 853

Limitation on granting of security clearances (sec. 1071) .............. 853

Process for prioritizing background investigations for security

clearances for Department of Defense personnel and defense

contractor personnel (sec. 1072) .................................................... 853

Authority to withhold certain sensitive information from public

disclosure (sec. 1073) ...................................................................... 853

Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure (sec. 1074) .............. 854

Expenditures for declassification activities (sec. 1075) ................... 854

Enhanced access to criminal history record information for national security and other purposes (sec. 1076) ............................. 854

Two-year extension of authority to engage in commercial activities as security for intelligence collection activities (sec. 1077) .. 854

Coordination of nuclear weapons secrecy policies and consideration of health of workers at former Department of Defense

nuclear facilities (sec. 1078) ........................................................... 855

Subtitle I—Other Matters ........................................................................ 855

Funds for administrative expenses under Defense Export Loan

Guarantee program (sec. 1081) ..................................................... 855

Transit pass program Department of Defense personnel in poor

air quality areas (sec. 1082) ........................................................... 855

Transfer of Vietnam-era TA–4 aircraft to a non-profit foundation

(sec. 1083) ........................................................................................ 856

Transfer of 19th century cannon to museum (sec. 1084) ................ 856

Fees for providing historical information to the public (sec. 1085) 856

Grants to American Red Cross for Armed Forces emergency services (sec. 1086) ................................................................................ 856

Technical and clerical amendments (sec. 1087) ............................... 857

Maximum size of parcel post packages transported overseas for

Armed Forces post offices (sec. 1088) ............................................ 857

Sense of Congress regarding tax treatment of members receiving

special pay for duty subject to hostile fire or imminent danger

(sec. 1089) ........................................................................................ 857

Organization and management of the civil air patrol (sec. 1090) .. 857

Additional duties for the Commission to Assess United States

National Security Space Management and Organization (sec.

1091) ................................................................................................ 858

Commission on the future of the United States aerospace industry (sec. 1092) .................................................................................. 858

Drug addiction treatment (sec. 1093) ............................................... 858

Legislative Provisions not Adopted ................................................................. 858

Annual OMB/CBO joint report on scoring budget outlays ............. 858

Authority to provide headstones or markers for marked graves

or otherwise commemorate certain individuals ........................... 858

Page

XIX

TITLE X—GENERAL PROVISIONS—Continued

Legislative Provisions not Adopted—Continued

Breast cancer stamp extension ......................................................... 859

Comprehensive study and support for criminal investigations and

prosecutions by state and local law enforcement officials ........... 859

Local Law Enforcement Enhancement Act of 2000 ......................... 859

Plan to ensure compliance with financial management requirements ............................................................................................... 859

Protection of operational files of the Defense Intelligence Agency 859

Repeal of certain provisions shifting outlays from one fiscal year

to another ........................................................................................ 860

Report to the Congress regarding extent and severity of child

poverty ............................................................................................. 860

Sense of the Senate concerning long-term economic development

aid for communities rebuilding from hurricane Floyd ................ 860

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL ................................ 860

Legislative Provisions Adopted ........................................................................ 860

Subtitle A—Civilian Personnel Management Generally ........................ 860

Employment and compensation of employees for temporary organizations established by law or executive order (sec. 1101) ........ 860

Assistive technology accommodations program (sec. 1102) ............ 861

Extension of authority for voluntary separations in reductions

in force (sec. 1103) .......................................................................... 861

Electronic maintenance of performance appraisal systems (sec.

1104) ................................................................................................ 861

Study on civilian personnel services (sec. 1105) .............................. 861

Subtitle B—Demonstration and Pilot Programs ..................................... 862

Pilot program for reengineering the equal employment opportunity complaint process (sec. 1111) ............................................. 862

Work safety demonstration program (sec. 1112) ............................. 862

Extension, expansion, and revision of authority for experimental

personnel program for scientific and technical personnel (sec.

1113) ................................................................................................ 862

Clarification of personnel management authority under personnel demonstration project (sec. 1114) ...................................... 862

Subtitle C—Educational Assistance ........................................................ 863

Restructuring the restriction on degree training (sec. 1121) .......... 863

Student loan repayment programs (sec. 1122) ................................ 863

Extension of authority for tuition reimbursement and training

for civilian employees in the defense acquisition workforce (sec.

1123) ................................................................................................ 863

Subtitle D—Other Benefits ...................................................................... 864

Additional special pay for foreign language proficiency beneficial

for United States national security interests (sec. 1131) ............ 864 Approval authority for cash awards in excess of $10,000 (sec.

1132) ................................................................................................ 864

Leave for crews of certain vessels (sec. 1133) .................................. 864

Life insurance for emergency essential Department of Defense

employees (sec. 1134) ..................................................................... 864

Subtitle E—Intelligence Civilian Personnel ............................................ 864

Expansion of defense civilian intelligence personnel system positions (sec. 1141) .............................................................................. 864

Increase in number of positions authorized for the Defense Intelligence Senior Executive Service (sec. 1142) ................................ 865

Subtitle F—Voluntary Separation Incentive Pay and Early Retirement Authority ...................................................................................... 865

Voluntary separation incentive pay and early retirement authority (secs. 1151–1153) ...................................................................... 865

Legislative Provisions not Adopted ................................................................. 865

Department of Defense employee voluntary early retirement authority .............................................................................................. 865

Extension of authority for voluntary separations in reductions

in force ............................................................................................. 866

Extension, revision, and expansion of authorities for use of voluntary separation incentive pay and voluntary early retirement ................................................................................................. 866

Strategic plan ..................................................................................... 866

TITLE XII—MATTERS RELATING TO OTHER NATIONS ............................................ 866

Page

XX

TITLE XII—MATTERS RELATING TO OTHER NATIONS—Continued

Legislative Provisions Adopted ........................................................................ 866

Subtitle A—Matters Related to Arms Control ........................................ 866

Support of United Nations-sponsored efforts to inspect and monitor Iraqi weapons activities (sec. 1201) ....................................... 866

Support of consultations on Arab and Israeli arms control and

regional security issues (sec. 1202) ............................................... 866

Furnishing of nuclear test monitoring equipment to foreign governments (sec. 1203) ....................................................................... 867

Additional matters for annual report on transfers of militarily

sensitive technology to countries and entities of concern (sec.

1204) ................................................................................................ 867

Subtitle B—Matters Relating to the Balkans ......................................... 867

Annual report assessing effect of continued operations in the

Balkans region on readiness to execute the national military

strategy (sec. 1211) ......................................................................... 867

Situation in the Balkans (sec. 1212) ................................................. 868

Semiannual report on Kosovo peacekeeping (sec. 1213) ................. 868

Subtitle C—North Atlantic Treaty Organization and United States

Forces in Europe .................................................................................... 869

NATO fair burdensharing (sec. 1221) .............................................. 869

Repeal of restriction preventing cooperative airlift support

through acquisition and cross-servicing agreements (sec. 1222) 870

GAO study on the benefits and costs of the United States military engagement in Europe (sec. 1223) ........................................ 870

Subtitle D—Other Matters ....................................................................... 870

Joint data exchange center with Russian Federation on early

warning systems and notification of ballistic missile launches

(sec. 1231) ........................................................................................ 870

Report on sharing and exchange of ballistic missile launch early

warning data (sec. 1232) ................................................................ 871

Annual report of Communist Chinese military companies operating in the United States (sec. 1233) .......................................... 871

Adjustment of composite theoretical performance levels of high

performance computers (sec. 1234) ............................................... 871

Increased authority to provide healthcare services as humanitarian and civic assistance (sec. 1235) .......................................... 872

Sense of Congress regarding the use of children as soldiers (sec.

1236) ................................................................................................ 872

Sense of Congress regarding undersea rescue and recovery (sec.

1237) ................................................................................................ 873

United States-China Security Review Commission (sec. 1238) ...... 873

Legislative Provisions not Adopted ................................................................. 873

Limitation on number of military personnel in Colombia .............. 873

Prohibition on assumption by United States Government of liability for nuclear accidents in North Korea ................................ 874

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION ....................................................................................................... 874

Legislative Provisions Adopted ........................................................................ 874

Specification of cooperative threat reduction programs and funds

(sec. 1301) ........................................................................................ 874

Funding allocations (sec. 1302) ......................................................... 874

Prohibition on use of funds for elimination of conventional weapons (sec. 1303) ................................................................................. 875

Limitations on use of funds for fissile material storage facility

(sec. 1304) ........................................................................................ 875

Limitation on use of funds to support warhead dismantlement

processing (sec. 1305) ..................................................................... 875

Agreement on nuclear weapons storage sites (sec. 1306) ............... 875

Limitation on use of funds for construction of fossil fuel energy

plants; report (sec. 1307) ................................................................ 876

Reports on activities and assistance under cooperative threat

reduction programs (sec. 1308) ...................................................... 876

Russian chemical weapons elimination (sec. 1309) ......................... 877

Limitation on use of funds for elimination of weapons grade

plutonium program (sec. 1310) ...................................................... 878

Report on audits of Cooperative Threat Reduction programs (sec.

1311) ................................................................................................ 878

Page

XXI

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER

SOVIET UNION—Continued

Legislative Provisions Not Adopted ................................................................ 878

Limitation on use of funds for prevention of biological weapons

proliferation in Russia .................................................................... 878

TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES

FROM ELECTROMAGNETIC PULSE (EMP) ATTACK ............................................... 879

Legislative Provisions Adopted ........................................................................ 879

Commission to assess the threat to the United States from electromagnetic pulse (EMP) attack (secs. 1401–1409) ..................... 879

TITLE XV—NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO ........... 879

Legislative Provisions Adopted ........................................................................ 879

Navy activities on the island of Vieques, Puerto Rico (secs. 1501–

1508) ................................................................................................ 879

TITLE XVI—VETERANS EDUCATION BENEFITS ....................................................... 881

Legislative Provisions Adopted ........................................................................ 881

Additional opportunity for certain VEAP participants to enroll

in basic educational assistance under Montgomery G.I. Bill

(sec. 1601) ........................................................................................ 881

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

education (sec. 1602) ...................................................................... 882

Clarification of Department of Veterans Affairs duty to assist

(sec. 1611) ........................................................................................ 882

Legislative Provisions not Adopted ................................................................. 882

Modification of time for use by certain members of the Selected

Reserve of entitlement to educational assistance ........................ 882

Modification of time for use by certain members of Selected

Reserve of entitlement to certain educational assistance ........... 882

Short title ............................................................................................ 882

Transfer of entitlement to educational assistance by certain

members of the armed forces ......................................................... 882

TITLE XVII—ASSISTANCE TO FIREFIGHTERS ........................................................... 883

Legislative Provisions Adopted ........................................................................ 883

Assistance to Firefighters (secs. 1701–1707) ................................... 883

Title XVIII—Impact Aid .................................................................... 885

Legislative Provisions Adopted ........................................................................ 885

Impact Aid Reauthorization Act of 2000 (secs. 1801–1818) ........... 885

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS ................... 885

Overview ............................................................................................. 885

TITLE XXI—ARMY .................................................................................................... 905

Overview ............................................................................................. 905

Legislative Provisions Adopted ........................................................................ 905

Authorized Army construction and land acquisition projects (sec.

2101) ................................................................................................ 905

Family housing (sec. 2102) ................................................................ 905

Improvements to military family housing units (sec. 2103) ........... 906

Authorization of appropriations, Army (sec. 2104) .......................... 906

Modification of authority to carry out certain fiscal year 2000

projects (sec. 2105) .......................................................................... 906

Modification of authority to carry out certain fiscal year 1999

projects (sec. 2106) .......................................................................... 906

Modification of authority to carry out fiscal year 1998 project

(sec. 2107) ........................................................................................ 907

Authority to accept funds for realignment of certain military

construction project, Fort Campbell, Kentucky (sec. 2108) ......... 907

TITLE XXII—NAVY ................................................................................................... 907

Overview ............................................................................................. 907

Items of Special Interest .................................................................................. 908

Improvements to military family housing, Navy ............................. 908

Legislative Provisions Adopted ........................................................................ 908

Authorized Navy construction and land acquisition projects (sec.

2201) ................................................................................................ 908

Family housing (sec. 2202) ................................................................ 908

Improvements to military family housing units (sec. 2203) ........... 908

Authorization of appropriations, Navy (sec. 2204) .......................... 908

Modification of authority to carry out fiscal year 1997 project

at Marine Corps Combat Development Command, Quantico,

Virginia (sec. 2205) ......................................................................... 909

Page

XXII

TITLE XXIII—AIR FORCE ......................................................................................... 909

Overview ............................................................................................. 909

Legislative Provisions Adopted ........................................................................ 909

Authorized Air Force construction and land acquisition projects

(sec. 2301) ........................................................................................ 909

Family housing (sec. 2302) ................................................................ 909

Improvements to military family housing units (sec. 2303) ........... 910

Authorization of appropriations, Air Force (sec. 2304) ................... 910

TITLE XXIV—DEFENSE AGENCIES .......................................................................... 910

Overview ............................................................................................. 910

Items of Special Interest .................................................................................. 910

Military construction projects, Manta Air Base, Ecuador .............. 910

Legislative Provisions Adopted ........................................................................ 911

Authorized Defense Agencies construction and land acquisition

projects (sec. 2401) .......................................................................... 911

Energy conservation projects (sec. 2402) .......................................... 911

Authorization of appropriations, Defense Agencies (sec. 2403) ...... 911

Modification of authority to carry out certain fiscal year 1990

project (sec. 2404) ........................................................................... 911

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM ............................................................................................................... 912

Overview ............................................................................................. 912

Legislative Provisions Adopted ........................................................................ 912

Authorized NATO construction and land acquisition projects (sec.

2501) ................................................................................................ 912

Authorization of appropriations, NATO (sec. 2502) ........................ 912

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES ....................................... 912

Overview ............................................................................................. 912

Items of Special Interest .................................................................................. 913

Support for Weapons of Mass Destruction Civil Support Teams ... 913

Legislative Provisions Adopted ........................................................................ 913

Authorized Guard and Reserve construction and land acquisition

projects (sec. 2601) .......................................................................... 913

Authority to contribute to construction of airport tower, Cheyenne Airport, Cheyenne, Wyoming (sec. 2602) ............................. 913

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS ........................ 913

Legislative Provisions Adopted ........................................................................ 913

Expiration of authorizations and amounts required to be specified by law (sec. 2701) .................................................................... 913

Extension of authorizations of certain fiscal year 1998 projects

(sec. 2702) ........................................................................................ 914

Extension of authorizations of certain fiscal year 1997 projects

(sec. 2703) ........................................................................................ 914

Effective date (sec. 2704) ................................................................... 914

TITLE XXVIII—GENERAL PROVISIONS .................................................................... 914

Subtitle A—Military Construction Program and Military Family

Housing Changes ................................................................................... 914

Joint use military construction projects (sec. 2801) ........................ 914

Exclusion of certain costs from determination of applicability

of limitation on use of funds for improvement of family housing

(sec. 2802) ........................................................................................ 915

Revision of space limitations for military family housing (sec.

2803) ................................................................................................ 915

Modification of lease authority for high-cost military family housing (sec. 2804) ................................................................................. 915

Provision of utilities and services under alternative authority

for acquisition and improvement of military housing (sec.

2805) ................................................................................................ 916

Extension of alternative authority for acquisition and improvement of military housing (sec. 2806) ............................................. 916

Expansion of definition of armory to include readiness centers

(sec. 2807) ........................................................................................ 916

Subtitle B—Real Property and Facilities Administration ..................... 917

Increase in threshold for notice and wait requirements for real

property transactions (sec. 2811) .................................................. 917

Enhancement of authority of military departments to lease nonexcess property (sec. 2812) ............................................................. 917

Conveyance authority regarding utility systems of military departments (sec. 2813) ..................................................................... 917

Page

XXIII

TITLE XXVIII—GENERAL PROVISIONS—Continued

Subtitle B—Real Property and Facilities Administration—Continued

Permanent conveyance authority to improve property management (sec. 2814) .............................................................................. 918

Subtitle C—Defense Base Closure and Realignment ............................. 918

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

(sec. 2821) ........................................................................................ 918

Subtitle D—Land Conveyances ................................................................ 919

Part I—Army Conveyances ...................................................................... 919

Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831) . 919

Land conveyance, Army Reserve Center, Galesburg, Illinois (sec.

2832) ................................................................................................ 919

Land conveyance, Charles Melvin Price Support Center, Illinois

(sec. 2833) ........................................................................................ 919

Land conveyance, Fort Riley, Kansas (sec. 2834) ............................ 919

Land conveyance, Fort Polk, Louisiana (sec. 2835) ......................... 920

Land conveyance, Army Reserve Center, Winona, Minnesota (sec.

2836) ................................................................................................ 920

Land conveyance, Fort Dix, New Jersey (sec. 2837) ....................... 920

Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec.

2838) ................................................................................................ 920

Land exchange, Army Reserve Local Training Center, Chattanooga, Tennessee (sec. 2839) ...................................................... 920

Land exchange, Fort Hood, Texas (sec. 2840) .................................. 921

Land conveyance, Fort Pickett, Virginia (sec. 2841) ....................... 921

Land conveyance, Fort Lawton, Washington (sec. 2842) ................ 921

Land conveyance, Vancouver Barracks, Washington (sec. 2843) ... 921

Part II—Navy Conveyances ...................................................................... 922

Modification of land conveyance, Marine Corps Air Station, El

Toro, California (sec. 2846) ............................................................ 922

Modification of authority for Oxnard Harbor District, Port Hueneme, California, to use certain Navy property (sec. 2847) ........ 922

Transfer of jurisdiction, Marine Corps Air Station, Miramar,

California (sec. 2848) ...................................................................... 922

Land exchange, Marine Corps Recruit Depot, San Diego, California (sec. 2849) ............................................................................. 922

Lease of property, Naval Air Station, Pensacola, Florida (sec.

2850) ................................................................................................ 923

Land conveyance, Naval Reserve Center, Tampa, Florida (sec.

2851) ................................................................................................ 923

Modification of land conveyance, Defense Fuel Supply Point,

Casco Bay, Maine (sec. 2852) ........................................................ 923

Land conveyance, Naval Computer and Telecommunications Station, Cutler, Maine (sec. 2853) ...................................................... 923

Modification of land conveyance authority, former Naval Training Center, Bainbridge, Cecil County, Maryland (sec. 2854) ...... 924

Land conveyance, Marine Corps Base, Camp Lejeune, North

Carolina (sec. 2855) ........................................................................ 924

Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec.

2856) ................................................................................................ 924

Land conveyance, Naval Station, Bremerton, Washington (sec.

2857) ................................................................................................ 924

Part III—Air Force Conveyances ............................................................. 925

Land conveyance, Los Angeles Air Force Base, California (sec.

2861) ................................................................................................ 925

Land conveyance, Point Arena Air Force Station, California (sec.

2862) ................................................................................................ 925

Land conveyance, Lowry Air Force Base, Colorado (sec. 2863) ...... 925

Land conveyance, Wright Patterson Air Force Base, Ohio (sec.

2864) ................................................................................................ 926

Modification of land conveyance, Ellsworth Air Force Base, South

Dakota (sec. 2865) .......................................................................... 926

Land conveyance, Mukilteo Tank Farm, Everett, Washington

(sec. 2866) ........................................................................................ 926

Part IV—Other Conveyances ................................................................... 926

Land conveyance, Army and Air Force Exchange Service property, Farmers Branch, Texas (sec. 2871) ...................................... 926

Page

XXIV

TITLE XXVIII—GENERAL PROVISIONS—Continued

Part IV—Other Conveyances—Continued

Land conveyance, former National Ground Intelligence Center,

Charlottesville, Virginia (sec. 2872) .............................................. 927

Subtitle E—Other Matters ....................................................................... 927

Relation of easement authority to leased parkland, Marine Corps

Base, Camp Pendleton, California (sec. 2881) ............................. 927

Extension of demonstration project for purchase of fire, security,

police, public works, and utility services from local government

agencies (sec. 2882) ........................................................................ 927

Acceptance and use of gifts for construction of third building

at United States Air Force Museum, Wright-Patterson Air

Force Base, Ohio (sec. 2883) .......................................................... 928

Development of Marine Corps Heritage Center at Marine Corps

Base, Quantico, Virginia (sec. 2884) ............................................. 928

Activities relating to the greenbelt at Fallon Naval Air Station,

Nevada (sec. 2885) .......................................................................... 928

Establishment of World War II Memorial on Guam (sec. 2886) .... 929

Naming of Army Missile Testing Range at Kwajalein Atoll as

the Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll (sec. 2887) ..................................................................... 929

Designation of Building at Fort Belvoir, Virginia, in honor of

Andrew T. McNamara (sec. 2888) ................................................. 929

Designation of Balboa Naval Hospital, San Diego, California,

in honor of Bob Wilson, a former member of the House of

Representatives (sec. 2889) ............................................................ 929

Sense of Congress regarding importance of expansion of National

Training Center, Fort Irwin, California (sec. 2890) ..................... 929

Sense of Congress regarding land transfers at Melrose Range,

New Mexico, and Yakima Training Center, Washington (sec.

2891) ................................................................................................ 930

Legislative Provisions not Adopted ................................................................. 930

Applicability of competition policy to alternative authority for

acquisition and improvement of military family housing ........... 930

Land conveyance, Colonel Harold E. Steele Army Reserve Center

and Maintenance Shop, Pittsburgh, Pennsylvania ...................... 930

Land conveyance, Lieutenant General Malcolm Hay Army Reserve Center, Pittsburgh, Pennsylvania ....................................... 931

Lease of property, Marine Corps Air Station, Miramar, California ............................................................................................... 931

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS ...................................... 931

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS ............ 931

Overview ............................................................................................. 931

Items of Special Interest .................................................................................. 946

Report on authorities and limitations in general recurring provisions ................................................................................................. 946

Legislative Provisions Adopted ........................................................................ 946

Subtitle A—National Security Programs Authorizations ...................... 946

National Nuclear Security Administration (sec. 3101) ................... 946

Defense environmental restoration and waste management (sec.

3102) ................................................................................................ 951

Other defense activities (sec. 3103) .................................................. 953

Defense environmental management privatization (sec. 3104) ...... 955

Defense nuclear waste disposal (sec. 3105) ...................................... 956

Subtitle B—Recurring General Provisions .............................................. 956

Reprogramming (sec. 3121) ............................................................... 956

Limits on general plant projects (sec. 3122) .................................... 956

Limits on construction projects (sec. 3123) ...................................... 956

Fund transfer authority (sec. 3124) .................................................. 957

Authority for conceptual and construction design (sec. 3125) ........ 957

Authority for emergency planning, design, and construction activities (sec. 3126) ........................................................................... 957

Funds available for all national security programs of the Department of Energy (sec. 3127) ............................................................ 957

Availability of funds (sec. 3128) ........................................................ 958

Transfers of defense environmental management funds (sec.

3129) ................................................................................................ 958

Page

XXV

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS—Continued

Legislative Provisions Adopted—Continued

Subtitle C—Program Authorizations, Restrictions, and Limitations .... 958

Funding for termination costs of River Protection Project, Richland, Washington (sec. 3131) ......................................................... 958

Enhanced cooperation between National Nuclear Security Administration and Ballistic Missile Defense Organization (sec.

3132) ................................................................................................ 959

Reprogramming of funds available for infrastructure upgrades

or maintenance in certain accounts of the National Nuclear

Security Administration (sec. 3133) .............................................. 959

Adjustment of composite theoretical performance levels for postshipment verification reports on advanced supercomputers

sales to certain foreign nations (sec. 3134) ................................... 959

Modification of counterintelligence polygraph program (sec.

3135) ................................................................................................ 959

Employee incentives for employees at closure project facilities

(sec. 3136) ........................................................................................ 960

Continuation of processing, treatment, and disposition of legacy

nuclear materials (sec. 3137) ......................................................... 960

Limitation on use of certain funds pending certifications of compliance with Formerly Utilized Sites Remedial Action Program

funding prohibition (sec. 3138) ...................................................... 961

Conceptual design for Subsurface Geosciences Laboratory at

Idaho National Engineering and Environmental Laboratory,

Idaho Falls, Idaho (sec. 3139) ........................................................ 961

Report on National Ignition Facility, Lawrence Livermore National Laboratory, Livermore, California (sec. 3140) ................... 962

River Protection Project, Richland, Washington (sec. 3141) ........... 962

Report on tank waste remediation system, Hanford Reservation,

Richland, Washington (sec. 3142) ................................................. 963

Subtitle D—Matters Relating to Management of National Nuclear

Security Administration ........................................................................ 963

Term of office of person first appointed as Under Secretary for

Nuclear Security of the Department of Energy (sec. 3151) ......... 963

Membership of Under Secretary for Nuclear Security on the

Joint Nuclear Weapons Council (sec. 3152) ................................. 963

Organization plan for field offices of the National Nuclear Security Administration (sec. 3153) ...................................................... 963

Required contents of future-years nuclear security program (sec.

3154) ................................................................................................ 964

Future-years nuclear security program for fiscal year 2001 (sec.

3155) ................................................................................................ 964

Engineering and manufacturing research, development, and

demonstration by plant managers of certain nuclear weapons

production plants (sec. 3156) ......................................................... 965

Prohibition on individuals engaging in concurrent service or duties within National Nuclear Security Administration and outside that Administration but within Department of Energy

(sec. 3157) ........................................................................................ 965

Annual plan for obligation of funds of the National Nuclear

Security Administration (sec. 3158) .............................................. 966

Authority to reorganize National Nuclear Security Administration (sec. 3159) ................................................................................ 966

Subtitle E—National Laboratories Partnership Improvement .............. 966

Technology Infrastructure Pilot Program (sec. 3161) ..................... 966

Report on small business participation in National Nuclear Security Administration activities (sec. 3162) ..................................... 967

Study and report related to improving mission effectiveness,

partnerships, and technology transfer at national security laboratories and nuclear weapons production facilities (sec. 3163) . 967

Report on effectiveness of National Nuclear Security Administration technology development partnerships with non-Federal entities (sec. 3164) .............................................................................. 968

Definitions (sec. 3165) ........................................................................ 969

Subtitle F—Matters Relating to Defense Nuclear Nonproliferation ..... 969

Matters Relating to Defense Nuclear Nonproliferation (secs.

3171–3175) ...................................................................................... 969

Page

XXVI

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS—Continued

Legislative Provisions Adopted—Continued

Subtitle G—Other Matters ....................................................................... 970

Extension of authority for appointment of certain scientific, engineering, and technical personnel (sec. 3191) ................................ 970

Biennial report containing update on nuclear test readiness postures (sec. 3192) .............................................................................. 971

Frequency of reports on inadvertent releases of restricted data

and formerly restricted data (sec. 3193) ....................................... 971

Form of certifications regarding the safety or reliability of the

nuclear weapons stockpile (sec. 3194) ........................................... 971

Authority to provide certificate of commendation to Department

of Energy and contractor employees for exemplary service in

stockpile stewardship and security (sec. 3195) ............................ 971

Cooperative research and development agreements for government-owned, contractor-operated laboratories (sec. 3196) .......... 972

Office of Arctic Energy (sec. 3197) .................................................... 972

Legislative Provisions not Adopted ................................................................. 972

Conformance with National Nuclear Security Administration organizational structure .................................................................... 972

Construction of National Nuclear Security Administration Operations Office Complex ..................................................................... 973

Energy employees compensation initiative ...................................... 973

Environmental management closure projects .................................. 973

Other transactions ............................................................................. 973

Sense of the 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 ......................................................................... 974

Short title ............................................................................................ 974

Technology partnerships ombudsman .............................................. 974

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD ............................. 974

Legislative Provisions Adopted ........................................................................ 974

Defense Nuclear Facilities Safety Board (sec. 3201) ....................... 974

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE .................................................... 975

Legislative Provisions Adopted ........................................................................ 975

Authorized uses of stockpile funds (sec. 3301) ................................ 975

Increased receipts under prior disposal authority (sec. 3302) ........ 975

Disposal of titanium (sec. 3303) ........................................................ 975

TITLE XXXIV—NAVAL PETROLEUM RESERVES ....................................................... 976

Legislative Provisions Adopted ........................................................................ 976

Minimum price of petroleum sold from certain naval petroleum

reserves (sec. 3401) ......................................................................... 976

Repeal of authority to contract for cooperative or unit plans

affecting Naval Petroleum Reserve Numbered 1 (sec. 3402) ...... 976

Disposal of Oil Shale Reserve Numbered 2 (sec. 3403) ................... 976

TITLE XXXV—MARITIME ADMINISTRATION ............................................................ 977

Legislative Provisions Adopted ........................................................................ 977

Authorization of appropriations for fiscal year 2001 (sec. 3501) .... 977

Scrapping of National Defense Reserve Fleet vessels (sec. 3502) .. 977

Authority to convey National Defense Reserve Fleet vessel, Glacier (sec. 3503) ................................................................................ 978

Maritime intermodal research (sec. 3504) ........................................ 978

Maritime research and technology development (sec. 3505) .......... 979

Reporting of administered and oversight funds (sec. 3506) ............ 979

Legislative Provisions not Adopted ................................................................. 979

Authority to convey offshore drill rig Ocean Star ........................... 979

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM ............................................................................................................... 979

Legislative Provisions Adopted ........................................................................ 980

Short title (sec. 3601) ......................................................................... 980

Findings; sense of Congress (sec. 3602) ........................................... 980

Subtitle A—Establishment of Compensation Program and Compensation Fund ................................................................................................ 980

Establishment of Energy Employees Occupational Illness Compensation Program (sec. 3611) ....................................................... 980

Establishment of Energy Employees Occupational Illness Compensation Fund (sec. 3612) ............................................................ 980

Page

XXVII

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM—Continued

Legislative Provisions Adopted—Continued

Subtitle A—Establishment of Compensation Program and Compensation Fund—Continued

Legislative proposal (sec. 3613) ........................................................ 980

Authorization of appropriations (sec. 3614) ..................................... 981

Subtitle B—Program Administration ...................................................... 981

Definitions for program administration (sec. 3621) ........................ 981

Expansion of list of beryllium vendors (sec. 3622) .......................... 981

Exposure in the performance of duty (sec. 3623) ............................ 981

Advisory Board on Radiation and Worker Health (sec. 3624) ........ 981

Responsibilities of Secretary of Health and Human Services (sec.

3625) ................................................................................................ 981

Designation of additional members of Special Exposure Cohort

(sec. 3626) ........................................................................................ 981

Separate treatment of chronic silicosis (sec. 3627) .......................... 982

Compensation and benefits to be provided (sec. 3628) ................... 982

Medical benefits (sec. 3629) ............................................................... 982

Separate treatment of certain uranium employees (sec. 3630) ...... 982

Assistance for claimants and potential claimants (sec. 3631) ........ 983

Subtitle C—Treatment, Coordination, and Forfeiture of Compensation and Benefits .................................................................................... 983

Offset for certain payments (sec. 3641) ............................................ 983

Subrogation of the United States (sec. 3642) ................................... 983

Payment in full settlement of claims (sec. 3643) ............................. 983

Exclusivity of remedy against the United States and against

contractors and subcontractors (sec. 3644) ................................... 983

Election of remedy for beryllium employees and atomic weapons

employees (sec. 3645) ..................................................................... 983

Certification of treatment of payments under other laws (sec.

3646) ................................................................................................ 983

Claims not assignable or transferrable; choice of remedies (sec.

3647) ................................................................................................ 984

Attorney fees (sec. 3648) .................................................................... 984

Certain claims not affected by awards of damages (sec. 3649) ...... 984

Forfeiture of benefits by convicted felons (sec. 3650) ...................... 984

Coordination with other Federal radiation compensation laws

(sec. 3651) ........................................................................................ 984

Subtitle D—Assistance in State Workers’ Compensation Proceedings . 984

Agreements with States (sec. 3661) .................................................. 984

66–636

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–945

ENACTMENT OF PROVISIONS OF H.R. 5408, THE FLOYD D.

SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2001

OCTOBER 6, 2000.—Ordered to be printed

Mr. SPENCE, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4205]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R.

4205), 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, having met, after full and free conference, have

agreed to recommend and do recommend to their respective Houses

as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE

AUTHORIZATION ACT.

The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

SEC. 2. PUBLICATION OF ACT.

In publishing this Act in slip form and in the United States

Statutes at Large pursuant to section 112 of title 1, United States

Code, the Archivist of the United States shall include after the date

of approval an appendix setting forth the text of the bill referred to

in section 1.

And the Senate agree to the same.

2

From the Committee on Armed Services, for consideration

of the House bill and the Senate amendment, and modifications committed to conference:

FLOYD SPENCE, BOB STUMP, DUNCAN HUNTER, JOHN R. KASICH, JAMES V. HANSEN, CURT WELDON, JOEL HEFLEY, JIM SAXTON, STEVE BUYER, TILLIE K. FOWLER, JOHN M. MCHUGH, JAMES M. TALENT, TERRY EVERETT, ROSCOE G. BARTLETT, HOWARD ‘‘BUCK’’ MCKEON, J.C. WATTS, Jr.,

MACK THORNBERRY, JOHN N. HOSTETTLER, SAXBY CHAMBLISS, IKE SKELTON, NORMAN SISISKY

JOHN SPRATT, SOLOMON P. ORTIZ, OWEN B. PICKETT, LANE EVANS, GENE TAYLOR, NEIL ABERCROMBIE, MARTIN T. MEEHAN, ROBERT A. UNDERWOOD, THOMAS ALLEN, VIC SNYDER,

JAMES H. MALONEY,

MIKE MCINTYRE,

ELLEN O. TAUSCHER,

MIKE THOMPSON,

Provided that Mr. Kuykendall is appointed in lieu of Mr.

Kasich for consideration of section 2863 of the House bill,

and section 2862 of the Senate amendment, and modifications committed to conference:

STEVEN T. KUYKENDALL,

From the Permanent Select Committee on Intelligence, for

consideration of matters within the jurisdiction of that

committee under clause 11 of rule X:

PORTER J. GOSS,

JERRY LEWIS,

JULIAN C. DIXON,

From the Committee on Commerce, for consideration of

sections 601, 725, and 1501 of the House bill, and sections

342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134,

3138, 3152, 3154, 3155, 3167–3169, 3171, 3201, and 3301–

3303 of the Senate amendment, and modifications committed to conference:

3

TOM BLILEY, JOE BARTON, JOHN D. DINGELL, Provided that Mr. Bilirakis is appointed in lieu of Mr. Barton of Texas for consideration of sections 601 and 725 of

the House bill, and sections 601, 618, 701, and 1073 of the

Senate amendment, and modifications committed to conference:

MIKE BILIRAKIS, Provided that Mr. Oxley is appointed in lieu of Mr. Barton

of Texas for consideration of section 1501 of the House bill,

and sections 342 and 2812 of the Senate amendment, and

modifications committed to conference:

MICHAEL G. OXLEY, From the Committee on Education and the Workforce, for

consideration of sections 341, 342, 504, and 1106 of the

House bill, and sections 311, 379, 553, 669, 1053, and title

XXXV of the Senate amendment, and modifications committed to conference:

BILL GOODLING, VAN HILLEARY, PATSY T. MINK, From the Committee on Government Reform, for consideration of sections 518, 651, 723, 801, 906, 1101–1104, 1106,

1107, and 3137 of the House bill, and sections 643, 651,

801, 806, 810, 814–816, 1010A 1044, 1045, 1057, 1063,

1069, 1073, 1101, 1102, 1104, and 1106–1118, title XIV,

and sections 2871, 2881, 3155, and 3171 of the Senate

amendment, and modifications committed to conference:

DAN BURTON, JOE SCARBOROUGH, HENRY A. WAXMAN, Provided that Mr. Horn is appointed in lieu of Mr. Scarborough for consideration of section 801 of the House bill,

and sections 801, 806, 810, 814–816, 1010A, 1044, 1045,

1057, 1063, and 1101, title XIV, and sections 2871 and

2881 of the Senate amendment, and modifications committee to conference:

STEPHEN HORN,

Provided that Mr. McHugh is appointed in lieu of Mr.

Scarborough for consideration of section 1073 of the Senate

amendment, and modifications committed to conference:

JOHN M. MCHUGH,

From the Committee on House Administration, for consideration of sections 561–563 of the Senate amendment, and

modifications committed to conference:

WILLIAM M. THOMAS,

JOHN BOEHNER,

STENY H. HOYER,

4

From the Committee on International Relations, for consideration of sections 1201, 1205, 1209, and 1210, title

XIII, and section 3136 of the House bill, and sections 1011,

1201–1203, 1206 1208, 1209, 1212, 1214, 3178, and 3193

of the Senate amendment, and modifications committed to

conference:

BILL GOODLING, From the Committee on the Judiciary, for consideration of

sections 543 and 906 of the House bill, and sections 506,

645, 663, 668, 909, 1068, and 1106, title XV, and title

XXXV of the Senate amendment, and modifications committed to conference:

HENRY HYDE, CHARLES T. CANADY, From the Committee on Resources, for consideration of

sections 312, 601, 1501, 2853, 2883, and 3402 of the House

bill, and sections 601 and 1059, title XIII, and sections

2871, 2893, and 3303 of the Senate amendment, and modifications committed to conference:

DON YOUNG, BILLY TAUZIN, From the Committee on Transportation and Infrastructure, for consideration of sections 601, 2839, and 2881 of

the House bill, and sections 502, 601, and 1072 of the Senate amendment, and modifications committed to conference:

BUD SHUSTER, WAYNE T. GILCHREST

BRIAN BAIRD, Provided that Mr. Pascrell is appointed in lieu of Mr.

Baird for consideration of section 1072 of the Senate

amendment, and modifications committed to conference:

BILL PASCRELL, Jr.,

From the Committee on Veterans’ Affairs, for consideration of sections 535, 738, and 2831 of the House bill, and

sections 561–563, 648, 664–666, 671, 672, 682–684, 721,

722, and 1067 of the Senate amendment, and modifications committed to conference:

MICHAEL BILIRAKIS,

JACK QUINN,

CORRINE BROWN,

5

From the Committee on Ways and Means, for consideration of section 725 of the House bill, and section 701 of

the Senate amendment, and modifications committed to

conference:

WILLIAM M. THOMAS, Managers on the Part of the House.

JOHN W. WARNER,

STROM THURMOND,

JOHN MCCAIN,

BOB SMITH,

JAMES INHOFE,

RICK SANTORUM,

OLYMPIA J. SNOWE,

PAT ROBERTS,

WAYNE ALLARD,

TIM HUTCHINSON,

JEFF SESSIONS,

CARL LEVIN,

EDWARD KENNEDY,

JEFF BINGAMAN,

ROBERT C. BYRD,

CHUCK ROBB,

JOE LIEBERMAN,

MAX CLELAND,

MARY L. LANDRIEU,

JACK REED,

Managers on the Part of the Senate.

(7)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 4205) 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, submit the following joint statement to the House and

the Senate in explanation of the effect of the action agreed upon

by the managers and recommended in the accompanying conference report:

The Senate amendment struck out all of the House bill after

the enacting clause and inserted a substitute text.

The House recedes from its disagreement to the amendment of

the Senate with an amendment which is a substitute for the House

bill and the Senate amendment. The differences between the House

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming

changes made necessary by agreements reached by the conferees,

and minor drafting and clarifying changes.

The conference agreement would enact the provisions of H.R.

5408 as introduced on October 6, 2000. The text of that bill follows:

SECTION 1. SHORT TITLE; FINDINGS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Floyd D.

Spence National Defense Authorization Act for Fiscal Year 2001’’.

(b) FINDINGS.—Congress makes the following findings:

(1) Representative Floyd D. Spence of South Carolina was

elected to the House of Representatives in 1970, for service in

the 92d Congress, after serving in the South Carolina legislature for 10 years, and he has been reelected to each subsequent

Congress.

(2) Representative Spence came to Congress as a distinguished veteran of service in the Armed Forces of the United

States.

(3) Upon graduation from college in 1952, Representative

Spence was commissioned as an ensign in the United States

Naval Reserve. After entering active duty, he served with distinction aboard the USS CARTER HALL and the USS LSM–

397 during the Korean War and later served as commanding

officer of a Naval Reserve Surface Division and as group commander of all Naval Reserve units in Columbia, South Carolina. Representative Spence retired from the Naval Reserve in

1988 in the grade of captain, after 41 years of dedicated service.

(4) Upon election to the House of Representatives, Representative Spence became a member of the Committee on

8

Armed Services of that body. During 30 years of service on that

committee (4 years of which were served while the committee

was known as the Committee on National Security), Representative Spence’s contributions to the national defense and security

of the United States have been profound and long lasting.

(5) Representative Spence served as chairman of that committee while known as the Committee on National Security during the 104th and 105th Congresses and serves as chairman of

that committee for the 106th Congress. In addition, Representative Spence served as the ranking minority member of the Committee on Armed Services during the 103d Congress.

(6) Dozens of awards from active duty and reserve military,

veterans service, military retiree, and industry organizations

and associations have recognized the distinguished character of

Representative Spence’s service to the Nation.

(7) Representative Spence has been a leading figure in the

debate over many of the most critical military readiness, health

care, recruiting, and retention issues currently confronting the

Nation’s military. His concern for the men and women in uniform has been unwavering, and his accomplishments in promoting and gaining support for those issues that preserve the

combat effectiveness, morale, and quality of life of the Nation’s

military personnel have been unparalleled.

(8) During his tenure as chairman of the Committee on National Security and the Committee on Armed Services of the

House of Representatives, Representative Spence has—

(A) led efforts to identify and reverse the effect that declining resources and rising commitments have had on

military quality of life for service members and their families, on combat readiness, and on equipment modernization, with a direct result of those diligent efforts and of his

willingness to be an outspoken proponent for America’s

military being that Congress has added nearly

$50,000,000,000 to the President’s defense budgets over the

past 5 years;

(B) been a leading proponent of the need to expeditiously develop and field a national missile defense to protect American citizens and forward deployed military forces

from growing ballistic missile threats;

(C) advocated reversing the growing disparity between

actual military capability and the requirements associated

with the National Military Strategy; and

(D) led efforts in Congress to reform Department of Defense acquisition and management headquarters and infrastructure and business practices.

(9) This Act is the 30th annual authorization bill for the

Department of Defense for which Representative Spence has

taken a major responsibility as a member of the Committee on

Armed Services of the House of Representatives (including 4

years while that committee was known as the Committee on National Security).

(10) In light of the findings in the preceding paragraphs,

it is altogether fitting and proper that this Act be named in

9

honor of Representative Floyd D. Spence of South Carolina, as

provided in subsection (a).

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into three divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security

Authorizations and Other Authorizations.

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

DIVISION A—DEPARTMENT OF DEFENSE 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

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.

10

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

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.

11

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.

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 publicprivate 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.

Sec. 373. Effects of worldwide contingency operations on readiness of military aircraft and equipment.

12

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.

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.

13

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.

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.

14

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.

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.

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.

15

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.

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.

16

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-of-healthcare 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.

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.

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 future-years defense

programs.

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

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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.

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 counterdrug 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.

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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 Governmentwide 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.

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

Sec. 1111. Pilot program for reengineering the equal employment opportunity complaint process.

Sec. 1112. Work safety demonstration program.

20

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.

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.

21

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.

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.

22

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.

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.

DIVISION B—MILITARY CONSTRUCTION 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.

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.

23

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.

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.

24

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.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS 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.

25

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 post-shipment

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.

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.

26

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 government-owned,

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.

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.

27

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.

SEC. . CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ‘‘congressional defense committees’’ means—

(1) the Committee on Armed Services and the Committee on

Appropriations of the Senate; and

(2) the Committee on Armed Services and the Committee on

Appropriations of the House of Representatives.

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

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

Fighter program.

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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.

Subtitle A—Authorization of

Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year

2001 for procurement for the Army as follows:

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

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

(3) For weapons and tracked combat vehicles,

$2,436,324,000.

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

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

(6) For chemical agents and munitions destruction,

$980,100,000, for—

(A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of

Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(B) the destruction of chemical warfare materiel of the

United States that is not covered by section 1412 of such

Act.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY.—Funds are hereby authorized to be appropriated for

fiscal year 2001 for procurement for the Navy as follows:

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

(2) For weapons, including missiles and torpedoes,

$1,443,600,000.

(3) For shipbuilding and conversion, $12,826,919,000.

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

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2001 for procurement for the Marine Corps

in the amount of $1,212,768,000.

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby

authorized to be appropriated for fiscal year 2001 for procurement

of ammunition for the Navy and the Marine Corps in the amount

of $487,749,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year

2001 for procurement for the Air Force as follows:

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

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

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

(4) For other procurement, $7,711,647,000.

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SEC. 104. DEFENSE-WIDE ACTIVITIES.

(a) AMOUNT AUTHORIZED.—Funds are hereby authorized to be

appropriated for fiscal year 2001 for Defense-wide procurement in

the amount of $2,278,408,000.

(b) AMOUNT FOR NATIONAL MISSILE DEFENSE.—Of the funds

authorized to be appropriated in subsection (a), $74,530,000 shall

be available for the National Missile Defense program.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal year

2001 for procurement for the Inspector General of the Department

of Defense in the amount of $3,300,000.

SEC. 106. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the Department of Defense for procurement for carrying out

health care programs, projects, and activities of the Department of

Defense in the total amount of $290,006,000.

Subtitle B—Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.

(a) M2A3 BRADLEY FIGHTING VEHICLE.—(1) Beginning with the

fiscal year 2001 program year, the Secretary of the Army may, in

accordance with section 2306b of title 10, United States Code, enter

into one or more multiyear contracts for procurement of M2A3

Bradley fighting vehicles.

(2) The Secretary of the Army may execute a contract authorized

by paragraph (1) only after—

(A) there is a successful completion of a M2A3 Bradley initial operational test and evaluation (IOT&E); and

(B) the Secretary certifies in writing to the congressional

defense committees that the vehicle met all required test parameters.

(b) UTILITY HELICOPTERS.—Beginning with the fiscal year 2002

program year, the Secretary of the Army may, in accordance with

section 2306b of title 10, United States Code, enter into one or more

multiyear contracts for procurement of UH–60 Blackhawk utility

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

Navy, CH–60 Knighthawk utility helicopters.

SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT

MUNITIONS THAT MAY BE ACQUIRED.

Section 116(2) of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2682) is amended

by striking ‘‘6,000’’ and inserting ‘‘8,500’’.

SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANSFORMATION.

(a) SECRETARY OF THE ARMY REPORT ON OBJECTIVE FORCE DEVELOPMENT PROCESS.—The Secretary of the Army shall submit to

the congressional defense committees a report on the process for developing the objective force in the transformation of the Army. The

report shall include the following:

(1) The operational environments envisioned for the objective force.

30

(2) The threat assumptions on which research and development efforts for transformation of the Army into the objective

force are based.

(3) The potential operational and organizational concepts

for the objective force.

(4) The operational requirements anticipated for the operational requirements document of the objective force.

(5) The anticipated schedule of Army transformation activities through fiscal year 2012, together with—

(A) the projected funding requirements through that

fiscal year for research and development activities and procurement activities related to transition to the objective

force; and

(B) a summary of the anticipated investments of the

Defense Advanced Research Projects Agency in programs

designed to lead to the fielding of future combat systems for

the objective force.

(6) A proposed plan for the comparison referred to in subsection (c).

If any of the information required by paragraphs (1) through (5) is

not available at the time the report is submitted, the Secretary shall

include in the report the anticipated schedule for the availability of

that information.

(b) SECRETARY OF DEFENSE REPORT ON OBJECTIVE FORCE DE- VELOPMENT PROCESS.—Not later than March 1, 2001, the Secretary

of Defense shall submit to the congressional defense committees a report on the process for developing the objective force in the transformation of the Army. The report shall include the following:

(1) The joint warfighting requirements that will be supported by the fielding of the objective force, together with a description of the adjustments that are planned to be made in the

war plans of the commanders of the unified combatant commands in relation to the fielding of the objective force.

(2) The changes in lift requirements that may result from

the establishment and fielding of the combat brigades of the objective force.

(3) The evaluation process that will be used to support decisionmaking on the course of the Army transformation, including a description of the operational evaluations and experimentation that will be used to validate the operational requirements

for the operational requirements document of the objective force.

If any of the information required by paragraphs (1) through (3) is

not available at the time the report is submitted, the Secretary shall

include in the report the anticipated schedule for the availability of

that information.

(c) COSTS AND EFFECTIVENESS OF MEDIUM ARMORED COMBAT

VEHICLES FOR THE INTERIM BRIGADE COMBAT TEAMS.—(1) The Secretary of the Army shall develop a plan for comparing—

(A) the costs and operational effectiveness of the infantry

carrier variant of the interim armored vehicles selected for the

infantry battalions of the interim brigade combat teams; and

(B) the costs and operational effectiveness of the troop-carrying medium armored vehicles currently in the Army inventory

for the use of infantry battalions.

31

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

described in paragraph (1) until the Director of Operational Test

and Evaluation of the Department of Defense approves the plan for

that comparison developed under that paragraph.

(d) LIMITATION PENDING RECEIPT OF SECRETARY OF THE ARMY

REPORT.—Not more than 80 percent of the amount appropriated for

fiscal year 2001 for the procurement of armored vehicles in the family of new medium armored vehicles may be obligated until—

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

defense committees the report required under subsection (a);

and

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

submittal of such report.

(e) LIMITATION PENDING COMPARISON AND CERTIFICATION.—No

funds appropriated or otherwise made available to the Department

of the Army for any fiscal year may be obligated for acquisition of

medium armored combat vehicles to equip a third interim brigade

combat team until—

(1) the plan for a comparison of costs and operational effectiveness developed under subsection (c)(1), as approved under

subsection (c)(2), is carried out;

(2) the Secretary of Defense submits to the congressional defense committees, after the completion of the comparison referred to in paragraph (1), a certification that—

(A) the Secretary approves of the obligation of funds for

that purpose; and

(B) the force structure resulting from the acquisition

and subsequent operational capability of interim brigade

combat teams will not diminish the combat power of the

Army; and

(3) a period of 30 days has elapsed from the date of the certification under paragraph (2).

(f) DEFINITIONS.—In this section:

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

means the actions being undertaken to transform the Army, as

it is constituted in terms of organization, equipment, and doctrine in 2000, into the objective force.

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

organizational structure, the most advanced equipment that

early twenty-first century science and technology can provide,

and the appropriate doctrine to ensure that the Army is responsive, deployable, agile, versatile, lethal, survivable, and sustainable for the full spectrum of the operations anticipated to be required of the Army during the early years of the twenty-first

century following 2010.

(3) The term ‘‘interim brigade combat team’’ means an

Army brigade that is designated by the Secretary of the Army

as a brigade combat team and is reorganized and equipped

with currently available equipment in a configuration that effectuates an evolutionary advancement toward transformation

of the Army to the objective force.

32

Subtitle C—Navy Programs

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

(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is authorized to procure the aircraft carrier to be designated CVNX–1.

(b) ADVANCE PROCUREMENT AND CONSTRUCTION.—The Secretary may enter into one or more contracts for the advance procurement and advance construction of components for the ship authorized under subsection (a).

(c) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the

amounts authorized to be appropriated under section 102(a)(3) for

fiscal year 2001, $21,869,000 is available for the advance procurement and advance construction of components (including nuclear

components) for the CVNX–1 aircraft carrier program.

SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

(a) ECONOMICAL MULTIYEAR PROCUREMENT OF PREVIOUSLY AU- THORIZED VESSELS AND ONE ADDITIONAL VESSEL.—(1) Subsection

(b) of section 122 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2446), as amended

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

amended by striking ‘‘a total of 18 Arleigh Burke class destroyers’’

in the first sentence and all that follows through the period at the

end of that sentence and inserting ‘‘Arleigh Burke class destroyers

in accordance with this subsection and subsection (a)(4) at procurement rates not in excess of three ships in each of the fiscal years beginning after September 30, 1998, and before October 1, 2005. The

authority under the preceding sentence is subject to the availability

of appropriations for such destroyers.’’.

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

‘‘18’’.

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

Congress that, for the procurement of the Arleigh Burke class destroyers to be procured after fiscal year 2001 under multiyear contracts authorized under section 122(b) of Public Law 104–201, as

amended by subsection (a)—

(1) the Secretary of the Navy should—

(A) achieve the most economical rate of procurement;

and

(B) enter into such contracts for advance procurement

as may be necessary to achieve that rate of procurement;

(2) the most economical rate of procurement would be

achieved by procuring three of those vessels in each of fiscal

years 2002 and 2003 and procuring another vessel in fiscal year

2004; and

(3) the Secretary has the authority under section 122(b) of

Public Law 104–201 (110 Stat. 2446) and subsections (b) and

(c) of section 122 of Public Law 106–65 (113 Stat. 534) to provide for procurement at the most economical rate, as described

in paragraph (2).

(c) UPDATE OF 1993 REPORT ON DDG–51 CLASS SHIPS.—(1)

The Secretary of the Navy shall submit to the Committees on Armed

Services of the Senate and the House of Representatives, not later

than November 1, 2000, a report that updates the information proVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00062 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.030 pfrm03 PsN: HR945
33

vided in the report of the Secretary of the Navy entitled the ‘‘Arleigh

Burke (DDG–51) Class Industrial Base Study of 1993’’. The Secretary shall transmit a copy of the updated report to the Comptroller General not later than the date on which the Secretary submits the report to the committees.

(2) The Comptroller General shall review the updated report

submitted under paragraph (1) and, not later than December 1,

2000, submit to the Committees on Armed Services of the Senate

and House of Representatives the Comptroller General’s comments

on the updated report.

SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

(a) AMOUNTS AUTHORIZED FROM SCN ACCOUNT.—Of the

amounts authorized to be appropriated by section 102(a)(3) for fiscal

year 2001, $1,706,234,000 is available for the Virginia class submarine program.

(b) CONTRACT AUTHORITY.—(1) The Secretary of the Navy is authorized to enter into a contract for the procurement of up to five

Virginia class submarines, including the procurement of material in

economic order quantities when cost savings are achievable, during

fiscal years 2003 through 2006. The submarines authorized under

the preceding sentence are in addition to the submarines authorized

under section 121(b) of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648).

(2) A contract entered into under paragraph (1) shall provide

that any obligation of the United States to make a payment under

the contract is subject to the availability of appropriations for that

purpose.

(c) SHIPBUILDER TEAMING.—Paragraphs (2)(A), (3), and (4) of

section 121(b) of Public Law 105–85 apply to the procurement of

submarines under this section.

(d) LIMITATION OF LIABILITY.—If a contract entered into under

this section is terminated, the United States shall not be liable for

termination costs in excess of the total of the amounts appropriated

for the Virginia class submarine program that remain available for

the program.

(e) REPORT REQUIREMENT.—At that same time that the President submits the budget for fiscal year 2002 to Congress under section 1105(a) of title 31, United States Code, the Secretary of Defense

shall submit to the congressional defense committees a report on the

Navy’s fleet of fast attack submarines. The report shall include the

following:

(1) A plan for maintaining at least 55 fast attack submarines in commissioned service through 2015, including, by

2015, 18 Virginia class submarines.

(2) Two assessments of the potential savings that would be

achieved under the Virginia class submarine program if the

production rate for that program were at least two submarines

each fiscal year, as follows:

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

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

(3) An analysis of the advantages and disadvantages of

various contracting strategies for the Virginia class submarine

34

program, including one or more multiyear procurement strategies and one or more strategies for block buy with economic

order quantity.

SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN SUBMARINE FORCE STRUCTURE.

(a) LIMITATION ON RETIREMENT OF SUBMARINES.—During fiscal year 2001, the Secretary of the Navy may not retire from the active force structure of the Navy any Los Angeles class nuclear-powered attack submarine or any Ohio class nuclear-powered ballistic

missile submarine unless the Secretary of the Navy certifies to Congress in writing that he cannot assure the continued safe and militarily effective operation of that submarine.

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

submit to Congress a report on the required force structure for nuclear-powered submarines, including attack submarines (SSNs),

ballistic missile submarines (SSBNs), and cruise missile submarines (SSGNs), to support the national military strategy through

2020. The report shall include a detailed discussion of the acquisition strategy and fleet maintenance requirements to achieve and

maintain that force structure through—

(1) the procurement of new construction submarines;

(2) the refueling of Los Angeles class attack submarines

(SSNs) to achieve the maximum amount of operational useful

service; and

(3) the conversion of Ohio class submarines that are no

longer required for the strategic deterrence mission from their

current ballistic missile (SSBN) configuration to a cruise-missile (SSGN) configuration.

SEC. 125. ADC(X) SHIP PROGRAM.

The Secretary of the Navy may procure the construction of all

ADC(X) class ships in one shipyard if the Secretary determines that

it is more cost effective to do so than to procure the construction of

such ships from more than one shipyard.

SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE

U.S.S. DWIGHT D. EISENHOWER.

(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the

amount authorized to be appropriated by section 102(a)(3) for fiscal

year 2001, $698,441,000 is available for the commencement of the

nuclear refueling and complex overhaul of the U.S.S. Dwight D. Eisenhower (CVN–69) during fiscal year 2001. The amount made

available in the preceding sentence is the first increment in the incremental funding planned for the nuclear refueling and complex

overhaul of that vessel.

(b) CONTRACT AUTHORITY.—The Secretary of the Navy is authorized to enter into a contract during fiscal year 2001 for the nuclear refueling and complex overhaul of the U.S.S. Dwight D. Eisenhower.

(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for

a fiscal year after fiscal year 2001 is subject to the availability of

appropriations for that purpose for that later fiscal year.

35

SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.

(a) ALTERNATIVE FUNDING ANALYSIS.—The Secretary of the

Navy shall conduct an analysis on the potential benefits and risks

associated with alternative funding mechanisms for the procurement of various classes of naval vessels and other naval capabilities

beginning in fiscal year 2002.

(b) ALTERNATIVE FUNDING MECHANISMS.—For purposes of this

section, the term ‘‘alternative funding mechanism’’ means any of the

following:

(1) The use of multiyear procurement.

(2) The use of advance procurement for block buys of materials in economic order quantities.

(3) The use of advance procurement and advance construction required in the number of years appropriate to minimize

the cost of ship construction.

(4) The use of advance procurement and advance construction apportioned roughly evenly across some number of fiscal

years.

(5) The use of resources from the National Defense Sealift

Fund to budget for auxiliary ships and strategic lift ships.

(6) The use of the resources from the National Defense Sealift Fund to provide advance payments for national defense features to establish an active Ready Reserve Force.

(c) REPORT.—The Secretary shall submit to the congressional

defense committees a report providing the results of the analysis

under subsection (a). The report shall be submitted concurrently

with the submission of the President’s budget for fiscal year 2002,

but in no event later than February 5, 2001. The report shall include the following:

(1) A detailed description of the funding mechanisms considered.

(2) The potential savings or costs associated with each such

funding mechanism.

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

on production stability of other shipbuilding programs funded

within the Shipbuilding and Conversion, Navy, account, given

the current acquisition plan of the Navy through fiscal year

2010.

(4) The variables and constants used in the analysis which

should include economic, industrial base, and budget realities.

(5) A description and discussion of any statutory or regulatory restrictions that would preclude the use of any of the

funding mechanisms considered.

SEC. 128. HELICOPTER SUPPORT OF FFG–7 FRIGATES DURING FISCAL

YEAR 2001.

During fiscal year 2001, the Secretary of the Navy shall operate

one squadron of six SH–2G helicopters to provide organic helicopter

assets for operational support of missions that are to be carried out

by FFG–7 Flight I and Flight II frigates during that fiscal year.

SEC. 129. V–22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORDERS.

The Secretary of Defense shall require that all V–22 Osprey aircraft be equipped with a state-of-the-art cockpit voice recorder and

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imum, the standards for such devices recommended by the National

Transportation Safety Board.

Subtitle D—Air Force Programs

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

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

Code, is amended by adding at the end the following new section:

‘‘§ 2282. B–2 bomber: annual report

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

shall submit to the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives a

report on the B–2 bomber aircraft. Each such report shall include

the following:

‘‘(1) Identification of the average full-mission capable rate

of B–2 aircraft for the preceding fiscal year and the Secretary’s

overall assessment of the implications of that full-mission capable rate on mission accomplishment for the B–2 aircraft, together with the Secretary’s determination as to whether that

rate is adequate for the accomplishment of each of the missions

assigned to the B–2 aircraft as of the date of the assessment.

‘‘(2) An assessment of the technical capabilities of the B–2

aircraft and whether these capabilities are adequate to accomplish each of the missions assigned to that aircraft as of the

date of the assessment.

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

of technologies to enhance the capabilities of that aircraft.

‘‘(4) Identification and assessment of additional technologies that would make that aircraft more capable or survivable against known and evolving threats.

‘‘(5) A fiscally phased program for each technology identified in paragraphs (3) and (4) for the budget year and the future-years defense program, based on the following three funding situations:

‘‘(A) The President’s current budget.

‘‘(B) The President’s current budget and the current Department of Defense unfunded priority list.

‘‘(C) The maximum executable funding for the B–2 aircraft given the requirement to maintain enough operationally ready aircraft to accomplish missions assigned to the

B-2 aircraft.’’.

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

amended by adding at the end the following new item:

‘‘2282. B–2 bomber: annual report.’’.

(b) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 112 of the National Defense Authorization Act for Fiscal Years

1990 and 1991 (Public Law 101–189) is repealed.

SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F–

16A UNITS.

The Secretary of the Air Force shall, not later than February 1,

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bat capabilities of those Air National Guard units that, as of the

date of the enactment of this Act, are assigned F–16A aircraft so

that those units can be deployed as part of Air Expeditionary

Forces.

Subtitle E—Joint Programs

SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES

FOR THE JOINT STRIKE FIGHTER PROGRAM.

(a) REPORT REQUIRED.—Not later than 180 days after the date

of the award of a contract for engineering and manufacturing development for the Joint Strike Fighter aircraft program, the Secretary

of Defense shall submit to Congress a report providing the results

of a study of final assembly and checkout alternatives for that aircraft.

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

(a) shall include the following:

(1) Examination of alternative final assembly and checkout

strategies for the program, including—

(A) final assembly and checkout of all aircraft under

the program at one location;

(B) final assembly and checkout at dual locations; and

(C) final assembly and checkout at multiple locations.

(2) Identification of each Government and industry facility

that is a potential location for such final assembly and checkout.

(3) Identification of the anticipated costs of final assembly

and checkout at each facility identified pursuant to paragraph

(2), based upon a reasonable profile for the annual procurement

of that aircraft once it enters production.

(4) A comparison of the anticipated costs of carrying out

such final assembly and checkout at each such location.

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

(b)(3) and carrying out the cost comparisons required by subsection

(b)(4), the Secretary shall include consideration of each of the following factors:

(1) State tax credits.

(2) State and local incentives.

(3) Skilled resident workforce.

(4) Supplier and technical support bases.

(5) Available stealth production facilities.

(6) Environmental standards.

Subtitle F—Chemical Demilitarization

SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS DESTRUCTION TECHNOLOGIES.

(a) LIMITATION.—In determining the technologies to be used for

the destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, whether under the assessment required by section 141(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 537;

50 U.S.C. 1521 note), the Assembled Chemical Weapons Assessment,

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or any other assessment, the Secretary of Defense may consider only

the following technologies:

(1) Incineration.

(2) Any technologies demonstrated under the Assembled

Chemical Weapons Assessment on or before May 1, 2000.

(b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT DEFINED.—

As used in subsection (a), the term ‘‘Assembled Chemical Weapons

Assessment’’ means the pilot program carried out under section

8065 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law 104–208; 110 Stat. 3009–101;

50 U.S.C. 1521 note).

SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC

ASSISTANCE FOR COMMUNITIES IMPACTED BY CHEMICAL

DEMILITARIZATION ACTIVITIES.

(a) REPORT REQUIRED.—Not later than April 1, 2001, the Secretary of Defense shall submit to the Committees on Armed Services

of the Senate and of the House of Representatives a report on the

impact of the Department of Defense chemical agents and munitions

destruction program on the communities in the vicinity of the chemical weapons stockpile storage sites and associated chemical agent

demilitarization activities at the following facilities:

(1) Anniston Chemical Activity, Alabama.

(2) Blue Grass Chemical Activity, Kentucky.

(3) Deseret Chemical Depot, Utah.

(4) Edgewood Chemical Activity, Maryland.

(5) Newport Chemical Activity, Indiana.

(6) Pine Bluff Chemical Activity, Arkansas.

(7) Pueblo Chemical Activity, Colorado.

(8) Umatilla Chemical Depot, Oregon.

(b) RECOMMENDATION.—The Secretary shall include in the report a recommendation regarding whether Federal economic assistance for any or all of those communities to assist in meeting the impact of that program is needed and appropriate. If the Secretary’s

recommendation is that such economic assistance is needed and appropriate for any or all of such communities, the Secretary shall include in the report criteria for determining the amount of such economic assistance.

(c) MATTERS TO BE CONSIDERED IN ASSESSING IMPACT.—In assessing the impact of the program referred to in subsection (a) for

purposes of preparing the report required by that subsection and the

recommendation required by subsection (b), the Secretary shall consider the following:

(1) The impact that any change in population as a result

of chemical agent demilitarization activities would have on the

community.

(2) The possible temporary nature of such a change in population and the long-range financial impact of such a change

in population on the permanent residents of the community.

(3) The initial capitalization required for the services, facilities, or infrastructure to support any increase in population.

(4) The operating costs for sustaining or upgrading the

services, facilities, or infrastructure to support any increase in

population.

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(5) The costs incurred by local government entities for improvements to emergency evacuation routes required by the

chemical demilitarization activities.

(6) Such other factors as the Secretary considers appropriate.

SEC. 153. PROHIBITION AGAINST DISPOSAL OF NON-STOCKPILE CHEMICAL WARFARE MATERIAL AT ANNISTON CHEMICAL

STOCKPILE DISPOSAL FACILITY.

No funds authorized to be made available under this or any

other Act may be used to facilitate the disposal using the chemical

stockpile disposal facility at Anniston, Alabama, of any non-stockpile chemical warfare material that is not stored (as of the date of

the enactment of this Act) at the Anniston Army Depot.

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

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.

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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.

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the use of the Department of Defense for research, development, test, and evaluation as follows: (1) For the Army, $5,568,482,000.

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

(3) For the Air Force, $13,779,144,000.

(4) For Defense-wide activities, $10,873,712,000, of which $192,060,000 is authorized for the Director of Operational Test

and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) FISCAL YEAR 2001.—Of the amounts authorized to be appro- priated by section 201, $4,557,188,000 shall be available for basic

research and applied research projects.

(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For

purposes of this section, the term ‘‘basic research and applied research’’ means work funded in program elements for defense research and development under Department of Defense category 6.1

or 6.2.

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM—LOW.

Not later than October 1, 2001, the Secretary of Defense shall

direct that the Director of the Ballistic Missile Defense Organization

shall have authority for program management for the ballistic missile defense program known on the date of the enactment of this Act

as the Space-Based Infrared System—Low.

SEC. 212. JOINT STRIKE FIGHTER PROGRAM.

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

of Defense shall submit to the congressional defense committees a report on the Joint Strike Fighter aircraft program describing the criteria for exit of the program from the demonstration and validation

phase, and entry of the program into the engineering and manufacturing development phase, of the acquisition process.

(b) CERTIFICATION.—The Joint Strike Fighter program may not

be approved for entry into the engineering and manufacturing development phase of the acquisition process until the Secretary of Defense certifies to the congressional defense committees that—

(1) the exit criteria established in the report submitted

under subsection (a) have been accomplished;

(2) the technological maturity of key technologies for the

program is sufficient to warrant entry of the program into the

engineering and manufacturing development phase; and

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(3) the short take-off, vertical-landing aircraft variant selected for engineering and manufacturing development has successfully flown at least 20 hours.

(c) TRANSFERS WITHIN THE JOINT STRIKE FIGHTER NAVY AND

AIR FORCE ACCOUNTS.—(1) The Secretary of Defense may, subject to

established congressional notification and reprogramming procedures, transfer within the Joint Strike Fighter program the following amounts:

(A) Of the funds authorized to be appropriated for PE

64800N, up to $100,000,000 to PE 63800N.

(B) Of the funds authorized to be appropriated for PE

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

(2) The transfer authority authorized in paragraph (1) is in addition to the transfer authority provided in section 1001.

SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

(a) REQUIREMENTS.—The Secretary of Defense shall carry out a

joint field experiment in fiscal year 2002. The Secretary shall ensure

that the planning for the joint field experiment is carried out in fiscal year 2001.

(b) PURPOSE.—The purpose of the joint field experiment is to explore critical war fighting challenges at the operational level of war

that will confront United States joint military forces after 2010.

(c) PARTICIPATING FORCES.—(1) The joint field experiment shall

involve elements of the Army, Navy, Marine Corps, and Air Force,

and shall include special operations forces.

(2) The forces designated to participate in the joint field experiment shall exemplify the concepts for organization, equipment, and

doctrine that are conceived for the forces after 2010 under Joint Vision 2010 and Joint Vision 2020 (issued by the Joint Chiefs of

Staff) and the current vision statements of the Chief of Staff of the

Army, the Chief of Naval Operations, the Commandant of the Marine Corps, and the Chief of Staff of the Air Force, including the following concepts:

(A) Army medium weight brigades.

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

(C) Air Force expeditionary aerospace forces.

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

submit to the congressional defense committees a report on the concept plan for the joint field experiment required under subsection

(a). The report shall include the following:

(1) The objectives of the experiment.

(2) The forces participating in the experiment.

(3) The schedule and location of the experiment.

(4) For each joint command, defense agency, and service

component participating in the experiment, an identification

of—

(A) the funding required for the experiment by that

command, agency, or component; and

(B) any shortfall in the budget request for the Department of Defense for fiscal year 2002 for that funding for

that command, agency, or component.

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SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION

MODELING.

(a) ASSESSMENT REQUIRED.—The Secretary of the Navy shall

conduct an assessment of the cost-effectiveness of—

(1) converting design data for the Nimitz-class aircraft carrier from non-electronic to electronic form; and

(2) developing an electronic, three-dimensional design product model for the CVNX class aircraft carrier.

(b) CONDUCT OF THE ASSESSMENT.—The Secretary of the Navy

shall carry out the assessment in a manner that ensures the participation of the nuclear aircraft carrier shipbuilding industry.

(c) REPORT.—The Secretary of the Navy shall submit a report

to the congressional defense committees on the assessment. The report shall include the results of the assessment and plans and funding requirements for developing the model specified in subsection

(a)(2). The report shall be submitted with the submission of the

budget request for the Department of Defense for fiscal year 2002.

(d) FUNDING.—Of the amount authorized to be appropriated

under section 201(2) for research, development, test, and evaluation

for the Navy, $8,000,000 shall be available to initiate the conversion

and development of nuclear aircraft carrier design data into an electronic, three-dimensional product model.

SEC. 215. DD–21 CLASS DESTROYER PROGRAM.

(a) AUTHORITY.—The Secretary of the Navy is authorized to

pursue a technology insertion approach for the construction of the

DD–21 destroyer that is based on the assumption of the following

schedule:

(1) Award of a contract for advance procurement for construction of components for the DD–21 destroyer during fiscal

year 2004.

(2) Delivery of the completed ship during fiscal year 2009.

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

(1) there are compelling reasons for starting the program

for constructing the DD–21 destroyer during fiscal year 2004

with available procurement funds and continuing with sequential construction of DD–21 class destroyers during the ensuing

fiscal years until 32 DD–21 class destroyers have been constructed; and

(2) the Secretary of the Navy, in providing for the acquisition of DD–21 class destroyers, should consider that—

(A) the Marine Corps needs the surface fire-support capabilities of the DD–21 class destroyers as soon as possible

in order to mitigate the inadequacies of the surface fire-support capabilities that are currently available;

(B) the Navy and Marine Corps need to resolve whether

there is a requirement for surface fire-support missile weapon systems to be easily sustainable by means of replenishment while under way;

(C) the technology insertion approach has been successful for other ship construction programs and is being pursued for the CVNX aircraft carrier program and the Virginia class submarine program;

(D) the establishment of a stable configuration for the

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tion of those ships with the greatest capabilities at the lowest cost; and

(E) action to acquire DD–21 class destroyers should be

taken as soon as possible in order to realize fully the cost

savings that can be derived from the construction and operation of DD–21 class destroyers, including—

(i) savings in construction costs that would result

from achievement of the Navy’s target per-ship cost of

$750,000,000 by the fifth ship constructed in each construction yard;

(ii) savings that would result from the estimated

reduction of the crews of destroyers by 200 or more personnel for each ship; and

(iii) savings that would result from a reduction in

the operating costs for destroyers by an estimated 70

percent.

(c) NAVY PLAN FOR USE OF TECHNOLOGY INSERTION APPROACH

FOR CONSTRUCTION OF THE DD–21 SHIP.—The Secretary of the

Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives, not later than April 18, 2001,

a plan for pursuing a technology insertion approach for the construction of the DD–21 destroyer as authorized under subsection (a).

The plan shall include estimates of the resources necessary to carry

out the plan.

(d) REPORT ON ACQUISITION AND MAINTENANCE PLAN FOR DD–

21 CLASS SHIPS.—The Secretary of Defense shall submit to the

Committees on Armed Services of the Senate and the House of Representatives, not later than April 18, 2001, a report on the Navy’s

plan for the acquisition and maintenance of DD–21 class destroyers.

The report shall include a discussion of each of the following matters:

(1) The technical feasibility of contracting for, and commencing construction of, the first destroyer in that class during

fiscal year 2004 and achieving delivery of the completed ship

during fiscal year 2009.

(2) An analysis of alternative contracting strategies for the

construction of the first 10 destroyers in that class, including

one or more multiyear procurement strategies and one or more

strategies for block buy in economic order quantity.

(3) A comparison of the effects on the destroyer industrial

base and on costs to other Navy shipbuilding programs of the

following two options:

(A) Commencing construction of the first destroyer in

that class during fiscal year 2004, with delivery of the completed ship during fiscal year 2009, and delaying commencement of construction of the next destroyer in that

class until fiscal year 2006.

(B) Commencing construction of the first destroyer in

that class during fiscal year 2005 (rather than fiscal year

2004), with advance procurement during fiscal year 2004

and delivery of the completed ship during fiscal year 2010,

and delaying commencement of construction of the next destroyer in that class until fiscal year 2007 (rather than fiscal year 2006).

44

(4) The effects on the fleet maintenance strategies of Navy

fleet commanders, on commercial maintenance facilities in fleet

concentration areas, and on the administration of funds in compliance with section 2466 of title 10, United States Code, of

awarding to a contractor for the construction of a destroyer in

that class all maintenance workloads for destroyers in that

class that are below depot-level maintenance and above shiplevel maintenance.

SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.

None of the funds authorized to be appropriated under section

201(4) for the Russian American Observation Satellites program

may be obligated or expended until 30 days after the Secretary of

Defense submits to Congress a report explaining how the Secretary

plans to protect United States advanced military technology that

may be associated with the Russian American Observation Satellites program.

SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM.

(a) LIMITATION.—Subject to subsection (c), funds authorized to

be appropriated by this Act may not be obligated for the procurement of a vaccine for the biological agent anthrax until the Secretary of Defense has submitted to the congressional defense committees each of the following:

(1) A written notification that the Food and Drug Administration has approved the current manufacturer for production

of the vaccine.

(2) A report on the contingencies associated with continuing

to rely on the current manufacturer to supply the vaccine.

(b) CONTENT OF REPORT.—The report required under subsection

(a)(2) shall include each of the following:

(1) Recommended strategies to mitigate the risk to the Department of Defense of losing the current manufacturer as a

source of anthrax vaccine, together with a discussion of the criteria to be applied in determining whether to carry out any of

the strategies and which strategy to carry out.

(2) Recommended strategies to ensure that the Department

of Defense can procure, from one or more sources other than the

current manufacturer, an anthrax vaccine approved by the Food

and Drug Administration that meets the requirements of the

Department if—

(A) the Food and Drug Administration does not approve the release of the anthrax vaccine available from the

current manufacturer; or

(B) the current manufacturer terminates the production

of anthrax vaccine permanently.

(3) A five-year budget to support each strategy recommended under paragraph (1) or (2).

(c) PERMISSIBLE OBLIGATIONS.—(1) This section does not limit

the obligation of funds for any of the following purposes:

(A) The support of any action that is necessary for the current manufacturer to comply with standards of the Food and

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tain or maintain a biological license application) applicable to

anthrax vaccine.

(B) Establishing an additional source (other than or in conjunction with the current manufacturer) for the production of

anthrax vaccine.

(C) Any action that the Secretary determines necessary to

ensure production of anthrax vaccine for meeting an urgent and

immediate national defense requirement.

(2) Not later than seven days after the total amount of the funds

obligated (or obligated and expended) for purposes specified in

paragraph (1) exceeds $5,000,000, the Secretary shall submit to

Congress a notification that the total obligations exceed that

amount, together with a written justification for the obligation of

funds in excess of that amount.

(d) CURRENT MANUFACTURER.—In this section, the term ‘‘current manufacturer’’ means the manufacturing source from which the

Department of Defense is procuring anthrax vaccine as of the date

of the enactment of this Act.

SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE RESEARCH AND DEVELOPMENT PROGRAMS.

(a) REPORT REQUIRED.—Not later than February 1, 2001, the

Secretary of Defense shall submit to the congressional defense committees a report on the acquisition of biological warfare defense vaccines for the Department of Defense.

(b) CONTENTS.—The report shall include the following:

(1) The Secretary’s evaluation of the implications of reliance on the commercial sector to meet the requirements of the

Department of Defense for biological warfare defense vaccines.

(2) A design for a government-owned, contractor-operated

facility for the production of biological warfare defense vaccines

that meets the requirements of the Department for such vaccines, and the assumptions on which that design is based.

(3) A preliminary cost estimate of, and schedule for, establishing and bringing into operation such a facility, and the estimated annual cost of operating such a facility thereafter.

(4) A determination, developed in consultation with the

Surgeon General, of the utility of such a facility to support the

production of vaccines for the civilian sector, and a discussion

of the effects that the use of such a facility for that purpose

might have on—

(A) the production of vaccines for the Armed Forces;

and

(B) the annual cost of operating such a facility.

(5) An analysis of the effects that international requirements for vaccines, and the production of vaccines in response

to those requirements, might have on—

(A) the production of vaccines for the Armed Forces;

and

(B) the annual cost of operating such a facility.

(c) BIOLOGICAL WARFARE DEFENSE VACCINE DEFINED.—In this

section, the term ‘‘biological warfare defense vaccine’’ means a vaccine useful for the immunization of military personnel to protect

against biological agents on the Validated Threat List issued by the

46

Joint Chiefs of Staff, whether such vaccine is in production or is

being developed.

SEC. 219. COST LIMITATIONS APPLICABLE TO F–22 AIRCRAFT PROGRAM.

(a) FLEXIBILITY IN ENGINEERING AND MANUFACTURING DEVEL- OPMENT COST CAP.—Section 217(c) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

1660) is amended by adding at the end the following new paragraph:

‘‘(3) With respect to the limitation in subsection (a), an increase by an amount that does not exceed 11⁄2 percent of the

total amount of that limitation (taking into account the increases and decreases, if any, under paragraphs (1) and (2)) if

the Director of Operational Test and Evaluation, after consulting with the Under Secretary of Defense for Acquisition,

Technology, and Logistics, determines that the increase is necessary in order to ensure adequate testing.’’.

(b) REESTABLISHMENT OF SEPARATE ENGINEERING AND MANU- FACTURING DEVELOPMENT COST CAP AND PRODUCTION COST CAP.— The provisions of subsections (a) and (b) of section 217 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law

105–85; 111 Stat. 1660) shall continue to apply with respect to

amounts obligated and expended for engineering and manufacturing development, and for production, respectively, for the F–22

aircraft program without regard to any provision of law establishing a single limitation on amounts obligated and expended for

engineering and manufacturing development and for production for

that program.

SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND

GROUND COMBAT VEHICLES.

(a) GOAL.—It shall be a goal of the Armed Forces to achieve the

fielding of unmanned, remotely controlled technology such that—

(1) by 2010, one-third of the aircraft in the operational deep

strike force aircraft fleet are unmanned; and

(2) by 2015, one-third of the operational ground combat vehicles are unmanned.

(b) REPORT ON UNMANNED ADVANCED CAPABILITY COMBAT AIR- CRAFT AND GROUND COMBAT VEHICLES.—(1) Not later than January 31, 2001, the Secretary of Defense shall submit to the congressional defense committees a report on the programs to demonstrate

unmanned advanced capability combat aircraft and ground combat

vehicles undertaken jointly between the Director of the Defense Advanced Research Projects Agency and any of the following:

(A) The Secretary of the Army.

(B) The Secretary of the Navy.

(C) The Secretary of the Air Force.

(2) The report shall include, for each program referred to in

paragraph (1), the following:

(A) A schedule for the demonstration to be carried out

under that program.

(B) An identification of the funding required for fiscal year

2002 and for the future-years defense program to carry out that

program and for the demonstration to be carried out under that

program.

47

(C) In the case of the program relating to the Army, the

plan for modification of the existing memorandum of agreement

with the Defense Advanced Research Projects Agency for demonstration and development of the Future Combat System to reflect an increase in unmanned, remotely controlled enabling

technologies.

(3) The report shall also include, for each Secretary referred to

in paragraphs (1)(A), (1)(B), and (1)(C), a description and assessment of the acquisition strategy for unmanned advanced capability

combat aircraft and ground combat vehicles planned by that Secretary, which shall include a detailed estimate of all research and

development, procurement, operation, support, ownership, and other

costs required to carry out such strategy through the year 2030,

and—

(A) in the case of the acquisition strategy relating to the

Army, the transition from the planned acquisition strategy for

the Future Combat System to an acquisition strategy capable of

meeting the goal specified in subsection (a)(2);

(B) in the case of the acquisition strategy relating to the

Navy—

(i) the plan to implement a program that examines the

ongoing Air Force unmanned combat air vehicle program

and identifies an approach to develop a Navy unmanned

combat air vehicle program that has the goal of developing

an aircraft that is suitable for aircraft carrier use and has

maximum commonality with the aircraft under the Air

Force program; and

(ii) an analysis of alternatives between the operational

deep strike force aircraft fleet and that fleet together with

an additional 10 to 20 unmanned advanced capability

combat aircraft that are suitable for aircraft carrier use

and capable of penetrating fully operational enemy air defense systems; and

(C) in the case of the acquisition strategy relating to the Air

Force—

(i) the schedule for evaluation of demonstration results

for the ongoing unmanned combat air vehicle program and

the earliest possible transition of that program into engineering and manufacturing development and procurement;

and

(ii) an analysis of alternatives between the currently

planned deep strike force aircraft fleet and the operational

deep strike force aircraft fleet that could be acquired by fiscal year 2010 to meet the goal specified in subsection (a)(1).

(c) FUNDS.—Of the amount authorized to be appropriated for

Defense-wide activities under section 201(4) for the Defense Advanced Research Projects Agency, $100,000,000 shall be available

only to carry out the programs referred to in subsection (b)(1).

(d) DEFINITIONS.—For purposes of this section:

(1) An aircraft or ground combat vehicle has ‘‘unmanned

advanced capability’’ if it is an autonomous, semi-autonomous,

or remotely controlled system that can be deployed, re-tasked,

recovered, and re-deployed.

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(2) The term ‘‘currently planned deep strike force aircraft

fleet’’ means the early entry, deep strike aircraft fleet (composed

of F–117 stealth aircraft and B–2 stealth aircraft) that is currently planned for fiscal year 2010.

(3) The term ‘‘operational deep strike force aircraft fleet’’

means the currently planned deep strike force aircraft fleet, together with at least 30 unmanned advanced capability combat

aircraft that are capable of penetrating fully operational enemy

air defense systems.

(4) The term ‘‘operational ground combat vehicles’’ means

ground combat vehicles acquired through the Future Combat

System acquisition program of the Army to equip the future objective force, as outlined in the vision statement of the Chief of

Staff of the Army.

SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED

AERIAL VEHICLE.

(a) CONCEPT DEMONSTRATION REQUIRED.—The Secretary of Defense shall require and coordinate a concept demonstration of the

Global Hawk high altitude endurance unmanned aerial vehicle.

(b) PURPOSE OF DEMONSTRATION.—The purpose of the concept

demonstration is to demonstrate the capability of the Global Hawk

high altitude endurance unmanned aerial vehicle to operate in an

airborne surveillance mode, using available, non-developmental

technology.

(c) TIME FOR DEMONSTRATION.—The Secretary shall initiate the

demonstration not later than March 1, 2001.

(d) PARTICIPATION BY CINCS.—The Secretary shall require the

commander of the United States Joint Forces Command and the

commander of the United States Southern Command jointly to provide guidance for the demonstration and otherwise to participate in

the demonstration.

(e) SCENARIO FOR DEMONSTRATION.—The demonstration shall

be conducted in a counter-drug surveillance scenario that is designed to replicate factual conditions typically encountered in the

performance of the counter-drug surveillance mission of the commander of the United States Southern Command within that commander’s area of responsibility.

(f) REPORT.—Not later than 45 days after the demonstration is

completed, the Secretary shall submit to Congress a report on the

results of the demonstration. The report shall include the following:

(1) The Secretary’s assessment of the technical feasibility of

using the Global Hawk high altitude endurance unmanned aerial vehicle for airborne air surveillance.

(2) A discussion of the operational concept for the use of the

vehicle for that purpose.

(g) FUNDING.—Of the funds authorized to be appropriated by

section 301(20) for Drug Interdiction and Counter-drug Activities,

Defense-wide, $18,000,000 shall be available for the concept demonstration required by subsection (a), including initiation of concurrent development for an improved surveillance radar.

49

SEC. 222. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.

Of the funds authorized to be appropriated under section 201(1)

for Army space control technology, $3,000,000 shall be available for

the kinetic energy anti-satellite technology program.

Subtitle C—Ballistic Missile Defense

SEC. 231. FUNDING FOR FISCAL YEAR 2001.

Of the funds authorized to be appropriated in section 201(4),

$1,875,238,000 shall be available for the National Missile Defense

program.

SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH

KOREA.

(a) REPORT ON BALLISTIC MISSILE THREAT.—Not later than two

weeks after the next flight test by North Korea of a long-range ballistic missile, the President shall submit to Congress, in classified

and unclassified form, a report on the North Korean ballistic missile threat to the United States. The report shall include the following:

(1) An assessment of the current North Korean missile

threat to the United States.

(2) An assessment of whether the United States is capable

of defeating the North Korean long-range missile threat to the

United States as of the date of the report.

(3) An assessment of when the United States will be capable of defeating the North Korean missile threat to the United

States.

(4) An assessment of the potential for proliferation of North

Korean missile technologies to other states and whether such

proliferation will accelerate the development of additional longrange ballistic missile threats to the United States.

(b) REPORT ON REDUCING VULNERABILITY.—Not later than two

weeks after the next flight test by North Korea of a long-range ballistic missile, the President shall submit to Congress a report providing the following:

(1) Any additional steps the President intends to take to reduce the period of time during which the Nation is vulnerable

to the North Korean long-range ballistic missile threat.

(2) The technical and programmatic viability of testing any

other missile defense systems against targets with flight characteristics similar to the North Korean long-range missile threat,

and plans to do so if such tests are considered to be a viable

alternative.

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

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

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

SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.

(a) PLAN.—The Director of the Ballistic Missile Defense Organization shall develop a plan to adapt ballistic missile defense systems and architectures to counter potential threats to the United

States, United States forces deployed outside the United States, and

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other United States national security interests that are posed by

longer range medium-range ballistic missiles and intermediaterange ballistic missiles.

(b) USE OF SPACE-BASED SENSORS INCLUDED.—The plan shall

include—

(1) potential use of space-based sensors, including the

Space-Based Infrared System (SBIRS) Low and Space-Based

Infrared System (SBIRS) High, Navy theater missile defense assets, upgrades of land-based theater missile defenses, the airborne laser, and other assets available in the European theater;

and

(2) a schedule for ground and flight testing against the

identified threats.

(c) REPORT.—The Secretary of Defense shall assess the plan

and, not later than February 15, 2001, shall submit to the congressional defense committees a report on the results of the assessment.

SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM.

(a) OVERSIGHT OF FUNDING, SCHEDULE, AND TECHNICAL RE- QUIREMENTS.—With respect to the program known as of the date of

the enactment of this Act as the ‘‘Airborne Laser’’ program, the Secretary of Defense shall require that the Secretary of the Air Force

obtain the concurrence of the Director of the Ballistic Missile Defense Organization before the Secretary—

(1) makes any change to the funding plan or schedule for

that program that would delay to a date later than September

30, 2003, the first test of the airborne laser that is intended to

destroy a ballistic missile in flight;

(2) makes any change to the funding plan for that program

in the future-years defense program that would delay the initial

operational capability of the airborne laser; and

(3) makes any change to the technical requirements of the

airborne laser that would significantly reduce its ballistic missile defense capabilities.

(b) REPORT.—Not later than February 15, 2001, the Director of

the Ballistic Missile Defense Organization shall submit to the congressional defense committees a report, to be prepared in coordination with the Secretary of the Air Force, on the role of the airborne

laser in the family of systems missile defense architecture developed

by the Director of the Ballistic Missile Defense Organization and the

Director of the Joint Theater Air and Missile Defense Organization.

The report shall be submitted in unclassified and, if necessary, classified form. The report shall include the following:

(1) An assessment by the Secretary of the Air Force and the

Director of the Ballistic Missile Defense Organization of the

funding plan for that program required to achieve the schedule

identified in paragraphs (1) and (2) of subsection (a).

(2) Potential future airborne laser roles in that architecture.

(3) An assessment of the effect of deployment of the airborne

laser on requirements for theater ballistic missile defense systems.

(4) An assessment of the cost effectiveness of the airborne

laser compared to other ballistic missile defense systems.

(5) An assessment of the relative significance of the airborne laser in the family of systems missile defense architecture.

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Subtitle D—High Energy Laser Programs

SEC. 241. FUNDING.

(a) FUNDING FOR FISCAL YEAR 2001.—(1) Of the amount au- thorized to be appropriated by section 201(4), $30,000,000 is authorized for high energy laser development.

(2) Funds available under this subsection are available to supplement the high energy laser programs of the military departments

and Defense Agencies, as determined by the official designated

under section 243.

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

(1) the Department of Defense should establish funding for

high energy laser programs within the science and technology

programs of each of the military departments and the Ballistic

Missile Defense Organization; and

(2) the Secretary of Defense should establish a goal that

basic, applied, and advanced research in high energy laser technology should constitute at least 4.5 percent of the total science

and technology budget of the Department of Defense by fiscal

year 2004.

SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.

The Secretary of Defense shall implement the management and

organizational structure specified in the Department of Defense

High Energy Laser Master Plan of March 24, 2000.

SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY

LASER PROGRAMS.

(a) DESIGNATION.—The Secretary of Defense shall designate a

single senior civilian official in the Office of the Secretary of Defense

(in this subtitle referred to as the ‘‘designated official’’) to chair the

High Energy Laser Technology Council called for in the master plan

referred to in section 242 and to carry out responsibilities for the

programs for which funds are provided under this subtitle. The designated official shall report directly to the Under Secretary of Defense for Acquisition, Technology, and Logistics for matters concerning the responsibilities specified in subsection (b).

(b) RESPONSIBILITIES.—The primary responsibilities of the designated official shall include the following:

(1) Establishment of priorities for the high energy laser programs of the military departments and the Defense Agencies.

(2) Coordination of high energy laser programs among the

military departments and the Defense Agencies.

(3) Identification of promising high energy laser technologies for which funding should be a high priority for the Department of Defense and establishment of priority for funding

among those technologies.

(4) Preparation, in coordination with the Secretaries of the

military departments and the Directors of the Defense Agencies,

of a detailed technology plan to develop and mature high energy

laser technologies.

(5) Planning and programming appropriate to rapid evolution of high energy laser technology.

(6) Ensuring that high energy laser programs of each military department and the Defense Agencies are initiated and

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managed effectively and are complementary with programs

managed by the other military departments and Defense Agencies and by the Office of the Secretary of Defense.

(7) Ensuring that the high energy laser programs of the

military departments and the Defense Agencies comply with the

requirements specified in subsection (c).

(c) COORDINATION AND FUNDING BALANCE.—In carrying out the

responsibilities specified in subsection (b), the designated official

shall ensure that—

(1) high energy laser programs of each military department

and of the Defense Agencies are consistent with the priorities

identified in the designated official’s planning and programming activities;

(2) funding provided by the Office of the Secretary of Defense for high energy laser research and development complements high energy laser programs for which funds are provided by the military departments and the Defense Agencies;

(3) programs, projects, and activities to be carried out by

the recipients of such funds are selected on the basis of appropriate competitive procedures or Department of Defense peer review process;

(4) beginning with fiscal year 2002, funding from the Office

of the Secretary of Defense in applied research and advanced

technology development program elements is not applied to

technology efforts in support of high energy laser programs that

are not funded by a military department or the Defense Agencies; and

(5) funding from the Office of the Secretary of Defense to

complement an applied research or advanced technology development high energy laser program for which funds are provided

by one of the military departments or the Defense Agencies do

not exceed the amount provided by the military department or

the Defense Agencies for that program.

SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE.

(a) DEADLINE FOR SELECTION OF SITE.—The Secretary of Defense shall locate the Joint Technology Office called for in the High

Energy Laser Master Plan referred to in section 242 at a location

determined appropriate by the Secretary not later than 30 days after

the date of the enactment of this Act.

(b) CONSIDERATION OF SITE.—In determining the location of the

Joint Technology Office, the Secretary shall, in consultation with

the Deputy Under Secretary of Defense for Science and Technology,

assess—

(1) cost;

(2) accessibility between the Office and the Armed Forces

and senior Department of Defense leaders; and

(3) the advantages and disadvantages of locating the Office

at a site at which occurs a substantial proportion of the directed

energy research, development, test, and evaluation activities of

the Department of Defense.

SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.

(a) ENHANCEMENT OF INDUSTRIAL BASE.—The Secretary of Defense shall consider, evaluate, and undertake to the extent approVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00082 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.037 pfrm03 PsN: HR945
53

priate initiatives, including investment initiatives, to enhance the

industrial base to support military applications of high energy laser

technologies and systems.

(b) ENHANCEMENT OF TEST AND EVALUATION CAPABILITIES.— The Secretary of Defense shall consider modernizing the High Energy Laser Test Facility at White Sands Missile Range, New Mexico,

in order to enhance the test and evaluation capabilities of the Department of Defense with respect to high energy laser weapons.

SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES.

(a) MEMORANDUM OF AGREEMENT WITH NNSA.—(1) The Secretary of Defense and the Administrator for Nuclear Security of the

Department of Energy shall enter into a memorandum of agreement

to conduct joint research and development on military applications

of high energy lasers.

(2) The projects pursued under the memorandum of

agreement—

(A) shall be of mutual benefit to the national security programs of the Department of Defense and the National Nuclear

Security Administration of the Department of Energy;

(B) shall be prioritized jointly by officials designated to do

so by the Secretary of Defense and the Administrator; and

(C) shall be consistent with the technology plan prepared

pursuant to section 243(b)(4) and the requirements identified in

section 243(c).

(3) The costs of each project pursued under the memorandum

of agreement shall be shared equally by the Department of Defense

and the National Nuclear Security Administration.

(4) The memorandum of agreement shall provide for appropriate peer review of projects pursued under the memorandum of

agreement.

(b) EVALUATION OF OTHER COOPERATIVE PROGRAMS AND ACTIVITIES.—The Secretary of Defense shall evaluate the feasibility

and advisability of entering into cooperative programs or activities

with other Federal agencies, institutions of higher education, and

the private sector for the purpose of enhancing the programs,

projects, and activities of the Department of Defense relating to high

energy laser technologies, systems, and weapons.

SEC. 247. TECHNOLOGY PLAN.

The designated official shall submit to the congressional defense committees by February 15, 2001, the technology plan prepared pursuant to section 243(b)(4). The report shall be submitted

in unclassified and, if necessary, classified form.

SEC. 248. ANNUAL REPORT.

Not later than February 15 of 2001, 2002, and 2003, the Secretary of Defense shall submit to the congressional defense committees a report on the high energy laser programs of the Department

of Defense. Each report shall include an assessment of the following:

(1) The adequacy of the management structure of the Department of Defense for the high energy laser programs.

(2) The funding available for the high energy laser programs.

(3) The technical progress achieved for the high energy

laser programs.

54

(4) The extent to which goals and objectives of the high energy laser technology plan have been met.

SEC. 249. DEFINITION.

For purposes of this subtitle, the term ‘‘high energy laser’’

means a laser that has average power in excess of one kilowatt and

that has potential weapons applications.

SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.

(a) EVALUATION.—The Secretary of Defense, in consultation

with the Deputy Under Secretary of Defense for Science and Technology, shall evaluate expansion of the High Energy Laser management structure specified in section 242 for possible inclusion in that

management structure of science and technology programs in related areas, including the following:

(1) High power microwave technologies.

(2) Low energy and nonlethal laser technologies.

(3) Other directed energy technologies.

(b) CONSIDERATION OF PRIOR STUDY.—The evaluation under

subsection (a) shall take into consideration the July 1999 Department of Defense study on streamlining and coordinating science and

technology and research, development, test, and evaluation within

the Department of Defense.

(c) REPORT.—The Secretary of Defense shall submit to the congressional defense committees a report on the findings of the evaluation under subsection (a). The report shall be submitted not later

than March 15, 2001.

Subtitle E—Other Matters

SEC. 251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND POTENTIAL USE FOR CERTAIN PURPOSES OF TECHNOLOGIES ASSOCIATED WITH THAT CONCEPT.

(a) REPORT ON MERITS OF MOBILE OFFSHORE BASE CONCEPT.— Not later than March 1, 2001, the Secretary of Defense shall submit

to the congressional defense committees a report on the mobile offshore base concept. The report shall include the following:

(1) A cost-benefit analysis of the mobile offshore base, using

operational concepts that would support the National Military

Strategy.

(2) A recommendation regarding whether to proceed with

the mobile offshore base as a program and, if so—

(A) a statement regarding which of the Armed Forces

is to be designated to have the lead responsibility for the

program; and

(B) a schedule for the program.

(b) REPORT ON POTENTIAL USE FOR CERTAIN PURPOSES OF ASSOCIATED TECHNOLOGIES.—Not later than March 1, 2001, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential use of technologies associated with the

mobile offshore base concept. The report shall include an assessment

of the potential application and feasibility of using existing technologies, including those technologies associated with the mobile offshore base concept, to a sea-based landing platform for support of

naval aviation training.

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SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.

(a) REQUIREMENT FOR REVIEW.—The Secretary of the Air Force

shall conduct a review of the long-term challenges and short-term

objectives of the Air Force science and technology programs. The

Secretary shall complete the review not later than one year after the

date of the enactment of this Act.

(b) MATTERS TO BE REVIEWED.—The review shall include the

following:

(1) An assessment of the budgetary resources that are being

used for fiscal year 2001 for addressing the long-term challenges and the short-term objectives of the Air Force science and

technology programs.

(2) The budgetary resources that are necessary to address

those challenges and objectives adequately.

(3) A course of action for each projected or ongoing Air

Force science and technology program that does not address either the long-term challenges or the short-term objectives.

(4) The matters required under subsection (c)(5) and (d)(6).

(c) LONG-TERM CHALLENGES.—(1) The Secretary of the Air

Force shall establish an integrated product team to identify highrisk, high-payoff challenges that will provide a long-term focus and

motivation for the Air Force science and technology programs over

the next 20 to 50 years following the enactment of this Act. The integrated product team shall include representatives of the Office of

Scientific Research and personnel from the Air Force Research Laboratory.

(2) The team shall solicit views from the entire Air Force science

and technology community on the matters under consideration by

the team.

(3) The team—

(A) shall select for consideration science and technology

challenges that involve—

(i) compelling requirements of the Air Force;

(ii) high-risk, high-payoff areas of exploration; and

(iii) very difficult, but probably achievable, results; and

(B) should not select a linear extension of any ongoing Air

Force science and technology program for consideration as a

science and technology challenge under subparagraph (A).

(4) The Deputy Assistant Secretary of the Air Force for Science,

Technology, and Engineering shall designate a technical coordinator and a management coordinator for each science and technology challenge identified pursuant to this subsection. Each technical coordinator shall have sufficient expertise in fields related to

the challenge to be able to identify other experts in such fields and

to affirm the credibility of the challenge. The coordinator for a

science and technology challenge shall conduct workshops within

the relevant scientific and technological community to obtain suggestions for possible approaches to addressing the challenge and to

identify ongoing work that addresses the challenge, deficiencies in

current work relating to the challenge, and promising areas of research.

(5) In carrying out subsection (a), the Secretary of the Air Force

shall review the science and technology challenges identified pursuant to this subsection and, for each such challenge, at a minimum—

56

(A) consider the results of the workshops conducted pursuant to paragraph (4); and

(B) identify any work not currently funded by the Air Force

that should be performed to meet the challenge.

(d) SHORT-TERM OBJECTIVES.—(1) The Secretary of the Air

Force shall establish a task force to identify short-term technological

objectives of the Air Force science and technology programs. The

task force shall be chaired by the Deputy Assistant Secretary of the

Air Force for Science, Technology, and Engineering and shall include representatives of the Chief of Staff of the Air Force and the

specified combatant commands of the Air Force.

(2) The task force shall solicit views from the entire Air Force

requirements community, user community, and acquisition community.

(3) The task force shall select for consideration short-term objectives that involve—

(A) compelling requirements of the Air Force;

(B) support in the user community; and

(C) likely attainment of the desired benefits within a fiveyear period.

(4) The Deputy Assistant Secretary of the Air Force for Science,

Technology, and Engineering shall establish an integrated product

team for each short-term objective identified pursuant to this subsection. Each integrated product team shall include representatives

of the requirements community, the user community, and the science

and technology community with relevant expertise.

(5) The integrated product team for a short-term objective shall

be responsible for—

(A) identifying, defining, and prioritizing the enabling capabilities that are necessary for achieving the objective;

(B) identifying deficiencies in the enabling capabilities that

must be addressed if the short-term objective is to be achieved;

and

(C) working with the Air Force science and technology community to identify science and technology projects and programs that should be undertaken to eliminate each deficiency

in an enabling capability.

(6) In carrying out subsection (a), the Secretary of the Air Force

shall review the short-term science and technology objectives identified pursuant to this subsection and, for each such objective, at a

minimum—

(A) consider the work of the integrated product team conducted pursuant to paragraph (5); and

(B) identify the science and technology work of the Air

Force that should be undertaken to eliminate each deficiency in

enabling capabilities that is identified by the integrated product

team pursuant to subparagraph (B) of that paragraph.

(e) COMPTROLLER GENERAL REVIEW.—(1) Not later than 90

days after the Secretary of the Air Force completes the review required by subsection (a), the Comptroller General shall submit to

Congress a report on the results of the review. The report shall include the Comptroller General’s assessment regarding the extent to

which the review was conducted in compliance with the requirements of this section.

57

(2) Immediately upon completing the review required by subsection (a), the Secretary of Defense shall notify the Comptroller

General of the completion of the review. For the purposes of paragraph (1), the date of the notification shall be considered the date

of the completion of the review.

SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION

PARTNERSHIPS FOR PURPOSES OF ENCOURAGING SCIENTIFIC STUDY.

(a) ASSISTANCE IN SUPPORT OF PARTNERSHIPS.—Subsection (b)

of section 2194 of title 10, United States Code, is amended—

(1) in the matter preceding paragraph (1), by inserting ‘‘,

and is encouraged to provide,’’ after ‘‘may provide’’;

(2) in paragraph (1), by inserting before the semicolon the

following: ‘‘for any purpose and duration in support of such

agreement that the director considers appropriate’’; and

(3) by striking paragraph (2) and inserting the following

new paragraph (2):

‘‘(2) notwithstanding the provisions of the Federal Property

and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.)

or any provision of law or regulation relating to transfers of

surplus property, transferring to the institution any computer

equipment, or other scientific equipment, that is—

‘‘(A) commonly used by educational institutions;

‘‘(B) surplus to the needs of the defense laboratory; and

‘‘(C) determined by the director to be appropriate for

support of such agreement;’’.

(b) DEFENSE LABORATORY DEFINED.—Subsection (e) of that section is amended to read as follows:

‘‘(e) In this section:

‘‘(1) The term ‘defense laboratory’ means any laboratory,

product center, test center, depot, training and educational organization, or operational command under the jurisdiction of

the Department of Defense.

‘‘(2) The term ‘local educational agency’ has the meaning

given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).’’.

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.

(a) FINDINGS.—Congress makes the following findings:

(1) The contributions of the Nation’s scientific community

and of science research to the victory of the United States and

its allies in World War II resulted in the understanding that

science and technology are of critical importance to the future

security of the Nation.

(2) Academic institutions and oceanographers provided

vital support to the Navy and the Marine Corps during World

War II.

(3) Congress created the Office of Naval Research in the Department of the Navy in 1946 to ensure the availability of resources for research in oceanography and other fields related to

the missions of the Navy and Marine Corps.

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(4) The Office of Naval Research of the Department of the

Navy, in addition to its support of naval research within the

Federal Government, has also supported the conduct of oceanographic and scientific research through partnerships with educational and scientific institutions throughout the Nation.

(5) These partnerships have long been recognized as among

the most innovative and productive research partnerships ever

established by the Federal Government and have resulted in a

vast improvement in understanding of basic ocean processes

and the development of new technologies critical to the security

and defense of the Nation.

(b) CONGRESSIONAL RECOGNITION AND APPRECIATION.— Congress—

(1) applauds the commitment and dedication of the officers,

scientists, researchers, students, and administrators who were

instrumental to the program of partnerships for oceanographic

and scientific research between the Federal Government and

academic institutions, including those individuals who helped

forge that program before World War II, implement it during

World War II, and improve it throughout the Cold War;

(2) recognizes that the Nation, in ultimately prevailing in

the Cold War, relied to a significant extent on research supported by, and technologies developed through, those partnerships and, in particular, on the superior understanding of the

ocean environment generated through that research;

(3) supports efforts by the Secretary of the Navy and the

Chief of Naval Research to honor those individuals, who contributed so greatly and unselfishly to the naval mission and the

national defense, through those partnerships during the period

beginning before World War II and continuing through the end

of the Cold War; and

(4) expresses appreciation for the ongoing efforts of the Office of Naval Research to support oceanographic and scientific

research and the development of researchers in those fields, to

ensure that such partnerships will continue to make important

contributions to the defense and the general welfare of the Nation.

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.

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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.

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 publicprivate 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.

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.

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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.

Subtitle A—Authorization of

Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $19,280,381,000.

(2) For the Navy, $23,766,610,000.

(3) For the Marine Corps, $2,826,291,000.

(4) For the Air Force, $22,395,221,000.

(5) For Defense-wide activities, $11,740,569,000.

(6) For the Army Reserve, $1,561,418,000.

(7) For the Naval Reserve, $978,946,000.

(8) For the Marine Corps Reserve, $144,159,000.

(9) For the Air Force Reserve, $1,903,859,000.

(10) For the Army National Guard, $3,233,835,000.

(11) For the Air National Guard, $3,468,375,000.

(12) For the Defense Inspector General, $144,245,000.

(13) For the United States Court of Appeals for the Armed

Forces, $8,574,000.

(14) For Environmental Restoration, Army, $389,932,000.

(15) For Environmental Restoration, Navy, $294,038,000.

(16) For Environmental Restoration, Air Force,

$376,300,000.

(17) For Environmental Restoration, Defense-wide,

$21,412,000.

(18) For Environmental Restoration, Formerly Used Defense Sites, $231,499,000.

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(19) For Overseas Humanitarian, Disaster, and Civic Aid

programs, $55,900,000.

(20) For Drug Interdiction and Counter-drug Activities, Defense-wide, $869,000,000.

(21) For the Kaho’olawe Island Conveyance, Remediation,

and Environmental Restoration Trust Fund, $25,000,000.

(22) For Defense Health Program, $11,480,123,000.

(23) For Cooperative Threat Reduction programs,

$443,400,000.

(24) For Overseas Contingency Operations Transfer Fund,

$4,100,577,000.

(25) For Quality of Life Enhancements, Defense-Wide,

$10,500,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working

capital and revolving funds in amounts as follows:

(1) For the Defense Working Capital Funds, $916,276,000.

(2) For the National Defense Sealift Fund, $388,158,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year

2001 from the Armed Forces Retirement Home Trust Fund the sum

of $69,832,000 for the operation of the Armed Forces Retirement

Home, including the United States Soldiers’ and Airmen’s Home

and the Naval Home.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

(a) TRANSFER AUTHORITY.—To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be

transferred from the National Defense Stockpile Transaction Fund

to operation and maintenance accounts for fiscal year 2001 in

amounts as follows:

(1) For the Army, $50,000,000.

(2) For the Navy, $50,000,000.

(3) For the Air Force, $50,000,000.

(b) TREATMENT OF TRANSFERS.—Amounts transferred under

this section—

(1) shall be merged with, and be available for the same

purposes and the same period as, the amounts in the accounts

to which transferred; and

(2) may not be expended for an item that has been denied

authorization of appropriations by Congress.

(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The transfer authority provided in this section is in addition to the transfer

authority provided in section 1001.

SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.

Of the total amount authorized to be appropriated under section

301(5) for operation and maintenance for Defense-wide activities for

the Joint Staff, $4,000,000 is available only for the improvement of

the performance of analyses by the joint warfighting capabilities assessment teams of the Joint Requirements Oversight Council.

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Subtitle B—Environmental Provisions

SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL RESTORATION ACCOUNT AND USE OF ACCOUNTS FOR OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES.

(a) ACCOUNT FOR FORMERLY USED DEFENSE SITES.—Subsection (a) of section 2703 of title 10, United States Code, is amended by adding at the end the following new paragraph:

‘‘(5) An account to be known as the ‘Environmental Restoration Account, Formerly Used Defense Sites’.’’.

(b) OPERATION AND MONITORING OF ENVIRONMENTAL REMEDIES.—Such section is further amended by adding at the end the

following new subsection:

‘‘(f) SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING

OF ENVIRONMENTAL REMEDIES.—(1) The sole source of funds for all

phases of an environmental remedy at a site under the jurisdiction

of the Department of Defense or a formerly used defense site shall

be the applicable environmental restoration account established

under subsection (a).

‘‘(2) In this subsection, the term ‘environmental remedy’ has the

meaning given the term ‘remedy’ in section 101 of CERCLA (42

U.S.C. 9601).’’.

SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES.

Subsection (b) of section 2703 of title 10, United States Code,

is amended to read as follows:

‘‘(b) OBLIGATION OF AUTHORIZED AMOUNTS.—(1) Funds authorized for deposit in an account under subsection (a) may be obligated

or expended from the account only—

‘‘(A) to carry out the environmental restoration functions of

the Secretary of Defense and the Secretaries of the military departments under this chapter and under any other provision of

law; and

‘‘(B) to pay for the costs of permanently relocating a facility

because of a release or threatened release of hazardous substances, pollutants, or contaminants from—

‘‘(i) real property on which the facility is located and

that is currently under the jurisdiction of the Secretary of

Defense or the Secretary of a military department; or

‘‘(ii) real property on which the facility is located and

that was under the jurisdiction of the Secretary of Defense

or the Secretary of a military department at the time of the

actions leading to the release or threatened release.

‘‘(2) The authority provided by paragraph (1)(B) expires September 30, 2003. The Secretary of Defense or the Secretary of a military department may not pay the costs of permanently relocating a

facility under such paragraph unless the Secretary—

‘‘(A) determines that permanent relocation—

‘‘(i) is the most cost effective method of responding to

the release or threatened release of hazardous substances,

pollutants, or contaminants from the real property on

which the facility is located;

‘‘(ii) has the approval of relevant regulatory agencies;

and

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‘‘(iii) is supported by the affected community; and

‘‘(B) submits to Congress written notice of the determination

before undertaking the permanent relocation of the facility, including a description of the response action taken or to be taken

in connection with the permanent relocation and a statement of

the costs incurred or to be incurred in connection with the permanent relocation.

‘‘(3) If relocation costs are to be paid under paragraph (1)(B)

with respect to a facility located on real property described in clause

(ii) of such paragraph, the Secretary of Defense or the Secretary of

the military department concerned may use only fund transfer

mechanisms otherwise available to the Secretary.

‘‘(4) Funds authorized for deposit in an account under subsection (a) shall remain available until expended. Not more than 5

percent of the funds deposited in an account under subsection (a) for

a fiscal year may be used to pay relocation costs under paragraph

(1)(B).’’.

SEC. 313. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM.

(a) REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SCIENTIFIC ADVISORY BOARD.—Section 2904 of title 10, United States

Code, is amended—

(1) by striking subsection (h); and

(2) by redesignating subsection (i) as subsection (h).

(b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL REPORTS OF

COUNCIL.—Section 2902(d)(3) of such title is amended by adding at

the end the following new subparagraph:

‘‘(D) A summary of the actions of the Strategic Environmental Research and Development Program Scientific

Advisory Board during the year preceding the year in

which the report is submitted and any recommendations,

including recommendations on program direction and legislation, that the Advisory Board considers appropriate regarding the program.’’.

SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL

COMPLIANCE AT FORT WAINWRIGHT, ALASKA.

The Secretary of Defense, or the Secretary of the Army, may

pay, as part of a settlement of liability, a fine or penalty of not more

than $2,000,000 for matters addressed in the Notice of Violation

issued on March 5, 1999, by the Administrator of the Environmental Protection Agency to Fort Wainwright, Alaska.

SEC. 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRONMENTAL COMPLIANCE VIOLATIONS AT OTHER DEPARTMENT OF DEFENSE FACILITIES.

(a) ARMY VIOLATIONS.—Using amounts authorized to be appropriated by section 301(1) for operation and maintenance for the

Army, the Secretary of the Army may pay the following amounts in

connection with environmental compliance violations at the following locations:

(1) $993,000 for a supplemental environmental project to

implement an installation-wide hazardous substance management system at Walter Reed Army Medical Center, Washington,

District of Columbia, in satisfaction of a fine imposed by EnviVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00093 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.041 pfrm03 PsN: HR945
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ronmental Protection Agency Region 3 under the Solid Waste

Disposal Act (42 U.S.C. 6901 et seq.). (2) $377,250 for a supplemental environmental project to

install new parts washers at Fort Campbell, Kentucky, in satisfaction of a fine imposed by Environmental Protection Agency

Region 4 under the Solid Waste Disposal Act. (3) $20,701 for a supplemental environmental project to upgrade the wastewater treatment plant at Fort Gordon, Georgia,

in satisfaction of a fine imposed by the State of Georgia under

the Solid Waste Disposal Act. (4) $78,500 for supplemental environmental projects to reduce the generation of hazardous waste at Pueblo Chemical

Depot, Colorado, in satisfaction of a fine imposed by the State

of Colorado under the Solid Waste Disposal Act. (5) $20,000 for a supplemental environmental project to repair cracks in floors of igloos used to store munitions hazardous

waste at Deseret Chemical Depot, Utah, in satisfaction of a fine

imposed by the State of Utah under the Solid Waste Disposal

Act.

(6) $7,975 for payment to the Texas Natural Resource Conservation Commission of a cash penalty for permit violations

assessed with respect to Fort Sam Houston, Texas, under the

Solid Waste Disposal Act.

(b) NAVY VIOLATIONS.—Using amounts authorized to be appropriated by section 301(2) for operation and maintenance for the

Navy, the Secretary of the Navy may pay the following amounts in

connection with environmental compliance violations at the following locations: (1) $108,800 for payment to the West Virginia Division of

Environmental Protection of a cash penalty with respect to Allegany Ballistics Laboratory, West Virginia, under the Solid

Waste Disposal Act. (2) $5,000 for payment to Environmental Protection Agency

Region 6 of a cash penalty with respect to Naval Air Station,

Corpus Christi, Texas, under the Clean Air Act (42 U.S.C.

7401).

(3) $1,650 for payment to Environmental Protection Agency

Region 3 of a cash penalty with respect to Marine Corps Combat Development Command, Quantico, Virginia, under the

Clean Air Act.

SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION

WITH THE FORMER NANSEMOND ORDNANCE DEPOT SITE,

SUFFOLK, VIRGINIA.

(a) AUTHORITY.—The Secretary of Defense may pay, using funds

described in subsection (b), not more than $98,210 to the Former

Nansemond Ordnance Depot Site Special Account within the Hazardous Substance Superfund established by section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the Environmental Protection Agency for costs incurred by the agency in

overseeing a time critical removal action under CERCLA being performed by the Department of Defense under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond Ordnance Depot Site, Suffolk, Virginia, pursuant to an Interagency Agreement entered into by the DeVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00094 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.041 pfrm03 PsN: HR945
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partment of the Army and the Environmental Protection Agency on

January 3, 2000.

(b) SOURCE OF FUNDS.—Any payment under subsection (a)

shall be made using amounts authorized to be appropriated by section 301 to the Environmental Restoration Account, Formerly Used

Defense Sites, established by paragraph (5) of section 2703(a) of title

10, United States Code, as added by section 311(a) of this Act.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘CERCLA’’ means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.).

(2) The term ‘‘Defense Environmental Restoration Program’’

means the program of environmental restoration carried out

under chapter 160 of title 10, United States Code.

SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO

PROTECT NATIONAL SECURITY AND ENHANCE MILITARY

READINESS.

Nothing in the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.) or the regulations implementing such law shall

require the Secretary of Defense or the Secretary of a military department to prepare a programmatic, nation-wide environmental

impact statement for low-level flight training as a precondition to

the use by the Armed Forces of an airspace for the performance of

low-level training flights.

SEC. 318. SHIP DISPOSAL PROJECT.

(a) CONTINUATION OF PROJECT; PURPOSE.—During fiscal year

2001, the Secretary of the Navy shall continue to carry out the ship

disposal project within the United States to permit the Secretary to

assemble appropriate data on the cost of scrapping naval vessels.

(b) USE OF COMPETITIVE PROCEDURES.—The Secretary shall

use competitive procedures to award all task orders under the primary contracts under the ship disposal project.

(c) REPORT.—Not later than December 31, 2000, the Secretary

shall submit to the congressional defense committees a report on the

ship disposal project. The report shall contain the following:

(1) A description of the competitive procedures used for the

solicitation and award of all task orders under the project.

(2) A description of the task orders awarded under the

project.

(3) An assessment of the results of the project as of the date

of the report, including the performance of contractors under

the project.

(4) The proposed strategy of the Navy for future procurement of ship scrapping activities.

SEC. 319. DEFENSE ENVIRONMENTAL SECURITY CORPORATE INFORMATION MANAGEMENT PROGRAM.

(a) MANAGEMENT AND OVERSIGHT OF PROGRAM.—The Chief Information Officer of the Department of Defense shall ensure that

management and oversight of the Defense Environmental Security

Corporate Information Management Program is consistent with the

requirements of the Clinger-Cohen Act of 1996 (divisions D and E

of Public Law 104–106), section 2223 of title 10, United States

Code, Department of Defense Directives 5000.1, 5000.2–R, and

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5137.1, and all other laws, directives, regulations, and management

controls applicable to investment in information technology and related services.

(b) PROGRAM REPORT REQUIRED.—Not later than 60 days after

the date of the enactment of this Act, the Secretary of Defense shall

submit to the congressional defense committees a report on the Defense Environmental Security Corporate Information Management

Program.

(c) MISSION.—The report shall include a mission statement and

strategic objectives for the Defense Environmental Security Corporate Information Management Program, including the recommendations of the Secretary for the future mission and objectives

of the Program.

(d) PERSONNEL, ORGANIZATION, AND OVERSIGHT.—The report

shall include—

(1) the personnel requirements and organizational structure

of the Defense Environmental Security Corporate Information

Management Program to carry out the mission statement; and

(2) a discussion of—

(A) the means by which the Program will ensure program accountability, including accountability for all past,

current, and future activities funded under the Program;

and

(B) the role of the Chief Information Officer of the Department of Defense in ensuring program accountability as

required by subsection (a).

(e) PROGRAM ACTIVITIES.—The report shall include a discussion

of the means by which the Defense Environmental Security Corporate Information Management Program will address or provide—

(1) information access procedures that keep pace with current and evolving requirements for information access;

(2) data standardization and systems integration;

(3) product failures and cost-effective results;

(4) user confidence and utilization; and

(5) program continuity.

SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.

(a) REPORT REQUIRED.—Not later than February 1, 2001, the

Secretary of the Army shall submit to the congressional defense

committees a report on the Plasma Energy Pyrolysis System.

(b) REPORT ELEMENTS.—The report on the Plasma Energy Pyrolysis System shall include the following:

(1) An analysis of available information and data on the

fixed-transportable unit demonstration phase of the System and

on the mobile unit demonstration phase of the System.

(2) Recommendations regarding future applications for

each phase of the System described in paragraph (1).

(3) A statement of the projected funding for such future applications.

SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL RESTORATION OF FORMER DEFENSE MANUFACTURING SITE,

SANTA CLARITA, CALIFORNIA.

It is the sense of the Congress that—

(1) there exists a 1,000-acre former defense manufacturing

site in Santa Clarita, California (known as the ‘‘Santa Clarita

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site’’), that could be environmentally restored to serve a future

role in the community, and every effort should be made to apply

all known public and private sector innovative technologies to

restore the Santa Clarita site to productive use for the benefit

of the community; and

(2) the experience gained from environmental restoration at

the Santa Clarita site by private and public sector partnerships

has the potential to benefit not only the community of Santa

Clarita, but all sites in need of environmental restoration.

Subtitle C—Commissaries and

Nonappropriated Fund Instrumentalities

SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING EXPENSES OF COMMISSARY STORES.

(a) IN GENERAL.—(1) Section 2484 of title 10, United States

Code, is amended to read as follows:

‘‘§ 2484. Commissary stores: use of appropriated funds to

cover operating expenses

‘‘(a) OPERATION OF AGENCY AND SYSTEM.—Except as otherwise

provided in this title, the operation of the Defense Commissary

Agency and the defense commissary system may be funded using

such amounts as are appropriated for such purpose.

‘‘(b) OPERATING EXPENSES OF COMMISSARY STORES.—Appropriated funds may be used to cover the expenses of operating commissary stores and central product processing facilities of the defense commissary system. For purposes of this subsection, operating

expenses include the following:

‘‘(1) Salaries and wages of employees of the United States,

host nations, and contractors supporting commissary store operations.

‘‘(2) Utilities.

‘‘(3) Communications.

‘‘(4) Operating supplies and services.

‘‘(5) Second destination transportation costs within or outside the United States.

‘‘(6) Any cost associated with above-store-level management

or other indirect support of a commissary store or a central

product processing facility, including equipment maintenance

and information technology costs.’’.

(2) The table of sections at the beginning of chapter 147 of such

title is amended by striking the item relating to section 2484 and

inserting the following new item:

‘‘2484. Commissary stores: use of appropriated funds to cover operating expenses.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2001.

SEC. 332. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE

GOODS AND SERVICES TO COVER CERTAIN EXPENSES.

(a) ADJUSTMENT REQUIRED.—Section 2486 of title 10, United

States Code, is amended—

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(1) in subsection (c), by striking ‘‘section 2484(b) or’’ and inserting ‘‘subsection (d) or section’’; and

(2) in subsection (d)—

(A) in paragraph (1), by striking ‘‘sections 2484 and’’

and inserting ‘‘section’’; and

(B) by adding at the end the following new paragraph:

‘‘(3) The sales price of merchandise and services sold in, at, or

by commissary stores shall be adjusted to cover the following:

‘‘(A) The cost of first destination commercial transportation

of the merchandise in the United States to the place of sale.

‘‘(B) The actual or estimated cost of shrinkage, spoilage,

and pilferage of merchandise under the control of commissary

stores.’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2001.

SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT OF COMMISSARY STORES.

(a) EXPANSION OF AUTHORIZED USES.—Subsection (b) of section

2685 of title 10, United States Code, is amended to read as follows:

‘‘(b) USE FOR CONSTRUCTION, REPAIR, IMPROVEMENT, AND

MAINTENANCE.—(1) The Secretary of Defense may use the proceeds

from the adjustments or surcharges authorized by subsection (a)

only—

‘‘(A) to acquire (including acquisition by lease), construct,

convert, expand, improve, repair, maintain, and equip the physical infrastructure of commissary stores and central product

processing facilities of the defense commissary system; and

‘‘(B) to cover environmental evaluation and construction

costs related to activities described in paragraph (1), including

costs for surveys, administration, overhead, planning, and design.

‘‘(2) In paragraph (1), the term ‘physical infrastructure’ includes

real property, utilities, and equipment (installed and free standing

and including computer equipment), necessary to provide a complete

and usable commissary store or central product processing facility.’’.

(b) AUTHORITY OF SECRETARY OF DEFENSE.—Such section is

further amended—

(1) in subsection (a), by striking ‘‘Secretary of a military department, under regulations established by him and approved

by the Secretary of Defense,’’ and inserting ‘‘Secretary of Defense’’;

(2) in subsection (c)—

(A) by striking ‘‘Secretary of a military department,

with the approval of the Secretary of Defense and’’ and inserting ‘‘Secretary of Defense, with the approval of’’; and

(B) by striking ‘‘Secretary of the military department

determines’’ and inserting ‘‘Secretary determines’’; and

(3) in subsection (d)(1), by striking ‘‘Secretary of a military

department’’ and inserting ‘‘Secretary of Defense’’.

(c) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on October 1, 2001.

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SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN

AUTHORIZED COMMISSARY MERCHANDISE CATEGORY.

(a) ADDITIONAL AUTHORIZED CATEGORY.—Subsection (b) of section 2486 of title 10, United States Code, is amended—

(1) by redesignating paragraph (11) as paragraph (12); and

(2) by inserting after paragraph (10) the following new

paragraph:

‘‘(11) Magazines and other periodicals.’’.

(b) CONFORMING AMENDMENTS.—Subsection (f) of such section

is amended—

(1) by striking ‘‘(1)’’ before ‘‘Notwithstanding’’;

(2) by striking ‘‘items in the merchandise categories specified in paragraph (2)’’ and inserting ‘‘tobacco products’’; and

(3) by striking paragraph (2).

SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR

DISTILLED SPIRITS.

Section 2488(c) of title 10, United States Code, is amended—

(1) by striking paragraph (2); and

(2) by redesignating paragraph (3) as paragraph (2).

SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES

ON UNITED STATES MILITARY INSTALLATIONS OVERSEAS.

(a) REPORT REQUIRED.—Not later than March 31, 2001, the

Secretary of Defense shall submit to Congress a report evaluating

the effect that the ready availability of slot machines as a morale,

welfare, and recreation activity on United States military installations outside of the United States has on members of the Armed

Forces, their dependents, and other persons who use such slot machines, the morale of military communities overseas, and the personal financial stability of members of the Armed Forces.

(b) MATTERS TO BE INCLUDED.—The Secretary shall include in

the report—

(1) an estimate of the number of persons who used such slot

machines during the preceding two years and, of such persons,

the percentage who were enlisted members (shown both in the

aggregate and by pay grade), officers (shown both in the aggregate and by pay grade), Department of Defense civilians, other

United States persons, and foreign nationals;

(2) to the extent feasible, information with respect to military personnel referred to in paragraph (1) showing the number

(as a percentage and by pay grade) who have—

(A) sought financial services counseling at least partially due to the use of such slot machines;

(B) qualified for Government financial assistance at

least partially due to the use of such slot machines; or

(C) had a personal check returned for insufficient

funds or received any other nonpayment notification from

a creditor at least partially due to the use of such slot machines; and

(3) to the extent feasible, information with respect to the average amount expended by each category of persons referred to

in paragraph (1) in using such slot machines per visit, to be

shown by pay grade in the case of military personnel.

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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.

(a) DESIGNATION METHOD.—Subsection (a) of section 2474 of

title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘The Secretary of Defense’’ and inserting

‘‘The Secretary concerned, or the Secretary of Defense in the

case of a Defense Agency,’’; and

(B) by striking ‘‘of the activity’’ and inserting ‘‘of the

designee’’;

(2) in paragraph (2)—

(A) by inserting ‘‘of Defense’’ after ‘‘The Secretary’’; and

(B) by striking ‘‘depot-level activities’’ and inserting

‘‘Centers of Industrial and Technical Excellence’’; and

(3) in paragraph (3)—

(A) by striking ‘‘depot-level operations’’ and inserting

‘‘operations at Centers of Industrial and Technical Excellence’’;

(B) by striking ‘‘depot-level activities’’ and inserting

‘‘the Centers’’; and

(C) by striking ‘‘such activities’’ and inserting ‘‘the Centers’’.

(b) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection (b) of such section is amended to read as follows:

‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS.—(1) To achieve one or

more objectives set forth in paragraph (2), the Secretary designating

a Center of Industrial and Technical Excellence under subsection

(a) may authorize and encourage the head of the Center to enter into

public-private cooperative arrangements (in this section referred to

as a ‘public-private partnership’) to provide for any of the following:

‘‘(A) For employees of the Center, private industry, or other

entities outside the Department of Defense to perform (under

contract, subcontract, or otherwise) work related to the core

competencies of the Center, including any depot-level maintenance and repair work that involves one or more core competencies of the Center.

‘‘(B) For private industry or other entities outside the Department of Defense to use, for any period of time determined

to be consistent with the needs of the Department of Defense,

any facilities or equipment of the Center that are not fully utilized for a military department’s own production or maintenance requirements.

‘‘(2) The objectives for exercising the authority provided in paragraph (1) are as follows:

‘‘(A) To maximize the utilization of the capacity of a Center

of Industrial and Technical Excellence.

‘‘(B) To reduce or eliminate the cost of ownership of a Center by the Department of Defense in such areas of responsibility

as operations and maintenance and environmental remediation.

71

‘‘(C) To reduce the cost of products of the Department of Defense produced or maintained at a Center.

‘‘(D) To leverage private sector investment in—

‘‘(i) such efforts as plant and equipment recapitalization for a Center; and

‘‘(ii) the promotion of the undertaking of commercial

business ventures at a Center.

‘‘(E) To foster cooperation between the armed forces and

private industry.

‘‘(3) If the Secretary concerned, or the Secretary of Defense in

the case of a Defense Agency, authorizes the use of public-private

partnerships under this subsection, the Secretary shall submit to

Congress a report evaluating the need for loan guarantee authority,

similar to the ARMS Initiative loan guarantee program under section 4555 of this title, to facilitate the establishment of public-private partnerships and the achievement of the objectives set forth in

paragraph (2).’’.

(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—Such section is

further amended—

(1) by striking subsection (d);

(2) by redesignating subsection (c) as subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

‘‘(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—Any facilities

or equipment of a Center of Industrial and Technical Excellence

made available to private industry may be used to perform maintenance or to produce goods in order to make more efficient and economical use of Government-owned industrial plants and encourage

the creation and preservation of jobs to ensure the availability of a

workforce with the necessary manufacturing and maintenance skills

to meet the needs of the armed forces.’’.

(d) CREDITING OF AMOUNTS FOR PERFORMANCE.—Subsection

(d) of such section, as redesignated by subsection (c)(2), is amended

by adding at the end the following new sentences: ‘‘Consideration in

the form of rental payments or (notwithstanding section 3302(b) of

title 31) in other forms may be accepted for a use of property accountable under a contract performed pursuant to this section. Notwithstanding section 2667(d) of this title, revenues generated pursuant to this section shall be available for facility operations, maintenance, and environmental restoration at the Center where the leased

property is located.’’.

(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR

PARTNERS.—Such section is further amended by adding at the end

the following new subsections:

‘‘(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR

PARTNERS.—Equipment or facilities of a Center of Industrial and

Technical Excellence may be made available for use by a privatesector entity under this section only if—

‘‘(1) the use of the equipment or facilities will not have a

significant adverse effect on the readiness of the armed forces,

as determined by the Secretary concerned or, in the case of a

Center in a Defense Agency, by the Secretary of Defense; and

‘‘(2) the private-sector entity agrees—

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‘‘(A) to reimburse the Department of Defense for the direct and indirect costs (including any rental costs) that are

attributable to the entity’s use of the equipment or facilities,

as determined by that Secretary; and

‘‘(B) to hold harmless and indemnify the United States

from—

‘‘(i) any claim for damages or injury to any person

or property arising out of the use of the equipment or

facilities, except in a case of willful conduct or gross

negligence; and

‘‘(ii) any liability or claim for damages or injury to

any person or property arising out of a decision by the

Secretary concerned or the Secretary of Defense to suspend or terminate that use of equipment or facilities

during a war or national emergency.

‘‘(f) CONSTRUCTION OF PROVISION.—Nothing in this section may

be construed to authorize a change, otherwise prohibited by law,

from the performance of work at a Center of Industrial and Technical Excellence by Department of Defense personnel to performance

by a contractor.’’.

(f) USE OF WORKING CAPITAL-FUNDED FACILITIES.—Section

2208(j)(1) of title 10, United States Code, is amended—

(1) by striking ‘‘contract; and’’ at the end of subparagraph

(A) and all that follows through ‘‘(B) the solicitation’’ and inserting ‘‘contract, and the solicitation’’;

(2) by striking the period at the end and inserting ‘‘; or’’;

and

(3) by adding at the end the following new subparagraph:

‘‘(B) the Secretary would advance the objectives set forth in

section 2474(b)(2) of this title by authorizing the facility to do

so.’’.

(g) REPEAL OF GENERAL AUTHORITY TO LEASE EXCESS DEPOTLEVEL EQUIPMENT AND FACILITIES TO OUTSIDE TENANTS.—(1) Section 2471 of title 10, United States Code, is repealed.

(2) The table of sections at the beginning of chapter 146 of such

title is amended by striking the item relating to section 2471.

SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS

OF UNITED STATES ARSENALS.

(a) TREATMENT OF UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS.—Chapter 433 of title 10, United States Code, is

amended by inserting after section 4540 the following new section:

‘‘§ 4541. Army arsenals: treatment of unutilized or underutilized plant-capacity costs

‘‘(a) ESTIMATE OF COSTS.—The Secretary of the Army shall include in the budget justification documents submitted to Congress

in support of the President’s budget for a fiscal year submitted

under section 1105 of title 31 an estimate of the funds to be required

in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.

‘‘(b) USE OF FUNDS.—Funds appropriated to the Secretary of

the Army for a fiscal year to cover unutilized and underutilized

plant-capacity costs at Army arsenals shall be used in such fiscal

year only for such costs.

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‘‘(c) TREATMENT OF COSTS.—(1) The Secretary of the Army shall

not include unutilized and underutilized plant-capacity costs when

evaluating the bid of an Army arsenal for purposes of the arsenal’s

contracting to provide a good or service to a Government agency.

‘‘(2) When an Army arsenal is serving as a subcontractor to a

private-sector entity with respect to a good or service to be provided

to a Government agency, the cost charged by the arsenal shall not

include unutilized and underutilized plant-capacity costs that are

funded by a direct appropriation.

‘‘(d) DEFINITIONS.—In this section:

‘‘(1) The term ‘Army arsenal’ means a Government-owned,

Government-operated defense plant of the Department of the

Army that manufactures weapons, weapon components, or both.

‘‘(2) The term ‘unutilized and underutilized plant-capacity

costs’ means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the

Secretary of the Army determines are required to be kept for

mobilization needs, in those months in which the facilities and

equipment are not used or are used only 20 percent or less of

available work days.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 4540 the following new item:

‘‘4541. Army arsenals: treatment of unutilized or underutilized plant-capacity costs.’’.

SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE.

(a) DEMONSTRATION PROGRAM REQUIRED.—To help maintain

the viability of the Army manufacturing arsenals and the unique

capabilities of these arsenals to support the national security interests of the United States, the Secretary of the Army shall carry out

a demonstration program under this section during fiscal years

2001 and 2002 at each manufacturing arsenal of the Department of

the Army.

(b) PURPOSES OF DEMONSTRATION PROGRAM.—The purposes of

the demonstration program are as follows:

(1) To provide for the utilization of the existing skilled

workforce at the Army manufacturing arsenals by commercial

firms.

(2) To provide for the reemployment and retraining of

skilled workers who, as a result of declining workload and reduced Army spending on arsenal production requirements at

these Army arsenals, are idled or underemployed.

(3) To encourage commercial firms, to the maximum extent

practicable, to use these Army arsenals for commercial purposes.

(4) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use these Army arsenals for those purposes.

(5) To maintain in the United States a work force having

the skills in manufacturing processes that are necessary to meet

industrial emergency planned requirements for national security purposes.

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(6) To demonstrate innovative business practices, to support

Department of Defense acquisition reform, and to serve as both

a model and a laboratory for future defense conversion initiatives of the Department of Defense.

(7) To the maximum extent practicable, to allow the operation of these Army arsenals to be rapidly responsive to the

forces of free market competition.

(8) To reduce or eliminate the cost of Government ownership of these Army arsenals, including the costs of operations

and maintenance, the costs of environmental remediation, and

other costs.

(9) To reduce the cost of products of the Department of Defense produced at these Army arsenals.

(10) To leverage private investment at these Army arsenals

through long-term facility use contracts, property management

contracts, leases, or other agreements that support and advance

the demonstration program for the following activities:

(A) Recapitalization of plant and equipment.

(B) Environmental remediation.

(C) Promotion of commercial business ventures.

(D) Other activities approved by the Secretary of the

Army.

(11) To foster cooperation between the Department of the

Army, property managers, commercial interests, and State and

local agencies in the implementation of sustainable development

strategies and investment in these Army arsenals.

(c) CONTRACT AUTHORITY.—(1) In the case of each Army manufacturing arsenal, the Secretary of the Army may enter into contracts with commercial firms to authorize the contractors, consistent

with section 4543 of title 10, United States Code—

(A) to use the arsenal, or a portion of the arsenal, and the

skilled workforce at the arsenal to manufacture weapons, weapon components, or related products consistent with the purposes

of the program; and

(B) to enter into subcontracts for the commercial use of the

arsenal consistent with such purposes.

(2) A contract under paragraph (1) shall require the contractor

to contribute toward the operation and maintenance of the Army

manufacturing arsenal covered by the contract.

(3) In the event an Army manufacturing arsenal is converted to

contractor operation, the Secretary may enter into a contract with

the contractor to authorize the contractor, consistent with section

4543 of title 10, United States Code—

(A) to use the facility during the period of the program in

a manner consistent with the purposes of the program; and

(B) to enter into subcontracts for the commercial use of the

facility consistent with such purposes.

(d) LOAN GUARANTEES.—(1) Subject to paragraph (2), the Secretary of the Army may guarantee the repayment of any loan made

to a commercial firm to fund, in whole or in part, the establishment

of a commercial activity at an Army manufacturing arsenal under

this section.

(2) Loan guarantees under this subsection may not be committed except to the extent that appropriations of budget authority

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to cover their costs are made in advance, as required by section 504

of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).

(3) The Secretary of the Army may enter into agreements with

the Administrator of the Small Business Administration or the Administrator of the Farmers Home Administration, the Administrator

of the Rural Development Administration, or the head of other appropriate agencies of the Department of Agriculture, under which

such Administrators may, under this subsection—

(A) process applications for loan guarantees;

(B) guarantee repayment of loans; and

(C) provide any other services to the Secretary of the Army

to administer this subsection.

(4) An Administrator referred to in paragraph (3) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on

other loan guarantee programs that the Administrator administers.

To the extent practicable, each Administrator shall use the same

procedures for processing loan guarantee applications under this

subsection as the Administrator uses for processing loan guarantee

applications under other loan guarantee programs that the Administrator administers.

(e) LOAN LIMITS.—The maximum amount of loan principal

guaranteed during a fiscal year under subsection (d) may not

exceed—

(1) $20,000,000, with respect to any single borrower; and

(2) $320,000,000 with respect to all borrowers.

(f) TRANSFER OF FUNDS.—The Secretary of the Army may

transfer to an Administrator providing services under subsection

(d), and the Administrator may accept, such funds as may be necessary to administer loan guarantees under such subsection.

(g) REPORTING REQUIREMENTS.—(1) Not later than July 1 of

each year in which a guarantee issued under subsection (d) is in effect, the Secretary of the Army shall submit to Congress a report

specifying the amounts of loans guaranteed under such subsection

during the preceding calendar year. No report is required after fiscal year 2002.

(2) Not later than July 1, 2001, the Secretary of the Army shall

submit to the congressional defense committees a report on the implementation of the demonstration program. The report shall contain a comprehensive review of contracting at the Army manufacturing arsenals covered by the program and such recommendations

as the Secretary considers appropriate regarding changes to the program.

SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING AND MANUFACTURING SUPPORT PROGRAMS.

(a) IN GENERAL.—(1) Part IV of subtitle B of title 10, United

States Code, is amended by inserting after chapter 433 the following

new chapter:

‘‘CHAPTER 434—ARMAMENTS INDUSTRIAL BASE

‘‘Sec.

‘‘4551. Definitions.

‘‘4552. Policy.

‘‘4553. Armament Retooling and Manufacturing Support Initiative.

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‘‘4554. Property management contracts and leases.

‘‘4555. ARMS Initiative loan guarantee program.

‘‘§ 4551. Definitions

‘‘In this chapter:

‘‘(1) The term ‘ARMS Initiative’ means the Armament Retooling and Manufacturing Support Initiative authorized by

this chapter.

‘‘(2) The term ‘eligible facility’ means a Government-owned,

contractor-operated ammunition manufacturing facility of the

Department of the Army that is in an active, inactive, layaway,

or caretaker status.

‘‘(3) The term ‘property manager’ includes any person or entity managing an eligible facility made available under the

ARMS Initiative through a property management contract.

‘‘(4) The term ‘property management contract’ includes facility use contracts, site management contracts, leases, and

other agreements entered into under the authority of this chapter.

‘‘(5) The term ‘Secretary’ means the Secretary of the Army.

‘‘§ 4552. Policy

‘‘It is the policy of the United States—

‘‘(1) to encourage, to the maximum extent practicable, commercial firms to use Government-owned, contractor-operated

ammunition manufacturing facilities of the Department of the

Army;

‘‘(2) to use such facilities for supporting programs, projects,

policies, and initiatives that promote competition in the private

sector of the United States economy and that advance United

States interests in the global marketplace;

‘‘(3) to increase the manufacture of products inside the

United States;

‘‘(4) to support policies and programs that provide manufacturers with incentives to assist the United States in making

more efficient and economical use of eligible facilities for commercial purposes;

‘‘(5) to provide, as appropriate, small businesses (including

socially and economically disadvantaged small business concerns and new small businesses) with incentives that encourage

those businesses to undertake manufacturing and other industrial processing activities that contribute to the prosperity of the

United States;

‘‘(6) to encourage the creation of jobs through increased investment in the private sector of the United States economy;

‘‘(7) to foster a more efficient, cost-effective, and adaptable

armaments industry in the United States;

‘‘(8) to achieve, with respect to armaments manufacturing

capacity, an optimum level of readiness of the national technology and industrial base within the United States that is consistent with the projected threats to the national security of the

United States and the projected emergency requirements of the

armed forces; and

‘‘(9) to encourage facility use contracting where feasible.

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‘‘§ 4553. Armament Retooling and Manufacturing Support

Initiative

‘‘(a) AUTHORITY FOR INITIATIVE.—The Secretary may carry out

a program to be known as the ‘Armament Retooling and Manufacturing Support Initiative’.

‘‘(b) PURPOSES.—The purposes of the ARMS Initiative are as

follows:

‘‘(1) To encourage commercial firms, to the maximum extent

practicable, to use eligible facilities for commercial purposes.

‘‘(2) To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use eligible facilities

for those purposes.

‘‘(3) To maintain in the United States a work force having

the skills in manufacturing processes that are necessary to meet

industrial emergency planned requirements for national security purposes.

‘‘(4) To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as

both a model and a laboratory for future defense conversion initiatives of the Department of Defense.

‘‘(5) To the maximum extent practicable, to allow the operation of eligible facilities to be rapidly responsive to the forces

of free market competition.

‘‘(6) To reduce or eliminate the cost of Government ownership of eligible facilities, including the costs of operations and

maintenance, the costs of environmental remediation, and other

costs.

‘‘(7) To reduce the cost of products of the Department of Defense produced at eligible facilities.

‘‘(8) To leverage private investment at eligible facilities

through long-term facility use contracts, property management

contracts, leases, or other agreements that support and advance

the policies and purposes of this chapter, for the following activities:

‘‘(A) Recapitalization of plant and equipment.

‘‘(B) Environmental remediation.

‘‘(C) Promotion of commercial business ventures.

‘‘(D) Other activities approved by the Secretary.

‘‘(9) To foster cooperation between the Department of the

Army, property managers, commercial interests, and State and

local agencies in the implementation of sustainable development

strategies and investment in eligible facilities made available

for purposes of the ARMS Initiative.

‘‘(10) To reduce or eliminate the cost of asset disposal that

would be incurred if property at an eligible facility was declared excess to the needs of the Department of the Army.

‘‘(c) AVAILABILITY OF FACILITIES.—The Secretary may make any

eligible facility available for the purposes of the ARMS Initiative.

‘‘(d) CONSIDERATION FOR LEASES.—Section 321 of the Act of

June 30, 1932 (40 U.S.C. 303b), shall not apply to uses of property

or facilities in accordance with the ARMS Initiative.

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‘‘(e) PROGRAM SUPPORT.—(1) Funds appropriated for purposes

of the ARMS Initiative may be used for administrative support and

management.

‘‘(2) A full annual accounting of such expenses for each fiscal

year shall be provided to the Committee on Armed Services and the

Committee on Appropriations of the Senate and the Committee on

Armed Services and the Committee on Appropriations of the House

of Representatives not later than March 30 of the following fiscal

year.

‘‘§ 4554. Property management contracts and leases

‘‘(a) IN GENERAL.—In the case of each eligible facility that is

made available for the ARMS Initiative, the Secretary—

‘‘(1) shall make full use of facility use contracts, leases, and

other such commercial contractual instruments as may be appropriate;

‘‘(2) shall evaluate, on the basis of efficiency, cost, emergency mobilization requirements, and the goals and purposes of

the ARMS Initiative, the procurement of services from the property manager, including maintenance, operation, modification,

infrastructure, environmental restoration and remediation, and

disposal of ammunition manufacturing assets, and other services; and

‘‘(3) may, in carrying out paragraphs (1) and (2)—

‘‘(A) enter into contracts, and provide for subcontracts,

for terms up to 25 years, as the Secretary considers appropriate and consistent with the needs of the Department of

the Army and the goals and purposes of the ARMS Initiative; and

‘‘(B) use procedures that are authorized to be used

under section 2304(c)(5) of this title when the contractor or

subcontractor is a source specified in law.

‘‘(b) CONSIDERATION FOR USE.—(1) To the extent provided in a

contract entered into under this section for the use of property at an

eligible facility that is accountable under the contract, the Secretary

may accept consideration for such use that is, in whole or in part,

in a form other than—

‘‘(A) rental payments; or

‘‘(B) revenue generated at the facility.

‘‘(2) Forms of consideration acceptable under paragraph (1) for

a use of an eligible facility or any property at an eligible facility include the following:

‘‘(A) The improvement, maintenance, protection, repair, and

restoration of the facility, the property, or any property within

the boundaries of the installation where the facility is located.

‘‘(B) Reductions in overhead costs.

‘‘(C) Reductions in product cost.

‘‘(3) The authority under paragraph (1) may be exercised without regard to section 3302(b) of title 31 and any other provision of

law.

‘‘§ 4555. ARMS Initiative loan guarantee program

‘‘(a) PROGRAM AUTHORIZED.—Subject to subsection (b), the Secretary may carry out a loan guarantee program to encourage comVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00108 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.045 pfrm03 PsN: HR945
79

mercial firms to use eligible facilities under this chapter. Under any

such program, the Secretary may guarantee the repayment of any

loan made to a commercial firm to fund, in whole or in part, the

establishment of a commercial activity to use an eligible facility

under this chapter.

‘‘(b) ADVANCED BUDGET AUTHORITY.—Loan guarantees under

this section may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act

of 1990 (2 U.S.C. 661c).

‘‘(c) PROGRAM ADMINISTRATION.—(1) The Secretary may enter

into an agreement with any of the officials named in paragraph (2)

under which that official may, for the purposes of this section—

‘‘(A) process applications for loan guarantees;

‘‘(B) guarantee repayment of loans; and

‘‘(C) provide any other services to the Secretary to administer the loan guarantee program.

‘‘(2) The officials referred to in paragraph (1) are as follows:

‘‘(A) The Administrator of the Small Business Administration.

‘‘(B) The head of any appropriate agency in the Department

of Agriculture, including—

‘‘(i) the Administrator of the Farmers Home Administration; and

‘‘(ii) the Administrator of the Rural Development Administration.

‘‘(3) Each official authorized to do so under an agreement entered into under paragraph (1) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the official administers.

‘‘(4) To the extent practicable, each official processing loan guarantee applications under this section pursuant to an agreement entered into under paragraph (1) shall use the same processing procedures as the official uses for processing loan guarantee applications

under other loan guarantee programs that the official administers.

‘‘(d) LOAN LIMITS.—The maximum amount of loan principal

guaranteed during a fiscal year under this section may not exceed—

‘‘(1) $20,000,000, with respect to any single borrower; and

‘‘(2) $320,000,000 with respect to all borrowers.

‘‘(e) TRANSFER OF FUNDS.—The Secretary may transfer to an official providing services under subsection (c), and that official may

accept, such funds as may be necessary to administer the loan guarantee program under this section.’’.

(2) The tables of chapters at the beginning of subtitle B of such

title and at the beginning of part IV of such subtitle are amended

by inserting after the item relating to chapter 433 the following new

item:

‘‘434. Armaments Industrial Base ................................................................... 4551’’.

(b) IMPLEMENTATION REPORT.—Not later than July 1, 2001, the

Secretary of Defense shall submit to the congressional defense committees a report on the procedures and controls implemented to

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carry out section 4554 of title 10, United States Code, as added by

subsection (a).

(c) RELATIONSHIP TO NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE.—(1) Subchapter IV of chapter 148 of title 10,

United States Code, is amended—

(A) by redesignating section 2525 as section 2521; and

(B) by adding at the end the following new section:

‘‘§ 2522. Armament retooling and manufacturing

‘‘The Secretary of the Army is authorized by chapter 434 of this

title to carry out programs for the support of armaments retooling

and manufacturing in the national defense industrial and technology base.’’.

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

amended by striking the item relating to section 2525 and inserting

the following new items:

‘‘2521. Manufacturing Technology Program.

‘‘2522. Armament retooling and manufacturing.’’.

(d) REPEAL OF SUPERSEDED LAW.—The Armament Retooling

and Manufacturing Support Act of 1992 (subtitle H of title I of Public Law 102–484; 10 U.S.C. 2501 note) is repealed.

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.

(a) INFORMATION REQUIRED BEFORE COMMENCEMENT OF CON- VERSION ANALYSIS.—Subsection (b)(1)(D) of section 2461 of title 10,

United States Code, is amended by inserting before the period the

following: ‘‘, and a specific identification of the budgetary line item

from which funds will be used to cover the cost of the analysis’’.

(b) INFORMATION REQUIRED IN NOTIFICATION OF DECISION.—

Subsection (c)(1) of such section is amended—

(1) by redesignating subparagraphs (A), (B), (C), (D), and

(E) as subparagraphs (B), (C), (F), (H), and (I), respectively;

(2) by inserting before subparagraph (B), as so redesignated, the following new subparagraph:

‘‘(A) The date when the analysis of that commercial or industrial type function for possible change to performance by the

private sector was commenced.’’;

(3) by inserting after subparagraph (C), as so redesignated,

the following new subparagraphs:

‘‘(D) The number of Department of Defense civilian employees who were performing the function when the analysis was

commenced, the number of such employees whose employment

was terminated or otherwise affected in implementing the most

efficient organization of the function, and the number of such

employees whose employment would be terminated or otherwise

affected by changing to performance of the function by the private sector.

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‘‘(E) The Secretary’s certification that the factors considered

in the examinations performed under subsection (b)(3), and in

the making of the decision to change performance, did not include any predetermined personnel constraint or limitation in

terms of man years, end strength, full-time equivalent positions,

or maximum number of employees.’’; and

(4) by inserting after subparagraph (F), as so redesignated,

the following new subparagraph:

‘‘(G) A statement of the potential economic effect of the

change on each affected local community, as determined in the

examination under subsection (b)(3)(B)(ii).’’.

SEC. 352. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND

ARMY AMMUNITION PLANTS.

Section 2461(c) of title 10, United States Code, is amended—

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph:

‘‘(2) If the commercial or industrial type function to be changed

to performance by the private sector is performed at a Center of Industrial and Technical Excellence designated under section 2474(a)

of this title or an Army ammunition plant—

‘‘(A) the report required by this subsection shall also include a description of the effect that the performance and administration of the resulting contract will have on the overhead

costs of the center or ammunition plant, as the case may be;

and

‘‘(B) notwithstanding paragraph (3), the change of the function to contractor performance may not begin until at least 60

days after the submission of the report.’’.

SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEERING OF

DEPARTMENT OF DEFENSE ORGANIZATIONS, FUNCTIONS,

OR ACTIVITIES.

(a) IN GENERAL.—Chapter 146 of title 10, United States Code,

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

‘‘§ 2475. Consolidation, restructuring, or reengineering of organizations, functions, or activities: notification requirements

‘‘(a) REQUIREMENT TO SUBMIT PLAN ANNUALLY.—Concurrently

with the submission of the President’s annual budget request under

section 1105 of title 31, the Secretary of Defense shall submit to

Congress each Strategic Sourcing Plan of Action for the Department

of Defense (as identified in the Department of Defense Interim Guidance dated February 29, 2000, or any successor Department of Defense guidance or directive), for the following year.

‘‘(b) NOTIFICATION OF DECISION TO EXECUTE PLAN.—If a decision is made to consolidate, restructure, or reengineer an organization, function, or activity of the Department of Defense pursuant to

a Strategic Sourcing Plan of Action described in subsection (a), and

such consolidation, restructuring, or reengineering would result in

a manpower reduction affecting 50 or more personnel of the Department of Defense (including military and civilian personnel)—

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‘‘(1) the Secretary of Defense shall submit to the Committees

on Armed Services of the Senate and the House of Representatives a report describing that decision, including—

‘‘(A) a projection of the savings that will be realized as

a result of the consolidation, restructuring, or reengineering, compared with the cost incurred by the Department of Defense to perform the function or to operate

the organization or activity prior to such proposed consolidation, restructuring, or reengineering;

‘‘(B) a description of all missions, duties, or military requirements that will be affected as a result of the decision

to consolidate, restructure, or reengineer the organization,

function, or activity that was analyzed;

‘‘(C) the Secretary’s certification that the consolidation,

restructuring, or reengineering will not result in any diminution of military readiness;

‘‘(D) a schedule for performing the consolidation, restructuring, or reengineering; and

‘‘(E) the Secretary’s certification that the entire analysis

for the consolidation, restructuring, or reengineering is

available for examination; and

‘‘(2) the head of the Defense Agency or the Secretary of the

military department concerned may not implement the plan

until 30 days after the date that the agency head or Secretary

submits notification to the Committees on Armed Services of the

Senate and House of Representatives of the intent to carry out

such plan.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2475. Consolidation, restructuring, or reengineering of organizations, functions, or

activities: notification requirements.’’.

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.

(a) REQUIREMENT FOR A MONITORING SYSTEM.—Chapter 146 of

title 10, United States Code, is amended by inserting after section

2461 the following new section:

‘‘§ 2461a. Development of system for monitoring cost savings

resulting from workforce reductions

‘‘(a) WORKFORCE REVIEW DEFINED.—In this section, the term

‘workforce review’, with respect to a function of the Department of

Defense performed by Department of Defense civilian employees,

means a review conducted under Office of Management and Budget

Circular A–76 (or any successor administrative regulation or policy), the Strategic Sourcing Program Plan of Action (or any successor Department of Defense guidance or directive), or any other

authority to determine whether the function—

‘‘(1) should be performed by a workforce composed of Department of Defense civilian employees or by a private sector

workforce; or

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‘‘(2) should be reorganized or otherwise reengineered to improve the effeciency or effectiveness of the performance of the

function, with a resulting decrease in the number of Department of Defense civilian employees performing the function.

‘‘(b) SYSTEM FOR MONITORING PERFORMANCE.—(1) The Secretary of Defense shall establish a system for monitoring the performance, including the cost of performance, of each function of the

Department of Defense that, after the date of the enactment of this

section, is the subject of a workforce review.

‘‘(2) The monitoring system shall be designed to compare the

following:

‘‘(A) The costs to perform a function before the workforce review to the costs actually incurred to perform the function after

implementing the conversion, reorganization, or reengineering

actions recommended by the workforce review.

‘‘(B) The anticipated savings to the actual savings, if any,

resulting from conversion, reorganization, or reengineering actions undertaken in response to the workforce review.

‘‘(3) The monitoring of a function shall continue under this section for at least five years after the conversion, reorganization, or reengineering of the function.

‘‘(c) WAIVER FOR CERTAIN WORKFORCE REVIEWS.—Subsection

(b) shall not apply to a workforce review that would result in a

manpower reduction affecting fewer than 50 Department of Defense

civilian employees.

‘‘(d) ANNUAL REPORT.—Not later than February 1 of each fiscal

year, the Secretary of Defense shall submit to Congress a report on

the results of the monitoring performed under the system established under subsection (b). For each function subject to monitoring

during the previous fiscal year, the report shall indicate the following:

‘‘(1) The cost of the workforce review.

‘‘(2) The cost of performing the function before the workforce

review compared to the costs incurred after implementing the

conversion, reorganization, or reengineering actions recommended by the workforce review.

‘‘(3) The actual savings derived from the implementation of

the recommendations of the workforce review, if any, compared

to the anticipated savings that were to result from the conversion, reorganization, or reengineering actions.

‘‘(e) CONSIDERATION IN PREPARATION OF FUTURE-YEARS DEFENSE PROGRAM.—In preparing the future-years defense program

under section 221 of this title, the Secretary of Defense shall, for the

fiscal years covered by the program, estimate and take into account

the costs to be incurred and the savings to be derived from the performance of functions by workforces selected in workforce reviews.

The Secretary shall consider the results of the monitoring under this

section in making the estimates.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2461 the following new item:

‘‘2461a. Development of system for monitoring cost savings resulting from workforce

reductions.’’.

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SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT

CHEMICAL WEAPONS STORAGE INSTALLATIONS.

(a) RESTRICTION ON CONVERSION.—The Secretary of the Army

may not convert to contractor performance the emergency response

functions of any chemical weapons storage installation that, as of

the date of the enactment of this Act, are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that

subsection.

(b) COVERED INSTALLATIONS.—For the purposes of this section,

a chemical weapons storage installation is any installation of the

Department of Defense on which lethal chemical agents or munitions are stored.

(c) CERTIFICATION REQUIREMENT.—The Secretary of the Army

shall certify in writing to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of Representatives that, to ensure that there will be no lapse of capability

to perform the chemical weapon emergency response mission at a

chemical weapons storage installation during any transition to contractor performance of those functions at the installation, the plan

for conversion of the performance of those functions—

(1) is consistent with the recommendation contained in

General Accounting Office Report NSIAD–00–88, entitled ‘‘DoD

Competitive Sourcing’’, dated March 2000;

(2) provides for a transition to contractor performance of

emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical

weapon emergency response to the contractor personnel; and

(3) complies with section 2465 of title 10, United States

Code.

SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF

NAVAL AUDIT SERVICE.

(a) SUSPENSION.—During the period specified in subsection (b),

the Secretary of the Navy may not commence or continue any consolidation, involuntary transfer, buy-out, or other reduction in force

of the workforce of auditors and administrative support personnel

of the Naval Audit Service if the consolidation, involuntary transfer,

buy-out, or other reduction in force is associated with the reorganization or relocation of the performance of the auditing functions

of the Naval Audit Service.

(b) DURATION.—Subsection (a) applies during the period beginning on the date of the enactment of this Act and ending 180 days

after the date on which the Secretary submits to the congressional

defense committees a report that sets forth in detail the Navy’s plans

and justification for the reorganization or relocation of the performance of the auditing functions of the Naval Audit Service, as the

case may be.

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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.

Section 2164 of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(i) AMERICAN RED CROSS EMPLOYEE DEPENDENTS IN PUERTO

RICO.—(1) The Secretary may authorize the dependent of an American Red Cross employee described in paragraph (2) to enroll in an

education program provided by the Secretary pursuant to subsection

(a) in Puerto Rico if the American Red Cross agrees to reimburse

the Secretary for the educational services so provided.

‘‘(2) An employee referred to in paragraph (1) is an American

Red Cross employee who—

‘‘(A) resides in Puerto Rico; and

‘‘(B) performs, on a full-time basis, emergency services on

behalf of members of the armed forces.

‘‘(3) In determining the dependency status of any person for the

purposes of paragraph (1), the Secretary shall apply the same definitions as apply to the determination of such status with respect to

Federal employees in the administration of this section.

‘‘(4) Subsection (g) shall apply with respect to determining the

reimbursement rates for educational services provided pursuant to

this subsection. Amounts received as reimbursement for such educational services shall be treated in the same manner as amounts

received under subsection (g).’’.

SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR

FISCAL YEAR 2001.—Of the amount authorized to be appropriated

by section 301(5) for operation and maintenance for Defense-wide

activities, $35,000,000 shall be available only for the purpose of providing educational agencies assistance (as defined in subsection

(d)(1)) to local educational agencies.

(b) NOTIFICATION.—Not later than June 30, 2001, the Secretary

of Defense shall notify each local educational agency that is eligible

for educational agencies assistance for fiscal year 2001 of—

(1) that agency’s eligibility for educational agencies assistance; and

(2) the amount of the educational agencies assistance for

which that agency is eligible.

(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall

disburse funds made available under subsection (a) not later than

30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).

(d) DEFINITIONS.—In this section:

(1) The term ‘‘educational agencies assistance’’ means assistance authorized under section 386(b) of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102–484;

20 U.S.C. 7703 note).

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(2) The term ‘‘local educational agency’’ has the meaning

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

(a) PAYMENTS.—Subject to subsection (f), the Secretary of Defense shall make a payment for fiscal years after fiscal year 2001,

to each local educational agency eligible to receive a payment for a

child described in subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7703(a)(1)) that serves two or more such children

with severe disabilities, for costs incurred in providing a free appropriate public education to each such child.

(b) PAYMENT AMOUNT.—The amount of the payment under subsection (a) to a local educational agency for a fiscal year for each

child referred to in such subsection with a severe disability shall

be—

(1) the payment made on behalf of the child with a severe

disability that is in excess of the average per pupil expenditure

in the State in which the local educational agency is located;

less

(2) the sum of the funds received by the local educational

agency—

(A) from the State in which the child resides to defray

the educational and related services for such child;

(B) under the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.) to defray the educational and

related services for such child; and

(C) from any other source to defray the costs of providing educational and related services to the child which

are received due to the presence of a severe disabling condition of such child.

(c) EXCLUSIONS.—No payment shall be made under subsection

(a) on behalf of a child with a severe disability whose individual

cost of educational and related services does not exceed—

(1) five times the national or State average per pupil expenditure (whichever is lower), for a child who is provided educational and related services under a program that is located

outside the boundaries of the school district of the local educational agency that pays for the free appropriate public education of the student; or

(2) three times the State average per pupil expenditure, for

a child who is provided educational and related services under

a program offered by the local educational agency, or within the

boundaries of the school district served by the local educational

agency.

(d) RATABLE REDUCTION.—If the amount available for a fiscal

year for payments under subsection (a) is insufficient to pay the full

amount all local educational agencies are eligible to receive under

such subsection, the Secretary of Defense shall ratably reduce the

amounts of the payments made under such subsection to all local

educational agencies by an equal percentage.

(e) REPORT.—Each local educational agency desiring a payment

under subsection (a) shall report to the Secretary of Defense—

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(1) the number of severely disabled children for which a

payment may be made under this section; and

(2) a breakdown of the average cost, by placement (inside

or outside the boundaries of the school district of the local educational agency), of providing education and related services to

such children.

(f) PAYMENTS SUBJECT TO APPROPRIATION.—Payments shall be

made for any period in a fiscal year under this section only to the

extent that funds are appropriated specifically for making such payments for that fiscal year.

(g) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, the

term ‘‘local educational agency’’ has the meaning given that term in

section 8013(9) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7713(9)).

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.

(a) REPAIR AND RENOVATION ASSISTANCE.—(1) During fiscal

year 2001, the Secretary of Defense may make a grant to an eligible

local educational agency to assist the agency to repair and

renovate—

(A) an impacted school facility that is used by significant

numbers of military dependent students; or

(B) a school facility that was a former Department of Defense domestic dependent elementary or secondary school.

(2) Authorized repair and renovation projects may include repairs and improvements to an impacted school facility (including

the grounds of the facility) designed to ensure compliance with the

requirements of the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 et seq.) or local health and safety ordinances, to meet

classroom size requirements, or to accommodate school population

increases.

(3) The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed

$2,500,000 during fiscal year 2001.

(b) MAINTENANCE ASSISTANCE.—(1) During fiscal year 2001,

the Secretary of Defense may make a grant to an eligible local educational agency whose boundaries are the same as a military installation to assist the agency to maintain an impacted school facility,

including the grounds of such a facility.

(2) The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed

$250,000 during fiscal year 2001.

(c) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—(1) A local educational agency is an eligible local educational

agency under this section only if the Secretary of Defense determines

that the local educational agency has—

(A) one or more federally impacted school facilities; and

(B) satisfies at least one of the following eligibility requirements:

(i) The local educational agency is eligible to receive assistance under subsection (f) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703)

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and at least 10 percent of the students who were in average

daily attendance in the schools of such agency during the

preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary

and Secondary Education Act of 1965.

(ii) At least 35 percent of the students who were in average daily attendance in the schools of the local educational agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section

8003(a) of the Elementary and Secondary Education Act of

1965.

(iii) The State education system and the local educational agency are one and the same.

(2) A local educational agency is also an eligible local educational agency under this section if the local educational agency

has a school facility that was a former Department of Defense domestic dependent elementary or secondary school, but assistance

provided under subsection (a) may only be used to repair and renovate that specific facility.

(d) NOTIFICATION OF ELIGIBILITY.—Not later than April 30,

2001, the Secretary of Defense shall notify each local educational

agency identified under subsection (c) that the local educational

agency is eligible to apply for a grant under subsection (a), subsection (b), or both subsections.

(e) RELATION TO IMPACT AID CONSTRUCTION ASSISTANCE.—A

local education agency that receives a grant under subsection (a) to

repair and renovate a school facility may not also receive a payment

for school construction under section 8007 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7707) for fiscal year

2001.

(f) GRANT CONSIDERATIONS.—In determining which eligible

local educational agencies will receive a grant under this section,

the Secretary of Defense shall take into consideration the following

conditions and needs at impacted school facilities of eligible local

educational agencies:

(1) The repair or renovation of facilities is needed to meet

State mandated class size requirements, including studentteacher ratios and instructional space size requirements.

(2) There is an increase in the number of military dependent students in facilities of the agency due to increases in unit

strength as part of military readiness.

(3) There are unhoused students on a military installation

due to other strength adjustments at military installations.

(4) The repair or renovation of facilities is needed to address any of the following conditions:

(A) The condition of the facility poses a threat to the

safety and well-being of students.

(B) The requirements of the Americans with Disabilities Act of 1990.

(C) The cost associated with asbestos removal, energy

conservation, or technology upgrades.

(D) Overcrowding conditions as evidenced by the use of

trailers and portable buildings and the potential for future

overcrowding because of increased enrollment.

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(5) The repair or renovation of facilities is needed to meet

any other Federal or State mandate.

(6) The number of military dependent students as a percentage of the total student population in the particular school

facility.

(7) The age of facility to be repaired or renovated.

(g) DEFINITIONS.—In this section:

(1) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has the meaning given that term in section

8013(9) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7713(9)).

(2) IMPACTED SCHOOL FACILITY.—The term ‘‘impacted

school facility’’ means a facility of a local educational agency—

(A) that is used to provide elementary or secondary

education at or near a military installation; and

(B) at which the average annual enrollment of military

dependent students is a high percentage of the total student

enrollment at the facility, as determined by the Secretary of

Defense.

(3) MILITARY DEPENDENT STUDENTS.—The term ‘‘military

dependent students’’ means students who are dependents of

members of the armed forces or Department of Defense civilian

employees.

(4) MILITARY INSTALLATION.—The term ‘‘military installation’’ has the meaning given that term in section 2687(e) of title

10, United States Code.

(h) FUNDING SOURCE.—The amount authorized to be appropriated under section 301(25) for Quality of Life Enhancements, Defense-Wide, shall be available to the Secretary of Defense to make

grants under this section.

Subtitle G—Military Readiness Issues

SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND

EQUIPMENT UNDER READINESS REPORTING SYSTEM.

Section 117(c) of title 10, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(7) Measure, on a quarterly basis, the extent to which units

of the armed forces remove serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a

different vehicle, vessel, or aircraft operational.’’.

SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM

HIGH-PRIORITY READINESS APPROPRIATIONS.

(a) CONTINUATION OF REPORTING REQUIREMENTS.—Section 483

of title 10, United States Code, is amended by striking subsection

(e).

(b) LEVEL OF DETAIL.—Subsection (c)(2) of such section is

amended by inserting before the period the following: ‘‘, including

identification of the sources from which funds were transferred into

that activity and identification of the recipients of the funds transferred out of that activity’’.

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(c) ADDITIONAL COVERED BUDGET ACTIVITIES.—Subsection

(d)(5) of such section is amended by adding at the end the following

new subparagraphs:

‘‘(G) Combat Enhancement Forces.

‘‘(H) Combat Communications.’’.

SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON

READINESS OF MILITARY AIRCRAFT AND EQUIPMENT.

(a) REQUIREMENT FOR REPORT.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense shall

submit to Congress a report assessing the effects of worldwide contingency operations on—

(1) the readiness of aircraft and ground equipment of the

Armed Forces; and

(2) the capability of the Armed Forces to maintain a high

level of equipment readiness and to manage a high operating

tempo for the aircraft and ground equipment.

(b) EFFECTS ON AIRCRAFT.—With respect to aircraft, the assessment contained in the report shall address the following effects:

(1) The effects of the contingency operations carried out

during fiscal years 1995 through 2000 on the aircraft of each

of the Armed Forces in each category of aircraft, as follows:

(A) Combat tactical aircraft.

(B) Strategic aircraft.

(C) Combat support aircraft.

(D) Combat service support aircraft.

(2) The types of adverse effects on the aircraft of each of the

Armed Forces in each category of aircraft specified in paragraph (1) resulting from contingency operations, as follows:

(A) Patrolling in no-fly zones over Iraq in Operation

Northern Watch and Operation Southern Watch and over

the Balkans in Operation Allied Force.

(B) Air operations in the North Atlantic Treaty Organization air war against Serbia in Operation Sky Anvil, Operation Noble Anvil, and Operation Allied Force.

(C) Air operations in Operation Shining Hope in

Kosovo.

(D) All other activities within the general context of

worldwide contingency operations.

(3) Any other effects that the Secretary of Defense considers

appropriate in carrying out subsection (a).

(c) EFFECTS ON GROUND EQUIPMENT.—With respect to ground

equipment, the assessment contained in the report shall address following effects:

(1) The effects of the contingency operations carried out

during fiscal years 1995 through 2000 on the ground equipment

of each of the Armed Forces.

(2) Any other effects that the Secretary of Defense considers

appropriate in carrying out subsection (a).

(d) DEFINITIONS.—In this section:

(1) The term ‘‘Armed Forces’’ means the Army, Navy, Marine Corps, and Air Force.

(2) The term ‘‘contingency operation’’ has the meaning given

the term in section 101(a)(13) of title 10, United States Code.

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SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG

IN MAINTENANCE AND REPAIR OF DEFENSE FACILITIES.

(a) REPORT TO ADDRESS MAINTENANCE AND REPAIR BACKLOG.—Not later than March 15, 2001, the Secretary of Defense shall

submit to Congress a report identifying a list of requirements to reduce the backlog in maintenance and repair needs of facilities and

infrastructure under the jurisdiction of the Department of Defense

or a military department.

(b) ELEMENTS OF REPORT.—At a minimum, the report shall include or address the following:

(1) The extent of the work necessary to repair and revitalize

facilities and infrastructure, or to demolish and replace unusable facilities, carried as backlog by the Secretary of Defense or

the Secretary of a military department.

(2) Measurable goals, over specified time frames, for addressing all of the identified requirements.

(3) Expected funding for each military department and Defense Agency to address the identified requirements during the

period covered by the most recent future-years defense program

submitted to Congress pursuant to section 221 of title 10,

United States Code.

(4) The cost of the current backlog in maintenance and repair for each military department and Defense Agency, which

shall be determined using the standard costs to standard facility categories in the Department of Defense Facilities Cost Factors Handbook, shown both in the aggregate and individually

for each major military installation.

(5) The total number of square feet of building space of

each military department and Defense Agency to be demolished

or proposed for demolition, shown both in the aggregate and individually for each major military installation.

(6) The initiatives underway to identify facility and infrastructure requirements at military installation to accommodate

new and developing weapons systems and to prepare installations to accommodate these systems.

(c) ANNUAL UPDATES.—The Secretary of Defense shall update

the report required under subsection (a) annually. The annual updates shall be submitted to Congress at or about the time that the

budget is submitted to Congress for a fiscal year under section

1105(a) of title 31, United States Code.

SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS

TO SATISFY ARMY READINESS REQUIREMENTS.

(a) REQUIREMENT FOR NEW METHODOLOGY.—The Secretary of

the Army shall develop a new methodology for preparing budget requests for operation and maintenance for the Army that can be used

to ensure that the budget requests for operation and maintenance

for future fiscal years more accurately reflect the Army’s requirements than did the budget requests submitted to Congress for fiscal

year 2001 and preceding fiscal years.

(b) SENSE OF CONGRESS REGARDING NEW METHODOLOGY.—It is

the sense of Congress that—

(1) the methodology required by subsection (a) should provide for the determination of the budget levels to request for operation and maintenance for the Army to be based on—

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(A) the level of training that must be conducted in

order for the Army to execute successfully the full range of

missions called for in the national defense strategy delineated pursuant to section 118 of title 10, United States

Code, at a low-to-moderate level of risk;

(B) the cost of conducting training at the level of training described in subparagraph (A); and

(C) the costs of all other Army operations, including the

cost of meeting infrastructure requirements; and

(2) the Secretary of the Army should use the new methodology in the preparation of the budget requests for operation

and maintenance for the Army for fiscal years after fiscal year

2001.

SEC. 376. REVIEW OF AH–64 AIRCRAFT PROGRAM.

(a) REQUIREMENT FOR REVIEW.—The Comptroller General shall

conduct a review of the Army’s AH–64 aircraft program to

determine—

(1) whether obsolete spare parts, rather than spare parts for

the latest aircraft configuration, are being procured;

(2) whether there is insufficient sustaining system technical

support;

(3) whether technical data packages and manuals are obsolete;

(4) whether there are unfunded requirements for airframe

and component upgrades; and

(5) if one or more of the conditions described in the preceding paragraphs exist, whether the readiness of the aircraft

is impaired by the conditions.

(b) REPORT.—Not later than March 1, 2001, the Comptroller

General shall submit to the congressional defense committees a report on the results of the review under subsection (a).

SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM

FOR C–5 AIRCRAFT.

(a) FINDINGS.—Congress makes the following findings:

(1) There exists a significant shortfall in the Nation’s current strategic airlift requirement, even though strategic airlift

remains critical to the national security strategy of the United

States.

(2) This shortfall results from the slow phase-out of C–141

aircraft and their replacement with C–17 aircraft and from

lower than optimal reliability rates for the C–5 aircraft.

(3) One of the primary causes of these reliability rates for

C–5 aircraft, and especially for operational unit aircraft, is the

shortage of spare repair parts. Over the past 5 years, this shortage has been particularly evident in the C–5 fleet.

(4) Not Mission Capable for Supply rates for C–5 aircraft

have increased significantly in the period between 1997 and

1999. At Dover Air Force Base, Delaware, for example, an average of 7 to 9 C–5 aircraft were not available during that period

because of a lack of parts.

(5) Average rates of cannibalization of C–5 aircraft per 100

sorties of such aircraft have also increased during that period

and are well above the Air Mobility Command standard. In any

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given month, this means devoting additional manhours to cannibalization of C–5 aircraft. At Dover Air Force Base, for example, an average of 800 to 1,000 additional manhours were required for cannibalization of C–5 aircraft during that period.

Cannibalization is often required for aircraft that transit

through a base such as Dover Air Force Base, as well as those

that are based there.

(6) High cannibalization rates indicate a significant problem in delivering spare parts in a timely manner and systemic

problems within the repair and maintenance process, and also

demoralize overworked maintenance crews.

(7) The C–5 aircraft remains an absolutely critical asset in

air mobility and airlifting heavy equipment and personnel to

both military contingencies and humanitarian relief efforts

around the world.

(8) Despite increased funding for spare and repair parts

and other efforts by the Air Force to mitigate the parts shortage

problem, Congress continues to receive reports of significant

cannibalization to airworthy C–5 aircraft and parts backlogs.

(b) REPORT REQUIRED.—Not later than January 1, 2001, and

September 30, 2001, the Secretary of the Air Force shall submit to

Congress a report on the overall status of the spare and repair parts

program of the Air Force for the C–5 aircraft.

(c) ELEMENTS OF REPORT.—Each report shall include the following:

(1) A statement of the funds currently allocated to the acquisition of spare and repair parts for the C–5 aircraft and the

adequacy of such funds to meet current and future repair and

maintenance requirements for that aircraft.

(2) A description of current efforts to address shortfalls in

the availability of spare and repair parts for the C–5 aircraft,

including an assessment of potential short-term and long-term

effects of such efforts.

(3) An assessment of the effects of such parts shortfalls on

readiness and reliability ratings for the C–5 aircraft.

(4) A description of rates at which spare and repair parts

for one C–5 aircraft are taken from another C–5 aircraft (known

as parts cannibalization) and the manhours devoted to part

cannibalization of such aircraft.

(5) An assessment of the effects of parts shortfalls and parts

cannibalization with respect to C–5 aircraft on readiness and

retention.

Subtitle H—Other Matters

SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY

EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS

LIST.

(a) ANNUAL REPORT REQUIRED.—Chapter 153 of title 10,

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

new section:

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‘‘§ 2582. Military equipment identified on United States munitions list: annual report of public sales

‘‘(a) REPORT REQUIRED.—The Secretary of Defense shall prepare

an annual report identifying each public sale conducted by a military department or Defense Agency of military items that are—

‘‘(1) identified on the United States Munitions List maintained under section 121.1 of title 22, Code of Federal Regulations; and

‘‘(2) assigned a demilitarization code of ‘B’ or its equivalent.

‘‘(b) ELEMENTS OF REPORT.—(1) A report under this section

shall cover all public sales described in subsection (a) that were conducted during the preceding fiscal year.

‘‘(2) The report shall specify the following for each sale:

‘‘(A) The date of the sale.

‘‘(B) The military department or Defense Agency conducting

the sale.

‘‘(C) The manner in which the sale was conducted.

‘‘(D) The military items described in subsection (a) that

were sold or offered for sale.

‘‘(E) The purchaser of each item.

‘‘(F) The stated end-use of each item sold.

‘‘(c) SUBMISSION OF REPORT.—Not later than March 31 of each

year, the Secretary of Defense shall submit to the Committee on

Armed Services of the House of Representatives and the Committee

on Armed Services of the Senate the report required by this section

for the preceding fiscal year.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2582. Military equipment identified on United States munitions list: annual report

of public sales.’’.

SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY

THE ARMY.

(a) RESTRICTION.—(1) Chapter 443 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 4688. Armor-piercing ammunition and components: condition on disposal

‘‘(a) LIMITATION ON RESALE OR OTHER TRANSFER.—Except as

provided in subsection (b), whenever the Secretary of the Army carries out a disposal (by sale or otherwise) of armor-piercing ammunition, or a component of armor-piercing ammunition, the Secretary

shall require as a condition of the disposal that the recipient agree

in writing not to sell or otherwise transfer any of the ammunition

(reconditioned or otherwise), or any armor-piercing component of

that ammunition, to any purchaser in the United States other than

a law enforcement or other governmental agency.

‘‘(b) EXCEPTION.—Subsection (a) does not apply to a transfer of

a component of armor-piercing ammunition solely for the purpose of

metal reclamation by means of a destructive process such as melting, crushing, or shredding.

‘‘(c) SPECIAL RULE FOR NON-ARMOR-PIERCING COMPONENTS.—

A component of the armor-piercing ammunition that is not itself

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armor-piercing and is not subjected to metal reclamation as described in subsection (b) may not be used as a component in the production of new or remanufactured armor-piercing ammunition other

than for sale to a law enforcement or other governmental agency or

for a government-to-government sale or commercial export to a foreign government under the Arms Export Control Act (22 U.S.C.

2751).

‘‘(d) DEFINITION.—In this section, the term ‘armor-piercing ammunition’ means a center-fire cartridge the military designation of

which includes the term ‘armor penetrator’ or ‘armor-piercing’, including a center-fire cartridge designated as armor-piercing incendiary (API) or armor-piercing incendiary-tracer (API–T).’’.

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

amended by adding at the end the following new item:

‘‘4688. Armor-piercing ammunition and components: condition on disposal.’’.

(b) APPLICABILITY.—Section 4688 of title 10, United States

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

disposal of ammunition or components referred to in that section

after the date of the enactment of this Act.

SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT

PROVIDED AT JOHNSTON ATOLL.

(a) IN GENERAL.—Chapter 949 of title 10, United States Code,

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

‘‘§ 9783. Johnston Atoll: reimbursement for support provided

to civil air carriers

‘‘(a) AUTHORITY OF THE SECRETARY.—The Secretary of the Air

Force may, under regulations prescribed by the Secretary, require

payment by a civil air carrier for support provided by the United

States to the carrier at Johnston Atoll that is either—

‘‘(1) requested by the civil air carrier; or

‘‘(2) determined under the regulations as being necessary to

accommodate the civil air carrier’s use of Johnston Atoll.

‘‘(b) AMOUNT OF CHARGES.—Any amount charged an air carrier

under subsection (a) for support shall be equal to the total amount

of the actual costs to the United States of providing the support. The

amount charged may not include any amount for an item of support

that does not satisfy a condition described in paragraph (1) or (2)

of subsection (a).

‘‘(c) RELATIONSHIP TO LANDING FEES.—No landing fee shall be

charged an air carrier for a landing of an aircraft of the air carrier

at Johnston Atoll if the air carrier is charged under subsection (a)

for support provided to the air carrier.

‘‘(d) DISPOSITION OF PAYMENTS.—(1) Amounts collected from an

air carrier under this section shall be credited to appropriations

available for the fiscal year in which collected, as follows:

‘‘(A) For support provided by the Air Force, to appropriations available for the Air Force for operation and maintenance.

‘‘(B) For support provided by the Army, to appropriations

available for the Army for chemical demilitarization.

‘‘(2) Amounts credited to an appropriation under paragraph (1)

shall be merged with funds in that appropriation and shall be

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available, without further appropriation, for the purposes and period for which the appropriation is available.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘civil air carrier’ means an air carrier (as defined in section 40101(a)(2) of title 49) that is issued a certificate of public convenience and necessity under section 41102 of

such title.

‘‘(2) The term ‘support’ includes fuel, fire rescue, use of facilities, improvements necessary to accommodate use by civil air

carriers, police, safety, housing, food, air traffic control, suspension of military operations on the island (including operations

at the Johnston Atoll Chemical Agent Demilitarization System),

repairs, and any other construction, services, or supplies.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘9783. Johnston Atoll: reimbursement for support provided to civil air carriers.’’.

SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

(a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO DUTY STATIONS.—

Subsection (a) of section 18505 of title 10, United States Code, is

amended to read as follows:

‘‘(a) A member of a reserve component traveling for annual

training duty or inactive-duty training (including a place other than

the place of the member’s unit training assembly if the member is

performing annual training duty or inactive-duty training in another location) may travel in a space-required status on aircraft of

the armed forces between the member’s home and the place of the

annual training duty or inactive-duty training.’’.

(b) CLERICAL AMENDMENTS.—(1) The heading of such section is

amended to read as follows:

‘‘§ 18505. Reserves traveling for annual training duty or inactive-duty training: space-required travel on military

aircraft’’.

(2) The table of sections at the beginning of chapter 1805 of

such title is amended by striking the item relating to section 18505

and inserting the following new item:

‘‘18505. Reserves traveling for annual training duty or inactive-duty training: spacerequired travel on military aircraft.’’.

SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET

AIRCRAFT.

(a) IN GENERAL.—Section 41106 of title 49, United States Code,

is amended—

(1) in subsection (a)(1), by striking ‘‘of at least 31 days’’;

(2) by redesignating subsection (b) as subsection (d); and

(3) by inserting after subsection (a) the following new subsections:

‘‘(b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOREIGN LOCATIONS.—Except as provided in subsection (d), the transportation of passengers or property by transport category aircraft between a place in the United States and a place outside the United

States obtained by the Secretary of Defense or the Secretary of a

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military department through a contract for airlift service shall be

provided by an air carrier referred to in subsection (a).

‘‘(c) TRANSPORTATION BETWEEN FOREIGN LOCATIONS.—The

transportation of passengers or property by transport category aircraft between two places outside the United States obtained by the

Secretary of Defense or the Secretary of a military department

through a contract for airlift service shall be provided by an air carrier that has aircraft in the civil reserve air fleet whenever transportation by such an air carrier is reasonably available.’’.

(b) CONFORMING AMENDMENT.—Subsection (a) of such section

is further amended by striking ‘‘GENERAL.—(1) Except as provided

in subsection (b) of this section,’’ and inserting ‘‘INTERSTATE TRANS- PORTATION.—(1) Except as provided in subsection (d) of this section,’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2000.

SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL

IN-TRANSIT END ITEMS AND SECONDARY ITEMS.

(a) REQUIRED ADDITIONS.—Subsection (d) of section 349 of the

Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (Public Law 105–261; 112 Stat. 1981; 10 U.S.C. 2458

note) is amended—

(1) in paragraph (1), by inserting before the period at the

end the following: ‘‘, including specific actions to address underlying weaknesses in the controls over items being shipped’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) The key management elements for monitoring, and for

measuring the progress achieved in, the implementation of the

plan, including—

‘‘(A) the assignment of oversight responsibility for each

action identified pursuant to paragraph (1);

‘‘(B) a description of the resources required for oversight; and

‘‘(C) an estimate of the annual cost of oversight.’’.

(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section is amended by striking ‘‘Not later than’’ and all that follows

through ‘‘Congress’’ and inserting ‘‘The Secretary of Defense shall

prescribe and carry out’’.

(2) Such section is further amended by adding at the end the

following new subsection:

‘‘(f) SUBMISSIONS TO CONGRESS.—The Secretary shall submit to

Congress any revisions made to the plan that are required by any

law enacted after October 17, 1998. The revisions so made shall be

submitted not later than 180 days after the date of the enactment

of the law requiring the revisions.’’.

(3) Subsection (e)(1) of such section is amended by striking

‘‘submits the plan’’ and inserting ‘‘submits the initial plan’’.

SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE

AND USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

(a) REAUTHORIZATION.—Section 377 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (Public

Law 105–261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended—

(1) in subsection (a)—

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(A) by striking ‘‘during fiscal years 1999 and 2000’’;

and

(B) by striking the second sentence; and

(2) by adding at the end the following new subsection:

‘‘(e) DURATION OF PILOT PROGRAM.—The pilot program under

this section may not be carried out after September 30, 2010.’’.

(b) FEES COLLECTED.—Subsection (b) of such section is amended to read as follows:

‘‘(b) LANDING FEE DEFINED.—In this section, the term ‘landing

fee’ means any fee that is established under or in accordance with

regulations of the military department concerned (whether prescribed in a fee schedule or imposed under a joint-use agreement)

to recover costs incurred for use by civil aircraft of an airfield of the

military department in the United States or in a territory or possession of the United States.’’.

(c) USE OF PROCEEDS.—Subsection (c) of such section is amended by striking ‘‘Amounts received for a fiscal year in payment of

landing fees imposed under the pilot program for use of a military

airfield’’ and inserting ‘‘Amounts received in payment of landing

fees for use of a military airfield in a fiscal year of the pilot program’’.

(d) REPORT.—Subsection (d) of such section is amended—

(1) by striking ‘‘March 31, 2000,’’ and inserting ‘‘March 31,

2003,’’; and

(2) by striking ‘‘December 31, 1999’’ and inserting ‘‘December 31, 2002’’.

SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR

USE IN WILDFIRE SUPPRESSION.

Section 2 of the Wildfire Suppression Aircraft Transfer Act of

1996 (Public Law 104–307; 10 U.S.C. 2576 note) is amended—

(1) in subsection (a)(1), by striking ‘‘September 30, 2000’’

and inserting ‘‘September 30, 2005’’;

(2) in subsection (d)(1)—

(A) by striking ‘‘the date of the enactment of this Act’’

and inserting ‘‘October 14, 1996’’; and

(B) by adding at the end the following: ‘‘The regulations prescribed under this paragraph shall be effective

until the end of the period specified in subsection (a)(1).’’;

and

(3) in subsection (f), by striking ‘‘March 31, 2000’’ and inserting ‘‘March 31, 2005’’.

SEC. 389. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI SILICA

REACTIVITY.

(a) ASSESSMENT OF DAMAGE AND PREVENTION AND MITIGATION

TECHNOLOGY.—The Secretary of Defense shall require the Secretaries of the military departments to assess—

(1) the damage caused to aviation facilities of the Armed

Forces by alkali silica reactivity; and

(2) the availability of technologies capable of preventing,

treating, or mitigating alkali silica reactivity in hardened concrete structures and pavements.

(b) EVALUATION OF TECHNOLOGIES.—(1) Taking into consideration the assessment under subsection (a), the Secretary of each

military department may conduct a demonstration project at a locaVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00128 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.051 pfrm03 PsN: HR945
99

tion selected by the Secretary concerned to test and evaluate the effectiveness of technologies intended to prevent, treat, or mitigate alkali silica reactivity in hardened concrete structures and pavements.

(2) The Secretary of Defense shall ensure that the locations selected for the demonstration projects represent the diverse operating

environments of the Armed Forces.

(c) NEW CONSTRUCTION.—The Secretary of Defense shall develop specific guidelines for appropriate testing and use of lithium

salts to prevent alkali silica reactivity in new construction of the Department of Defense.

(d) COMPLETION OF ASSESSMENT AND DEMONSTRATION.—The

assessment conducted under subsection (a) and the demonstration

projects, if any, conducted under subsection (b) shall be completed

not later than September 30, 2006.

(e) DELEGATION OF AUTHORITY.—The authority to conduct the

assessment under subsection (a) may be delegated only to the Chief

of Engineers of the Army, the Commander of the Naval Facilities

Engineering Command, and the Civil Engineer of the Air Force.

(f) LIMITATION ON EXPENDITURES.—The Secretary of Defense

and the Secretaries of the military departments may not expend

more than a total of $5,000,000 to conduct both the assessment

under subsection (a) and all of the demonstration projects under

subsection (b).

SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPONENT INTERNET ACCESS AND SERVICES IN RURAL COMMUNITIES.

(a) AUTHORIZATION AND PURPOSE OF PROJECT.—The Secretary

of the Army, acting through the Chief of the National Guard Bureau, may carry out a demonstration project in rural communities

that are unserved or underserved by the telecommunications medium known as the Internet to provide or increase Internet access

and services to units and members of the National Guard and other

reserve components located in these communities.

(b) PROJECT ELEMENTS.—In carrying out the demonstration

project, the Secretary may—

(1) establish and operate distance learning classrooms in

communities described in subsection (a), including any support

systems required for such classrooms; and

(2) provide Internet access and services in such classrooms

through GuardNet, the telecommunications infrastructure of the

National Guard.

(c) REPORT.—Not later than February 1, 2005, the Secretary

shall submit to Congress a report on the demonstration project. The

report shall describe the activities conducted under the demonstration project and include any recommendations for the improvement

or expansion of the demonstration project that the Secretary considers appropriate.

SEC. 391. ADDITIONAL CONDITIONS ON IMPLEMENTATION OF DEFENSE JOINT ACCOUNTING SYSTEM.

(a) REPORT ON DEPLOYMENT OF SYSTEM.—The proposed Defense Joint Accounting System is not prohibited, but the Secretary

of Defense may not grant a Milestone III decision for the system unless and until the Secretary of Defense submits to the Committee on

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Armed Services of the Senate and the Committee on Armed Services

of the House of Representatives a report—

(1) explaining the reasons for the withdrawal of the Department of the Air Force from the proposed Defense Joint Accounting System and the effect of the withdrawal on the development

of the system;

(2) explaining the reasons why the Department of the Navy

is not required to participate in the system;

(3) identifying business process reengineering initiatives reviewed, considered, or undertaken by the Department of the Air

Force and the Department of the Navy before the decisions were

made to exclude the Department of the Navy from the system

and to allow the Department of the Air Force to withdraw from

the system; and

(4) containing an analysis, prepared with the participation

of the Secretaries of the military departments, of alternatives to

the system to determine whether the system warrants deployment.

(b) CERTIFICATION.—If the Secretary of Defense determines that

the proposed Defense Joint Accounting System warrants a Milestone

III decision, the Secretary shall submit to the Committee on Armed

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

House of Representatives a certification that the system will meet—

(1) the required functionality for users of the system;

(2) Department of Defense acquisition standards;

(3) the applicable requirements for Milestones I, II and III;

and

(4) the applicable requirements of the Clinger-Cohen Act of

1996 (divisions D and E of Public Law 104–106).

SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM.

(a) REQUIREMENT FOR REPORT.—Not later than November 30,

2000, the Secretary of Defense shall submit to the congressional defense committees a report on the Defense Travel System.

(b) CONTENT OF REPORT.—The report shall include the following:

(1) A detailed discussion of the development, testing, and

fielding of the system, including the performance requirements,

the evaluation criteria, the funding that has been provided for

the development, testing, and fielding of the system, and the

funding that is projected to be required for completing the development, testing, and fielding of the system.

(2) The schedule for the testing of the system, including the

initial operational test and evaluation and the final operational

testing and evaluation, together with the results of the testing.

(3) The cost savings expected to result from the deployment

of the system and from the completed implementation of the system, together with a discussion of how the savings are estimated and the expected schedule for the realization of the savings.

(4) An analysis of the costs and benefits of fielding the

front-end software for the system throughout all 18 geographical areas selected for the original fielding of the system.

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SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAINING HISTORICAL PROPERTIES.

(a) REQUIREMENT FOR REVIEW.—The Comptroller General shall

conduct a review of the annual costs incurred by the Department of

Defense to comply with the requirements of the National Historic

Preservation Act (16 U.S.C. 470 et seq.).

(b) REPORT.—Not later than February 28, 2001, the Comptroller

General shall submit to the congressional defense committees a report on the results of the review. The report shall contain the following:

(1) For each military department and Defense Agency and

for the Department of Defense in the aggregate, the cost for fiscal year 2000 and the projected costs for the ensuing 10 fiscal

years to comply with the requirements of the National Historic

Preservation Act.

(2) Of the costs referred to in paragraph (1), the portion of

such costs related to maintenance of those properties that qualified as historic properties under the National Historic Preservation Act when such Act was originally enacted in 1966.

(3) The accounts used for paying the costs of complying

with the requirements of the National Historic Preservation Act.

(4) For each military department and Defense Agency, the

identity of all properties that must be maintained in order to

comply with the requirements of the National Historic Preservation Act.

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.

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.

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Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2001, as follows:

(1) The Army, 480,000.

(2) The Navy, 372,642.

(3) The Marine Corps, 172,600.

(4) The Air Force, 357,000.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

(a) REVISED END STRENGTH FLOORS.—Section 691(b) of title

10, United States Code, is amended—

(1) in paragraph (2), by striking ‘‘371,781’’ and inserting

‘‘372,000’’;

(2) in paragraph (3), by striking ‘‘172,148’’ and inserting

‘‘172,600’’; and

(3) in paragraph (4), by striking ‘‘360,877’’ and inserting

‘‘357,000’’.

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

shall take effect on October 1, 2000.

SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.

Section 691(e) of title 10, United States Code, is amended by inserting ‘‘or greater than’’ after ‘‘identical to’’.

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of September 30, 2001, as follows:

(1) The Army National Guard of the United States,

350,526.

(2) The Army Reserve, 205,300.

(3) The Naval Reserve, 88,900.

(4) The Marine Corps Reserve, 39,558.

(5) The Air National Guard of the United States, 108,022.

(6) The Air Force Reserve, 74,358.

(7) The Coast Guard Reserve, 8,000.

(b) ADJUSTMENTS.—The end strengths prescribed by subsection

(a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which are

on active duty (other than for training) at the end of the fiscal

year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at

the end of the fiscal year.

Whenever such units or such individual members are released from

active duty during any fiscal year, the end strength prescribed for

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such fiscal year for the Selected Reserve of such reserve component

shall be proportionately increased by the total authorized strengths

of such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2001, the following number of Reserves to be serving on

full-time active duty or full-time duty, in the case of members of the

National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 22,974.

(2) The Army Reserve, 13,106.

(3) The Naval Reserve, 14,649.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 11,170.

(6) The Air Force Reserve, 1,336.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

The minimum number of military technicians (dual status) as

of the last day of fiscal year 2001 for the reserve components of the

Army and the Air Force (notwithstanding section 129 of title 10,

United States Code) shall be the following:

(1) For the Army National Guard of the United States,

23,128.

(2) For the Army Reserve, 5,921.

(3) For the Air National Guard of the United States,

22,247.

(4) For the Air Force Reserve, 9,785.

SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS TECHNICIANS.

(a) LIMITATION.—The number of non-dual status technicians

employed by the reserve components of the Army and the Air Force

as of September 30, 2001, may not exceed the following:

(1) For the Army Reserve, 1,195.

(2) For the Army National Guard of the United States,

1,600.

(3) For the Air Force Reserve, 10.

(4) For the Air National Guard of the United States, 326.

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,

the term ‘‘non-dual status technician’’ has the meaning given that

term in section 10217(a) of title 10, United States Code.

(c) POSTPONEMENT OF PERMANENT LIMITATION.—Section

10217(c)(2) of title 10, United States Code, is amended by striking

‘‘October 1, 2001’’ and inserting ‘‘October 1, 2002’’.

SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES

AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF THE

RESERVES.

(a) OFFICERS.—The table in section 12011(a) of title 10, United

States Code, is amended to read as follows:

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‘‘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’’.

(b) SENIOR ENLISTED MEMBERS.—The table in section 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’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2000.

(d) REPORT.—(1) Not later than March 31, 2001, the Secretary

shall submit to the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives a

report on management of the grade structure for reserve-component

officers who are subject to section 12011 of title 10, United States

Code, and on the grade structure of enlisted members who are subject to section 12012 of that title. The Secretary of Defense shall include in the report recommendations for a permanent solution for

managing the grade structures for those officers and enlisted members without requirement for frequent statutory adjustments to the

limitations in those sections.

(2) In developing recommendations for the report under paragraph (1), the Secretary shall consider the following areas:

(A) The grade structure authorized for field-grade officers

in the active-duty forces and the reasons why the grade structure for field-grade reserve officers on active duty in support of

the reserves is different.

(B) The grade structure authorized for senior enlisted members in the active-duty forces and the reasons why the grade

structure for senior enlisted reserve members on active duty in

support of the reserves is different.

(C) The need for independent grade limits for each reserve

component under sections 12011 and 12012 of title 10, United

States Code.

(D) The advantages and disadvantage of replacing management by the current grade tables in those sections with management through a system based on the grade authorized for the

position occupied by the member.

(E) The current mix within each reserve component, for

each controlled grade, of (i) traditional reservists, (ii) military

technicians, (iii) regular component members, and (iv) reserve

members on active duty in support of the reserves, and how that

mix, for each component, would shift over time under the Secretary’s recommended solution as specified in paragraph (1).

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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.

(a) SENIOR ENLISTED MEMBERS ON ACTIVE DUTY.—Section 517

of title 10, United States Code, is amended by adding at the end

the following new subsection:

‘‘(c) Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation of

any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section.’’.

(b) FIELD GRADE RESERVE COMPONENT OFFICERS.—Section

12011 of such title is amended by adding at the end the following

new subsection:

‘‘(c) Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation of

any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section.’’.

(c) SENIOR ENLISTED MEMBER IN RESERVE COMPONENTS.—Section 12012 of such title is amended by adding at the end the following new subsection:

‘‘(c) Whenever under section 527 of this title the President may

suspend the operation of any provision of section 523, 525, or 526

of this title, the Secretary of Defense may suspend the operation of

any provision of this section. Any such suspension shall, if not sooner ended, end in the manner specified in section 527 for a suspension under that section.’’.

SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS OF

CERTAIN RESERVE COMPONENT MEMBERS ON ACTIVE

DUTY IN SUPPORT OF THE COMBATANT COMMANDS.

Section 115(d) of title 10, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(9) Members of reserve components (not described in paragraph (8)) on active duty for more than 180 days but less than

271 days to perform special work in support of the combatant

commands, except that—

‘‘(A) general and flag officers may not be excluded

under this paragraph; and

‘‘(B) the number of members of any of the armed forces

excluded under this paragraph may not exceed the number

equal to 0.2 percent of the end strength authorized for active-duty personnel of that armed force under subsection

(a)(1)(A).’’.

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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.

Section 12005(a) of title 10, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(3) Medical officers and dental officers shall not be counted for

the purposes of this subsection.’’.

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.

(a) FIELD GRADE OFFICERS.—Section 12011 of title 10, United

States Code, as amended by section 421(b), is amended by adding

at the end the following new subsection:

‘‘(d) Upon increasing under subsection (c)(2) of section 115 of

this title the end strength that is authorized under subsection

(a)(1)(B) of that section for a fiscal year for active-duty personnel

and full-time National Guard duty personnel of an armed force who

are to be paid from funds appropriated for reserve personnel, the

Secretary of Defense may increase for that fiscal year the limitation

that is set forth in subsection (a) of this section for the number of

officers of that armed force serving in any grade if the Secretary determines that such action is in the national interest. The percent of

the increase may not exceed the percent by which the Secretary increases that end strength.’’.

(b) SENIOR ENLISTED PERSONNEL.—Section 12012 of such title,

as amended by section 421(c), is amended by adding at the end the

following new subsection:

‘‘(d) Upon increasing under subsection (c)(2) of section 115 of

this title the end strength that is authorized under subsection

(a)(1)(B) of that section for a fiscal year for active-duty personnel

and full-time National Guard duty personnel of an armed force who

are to be paid from funds appropriated for reserve personnel, the

Secretary of Defense may increase for that fiscal year the limitation

that is set forth in subsection (a) of this section for the number of

enlisted members of that armed force serving in any grade if the

Secretary determines that such action is in the national interest.

The percent of the increase may not exceed the percent by which the

Secretary increases that end strength.’’.

Subtitle D—Authorization of

Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2001 a total

of $75,801,666,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2001.

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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.

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.

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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.

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.

Subtitle A—Officer Personnel Policy

SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS

AND BRIGADIER GENERALS FOR POSITION VACANCY PROMOTIONS.

Section 14315(b) of title 10, United States Code, is amended—

(1) in paragraph (1), by inserting after ‘‘(A) is assigned to

the duties of a general officer of the next higher reserve grade

in the Army Reserve’’ the following: ‘‘or is recommended for

such an assignment under regulations prescribed by the Secretary of the Army’’; and

(2) in paragraph (2), by inserting after ‘‘(A) is assigned to

the duties of a general officer of the next higher reserve grade’’

the following: ‘‘or is recommended for such an assignment

under regulations prescribed by the Secretary of the Air Force’’.

SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR

COAST GUARD RESERVE OFFICERS.

(a) COAST GUARD RESERVE OFFICER PROMOTION SYSTEM

BASED ON DOD ROPMA SYSTEM.—Section 729(d) of title 14,

United States Code, is amended to read as follows:

‘‘(d)(1) Before convening a selection board to recommend Reserve officers for promotion, the Secretary shall establish a promotion zone for officers serving in each grade to be considered by

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the board. The Secretary shall determine the number of officers in

the promotion zone for officers serving in any grade from among officers who are eligible for promotion in that grade.

‘‘(2)(A) Before convening a selection board to recommend Reserve officers for promotion to a grade (other than the grade of lieutenant (junior grade)), the Secretary shall determine the maximum

number of officers in that grade that the board may recommend for

promotion.

‘‘(B) The Secretary shall make the determination under subparagraph (A) of the maximum number that may be recommended

with a view to having in an active status a sufficient number of Reserve officers in each grade to meet the needs of the Coast Guard

for Reserve officers in an active status.

‘‘(C) In order to make the determination under subparagraph

(B), the Secretary shall determine the following:

‘‘(i) The number of positions needed to accomplish mission

objectives that require officers in the grade to which the board

will recommend officers for promotion.

‘‘(ii) The estimated number of officers needed to fill vacancies in such positions during the period in which it is anticipated that officers selected for promotion will be promoted.

‘‘(iii) The number of officers authorized by the Secretary to

serve in an active status in the grade under consideration.

‘‘(iv) Any statutory limitation on the number of officers in

any grade authorized to be in an active status.

‘‘(3)(A) The Secretary may, when the needs of the Coast Guard

require, authorize the consideration of officers in a grade above lieutenant (junior grade) for promotion to the next higher grade from

below the promotion zone.

‘‘(B) When selection from below the promotion zone is authorized, the Secretary shall establish the number of officers that may

be recommended for promotion from below the promotion zone. That

number may not exceed the number equal to 10 percent of the maximum number of officers that the board is authorized to recommend

for promotion, except that the Secretary may authorize a greater

number, not to exceed 15 percent of the total number of officers that

the board is authorized to recommend for promotion, if the Secretary determines that the needs of the Coast Guard so require. If

the maximum number determined under this subparagraph is less

than one, the board may recommend one officer for promotion from

below the promotion zone.

‘‘(C) The number of officers recommended for promotion from

below the promotion zone does not increase the maximum number

of officers that the board is authorized to recommend for promotion

under paragraph (2).’’.

(b) RUNNING MATE SYSTEM MADE OPTIONAL.—(1) Section 731

of such title is amended—

(A) by designating the text of such section as subsection (b);

(B) by inserting after the section heading the following:

‘‘(a) AUTHORITY TO USE RUNNING MATE SYSTEM.—The Secretary may by regulation implement section 729(d)(1) of this title by

requiring that the promotion zone for consideration of Reserve officers in an active status for promotion to the next higher grade be

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determined in accordance with a running mate system as provided

in subsection (b).’’;

(C) in subsection (b), as designated by subparagraph (A), by

striking ‘‘Subject to the eligibility requirements of this subchapter, a Reserve officer shall’’ and inserting the following:

‘‘CONSIDERATION FOR PROMOTION.—If promotion zones are determined as authorized under subsection (a), a Reserve officer

shall, subject to the eligibility requirements of this subchapter,’’;

and

(D) by adding at the end the following:

‘‘(c) CONSIDERATION OF OFFICERS BELOW THE ZONE.—If the

Secretary authorizes the selection of officers for promotion from

below the promotion zone in accordance with section 729(d)(3) of

this title, the number of officers to be considered from below the zone

may be established through the application of the running mate system under this subchapter or otherwise as the Secretary determines

to be appropriate to meet the needs of the Coast Guard.’’.

(2)(A) The heading for such section is amended to read as follows:

‘‘§ 731. Establishment of promotion zones under running

mate system’’.

(B) The item relating to such section in the table of sections at

the beginning of chapter 21 of such title is amended to read as follows:

‘‘731. Establishment of promotion zones under running mate system.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to selection boards convened under section

730 of title 14, United States Code, on or after the date of the enactment of this Act.

SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION

SELECTION BOARDS.

(a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section 618(e) of title

10, United States Code, is amended to read as follows:

‘‘(e)(1) The names of the officers recommended for promotion in

the report of a selection board shall be disseminated to the armed

force concerned as follows:

‘‘(A) In the case of officers recommended for promotion to

a grade below brigadier general or rear admiral (lower half),

such names may be disseminated upon, or at any time after, the

transmittal of the report to the President.

‘‘(B) In the case of officers recommended for promotion to

a grade above colonel or, in the case of the Navy, captain, such

names may be disseminated upon, or at any time after, the approval of the report by the President.

‘‘(C) In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated

upon confirmation by the Senate.

‘‘(2) A list of names of officers disseminated under paragraph

(1) may not include—

‘‘(A) any name removed by the President from the report of

the selection board containing that name, if dissemination is

under the authority of subparagraph (B) of such paragraph; or

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‘‘(B) the name of any officer whose promotion the Senate

failed to confirm, if dissemination is under the authority of subparagraph (C) of such paragraph.’’.

(b) RESERVE ACTIVE-STATUS LIST OFFICER BOARDS.—The text

of section 14112 of title 10, United States Code, is amended to read

as follows:

‘‘(a) TIME FOR DISSEMINATION.—The names of the officers recommended for promotion in the report of a selection board shall be

disseminated to the armed force concerned as follows:

‘‘(1) In the case of officers recommended for promotion to a

grade below brigadier general or rear admiral (lower half),

such names may be disseminated upon, or at any time after, the

transmittal of the report to the President.

‘‘(2) In the case of officers recommended for promotion to a

grade above colonel or, in the case of the Navy, captain, such

names may be disseminated upon, or at any time after, the approval of the report by the President.

‘‘(3) In the case of officers whose names have not been sooner disseminated, such names shall be promptly disseminated—

‘‘(A) upon confirmation of the promotion of the officers

by the Senate (in the case of promotions required to be submitted to the Senate for confirmation); or

‘‘(B) upon the approval of the report by the President

(in the case of promotions not required to be submitted to

the Senate for confirmation).

‘‘(b) NAMES NOT DISSEMINATED.—A list of names of officers disseminated under subsection (a) may not include—

‘‘(1) any name removed by the President from the report of

the selection board containing that name, if dissemination is

under the authority of paragraph (2) or (3)(B) of that subsection; or

‘‘(2) the name of any officer whose promotion the Senate

failed to confirm, if dissemination is under the authority of

paragraph (3)(A) of that subsection.’’.

SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF

ACTIVE-DUTY LIST SELECTION BOARDS WHEN RESERVE

OFFICERS ARE UNDER CONSIDERATION.

(a) CLARIFICATION.—Section 612(a) of title 10, United States

Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘who are on the active-duty list’’ in the

second sentence; and

(B) by inserting after the second sentence the following

new sentence: ‘‘Each member of a selection board (except as

provided in paragraphs (2), (3), and (4)) shall be an officer

on the active-duty list.’’; and

(2) in paragraph (3)—

(A) by striking ‘‘of that armed force, with the exact

number of reserve officers to be’’ and inserting ‘‘of that

armed force on active duty (whether or not on the activeduty list). The actual number of reserve officers shall be’’;

and

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(B) by striking ‘‘his discretion, except that’’ and inserting ‘‘the Secretary’s discretion. Notwithstanding the first

sentence of this paragraph,’’.

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

shall apply to any selection board convened under section 611(a) of

title 10, United States Code, on or after August 1, 1981.

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.

(a) REPEAL OF LIMITATION TO DEATHS OCCURRING AFTER SECRETARIAL APPROVAL.—Subsection (a)(3) of section 1521 of title 10,

United States Code, is amended by striking ‘‘and the recommendation for whose appointment or promotion was approved by the Secretary concerned’’.

(b) EFFECTIVE DATE OF COMMISSION.—Subsection (b) of such

section is amended by striking ‘‘approval’’ both places it appears

and inserting ‘‘official recommendation’’.

SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE

OF RESERVE COMMISSIONED OFFICERS.

(a) ARMY.—Section 3961(a) of title 10, United States Code, is

amended by striking ‘‘or for nonregular service under chapter 1223

of this title’’.

(b) AIR FORCE.—Section 8961(a) of title 10, United States Code,

is amended by striking ‘‘or for nonregular service under chapter

1223 of this title’’.

(c) EFFECTIVE DATE.—The amendments made by subsections (a)

and (b) shall apply to Reserve commissioned officers who are promoted to a higher grade as a result of selection for promotion by a

board convened under chapter 36 or 1403 of title 10, United States

Code, or having been found qualified for Federal recognition in a

higher grade under chapter 3 of title 32, United States Code, after

October 1, 1996.

SEC. 507. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS OF NATIONAL GUARD COMPONENTS.

(a) CHIEF OF ARMY RESERVE.—Subsections (b) and (c) of section

3038 of title 10, United States Code, are amended to read as follows:

‘‘(b) APPOINTMENT.—(1) The President, by and with the advice

and consent of the Senate, shall appoint the Chief of Army Reserve

from general officers of the Army Reserve who have had at least 10

years of commissioned service in the Army Reserve.

‘‘(2) The Secretary of Defense may not recommend an officer to

the President for appointment as Chief of Army Reserve unless the

officer—

‘‘(A) is recommended by the Secretary of the Army; and

‘‘(B) is determined by the Chairman of the Joint Chiefs of

Staff, in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty experience.

‘‘(3) An officer on active duty for service as the Chief of Army

Reserve shall be counted for purposes of the grade limitations under

sections 525 and 526 of this title.

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‘‘(4) Until October 1, 2003, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Army Reserve if the Secretary of the Army

requests the waiver and, in the judgment of the Secretary of

Defense—

‘‘(A) the officer is qualified for service in the position; and

‘‘(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Army Reserve is appointed for a period of four years, but may be removed

for cause at any time. An officer serving as Chief of Army Reserve

may be reappointed for one additional four-year period.

‘‘(2) The Chief of Army Reserve, while so serving, holds the

grade of lieutenant general.’’.

(b) CHIEF OF NAVAL RESERVE.—Subsections (b) and (c) of section 5143 of such title are amended to read as follows:

‘‘(b) APPOINTMENT.—(1) The President, by and with the advice

and consent of the Senate, shall appoint the Chief of Naval Reserve

from flag officers of the Navy (as defined in section 5001(1)) who

have had at least 10 years of commissioned service.

‘‘(2) The Secretary of Defense may not recommend an officer to

the President for appointment as Chief of Naval Reserve unless the

officer—

‘‘(A) is recommended by the Secretary of the Navy; and

‘‘(B) is determined by the Chairman of the Joint Chiefs of

Staff, in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty experience.

‘‘(3) An officer on active duty for service as the Chief of Naval

Reserve shall be counted for purposes of the grade limitations under

sections 525 and 526 of this title.

‘‘(4) Until October 1, 2003, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Naval Reserve if the Secretary of the Navy

requests the waiver and, in the judgment of the Secretary of

Defense—

‘‘(A) the officer is qualified for service in the position; and

‘‘(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Naval

Reserve is appointed for a term determined by the Chief of Naval

Operations, normally four years, but may be removed for cause at

any time. An officer serving as Chief of Naval Reserve may be reappointed for one additional term of up to four years.

‘‘(2) The Chief of Naval Reserve, while so serving, holds the

grade of vice admiral.’’.

(c) COMMANDER, MARINE FORCES RESERVE.—Subsections (b)

and (c) of section 5144 of such title are amended to read as follows:

‘‘(b) APPOINTMENT.—(1) The President, by and with the advice

and consent of the Senate, shall appoint the Commander, Marine

Forces Reserve, from general officers of the Marine Corps (as defined in section 5001(2)) who have had at least 10 years of commissioned service.

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‘‘(2) The Secretary of Defense may not recommend an officer to

the President for appointment as Commander, Marine Forces Reserve, unless the officer—

‘‘(A) is recommended by the Secretary of the Navy; and

‘‘(B) is determined by the Chairman of the Joint Chiefs of

Staff, in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty experience.

‘‘(3) An officer on active duty for service as the Commander,

Marine Forces Reserve, shall be counted for purposes of the grade

limitations under sections 525 and 526 of this title.

‘‘(4) Until October 1, 2003, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Commander, Marine Forces Reserve, if the Secretary

of the Navy requests the waiver and, in the judgment of the Secretary of Defense—

‘‘(A) the officer is qualified for service in the position; and

‘‘(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The Commander, Marine Forces Reserve, is appointed for a term determined by the Commandant of the Marine Corps, normally four years, but may be removed for cause at any time. An officer serving as Commander, Marine Forces Reserve, may be reappointed for one additional term of

up to four years.

‘‘(2) The Commander, Marine Forces Reserve, while so serving,

holds the grade of lieutenant general.’’.

(d) CHIEF OF AIR FORCE RESERVE.—Subsections (b) and (c) of

section 8038 of such title are amended to read as follows:

‘‘(b) APPOINTMENT.—(1) The President, by and with the advice

and consent of the Senate, shall appoint the Chief of Air Force Reserve from general officers of the Air Force Reserve who have had

at least 10 years of commissioned service in the Air Force.

‘‘(2) The Secretary of Defense may not recommend an officer to

the President for appointment as Chief of Air Force Reserve unless

the officer—

‘‘(A) is recommended by the Secretary of the Air Force; and

‘‘(B) is determined by the Chairman of the Joint Chiefs of

Staff, in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty experience.

‘‘(3) An officer on active duty for service as the Chief of Air

Force Reserve shall be counted for purposes of the grade limitations

under sections 525 and 526 of this title.

‘‘(4) Until October 1, 2003, the Secretary of Defense may waive

subparagraph (B) of paragraph (2) with respect to the appointment

of an officer as Chief of Air Force Reserve if the Secretary of the Air

Force requests the waiver and, in the judgment of the Secretary of

Defense—

‘‘(A) the officer is qualified for service in the position; and

‘‘(B) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

‘‘(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Air Force

Reserve is appointed for a period of four years, but may be removed

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for cause at any time. An officer serving as Chief of Air Force Reserve may be reappointed for one additional four-year period.

‘‘(2) The Chief of Air Force Reserve, while so serving, holds the

grade of lieutenant general.’’.

(e) DIRECTORS IN THE NATIONAL GUARD BUREAU.—Section

10506(a) of such title is amended—

(1) in subparagraphs (A) and (B) of paragraph (1), by striking ‘‘while so serving shall hold the grade of major general or,

if appointed to that position in accordance with section

12505(a)(2) of this title, the grade of lieutenant general, and’’

and inserting ‘‘shall be appointed in accordance with paragraph (3), shall hold the grade of lieutenant general while so

serving, and shall’’; and

(2) by adding at the end the following new paragraph:

‘‘(3)(A) The President, by and with the advice and consent of the

Senate, shall appoint the Director, Army National Guard, from general officers of the Army National Guard of the United States and

shall appoint the Director, Air National Guard, from general officers of the Air National Guard of the United States.

‘‘(B) The Secretary of Defense may not recommend an officer to

the President for appointment as Director, Army National Guard, or

as Director, Air National Guard, unless the officer—

‘‘(i) is recommended by the Secretary of the military department concerned; and

‘‘(ii) is determined by the Chairman of the Joint Chiefs of

Staff, in accordance with criteria and as a result of a process

established by the Chairman, to have significant joint duty experience.

‘‘(C) An officer on active duty for service as the Director, Army

National Guard, or the Director, Air National Guard, shall be

counted for purposes of the grade limitations under sections 525

and 526 of this title.

‘‘(D) Until October 1, 2003, the Secretary of Defense may waive

clause (ii) of subparagraph (B) with respect to the appointment of

an officer as Director, Army National Guard, or as Director, Air National Guard, if the Secretary of the military department concerned

requests the waiver and, in the judgment of the Secretary of

Defense—

‘‘(i) the officer is qualified for service in the position; and

‘‘(ii) the waiver is necessary for the good of the service.

Any such waiver shall be made on a case-by-case basis.

‘‘(E) The Director, Army National Guard, and the Director, Air

National Guard, are appointed for a period of four years, but may

be removed for cause at any time. An officer serving as either Director may be reappointed for one additional four-year period.’’.

(f) REPEAL OF SUPERSEDED SECTION.—(1) Section 12505 of

such title is repealed.

(2) The table of sections at the beginning of chapter 1213 is

amended by striking the item relating to section 12505.

(g) CONFORMING INCREASE IN AUTHORIZED NUMBER OF O–9

POSITIONS.—Section 525(b) of such title is amended—

(1) in paragraph (1)—

(A) by striking ‘‘Army, Air Force, or Marine Corps’’ in

the first sentence and inserting ‘‘Army or Air Force’’;

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(B) by striking ‘‘15 percent’’ both places it appears and

inserting ‘‘15.7 percent’’;

(C) by striking ‘‘In the case of the Army and Air Force,

of’’ at the beginning of the second sentence and inserting

‘‘Of’’; and

(D) by inserting ‘‘of the Army or Air Force’’ in the second sentence after ‘‘general officers’’; and

(2) in paragraph (2)—

(A) by inserting ‘‘(A)’’ after ‘‘(2)’’;

(B) by striking ‘‘15 percent’’ both places it appears and

inserting ‘‘15.7 percent’’; and

(C) by adding at the end the following:

‘‘(B) No appointment may be made in a grade above major general in the Marine Corps if that appointment would result in more

than 16.2 percent of the general officers of the Marine Corps on active duty being in grades above major general.’’.

(h) STUDY OF INCREASE IN GRADE FOR VICE CHIEF OF NA- TIONAL GUARD BUREAU.—(1) The Secretary of Defense shall conduct

a study of the advisability of changing the grade authorized for the

Vice Chief of the National Guard Bureau from major general to

lieutenant general.

(2) As part of the study, the Chief of the National Guard Bureau shall submit to the Secretary of Defense an analysis of the

functions and responsibilities of the Vice Chief of the National

Guard Bureau and the Chief’s recommendation as to whether the

grade for the Vice Chief should be changed from major general to

lieutenant general.

(3) Not later than February 1, 2001, the Secretary shall submit

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

Representatives a report on the study. The report shall include the

following—

(A) the recommendation of the Chief of the National Guard

Bureau and any other information provided by the Chief to the

Secretary of Defense pursuant to paragraph (2);

(B) the conclusions resulting from the study; and

(C) the Secretary’s recommendations regarding whether the

grade authorized for the Vice Chief of the National Guard Bureau should be changed to lieutenant general.

(i) IMPLEMENTATION.—(1) An appointment or reappointment, in

the case of the incumbent in a reserve component chief position,

shall be made to each of the reserve component chief positions not

later than 12 months after the date of the enactment of this Act, in

accordance with the amendments made by subsections (a) through

(e).

(2) An officer serving in a reserve component chief position on

the date of the enactment of this Act may be reappointed to that position under the amendments made by subsection (a) through (e), if

eligible and otherwise qualified in accordance with those amendments. If such an officer is so reappointed, the appointment may be

made for the remainder of the officer’s original term or for a full

new term, as specified at the time of the appointment.

(3) An officer serving on the date of the enactment of this Act

in a reserve component chief position may continue to serve in that

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diately before the amendments made by this section until a successor is appointed under paragraph (1) (or that officer is reappointed under paragraph (1)).

(4) The amendments made by subsection (g) shall be implemented so that each increase authorized by those amendments in

the number of officers in the grades of lieutenant general and vice

admiral is implemented on a case-by-case basis with an initial appointment made after the date of the enactment of this Act, as specified in paragraph (1), to a reserve component chief position.

(5) For purposes of this subsection, the term ‘‘reserve component

chief position’’ means a position specified in section 3038, 5143,

5144, or 8038 of title 10, United States Code, or the position of Director, Army National Guard or Director, Air National Guard under

section 10506(a)(1) of such title.

SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION

PAY FOR REGULAR AND RESERVE OFFICERS.

(a) REGULAR OFFICERS.—Subsection (a) of section 1174 of title

10, United States Code, is amended by adding at the end the following new paragraph:

‘‘(4) Notwithstanding paragraphs (1) and (2), an officer who is

subject to discharge under any provision of chapter 36 of this title

or under section 580 or 6383 of this title by reason of having twice

failed of selection for promotion to the next higher grade is not entitled to separation pay under this section if that officer, after such

second failure of selection for promotion, is selected for, and declines, continuation on active duty for a period that is equal to or

more than the amount of service required to qualify the officer for

retirement.’’.

(b) RESERVE OFFICERS.—Subsection (c) of such section is

amended by adding at the end the following new paragraph:

‘‘(4) In the case of an officer who is subject to discharge or release from active duty under a law or regulation requiring that an

officer who has failed of selection for promotion to the next higher

grade for the second time be discharged or released from active duty

and who, after such second failure of selection for promotion, is selected for, and declines, continuation on active duty—

‘‘(A) if the period of time for which the officer was selected

for continuation on active duty is less than the amount of service that would be required to qualify the officer for retirement,

the officer’s discharge or release from active duty shall be considered to be involuntary for purposes of paragraph (1)(A); and

‘‘(B) if the period of time for which the officer was selected

for continuation on active duty is equal to or more than the

amount of service that would be required to qualify the officer

for retirement, the officer’s discharge or release from active duty

shall not be considered to be involuntary for the purposes of

paragraph (1)(A).’’.

(c) EFFECTIVE DATE.—Paragraph (4) of section 1174(a) of title

10, United States Code, as added by subsection (a), and paragraph

(4) of section 1174(c) of such title, as added by subsection (b), shall

apply with respect to any offer of selective continuation on active

duty that is declined on or after the date of the enactment of this

Act.

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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.

Section 641(1) of title 10, United States Code, is amended—

(1) by redesignating subparagraphs (D) through (G) as subparagraphs (E) through (H), respectively; and

(2) by inserting after subparagraph (C) the following new

subparagraph:

‘‘(D) on the reserve active-status list who are on active

duty under section 12301(d) of this title, other than as provided in subparagraph (C), under a call or order to active

duty specifying 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.

Section 14701(a)(1) of title 10, United States Code, is amended

by striking ‘‘Upon application, a reserve officer’’ and inserting ‘‘A reserve officer’’.

SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN

ALL MEDICAL SPECIALTIES UNTIL SPECIFIED AGE.

Section 14703(a)(3) of title 10, United States Code, is amended

by striking ‘‘veterinary officer’’ and all that follows through the period and inserting ‘‘Air Force nurse, Medical Service Corps officer,

biomedical sciences officer, or chaplain.’’.

SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE COMPONENT MEMBERS FOLLOWING RELEASE

FROM ACTIVE DUTY.

(a) LEGAL SERVICES.—Section 1044(a) of title 10, United States

Code, is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph (4):

‘‘(4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call

or order to active duty for more than 30 days issued under a

mobilization authority (as determined by the Secretary of Defense), for a period of time, prescribed by the Secretary of Defense, that begins on the date of the release and is not less than

twice the length of the period served on active duty under that

call or order to active duty.’’.

(b) DEPENDENTS.—Paragraph (5) of such section, as redesignated by subsection (a)(1), is amended by striking ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.

(c) IMPLEMENTING REGULATIONS.—Regulations to implement

the amendments made by this section shall be prescribed not later

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

SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT

DATE FOR CERTAIN RESERVE TECHNICIANS.

(a) MANDATORY RETIREMENT NOT APPLICABLE UNTIL AGE 60.—

Section 10218 of title 10, United States Code, is amended—

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(1) in subsection (a)—

(A) by inserting ‘‘and is age 60 or older at that time’’

after ‘‘unreduced annuity’’ in paragraph (2);

(B) by inserting ‘‘or is under age 60 at that time’’ after

‘‘unreduced annuity’’ in paragraph (3)(A); and

(C) by inserting ‘‘and becoming 60 years of age’’ after

‘‘unreduced annuity’’ in paragraph (3)(B)(ii)(I); and

(2) in subsection (b)—

(A) by inserting ‘‘and is age 60 or older’’ after ‘‘unreduced annuity’’ in paragraph (1);

(B) by inserting ‘‘or is under age 60’’ after ‘‘unreduced

annuity’’ in paragraph (2)(A); and

(C) by inserting ‘‘and becoming 60 years of age’’ after

‘‘unreduced annuity’’ in paragraph (2)(B)(ii)(I).

(b) TRANSITION PROVISION.—(1) An individual who before the

date of the enactment of this Act was involuntarily separated or retired from employment as an Army Reserve or Air Force Reserve

technician under section 10218 of title 10, United States Code, and

who would not have been so separated if the provisions of subsection

(c) of that section, as amended by subsection (a), had been in effect

at the time of such separation may, with the approval of the Secretary concerned, be reinstated to the technician status held by that

individual immediately before that separation. The effective date of

any such reinstatement is the date the employee resumes technician

status.

(2) The authority under paragraph (1) applies only to reinstatement for which an application is received by the Secretary concerned before the end of the one-year period beginning on the date

of the enactment of this Act.

Subtitle C—Education and Training

SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESIDENTIAL APPOINTMENT TO SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 4342(b)(1) of

title 10, United States Code, is amended—

(1) in subparagraph (B), by striking ‘‘, other than those

granted retired pay under section 12731 of this title (or under

section 1331 of this title as in effect before the effective date of

the Reserve Officer Personnel Management Act)’’; and

(2) by inserting after subparagraph (B) the following:

‘‘(C) are serving as members of reserve components and

are credited with at least eight years of service computed

under section 12733 of this title; or

‘‘(D) would be, or who died while they would have

been, entitled to retired pay under chapter 1223 of this title

except for not having attained 60 years of age;’’.

(b) UNITED STATES NAVAL ACADEMY.—Section 6954(b)(1) of

such title is amended—

(1) in subparagraph (B), by striking ‘‘, other than those

granted retired pay under section 12731 of this title (or under

section 1331 of this title as in effect before the effective date of

the Reserve Officer Personnel Management Act)’’; and

(2) by inserting after subparagraph (B) the following:

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‘‘(C) are serving as members of reserve components and

are credited with at least eight years of service computed

under section 12733 of this title; or

‘‘(D) would be, or who died while they would have

been, entitled to retired pay under chapter 1223 of this title

except for not having attained 60 years of age;’’.

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(b)(1) of

such title is amended—

(1) in subparagraph (B), by striking ‘‘, other than those

granted retired pay under section 12731 of this title (or under

section 1331 of this title as in effect before the effective date of

the Reserve Officer Personnel Management Act)’’; and

(2) by inserting after subparagraph (B) the following:

‘‘(C) are serving as members of reserve components and

are credited with at least eight years of service computed

under section 12733 of this title; or

‘‘(D) would be, or who died while they would have

been, entitled to retired pay under chapter 1223 of this title

except for not having attained 60 years of age;’’.

SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUCTION AT SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 4344(a) of

title 10, United States Code, is amended by adding at the end the

following new paragraph:

‘‘(3) In selecting persons to receive instruction under this section

from among applicants from the countries approved under paragraph (2), the Secretary of the Army shall give a priority to persons

who have a national service obligation to their countries upon graduation from the Academy.’’.

(b) UNITED STATES NAVAL ACADEMY.—Section 6957(a) of such

title is amended by adding at the end the following new paragraph:

‘‘(3) In selecting persons to receive instruction under this section

from among applicants from the countries approved under paragraph (2), the Secretary of the Navy shall give a priority to persons

who have a national service obligation to their countries upon graduation from the Academy.’’.

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9344(a) of

such title is amended by adding at the end the following new paragraph:

‘‘(3) In selecting persons to receive instruction under this section

from among applicants from the countries approved under paragraph (2), the Secretary of the Air Force shall give a priority to persons who have a national service obligation to their countries upon

graduation from the Academy.’’.

(d) APPLICABILITY.—The amendments made by this section

shall apply with respect to academic years that begin after October

1, 2000.

SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR

MEMBERS OF MARINE CORPS PLATOON LEADERS CLASS

PROGRAM.

(a) ELIGIBILITY OF OFFICERS.—Section 16401 of title 10, United

States Code, is amended—

(1) in subsection (a), by striking ‘‘enlisted’’ in the matter

preceding paragraph (1); and

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(2) in subsection (b)(1)—

(A) by striking ‘‘an enlisted member’’ in the matter preceding subparagraph (A) and inserting ‘‘a member’’; and

(B) by striking ‘‘an officer candidate in’’ in subparagraph (A) and inserting ‘‘a member of’’.

(b) REPEAL OF AGE LIMITATIONS.—Subsection (b) of such section is amended—

(1) in paragraph (1)—

(A) by striking subparagraph (B);

(B) by redesignating subparagraphs (C) and (D) as

subparagraphs (B) and (C), respectively; and

(C) in subparagraph (C), as so redesignated, by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (2)’’;

(2) by striking paragraph (2);

(3) by redesignating paragraph (3) as paragraph (2); and

(4) in paragraph (2), as so redesignated, by striking ‘‘paragraph (1)(D)’’ and inserting ‘‘paragraph (1)(C)’’.

(c) CANDIDATES FOR LAW DEGREES.—Subsection (a)(2) of such

section is amended by striking ‘‘three’’ and inserting ‘‘four’’.

(d) SANCTIONS; EXCEPTIONS.—Subsection (f) of such section is

amended—

(1) in paragraph (1)—

(A) by striking ‘‘A member who’’ and inserting ‘‘An enlisted member who’’;

(B) by inserting ‘‘and an officer who receives financial

assistance under this section may be required to repay the

full amount of financial assistance,’’ after ‘‘for more than

four years,’’; and

(C) by inserting ‘‘or, if already a commissioned officer

in the Marine Corps, refuses to accept an assignment on active duty when offered’’ in subparagraph (A) after ‘‘when offered’’; and

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

‘‘(2) The Secretary of the Navy may waive the requirements of

paragraph (1) in the case of a person who—

‘‘(A) becomes unqualified to serve on active duty as an officer due to a circumstance not within the control of the person;

‘‘(B) is not physically qualified for appointment under section 532 of this title and later is determined by the Secretary

of the Navy under section 505 of this title to be unqualified for

service as an enlisted member of the Marine Corps due to a

physical or medical condition that was not the result of misconduct or grossly negligent conduct; or

‘‘(C) fails to complete the military or academic requirements

of the Marine Corps Platoon Leaders Class program due to a

circumstance not within the control of the person.’’.

(e) CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF

CREDITABLE SERVICE AS A MARINE CORPS OFFICER.—(1) Section

205(f) of title 37, United States Code, is amended by striking ‘‘that

the officer performed concurrently as a member’’ and inserting ‘‘that

the officer performed concurrently as an enlisted member’’.

(2) Such section is further amended by striking ‘‘section 12209’’

and inserting ‘‘section 12203’’.

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(f) AMENDMENTS OF HEADINGS.—(1) The heading of section

16401 of title 10, United States Code, is amended to read as follows:

‘‘§ 16401. Marine Corps Platoon Leaders Class: college tuition

assistance program’’.

(2) The heading for subsection (a) of such section is amended

by striking ‘‘FOR FINANCIAL ASSISTANCE PROGRAM’’.

(g) CLERICAL AMENDMENT.—The item relating to such section

in the table of chapters at the beginning of chapter 1611 of title 10,

United States Code, is amended to read as follows:

‘‘16401. Marine Corps Platoon Leaders Class: college tuition assistance program.’’.

SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS

TRAINING CORPS UNITS AMONG THE SERVICES.

(a) REALLOCATION OF JROTC UNITS.—Not later than March

31, 2001, the Secretary of Defense shall—

(1) review the allocation among the military departments of

the statutory maximum number of Junior Reserve Officers’

Training Corps (JROTC) units; and

(2) redistribute the allocation of those units planned (as of

the date of the enactment of this Act) for fiscal years 2001

through 2006 so as to increase the number of units for a military department that proposes to more quickly eliminate the

current waiting list for such units and to commit the necessary

resources for that purpose.

(b) PROPOSAL FOR INCREASE IN STATUTORY MAXIMUM.—If,

based on the review under subsection (a) and the redistribution of

the allocation of JROTC units under that subsection, the Secretary

determines that an increase in the statutory maximum number of

such units is warranted, the Secretary shall include a proposal for

such an increase in the budget proposal of the Department of Defense for fiscal year 2002.

SEC. 535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL CERTAIN DEFENSE INDUSTRY CIVILIANS IN SPECIFIED PROGRAMS RELATING TO DEFENSE PRODUCT DEVELOPMENT.

(a) IN GENERAL.—(1) Chapter 605 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 7049. Defense industry civilians: admission to defense

product development program

‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of the Navy

may permit eligible defense industry employees to receive instruction

at the Naval Postgraduate School in accordance with this section.

Any such defense industry employee may only be enrolled in, and

may only be provided instruction in, a program leading to a

masters’s degree in a curriculum related to defense product development. No more than 10 such defense industry employees may be enrolled at any one time. Upon successful completion of the course of

instruction in which enrolled, any such defense industry employee

may be awarded an appropriate degree under section 7048 of this

title.

‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—For purposes of

this section, an eligible defense industry employee is an individual

employed by a private firm that is engaged in providing to the DeVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00152 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.058 pfrm03 PsN: HR945
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partment of Defense significant and substantial defense-related systems, products, or services. A defense industry employee admitted

for instruction at the school remains eligible for such instruction

only so long at that person remains employed by the same firm.

‘‘(c) ANNUAL CERTIFICATION BY THE SECRETARY OF THE NAVY.— Defense industry employees may receive instruction at the school

during any academic year only if, before the start of that academic

year, the Secretary of the Navy determines, and certifies to the Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives, that providing instruction to defense industry employees under this section during

that year—

‘‘(1) will further the military mission of the school;

‘‘(2) will enhance the ability of the Department of Defense

and defense-oriented private sector contractors engaged in the

design and development of defense systems to reduce the product and project lead times required to bring such systems to initial operational capability; and

‘‘(3) will be done on a space-available basis and not require

an increase in the size of the faculty of the school, an increase

in the course offerings of the school, or an increase in the laboratory facilities or other infrastructure of the school.

‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of the Navy

shall ensure that—

‘‘(1) the curriculum for the defense product development

program in which defense industry employees may be enrolled

under this section is not readily available through other schools

and concentrates on defense product development functions that

are conducted by military organizations and defense contractors

working in close cooperation; and

‘‘(2) the course offerings at the school continue to be determined solely by the needs of the Department of Defense.

‘‘(e) TUITION.—The Superintendent of the school shall charge

tuition for students enrolled under this section at a rate not less

than the rate charged for employees of the United States outside the

Department of the Navy.

‘‘(f) STANDARDS OF CONDUCT.—While receiving instruction at

the school, students enrolled under this section, to the extent practicable, are subject to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply

to Government civilian employees receiving instruction at the school.

‘‘(g) USE OF FUNDS.—Amounts received by the school for instruction of students enrolled under this section shall be retained by

the school to defray the costs of such instruction. The source, and

the disposition, of such funds shall be specifically identified in

records of the school.’’.

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

amended by adding at the end the following new item:

‘‘7049. Defense industry civilians: admission to defense product development program.’’.

(b) PROGRAM EVALUATION AND REPORT.—(1) Before the start of

the fourth year of instruction, but no earlier than the start of the

third year of instruction, of defense industry employees at the Naval

Postgraduate School under section 7049 of title 10, United States

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Code, as added by subsection (a), the Secretary of the Navy shall

conduct an evaluation of the admission of such students under that

section. The evaluation shall include the following:

(A) An assessment of whether the authority for instruction

of nongovernment civilians at the school has resulted in a discernible benefit for the Government.

(B) Determination of whether the receipt and disposition of

funds received by the school as tuition for instruction of such

civilians at the school have been properly identified in records

of the school.

(C) A summary of the disposition and uses made of those

funds.

(D) An assessment of whether instruction of such civilians

at the school is in the best interests of the Government.

(2) Not later than 30 days after completing the evaluation referred to in paragraph (1), the Secretary of the Navy shall submit

to the Secretary of Defense a report on the program under such section. The report shall include—

(A) the results of the evaluation under paragraph (1);

(B) the Secretary’s conclusions and recommendation with

respect to continuing to allow nongovernment civilians to receive instruction at the Naval Postgraduate School as part of a

program related to defense product development; and

(C) any proposals for legislative changes recommended by

the Secretary.

(3) Not later than 60 days after receiving the report of the Secretary of the Navy under paragraph (2), the Secretary of Defense

shall submit the report, together with any comments that the Secretary considers appropriate, to the Committee on Armed Services of

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

Representatives.

Subtitle D—Decorations, Awards, and

Commendations

SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN

RECEIPT OF IMMINENT DANGER PAY.

(a) IN GENERAL.—Chapter 57 of title 10, United States Code, is

amended by adding at the end the following new section:

‘‘§ 1133. Bronze Star: limitation to members receiving imminent danger pay

‘‘The decoration known as the ‘Bronze Star’ may only be awarded to a member of the armed forces who is in receipt of special pay

under section 310 of title 37 at the time of the events for which the

decoration is to be awarded or who receives such pay as a result of

those events.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘1133. Bronze star: limitation to members receiving imminent danger pay.’’.

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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.

(a) IN GENERAL.—Chapter 80 of title 10, United States Code, is

amended by adding at the end the following new section:

‘‘§ 1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for

review and recommendation

‘‘(a) REVIEW BY SECRETARY CONCERNED.—Upon request of a

Member of Congress, the Secretary concerned shall review a proposal for the posthumous or honorary promotion or appointment of

a member or former member of the armed forces, or any other person considered qualified, that is not otherwise authorized by law.

Based upon such review, the Secretary shall make a determination

as to the merits of approving the posthumous or honorary promotion

or appointment and the other determinations necessary to comply

with subsection (b).

‘‘(b) NOTICE OF RESULTS OF REVIEW.—Upon making a determination under subsection (a) as to the merits of approving the

posthumous or honorary promotion or appointment, the Secretary

concerned shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of Representatives and to the requesting Member of Congress notice in

writing of one of the following:

‘‘(1) The posthumous or honorary promotion or appointment does not warrant approval on the merits.

‘‘(2) The posthumous or honorary promotion or appointment warrants approval and authorization by law for the promotion or appointment is recommended.

‘‘(3) The posthumous or honorary promotion or appointment warrants approval on the merits and has been recommended to the President as an exception to policy.

‘‘(4) The posthumous or honorary promotion or appointment warrants approval on the merits and authorization by law

for the promotion or appointment is required but is not recommended.

A notice under paragraph (1) or (4) shall be accompanied by a statement of the reasons for the decision of the Secretary.

‘‘(c) DEFINITION.—In this section, the term ‘Member of Congress’

means—

‘‘(1) a Senator; or

‘‘(2) a Representative in, or a Delegate or Resident Commissioner to, Congress.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review and recommendation.’’.

SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN

DECORATIONS TO CERTAIN PERSONS.

(a) WAIVER.—Any limitation established by law or policy for the

time within which a recommendation for the award of a military

decoration or award must be submitted shall not apply to awards

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of decorations described in this section, the award of each such

decoration having been determined by the Secretary concerned to be

warranted in accordance with section 1130 of title 10, United States

Code.

(b) SILVER STAR.—Subsection (a) applies to the award of the

Silver Star to Louis Rickler, of Rochester, New York, for gallantry

in action from August 18 to November 18, 1918, while serving as

a member of the Army.

(c) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to

the award of the Distinguished Flying Cross for service during

World War II or Korea (including multiple awards to the same individual) in the case of each individual concerning whom the Secretary of the Navy (or an officer of the Navy acting on behalf of the

Secretary) submitted to the Committee on Armed Services of the

House of Representatives and the Committee on Armed Services of

the Senate, during the period beginning on October 5, 1999, and

ending on the day before the date of the enactment of this Act, a notice as provided in section 1130(b) of title 10, United States Code,

that the award of the Distinguished Flying Cross to that individual

is warranted and that a waiver of time restrictions prescribed by

law for recommendation for such award is recommended.

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.

(a) INFORMATION TO BE PROVIDED SECRETARY OF VETERANS

AFFAIRS.—The Secretary of the Army shall provide to the Secretary

of Veterans Affairs certain information, as specified in subsection

(b), pertaining to the remains of certain unknown persons that are

interred in the National Memorial Cemetery of the Pacific, Honolulu, Hawaii. The Secretary of Veterans Affairs shall add to the inscriptions on the markers on the graves containing those remains

the information provided.

(b) INFORMATION TO BE ADDED—The information to be added

to grave markers under subsection (a)—

(1) shall be determined by the Secretary of the Army, based

on a review of the information that, as of the date of the enactment of this Act, has been authenticated by the director of the

Naval Historical Center, Washington, D.C., pertaining to the interment of remains of certain unknown casualties from the

U.S.S. Arizona who died as a result of the Japanese attack on

Pearl Harbor on December 7, 1941; and

(2) shall, at a minimum, indicate that the interred remains

are from the U.S.S. Arizona.

(c) LIMITATION OF SCOPE OF SECTION.—This section does not

impose any requirement on the Secretary of the Army to undertake

a review of any information pertaining to the interred remains of

any unknown person other than as provided in subsection (b).

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.

(a) FINDINGS.—Congress makes the following findings:

127

(1) Shortly after midnight on the morning of July 30, 1945,

during the closing days of World War II, the United States

Navy heavy cruiser U.S.S. Indianapolis (CA–35) was torpedoed

and sunk by the Japanese submarine I–58 in what became the

worst sea disaster in the history of the United States Navy.

(2) Although approximately 900 of the ship’s crew of 1,196

survived the actual sinking, only 316 of those courageous sailors survived when rescued after four and a half days adrift in

the open sea, the remainder having perishing from battle

wounds, drowning, predatory shark attacks, exposure to the elements, and lack of food and potable water.

(3) Rescue for the remaining 316 sailors came only when

they were spotted by chance by Navy Lieutenant Wilbur C.

Gwinn while flying a routine naval air patrol mission.

(4) After the end of World War II, the commanding officer

of the U.S.S. Indianapolis, Captain Charles Butler McVay, III,

who was rescued with the other survivors, was court-martialed

for ‘‘suffering a vessel to be hazarded through negligence’’ by

failing to zigzag (a naval tactic employed to help evade submarine attacks) and was convicted even though—

(A) the choice to zigzag was left to Captain McVay’s

discretion in his orders; and

(B) Motchisura Hashimoto, the commander of the Japanese submarine that sank the U.S.S. Indianapolis, and

Glynn R. Donaho, a United States Navy submarine commander highly decorated for his service during World War

II, both testified at Captain McVay’s court-martial trial

that the Japanese submarine could have sunk the U.S.S.

Indianapolis whether or not it had been zigzagging, an assertion that has since been reaffirmed in a letter to the

Chairman of the Committee on Armed Services of the Senate dated November 24, 1999.

(5) Although not argued by Captain McVay’s defense counsel in the court-martial trial, poor visibility on the night of the

sinking (as attested in surviving crew members’ handwritten accounts recently discovered at the National Archives) justified

Captain McVay’s choice not to zigzag as that choice was consistent with the applicable Navy directives in force in 1945,

which stated that, ‘‘During thick weather and at night, except

on very clear nights or during bright moonlight, vessels normally cease zig-zagging.’’.

(6) Before the U.S.S. Indianapolis sailed from Guam on

what became her final voyage, Naval officials failed to provide

Captain McVay with available support that was critical to the

safety of the U.S.S. Indianapolis and her crew by—

(A) disapproving a request made by Captain McVay for

a destroyer escort for the U.S.S. Indianapolis across the

Philippine Sea as being ‘‘not necessary’’;

(B) not informing Captain McVay that naval intelligence sources, through signal intelligence (the Japanese

code having been broken earlier in World War II), had become aware that the Japanese submarine I–58 was operating in the area of the U.S.S. Indianapolis’ course (as disclosed in evidence presented in a hearing of the Committee

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on Armed Services of the Senate conducted September 14,

1999); and

(C) not informing Captain McVay of the sinking of the

destroyer escort U.S.S. Underhill by a Japanese submarine

within range of the course of the U.S.S. Indianapolis four

days before the U.S.S. Indianapolis departed Guam for the

Philippine Islands.

(7) Captain McVay’s court-martial initially was opposed by

his immediate command superiors, Fleet Admiral Chester Nimitz (CINCPAC) and Vice Admiral Raymond Spruance of the 5th

fleet, for whom the U.S.S. Indianapolis had served as flagship,

but, despite their recommendations, Secretary of the Navy

James Forrestal ordered the court-martial, largely on the basis

of the recommendation of Fleet Admiral Ernest King, Chief of

Naval Operations.

(8) There is no explanation on the public record for the

overruling by Secretary Forrestal of the recommendations made

by Admirals Nimitz and Spruance.

(9) Captain McVay was the only commander of a United

States Navy vessel lost in combat to enemy action during World

War II who was subjected to a court-martial trial for such a

loss, even though several hundred United States Navy ships

were lost in combat to enemy action during World War II.

(10) The survivors of the U.S.S. Indianapolis overwhelmingly conclude that Captain McVay was not at fault in the loss

of the Indianapolis and have dedicated their lives to vindicating their Captain McVay.

(11) Although promoted to the grade of rear admiral in accordance with then-applicable law upon retirement from the

Navy in 1949, Captain McVay never recovered from the stigma

of his post-war court-martial and in 1968, tragically, took his

own life.

(12) Charles Butler McVay, III—

(A) was a graduate of the United States Naval Academy;

(B) was an exemplary career naval officer with an outstanding record (including participation in the amphibious

invasions of North Africa, the assault on Iwo Jima, and the

assault on Okinawa where the U.S.S. Indianapolis under

his command survived a fierce kamikaze attack);

(C) was a recipient of the Silver Star earned for courage under fire during the Solomon Islands campaign; and

(D) with the crew of the U.S.S. Indianapolis, had so

thoroughly demonstrated proficiency in naval warfare that

the Navy entrusted him and the crew of the U.S.S. Indianapolis with transporting to the Pacific theater components

necessary for assembling the atomic bombs that were exploded over Hiroshima and Nagasaki to end the war with

Japan (delivery of such components to the island of Tinian

having been accomplished on July 25, 1945).

(b) SENSE OF CONGRESS CONCERNING CHARLES BUTLER

MCVAY, III.—With respect to the sinking of the U.S.S. Indianapolis

(CA–35) on July 30, 1945, and the subsequent court-martial conviction of the ship’s commanding officer, Captain Charles Butler

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McVay, III, arising from that sinking, it is the sense of Congress,

based on the review of evidence by the Senate and the House of

Representatives—

(1) that, in light of the remission by the Secretary of the

Navy of the sentence of the court-martial and the restoration of

Captain McVay to active duty by the Chief of Naval Operations,

Fleet Admiral Chester Nimitz, the American people should now

recognize Captain McVay’s lack of culpability for the tragic loss

of the U.S.S. Indianapolis and the lives of the men who died

as a result of the sinking of that vessel; and

(2) that, in light of the fact that certain exculpatory information was not available to the court-martial board and that

Captain McVay’s conviction resulted therefrom, Captain

McVay’s military record should now reflect that he is exonerated for the loss of the U.S.S. Indianapolis and so many of her

crew.

(c) UNIT CITATION FOR FINAL CREW OF U.S.S. INDIANAPOLIS.—

The Secretary of the Navy should award a Navy Unit Commendation to the U.S.S. Indianapolis (CA–35) and her final crew.

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.

(a) FINDINGS.—Congress makes the following findings:

(1) The late Rear Admiral Husband E. Kimmel, while serving in the temporary grade of admiral, was the Commander in

Chief of the United States Fleet and the Commander in Chief,

United States Pacific Fleet, at the time of the Japanese attack

on Pearl Harbor, Hawaii, on December 7, 1941, with an excellent and unassailable record throughout his career in the

United States Navy before that date.

(2) The late Major General Walter C. Short, while serving

in the temporary grade of lieutenant general, was the Commander of the United States Army Hawaiian Department, at

the time of the Japanese attack on Pearl Harbor, Hawaii, on

December 7, 1941, with an excellent and unassailable record

throughout his career in the United States Army before that

date.

(3) Numerous investigations following the attack on Pearl

Harbor have documented that Admiral Kimmel and Lieutenant

General Short were not provided necessary and critical intelligence that was available, that foretold of war with Japan,

that warned of imminent attack, and that would have alerted

them to prepare for the attack, including such essential communiques as the Japanese Pearl Harbor Bomb Plot message of

September 24, 1941, and the message sent from the Imperial

Japanese Foreign Ministry to the Japanese Ambassador in the

United States from December 6 to 7, 1941, known as the Fourteen-Part Message.

(4) On December 16, 1941, Admiral Kimmel and Lieutenant General Short were relieved of their commands and returned to their permanent grades of rear admiral and major

general, respectively.

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(5) Admiral William Harrison Standley, who served as a

member of the investigating commission known as the Roberts

Commission that accused Admiral Kimmel and Lieutenant

General Short of ‘‘dereliction of duty’’ only six weeks after the

attack on Pearl Harbor, later disavowed the report, maintaining that ‘‘these two officers were martyred’’ and ‘‘if they had

been brought to trial, both would have been cleared of the

charge’’.

(6) On October 19, 1944, a Naval Court of Inquiry—

(A) exonerated Admiral Kimmel on the grounds that

his military decisions and the disposition of his forces at

the time of the December 7, 1941, attack on Pearl Harbor

were proper ‘‘by virtue of the information that Admiral

Kimmel had at hand which indicated neither the probability nor the imminence of an air attack on Pearl Harbor’’;

(B) criticized the higher command for not sharing with

Admiral Kimmel ‘‘during the very critical period of November 26 to December 7, 1941, important information . . . regarding the Japanese situation’’; and

(C) concluded that the Japanese attack and its outcome

was attributable to no serious fault on the part of anyone

in the naval service.

(7) On June 15, 1944, an investigation conducted by Admiral T. C. Hart at the direction of the Secretary of the Navy produced evidence, subsequently confirmed, that essential intelligence concerning Japanese intentions and war plans was

available in Washington but was not shared with Admiral

Kimmel.

(8) On October 20, 1944, the Army Pearl Harbor Board of

Investigation determined that—

(A) Lieutenant General Short had not been kept ‘‘fully

advised of the growing tenseness of the Japanese situation

which indicated an increasing necessity for better preparation for war’’;

(B) detailed information and intelligence about Japanese intentions and war plans were available in ‘‘abundance’’ but were not shared with Lieutenant General

Short’s Hawaii command; and

(C) Lieutenant General Short was not provided ‘‘on the

evening of December 6th and the early morning of December 7th, the critical information indicating an almost immediate break with Japan, though there was ample time to

have accomplished this’’.

(9) The reports by both the Naval Court of Inquiry and the

Army Pearl Harbor Board of Investigation were kept secret, and

Rear Admiral Kimmel and Major General Short were denied

their requests to defend themselves through trial by court-martial.

(10) The joint committee of Congress that was established

to investigate the conduct of Admiral Kimmel and Lieutenant

General Short completed, on May 31, 1946, a 1,075-page report

which included the conclusions of the committee that the two officers had not been guilty of dereliction of duty.

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(11) On April 27, 1954, the Chief of Naval Personnel, Admiral J. L. Holloway, Jr., recommended that Rear Admiral

Kimmel be advanced in rank in accordance with the provisions

of the Officer Personnel Act of 1947.

(12) On November 13, 1991, a majority of the members of

the Board for the Correction of Military Records of the Department of the Army found that Major General Short ‘‘was unjustly held responsible for the Pearl Harbor disaster’’ and that

‘‘it would be equitable and just’’ to advance him to the rank of

lieutenant general on the retired list.

(13) In October 1994, the Chief of Naval Operations, Admiral Carlisle Trost, withdrew his 1988 recommendation against

the advancement of Rear Admiral Kimmel and recommended

that his case be reopened.

(14) Although the Dorn Report, a report on the results of a

Department of Defense study that was issued on December 15,

1995, did not provide support for an advancement of Rear Admiral Kimmel or Major General Short in grade, it did set forth

as a conclusion of the study that ‘‘responsibility for the Pearl

Harbor disaster should not fall solely on the shoulders of Admiral Kimmel and Lieutenant General Short, it should be broadly

shared’’.

(15) The Dorn Report found—

(A) that ‘‘Army and Navy officials in Washington were

privy to intercepted Japanese diplomatic communications

. . . which provided crucial confirmation of the imminence

of war’’;

(B) that ‘‘the evidence of the handling of these messages

in Washington reveals some ineptitude, some unwarranted

assumptions and misestimations, limited coordination, ambiguous language, and lack of clarification and followup at

higher levels’’; and

(C) that ‘‘together, these characteristics resulted in failure . . . to appreciate fully and to convey to the commanders in Hawaii the sense of focus and urgency that

these intercepts should have engendered’’.

(16) On July 21, 1997, Vice Admiral David C. Richardson

(United States Navy, retired) responded to the Dorn Report with

his own study which confirmed findings of the Naval Court of

Inquiry and the Army Pearl Harbor Board of Investigation and

established, among other facts, that the war effort in 1941 was

undermined by a restrictive intelligence distribution policy, and

the degree to which the commanders of the United States forces

in Hawaii were not alerted about the impending attack on Hawaii was directly attributable to the withholding of intelligence

from Admiral Kimmel and Lieutenant General Short.

(17) The Officer Personnel Act of 1947, in establishing a

promotion system for the Navy and the Army, provided a legal

basis for the President to honor any officer of the Armed Forces

of the United States who served his country as a senior commander during World War II with a placement of that officer,

with the advice and consent of the Senate, on the retired list

with the highest grade held while on the active duty list.

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(18) Rear Admiral Kimmel and Major General Short are

the only two officers eligible for advancement under the Officer

Personnel Act of 1947 as senior World War II commanders who

were excluded from the list of retired officers presented for advancement on the retired lists to their highest wartime grades

under that Act.

(19) This singular exclusion of those two officers from advancement on the retired list serves only to perpetuate the myth

that the senior commanders in Hawaii were derelict in their

duty and responsible for the success of the attack on Pearl Harbor, a distinct and unacceptable expression of dishonor toward

two of the finest officers who have served in the Armed Forces

of the United States.

(20) Major General Walter Short died on September 23,

1949, and Rear Admiral Husband Kimmel died on May 14,

1968, without the honor of having been returned to their wartime grades as were their fellow commanders of World War II.

(21) The Veterans of Foreign Wars, the Pearl Harbor Survivors Association, the Admiral Nimitz Foundation, the Naval

Academy Alumni Association, the Retired Officers Association,

and the Pearl Harbor Commemorative Committee, and other

associations and numerous retired military officers have called

for the rehabilitation of the reputations and honor of Admiral

Kimmel and Lieutenant General Short through their posthumous advancement on the retired lists to their highest wartime grades.

(b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND MAJOR GEN- ERAL SHORT ON RETIRED LISTS.—(1) The President is requested—

(A) to advance the late Rear Admiral Husband E. Kimmel,

United States Navy (retired), to the grade of admiral on the retired list of the Navy; and

(B) to advance the late Major General Walter C. Short,

United States Army (retired), to the grade of lieutenant general

on the retired list of the Army.

(2) Any advancement in grade on a retired list requested under

paragraph (1) shall not increase or change the compensation or benefits from the United States to which any person is now or may in

the future be entitled based upon the military service of the officer

advanced.

(c) SENSE OF CONGRESS REGARDING THE PROFESSIONAL PERFORMANCE OF ADMIRAL KIMMEL AND LIEUTENANT GENERAL

SHORT.—It is the sense of Congress—

(1) that the late Rear Admiral Husband E. Kimmel performed his duties as Commander in Chief, United States Pacific Fleet, competently and professionally and, therefore, that

the losses incurred by the United States in the attacks on the

naval base at Pearl Harbor, Hawaii, and other targets on the

island of Oahu, Hawaii, on December 7, 1941, were not a result

of dereliction in the performance of those duties by then Admiral Kimmel; and

(2) that the late Major General Walter C. Short performed

his duties as Commanding General, Hawaiian Department,

competently and professionally and, therefore, that the losses incurred by the United States in the attacks on Hickam Army Air

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Field and Schofield Barracks, Hawaii, and other targets on the

island of Oahu, Hawaii, on December 7, 1941, were not a result

of dereliction in the performance of those duties by then Lieutenant General Short.

SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR

WORLD WAR II ACTIONS.

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

(1) On August 2, 1944, a squadron of P–51s from the

United States 364th Fighter Group strafed a German munitions

train in Remy, France.

(2) The resulting explosion killed Lieutenant Houston

Braly, one of the attacking pilots, and destroyed much of the

village of Remy, including seven stained glass windows in the

13th century church.

(3) Despite threats of reprisals from the occupying German

authorities, the citizens of Remy recovered Lieutenant Braly’s

body from the wreckage, buried his body with dignity and

honor in the church’s cemetery, and decorated the grave site

daily with fresh flowers.

(4) On Armistice Day, 1995, the village of Remy renamed

the crossroads near the site of Lieutenant Braly’s death in his

honor.

(5) The surviving members of the 364th Fighter Group desire to express their gratitude to the brave citizens of Remy.

(6) To express their gratitude, the surviving members of the

364th Fighter Group have organized a nonprofit corporation to

raise funds, through its project ‘‘Windows for Remy’’, to restore

the church’s stained glass windows.

(b) COMMENDATION AND RECOGNITION.—The Congress commends the bravery and honor of the citizens of Remy, France, for

their actions with respect to the American fighter pilot Lieutenant

Houston Braly during and after August 1944, and recognizes the efforts of the surviving members of the United States 364th Fighter

Group to raise funds to restore the stained glass windows of Remy’s

13th century church.

SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WILLIAM H. PITSENBARGER FOR VALOR DURING THE VIETNAM WAR.

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the period

of limitations specified in section 8744 of title 10, United States

Code, or any other time limitation with respect to the awarding of

certain medals to persons who served in the Air Force, the President

may award the Medal of Honor under section 8741 of that title,

posthumously, to William H. Pitsenbarger of Piqua, Ohio, for the

acts of valor referred to in subsection (b).

(b) ACTION DEFINED.—The acts of valor referred to in subsection (a) are the actions of William H. Pitsenbarger on April 11,

1966, as an Air Force pararescue crew member, serving in the grade

of Airman First Class at Cam My, Republic of Vietnam, with Detachment 6, 38th Aerospace Rescue and Recovery Helicopter Squadron, in support of the combat mission known as ‘‘Operations Abilene’’.

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Subtitle E—Military Justice and Legal

Assistance Matters

SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY INSTRUMENTS.

(a) IN GENERAL.—Chapter 53 of title 10, United States Code, is

amended by inserting after section 1044c the following new section:

‘‘§ 1044d. Military testamentary instruments: requirement for

recognition by States

‘‘(a) TESTAMENTARY INSTRUMENTS TO BE GIVEN LEGAL EFFECT.—A military testamentary instrument—

‘‘(1) is exempt from any requirement of form, formality, or

recording before probate that is provided for testamentary instruments under the laws of a State; and

‘‘(2) has the same legal effect as a testamentary instrument

prepared and executed in accordance with the laws of the State

in which it is presented for probate.

‘‘(b) MILITARY TESTAMENTARY INSTRUMENTS.—For purposes of

this section, a military testamentary instrument is an instrument

that is prepared with testamentary intent in accordance with regulations prescribed under this section and that—

‘‘(1) is executed in accordance with subsection (c) by (or on

behalf of) a person, as a testator, who is eligible for military

legal assistance;

‘‘(2) makes a disposition of property of the testator; and

‘‘(3) takes effect upon the death of the testator.

‘‘(c) REQUIREMENTS FOR EXECUTION OF MILITARY TESTA- MENTARY INSTRUMENTS.—An instrument is valid as a military testamentary instrument only if—

‘‘(1) the instrument is executed by the testator (or, if the testator is unable to execute the instrument personally, the instrument is executed in the presence of, by the direction of, and on

behalf of the testator);

‘‘(2) the instrument is executed in the presence of a military

legal assistance counsel acting as presiding attorney;

‘‘(3) the instrument is executed in the presence of at least

two disinterested witnesses (in addition to the presiding attorney), each of whom attests to witnessing the testator’s execution

of the instrument by signing it; and

‘‘(4) the instrument is executed in accordance with such additional requirements as may be provided in regulations prescribed under this section.

‘‘(d) SELF-PROVING MILITARY TESTAMENTARY INSTRUMENTS.—

(1) If the document setting forth a military testamentary instrument

meets the requirements of paragraph (2), then the signature of a

person on the document as the testator, an attesting witness, a notary, or the presiding attorney, together with a written representation of the person’s status as such and the person’s military grade

(if any) or other title, is prima facie evidence of the following:

‘‘(A) That the signature is genuine.

‘‘(B) That the signatory had the represented status and title

at the time of the execution of the will.

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‘‘(C) That the signature was executed in compliance with

the procedures required under the regulations prescribed under

subsection (f).

‘‘(2) A document setting forth a military testamentary instrument meets the requirements of this paragraph if it includes (or has

attached to it), in a form and content required under the regulations

prescribed under subsection (f), each of the following:

‘‘(A) A certificate, executed by the testator, that includes the

testator’s acknowledgment of the testamentary instrument.

‘‘(B) An affidavit, executed by each witness signing the testamentary instrument, that attests to the circumstances under

which the testamentary instrument was executed.

‘‘(C) A notarization, including a certificate of any administration of an oath required under the regulations, that is signed

by the notary or other official administering the oath.

‘‘(e) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed under this section, each military testamentary instrument

shall contain a statement that sets forth the provisions of subsection

(a).

‘‘(2) Paragraph (1) shall not be construed to make inapplicable

the provisions of subsection (a) to a testamentary instrument that

does not include a statement described in that paragraph.

‘‘(f) REGULATIONS.—Regulations for the purposes of this section

shall be prescribed jointly by the Secretary of Defense and by the

Secretary of Transportation with respect to the Coast Guard when

it is not operating as a service in the Department of the Navy.

‘‘(g) DEFINITIONS.—In this section:

‘‘(1) The term ‘person eligible for military legal assistance’

means a person who is eligible for legal assistance under section 1044 of this title.

‘‘(2) The term ‘military legal assistance counsel’ means—

‘‘(A) a judge advocate (as defined in section 801(13) of

this title); or

‘‘(B) a civilian attorney serving as a legal assistance officer under the provisions of section 1044 of this title.

‘‘(3) The term ‘State’ includes the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, and each possession of the United

States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 1044c the following new item:

‘‘1044d. Military testamentary instruments: requirement for recognition by States.’’.

SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS WHOSE

NAMES HAVE BEEN ENTERED INTO DEPARTMENT OF DEFENSE OFFICIAL CRIMINAL INVESTIGATIVE REPORTS.

(a) POLICY REQUIREMENT.—The Secretary of Defense shall establish a policy creating a uniform process within the Department

of Defense that—

(1) affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by

any other identifying information) as a suspect in the case in

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tial retrieval and analysis by law enforcement organizations, an

opportunity to obtain a review of that designation; and

(2) requires the expungement of the name and other identifying information of any such individual from such report or

index in any case in which it is determined the entry of such

identifying information on that individual was made contrary

to Department of Defense requirements.

(b) EFFECTIVE DATE.—The policy required by subsection (a)

shall be established not later than 120 days after the date of the enactment of this Act.

SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT CLEMENCY FOR MILITARY PRISONERS SERVING SENTENCE OF

CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR PAROLE.

(a) LIMITATION.—Section 874(a) of title 10, United States Code

(article 74(a) of the Uniform Code of Military Justice), is amended

by adding at the end the following new sentence: ‘‘However, in the

case of a sentence of confinement for life without eligibility for parole, after the sentence is ordered executed, the authority of the Secretary concerned under the preceding sentence (1) may not be delegated, and (2) may be exercised only after the service of a period of

confinement of not less than 20 years.’’.

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

shall not apply with respect to a sentence of confinement for life

without eligibility for parole that is adjudged for an offense committed before the date of the enactment of this Act.

SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY

DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZATIONS

TO EXECUTE WARRANTS AND MAKE ARRESTS.

(a) DEPARTMENT OF THE ARMY.—(1) Chapter 373 of title 10,

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

new section:

‘‘§ 4027. Civilian special agents of the Criminal Investigation

Command: authority to execute warrants and make

arrests

‘‘(a) AUTHORITY.—The Secretary of the Army may authorize any

Department of the Army civilian employee described in subsection

(b) to have the same authority to execute and serve warrants and

other processes issued under the authority of the United States and

to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to

any employee of the Department of the Army who is a special agent

of the Army Criminal Investigation Command (or a successor to

that command) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Army.

‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority

provided under subsection (a) shall be exercised in accordance with

guidelines prescribed by the Secretary of the Army and approved by

the Secretary of Defense and the Attorney General and any other apVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00166 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.063 pfrm03 PsN: HR945
137

plicable guidelines prescribed by the Secretary of the Army, the Secretary of Defense, or the Attorney General.’’.

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

amended by adding at the end following new item:

‘‘4027. Civilian special agents of the Criminal Investigation Command: authority to

execute warrants and make arrests.’’.

(b) DEPARTMENT OF THE NAVY.—(1) Chapter 643 of title 10,

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

new section:

‘‘§ 7480. Special agents of the Naval Criminal Investigative

Service: authority to execute warrants and make

arrests

‘‘(a) AUTHORITY.—The Secretary of the Navy may authorize any

Department of the Navy civilian employee described in subsection

(b) to have the same authority to execute and serve warrants and

other processes issued under the authority of the United States and

to make arrests without a warrant as may be authorized under section 1585a of this title for special agents of the Defense Criminal Investigative Service.

‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to

any employee of the Department of the Navy who is a special agent

of the Naval Criminal Investigative Service (or any successor to that

service) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Navy.

‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority

provided under subsection (a) shall be exercised in accordance with

guidelines prescribed by the Secretary of the Navy and approved by

the Secretary of Defense and the Attorney General and any other applicable guidelines prescribed by the Secretary of the Navy, the Secretary of Defense, or the Attorney General.’’.

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

amended by adding at the end following new item:

‘‘7480. Special agents of the Naval Criminal Investigative Service: authority to execute warrants and make arrests.’’.

(c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter 873 of title

10, United States Code, is amended by adding at the end the following new section:

‘‘§ 9027. Civilian special agents of the Office of Special Investigations: authority to execute warrants and make

arrests

‘‘(a) AUTHORITY.—The Secretary of the Air Force may authorize

any Department of the Air Force civilian employee described in subsection (b) to have the same authority to execute and serve warrants

and other processes issued under the authority of the United States

and to make arrests without a warrant as may be authorized under

section 1585a of this title for special agents of the Defense Criminal

Investigative Service.

‘‘(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to

any employee of the Department of the Air Force who is a special

agent of the Air Force Office of Special Investigations (or a successor

138

to that office) whose duties include conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of the Air Force.

‘‘(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority

provided under subsection (a) shall be exercised in accordance with

guidelines prescribed by the Secretary of the Air Force and approved

by the Secretary of Defense and the Attorney General and any other

applicable guidelines prescribed by the Secretary of the Air Force,

the Secretary of Defense, or the Attorney General.’’.

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

amended by adding at the end following new item:

‘‘9027. Civilian special agents of the Office of Special Investigations: authority to execute warrants and make arrests.’’.

SEC. 555. REQUIREMENT FOR VERBATIM RECORD IN CERTAIN SPECIAL

COURT-MARTIAL CASES.

(a) WHEN REQUIRED.—Subsection (c)(1)(B) of section 854 of title

10, United States Code (article 54 of the Uniform Code of Military

Justice), is amended by inserting after ‘‘bad-conduct discharge’’ the

following: ‘‘, confinement for more than six months, or forfeiture of

pay for more than six months’’.

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

shall take effect as of April 1, 2000, and shall apply with respect

to charges referred on or after that date to trial by special courtmartial.

SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNIFORM CODE OF MILITARY JUSTICE.

(a) FINDINGS.—Congress makes the following findings:

(1) The American military justice system predates the

United States itself, having had a continuous existence since the

enactment of the first American Articles of War by the Continental Congress in 1775.

(2) Pursuant to article I of the Constitution, which explicitly empowers Congress ‘‘To make Rules for the Government

and Regulation of the land and naval Forces’’, Congress enacted the Articles of War and an Act to Govern the Navy, which

were revised on several occasions between the ratification of the

Constitution and the end of World War II.

(3) Dissatisfaction with the administration of military justice during World War I and World War II (including dissatisfaction arising from separate systems of justice for the

Army and for the Navy and Marine Corps) led both to significant statutory reforms in the Articles of War and to the convening of a committee, under Department of Defense auspices,

to draft a single code of military justice applicable uniformly to

all of the Armed Forces.

(4) The committee, chaired by Professor Edmund M. Morgan of Harvard Law School, made recommendations that

formed the basis of bills introduced in Congress to establish

such a uniform code of military justice.

(5) After lengthy hearings and debate on the congressional

proposals, the Uniform Code of Military Justice was enacted

into law on May 5, 1950, when President Harry S Truman

signed the legislation.

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(6) President Truman then issued a revised Manual for

Courts-Martial implementing the new code, and the code became effective on May 31, 1951.

(7) One of the greatest innovations of the Uniform Code of

Military Justice (now codified as chapter 47 of title 10, United

States Code) was the establishment of a civilian court of appeals within the military justice system. That court, the United

States Court of Military Appeals (now the United States Court

of Appeals for the Armed Forces), held its first session on July

25, 1951.

(8) Congress enacted major revisions of the Uniform Code

of Military Justice in 1968 and 1983 and, in addition, has

amended the code from time to time over the years as practice

under the code indicated a need for updating the substance or

procedure of the law of military justice.

(9) The evolution of the system of military justice under the

Uniform Code of Military Justice may be traced in the decisions

of the Courts of Criminal Appeals of each of the Armed Forces

and the decisions of the United States Court of Appeals for the

Armed Forces. These courts have produced a unique body of jurisprudence upon which commanders and judge advocates rely

in the performance of their duties.

(10) It is altogether fitting that the 50th anniversary of the

Uniform Code of Military Justice be duly commemorated.

(b) COMMEMORATION.—The Congress—

(1) requests the President to issue a proclamation commemorating the 50th anniversary of the Uniform Code of Military Justice; and

(2) calls upon the Department of Defense, the Armed

Forces, and the United States Court of Appeals for the Armed

Forces and interested organizations and members of the bar

and the public to commemorate the occasion of that anniversary

with ceremonies and activities befitting its importance.

Subtitle F—Matters Relating to Recruiting

SEC. 561. ARMY RECRUITING PILOT PROGRAMS.

(a) REQUIREMENT FOR PROGRAMS.—The Secretary of the Army

shall carry out pilot programs to test various recruiting approaches

under this section for the following purposes:

(1) To assess the effectiveness of the recruiting approaches

for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.

(2) To improve the overall effectiveness and efficiency of

Army recruiting activities.

(b) OUTREACH THROUGH MOTOR SPORTS.—(1) One of the pilot

programs shall be a pilot program of public outreach that associates

the Army with motor sports competitions to achieve the objectives set

forth in paragraph (2).

(2) The events and activities undertaken under the pilot program shall be designed to provide opportunities for Army recruiters

to make direct, personal contact with high school students to

achieve the following objectives:

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(A) To increase enlistments by students graduating from

high school.

(B) To reduce attrition in the Delayed Entry Program of the

Army by sustaining the personal commitment of students who

have elected delayed entry into the Army under the program.

(3) Under the pilot program, the Secretary of the Army shall

provide for the following:

(A) For Army recruiters or other Army personnel—

(i) to organize Army sponsored career day events in association with national motor sports competitions; and

(ii) to arrange for or encourage attendance at the competitions by high school students, teachers, guidance counselors, and administrators of high schools located near the

competitions.

(B) For Army recruiters and other soldiers to attend national motor sports competitions—

(i) to display exhibits depicting the contemporary Army

and career opportunities in the Army; and

(ii) to discuss those opportunities with potential recruits.

(C) For the Army to sponsor a motor sports racing team as

part of an integrated program of recruitment and publicity for

the Army.

(D) For the Army to sponsor motor sports competitions for

high school students at which recruiters meet with potential recruits.

(E) For Army recruiters or other Army personnel to compile

in an Internet accessible database the names, addresses, telephone numbers, and electronic mail addresses of persons who

are identified as potential recruits through activities under the

pilot program.

(F) Any other activities associated with motor sports competition that the Secretary determines appropriate for Army recruitment purposes.

(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMUNITY COLLEGES.—(1) One of the pilot programs shall be a pilot program

under which Army recruiters are assigned, as their primary responsibility, at postsecondary vocational institutions and community colleges for the purpose of recruiting students graduating from those

institutions and colleges, recent graduates of those institutions and

colleges, and students withdrawing from enrollments in those institutions and colleges.

(2) The Secretary of the Army shall select the institutions and

colleges to be invited to participate in the pilot program.

(3) The conduct of the pilot program at an institution or college

shall be subject to an agreement which the Secretary shall enter into

with the governing body or authorized official of the institution or

college, as the case may be.

(4) Under the pilot program, the Secretary shall provide for the

following:

(A) For Army recruiters to be placed in postsecondary vocational institutions and community colleges to serve as a resource for guidance counselors and to recruit for the Army.

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(B) For Army recruiters to recruit from among students and

graduates described in paragraph (1).

(C) For the use of telemarketing, direct mail, interactive

voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions

and community colleges.

(D) For any other activities that the Secretary determines

appropriate for recruitment activities in postsecondary vocational institutions and community colleges.

(5) In this subsection, the term ‘‘postsecondary vocational institution’’ has the meaning given the term in section 102(c) of the

Higher Education Act of 1965 (20 U.S.C. 1002(c)).

(d) CONTRACT RECRUITING INITIATIVES.—(1) One of the pilot

programs shall be a program that expands in accordance with this

subsection the scope of the Army’s contract recruiting initiatives that

are ongoing as of the date of the enactment of this Act. Under the

pilot program, the Secretary of the Army shall select at least 10 recruiting companies to apply the initiatives in efforts to recruit personnel for the Army.

(2) Under the pilot program, the Secretary shall provide for the

following:

(A) For replacement of the Regular Army recruiters by contract recruiters in the 10 recruiting companies selected under

paragraph (1).

(B) For operation of the 10 companies under the same rules

and chain of command as the other Army recruiting companies.

(C) For use of the offices, facilities, and equipment of the

10 companies by the contract recruiters.

(D) For reversion to performance of the recruiting activities

by Regular Army soldiers in the 10 companies upon termination of the pilot program.

(E) For any other uses of contractor personnel for Army recruiting activities that the Secretary determines appropriate.

(e) DURATION OF PILOT PROGRAMS.—The pilot programs required by this section shall be carried out during the period beginning on October 1, 2000, and, subject to subsection (f), ending on

December 31, 2005.

(f) AUTHORITY TO EXPAND OR EXTEND PILOT PROGRAMS.—The

Secretary may expand the scope of any of the pilot programs (under

subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the

period for any of the pilot programs. Before doing so in the case of

a pilot program, the Secretary of the Army shall submit to the Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a written notification of the expansion of the pilot program (together with the scope

of the expansion) or the continuation of the pilot program (together

with the period of the extension), as the case may be.

(g) REPORTS.—Not later than February 1, 2006, the Secretary

of the Army shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a separate report on

each of the pilot programs carried out under this section. The report

on a pilot program shall include the following:

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(1) The Secretary’s assessment of the value of the actions

taken in the administration of the pilot program for increasing

the effectiveness and efficiency of Army recruiting.

(2) Any recommendations for legislation or other action

that the Secretary considers appropriate to increase the effectiveness and efficiency of Army recruiting.

SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND

ADVERTISING PROGRAMS.

Section 503(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary of Defense shall act on a continuing basis to

enhance the effectiveness of recruitment programs of the Department

of Defense (including programs conducted jointly and programs conducted by the separate armed forces) through an aggressive program

of advertising and market research targeted at prospective recruits

for the armed forces and those who may influence prospective recruits. Subchapter I of chapter 35 of title 44 shall not apply to actions taken as part of that program.’’.

SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING PURPOSES.

(a) REQUIREMENT FOR ACCESS.—Subsection (c) of section 503 of

title 10, United States Code, is amended to read as follows:

‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each local educational agency shall (except as provided under paragraph (5)) provide to the Department of Defense, upon a request made for military

recruiting purposes, the same access to secondary school students,

and to directory information concerning such students, as is provided generally to post-secondary educational institutions or to prospective employers of those students.

‘‘(2) If a local educational agency denies a request by the Department of Defense for recruiting access, the Secretary of Defense,

in cooperation with the Secretary of the military department concerned, shall designate an officer in a grade not below the grade of

colonel or, in the case of the Navy, captain, or a senior executive of

that military department to meet with representatives of that local

educational agency in person, at the offices of that agency, for the

purpose of arranging for recruiting access. The designated officer or

senior executive shall seek to have that meeting within 120 days of

the date of the denial of the request for recruiting access.

‘‘(3) If, after a meeting under paragraph (2) with representatives

of a local educational agency that has denied a request for recruiting access or (if the educational agency declines a request for the

meeting) after the end of such 120-day period, the Secretary of Defense determines that the agency continues to deny recruiting access,

the Secretary shall transmit to the chief executive of the State in

which the agency is located a notification of the denial of recruiting

access and a request for assistance in obtaining that access. The notification shall be transmitted within 60 days after the date of the

determination. The Secretary shall provide to the Secretary of Education a copy of such notification and any other communication between the Secretary and that chief executive with respect to such access.

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‘‘(4) If a local educational agency continues to deny recruiting

access one year after the date of the transmittal of a notification regarding that agency under paragraph (3), the Secretary—

‘‘(A) shall determine whether the agency denies recruiting

access to at least two of the armed forces (other than the Coast

Guard when it is not operating as a service in the Navy); and

‘‘(B) upon making an affirmative determination under subparagraph (A), shall transmit a notification of the denial of recruiting access to—

‘‘(i) the specified congressional committees;

‘‘(ii) the Senators of the State in which the local educational agency is located; and

‘‘(iii) the member of the House of Representatives who

represents the district in which the local educational agency is located.

‘‘(5) The requirements of this subsection do not apply to—

‘‘(A) a local educational agency with respect to access to secondary school students or access to directory information concerning such students for any period during which there is in

effect a policy of that agency, established by majority vote of the

governing body of the agency, to deny recruiting access to those

students or to that directory information, respectively; or

‘‘(B) a private secondary school which maintains a religious

objection to service in the armed forces and which objection is

verifiable through the corporate or other organizational documents or materials of that school.

‘‘(6) In this subsection:

‘‘(A) The term ‘local educational agency’ means—

‘‘(i) a local educational agency, within the meaning of

that term in section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801(18)); and

‘‘(ii) a private secondary school.

‘‘(B) The term ‘recruiting access’ means access requested as

described in paragraph (1).

‘‘(C) The term ‘senior executive’ has the meaning given that

term in section 3132(a)(3) of title 5.

‘‘(D) The term ‘State’ includes the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic

of the Marshall Islands, and the Republic of Palau.

‘‘(E) The term ‘specified congressional committees’ means

the following:

‘‘(i) The Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the

Senate.

‘‘(ii) The Committee on Armed Services and the Committee on Education and the Workforce of the House of Representatives.

‘‘(F) The term ‘member of the House of Representatives’ includes a Delegate or Resident Commissioner to Congress.’’.

(b) DEFINITION OF DIRECTORY INFORMATION.—Such section is

further amended—

(1) by striking paragraph (7) of subsection (b); and

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(2) by adding at the end the following new subsection:

‘‘(d) DIRECTORY INFORMATION DEFINED.—In this section, the

term ‘directory information’ has the meaning given that term in subsection (a)(5)(A) of section 444 of the General Education Provisions

Act (20 U.S.C. 1232g).’’.

(c) TECHNICAL AMENDMENTS.—Such section is further

amended—

(1) in subsection (a), by inserting ‘‘RECRUITING CAMPAIGNS.—’’ after ‘‘(a)’’; and

(2) in subsection (b), by inserting ‘‘COMPILATION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’.

(d) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on July 1, 2002.

SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS.

(a) IN GENERAL.—The Secretary of Defense shall conduct a pilot

program to determine if cooperation with military recruiters by local

educational agencies and by institutions of higher education could

be enhanced by improving the understanding of school counselors

and educators about military recruiting and military career opportunities. The pilot program shall be conducted during a three-year

period beginning not later than 180 days after the date of the enactment of this Act.

(b) CONDUCT OF PILOT PROGRAM THROUGH PARTICIPATION IN

INTERACTIVE INTERNET SITE.—(1) The pilot program shall be conducted by means of participation by the Department of Defense in

a qualifying interactive Internet site.

(2) For purposes of this section, a qualifying interactive Internet

site is an Internet site in existence as of the date of the enactment

of this Act that is designed to provide to employees of local educational agencies and institutions of higher education participating

in the Internet site—

(A) systems for communicating;

(B) resources for individual professional development;

(C) resources to enhance individual on-the-job effectiveness;

and

(D) resources to improve organizational effectiveness.

(3) Participation in an Internet site by the Department of Defense for purposes of this section shall include—

(A) funding;

(B) assistance; and

(C) access by other Internet site participants to Department

of Defense aptitude testing programs, career development information, and other resources, in addition to information on military recruiting and career opportunities.

(c) REPORT.—The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report providing

the Secretary’s findings and conclusions on the pilot program not

later than 180 days after the end of the three-year program period.

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Subtitle G—Other Matters

SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION

DATE FOR CERTAIN FORCE DRAWDOWN TRANSITION AUTHORITIES.

(a) EARLY RETIREMENT AUTHORITY FOR ACTIVE FORCE MEM- BERS.—Section 4403 of the National Defense Authorization Act for

Fiscal Year 1993 (10 U.S.C. 1293 note) is amended—

(1) in subsection (a), by striking ‘‘through fiscal year 1999’’

and inserting ‘‘during the active force drawdown period’’; and

(2) in subsection (i), by striking ‘‘October 1, 2001’’ and inserting ‘‘December 31, 2001’’.

(b) SSB AND VSI.—Sections 1174a(h)(1) and 1175(d)(3) of title

10, United States Code, are amended by striking ‘‘September 30,

2001’’ and inserting ‘‘December 31, 2001’’.

(c) SELECTIVE EARLY RETIREMENT BOARDS.—Section 638a(a) of

such title is amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE

UPON VOLUNTARY RETIREMENT.—Section 1370 of such title is

amended by striking ‘‘September 30, 2001’’ in subsections (a)(2)(A)

and (d)(5) and inserting ‘‘December 31, 2001’’.

(e) MINIMUM COMMISSIONED SERVICE FOR VOLUNTARY RETIRE- MENT AS AN OFFICER.—Sections 3911(b), 6323(a)(2), and 8911(b) of

such title are amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(f) TRAVEL, TRANSPORTATION, AND STORAGE BENEFITS.—Sections 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) of

title 37, United States Code, and section 503(c)(1) of the National

Defense Authorization Act for Fiscal Year 1991 (37 U.S.C. 406 note)

are amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMUNITY SERV- ICE.—Section 4463(f) of the National Defense Authorization Act for

Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by striking

‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(h) TRANSITIONAL HEALTH BENEFITS.—Subsections (a)(1), (c)(1),

and (e) of section 1145 of title 10, United States Code, are amended

by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31,

2001’’.

(i) TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS.—Section 1146 of such title is amended by striking ‘‘September 30, 2001’’

both places it appears and inserting ‘‘December 31, 2001’’.

(j) TRANSITIONAL USE OF MILITARY HOUSING.—Paragraphs (1)

and (2) of section 1147(a) of such title are amended by striking

‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(k) CONTINUED ENROLLMENT OF DEPENDENTS IN DEFENSE DEPENDENTS’ EDUCATION SYSTEM.—Section 1407(c)(1) of the Defense

Dependents’ Education Act of 1978 (20 U.S.C. 926(c)(1)) is amended

by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31,

2001’’.

(l) FORCE REDUCTION TRANSITION PERIOD DEFINED FOR CERTAIN GUARD AND RESERVE BENEFITS.—Section 4411 of the National

Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681

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note) is amended by striking ‘‘September 30, 2001’’ and inserting

‘‘December 31, 2001’’.

(m) TEMPORARY SPECIAL AUTHORITY FOR FORCE REDUCTION

PERIOD RETIREMENTS.—Section 4416(b)(1) of the National Defense

Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is

amended by striking ‘‘October 1, 2001’’ and inserting ‘‘the end of the

force reduction period’’.

(n) RETIRED PAY FOR NON-REGULAR SERVICE.—(1) Section

12731(f) of title 10, United States Code, is amended by striking

‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(2) Section 12731a of such title is amended—

(A) in subsection (a)(1)(B), by striking ‘‘October 1, 2001’’

and inserting ‘‘the end of the period described in subsection (b)’’;

and

(B) in subsection (b), by striking ‘‘October 1, 2001’’ and inserting ‘‘December 31, 2001’’.

(o) AFFILIATION WITH GUARD AND RESERVE UNITS; WAIVER OF

CERTAIN LIMITATIONS.—Section 1150(a) of such title is amended by

striking ‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

(p) RESERVE MONTGOMERY GI BILL.—Section 16133(b)(1)(B) of

such title is amended by striking ‘‘September 30, 2001’’ and inserting ‘‘December 31, 2001’’.

SEC. 572. VOLUNTARY SEPARATION INCENTIVE.

(a) AUTHORITY FOR TERMINATION UPON ENTITLEMENT TO RETIRED PAY.—Section 1175(e)(3) of title 10, United States Code, is

amended—

(1) inserting ‘‘(A)’’ after ‘‘(3)’’; and

(2) by adding at the end the following new subparagraph:

‘‘(B) If a member is receiving simultaneous voluntary separation

incentive payments and retired or retainer pay, the member may

elect to terminate the receipt of voluntary separation incentive payments. Any such election is permanent and irrevocable. The rate of

monthly recoupment from retired or retainer pay of voluntary separation incentive payments received after such an election shall be reduced by a percentage that is equal to a fraction with a denominator equal to the number of months that the voluntary separation

incentive payments were scheduled to be paid and a numerator

equal to the number of months that would not be paid as a result

of the member’s decision to terminate the voluntary separation incentive.’’.

(b) EFFECTIVE DATE.—Subparagraph (B) of section 1175(e)(3) of

title 10, United States Code, as added by subsection (a), shall apply

with respect to decisions by members to terminate voluntary separation incentive payments under section 1175 of title 10, United States

Code, to be effective after September 30, 2000.

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.

(a) IN GENERAL.—(1) Chapter 555 of title 10, United States

Code, is amended by adding at the end the following new section:

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‘‘§ 6035. Female members: congressional review period for assignment to duty on submarines or for reconfiguration of submarines

‘‘(a) No change in the Department of the Navy policy limiting

service on submarines to males, as in effect on May 10, 2000, may

take effect until—

‘‘(1) the Secretary of Defense submits to Congress written

notice of the proposed change; and

‘‘(2) a period of 30 days of continuous session of Congress

(excluding any day on which either House of Congress is not in

session) expires following the date on which the notice is received.

‘‘(b) No funds available to the Department of the Navy may be

expended to reconfigure any existing submarine, or to design any

new submarine, to accommodate female crew members until—

‘‘(1) the Secretary of Defense submits to Congress written

notice of the proposed reconfiguration or design; and

‘‘(2) a period of 30 days of continuous session of Congress

(excluding any day on which either House of Congress is not in

session) expires following the date on which the notice is received.

‘‘(c) For purposes of this section, the continuity of a session of

Congress is broken only by an adjournment of the Congress sine

die.’’.

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

amended by adding at the end the following new item:

‘‘6035. Female members: congressional review period for assignment to duty on submarines or for reconfiguration of submarines.’’.

(b) CONFORMING AMENDMENT.—Section 542(a)(1) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C.

113 note) is amended by inserting ‘‘or by section 6035 of title 10,

United States Code’’ after ‘‘Except in a case covered by subsection

(b)’’.

SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.

(a) APPROVING AUTHORITY FOR LENGTHY DEPLOYMENTS OF

MEMBERS.—Subsection (a) of section 991 of title 10, United States

Code, is amended—

(1) by striking ‘‘unless an officer’’ in the second sentence of

paragraph (1) and all that follows through the period at the

end of that sentence and inserting a period and the following:

‘‘However, the member may be deployed, or continued in a deployment, without regard to the preceding sentence if such deployment, or continued deployment, is approved—

‘‘(A) in the case of a member who is assigned to a combatant command in a position under the operational control of the

officer in that combatant command who is the service component commander for the members of that member’s armed force

in that combatant command, by that officer; and

‘‘(B) in the case of a member not assigned as described in

subparagraph (A), by the service chief of that member’s armed

force (or, if so designated by that service chief, by an officer of

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the same armed force on active duty who is in the grade of general or admiral or who is the personnel chief for that armed

force).’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) In paragraph (1)(B), the term ‘service chief’ means the Chief

of Staff of the Army, the Chief of Naval Operations, the Chief of

Staff of the Air Force, or the Commandant of the Marine Corps.’’.

(b) CLARIFICATION OF DEFINITION OF DEPLOYMENT.—Subsection

(b) of such section is amended—

(1) in paragraph (1), by inserting ‘‘or homeport, as the case

may be’’ before the period at the end;

(2) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively;

(3) by inserting after paragraph (1) the following new paragraph (2):

‘‘(2) In the case of a member of a reserve component performing

active service, the member shall be considered deployed or in a deployment for the purposes of paragraph (1) on any day on which,

pursuant to orders that do not establish a permanent change of station, the member is performing the active service at a location

that—

‘‘(A) is not the member’s permanent training site; and

‘‘(B) is—

‘‘(i) at least 100 miles from the member’s permanent

residence; or

‘‘(ii) a lesser distance from the member’s permanent

residence that, under the circumstances applicable to the

member’s travel, is a distance that requires at least three

hours of travel to traverse.’’; and

(4) in paragraph (3), as redesignated by paragraph (2) of

this subsection—

(A) by striking ‘‘or’’ at the end of subparagraph (A);

(B) by striking the period at the end of subparagraph

(B) and inserting ‘‘; or’’; and

(C) by adding at the end the following new subparagraph:

‘‘(C) unavailable solely because of—

‘‘(i) a hospitalization of the member at the member’s

permanent duty station or homeport or in the immediate vicinity of the member’s permanent residence; or

‘‘(ii) a disciplinary action taken against the member.’’.

(c) ASSOCIATED PER DIEM ALLOWANCE.—Section 435 of title 37,

United States Code (as added to that title effective October 1, 2001,

by section 586(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 638)) is amended—

(1) in subsection (a), by striking ‘‘251 days or more out of

the preceding 365 days’’ and inserting ‘‘401 or more days out of

the preceding 730 days’’; and

(2) in subsection (b), by striking ‘‘prescribed under paragraph (3)’’ and inserting ‘‘prescribed under paragraph (4)’’.

(d) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL

MEMBERS.—Not later than March 31, 2002, the Secretary of Defense

shall submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on the administration of secVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00178 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.067 pfrm03 PsN: HR945
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tion 991 of title 10, United States Code, during fiscal year 2001.

The report shall include—

(1) a discussion of the experience in tracking and recording

the deployments of members of the Armed Forces; and

(2) any recommendations for revision of such section that

the Secretary considers appropriate.

(e) EFFECTIVE DATE.—If this Act is enacted before October 1,

2000, the amendments made by subsections (a) and (b) shall take

effect on October 1, 2000, immediately after the amendment made

by section 586(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 637) adding section

991 of title 10, United States Code, to such title.

SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.

(a) COMPENSATION AT RATE FOR INACTIVE-DUTY TRAINING.—(1)

Section 115(b)(2) of title 32, United States Code, is amended to read

as follows:

‘‘(2) as directed by the Secretary concerned, either—

‘‘(A) the allowance under section 435 of title 37; or

‘‘(B) compensation under section 206 of title 37.’’.

(2) Section 12503(b)(2) of title 10, United States Code, is

amended to read as follows:

‘‘(2) as directed by the Secretary concerned, either—

‘‘(A) the allowance under section 435 of title 37; or

‘‘(B) compensation under section 206 of title 37.’’.

(b) CONFORMING REPEAL.—Section 435 of title 37, United

States Code, is amended by striking subsection (c).

(c) APPLICABILITY.—The amendments made by this section shall

apply with respect to funeral honors duty performed on or after October 1, 2000.

SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE

UNITS AND PERSONNEL TO MEET CURRENT AND EMERGING DEFENSE INTELLIGENCE NEEDS.

(a) TEST PROGRAM REQUIRED.—(1) Beginning not later than

June 1, 2001, the Secretary of Defense shall conduct a three-year

test program of reserve component intelligence units and personnel.

The purpose of the test program shall be—

(A) to determine the most effective peacetime structure and

operational employment of reserve component intelligence assets

for meeting current and future Department of Defense peacetime

operational intelligence requirements; and

(B) to establish a means to coordinate and transition that

peacetime intelligence operational support network into use for

meeting wartime requirements.

(2) The test program shall be carried out using the Joint Reserve Intelligence Program and appropriate reserve component intelligence units and personnel.

(3) In conducting the test program, the Secretary of Defense

shall expand the current Joint Reserve Intelligence Program as

needed to meet the objectives of the test program.

(b) OVERSIGHT PANEL.—The Secretary shall establish an oversight panel to structure the test program so as to achieve the objectives of the test program, ensure proper funding for the test program, and oversee the conduct and evaluation of the test program.

The panel members shall include—

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(1) the Assistant Secretary of Defense for Command, Control, Communications and Intelligence;

(2) the Assistant Secretary of Defense for Reserve Affairs;

and

(3) representatives from the Defense Intelligence Agency, the

Army, Navy, Air Force, and Marine Corps, the Joint Staff, and

the combatant commands.

(c) TEST PROGRAM OBJECTIVES.—The test program shall have

the following objectives:

(1) To identify the range of peacetime roles and missions

that are appropriate for reserve component intelligence units

and personnel, including the following missions: counterdrug,

counterintelligence, counterterrorism, information operations,

information warfare, and other emerging threats.

(2) To recommend a process for justifying and validating

reserve component intelligence force structure and manpower to

support the peacetime roles and missions identified under paragraph (1) and to establish a means to coordinate and transition

that peacetime operational support network and structure into

wartime requirements.

(3) To provide, pursuant to paragraphs (1) and (2), the

basis for new or revised intelligence and reserve component policy guidelines for the peacetime use, organization, management,

infrastructure, and funding of reserve component intelligence

units and personnel.

(4) To determine the most effective structure, organization,

manning, and management of Joint Reserve Intelligence Centers to enable them to be both reserve training facilities and virtual collaborative production facilities in support of Department

of Defense peacetime operational intelligence requirements.

(5) To determine the most effective uses of technology for

virtual collaborative intelligence operational support during

peacetime and wartime.

(6) To determine personnel and career management initiatives or modifications that are required to improve the recruiting and retention of personnel in the reserve component intelligence specialties and occupational skills.

(7) To identify and make recommendations for the elimination of statutory prohibitions and barriers to using reserve

component intelligence units and individuals to carry out peacetime operational requirements.

(d) REPORTS.—The Secretary of Defense shall submit to

Congress—

(1) interim reports on the status of the test program not

later than July 1, 2002, and July 1, 2003; and

(2) a final report, with such recommendations for changes

as the Secretary considers necessary, not later than December 1,

2004.

SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM.

(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—Subsection

(a) of section 509 of title 32, United States Code, is amended by

striking ‘‘, acting through the Chief of the National Guard Bureau,’’.

(b) SOURCES OF FEDERAL SUPPORT.—Subsection (b) of such section is amended—

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(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’;

(2) by striking ‘‘, except that Federal expenditures under the program may not exceed $62,500,000 for any fiscal year’’; and

(3) by adding at the end the following new paragraphs:

‘‘(2) The Secretary shall carry out the National Guard Challenge Program using—

‘‘(A) funds appropriated directly to the Secretary of Defense

for the program, except that the amount of funds appropriated

directly to the Secretary and expended for the program in a fiscal year may not exceed $62,500,000; and

‘‘(B) nondefense funds made available or transferred to the

Secretary of Defense by other Federal agencies to support the

program.

‘‘(3) Federal funds made available or transferred to the Secretary of Defense under paragraph (2)(B) by other Federal agencies

to support the National Guard Challenge Program may be expended

for the program in excess of the fiscal year limitation specified in

paragraph (2)(A).’’.

(c) REGULATIONS.—Such section is further amended by adding

at the end the following new subsection:

‘‘(m) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to carry out the National Guard Challenge Program.

The regulations shall address at a minimum the following:

‘‘(1) The terms to be included in the program agreements

required by subsection (c).

‘‘(2) The qualifications for persons to participate in the program, as required by subsection (e).

‘‘(3) The benefits authorized for program participants, as

required by subsection (f).

‘‘(4) The status of National Guard personnel assigned to

duty in support of the program under subsection (g).

‘‘(5) The conditions for the use of National Guard facilities

and equipment to carry out the program, as required by subsection (h).

‘‘(6) The status of program participants, as described in

subsection (i).

‘‘(7) The procedures to be used by the Secretary when communicating with States about the program.’’.

(d) CONFORMING AMENDMENT.—Section 2033 of title 10, United

States Code, is amended by striking ‘‘appropriated for’’ and inserting ‘‘appropriated directly to the Secretary of Defense for’’.

SEC. 578. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR OPERATIONAL SUPPORT MISSIONS.

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

determine the feasibility and cost, as well as the advantages and

disadvantages, of using civilian contractor personnel as pilots and

other air crew members to fly nonmilitary Government aircraft (referred to as ‘‘operational support aircraft’’) to perform non-combat

personnel transportation missions worldwide. In carrying out the

study, the Secretary shall consider the views and recommendations

of the Chairman of the Joint Chiefs and the other members of the

Joint Chiefs of Staff.

(b) MATTERS TO BE INCLUDED.—The study shall, as a

minimum—

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(1) determine whether use of civilian contractor personnel

as pilots and other air crew members for such operational support missions would be a cost effective means of freeing for duty

in units with combat and combat support missions those military pilots and other personnel who now perform such operational support missions; and

(2) the effect on retention of military pilots and other personnel if they are no longer required to fly operational support

missions.

(c) SUBMISSION OF REPORT.—The Secretary shall submit a report containing the results of the study to the Committee on Armed

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

House of Representatives not later than six months after the date of

the enactment of this Act.

SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS

IN CONNECTION WITH CANCELLATION OF LEAVE ON

SHORT NOTICE.

(a) REIMBURSEMENT AUTHORIZED.—Chapter 53 of title 10,

United States Code, is amended by inserting after section 1053 the

following new section:

‘‘§ 1053a. Expenses incurred in connection with leave canceled due to contingency operations: reimbursement

‘‘(a) AUTHORIZATION TO REIMBURSE.—The Secretary concerned

may reimburse a member of the armed forces under the jurisdiction

of the Secretary for travel and related expenses (to the extent not

otherwise reimbursable under law) incurred by the member as a result of the cancellation of previously approved leave when the leave

is canceled in connection with the member’s participation in a contingency operation and the cancellation occurs within 48 hours of

the time the leave would have commenced.

‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to establish the criteria for the applicability of subsection (a).

‘‘(c) CONCLUSIVENESS OF SETTLEMENT.—The settlement of an

application for reimbursement under subsection (a) is final and conclusive.’’.

(b) EFFECTIVE DATE.—Section 1053a of title 10, United States

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

travel and related expenses incurred by a member in connection

with leave canceled after the date of the enactment of this Act.

(c) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading

of section 1052 of such title is amended to read as follows:

‘‘§ 1052. Adoption expenses: reimbursement’’.

(2) The heading of section 1053 of such title is amended to read

as follows:

‘‘§ 1053. Financial institution charges incurred because of

Government error in direct deposit of pay: reimbursement’’.

(3) The table of sections at the beginning of chapter 53 of such

title is amended by striking the items relating to sections 1052 and

1053 and inserting the following:

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‘‘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.

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.

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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.

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.

Subtitle A—Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment to

become effective during fiscal year 2001 required by section 1009 of

title 37, United States Code, in the rates of monthly basic pay authorized members of the uniformed services shall not be made.

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2001, the

rates of monthly basic pay for members of the uniformed services

are increased by 3.7 percent.

SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR ENLISTED MEMBERS.

(a) MINIMUM PAY INCREASES FOR MID-LEVEL ENLISTED

GRADES.—(1) Subject to paragraph (2), effective on July 1, 2001, the

rates of monthly basic pay for enlisted members of the Armed Forces

in the pay grades 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

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ENLISTED MEMBERS—Continued

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 ............ 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

(2) The amounts specified in the table in paragraph (1) are subject to such revision as the Secretary of Defense and the Secretary

of Transportation may prescribe under subsection (b)(1)(A).

(b) SECRETARIAL AUTHORITY TO FURTHER REVISE.—(1) To ensure the efficient and effective operation of the military pay system,

the Secretary of Defense, and the Secretary of Transportation with

regard to the Coast Guard, may—

(A) further increase any of the amounts specified in the

table in subsection (a) for enlisted members of the Armed Forces

in the pay grades E–7, E–6, and E–5; and

(B) increase any of the amounts specified for other enlisted

members in the table under the heading ‘‘ENLISTED MEMBERS’’ in section 601(c) of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 648),

as adjusted on January 1, 2001, pursuant to section 601(b) of

this Act.

(2) The revisions in monthly basic pay made by the Secretary

of Defense and the Secretary of Transportation under paragraph (1)

shall take effect on July 1, 2001, but only if the Secretaries also

comply with paragraph (3).

(3) If the Secretary of Defense or the Secretary of Transportation exercises the authority provided by paragraph (1), the Secretaries shall include, in the budget justification materials submitted

to Congress in support of the President’s budget submitted under

section 1105 of title 31, United States Code, for fiscal year 2002—

(A) a revised pay table for enlisted members of the Armed

Forces to reflect the increases in monthly basic pay to take effect

on July 1, 2001; and

(B) a description of the various increases made and the reasons therefor.

SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE

FOR SUBSISTENCE.

(a) ANNUAL REVISION OF RATE.—Subsection (b) of section 402

of title 37, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘The monthly rate’’ and inserting ‘‘Through December 31, 2001, the monthly rate’’;

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following new paragraph:

‘‘(2) On and after January 1, 2002, the monthly rate of basic

allowance for subsistence to be in effect for an enlisted member for

a year (beginning on January 1 of that year) shall be equal to the

sum of—

‘‘(A) the monthly rate of basic allowance for subsistence

that was in effect for an enlisted member for the preceding year;

plus

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‘‘(B) the product of the monthly rate under subparagraph

(A) and the percentage increase in the monthly cost of a liberal

food plan for a male in the United States who is between 20

and 50 years of age over the preceding fiscal year, as determined by the Secretary of Agriculture each October 1.’’.

(b) CONFORMING AMENDMENT.—Subsection (d)(1) of such section is amended by striking ‘‘established under subsection (b)(1)’’

and inserting ‘‘in effect under paragraph (1) or (2) of subsection (b)’’.

(c) EARLY TERMINATION OF BAS TRANSITIONAL AUTHORITY.—

Effective October 1, 2001, subsections (c) through (f) of section 602

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105–85; 37 U.S.C. 402 note) are repealed.

SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR

LOW-INCOME MEMBERS OF THE ARMED FORCES.

(a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1) Chapter 7 of

title 37, United States Code, is amended by inserting after section

402 the following new section:

‘‘§ 402a. Supplemental subsistence allowance for low-income

members with dependents

‘‘(a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1) The Secretary

concerned shall increase the basic allowance for subsistence to

which a member of the armed forces described in subsection (b) is

otherwise entitled under section 402 of this title by an amount (in

this section referred to as the ‘supplemental subsistence allowance’)

designed to remove the member’s household from eligibility for benefits under the food stamp program.

‘‘(2) The supplemental subsistence allowance may not exceed

$500 per month. In establishing the amount of the supplemental

subsistence allowance to be paid an eligible member under this

paragraph, the Secretary shall take into consideration the amount

of the basic allowance for housing that the member receives under

section 403 of this title or would otherwise receive under such section, in the case of a member who is not entitled to that allowance

as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service.

‘‘(3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the member’s household under the food stamp program, calculated in the absence of the supplemental subsistence allowance,

would exceed the amount established by the Secretary concerned

under paragraph (2), the amount of the supplemental subsistence

allowance for the member shall be equal to the lesser of the following:

‘‘(A) The value of that allotment.

‘‘(B) $500.

‘‘(b) MEMBERS ENTITLED TO ALLOWANCE.—(1) Subject to subsection (d), a member of the armed forces is entitled to receive the

supplemental subsistence allowance if the Secretary concerned determines that the member’s income, together with the income of the rest

of the member’s household (if any), is within the highest income

standard of eligibility, as then in effect under section 5(c) of the

Food Stamp Act of 1977 (7 U.S.C. 2014(c)) and without regard to

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paragraph (1) of such section, for participation in the food stamp

program.

‘‘(2) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary—

‘‘(A) shall not take into consideration the amount of the

supplemental subsistence allowance payable under this section;

but

‘‘(B) shall take into consideration the amount of the basic

allowance for housing that the member receives under section

403 of this title or would otherwise receive under such section,

in the case of a member who is not entitled to that allowance

as a result of assignment to quarters of the United States or a

housing facility under the jurisdiction of a uniformed service.

‘‘(c) APPLICATION FOR ALLOWANCE.—To request the supplemental subsistence allowance, a member shall submit an application to the Secretary concerned in such form and containing such

information as the Secretary concerned may prescribe. A member

applying for the supplemental subsistence allowance shall furnish

such evidence regarding the member’s satisfaction of the eligibility

criteria under subsection (b) as the Secretary concerned may require.

‘‘(d) EFFECTIVE PERIOD.—The entitlement of a member to receive the supplemental subsistence allowance terminates upon the

occurrence of any of the following events, even though the member

continues to meet the eligibility criteria described in subsection (b):

‘‘(1) Payment of the supplemental subsistence allowance for

12 consecutive months.

‘‘(2) Promotion of the member to a higher grade.

‘‘(3) Transfer of the member in a permanent change of station.

‘‘(e) REAPPLICATION.—Upon the termination of the effective period of the supplemental subsistence allowance for a member, or in

anticipation of the imminent termination of the allowance, a member may reapply for the allowance under subsection (c), and the Secretary concerned shall approve the application and resume payment

of the allowance to the member, if the member continues to meet,

or once again meets, the eligibility criteria described in subsection

(b).

‘‘(f) REPORTING REQUIREMENT.—Not later than March 1 of each

year after 2001, the Secretary of Defense shall submit to Congress

a report specifying the number of members of the armed forces who

received, at any time during the preceding year, the supplemental

subsistence allowance. In preparing the report, the Secretary of Defense shall consult with the Secretary of Transportation. No report

is required under this subsection after March 1, 2006.

‘‘(g) DEFINITIONS.—In this section:

‘‘(1) The term ‘Secretary concerned’ means—

‘‘(A) the Secretary of Defense; and

‘‘(B) the Secretary of Transportation, with respect to the

Coast Guard when it is not operating as a service in the

Navy.

‘‘(2) The terms ‘allotment’ and ‘household’ have the meanings given those terms in section 3 of the Food Stamp Act of

1977 (7 U.S.C. 2012).

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‘‘(3) The term ‘food stamp program’ means the program established pursuant to section 4 of the Food Stamp Act of 1977

(7 U.S.C. 2013).

‘‘(h) TERMINATION OF AUTHORITY.—No supplemental subsistence allowance may be provided under this section after September

30, 2006.’’.

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

amended by inserting after the item relating to section 402 the following:

‘‘402a. Supplemental subsistence allowance for low-income members with dependents.’’.

(b) EFFECTIVE DATE.—Section 402a of title 37, United States

Code, as added by subsection (a), shall take effect on the first day

of the first month that begins not less than 180 days after the date

of the enactment of this Act.

SEC. 605. BASIC ALLOWANCE FOR HOUSING.

(a) CALCULATION OF RATES.—Subsection (b) of section 403 of

title 37, United States Code, is amended—

(1) by striking paragraph (2);

(2) by redesignating paragraph (1) as paragraph (2); and

(3) by inserting after the subsection heading the following:

‘‘(1) The Secretary of Defense shall prescribe the rates of the

basic allowance for housing that are applicable for the various

military housing areas in the United States. The rates for an

area shall be based on the costs of adequate housing determined

for the area under paragraph (2).’’.

(b) MINIMUM ANNUAL AMOUNT AVAILABLE FOR HOUSING AL- LOWANCES.—Subsection (b) of such section is further amended—

(1) by striking paragraphs (3) and (5); and

(2) by inserting after paragraph (2) the following new paragraph:

‘‘(3) The total amount that may be paid for a fiscal year for the

basic allowance for housing under this subsection may not be less

than the product of—

‘‘(A) the total amount authorized to be paid for such allowance for the preceding fiscal year; and

‘‘(B) a fraction—

‘‘(i) the numerator of which is the index of the national

average monthly cost of housing for June of the preceding

fiscal year; and

‘‘(ii) the denominator of which is the index of the national average monthly cost of housing for June of the second preceding fiscal year.’’.

(c) LIMITATIONS ON REDUCTION IN MEMBER’S ALLOWANCE.—(1)

Paragraph (6) of such subsection is amended by striking ‘‘, changes

in the national average monthly cost of housing,’’.

(2) Paragraph (7) of such subsection is amended by striking

‘‘without dependents’’.

(d) ALLOWANCE WHEN DEPENDENTS ARE UNABLE TO ACCOMPANY MEMBERS.—Subsection (d) of such section is amended by

striking paragraph (3) and inserting the following new paragraph:

‘‘(3) If a member with dependents is assigned to duty in an area

that is different from the area in which the member’s dependents reVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00188 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.070 pfrm03 PsN: HR945
159

side, the member is entitled to a basic allowance for housing as provided in subsection (b) or (c), whichever applies to the member, subject to the following:

‘‘(A) If the member’s assignment to duty in that area, or the

circumstances of that assignment, require the member’s dependents to reside in a different area, as determined by the Secretary

concerned, the amount of the basic allowance for housing for

the member shall be based on the area in which the dependents

reside or the member’s last duty station, whichever the Secretary concerned determines to be most equitable.

‘‘(B) If the member’s assignment to duty in that area is

under the conditions of a low-cost or no-cost permanent change

of station or permanent change of assignment, the amount of

the basic allowance for housing for the member shall be based

on the member’s last duty station if the Secretary concerned determines that it would be inequitable to base the allowance on

the cost of housing in the area to which the member is reassigned.’’.

(e) EXTENSION OF TRANSITION PERIOD.—Section 603(b) of the

National Defense Authorization Act for Fiscal Year 1998 (Public

Law 105–85; 37 U.S.C. 403 note) is amended by striking ‘‘six years’’

and inserting ‘‘eight years’’.

(f) EFFECTIVE DATE; APPLICATION.—(1) The amendments made

by this section shall take effect on October 1, 2000.

(2) In the case of the amendment made by subsection (c)(2), the

amendment shall apply with respect to pay periods beginning on

and after October 1, 2000, for a member of the uniformed services

covered by the provision of law so amended regardless of the date

on which the member was first reassigned to duty under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment.

(3) In the case of the amendment made by subsection (d), the

amendment shall apply with respect to pay periods beginning on

and after October 1, 2000, for a member of the uniformed services

covered by the provision of law so amended regardless of the date

on which the member was first assigned to duty in an area that is

different from the area in which the member’s dependents reside.

SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001 INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE

UNITED STATES.

In addition to the amount determined by the Secretary of Defense under section 403(b)(3) of title 37, United States Code, as

amended by section 605(b), to be the total amount to be paid during

fiscal year 2001 for the basic allowance for housing for military

housing areas inside the United States, $30,000,000 of the amount

authorized to be appropriated by section 421 for military personnel

shall be used by the Secretary to further increase the total amount

available for the basic allowance for housing for military housing

areas inside the United States.

SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN

COMPUTATION OF BASIC ALLOWANCE FOR HOUSING.

(a) DETERMINATION OF COSTS OF ADEQUATE HOUSING.—Paragraph (2) of subsection (b) of section 403 of title 37, United States

Code, as redesignated by section 605(a)(2), is amended by adding at

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the end the following new sentence: ‘‘After June 30, 2001, the Secretary may not differentiate between members with dependents in

pay grades E–1 through E–4 in determining what constitutes adequate housing for members.’’.

(b) SINGLE RATE; MINIMUM.—Subsection (b) of such section, as

amended by section 605(b)(1), is amended by inserting after paragraph (4) the following new paragraph:

‘‘(5) On and after July 1, 2001, the Secretary of Defense shall

establish a single monthly rate for members of the uniformed services with dependents in pay grades E–1 through E–4 in the same

military housing area. The rate shall be consistent with the rates

paid to members in pay grades other than pay grades E–1 through

E–4 and shall be based on the following:

‘‘(A) The average cost of a two-bedroom apartment in that

military housing area.

‘‘(B) One-half of the difference between the average cost of

a two-bedroom townhouse in that area and the amount determined in subparagraph (A).’’.

SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E–4 TO RECEIVE BASIC

ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.

(a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of section 403

of title 37, United States Code, is amended—

(1) by striking ‘‘E–5’’ in the first sentence and inserting ‘‘E–

4 or E–5’’; and

(2) by striking ‘‘grade E–5’’ in the second sentence and inserting ‘‘grades E–4 and E–5’’.

(b) CONFORMING AMENDMENT.—Subsection (m)(1)(B) of such

section is amended by striking ‘‘E–4’’ and inserting ‘‘E–3’’.

SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.

(a) AUTHORITY.—Section 414 of title 37, United States Code, is

amended by adding at the end the following new subsection:

‘‘(c) ALLOWANCE FOR SENIOR ENLISTED MEMBERS.—In addition

to other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 a

year while serving as the Sergeant Major of the Army, the Master

Chief Petty Officer of the Navy, the Chief Master Sergeant of the Air

Force, the Sergeant Major of the Marine Corps, or the Master Chief

Petty Officer of the Coast Guard.’’.

(b) STYLISTIC AMENDMENTS.—Such section is further

amended—

(1) in subsection (a), by inserting ‘‘ALLOWANCE FOR OFFICERS SERVING IN CERTAIN RANKS OR POSITIONS.—’’ after ‘‘(a)’’;

and

(2) in subsection (b), by inserting ‘‘ALLOWANCE FOR CERTAIN NAVAL OFFICERS.—’’ after ‘‘(b)’’.

(b) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2000.

SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.

(a) INITIAL ALLOWANCE.—Section 415(a) of title 37, United

States Code, is amended by striking ‘‘$200’’ and inserting ‘‘$400’’.

(b) ADDITIONAL ALLOWANCE.—Section 416(a) of such title is

amended by striking ‘‘$100’’ and inserting ‘‘$200’’.

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(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2000.

SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS

AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.

Section 418 of title 37, United States Code, is amended—

(1) in subsection (a), by striking ‘‘The President’’ and inserting ‘‘The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating

as a service in the Navy,’’; and

(2) in subsection (b), by striking ‘‘the President’’ and inserting ‘‘the Secretary of Defense’’.

SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR

MEMBERS OF PRECOMMISSIONING PROGRAMS.

(a) PAY RATES FOR CADETS AND MIDSHIPMEN.—Section 203(c)

of title 37, United States Code, is amended by striking ‘‘at the rate

of $600.00.’’ and inserting ‘‘at the monthly rate equal to 35 percent

of the basic pay of a commissioned officer in the pay grade O–1 with

less than two years of service.’’.

(b) SUBSISTENCE ALLOWANCE RATES.—Subsection (a) of section

209 of such title is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Except’’;

(2) by striking ‘‘subsistence allowance of $200 a month’’ and

inserting ‘‘monthly subsistence allowance at a rate prescribed

under paragraph (2)’’;

(3) by striking ‘‘Subsistence’’ and inserting the following:

‘‘(3) A subsistence’’; and

(4) by inserting after the first sentence the following:

‘‘(2) The Secretary of Defense shall prescribe by regulation the

monthly rates for subsistence allowances provided under this section. The rate may not be less than $250 per month, but may not

exceed $674 per month.’’.

(c) CONFORMING AND STYLISTIC AMENDMENTS.—Section 209 of

such title is further amended—

(1) in subsection (a), by inserting ‘‘SENIOR ROTC MEMBERS

IN ADVANCED TRAINING.—’’ after ‘‘(a)’’;

(2) in subsection (b)—

(A) by inserting ‘‘SENIOR ROTC MEMBERS APPOINTED

IN RESERVES.—’’ after ‘‘(b)’’; and

(B) by striking ‘‘in the amount provided in subsection

(a)’’ and inserting ‘‘at a rate prescribed under subsection

(a)’’;

(3) in subsection (c), by inserting ‘‘PAY WHILE ATTENDING

TRAINING OR PRACTICE CRUISE.—’’ after ‘‘(c)’’ the first place it

appears; and

(4) in subsection (d)—

(A) by inserting ‘‘MEMBERS OF MARINE CORPS OFFICER

CANDIDATE PROGRAM.—’’ after ‘‘(d)’’; and

(B) by striking ‘‘the same rate as that prescribed by

subsection (a),’’ and inserting ‘‘a monthly rate prescribed

under subsection (a)’’.

(d) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall take effect October 1, 2001.

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Subtitle B—Bonuses and Special and

Incentive Pays

SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY

SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United

States Code, is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f)

of such title is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) of

such title is amended by striking ‘‘December 31, 2000’’ and inserting

‘‘December 31, 2001’’.

(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31,

2001’’.

(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) of

such title is amended by striking ‘‘December 31, 2000’’ and inserting

‘‘December 31, 2001’’.

(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—

Section 308h(g) of such title is amended by striking ‘‘December 31,

2000’’ and inserting ‘‘December 31, 2001’’.

(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of such

title is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section

16302(d) of title 10, United States Code, is amended by striking

‘‘January 1, 2001’’ and inserting ‘‘January 1, 2002’’.

SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section

2130a(a)(1) of title 10, United States Code, is amended by striking

‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section

302d(a)(1) of title 37, United States Code, is amended by striking

‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 302e(a)(1) of title 37, United States Code, is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’.

SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF

OTHER BONUSES AND SPECIAL PAYS.

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of

title 37, United States Code, is amended by striking ‘‘December 31,

2000,’’ and inserting ‘‘December 31, 2001,’’.

(b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section

308(g) of such title is amended by striking ‘‘December 31, 2000’’ and

inserting ‘‘December 31, 2001’’.

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(c) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(e) of such title is amended by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31,

2001’’.

(d) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of

such title is amended by striking ‘‘December 31, 2000’’ and inserting

‘‘December 31, 2001’’.

(e) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section

312c(d) of such title is amended by striking ‘‘December 31, 2000’’

and inserting ‘‘December 31, 2001’’.

SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY.

(a) BONUS AUTHORIZED.—(1) Title 37, United States Code, is

amended by inserting after section 308i the following new section:

‘‘§ 309. Special pay: enlistment bonus

‘‘(a) BONUS AUTHORIZED; BONUS AMOUNT.—A person who enlists in an armed force for a period of at least 2 years may be paid

a bonus in an amount not to exceed $20,000. The bonus may be

paid in a single lump sum or in periodic installments.

‘‘(b) REPAYMENT OF BONUS.—(1) A member of the armed forces

who voluntarily, or because of the member’s misconduct, does not

complete the term of enlistment for which a bonus was paid under

this section, or a member who is not technically qualified in the

skill for which the bonus was paid, if any (other than a member

who is not qualified because of injury, illness, or other impairment

not the result of the member’s misconduct), shall refund to the

United States that percentage of the bonus that the unexpired part

of member’s enlistment is of the total enlistment period for which

the bonus was paid.

‘‘(2) An obligation to reimburse the United States imposed

under paragraph (1) is for all purposes a debt owed to the United

States.

‘‘(3) A discharge in bankruptcy under title 11 that is entered

less than 5 years after the termination of an enlistment for which

a bonus was paid under this section does not discharge the person

receiving the bonus from the debt arising under paragraph (1).

‘‘(c) RELATION TO PROHIBITION ON BOUNTIES.—The enlistment

bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10.

‘‘(d) REGULATIONS.—This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under the jurisdiction of the Secretary of Defense and by the

Secretary of Transportation for the Coast Guard when the Coast

Guard is not operating as a service in the Navy.

‘‘(e) DURATION OF AUTHORITY.—No bonus shall be paid under

this section with respect to any enlistment in the armed forces made

after December 31, 2001.’’.

(2) The table of sections at the beginning of chapter 5 of such

title is amended by inserting after the item relating to section 308i

the following new item:

‘‘309. Special pay: enlistment bonus.’’.

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(b) REPEAL OF SUPERSEDED ENLISTMENT BONUS AUTHORITIES.—(1) Sections 308a and 308f of title 37, United States Code,

are repealed.

(2) The table of sections at the beginning of chapter 5 of such

title is amended by striking the items relating to such sections.

(c) EFFECTIVE DATE.—(1) The amendments made by subsection

(a) shall take effect on October 1, 2000, and apply with respect to

enlistments in the Armed Forces made on or after that date.

(2) The amendments made by subsection (b) shall take effect on

October 1, 2000. The repeal of sections 308a and 308f of title 37,

United States Code, by such subsection shall not affect the validity

or terms of any bonus provided under such sections for enlistments

in the Armed Forces made before that date.

SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR RESERVE MEDICAL AND DENTAL OFFICERS.

(a) CONSISTENT DESCRIPTIONS OF ACTIVE DUTY.—Section

302(h)(1) of title 37, United States Code, is amended by inserting

before the period at the end the following: ‘‘, including active duty

in the form of annual training, active duty for training, and active

duty for special work’’.

(b) RELATION TO OTHER SPECIAL PAY AUTHORITIES.—Subsection (d) of section 302f of such title is amended to read as follows:

‘‘(d) SPECIAL RULE FOR RESERVE MEDICAL AND DENTAL OFFICERS.—While a reserve medical or dental officer receives a special

pay under section 302 or 302b of this title by reason of subsection

(a), the officer shall not be entitled to special pay under section

302(h) or 302b(h) of this title.’’.

SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION BEFORE IMPLEMENTATION OF CERTAIN SPECIAL

PAY AUTHORITY.

(a) RETENTION SPECIAL PAY FOR OPTOMETRISTS.—(1) Section

302a(b)(1) of title 37, United States Code, is amended by striking

‘‘an officer described in paragraph (2) may be paid’’ and inserting

‘‘the Secretary concerned may pay an officer described in paragraph

(2) a’’.

(2) Section 617 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 302a note) is

amended by striking subsection (b).

(b) SPECIAL PAY FOR OFFICERS IN NURSING SPECIALTIES.—(1)

Section 302e(b)(2)(A) of title 37, United States Code, is amended by

striking ‘‘the Secretary’’ and inserting ‘‘the Secretary of the military

department concerned’’.

(2) Section 614 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 302e note) is

amended by striking subsection (c).

SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST

GUARD.

Section 302c(d)(1) of title 37, United States Code, is amended

by inserting after ‘‘nurse,’’ the following: ‘‘an officer of the Coast

Guard or Coast Guard Reserve designated as a physician assistant,’’.

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SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS

FOR PHARMACY OFFICERS.

(a) AUTHORIZATION OF SPECIAL PAY AND BONUS.—Chapter 5 of

title 37, United States Code, is amended by inserting after section

302h the following new sections:

‘‘§ 302i. Special pay: pharmacy officers

‘‘(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFICERS.—Under

regulations prescribed pursuant to section 303a of this title, the Secretary of the military department concerned may, subject to subsection (c), pay special pay at the rates specified in subsection (d)

to an officer who—

‘‘(1) is a pharmacy officer in the Medical Service Corps of

the Army or Navy or the Biomedical Sciences Corps of the Air

Force; and

‘‘(2) is on active duty under a call or order to active duty

for a period of not less than one year.

‘‘(b) PUBLIC HEALTH SERVICE CORPS.—Subject to subsection (c),

the Secretary of Health and Human Services may pay special pay

at the rates specified in subsection (d) to an officer who—

‘‘(1) is an officer in the Regular or Reserve Corps of the

Public Health Service and is designated as a pharmacy officer;

and

‘‘(2) is on active duty under a call or order to active duty

for a period of not less than one year.

‘‘(c) LIMITATION.—Special pay may not be paid under this section to an officer serving in a pay grade above pay grade O–6.

‘‘(d) RATE OF SPECIAL PAY.—The rate of special pay paid to an

officer under subsection (a) or (b) is as follows:

‘‘(1) $3,000 per year, if the officer is undergoing pharmacy

internship training or has less than 3 years of creditable service.

‘‘(2) $7,000 per year, if the officer has at least 3 but less

than 6 years of creditable service and is not undergoing pharmacy internship training.

‘‘(3) $7,000 per year, if the officer has at least 6 but less

than 8 years of creditable service.

‘‘(4) $12,000 per year, if the officer has at least 8 but less

than 12 years of creditable service.

‘‘(5) $10,000 per year, if the officer has at least 12 but less

than 14 years of creditable service.

‘‘(6) $9,000 per year, if the officer has at least 14 but less

than 18 years of creditable service.

‘‘(7) $8,000 per year, if the officer has 18 or more years of

creditable service.

‘‘§ 302j. Special pay: accession bonus for pharmacy officers

‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who is a graduate of an accredited pharmacy school and who, during the period

beginning on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending

on September 30, 2004, executes a written agreement described in

subsection (c) to accept a commission as an officer of a uniformed

service and remain on active duty for a period of not less than 4

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years may, upon acceptance of the agreement by the Secretary concerned, be paid an accession bonus in an amount determined by the

Secretary concerned.

‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The amount of an ac- cession bonus under subsection (a) may not exceed $30,000.

‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may not

be paid a bonus under subsection (a) if—

‘‘(1) the person, in exchange for an agreement to accept an

appointment as a warrant or commissioned officer, received financial assistance from the Department of Defense or the Department of Health and Human Services to pursue a course of

study in pharmacy; or

‘‘(2) the Secretary concerned determines that the person is

not qualified to become and remain licensed as a pharmacist.

‘‘(d) AGREEMENT.—The agreement referred to in subsection (a)

shall provide that, consistent with the needs of the uniformed service concerned, the person executing the agreement shall be assigned

to duty, for the period of obligated service covered by the agreement,

as a pharmacy officer in the Medical Service Corps of the Army or

Navy, a biomedical sciences officer in the Air Force designated as

a pharmacy officer, or a pharmacy officer of the Public Health Service.

‘‘(e) REPAYMENT.—(1) An officer who receives a payment under

subsection (a) and who fails to become and remain licensed as a

pharmacist during the period for which the payment is made shall

refund to the United States an amount equal to the full amount of

such payment.

‘‘(2) An officer who voluntarily terminates service on active duty

before the end of the period agreed to be served under subsection (a)

shall refund to the United States an amount that bears the same

ratio to the amount paid to the officer as the unserved part of such

period bears to the total period agreed to be served.

‘‘(3) An obligation to reimburse the United States under paragraph (1) or (2) is for all purposes a debt owed to the United States.

‘‘(4) A discharge in bankruptcy under title 11 that is entered

less than 5 years after the termination of an agreement under this

section does not discharge the person signing such agreement from

a debt arising under such agreement or this subsection. This paragraph applies to any case commenced under title 11 after the date

of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.’’.

(b) ADMINISTRATION.—Section 303a of title 37, United States

Code, is amended by striking ‘‘302h’’ each place it appears and inserting ‘‘302j’’.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item

relating to section 302h the following new items:

‘‘302i. Special pay: pharmacy officers.

‘‘302j. Special pay: accession bonus for pharmacy officers.’’.

SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINARIANS.

Section 303(a) of title 37, United States Code, is amended—

(1) in paragraph (1)(B), by striking ‘‘who is designated as

a veterinary officer’’ and inserting ‘‘who is an officer in the BioVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00196 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.072 pfrm03 PsN: HR945
167

medical Sciences Corps and holds a degree in veterinary medicine’’; and

(2) in paragraph (2), by striking subparagraph (B) and inserting the following:

‘‘(B) of a reserve component of the Air Force, of the

Army or the Air Force without specification of component,

or of the National Guard, who—

‘‘(i) is designated as a veterinary officer; or

‘‘(ii) is an officer in the Biomedical Sciences Corps

of the Air Force and holds a degree in veterinary medicine; or’’.

SEC. 630. CAREER SEA PAY.

(a) REFORM OF AUTHORITIES.—Section 305a of title 37, United

States Code, is amended—

(1) in subsection (a), by striking ‘‘(a) Under regulations prescribed by the President, a member’’ and inserting ‘‘(a) AVAILABILITY OF SPECIAL PAY.—A member’’;

(2) by redesignating subsection (d) as subsection (e); and

(3) by striking subsections (b) and (c) and inserting the following new subsections:

‘‘(b) RATES; MAXIMUM.—The Secretary concerned shall prescribe

the monthly rates for special pay applicable to members of each

armed force under the Secretary’s jurisdiction. No monthly rate may

exceed $750.

‘‘(c) PREMIUM.—A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive

months of sea duty is also entitled to a career sea pay premium for

the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount

of the premium shall be prescribed by the Secretary concerned, but

may not exceed $350.

‘‘(d) REGULATIONS.—The Secretary concerned shall prescribe

regulations for the administration of this section for the armed force

or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.’’.

(b) STYLISTIC AMENDMENT.—Subsection (e) of such section, as

redesignated by subsection (a)(2), is amended by inserting before

‘‘(1)’’ in paragraph (1) the following: ‘‘DEFINITION OF SEA

DUTY.—’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2000, and shall apply with respect

to months beginning on or after that date.

SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT

PAY.

Section 307(a) of title 37, United States Code, is amended—

(1) by striking ‘‘$275’’ and inserting ‘‘$600’’; and

(2) by striking the second sentence.

SEC. 632. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND

OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE SPECIAL DUTY ASSIGNMENT PAY.

(a) AUTHORITY.—Section 307 of title 37, United States Code, is

amended by adding at the end the following new subsection:

168

‘‘(d)(1) Under regulations prescribed by the Secretary concerned

and to the extent provided for by appropriations, when an enlisted

member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under section 206 of

this title performs duty for which a member described in subsection

(a) is entitled to special pay under such subsection, the member of

the National Guard or reserve component is entitled to an increase

in compensation equal to 1⁄30 of the monthly special duty assignment pay prescribed by the Secretary concerned for the performance

of that same duty by members described in subsection (a).

‘‘(2) A member of the National Guard or a reserve component

entitled to an increase in compensation under paragraph (1) is entitled to the increase—

‘‘(A) for each regular period of instruction, or period of appropriate duty, at which the member is engaged for at least two

hours, including that performed on a Sunday or holiday; or

‘‘(B) for the performance of such other equivalent training,

instruction, duty, or appropriate duties, as the Secretary may

prescribe under section 206(a) of this title.

‘‘(3) This subsection does not apply to a member of the National

Guard or a reserve component who is entitled to basic pay under

section 204 of this title.’’.

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

shall take effect October 1, 2000.

SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF

THE ARMED FORCES QUALIFIED IN A CRITICAL MILITARY

SKILL.

(a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37, United

States Code, is amended by adding at the end the following new section:

‘‘§ 323. Special pay: retention incentives for members qualified in a critical military skill

‘‘(a) RETENTION BONUS AUTHORIZED.—An officer or enlisted

member of the armed forces who is serving on active duty and is

qualified in a designated critical military skill may be paid a retention bonus as provided in this section if—

‘‘(1) in the case of an officer, the member executes a written

agreement to remain on active duty for at least 1 year; or

‘‘(2) in the case of an enlisted member, the member reenlists

or voluntarily extends the member’s enlistment for a period of

at least 1 year.

‘‘(b) DESIGNATION OF CRITICAL SKILLS.—(1) A designated critical military skill referred to in subsection (a) is a military skill designated as critical by the Secretary of Defense, or by the Secretary

of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

‘‘(2) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as

a service in the Navy, shall notify Congress, in advance, of each

military skill to be designated by the Secretary as critical for purposes of this section. The notice shall be submitted at least 90 days

before any bonus with regard to that critical skill is offered under

subsection (a) and shall include a discussion of the necessity for the

169

bonus, the amount and method of payment of the bonus, and the retention results that the bonus is expected to achieve.

‘‘(c) PAYMENT METHODS.—A bonus under this section may be

paid in a single lump sum or in periodic installments.

‘‘(d) MAXIMUM BONUS AMOUNT.—A member may enter into an

agreement under this section, or reenlist or voluntarily extend the

member’s enlistment, more than once to receive a bonus under this

section. However, a member may not receive a total of more than

$200,000 in payments under this section.

‘‘(e) CERTAIN MEMBERS INELIGIBLE.—A retention bonus may not

be provided under subsection (a) to a member of the armed forces

who—

‘‘(1) has completed more than 25 years of active duty; or

‘‘(2) will complete the member’s twenty-fifth year of active

duty before the end of the period of active duty for which the

bonus is being offered.

‘‘(f) RELATIONSHIP TO OTHER INCENTIVES.—A retention bonus

paid under this section is in addition to any other pay and allowances to which a member is entitled.

‘‘(g) REPAYMENT OF BONUS.—(1) If an officer who has entered

into a written agreement under subsection (a) fails to complete the

total period of active duty specified in the agreement, or an enlisted

member who voluntarily or because of misconduct does not complete

the term of enlistment for which a bonus was paid under this section, the Secretary of Defense, and the Secretary of Transportation

with respect to members of the Coast Guard when it is not operating

as a service in the Navy, may require the member to repay the

United States, on a pro rata basis and to the extent that the Secretary determines conditions and circumstances warrant, all sums

paid under this section.

‘‘(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

‘‘(3) A discharge in bankruptcy under title 11 that is entered

less than 5 years after the termination of a written agreement entered into under subsection (a) does not discharge the member from

a debt arising under paragraph (2).

‘‘(h) ANNUAL REPORT.—Not later than February 15 of each year,

the Secretary of Defense and the Secretary of Transportation shall

submit to Congress a report—

‘‘(1) analyzing the effect, during the preceding fiscal year,

of the provision of bonuses under this section on the retention

of members qualified in the critical military skills for which the

bonuses were offered; and

‘‘(2) describing the intentions of the Secretary regarding the

continued use of the bonus authority during the current and

next fiscal years.

‘‘(i) TERMINATION OF BONUS AUTHORITY.—No bonus may be

paid under this section with respect to any reenlistment, or voluntary extension of an enlistment, in the armed forces entered into

after December 31, 2001, and no agreement under this section may

be entered into after that date.’’.

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

amended by adding at the end the following new item:

170

‘‘323. Special pay: retention incentives for members qualified in a critical military

skill.’’.

(b) EFFECTIVE DATE.—Section 323 of title 10, United States

Code, as added by subsection (a), shall take effect on October 1,

2000.

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.

(a) IN GENERAL.—Section 303a of title 37, United States Code,

is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d); and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b)(1) Except as provided in paragraph (2) or as otherwise provided under a provision of this chapter, a commissioned officer in

the Regular or Reserve Corps of the Public Health Service is entitled

to special pay under a provision of this chapter in the same

amounts, and under the same terms and conditions, as a commissioned officer of the armed forces is entitled to special pay under

that provision.

‘‘(2) A commissioned medical officer in the Regular or Reserve

Corps of the Public Health Service (other than an officer serving in

the Indian Health Service) may not receive additional special pay

under section 302(a)(4) of this title for any period during which the

officer is providing obligated service under the following provisions

of law:

‘‘(A) Section 338B of the Public Health Service Act (42

U.S.C. 254l–1).

‘‘(B) Section 225(e) of the Public Health Service Act, as that

section was in effect before October 1, 1977.

‘‘(C) Section 752 of the Public Health Service Act, as that

section was in effect between October 1, 1977, and August 13,

1981.’’.

(b) REPEAL OF SUPERSEDED PROVISIONS.—Section 208(a) of the

Public Health Service Act (42 U.S.C. 210(a)) is amended—

(1) by striking paragraphs (2) and (3); and

(2) by inserting after paragraph (1) the following new paragraph (2):

‘‘(2) For provisions relating to the receipt of special pay by commissioned officers of the Regular and Reserve Corps while on active

duty, see section 303a(b) of title 37, United States Code.’’.

Subtitle C—Travel and Transportation

Allowances

SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS AND DEPENDENTS.

(a) SUBSISTENCE EXPENSES.— Section 404a of title 37, United

States Code, is amended—

(1) by redesignating subsections (b) and (c) as subsections

(d) and (e), respectively; and

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(2) by striking subsection (a) and inserting the following:

‘‘(a) PAYMENT OR REIMBURSEMENT OF SUBSISTENCE EX- PENSES.—(1) Under regulations prescribed by the Secretaries concerned, a member of a uniformed service who is ordered to make a

change of permanent station described in paragraph (2) shall be

paid or reimbursed for subsistence expenses of the member and the

member’s dependents for the period (subject to subsection (c)) for

which the member and dependents occupy temporary quarters incident to that change of permanent station.

‘‘(2) Paragraph (1) applies to the following:

‘‘(A) A permanent change of station from any duty station

to a duty station in the United States (other than Hawaii or

Alaska).

‘‘(B) A permanent change of station from a duty station in

the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska.

‘‘(C) In the case of an enlisted member who is reporting to

the member’s first permanent duty station, the change from the

member’s home of record or initial technical school to that first

permanent duty station.

‘‘(b) PAYMENT IN ADVANCE.—The Secretary concerned may make

any payment for subsistence expenses to a member under this section in advance of the member actually incurring the expenses. The

amount of an advance payment made to a member shall be computed on the basis of the Secretary’s determination of the average

number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member

and the member’s dependents.

‘‘(c) MAXIMUM PAYMENT PERIOD.—(1) In the case of a change of

permanent station described in subparagraph (A) or (C) of subsection (a)(2), the period for which subsistence expenses are to be

paid or reimbursed under this section may not exceed 10 days.

‘‘(2) In the case of a change of permanent station described in

subsection (a)(2)(B)—

‘‘(A) the period for which such expenses are to be paid or

reimbursed under this section may not exceed five days; and

‘‘(B) such payment or reimbursement may be provided only

for expenses incurred before leaving the United States (other

than Hawaii or Alaska).’’.

(b) PER DIEM.—Section 405 of such title is amended to read as

follows:

‘‘§ 405. Travel and transportation allowances: per diem while

on duty outside the United States or in Hawaii or

Alaska

‘‘(a) PER DIEM AUTHORIZED.—Without regard to the monetary

limitation of this title, the Secretary concerned may pay a per diem

to a member of the uniformed services who is on duty outside of the

United States or in Hawaii or Alaska, whether or not the member

is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.

‘‘(b) DETERMINATION OF PER DIEM.—In determining the per

diem to be paid under this section, the Secretary concerned shall

consider all elements of the cost of living to members of the uniVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00201 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.074 pfrm03 PsN: HR945
172

formed services under the Secretary’s jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary

incidental expenses. However, dependents may not be considered in

determining the per diem allowance for a member in a travel status.

‘‘(c) TREATMENT OF HOUSING COST AND ALLOWANCE.—Housing

cost and allowance may be disregarded in prescribing a station cost

of living allowance under this section.’’.

(c) STYLISTIC AMENDMENTS.—Section 404a of such title is further amended—

(1) in subsection (d), as redesignated by subsection (a), by

striking ‘‘(d)’’ and inserting ‘‘(d) DAILY SUBSISTENCE

RATES.—’’; and

(2) in subsection (e), as redesignated by subsection (a), by

striking ‘‘(e)’’ and inserting ‘‘(e) MAXIMUM DAILY PAYMENT.—’’.

SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING

BAGGAGE AND HOUSEHOLD EFFECTS.

(a) PET QUARANTINE FEES.—Section 406(a)(1) of title 37,

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

new sentence: ‘‘The Secretary concerned may also reimburse the

member for mandatory pet quarantine fees for household pets, but

not to exceed $275 per change of station, when the member incurs

the fees incident to such change of station.’’.

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

shall take effect October 1, 2000.

SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD

GOODS IN LESS THAN AVERAGE WEIGHTS.

Section 406(b)(1) of title 37, United States Code, is amended by

adding at the end the following new subparagraph:

‘‘(G) Under regulations prescribed by the Secretary of Defense,

the Secretary concerned may pay a member a share (determined

pursuant to such regulations) of the savings resulting to the United

States when the total weights of the member’s baggage and household effects shipped and stored under subparagraph (A) are less

than the average weights of the baggage and household effects that

are shipped and stored, respectively, by other members in the same

grade and with the same dependents status as the member in connection with changes of station that are comparable to the member’s

change of station. The total savings shall be equal to the difference

between the cost of shipping and cost of storing such average

weights of baggage and household effects, respectively, and the corresponding costs associated with the weights of the member’s baggage and household effects. For the administration of this subparagraph, the Secretary of Defense shall annually determine the average weights of baggage and household effects shipped and stored in

connection with a change of temporary or permanent station.’’.

SEC. 644. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR ENLISTED MEMBERS.

Section 407(c)(1) of title 37, United States Code, is amended by

inserting before the period at the end the following: ‘‘, except that

the Secretary concerned may not differentiate between members with

dependents in pay grades E–1 through E–5’’.

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SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR

ROTC CADRE, AND MILITARY ENTRANCE PROCESSING

PERSONNEL FOR CERTAIN PARKING EXPENSES.

(a) REIMBURSEMENT AUTHORITY.—Chapter 7 of title 37, United

States Code, is amended by inserting after section 411h the following new section:

‘‘§ 411i. Travel and transportation allowances: parking expenses

‘‘(a) REIMBURSEMENT AUTHORITY.—Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may reimburse eligible Department of Defense personnel

for expenses incurred after October 1, 2001, for parking a privately

owned vehicle at a place of duty described in subsection (b).

‘‘(b) ELIGIBILITY.—A member of the Army, Navy, Air Force, or

Marine Corps or an employee of the Department of Defense may be

reimbursed under subsection (a) for parking expenses while—

‘‘(1) assigned to duty as a recruiter for any of the armed

forces;

‘‘(2) assigned to duty at a military entrance processing facility of the armed forces; or

‘‘(3) detailed for instructional and administrative duties at

any institution where a unit of the Senior Reserve Officers’

Training Corps is maintained.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 411h the following new item:

‘‘411i. Travel and transportation allowances: parking expenses.’’.

SEC. 646. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.

Section 430 of title 37, United States Code, is amended—

(1) in subsections (a)(3) and (b)(1), by striking ‘‘for the purpose of obtaining a secondary or undergraduate college education’’ and inserting ‘‘for the purpose of obtaining a formal

education’’; and

(2) in subsection (f)—

(A) by striking ‘‘In this section, the term’’ and inserting

the following:

‘‘In this section:

‘‘(1) The term’’; and

(B) by adding at the end the following new subparagraph:

‘‘(2) The term ‘formal education’ means the following:

‘‘(A) A secondary education.

‘‘(B) An undergraduate college education.

‘‘(C) A graduate education pursued on a full-time basis

at an institution of higher education (as defined in section

101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

‘‘(D) Vocational education pursued on a full-time basis

at a post-secondary vocational institution (as defined in

section 102(c) of the Higher Education Act of 1965 (20

U.S.C. 1002(c))).’’.

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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.

Section 1407 of title 10, United States Code, is amended—

(1) in subsection (b), by striking ‘‘The retired pay base’’ and

inserting ‘‘Except as provided in subsection (f), the retired pay

base’’; and

(2) by adding at the end the following new subsection:

‘‘(f) EXCEPTION FOR ENLISTED MEMBERS REDUCED IN GRADE

AND OFFICERS WHO DO NOT SERVE SATISFACTORILY IN HIGHEST

GRADE HELD.—

‘‘(1) COMPUTATION BASED ON PRE-HIGH-THREE RULES.—In

the case of a member or former member described in paragraph

(2), the retired pay base or retainer pay base is determined

under section 1406 of this title in the same manner as if the

member or former member first became a member of a uniformed service before September 8, 1980.

‘‘(2) AFFECTED MEMBERS.—A member or former member referred to in paragraph (1) is a member or former member who

by reason of conduct occurring after the date of the enactment

of this subsection—

‘‘(A) in the case of a member retired in an enlisted

grade or transferred to the Fleet Reserve or Fleet Marine

Corps Reserve, was at any time reduced in grade as the result of a court-martial sentence, nonjudicial punishment, or

an administrative action, unless the member was subsequently promoted to a higher enlisted grade or appointed to

a commissioned or warrant grade; and

‘‘(B) in the case of an officer, is retired in a grade lower

than the highest grade in which served by reason of denial

of a determination or certification under section 1370 of

this title that the officer served on active duty satisfactorily

in that grade.

‘‘(3) SPECIAL RULE FOR ENLISTED MEMBERS.—In the case of

a member who retires within three years after having been reduced in grade as described in paragraph (2)(A), who retires in

an enlisted grade that is lower than the grade from which reduced, and who would be subject to paragraph (1) but for a

subsequent promotion to a higher enlisted grade or a subsequent appointment to a warrant or commissioned grade, the

rates of basic pay used in the computation of the member’s

high-36 average for the period of the member’s service in a

grade higher than the grade in which retired shall be the rates

of pay that would apply if the member had been serving for that

period in the grade in which retired.’’.

SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT

POINTS THAT MAY BE CREDITED IN ANY YEAR.

Section 12733(3) of title 10, United States Code, is amended by

striking ‘‘but not more than’’ and all that follows and inserting ‘‘but

not more than—

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‘‘(A) 60 days in any one year of service before the year

of service that includes September 23, 1996;

‘‘(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001; and

‘‘(C) 90 days in the year of service that includes the

date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and in any

subsequent year of service.’’.

SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGULAR RETIREMENT.

(a) CONVERSION TO RESERVE RETIREMENT.—(1) Chapter 1223

of title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 12741. Retirement from active reserve service performed

after regular retirement

‘‘(a) ELECTION OF RESERVE RETIRED PAY.—A person who, after

becoming entitled to retired or retainer pay under chapter 65, 367,

571, or 867 of this title, serves in an active status in a reserve component is entitled to retired pay under this chapter if—

‘‘(1) the person would, but for paragraphs (3) and (4) of section 12731(a) of this title, otherwise be entitled to retired pay

under this chapter;

‘‘(2) the person elects under this section to receive retired

pay under this chapter; and

‘‘(3) the person’s service in an active status after having become entitled to retired or retainer pay under that chapter is determined by the Secretary concerned to have been satisfactory.

‘‘(b) ACTIONS TO EFFECTUATE ELECTION.—As of the effective

date of an election made by a person under subsection (a), the Secretary concerned shall—

‘‘(1) terminate the person’s entitlement to retired or retainer

pay under the applicable chapter of this title referred to in subsection (a); and

‘‘(2) in the case of a reserve commissioned officer, transfer

the officer to the Retired Reserve.

‘‘(c) TIME AND FORM OF ELECTION.—An election under subsection (b) shall be made within such time and in such form as the

Secretary concerned requires.

‘‘(d) EFFECTIVE DATE OF ELECTION.—An election made by a person under subsection (b) shall be effective—

‘‘(1) except as provided in paragraph (2)(B), as of the date

on which the person attains 60 years of age, if the Secretary

concerned receives the election in accordance with this section

within 180 days after that date; or

‘‘(2) on the first day of the first month that begins after the

date on which the Secretary concerned receives the election in

accordance with this section, if—

‘‘(A) the date of the receipt of the election is more than

180 days after the date on which the person attains 60

years of age; or

176

‘‘(B) the person retires from service in an active status

within that 180-day period.’’.

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

amended by adding at the end the following new item:

‘‘12741. Retirement from active service performed after regular retirement.’’.

(b) EFFECTIVE DATE.—Section 12741 of title 10, United States

Code, as added by subsection (a), shall take effect 180 days after the

date of the enactment of this Act and shall apply with respect to retired pay payable for months beginning on of after that effective

date.

SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER

FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY

RETIRED PAY.

(a) ARTICLE III JUDGES.—(1) Section 371 of title 28, United

States Code, is amended—

(A) by striking subsection (e); and

(B) by redesignating subsection (f) as subsection (e).

(2) Subsection (b) of such section is amended by striking ‘‘subsection (f)’’ each place it appears and inserting ‘‘subsection (e)’’.

(b) JUDGES OF UNITED STATES COURT OF FEDERAL CLAIMS.—

(1) Section 180 of title 28, United States Code, is repealed.

(2) The table of sections at the beginning of chapter 7 of such

title is amended by striking the item relating to section 180.

(c) RETROACTIVE EFFECTIVE DATE.—The amendments made by

this section shall take effect as of October 1, 1999.

SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL

CONSENT REQUIREMENT.

(a) ELIGIBLE PARTICIPANTS.—Subsection (a)(2)(B) of section

1448 of title 10, United States Code, is amended to read as follows:

‘‘(B) RESERVE-COMPONENT ANNUITY PARTICIPANTS.—A

person who (i) is eligible to participate in the Plan under

paragraph (1)(B), and (ii) is married or has a dependent

child when he is notified under section 12731(d) of this title

that he has completed the years of service required for eligibility for reserve-component retired pay, unless the person

elects (with his spouse’s concurrence, if required under

paragraph (3)) not to participate in the Plan before the end

of the 90-day period beginning on the date on which he receives that notification.’’.

(b) SUBSEQUENT ELECTION TO PARTICIPATE.—Subsection

(a)(3)(B) of such section is amended—

(1) by striking ‘‘who elects to provide’’ and inserting ‘‘who

is eligible to provide’’;

(2) by redesignating clauses (i) and (ii) as clauses (iii) and

(iv), respectively; and

(3) by inserting before clause (iii) (as so redesignated) the

following new clauses:

‘‘(i) not to participate in the Plan;

‘‘(ii) to designate under subsection (e)(2) the effective date for commencement of annuity payments under

the Plan in the event that the member dies before becoming 60 years of age to be the 60th anniversary of

177

the member’s birth (rather than the day after the date

of the member’s death);’’.

(c) CONFORMING AMENDMENTS.—Subchapter II of chapter 73 of

such title is further amended—

(1) in section 1448(a)(2), by striking ‘‘described in clauses

(i) and (ii)’’ in the sentence following subparagraph (B) (as

amended by subsection (a)) and all that follows through ‘‘that

clause’’ and inserting ‘‘who elects under subparagraph (B) not

to participate in the Plan’’;

(2) in section 1448(a)(4)—

(A) by striking ‘‘not to participate in the Plan’’ in subparagraph (A); and

(B) by striking ‘‘to participate in the Plan’’ in subparagraph (B);

(3) in section 1448(e), by striking ‘‘a person electing to participate’’ and all that follows through ‘‘making such election’’

and inserting ‘‘a person is required to make a designation

under this subsection, the person’’; and

(4) in section 1450(j)(1), by striking ‘‘An annuity’’ and all

that follows through the period and inserting ‘‘A reserve-component annuity shall be effective in accordance with the designation made under section 1448(e) of this title by the person providing the annuity.’’.

(d) EFFECTIVE DATE.—The amendments made by this section

apply only with respect to a notification under section 12731(d) of

title 10, United States Code, made after January 1, 2001, that a

member of a reserve component has completed the years of service

required for eligibility for reserve-component retired pay.

SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT

PLAN ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR

OLDER.

(a) SENSE OF CONGRESS.—It is the sense of Congress that, subject to the requirements and limitations of congressional budget procedures relating to the enactment of new (or increased) entitlement

authority, there should be enacted legislation that increases the annuities provided under the Survivor Benefit Plan program for surviving spouses who are 62 years of age or older in order to reduce

(and eventually eliminate) the different levels of annuities under

that program for surviving spouses who are under age 62 and those

who are 62 years of age and older.

(b) SURVIVOR BENEFIT PLAN.—For purposes of this section, the

term ‘‘Survivor Benefit Plan program’’ means the program of annuities for survivors of members of the uniformed services provided

under subchapter II of chapter 73 of title 10, United States Code.

SEC. 657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO REPEAL EXCLUSION OF UNIFORMED SERVICES RETIREES IN

RECEIPT OF DISABILITY RETIRED PAY.

(a) ELIGIBILITY FOR CHAPTER 61 RETIREES.—Section 1413(c) of

title 10, United States Code, is amended by striking ‘‘(other than a

member who is retired under chapter 61 of this title)’’.

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

shall take effect on October 1, 2001, and shall apply to months that

begin on or after that date. No benefit may be paid under section

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1413 of title 10, United States Code, to any person by reason of the

amendment made by subsection (a) for any period before that date.

Subtitle E—Other Matters

SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN.

(a) EFFECTIVE DATE OF AUTHORITY TO PARTICIPATE.—Section

663 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106–65; 113 Stat. 673; 5 U.S.C. 8440 note) is amended

to read as follows:

‘‘SEC. 663. EFFECTIVE DATE.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), the

amendments made by this subtitle shall take effect 180 days after

the date of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001.

‘‘(b) POSTPONEMENT AUTHORITY.—(1) The Secretary of Defense

may postpone by up to 180 days after the date that would otherwise

apply under subsection (a)—

‘‘(A) the date as of which the amendments made by this

subtitle shall take effect; or

‘‘(B) the date as of which section 211(a)(2) of title 37,

United States Code (as added by this subtitle) shall take effect.

‘‘(2) Postponement authority under this subsection may be exercised only to the extent that the failure to do so would prevent the

Federal Retirement Thrift Investment Board from being able to provide timely and accurate services to investors or would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan, as determined

by the Secretary of Defense after consultation with the Executive Director (appointed by the Board).

‘‘(3) Paragraph (1) includes the authority to postpone the effective date of the amendments made by this subtitle (apart from section 211(a)(2) of title 37, United States Code), and the effective date

of such section 211(a)(2), by different lengths of time.

‘‘(4) The Secretary shall notify the congressional defense committees, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the

Senate of any determination made under this subsection.’’.

(b) REGULATIONS.—Section 661(b) of such Act (113 Stat. 672; 5

U.S.C. 8440e note) is amended by striking ‘‘the date on which’’ and

all that follows through ‘‘later,’’ and inserting ‘‘the 180th day after

the date of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001,’’.

(c) CONFORMING AMENDMENT.—Section 8440e(b)(2)(B)(i) of title

5, United States Code, is amended by striking ‘‘as of’’ and all that

follows through ‘‘thereof)’’ and inserting ‘‘as of the effective date that

applies with respect to such individual under section 663 of the National Defense Authorization Act for Fiscal Year 2000’’.

SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL

SUPPLEMENTAL FOOD PROGRAM.

Section 1060a(c)(1)(B) of title 10, United States Code, is amended by striking the second sentence and inserting the following new

sentence: ‘‘In the application of such criterion, the Secretary shall

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exclude from income any basic allowance for housing as permitted

under section 17(d)(2)(B) of the Child Nutrition Act of 1966 (42

U.S.C. 1786(d)(2)(B)).’’.

SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING

FOR INACTIVE-DUTY TRAINING.

(a) IN GENERAL.—(1) Chapter 1217 of title 10, United States

Code, is amended by inserting after section 12603 the following new

section:

‘‘§ 12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training

‘‘(a) AUTHORITY FOR BILLETING ON SAME BASIS AS ACTIVE

DUTY MEMBERS TRAVELING UNDER ORDERS.—The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to

inactive-duty training at a location more than 50 miles from that

Reserve’s residence to be eligible for billeting in Department of Defense facilities on the same basis and to the same extent as a member of the armed forces on active duty who is traveling under orders

away from the member’s permanent duty station.

‘‘(b) PROOF OF REASON FOR TRAVEL.—The Secretary shall include in the regulations the means for confirming a Reserve’s eligibility for billeting under subsection (a).’’.

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

amended by inserting after the item relating to section 12603 the

following new item:

‘‘12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty

training.’’.

(b) EFFECTIVE DATE.—Section 12604 of title 10, United States

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

of inactive-duty training beginning more than 180 days after the

date of the enactment of this Act.

SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE AND FOR RETIRED PAY.

(a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE.—

Subsection (a)(1)(A) of section 3702 of title 31, United States Code,

is amended by inserting ‘‘payments for unused accrued leave,’’ after

‘‘transportation,’’.

(b) WAIVER OF TIME LIMITATIONS.—Subsection (e)(1) of such

section is amended by striking ‘‘claim for pay or allowances provided under title 37’’ and inserting ‘‘claim for pay, allowances, or

payment for unused accrued leave under title 37 or a claim for retired pay under title 10’’.

SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL

INCURRING INJURY, ILLNESS, OR DISEASE IN THE PERFORMANCE OF FUNERAL HONORS DUTY.

(a) INCAPACITATION PAY.—Section 204 of title 37, United States

Code, is amended—

(1) in subsection (g)(1)—

(A) by striking ‘‘or’’ at the end of subparagraph (C);

(B) by striking the period at the end of subparagraph

(D) and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(E) in line of duty while—

180

‘‘(i) serving on funeral honors duty under section 12503

of title 10 or section 115 of title 32;

‘‘(ii) traveling to or from the place at which the duty

was to be performed; or

‘‘(iii) remaining overnight at or in the vicinity of that

place immediately before so serving, if the place is outside

reasonable commuting distance from the member’s residence.’’; and

(2) in subsection (h)(1)—

(A) by striking ‘‘or’’ at the end of subparagraph (C);

(B) by striking the period at the end of subparagraph

(D) and inserting ‘‘; or’’; and

(C) by adding at the end the following:

‘‘(E) in line of duty while—

‘‘(i) serving on funeral honors duty under section 12503

of title 10 or section 115 of title 32;

‘‘(ii) traveling to or from the place at which the duty

was to be performed; or

‘‘(iii) remaining overnight at or in the vicinity of that

place immediately before so serving, if the place is outside

reasonable commuting distance from the member’s residence.’’.

(b) TORT CLAIMS.—Section 2671 of title 28, United States Code,

is amended by inserting ‘‘115,’’ in the second paragraph after ‘‘members of the National Guard while engaged in training or duty under

section’’.

(c) APPLICABILITY.—(1) The amendments made by subsection (a)

shall apply with respect to months beginning on or after the date

of the enactment of this Act.

(2) The amendment made by subsection (b) shall apply with respect to acts and omissions occurring before, on, or after the date

of the enactment of this Act.

SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING

CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT

OF CERTAIN PERSONS BY NORTH VIETNAM.

Section 657(d)(1) of the National Defense Authorization Act for

Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2585) is amended

by adding at the end the following new sentence: ‘‘The Secretary

may, in the case of any claim under this section, extend the time

limitation under the preceding sentence by up to 18 months if the

Secretary determines that such an extension in the case of that

claim is necessary to prevent an injustice or that failure of the

claimant to file the claim within that time limitation is due to excusable neglect.’’.

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.

(a) ENTITLEMENT OF FORMER PRISONERS OF WAR.—Upon receipt of a claim made in accordance with this section, the Secretary

of the Navy shall pay, from any appropriation currently available

to the Secretary, back pay to any person who, by reason of being interned as a prisoner of war while serving as a member of the Navy

or the Marine Corps during World War II, was not available to accept a promotion for which the person had been selected.

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(b) PAYMENT TO SURVIVING SPOUSE OF DECEASED FORMER

MEMBER.—In the case of a person described in subsection (a) who

is deceased, the back pay for that person under this section shall be

paid to the living surviving spouse of that person, if any. If there

is no living surviving spouse, no claim may be paid under this section with respect to that person.

(c) AMOUNT OF BACK PAY.—(1) The amount of back pay payable

to or for a person described in subsection (a) is the amount equal

to the difference between—

(A) the total amount of basic pay that would have been

paid to that person for service in the Navy or the Marine Corps

for the back-pay computation period if the person had been promoted to the grade to which selected to be promoted; and

(B) the total amount of basic pay that was actually paid to

or for that person for such service for the back-pay computation

period.

(2) For purposes of paragraph (1), the back-pay computation period for a person covered by subsection (a) is the period—

(A) beginning on the date (as determined by the Secretary

of the Navy) as of when that person’s promotion would have

been effective for pay purposes but for the person’s internment

as a prisoner of war; and

(B) ending on the earliest of—

(i) the date of the person’s discharge or release from active duty;

(ii) the date on which the person’s promotion to that

grade in fact became effective for pay purposes; and

(iii) the end of World War II.

(d) TIME LIMITATIONS.—(1) To be eligible for a payment under

this section, a claimant must file a claim for such payment with the

Secretary of the Navy within two years after the effective date of the

regulations prescribed to carry out this section.

(2) Not later than 18 months after receiving a claim for payment under this section, the Secretary shall determine the eligibility

of the claimant for payment of the claim. Subject to subsection (f),

if the Secretary determines that the claimant is eligible for the payment, the Secretary shall promptly pay the claim.

(e) REGULATIONS.—Not later than six months after the date of

the enactment of this Act, the Secretary of the Navy shall prescribe

regulations to carry out this section. Such regulations shall include

procedures by which persons may submit claims for payment under

this section.

(f) LIMITATION ON DISBURSEMENT.—(1) Notwithstanding any

power of attorney, assignment of interest, contract, or other agreement, the actual disbursement of a payment of back pay under this

section may be made only to a person who is eligible for the payment under subsection (a) or (b).

(2) In the case of a claim approved for payment but not disbursed as a result of paragraph (1), the Secretary shall hold the

funds in trust for the person in an interest bearing account until

such time as the person makes an election under such paragraph.

(g) ATTORNEY FEES.—Notwithstanding any contract, the representative of a person may not receive, for services rendered in connection with the claim of, or with respect to, a person under this secVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00211 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.076 pfrm03 PsN: HR945
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tion, more than 10 percent of the amount of a payment made under

this section on that claim.

(h) OUTREACH.—The Secretary of the Navy shall take such actions as are necessary to ensure that the benefits and eligibility for

benefits under this section are widely publicized by means designed

to provide actual notice of the availability of the benefits in a timely

manner to the maximum number of eligible persons practicable.

(i) DEFINITION.—In this section, the term ‘‘World War II’’ has

the meaning given that term in section 101(8) of title 38, United

States Code.

SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE

COMPONENTS.

It is the sense of Congress that it is in the national interest for

the President, in the President’s Budget for each fiscal year, to provide funds for the reserve components of the Armed Forces at a level

sufficient to ensure that the reserve components are able to meet the

requirements, including training requirements, specified for them in

the National Military Strategy.

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-of-healthcare 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.

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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.

Subtitle A—Health Care Services

SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR

CHAMPUS BENEFICIARIES AND CERTAIN FORMER

CHAMPUS BENEFICIARIES.

(a) CONTINUATION OF CARE FOR CERTAIN CHAMPUS BENEFICIARIES.—Section 703(a)(1) of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 682; 10

U.S.C. 1077 note) is amended by inserting before the period at the

end the following: ‘‘or by the prohibition in section 1086(d)(1) of

such title’’.

(b) REIMBURSEMENT FOR SERVICES PROVIDED.—Section 703(a)

of such Act is further amended by adding at the end the following

new paragraph:

‘‘(4) The Secretary may provide payment for domiciliary or custodial care services provided to an eligible beneficiary for which

payment was discontinued by reason of section 1086(d) of title 10,

United States Code, and subsequently reestablished under other

legal authority. Such payment is authorized for the period beginning on the date of discontinuation of payment for domiciliary or

custodial care services and ending on the date of reestablishment of

payment for such services.’’.

(c) COST LIMITATION FOR INDIVIDUAL CASE MANAGEMENT PROGRAM.—(1) Section 1079(a)(17) of title 10, United States Code, is

amended—

(A) by inserting ‘‘(A)’’ after ‘‘(17)’’; and

(B) by adding at the end the following:

‘‘(B) The total amount expended under subparagraph (A)

for a fiscal year may not exceed $100,000,000.’’.

(2) Section 703 of the National Defense Authorization Act for

Fiscal Year 2000 is further amended by adding at the end the following:

‘‘(e) COST LIMITATION.—The total amount paid for services for

eligible beneficiaries under subsection (a) for a fiscal year (together

with the costs of administering the authority under that subsection)

shall be included in the expenditures limited by section

1079(a)(17)(B) of title 10, United States Code.’’.

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(3) The amendments made by paragraphs (1) and (2) shall

apply to fiscal years after fiscal year 1999.

(d) STUDY REQUIRED.—(1) Not later than the date that is three

months after the date of the enactment of this Act, the Comptroller

General of the United States shall undertake a study to evaluate the

coordination and effectiveness of the supplemental disability health

care programs of the Department of Defense, the Program for Persons with Disabilities and the Individual Case Management Program for Persons with Disabilities, as such programs relate to other

elements of the TRICARE program in meeting the health care needs

of disabled dependents of members of the Armed Forces on active

duty. The Comptroller General shall examine—

(A) the number of such dependents who receive services

under the Program for Persons with Disabilities, and the number of beneficiaries receiving care under the Individual Case

Management Program for Persons with Disabilities, and a description of the patterns of use and expenditures for services

provided under such programs;

(B) the effectiveness of the existing system for coordinating

the provision of services under the TRICARE program and the

supplemental disability programs of the Department of Defense,

including the comprehensiveness of services and the cost effectiveness of providing services;

(C) the extent to which the monthly maximum benefit imposed under current law under the Program for Persons with

Disabilities affects the ability of beneficiaries to obtain needed

health care services;

(D) the number of beneficiaries who are receiving services

that supplement services to the TRICARE program under the

Program for Persons with Disabilities and the Individual Case

Management Program for Persons with Disabilities; and

(E) the extent to which costs or lack of coverage for health

care services for disabled dependents of members of the Armed

Forces on active duty under existing military health care programs has caused increased enrollment of such dependents in

medicaid programs.

(2) Not later than April 16, 2001, the Comptroller General shall

submit to Congress a report on the results of the study under this

section, including recommendations for legislative or administrative

changes for providing a comprehensive, efficient, and complete system of health care services for disabled dependents of members of

the Armed Forces on active duty.

SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE

DUTY.

(a) PLAN REQUIRED.—(1) Not later than March 31, 2001, the

Secretary of Defense shall complete development of a plan to provide

chiropractic health care services and benefits, as a permanent part

of the Defense Health Program (including the TRICARE program),

for all members of the uniformed services who are entitled to care

under section 1074(a) of title 10, United States Code.

(2) The plan shall provide for the following:

(A) Access, at designated military medical treatment facilities, to the scope of chiropractic services as determined by the

Secretary, which includes, at a minimum, care for neuro-musVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00214 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.077 pfrm03 PsN: HR945
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culoskeletal conditions typical among military personnel on active duty.

(B) A detailed analysis of the projected costs of fully integrating chiropractic health care services into the military health

care system.

(C) An examination of the proposed military medical treatment facilities at which such services would be provided.

(D) An examination of the military readiness requirements

for chiropractors who would provide such services.

(E) An examination of any other relevant factors that the

Secretary considers appropriate.

(F) Phased-in implementation of the plan over a 5-year period, beginning on October 1, 2001.

(b) CONSULTATION REQUIREMENTS.—The Secretary of Defense

shall consult with the other administering Secretaries described in

section 1073 of title 10, United States Code, and the oversight advisory committee established under section 731 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337;

10 U.S.C. 1092 note) regarding the following:

(1) The development and implementation of the plan required under subsection (a).

(2) Each report that the Secretary is required to submit to

Congress regarding the plan.

(3) The selection of the military medical treatment facilities

at which the chiropractic services described in subsection

(a)(2)(A) are to be provided.

(c) CONTINUATION OF CURRENT SERVICES.—Until the plan required under subsection (a) is implemented, the Secretary shall continue to furnish the same level of chiropractic health care services

and benefits under the Defense Health Program that is provided

during fiscal year 2000 at military medical treatment facilities that

provide such services and benefits.

(d) REPORT REQUIRED.—Not later than January 31, 2001, the

Secretary of Defense shall submit a report on the plan required

under subsection (a), together with appropriate appendices and attachments, to the Committees on Armed Services of the Senate and

the House of Representatives.

(e) GAO REPORTS.—The Comptroller General shall monitor the

development and implementation of the plan required under subsection (a), including the administration of services and benefits

under the plan, and periodically submit to the committees referred

to in subsection (d) written reports on such development and implementation.

SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN

MINOR DEPENDENTS.

Section 1076 of title 10, United States Code is amended by adding at the end the following:

‘‘(f)(1) The administering Secretaries shall furnish an eligible

dependent a physical examination that is required by a school in

connection with the enrollment of the dependent as a student in that

school.

‘‘(2) A dependent is eligible for a physical examination under

paragraph (1) if the dependent—

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‘‘(A) is entitled to receive medical care under subsection (a)

or is authorized to receive medical care under subsection (b);

and

‘‘(B) is at least 5 years of age and less than 12 years of age.

‘‘(3) Nothing in paragraph (2) may be construed to prohibit the

furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that

paragraph, would otherwise be eligible for a physical examination

required to be furnished under this subsection.’’.

SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS

FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED

MEMBERS.

(a) DENTAL BENEFITS.—Section 1076a(k)(2) of title 10, United

States Code, is amended by striking ‘‘one-year period’’ and inserting

‘‘three-year period’’.

(b) MEDICAL BENEFITS.—Section 1079(g) of title 10, United

States Code, is amended by striking ‘‘one-year period’’ in the second

sentence and inserting ‘‘three-year period’’.

SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT PHYSICIANS AT MILITARY ENTRANCE PROCESSING

STATIONS AND ELSEWHERE OUTSIDE MEDICAL TREATMENT FACILITIES.

Section 1091(a)(2) of title 10, United States Code, is amended

by striking ‘‘December 31, 2000’’ in the second sentence and inserting ‘‘December 31, 2002’’.

SEC. 706. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR RECIPIENTS.

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States Code,

is amended by inserting after section 1074g the following new section:

‘‘§ 1074h. Medical and dental care: medal of honor recipients;

dependents

‘‘(a) MEDAL OF HONOR RECIPIENTS.—A former member of the

armed forces who is a Medal of Honor recipient and who is not otherwise entitled to medical and dental benefits under this chapter

may, upon request, be given medical and dental care provided by

the administering Secretaries in the same manner as if entitled to

retired pay.

‘‘(b) IMMEDIATE DEPENDENTS.—A person who is an immediate

dependent of a Medal of Honor recipient and who is not otherwise

entitled to medical and dental benefits under this chapter may,

upon request, be given medical and dental care provided by the administering Secretaries in the same manner as if the Medal of

Honor recipient were, or (if deceased) was at the time of death, entitled to retired pay.

‘‘(c) DEFINITIONS—In this section:

‘‘(1) The term ‘Medal of Honor recipient’ means a person

who has been awarded a medal of honor under section 3741,

6241, or 8741 of this title or section 491 of title 14.

‘‘(2) The term ‘immediate dependent’ means a dependent described in subparagraph (A), (B), (C), or (D) of section 1072(2)

of this title.’’.

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

amended by inserting after the item relating to section 1074g the

following new item:

‘‘1074h. Medical and dental care: medal of honor recipients; dependents.’’.

(b) EFFECTIVE DATE.—Section 1074h of title 10, United States

Code, shall apply with respect to medical and dental care provided

on or after the date of the enactment of this Act.

Subtitle B—Senior Health Care

SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.

(a) EXPANSION OF TRICARE SENIOR PHARMACY PROGRAM.— Section 723 of the Strom Thurmond National Defense Authorization

Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat. 2068; 10

U.S.C. 1073 note) is amended—

(1) in subsection (a)—

(A) by striking ‘‘October 1, 1999’’ and inserting ‘‘April

1, 2001’’; and

(B) by striking ‘‘who reside in an area selected under

subsection (f)’’;

(2) by amending subsection (b) to read as follows:

‘‘(b) PROGRAM REQUIREMENTS.—The same coverage for pharmacy services and the same requirements for cost sharing and reimbursement as are applicable under section 1086 of title 10, United

States Code, shall apply with respect to the program required by

subsection (a).’’;

(3) in subsection (d)—

(A) by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2001’’; and

(B) by striking ‘‘December 31, 2002’’ and inserting ‘‘December 31, 2003’’;

(4) in subsection (e)—

(A) in paragraph (1)—

(i) in subparagraph (B), by inserting ‘‘and’’ after

the semicolon;

(ii) in subparagraph (C), by striking ‘‘; and’’ and

inserting a period; and

(iii) by striking subparagraph (D); and

(B) in paragraph (2), by striking ‘‘at the time’’ and all

that follows through ‘‘facility’’ and inserting ‘‘, before April

1, 2001, has attained the age of 65 and did not enroll in

the program described in such paragraph’’; and

(5) by striking subsection (f).

(b) TERMINATION OF DEMONSTRATION PROJECT AND RETAIL

PHARMACY NETWORK REQUIREMENTS.—Section 702 of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102–

484; 10 U.S.C. 1079 note) is amended by adding at the end the following:

‘‘(h) TERMINATION.—This section shall cease to apply to the Secretary of Defense on the date after the implementation of section 711

of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 that the Secretary determines appropriate, with a

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view to minimizing instability with respect to the provision of pharmacy benefits, but in no case later than the date that is one year

after the date of the enactment of such Act.’’.

SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE

UPON THE ATTAINMENT OF AGE 65; EXPANSION AND

MODIFICATION OF MEDICARE SUBVENTION PROJECT.

(a) ELIGIBILITY OF MEDICARE ELIGIBLE PERSONS.—(1) Section

1086(d) of title 10, United States Code, is amended—

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

‘‘(2) The prohibition contained in paragraph (1) shall not apply

to a person referred to in subsection (c) who—

‘‘(A) is enrolled in the supplementary medical insurance

program under part B of such title (42 U.S.C. 1395j et seq.);

and

‘‘(B) in the case of a person under 65 years of age, is entitled to hospital insurance benefits under part A of title XVIII

of the Social Security Act pursuant to subparagraph (A) or (C)

of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or section

226A(a) of such Act (42 U.S.C. 426–1(a)).’’; and

(B) in paragraph (4), by striking ‘‘paragraph (1) who satisfy

only the criteria specified in subparagraphs (A) and (B) of paragraph (2), but not subparagraph (C) of such paragraph,’’ and

inserting ‘‘subparagraph (B) of paragraph (2) who do not satisfy

the condition specified in subparagraph (A) of such paragraph’’.

(2) Subsection (a)(4)(A) of section 1896 of the Social Security

Act (42 U.S.C. 1395ggg) is amended to read as follows:

‘‘(A) is eligible for health benefits under section 1086 of

such title by reason of subsection (c)(1) of such section;’’.

(3) The amendments made by paragraphs (1) and (2) shall take

effect on October 1, 2001.

(b) 1-YEAR EXTENSION OF MEDICARE SUBVENTION PROJECT.— Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is

amended—

(1) in subsection (b)(4), by striking ‘‘3-year period’’ and inserting ‘‘4-year period’’; and

(2) in subsection (i)(4)—

(A) by striking ‘‘and’’ at the end of subparagraph (B);

(B) by striking the period at the end of subparagraph

(C) and inserting ‘‘; and’’; and

(C) by adding at the end the following new subparagraph:

‘‘(D) $70,000,000 for calendar year 2001.’’.

(c) FURTHER EXTENSION OF MEDICARE SUBVENTION PROJECT.—

(1) Subsection (b)(4) of section 1896 of the Social Security Act (42

U.S.C. 1395ggg) is amended by striking the period at the end and

inserting the following: ‘‘, except that the administering Secretaries

may negotiate and (subject to section 701(f) of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001) enter into

a new or revised agreement under paragraph (1)(A) to continue the

project after the end of such period. If the project is so continued,

the administering Secretaries may terminate the agreement under

which the program operates after providing notice to Congress in

accordance with subsection (k)(2)(B)(v).’’.

(2) Such section is further amended—

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(A) in the heading, by striking ‘‘DEMONSTRATION PROJECT’’ and inserting ‘‘PROGRAM’’;

(B) by amending paragraph (2) of subsection (a) to read as

follows:

‘‘(2) PROGRAM.—The term ‘program’ means the program carried

out under this section.’’;

(C) by striking ‘‘DEMONSTRATION PROJECT’’ and ‘‘demonstration project’’ and ‘‘project’’ each place each appears and

inserting ‘‘PROGRAM’’, ‘‘program’’, and ‘‘program’’ respectively;

and

(D) by striking ‘‘DEMONSTRATION’’ in the heading of subsection (j)(1).

(3) Subsection (i)(4) of such section is amended to read as follows:

‘‘(4) CAP ON AMOUNT.—The maximum aggregate expenditures from the trust funds under this subsection pursuant to the

agreement entered into between the administering Secretaries

under subsection (b) for a fiscal year (before fiscal year 2006)

shall not exceed the amount agreed by the Secretaries to be the

amount that would have been expended from the trust funds on

beneficiaries who enroll in the program, had the program not

been established, plus the following: ‘‘(A) $35,000,000 for fiscal year 2002.

‘‘(B) $55,000,000 for fiscal year 2003.

‘‘(C) $75,000,000 for fiscal year 2004.

‘‘(D) $100,000,000 for fiscal year 2005.’’.

(d) AUTHORIZING PROGRAM EXPANSION AND MODIFICATIONS.— (1) Paragraph (2) of subsection (b) of such section 1896 is amended

to read as follows:

‘‘(2) LOCATION OF SITES.—Subject to subsection (k)(2)(B),

the program shall be conducted in any site that is designated

jointly by the administering Secretaries.’’.

(2) Subsection (d)(2) of such section is amended by inserting ‘‘,

or (subject to subsection (k)(2)(B)) such comparable requirements as

are included in the agreement under subsection (b)(1)(A)’’ after ‘‘the

following areas’’.

(3) Subsection (i) of such section is amended—

(A) in paragraph (2), by inserting ‘‘subject to paragraph

(4),’’ after ‘‘paragraph (1)’’; and

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

‘‘(4) MODIFICATION OF PAYMENT METHODOLOGY.—The administering Secretaries may, subject to subsection (k)(2)(B),

modify the payment methodology provided under paragraphs

(1) and (2) so long as the amount of the reimbursement provided to the Secretary of Defense fully reimburses the Department of Defense for its cost of providing services under the program but does not exceed an amount that is estimated to be

equivalent to the amount that otherwise would have been expended under this title for such services if provided other than

under the program (not including amounts described in paragraph (2)). Such limiting amount may be based for any site on

the amount that would be payable to Medicare+Choice organizations under part C for the area of the site or the amounts that

would be payable under parts A and B.’’.

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(e) CHANGE IN REPORTS.—Paragraph (2) of subsection (k) of

such section 1896 is amended to read as follows:

‘‘(2) REPORTS ON PROGRAM OPERATION AND CHANGES.— ‘‘(A) ANNUAL REPORT.—The administering Secretaries

shall submit to the Committees on Armed Services and Finance of the Senate and the Committees on Armed Services

and Ways and Means of the House of Representatives an

annual report on the program and its impact on costs and

the provision of health services under this title and title 10,

United States Code.

‘‘(B) BEFORE MAKING CERTAIN PROGRAM CHANGES.— The administering Secretaries shall submit to such Committees a report at least 60 days before—

‘‘(i) changing the designation of a site under subsection (b)(2);

‘‘(ii) applying comparable requirements under subsection (d)(2);

‘‘(iii) making significant changes in payment methodology or amounts under subsection (i)(4);

‘‘(iv) making other significant changes in the operation of the program; or

‘‘(v) terminating the agreement under the second

sentence of subsection (b)(4).

‘‘(C) EXPLANATION.—Each report under subparagraph

(B) shall include justifications for the changes or termination to which the report refers.’’.

(f) CONDITIONAL EFFECTIVE DATE.—(1) Upon negotiating an

agreement under the amendment made by subsection (c)(1), the Secretary of Defense and the Secretary of Health and Human Services

shall jointly transmit a notification of the proposed agreement to the

Committee on Armed Services and the Committee on Finance of the

Senate and the Committee on Armed Services and the Committee on

Ways and Means of the House of Representatives, and shall include

with the transmittal a copy of the proposed agreement and all related agreements and supporting documents.

(2) Such proposed agreement shall take effect, and the amendments made by subsections (c)(2), (c)(3), (d), and (e) shall take effect,

on such date as is provided for in such agreement and in an Act

enacted after the date of the enactment of this Act.

SEC. 713. ACCRUAL FUNDING FOR HEALTH CARE FOR MEDICARE-ELIGIBLE RETIREES AND DEPENDENTS.

(a) ESTABLISHMENT OF FUND.—(1) Part II of subtitle A of title

10, United States Code, is amended by inserting after chapter 55

the following new chapter:

‘‘CHAPTER 56—DEPARTMENT OF DEFENSE MEDICAREELIGIBLE RETIREE 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.

‘‘1116. Payments into the Fund.

‘‘1117. Investment of assets of Fund.

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‘‘§ 1111. Establishment and purpose of Fund; definitions

‘‘(a) There is established on the books of the Treasury a fund

to be known as the Department of Defense Medicare-Eligible Retiree

Health Care Fund (hereinafter in this chapter referred to as the

‘‘Fund’’), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order

to finance on an actuarially sound basis liabilities of the Department of Defense under Department of Defense retiree health care

programs for medicare-eligible beneficiaries.

‘‘(b) In this chapter:

‘‘(1) The term ‘Department of Defense retiree health care

programs for medicare-eligible beneficiaries’ means the provisions of this title or any other provision of law creating entitlement to health care for a medicare-eligible member or former

member of the uniformed services entitled to retired or retainer

pay, or a medicare-eligible dependent of a member or former

member of the uniformed services entitled to retired or retainer

pay.

‘‘(2) The term ‘medicare-eligible’ means entitled to benefits

under part A of title XVIII of the Social Security Act (42 U.S.C.

1395c et seq.).

‘‘(3) The term ‘dependent’ means a dependent (as such term

is defined in section 1072 of this title) described in section

1076(b)(1) of this title.

‘‘§ 1112. Assets of Fund

‘‘There shall be deposited into the Fund the following, which

shall constitute the assets of the Fund:

‘‘(1) Amounts paid into the Fund under section 1116 of this

title.

‘‘(2) Any amount appropriated to the Fund.

‘‘(3) Any return on investment of the assets of the Fund.

‘‘§ 1113. Payments from the Fund

‘‘(a) There shall be paid from the Fund amounts payable for Department of Defense retiree health care programs for medicare-eligible beneficiaries.

‘‘(b) The assets of the Fund are hereby made available for payments under subsection (a).

‘‘§ 1114. Board of Actuaries

‘‘(a)(1) There is established in the Department of Defense a Department of Defense Medicare-Eligible Retiree Health Care Board of

Actuaries (hereinafter in this chapter referred to as the ‘‘Board’’).

The Board shall consist of three members who shall be appointed

by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.

‘‘(2)(A) Except as provided in subparagraph (B), the members of

the Board shall serve for a term of 15 years, except that a member

of the Board appointed to fill a vacancy occurring before the end of

the term for which his predecessor was appointed shall only serve

until the end of such term. A member may serve after the end of his

term until his successor has taken office. A member of the Board

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ure to perform functions vested in the Board, and for no other reason.

‘‘(B) Of the members of the Board who are first appointed under

this paragraph, one each shall be appointed for terms ending five,

ten, and 15 years, respectively, after the date of appointment, as designated by the Secretary of Defense at the time of appointment.

‘‘(3) A member of the Board who is not otherwise an employee

of the United States is entitled to receive pay at the daily equivalent

of the annual rate of basic pay of the highest rate of basic pay under

the General Schedule of subchapter III of chapter 53 of title 5, for

each day the member is engaged in the performance of duties vested

in the Board, and is entitled to travel expenses, including a per

diem allowance, in accordance with section 5703 of title 5.

‘‘(b) The Board shall report to the Secretary of Defense annually

on the actuarial status of the Fund and shall furnish its advice and

opinion on matters referred to it by the Secretary.

‘‘(c) The Board shall review valuations of the Fund under section 1115(c) of this title and shall report periodically, not less than

once every four years, to the President and Congress on the status

of the Fund. The Board shall include in such reports recommendations for such changes as in the Board’s judgment are necessary to

protect the public interest and maintain the Fund on a sound actuarial basis.

‘‘§ 1115. Determination of contributions to the Fund

‘‘(a) The Board shall determine the amount that is the present

value (as of October 1, 2002) of future benefits payable from the

Fund that are attributable to service in the uniformed services performed before October 1, 2002. That amount is the original unfunded liability of the Fund. The Board shall determine the period

of time over which the original unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the

Fund for the liquidation of the original unfunded liability in accordance with such schedule shall be made as provided in section

1116(b) of this title.

‘‘(b)(1) The Secretary of Defense shall determine each year, in

sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions

to be made to the Fund during that fiscal year under section

1116(a) of this title. That amount shall be the sum of the following:

‘‘(A) The product of—

‘‘(i) the current estimate of the value of the single level

dollar amount to be determined under subsection (c)(1)(A)

at the time of the next actuarial valuation under subsection

(c); and

‘‘(ii) the expected average force strength during that fiscal year for members of the uniformed services on active

duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard

duty for training only).

‘‘(B) The product of—

‘‘(i) the current estimate of the value of the single level

dollar amount to be determined under subsection (c)(1)(B)

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at the time of the next actuarial valuation under subsection

(c); and

‘‘(ii) the expected average force strength during that fiscal year for members of the Ready Reserve of the uniformed

services other than members on full-time National Guard

duty other than for training) who are not otherwise described in subparagraph (A)(ii).

‘‘(2) The amount determined under paragraph (1) for any fiscal

year is the amount needed to be appropriated to the Department of

Defense for that fiscal year for payments to be made to the Fund

during that year under section 1116(a) of this title. The President

shall include not less than the full amount so determined in the

budget transmitted to Congress for that fiscal year under section

1105 of title 31. The President may comment and make recommendations concerning any such amount.

‘‘(c)(1) Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of the Fund. Each such

actuarial valuation shall include—

‘‘(A) a determination (using the aggregate entry-age normal

cost method) of a single level dollar amount for members of the

uniformed services on active duty (other than active duty for

training) or full-time National Guard duty (other than full-time

National Guard duty for training only); and

‘‘(B) a determination (using the aggregate entry-age normal

cost method) of a single level dollar amount for members of the

Ready Reserve of the uniformed services and other than members on full-time National Guard duty other than for training)

who are not otherwise described by subparagraph (A).

Such single level dollar amounts shall be used for the purposes of

subsection (b) and section 1116(a) of this title.

‘‘(2) If at the time of any such valuation there has been a

change in benefits under the Department of Defense retiree health

care programs for medicare-eligible beneficiaries that has been

made since the last such valuation and such change in benefits increases or decreases the present value of amounts payable from the

Fund, the Secretary of Defense shall determine an amortization

methodology and schedule for the amortization of the cumulative

unfunded liability (or actuarial gain to the Fund) created by such

change and any previous such changes so that the present value of

the sum of the amortization payments (or reductions in payments

that would otherwise be made) equals the cumulative increase (or

decrease) in the present value of such amounts.

‘‘(3) If at the time of any such valuation the Secretary of Defense

determines that, based upon changes in actuarial assumptions since

the last valuation, there has been an actuarial gain or loss to the

Fund, the Secretary shall determine an amortization methodology

and schedule for the amortization of the cumulative gain or loss to

the Fund created by such change in assumptions and any previous

such changes in assumptions through an increase or decrease in the

payments that would otherwise be made to the Fund.

‘‘(4) If at the time of any such valuation the Secretary of Defense

determines that, based upon the Fund’s actuarial experience (other

than resulting from changes in benefits or actuarial assumptions)

since the last valuation, there has been an actuarial gain or loss to

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the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or

loss to the Fund created by such actuarial experience and any previous actuarial experience through an increase or decrease in the

payments that would otherwise be made to the Fund.

‘‘(5) Contributions to the Fund in accordance with amortization

schedules under paragraphs (2), (3), and (4) shall be made as provided in section 1116(b) of this title.

‘‘(d) All determinations under this section shall be made using

methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and medical inflation) and in

accordance with generally accepted actuarial principles and practices.

‘‘(e) The Secretary of Defense shall provide for the keeping of

such records as are necessary for determining the actuarial status

of the Fund.

‘‘§ 1116. Payments into the Fund

‘‘(a) The Secretary of Defense shall pay into the Fund at the end

of each month as the Department of Defense contribution to the

Fund for that month the amount that is the sum of the following:

‘‘(1) The product of—

‘‘(A) the monthly dollar amount determined using all

the methods and assumptions approved for the most recent

(as of the first day of the current fiscal year) actuarial valuation under section 1115(c)(1)(A) of this title (except that

any statutory change in the Department of Defense retiree

health care programs for medicare-eligible beneficiaries

that is effective after the date of that valuation and on or

before the first day of the current fiscal year shall be used

in such determination); and

‘‘(B) the total end strength for that month for members

of the uniformed services on active duty (other than active

duty for training) and full-time National Guard duty (other

than full-time National Guard duty for training only).

‘‘(2) The product of—

‘‘(A) the level monthly dollar amount determined using

all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial

valuation under section 1115(c)(1)(B) of this title (except

that any statutory change in the Department of Defense retiree health care programs for medicare-eligible beneficiaries that is effective after the date of that valuation and

on or before the first day of the current fiscal year shall be

used in such determination); and

‘‘(B) the total end strength for that month for members

of the Ready Reserve of the uniformed services other than

members on full-time National Guard duty other than for

training) who are not otherwise described in paragraph

(1)(B). Amounts paid into the Fund under this subsection

shall be paid from funds available for the Defense Health

Program.

‘‘(b)(1) At the beginning of each fiscal year the Secretary of the

Treasury shall promptly pay into the Fund from the General Fund

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of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the

contribution to the Fund for that fiscal year required by sections

1115(a) and 1115(c) of this title.

‘‘(2) At the beginning of each fiscal year the Secretary of Defense

shall determine the sum of the following:

‘‘(A) The amount of the payment for that year under the

amortization schedule determined by the Board of Actuaries

under section 1115(a) of this title for the amortization of the

original unfunded liability of the Fund.

‘‘(B) The amount (including any negative amount) for that

year under the most recent amortization schedule determined by

the Secretary of Defense under section 1115(c)(2) of this title for

the amortization of any cumulative unfunded liability (or any

gain) to the Fund resulting from changes in benefits.

‘‘(C) The amount (including any negative amount) for that

year under the most recent amortization schedule determined by

the Secretary of Defense under section 1115(c)(3) of this title for

the amortization of any cumulative actuarial gain or loss to the

Fund resulting from actuarial assumption changes.

‘‘(D) The amount (including any negative amount) for that

year under the most recent amortization schedule determined by

the Secretary of Defense under section 111(c)(4) of this title for

the amortization of any cumulative actuarial gain or loss to the

Fund resulting from actuarial experience.

‘‘(3) The Secretary of Defense shall promptly certify the amount

determined under paragraph (2) each year to the Secretary of the

Treasury.

‘‘§ 1117. Investment of assets of Fund

‘‘The Secretary of the Treasury shall invest such portion of the

Fund as is not in the judgment of the Secretary of Defense required

to meet current withdrawals. Such investments shall be in public

debt securities with maturities suitable to the needs of the Fund, as

determined by the Secretary of Defense, and bearing interest at rates

determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations

of the United States of comparable maturities. The income on such

investments shall be credited to and form a part of the Fund.’’.

(2) The tables of chapters at the beginning of subtitle A, and at

the beginning of part II of subtitle A, of title 10, United States Code,

are amended by inserting after the item relating to chapter 55 the

following new item:

‘‘56. Department of Defense Medicare-Eligible Retiree Health Care Fund ........ 1111.’’.

(b) DELAYED EFFECTIVE DATES FOR CERTAIN PROVISIONS.—(1)

Sections 1113 and 1116 of title 10, United States Code (as added

by subsection (a)), shall take effect on October 1, 2002.

(2) Section 1115 of such title (as added by such subsection)

shall take effect on October 1, 2001.

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Subtitle C—TRICARE Program

SEC. 721. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE

TRICARE PROGRAM.

(a) WAIVER OF NONAVAILABILITY STATEMENT OR

PREAUTHORIZATION.—In the case of a covered beneficiary under

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

TRICARE Standard, the Secretary of Defense may not require with

regard to authorized health care services (other than mental health

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

services under such chapter that the beneficiary—

(1) obtain a nonavailability statement or preauthorization

from a military medical treatment facility in order to receive

the services from a civilian provider; or

(2) obtain a nonavailability statement for care in specialized treatment facilities outside the 200-mile radius of a military medical treatment facility.

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

health care received from a civilian provider or in a specialized

treatment facility.

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

(1) the Secretary demonstrates significant costs would be

avoided by performing specific procedures at the affected military medical treatment facilities;

(2) the Secretary determines that a specific procedure must

be provided at the affected military medical treatment facility

to ensure the proficiency levels of the practitioners at the facility; or

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

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

1, 2001.

SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE PROGRAM IN THE CONTINENTAL UNITED STATES.

(a) COVERAGE OF OTHER UNIFORMED SERVICES.—(1) Section

1074(c) of title 10, United States Code, is amended—

(A) by striking ‘‘armed forces’’ each place it appears, except

in paragraph (3)(A), and inserting ‘‘uniformed services’’;

(B) in paragraph (1), by inserting after ‘‘military department’’ in the first sentence the following: ‘‘, the Department of

Transportation (with respect to the Coast Guard when it is not

operating as a service in the Navy), or the Department of

Health and Human Services (with respect to the National Oceanic and Atmospheric Administration and the Public Health

Service)’’;

(C) in paragraph (2), by adding at the end the following:

‘‘(C) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this paragraph.’’;

and

(D) in paragraph (3)(A), by striking ‘‘The Secretary of Defense may not require a member of the armed forces described

in subparagraph (B)’’ and inserting ‘‘A member of the uniVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00226 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.080 pfrm03 PsN: HR945
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formed services described in subparagraph (B) may not be required’’.

(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law

105–85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended by striking ‘‘Armed Forces’’ and inserting ‘‘uniformed services’’.

(B) Subsection (b) of such section is further amended by adding

at the end the following:

‘‘(4) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.’’.

(C) Subsection (f) of such section is amended by adding at the

end the following:

‘‘(3) The terms ‘uniformed services’ and ‘administering Secretaries’ have the meanings given those terms in section 1072 of

title 10, United States Code.’’.

(3) Section 706(b) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 684) is amended

by striking ‘‘Armed Forces’’ and inserting ‘‘uniformed services (as

defined in section 1072(1) of title 10, United States Code)’’.

(b) COVERAGE OF IMMEDIATE FAMILY.—(1) Section 1079 of title

10, United States Code, is amended by adding at the end the following:

‘‘(p)(1) Subject to such exceptions as the Secretary of Defense

considers necessary, coverage for medical care under this section for

the dependents referred to in subsection (a) of a member of the uniformed services referred to in section 1074(c)(3) of this title who are

residing with the member, and standards with respect to timely access to such care, shall be comparable to coverage for medical care

and standards for timely access to such care under the managed

care option of the TRICARE program known as TRICARE Prime.

‘‘(2) The Secretary of Defense shall enter into arrangements

with contractors under the TRICARE program or with other appropriate contractors for the timely and efficient processing of claims

under this subsection.

‘‘(3) The Secretary of Defense shall consult with the other administering Secretaries in the administration of this subsection.’’.

(2) Section 731(b) of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1811; 10 U.S.C.

1074 note) is amended—

(A) in paragraph (1), by adding at the end the following:

‘‘A dependent of the member, as described in subparagraph (A),

(D), or (I) of section 1072(2) of title 10, United States Code, who

is residing with the member shall have the same entitlement to

care and to waiver of charges as the member.’’; and

(B) in paragraph (2), by inserting ‘‘or dependent of the

member, as the case may be,’’ after ‘‘(2) A member’’.

(c) EFFECTIVE DATES; APPLICABILITY.—(1) The amendments

made by subsections (a)(1) and (b)(1) shall take effect on October 1,

2001.

(2) The amendments made by subsection (a)(2), with respect to

members of the uniformed services, and the amendments made by

subsection (b)(2), with respect to dependents of members, shall take

effect on the date of the enactment of this Act and shall expire with

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respect to a member or the dependents of a member, respectively, on

the later of the following:

(A) The date that is one year after the date of the enactment

of this Act.

(B) The date on which the policies required by the amendments made by subsection (a)(1) or (b)(1) are implemented with

respect to the coverage of medical care for and provision of such

care to the member or dependents, respectively.

(3) Section 731(b)(3) of Public Law 105–85 does not apply to a

member of the Coast Guard, the National Oceanic and Atmospheric

Administration, or the Commissioned Corps of the Public Health

Service, or to a dependent of a member of a uniformed service.

SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND INCREASE OF USE OF MILITARY TREATMENT FACILITIES.

(a) REQUIREMENT TO IMPLEMENT INTERNET-BASED SYSTEM.— Not later than October 1, 2001, the Secretary of Defense shall implement a system to simplify and make accessible through the use of

the Internet, through commercially available systems and products,

critical administrative processes within the military health care system and the TRICARE program. The purposes of the system shall

be to enhance efficiency, improve service, and achieve commercially

recognized standards of performance.

(b) ELEMENTS OF SYSTEM.—The system required by subsection

(a)—

(1) shall comply with patient confidentiality and security

requirements, and incorporate data requirements, that are currently widely used by insurers under medicare and commercial

insurers;

(2) shall be designed to achieve improvements with respect

to—

(A) the availability and scheduling of appointments;

(B) the filing, processing, and payment of claims;

(C) marketing and information initiatives;

(D) the continuation of enrollments without expiration;

(E) the portability of enrollments nationwide;

(F) education of beneficiaries regarding the military

health care system and the TRICARE program; and

(G) education of health care providers regarding such

system and program; and

(3) may be implemented through a contractor under

TRICARE Prime.

(c) AREAS OF IMPLEMENTATION.—The Secretary shall implement

the system required by subsection (a) in at least one region under

the TRICARE program.

(d) PLAN FOR IMPROVED PORTABILITY OF BENEFITS.—Not later

than March 15, 2001, the Secretary of Defense shall submit to the

Committees on Armed Services of the Senate and the House of Representatives a plan to provide portability and reciprocity of benefits

for all enrollees under the TRICARE program throughout all

TRICARE regions.

(e) INCREASE OF USE OF MILITARY MEDICAL TREATMENT FACILITIES.—The Secretary shall initiate a program to maximize the

use of military medical treatment facilities by improving the efficiency of health care operations in such facilities.

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(f) DEFINITION.—In this section the term ‘‘TRICARE program’’

has the meaning given such term in section 1072 of title 10, United

States Code.

SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.

(a) AUTHORITY.—Notwithstanding any other provision of law

and subject to subsection (b), any TRICARE managed care support

contract in effect, or in the final stages of acquisition, on September

30, 1999, may be extended for four years.

(b) CONDITIONS.—Any extension of a contract under subsection

(a)—

(1) may be made only if the Secretary of Defense determines

that it is in the best interest of the United States to do so; and

(2) shall be based on the price in the final best and final

offer for the last year of the existing contract as adjusted for inflation and other factors mutually agreed to by the contractor

and the Federal Government.

SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS SEEKING DIRECT REIMBURSEMENT FROM MEMBERS OF THE UNIFORMED SERVICES.

Not later than January 31, 2001, the Secretary of Defense shall

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

House of Representatives a report recommending practices to discourage or prohibit health care providers under the TRICARE program, and individuals or entities working on behalf of such providers, from seeking direct reimbursement from members of the uniformed services or their dependents for health care received by such

members or dependents.

SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE RETIREE DENTAL PROGRAM.

(a) PROCEDURES.—Section 1076c of title 10, United States Code,

is amended—

(1) by redesignating subsection (i) as subsection (j); and

(2) by inserting after subsection (h) the following new subsection (i):

‘‘(i) VOLUNTARY DISENROLLMENT.—(1) With respect to enrollment in the dental insurance plan established under subsection (a),

the Secretary of Defense—

‘‘(A) shall allow for a period of up to 30 days at the beginning of the prescribed minimum enrollment period during

which an enrollee may disenroll; and

‘‘(B) shall provide for limited circumstances under which

disenrollment shall be permitted during the prescribed enrollment period, without jeopardizing the fiscal integrity of the dental program.

‘‘(2) The circumstances described in paragraph (1)(B) shall

include—

‘‘(A) a case in which a retired member, surviving spouse, or

dependent of a retired member who is also a Federal employee

is assigned to a location outside the jurisdiction of the dental

insurance plan established under subsection (a) that prevents

utilization of dental benefits under the plan;

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‘‘(B) a case in which a retired member, surviving spouse, or

dependent of a retired member is prevented by a serious medical condition from being able to obtain benefits under the plan;

‘‘(C) a case in which severe financial hardship would result;

and

‘‘(D) any other circumstances which the Secretary considers

appropriate.

‘‘(3) The Secretary shall establish procedures for timely decisions on requests for disenrollment under this section and for appeal to the TRICARE Management Activity of adverse decisions.’’

(b) CLARIFYING AMENDMENT.—The heading for subsection (f) is

amended by striking ‘‘TERMINATION’’ and inserting ‘‘REQUIRED TERMINATIONS’’.

SEC. 727. CLAIMS PROCESSING IMPROVEMENTS.

Beginning on the date of the enactment of this Act, the Secretary of Defense shall, to the maximum extent practicable, take all

necessary actions to implement the following improvements with respect to processing of claims under the TRICARE program:

(1) Use of the TRICARE encounter data information system

rather than the health care service record in maintaining information on covered beneficiaries under chapter 55 of title 10,

United States Code.

(2) Elimination of all delays in payment of claims to health

care providers that may result from the development of the

health care service record or TRICARE encounter data information.

(3) Requiring all health care providers under the TRICARE

program that the Secretary determines are high-volume providers to submit claims electronically.

(4) Processing 50 percent of all claims by health care providers and institutions under the TRICARE program by electronic means.

(5) Authorizing managed care support contractors under

the TRICARE program to require providers to access information on the status of claims through the use of telephone automated voice response units.

SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND

NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.

(a) PROHIBITION REGARDING PRIOR AUTHORIZATION FOR REFERRALS.—(1) Chapter 55 of title 10, United States Code, is amended

by inserting after section 1095e the following new section:

‘‘§ 1095f. TRICARE program: referrals for specialty health

care

‘‘The Secretary of Defense shall ensure that no contract for managed care support under the TRICARE program includes any requirement that a managed care support contractor require a primary care or specialty care provider to obtain prior authorization

before referring a patient to a specialty care provider that is part

of the network of health care providers or institutions of the contractor.’’.

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

amended by inserting after the item relating to section 1095e the following new item:

‘‘1095f. TRICARE program: referrals for specialty health care.’’.

(b) REPORT.—Not later than February 1, 2001, the Comptroller

General shall submit to Congress a report on the financial and

management implications of eliminating the requirement to obtain

nonavailability-of-health-care statements under section 1080 of title

10, United States Code.

(c) EFFECTIVE DATE.—Section 1095f of title 10, United States

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

TRICARE managed care support contract entered into by the Department of Defense after the date of the enactment of this Act.

Subtitle D—Demonstration Projects

SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL HEALTH COUNSELORS.

(a) REQUIREMENT TO CONDUCT DEMONSTRATION PROJECT.—

The Secretary of Defense shall conduct a demonstration project

under which licensed and certified professional mental health counselors who meet eligibility requirements for participation as providers under the Civilian Health and Medical Program of the Uniformed Services (hereafter in this section referred to as

‘‘CHAMPUS’’) or the TRICARE program may provide services to

covered beneficiaries under chapter 55 of title 10, United States

Code, without referral by physicians or adherence to supervision requirements.

(b) DURATION AND LOCATION OF PROJECT.—The Secretary shall

conduct the demonstration project required by subsection (a)—

(1) during the 2-year period beginning October 1, 2001; and

(2) in one established TRICARE region.

(c) REGULATIONS.—The Secretary shall prescribe regulations regarding participation in the demonstration project required by subsection (a).

(d) PLAN FOR PROJECT.—Not later than March 31, 2001, the

Secretary shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a plan to carry out the

demonstration project. The plan shall include, but not be limited to,

a description of the following:

(1) The TRICARE region in which the project will be conducted.

(2) The estimated funds required to carry out the demonstration project.

(3) The criteria for determining which professional mental

health counselors will be authorized to participate under the

demonstration project.

(4) The plan of action, including critical milestone dates,

for carrying out the demonstration project.

(e) REPORT.—Not later than February 1, 2003, the Secretary

shall submit to Congress a report on the demonstration project carried out under this section. The report shall include the following:

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(1) A description of the extent to which expenditures for reimbursement of licensed or certified professional mental health

counselors change as a result of allowing the independent practice of such counselors.

(2) Data on utilization and reimbursement regarding nonphysician mental health professionals other than licensed or

certified professional mental health counselors under

CHAMPUS and the TRICARE program.

(3) Data on utilization and reimbursement regarding physicians who make referrals to, and supervise, mental health counselors.

(4) A description of the administrative costs incurred as a

result of the requirement for documentation of referral to mental health counselors and supervision activities for such counselors.

(5) For each of the categories described in paragraphs (1)

through (4), a comparison of data for a 1-year period for the

area in which the demonstration project is being implemented

with corresponding data for a similar area in which the demonstration project is not being implemented.

(6) A description of the ways in which allowing for independent reimbursement of licensed or certified professional

mental health counselors affects the confidentiality of mental

health and substance abuse services for covered beneficiaries

under CHAMPUS and the TRICARE program.

(7) A description of the effect, if any, of changing reimbursement policies on the health and treatment of covered beneficiaries under CHAMPUS and the TRICARE program, including a comparison of the treatment outcomes of covered beneficiaries who receive mental health services from licensed or certified professional mental health counselors acting under physician referral and supervision, other non-physician mental

health providers recognized under CHAMPUS and the

TRICARE program, and physicians, with treatment outcomes

under the demonstration project allowing independent practice

of professional counselors on the same basis as other non-physician mental health providers.

(8) The effect of policies of the Department of Defense on the

willingness of licensed or certified professional mental health

counselors to participate as health care providers in CHAMPUS

and the TRICARE program.

(9) Any policy requests or recommendations regarding mental health counselors made by health care plans and managed

care organizations participating in CHAMPUS or the

TRICARE program.

SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT.

(a) AUTHORITY TO CONDUCT PROJECT.—(1) The Secretary of Defense may conduct a demonstration project for the purposes of increasing efficiency of operations with respect to teleradiology at military medical treatment facilities, supporting remote clinics, and increasing coordination with respect to teleradiology between such facilities and clinics. Under the project, a military medical treatment

facility and each clinic supported by such facility shall be linked by

a digital radiology network through which digital radiology X-rays

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may be sent electronically from clinics to the military medical treatment facility.

(2) The demonstration project may be conducted at several

multispecialty tertiary-care military medical treatment facilities affiliated with a university medical school. One of such facilities shall

be supported by at least 5 geographically dispersed remote clinics of

the Departments of the Army, Navy, and Air Force, and clinics of

the Department of Veterans Affairs and the Coast Guard. Another

of such facilities shall be in an underserved rural geographic region

served under established telemedicine contracts between the Department of Defense, the Department of Veterans Affairs, and a local

university.

(b) DURATION OF PROJECT.—The Secretary shall conduct the

project during the 2-year period beginning on the date of the enactment of this Act.

SEC. 733. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.

(a) ESTABLISHMENT.—The Secretary of Defense shall carry out

a demonstration program on health care management to explore opportunities for improving the planning, programming, budgeting

systems, and management of the Department of Defense health care

system.

(b) TEST MODELS.—Under the demonstration program, the Secretary shall test the use of the following planning and management

models:

(1) A health care simulation model for studying alternative

delivery policies, processes, organizations, and technologies.

(2) A health care simulation model for studying long term

disease management.

(c) DEMONSTRATION SITES.—The Secretary shall test each

model separately at one or more sites.

(d) PERIOD FOR PROGRAM.—The demonstration program shall

begin not later than 180 days after the date of the enactment of this

Act and shall terminate on December 31, 2001.

(e) REPORTS.—The Secretary of Defense shall submit a report

on the demonstration program to the Committees on Armed Services

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

15, 2002. The report shall include the Secretary’s assessment of the

value of incorporating the use of the tested planning and management models throughout the planning, programming, budgeting systems, and management of the Department of Defense health care

system.

(f) FUNDING.—Of the amount authorized to be appropriated under section 301(22), $6,000,000 shall be available for the demonstration program under this section.

Subtitle E—Joint Initiatives With

Department of Veterans Affairs

SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES.

(a) PRIMACY OF SHARING AGREEMENTS.—The Secretary of Defense shall—

(1) give full force and effect to any agreement into which

the Secretary or the Secretary of a military department entered

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under section 8111 of title 38, United States Code, or under section 1535 of title 31, United States Code, which was in effect

on September 30, 1999; and

(2) ensure that the Secretary of the military department

concerned directly reimburses the Secretary of Veterans Affairs

for any services or resources provided under such agreement in

accordance with the terms of such agreement, including terms

providing for reimbursement from funds available for that military department.

(b) MODIFICATION OR TERMINATION.—Any agreement described

in subsection (a) shall remain in effect in accordance with such subsection unless, during the 12-month period following the date of the

enactment of this Act, such agreement is modified or terminated in

accordance with the terms of such agreement.

SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE SYSTEMS.

(a) ERROR TRACKING PROCESS.—The Secretary of Defense shall

implement a centralized process for reporting, compilation, and

analysis of errors in the provision of health care under the defense

health program that endanger patients beyond the normal risks associated with the care and treatment of such patients. To the extent

practicable, that process shall emulate the system established by the

Secretary of Veterans Affairs for reporting, compilation, and analysis of errors in the provision of health care under the Department

of Veterans Affairs health care system that endanger patients beyond such risks.

(b) SHARING OF INFORMATION.—The Secretary of Defense and

the Secretary of Veterans Affairs—

(1) shall share information regarding the designs of systems or protocols established to reduce errors in the provision

of health care described in subsection (a); and

(2) shall develop such protocols as the Secretaries consider

necessary for the establishment and administration of effective

processes for the reporting, compilation, and analysis of such

errors.

SEC. 743. COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.

The Secretary of Defense and the Secretary of Veterans Affairs

shall cooperate in developing systems for the use of bar codes for the

identification of pharmaceuticals in the health care programs of the

Department of Defense and the Department of Veterans Affairs. In

any case in which a common pharmaceutical is used in such programs, the bar codes for those pharmaceuticals shall, to the maximum extent practicable, be identical.

Subtitle F—Other Matters

SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PROGRAM.

(a) SYSTEM AND PROCEDURES FOR TRACKING SEPARATIONS.—(1)

Chapter 59 of title 10, United States Code, is amended by adding

at the end the following new section:

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‘‘§ 1178. System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program

‘‘(a) REQUIREMENT TO ESTABLISH SYSTEM.—The Secretary of

each military department shall establish a system for tracking, recording, and reporting separations of members of the armed forces

under the Secretary’s jurisdiction that result from procedures initiated as a result of a refusal to participate in the anthrax vaccine

immunization program.

‘‘(b) REPORT.—The Secretary of Defense shall consolidate the information recorded under the system described in subsection (a) and

shall submit to the Committees on Armed Services of the Senate and

the House of Representatives not later than April 1 of each year a

report on such information. Each such report shall include a description of—

‘‘(1) the number of members separated, categorized by military department, grade, and active-duty or reserve status; and

‘‘(2) any other information determined appropriate by the

Secretary.’’.

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

amended by adding at the end the following new item:

‘‘1178. System and procedures for tracking separations resulting from refusal to participate in anthrax vaccine immunization program.’’.

(b) PROCEDURES FOR EXEMPTIONS; MONITORING ADVERSE RE- ACTIONS.—(1) Chapter 55 of such title is amended by adding at the

end the following new section:

‘‘§ 1110. Anthrax vaccine immunization program; procedures

for exemptions and monitoring reactions

‘‘(a) PROCEDURES FOR MEDICAL AND ADMINISTRATIVE EXEMP- TIONS.—(1) The Secretary of Defense shall establish uniform procedures under which members of the armed forces may be exempted

from participating in the anthrax vaccine immunization program

for either administrative or medical reasons.

‘‘(2) The Secretaries of the military departments shall provide

for notification of all members of the armed forces of the procedures

established pursuant to paragraph (1).

‘‘(b) SYSTEM FOR MONITORING ADVERSE REACTIONS.—(1) The

Secretary shall establish a system for monitoring adverse reactions

of members of the armed forces to the anthrax vaccine. That system

shall include the following:

‘‘(A) Independent review of Vaccine Adverse Event Reporting System reports.

‘‘(B) Periodic surveys of personnel to whom the vaccine is

administered.

‘‘(C) A continuing longitudinal study of a pre-identified

group of members of the armed forces (including men and

women and members from all services).

‘‘(D) Active surveillance of a sample of members to whom

the anthrax vaccine has been administered that is sufficient to

identify, at the earliest opportunity, any patterns of adverse reactions, the discovery of which might be delayed by reliance

solely on the Vaccine Adverse Event Reporting System.

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‘‘(2) The Secretary may extend or expand any ongoing or

planned study or analysis of trends in adverse reactions of members

of the armed forces to the anthrax vaccine in order to meet any of

the requirements in paragraph (1).

‘‘(3) The Secretary shall establish guidelines under which members of the armed forces who are determined by an independent expert panel to be experiencing unexplained adverse reactions may obtain access to a Department of Defense Center of Excellence treatment facility for expedited treatment and follow up.’’.

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

amended by adding at the end the following new item:

‘‘1110. Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions.’’.

(c) EMERGENCY ESSENTIAL EMPLOYEES.—(1) Chapter 81 of such

title is amended by inserting after section 1580 the following new

section:

‘‘§ 1580a. Emergency essential employees: notification of required participation in anthrax vaccine immunization program

‘‘The Secretary of Defense shall—

‘‘(1) prescribe regulations for the purpose of ensuring that

any civilian employee of the Department of Defense who is determined to be an emergency essential employee and who is required to participate in the anthrax vaccine immunization program is notified of the requirement to participate in the program and the consequences of a decision not to participate; and

‘‘(2) ensure that any individual who is being considered for

a position as such an employee is notified of the obligation to

participate in the program before being offered employment in

such position.’’.

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

amended by inserting after the item relating to section 1580 the following new item:

‘‘1580a. Emergency essential employees: notification of required participation in anthrax vaccine immunization program.’’.

(d) COMPTROLLER GENERAL REPORT.—(1) Not later than April

1, 2002, the Comptroller General shall submit to the Committees on

Armed Services of the Senate and the House of Representatives a report on the effect of the Department of Defense anthrax vaccine immunization program on the recruitment and retention of active duty

and reserve military personnel and civilian personnel of the Department of Defense. The study shall cover the period beginning on the

date of the enactment of this Act and ending on December 31, 2001.

(2) The Comptroller General shall include in the report required

by paragraph (1) a description of any personnel actions (including

transfer, termination, or reassignment of any personnel) taken as a

result of the refusal of any civilian employee of the Department of

Defense to participate in the anthrax vaccine immunization program.

(e) DEADLINES FOR ESTABLISHMENT AND IMPLEMENTATION.—

The Secretary of Defense shall—

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(1) not later than April 1, 2001, establish the uniform procedures for exemption from participation in the anthrax vaccine

immunization program of the Department of Defense required

under subsection (a) of section 1110 of title 10, United States

Code (as added by subsection (b));

(2) not later than July 1, 2001, establish the system for

monitoring adverse reactions of members of the Armed Forces

to the anthrax vaccine required under subsection (b)(1) of such

section;

(3) not later than April 1, 2001, establish the guidelines

under which members of the Armed Forces may obtain access

to a Department of Defense Center of Excellence treatment facility for expedited treatment and follow up required under subsection (b)(3) of such section; and

(4) not later than July 1, 2001, prescribe the regulations regarding emergency essential employees of the Department of Defense required under subsection (a) of section 1580a of such title

(as added by subsection(c)).

SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.

(a) NO COPAYMENT FOR IMMEDIATE FAMILY.—Section 1097a of

title 10, United States Code, is amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

‘‘(e) NO COPAYMENT FOR IMMEDIATE FAMILY.—No copayment

shall be charged a member for care provided under TRICARE

Prime to a dependent of a member of the uniformed services described in subparagraph (A), (D), or (I) of section 1072 of this title.’’.

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

shall take effect 180 days after the date of the enactment of this Act,

and shall apply with respect to care provided on or after that date.

SEC. 753. MEDICAL INFORMATICS.

(a) ADDITIONAL MATTERS FOR ANNUAL REPORT ON MEDICAL

INFORMATICS ADVISORY COMMITTEE.—Section 723(d)(5) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to read as

follows:

‘‘(5) The Secretary of Defense shall submit to Congress an annual report on medical informatics. The report shall include a discussion of the following matters:

‘‘(A) The activities of the Committee.

‘‘(B) The coordination of development, deployment, and

maintenance of health care informatics systems within the Federal Government, and between the Federal Government and the

private sector.

‘‘(C) The progress or growth occurring in medical

informatics.

‘‘(D) How the TRICARE program and the Department of

Veterans Affairs health care system can use the advancement of

knowledge in medical informatics to raise the standards of

health care and treatment and the expectations for improving

health care and treatment.’’.

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(b) LIMITATION ON FISCAL YEAR 2001 FUNDING FOR PHARMACEUTICALS-RELATED MEDICAL INFORMATICS.—Of the funds authorized to be appropriated under section 301(22), any amounts used for

pharmaceuticals-related informatics may be used only for the following:

(1) Commencement of the implementation of a new computerized medical record, including an automated entry order system for pharmaceuticals and an infrastructure network that is

compliant with the provisions enacted in the Health Insurance

Portability and Accountability Act of 1996 (Public Law 104–

191; 110 Stat. 1936), to make all relevant clinical information

on beneficiaries under the Defense Health Program available

when needed.

(2) An integrated pharmacy system under the Defense

Health Program that creates a single profile for all pharmaceuticals for such beneficiaries prescribed at military medical

treatment facilities or private pharmacies that are part of the

Department of Defense pharmacy network.

SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish a

patient care error reporting and management system.

(b) PURPOSES OF SYSTEM.—The purposes of the system are as

follows:

(1) To study the occurrences of errors in the patient care

provided under chapter 55 of title 10, United States Code.

(2) To identify the systemic factors that are associated with

such occurrences.

(3) To provide for action to be taken to correct the identified

systemic factors.

(c) REQUIREMENTS FOR SYSTEM.—The patient care error reporting and management system shall include the following:

(1) A hospital-level patient safety center, within the quality

assurance department of each health care organization of the

Department of Defense, to collect, assess, and report on the nature and frequency of errors related to patient care.

(2) For each health care organization of the Department of

Defense and for the entire Defense health program, patient safety standards that are necessary for the development of a full

understanding of patient safety issues in each such organization and the entire program, including the nature and types of

errors and the systemic causes of the errors.

(3) Establishment of a Department of Defense Patient Safety Center within the Armed Forces Institute of Pathology, which

shall have the following missions:

(A) To analyze information on patient care errors that

is submitted to the Center by each military health care organization.

(B) To develop action plans for addressing patterns of

patient care errors.

(C) To execute those action plans to mitigate and control errors in patient care with a goal of ensuring that the

health care organizations of the Department of Defense provide highly reliable patient care with virtually no error.

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(D) To provide, through the Assistant Secretary of Defense for Health Affairs, to the Agency for Healthcare Research and Quality of the Department of Health and

Human Services any reports that the Assistant Secretary

determines appropriate.

(E) To review and integrate processes for reducing errors associated with patient care and for enhancing patient

safety.

(F) To contract with a qualified and objective external

organization to manage the national patient safety database of the Department of Defense.

(d) MEDTEAMS PROGRAM.—The Secretary shall expand the

health care team coordination program to integrate that program

into all Department of Defense health care operations. In carrying

out this subsection, the Secretary shall take the following actions:

(1) Establish not less than two Centers of Excellence for the

development, validation, proliferation, and sustainment of the

health care team coordination program, one of which shall support all fixed military health care organizations, the other of

which shall support all combat casualty care organizations.

(2) Deploy the program to all fixed and combat casualty

care organizations of each of the Armed Forces, at the rate of

not less than 10 organizations in each fiscal year.

(3) Expand the scope of the health care team coordination

program from a focus on emergency department care to a coverage that includes care in all major medical specialties, at the

rate of not less than one specialty in each fiscal year.

(4) Continue research and development investments to improve communication, coordination, and team work in the provision of health care.

(e) CONSULTATION.—The Secretary shall consult with the other

administering Secretaries (as defined in section 1072(3) of title 10,

United States Code) in carrying out this section.

SEC. 755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY DETAILING RESERVE OFFICERS OF THE PUBLIC HEALTH

SERVICE.

(a) AUTHORITY.—The Secretary of the Army and the Secretary

of Health and Human Services may jointly conduct a program to

augment the Army Medical Department by exercising any authorities provided to those officials in law for the detailing of reserve

commissioned officers of the Public Health Service not in an active

status to the Army Medical Department for that purpose.

(b) AGREEMENT.—The Secretary of the Army and the Secretary

of Health and Human Services shall enter into an agreement governing any program conducted under subsection (a).

(c) ASSESSMENT.—(1) The Secretary of the Army shall review

the laws providing the authorities described in subsection (a) and

assess the adequacy of those laws for authorizing—

(A) the Secretary of Health and Human Services to detail

reserve commissioned officers of the Public Health Service not

in an active status to the Army Medical Department to augment

that department; and

(B) the Secretary of the Army to accept the detail of such

officers for that purpose.

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(2) The Secretary shall complete the review and assessment

under paragraph (1) not later than 90 days after the date of the enactment of this Act.

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

Secretary of the Army shall submit a report on the results of the review and assessment under subsection (c) to the Committees on

Armed Services of the Senate and the House of Representatives. The

report shall include the following:

(1) The findings resulting from the review and assessment.

(2) Any proposal for legislation that the Secretary recommends to strengthen the authority of the Secretary of Health

and Human Services and the authority of the Secretary of the

Army to take the actions described in subparagraphs (A) and

(B), respectively, of subsection (c)(1).

(e) CONSULTATION REQUIREMENT.—The Secretary of the Army

shall consult with the Secretary of Health and Human Services in

carrying out the review and assessment under subsection (c) and in

preparing the report (including making recommendations) under

subsection (d).

SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS.

(a) COMPREHENSIVE PLAN.—Not later than April 1, 2001, the

Secretary of Defense shall submit to Congress a comprehensive plan

to improve privacy protections for medical records maintained by

the Department of Defense. Such plan shall be consistent with the

regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–

191; 42 U.S.C. 1320d–2 note).

(b) INTERIM REGULATIONS.—(1) Notwithstanding any other provision of law, the Secretary shall prescribe interim regulations,

pending full implementation of the comprehensive plan described in

subsection (a), to improve privacy protections for medical records

maintained by the Department of Defense.

(2) The regulations prescribed under paragraph (1) shall provide maximum protections for privacy consistent with such actions

that the Secretary determines are necessary for purposes of national

security, law enforcement, patient treatment, public health reporting, accreditation and licensure review activities, external peer review and other quality assurance program activities, payment for

health care services, fraud and abuse prevention, judicial and administrative proceedings, research consistent with regulations on

Governmentwide protection of human subjects, Department of Veterans Affairs benefit programs, and any other purposes identified by

the Secretary for the responsible management of the military health

care system.

SEC. 757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED REIMBURSEMENT RATES; REPORTS.

(a) IN GENERAL.—Section 1079(h) of title 10, United States

Code, is amended by adding at the end the following new paragraph:

‘‘(5) To assure access to care for all covered beneficiaries, the

Secretary of Defense, in consultation with the other administering

Secretaries, shall designate specific rates for reimbursement for

services in certain localities if the Secretary determines that without

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payment of such rates access to health care services would be severely impaired. Such a determination shall be based on consideration of the number of providers in a locality who provide the services, the number of such providers who are CHAMPUS participating providers, the number of covered beneficiaries under

CHAMPUS in the locality, the availability of military providers in

the location or a nearby location, and any other factors determined

to be relevant by the Secretary.’’.

(b) REPORTS.—(1) Not later than March 31, 2001, the Secretary

of Defense shall submit to the Committees on Armed Services of the

Senate and the House of Representatives and the General Accounting Office a report on actions taken to carry out section 1079(h)(5)

of title 10, United States Code (as added by subsection (a)) and section 1097b of such title.

(2) Not later than May 1, 2001, the Comptroller General shall

submit to Congress a report analyzing the utility of—

(A) increased reimbursement authorities with respect to ensuring the availability of network providers and nonnetwork

providers under the TRICARE program to covered beneficiaries

under chapter 55 of such title; and

(B) requiring a reimbursement limitation of 70 percent of

usual and customary rates rather than 115 percent of maximum allowable charges under the Civilian Health and Medical

Program of the Uniformed Services.

(3)(A) Not later than 180 days after the date of the enactment

of this Act, the Secretary of Defense shall submit to the Committees

on Armed Services of the Senate and the House of Representatives

a report on the extent to which physicians are choosing not to participate in contracts for the furnishing of health care in rural States

under chapter 55 of title 10, United States Code. The report shall

include the following:

(i) The number of physicians in rural States who are withdrawing from participation, or otherwise refusing to participate, in the health care contracts.

(ii) The reasons for the withdrawals and refusals.

(iii) The actions that the Secretary of Defense can take to

encourage more physicians to participate in the health care contracts.

(iv) Any recommendations for legislation that the Secretary

considers necessary to encourage more physicians to participate

in the health care contracts.

(B) In this paragraph, the term ‘‘rural State’’ means a State

that has, on average, as determined by the Bureau of the Census in

the latest decennial census—

(i) fewer than 76 residents per square mile; and

(ii) fewer than 211 actively practicing physicians (not

counting physicians employed by the United States) per 100,000

residents.

SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, is

amended by inserting after section 1074h (as added by section 706)

the following new section:

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‘‘§ 1074i. Reimbursement for certain travel expenses

‘‘In any case in which a covered beneficiary is referred by a primary care physician to a specialty care provider who provides services more than 100 miles from the location in which the primary

care provider provides services to the covered beneficiary, the Secretary shall provide reimbursement for reasonable travel expenses

for the covered beneficiary.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 1074g the following new item:

‘‘1074i. Reimbursement for certain travel expenses.’’.

SEC. 759. REDUCTION OF CAP ON PAYMENTS.

Section 1086(b)(4) of title 10, United States Code, is amended

by striking ‘‘$7,500’’ and inserting ‘‘$3,000’’.

SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRATION.

(a) EXPANSION OF PROGRAM.—Section 715(a) of the National

Defense Authorization Act for Fiscal Year 1996 (Public Law 104–

106; 110 Stat 375; 10 U.S.C. 1073 note) is amended—

(1) in the matter preceding paragraph (1), by striking ‘‘Not

later than six months after the date of the enactment of this Act,

the’’ and inserting ‘‘The’’;

(2) in paragraph (1)—

(A) by inserting ‘‘, deputy commander, and managed

care coordinator’’ after ‘‘commander’’; and

(B) by inserting ‘‘, and any other person,’’ after ‘‘Defense’’; and

(3) by amending subsection (b) to read as follows:

‘‘(b) LIMITATION ON ASSIGNMENT UNTIL COMPLETION OF TRAINING.—No person may be assigned as the commander, deputy commander, or managed care coordinator of a military medical treatment facility or as a TRICARE lead agent or senior member of the

staff of a TRICARE lead agent office until the Secretary of the military department concerned submits a certification to the Secretary

of Defense that such person has completed the training described in

subsection (a).’’.

(b) REPORT REQUIREMENT.—(1) Not later than 18 months after

the date of the enactment of this Act, the Secretary of Defense shall

submit to Congress a report on progress in meeting the requirements

of section 715 of such Act (as amended by subsection (a)) by implementing a professional educational program to provide appropriate

training in health care management and administration.

(2) The report required by paragraph (1) shall include the following:

(A) A survey of professional civilian certifications and credentials which demonstrate achievement of the requirements of

such section.

(B) A description of the continuing education activities required to obtain initial certification and periodic required recertification.

(C) A description of the prominence of such credentials or

certifications among senior civilian health care executives.

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(c) APPLICABILITY.—The amendments made by subsection (a) to

section 715 of such Act—

(1) shall apply to a deputy commander, a managed care coordinator of a military medical treatment facility, or a lead

agent for coordinating the delivery of health care by military

and civilian providers under the TRICARE program, who is assigned to such position on or after the date that is one year after

the date of the enactment of this Act; and

(2) may apply, in the discretion of the Secretary of Defense,

to a deputy commander, a managed care coordinator of such a

facility, or a lead agent for coordinating the delivery of such

health care, who is assigned to such position before the date

that is one year after the date of the enactment of this Act.

SEC. 761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL RESEARCH FACILITY.

(a) STUDIES REQUIRED.—(1) The Secretary of the Army shall

conduct a study on the feasibility of the Tripler Army Medical Center, Hawaii, sharing a biomedical research facility with the Department of Veterans Affairs and the School of Medicine at the University of Hawaii for the purpose of making more efficient use of funding for biomedical research.

(2) The Secretary of the Air Force shall conduct a study on the

feasibility of the Little Rock Medical Facility, Arkansas, sharing a

biomedical research facility with the Department of Veterans Affairs

and the School of Medicine at the University of Arkansas for the

purpose of making more efficient use of funding for biomedical research.

(3) The biomedical research facilities described in paragraphs

(1) and (2) would include a clinical research center and facilities for

educational, academic, and laboratory research.

(b) REPORTS.—Not later than March 1, 2001—

(1) the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the

Senate a report on the study conducted under subsection (a)(1);

and

(2) the Secretary of the Air Force shall submit to such committees a report on the study conducted under subsection (a)(2).

SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL,

SPEECH, AND OCCUPATIONAL THERAPIES.

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

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

by insurers under Medicare and the Federal Employees Health Benefits Program. The study shall examine the following:

(1) Types of services covered.

(2) Whether prior authorization is required to receive such

services.

(3) Reimbursement limits for services covered.

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

outpatient basis.

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

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

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

the House of Representatives.

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.

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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Subtitle A—Amendments to General Contracting Authorities, Procedures, and

Limitations

SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS.

(a) EXTENSION OF AUTHORITY.—Section 5064(d)(2) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355; 108

Stat. 3361; 10 U.S.C. 2430 note) is amended by striking ‘‘45 days

after the date of the enactment of this Act and ends on September

30, 1998’’ and inserting ‘‘on October 13, 1994, and ends on October

1, 2007’’.

(b) EXPANSION OF JDAM PROGRAM.—Section 5064(a)(2) of such

Act is amended by striking ‘‘1000-pound and 2000-pound bombs’’

and inserting ‘‘500-pound, 1000-pound, and 2000-pound bombs’’.

(c) REPORT REQUIRED.—(1) Not later than January 1, 2001, the

Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the

acquisition pilot programs of the Department of Defense. The report

shall describe, for each acquisition program identified in section

5064(a) of the Federal Acquisition Streamlining Act of 1994, the following:

(A) Each quantitative measure and goal established for

each item described in paragraph (2), which of such goals have

been achieved, and the extent to which the use of the authorities

in section 809 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430 note)

and section 5064 of the Federal Acquisition Streamlining Act of

1994 was a factor in achieving each of such goals.

(B) Recommended revisions to statutes or the Federal Acquisition Regulation as a result of participation in the pilot program.

(C) Any innovative business practices developed as a result

of participation in the pilot program, whether such business

practices could be applied to other acquisition programs, and

any impediments to application of such practices to other programs.

(D) Technological changes to the program, and to what extent those changes affected the items in paragraph (2).

(E) Any other information determined appropriate by the

Secretary.

(2) The items under this paragraph are, with respect to defense

acquisition programs, the following:

(A) The acquisition management costs.

(B) The unit cost of the items procured.

(C) The acquisition cycle.

(D) The total cost of carrying out the contract.

(E) Staffing necessary to carry out the program.

SEC. 802. MULTIYEAR SERVICES CONTRACTS.

(a) IN GENERAL.—(1) Chapter 137 of title 10, United States

Code, is amended by inserting after section 2306b the following:

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‘‘§ 2306c. Multiyear contracts: acquisition of services

‘‘(a) AUTHORITY.—Subject to subsections (d) and (e), the head of

an agency may enter into contracts for periods of not more than five

years for services described in subsection (b), and for items of supply

related to such services, for which funds would otherwise be available for obligation only within the fiscal year for which appropriated whenever the head of the agency finds that—

‘‘(1) there will be a continuing requirement for the services

consonant with current plans for the proposed contract period;

‘‘(2) the furnishing of such services will require a substantial initial investment in plant or equipment, or the incurrence

of substantial contingent liabilities for the assembly, training,

or transportation of a specialized work force; and

‘‘(3) the use of such a contract will promote the best interests of the United States by encouraging effective competition

and promoting economies in operation.

‘‘(b) COVERED SERVICES.—The authority under subsection (a)

applies to the following types of services:

‘‘(1) Operation, maintenance, and support of facilities and

installations.

‘‘(2) Maintenance or modification of aircraft, ships, vehicles,

and other highly complex military equipment.

‘‘(3) Specialized training necessitating high quality instructor skills (for example, pilot and air crew members; foreign language training).

‘‘(4) Base services (for example, ground maintenance; inplane refueling; bus transportation; refuse collection and disposal).

‘‘(c) APPLICABLE PRINCIPLES.—In entering into multiyear contracts for services under the authority of this section, the head of the

agency shall be guided by the following principles:

‘‘(1) The portion of the cost of any plant or equipment amortized as a cost of contract performance should not exceed the

ratio between the period of contract performance and the anticipated useful commercial life of such plant or equipment. Useful

commercial life, for this purpose, means the commercial utility

of the facilities rather than the physical life thereof, with due

consideration given to such factors as location of facilities, specialized nature thereof, and obsolescence.

‘‘(2) Consideration shall be given to the desirability of obtaining an option to renew the contract for a reasonable period

not to exceed three years, at prices not to include charges for

plant, equipment and other nonrecurring costs, already amortized.

‘‘(3) Consideration shall be given to the desirability of reserving in the agency the right, upon payment of the

unamortized portion of the cost of the plant or equipment, to

take title thereto under appropriate circumstances.

‘‘(d) RESTRICTIONS APPLICABLE GENERALLY.—(1) The head of

an agency may not initiate under this section a contract for services

that includes an unfunded contingent liability in excess of

$20,000,000 unless the committees of Congress named in paragraph

(5) are notified of the proposed contract at least 30 days in advance

of the award of the proposed contract.

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‘‘(2) The head of an agency may not initiate a multiyear contract for services under this section if the value of the multiyear contract would exceed $500,000,000 unless authority for the contract is

specifically provided by law.

‘‘(3) The head of an agency may not terminate a multiyear procurement contract for services until 10 days after the date on which

notice of the proposed termination is provided to the committees of

Congress named in paragraph (5).

‘‘(4) Before any contract described in subsection (a) that contains a clause setting forth a cancellation ceiling in excess of

$100,000,000 may be awarded, the head of the agency concerned

shall give written notification of the proposed contract and of the

proposed cancellation ceiling for that contract to the committees of

Congress named in paragraph (5), and such contract may not then

be awarded until the end of a period of 30 days beginning on the

date of such notification.

‘‘(5) The committees of Congress referred to in paragraphs (1),

(3), and (4) are as follows:

‘‘(A) The Committee on Armed Services and the Committee

on Appropriations of the Senate.

‘‘(B) The Committee on Armed Services and the Committee

on Appropriations of the House of Representatives.

‘‘(e) CANCELLATION OR TERMINATION FOR INSUFFICIENT FUNDING AFTER FIRST YEAR.—In the event that funds are not made

available for the continuation of a multiyear contract for services

into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid

from—

‘‘(1) appropriations originally available for the performance

of the contract concerned;

‘‘(2) appropriations currently available for procurement of

the type of services concerned, and not otherwise obligated; or

‘‘(3) funds appropriated for those payments.

‘‘(f) MULTIYEAR CONTRACT DEFINED.—For the purposes of this

section, a multiyear contract is a contract for the purchase of services for more than one, but not more than five, program years. Such

a contract may provide that performance under the contract during

the second and subsequent years of the contract is contingent upon

the appropriation of funds and (if it does so provide) may provide

for a cancellation payment to be made to the contractor if such appropriations are not made.’’.

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

amended by inserting after the item relating to section 2306b the

following:

‘‘2306c. Multiyear contracts: acquisition of services.’’.

(b) REFERENCE TO RELOCATED AUTHORITY.—Subsection (g) of

section 2306 of such title is amended to read as follows:

‘‘(g) Multiyear contracting authority for the acquisition of services is provided in section 2306c of this title.’’.

(c) CONFORMING AMENDMENT.—Section 2306b(k) of title 10,

United States Code, is amended by striking ‘‘or services’’.

(d) APPLICABILITY.—Section 2306c of title 10, United States

Code (as added by subsection (a)), shall apply with respect to conVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00247 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.087 pfrm03 PsN: HR945
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tracts for which solicitations of offers are issued after the date of the

enactment of this Act.

SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY

OUT CERTAIN PROTOTYPE PROJECTS.

(a) AMENDMENTS TO AUTHORITY.—Section 845 of the National

Defense Authorization Act for Fiscal Year 1994 (Public Law 103–

160; 10 U.S.C. 2371 note) is amended—

(1) by redesignating subsection (d) as subsection (f); and

(2) by inserting after subsection (c) the following new subsections:

‘‘(d) APPROPRIATE USE OF AUTHORITY.—(1) The Secretary of Defense shall ensure that no official of an agency enters into a transaction (other than a contract, grant, or cooperative agreement) for

a prototype project under the authority of this section unless—

‘‘(A) there is at least one nontraditional defense contractor

participating to a significant extent in the prototype project; or

‘‘(B) no nontraditional defense contractor is participating to

a significant extent in the prototype project, but at least one of

the following circumstances exists:

‘‘(i) At least one third of the total cost of the prototype

project is to be paid out of funds provided by parties to the

transaction other than the Federal Government.

‘‘(ii) The senior procurement executive for the agency

(as designated for the purposes of section 16(3) of the Office

of Federal Procurement Policy Act (41 U.S.C. 414(3)) determines in writing that exceptional circumstances justify the

use of a transaction that provides for innovative business

arrangements or structures that would not be feasible or

appropriate under a contract.

‘‘(2)(A) Except as provided in subparagraph (B), the amounts

counted for the purposes of this subsection as being provided, or to

be provided, by a party to a transaction with respect to a prototype

project that is entered into under this section other than the Federal

Government do not include costs that were incurred before the date

on which the transaction becomes effective.

‘‘(B) Costs that were incurred for a prototype project by a party

after the beginning of negotiations resulting in a transaction (other

than a contract, grant, or cooperative agreement) with respect to the

project before the date on which the transaction becomes effective

may be counted for purposes of this subsection as being provided,

or to be provided, by the party to the transaction if and to the extent

that the official responsible for entering into the transaction determines in writing that—

‘‘(i) the party incurred the costs in anticipation of entering

into the transaction; and

‘‘(ii) it was appropriate for the party to incur the costs before the transaction became effective in order to ensure the successful implementation of the transaction.

‘‘(e) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this

section, the term ‘nontraditional defense contractor’ means an entity

that has not, for a period of at least one year prior to the date that

a transaction (other than a contract, grant, or cooperative agreement) for a prototype project under the authority of this section is

entered into, entered into or performed with respect to—

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‘‘(1) any contract that is subject to full coverage under the

cost accounting standards prescribed pursuant to section 26 of

the Office of Federal Procurement Policy Act (41 U.S.C. 422)

and the regulations implementing such section; or ‘‘(2) any other contract in excess of $500,000 to carry out

prototype projects or to perform basic, applied, or advanced research projects for a Federal agency, that is subject to the Federal Acquisition Regulation.’’.

(b) EXTENSION OF AUTHORITY.—Subsection (f) of such section,

as redesignated by subsection (a)(1), is amended by striking ‘‘September 30, 2001’’ and inserting ‘‘September 30, 2004’’.

SEC. 804. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL

TO REVIEW RECORDS OF PARTICIPANTS IN CERTAIN PROTOTYPE PROJECTS.

(a) COMPTROLLER GENERAL REVIEW.—Section 845(c) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C.

2371 note) is amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively; and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3)(A) The right provided to the Comptroller General in a

clause of an agreement under paragraph (1) is limited as provided

in subparagraph (B) in the case of a party to the agreement, an entity that participates in the performance of the agreement, or a subordinate element of that party or entity if the only agreements or other

transactions that the party, entity, or subordinate element entered

into with Government entities in the year prior to the date of that

agreement are cooperative agreements or transactions that were entered into under this section or section 2371 of title 10, United

States Code.

‘‘(B) The only records of a party, other entity, or subordinate element referred to in subparagraph (A) that the Comptroller General

may examine in the exercise of the right referred to in that subparagraph are records of the same type as the records that the Government has had the right to examine under the audit access clauses

of the previous agreements or transactions referred to in such subparagraph that were entered into by that particular party, entity, or

subordinate element.’’.

SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON PROCUREMENT OF BALL BEARINGS AND ROLLER BEARINGS.

Section 2534(c)(3) of title 10, United States Code, is amended

by striking ‘‘October 1, 2000’’ and inserting ‘‘October 1, 2005’’.

SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CONTRACTS.

Section 2306b(l) of title 10, United States Code, is amended—

(1) in paragraph (4)—

(A) in the matter preceding subparagraph (A), by striking ‘‘The head of an agency’’ and all that follows through

‘‘following information’’ and inserting ‘‘Not later than the

date of the submission of the President’s budget request

under section 1105 of title 31, the Secretary of Defense shall

submit a report to the congressional defense committees

each year, providing the following information with respect

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to each multiyear contract (and each extension of an existing multiyear contract) entered into, or planned to be entered into, by the head of an agency during the current or

preceding year’’; and

(B) in subparagraph (B), by striking ‘‘in effect immediately before the contract (or contract extension) is entered

into’’ and inserting ‘‘in effect at the time the report is submitted’’;

(2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively; and

(3) by inserting after paragraph (4) the following new paragraph (5):

‘‘(5) The head of an agency may not enter into a multiyear contract (or extend an existing multiyear contract), the value of which

would exceed $500,000,000 (when entered into or when extended, as

the case may be), until the Secretary of Defense submits to the congressional defense committees a report containing the information

described in paragraph (4) with respect to the contract (or contract

extension).’’.

SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND

CONTROLLED BY WOMEN FOR ASSISTANCE UNDER THE

MENTOR-PROTEGE PROGRAM.

Section 831(m)(2) of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is

amended—

(1) by striking ‘‘or’’ at the end of subparagraph (C);

(2) by striking the period at the end of subparagraph (D)

and inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(E) a small business concern owned and controlled by

women, as defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D)).’’.

SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGNMENT IN CONTRACTING POSITIONS.

(a) APPLICABILITY OF REQUIREMENTS TO MEMBERS OF THE

ARMED FORCES.—Section 1724 of title 10, United States Code, is

amended in the first sentence of subsection (d)—

(1) by striking ‘‘employee of’’ and inserting ‘‘employee or

member of’’; and

(2) by striking ‘‘employee possesses’’ and inserting ‘‘employee

or member possesses’’.

(b) MANDATORY ACADEMIC QUALIFICATIONS.—(1) Subsection

(a)(3) of such section is amended—

(A) by inserting ‘‘and’’ before ‘‘(B)’’; and

(B) by striking ‘‘, or (C)’’ and all that follows through ‘‘listed in subparagraph (B)’’.

(2) Subsection (b) of such section is amended to read as follows:

‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—The Secretary of Defense shall require that a person meet

the requirements set forth in paragraph (3) of subsection (a), but not

the other requirements set forth in that subsection, in order to qualify to serve in a position in the Department of Defense in—

‘‘(1) the GS–1102 occupational series; or

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‘‘(2) a similar occupational specialty if the position is to be

filled by a member of the armed forces.’’.

(c) EXCEPTION.—Subsection (c) of such section is amended to

read as follows:

‘‘(c) EXCEPTION.—The requirements imposed under subsection

(a) or (b) shall not apply to a person for the purpose of qualifying

to serve in a position in which the person is serving on September

30, 2000.’’.

(d) DELETION OF UNNECESSARY CROSS REFERENCES.—Subsection (a) of such section is amended by striking ‘‘(except as provided in subsections (c) and (d))’’ in the matter preceding paragraph

(1).

(e) EFFECTIVE DATE.—This section, and the amendments made

by this section, shall take effect on October 1, 2000, and shall apply

to appointments and assignments to contracting positions made on

or after that date.

SEC. 809. REVISION OF AUTHORITY FOR SOLUTIONS-BASED CONTRACTING PILOT PROGRAM.

(a) PILOT PROJECTS UNDER THE PROGRAM.—Section 5312 of the

Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended—

(1) in subsection (a), by striking ‘‘subsection (d)(2)’’ and inserting ‘‘subsection (d)’’; and

(2) by striking subsection (d) and inserting the following:

‘‘(d) PILOT PROGRAM PROJECTS.—The Administrator shall authorize to be carried out under the pilot program—

‘‘(1) not more than 10 projects, each of which has an esti- mated cost of at least $25,000,000 and not more than

$100,000,000; and

‘‘(2) not more than 10 projects for small business concerns, each of which has an estimated cost of at least $1,000,000 and

not more than $5,000,000.’’.

(b) ELIMINATION OF REQUIREMENT FOR FEDERAL FUNDING OF

PROGRAM DEFINITION PHASE.—Subsection (c)(9)(B) of such section

is amended by striking ‘‘program definition phase (funded, in the

case of the source ultimately awarded the contract, by the Federal

Government)—’’ and inserting ‘‘program definition phase—’’.

SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES

THROUGH ELECTRONIC MEANS.

(a) PUBLICATION BY ELECTRONIC MEANS.—Subsection (a) of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C.

416) is amended—

(1) in paragraph (1)(A), by striking ‘‘furnish for publication

by the Secretary of Commerce’’ and inserting ‘‘publish’’;

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

‘‘(2)(A) A notice of solicitation required to be published under

paragraph (1) may be published—

‘‘(i) by electronic means that meets the requirements for accessibility under paragraph (7); or

‘‘(ii) by the Secretary of Commerce in the Commerce Business Daily.

‘‘(B) The Secretary of Commerce shall promptly publish in the

Commerce Business Daily each notice or announcement received

under this subsection for publication by that means.’’; and

(3) by adding at the end the following:

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‘‘(7) A publication of a notice of solicitation by electronic means

meets the requirements for accessibility under this paragraph if the

notice is electronically accessible in a form that allows convenient

and universal user access through the single Government-wide point

of entry designated in the Federal Acquisition Regulation.’’.

(b) WAITING PERIOD FOR ISSUANCE OF SOLICITATION.—Paragraph (3) of such subsection is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘furnish a notice to the Secretary of Commerce’’ and inserting

‘‘publish a notice of solicitation’’; and

(2) in subparagraph (A), by striking ‘‘by the Secretary of

Commerce’’.

(c) CONFORMING AMENDMENTS TO SMALL BUSINESS ACT.—Subsection (e) of section 8 of the Small Business Act (15 U.S.C. 637) is

amended—

(1) in paragraph (1)(A), by striking ‘‘furnish for publication

by the Secretary of Commerce’’ and inserting ‘‘publish’’;

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

‘‘(2)(A) A notice of solicitation required to be published under

paragraph (1) may be published—

‘‘(i) by electronic means that meet the accessibility requirements under section 18(a)(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(7)); or

‘‘(ii) by the Secretary of Commerce in the Commerce Business Daily.

‘‘(B) The Secretary of Commerce shall promptly publish in the

Commerce Business Daily each notice or announcement received

under this subsection for publication by that means.’’; and

(3) in paragraph (3)—

(A) in the matter preceding subparagraph (A), by striking ‘‘furnish a notice to the Secretary of Commerce’’ and inserting ‘‘publish a notice of solicitation’’; and

(B) in subparagraph (A), by striking ‘‘by the Secretary

of Commerce’’.

(d) PERIODIC REPORTS ON IMPLEMENTATION OF ELECTRONIC

COMMERCE IN FEDERAL PROCUREMENT.—Section 30(e) of the Office

of Federal Procurement Policy Act (41 U.S.C. 426(e)) is amended—

(1) in the first sentence, by striking ‘‘Not later than March

1, 1998, and every year afterward through 2003’’ and inserting

‘‘Not later than March 1 of each even-numbered year through

2004’’; and

(2) in paragraph (4)—

(A) by striking ‘‘Beginning with the report submitted on

March 1, 1999, an’’ and inserting ‘‘An’’; and

(B) by striking ‘‘calendar year’’ and inserting ‘‘two fiscal years’’.

(e) EFFECTIVE DATE; APPLICABILITY.—The amendments made

by this section shall take effect on October 1, 2000. The amendments

made by subsections (a), (b), and (c) shall apply with respect to solicitations issued on or after that date.

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Subtitle B—Information Technology

SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECHNOLOGY.

(a) RESPONSIBILITY OF DOD CHIEF INFORMATION OFFICER RELATING TO MISSION CRITICAL AND MISSION ESSENTIAL INFORMATION TECHNOLOGY SYSTEMS.—Section 2223(a) of title 10, United

States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(5) maintain a consolidated inventory of Department of

Defense mission critical and mission essential information systems, identify interfaces between those systems and other information systems, and develop and maintain contingency plans

for responding to a disruption in the operation of any of those

information systems.’’.

(b) MINIMUM PLANNING REQUIREMENTS FOR THE ACQUISITION

OF INFORMATION TECHNOLOGY SYSTEMS.—(1) Not later than 60

days after the date of the enactment of this Act, Department of Defense Directive 5000.1 shall be revised to establish minimum planning requirements for the acquisition of information technology systems.

(2) The revised directive required by (1) shall—

(A) include definitions of the terms ‘‘mission critical information system’’ and ‘‘mission essential information system’’;

(B) prohibit the award of any contract for the acquisition

of a mission critical or mission essential information technology

system until—

(i) the system has been registered with the Chief Information Officer of the Department of Defense;

(ii) the Chief Information Officer has received all information on the system that is required under the directive

to be provided to that official; and

(iii) the Chief Information Officer has determined that

there is in place for the system an appropriate information

assurance strategy; and

(C) require that, in the case of each system registered pursuant to subparagraph (B)(i), the information required under

subparagraph (B)(ii) to be submitted as part of the registration

shall be updated on not less than a quarterly basis.

(c) MILESTONE APPROVAL FOR MAJOR AUTOMATED INFORMATION SYSTEMS.—The revised directive required by subsection (b)

shall prohibit Milestone I approval, Milestone II approval, or Milestone III approval (or the equivalent) of a major automated information system within the Department of Defense until the Chief Information Officer has determined that—

(1) the system is being developed in accordance with the requirements of division E of the Clinger-Cohen Act of 1996 (40

U.S.C. 1401 et seq.);

(2) appropriate actions have been taken with respect to the

system in the areas of business process reengineering, analysis

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of alternatives, economic analysis, and performance measures;

and

(3) the system has been registered as described in subsection (b)(2)(B).

(d) NOTICE OF REDESIGNATION OF SYSTEMS.—(1) Whenever

during fiscal year 2001, 2002, or 2003 the Chief Information Officer

designates a system previously designated as a major automated information system to be in a designation category other than a major

automated information system, the Chief Information Officer shall

notify the congressional defense committees of that designation. The

notice shall be provided not later than 30 days after the date of that

designation. Any such notice shall include the rationale for the decision to make the designation and a description of the program management oversight that will be implemented for the system so designated.

(2) Not later than 60 days after the date of the enactment of this

Act, the Chief Information Officer shall submit to the congressional

defense committees a report specifying each information system of

the Department of Defense previously designated as a major automated information system that is currently designated in a designation category other than a major automated information system including designation as a ‘‘special interest major technology initiative’’. The report shall include for each such system the information

specified in the third sentence of paragraph (1).

(e) ANNUAL IMPLEMENTATION REPORT.—(1) The Secretary of Defense shall submit to the congressional defense committees, not later

than April 1 of each of fiscal years 2001, 2002, and 2003, a report

on the implementation of the requirements of this section during the

preceding fiscal year.

(2) The report for a fiscal year under paragraph (1) shall include, at a minimum, for each major automated information system

that was approved during such preceding fiscal year under Department of Defense Directive 5000.1 (as revised pursuant to subsection

(b)), the following:

(A) The funding baseline.

(B) The milestone schedule.

(C) The actions that have been taken to ensure compliance

with the requirements of this section and the directive.

(3) The first report shall include, in addition to the information

required by paragraph (2), an explanation of the manner in which

the responsible officials within the Department of Defense have addressed, or intend to address, the following acquisition issues for

each major automated information system planned to be acquired

after that fiscal year:

(A) Requirements definition.

(B) Presentation of a business case analysis, including an

analysis of alternatives and a calculation of return on investment.

(C) Performance measurement.

(D) Test and evaluation.

(E) Interoperability.

(F) Cost, schedule, and performance baselines.

(G) Information assurance.

(H) Incremental fielding and implementation.

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(I) Risk mitigation.

(J) The role of integrated product teams.

(K) Issues arising from implementation of the Command,

Control, Communications, Computers, Intelligence, Surveillance, and Reconnaissance Plan required by Department of Defense Directive 5000.1 and Chairman of the Joint Chiefs of

Staff Instruction 3170.01.

(L) Oversight, including the Chief Information Officer’s

oversight of decision reviews.

(f) DEFINITIONS.—In this section:

(1) The term ‘‘Chief Information Officer’’ means the senior

official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United

States Code.

(2) The term ‘‘information technology system’’ has the

meaning given the term ‘‘information technology’’ in section

5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

(3) The term ‘‘major automated information system’’ has the

meaning given that term in Department of Defense Directive

5000.1.

SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECHNOLOGY PURCHASES.

(a) IN GENERAL.—(1) Chapter 131 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 2225. Information technology purchases: tracking and

management

‘‘(a) COLLECTION OF DATA REQUIRED.—To improve tracking

and management of information technology products and services

by the Department of Defense, the Secretary of Defense shall provide

for the collection of the data described in subsection (b) for each

purchase of such products or services made by a military department or Defense Agency in excess of the simplified acquisition

threshold, regardless of whether such a purchase is made in the

form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement.

‘‘(b) DATA TO BE COLLECTED.—The data required to be collected

under subsection (a) includes the following:

‘‘(1) The products or services purchased.

‘‘(2) Whether the products or services are categorized as

commercially available off-the-shelf items, other commercial

items, nondevelopmental items other than commercial items,

other noncommercial items, or services.

‘‘(3) The total dollar amount of the purchase.

‘‘(4) The form of contracting action used to make the purchase.

‘‘(5) In the case of a purchase made through an agency

other than the Department of Defense—

‘‘(A) the agency through which the purchase is made;

and

‘‘(B) the reasons for making the purchase through that

agency.

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‘‘(6) The type of pricing used to make the purchase (whether

fixed price or another type of pricing).

‘‘(7) The extent of competition provided in making the purchase.

‘‘(8) A statement regarding whether the purchase was made

from—

‘‘(A) a small business concern;

‘‘(B) a small business concern owned and controlled by

socially and economically disadvantaged individuals; or

‘‘(C) a small business concern owned and controlled by

women.

‘‘(9) A statement regarding whether the purchase was made

in compliance with the planning requirements under sections

5122 and 5123 of the Clinger-Cohen Act of 1996 (40 U.S.C.

1422, 1423).

‘‘(c) RESPONSIBILITY TO ENSURE FAIRNESS OF CERTAIN

PRICES.—The head of each contracting activity in the Department

of Defense shall have responsibility for ensuring the fairness and

reasonableness of unit prices paid by the contracting activity for information technology products and services that are frequently purchased commercially available off-the-shelf items.

‘‘(d) LIMITATION ON CERTAIN PURCHASES.—No purchase of information technology products or services in excess of the simplified

acquisition threshold shall be made for the Department of Defense

from a Federal agency outside the Department of Defense unless—

‘‘(1) the purchase data is collected in accordance with subsection (a); or

‘‘(2)(A) in the case of a purchase by a Defense Agency, the

purchase is approved by the Under Secretary of Defense for Acquisition, Technology, and Logistics; or

‘‘(B) in the case of a purchase by a military department, the

purchase is approved by the senior procurement executive of the

military department.

‘‘(e) ANNUAL REPORT.—Not later than March 15 of each year,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

containing a summary of the data collected in accordance with subsection (a).

‘‘(f) DEFINITIONS.—In this section:

‘‘(1) The term ‘senior procurement executive’, with respect to

a military department, means the official designated as the senior procurement executive for the military department for the

purposes of section 16(3) of the Office of Federal Procurement

Policy Act (41 U.S.C. 414(3)).

‘‘(2) The term ‘simplified acquisition threshold’ has the

meaning given the term in section 4(11) of the Office of Federal

Procurement Policy Act (41 U.S.C. 403(11)).

‘‘(3) The term ‘small business concern’ means a business

concern that meets the applicable size standards prescribed pursuant to section 3(a) of the Small Business Act (15 U.S.C.

632(a)).

‘‘(4) The term ‘small business concern owned and controlled

by socially and economically disadvantaged individuals’ has

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the meaning given that term in section 8(d)(3)(C) of the Small

Business Act (15 U.S.C. 637(d)(3)(C)).

‘‘(5) The term ‘small business concern owned and controlled

by women’ has the meaning given that term in section

8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D)).’’.

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

amended by adding at the end the following:

‘‘2225. Information technology purchases: tracking and management.’’.

(b) TIME FOR IMPLEMENTATION; APPLICABILITY.—(1) The Secretary of Defense shall collect data as required under section 2225

of title 10, United States Code (as added by subsection (a)) for all

contractual actions covered by such section entered into on or after

the date that is one year after the date of the enactment of this Act.

(2) Subsection (d) of such section shall apply with respect to

purchases described in that subsection for which solicitations of offers are issued on or after the date that is one year after the date

of the enactment of this Act.

(c) GAO REPORT.—Not later than 15 months after the date of

the enactment of this Act, the Comptroller General shall submit to

the congressional defense committees a report on the collection of

data under such section 2225. The report shall include the Comptroller General’s assessment of the extent to which the collection of

data meets the requirements of that section.

SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERIENCE AND EDUCATION OF CONTRACTOR PERSONNEL IN

THE PROCUREMENT OF INFORMATION TECHNOLOGY

SERVICES.

(a) AMENDMENT OF THE FEDERAL ACQUISITION REGULATION.— Not later than 180 days after the date of the enactment of this Act,

the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41

U.S.C. 405 and 421) shall be amended to address the use, in the

procurement of information technology services, of requirements regarding the experience and education of contractor personnel.

(b) CONTENT OF AMENDMENT.—The amendment issued pursuant to subsection (a) shall, at a minimum, provide that solicitations

for the procurement of information technology services shall not set

forth any minimum experience or educational requirement for proposed contractor personnel in order for a bidder to be eligible for

award of a contract unless—

(1) the contracting officer first determines that the needs of

the executive agency cannot be met without any such requirement; or

(2) the needs of the executive agency require the use of a

type of contract other than a performance-based contract.

(c) GAO REPORT.—Not later than one year after the date on

which the regulations required by subsection (a) are published in

the Federal Register, the Comptroller General shall submit to Congress an evaluation of—

(1) executive agency compliance with the regulations; and

(2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General

considers appropriate.

(d) DEFINITIONS.—In this section:

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(1) The term ‘‘executive agency’’ has the meaning given that

term in section 4(1) of the Office of Federal Procurement Policy

Act (41 U.S.C. 403(1)).

(2) The term ‘‘information technology’’ has the meaning

given that term in section 5002(3) of the Clinger-Cohen Act of

1996 (40 U.S.C. 1401(3)).

(3) The term ‘‘performance-based’’, with respect to a contract, means that the contract includes the use of performance

work statements that set forth contract requirements in clear,

specific, and objective terms with measurable outcomes.

SEC. 814. NAVY-MARINE CORPS INTRANET.

(a) LIMITATION.—None of the funds authorized to be appropriated for the Department of the Navy may be obligated or expended to carry out a Navy-Marine Corps Intranet contract before—

(1) the Comptroller of the Department of Defense and the

Director of the Office of Management and Budget—

(A) have reviewed—

(i) the Report to Congress on the Navy-Marine

Corps Intranet submitted by the Department of the

Navy on June 30, 2000; and

(ii) the Business Case Analysis Supplement for the

Report to Congress on the Navy-Marine Corps Intranet

submitted by the Department of the Navy on July 15,

2000; and

(B) have provided their written comments to the Secretary of the Navy and the Chief of Naval Operations; and

(2) the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they

have reviewed the business case for the contract and the comments provided by the Comptroller of the Department of Defense

and the Director of the Office of Management and Budget and

that they have determined that the implementation of the contract is in the best interest of the Department of the Navy.

(b) PHASED IMPLEMENTATION—(1) Upon the submission of the

certification under subsection (a)(2), the Secretary of the Navy may

commence a phased implementation of a Navy-Marine Corps

Intranet contract.

(2) Not more than 15 percent of the total number of work stations to be provided under the Navy-Marine Corps Intranet program

may be provided in the first increment of implementation of the

Navy-Marine Corps Intranet contract.

(3) No work stations in excess of the number permitted by paragraph (2) may be provided under the program until—

(A) the Secretary of the Navy has conducted operational

testing and cost review of the increment covered by that paragraph;

(B) the Chief Information Officer of the Department of Defense has certified to the Secretary of the Navy that the results

of the operational testing of the Intranet are acceptable;

(C) the Comptroller of the Department of Defense has certified to the Secretary of the Navy that the cost review provides

a reliable basis for forecasting the cost impact of continued implementation; and

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(D) the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they

have reviewed the certifications submitted under subparagraphs

(B) and (C) and have determined that the continued implementation of the contract is in the best interest of the Department

of the Navy.

(4) No increment of the Navy-Marine Corps Intranet that is implemented during fiscal year 2001 may include any activities of the

Marine Corps, the naval shipyards, or the naval aviation depots.

Funds available for fiscal year 2001 for activities of the Marine

Corps, the naval shipyards, or the naval aviation depots may not

be expended for any contract for the Navy-Marine Corps Intranet.

(c) PROHIBITION ON INCREASE OF RATES CHARGED.—The Secretary of the Navy shall ensure that rates charged by a working capital funded industrial facility of the Department of the Navy for

goods or services provided by such facility are not increased during

fiscal year 2001 for the purpose of funding the Navy-Marine Corps

Intranet contract.

(d) APPLICABILITY OF STATUTORY AND REGULATORY REQUIRE- MENTS.—The acquisition of a Navy-Marine Corps Intranet shall be

managed by the Department of the Navy in accordance with the requirements of—

(1) the Clinger-Cohen Act of 1996 (divisions D and E of

Public Law 104–106), including the requirement for utilizing

modular contracting in accordance with section 38 of the Office

of Federal Procurement Policy Act (41 U.S.C. 434); and

(2) Department of Defense Directives 5000.1 and 5000.2–R

and all other directives, regulations, and management controls

that are applicable to major investments in information technology and related services.

(e) IMPACT ON FEDERAL EMPLOYEES.—The Secretary shall mitigate any adverse impact of the implementation of the Navy-Marine

Corps Intranet on civilian employees of the Department of the Navy

who, as of the date of the enactment of this Act, are performing

functions that are included in the scope of the Navy-Marine Corps

Intranet program by—

(1) developing a comprehensive plan for the transition of

such employees to the performance of other functions within the

Department of the Navy;

(2) taking full advantage of transition authorities available

for the benefit of employees;

(3) encouraging the retraining of employees who express a

desire to qualify for reassignment to the performance of other

functions within the Department of the Navy; and

(4) including a provision in the Navy-Marine Corps

Intranet contract that requires the contractor to provide a preference for hiring employees of the Department of the Navy who,

as of the date of the enactment of this Act, are performing functions that are included in the scope of the contract.

(f) NAVY-MARINE CORPS INTRANET CONTRACT DEFINED.—In

this section, the term ‘‘Navy-Marine Corps Intranet contract’’ means

a contract providing for a long-term arrangement of the Department

of the Navy with the commercial sector that imposes on the contractor a responsibility for, and transfers to the contractor the risk

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of, providing and managing the significant majority of desktop,

server, infrastructure, and communication assets and services of the

Department of the Navy.

SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY SYSTEMS FOR GUARD AND RESERVE COMPONENTS.

It is the sense of Congress—

(1) that the Secretary of Defense should take appropriate

steps to provide for upgrading information technology systems

of the reserve components to ensure that those systems are capable, as required for mission purposes, of communicating with

other relevant information technology systems of the military

department concerned and of the Department of Defense in general; and

(2) that the Secretary of each military department should

ensure that communications systems for the reserve components

under the Secretary’s jurisdiction receive appropriate funding

for information technology systems in order to achieve the capability referred to in paragraph (1).

Subtitle C—Other Acquisition-Related Matters

SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.

(a) PREFERENCE FOR PERFORMANCE-BASED SERVICE CON- TRACTING.—Not later than 180 days after the date of the enactment

of this Act, the Federal Acquisition Regulation issued in accordance

with sections 6 and 25 of the Office of Federal Procurement Policy

Act (41 U.S.C. 405 and 421) shall be revised to establish a preference for use of contracts and task orders for the purchase of services in the following order of precedence:

(1) A performance-based contract or performance-based

task order that contains firm fixed prices for the specific tasks

to be performed.

(2) Any other performance-based contract or performancebased task order.

(3) Any contract or task order that is not a performancebased contract or a performance-based task order.

(b) INCENTIVE FOR USE OF PERFORMANCE-BASED SERVICE CON- TRACTS.—(1) A Department of Defense performance-based service

contract or performance-based task order may be treated as a contract for the procurement of commercial items if— (A) the contract or task order is valued at $5,000,000 or

less;

(B) the contract or task order sets forth specifically each

task to be performed and, for each task—

(i) defines the task in measurable, mission-related

terms;

(ii) identifies the specific end products or output to be

achieved; and

(iii) contains a firm fixed price; and

(C) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government.

(2) The special simplified procedures provided in the Federal

Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 10,

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United States Code, shall not apply to a performance-based service

contract or performance-based task order that is treated as a contract for the procurement of commercial items under paragraph (1).

(3) Not later than 2 years after the date of the enactment of this

Act, the Comptroller General shall submit a report on the implementation of this subsection to the congressional defense committees.

(4) The authority under this subsection shall not apply to contracts entered into or task orders issued more than 3 years after the

date of the enactment of this Act.

(c) CENTERS OF EXCELLENCE IN SERVICE CONTRACTING.—Not

later than 180 days after the date of the enactment of this Act, the

Secretary of each military department shall establish at least one

center of excellence in contracting for services. Each center of excellence shall assist the acquisition community by identifying, and

serving as a clearinghouse for, best practices in contracting for services in the public and private sectors.

(d) ENHANCED TRAINING IN SERVICE CONTRACTING.—(1) The

Secretary of Defense shall ensure that classes focusing specifically

on contracting for services are offered by the Defense Acquisition

University and the Defense Systems Management College and are

otherwise available to contracting personnel throughout the Department of Defense.

(2) The Secretary of each military department and the head of

each Defense Agency shall ensure that the personnel of the department or agency, as the case may be, who are responsible for the

awarding and management of contracts for services receive appropriate training that is focused specifically on contracting for services.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘performance-based’’, with respect to a contract, a task order, or contracting, means that the contract, task

order, or contracting, respectively, includes the use of performance work statements that set forth contract requirements in

clear, specific, and objective terms with measurable outcomes.

(2) The term ‘‘commercial item’’ has the meaning given the

term in section 4(12) of the Office of Federal Procurement Policy

Act (41 U.S.C. 403(12)).

(3) The term ‘‘Defense Agency’’ has the meaning given the

term in section 101(a)(11) of title 10, United States Code.

SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUANTIFYING OVERHEAD COSTS AT ARMY AMMUNITION PLANTS.

(a) REQUIREMENT FOR ANALYSIS.—The Secretary of the Army

shall carry out a financial analysis of the costs that would be incurred and the benefits that would be derived from the implementation of a policy of using—

(1) one set of rates for quantifying the overhead costs associated with Government-owned ammunition plants of the Department of the Army when allocating those costs to contractors

operating the plants; and

(2) another set of rates for quantifying the overhead costs

to be allocated to the operation of such plants by employees of

the United States.

(b) REPORT.—Not later than February 15, 2001, the Secretary

shall submit to the congressional defense committees a report on the

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results of the analysis carried out under subsection (a). The report

shall include the following:

(1) The costs and benefits identified in the analysis under

subsection (a).

(2) The risks to the United States of implementing a dualrate policy described in subsection (a).

(3) The effects that a use of dual rates under such a policy

would have on the defense industrial base of the United States.

SEC. 823. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR-CAPABLE

SHIPYARD CRANE FROM A FOREIGN SOURCE.

Section 8093 of the Department of Defense Appropriations Act,

2000 (Public Law 106–79; 113 Stat. 1253), is amended by striking

subsection (d), relating to a prohibition on the use of Department of

Defense funds to procure a 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.

(a) EXISTING WAIVER PERIOD NOT APPLICABLE.—Section

2366(c)(1) of title 10, United States Code, shall not apply with respect to survivability and lethality tests for the MH–47E and MH–

60K helicopter modification programs. Except as provided in the

previous sentence, the provisions and requirements in section

2366(c) of such title shall apply with respect to such programs, and

the certification required by subsection (b) shall comply with the requirements in paragraph (3) of such section.

(b) EXTENDED PERIOD FOR WAIVER.—With respect to the MH–

47E and MH–60K helicopter modification programs, the Secretary

of Defense may waive the application of the survivability and

lethality tests described in section 2366(a) of title 10, United States

Code, if the Secretary, before full materiel release of the MH–47E

and MH–60K helicopters for operational use, certifies to Congress

that live-fire testing of the programs would be unreasonably expensive and impracticable.

(c) CONFORMING AMENDMENT.—Section 142(a) of the National

Defense Authorization Act for Fiscal Year 1993 (Public Law 102–

484; 106 Stat. 2338) is amended by striking ‘‘and survivability testing’’ in paragraphs (1) and (2).

SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES

OF EQUIPMENT AND PRODUCTS.

(a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPARTMENT OF DEFENSE OF EQUIPMENT AND PRODUCTS.—It is the

sense of Congress that any entity of the Department of Defense, in

expending funds authorized by this Act for the purchase of equipment or products, should fully comply with the Buy American Act

(41 U.S.C. 10a et seq.) and section 2533 of title 10, United States

Code.

(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE

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

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

the United States that is not made in the United States, the SecVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00262 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.091 pfrm03 PsN: HR945
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retary shall determine, in accordance with section 2410f of title 10,

United States Code, whether the person should be debarred from

contracting with the Department of Defense.

SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN

AWARDING CONTRACTS FOR THE PURCHASE OF FIREARMS OR AMMUNITION.

In accordance with the requirements contained in the amendments enacted in the Competition in Contracting Act of 1984 (title

VII of division B of Public Law 98–369; 98 Stat. 1175), the Secretary of Defense may not, in awarding a contract for the purchase

of firearms or ammunition, take into account whether a manufacturer or vendor of firearms or ammunition is a party to an agreement under which the manufacturer or vendor agrees to adopt limitations with respect to importing, manufacturing, or dealing in firearms or ammunition in the commercial market.

Subtitle D—Studies and Reports

SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS ON

LONG-TERM MILITARY READINESS AND RELATED INDUSTRIAL INFRASTRUCTURE.

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

a study analyzing in detail—

(1) the amount and sources of parts, components, and materials of the systems described in subsection (b) that are obtained

from foreign sources;

(2) the impact of obtaining such parts, components, and

materials from foreign sources on the long-term readiness of the

Armed Forces and on the economic viability of the national

technology and industrial base;

(3) the impact on military readiness that would result from

the loss of the ability to obtain parts, components, and materials identified pursuant to paragraph (1) from foreign sources;

and

(4) the availability of domestic sources for parts, components, and materials identified as being obtained from foreign

sources pursuant to paragraph (1).

(b) SYSTEMS.—The systems referred to in subsection (a) are the

following:

(1) AH–64D Apache helicopter.

(2) F/A–18 E/F aircraft.

(3) M1A2 Abrams tank.

(4) AIM–120 AMRAAM missile.

(5) Patriot missile ground station.

(6) Hellfire missile.

(c) SOURCE OF INFORMATION.—The Secretary shall collect information to be analyzed under the study from prime contractors and

first and second tier subcontractors.

(d) REPORT REQUIRED.—Not later than one year after the date

of the enactment of this Act, the Secretary shall submit to Congress

a report describing the results of the study required by this section.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘domestic source’’ means a person or organization that falls within the term ‘‘national technology and indusVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00263 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.091 pfrm03 PsN: HR945
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trial base’’, as defined in section 2500(1) of title 10, United

States Code.

(2) The term ‘‘foreign source’’ means a person or organization that does not fall within the meaning of the term ‘‘national

technology and industrial base’’, as defined in such section.

(3) The term ‘‘national technology and industrial base’’ has

the meaning given that term in such section.

SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF

COMMERCIAL ACTIVITIES.

(a) GAO-CONVENED PANEL.—The Comptroller General shall

convene a panel of experts to study the policies and procedures governing the transfer of commercial activities for the Federal Government from Government personnel to a Federal contractor,

including—

(1) procedures for determining whether functions should

continue to be performed by Government personnel;

(2) procedures for comparing the costs of performance of

functions by Government personnel and the costs of performance of such functions by Federal contractors;

(3) implementation by the Department of Defense of the

Federal Activities Inventory Reform Act of 1998 (Public Law

105–270; 31 U.S.C. 501 note); and

(4) procedures of the Department of Defense for public-private competitions pursuant to the Office of Management and

Budget Circular A–76.

(b) COMPOSITION OF PANEL.—(1) The Comptroller General shall

appoint highly qualified and knowledgeable persons to serve on the

panel and shall ensure that the following entities receive fair representation on the panel:

(A) The Department of Defense.

(B) Persons in private industry.

(C) Federal labor organizations.

(D) The Office of Management and Budget.

(2) For the purposes of the requirement for fair representation

under paragraph (1), persons serving on the panel under subparagraph (C) of that paragraph shall not be counted as persons serving

on the panel under subparagraph (A), (B), or (D) of that paragraph.

(c) CHAIRMAN.—The Comptroller General, or an individual

within the General Accounting Office designated by the Comptroller

General, shall be the chairman of the panel.

(d) PARTICIPATION BY OTHER INTERESTED PARTIES.—The chairman shall ensure that all interested parties, including individuals

who are not represented on the panel who are officers or employees

of the United States, persons in private industry, or representatives

of Federal labor organizations, have the opportunity to submit information and views on the matters being studied by the panel.

(e) INFORMATION FROM AGENCIES.—The panel may request directly from any department or agency of the United States any information that the panel considers necessary to carry out a meaningful study of the policies and procedures described in subsection

(a), including the Office of Management and Budget Circular A–76

process. To the extent consistent with applicable laws and regulations, the head of such department or agency shall furnish the requested information to the panel.

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(f) REPORT.—Not later than May 1, 2002, the Comptroller General shall submit the report of the panel on the results of the study

to Congress, including recommended changes with respect to implementation of policies and enactment of legislation.

(g) DEFINITION.—In this section, the term ‘‘Federal labor organization’’ has the meaning given the term ‘‘labor organization’’ in

section 7103(a)(4) of title 5, United States Code.

SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING

IN MILITARY CONSTRUCTION CONTRACTS.

(a) STUDY REQUIRED.—The Comptroller General of the United

States shall conduct a study regarding the use of the practice known

as ‘‘contract bundling’’ with respect to military construction contracts.

(b) REPORT.—Not later than February 1, 2001, the Comptroller

General shall submit to the committees on Armed Services of the

Senate and the House of Representatives a report on the results of

the study conducted under subsection (a).

SEC. 834. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.

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

comprehensive study on the practice known as ‘‘contract bundling’’

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

small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals,

small business concerns owned and controlled by women, and historically underutilized business zones (as such terms are used in the

Small Business Act (15 U.S.C. 631 et seq.)).

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

study to the Committees on Armed Services and Small Business of

the Senate and the House of Representatives before submission of

the budget request of the Department of Defense for fiscal year 2002.

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.

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.

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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 future-years 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.

Subtitle A—Duties and Functions of

Department of Defense Officers

SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE ACTIVITIES FOR COMBATING TERRORISM.

Section 138(b) of title 10, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(6)(A) One of the Assistant Secretaries, as designated by the

Secretary of Defense from among those Assistant Secretaries with

responsibilities that include responsibilities related to combating

terrorism, shall have, among that Assistant Secretary’s duties, the

duty to provide overall direction and supervision for policy, program

planning and execution, and allocation and use of resources for the

activities of the Department of Defense for combating terrorism, including antiterrorism activities, counterterrorism activities, terrorism consequences management activities, and terrorism-related

intelligence support activities.

‘‘(B) The Assistant Secretary designated under subparagraph

(A) shall be the principal civilian adviser to the Secretary of Defense

on combating terrorism and (after the Secretary and Deputy Secretary) shall be the principal official within the senior management

of the Department of Defense responsible for combating terrorism.

‘‘(C) If the Secretary of Defense designates under subparagraph

(A) an Assistant Secretary other than the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, then the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict related to combating terrorism

shall be exercised subject to subparagraph (B).’’.

SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE HEADQUARTERS, MARINE CORPS.

(a) INSTITUTION OF POSITIONS AS DEPUTY COMMANDANTS.—

Section 5041(b) of title 10, United States Code, is amended—

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(1) by striking paragraphs (3) through (5) and inserting the

following:

‘‘(3) The Deputy Commandants.’’; and

(2) by redesignating paragraphs (6) and (7) as paragraphs

(4) and (5), respectively.

(b) DESIGNATION OF DEPUTY COMMANDANTS.—(1) Section 5045

of such title is amended to read as follows:

‘‘§ 5045. Deputy Commandants

‘‘There are in the Headquarters, Marine Corps, not more than

five Deputy Commandants, detailed by the Secretary of the Navy

from officers on the active-duty list of the Marine Corps.’’.

(2) The item relating to section 5045 in the table of sections at

the beginning of chapter 506 of such title is amended to read as follows:

‘‘5045. Deputy Commandants.’’.

(c) CONFORMING AMENDMENT.—Section 1502(7)(D) of the

Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401) is

amended to read as follows:

‘‘(D) the Deputy Commandant of the Marine Corps

with responsibility for personnel matters.’’.

SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GENERAL AUTHORITIES UNDER MILITARY WHISTLEBLOWER LAW.

(a) CLARIFICATION OF RESPONSIBILITIES.—Subsection (c)(3)(A)

of section 1034 of title 10, United States Code, is amended by inserting ‘‘, in accordance with regulations prescribed under subsection

(h),’’ after ‘‘shall expeditiously determine’’.

(b) REDEFINITION OF INSPECTOR GENERAL.—Subsection (i)(2) of

such section is amended—

(1) by inserting ‘‘any of’’ in the matter preceding subparagraph (A) after ‘‘means’’;

(2) by striking subparagraphs (C), (D), (E), (F) and (G);

and

(3) by inserting after subparagraph (B) the following new

subparagraph (C):

‘‘(C) Any officer of the armed forces or employee of the

Department of Defense who is assigned or detailed to serve

as an Inspector General at any level in the Department of

Defense.’’.

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.

(a) IN GENERAL.—(1) Chapter 139 of title 10, United States

Code, is amended by inserting after section 2358 the following new

section:

‘‘§ 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

‘‘(a) POLICY.—Each official specified in subsection (b) shall ensure that the management and conduct of the science and techVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00267 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.093 pfrm03 PsN: HR945
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nology programs under the authority of that official are carried out

in a manner that will foster the transition of science and technology

to higher levels of research, development, test, and evaluation.

‘‘(b) COVERED OFFICIALS.—Subsection (a) applies to the following officials of the Department of Defense:

‘‘(1) The Under Secretary of Defense for Acquisition, Technology, and Logistics.

‘‘(2) The Secretary of each military department.

‘‘(3) The Director of the Defense Advanced Research Projects

Agency.

‘‘(4) The directors and heads of other offices and agencies

of the Department of Defense with assigned research, development, test, and evaluation responsibilities.’’.

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

amended by inserting after the item relating 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.’’.

(b) OFFICE OF NAVAL RESEARCH.—Section 5022(b) of title 10,

United States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3) and

inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(4) the execution of, and management responsibility for,

programs for which funds are provided in the basic and applied research and advanced technology categories of the Department of the Navy research, development, test, and evaluation budget in such a manner that will 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.

(a) ADDITIONAL COMPONENTS.—Section 153(d)(1) of title 10,

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

new subparagraphs:

‘‘(C) A description of the extent to which the most recent future-years defense program (under section 221 of this title) addresses the requirements on the consolidated lists.

‘‘(D) A description of the funding proposed in the President’s budget for the next fiscal year, and for the subsequent fiscal years covered by the most recent future-years defense program, to address each deficiency in readiness identified during

the joint readiness review conducted under section 117 of this

title for the first quarter of the current fiscal year.’’.

(b) TIME FOR SUBMISSION.—Such section is further amended by

striking ‘‘Not later than August 15 of each year,’’ and inserting ‘‘At

or about the time that the budget is submitted to Congress for a fiscal year under section 1105(a) of title 31,’’.

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Subtitle B—Department of Defense

Organizations

SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION.

(a) IN GENERAL.—Chapter 108 of title 10, United States Code,

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

‘‘§ 2166. Western Hemisphere Institute for Security Cooperation

‘‘(a) ESTABLISHMENT AND ADMINISTRATION.—(1) The Secretary

of Defense may operate an education and training facility for the

purpose set forth in subsection (b). The facility shall be known as

the ‘Western Hemisphere Institute for Security Cooperation’.

‘‘(2) The Secretary may designate the Secretary of a military department as the Department of Defense executive agent for carrying

out the responsibilities of the Secretary of Defense under this section.

‘‘(b) PURPOSE.—The purpose of the Institute is to provide professional education and training to eligible personnel of nations of the

Western Hemisphere within the context of the democratic principles

set forth in the Charter of the Organization of American States

(such charter being a treaty to which the United States is a party),

while fostering mutual knowledge, transparency, confidence, and cooperation among the participating nations and promoting democratic values, respect for human rights, and knowledge and understanding of United States customs and traditions.

‘‘(c) ELIGIBLE PERSONNEL.—(1) Subject to paragraph (2), personnel of nations of the Western Hemisphere are eligible for education and training at the Institute as follows:

‘‘(A) Military personnel.

‘‘(B) Law enforcement personnel.

‘‘(C) Civilian personnel.

‘‘(2) The Secretary of State shall be consulted in the selection of

foreign personnel for education or training at the Institute.

‘‘(d) CURRICULUM.—(1) The curriculum of the Institute shall include mandatory instruction for each student, for at least 8 hours,

on human rights, the rule of law, due process, civilian control of the

military, and the role of the military in a democratic society.

‘‘(2) The curriculum may include instruction and other educational and training activities on the following:

‘‘(A) Leadership development.

‘‘(B) Counterdrug operations.

‘‘(C) Peace support operations.

‘‘(D) Disaster relief.

‘‘(E) Any other matter that the Secretary determines appropriate.

‘‘(e) BOARD OF VISITORS.—(1) There shall be a Board of Visitors

for the Institute. The Board shall be composed of the following:

‘‘(A) The chairman and ranking minority member of the

Committee on Armed Services of the Senate, or a designee of either of them.

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‘‘(B) The chairman and ranking minority member of the

Committee on Armed Services of the House of Representatives,

or a designee of either of them.

‘‘(C) Six persons designated by the Secretary of Defense including, to the extent practicable, persons from academia and

the religious and human rights communities.

‘‘(D) One person designated by the Secretary of State.

‘‘(E) The senior military officer responsible for training and

doctrine for the Army or, if the Secretary of the Navy or the Secretary of the Air Force is designated as the executive agent of

the Secretary of Defense under subsection (a)(2), the senior military officer responsible for training and doctrine for the Navy

or Marine Corps or for the Air Force, respectively, or a designee

of the senior military officer concerned.

‘‘(F) The commander of the unified combatant command

having geographic responsibility for Latin America, or a designee of that officer.

‘‘(2) A vacancy in a position on the Board shall be filled in the

same manner as the position was originally filled.

‘‘(3) The Board shall meet at least once each year.

‘‘(4)(A) The Board shall inquire into the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of

the Institute, other matters relating to the Institute that the Board

decides to consider, and any other matter that the Secretary of Defense determines appropriate.

‘‘(B) The Board shall review the curriculum of the Institute to

determine whether—

‘‘(i) the curriculum complies with applicable United States

laws and regulations;

‘‘(ii) the curriculum is consistent with United States policy

goals toward Latin America and the Caribbean;

‘‘(iii) the curriculum adheres to current United States doctrine; and

‘‘(iv) the instruction under the curriculum appropriately

emphasizes the matters specified in subsection (d)(1).

‘‘(5) Not later than 60 days after its annual meeting, the Board

shall submit to the Secretary of Defense a written report of its activities and of its views and recommendations pertaining to the Institute.

‘‘(6) Members of the Board shall not be compensated by reason

of service on the Board.

‘‘(7) With the approval of the Secretary of Defense, the Board

may accept and use the services of voluntary and uncompensated

advisers appropriate to the duties of the Board without regard to

section 1342 of title 31.

‘‘(8) Members of the Board and advisers whose services are accepted under paragraph (7) shall be allowed travel and transportation expenses, including per diem in lieu of subsistence, while

away from their homes or regular places of business in the performance of services for the Board. Allowances under this paragraph

shall be computed—

‘‘(A) in the case of members of the Board who are officers

or employees of the United States, at rates authorized for emVerDate 11-MAY-2000 01:41 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00270 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.093 pfrm03 PsN: HR945
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ployees of agencies under subchapter I of chapter 57 of title 5;

and

‘‘(B) in the case of other members of the Board and advisers, as authorized under section 5703 of title 5 for employees

serving without pay.

‘‘(9) The Federal Advisory Committee Act (5 U.S.C. App. 2),

other than section 14 (relating to termination after two years), shall

apply to the Board.

‘‘(f) FIXED COSTS.—The fixed costs of operating and maintaining the Institute for a fiscal year may be paid from—

‘‘(1) any funds available for that fiscal year for operation

and maintenance for the executive agent designated under subsection (a)(2); or

‘‘(2) if no executive agent is designated under subsection

(a)(2), any funds available for that fiscal year for the Department of Defense for operation and maintenance for Defensewide activities.

‘‘(g) TUITION.—Tuition fees charged for persons who attend the

Institute may not include the fixed costs of operating and maintaining the Institute.

‘‘(h) ANNUAL REPORT.—Not later than March 15 of each year,

the Secretary of Defense shall submit to Congress a detailed report

on the activities of the Institute during the preceding year. The report shall be prepared in consultation with the Secretary of State.’’.

(b) REPEAL OF AUTHORITY FOR UNITED STATES ARMY SCHOOL

OF THE AMERICAS.—Section 4415 of title 10, United States Code, is

repealed.

(c) CLERICAL AMENDMENTS.—(1) The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended

by inserting after the item relating to section 2165 the following new

item:

‘‘2166. Western Hemisphere Institute for Security Cooperation.’’.

(2) The table of sections at the beginning of chapter 407 of such

title is amended by striking the item relating to section 4415.

SEC. 912. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES.

(a) REQUIREMENT FOR ANNUAL REPORT.—(1) Chapter 7 of title

10, United States Code, is amended by adding at the end the following new section:

‘‘§ 184. Department of Defense regional centers for security

studies

‘‘(a) ADVANCE NOTIFICATION TO CONGRESS OF THE ESTABLISHMENT OF NEW REGIONAL CENTERS.—After the date of the enactment

of this section, a regional center for security studies may not be established in the Department of Defense until—

‘‘(1) the Secretary of Defense submits to Congress a notification of the intent of the Secretary to establish the center, including a description of the mission and functions of the proposed

center and a justification for the proposed center; and

‘‘(2) a period of 90 days has elapsed after the date on which

that notification is submitted.

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‘‘(b) REQUIREMENT FOR ANNUAL REPORT.—Not later than February 1 of each year, the Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report on the operation of the Department of Defense regional centers for security

studies during the preceding fiscal year. The annual report shall include, for each regional center, the following information:

‘‘(1) The status and objectives of the center.

‘‘(2) The budget of the center, including the costs of operating the center.

‘‘(3) A description of the extent of the international participation in the programs of the center, including the costs incurred by the United States for the participation of each foreign

nation.

‘‘(4) A description of the foreign gifts and donations, if any,

accepted under any of the following provisions of law:

‘‘(A) Section 2611 of this title.

‘‘(B) Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 108

Stat. 2892).

‘‘(C) Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110

Stat. 2653; 10 U.S.C. 113 note).

‘‘(c) REGIONAL CENTER FOR SECURITY STUDIES DEFINED.—For

the purposes of this section, a regional center for security studies is

any center within the Department of Defense that—

‘‘(1) is operated, and designated as such, by the Secretary

of Defense for the study of security issues relating to a specified

geographic region of the world; and

‘‘(2) serves as a forum for bilateral and multilateral communication and military and civilian exchanges with nations in

that region.’’.

(2) The table of sections at the beginning of chapter 7 of such

title is amended by adding at the end the following new item:

‘‘184. Department of Defense regional centers for security studies.’’.

(b) FIRST ANNUAL REPORT.—In the first annual report on Department of Defense regional centers for security studies under section 184(b) of title 10, United States Code (as added by subsection

(a)), to be submitted not later than February 1, 2001, the Secretary

of Defense shall include any recommendation for legislation that the

Secretary considers appropriate for the operation of Department of

Defense regional centers for security studies, together with a detailed justification for the recommended legislation.

SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO

JOINT FORCES STAFF COLLEGE.

(a) CHANGE IN NAME.—The Armed Forces Staff College of the

Department of Defense is hereby renamed the ‘‘Joint Forces Staff

College’’.

(b) CONFORMING AMENDMENT.—Section 2165(b)(3) of title 10,

United States Code, is amended by striking ‘‘Armed Forces Staff

College’’ and inserting ‘‘Joint Forces Staff College’’.

(c) REFERENCES.—Any reference to the Armed Forces Staff College in any law, regulation, map, document, record, or other paper

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of the United States shall be considered to be a reference to the

Joint Forces Staff College.

SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER HOUSES.

(a) BASE OPERATING SUPPORT.—Section 2493 of title 10, United

States Code, is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

‘‘(f) SPECIAL AUTHORITY FOR NAVY.—The Secretary of the Navy

shall provide base operating support for Fisher Houses associated

with health care facilities of the Navy. The level of the support shall

be equivalent to the base operating support that the Secretary provides for morale, welfare, and recreation category B community activities (as defined in regulations, prescribed by the Secretary, that

govern morale, welfare, and recreation activities associated with

Navy installations).’’.

(b) SAVINGS PROVISIONS FOR CERTAIN NAVY EMPLOYEES.—(1)

The Secretary of the Navy may continue to employ, and pay out of

appropriated funds, any employee of the Navy in the competitive

service who, as of October 17, 1998, was employed by the Navy in

a position at a Fisher House administered by the Navy, but only for

so long as the employee is continuously employed in that position.

(2) After a person vacates a position in which the person was

continued to be employed under the authority of paragraph (1), a

person employed in that position shall be employed as an employee

of a nonappropriated fund instrumentality of the United States and

may not be paid for services in that position out of appropriated

funds.

(3) In this subsection:

(A) The term ‘‘Fisher House’’ has the meaning given the

term in section 2493(a)(1) of title 10, United States Code.

(B) The term ‘‘competitive service’’ has the meaning given

the term in section 2102 of title 5, United States Code.

(c) EFFECTIVE DATE.—(1) The amendments made by subsection

(a) shall be effective as of October 17, 1998, as if included in section

2493 of title 10, United States Code, as enacted by section 906(a)

of Public Law 105–261.

(2) Subsection (b) applies with respect to the pay period that includes October 17, 1998, and subsequent pay periods.

SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT

HOME BOARD BY SECRETARY OF DEFENSE.

The Armed Forces Retirement Home Act of 1991 (title XV of

Public Law 101–510; 24 U.S.C. 401 et seq.) is amended by inserting

after section 1523 the following new section:

‘‘SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT

HOME BOARD BY SECRETARY OF DEFENSE.

‘‘(a) APPLICABILITY.—This section shall apply only when the deduction authorized by section 1007(i)(1) of title 37, United States

Code, to be made from the monthly pay of certain members of the

armed forces is equal to $1.00 for each enlisted member, warrant officer, and limited duty officer of the armed forces on active duty.

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‘‘(b) BOARD AUTHORITY SUBJECT TO SECRETARY’S CONTROL.—

The Retirement Home Board shall be subject to the authority, direction, and control of the Secretary of Defense in the performance of

the Board’s duties under section 1516.

‘‘(c) APPOINTMENT OF BOARD MEMBERS.—When an appointment

of a member of the Retirement Home Board under section 1515 is

not made by the Secretary of Defense, the appointment shall be subject to the approval of the Secretary of Defense.

‘‘(d) TERMS OF BOARD MEMBERS.—(1) Notwithstanding section

1515(e)(3), only the Secretary of Defense may appoint a member of

the Retirement Home Board for a second consecutive term.

‘‘(2) The Secretary of Defense may terminate the appointment of

a member of the Retirement Home Board at the pleasure of the Secretary.

‘‘(e) RESPONSIBILITY OF CHAIRMAN TO THE SECRETARY.—Notwithstanding section 1515(d)(1)(B), the chairman of the Retirement

Home Board shall be responsible to the Secretary of Defense, but not

to the Secretaries of the military departments, for direction and

management of the Retirement Home or each facility maintained as

a separate facility of the Retirement Home.’’.

SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT COUNCIL REFORM INITIATIVE.

(a) SEMIANNUAL REPORT.—The Chairman of the Joints Chiefs

of Staff shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of Representatives a series of five semiannual reports, as prescribed by

subsection (b), on the activities of the Joint Requirements Oversight

Council. The principal focus of each such report shall be on the

progress made on the initiative of the Chairman to reform and

refocus the Joint Requirements Oversight Council.

(b) SUBMISSION OF REPORTS.—Reports under this section shall

be submitted not later than March 1, 2001, September 1, 2001,

March 1, 2002, September 1, 2002, and March 1, 2003. Each report

shall cover the half of a fiscal year that ends five months before the

date on which the report is due.

(c) CONTENT.—In the case of any report under this section after

the first such report, if any matter to be included is unchanged from

the preceding report, that matter may be included by reference to the

preceding report. Each such report shall include, to the extent practicable, the following:

(1) A listing of each of the capability areas designated by

the Chairman of the Joints Chiefs of Staff as being within the

principal domain of the Joint Requirements Oversight Council

and a justification for each such designation.

(2) A listing of the joint requirements developed, considered,

or approved within each of the capability areas listed pursuant

to paragraph (1).

(3) A listing and explanation of the decisions made by the

Joint Requirements Oversight Council and, to the extent appropriate, a listing of each of the recommendations to the Council

made by the commander of the United States Joint Forces Command.

(4) An assessment of—

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(A) the progress made in shifting the Joint Requirements Oversight Council to having a more strategic focus

on future war fighting requirements;

(B) the progress made on integration of requirements;

and

(C) the progress made on development of overarching

common architectures for defense information systems to

ensure that common defense information systems are fully

interoperable.

(5) A description of any actions that have been taken to improve the Joint Requirements Oversight Council.

SEC. 917. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE LOGISTICS AGENCY.

(a) COMPTROLLER GENERAL REVIEW REQUIRED.—The Comptroller General shall review the operations of the Defense Logistics

Agency—

(1) to assess—

(A) the efficiency of those operations;

(B) the effectiveness of those operations in meeting customer requirements; and

(C) the flexibility of those operation to adopt best business practices; and

(2) to identify alternative approaches for improving the operations of that agency.

(b) REPORT.—Not later than February 1, 2002, the Comptroller

General shall submit to the Committees on Armed Services of the

Senate and the House of Representatives one or more reports setting

forth the Comptroller General’s findings resulting from the review

under subsection (a).

SEC. 918. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF DEFENSE INFORMATION SYSTEMS AGENCY.

(a) COMPTROLLER GENERAL REVIEW REQUIRED.—The Comptroller General shall review the operations of the Defense Information Systems Agency—

(1) to assess—

(A) the efficiency of those operations;

(B) the effectiveness of those operations in meeting customer requirements; and

(C) the flexibility of those operations to adopt best business practices; and

(2) to identify alternative approaches for improving the operations of that agency.

(b) REPORT.—Not later than February 1, 2002, the Comptroller

General shall submit to the Committees on Armed Services of the

Senate and the House of Representatives one or more reports setting

forth the Comptroller General’s findings resulting from the review

under subsection (a).

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Subtitle C—Information Security

SEC. 921. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND INFORMATION PROTECTION.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish

an Institute for Defense Computer Security and Information Protection.

(b) MISSION.—The Secretary shall require the institute—

(1) to conduct research and technology development that is

relevant to foreseeable computer and network security requirements and information assurance requirements of the Department of Defense with a principal focus on areas not being carried out by other organizations in the private or public sector;

and

(2) to facilitate the exchange of information regarding

cyberthreats, technology, tools, and other relevant issues.

(c) CONTRACTOR OPERATION.—The Secretary shall enter into a

contract with a not-for-profit entity, or a consortium of not-for-profit

entities, to organize and operate the institute. The Secretary shall

use competitive procedures for the selection of the contractor to the

extent determined necessary by the Secretary.

(d) FUNDING.—Of the amount authorized to be appropriated by

section 301(5), $5,000,000 shall be available for the Institute for Defense Computer Security and Information Protection.

(e) REPORT.—Not later than April 1, 2001, the Secretary shall

submit to the congressional defense committees the Secretary’s plan

for implementing this section.

SEC. 922. INFORMATION SECURITY SCHOLARSHIP PROGRAM.

(a) ESTABLISHMENT OF PROGRAM.—(1) Part III of subtitle A of

title 10, United States Code, is amended by adding at the end the

following new chapter:

‘‘CHAPTER 112—INFORMATION SECURITY 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.

‘‘§ 2200. Programs; purpose

‘‘(a) IN GENERAL.—To encourage the recruitment and retention

of Department of Defense personnel who have the computer and network security skills necessary to meet Department of Defense information assurance requirements, the Secretary of Defense may carry

out programs in accordance with this chapter to provide financial

support for education in disciplines relevant to those requirements

at institutions of higher education.

‘‘(b) TYPES OF PROGRAMS.—The programs authorized under this

chapter are as follows:

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‘‘(1) Scholarships for pursuit of programs of education in

information assurance at institutions of higher education.

‘‘(2) Grants to institutions of higher education.

‘‘§ 2200a. Scholarship program

‘‘(a) AUTHORITY.—The Secretary of Defense may, subject to subsection (g), provide financial assistance in accordance with this section to a person—

‘‘(1) who is pursuing an associate, baccalaureate, or advanced degree, or a certification, in an information assurance

discipline referred to in section 2200(a) of this title at an institution of higher education; and

‘‘(2) who enters into an agreement with the Secretary as described in subsection (b).

‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP RECIPIENTS.—(1)

To receive financial assistance under this section—

‘‘(A) a member of the armed forces shall enter into an agreement to serve on active duty in the member’s armed force for the

period of obligated service determined under paragraph (2);

‘‘(B) an employee of the Department of Defense shall enter

into an agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2); and

‘‘(C) a person not referred to in subparagraph (A) or (B)

shall enter into an agreement—

‘‘(i) to enlist or accept a commission in one of the

armed forces and to serve on active duty in that armed

force for the period of obligated service determined under

paragraph (2); or

‘‘(ii) to accept and continue employment in the Department of Defense for the period of obligated service determined under paragraph (2).

‘‘(2) For the purposes of this subsection, the period of obligated

service for a recipient of financial assistance under this section shall

be the period determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for the financial assistance and otherwise to achieve the goals set forth in section

2200(a) of this title. In no event may the period of service required

of a recipient be less than the period equal to three-fourths of the

total period of pursuit of a degree for which the Secretary agrees to

provide the recipient with financial assistance under this section.

The period of obligated service is in addition to any other period for

which the recipient is obligated to serve on active duty or in the civil

service, as the case may be.

‘‘(3) An agreement entered into under this section by a person

pursuing an academic degree shall include terms that provide the

following:

‘‘(A) That the period of obligated service begins on a date

after the award of the degree that is determined under the regulations prescribed under section 2200d of this title.

‘‘(B) That the person will maintain satisfactory academic

progress, as determined in accordance with those regulations,

and that failure to maintain such progress constitutes grounds

248

for termination of the financial assistance for the person under

this section.

‘‘(C) Any other terms and conditions that the Secretary of

Defense determines appropriate for carrying out this section.

‘‘(c) AMOUNT OF ASSISTANCE.—The amount of the financial assistance provided for a person under this section shall be the

amount determined by the Secretary of Defense as being necessary

to pay all educational expenses incurred by that person, including

tuition, fees, cost of books, laboratory expenses, and expenses of

room and board. The expenses paid, however, shall be limited to

those educational expenses normally incurred by students at the institution of higher education involved.

‘‘(d) USE OF ASSISTANCE FOR SUPPORT OF INTERNSHIPS.—The

financial assistance for a person under this section may also be provided to support internship activities of the person at the Department of Defense in periods between the academic years leading to

the degree for which assistance is provided the person under this

section.

‘‘(e) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.—

(1) A person who voluntarily terminates service before the end of the

period of obligated service required under an agreement entered into

under subsection (b) shall refund to the United States an amount

determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title.

‘‘(2) An obligation to reimburse the United States imposed

under paragraph (1) is for all purposes a debt owed to the United

States.

‘‘(3) The Secretary of Defense may waive, in whole or in part,

a refund required under paragraph (1) if the Secretary determines

that recovery would be against equity and good conscience or would

be contrary to the best interests of the United States.

‘‘(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—A discharge in

bankruptcy under title 11 that is entered less than five years after

the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under

such agreement or under subsection (e).

‘‘(g) ALLOCATION OF FUNDING.—Not less than 50 percent of the

amount available for financial assistance under this section for a

fiscal year shall be available only for providing financial assistance

for the pursuit of degrees referred to in subsection (a) at institutions

of higher education that have established, improved, or are administering programs of education in information assurance under the

grant program established in section 2200b of this title, as determined by the Secretary of Defense.

‘‘§ 2200b. Grant program

‘‘(a) AUTHORITY.—The Secretary of Defense may provide grants

of financial assistance to institutions of higher education to support

the establishment, improvement, or administration of programs of

education in information assurance disciplines referred to in section

2200(a) of this title.

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‘‘(b) PURPOSES.—The proceeds of grants under this section may

be used by an institution of higher education for the following purposes:

‘‘(1) Faculty development.

‘‘(2) Curriculum development.

‘‘(3) Laboratory improvements.

‘‘(4) Faculty research in information security.

‘‘§ 2200c. Centers of Academic Excellence in Information Assurance Education

‘‘In the selection of a recipient for the award of a scholarship

or grant under this chapter, consideration shall be given to

whether—

‘‘(1) in the case of a scholarship, the institution at which

the recipient pursues a degree is a Center of Academic Excellence in Information Assurance Education; and

‘‘(2) in the case of a grant, the recipient is a Center of Academic Excellence in Information Assurance Education.

‘‘§ 2200d. Regulations

‘‘The Secretary of Defense shall prescribe regulations for the administration of this chapter.

‘‘§ 2200e. Definitions

‘‘In this chapter:

‘‘(1) The term ‘information assurance’ includes the following:

‘‘(A) Computer security.

‘‘(B) Network security.

‘‘(C) Any other information technology that the Secretary of Defense considers related to information assurance.

‘‘(2) The term ‘institution of higher education’ has the

meaning given the term in section 101 of the Higher Education

Act of 1965 (20 U.S.C. 1001).

‘‘(3) The term ‘Center of Academic Excellence in Information Assurance Education’ means an institution of higher education that is designated by the Director of the National Security Agency as a Center of Academic Excellence in Information

Assurance Education.

‘‘§ 2200f. Inapplicability to Coast Guard

‘‘This chapter does not apply to the Coast Guard when it is not

operating as a service in the Navy.’’.

(2) The tables of chapters at the beginning of subtitle A of title

10, United States Code, and the beginning of part III of such subtitle are amended by inserting after the item relating to chapter 111

the following new item:

‘‘112. Information Security Scholarship Program ............................................... 2200’’.

(b) FUNDING.—Of the amount authorized to be appropriated by

section 301(5), $15,000,000 shall be available for carrying out chapter 112 of title 10, United States Code (as added by subsection (a)).

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(c) REPORT.—Not later than April 1, 2001, the Secretary of Defense shall submit to the congressional defense committees a plan

for implementing the programs under chapter 112 of title 10, United

States Code.

Subtitle D—Reports

SEC. 931. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN

EQUIPMENT PROCUREMENT AND MILITARY CONSTRUCTION FOR THE RESERVE COMPONENTS IN FUTURE-YEARS

DEFENSE PROGRAMS.

Section 10543(c) of title 10, United States Code, is amended by

adding at the end the following new paragraph:

‘‘(3) A report required under paragraph (1) for a fiscal year

shall be submitted not later than 15 days after the date on which

the President submits to Congress the budget for such fiscal year

under section 1105(a) of title 31.’’.

SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO LEGISLATIVE LIAISON FUNCTIONS.

(a) REPORT.—Not later than December 1, 2000, the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of Representatives a report setting forth the number of personnel of the Department of Defense performing legislative liaison functions as of

April 1, 2000.

(b) MATTERS TO BE INCLUDED.—The report shall include the

following:

(1) The number of military and civilian personnel of the

Department of Defense assigned to full-time legislative liaison

functions, shown by organizational entity and by pay grade.

(2) The number of military and civilian personnel of the

Department not covered by paragraph (1) (other than personnel

described in subsection (e)) who perform legislative liaison functions as part of their assigned duties, shown by organizational

entity and by pay grade.

(c) LEGISLATIVE LIAISON FUNCTIONS.—For purposes of this section, a legislative liaison function is a function (regardless of how

characterized within the Department of Defense) that has been established or designated to principally provide advice, information,

and assistance to the legislative branch on Department of Defense

policies, plans, and programs.

(d) ORGANIZATIONAL ENTITIES.—The display of information

under subsection (b) by organizational entity shall be for the Department of Defense and for each military department as a whole

and separately for each organization at the level of major command

or Defense Agency or higher.

(e) PERSONNEL NOT COVERED.—Subsection (b)(2) does not apply

to civilian officers appointed by the President, by and with the advice and consent of the Senate, or to general or flag officers.

SEC. 933. JOINT REPORT ON ESTABLISHMENT OF NATIONAL COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.

(a) REPORT.—Not later than March 1, 2000, the Secretary of

Defense and the Director of Central Intelligence shall submit to the

congressional defense committees and the congressional intelligence

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committees a joint report assessing alternatives for the establishment of a national collaborative information analysis capability.

The report shall include the following:

(1) An assessment of alternative architectures to establish a

national collaborative information analysis capability to conduct data mining and profiling of information from a wide

array of electronic data sources.

(2) Identification, from among the various architectures assessed under paragraph (1), of the preferred architecture and a

detailed description of that architecture and of a program to acquire and implement the capability that would be provided

through that architecture.

(3) A detailed explanation of how the personal information

resulting from the data mining and profiling capability developed under the preferred architecture will be employed consistent with the requirements of section 552a of title 5, United

States Code

(b) COMPLETION AND USE OF ARMY LAND INFORMATION WAR- FARE ACTIVITY.—The Secretary of Defense—

(1) shall ensure that the data mining, profiling, and analysis capability of the Army’s Land Information Warfare Activity

is completed and is fully operational as soon as possible; and

(2) shall make appropriate use of that capability to provide

support to all appropriate national defense components.

SEC. 934. NETWORK CENTRIC WARFARE.

(a) FINDINGS.—Congress makes the following findings:

(1) Joint Vision 2020 set the goal for the Department of Defense to pursue information superiority in order that joint forces

may possess superior knowledge and attain decision superiority

during operations across the spectrum of conflict.

(2) One concept being pursued to attain information superiority is known as Network Centric Warfare. The concept of Network Centric Warfare links sensors, communications systems

and weapons systems in an interconnected grid that allows for

a seamless information flow to warfighters, policy makers, and

support personnel.

(3) The Joint Staff, the Defense Agencies, and the military

departments are all pursuing various concepts related to Network Centric Warfare.

(b) GOAL.—It shall be the goal of Department of Defense to fully

coordinate various efforts being pursued by the Joint Staff, the Defense Agencies, and the military departments as they develop the

concept of Network Centric Warfare.

(c) REPORT ON NETWORK CENTRIC WARFARE.—(1) The Secretary

of Defense shall submit to the congressional defense committees a report on the development and implementation of network centric

warfare concepts within the Department of Defense. The report shall

be prepared in consultation with the Chairman of the Joint Chiefs

of Staff.

(2) The report shall include the following:

(A) A clear definition and terminology to describe the set of

operational concepts referred to as ‘‘network centric warfare’’.

(B) An identification and description of the current and

planned activities by the Office of the Secretary of Defense, the

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Joint Chiefs of Staff, and the United States Joint Forces Command relating to network centric warfare.

(C) A discussion of how the concept of network centric warfare is related to the strategy of transformation as outlined in

the document entitled ‘‘Joint Vision 2020’’, along with the advantages and disadvantages of pursing that concept.

(D) A discussion on how the Department is implementing

the concepts of network centric warfare as it relates to information superiority and decision superiority articulated in ‘‘Joint

Vision 2020.’’

(E) An identification and description of the current and

planned activities of each of the Armed Forces relating to network centric warfare.

(F) A discussion on how the Department plans to attain a

fully integrated, joint command, control, communications, computers, intelligence, surveillance, and reconnaissance (C4ISR)

capability.

(G) A description of the joint requirements under development that will lead to the acquisition of technologies for enabling network centric warfare and whether those joint requirements are modifying existing service requirements and vision

statements.

(H) A discussion of how Department of Defense activities to

establish a joint network centric capability are coordinated with

other departments and agencies of the United States and with

United States allies.

(I) A discussion of the coordination of the science and technology investments of the military departments and Defense

Agencies in the development of future joint network centric warfare capabilities.

(J) The methodology being used to measure progress toward stated goals.

(d) STUDY ON THE USE OF JOINT EXPERIMENTATION FOR DEVELOPING NETWORK CENTRIC WARFARE CONCEPTS.—(1) The Secretary of Defense shall conduct a study on the present and future

use of the joint experimentation program of the Department of Defense in the development of network centric warfare concepts.

(2) The Secretary shall submit to the congressional defense committees a report on the results of the study. The report shall include

the following:

(A) A survey of and description of how experimentation

under the joint experimentation at United States Joint Forces

Command is being used for evaluating emerging concepts in

network centric warfare.

(B) A survey of and description of how experimentation

under the joint experimentation of each of the armed services

are being used for evaluating emerging concepts in network centric warfare.

(C) A description of any emerging concepts and recommendations developed by those experiments, with special emphasis on force structure implications.

(3) The Secretary of Defense, acting through the Chairman of

the Joint Chief of Staff, shall designate the Commander in Chief of

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the United States Joint Forces Command to carry out the study and

prepare the report required under this subsection.

(e) TIME FOR SUBMISSION OF REPORTS.—Each report required

under this section shall be submitted not later than March 1, 2001.

SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECHNOLOGY.

(a) REPORT REQUIRED.—Not later than September 30, 2001, the

Secretary of the Air Force shall submit to the Committee on Armed

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

House of Representatives a report on the roles and missions, organizational structure, funding, and operations of the Air Force Institute

of Technology as projected through 2010.

(b) MATTERS TO BE INCLUDED.—The report shall provide—

(1) a statement of the Institute’s roles and missions through

2010 in meeting the critical scientific and educational requirements of the Air Force;

(2) a statement of the strategic priorities for the Institute in

meeting long-term core science and technology educational

needs of the Air Force; and

(3) a plan for the near-term increase in the production by

the Institute of masters and doctoral degree graduates.

(c) RECOMMENDATIONS TO BE PROVIDED.—Based on the matters determined for purposes of subsection (b), the report shall include recommendations of the Secretary of the Air Force with respect to the following:

(1) The grade of the Commandant of the Institute.

(2) The chain of command of the Commandant within the

Air Force.

(3) The employment and compensation of civilian professors

at the Institute.

(4) The processes for the identification of requirements for

personnel with advanced degrees within the Air Force and identification and selection of candidates for annual enrollment at

the Institute.

(5) Postgraduation opportunities within the Air Force for

graduates of the Institute.

(6) The policies and practices regarding the admission to

the Institute of—

(A) officers of the Army, Navy, Marine Corps, and

Coast Guard;

(B) employees of the Department of the Army, Department of the Navy, and Department of Transportation;

(C) personnel of the military forces of foreign countries;

(D) enlisted members of the Armed Forces; and

(E) other persons eligible for admission.

(7) Near- and long-term funding of the institute.

(8) Opportunities for cooperation, collaboration, and joint

endeavors with other military and civilian scientific and technical educational institutions for the production of qualified

personnel to meet Department of Defense scientific and technical requirements.

(d) CONSULTATION.—The report shall be prepared in consultation with the Chief of Staff of the Air Force and the Commander

of the Air Force Materiel Command.

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Subtitle E—Other Matters

SEC. 941. FLEXIBILITY IN IMPLEMENTATION OF LIMITATION ON

MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS ACTIVITIES PERSONNEL.

Section 130a of title 10, United States Code, is amended by

adding at the end the following new subsection:

‘‘(g) FLEXIBILITY.—(1) If during fiscal year 2001 or fiscal year

2002 the Secretary of Defense determines, and certifies to Congress,

that the limitation under subsection (a), or a limitation under subsection (b), would adversely affect United States national security,

the Secretary may take any of the following actions:

‘‘(A) Increase the percentage specified in subsection (b)(1) by

such amount as the Secretary determines necessary or waive the

limitation under that subsection.

‘‘(B) Increase the percentage specified in subsection (b)(2) by

such amount as the Secretary determines necessary, not to exceed a cumulative increase of 7.5 percentage points.

‘‘(C) Increase the percentage specified in subsection (a) by

such amount as the Secretary determines necessary, not to exceed a cumulative increase of 7.5 percentage points.

‘‘(2) Any certification under paragraph (1) shall include notice

of the specific waiver or increases made pursuant to the authority

provided in that paragraph.’’.

SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

(a) MERGER OF NAVAL HISTORICAL CENTER FUND INTO DEPARTMENT OF THE NAVY GENERAL GIFT FUND.—(1) The Secretary of

the Navy shall transfer all amounts in the Naval Historical Center

Fund maintained under section 7222 of title 10, United States Code,

to the Department of the Navy General Gift Fund maintained under

section 2601 of such title. Upon completing the transfer, the Secretary shall close the Naval Historical Center Fund.

(2) Amounts transferred to the Department of the Navy General

Gift Fund under this subsection shall be merged with other

amounts in that Fund and shall be available for the purposes for

which amounts in that Fund are available.

(b) CONSOLIDATION OF NAVAL ACADEMY GENERAL GIFT FUND

AND NAVAL ACADEMY MUSEUM FUND.—(1) The Secretary of the

Navy shall transfer all amounts in the United States Naval Academy Museum Fund established by section 6974 of title 10, United

States Code, to the gift fund maintained for the benefit and use of

the United States Naval Academy under section 6973 of such title.

Upon completing the transfer, the Secretary shall close the United

States Naval Academy Museum Fund.

(2) Amounts transferred under this subsection shall be merged

with other amounts in the gift fund to which transferred and shall

be available for the purposes for which amounts in that gift fund

are available.

(c) CONSOLIDATION AND REVISION OF AUTHORITIES FOR ACCEPTANCE OF GIFTS, BEQUESTS, AND LOANS FOR THE UNITED STATES

NAVAL ACADEMY.—(1) Subsection (a) of section 6973 of title 10,

United States Code, is amended—

(A) in the first sentence—

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(i) by striking ‘‘gifts and bequests of personal property’’

and inserting ‘‘any gift or bequest of personal property, and

may accept, hold, and administer any loan of personal

property other than money, that is’’; and

(ii) by inserting ‘‘or the Naval Academy Museum, its

collection, or its services’’ before the period at the end;

(B) in the second sentence, by striking ‘‘ ‘United States

Naval Academy general gift fund’ ’’ and inserting ‘‘ ‘United

States Naval Academy Gift and Museum Fund’ ’’; and

(C) in the third sentence, by inserting ‘‘(including the Naval

Academy Museum)’’ after ‘‘the Naval Academy’’.

(2) Such section is further amended—

(A) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(B) by inserting after subsection (a) the following new subsection (b):

‘‘(b) The Secretary shall prescribe written guidelines to be used

for determinations of whether the acceptance of money, any personal

property, or any loan of personal property under subsection (a)

would reflect unfavorably on the ability of the Department of the

Navy or any officer or employee of the Department of the Navy to

carry out responsibilities or duties in a fair and objective manner,

or would compromise either the integrity or the appearance of the

integrity of any program of the Department of the Navy or any officer or employee of the Department of the Navy who is involved in

any such program.’’.

(3) Subsection (d) of such section, as redesignated by paragraph

(2)(A), is amended by striking ‘‘United States Naval Academy general gift fund’’ both places it appears and inserting ‘‘United States

Naval Academy Gift and Museum Fund’’.

(4) The heading for such section is amended to read as follows:

‘‘§ 6973. Gifts, bequests, and loans of property: acceptance for

benefit and use of Naval Academy’’.

(d) REFERENCES TO CLOSED GIFT FUNDS.—(1) Section 6974 of

title 10, United States Code, is amended to read as follows:

‘‘§ 6974. United States Naval Academy Museum Fund: references to Fund

‘‘Any reference in a law, regulation, document, paper, or other

record of the United States to the United States Naval Academy

Museum Fund formerly maintained under this section shall be

deemed to refer to the United States Naval Academy Gift and Museum Fund maintained under section 6973 of this title.’’.

(2) Section 7222 of such title is amended to read as follows:

‘‘§ 7222. Naval Historical Center Fund: references to Fund

‘‘Any reference in a law, regulation, document, paper, or other

record of the United States to the Naval Historical Center Fund formerly maintained under this section shall be deemed to refer to the

Department of the Navy General Gift Fund maintained under section 2601 of this title.’’.

(e) CLERICAL AMENDMENTS.—(1) The table of sections at the beginning of chapter 603 of title 10, United States Code, is amended

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by striking the items relating to 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.’’.

(2) The item relating to section 7222 of such title in the table

of sections at the beginning of chapter 631 of such title is amended

to read as follows:

‘‘7222. Naval Historical Center Fund: references to Fund.’’.

SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY ACCEPTED FOR THE NAVAL ACADEMY.

Notwithstanding section 6973 of title 10, United States Code,

during fiscal year 2001 the Secretary of the Navy may dispose of a

gift accepted before the date of the enactment of this Act for the

United States Naval Academy by disbursing from the United States

Naval Academy general gift fund to an entity designated by the

donor of the gift the amount equal to the current cash value of that

gift.

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 counterdrug 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.

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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 Governmentwide 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.

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.

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Subtitle A—Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary

in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2001 between any such authorizations for that

fiscal year (or any subdivisions thereof). Amounts of authorizations

so transferred shall be merged with and be available for the same

purposes as the authorization to which transferred.

(2) The total amount of authorizations that the Secretary may

transfer under the authority of this section may not exceed

$2,000,000,000.

(b) LIMITATIONS.—The authority provided by this section to

transfer authorizations—

(1) may only be used to provide authority for items that

have a higher priority than the items from which authority is

transferred; and

(2) may not be used to provide authority for an item that

has been denied authorization by Congress.

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made

from one account to another under the authority of this section shall

be deemed to increase the amount authorized for the account to

which the amount is transferred by an amount equal to the amount

transferred.

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared by the committee of conference to accompany the conference

report on the bill H.R. 4205 of the One Hundred Sixth Congress and

transmitted to the President is hereby incorporated into this Act.

(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The

amounts specified in the Classified Annex are not in addition to

amounts authorized to be appropriated by other provisions of this

Act.

(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified

Annex may only be expended for such program, project, or activity

in accordance with such terms, conditions, limitations, restrictions,

and requirements as are set out for that program, project, or activity

in the Classified Annex.

(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall

provide for appropriate distribution of the Classified Annex, or of

appropriate portions of the annex, within the executive branch of the

Government.

SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2000.

Amounts authorized to be appropriated to the Department of

Defense for fiscal year 2000 in the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) are hereby adjusted,

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with respect to any such authorized amount, by the amount by

which appropriations pursuant to such authorization were increased (by a supplemental appropriation) or decreased (by a rescission), or both, in the Emergency Supplemental Act, 2000 (division

B of Public Law 106–246) or in title IX of the Department of Defense Appropriations Act, 2001 (Public Law 106–259).

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN FISCAL YEAR 2001.

(a) FISCAL YEAR 2001 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2001 for the commonfunded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).

(b) TOTAL AMOUNT.—The amount of the limitation applicable

under subsection (a) is the sum of the following:

(1) The amounts of unexpended balances, as of the end of

fiscal year 2000, of funds appropriated for fiscal years before

fiscal year 2001 for payments for those budgets.

(2) The amount specified in subsection (c)(1).

(3) The amount specified in subsection (c)(2).

(4) The total amount of the contributions authorized to be

made under section 2501.

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions

for the common-funded budgets of NATO as follows: (1) Of the amount provided in section 201(1), $743,000 for

the Civil Budget. (2) Of the amount provided in section 301(1), $181,981,000

for the Military Budget.

(d) DEFINITIONS.—For purposes of this section:

(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘‘common-funded budgets of NATO’’ means the Military Budget, the

Security Investment Program, and the Civil Budget of the

North Atlantic Treaty Organization (and any successor or additional account or program of NATO).

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘‘fiscal year 1998 baseline limitation’’ means the maximum annual

amount of Department of Defense contributions for commonfunded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving

the advice and consent of the Senate to the ratification of the

Protocols to the North Atlantic Treaty of 1949 on the Accession

of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30,

1998.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2001.

(a) LIMITATION.—Of the amounts authorized to be appropriated

by section 301(24) for the Overseas Contingency Operations Transfer

Fund—

(1) no more than $1,387,800,000 may be obligated for incremental costs of the Armed Forces for Bosnia peacekeeping operations; and

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(2) no more than $1,650,400,000 may be obligated for incremental costs of the Armed Forces for Kosovo peacekeeping operations.

(b) PRESIDENTIAL WAIVER.—The President may waive the limitation in subsection (a)(1), or the limitation in subsection (a)(2),

after submitting to Congress the following:

(1) The President’s written certification that the waiver is

necessary in the national security interests of the United States.

(2) The President’s written certification that exercising the

waiver will not adversely affect the readiness of United States

military forces.

(3) A report setting forth the following:

(A) The reasons that the waiver is necessary in the national security interests of the United States.

(B) The specific reasons that additional funding is required for the continued presence of United States military

forces participating in, or supporting, Bosnia peacekeeping

operations, or Kosovo peacekeeping operations, as the case

may be, for fiscal year 2001.

(C) A discussion of the impact on the military readiness of United States Armed Forces of the continuing deployment of United States military forces participating in,

or supporting, Bosnia peacekeeping operations, or Kosovo

peacekeeping operations, as the case may be.

(4) A supplemental appropriations request for the Department of Defense for such amounts as are necessary for the additional fiscal year 2001 costs associated with United States military forces participating in, or supporting, Bosnia or Kosovo

peacekeeping operations.

(c) PEACEKEEPING OPERATIONS DEFINED.—For the purposes of

this section:

(1) The term ‘‘Bosnia peacekeeping operations’’ has the

meaning given such term in section 1004(e) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105–261; 112 Stat. 2112).

(2) The term ‘‘Kosovo peacekeeping operations’’—

(A) means the operation designated as Operation Joint

Guardian and any other operation involving the participation of any of the Armed Forces in peacekeeping or peace

enforcement activities in and around Kosovo; and

(B) includes, with respect to Operation Joint Guardian

or any such other operation, each activity that is directly

related to the support of the operation.

SEC. 1006. REQUIREMENT FOR PROMPT PAYMENT OF CONTRACT

VOUCHERS.

(a) REQUIREMENT.—(1) Chapter 131 of title 10, United States

Code, is amended by adding after section 2225, as added by section

812(a)(1), the following new section:

‘‘§ 2226. Contracted property and services: prompt payment of

vouchers

‘‘(a) REQUIREMENT.—Of the contract vouchers that are received

by the Defense Finance and Accounting Service by means of the

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ber of such vouchers that remain unpaid for more than 30 days as

of the last day of each month may not exceed 5 percent of the total

number of the contract vouchers so received that remain unpaid on

that day.

‘‘(b) CONTRACT VOUCHER DEFINED.—In this section, the term

‘contract voucher’ means a voucher or invoice for the payment to a

contractor for services, commercial items (as defined in section 4(12)

of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))),

or other deliverable items provided by the contractor under a contract funded by the Department of Defense.’’.

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

amended by adding after the item relating to section 2225, as added

by section 812(a)(2), the following new item:

‘‘2226. Contracted property and services: prompt payment of vouchers.’’.

(b) EFFECTIVE DATE.—Section 2226 of title 10, United States

Code (as added by subsection (a)), shall take effect on December 1,

2000.

(c) CONDITIONAL REQUIREMENT FOR REPORT.—(1) If for any

month of the noncompliance reporting period the requirement in section 2226 of title 10, United States Code (as added by subsection

(a)), is not met, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report on the magnitude of the unpaid contract vouchers. The report for a month shall

be submitted not later than 30 days after the end of that month.

(2) A report for a month under paragraph (1) shall include information current as of the last day of the month as follows:

(A) The number of the vouchers received by the Defense Finance and Accounting Service by means of the mechanization

of contract administration services system during each month.

(B) The number of the vouchers so received, whenever received by the Defense Finance and Accounting Service, that remain unpaid for each of the following periods:

(i) Over 30 days and not more than 60 days.

(ii) Over 60 days and not more than 90 days.

(iii) More than 90 days.

(C) The number of the vouchers so received that remain unpaid for the major categories of procurements, as defined by the

Secretary of Defense.

(D) The corrective actions that are necessary, and those that

are being taken, to ensure compliance with the requirement in

subsection (a).

(3) For purposes of this subsection:

(A) The term ‘‘noncompliance reporting period’’ means the

period beginning on December 1, 2000, and ending on November 30, 2004.

(B) The term ‘‘contract voucher’’ has the meaning given that

term in section 2226(b) of title 10, United States Code (as added

by subsection (a)).

SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGATIONS OF

FUNDS FOR CONTRACTUAL TRANSACTIONS.

(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall

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

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House of Representatives, not later than November 15, 2000, a plan

for ensuring that each obligation of the Department of Defense

under a transaction described in subsection (c) be recorded in the

appropriate financial administration systems of the Department of

Defense not later than 10 days after the date on which the obligation is incurred.

(b) CONTENT OF PLAN.—The plan under subsection (a) shall

provide for the following:

(1) The recording of obligations in accordance with requirements that apply uniformly throughout the Department of Defense, including requirements for the recording of detailed data

on each such obligation.

(2) A system of accounting classification reference numbers

for the recording of obligations that applies uniformly throughout the Department of Defense.

(3) A discussion of how the plan is to be implemented, including a schedule for implementation.

(c) COVERED TRANSACTIONS.—The plan shall apply to each obligation under any of the following transactions of the Department

of Defense:

(1) A contract.

(2) A grant.

(3) A cooperative agreement.

(4) A transaction authorized under section 2371 of title 10,

United States Code.

SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF CLAIMS

FOR CONTRACT PAYMENTS.

(a) REQUIREMENTS.—(1) Chapter 131 of title 10, United States

Code, is amended by adding after section 2226, as added by section

1006(a)(1), the following new section:

‘‘§ 2227. Electronic submission and processing of claims for

contract payments

‘‘(a) SUBMISSION OF CLAIMS.—The Secretary of Defense shall require that any claim for payment under a Department of Defense

contract shall be submitted to the Department of Defense in electronic form.

‘‘(b) PROCESSING.—A contracting officer, contract administrator,

certifying official, or other officer or employee of the Department of

Defense who receives a claim for payment in electronic form in accordance with subsection (a) and is required to transmit the claim

to any other officer or employee of the Department of Defense for

processing under procedures of the department shall transmit the

claim and any additional documentation necessary to support the

determination and payment of the claim to such other officer or employee electronically.

‘‘(c) WAIVER AUTHORITY.—If the Secretary of Defense determines

that the requirement for using electronic means for submitting

claims under subsection (a), or for transmitting claims and supporting documentation under subsection (b), is unduly burdensome

in any category of cases, the Secretary may exempt the cases in that

category from the application of the requirement.

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‘‘(d) IMPLEMENTATION OF REQUIREMENTS.—In implementing

subsections (a) and (b), the Secretary of Defense shall provide for the

following:

‘‘(1) Policies, requirements, and procedures for using electronic means for the submission of claims for payment to the

Department of Defense and for the transmission, between Department of Defense officials, of claims for payment received in

electronic form, together with supporting documentation (such

as receiving reports, contracts and contract modifications, and

required certifications).

‘‘(2) The format in which information can be accepted by

the corporate database of the Defense Finance and Accounting

Service.

‘‘(3) The requirements to be included in contracts regarding

the electronic submission of claims for payment by contractors.

‘‘(e) CLAIM FOR PAYMENT DEFINED.—In this section, the term

‘claim for payment’ means an invoice or any other demand or request for payment.’’.

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

amended by adding after the item relating to section 2226, as added

by section 1006(a)(2), the following new item:

‘‘2227. Electronic submission and processing of claims for contract payments.’’.

(b) IMPLEMENTATION PLAN.—Not later than March 30, 2001,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a plan for

the implementation of the requirements imposed under section 2227

of title 10, United States Code (as added by subsection (a)). The

plan shall provide for each of the matters specified in subsection (d)

of that section.

(c) APPLICABILITY.—(1) Subject to paragraph (2), the Secretary

of Defense shall apply section 2227 of title 10, United States Code

(as added by subsection (a)), with respect to contracts for which solicitations of offers are issued after June 30, 2001.

(2)(A) The Secretary may delay the implementation of section

2227 to a date after June 30, 2001, upon a finding that it is impracticable to implement that section until that later date. In no event,

however, may the implementation be delayed to a date after October

1, 2002.

(B) Upon determining to delay the implementation of such section 2227 to a later date under subparagraph (A), the Secretary

shall promptly publish a notice of the delay in the Federal Register.

The notice shall include a specification of the later date on which

the implementation of that section is to begin. Not later than 30

days before the later implementation date, the Secretary shall publish in the Federal Register another notice that such section is being

implemented beginning on that date.

SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF TRANSPORTATION COSTS.

(a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED DAMAGES.—

(1) Section 2636 of title 10, United States Code, is amended to read

as follows:

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‘‘§ 2636. Deductions from amounts due carriers

‘‘(a) AMOUNTS FOR LOSS OR DAMAGE.—An amount deducted

from an amount due a carrier shall be credited as follows:

‘‘(1) If deducted because of loss of or damage to material in

transit for a military department, the amount shall be credited

to the proper appropriation, account, or fund from which the

same or similar material may be replaced.

‘‘(2) If deducted as an administrative offset for an overpayment previously made to the carrier under any Department of

Defense contract for transportation services or as liquidated

damages due under any such contract, the amount shall be

credited to the appropriation or account from which payments

for the transportation services were made.

‘‘(b) SIMPLIFIED OFFSET FOR COLLECTION OF CLAIMS NOT IN

EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD.—(1) In any

case in which the total amount of a claim for the recovery of overpayments or liquidated damages under a contract described in subsection (a)(2) does not exceed the simplified acquisition threshold,

the Secretary of Defense or the Secretary concerned, in exercising the

authority to collect the claim by administrative offset under section

3716 of title 31, may apply paragraphs (2) and (3) of subsection (a)

of that section with respect to that collection after (rather than before) the claim is so collected.

‘‘(2) Regulations prescribed by the Secretary of Defense under

subsection (b) of section 3716 of title 31—

‘‘(A) shall include provisions to carry out paragraph (1);

and

‘‘(B) shall provide the carrier for a claim subject to paragraph (1) with an opportunity to offer an alternative method of

repaying the claim (rather than by administrative offset) if the

collection of the claim by administrative offset has not already

been made.

‘‘(3) In this subsection, the term ‘simplified acquisition threshold’ has the meaning given that term in section 4(11) of the Office

of Federal Procurement Policy Act (41 U.S.C. 403(11)).’’.

(2) The item relating to such section in the table of sections at

the beginning of chapter 157 of such title is amended to read as follows:

‘‘2636. Deductions from amounts due carriers.’’.

(b) EFFECTIVE DATE.—Subsections (a)(2) and (b) of section 2636

of title 10, United States Code, as added by subsection (a)(1), shall

apply with respect to contracts entered into after the date of the enactment of this Act.

SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM

PAYMENTS DUE UNDER GOVERNMENT SERVICE CONTRACTS.

(a) PROMPT PAYMENT REQUIREMENT FOR INTERIM PAYMENTS.—

Under regulations prescribed under subsection (c), the head of an

agency acquiring services from a business concern under a cost reimbursement contract requiring interim payments who does not pay

the concern a required interim payment by the date that is 30 days

after the date of the receipt of a proper invoice shall pay an interest

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est shall be computed as provided in section 3902(a) of title 31,

United States Code.

(b) REGULATIONS.—The Director of the Office of Management

and Budget shall prescribe regulations to carry out this section.

Such regulations shall be prescribed as part of the regulations prescribed under section 3903 of title 31, United States Code.

(c) INCORPORATION OF CERTAIN PROVISIONS OF LAW.—The provisions of chapter 39 of title 31, United States Code, shall apply to

this section in the same manner as if this section were enacted as

part of such chapter.

(d) EFFECTIVE DATE.—Subsection (a) shall take effect on December 15, 2000. No interest shall accrue by reason of that subsection for any period before that date.

Subtitle B—Naval Vessels and Shipyards

SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES PROGRAM.

Section 2218(k) of title 10, United States Code, is amended—

(1) by adding at the end of paragraph (1) the following new

sentence: ‘‘As consideration for a contract with the head of an

agency under this subsection, the company entering into the

contract shall agree with the Secretary of Defense to make any

vessel covered by the contract available to the Secretary, fully

crewed and ready for sea, at any time at any port determined

by the Secretary, and for whatever duration the Secretary determines necessary.’’;

(2) by adding at the end of paragraph (2) the following new

subparagraph:

‘‘(E) Payments of such sums as the Government would otherwise expend, if the vessel were placed in the Ready Reserve

Fleet, for maintaining the vessel in the status designated as

‘ROS–4 status’ in the Ready Reserve Fleet for 25 years.’’; and

(3) by adding at the end the following new paragraph:

‘‘(6) The head of an agency may not enter into a contract under

paragraph (1) that would provide for payments to the contractor as

authorized in paragraph (2)(E) until notice of the proposed contract

is submitted to the congressional defense committees and a period

of 90 days has elapsed.’’.

SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE CVN–77 AIRCRAFT CARRIER.

(a) FINDINGS.—Congress makes the following findings:

(1) Over the last three decades Congress has authorized

and appropriated funds for a total of 10 Nimitz class aircraft

carriers.

(2) The last vessel in the Nimitz class of aircraft carriers,

CVN–77, is currently under construction and will be delivered

in 2008.

(3) The first nine vessels in this class bear the following

proud names:

(A) U.S.S. Nimitz (CVN–68).

(B) U.S.S. Dwight D. Eisenhower (CVN–69).

(C) U.S.S. Carl Vinson (CVN–70).

(D) U.S.S. Theodore Roosevelt (CVN–71).

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(E) U.S.S. Abraham Lincoln (CVN–72).

(F) U.S.S. George Washington (CVN–73).

(G) U.S.S. John C. Stennis (CVN–74).

(H) U.S.S. Harry S. Truman (CVN–75).

(I) U.S.S. Ronald Reagan (CVN–76).

(4) It is appropriate for Congress to recommend to the

President, as Commander in Chief of the Armed Forces, an appropriate name for the final vessel in the Nimitz class of aircraft carriers.

(5) Over the last 25 years the vessels in the Nimitz class of

aircraft carriers have served as one of the principal means of

United States diplomacy and as one of the principal means for

the defense of the United States and its allies around the world.

(6) The name bestowed upon the aircraft carrier CVN–77

should embody the American spirit and provide a lasting symbol of the American commitment to freedom.

(7) The name ‘‘Lexington’’ has been a symbol of freedom

from the first battle of the American Revolution.

(8) The two aircraft carriers previously named U.S.S. Lexington (the CV–2 and the CV–16) served the Nation for 64

years, served in World War II, and earned a total of 13 battle

stars.

(9) One of those honored vessels, the CV–2, was lost at the

Battle of the Coral Sea on May 8, 1942.

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

CVN–77 aircraft carrier should be named the ‘‘U.S.S. Lexington’’—

(1) in order to honor the men and women who served in the

Armed Forces of the United States during World War II and

the incalculable number of United States citizens on the home

front during that war who mobilized in the name of freedom;

and

(2) as a special tribute to the 16,000,000 veterans of the

Armed Forces who served on land, sea, and air during World

War II (of whom fewer than 6,000,000 remain alive today) and

a lasting symbol of their commitment to freedom as they pass

on having proudly taken their place in history.

SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN

FOREIGN COUNTRIES.

(a) TRANSFERS BY GRANT.—The President is authorized to

transfer vessels to foreign countries on a grant basis under section

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as follows:

(1) BRAZIL.—To the Government of Brazil—

(A) the Thomaston class dock landing ships Alamo

(LSD 33) and Hermitage (LSD 34); and

(B) the Garcia class frigates Bradley (FF 1041), Davidson (FF 1045), Sample (FF 1048) and Albert David (FF

1050).

(2) GREECE.—To the Government of Greece, the Knox class

frigates Vreeland (FF 1068) and Trippe (FF 1075).

(b) TRANSFERS ON A COMBINED LEASE-SALE BASIS.—(1) The

President is authorized to transfer vessels to foreign countries on a

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port Control Act (22 U.S.C. 2796 and 2761) and in accordance with

subsection (c) as follows:

(A) CHILE.—To the Government of Chile, the Oliver Hazard

Perry class guided missile frigates Wadsworth (FFG 9), and

Estocin (FFG 15).

(B) TURKEY.—To the Government of Turkey, the Oliver

Hazard Perry class guided missile frigates John A. Moore (FFG

19) and Flatley (FFG 21).

(2) The authority provided under paragraph (1)(B) is in addition to the authority provided under section 1018(a)(9) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65; 113 Stat. 745) for the transfer of those vessels to the Government of Turkey on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761).

(c) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANSFERS.—A transfer of a vessel on a combined lease-sale basis authorized by subsection (b) shall be made in accordance with the following requirements:

(1) The President may initially transfer the vessel by lease,

with lease payments suspended for the term of the lease, if the

country entering into the lease for the vessel simultaneously enters into a foreign military sales agreement for the transfer of

title to the vessel.

(2) The President may not deliver to the purchasing country

title to the vessel until the purchase price of the vessel under

such a foreign military sales agreement is paid in full.

(3) Upon payment of the purchase price in full under such

a sales agreement and delivery of title to the recipient country,

the President shall terminate the lease.

(4) If the purchasing country fails to make full payment of

the purchase price in accordance with the sales agreement by

the date required under the sales agreement—

(A) the sales agreement shall be immediately terminated;

(B) the suspension of lease payments under the lease

shall be vacated; and

(C) the United States shall be entitled to retain all

funds received on or before the date of the termination

under the sales agreement, up to the amount of the lease

payments due and payable under the lease and all other

costs required by the lease to be paid to that date.

(5) If a sales agreement is terminated pursuant to paragraph (4), the United States shall not be required to pay any

interest to the recipient country on any amount paid to the

United States by the recipient country under the sales agreement and not retained by the United States under the lease.

(d) AUTHORIZATION OF APPROPRIATIONS FOR COSTS OF LEASESALE TRANSFERS.—There is hereby authorized to be appropriated

into the Defense Vessels Transfer Program Account such sums as

may be necessary for paying the costs (as defined in section 502 of

the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of the leasesale transfers authorized by subsection (b). Amounts so appropriated shall be available only for the purpose of paying those costs.

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(e) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to

another country on a grant basis under section 516 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by subsection (a) shall not be counted for the purposes of subsection (g) of that section in the aggregate value of excess defense articles transferred to countries under that section in any fiscal year.

(f) COSTS OF TRANSFERS.—Any expense incurred by the United

States in connection with a transfer authorized by this section shall

be charged to the recipient (notwithstanding section 516(e)(1) of the

Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case

of a transfer authorized to be made on a grant basis under subsection (a)).

(g) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section,

that the country to which the vessel is transferred have such repair

or refurbishment of the vessel as is needed, before the vessel joins

the naval forces of that country, performed at a shipyard located in

the United States, including a United States Navy shipyard.

(h) EXPIRATION OF AUTHORITY.—The authority to transfer a

vessel under this section shall expire at the end of the two-year period beginning on the date of the enactment of this Act.

(i) COORDINATION OF PROVISIONS.—(1) If the Security Assistance Act of 2000 is enacted before this Act, the provisions of this section shall not take effect.

(2) If the Security Assistance Act of 2000 is enacted after this

Act, this section shall cease to be in effect upon the enactment of

that Act.

SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE FORMER NAVAL VESSEL BY GOVERNMENT OF

GREECE.

(a) AUTHORITY FOR RETRANSFER OF ALTERNATIVE VESSEL.—

Section 1012 of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65; 113 Stat. 740) is amended—

(1) in subsection (a), by inserting after ‘‘HS Rodos (exU.S.S. Bowman County (LST 391))’’ the following: ‘‘, LST 325,

or any other former United States LST previously transferred

to the Government of Greece that is excess to the needs of that

government’’; and

(2) in subsection (b)(1), by inserting ‘‘retransferred under

subsection (a)’’ after ‘‘the vessel’’.

(b) REPEAL.—Section 1305 of the Arms Control, Nonproliferation, and Security Assistance Act of 1999 (113 Stat. 1501A–511) is

repealed.

Subtitle C—Counter-Drug Activities

SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR

COUNTER-DRUG ACTIVITIES OF COLOMBIA.

(a) EXTENSION OF AUTHORITY.—Section 1033 of the National

Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85;

111 Stat. 1881) is amended—

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(1) in subsection (a), by striking ‘‘during fiscal years 1998

through 2002,’’; and

(2) in subsection (b)—

(A) in paragraph (1), by inserting before the period at

the end the following: ‘‘, for fiscal years 1998 through

2002’’; and

(B) in paragraph (2), by inserting before the period at

the end the following: ‘‘, for fiscal years 1998 through

2006’’.

(b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2)

of such section is amended by striking ‘‘2002’’ and inserting ‘‘2006’’.

SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO

SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.

Not later than January 1, 2001, the Secretary of Defense shall

submit to the congressional defense committees a report detailing

the expenditure of funds by the Secretary during fiscal year 2000 in

direct or indirect support of the counter-drug activities of foreign

governments. The report shall include the following for each foreign

government:

(1) The total amount of assistance provided to, or expended

on behalf of, the foreign government.

(2) A description of the types of counter-drug activities conducted using the assistance.

(3) An explanation of the legal authority under which the

assistance was provided.

SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR

COUNTER-DRUG ACTIVITIES.

(a) REQUIREMENT FOR SUBMITTAL OF RECOMMENDATIONS.—Not

later than February 1, 2001, the Secretary of Defense shall submit

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

of Representatives the recommendations of the Secretary regarding

whether expanded support for counter-drug activities should be authorized under section 1033 of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881) for

the region that includes the countries that are covered by that authority on the date of the enactment of this Act.

(b) CONTENT OF SUBMISSION.—The submission under subsection (a) shall include the following:

(1) What, if any, additional countries should be covered.

(2) What, if any, additional support should be provided to

covered countries, together with the reasons for recommending

the additional support.

(3) For each country recommended under paragraph (1), a

plan for providing support, including the counter-drug activities proposed to be supported.

SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.

(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall

review the riverine counter-drug program supported under section

1033 of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105–85; 111 Stat. 1881).

(b) REPORT.—Not later than February 1, 2001, the Secretary

shall submit a report on the riverine counter-drug program to the

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resentatives. The report shall include, for each country receiving

support under the riverine counter-drug program, the following:

(1) The Assistant Secretary’s assessment of the effectiveness

of the program.

(2) A recommendation regarding which of the Armed

Forces, units of the Armed Forces, or other organizations within

the Department of Defense should be responsible for managing

the program.

(c) DELEGATION OF AUTHORITY.—The Secretary shall require

the Assistant Secretary of Defense for Special Operations and Low

Intensity Conflict to carry out the responsibilities under this section.

SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYSTEM.

(a) REPORT REQUIRED.—Not later than May 1, 2001, The Secretary of Defense shall submit to Congress a report on the status of

the Tethered Aerostat Radar System used to conduct counter-drug

detection and monitoring and border security and air sovereignty

operations. The report shall include the following:

(1) The status and operational availability of each of the

existing sites of the Tethered Aerostat Radar System.

(2) A discussion of any plans to close, during the next 5

years, currently operational sites, including a review of the justification for each proposed closure.

(3) A review of the requirements of other agencies, especially the United States Customs Service, for data derived from

the Tethered Aerostat Radar System.

(4) A assessment of the value of the Tethered Aerostat

Radar System in the conduct of counter-drug detection and

monitoring and border security and air sovereignty operations

compared to other surveillance systems available for such operations.

(5) The costs associated with the planned standardization

of the Tethered Aerostat Radar System and the Secretary’s

analysis of that standardization.

(b) CONSULTATION.—The Secretary of Defense shall prepare the

report in consultation with the Secretary of the Treasury.

SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES

FOR COUNTER-DRUG AND COUNTER-TERRORISM ACTIVITIES.

It is the sense of Congress that the President should be able to

use members of the Army, Navy, Air Force, and Marine Corps to assist law enforcement agencies, to the full extent consistent with section 1385 of title 18, United States Code (commonly known as the

Posse Comitatus Act), section 375 of title 10, United States Code,

and other applicable law, in preventing the entry into the United

States of terrorists and drug traffickers, weapons of mass destruction, components of weapons of mass destruction, and prohibited

narcotics and drugs.

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Subtitle D—Counterterrorism and Domestic

Preparedness

SEC. 1031. PREPAREDNESS OF MILITARY INSTALLATION FIRST RESPONDERS FOR INCIDENTS INVOLVING WEAPONS OF

MASS DESTRUCTION.

(a) REQUIREMENT FOR REPORT.—Not later than 90 days after

the date of the enactment of this Act, the Secretary of Defense shall

submit to Congress a report on the program of the Department of

Defense to ensure the preparedness of the first responders of the Department of Defense for incidents involving weapons of mass destruction on installations of the Department of Defense.

(b) CONTENT OF REPORT.—The report shall include the following:

(1) A detailed description of the overall preparedness program.

(2) A detailed description of the deficiencies in the preparedness of Department of Defense installations to respond to

an incident involving a weapon of mass destruction, together

with a discussion of the actions planned to be taken by the Department of Defense to correct the deficiencies.

(3) The schedule and costs associated with the implementation of the preparedness program.

(4) The Department’s plan for coordinating the preparedness program with responders in the communities in the localities of the installations.

(5) The Department’s plan for promoting the interoperability of the equipment used by the installation first responders

referred to in subsection (a) with the equipment used by the first

responders in those communities.

(c) FORM OF REPORT.—The report shall be submitted in an unclassified form, but may include a classified annex.

(d) DEFINITIONS.—In this section:

(1) The term ‘‘first responder’’ means an organization responsible for responding to an incident involving a weapon of

mass destruction.

(2) The term ‘‘weapon of mass destruction’’ has the meaning

given that term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).

SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.

During fiscal year 2001, the Secretary of Defense shall establish

five additional teams designated as Weapons of Mass Destruction

Civil Support Teams (for a total of 32 such teams).

SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE

DOMESTIC PREPAREDNESS TO COMBAT CYBERTERRORISM.

(a) ESTABLISHMENT OF PROGRAM.—(1) Chapter 148 of title 10,

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

new subchapter:

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‘‘SUBCHAPTER VII—CRITICAL INFRASTRUCTURE

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.

‘‘§ 2541. Establishment of loan guarantee program

‘‘(a) ESTABLISHMENT.—In order to meet the national security objectives in section 2501(a) of this title, the Secretary of Defense shall

establish a program under which the Secretary may issue guarantees assuring lenders against losses of principal or interest, or both

principal and interest, for loans made to qualified commercial firms

to fund, in whole or in part, any of the following activities:

(1) The improvement of the protection of the critical infrastructure of the commercial firms.

(2) The refinancing of improvements previously made to the

protection of the critical infrastructure of the commercial firms.

‘‘(b) QUALIFIED COMMERCIAL FIRMS.—For purposes of this section, a qualified commercial firm is a company or other business entity (including a consortium of such companies or other business entities, as determined by the Secretary) that the Secretary

determines—

‘‘(1) conducts a significant level of its research, development, engineering, and manufacturing activities in the United

States;

‘‘(2) is a company or other business entity the majority ownership or control of which is by United States citizens or is a

company or other business of a parent company that is incorporated in a country the government of which—

‘‘(A) encourages the participation of firms so owned or

controlled in research and development consortia to which

the government of that country provides funding directly or

provides funding indirectly through international organizations or agreements; and

‘‘(B) affords adequate and effective protection for the intellectual property rights of companies incorporated in the

United States;

‘‘(3) provides technology products or services critical to the

operations of the Department of Defense;

‘‘(4) meets standards of prevention of cyberterrorism applicable to the Department of Defense; and

‘‘(5) agrees to submit the report required under section

2541d of this title.

‘‘(c) LOAN LIMITS.—The maximum amount of loan principal

guaranteed during a fiscal year under this section may not exceed

$10,000,000, with respect to all borrowers.

‘‘(d) GOALS AND STANDARDS.—The Secretary shall prescribe regulations setting forth goals for the use of the loan guarantees provided under this section and standards for evaluating whether those

goals are met by each entity receiving such loan guarantees.

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‘‘(e) AUTHORITY SUBJECT TO PROVISIONS OF APPROPRIATIONS.— The Secretary may guarantee a loan under this subchapter only to

such extent or in such amounts as may be provided in advance in

appropriations Acts.

‘‘§ 2541a. Fees charged and collected

‘‘(a) FEE REQUIRED.—The Secretary of Defense shall assess a fee

for providing a loan guarantee under this subchapter.

‘‘(b) AMOUNT OF FEE.—The amount of the fee shall be not less

than 75 percent of the amount incurred by the Secretary to provide

the loan guarantee.

‘‘(c) SPECIAL ACCOUNT.—(1) Such fees shall be credited to a special account in the Treasury.

‘‘(2) Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the

costs of administrative expenses of the Department of Defense that

are attributable to the loan guarantee program under this subchapter.

‘‘(3)(A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this

subchapter, the Secretary may use amounts currently available for

operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.

‘‘(B) The Secretary shall, from funds in the special account established under paragraph (1), replenish operations and maintenance accounts for amounts expended under subparagraph (A).

‘‘§ 2541b. Administration

‘‘(a) AGREEMENTS REQUIRED.—The Secretary of Defense may

enter into one or more agreements, each with an appropriate Federal or private entity, under which such entity may, under this

subchapter—

‘‘(1) process applications for loan guarantees;

‘‘(2) administer repayment of loans; and

‘‘(3) provide any other services to the Secretary to administer this subchapter.

‘‘(b) TREATMENT OF COSTS.—The costs of such agreements shall

be considered, for purposes of the special account established under

section 2541a(c), to be costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.

‘‘§ 2541c. Transferability, additional limitations, and definition

‘‘The following provisions of subtitle VI of this chapter apply to

guarantees issued under this subtitle:

‘‘(1) Section 2540a, relating to transferability of guarantees.

‘‘(2) Subsections (b) and (c) of section 2540b, providing limitations.

‘‘(3) Section 2540d(2), providing a definition of the term

‘cost’.

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‘‘§ 2541d. Reports

‘‘(a) REPORT BY COMMERCIAL FIRMS TO SECRETARY OF DEFENSE.—The Secretary of Defense shall require each qualified commercial firm for which a loan is guaranteed under this subchapter

to submit to the Secretary a report on the improvements financed or

refinanced with the loan. The report shall include an assessment of

the value of the improvements for the protection of the critical infrastructure of that commercial firm. The Secretary shall prescribe the

time for submitting the report.

‘‘(b) ANNUAL REPORT BY SECRETARY OF DEFENSE TO CONGRESS.—Not later than March 1 of each year in which guarantees

are made under this subchapter, the Secretary of Defense shall submit to Congress a report on the loan guarantee program under this

subchapter. The report shall include the following:

‘‘(1) The amounts of the loans for which guarantees were

issued during the year preceding the year of the report.

‘‘(2) The success of the program in improving the protection

of the critical infrastructure of the commercial firms covered by

the guarantees.

‘‘(3) The relationship of the loan guarantee program to the

critical infrastructure protection program of the Department of

Defense, together with an assessment of the extent to which the

loan guarantee program supports the critical infrastructure protection program.

‘‘(4) Any other information on the loan guarantee program

that the Secretary considers appropriate to include in the report.’’.

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

amended by adding at the end the following new item:

‘‘VII. Critical Infrastructure Protection Loan Guarantees ................................... 2541’’.

(b) REDESIGNATION OF DISPLACED SECTIONS.—(1) Sections 2541

through 2554 of chapter 152 of title 10, United States Code, are redesignated as sections 2551 through 2564, respectively.

(2) The items in the table of sections at the beginning of chapter

152 of such title are revised to reflect the redesignations made by

paragraph (1).

(c) CONFORMING AMENDMENTS.—(1) Subsection (c)(3)(C) of section 2561 of such title, as redesignated by subsection (b), is amended by striking ‘‘section 2547’’ and inserting ‘‘section 2557’’.

(2) Subsection (b) of section 2562 of such title, as so redesignated, is amended by striking ‘‘section 2547’’ and inserting ‘‘section

2557’’.

(3) Section 7300 of such title is amended by striking ‘‘section

2553’’ and inserting ‘‘section 2563’’.

SEC. 1034. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS

AGAINST THE THREAT OF BIOLOGICAL TERRORISM.

(a) REPORT REQUIRED.—Not later than March 31, 2001, the

President shall submit to Congress a report on domestic preparedness against the threat of biological terrorism.

(b) REPORT ELEMENTS.—The report shall address the following:

(1) The current state of United States preparedness to defend against a biologic attack.

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(2) The roles that various Federal agencies currently play,

and should play, in preparing for, and defending against, such

an attack.

(3) The roles that State and local agencies and public

health facilities currently play, and should play, in preparing

for, and defending against, such an attack.

(4) The advisability of establishing an intergovernmental

task force to assist in preparations for such an attack.

(5) The potential role of advanced communications systems

in aiding domestic preparedness against such an attack.

(6) The potential for additional research and development

in biotechnology to aid domestic preparedness against such an

attack.

(7) Other measures that should be taken to aid domestic

preparedness against such an attack.

(8) The financial resources necessary to support efforts for

domestic preparedness against such an attack.

(9) The deficiencies and vulnerabilities in the United States

public health system for dealing with the consequences of a biological terrorist attack on the United States, and current plans

to address those deficiencies and vulnerabilities.

(c) INTELLIGENCE ESTIMATE.—(1) Not later than March 1, 2001,

the Secretary of Defense shall submit to Congress an intelligence estimate, prepared in consultation with the Director of Central Intelligence, containing—

(A) an assessment of the threat to the United States posed

by a terrorist using a biological weapon; and

(B) an assessment of the relative consequences of an attack

against the United States by a terrorist using a biological weapon compared with the consequences of an attack against the

United States by a terrorist using a weapon that is a weapon

of mass destruction other than a biological weapon or that is

a conventional weapon.

(2) The intelligence estimate submitted under paragraph (1)

shall include a comparison of—

(A) the likelihood of the threat of a terrorist attack against

the United States through the use of a biological weapon, with

(B) the likelihood of the threat of a terrorist attack against

the United States through the use of a weapon that is a weapon

of mass destruction other than a biological weapon or that is

a conventional weapon.

SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PROGRAMS TO COMBAT DOMESTIC TERRORISM.

Not later than 180 days after the date of the enactment of this

Act, the Comptroller General of the United States shall submit to

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

Representatives a report on the strategy, policies, and programs of

the United States for combating domestic terrorism, and in particular domestic terrorism involving weapons of mass destruction.

The report shall document the progress and problems experienced by

the Federal Government in organizing and preparing to respond to

domestic terrorist incidents.

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Subtitle E—Strategic Forces

SEC. 1041. REVISED NUCLEAR POSTURE REVIEW.

(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to

clarify United States nuclear deterrence policy and strategy for the

near term, the Secretary of Defense shall conduct a comprehensive

review of the nuclear posture of the United States for the next 5 to

10 years. The Secretary shall conduct the review in consultation

with the Secretary of Energy.

(b) ELEMENTS OF REVIEW.—The nuclear posture review shall

include the following elements:

(1) The role of nuclear forces in United States military

strategy, planning, and programming.

(2) The policy requirements and objectives for the United

States to maintain a safe, reliable, and credible nuclear deterrence posture.

(3) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives.

(4) The levels and composition of the nuclear delivery systems that will be required for implementing the United States

national and military strategy, including any plans for replacing or modifying existing systems.

(5) The nuclear weapons complex that will be required for

implementing the United States national and military strategy,

including any plans to modernize or modify the complex.

(6) The active and inactive nuclear weapons stockpile that

will be required for implementing the United States national

and military strategy, including any plans for replacing or

modifying warheads.

(c) REPORT TO CONGRESS.—The Secretary of Defense shall submit to Congress, in unclassified and classified forms as necessary,

a report on the results of the nuclear posture review conducted

under this section. The report shall be submitted concurrently with

the Quadrennial Defense Review report due in December 2001.

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

nuclear posture review conducted under this section should be used

as the basis for establishing future United States arms control objectives and negotiating positions.

SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND MODERNIZATION OF UNITED STATES STRATEGIC NUCLEAR

FORCES.

(a) REQUIREMENT FOR PLAN.—The Secretary of Defense, in consultation with the Secretary of Energy, shall develop a long-range

plan for the sustainment and modernization of United States strategic nuclear forces to counter emerging threats and satisfy the

evolving requirements of deterrence.

(b) ELEMENTS OF PLAN.—The plan specified under subsection

(a) shall include the Secretary’s plans, if any, for the sustainment

and modernization of the following:

(1) Land-based and sea-based strategic ballistic missiles,

including any plans for developing replacements for the Minuteman III intercontinental ballistic missile and the Trident II

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sea-launched ballistic missile and plans for common ballistic

missile technology development.

(2) Strategic nuclear bombers, including any plans for a B–

2 follow-on, a B–52 replacement, and any new air-launched

weapon systems.

(3) Appropriate warheads to outfit the strategic nuclear delivery systems referred to in paragraphs (1) and (2) to satisfy

evolving military requirements.

(c) SUBMITTAL OF PLAN.—The plan specified under subsection

(a) shall be submitted to Congress not later than April 15, 2001.

The plan shall be submitted in unclassified and classified forms, as

necessary.

SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHORITY FOR LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.

Section 1302(b) of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948), as amended

by section 1501(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 806), is further

amended by striking ‘‘the application of the limitation in effect

under paragraph (1)(B) or (3) of subsection (a), as the case may be,’’

and inserting ‘‘the application of the limitation in effect under subsection (a) to a strategic nuclear delivery system’’.

SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED TARGETS.

(a) STUDY.—The Secretary of Defense shall, in conjunction with

the Secretary of Energy, conduct a study relating to the defeat of

hardened and deeply buried targets. Under the study, the Secretaries shall—

(1) review—

(A) the requirements of the United States to defeat

hardened and deeply buried targets and stockpiles of chemical and biological agents and related capabilities; and

(B) current and future plans to meet those requirements;

(2) determine if those plans adequately address all such requirements;

(3) identify potential future hardened and deeply buried

targets and other related targets;

(4) determine what resources and research and development

efforts are needed to defeat the targets identified under paragraph (3) as well as other requirements to defeat stockpiles of

chemical and biological agents and related capabilities;

(5) assess both current and future options to defeat hardened and deeply buried targets as well as concepts to defeat

stockpiles of chemical and biological agents and related capabilities; and

(6) determine the capability and cost of each option assessed under paragraph (5).

(b) CONDUCT OF ASSESSMENTS.—In conducting the study under

subsection (a), the Secretaries may, in order to perform the assessments required by paragraph (5) of that subsection, conduct any

limited research and development that may be necessary to perform

those assessments.

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(c) REPORT.—(1) Not later than July 1, 2001, the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of Representatives a report on the results of the study conducted under

subsection (a). The report shall be prepared in conjunction with the

Secretary of Energy.

(2) The report under paragraph (1) shall be submitted in unclassified form, together with a classified annex if necessary.

SEC. 1045. SENSE OF CONGRESS ON THE MAINTENANCE OF THE STRATEGIC NUCLEAR TRIAD.

It is the sense of Congress that, in light of the potential for further arms control agreements with the Russian Federation limiting

strategic forces—

(1) it is in the national interest of the United States to

maintain a robust and balanced triad of strategic nuclear delivery vehicles, including (A) long-range bombers, (B) land-based

intercontinental ballistic missiles (ICBMs), and (C) ballistic

missile submarines; and

(2) reductions to United States conventional bomber capability are not in the national interest of the United States.

Subtitle F—Miscellaneous Reporting

Requirements

SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND ACTIVITIES.

(a) COMPTROLLER GENERAL REVIEW REQUIRED.—The Comptroller General shall conduct a review of the working-capital fund

activities of the Department of Defense to identify any potential

changes in current management processes or policies that, if made,

would result in a more efficient and economical operation of those

activities.

(b) REVIEW TO INCLUDE CARRYOVER POLICY.—The review shall

include a review of practices under the Department of Defense policy

that authorizes funds available for working-capital fund activities

for one fiscal year to be obligated for work to be performed at such

activities within the first 90 days of the next fiscal year (known as

‘‘carryover’’). On the basis of the review, the Comptroller General

shall determine the following:

(1) The extent to which the working-capital fund activities

of the Department of Defense have complied with the 90-day

carryover policy.

(2) The reasons for the carryover authority under the policy

to apply to as much as a 90-day quantity of work.

(3) Whether applying the carryover authority to not more

than a 30-day quantity of work would be sufficient to ensure

uninterrupted operations at the working-capital fund activities

early in a fiscal year.

(4) What, if any, savings could be achieved by restricting

the carryover authority so as to apply to a 30-day quantity of

work.

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SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.

(a) REQUIREMENT.—The Secretary of the Navy shall submit to

Congress, together with the submission of the budget of the President for fiscal year 2002 under section 1105 of title 31, United

States Code, a report on the plan of the Navy for providing for submarine rescue support vessels through fiscal year 2007.

(b) CONTENT.—The report shall include a discussion of the following:

(1) The requirement for submarine rescue support vessels

through fiscal year 2007, including experience in changing from

the provision of such vessels from dedicated platforms to the

provision of such vessels through vessel of opportunity services

and charter vessels.

(2) The resources required, the risks to submariners, and

the operational impacts of the following:

(A) Chartering submarine rescue support vessels for

terms of up to five years, with options to extend the charters

for two additional five-year periods.

(B) Providing submarine rescue support vessels using

vessel of opportunity services.

(C) Providing submarine rescue support services

through other means considered by the Navy.

SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS IN DEVELOPING INFORMATION ASSURANCE STRATEGIES.

Not later than January 15, 2001, the President shall submit to

Congress a comprehensive report detailing the specific steps taken

by the Federal Government as of the date of the report to develop

critical infrastructure assurance strategies as outlined by Presidential Decision Directive No. 63 (PDD–63). The report shall include the following:

(1) A detailed summary of the progress of each Federal

agency in developing an internal information assurance plan.

(2) The progress of Federal agencies in establishing partnerships with relevant private sector industries to address critical infrastructure vulnerabilities.

SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING IN CASES OF FALSE CLAIMS.

Not later than February 1, 2001, the Secretary of Defense shall

submit to Congress a report describing the policies and procedures

for Department of Defense decisionmaking on issues arising under

sections 3729 through 3733 of title 31, United States Code, in cases

of claims submitted to the Department of Defense that are suspected

or alleged to be false. The report shall include a discussion of any

changes that have been made in the policies and procedures since

January 1, 2000, and how such procedures are being implemented.

Subtitle G—Government Information

Security Reform

SEC. 1061. COORDINATION OF FEDERAL INFORMATION POLICY.

Chapter 35 of title 44, United States Code, is amended by inserting at the end the following new subchapter:

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‘‘SUBCHAPTER II—INFORMATION SECURITY

‘‘§ 3531. Purposes

‘‘The purposes of this subchapter are the following:

‘‘(1) To provide a comprehensive framework for establishing

and ensuring the effectiveness of controls over information resources that support Federal operations and assets.

‘‘(2)(A) To recognize the highly networked nature of the Federal computing environment including the need for Federal

Government interoperability and, in the implementation of improved security management measures, assure that opportunities for interoperability are not adversely affected.

‘‘(B) To provide effective Government-wide management

and oversight of the related information security risks, including coordination of information security efforts throughout the

civilian, national security, and law enforcement communities.

‘‘(3) To provide for development and maintenance of minimum controls required to protect Federal information and information systems.

‘‘(4) To provide a mechanism for improved oversight of Federal agency information security programs.

‘‘§ 3532. Definitions

‘‘(a) Except as provided under subsection (b), the definitions

under section 3502 shall apply to this subchapter.

‘‘(b) In this subchapter:

‘‘(1) The term ‘information technology’ has the meaning

given that term in section 5002 of the Clinger-Cohen Act of

1996 (40 U.S.C. 1401).

‘‘(2) The term ‘mission critical system’ means any telecommunications or information system used or operated by an

agency or by a contractor of an agency, or other organization

on behalf of an agency, that—

‘‘(A) is defined as a national security system under section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C.

1452);

‘‘(B) is protected at all times by procedures established

for information which has been specifically authorized

under criteria established by an Executive order or an Act

of Congress to be classified in the interest of national defense or foreign policy; or

‘‘(C) processes any information, the loss, misuse, disclosure, or unauthorized access to or modification of, would

have a debilitating impact on the mission of an agency.

‘‘§ 3533. Authority and functions of the Director

‘‘(a)(1) The Director shall establish Government-wide policies

for the management of programs that—

‘‘(A) support the cost-effective security of Federal information systems by promoting security as an integral component of

each agency’s business operations; and

‘‘(B) include information technology architectures as defined under section 5125 of the Clinger-Cohen Act of 1996 (40

U.S.C. 1425).

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‘‘(2) Policies under this subsection shall—

‘‘(A) be founded on a continuing risk management cycle

that recognizes the need to—

‘‘(i) identify, assess, and understand risk; and

‘‘(ii) determine security needs commensurate with the

level of risk;

‘‘(B) implement controls that adequately address the risk;

‘‘(C) promote continuing awareness of information security

risk; and

‘‘(D) continually monitor and evaluate policy and control effectiveness of information security practices.

‘‘(b) The authority under subsection (a) includes the authority

to—

‘‘(1) oversee and develop policies, principles, standards, and

guidelines for the handling of Federal information and information resources to improve the efficiency and effectiveness of

governmental operations, including principles, policies, and

guidelines for the implementation of agency responsibilities

under applicable law for ensuring the privacy, confidentiality,

and security of Federal information;

‘‘(2) consistent with the standards and guidelines promulgated under section 5131 of the Clinger-Cohen Act of 1996 (40

U.S.C. 1441) and sections 5 and 6 of the Computer Security Act

of 1987 (40 U.S.C. 1441 note; Public Law 100–235; 101 Stat.

1729), require Federal agencies to identify and afford security

protections commensurate with the risk and magnitude of the

harm resulting from the loss, misuse, or unauthorized access to

or modification of information collected or maintained by or on

behalf of an agency;

‘‘(3) direct the heads of agencies to—

‘‘(A) identify, use, and share best security practices;

‘‘(B) develop an agency-wide information security plan;

‘‘(C) incorporate information security principles and

practices throughout the life cycles of the agency’s information systems; and

‘‘(D) ensure that the agency’s information security plan

is practiced throughout all life cycles of the agency’s information systems;

‘‘(4) oversee the development and implementation of standards and guidelines relating to security controls for Federal

computer systems by the Secretary of Commerce through the

National Institute of Standards and Technology under section

5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and section 20 of the National Institute of Standards and Technology

Act (15 U.S.C. 278g–3);

‘‘(5) oversee and coordinate compliance with this section in

a manner consistent with—

‘‘(A) sections 552 and 552a of title 5;

‘‘(B) sections 20 and 21 of the National Institute of

Standards and Technology Act (15 U.S.C. 278g–3 and

278g–4);

‘‘(C) section 5131 of the Clinger-Cohen Act of 1996 (40

U.S.C. 1441);

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‘‘(D) sections 5 and 6 of the Computer Security Act of

1987 (40 U.S.C. 1441 note; Public Law 100–235; 101 Stat.

1729); and

‘‘(E) related information management laws; and

‘‘(6) take any authorized action under section 5113(b)(5) of

the Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that the

Director considers appropriate, including any action involving

the budgetary process or appropriations management process, to

enforce accountability of the head of an agency for information

resources management, including the requirements of this subchapter, and for the investments made by the agency in information technology, including—

‘‘(A) recommending a reduction or an increase in any

amount for information resources that the head of the agency proposes for the budget submitted to Congress under section 1105(a) of title 31;

‘‘(B) reducing or otherwise adjusting apportionments

and reapportionments of appropriations for information resources; and

‘‘(C) using other authorized administrative controls

over appropriations to restrict the availability of funds for

information resources.

‘‘(c) The authorities of the Director under this section (other

than the authority described in subsection (b)(6))—

‘‘(1) shall be delegated to the Secretary of Defense, the Director of Central Intelligence, and another agency head as designated by the President in the case of systems described under

subparagraphs (A) and (B) of section 3532(b)(2);

‘‘(2) shall be delegated to the Secretary of Defense in the

case of systems described under subparagraph (C) of section

3532(b)(2) that are operated by the Department of Defense, a

contractor of the Department of Defense, or another entity on behalf of the Department of Defense; and

‘‘(3) in the case of all other Federal information systems,

may be delegated only to the Deputy Director for Management

of the Office of Management and Budget.

‘‘§ 3534. Federal agency responsibilities

‘‘(a) The head of each agency shall—

‘‘(1) be responsible for—

‘‘(A) adequately ensuring the integrity, confidentiality,

authenticity, availability, and nonrepudiation of information and information systems supporting agency operations

and assets;

‘‘(B) developing and implementing information security

policies, procedures, and control techniques sufficient to afford security protections commensurate with the risk and

magnitude of the harm resulting from unauthorized disclosure, disruption, modification, or destruction of information

collected or maintained by or for the agency; and

‘‘(C) ensuring that the agency’s information security

plan is practiced throughout the life cycle of each agency

system;

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‘‘(2) ensure that appropriate senior agency officials are responsible for—

‘‘(A) assessing the information security risks associated

with the operations and assets for programs and systems

over which such officials have control;

‘‘(B) determining the levels of information security appropriate to protect such operations and assets; and

‘‘(C) periodically testing and evaluating information security controls and techniques;

‘‘(3) delegate to the agency Chief Information Officer established under section 3506, or a comparable official in an agency

not covered by such section, the authority to administer all

functions under this subchapter including—

‘‘(A) designating a senior agency information security

official who shall report to the Chief Information Officer or

a comparable official;

‘‘(B) developing and maintaining an agencywide information security program as required under subsection (b);

‘‘(C) ensuring that the agency effectively implements

and maintains information security policies, procedures,

and control techniques;

‘‘(D) training and overseeing personnel with significant

responsibilities for information security with respect to such

responsibilities; and

‘‘(E) assisting senior agency officials concerning responsibilities under paragraph (2);

‘‘(4) ensure that the agency has trained personnel sufficient

to assist the agency in complying with the requirements of this

subchapter and related policies, procedures, standards, and

guidelines; and

‘‘(5) ensure that the agency Chief Information Officer, in coordination with senior agency officials, periodically—

‘‘(A)(i) evaluates the effectiveness of the agency information security program, including testing control techniques;

and

‘‘(ii) implements appropriate remedial actions based on

that evaluation; and

‘‘(B) reports to the agency head on—

‘‘(i) the results of such tests and evaluations; and

‘‘(ii) the progress of remedial actions.

‘‘(b)(1) Each agency shall develop and implement an agencywide

information security program to provide information security for the

operations and assets of the agency, including operations and assets

provided or managed by another agency.

‘‘(2) Each program under this subsection shall include—

‘‘(A) periodic risk assessments that consider internal and

external threats to—

‘‘(i) the integrity, confidentiality, and availability of

systems; and

‘‘(ii) data supporting critical operations and assets;

‘‘(B) policies and procedures that—

‘‘(i) are based on the risk assessments required under

subparagraph (A) that cost-effectively reduce information

security risks to an acceptable level; and

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‘‘(ii) ensure compliance with—

‘‘(I) the requirements of this subchapter;

‘‘(II) policies and procedures as may be prescribed

by the Director; and

‘‘(III) any other applicable requirements;

‘‘(C) security awareness training to inform personnel of—

‘‘(i) information security risks associated with the activities of personnel; and

‘‘(ii) responsibilities of personnel in complying with

agency policies and procedures designed to reduce such

risks;

‘‘(D) periodic management testing and evaluation of the effectiveness of information security policies and procedures;

‘‘(E) a process for ensuring remedial action to address any

significant deficiencies; and

‘‘(F) procedures for detecting, reporting, and responding to

security incidents, including—

‘‘(i) mitigating risks associated with such incidents before substantial damage occurs;

‘‘(ii) notifying and consulting with law enforcement officials and other offices and authorities;

‘‘(iii) notifying and consulting with an office designated

by the Administrator of General Services within the General Services Administration; and

‘‘(iv) notifying and consulting with an office designated

by the Secretary of Defense, the Director of Central Intelligence, and another agency head as designated by the

President for incidents involving systems described under

subparagraphs (A) and (B) of section 3532(b)(2).

‘‘(3) Each program under this subsection is subject to the approval of the Director and is required to be reviewed at least annually by agency program officials in consultation with the Chief Information Officer. In the case of systems described under subparagraphs (A) and (B) of section 3532(b)(2), the Director shall delegate

approval authority under this paragraph to the Secretary of Defense, the Director of Central Intelligence, and another agency head

as designated by the President.

‘‘(c)(1) Each agency shall examine the adequacy and effectiveness of information security policies, procedures, and practices in

plans and reports relating to—

‘‘(A) annual agency budgets;

‘‘(B) information resources management under subchapter I

of this chapter;

‘‘(C) performance and results based management under the

Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.);

‘‘(D) program performance under sections 1105 and 1115

through 1119 of title 31, and sections 2801 through 2805 of title

39; and

‘‘(E) financial management under—

‘‘(i) chapter 9 of title 31, United States Code, and the

Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;

Public Law 101–576) (and the amendments made by that

Act);

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‘‘(ii) the Federal Financial Management Improvement

Act of 1996 (31 U.S.C. 3512 note) (and the amendments

made by that Act); and

‘‘(iii) the internal controls conducted under section

3512 of title 31.

‘‘(2) Any significant deficiency in a policy, procedure, or practice

identified under paragraph (1) shall be reported as a material

weakness in reporting required under the applicable provision of

law under paragraph (1).

‘‘(d)(1) In addition to the requirements of subsection (c), each

agency, in consultation with the Chief Information Officer, shall include as part of the performance plan required under section 1115

of title 31 a description of—

‘‘(A) the time periods, and

‘‘(B) the resources, including budget, staffing, and training,

which are necessary to implement the program required under subsection (b)(1).

‘‘(2) The description under paragraph (1) shall be based on the

risk assessment required under subsection (b)(2)(A).

‘‘§ 3535. Annual independent evaluation

‘‘(a)(1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency.

‘‘(2) Each evaluation by an agency under this section shall

include—

‘‘(A) testing of the effectiveness of information security control techniques for an appropriate subset of the agency’s information systems; and

‘‘(B) an assessment (made on the basis of the results of the

testing) of the compliance with—

‘‘(i) the requirements of this subchapter; and

‘‘(ii) related information security policies, procedures,

standards, and guidelines.

‘‘(3) The Inspector General or the independent evaluator performing an evaluation under this section may use an audit, evaluation, or report relating to programs or practices of the applicable

agency.

‘‘(b)(1)(A) Subject to subparagraph (B), for agencies with Inspectors General appointed under the Inspector General Act of 1978 (5

U.S.C. App.) or any other law, the annual evaluation required

under this section or, in the case of systems described under subparagraphs (A) and (B) of section 3532(b)(2), an audit of the annual

evaluation required under this section, shall be performed by the Inspector General or by an independent evaluator, as determined by

the Inspector General of the agency.

‘‘(B) For systems described under subparagraphs (A) and (B) of

section 3532(b)(2), the evaluation required under this section shall

be performed only by an entity designated by the Secretary of Defense, the Director of Central Intelligence, or another agency head

as designated by the President.

‘‘(2) For any agency to which paragraph (1) does not apply, the

head of the agency shall contract with an independent evaluator to

perform the evaluation.

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‘‘(c) Each year, not later than the anniversary of the date of the

enactment of this subchapter, the applicable agency head shall submit to the Director—

‘‘(1) the results of each evaluation required under this section, other than an evaluation of a system described under subparagraph (A) or (B) of section 3532(b)(2); and

‘‘(2) the results of each audit of an evaluation required

under this section of a system described under subparagraph

(A) or (B) of section 3532(b)(2).

‘‘(d)(1) The Director shall submit to Congress each year a report

summarizing the materials received from agencies pursuant to subsection (c) in that year.

‘‘(2) Evaluations and audits of evaluations of systems under the

authority and control of the Director of Central Intelligence and

evaluations and audits of evaluation of National Foreign Intelligence Programs systems under the authority and control of the

Secretary of Defense shall be made available only to the appropriate

oversight committees of Congress, in accordance with applicable

laws.

‘‘(e) Agencies and evaluators shall take appropriate actions to

ensure the protection of information, the disclosure of which may

adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws.

‘‘§ 3536. Expiration

‘‘This subchapter shall not be in effect after the date that is two

years after the date on which this subchapter takes effect.’’.

SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.

(a) DEPARTMENT OF COMMERCE.—Notwithstanding section 20

of the National Institute of Standards and Technology Act (15

U.S.C. 278g–3) and except as provided under subsection (b), the Secretary of Commerce, through the National Institute of Standards

and Technology and with technical assistance from the National Security Agency, as required or when requested, shall—

(1) develop, issue, review, and update standards and guidance for the security of Federal information systems, including

development of methods and techniques for security systems

and validation programs;

(2) develop, issue, review, and update guidelines for training in computer security awareness and accepted computer security practices, with assistance from the Office of Personnel

Management;

(3) provide agencies with guidance for security planning to

assist in the development of applications and system security

plans for such agencies;

(4) provide guidance and assistance to agencies concerning

cost-effective controls when interconnecting with other systems;

and

(5) evaluate information technologies to assess security

vulnerabilities and alert Federal agencies of such

vulnerabilities as soon as those vulnerabilities are known.

(b) DEPARTMENT OF DEFENSE AND THE INTELLIGENCE COMMUNITY.—

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(1) IN GENERAL.—Notwithstanding any other provision of

this subtitle (including any amendment made by this subtitle)—

(A) the Secretary of Defense, the Director of Central Intelligence, and another agency head as designated by the

President, shall, consistent with their respective

authorities—

(i) develop and issue information security policies,

standards, and guidelines for systems described under

subparagraphs (A) and (B) of section 3532(b)(2) of title

44, United States Code (as added by section 1061 of

this Act), that provide more stringent protection, to the

maximum extent practicable, than the policies, principles, standards, and guidelines required under section 353 of such title (as added by such section 1061);

and

(ii) ensure the implementation of the information

security policies, principles, standards, and guidelines

described under clause (i); and

(B) the Secretary of Defense shall, consistent with his

authority—

(i) develop and issue information security policies,

standards, and guidelines for systems described under

subparagraph (C) of section 3532(b)(2) of title 44,

United States Code (as added by section 1061 of this

Act), that are operated by the Department of Defense,

a contractor of the Department of Defense, or another

entity on behalf of the Department of Defense that provide more stringent protection, to the maximum extent

practicable, than the policies, principles, standards,

and guidelines required under section 3533 of such

title (as added by such section 1061); and

(ii) ensure the implementation of the information

security policies, principles, standards, and guidelines

described under clause (i).

(2) MEASURES ADDRESSED.—The policies, principles, standards, and guidelines developed by the Secretary of Defense and

the Director of Central Intelligence under paragraph (1) shall

address the full range of information assurance measures needed to protect and defend Federal information and information

systems by ensuring their integrity, confidentiality, authenticity,

availability, and nonrepudiation.

(c) DEPARTMENT OF JUSTICE.—The Attorney General shall review and update guidance to agencies on—

(1) legal remedies regarding security incidents and ways to

report to and work with law enforcement agencies concerning

such incidents; and

(2) lawful uses of security techniques and technologies.

(d) GENERAL SERVICES ADMINISTRATION.—The Administrator

of General Services shall—

(1) review and update General Services Administration

guidance to agencies on addressing security considerations

when acquiring information technology; and

(2) assist agencies in—

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(A) fulfilling agency responsibilities under section

3534(b)(2)(F) of title 44, United States Code (as added by

section 1061 of this Act); and

(B) the acquisition of cost-effective security products,

services, and incident response capabilities.

(e) OFFICE OF PERSONNEL MANAGEMENT.—The Director of the

Office of Personnel Management shall—

(1) review and update Office of Personnel Management regulations concerning computer security training for Federal civilian employees;

(2) assist the Department of Commerce in updating and

maintaining guidelines for training in computer security awareness and computer security best practices; and

(3) work with the National Science Foundation and other

agencies on personnel and training initiatives (including scholarships and fellowships, as authorized by law) as necessary to

ensure that the Federal Government—

(A) has adequate sources of continuing information security education and training available for employees; and

(B) has an adequate supply of qualified information security professionals to meet agency needs.

(f) INFORMATION SECURITY POLICIES, PRINCIPLES, STANDARDS,

AND GUIDELINES.—

(1) ADOPTION OF POLICIES, PRINCIPLES, STANDARDS, AND

GUIDELINES OF OTHER AGENCIES.—The policies, principles,

standards, and guidelines developed under subsection (b) by the

Secretary of Defense, the Director of Central Intelligence, and

another agency head as designated by the President may be

adopted, to the extent that such policies are consistent with policies and guidance developed by the Director of the Office of

Management and Budget and the Secretary of Commerce—

(A) by the Director of the Office of Management and

Budget, as appropriate, for application to the mission critical systems of all agencies; or

(B) by an agency head, as appropriate, for application

to the mission critical systems of that agency.

(2) DEVELOPMENT OF MORE STRINGENT POLICIES, PRINCIPLES, STANDARDS, AND GUIDELINES.—To the extent that such

policies are consistent with policies and guidance developed by

the Director of the Office of Management and Budget and the

Secretary of Commerce, an agency may develop and implement

information security policies, principles, standards, and guidelines that provide more stringent protection than those required

under section 3533 of title 44, United States Code (as added by

section 1061 of this Act), or subsection (a) of this section.

(g) ATOMIC ENERGY ACT OF 1954.—Nothing in this subtitle (including any amendment made by this subtitle) shall supersede any

requirement made by, or under, the Atomic Energy Act of 1954 (42

U.S.C. 2011 et seq.). Restricted Data or Formerly Restricted Data

shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C.

2011 et seq.).

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SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION ASSURANCE

PROGRAM TO GOVERNMENT-WIDE INFORMATION SECURITY PROGRAM.

(a) CONSISTENCY OF REQUIREMENTS.—Subsection (b) of section

2224 of title 10, United States Code, is amended—

(1) by striking ‘‘(b) OBJECTIVES OF THE PROGRAM.—’’ and

inserting ‘‘(b) OBJECTIVES AND MINIMUM REQUIREMENTS.—(1)’’;

and

(2) by adding at the end the following:

‘‘(2) The program shall at a minimum meet the requirements of

sections 3534 and 3535 of title 44.’’.

(b) ADDITION TO ANNUAL REPORT.—Subsection (e) of such section is amended by adding at the end the following new paragraph:

‘‘(7) A summary of the actions taken in the administration

of sections 3534 and 3535 of title 44 within the Department of

Defense.’’.

SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.

(a) TABLE OF SECTIONS.—Chapter 35 of title 44, United States

Code, is amended—

(1) in the table of sections—

(A) by inserting after the chapter heading the following:

‘‘SUBCHAPTER I—FEDERAL INFORMATION POLICY’’;

and

(B) by inserting after the item relating to 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.’’;

and

(2) by inserting before section 3501 the following:

‘‘SUBCHAPTER I—FEDERAL INFORMATION POLICY’’.

(b) REFERENCES TO CHAPTER 35.—Sections 3501 through 3520

of title 44, United States Code, are amended by striking ‘‘chapter’’

each place it appears and inserting ‘‘subchapter’’, except in section

3507(i)(1) of such title.

SEC. 1065. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle shall

take effect 30 days after the date of enactment of this Act.

Subtitle H—Security Matters

SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEARANCES.

(a) IN GENERAL.—Chapter 49 of title 10, United States Code, is

amended by adding at the end the following new section:

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‘‘§ 986. Security clearances: limitations

‘‘(a) PROHIBITION.—After the date of the enactment of this section, the Department of Defense may not grant or renew a security

clearance for a person to whom this section applies who is described

in subsection (c).

‘‘(b) COVERED PERSONS.—This section applies to the following

persons:

‘‘(1) An officer or employee of the Department of Defense.

‘‘(2) A member of the Army, Navy, Air Force, or Marine

Corps who is on active duty or is in an active status.

‘‘(3) An officer or employee of a contractor of the Department of Defense.

‘‘(c) PERSONS DISQUALIFIED FROM BEING GRANTED SECURITY

CLEARANCES.—A person is described in this subsection if any of the

following applies to that person:

‘‘(1) The person has been convicted in any court of the

United States of a crime and sentenced to imprisonment for a

term exceeding one year.

‘‘(2) The person is an unlawful user of, or is addicted to,

a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

‘‘(3) The person is mentally incompetent, as determined by

a mental health professional approved by the Department of Defense.

‘‘(4) The person has been discharged or dismissed from the

Armed Forces under dishonorable conditions.

‘‘(d) WAIVER AUTHORITY.—In a meritorious case, the Secretary

of Defense or the Secretary of the military department concerned

may authorize an exception to the prohibition in subsection (a) for

a person described in paragraph (1) or (4) of subsection (c). The authority under the preceding sentence may not be delegated.

‘‘(e) ANNUAL REPORT.—Not later than February 1 each year, the

Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report identifying

each waiver issued under subsection (d) during the preceding year

with an explanation for each case of the disqualifying factor in subsection (c) that applied, and the reason for the waiver of the disqualification.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘986. Security clearances: limitations.’’.

SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS FOR SECURITY CLEARANCES FOR DEPARTMENT OF

DEFENSE PERSONNEL AND DEFENSE CONTRACTOR PERSONNEL.

(a) ESTABLISHMENT OF PROCESS.—Chapter 80 of title 10,

United States Code, is amended by adding after section 1563, as

added by section 542(a), the following new section:

‘‘§ 1564. Security clearance investigations

‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense shall prescribe a process for expediting the completion of the background inVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00320 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.108 pfrm03 PsN: HR945
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vestigations necessary for granting security clearances for Department of Defense personnel and Department of Defense contractor

personnel who are engaged in sensitive duties that are critical to the

national security.

‘‘(b) REQUIRED FEATURES.—The process developed under subsection (a) shall provide for the following:

‘‘(1) Quantification of the requirements for background investigations necessary for grants of security clearances for Department of Defense personnel and Department of Defense contractor personnel.

‘‘(2) Categorization of personnel on the basis of the degree

of sensitivity of their duties and the extent to which those duties

are critical to the national security.

‘‘(3) Prioritization of the processing of background investigations on the basis of the categories of personnel determined

under paragraph (2).

‘‘(c) ANNUAL REVIEW.—The Secretary shall conduct an annual

review of the process prescribed under subsection (a) and shall revise that process as determined necessary in relation to ongoing Department of Defense missions.

‘‘(d) CONSULTATION REQUIREMENT.—The Secretary shall consult with the Secretaries of the military departments and the heads

of Defense Agencies in carrying out this section.

‘‘(e) SENSITIVE DUTIES.—For the purposes of this section, it is

not necessary for the performance of duties to involve classified activities or classified matters in order for the duties to be considered

sensitive and critical to the national security.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating

to section 1563, as added by section 542(b), the following new item:

‘‘1564. Security clearance investigations.’’.

(c) DEADLINE FOR PRESCRIBING PROCESS FOR PRIORITIZING

BACKGROUND INVESTIGATIONS FOR SECURITY CLEARANCES.—The

process required by section 1564(a) of title 10, United States Code,

as added by subsection (a), for expediting the completion of the

background investigations necessary for granting security clearances

for certain persons shall be prescribed not later than January 1,

2001.

SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMATION FROM PUBLIC DISCLOSURE.

(a) IN GENERAL.—Chapter 3 of title 10, United States Code, is

amended by inserting after section 130b the following new section:

‘‘§ 130c. Nondisclosure of information: certain sensitive information of foreign governments and international

organizations

‘‘(a) EXEMPTION FROM DISCLOSURE.—The national security official concerned (as defined in subsection (h)) may withhold from

public disclosure otherwise required by law sensitive information of

foreign governments in accordance with this section.

‘‘(b) INFORMATION ELIGIBLE FOR EXEMPTION.—For the purposes

of this section, information is sensitive information of a foreign govVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00321 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.108 pfrm03 PsN: HR945
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ernment only if the national security official concerned makes each

of the following determinations with respect to the information:

‘‘(1) That the information was provided by, otherwise made

available by, or produced in cooperation with, a foreign government or international organization.

‘‘(2) That the foreign government or international organization is withholding the information from public disclosure (relying for that determination on the written representation of the

foreign government or international organization to that effect).

‘‘(3) That any of the following conditions are met:

‘‘(A) The foreign government or international organization requests, in writing, that the information be withheld.

‘‘(B) The information was provided or made available

to the United States Government on the condition that it

not be released to the public.

‘‘(C) The information is an item of information, or is in

a category of information, that the national security official

concerned has specified in regulations prescribed under

subsection (f) as being information the release of which

would have an adverse effect on the ability of the United

States Government to obtain the same or similar information in the future.

‘‘(c) INFORMATION OF OTHER AGENCIES.—If the national security official concerned provides to the head of another agency sensitive information of a foreign government, as determined by that

national security official under subsection (b), and informs the head

of the other agency of that determination, then the head of the other

agency shall withhold the information from any public disclosure

unless that national security official specifically authorizes the disclosure.

‘‘(d) LIMITATIONS.—(1) If a request for disclosure covers any

sensitive information of a foreign government (as described in subsection (b)) that came into the possession or under the control of the

United States Government before the date of the enactment of the

Floyd D. Spence National Defense Authorization Act for Fiscal Year

2001 and more than 25 years before the request is received by an

agency, the information may be withheld only as set forth in paragraph (3).

‘‘(2)(A) If a request for disclosure covers any sensitive information of a foreign government (as described in subsection (b)) that

came into the possession or under the control of the United States

Government on or after the date referred to in paragraph (1), the

authority to withhold the information under this section is subject

to the provisions of subparagraphs (B) and (C).

‘‘(B) Information referred to in subparagraph (A) may not be

withheld under this section after—

‘‘(i) the date that is specified by a foreign government or

international organization in a request or expression of a condition described in paragraph (1) or (2) of subsection (b) that is

made by the foreign government or international organization

concerning the information; or

‘‘(ii) if there are more than one such foreign governments or

international organizations, the latest date so specified by any

of them.

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‘‘(C) If no date is applicable under subparagraph (B) to a request referred to in subparagraph (A) and the information referred

to in that subparagraph came into possession or under the control

of the United States more than 10 years before the date on which

the request is received by an agency, the information may be withheld under this section only as set forth in paragraph (3).

‘‘(3) Information referred to in paragraph (1) or (2)(C) may be

withheld under this section in the case of a request for disclosure

only if, upon the notification of each foreign government and international organization concerned in accordance with the regulations

prescribed under subsection (g)(2), any such government or organization requests in writing that the information not be disclosed for

an additional period stated in the request of that government or organization. After the national security official concerned considers

the request of the foreign government or international organization,

the official shall designate a later date as the date after which the

information is not to be withheld under this section. The later date

may be extended in accordance with a later request of any such foreign government or international organization under this paragraph.

‘‘(e) INFORMATION PROTECTED UNDER OTHER AUTHORITY.—This

section does not apply to information or matters that are specifically

required in the interest of national defense or foreign policy to be

protected against unauthorized disclosure under criteria established

by an Executive order and are classified, properly, at the confidential, secret, or top secret level pursuant to such Executive order.

‘‘(f) DISCLOSURES NOT AFFECTED.—Nothing in this section shall

be construed to authorize any official to withhold, or to authorize

the withholding of, information from the following:

‘‘(1) Congress.

‘‘(2) The Comptroller General, unless the information relates to activities that the President designates as foreign intelligence or counterintelligence activities.

‘‘(g) REGULATIONS.—(1) The national security officials referred

to in subsection (h)(1) shall each prescribe regulations to carry out

this section. The regulations shall include criteria for making the

determinations required under subsection (b). The regulations may

provide for controls on access to and use of, and special markings

and specific safeguards for, a category or categories of information

subject to this section.

‘‘(2) The regulations shall include procedures for notifying and

consulting with each foreign government or international organization concerned about requests for disclosure of information to which

this section applies.

‘‘(h) DEFINITIONS.—In this section:

‘‘(1) The term ‘national security official concerned’ means

the following:

‘‘(A) The Secretary of Defense, with respect to information of concern to the Department of Defense, as determined

by the Secretary.

‘‘(B) The Secretary of Transportation, with respect to

information of concern to the Coast Guard, as determined

by the Secretary, but only while the Coast Guard is not operating as a service in the Navy.

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‘‘(C) The Secretary of Energy, with respect to information concerning the national security programs of the Department of Energy, as determined by the Secretary.

‘‘(2) The term ‘agency’ has the meaning given that term in

section 552(f) of title 5.

‘‘(3) The term ‘international organization’ means the following:

‘‘(A) A public international organization designated

pursuant to section 1 of the International Organizations

Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being entitled to enjoy the privileges, exemptions, and immunities

provided in such Act.

‘‘(B) A public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs.

‘‘(C) An official mission, except a United States mission, to a public international organization referred to in

subparagraph (A) or (B).’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 130b the following new item:

‘‘130c. Nondisclosure of information: certain sensitive information of foreign governments and international organizations.’’.

SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS OF THE DEPARTMENT OF DEFENSE FROM PUBLIC

DISCLOSURE.

Section 455(b)(1)(C) of title 10, United States Code, is amended

by striking ‘‘or reveal military operational or contingency plans’’

and inserting ‘‘, reveal military operational or contingency plans, or

reveal, jeopardize, or compromise military or intelligence capabilities’’.

SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES.

(a) IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR

DECLASSIFICATION ACTIVITIES.—Section 230 of title 10, United

States Code, is amended—

(1) by striking ‘‘, as a budgetary line item,’’; and

(2) by adding at the end the following new sentence: ‘‘Identification of such amounts in such budget justification materials shall be in a single display that shows the total amount

for the Department of Defense and the amount for each military

department and Defense Agency.’’.

(b) LIMITATION ON EXPENDITURES.—The total amount expended

by the Department of Defense during fiscal year 2001 to carry out

declassification activities under the provisions of sections 3.4, 3.5,

and 3.6 of Executive Order 12958 (50 U.S.C. 435 note) and for special searches (including costs for document search, copying, and review and imagery analysis) may not exceed $30,000,000.

(c) COMPILATION AND ORGANIZATION OF RECORDS.—The Department of Defense may not be required, when conducting a special

search, to compile or organize records that have already been declassified and placed into the public domain.

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(d) SPECIAL SEARCHES.—For the purpose of this section, the

term ‘‘special search’’ means the response of the Department of Defense to any of the following:

(1) A statutory requirement to conduct a declassification review on a specified set of agency records.

(2) An Executive order to conduct a declassification review

on a specified set of agency records.

(3) An order from the President or an official with delegated authority from the President to conduct a declassification

review on a specified set of agency records.

SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR NATIONAL SECURITY AND OTHER PURPOSES.

(a) COVERAGE OF DEPARTMENT OF TRANSPORTATION.—Section

9101 of title 5, United States Code, is amended—

(1) by adding at the end of subsection (a) the following new

paragraph:

‘‘(6) The term ‘covered agency’ means any of the following:

‘‘(A) The Department of Defense.

‘‘(B) The Department of State.

‘‘(C) The Department of Transportation.

‘‘(D) The Office of Personnel Management.

‘‘(E) The Central Intelligence Agency.

‘‘(F) The Federal Bureau of Investigation.’’;

(2) in subsection (b)(1)—

(A) by striking ‘‘by the Department of Defense’’ and all

that follows through ‘‘Federal Bureau of Investigation’’ and

inserting ‘‘by the head of a covered agency’’; and

(B) by striking ‘‘such department, office, agency, or bureau’’ and inserting ‘‘that covered agency’’; and

(3) in subsection (c), by striking ‘‘The Department of Defense’’ and all that follows through ‘‘Federal Bureau of Investigation’’ and inserting ‘‘A covered agency’’.

(b) REPEAL OF EXPIRED PROVISION.—Subsection (b) of such section is amended by striking paragraph (3).

(c) EXPANDED PURPOSES FOR ACCESS TO CRIMINAL HISTORY INFORMATION.—Subsection (b) of such section is further amended—

(1) by redesignating paragraph (2) as paragraph (4);

(2) in the first sentence of paragraph (1)—

(A) by inserting ‘‘any of the following:’’ after ‘‘eligibility

for’’; and

(B) by striking ‘‘(A) access to classified information’’

and all that follows through the end of the sentence and inserting the following:

‘‘(A) Access to classified information.

‘‘(B) Assignment to or retention in sensitive national security duties.

‘‘(C) Acceptance or retention in the armed forces.

‘‘(D) Appointment, retention, or assignment to a position of

public trust or a critical or sensitive position while either employed by the Government or performing a Government contract.’’;

(3) by designating the second sentence of paragraph (1) as

paragraph (2); and

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(4) by designating the third sentence of paragraph (1) as

paragraph (3) and in that sentence by striking ‘‘, nor shall’’ and

all that follows through the end of the sentence and inserting

a period.

(d) USE OF AUTOMATED INFORMATION DELIVERY SYSTEMS.—

Such section is further amended—

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following new subsection (e):

‘‘(e)(1) Automated information delivery systems shall be used to

provide criminal history record information to a covered agency

under subsection (b) whenever available.

‘‘(2) Fees, if any, charged for automated access through such

systems may not exceed the reasonable cost of providing such access.

‘‘(3) The criminal justice agency providing the criminal history

record information through such systems may not limit disclosure

on the basis that the repository is accessed from outside the State.

‘‘(4) Information provided through such systems shall be the full

and complete criminal history record.

‘‘(5) Criminal justice agencies shall accept and respond to requests for criminal history record information through such systems

with printed or photocopied records when requested.’’.

(e) TECHNICAL AMENDMENTS.—Subsection (a) of such section is

amended—

(1) in paragraph (1), by striking ‘‘includes’’ and all that follows through ‘‘thereof which’’ and inserting ‘‘means (A) any Federal, State, or local court, and (B) any Federal, State, or local

agency, or any subunit thereof, which’’; and

(2) in paragraph (4)—

(A) by inserting ‘‘the Commonwealth of’’ before ‘‘the

Northern Mariana Islands’’; and

(B) by striking ‘‘the Trust Territory of the Pacific Islands,’.

(f) CONFORMING AMENDMENTS.—(1)(A) The heading for chapter

91 of title 5, United States Code, is amended to read as follows:

‘‘CHAPTER 91—ACCESS TO CRIMINAL HISTORY RECORDS

FOR NATIONAL SECURITY AND OTHER PURPOSES’’.

(B) The item relating to chapter 91 in the table of chapters at

the beginning of part III of such title is amended to read as follows:

‘‘91. Access to Criminal History Records for National Security and Other Purposes ........................................................................................ 9101’’.

(2)(A) The heading of section 9101 of such title is amended to

read as follows:

‘‘§ 9101. Access to criminal history records for national security and other purposes’’.

(B) The item relating to that section in the table of sections at

the beginning of chapter 91 of such title is amended to read as follows:

‘‘9101. Access to criminal history records for national security and other purposes.’’.

(g) REPEAL OF SUPERSEDED PROVISION.—(1) Section 520a of

title 10, United States Code, is repealed.

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(2) The table of sections at the beginning of chapter 31 of such

title is amended by striking the item relating to section 520a.

SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS SECURITY FOR INTELLIGENCE

COLLECTION ACTIVITIES.

Section 431(a) of title 10, United States Code, is amended in the

second sentence by striking ‘‘December 31, 2000’’ and inserting ‘‘December 31, 2002’’.

SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SECRECY POLICIES

AND CONSIDERATION OF HEALTH OF WORKERS AT

FORMER DEPARTMENT OF DEFENSE NUCLEAR FACILITIES.

(a) REVIEW OF SECRECY POLICIES.—(1) The Secretary of Defense

shall review classification and security policies of the Department of

Defense in order to ensure that, within appropriate national security

constraints, those policies do not prevent or discourage former defense nuclear weapons facility employees who may have been exposed to radioactive or other hazardous substances associated with

nuclear weapons from discussing such exposures with appropriate

health care providers and with other appropriate officials.

(2) The policies reviewed under paragraph (1) shall include the

policy to neither confirm nor deny the presence of nuclear weapons

as that policy is applied to former defense nuclear weapons facilities.

(b) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘former defense nuclear weapons facility employees’’ means employees and former employees of the Department of Defense who are or were employed at a site that, as of

the date of the enactment of this Act, is a former defense nuclear weapons facility.

(2) The term ‘‘former defense nuclear weapons facility’’

means a current or former Department of Defense site in the

United States which at one time was a defense nuclear weapons

facility but which no longer contains nuclear weapons or materials and otherwise is no longer used for such purpose.

(3) The term ‘‘defense nuclear weapons facility’’ means a

Department of Defense site in the United States at which nuclear weapons or materials are stored, assembled, disassembled,

or maintained.

(c) NOTIFICATION OF AFFECTED EMPLOYEES.—(1) The Secretary

of Defense shall seek to identify individuals—

(A) who are former defense nuclear weapons facility employees; and

(B) who, while employed at a defense nuclear weapons facility, may have been exposed to radioactive or hazardous substances associated with nuclear weapons.

(2) Upon identification of any individual under paragraph (1),

the Secretary of Defense shall notify that individual, by mail or

other individual means, of any such exposure to radioactive or hazardous substances associated with nuclear weapons that has been

identified by the Secretary. The notification shall include an explanation of how (or the degree to which) that individual can discuss

any such exposure with a health care provider who does not hold

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cedures and, if necessary, provide guidance to facilitate the ability

of that individual to contact a health care provider with appropriate

security clearances or otherwise to discuss such exposures with other

officials who are determined by the Secretary of Defense to be appropriate.

(d) REPORT.—Not later than May 1, 2001, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth—

(1) the results of the review conducted under subsection (a),

including any changes made or recommendations for legislation; and

(2) the status of the notifications required by subsection (b)

and an anticipated date by which the identification and notification of individuals under that subsection will be completed.

(e) CONSULTATION WITH SECRETARY OF ENERGY.—The Secretary of Defense shall carry out the review under subsection (a) and

the identification of individuals under subsection (b), and shall prepare the report under subsection (c), in consultation with the Secretary of Energy.

Subtitle I—Other Matters

SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER DEFENSE

EXPORT LOAN GUARANTEE PROGRAM.

(a) AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS

ON AN INTERIM BASIS.—Section 2540c(d) of title 10, United States

Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘FEES.—’’; and

(2) by adding at the end the following new paragraph:

‘‘(2)(A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this

subchapter, the Secretary may use amounts currently available for

operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.

‘‘(B) The Secretary shall, from funds in the special account established under paragraph (1), replenish operations and maintenance accounts for amounts expended under subparagraph (A) as

soon as the Secretary determines practicable.’’.

(b) EFFECTIVE DATE.—Paragraph (2) of section 2540c(d) of title

10, United States Code, as added by subsection (a), shall take effect

on October 1, 2000.

(c) LIMITATION PENDING SUBMISSION OF REPORT.—The Secretary of Defense may not exercise the authority provided by paragraph (2) of section 2540c(d) of title 10, United States Code, as

added by subsection (a), until the Secretary submits to Congress a

report on the operation of the Defense Export Loan Guarantee Program under subchapter V of chapter 148 of title 10, United States

Code. The report shall include the following:

(1) A discussion of the effectiveness of the loan guarantee

program in furthering the sale of United States defense articles,

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defense services, and design and construction services to nations

that are specified in section 2540(b) of such title, to include a

comparison of the loan guarantee program with other United

States Government programs that are intended to contribute to

the sale of United States defense articles, defense services, and

design and construction services and other comparisons the Secretary determines to be appropriate.

(2) A discussion of the requirements and resources (including personnel and funds) for continued administration of the

loan guarantee program by the Defense Department, to

include—

(A) an itemization of the requirements necessary and

resources available (or that could be made available) to administer the loan guarantee program for each of the following entities: the Defense Security Cooperation Agency,

the Department of Defense International Cooperation Office, and other Defense Department agencies, offices, or activities as the Secretary may specify; and

(B) for each such activity, agency, or office, a comparison of the use of Defense Department personnel exclusively

to administer, manage, and oversee the program with the

use of contracted commercial entities to administer and

manage the program.

(3) Any legislative recommendations that the Secretary believes could improve the effectiveness of the program.

(4) A determination made by the Secretary of Defense indicating which Defense Department agency, office, or other activity should administer, manage, and oversee the loan guarantee

program to increase sales of United States defense articles, defense services, and design and construction services, such determination to be made based on the information and analysis

provided in the report.

SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF DEFENSE

PERSONNEL IN POOR AIR QUALITY AREAS.

(a) IN GENERAL.—(1) Chapter 134 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 2259. Transit pass program: personnel in poor air quality

areas

‘‘(a) ESTABLISHMENT OF PROGRAM.—To encourage Department

of Defense personnel assigned to duty, or employed, in poor air quality areas to use means other than single-occupancy motor vehicles

to commute to or from the location of their duty assignments, the

Secretary of Defense shall exercise the authority provided in section

7905 of title 5 to establish a program to provide a transit pass benefit under subsection (b)(2)(A) of that section for members of the

Army, Navy, Air Force, and Marine Corps who are assigned to duty,

and to Department of Defense civilian officers and employees who

are employed, in a poor air quality area.

‘‘(b) POOR AIR QUALITY AREAS.—In this section, the term ‘poor

air quality area’ means an area—

‘‘(1) that is subject to the national ambient air quality

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mental Protection Agency under section 109 of the Clean Air

Act (42 U.S.C. 7409); and

‘‘(2) that, as determined by the Administrator of the Environmental Protection Agency, is a nonattainment area with respect to any of those standards.’’.

(2) The table of sections at the beginning of subchapter II of

such chapter is amended by adding at the end the following new

item:

‘‘2259. Transit pass program: personnel in poor air quality areas.’’.

(b) TIME FOR IMPLEMENTATION.—The Secretary of Defense shall

prescribe the effective date for the transit pass program required

under section 2259 of title 10, United States Code, as added by subsection (a). The effective date so prescribed may not be later than

the first day of the first month that begins on or after the date that

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

SEC. 1083. TRANSFER OF VIETNAM ERA TA–4 AIRCRAFT TO NONPROFIT

FOUNDATION.

(a) AUTHORITY TO CONVEY.—The Secretary of the Navy may

convey, without consideration, to the nonprofit Collings Foundation

of Stow, Massachusetts (in this section referred to as the ‘‘foundation’’), all right, title, and interest of the United States in and to one

surplus TA–4 aircraft that is flyable or that can be readily restored

to flyable condition. The conveyance shall be made by means of a

conditional deed of gift.

(b) CONDITION OF AIRCRAFT.—(1) The Secretary may not convey

ownership of an aircraft under subsection (a) until the Secretary determines that the foundation has altered the aircraft in such manner as the Secretary determines necessary to ensure that the aircraft

does not have any capability for use as a platform for launching or

releasing munitions or any other combat capability that it was designed to have. The foundation shall complete any such alteration

within one year after the date of the enactment of this Act.

(2) The Secretary is not required to repair or alter the condition

of the aircraft before conveying ownership of the aircraft.

(c) REVERTER UPON BREACH OF CONDITIONS.—The Secretary

shall include in the instrument of conveyance of the aircraft—

(1) a condition that the foundation not convey any ownership interest in, or transfer possession of, the aircraft to any

other party without the prior approval of the Secretary;

(2) a condition that the foundation operate and maintain

the aircraft in compliance with all applicable limitations and

maintenance requirements imposed by the Administrator of the

Federal Aviation Administration; and

(3) a condition that if the Secretary determines at any time

that the foundation has conveyed an ownership interest in, or

transferred possession of, the aircraft to any other party without

the prior approval of the Secretary, or has failed to comply with

the condition set forth in paragraph (2), all right, title, and interest in and to the aircraft, including any repair or alteration

of the aircraft, shall revert to the United States, and the United

States shall have the right of immediate possession of the aircraft.

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(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—The

conveyance of the aircraft under subsection (a) shall be made at no

cost to the United States. Any costs associated with the conveyance,

costs of determining compliance with subsection (b), and costs of operation and maintenance of the aircraft conveyed shall be borne by

the foundation.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with a

conveyance under this section as the Secretary considers appropriate

to protect the interests of the United States.

(f ) CLARIFICATION OF LIABILITY.—Notwithstanding any other

provision of law, upon the conveyance of ownership of a TA–4 aircraft to the foundation under subsection (a), the United States shall

not be liable for any death, injury, loss, or damage that results from

any use of that aircraft by any person other than the United States.

SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM.

(a) DONATION REQUIRED.—The Secretary of the Army shall convey, without consideration, to the Friends of the Cannonball House,

Incorporated (in this section referred to as the ‘‘recipient’’), which is

a nonprofit corporation that operates the Cannonball House Museum in Macon, Georgia, all right, title, and interest of the United

States in and to a 12-pounder Napoleon cannon bearing the following markings:

(1) On the top ‘‘CS’’.

(2) On the face of the muzzle: ‘‘Macon Arsenal, 1864/

No.41/1164 ET’’.

(3) On the right trunnion: ‘‘Macon Arsenal GEO/1864/

No.41/WT.1164/E.T.’’.

(b) ADDITIONAL TERMS AND CONDITIONS ON CONVEYANCE.—The

Secretary of the Army shall include in the instrument of conveyance

of the cannon under subsection (a)—

(1) a condition that the recipient not convey any ownership

interest in, or transfer possession of, the cannon to any other

party without the prior approval of the Secretary; and

(2) a condition that if the Secretary determines at any time

that the recipient has conveyed an ownership interest in, or

transferred possession of, the cannon to any other party without

the prior approval of the Secretary, all right, title, and interest

in and to the cannon shall revert to the United States, and the

United States shall have the right of immediate possession of

the cannon.

(c) RELATIONSHIP TO OTHER LAW.—The conveyance required

under this section may be carried out without regard to the Act entitled ‘‘An Act for the preservation of American antiquities’’, approved

June 8, 1906 (16 U.S.C. 431 et seq.), popularly referred to as the

‘‘Antiquities Act of 1906’’.

(d) ACQUISITION OF REPLACEMENT MACON CANNON.—If the Secretary of the Army determines that the Army’s inventory of Civil

War era cannons should include an additional cannon documented

as having been manufactured in Macon, Georgia, to replace the cannon conveyed under subsection (a), the Secretary may acquire such

a cannon by donation or purchase with funds made available for

this purpose.

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SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE

PUBLIC.

(a) ARMY.—(1) Chapter 437 of title 10, United States Code, is

amended by adding at the end the following new section:

‘‘§ 4595. Army Military History Institute: fee for providing historical information to the public

‘‘(a) AUTHORITY.—Except as provided in subsection (b), the Secretary of the Army may charge a person a fee for providing the person with information from the United States Army Military History

Institute that is requested by that person.

‘‘(b) EXCEPTIONS.—A fee may not be charged under this

section—

‘‘(1) to a person for information that the person requests to

carry out a duty as a member of the armed forces or an officer

or employee of the United States; or

‘‘(2) for a release of information under section 552 of title

5.

‘‘(c) LIMITATION ON AMOUNT.—A fee charged for providing information under this section may not exceed the cost of providing

the information.

‘‘(d) RETENTION OF FEES.—Amounts received under subsection

(a) for providing information in any fiscal year shall be credited to

the appropriation or appropriations charged the costs of providing

information to the public from the United States Army Military History Institute during that fiscal year.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘United States Army Military History Institute’ means the archive for historical records and materials of

the Army that the Secretary of the Army designates as the primary archive for such records and materials.

‘‘(2) The terms ‘officer of the United States’ and ‘employee

of the United States’ have the meanings given the terms ‘officer’

and ‘employee’, respectively, in sections 2104 and 2105, respectively, of title 5.’’.

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

amended by adding at the end the following new item:

‘‘4595. Army Military History Institute: fee for providing historical information to the

public.’’.

(b) NAVY.—(1) Chapter 649 of such title is amended by adding

at the end the following new section:

‘‘§ 7582. Naval and Marine Corps Historical Centers: fee for

providing historical information to the public

‘‘(a) AUTHORITY.—Except as provided in subsection (b), the Secretary of the Navy may charge a person a fee for providing the person with information from the United States Naval Historical Center or the Marine Corps Historical Center that is requested by that

person.

‘‘(b) EXCEPTIONS.—A fee may not be charged under this

section—

‘‘(1) to a person for information that the person requests to

carry out a duty as a member of the armed forces or an officer

or employee of the United States; or

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‘‘(2) for a release of information under section 552 of title

5.

‘‘(c) LIMITATION ON AMOUNT.—A fee charged for providing information under this section may not exceed the cost of providing

the information.

‘‘(d) RETENTION OF FEES.—Amounts received under subsection

(a) for providing information from the United States Naval Historical Center or the Marine Corps Historical Center in any fiscal year

shall be credited to the appropriation or appropriations charged the

costs of providing information to the public from that historical center during that fiscal year.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘United States Naval Historical Center’

means the archive for historical records and materials of the

Navy that the Secretary of the Navy designates as the primary

archive for such records and materials.

‘‘(2) The term ‘Marine Corps Historical Center’ means the

archive for historical records and materials of the Marine Corps

that the Secretary of the Navy designates as the primary archive for such records and materials.

‘‘(3) The terms ‘officer of the United States’ and ‘employee

of the United States’ have the meanings given the terms ‘officer’

and ‘employee’, respectively, in sections 2104 and 2105, respectively, of title 5.’’.

(2) The heading of such chapter is amended by striking ‘‘RELATED’’.

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

amended by adding at the end the following new item:

‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical information to the public.’’.

(B) The item relating to such chapter in the tables of chapters

at the beginning of subtitle C of such title and the beginning of part

IV of such subtitle is amended by striking out ‘‘Related’’.

(c) AIR FORCE.—(1) Chapter 937 of such title is amended by

adding at the end the following new section:

‘‘§ 9594. Air Force Military History Institute: fee for providing

historical information to the public

‘‘(a) AUTHORITY.—Except as provided in subsection (b), the Secretary of the Air Force may charge a person a fee for providing the

person with information from the United States Air Force Military

History Institute that is requested by that person.

‘‘(b) EXCEPTIONS.—A fee may not be charged under this

section—

‘‘(1) to a person for information that the person requests to

carry out a duty as a member of the armed forces or an officer

or employee of the United States; or

‘‘(2) for a release of information under section 552 of title

5.

‘‘(c) LIMITATION ON AMOUNT.—A fee charged for providing information under this section may not exceed the cost of providing

the information.

‘‘(d) RETENTION OF FEES.—Amounts received under subsection

(a) for providing information in any fiscal year shall be credited to

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the appropriation or appropriations charged the costs of providing

information to the public from the United States Air Force Military

History Institute during that fiscal year.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘United States Air Force Military History Institute’ means the archive for historical records and materials

of the Air Force that the Secretary of the Air Force designates

as the primary archive for such records and materials.

‘‘(2) The terms ‘officer of the United States’ and ‘employee

of the United States’ have the meanings given the terms ‘officer’

and ‘employee’, respectively, in sections 2104 and 2105, respectively, of title 5.’’.

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

amended by adding at the end the following new item:

‘‘9594. Air Force Military History Institute: fee for providing historical information

to the public.’’.

SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES

EMERGENCY SERVICES.

(a) GRANTS AUTHORIZED.—Subject to subsection (b), the Secretary of Defense may make a grant to the American Red Cross in

an amount not to exceed $9,400,000 in each of fiscal years 2001,

2002, and 2003 for the support of the Armed Forces Emergency

Services program of the American Red Cross.

(b) MATCHING REQUIREMENT.—The grant under subsection (a)

for a fiscal year may not be made until after the American Red

Cross Incorporated, certifies to the Secretary of Defense that the

American Red Cross will expend for the Armed Forces Emergency

Services program for that fiscal year funds, derived from non-Federal sources, in a total amount that equals or exceeds the amount

of the grant.

SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States

Code, is amended as follows:

(1) Section 180(d) is amended by striking ‘‘section 5376’’

and inserting ‘‘section 5315’’.

(2) Section 628(c)(2) is amended by striking ‘‘section’’ in the

second sentence after ‘‘rather than the provisions of’’ and inserting ‘‘sections’’.

(3) Section 702(b)(2) is amended by striking ‘‘section 230(c)’’

and inserting ‘‘section 203(c)’’.

(4) Section 706(c) is amended—

(A) by striking ‘‘(1)’’ after ‘‘(c)’’; and

(B) by striking paragraph (2).

(5) Section 1074g is amended—

(A) in subsection (a)(6), by striking ‘‘as part of the regulations established’’ and inserting ‘‘in the regulations prescribed’’;

(B) in subsection (a)(7), by striking ‘‘not included on

the uniform formulary, but,’’ and inserting ‘‘that are not included on the uniform formulary but that are’’;

(C) in subsection (b)(1), by striking ‘‘required by’’ in the

last sentence and inserting ‘‘prescribed under’’;

305

(D) in subsection (d)(2), by striking ‘‘Not later than’’

and all that follows through ‘‘utilize’’ and inserting ‘‘Effective not later than April 5, 2000, the Secretary shall use’’;

(E) in subsection (e)—

(i) by striking ‘‘Not later than April 1, 2000, the’’

and inserting ‘‘The’’; and

(ii) by inserting ‘‘in’’ before ‘‘the TRICARE’’ and before ‘‘the national’’;

(F) in subsection (f)—

(i) by striking ‘‘As used in this section—’’ and inserting ‘‘In this section:’’;

(ii) by striking ‘‘the’’ at the beginning of paragraphs (1) and (2) and inserting ‘‘The’’; and

(iii) by striking ‘‘; and’’ at the end of paragraph (1)

and inserting a period; and

(G) in subsection (g), by striking ‘‘promulgate’’ and inserting ‘‘prescribe’’.

(6) Section 1076c(b)(5)(C) is amended by striking ‘‘pursuant

to subsection (i)(2) of such section’’.

(7) Section 1095d(b) is amended by striking ‘‘subparagraphs’’ and inserting ‘‘subparagraph’’.

(8) Section 1109(b) is amended by striking ‘‘(1)’’ before ‘‘The

Secretaries’’.

(9) Section 1142(b)(4) is amended by striking ‘‘sections

1151, 1152, and 1153 of this title’’ and inserting ‘‘sections 1152

and 1153 of this title and the Troops-to-Teachers Program Act

of 1999 (20 U.S.C. 9301 et seq.)’’.

(10) Section 1448(b)(3)(E)(ii) is amended by striking the

second comma after ‘‘October 16, 1998’’.

(11) Section 1598 is amended—

(A) in subsection (d)(2), by inserting ‘‘as in effect on October 4, 1999,’’ after ‘‘of this title,’’ both places it appears;

and

(B) in subsection (f), by inserting ‘‘, as in effect on October 4, 1999,’’ after ‘‘of this title’’.

(12) Section 2113(f) is amended—

(A) by striking paragraph (2);

(B) by redesignating paragraph (3) as paragraph (4);

and

(C) by designating the penultimate sentence and the

last sentence of paragraph (1) as paragraphs (2) and (3),

respectively.

(13) Section 2401(b)(1)(B) is amended by striking ‘‘Committees on Appropriations’’ and inserting ‘‘Committee on Appropriations’’.

(14) Section 2410j is amended—

(A) in subsection (f)(2), by inserting ‘‘as in effect on October 4, 1999,’’ after ‘‘of this title,’’ both places it appears;

and

(B) in subsection (h), by inserting ‘‘, as in effect on October 4, 1999,’’ after ‘‘of this title’’.

(15) Section 2688 is amended by redesignating subsections

(i) and (j) as subsections (h) and (i), respectively.

306

(16) Section 2814(k) is amended by inserting ‘‘and’’ after

‘‘Balanced Budget’’.

(17) Sections 4357(e)(5), 6975(e)(5), and 9356(e)(5) are

amended by inserting a close parenthesis after ‘‘80b–2)’’.

(18) Section 5143(c)(2) is amended by striking ‘‘has a

grade’’ and inserting ‘‘has the grade of’’.

(19) Section 5144(c)(2) is amended by striking ‘‘has a

grade’’ and inserting ‘‘has the grade of’’.

(20) Section 10218 is amended—

(A) in subsections (a)(1), (b)(1), (b)(2)(A), and

(b)(2)(B)(ii), by striking ‘‘the date of the enactment of this

section’’ each place it appears and inserting ‘‘October 5,

1999,’’;

(B) in subsections (a)(3)(B)(i) and (b)(2)(B)(i), by striking ‘‘the end of the one-year period beginning on the date

of the enactment of this subsection’’ and inserting ‘‘October

5, 2000’’;

(C) in subsection (b)(1), by striking ‘‘six months after

the date of the enactment of this section’’ and inserting

‘‘April 5, 2000’’; and

(D) in subsection (b)(3), by striking ‘‘within six months

of the date of the enactment of this section’’ and inserting

‘‘during the period beginning on October 5, 1999, and ending on April 5, 2000,’’.

(21) Section 12552 is amended by inserting a period at the

end.

(22) Section 18233a(b) is amended—

(A) in paragraph (1), by striking ‘‘section 2805(c)(1)’’

and inserting ‘‘section 2805(c)(1)(A)’’; and

(B) in paragraph (2), by striking ‘‘section 2805(c)(2)’’

and inserting ‘‘section 2805(c)(1)(B)’’.

(b) TITLE 37, UNITED STATES CODE.—Title 37, United States

Code, is amended as follows:

(1) Section 301b(j)(2) is amended by striking ‘‘section

301a(a)(6)(A)’’ and inserting ‘‘section 301a(a)(6)(B)’’.

(2) Section 403(f)(3) is amended by striking ‘‘regulation’’

and inserting ‘‘regulations’’.

(3) Section 404(b)(2) is amended by striking ‘‘section 402(e)’’

and inserting ‘‘section 403(f)(3)’’.

(4) The section 435 added by section 586(b) of the National

Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65; 113 Stat. 638) is redesignated as section 436, and the

item relating to that section in the table of sections at the beginning of chapter 7 is revised to conform to such redesignation.

(5) Section 1012 is amended by striking ‘‘section 402(b)(3)’’

and inserting ‘‘section 402(e)’’.

(c) PUBLIC LAW 106–65.—(1) Effective as of October 5, 1999,

and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 512

et seq) is amended as follows:

(A) Section 578 is amended—

(i) in subsection (j) (113 Stat. 630), by striking ‘‘Chapter 4’’ and inserting ‘‘Chapter 7’’; and

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(ii) in subsection (k)(4) (113 Stat. 631), by striking

‘‘chapter 4’’ and inserting ‘‘chapter 7’’.

(B) Section 586(c)(2) (113 Stat. 639) is amended by striking

‘‘relating to section 434’’ and inserting ‘‘added by section

578(k)(4)’’.

(C) Section 601(c) (113 Stat. 645; 37 U.S.C. 1009 note) is

amended—

(i) in the first table, relating to commissioned officers,

by striking ‘‘$12,441.00’’ in footnote 2 and inserting

‘‘$12,488.70’’; and

(ii) in the fourth table, relating to enlisted members, by

striking ‘‘$4,701.00’’ in footnote 2 and inserting ‘‘$4,719.00’’.

(D) Section 657(a)(1)(A) (113 Stat. 668; 10 U.S.C. 1450

note) is amended by striking ‘‘August 21, 1983’’ and inserting

‘‘August 19, 1983’’.

(2) In the case of any former spouse to whom paragraph (3) of

section 1450(f) of title 10, United States Code, applies by reason of

the amendment made by paragraph (1)(D), the provisions of subsection (b) of section 657 of the National Defense Authorization Act

for Fiscal Year 2000 shall be applied by using the date of the enactment of this Act, rather than the date of the enactment of that Act.

(d) PUBLIC LAW 105–261.—Effective as of October 17, 1998, and

as if included therein as enacted, the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 (Public Law 105–

261; 112 Stat. 1920 et seq.) is amended as follows:

(1) Section 142 (112 Stat. 1943; 50 U.S.C. 1521 note) is

amended—

(A) in subsection (e), by striking ‘‘1521(f))’’ and inserting ‘‘1521 note)’’; and

(B) by redesignating the second subsection (f) as subsection (g).

(2) Section 503(b)(1) (112 Stat. 2003) is amended by inserting ‘‘its’’ after ‘‘record of’’ in the first quoted matter therein.

(3) Section 645(b) (112 Stat. 2050) is amended by striking

‘‘a member’’ and inserting ‘‘member’’ in the quoted matter therein.

(4) Section 701 (112 Stat. 2056) is amended—

(A) in subsection (a), by inserting ‘‘(1)’’ before ‘‘Section

1076a(b)(2)’’; and

(B) in subsection (b), by inserting ‘‘of such title’’ after

‘‘1076a’’.

(5) Section 802(b) (112 Stat. 2081) is amended by striking

‘‘Administrative’’ in the first quoted matter therein and inserting ‘‘Administration’’.

(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C. 3104

note) is amended by striking ‘‘subsection (c)(1)’’ and inserting

‘‘subsection (c)(2)’’.

(7) Section 1405(k)(2) (112 Stat. 2170; 50 U.S.C. 2301 note)

is amended by striking ‘‘subchapter’’ and inserting ‘‘chapter’’.

(e) PUBLIC LAW 105–85.—The National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85) is amended as follows:

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(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C. 402

note) is amended by striking ‘‘of’’ the first place it appears in

the matter preceding clause (i).

(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as amended by

section 1233(a)(2)(A) of Public Law 105–261 (112 Stat. 2156),

is amended by striking the second close parenthesis after ‘‘relief

efforts’’.

(f) TITLE 5, UNITED STATES CODE.—Title 5, United States

Code, is amended as follows:

(1) Section 3329 is amended—

(A) in subsection (a), by striking ‘‘such term’’ and inserting ‘‘the term ‘military technician (dual status)’ ’’; and

(B) in subsection (b), by striking ‘‘section 1332 of title

10’’ and inserting ‘‘section 12732 of title 10’’.

(2) Section 5531 is amended by striking ‘‘sections 5532 and’’

in the matter preceding paragraph (1) and inserting ‘‘section’’.

(3) Section 8116(a)(4) is amended by striking ‘‘, subject to’’

and all that follows through ‘‘United States Code’’.

(4) Section 8339(g) is amended by striking ‘‘the application

of the limitation in section 5532 of this title, or’’ in the third

sentence.

(5) Section 8344(h)(1) is amended by inserting ‘‘(as in effect

before the repeal of that section by section 651(a) of Public Law

106–65)’’ after ‘‘section 5532(f)(2) of this title’’.

(g) OTHER LAWS.— (1) Section 834(e) of the National Defense Authorization Act

for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is amended by striking the second period after ‘‘2005’’.

(2) Section 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–

510; 10 U.S.C. 2687 note) is amended by transferring subparagraph (G) so as to appear immediately before subparagraph

(H), as added by section 2821(a) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113

Stat. 853).

(3) Section 686(b) of title 14, United States Code, is

amended—

(A) in paragraph (1), by striking ‘‘section 403(b)’’ and

inserting ‘‘section 403(e)’’; and

(B) in paragraph (2), by striking ‘‘a basic allowance for

quarters under section 403 of title 37, and, if in a high

housing cost area, a variable housing allowance under section 403a of that title’’ and inserting ‘‘a basic allowance for

housing under section 403 of title 37’’.

(4) Chapter 701 of title 36, United States Code, relating to

the Federal charter of the Fleet Reserve Association, is amended

in sections 70102(a) and 70108(a) by striking ‘‘Delaware’’ and

inserting ‘‘Pennsylvania’’.

(5) Section 7426 of title 38, United States Code, is amended

by striking subsection (c).

(6) The item relating to chapter 112 in the table of chapters

at the beginning of subtitle II of title 46, United States Code,

is amended by revising the second and third words so that the

initial letter of each of those words is lower case.

309

(7) Section 405(f)(6)(B) of the Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 1999 (as contained in section 101(f) of division

A of Public Law 105–277; 112 Stat. 2681–430), is amended by

striking ‘‘Act of title’’ in the first quoted matter therein and inserting ‘‘Act or title’’.

(8) Section 1403(c)(6) of the Defense Dependents’ Education

Act of 1978 (20 U.S.C. 922(c)(6)) is amended by striking ‘‘the’’

before ‘‘Assistant Secretary of Defense’’.

(9) Effective as of October 5, 1999, section 224 b. of the

Atomic Energy Act of 1954 (42 U.S.C. 2274(b)) is amended by

striking ‘‘$500,000’’ and inserting ‘‘$50,000’’.

(h) COORDINATION WITH OTHER AMENDMENTS.—For purposes

of applying amendments made by provisions of this Act other than

provisions of this section, this section shall be treated as having

been enacted immediately before the other provisions of this Act.

SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED

OVERSEAS FOR ARMED FORCES POST OFFICES.

Section 3401(b) of title 39, United States Code, is amended by

striking ‘‘100 inches in length and girth combined’’ in paragraphs

(2) and (3) and inserting ‘‘the maximum size allowed by the Postal

Service for fourth class parcel post (known as ‘Standard Mail (B)’)’’.

SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREATMENT OF

MEMBERS RECEIVING SPECIAL PAY FOR DUTY SUBJECT

TO HOSTILE FIRE OR IMMINENT DANGER.

It is the sense of Congress that members of the Armed Forces

who receive special pay under section 310 of title 37, United States

Code, for duty subject to hostile fire or imminent danger should receive the same treatment under Federal income tax laws as members serving in combat zones.

SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL.

(a) IN GENERAL.—Chapter 909 of title 10, United States Code,

is amended to read as follows:

‘‘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.

‘‘§ 9441. Status as federally chartered corporation; purposes

‘‘(a) STATUS.—(1) The Civil Air Patrol is a nonprofit corporation that is federally chartered under section 40301 of title 36.

‘‘(2) Except as provided in section 9442(b)(2) of this title, the

Civil Air Patrol is not an instrumentality of the Federal Government for any purpose.

‘‘(b) PURPOSES.—The purposes of the Civil Air Patrol are set

forth in section 40302 of title 36.

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‘‘§ 9442. Status as volunteer civilian auxiliary of the Air

Force

‘‘(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil Air Patrol is a

volunteer civilian auxiliary of the Air Force when the services of the

Civil Air Patrol are used by any department or agency in any

branch of the Federal Government.

‘‘(b) USE BY AIR FORCE.—(1) The Secretary of the Air Force may

use the services of the Civil Air Patrol to fulfill the noncombat programs and missions of the Department of the Air Force.

‘‘(2) The Civil Air Patrol shall be deemed to be an instrumentality of the United States with respect to any act or omission of the

Civil Air Patrol, including any member of the Civil Air Patrol, in

carrying out a mission assigned by the Secretary of the Air Force.

‘‘§ 9443. Activities performed as federally chartered nonprofit

corporation

‘‘(a) USE OF FEDERALLY PROVIDED RESOURCES.—In its status

as a federally chartered nonprofit corporation, the Civil Air Patrol

may use equipment, supplies, and other resources, including aircraft, motor vehicles, computers, and communications equipment,

provided to the Civil Air Patrol by a department or agency of the

Federal Government or acquired by or for the Civil Air Patrol with

appropriated funds (or with funds of the Civil Air Patrol, but reimbursed from appropriated funds)—

‘‘(1) to provide assistance requested by State or local governmental authorities to perform disaster relief missions and

activities, other emergency missions and activities, and nonemergency missions and activities; and

‘‘(2) to fulfill its other purposes set forth in section 40302

of title 36.

‘‘(b) USE SUBJECT TO APPLICABLE LAWS.—The use of equipment, supplies, or other resources under subsection (a) is subject to

the laws and regulations that govern the use by nonprofit corporations of federally provided assets or of assets purchased with appropriated funds, as the case may be.

‘‘(c) AUTHORITY NOT CONTINGENT ON REIMBURSEMENT.—The

authority for the Civil Air Patrol to provide assistance under subsection (a)(1) is not contingent on the Civil Air Patrol being reimbursed for the cost of providing the assistance. If the Civil Air Patrol elects to require reimbursement for the provision of assistance

under such subsection, the Civil Air Patrol may establish the reimbursement rate at a rate less than the rates charged by private sector sources for equivalent services.

‘‘(d) LIABILITY INSURANCE.—The Secretary of the Air Force may

provide the Civil Air Patrol with funds for paying the cost of liability insurance to cover missions and activities carried out under this

section.

‘‘§ 9444. Activities performed as auxiliary of the Air Force

‘‘(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The Secretary of the

Air Force may furnish to the Civil Air Patrol in accordance with

this section any equipment, supplies, and other resources that the

Secretary determines necessary to enable the Civil Air Patrol to fulVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00340 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.114 pfrm03 PsN: HR945
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fill the missions assigned by the Secretary to the Civil Air Patrol as

an auxiliary of the Air Force.

‘‘(b) FORMS OF AIR FORCE SUPPORT.—The Secretary of the Air

Force may, under subsection (a)—

‘‘(1) give, lend, or sell to the Civil Air Patrol without regard

to the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 471 et seq.)—

‘‘(A) major items of equipment (including aircraft,

motor vehicles, computers, and communications equipment)

that are excess to the military departments; and

‘‘(B) necessary related supplies and training aids that

are excess to the military departments;

‘‘(2) permit the use, with or without charge, of services and

facilities of the Air Force;

‘‘(3) furnish supplies (including fuel, lubricants, and other

items required for vehicle and aircraft operations) or provide

funds for the acquisition of supplies;

‘‘(4) establish, maintain, and supply liaison officers of the

Air Force at the national, regional, State, and territorial headquarters of the Civil Air Patrol;

‘‘(5) detail or assign any member of the Air Force or any officer, employee, or contractor of the Department of the Air Force

to any liaison office at the national, regional, State, or territorial headquarters of the Civil Air Patrol;

‘‘(6) detail any member of the Air Force or any officer, employee, or contractor of the Department of the Air Force to any

unit or installation of the Civil Air Patrol to assist in the training programs of the Civil Air Patrol;

‘‘(7) authorize the payment of travel expenses and allowances, at rates not to exceed those paid to employees of the

United States under subchapter I of chapter 57 of title 5, to

members of the Civil Air Patrol while the members are carrying

out programs or missions specifically assigned by the Air Force;

‘‘(8) provide funds for the national headquarters of the Civil

Air Patrol, including—

‘‘(A) funds for the payment of staff compensation and

benefits, administrative expenses, travel, per diem and allowances, rent, utilities, other operational expenses of the

national headquarters; and

‘‘(B) to the extent considered necessary by the Secretary

of the Air Force to fulfill Air Force requirements, funds for

the payment of compensation and benefits for key staff at

regional, State, or territorial headquarters;

‘‘(9) authorize the payment of expenses of placing into serviceable condition, improving, and maintaining equipment (including aircraft, motor vehicles, computers, and communications equipment) owned or leased by the Civil Air Patrol;

‘‘(10) provide funds for the lease or purchase of items of

equipment that the Secretary determines necessary for the Civil

Air Patrol;

‘‘(11) support the Civil Air Patrol cadet program by

furnishing—

‘‘(A) articles of the Air Force uniform to cadets without

cost; and

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‘‘(B) any other support that the Secretary of the Air

Force determines is consistent with Air Force missions and

objectives; and

‘‘(12) provide support, including appropriated funds, for the

Civil Air Patrol aerospace education program to the extent that

the Secretary of the Air Force determines appropriate for furthering the fulfillment of Air Force missions and objectives.

‘‘(c) ASSISTANCE BY OTHER AGENCIES.—(1) The Secretary of the

Air Force may arrange for the use by the Civil Air Patrol of such

facilities and services under the jurisdiction of the Secretary of the

Army, the Secretary of the Navy, or the head of any other department or agency of the United States as the Secretary of the Air

Force considers to be needed by the Civil Air Patrol to carry out its

mission.

‘‘(2) An arrangement for use of facilities or services of a military

department or other department or agency under this subsection

shall be subject to the agreement of the Secretary of the military department or head of the other department or agency, as the case

may be.

‘‘(3) Each arrangement under this subsection shall be made in

accordance with regulations prescribed under section 9448 of this

title.

‘‘§ 9445. Funds appropriated for the Civil Air Patrol

‘‘Funds appropriated for the Civil Air Patrol shall be available

only for the exclusive use of the Civil Air Patrol.

‘‘§ 9446. Miscellaneous personnel authorities

‘‘(a) USE OF RETIRED AIR FORCE PERSONNEL.—(1) Upon the request of a person retired from service in the Air Force, the Secretary

of the Air Force may enter into a personal services contract with

that person providing for the person to serve as an administrator

or liaison officer for the Civil Air Patrol. The qualifications of a person to provide the services shall be determined and approved in accordance with regulations prescribed under section 9448 of this title.

‘‘(2) To the extent provided in a contract under paragraph (1),

a person providing services under the contract may accept services

on behalf of the Air Force.

‘‘(3) A person, while providing services under a contract authorized under paragraph (1), may not be considered to be on active

duty or inactive-duty training for any purpose.

‘‘(b) USE OF CIVIL AIR PATROL CHAPLAINS.—The Secretary of

the Air Force may use the services of Civil Air Patrol chaplains in

support of the Air Force active duty and reserve component forces

to the extent and under conditions that the Secretary determines appropriate.

‘‘§ 9447. Board of Governors

‘‘(a) GOVERNING BODY.—The Board of Governors of the Civil

Air Patrol is the governing body of the Civil Air Patrol.

‘‘(b) COMPOSITION.—The Board of Governors is composed of 11

members as follows:

‘‘(1) Four members appointed by the Secretary of the Air

Force, who may be active or retired officers of the Air Force (inVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00342 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.115 pfrm03 PsN: HR945
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cluding reserve components of the Air Force), employees of the

United States, or private citizens.

‘‘(2) Four members of the Civil Air Patrol, selected in accordance with the constitution and bylaws of the Civil Air Patrol.

‘‘(3) Three members appointed or selected as provided in

subsection (c) from among personnel of any Federal Government

agencies, public corporations, nonprofit associations, and other

organizations that have an interest and expertise in civil aviation and the Civil Air Patrol mission.

‘‘(c) APPOINTMENTS FROM INTERESTED ORGANIZATIONS.—(1)

Subject to paragraph (2), the members of the Board of Governors referred to in subsection (b)(3) shall be appointed jointly by the Secretary of the Air Force and the National Commander of the Civil

Air Patrol.

‘‘(2) Any vacancy in the position of a member referred to in

paragraph (1) that is not filled under that paragraph within 90

days shall be filled by majority vote of the other members of the

Board.

‘‘(d) CHAIRMAN.—The Chairman of the Board of Governors

shall be chosen by the members of the Board of Governors from

among the members of the Board referred to in paragraphs (1) and

(2) of subsection (b) and shall serve for a term of two years. The position of Chairman shall be held on a rotating basis between members of the Board appointed by the Secretary of the Air Force under

paragraph (1) of subsection (b) and members of the Board selected

under paragraph (2) of that subsection.

‘‘(e) POWERS.—(1) The Board of Governors shall, subject to

paragraphs (2) and (3), exercise the powers granted to the Civil Air

Patrol under section 40304 of title 36.

‘‘(2) Any exercise by the Board of the power to amend the constitution or bylaws of the Civil Air Patrol or to adopt a new constitution or bylaws shall be subject to approval by a majority of the

members of the Board.

‘‘(3) Neither the Board of Governors nor any other component

of the Civil Air Patrol may modify or terminate any requirement or

authority set forth in this section.

‘‘(f) PERSONAL LIABILITY FOR BREACH OF A FIDUCIARY DUTY.—

(1) Subject to paragraph (2), the Board of Governors may take such

action as is necessary to limit the personal liability of a member of

the Board of Governors to the Civil Air Patrol, or to any of its members, for monetary damages for a breach of fiduciary duty while

serving as a member of the Board.

‘‘(2) The Board may not limit the liability of a member of the

Board of Governors to the Civil Air Patrol, or to any of its members,

for monetary damages for any of the following:

‘‘(A) A breach of the member’s duty of loyalty to the Civil

Air Patrol or its members.

‘‘(B) Any act or omission that is not in good faith or that

involves intentional misconduct or a knowing violation of law.

‘‘(C) Participation in any transaction from which the member directly or indirectly derives an improper personal benefit.

‘‘(3) Nothing in this subsection shall be construed as rendering

section 207 or 208 of title 18 inapplicable in any respect to a memVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00343 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.116 pfrm03 PsN: HR945
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ber of the Board of Governors who is a member of the Air Force on

active duty, an officer on a retired list of the Air Force, or an employee of the United States.

‘‘(g) PERSONAL LIABILITY FOR BREACH OF A FIDUCIARY DUTY.— (1) Except as provided in paragraph (2), no member of the Board

of Governors or officer of the Civil Air Patrol shall be personally liable for damages for any injury or death or loss or damage of property resulting from a tortious act or omission of an employee or

member of the Civil Air Patrol.

‘‘(2) Paragraph (1) does not apply to a member of the Board of

Governors or officer of the Civil Air Patrol for a tortious act or omission in which the member or officer, as the case may be, was personally involved, whether in breach of a civil duty or in commission of

a criminal offense.

‘‘(3) Nothing in this subsection shall be construed to restrict the

applicability of common law protections and rights that a member

of the Board of Governors or officer of the Civil Air Patrol may

have.

‘‘(4) The protections provided under this subsection are in addition to the protections provided under subsection (f).

‘‘§ 9448. Regulations

‘‘(a) AUTHORITY.—The Secretary of the Air Force shall prescribe

regulations for the administration of this chapter.

‘‘(b) REQUIRED REGULATIONS.—The regulations shall include

the following:

‘‘(1) Regulations governing the conduct of the activities of

the Civil Air Patrol when it is performing its duties as a volunteer civilian auxiliary of the Air Force under section 9442 of

this title.

‘‘(2) Regulations for providing support by the Air Force and

for arranging assistance by other agencies under section 9444

of this title.

‘‘(3) Regulations governing the qualifications of retired Air

Force personnel to serve as an administrator or liaison officer

for the Civil Air Patrol under a personal services contract entered into under section 9446(a) of this title.

‘‘(c) APPROVAL BY SECRETARY OF DEFENSE.—The regulations required by subsection (b)(2) shall be subject to the approval of the

Secretary of Defense.’’.

(b) CONFORMING AMENDMENTS.—(1) Section 40302 of title 36,

United States Code, is amended—

(A) by striking ‘‘to—’’ in the matter preceding paragraph (1)

and inserting ‘‘as follows:’’;

(B) by inserting ‘‘To’’ after the paragraph designation in

each of paragraphs (1), (2), (3), and (4);

(C) by striking the semicolon at the end of paragraphs

(1)(B) and (2) and inserting a period;

(D) by striking ‘‘; and’’ at the end of paragraph (3) and inserting a period; and

(E) by adding at the end the following:

‘‘(5) To assist the Department of the Air Force in fulfilling

its noncombat programs and missions.’’.

(2)(A) Section 40303 of such title is amended—

315

(i) by inserting ‘‘(a) MEMBERSHIP.—’’ before ‘‘Eligibility’’;

and

(ii) by adding at the end the following:

‘‘(b) GOVERNING BODY.—The Civil Air Patrol has a Board of

Governors. The composition and responsibilities of the Board of

Governors are set forth in section 9447 of title 10.’’.

(B) The heading for such section is amended to read as follows:

‘‘§ 40303. Membership and governing body’’.

(C) The item relating to such section in the table of sections at

the beginning of chapter 403 of title 36, United States Code, is

amended to read as follows:

‘‘40303. Membership and governing body.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect 120 days after the date of the enactment of this Act.

SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO ASSESS UNITED

STATES NATIONAL SECURITY SPACE MANAGEMENT AND

ORGANIZATION.

Section 1622(a) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 814; 10 U.S.C. 111

note) is amended by adding at the end the following new paragraph:

‘‘(6) The advisability of—

‘‘(A) various actions to eliminate the de facto requirement that specified officers in the United States Space

Command be flight rated that results from the dual assignment of officers to that command and to one or more other

commands in positions in which such officers are expressly

required to be flight rated;

‘‘(B) the establishment of a requirement that, as a condition of the assignment of a general or flag officer to the

United States Space Command, the officer have experience

in space, missile, or information operations that was

gained through either acquisition or operational experience;

and

‘‘(C) rotating the command of the United States Space

Command among the Armed Forces.’’.

SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED STATES

AEROSPACE INDUSTRY.

(a) ESTABLISHMENT.—There is established a commission to be

known as the ‘‘Commission on the Future of the United States Aerospace Industry’’ (in this section referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—(1) The Commission shall be composed of 12

members appointed, not later than March 1, 2001, as follows:

(A) Up to six members shall be appointed by the President.

(B) Two members shall be appointed by the Speaker of the

House of Representatives.

(C) Two members shall be appointed by the majority leader

of the Senate.

(D) One member shall be appointed by the minority leader

of the Senate.

(E) One member shall be appointed by the minority leader

of the House of Representatives.

316

(2) The members of the Commission shall be appointed from

among persons with extensive experience and national reputations

in aerospace manufacturing, economics, finance, national security,

international trade, or foreign policy and persons who are representative of labor organizations associated with the aerospace industry.

(3) Members shall be appointed for the life of the Commission.

A vacancy in the Commission shall not affect its powers, but shall

be filled in the same manner as the original appointment.

(4) The President shall designate one member of the Commission to serve as the chairman of the Commission.

(5) The Commission shall meet at the call of the chairman. A

majority of the members shall constitute a quorum, but a lesser

number may hold hearings.

(c) DUTIES.—(1) The Commission shall—

(A) study the issues associated with the future of the United

States aerospace industry in the global economy, particularly in

relationship to United States national security; and

(B) assess the future importance of the domestic aerospace

industry for the economic and national security of the United

States.

(2) In order to fulfill its responsibilities, the Commission shall

study the following:

(A) The budget process of the United States Government,

particularly with a view to assessing the adequacy of projected

budgets of the federal departments and agencies for aerospace

research and development and procurement.

(B) The acquisition process of the Government, particularly

with a view to assessing—

(i) the adequacy of the current acquisition process of

federal departments and agencies; and

(ii) the procedures for developing and fielding aerospace systems incorporating new technologies in a timely

fashion.

(C) The policies, procedures, and methods for the financing

and payment of government contracts.

(D) Statutes and regulations governing international trade

and the export of technology, particularly with a view to

assessing—

(i) the extent to which the current system for controlling the export of aerospace goods, services, and technologies reflects an adequate balance between the need to

protect national security and the need to ensure unhindered

access to the global marketplace; and

(ii) the adequacy of United States and multilateral

trade laws and policies for maintaining the international

competitiveness of the United States aerospace industry.

(E) Policies governing taxation, particularly with a view to

assessing the impact of current tax laws and practices on the

international competitiveness of the aerospace industry.

(F) Programs for the maintenance of the national space

launch infrastructure, particularly with a view to assessing the

adequacy of current and projected programs for maintaining

the national space launch infrastructure.

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(G) Programs for the support of science and engineering

education, including current programs for supporting aerospace

science and engineering efforts at institutions of higher learning, with a view to determining the adequacy of those programs.

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

shall submit a report on its activities to the President and Congress.

(2) The report shall include the following:

(A) The Commission’s findings and conclusions.

(B) The Commission’s recommendations for actions by federal departments and agencies to support the maintenance of a

robust aerospace industry in the United States in the 21st century and any recommendations for statutory and regulatory

changes to support the implementation of the Commission’s

findings.

(C) A discussion of the appropriate means for implementing

the Commission’s recommendations.

(e) ADMINISTRATIVE REQUIREMENTS AND AUTHORITIES.—(1) The

Director of the Office of Management and Budget shall ensure that

the Commission is provided such administrative services, facilities,

staff, and other support services as may be necessary. Any expenses

of the Commission shall be paid from funds available to the Director.

(2) The Commission may hold hearings, sit and act at times

and places, take testimony, and receive evidence that the Commission considers advisable to carry out the purposes of this section.

(3) The Commission may request directly from any department

or agency of the United States any information that the Commission

considers necessary to carry out the provisions of this section. To the

extent consistent with applicable requirements of law and regulations, the head of such department or agency shall furnish such information to the Commission.

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

same manner and under the same conditions as other departments

and agencies of the United States.

(f) COMMISSION PERSONNEL MATTERS.—(1) Members of the

Commission shall serve without additional compensation for their

service on the Commission, except that members appointed from

among private citizens may be allowed travel expenses, including

per diem in lieu of subsistence, as authorized by law for persons

serving intermittently in government service under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes and places of business in the performance of services for the

Commission.

(2) The chairman of the Commission may appoint staff of the

Commission, request the detail of Federal employees, and accept

temporary and intermittent services in accordance with section 3161

of title 5, United States Code (as added by section 1101 of this Act).

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

after the date of the submission of its report under subsection (d).

SEC. 1093. DRUG ADDICTION TREATMENT.

(a) IN GENERAL.—Section 303(g) of the Controlled Substances

Act (21 U.S.C. 823(g)) is amended—

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(1) in paragraph (2), by striking ‘‘(A) security’’ and inserting ‘‘(i) security’’, and by striking ‘‘(B) the maintenance’’ and inserting ‘‘(ii) the maintenance’’;

(2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

(3) by inserting ‘‘(1)’’ after ‘‘(g)’’;

(4) by striking ‘‘Practitioners who dispense’’ and inserting

‘‘Except as provided in paragraph (2), practitioners who dispense’’; and

(5) by adding at the end the following paragraph:

‘‘(2)(A) Subject to subparagraphs (D) and (J), the requirements

of paragraph (1) are waived in the case of the dispensing (including

the prescribing), by a practitioner, of narcotic drugs in schedule III,

IV, or V or combinations of such drugs if the practitioner meets the

conditions specified in subparagraph (B) and the narcotic drugs or

combinations of such drugs meet the conditions specified in subparagraph (C).

‘‘(B) For purposes of subparagraph (A), the conditions specified

in this subparagraph with respect to a practitioner are that, before

the initial dispensing of narcotic drugs in schedule III, IV, or V or

combinations of such drugs to patients for maintenance or detoxification treatment, the practitioner submit to the Secretary a notification of the intent of the practitioner to begin dispensing the drugs

or combinations for such purpose, and that the notification contain

the following certifications by the practitioner:

‘‘(i) The practitioner is a qualifying physician (as defined in

subparagraph (G)).

‘‘(ii) With respect to patients to whom the practitioner will

provide such drugs or combinations of drugs, the practitioner

has the capacity to refer the patients for appropriate counseling

and other appropriate ancillary services.

‘‘(iii) In any case in which the practitioner is not in a group

practice, the total number of such patients of the practitioner at

any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, except that the

Secretary may by regulation change such total number.

‘‘(iv) In any case in which the practitioner is in a group

practice, the total number of such patients of the group practice

at any one time will not exceed the applicable number. For purposes of this clause, the applicable number is 30, except that the

Secretary may by regulation change such total number, and the

Secretary for such purposes may by regulation establish different categories on the basis of the number of practitioners in

a group practice and establish for the various categories different numerical limitations on the number of such patients

that the group practice may have.

‘‘(C) For purposes of subparagraph (A), the conditions specified

in this subparagraph with respect to narcotic drugs in schedule III,

IV, or V or combinations of such drugs are as follows:

‘‘(i) The drugs or combinations of drugs have, under the

Federal Food, Drug, and Cosmetic Act or section 351 of the

Public Health Service Act, been approved for use in maintenance or detoxification treatment.

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‘‘(ii) The drugs or combinations of drugs have not been the

subject of an adverse determination. For purposes of this clause,

an adverse determination is a determination published in the

Federal Register and made by the Secretary, after consultation

with the Attorney General, that the use of the drugs or combinations of drugs for maintenance or detoxification treatment requires additional standards respecting the qualifications of

practitioners to provide such treatment, or requires standards

respecting the quantities of the drugs that may be provided for

unsupervised use.

‘‘(D)(i) A waiver under subparagraph (A) with respect to a practitioner is not in effect unless (in addition to conditions under subparagraphs (B) and (C)) the following conditions are met:

‘‘(I) The notification under subparagraph (B) is in writing

and states the name of the practitioner.

‘‘(II) The notification identifies the registration issued for

the practitioner pursuant to subsection (f).

‘‘(III) If the practitioner is a member of a group practice,

the notification states the names of the other practitioners in the

practice and identifies the registrations issued for the other

practitioners pursuant to subsection (f).

‘‘(ii) Upon receiving a notification under subparagraph (B), the

Attorney General shall assign the practitioner involved an identification number under this paragraph for inclusion with the registration issued for the practitioner pursuant to subsection (f). The

identification number so assigned shall be appropriate to preserve

the confidentiality of patients for whom the practitioner has dispensed narcotic drugs under a waiver under subparagraph (A).

‘‘(iii) Not later than 45 days after the date on which the Secretary receives a notification under subparagraph (B), the Secretary

shall make a determination of whether the practitioner involved

meets all requirements for a waiver under subparagraph (B). If the

Secretary fails to make such determination by the end of the such

45-day period, the Attorney General shall assign the physician an

identification number described in clause (ii) at the end of such period.

‘‘(E)(i) If a practitioner is not registered under paragraph (1)

and, in violation of the conditions specified in subparagraphs (B)

through (D), dispenses narcotic drugs in schedule III, IV, or V or

combinations of such drugs for maintenance treatment or detoxification treatment, the Attorney General may, for purposes of section

304(a)(4), consider the practitioner to have committed an act that

renders the registration of the practitioner pursuant to subsection (f)

to be inconsistent with the public interest.

‘‘(ii)(I) Upon the expiration of 45 days from the date on which

the Secretary receives a notification under subparagraph (B), a

practitioner who in good faith submits a notification under subparagraph (B) and reasonably believes that the conditions specified

in subparagraphs (B) through (D) have been met shall, in dispensing narcotic drugs in schedule III, IV, or V or combinations of

such drugs for maintenance treatment or detoxification treatment,

be considered to have a waiver under subparagraph (A) until notified otherwise by the Secretary, except that such a practitioner may

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poses prior to the expiration of such 45-day period if it facilitates

the treatment of an individual patient and both the Secretary and

the Attorney General are notified by the practitioner of the intent to

commence prescribing or dispensing such narcotic drugs.

‘‘(II) For purposes of subclause (I), the publication in the Federal Register of an adverse determination by the Secretary pursuant

to subparagraph (C)(ii) shall (with respect to the narcotic drug or

combination involved) be considered to be a notification provided by

the Secretary to practitioners, effective upon the expiration of the 30-

day period beginning on the date on which the adverse determination is so published.

‘‘(F)(i) With respect to the dispensing of narcotic drugs in schedule III, IV, or V or combinations of such drugs to patients for maintenance or detoxification treatment, a practitioner may, in his or her

discretion, dispense such drugs or combinations for such treatment

under a registration under paragraph (1) or a waiver under subparagraph (A) (subject to meeting the applicable conditions).

‘‘(ii) This paragraph may not be construed as having any legal

effect on the conditions for obtaining a registration under paragraph (1), including with respect to the number of patients who may

be served under such a registration.

‘‘(G) For purposes of this paragraph:

‘‘(i) The term ‘group practice’ has the meaning given such

term in section 1877(h)(4) of the Social Security Act.

‘‘(ii) The term ‘qualifying physician’ means a physician who

is licensed under State law and who meets one or more of the

following conditions:

‘‘(I) The physician holds a subspecialty board certification in addiction psychiatry from the American Board of

Medical Specialties.

‘‘(II) The physician holds an addiction certification

from the American Society of Addiction Medicine.

‘‘(III) The physician holds a subspecialty board certification in addiction medicine from the American Osteopathic Association.

‘‘(IV) The physician has, with respect to the treatment

and management of opiate-dependent patients, completed

not less than eight hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by

the American Society of Addiction Medicine, the American

Academy of Addiction Psychiatry, the American Medical

Association, the American Osteopathic Association, the

American Psychiatric Association, or any other organization that the Secretary determines is appropriate for purposes of this subclause.

‘‘(V) The physician has participated as an investigator

in one or more clinical trials leading to the approval of a

narcotic drug in schedule III, IV, or V for maintenance or

detoxification treatment, as demonstrated by a statement

submitted to the Secretary by the sponsor of such approved

drug.

‘‘(VI) The physician has such other training or experience as the State medical licensing board (of the State in

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which the physician will provide maintenance or detoxification treatment) considers to demonstrate the ability of the

physician to treat and manage opiate-dependent patients.

‘‘(VII) The physician has such other training or experience as the Secretary considers to demonstrate the ability

of the physician to treat and manage opiate-dependent patients. Any criteria of the Secretary under this subclause

shall be established by regulation. Any such criteria are effective only for 3 years after the date on which the criteria

are promulgated, but may be extended for such additional

discrete 3-year periods as the Secretary considers appropriate for purposes of this subclause. Such an extension of

criteria may only be effectuated through a statement published in the Federal Register by the Secretary during the

30-day period preceding the end of the 3-year period involved.

‘‘(H)(i) In consultation with the Administrator of the Drug Enforcement Administration, the Administrator of the Substance

Abuse and Mental Health Services Administration, the Director of

the National Institute on Drug Abuse, and the Commissioner of

Food and Drugs, the Secretary shall issue regulations (through notice and comment rulemaking) or issue practice guidelines to address the following:

‘‘(I) Approval of additional credentialing bodies and the responsibilities of additional credentialing bodies.

‘‘(II) Additional exemptions from the requirements of this

paragraph and any regulations under this paragraph.

Nothing in such regulations or practice guidelines may authorize

any Federal official or employee to exercise supervision or control

over the practice of medicine or the manner in which medical services are provided.

‘‘(ii) Not later than 120 days after the date of the enactment of

the Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001, the Secretary shall issue a treatment improvement protocol containing best practice guidelines for the treatment and maintenance of opiate-dependent patients. The Secretary shall develop

the protocol in consultation with the Director of the National Institute on Drug Abuse, the Administrator of the Drug Enforcement Administration, the Commissioner of Food and Drugs, the Administrator of the Substance Abuse and Mental Health Services Administration, and other substance abuse disorder professionals. The protocol shall be guided by science.

‘‘(I) During the 3-year period beginning on the date of the enactment of the Floyd D. Spence National Defense Authorization Act for

Fiscal Year 2001, a State may not preclude a practitioner from dispensing or prescribing drugs in schedule III, IV, or V, or combinations of such drugs, to patients for maintenance or detoxification

treatment in accordance with this paragraph unless, before the expiration of that 3-year period, the State enacts a law prohibiting a

practitioner from dispensing such drugs or combinations of drug.

‘‘(J)(i) This paragraph takes effect on the date of the enactment

of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and remains in effect thereafter except as provided

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in clause (iii) (relating to a decision by the Secretary or the Attorney

General that this paragraph should not remain in effect).

‘‘(ii) For purposes relating to clause (iii), the Secretary and the

Attorney General may, during the 3-year period beginning on the

date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, make determinations in accordance with the following:

‘‘(I) The Secretary may make a determination of whether

treatments provided under waivers under subparagraph (A)

have been effective forms of maintenance treatment and detoxification treatment in clinical settings; may make a determination of whether such waivers have significantly increased (relative to the beginning of such period) the availability of maintenance treatment and detoxification treatment; and may make a

determination of whether such waivers have adverse consequences for the public health.

‘‘(II) The Attorney General may make a determination of

the extent to which there have been violations of the numerical

limitations established under subparagraph (B) for the number

of individuals to whom a practitioner may provide treatment;

may make a determination of whether waivers under subparagraph (A) have increased (relative to the beginning of such period) the extent to which narcotic drugs in schedule III, IV, or

V or combinations of such drugs are being dispensed or possessed in violation of this Act; and may make a determination

of whether such waivers have adverse consequences for the public health.

‘‘(iii) If, before the expiration of the period specified in clause

(ii), the Secretary or the Attorney General publishes in the Federal

Register a decision, made on the basis of determinations under such

clause, that this paragraph should not remain in effect, this paragraph ceases to be in effect 60 days after the date on which the decision is so published. The Secretary shall in making any such decision consult with the Attorney General, and shall in publishing the

decision in the Federal Register include any comments received from

the Attorney General for inclusion in the publication. The Attorney

General shall in making any such decision consult with the Secretary, and shall in publishing the decision in the Federal Register

include any comments received from the Secretary for inclusion in

the publication.’’.

(b) CONFORMING AMENDMENTS.—Section 304 of the Controlled

Substances Act (21 U.S.C. 824) is amended—

(1) in subsection (a), in the matter after and below paragraph (5), by striking ‘‘section 303(g)’’ each place such term appears and inserting ‘‘section 303(g)(1)’’; and

(2) in subsection (d), by striking ‘‘section 303(g)’’ and inserting ‘‘section 303(g)(1)’’.

(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—For the

purpose of assisting the Secretary of Health and Human Services

with the additional duties established for the Secretary pursuant to

the amendments made by this section, there are authorized to be appropriated, in addition to other authorizations of appropriations

that are available for such purpose, such sums as may be necessary

for each of fiscal years 2001 through 2003.

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(d) COORDINATION OF PROVISIONS.—(1) If the Drug Addiction

Treatment Act of 2000 is enacted before this Act, the provisions of

this section shall not take effect.

(2) If the Drug Addiction Treatment Act of 2000 is enacted after

this Act, the amendments made by this section shall be deemed for

all purposes to have been made by section 3502 of that Act and this

section shall cease to be in effect as of that enactment.

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

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.

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Subtitle A—Civilian Personnel

Management Generally

SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR

TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR

EXECUTIVE ORDER.

(a) IN GENERAL.—Chapter 31 of title 5, United States Code, is

amended by adding at the end the following new subchapter:

‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS

ESTABLISHED BY LAW OR EXECUTIVE ORDER

‘‘§ 3161. Employment and compensation of employees

‘‘(a) DEFINITION OF TEMPORARY ORGANIZATION.—For the purposes of this subchapter, the term ‘temporary organization’ means a

commission, committee, board, or other organization that—

‘‘(1) is established by law or Executive order for a specific

period not in excess of three years for the purpose of performing

a specific study or other project; and

‘‘(2) is terminated upon the completion of the study or

project or upon the occurrence of a condition related to the completion of the study or project.

‘‘(b) EMPLOYMENT AUTHORITY.—(1) Notwithstanding the provisions of chapter 51 of this title, the head of a temporary organization may appoint persons to positions of employment in a temporary

organization in such numbers and with such skills as are necessary

for the performance of the functions required of a temporary organization.

‘‘(2) The period of an appointment under paragraph (1) may not

exceed three years, except that under regulations prescribed by the

Office of Personnel Management the period of appointment may be

extended for up to an additional two years.

‘‘(3) The positions of employment in a temporary organization

are in the excepted service of the civil service.

‘‘(c) DETAIL AUTHORITY.—Upon the request of the head of a temporary organization, the head of any department or agency of the

Government may detail, on a nonreimbursable basis, any personnel

of the department or agency to that organization to assist in carrying out its duties.

‘‘(d) COMPENSATION.—(1) The rate of basic pay for an employee

appointed under subsection (b) shall be established under regulations prescribed by the Office of Personnel Management without regard to the provisions of chapter 51 and subchapter III of chapter

53 of this title.

‘‘(2) The rate of basic pay for the chairman, a member, an executive director, a staff director, or another executive level position of

a temporary organization may not exceed the maximum rate of

basic pay established for the Senior Executive Service under section

5382 of this title.

‘‘(3) Except as provided in paragraph (4), the rate of basic pay

for other positions in a temporary organization may not exceed the

maximum rate of basic pay for grade GS–15 of the General Schedule under section 5332 of this title.

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‘‘(4) The rate of basic pay for a senior staff position of a temporary organization may, in a case determined by the head of the

temporary organization as exceptional, exceed the maximum rate of

basic pay authorized under paragraph (3), but may not exceed the

maximum rate of basic pay authorized for an executive level position under paragraph (2).

‘‘(5) In this subsection, the term ‘basic pay’ includes locality pay

provided for under section 5304 of this title.

‘‘(e) TRAVEL EXPENSES.—An employee of a temporary organization, whether employed on a full-time or part-time basis, may be allowed travel and transportation expenses, including per diem in lieu

of subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of this title, while traveling away from

the employee’s regular place of business in the performance of services for the temporary organization.

‘‘(f) BENEFITS.—An employee appointed under subsection (b)

shall be afforded the same benefits and entitlements as are provided

temporary employees under this title.

‘‘(g) RETURN RIGHTS.—An employee serving under a career or

career conditional appointment or the equivalent in an agency who

transfers to or converts to an appointment in a temporary organization with the consent of the head of the agency is entitled to be returned to the employee’s former position or a position of like seniority, status, and pay without grade or pay retention in the agency if

the employee—

‘‘(1) is being separated from the temporary organization for

reasons other than misconduct, neglect of duty, or malfeasance;

and

‘‘(2) applies for return not later than 30 days before the earlier of—

‘‘(A) the date of the termination of the employment in

the temporary organization; or

‘‘(B) the date of the termination of the temporary organization.

‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—The head of a

temporary organization may procure for the organization temporary

and intermittent services under section 3109(b) of this title.

‘‘(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1) The head of a

temporary organization may accept volunteer services appropriate to

the duties of the organization without regard to section 1342 of title

31.

‘‘(2) Donors of voluntary services accepted for a temporary organization under this subsection may include the following:

‘‘(A) Advisors.

‘‘(B) Experts.

‘‘(C) Members of the commission, committee, board, or other

temporary organization, as the case may be.

‘‘(D) A person performing services in any other capacity determined appropriate by the head of the temporary organization.

‘‘(3) The head of the temporary organization—

‘‘(A) shall ensure that each person performing voluntary

services accepted under this subsection is notified of the scope

of the voluntary services accepted;

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‘‘(B) shall supervise the volunteer to the same extent as employees receiving compensation for similar services; and

‘‘(C) shall ensure that the volunteer has appropriate credentials or is otherwise qualified to perform in each capacity for

which the volunteer’s services are accepted.

‘‘(4) A person providing volunteer services accepted under this

subsection shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law:

‘‘(A) Chapter 81 of this title, relating to compensation for

work-related injuries.

‘‘(B) Chapter 171 of title 28, relating to tort claims.

‘‘(C) Chapter 11 of title 18, relating to conflicts of interest.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW

OR EXECUTIVE ORDER

‘‘Sec.

‘‘3161. Employment and compensation of employees.’’.

SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS PROGRAM.

(a) AUTHORITY TO PROVIDE TECHNOLOGY, DEVICES, AND SERVICES.—Chapter 81 of title 10, United States Code, is amended by inserting after section 1581 the following new section:

‘‘§ 1582. Assistive technology, assistive technology devices,

and assistive technology services

‘‘(a) AUTHORITY.—The Secretary of Defense may provide assistive technology, assistive technology devices, and assistive technology

services to the following:

‘‘(1) Department of Defense employees with disabilities.

‘‘(2) Organizations within the Department that have requirements to make programs or facilities accessible to, and usable by, persons with disabilities.

‘‘(3) Any other department or agency of the Federal Government, upon the request of the head of that department or agency, for its employees with disabilities or for satisfying a requirement to make its programs or facilities accessible to, and usable

by, persons with disabilities.

‘‘(b) DEFINITIONS.—In this section, the terms ‘assistive technology’, ‘assistive technology device’, ‘assistive technology service’,

and ‘disability’ have the meanings given those terms in section 3 of

the Assistive Technology Act of 1998 (29 U.S.C. 3002).’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 1581 the following new item:

‘‘1582. Assistive technology, assistive technology devices, and assistive technology

services.’’.

SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS

IN REDUCTIONS IN FORCE.

Section 3502(f)(5) of title 5, United States Code, is amended by

striking ‘‘September 30, 2001’’ and inserting ‘‘September 30, 2005’’.

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SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL

SYSTEMS.

Section 4302 of title 5, United States Code, is amended by adding at the end the following new subsection:

‘‘(c) In accordance with regulations which the Office shall prescribe, the head of an agency may administer and maintain a performance appraisal system electronically.’’.

SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.

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

manner in which personnel services are provided for civilian personnel in the Department of Defense and determine whether—

(1) administration of such services should continue to be

centralized in individual military services and Defense Agencies

or whether such services should be centralized within designated geographical areas to provide services to all Department of Defense elements;

(2) offices that perform such services should be established

to perform specific functions rather than cover an established

geographical area;

(3) processes and functions of civilian personnel offices

should be reengineered to provide greater efficiency and better

service to management and employees of the Department of Defense; and

(4) efficiencies could be gained by public-private competition of the delivery of any of the personnel services for civilian

personnel of the Department of Defense.

(b) REPORT.—Not later than January 1, 2002, the Secretary of

Defense shall submit a report on the study, including recommendations, to the Committees on Armed Services of the Senate and the

House of Representatives. The report shall include the Secretary’s

assessment of the items described in subsection (a), and, if appropriate, a proposal for a demonstration program to test the concepts

developed under the study. The Secretary may also include any recommendations for legislation or other actions that the Secretary

considers appropriate to increase the effectiveness and efficiency of

the delivery of personnel services with respect to civilian personnel

of the Department of Defense.

Subtitle B—Demonstration and Pilot

Programs

SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS.

(a) PILOT PROGRAM.—(1) The Secretary of Defense shall carry

out a pilot program to improve processes for the resolution of equal

employment opportunity complaints by civilian employees of the Department of Defense. Complaints processed under the pilot program

shall be subject to the procedural requirements established for the

pilot program and shall not be subject to the procedural requirements of part 1614 of title 29 of the Code of Federal Regulations or

other regulations, directives, or regulatory restrictions prescribed by

the Equal Employment Opportunity Commission.

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(2) The pilot program shall include procedures to reduce processing time and eliminate redundancy with respect to processes for

the resolution of equal employment opportunity complaints, reinforce local management and chain-of-command accountability, and

provide the parties involved with early opportunity for resolution.

(3) The Secretary may carry out the pilot program for a period

of three years, beginning on January 1, 2001.

(4)(A) Participation in the pilot program shall be voluntary on

the part of the complainant. Complainants who participate in the

pilot program shall retain the right to appeal a final agency decision to the Equal Employment Opportunity Commission and to file

suit in district court. The Equal Employment Opportunity Commission shall not reverse a final agency decision on the grounds that

the agency did not comply with the regulatory requirements promulgated by the Commission.

(B) Subparagraph (A) shall apply to all cases—

(i) pending as of January 1, 2001, before the Equal Employment Opportunity Commission involving a civilian employee who filed a complaint under the pilot program of the Department of the Navy to improve processes for the resolution of

equal employment opportunity complaints; and

(ii) hereinafter filed with the Commission under the pilot

program established by this section.

(5) The pilot program shall be carried out in at least one military department and two Defense Agencies.

(b) REPORT.—Not later than 90 days following the end of the

first and last full or partial fiscal years during which the pilot program is implemented, the Comptroller General shall submit to Congress a report on the pilot program. Such report shall contain the

following:

(1) A description of the processes tested by the pilot program.

(2) The results of such testing.

(3) Recommendations for changes to the processes for the

resolution of equal employment opportunity complaints as a result of such pilot program.

(4) A comparison of the processes used, and results obtained, under the pilot program to traditional and alternative

dispute resolution processes used in the government or private

industry.

SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.

(a) ESTABLISHMENT.—The Secretary of Defense shall carry out

a defense employees work safety demonstration program.

(b) PRIVATE SECTOR WORK SAFETY MODELS.—Under the demonstration program, the Secretary shall—

(1) adopt for use in the workplace of civilian employees of

the Department of Defense such work safety models used by employers in the private sector that the Secretary considers as

being representative of the best work safety practices in use by

private sector employers; and

(2) determine whether the use of those practices in the Department of Defense improves the work safety record of Department of Defense employees.

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(c) SITES.—(1) The Secretary shall carry out the demonstration

program—

(A) at not fewer than two installations of each of the Armed

Forces (other than the Coast Guard), for employees of the military department concerned; and

(B) in at least two Defense Agencies (as defined in section

101(a)(11) of title 10, United States Code).

(2) The Secretary shall select the installations and Defense

Agencies from among the installations and Defense Agencies listed

in the Federal Worker 2000 Presidential Initiative.

(d) PERIOD FOR PROGRAM.—The demonstration program shall

begin not later than 180 days after the date of the enactment of this

Act and shall terminate on September 30, 2002.

(e) REPORTS.—(1) The Secretary of Defense shall submit an interim report on the demonstration program to the Committees on

Armed Services of the Senate and the House of Representatives not

later than December 1, 2001. The interim report shall contain, at

a minimum, for each site of the demonstration program the following:

(A) A baseline assessment of the lost workday injury rate.

(B) A comparison of the lost workday injury rate for fiscal

year 2000 with the lost workday injury rate for fiscal year 1999.

(C) The direct and indirect costs associated with all lost

workday injuries.

(2) The Secretary of Defense shall submit a final report on the

demonstration program to the Committees on Armed Services of the

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

2002. The final report shall contain, at a minimum, for each site

of the demonstration program the following:

(A) The Secretary’s determination on the issue described in

subsection (b)(2).

(B) A comparison of the lost workday injury rate under the

program with the baseline assessment of the lost workday injury rate.

(C) The lost workday injury rate for fiscal year 2002.

(D) A comparison of the direct and indirect costs associated

with all lost workday injuries for fiscal year 2002 with the direct and indirect costs associated with all lost workday injuries

for fiscal year 2001.

(f) FUNDING.—Of the amount authorized to be appropriated

under section 301(5), $5,000,000 shall be available for the demonstration program under this section.

SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY

FOR EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL.

(a) EXTENSION OF PROGRAM.—Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105–261; 112 Stat. 2139; 5 U.S.C. 3104 note) is

amended—

(1) in subsection (a), by striking ‘‘the 5-year period beginning on the date of the enactment of this Act’’ and inserting ‘‘the

program period specified in subsection (e)(1)’’;

(2) in subsection (e), by striking paragraph (1) and inserting the following:

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‘‘(1) The period for carrying out the program authorized under this

section begins on October 17, 1998, and ends on October 16, 2005.’’;

and

(3) in subsection (f), by striking ‘‘on the day before the termination of the program’’ and inserting ‘‘on the last day of the

program period specified in subsection (e)(1)’’.

(b) EXPANSION OF SCOPE.—Subsection (a) of such section, as

amended by subsection (a)(1) of this section, is further amended by

inserting before the period at the end the following: ‘‘and research

and development projects administered by laboratories designated

for the program by the Secretary from among the laboratories of

each of the military departments’’.

(c) LIMITATION ON NUMBER OF APPOINTMENTS.—Subsection

(b)(1) of such section is amended to read as follows:

‘‘(1) without regard to any provision of title 5, United States

Code, governing the appointment of employees in the civil service, appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section

2101 of such title) to—

‘‘(A) not more than 40 scientific and engineering positions in the Defense Advanced Research Projects Agency;

‘‘(B) not more than 40 scientific and engineering positions in the designated laboratories of each of the military

services; and

‘‘(C) not more than a total of 10 scientific and engineering positions in the National Imagery and Mapping Agency

and the National Security Agency;’’.

(d) RATES OF PAY FOR APPOINTEES.—Subsection (b)(2) of such

section is amended by inserting after ‘‘United States Code,’’ the following: ‘‘as increased by locality-based comparability payments

under section 5304 of such title,’’.

(e) COMMENSURATE EXTENSION OF REQUIREMENT FOR ANNUAL

REPORT.—Subsection (g) of such section is amended by striking

‘‘2004’’ and inserting ‘‘2006’’.

(f) AMENDMENT OF SECTION HEADING.—The heading for such

section is amended to read as follows:

‘‘SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC

AND TECHNICAL PERSONNEL.’’.

SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY

UNDER PERSONNEL DEMONSTRATION PROJECT.

(a) ELIMINATION OF REQUIREMENT FOR OPM REVIEW AND APPROVAL.—Section 342 of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721) is

amended—

(1) in subsection (b)(1), by striking ‘‘, with the approval of

the Director of the Office of Personnel Management,’’; and

(2) in subsection (b)(3)—

(A) by striking ‘‘and’’ at the end of subparagraph (A);

(B) by striking ‘‘section 4703.’’ and inserting ‘‘section

4703; and’’ at the end of subparagraph (B); and

(C) by inserting at the end the following new subparagraph (C):

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‘‘(C) the Secretary shall exercise the authorities granted

to the Office of Personnel Management under such section

4703.’’.

(b) INCREASE IN LEVEL OF AUTHORIZED PAY.—Section 342(b) of

such Act is further amended by adding at the end the following new

paragraph:

‘‘(5) The limitations in section 5373 of title 5, United States

Code, do not apply to the authority of the Secretary under this section to prescribe salary schedules and other related benefits.’’.

Subtitle C—Educational Assistance

SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING.

Section 4107 of title 5, United States Code, is amended—

(1) in subsection (a), by striking ‘‘subsection (b)’’ and inserting ‘‘subsections (b) and (c)’’;

(2) in subsection (b)(1), by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a) or (c)’’; and

(3) by adding at the end the following new subsection:

‘‘(c) With respect to an employee of the Department of Defense—

‘‘(1) this chapter does not authorize, except as provided in

subsection (b) of this section, the selection and assignment of

the employee for training, or the payment or reimbursement of

the costs of training, for—

‘‘(A) the purpose of providing an opportunity to the employee to obtain an academic degree in order to qualify for

appointment to a particular position for which the academic degree is a basic requirement; or

‘‘(B) the sole purpose of providing an opportunity to the

employee to obtain one or more academic degrees, unless

such opportunity is part of a planned, systematic, and coordinated program of professional development endorsed by

the Department of Defense; and

‘‘(2) any course of post-secondary education delivered

through classroom, electronic, or other means shall be administered or conducted by an institution recognized under standards

implemented by a national or regional accrediting body, except

in a case in which such standards do not exist or the use of

such standards would not be appropriate.’’.

SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.

(a) COVERED STUDENT LOANS.—Section 5379(a)(1)(B) of title 5,

United States Code, is amended—

(1) in clause (i), by inserting ‘‘(20 U.S.C. 1071 et seq.)’’ before the semicolon;

(2) in clause (ii), by striking ‘‘part E of title IV of the Higher Education Act of 1965’’ and inserting ‘‘part D or E of title

IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et

seq., 1087aa et seq.)’’; and

(3) in clause (iii), by striking ‘‘part C of title VII of Public

Health Service Act or under part B of title VIII of such Act’’ and

inserting ‘‘part A of title VII of the Public Health Service Act

(42 U.S.C. 292 et seq.) or under part E of title VIII of such Act

(42 U.S.C. 297a et seq.)’’.

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(b) PERSONNEL COVERED.—(1) Section 5379(a)(2) of title 5,

United States Code, is amended to read as follows:

‘‘(2) An employee shall be ineligible for benefits under this section if the employee occupies a position that is excepted from the

competitive service because of its confidential, policy-determining,

policy-making, or policy-advocating character.’’.

(2) Section 5379(b)(1) of title 5, United States Code, is amended

by striking ‘‘professional, technical, or administrative’’.

(c) REGULATIONS.—(1) Not later than 60 days after the date of

enactment of this Act, the Director of the Office of Personnel Management shall issue proposed regulations under section 5379(g) of

title 5, United States Code. The Director shall provide for a period

of not less than 60 days for public comment on the regulations.

(2) Not later than 240 days after the date of enactment of this

Act, the Director shall issue final regulations.

(d) ANNUAL REPORTS.—Section 5379 of title 5, United States

Code, is amended by adding at the end the following:

‘‘(h)(1) Each head of an agency shall maintain, and annually

submit to the Director of the Office of Personnel Management, information with respect to the agency on—

‘‘(A) the number of Federal employees selected to receive

benefits under this section;

‘‘(B) the job classifications for the recipients; and

‘‘(C) the cost to the Federal Government of providing the

benefits.

‘‘(2) The Director of the Office of Personnel Management shall

prepare, and annually submit to Congress, a report containing the

information submitted under paragraph (1), and information identifying the agencies that have provided benefits under this section.’’.

SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT

AND TRAINING FOR CIVILIAN EMPLOYEES IN THE DEFENSE ACQUISITION WORKFORCE.

Section 1745(a)(2) of title 10, United States Code, is amended

by striking ‘‘September 30, 2001’’ and inserting ‘‘September 30,

2010’’.

Subtitle D—Other Benefits

SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE PROFICIENCY BENEFICIAL FOR UNITED STATES NATIONAL SECURITY INTERESTS.

(a) IN GENERAL.—Chapter 81 of title 10, United States Code, is

amended by inserting after section 1596 the following new section:

‘‘§ 1596a. Foreign language proficiency: special pay for proficiency beneficial for other national security interests

‘‘(a) AUTHORITY.—The Secretary of Defense may pay special pay

under this section to an employee of the Department of Defense

who—

‘‘(1) has been certified by the Secretary to be proficient in

a foreign language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests;

333

‘‘(2) is assigned duties requiring proficiency in that foreign

language during a contingency operation supported by the

armed forces; and

‘‘(3) is not receiving special pay under section 1596 of this

title.

‘‘(b) RATE.—The rate of special pay for an employee under this

section shall be prescribed by the Secretary, but may not exceed five

percent of the employee’s rate of basic pay.

‘‘(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special

pay under this section is in addition to any other pay or allowances

to which the employee is entitled.

‘‘(d) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to carry out this section.’’.

(b) AMENDMENT TO DISTINGUISH OTHER FOREIGN LANGUAGE

PROFICIENCY SPECIAL PAY.—The heading for section 1596 of title

10, United States Code, is amended to read as follows:

‘‘§ 1596. Foreign language proficiency: special pay for proficiency beneficial for intelligence interests’’.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 81 of such title is amended by striking the item relating to section 1596 and inserting 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.’’.

SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF

$10,000.

Section 4502 of title 5, United States Code, is amended by adding at the end the following:

‘‘(f) The Secretary of Defense may grant a cash award under

subsection (b) of this section without regard to the requirements for

certification and approval provided in that subsection.’’.

SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.

Section 6305(c)(2) of title 5, United States Code, is amended to

read as follows:

‘‘(2) may not be made the basis for a lump-sum payment,

except that civil service mariners of the Military Sealift Command on temporary promotion aboard ship may be paid the

difference between their temporary and permanent rates of pay

for leave accrued under this section and section 6303 and not

otherwise used during the temporary promotion upon the expiration or termination of the temporary promotion; and’’.

SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT OF DEFENSE EMPLOYEES.

(a) IN GENERAL.—Section 8702 of title 5, United States Code,

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

‘‘(c) Notwithstanding a notice previously given under subsection

(b), an employee of the Department of Defense who is designated as

an emergency essential employee under section 1580 of title 10 shall

be insured if the employee, within 60 days after the date of the designation, elects to be insured under a policy of insurance under this

chapter. An election under the preceding sentence shall be effective

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when provided to the Office in writing, in the form prescribed by the

Office, within such 60-day period.’’.

(b) APPLICABILITY.—For purposes of section 8702(c) of title 5,

United States Code (as added by subsection (a)), an employee of the

Department of Defense who is designated as an emergency essential

employee under section 1580 of title 10, United States Code, before

the date of the enactment of this Act shall be deemed to be so designated on the date of the enactment of this Act.

Subtitle E—Intelligence Civilian Personnel

SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM POSITIONS.

(a) AUTHORITY FOR SENIOR DOD INTELLIGENCE POSITIONS

THROUGHOUT DEPARTMENT OF DEFENSE.—Section 1601(a)(1) of title

10, United States Code, is amended—

(1) by striking ‘‘in the intelligence components of the Department of Defense and the military departments’’ and inserting ‘‘in the Department of Defense’’; and

(2) by striking ‘‘of those components and departments’’ and

inserting ‘‘of the Department’’.

(b) CONFORMING AMENDMENT FOR PERSONS ELIGIBLE FOR

POSTEMPLOYMENT ASSISTANCE.—Section 1611 of such title is

amended—

(1) in subsection (a)(1), by striking ‘‘an intelligence component of the Department of Defense’’ and inserting ‘‘a defense intelligence position’’;

(2) in subsection (b)—

(A) by striking ‘‘sensitive position in an intelligence

component of the Department of Defense’’ in the matter preceding paragraph (1) and inserting ‘‘sensitive defense intelligence position’’; and

(B) by striking ‘‘with the intelligence component’’ in

paragraphs (1) and (2) and inserting ‘‘in a defense intelligence position’’;

(3) in subsection (d), by striking ‘‘an intelligence component

of the Department of Defense’’ and inserting ‘‘in a defense intelligence position’’; and

(4) by striking subsection (f).

(c) CONFORMING AMENDMENT FOR DEFINITION OF DEFENSE INTELLIGENCE POSITION.—Section 1614(1) of such title is amended by

striking ‘‘of an intelligence component of the Department of Defense

or of a military department’’ and inserting ‘‘of the Department of

Defense’’.

SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHORIZED FOR

THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.

Section 1606(a) of title 10, United States Code, is amended by

striking ‘‘492’’ and inserting ‘‘517’’.

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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.

(a) REVISION AND ADDITION OF PURPOSES FOR DEPARTMENT OF

DEFENSE VSIP.—Subsection (b) of section 5597 of title 5, United

States Code, is amended by inserting after ‘‘transfer of function,’’ the

following: ‘‘workforce restructuring (to meet mission needs, achieve

one or more strength reductions, correct skill imbalances, or reduce

the number of high-grade, managerial, or supervisory positions),’’.

(b) ELIGIBILITY.—Subsection (c) of such section is amended—

(1) in paragraph (2), by inserting ‘‘objective and nonpersonal’’ after ‘‘similar’’; and

(2) by adding at the end the following:

‘‘A determination of which employees are within the scope of an offer

of separation pay shall be made only on the basis of consistent and

well-documented application of the relevant criteria.’’.

(c) INSTALLMENT PAYMENTS.—Subsection (d) of such section is

amended—

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

‘‘(1) shall be paid in a lump-sum or in installments;’’;

(2) by striking ‘‘and’’ at the end of paragraph (3);

(3) by striking the period at the end of paragraph (4) and

inserting ‘‘; and’’; and

(4) by adding at the end the following:

‘‘(5) if paid in installments, shall cease to be paid upon the

recipient’s acceptance of employment by the Federal Government, or commencement of work under a personal services contract, as described in subsection (g)(1).’’.

(d) APPLICABILITY OF REPAYMENT REQUIREMENT TO REEMPLOY- MENT UNDER PERSONAL SERVICES CONTRACTS.—Subsection (g)(1) of

such section is amended by inserting after ‘‘employment with the

Government of the United States’’ the following: ‘‘, or who commences work for an agency of the United States through a personal

services contract with the United States,’’.

SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY

RETIREMENT AUTHORITY.

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title

5, United States Code, is amended—

(1) in subsection (d)(2), by inserting ‘‘except in the case of

an employee who is separated from the service under a program

carried out under subsection (o),’’ after ‘‘(2)’’; and

(2) by adding at the end the following:

‘‘(o)(1) The Secretary of Defense may, during fiscal years 2002

and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to

an immediate annuity under this subchapter if the employee—

‘‘(A) has—

‘‘(i) completed 25 years of service; or

‘‘(ii) become 50 years of age and completed 20 years of

service; and

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‘‘(B) is eligible for the annuity under paragraph (2) or (3).

‘‘(2)(A) For the purposes of paragraph (1), an employee referred

to in that paragraph is eligible for an immediate annuity under this

paragraph if the employee—

‘‘(i) is separated from the service involuntarily other than

for cause; and

‘‘(ii) has not declined a reasonable offer of another position

in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the

employee’s grade (or pay level), and which is within the employee’s commuting area.

‘‘(B) For the purposes of paragraph (2)(A)(i), a separation for

failure to accept a directed reassignment to a position outside the

commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not

be considered to be a removal for cause.

‘‘(3) For the purposes of paragraph (1), an employee referred to

in that paragraph is eligible for an immediate annuity under this

paragraph if the employee satisfies all of the following conditions:

‘‘(A) The employee is separated from the service voluntarily

during a period in which the organization within the Department of Defense in which the employee is serving is undergoing

a major organizational adjustment.

‘‘(B) The employee has been employed continuously by the

Department of Defense for more than 30 days before the date on

which the head of the employee’s organization requests the determinations required under subparagraph (A).

‘‘(C) The employee is serving under an appointment that is

not limited by time.

‘‘(D) The employee is not in receipt of a decision notice of

involuntary separation for misconduct or unacceptable performance.

‘‘(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more

of the following objective criteria:

‘‘(i) One or more organizational units.

‘‘(ii) One or more occupational groups, series, or levels.

‘‘(iii) One or more geographical locations.

‘‘(iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines

appropriate.

‘‘(4) Under regulations prescribed by the Office of Personnel

Management, the determinations of whether an employee meets—

‘‘(A) the requirements of subparagraph (A) of paragraph (3)

shall be made by the Office, upon the request of the Secretary

of Defense; and

‘‘(B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.

‘‘(5) A determination of which employees are within the scope of

an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.

‘‘(6) In this subsection, the term ‘major organizational adjustment’ means any of the following:

‘‘(A) A major reorganization.

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‘‘(B) A major reduction in force.

‘‘(C) A major transfer of function.

‘‘(D) A workforce restructuring—

‘‘(i) to meet mission needs;

‘‘(ii) to achieve one or more reductions in strength;

‘‘(iii) to correct skill imbalances; or

‘‘(iv) to reduce the number of high-grade, managerial,

supervisory, or similar positions.’’.

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 8414

of such title is amended—

(1) in subsection (b)(1)(B), by inserting ‘‘except in the case

of an employee who is separated from the service under a program carried out under subsection (d),’’ after ‘‘(B)’’; and

(2) by adding at the end the following:

‘‘(d)(1) The Secretary of Defense may, during fiscal years 2002

and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to

an immediate annuity under this subchapter if the employee—

‘‘(A) has—

‘‘(i) completed 25 years of service; or

‘‘(ii) become 50 years of age and completed 20 years of

service; and

‘‘(B) is eligible for the annuity under paragraph (2) or (3).

‘‘(2)(A) For the purposes of paragraph (1), an employee referred

to in that paragraph is eligible for an immediate annuity under this

paragraph if the employee—

‘‘(i) is separated from the service involuntarily other than

for cause; and

‘‘(ii) has not declined a reasonable offer of another position

in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the

employee’s grade (or pay level), and which is within the employee’s commuting area.

‘‘(B) For the purposes of paragraph (2)(A)(i), a separation for

failure to accept a directed reassignment to a position outside the

commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not

be considered to be a removal for cause.

‘‘(3) For the purposes of paragraph (1), an employee referred to

in that paragraph is eligible for an immediate annuity under this

paragraph if the employee satisfies all of the following conditions:

‘‘(A) The employee is separated from the service voluntarily

during a period in which the organization within the Department of Defense in which the employee is serving is undergoing

a major organizational adjustment.

‘‘(B) The employee has been employed continuously by the

Department of Defense for more than 30 days before the date on

which the head of the employee’s organization requests the determinations required under subparagraph (A).

‘‘(C) The employee is serving under an appointment that is

not limited by time.

‘‘(D) The employee is not in receipt of a decision notice of

involuntary separation for misconduct or unacceptable performance.

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‘‘(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more

of the following objective criteria:

‘‘(i) One or more organizational units.

‘‘(ii) One or more occupational groups, series, or levels.

‘‘(iii) One or more geographical locations.

‘‘(iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines

appropriate.

‘‘(4) Under regulations prescribed by the Office of Personnel

Management, the determinations of whether an employee meets—

‘‘(A) the requirements of subparagraph (A) of paragraph (3)

shall be made by the Office upon the request of the Secretary

of Defense; and

‘‘(B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense.

‘‘(5) A determination of which employees are within the scope of

an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria.

‘‘(6) In this subsection, the term ‘major organizational adjustment’ means any of the following:

‘‘(A) A major reorganization.

‘‘(B) A major reduction in force.

‘‘(C) A major transfer of function.

‘‘(D) A workforce restructuring—

‘‘(i) to meet mission needs;

‘‘(ii) to achieve one or more reductions in strength;

‘‘(iii) to correct skill imbalances; or

‘‘(iv) to reduce the number of high-grade, managerial,

supervisory, or similar positions.’’.

(c) CONFORMING AMENDMENTS.—(1) Section 8339(h) of such

title is amended by striking out ‘‘or ( j)’’ in the first sentence and inserting ‘‘( j), or (o)’’.

(2) Section 8464(a)(1)(A)(i) of such title is amended by striking

out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.

SEC. 1153. LIMITATIONS.

(a) FISCAL YEAR 2001 LIMITATIONS ON VSIP.—Section 5597 of

title 5, United States Code, as amended by section 1151, is further

amended by adding at the end the following new subsection:

‘‘(i)(1) Notwithstanding any other provision of this section, during fiscal year 2001, separation pay may be offered under the program carried out under this section with respect to workforce restructuring only to persons who, upon separation, are entitled to an

immediate annuity under section 8336, 8412, or 8414 of this title

and are otherwise eligible for the separation pay under this section.

‘‘(2) In the administration of the program under this section

during fiscal year 2001, the Secretary shall ensure that not more

than 1,000 employees are, as a result of workforce restructuring,

separated from service in that fiscal year entitled to separation pay

under this section.

‘‘(3) Separation pay may not be offered as a result of workforce

restructuring under the program carried out under this section after

fiscal year 2003.’’.

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(b) LIMITATIONS FOR FISCAL YEARS 2002 AND 2003 ON VSIP

AND VERA.—(1) Subject to paragraph (2), the Secretary of Defense

shall ensure that, in each of fiscal years 2002 and 2003, not more

than 4,000 employees of the Department of Defense are, as a result

of workforce restructuring, separated from service entitled to one or

more of the following benefits:

(A) Voluntary separation incentive pay under section 5597

of title 5, United States Code.

(B) Immediate annuity under section 8336(o) or 8414(d) of

such title.

(2) Notwithstanding sections 5597(e), 8336(o), and 8414(d) of

title 5, United States Code, the Secretary of Defense may carry out

the programs authorized in those sections during fiscal years 2002

and 2003 with respect to workforce restructuring only to the extent

provided in a law enacted by the One Hundred Seventh Congress.

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.

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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Subtitle A—Matters Related to Arms

Control

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO

INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR

2001—The total amount of the assistance for fiscal year 2001 that

is provided by the Secretary of Defense under section 1505 of the

Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

as activities of the Department of Defense in support of activities

under that Act may not exceed $15,000,000.

(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Subsection (f) of section 1505 of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by striking ‘‘2000’’

and inserting ‘‘2001’’.

SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS

CONTROL AND REGIONAL SECURITY ISSUES.

Of the amount authorized to be appropriated by section 301(5),

up to $1,000,000 is available for the support of programs to promote

formal and informal region-wide consultations among Arab, Israeli,

and United States officials and experts on arms control and security

issues concerning the Middle East region.

SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT

TO FOREIGN GOVERNMENTS.

(a) IN GENERAL.—Chapter 152 of title 10, United States Code,

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

‘‘§ 2555. Nuclear test monitoring equipment: furnishing to

foreign governments

‘‘(a) AUTHORITY TO CONVEY OR PROVIDE NUCLEAR TEST MONITORING EQUIPMENT.—Subject to subsection (b), the Secretary of Defense may—

‘‘(1) convey or otherwise provide to a foreign government (A)

equipment for the monitoring of nuclear test explosions, and (B)

associated equipment; and

‘‘(2) as part of any such conveyance or provision of equipment, install such equipment on foreign territory or in international waters.

‘‘(b) AGREEMENT REQUIRED.—Nuclear test explosion monitoring

equipment may be conveyed or otherwise provided under subsection

(a) only pursuant to the terms of an agreement between the United

States and the foreign government receiving the equipment in which

the recipient foreign government agrees—

‘‘(1) to provide the United States with timely access to the

data produced, collected, or generated by the equipment;

‘‘(2) to permit the Secretary of Defense to take such measures as the Secretary considers necessary to inspect, test, maintain, repair, or replace that equipment, including access for

purposes of such measures; and

‘‘(3) to return such equipment to the United States (or allow

the United States to recover such equipment) if either party determines that the agreement no longer serves its interests.

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‘‘(c) REPORT.—Promptly after entering into any agreement

under subsection (b), the Secretary of Defense shall submit to Congress a report on the agreement. The report shall identify the country with which the agreement was made, the anticipated costs to the

United States to be incurred under the agreement, and the national

interest of the United States that is furthered by the agreement.

‘‘(d) LIMITATION ON DELEGATION.—The Secretary of Defense

may delegate the authority of the Secretary to carry out this section

only to the Secretary of the Air Force. Such a delegation may be redelegated.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘2555. Nuclear test monitoring equipment: furnishing to foreign governments.’’.

SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.

Section 1402(b) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 798) is amended

by adding at the end the following new paragraph:

‘‘(4) The status of the implementation or other disposition

of recommendations included in reports of audits by Inspectors

General that have been set forth in a previous annual report

under this section pursuant to paragraph (3).’’.

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.

Section 1035 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 753) is amended—

(1) in subsection (a), by striking ‘‘Not later than 180 days

after the date of the enactment of this Act,’’ and inserting ‘‘Not

later than April 1 each year (but subject to subsection (e)),’’;

(2) in subsection (b), by striking ‘‘The report’’ in the matter

preceding paragraph (1) and inserting ‘‘Each report’’;

(3) in subsection (d), by striking ‘‘the report’’ and inserting

‘‘a report’’; and

(4) by adding at the end the following new subsection:

‘‘(e) TERMINATION WHEN UNITED STATES MILITARY OPERATIONS

END.—(1) No report is required under this section after United

States military operations in the Balkans region have ended.

‘‘(2) After the requirement for an annual report under this section is terminated by operation of paragraph (1), but not later than

the latest date on which the next annual report under this section

would, except for paragraph (1), otherwise be due, the Secretary of

Defense shall transmit to Congress a notification of the termination

of the reporting requirement.’’.

SEC. 1212. SITUATION IN THE BALKANS.

(a) ESTABLISHMENT OF NATO BENCHMARKS FOR WITHDRAWAL

OF FORCES FROM KOSOVO.— The President shall develop, not later

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than May 31, 2001, militarily significant benchmarks for conditions

that would achieve a sustainable peace in Kosovo and ultimately

allow for the withdrawal of the United States military presence in

Kosovo. Congress urges the President to seek concurrence among

member nations of the North Atlantic Treaty Organization in the

development of those benchmarks.

(b) COMPREHENSIVE POLITICAL-MILITARY STRATEGY.—(1) The

President—

(A) shall develop a comprehensive political-military strategy for addressing the political, economic, humanitarian, and

military issues in the Balkans; and

(B) shall establish near-term, mid-term, and long-term objectives in the region.

(2) In developing that strategy and those objectives, the President shall take into consideration—

(A) the benchmarks relating to Kosovo developed as described in subsection (a); and

(B) the benchmarks relating to Bosnia that were detailed in

the report accompanying the certification by the President to

Congress on March 3, 1998 (printed as House Document 105–

223), with respect to the continued presence of United States

Armed Forces, after June 30, 1998, in Bosnia and Herzegovina,

submitted to Congress pursuant to section 7 of title I of the

1998 Supplemental Appropriations and Rescissions Act (Public

Law 105–174; 112 Stat. 63).

(3) That strategy and those objectives shall be developed in consultation with appropriate regional and international entities.

(c) SEMIANNUAL REPORT ON BENCHMARKS.—Not later than

June 30, 2001, and every six months thereafter, the President shall

submit to Congress a report on the progress made in achieving the

benchmarks developed pursuant to subsection (a). The President

may submit a single report covering these benchmarks and the

benchmarks relating to Bosnia referred to in subsection (b)(2)(B).

(d) SEMIANNUAL REPORT ON COMPREHENSIVE STRATEGY.—Not

later than June 30, 2001, and every six months thereafter so long

as United States forces are in the Balkans, the President shall submit to Congress a report on the progress being made in developing

and implementing a comprehensive political-military strategy as described in subsection (b)(1)(A).

SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING.

(a) REQUIREMENT FOR PERIODIC REPORT.—The President shall

submit to the specified congressional committees a semiannual report on the contributions of European nations and organizations to

the peacekeeping operations in Kosovo. The first such report shall

be submitted not later than December 1, 2000.

(b) CONTENT OF REPORT.—Each report shall contain detailed

information on the following:

(1) The commitments and pledges made by the European

Commission, the member nations of the European Union, and

the European member nations of the North Atlantic Treaty Organization for—

(A) reconstruction assistance in Kosovo;

(B) humanitarian assistance in Kosovo;

(C) the Kosovo Consolidated Budget;

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(D) police (including special police) for the United Nations international police force for Kosovo; and

(E) military personnel for peacekeeping operations in

Kosovo.

(2) The amount of the assistance that has been provided in

each category, and the number of police and military personnel

that have been deployed to Kosovo, by each organization or nation referred to in paragraph (1).

(3) The full range of commitments and responsibilities that

have been undertaken for Kosovo by the United Nations, the

European Union, and the Organization for Security and Cooperation in Europe (OSCE), the progress made by those organizations in fulfilling those commitments and responsibilities,

an assessment of the tasks that remain to be accomplished, and

an anticipated schedule for completing those tasks.

(d) SPECIFIED CONGRESSIONAL COMMITTEES.—In the section,

the term ‘‘specified congressional committees’’ means—

(1) the Committee on Armed Services, the Committee on

Foreign Relations, and the Committee on Appropriations of the

Senate; and

(2) the Committee on Armed Services, the Committee on

International Relations, and the Committee on Appropriations

of the House of Representatives.

Subtitle C—North Atlantic Treaty Organization and United States Forces in Europe

SEC. 1221. NATO FAIR BURDENSHARING.

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

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

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

78-day air campaign known as Operation Allied Force conducted

against the Federal Republic of Yugoslavia during the period from

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

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

personnel.

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

States aircraft and other systems participating in the operation.

(b) REPORT ON BURDENSHARING OF FUTURE NATO OPER- ATIONS.—Whenever the North Atlantic Treaty Organization undertakes a military operation, the Secretary of Defense shall submit to

the Committee on Armed Services of the Senate and the Committee

on Armed Services of the House of Representatives a report

describing—

(1) the contributions to that operation made by each of the

member nations of the North Atlantic Treaty Organization during that operation; and

(2) the contributions that each of the member nations of the

North Atlantic Treaty Organization are making or have pledged

to make during any follow-on operation.

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(c) TIME FOR SUBMISSION OF REPORT.—A report under subsection (b) shall be submitted not later than 90 days after the completion of the military operation.

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

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

Act.

SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIRLIFT SUPPORT THROUGH ACQUISITION AND CROSS-SERVICING AGREEMENTS.

Section 2350c of title 10, United States Code, is amended—

(1) by striking subsection (d); and

(2) by redesignating subsection (e) as subsection (d).

SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED

STATES MILITARY ENGAGEMENT IN EUROPE.

(a) COMPTROLLER GENERAL STUDY.—The Comptroller General

shall conduct a study assessing the benefits and costs to the United

States and United States national security interests of the engagement of United States forces in Europe and of United States military strategies used to shape the international security environment

in Europe.

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

(1) The benefits and costs to the United States of having

forces stationed in Europe and assigned to areas of regional

conflict such as Bosnia and Kosovo.

(2) The benefits and costs associated with stationing United

States forces in Europe and with assigning those forces to areas

of regional conflict, including an analysis of the benefits and

costs of deploying United States forces with the forces of European allies.

(3) The amount and type of the following kinds of contributions to European security made by European allies in 1999

and 2000:

(A) Financial contributions.

(B) Contributions of military personnel and units.

(C) Contributions of nonmilitary personnel, such as

medical personnel, police officers, judicial officers, and

other civic officials.

(D) Contributions, including contributions in kind, for

humanitarian and reconstruction assistance and infrastructure building or activities that contribute to regional

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

(4) The extent to which a forward United States military

presence compensates for existing shortfalls of air and sea lift

capability in the event of regional conflict in Europe or the Middle East.

(c) REPORT.—The Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study not later than December

1, 2001.

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Subtitle D—Other Matters

SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY WARNING SYSTEMS AND NOTIFICATION

OF BALLISTIC MISSILE LAUNCHES.

(a) AUTHORITY.—The Secretary of Defense is authorized to establish, in conjunction with the Government of the Russian Federation, a United States-Russian Federation joint center for the exchange of data from systems to provide early warning of launches

of ballistic missiles and for notification of launches of such missiles.

(b) SPECIFIC ACTIONS.—The actions that the Secretary undertakes for the establishment of the center may include—

(1) subject to subsection (d), participating in the renovation

of a mutually agreed upon facility to be made available by the

Russian Federation; and

(2) the furnishing of such equipment and supplies as may

be necessary to begin the operation of the center.

(c) REPORT REQUIRED.—(1) Not later than 30 days after the

date of the enactment of this Act, the Secretary shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report on plans

for the joint data exchange center.

(2) The report shall include the following:

(A) A detailed explanation as to why the particular facility

intended to house the center was chosen.

(B) An estimate of the total cost of renovating that facility

for use by the center.

(C) A description of the manner by which the United States

proposes to meet its share of the costs of such renovation.

(d) LIMITATION.—(1) The Secretary of Defense may participate

under subsection (b) in the renovation of the facility identified in the

report under subsection (c) only if the United States and the Russian Federation enter into a cost-sharing arrangement that provides

for an equal sharing between the two nations of the cost of establishing the center, including the costs of renovating and operating

the facility. (2) Not more than $4,000,000 of funds appropriated for fiscal

year 2001 may be obligated or expended after the date of the enactment of this Act by the Secretary of Defense for the renovation of

such facility until 30 days after the date on which the Secretary

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

Committee on Armed Services of the House of Representatives a

copy of a written agreement between the United States and the Russian Federation that provides details of the cost-sharing arrangement specified in paragraph (1), in accordance with the Memorandum of Agreement between the two nations signed in Moscow in

June 2000.

SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MISSILE LAUNCH EARLY WARNING DATA.

Not later than March 15, 2001, the Secretary of Defense shall

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

Committee on Armed Services of the House of Representatives a report on current and planned activities of the Department of Defense

with respect to the sharing and exchange with other countries of

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early warning data concerning ballistic missile launches. The report

shall include the Secretary’s assessment of the benefits and risks of

sharing such data with other countries on a bilateral or multilateral basis.

SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY COMPANIES OPERATING IN THE UNITED STATES.

Section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is

amended—

(1) by striking ‘‘PUBLICATION’’ in the subsection heading

and inserting ‘‘REPORTING’’; and

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

‘‘(1) INITIAL DETERMINATION AND REPORTING.—Not later

than March 1, 2001, the Secretary of Defense shall make a determination of those persons operating directly or indirectly in

the United States or any of its territories and possessions that

are Communist Chinese military companies and shall submit a

list of those persons in classified and unclassified form to the

following:

‘‘(A) The Committee on Armed Services of the House of

Representatives.

‘‘(B) The Committee on Armed Services of the Senate.

‘‘(C) The Secretary of State.

‘‘(D) The Secretary of the Treasury.

‘‘(E) The Attorney General.

‘‘(F) The Secretary of Commerce.

‘‘(G) The Secretary of Energy.

‘‘(H) The Director of Central Intelligence.

‘‘(2) ANNUAL REVISIONS TO THE LIST.—The Secretary of Defense shall make additions or deletions to the list submitted

under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later

than February 1, each year to the committees and officers specified in paragraph (1).’’.

SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE

LEVELS OF HIGH PERFORMANCE COMPUTERS.

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

1211 of the National Defense Authorization Act for Fiscal Year 1998

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

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

‘‘180’’ and inserting ‘‘60’’; and

(2) by adding at the end the following new subsection:

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

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

adjournment of the Congress sine die.’’.

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

shall apply to any new composite theoretical performance level established for purposes of section 1211(a) of the National Defense Authorization Act for Fiscal Year 1998 that is submitted by the President pursuant to section 1211(d) of that Act on or after the date of

the enactment of this Act.

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SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES AS HUMANITARIAN AND CIVIC ASSISTANCE.

Section 401(e)(1) of title 10, United States Code, is amended by

striking ‘‘rural areas of a country’’ and inserting ‘‘areas of a country

that are rural or are underserved by medical, dental, and veterinary

professionals, respectively’’.

SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN

AS SOLDIERS.

(a) FINDINGS.—Congress makes the following findings:

(1) In the year 2000, approximately 300,000 individuals

under the age of 18 are participating in armed conflict in more

than 30 countries worldwide.

(2) Many children participating in armed conflict in various countries around the world are forcibly conscripted

through kidnapping or coercion, while others join military units

due to economic necessity, to avenge the loss of a family member, or for their own personal safety.

(3) Many military commanders frequently force child soldiers to commit gruesome acts of ritual killings or torture

against their enemies, including against other children.

(4) Many military commanders separate children from their

families in order to foster dependence on military units and

leaders, leaving children vulnerable to manipulation, deep traumatization, and in need of psychological counseling and rehabilitation.

(5) Child soldiers are exposed to hazardous conditions and

risk physical injuries, sexually transmitted diseases, malnutrition, deformed backs and shoulders from carrying overweight

loads, and respiratory and skin infections.

(6) Many young female soldiers face the additional psychological and physical horrors of rape and sexual abuse, being

enslaved for sexual purposes by militia commanders, and forced

to endure severe social stigma should they return home.

(7) Children in northern Uganda continue to be kidnapped

by the Lords Resistance Army (LRA), which is supported and

funded by the Government of Sudan and which has committed

and continues to commit gross human rights violations in

Uganda.

(8) Children in Sri Lanka have been forcibly recruited by

the opposition Tamil Tigers movement and forced to kill or be

killed in the armed conflict in that country.

(9) An estimated 7,000 child soldiers have been involved in

the conflict in Sierra Leone, some as young as age 10, with

many being forced to commit extrajudicial executions, torture,

rape, and amputations for the rebel Revolutionary United

Front.

(10) On January 21, 2000, in Geneva, a United Nations

Working Group, including representatives from more than 80

governments including the United States, reached consensus on

an international agreement, referred to in this case as an ‘‘optional protocol’’, on the use of child soldiers.

(11) This optional protocol, upon entry into force, will—

(A) raise the international minimum age for conscription and will require governments to take all feasible measVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00377 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.126 pfrm03 PsN: HR945
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ures to ensure that members of their armed forces under

age 18 do not participate directly in combat;

(B) prohibit the recruitment and use in armed conflict

of persons under the age of 18 by non-governmental armed

forces;

(C) encourage governments to raise the minimum legal

age for voluntary recruits above the current standard of 15,

and

(D) commit governments to support the demobilization

and rehabilitation of child soldiers and, when possible, to

allocate resources to this purpose.

(12) On October 29, 1998, United Nations Secretary General Kofi Annan set minimum age requirements for United Nations peacekeeping personnel that are made available by member nations of the United Nations.

(13) The United Nations Under-Secretary General for

Peace-keeping, Bernard Miyet, announced in the Fourth Committee of the General Assembly that contributing governments

of member nations were asked not to send civilian police and

military observers under the age of 25 and that troops in national contingents should preferably be at least 21 years of age

but in no case should they be younger than 18 years of age.

(14) On August 25, 1999, the United Nations Security

Council unanimously passed Resolution 1261 (1999) condemning the use of children in armed conflicts.

(15) In addressing the Security Council on August 26,

1999, the Special Representative of the Secretary General for

Children and Armed Conflict, Olara Otunnu, urged the adoption of a global three-pronged approach to combatting the use

of children in armed conflict that would—

(A) first, raise the age limit for recruitment and participation in armed conflict from the present age of 15 to the

age of 18;

(B) second, increase international pressure on armed

groups which currently abuse children; and

(C) third, address the political, social, and economic

factors that create an environment in which children are

induced by appeal of ideology or by socio-economic collapse

to become child soldiers.

(16) The United States delegation to the United Nations

working group relating to child soldiers, which included representatives from the Department of Defense, supported the Geneva agreement on the optional protocol.

(17) On May 25, 2000, the United Nations General Assembly unanimously adopted the optional protocol on the use of

child soldiers.

(18) The optional protocol was opened for signature on

June 5, 2000.

(19) The President signed the optional protocol on behalf of

the United States on July 5, 2000.

(b) CONGRESSIONAL STATEMENTS ON CHILD SOLDIERS.—Congress joins the international community in—

(1) condemning the use of children as soldiers by governmental and nongovernmental armed forces worldwide; and

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(2) welcoming the optional protocol on the use of child soldiers adopted by the United Nations General Assembly on May

25, 2000, as a critical first step in ending the use of children

as soldiers.

(c) SENSE OF CONGRESS ON FURTHER ACTIONS.—It is the sense

of Congress that—

(1) it is essential that the President consult closely with the

Senate with the objective of building support for ratification by

the United States of the optional protocol and that the Senate

move forward as expeditiously as possible;

(2) the United States should provide assistance, through a

new fund to be established by law, for the rehabilitation and reintegration into their respective civilian societies of child soldiers of other nations; and

(3) the President, acting through the Secretaries of State

and Defense and other appropriate officials, should undertake

all possible efforts to persuade and encourage other governments to ratify and endorse the optional protocol on the use of

child soldiers.

SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND

RECOVERY.

(a) FINDINGS.—Congress makes the following findings:

(1) The tragic loss in August 2000 of the Russian submarine Kursk resulted in the death of all 118 members of the

submarine’s crew.

(2) The Kursk is the third vessel of the submarine fleet of

the Russian Federation and its predecessor, the Union of Soviet

Socialist Republics, to be lost in an accident at sea with considerable loss of life of the officers and crews of those submarines.

(3) The United States submarines USS Thresher and USS

Scorpion, with their officers and crews, were also lost at sea in

tragic accidents, in 1963 and 1968, respectively.

(4) The United States, the Russian Federation, and other

maritime nations possess extensive capabilities consisting of

naval and research vessels and other assets that could be used

to respond to accidents or incidents involving submarines or

other undersea vessels.

(5) The United States Navy has rescue agreements with the

navies of 14 countries from Europe, the Western Pacific, and the

Americas, but not including the Russian Federation, and exercises regularly to train crews and practice submarine rescue

procedures with the navies of participating nations.

(b) EXPRESSION OF SYMPATHY.—Congress expresses its sympathy and the sympathy of the American people to the people of the

Russian Federation and joins the Russian people in mourning the

death of the crewmen of the submarine Kursk.

(c) SENSE OF CONGRESS CONCERNING INTERNATIONAL COOPERATION.—It is the sense of Congress that when undersea accidents or incidents involving submarines or other undersea vessels

occur, it is in the best interests of all nations to work together to respond promptly to the accident or incident, rescue and recover the

crew of the vessel, minimize the loss of life, and prevent damage to

the oceans.

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(d) ESTABLISHMENT OF PLAN FOR RESPONDING TO UNDERSEA

ACCIDENTS OR INCIDENTS.—Congress urges the President of the

United States and the President of the Russian Federation, in coordination with the leaders of other maritime nations that possess

undersea naval and research vessels and undersea rescue capabilities, to cooperate in establishing a plan for—

(1) responding to accidents or incidents involving submarines or other undersea vessels; and

(2) rescue and recovery of the crew of the vessels involved

in such accidents or incidents.

SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION.

(a) PURPOSES.—The purposes of this section are as follows:

(1) To establish the United States-China Security Review

Commission to review the national security implications of

trade and economic ties between the United States and the People’s Republic of China.

(2) To facilitate the assumption by the United States-China

Security Review Commission of its duties regarding the review

referred to in paragraph (1) by providing for the transfer to that

Commission of staff, materials, and infrastructure (including

leased premises) of the Trade Deficit Review Commission that

are appropriate for the review upon the submittal of the final

report of the Trade Deficit Review Commission.

(b) ESTABLISHMENT OF UNITED STATES-CHINA SECURITY RE- VIEW COMMISSION.— (1) IN GENERAL.—There is hereby established a commission

to be known as the United States-China Security Review Commission (in this section referred to as the ‘‘Commission’’).

(2) PURPOSE.—The purpose of the Commission is to monitor, investigate, and report to Congress on the national security

implications of the bilateral trade and economic relationship

between the United States and the People’s Republic of China.

(3) MEMBERSHIP.—The United States-China Security Review Commission shall be composed of 12 members, who shall

be appointed in the same manner provided for the appointment

of members of the Trade Deficit Review Commission under section 127(c)(3) of the Trade Deficit Review Commission Act (19

U.S.C. 2213 note), except that—

(A) appointment of members by the Speaker of the

House of Representatives shall be made after consultation

with the chairman of the Committee on Armed Services of

the House of Representatives, in addition to consultation

with the chairman of the Committee on Ways and Means

of the House of Representatives provided for under clause

(iii) of subparagraph (A) of that section;

(B) appointment of members by the President pro tempore of the Senate upon the recommendation of the majority

leader of the Senate shall be made after consultation with

the chairman of the Committee on Armed Services of the

Senate, in addition to consultation with the chairman of

the Committee on Finance of the Senate provided for under

clause (i) of that subparagraph;

(C) appointment of members by the President pro tempore of the Senate upon the recommendation of the minorVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00380 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.127 pfrm03 PsN: HR945
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ity leader of the Senate shall be made after consultation

with the ranking minority member of the Committee on

Armed Services of the Senate, in addition to consultation

with the ranking minority member of the Committee on Finance of the Senate provided for under clause (ii) of that

subparagraph;

(D) appointment of members by the minority leader of

the House of Representatives shall be made after consultation with the ranking minority member of the Committee

on Armed Services of the House of Representatives, in addition to consultation with the ranking minority member of

the Committee on Ways and Means of the House of Representatives provided for under clause (iv) of that subparagraph;

(E) persons appointed to the Commission shall have expertise in national security matters and United StatesChina relations, in addition to the expertise provided for

under subparagraph (B)(i)(I) of that section;

(F) members shall be appointed to the Commission not

later than 30 days after the date on which each new Congress convenes;

(G) members of the Commission may be reappointed for

additional terms of service as members of the Commission;

and

(H) members of the Trade Deficit Review Commission

as of the date of the enactment of this Act shall serve as

members of the United States-China Security Review Commission until such time as members are first appointed to

the United States-China Security Review Commission

under this paragraph.

(4) RETENTION OF SUPPORT.—The United States-China Security Review Commission shall retain and make use of such

staff, materials, and infrastructure (including leased premises)

of the Trade Deficit Review Commission as the United StatesChina Security Review Commission determines, in the judgment of the members of the United States-China Security Review Commission, are required to facilitate the ready commencement of activities of the United States-China Security Review Commission under subsection (c) or to carry out such activities after the commencement of such activities.

(5) CHAIRMAN AND VICE CHAIRMAN.—The members of the

Commission shall select a Chairman and Vice Chairman of the

Commission from among the members of the Commission.

(6) MEETINGS.—

(A) MEETINGS.—The Commission shall meet at the call

of the Chairman of the Commission.

(B) QUORUM.—A majority of the members of the Commission shall constitute a quorum for the transaction of

business of the Commission.

(7) VOTING.—Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other

member of the Commission.

(c) DUTIES.—

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(1) ANNUAL REPORT.—Not later than March 1 each year

(beginning in 2002), the Commission shall submit to Congress

a report, in both unclassified and classified form, regarding the

national security implications and impact of the bilateral trade

and economic relationship between the United States and the

People’s Republic of China. The report shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions, if any, of the national security

implications for the United States of the trade and current balances with the People’s Republic of China in goods and services,

financial transactions, and technology transfers. The Commission shall also take into account patterns of trade and transfers

through third countries to the extent practicable.

(2) CONTENTS OF REPORT.—Each report under paragraph

(1) shall include, at a minimum, a full discussion of the following:

(A) The portion of trade in goods and services with the

United States that the People’s Republic of China dedicates

to military systems or systems of a dual nature that could

be used for military purposes.

(B) The acquisition by the People’s Republic of China

of advanced military or dual-use technologies from the

United States by trade (including procurement) and other

technology transfers, especially those transfers, if any, that

contribute to the proliferation of weapons of mass destruction or their delivery systems, or that undermine international agreements or United States laws with respect to

nonproliferation.

(C) Any transfers, other than those identified under

subparagraph (B), to the military systems of the People’s

Republic of China made by United States firms and United

States-based multinational corporations.

(D) An analysis of the statements and writing of the

People’s Republic of China officials and officially-sanctioned writings that bear on the intentions, if any, of the

Government of the People’s Republic of China regarding the

pursuit of military competition with, and leverage over, or

cooperation with, the United States and the Asian allies of

the United States.

(E) The military actions taken by the Government of

the People’s Republic of China during the preceding year

that bear on the national security of the United States and

the regional stability of the Asian allies of the United

States.

(F) The effects, if any, on the national security interests

of the United States of the use by the People’s Republic of

China of financial transactions and capital flow and currency manipulations.

(G) Any action taken by the Government of the People’s

Republic of China in the context of the World Trade Organization that is adverse or favorable to the United States

national security interests.

(H) Patterns of trade and investment between the People’s Republic of China and its major trading partners,

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other than the United States, that appear to be substantively different from trade and investment patterns

with the United States and whether the differences have

any national security implications for the United States.

(I) The extent to which the trade surplus of the People’s

Republic of China with the United States enhances the

military budget of the People’s Republic of China.

(J) An overall assessment of the state of the security

challenges presented by the People’s Republic of China to

the United States and whether the security challenges are

increasing or decreasing from previous years.

(3) RECOMMENDATIONS OF REPORT.—Each report under

paragraph (1) shall also include recommendations for action by

Congress or the President, or both, including specific recommendations for the United States to invoke Article XXI (relating to security exceptions) of the General Agreement on Tariffs and Trade 1994 with respect to the People’s Republic of

China, as a result of any adverse impact on the national security interests of the United States.

(d) HEARINGS.— (1) IN GENERAL.—The Commission or, at its direction, any

panel or member of the Commission, may for the purpose of

carrying out the provisions of this section, hold hearings, sit

and act at times and places, take testimony, receive evidence,

and administer oaths to the extent that the Commission or any

panel or member considers advisable.

(2) INFORMATION.—The Commission may secure directly

from the Department of Defense, the Central Intelligence Agency, and any other Federal department or agency information

that the Commission considers necessary to enable the Commission to carry out its duties under this section, except the provision of intelligence information to the Commission shall be

made with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence

sources and methods or other exceptionally sensitive matters,

under procedures approved by the Director of Central Intelligence.

(3) SECURITY.—The Office of Senate Security shall—

(A) provide classified storage and meeting and hearing

spaces, when necessary, for the Commission; and

(B) assist members and staff of the Commission in obtaining security clearances.

(4) SECURITY CLEARANCES.—All members of the Commission and appropriate staff shall be sworn and hold appropriate

security clearances.

(e) COMMISSION PERSONNEL MATTERS.—

(1) COMPENSATION OF MEMBERS.—Members of the United

States-China Security Review Commission shall be compensated in the same manner provided for the compensation of

members of the Trade Deficit Review Commission under section

127(g)(1) and section 127(g)(6) of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note).

(2) TRAVEL EXPENSES.—Travel expenses of the United

States-China Security Review Commission shall be allowed in

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the same manner provided for the allowance of the travel expenses of the Trade Deficit Review Commission under section

127(g)(2) of the Trade Deficit Review Commission Act.

(3) STAFF.—An executive director and other additional personnel for the United States-China Security Review Commission shall be appointed, compensated, and terminated in the

same manner provided for the appointment, compensation, and

termination of the executive director and other personnel of the

Trade Deficit Review Commission under section 127(g)(3) and

section 127(g)(6) of the Trade Deficit Review Commission Act.

(4) DETAIL OF GOVERNMENT EMPLOYEES.—Federal Government employees may be detailed to the United States-China Security Review Commission in the same manner provided for the

detail of Federal Government employees to the Trade Deficit Review Commission under section 127(g)(4) of the Trade Deficit

Review Commission Act.

(5) FOREIGN TRAVEL FOR OFFICIAL PURPOSES.—Foreign

travel for official purposes by members and staff of the Commission may be authorized by either the Chairman or the Vice

Chairman of the Commission.

(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairman of the United States-China Security Review Commission may procure temporary and intermittent services for the United States-China Security Review Commission

in the same manner provided for the procurement of temporary

and intermittent services for the Trade Deficit Review Commission under section 127(g)(5) of the Trade Deficit Review Commission Act.

(f) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is authorized to be appropriated to

the Commission for fiscal year 2001, and for each fiscal year

thereafter, such sums as may be necessary to enable the Commission to carry out its functions under this section.

(2) AVAILABILITY.—Amounts appropriated to the Commission shall remain available until expended.

(g) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

the Commission.

(h) EFFECTIVE DATE.—This section shall take effect on the first

day of the 107th Congress.

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.

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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.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION

PROGRAMS AND FUNDS.

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section

301 and other provisions of this Act, Cooperative Threat Reduction

programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law

104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).

(b) FISCAL YEAR 2001 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2001 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to

the authorization of appropriations in section 301 for Cooperative

Threat Reduction programs shall be available for obligation for

three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $443,400,000 authorized to be appropriated to the Department of Defense for fiscal

year 2001 in section 301(23) for Cooperative Threat Reduction programs, not more than the following amounts may be obligated for

the purposes specified:

(1) For strategic offensive arms elimination in Russia, $177,800,000.

(2) For strategic nuclear arms elimination in Ukraine, $29,100,000.

(3) For activities to support warhead dismantlement proc- essing in Russia, $9,300,000.

(4) For weapons transportation security in Russia, $14,000,000.

(5) For planning, design, and construction of a storage facility for Russian fissile material, $57,400,000.

(6) For weapons storage security in Russia, $89,700,000.

(7) For development of a cooperative program with the Government of Russia to eliminate the production of weapons grade

plutonium at Russian reactors, $32,100,000.

(8) For biological weapons proliferation prevention activities in the former Soviet Union, $12,000,000.

(9) For activities designated as Other Assessments/Administrative Support, $13,000,000.

(10) For defense and military contacts, $9,000,000.

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2001 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than

a purpose listed in paragraphs (1) through (10) of subsection (a)

until 30 days after the date that the Secretary of Defense submits

to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2001 CooperaVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00385 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.129 pfrm03 PsN: HR945
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tive Threat Reduction funds for a purpose for which the obligation

or expenditure of such funds is specifically prohibited under this

title or any other provision of law.

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)

Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for

fiscal year 2001 for a purpose listed in any of the paragraphs in

subsection (a) in excess of the amount specifically authorized for

such purpose.

(2) An obligation of funds for a purpose stated in any of the

paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in

paragraph (1) only after—

(A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and

(B) 15 days have elapsed following the date of the notification.

(3) The Secretary may not, under the authority provided in

paragraph (1), obligate amounts for the purposes stated in any of

paragraphs (4), (5), (7), (9), or (10) of subsection (a) in excess of 115

percent of the amount specifically authorized for such purposes.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF

CONVENTIONAL WEAPONS.

No fiscal year 2001 Cooperative Threat Reduction funds, and

no funds appropriated for Cooperative Threat Reduction programs

for any other fiscal year, may be obligated or expended for elimination of conventional weapons or the delivery vehicles primarily intended to deliver such weapons.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL

STORAGE FACILITY.

(a) LIMITATIONS.—No fiscal year 2001 Cooperative Threat Reduction funds may be used—

(1) for construction of a second wing for the storage facility

for Russian fissile material referred to in section 1302(a)(5); or

(2) for design or planning with respect to such facility until

15 days after the date that the Secretary of Defense submits to

Congress notification that Russia and the United States have

signed a written transparency agreement that provides for

verification that material stored at the facility is of weapons origin.

(b) ESTABLISHMENT OF FUNDING CAP FOR FIRST WING OF STOR- AGE FACILITY.—Out of funds authorized to be appropriated for Cooperative Threat Reduction programs for fiscal year 2001 or any

other fiscal year, not more than $412,600,000 may be used for planning, design, or construction of the first wing for the storage facility

for Russian fissile material referred to in section 1302(a)(5).

SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT PROCESSING.

No fiscal year 2001 Cooperative Threat Reduction funds may be

used for activities to support warhead dismantlement processing in

Russia until 15 days after the date that the Secretary of Defense

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submits to Congress notification that the United States has reached

an agreement with Russia, which shall provide for appropriate

transparency measures, regarding assistance by the United States

with respect to such processing.

SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.

The Secretary of Defense shall seek to enter into an agreement

with Russia regarding procedures to allow the United States appropriate access to nuclear weapons storage sites for which assistance

under Cooperative Threat Reduction programs is provided.

SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF

FOSSIL FUEL ENERGY PLANTS; REPORT.

(a) IN GENERAL.—No fiscal year 2001 Cooperative Threat Reduction funds may be used for the construction of a fossil fuel energy plant intended to provide power to local communities that already receive power from nuclear energy plants that produce plutonium.

(b) REPORT.—Not later than 60 days after the date of the enactment of this Act, the President shall submit to Congress a report detailing options for assisting Russia in the development of alternative

energy sources to the three plutonium production reactors remaining

in operation in Russia. The report shall include—

(1) an assessment of the costs of building fossil fuel plants

in Russia to replace the existing plutonium production reactors;

and

(2) an identification of funding sources, other than Cooperative Threat Reduction funds, that could possibly be used for

the construction of such plants in the event that the option to

use fossil fuel energy is chosen as part of a plan to shut down

Russia’s nuclear plutonium production reactors at Seversk and

Zelenogorsk.

SEC. 1308. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

(a) ANNUAL REPORT.—In any year in which the budget of the

President under section 1105 of title 31, United States Code, for the

fiscal year beginning in such year requests funds for the Department of Defense for assistance or activities under Cooperative

Threat Reduction programs with the states of the former Soviet

Union, the Secretary of Defense shall submit to Congress a report

on activities and assistance during the preceding fiscal year under

Cooperative Threat Reduction programs setting forth the matters in

subsection (c).

(b) DEADLINE FOR REPORT.—The report under subsection (a)

shall be submitted not later than the first Monday in February of

a year.

(c) MATTERS TO BE INCLUDED.—The report under subsection (a)

in a year shall set forth the following:

(1) An estimate of the total amount that will be required to

be expended by the United States in order to achieve the objectives of the Cooperative Threat Reduction programs.

(2) A five-year plan setting forth the amount of funds and

other resources proposed to be provided by the United States for

Cooperative Threat Reduction programs over the term of the

plan, including the purpose for which such funds and resources

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will be used, and to provide guidance for the preparation of annual budget submissions with respect to Cooperative Threat Reduction programs.

(3) A description of the Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including—

(A) the amounts notified, obligated, and expended for

such activities and the purposes for which such amounts

were notified, obligated, and expended for such fiscal year

and cumulatively for Cooperative Threat Reduction programs;

(B) a description of the participation, if any, of each department and agency of the United States Government in

such activities;

(C) a description of such activities, including the forms

of assistance provided;

(D) a description of the United States private sector

participation in the portion of such activities that were supported by the obligation and expenditure of funds for Cooperative Threat Reduction programs; and

(E) such other information as the Secretary of Defense

considers appropriate to inform Congress fully of the operation of Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or

conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities.

(4) A description of the audits, examinations, and other efforts, such as on-site inspections, conducted by the United

States during the fiscal year ending in the year preceding the

year of the report to ensure that assistance provided under Cooperative Threat Reduction programs is fully accounted for and

that such assistance is being used for its intended purpose,

including—

(A) if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment;

(B) if such assistance consisted of contracts or other

services, a description of the status of such contracts or

services and the methods used to ensure that such contracts

and services are being used for their intended purpose;

(C) a determination whether the assistance described in

subparagraphs (A) and (B) has been used for its intended

purpose; and

(D) a description of the audits, examinations, and other

efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Cooperative

Threat Reduction assistance provided during such fiscal

year is fully accounted for and is used for its intended purpose.

(5) A current description of the tactical nuclear weapons arsenal of Russia, including—

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(A) an estimate of the current types, numbers, yields,

viability, locations, and deployment status of the nuclear

warheads in that arsenal;

(B) an assessment of the strategic relevance of such

warheads;

(C) an assessment of the current and projected threat

of theft, sale, or unauthorized use of such warheads; and

(D) a summary of past, current, and planned United

States efforts to work cooperatively with Russia to account

for, secure, and reduce Russia’s stockpile of tactical nuclear

warheads and associated fissile materials.

(d) INPUT OF DCI.—The Director of Central Intelligence shall

submit to the Secretary of Defense the views of the Director on any

matters covered by subsection (c)(5) in a report under subsection (a).

Such views shall be included in such report as a classified annex

to such report.

(e) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90

days after the date on which a report is submitted to Congress

under subsection (a), the Comptroller General shall submit to Congress a report setting forth the Comptroller General’s assessment of

the information described in paragraphs (2) and (4) of subsection

(c).

(f) FIRST REPORT.—The first report submitted under subsection

(a) shall be submitted in 2001.

(g) REPEAL OF SUPERSEDED REPORTING REQUIREMENTS.—(1)

The following provisions of law are repealed:

(A) Section 1207 of the Cooperative Threat Reduction Act of

1994 (title XII of Public Law 103–160; 107 Stat. 1782; 22

U.S.C. 5956), relating to semiannual reports on Cooperative

Threat Reduction.

(B) Section 1203 of the National Defense Authorization Act

for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2882), relating to a report accounting for United States assistance for

Cooperative Threat Reduction.

(C) Section 1206 of the National Defense Authorization Act

for Fiscal Year 1996 (Public Law 104–106; 22 U.S.C. 5955

note), relating to accounting for United States assistance for Cooperative Threat Reduction.

(D) Section 1307 of the National Defense Authorization Act

for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 795), relating to a limitation on use of funds for Cooperative Threat Reduction pending submittal of a multiyear plan.

(2) Effective on the date the Secretary of Defense submits to

Congress an updated version of the multiyear plan for fiscal year

2001 as described in subsection (h), section 1205 of the National Defense Authorization Act for Fiscal Year 1995 (108 Stat. 2883; 10

U.S.C. 5952 note), relating to multiyear planning and Allied support for Cooperative Threat Reduction, is repealed.

(3) Section 1312 of the National Defense Authorization Act for

Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), relating to

Russian nonstrategic nuclear arms, is amended—

(A) by striking ‘‘(a) SENSE OF CONGRESS.—’’; and

(B) by striking subsections (b) and (c).

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(h) LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF

MULTIYEAR PLAN.—Not more than 10 percent of fiscal year 2001

Cooperative Threat Reduction funds may be obligated or expended

until the Secretary of Defense submits to Congress an updated

version of the multiyear plan for fiscal year 2001 required to be submitted under section 1205 of the National Defense Authorization Act

for Fiscal Year 1995 (Public Law 103–337; 22 U.S.C. 5952 note).

(i) REPORT ON RUSSIAN NONSTRATEGIC NUCLEAR ARMS.—Not

later than 30 days after the date of the enactment of this Act, the

Secretary of Defense shall submit to Congress a report on the following regarding Russia’s arsenal of tactical nuclear warheads:

(1) Estimates regarding current types, numbers, yields, viability, locations, and deployment status of the warheads.

(2) An assessment of the strategic relevance of the warheads.

(3) An assessment of the current and projected threat of

theft, sale, or unauthorized use of the warheads.

(4) A summary of past, current, and planned United States

efforts to work cooperatively with Russia to account for, secure,

and reduce Russia’s stockpile of tactical nuclear warheads and

associated fissile material.

SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.

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

international community should, when practicable, assist Russia in

eliminating its chemical weapons stockpile in accordance with Russia’s obligations under the Chemical Weapons Convention, and that

the level of such assistance should be based on—

(1) full and accurate disclosure by Russia of the size of its

existing chemical weapons stockpile;

(2) a demonstrated annual commitment by Russia to allo- cate at least $25,000,000 to chemical weapons elimination;

(3) development by Russia of a practical plan for destroying

its stockpile of nerve agents;

(4) enactment of a law by Russia that provides for the

elimination of all nerve agents at a single site; and

(5) an agreement by Russia to destroy its chemical weapons

production facilities at Volgograd and Novocheboksark.

(b) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that identifies—

(1) the amount spent by Russia for chemical weapons elimination during fiscal year 2000;

(2) the specific assistance being provided to Russia by the

international community for the safe storage and elimination of

Russia’s stockpile of nerve agents, including those nerve agents

located at the Shchuch’ye depot;

(3) the countries providing the assistance identified in

paragraph (2); and

(4) the value of the assistance that the international community has already provided and has committed to provide in

future years for the purpose described in paragraph (2).

(c) CHEMICAL WEAPONS CONVENTION DEFINED.—In this section,

the term ‘‘Chemical Weapons Convention’’ means the Convention on

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the Prohibition of the Development, Production, Stockpiling and Use

of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE PLUTONIUM PROGRAM.

Of the amounts authorized to be appropriated by this Act for

fiscal year 2001 for the Elimination of Weapons Grade Plutonium

Program, not more than 50 percent of such amounts may be obligated or expended for the program in fiscal year 2001 until 30 days

after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives a report on an agreement between the United States Government and the Government of the Russian Federation regarding a

new option selected for the shut down or conversion of the reactors

of the Russian Federation that produce weapons grade plutonium,

including—

(1) the new date on which such reactors will cease production of weapons grade plutonium under such agreement by reason of the shut down or conversion of such reactors; and

(2) any cost-sharing arrangements between the United

States Government and the Government of the Russian Federation in undertaking activities under such agreement.

SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION

PROGRAMS.

Not later than March 31, 2001, the Comptroller General shall

submit to Congress a report examining the procedures and mechanisms with respect to audits by the Department of Defense of the use

of funds for Cooperative Threat Reduction programs. The report

shall examine the following:

(1) Whether the audits being conducted by the Department

of Defense are producing necessary information regarding

whether assistance under such programs, including equipment

provided and services furnished, is being used as intended.

(2) Whether the audit procedures of the Department of Defense are adequate, including whether random samplings are

used.

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.

Sec. 1408. Funding.

Sec. 1409. Termination of the commission.

SEC. 1401. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is hereby established a commission

to be known as the ‘‘Commission to Assess the Threat to the United

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States from Electromagnetic Pulse Attack’’ (hereinafter in this title

referred to as the ‘‘Commission’’).

(b) COMPOSITION.—The Commission shall be composed of nine

members. Seven of the members shall be appointed by the Secretary

of Defense and two of the members shall be appointed by the Director of the Federal Emergency Management Agency. In selecting individuals for appointment to the Commission, the Secretary of Defense

shall consult with the chairmen and ranking minority members of

the Committees on Armed Services of the Senate and House of Representatives.

(c) QUALIFICATIONS.—Members of the Commission shall be appointed from among private United States citizens with knowledge

and expertise in the scientific, technical, and military aspects of

electromagnetic pulse (hereinafter in this title referred to as ‘‘EMP’’)

effects resulting from the detonation of a nuclear weapon or weapons at high altitude, sometimes referred to as high-altitude electromagnetic pulse effects (HEMP).

(d) CHAIRMAN OF COMMISSION.—The Secretary of Defense shall

designate one of the members of the Commission to serve as chairman of the Commission.

(e) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be

appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment.

(f) SECURITY CLEARANCES.—All members of the Commission

shall hold appropriate security clearances.

(g) INITIAL ORGANIZATION REQUIREMENTS.—All appointments

to the Commission shall be made not later than 90 days after the

date of the enactment of this Act. The Commission shall convene its

first meeting not later than 60 days after the date as of which all

members of the Commission have been appointed.

SEC. 1402. DUTIES OF COMMISSION.

(a) REVIEW OF EMP THREAT.—The Commission shall assess—

(1) the nature and magnitude of potential high-altitude

EMP threats to the United States from all potentially hostile

states or non-state actors that have or could acquire nuclear

weapons and ballistic missiles enabling them to perform a

high-altitude EMP attack against the United States within the

next 15 years;

(2) the vulnerability of United States military and especially civilian systems to an EMP attack, giving special attention to vulnerability of the civilian infrastructure as a matter

of emergency preparedness;

(3) the capability of the United States to repair and recover

from damage inflicted on United States military and civilian

systems by an EMP attack; and

(4) the feasibility and cost of hardening select military and

civilian systems against EMP attack.

(b) RECOMMENDATION.—The Commission shall recommend any

steps it believes should be taken by the United States to better protect its military and civilian systems from EMP attack.

(c) COOPERATION FROM GOVERNMENT OFFICIALS.—In carrying

out its duties, the Commission should receive the full and timely cooperation of the Secretary of Defense, the Director of the Federal

363

Emergency Management Agency, and any other United States Government official serving in the Department of Defense or Armed

Forces in providing the Commission with analyses, briefings, and

other information necessary for the fulfillment of its responsibilities.

SEC. 1403. REPORTS.

(a) COMMISSION REPORT.—The Commission shall, not later

than one year after the date of its first meeting, submit to Congress,

the Secretary of Defense, and the Director of the Federal Emergency

Management Agency a report on the Commission’s findings and

conclusions.

(b) SECRETARY OF DEFENSE REPORT.—Not later than one year

after the date of the Commission’s report under subsection (a), the

Secretary of Defense shall submit to Congress a report—

(1) commenting on the Commission’s findings and conclusions;

(2) describing political-military scenarios that could possibly lead to an EMP attack against the United States;

(3) evaluating the relative likelihood of an EMP attack

against the United States compared to other threats involving

nuclear weapons; and

(4) explaining what actions, if any, the Secretary intends to

take to implement the recommendations of the Commission and

the Secretary’s reasons for doing so.

SEC. 1404. POWERS.

(a) HEARINGS.—The Commission or, at its direction, any panel

or member of the Commission, may, for the purpose of carrying out

the provisions of this title, hold hearings, take testimony, receive evidence, and administer oaths to the extent that the Commission or

any panel or member considers advisable.

(b) INFORMATION.—The Commission may secure directly from

the Department of Defense, the Central Intelligence Agency, and any

other Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its

responsibilities under this title.

SEC. 1405. COMMISSION PROCEDURES.

(a) MEETINGS.—The Commission shall meet at the call of the

Chairman.

(b) QUORUM.—(1) Five members of the Commission shall constitute a quorum other than for the purpose of holding hearings.

(2) The Commission shall act by resolution agreed to by a majority of the members of the Commission.

(c) COMMISSION.—The Commission may establish panels composed of less than full membership of the Commission for the purpose of carrying out the Commission’s duties. The actions of each

such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall

not be considered the findings and determinations of the Commission unless approved by the Commission.

(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—Any

agent or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to

take under this title.

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SEC. 1406. PERSONNEL MATTERS.

(a) PAY OF MEMBERS.—Members of the Commission shall serve

without pay by reason of their work on the Commission.

(b) TRAVEL EXPENSES.—The members of the Commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

(c) STAFF.—(1) The chairman of the Commission may, without

regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and

such additional personnel as may be necessary to enable the Commission to perform its duties. The appointment of a staff director

shall be subject to the approval of the Commission.

(2) The chairman of the Commission may fix the pay of the staff

director and other personnel without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of title 5, United States

Code, relating to classification of positions and General Schedule

pay rates, except that the rate of pay fixed under this paragraph for

the staff director may not exceed the rate payable for level V of the

Executive Schedule under section 5316 of such title and the rate of

pay for other personnel may not exceed the maximum rate payable

for grade GS–15 of the General Schedule.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

chairman of the Commission, the head of any Federal department

or agency may detail, on a nonreimbursable basis, any personnel of

that department or agency to the Commission to assist it in carrying

out its duties.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the Commission may procure temporary

and intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay payable for level V of the

Executive Schedule under section 5316 of such title.

SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) POSTAL AND PRINTING SERVICES.—The Commission may use

the United States mails and obtain printing and binding services

in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.—The Secretary of Defense shall furnish the Commission, on a

reimbursable basis, any administrative and support services requested by the Commission.

SEC. 1408. FUNDING.

Funds for activities of the Commission shall be provided from

amounts appropriated for the Department of Defense for operation

and maintenance for Defense-wide activities for fiscal year 2001.

Upon receipt of a written certification from the Chairman of the

Commission specifying the funds required for the activities of the

Commission, the Secretary of Defense shall promptly disburse to the

Commission, from such amounts, the funds required by the Commission as stated in such certification.

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SEC. 1409. TERMINATION OF THE COMMISSION.

The Commission shall terminate 60 days after the date of the

submission of its report under section 1403(a).

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.

SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary of Defense for fiscal year 2000,

$40,000,000 to be used to provide economic assistance for the people

and communities of the island of Vieques, Puerto Rico, in accordance with the terms and conditions of the Vieques supplemental appropriation.

(b) TRANSFER AUTHORITY.—The Secretary of Defense may

transfer amounts of authorizations made available to the Department of Defense in subsection (a) to any agency or office of the

United States Government in order to implement the projects for

which the Vieques supplemental appropriation is made available.

The transfer authority under this section is in addition to any

transfer authority provided in Public Law 106–65 or any other Act.

(c) NOTICE TO CONGRESS.— The advance notice required by the

Vieques supplemental appropriation of each proposed transfer shall

also be submitted to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Representatives.

(d) DEFINITION.—In this section, the term ‘‘Vieques supplemental appropriation’’ means the paragraph under the heading

‘‘OPERATION AND MAINTENANCE, DEFENSE-WIDE’’ in chapter 1 of

title I of the Emergency Supplemental Act, 2000 (division B of Public Law 106–246; 114 Stat. 525).

SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACHMENT, VIEQUES ISLAND.

(a) CONVEYANCE REQUIRED.—

(1) PROPERTY TO BE CONVEYED.—The Secretary of the Navy

shall convey, without consideration, to the Municipality of

Vieques, 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 the island of

Vieques, Puerto Rico, except for—

(A) the property that is exempt from conveyance under

section 1506;

(B) the property that is required to be transferred to the

Secretary of the Interior under section 1508(a); and

(C) any property that is conveyed pursuant to section

1508(b).

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(2) TIME FOR CONVEYANCE.—The Secretary of the Navy

shall complete the conveyance required by paragraph (1) not

later than May 1, 2001.

(b) DESCRIPTION OF PROPERTY.—The Secretary of the Navy, in

consultation with the Secretary of the Interior on issues relating to

natural resource protection under section 1508, 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 section 1506.

(c) 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 the island of Vieques.

(2) CONVEYANCE DESPITE RESPONSE NEED.—If the Secretary

of the Navy, by May 1, 2001, is unable to provide the covenant

required by subparagraph (A)(ii)(I) of section 120(h)(3) of the

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9620(h)(3)) 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. Upon completion of such response actions, the Secretary shall execute and deliver to the

transferee the warranty referred to in subparagraph (C)(iii) of

such section. The completion of the response actions shall not

be delayed on account of the conveyance.

(3) CONTINUED NAVY RESPONSIBILITY.—Consistent with existing Navy and legal requirements, the Secretary of the Navy

shall remain responsible for the environmental condition of the

property, and neither the Commonwealth of Puerto Rico nor the

Municipality of Vieques shall be responsible for such 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.

(d) CONTROL OF CONVEYED PROPERTY.—The government of the

Municipality of Vieques, acting through the elected officials of that

government, shall have the power to administer, manage, and control the property conveyed under subsection (a) in any manner determined by the government of the Municipality of Vieques as being

most advantageous to the majority of the residents of the island of

Vieques (consistent with the laws of the United States).

(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

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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 (after the conveyance is made under subsection (a)) 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).

(ii) The Municipality of Vieques, Puerto Rico, and any

other political subdivision of the Commonwealth of Puerto

Rico that acquires such ownership or control (including

any officer, agent, or employee of that Municipality or other

political subdivision).

(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 out 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

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forded 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).

SEC. 1503. DETERMINATION REGARDING CONTINUATION OF NAVY

TRAINING.

(a) REFERENDUM.—

(1) REQUIREMENT.—Except as provided in paragraph (2),

the President shall provide for a referendum to be conducted on

the island of Vieques, Puerto Rico, to determine by a majority

of the votes cast in the referendum by the Vieques electorate

whether the people of Vieques approve or disapprove of the continuation of the conduct of live-fire training, and any other

types of training, by the Armed Forces at the Navy’s training

sites on the island under the conditions described in subsection

(d).

(2) EXCEPTION.—If the Chief of Naval Operations and the

Commandant of the Marine Corps jointly submit to the congressional defense committees, after the date of the enactment of

this Act and before the date set forth in subsection (c), their certification that the Vieques Naval Training Range is no longer

needed for training by the Navy and the Marine Corps, then the

requirement for a referendum under paragraph (1) shall cease

to be effective on the date on which the certification is submitted.

(b) PROHIBITION OF OTHER PROPOSITIONS.—In the referendum

under this section, no proposition or option may be presented as an

alternative to the propositions of approval and of disapproval of the

continuation of the conduct of training as described in subsection

(a)(1).

(c) TIME FOR REFERENDUM.—The referendum required under

this section shall be held on May 1, 2001, or within 270 days before

such date or 270 days after such date. The Secretary of the Navy

shall publicize the date set for the referendum 90 days before that

date.

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(d) REQUIRED TRAINING CONDITIONS.—For the purposes of the

referendum under this section, the conditions for the continuation of

the conduct of training are those that are proposed by the Secretary

of the Navy and publicized on the island of Vieques in connection

with, and for a reasonable period in advance of, the referendum.

The conditions shall include the following:

(1) LIVE-FIRE TRAINING.—A condition that the training may

include live-fire training.

(2) MAXIMUM ANNUAL DAYS OF USE.—A condition that the

training may be conducted on not more than 90 days each year.

(e) PROCLAMATION OF OUTCOME.—Promptly after the referendum is completed under this section, the President shall determine, and issue a proclamation declaring, the outcome of the referendum. The President’s determination shall be final, and the outcome of the referendum (as so determined) shall be binding.

(f) VIEQUES ELECTORATE DEFINED.—

(1) REGISTERED VOTERS.—In this section, the term ‘‘Vieques

electorate’’, with respect to a referendum under this section,

means the residents of the island of Vieques, Puerto Rico, who,

on both dates specified in paragraph (2), are registered to vote

in a general election held for casting ballots for the election of

the Resident Commissioner of the Commonwealth of Puerto

Rico.

(2) REGISTRATION DATES.—The dates referred to in paragraph (1) are as follows:

(A) November 7, 2000.

(B) The date that is 180 days before the date of the referendum under this section.

SEC. 1504. ACTIONS IF TRAINING IS APPROVED.

(a) CONDITION FOR EFFECTIVENESS.—This section shall take effect on the date on which the President issues a proclamation under

subsection (e) of section 1503 declaring that the continuation of the

conduct of training (including live-fire training) by the Armed

Forces at the Navy’s training sites on the island of Vieques, Puerto

Rico, under the conditions described in subsection (d) of such section, has been approved in the referendum conducted under such

section.

(b) AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL ECONOMIC ASSISTANCE.—There is authorized to be appropriated to the

President $50,000,000 to provide economic assistance for the people

and communities of the island of Vieques. This authorization of appropriations is in addition to the amount authorized to be appropriated to provide economic assistance under section 1501.

(c) TRAINING RANGE TO REMAIN OPEN.—The Vieques Naval

Training Range shall remain available for the use of the Armed

Forces, including for live-fire training.

SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MANDATE FOR REFERENDUM IS VITIATED.

(a) CONDITIONS FOR EFFECTIVENESS.—This section shall take

effect on the date on which either of the following occurs:

(1) The President issues a proclamation under subsection

(e) of section 1503 declaring that the continuation of the conduct of training (including live-fire training) by the Armed

370

Forces at the Navy’s training sites on the island of Vieques,

Puerto Rico, under the conditions described in subsection (d) of

such section, has not been approved in the referendum conducted under such section.

(2) The requirement for a referendum under section 1503

ceases to be effective pursuant to subsection (a)(2) of such section.

(b) ACTIONS REQUIRED OF SECRETARY OF DEFENSE.—

(1) TERMINATION OF OPERATION.—Not later than May 1,

2003, the Secretary of Defense shall—

(A) terminate all Navy and Marine Corps training operations on the island of Vieques; and

(B) terminate all Navy and Marine Corps operations at

Naval Station Roosevelt Roads, Puerto Rico, that are related exclusively to the use of the training range on the island of Vieques by the Navy and the Marine Corps.

(2) RELOCATION OF UNITS.—The Secretary of Defense may

relocate the units of the Armed Forces (other than those of the

reserve components) and activities of the Department of Defense

(including nonappropriated fund activities) at Fort Buchanan,

Puerto Rico, to Naval Station Roosevelt Roads, Puerto Rico, to

ensure maximum utilization of capacity.

(3) CLOSURE OF INSTALLATIONS AND FACILITIES.—The Secretary of Defense shall close the Department of Defense installations and facilities on the island of Vieques, other than properties exempt from conveyance and transfer under section 1506.

(c) ACTIONS REQUIRED OF SECRETARY OF THE NAVY.—The Secretary of the Navy shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior—

(1) the Live Impact Area on the island of Vieques;

(2) all Department of Defense real properties on the eastern

side of the island that are identified as conservation zones; and

(3) all other Department of Defense real properties on the

eastern side of the island.

(d) ACTIONS REQUIRED OF SECRETARY OF THE INTERIOR.—

(1) RETENTION AND ADMINISTRATION.—The Secretary of the

Interior shall retain, and may not dispose of any of, the properties transferred under paragraphs (2) and (3) of subsection (c)

and shall administer such properties as wildlife refuges under

the National Wildlife Refuge System Administration Act of

1966 (16 U.S.C. 668dd et seq.) pending the enactment of a law

that addresses the disposition of such properties.

(2) RESPONSIBILITY FOR LIVE IMPACT AREA.—Upon a termination of Navy and Marine Corps training operations on the island of Vieques under subsection (b)(1), the Secretary of the Interior shall assume responsibility for the administration of the

Live Impact Area, administer that area as a wilderness area

under the Wilderness Act (16 U.S.C. 1131 et seq.), and deny

public access to the area.

(3) LIVE IMPACT AREA DEFINED.—In this section, the term

‘‘Live Impact Area’’ means the parcel of real property, consisting

of approximately 900 acres (more or less), on the island of

Vieques that is designated by the Secretary of the Navy for tarVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00400 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.134 pfrm03 PsN: HR945
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geting by live ordnance in the training of forces of the Navy and

Marine Corps.

(e) GAO REVIEW.—

(1) REQUIREMENT FOR REVIEW.—The Comptroller General

shall review the requirement for the continued use of Fort Buchanan, Puerto Rico, by active Army forces and shall submit to

the congressional defense committees a report containing—

(A) the findings resulting from the review; and

(B) recommendations regarding the closure of Fort Buchanan and the consolidation of units of the Armed Forces

to Naval Station Roosevelt Roads, Puerto Rico.

(2) TIME FOR SUBMITTAL OF REPORT.—The Comptroller

General shall submit the report under paragraph (1) not later

than one year after the date on which the referendum under section 1503 is conducted or one year after the date on which a

certification is submitted to the congressional defense committees under subsection (a)(2) of such section, as the case may be.

SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEYANCE OR

TRANSFER.

(a) EXEMPT PROPERTY.—The Department of Defense properties

and property interests described in subsection (b) may not be conveyed or transferred out of the Department of Defense under this

title.

(b) PROPERTIES DESCRIBED.—The exemption under subsection

(a) applies to the following Department of Defense properties and

property interests on the island of Vieques, Puerto Rico:

(1) ROTHR SITE.—The site for relocatable over-the-horizon

radar.

(2) TELECOMMUNICATIONS SITES.—The Mount Pirata telecommunications sites.

(3) ASSOCIATED INTERESTS.—Any easements, rights-of-way,

and other interests in property that the Secretary of the Navy

determines necessary for—

(A) ensuring access to the properties referred to in

paragraphs (1) and (2);

(B) providing utilities for such properties;

(C) ensuring the security of such properties; and

(D) ensuring effective maintenance and operations on

such properties.

(4) REMEDIATION ACTIVITIES.—Any easements, rights-ofway, and other interests in property that the Secretary of the

Navy determines necessary for protecting human health and the

environment in the discharge of the Secretary’s responsibilities

for environmental remediation under section 1502(c), until such

time as these responsibilities are completed.

SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.

(a) IN GENERAL.—Except as provided in subsection (b), no acquisition, construction, conversion, rehabilitation, extension, or improvement of any facility at Fort Buchanan, Puerto Rico, may be

initiated or continued on or after the date of the enactment of this

Act.

(b) EXCEPTIONS.—The prohibition in subsection (a) does not

apply to the following:

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(1) Actions necessary to maintain the existing facilities (including utilities) at Fort Buchanan.

(2) The construction of reserve component and nonappropriated fund facilities authorized before the date of the enactment of this Act.

(c) TERMINATION.—This section shall cease to be effective upon

the issuance of a proclamation described in section 1504(a) or the

enactment of a law, after the date of the enactment of this Act, that

authorizes any acquisition, construction, conversion, rehabilitation,

extension, or improvement of any facility at Fort Buchanan, Puerto

Rico.

SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVATION ZONES.

(a) TRANSFER TO SECRETARY OF THE INTERIOR.— (1) TRANSFER REQUIRED.—Except as provided in section

1506, the Secretary of the Navy shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of

the Interior all Department of Defense real properties on the

western end of the Vieques Island, consisting of a total of approximately 3,100 acres, that are 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.

(2) TIME FOR TRANSFER.—The Secretary of the Navy shall

complete the transfer required by paragraph (1) not later than

May 1, 2001.

(b) CONVEYANCE TO CONSERVATION TRUST.— (1) CONVEYANCE REQUIRED.—Except as provided in section

1506 and subject to paragraph (2), the Secretary of the Navy

shall convey, without consideration, to the Puerto Rico Conservation Trust the additional Conservation Zones, consisting of

a total of approximately 800 acres, identified in Alternative 1

in the Draft Environmental Assessment for the proposed transfer of Naval Ammunition Support Detachment property,

Vieques, Puerto Rico, prepared by the Department of the Navy,

as described in the Federal Register of August 28, 2000 (65 Fed.

Reg. 52100).

(2) TIME FOR CONVEYANCE.—The Secretary of the Navy

shall complete the conveyance required by paragraph (1) not

later than May 1, 2001, except that paragraph (1) shall apply

only to those portions of the lands described in such paragraph

that the Commonwealth of Puerto Rico, the Secretary of the Interior, and the Puerto Rico Conservation Trust mutually agree,

before that date, to—

(A) include in the cooperative agreement under subsection (d)(2); and

(B) manage under standards consistent with the standards in subsection (c) applicable to the lands transferred

under subsection (a).

(c) ADMINISTRATION OF PROPERTIES AS WILDLIFE REFUGES.—

The Secretary of the Interior shall administer as wildlife refuges

under the National Wildlife Refuge System Administration Act of

1966 (16 U.S.C. 668dd et seq.) the Conservation Zones transferred

to the Secretary under subsection (a).

(d) COOPERATIVE AGREEMENT.—

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(1) REQUIRED; PARTIES.—The Secretary of the Interior shall

manage the Conservation Zones transferred under subsection

(a) pursuant to a cooperative agreement among the Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust, and

the Secretary of the Interior.

(2) INCLUSION OF ADJACENT AREAS.—Areas adjacent to the

Conservation Zones transferred under subsection (a) shall be

considered for inclusion under the cooperative agreement. Subject to the mutual agreement of the Commonwealth of Puerto

Rico, the Secretary of the Interior, and the Puerto Rico Conservation Trust, such adjacent areas may be included under the

cooperative agreement, except that the total acreage so included

under this paragraph may not exceed 800 acres. This determination of inclusion of lands shall be incorporated into the cooperative agreement process as set forth in paragraph (4).

(3) SEA GRASS AREA.—The Sea Grass Area west of Mosquito

Pier, as identified in the 1983 Memorandum of Understanding

between the Commonwealth of Puerto Rico and the Secretary of

the Navy, shall be included in the cooperative agreement to be

protected under the laws of the United States and the laws of

the Commonwealth of Puerto Rico.

(4) MANAGEMENT PURPOSES.—All lands covered by the cooperative agreement shall be managed to protect and preserve

the natural resources of the 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 cooperative agreement, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.), and the National Historic Preservation Act (16 U.S.C. 470

et seq.).

(5) COMPLETION AND IMPLEMENTATION.—The cooperative

agreement shall be completed not later than May 1, 2001. The

Secretary of the Interior shall implement the terms and conditions of the cooperative 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.

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.

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Subtitle A—Veterans Education Benefits

SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE

UNDER MONTGOMERY GI BILL.

(a) SPECIAL ENROLLMENT PERIOD.—Section 3018C of title 38,

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

new subsection:

‘‘(e)(1) A qualified individual (described in paragraph (2)) may

make an irrevocable election under this subsection, during the oneyear period beginning on the date of the enactment of this subsection, to become entitled to basic educational assistance under this

chapter. Such an election shall be made in the same manner as elections made under subsection (a)(5).

‘‘(2) A qualified individual referred to in paragraph (1) is an individual who meets each of the following requirements:

‘‘(A) The individual was a participant in the educational

benefits program under chapter 32 of this title on or before October 9, 1996.

‘‘(B) The individual has continuously served on active duty

since October 9, 1996 (excluding the periods referred to in section 3202(1)(C) of this title), through at least April, 1, 2000.

‘‘(C) The individual meets the requirements of subsection

(a)(3).

‘‘(D) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable

discharge.

‘‘(3)(A) Subject to the succeeding provisions of this paragraph,

with respect to a qualified individual who makes an election under

paragraph (1) to become entitled to basic education assistance under

this chapter—

‘‘(i) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned)

until the total amount by which such basic pay is reduced is

$2,700; and

‘‘(ii) to the extent that basic pay is not so reduced before the

qualified individual’s discharge or release from active duty as

specified in subsection (a)(4), at the election of the qualified

individual—

‘‘(I) the Secretary concerned shall collect from the

qualified individual, or

‘‘(II) the Secretary concerned shall reduce the retired or

retainer pay of the qualified individual by,

an amount equal to the difference between $2,700 and the total

amount of reductions under clause (i), which shall be paid into

the Treasury of the United States as miscellaneous receipts.

‘‘(B)(i) The Secretary concerned shall provide for an 18-month

period, beginning on the date the qualified individual makes an

election under paragraph (1), for the qualified individual to pay

that Secretary the amount due under subparagraph (A).

‘‘(ii) Nothing in clause (i) shall be construed as modifying the

period of eligibility for and entitlement to basic education assistance

under this chapter applicable under section 3031 of this title.

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‘‘(C) The provisions of subsection (c) shall apply to individuals

making elections under this subsection in the same manner as they

applied to individuals making elections under subsection (a)(5).

‘‘(4) With respect to qualified individuals referred to in paragraph (3)(A)(ii), no amount of educational assistance allowance

under this chapter shall be paid to the qualified individual until

the earlier of the date on which—

‘‘(A) the Secretary concerned collects the applicable amount

under subparagraph (I) of such paragraph, or

‘‘(B) the retired or retainer pay of the qualified individual

is first reduced under subparagraph (II) of such paragraph.

‘‘(5) The Secretary, in conjunction with the Secretary of Defense,

shall provide for notice to participants in the educational benefits

program under chapter 32 of this title of the opportunity under this

section to elect to become entitled to basic educational assistance

under this chapter.’’.

(b) CONFORMING AMENDMENT.—Section 3018C(b) of such title

is amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a)

or (e)’’.

SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFFDUTY TRAINING AND EDUCATION.

(a) AUTHORITY TO PAY ALL CHARGES.—Section 2007 of title 10,

United States Code, is amended—

(1) by striking subsections (a) and (b) and inserting the following new subsections:

‘‘(a) Subject to subsection (b), the Secretary of a military department may pay all or a portion of the charges of an educational institution for the tuition or expenses of a member of the armed forces

enrolled in such educational institution for education or training

during the member’s off-duty periods.

‘‘(b) In the case of a commissioned officer on active duty, the

Secretary of the military department concerned may not pay charges

under subsection (a) unless the officer agrees to remain on active

duty for a period of at least two years after the completion of the

training or education for which the charges are paid.’’; and

(2) in subsection (d)—

(A) by striking ‘‘(within the limits set forth in subsection (a))’’ in the matter preceding paragraph (1); and

(B) in paragraph (3), by striking ‘‘subsection (a)(3)’’

and inserting ‘‘subsection (b)’’.

(b) USE OF ENTITLEMENT TO ASSISTANCE UNDER MONTGOMERY

GI BILL FOR PAYMENT OF CHARGES.—(1) That section is further

amended by adding at the end the following new subsection:

‘‘(e)(1) A member of the armed forces who is entitled to basic

educational assistance under chapter 30 of title 38 may use such entitlement for purposes of paying any portion of the charges described

in subsection (a) or (c) that are not paid for by the Secretary of the

military department concerned under such subsection.

‘‘(2) The use of entitlement under paragraph (1) shall be governed by the provisions of section 3014(b) of title 38.’’.

(2) Section 3014 of title 38, United States Code, is amended—

(A) by inserting ‘‘(a)’’ before ‘‘The Secretary’’; and

(B) by adding at the end the following new subsection:

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‘‘(b)(1) In the case of an individual entitled to basic educational

assistance who is pursuing education or training described in subsection (a) or (c) of section 2007 of title 10, the Secretary shall, at

the election of the individual, pay the individual a basic educational

assistance allowance to meet all or a portion of the charges of the

educational institution for the education or training that are not

paid by the Secretary of the military department concerned under

such subsection.

‘‘(2)(A) The amount of the basic educational assistance allowance payable to an individual under this subsection for a month

shall be the amount of the basic educational assistance allowance

to which the individual would be entitled for the month under section 3015 of this title (without regard to subsection (g) of that section) were payment made under that section instead of under this

subsection.

‘‘(B) The maximum number of months for which an individual

may be paid a basic educational assistance allowance under paragraph (1) is 36.’’.

(3) Section 3015 of title 38, United States Code, is amended—

(A) by striking ‘‘subsection (g)’’ each place it appears in subsections (a) and (b);

(B) by redesignating subsection (g) as subsection (h); and

(C) by inserting after subsection (f) the following new subsection (g):

‘‘(g) In the case of an individual who has been paid a basic educational assistance allowance under section 3014(b) of this title, the

rate of the basic educational assistance allowance applicable to the

individual under this section shall be the rate otherwise applicable

to the individual under this section reduced by an amount equal

to—

‘‘(1) the aggregate amount of such allowances paid the individual under such section 3014(b); divided by

‘‘(2) 36.’’.

Subtitle B—Veterans Claims Assistance

SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS

DUTY TO ASSIST.

(a) IN GENERAL.—Section 5107 of title 38, United States Code,

is amended to read as follows:

‘‘§ 5107 Assistance to claimants; benefit of the doubt; burden

of proof

‘‘(a) The Secretary shall assist a claimant in developing all

facts pertinent to a claim for benefits under this title. Such assistance shall include requesting information as described in section

5106 of this title. The Secretary shall provide a medical examination when such examination may substantiate entitlement to the

benefits sought. The Secretary may decide a claim without providing assistance under this subsection when no reasonable possibility exists that such assistance will aid in the establishment of entitlement.

‘‘(b) The Secretary shall consider all evidence and material of

record in a case before the Department with respect to benefits

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under laws administered by the Secretary and shall give the claimant the benefit of the doubt when there is an approximate balance

of positive and negative evidence regarding any issue material to the

determination of the matter.

‘‘(c) Except when otherwise provided by this title or by the Secretary in accordance with the provisions of this title, a person who

submits a claim for benefits under a law administered by the Secretary shall have the burden of proof.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 51 of that title is amended by striking the item relating to section 5017 and inserting the following new item:

‘‘5107 Assistance to claimants; benefit of the doubt; burden of proof.’’.

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.

SEC. 1701. FIREFIGHTER ASSISTANCE.

(a) IN GENERAL.—The Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end

the following new section:

‘‘SEC. 33. FIREFIGHTER ASSISTANCE.

‘‘(a) DEFINITION OF FIREFIGHTING PERSONNEL.—In this section,

the term ‘firefighting personnel’ means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency

medical service personnel of fire departments.

‘‘(b) ASSISTANCE PROGRAM.—

‘‘(1) AUTHORITY.—In accordance with this section, the Director may—

‘‘(A) make grants on a competitive basis directly to fire

departments of a State, in consultation with the chief executive of the State, for the purpose of protecting the health

and safety of the public and firefighting personnel against

fire and fire-related hazards; and

‘‘(B) provide assistance for fire prevention programs in

accordance with paragraph (4).

‘‘(2) OFFICE FOR ADMINISTRATION OF ASSISTANCE.—

‘‘(A) ESTABLISHMENT.—Before providing assistance

under paragraph (1), the Director shall establish an office

in the Federal Emergency Management Agency to administer the assistance under this section.

‘‘(B) INCLUDED DUTIES.—The duties of the office shall

include the following:

‘‘(i) RECIPIENT SELECTION CRITERIA.—To establish

specific criteria for the selection of recipients of the assistance under this section.

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‘‘(ii) GRANT-WRITING ASSISTANCE.—To provide

grant-writing assistance to applicants.

‘‘(3) USE OF FIRE DEPARTMENT GRANT FUNDS.—The Director

may make a grant under paragraph (1)(A) only if the applicant

for the grant agrees to use the grant funds—

‘‘(A) to hire additional firefighting personnel;

‘‘(B) to train firefighting personnel in firefighting,

emergency response, arson prevention and detection, or the

handling of hazardous materials, or to train firefighting

personnel to provide any of the training described in this

subparagraph;

‘‘(C) to fund the creation of rapid intervention teams to

protect firefighting personnel at the scenes of fires and

other emergencies;

‘‘(D) to certify fire inspectors;

‘‘(E) to establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel

can carry out their duties;

‘‘(F) to fund emergency medical services provided by

fire departments;

‘‘(G) to acquire additional firefighting vehicles, including fire trucks;

‘‘(H) to acquire additional firefighting equipment, including equipment for communications and monitoring;

‘‘(I) to acquire personal protective equipment required

for firefighting personnel by the Occupational Safety and

Health Administration, and other personal protective

equipment for firefighting personnel;

‘‘(J) to modify fire stations, fire training facilities, and

other facilities to protect the health and safety of firefighting personnel;

‘‘(K) to enforce fire codes;

‘‘(L) to fund fire prevention programs;

‘‘(M) to educate the public about arson prevention and

detection; or

‘‘(N) to provide incentives for the recruitment and retention of volunteer firefighting personnel for volunteer firefighting departments and other firefighting departments

that utilize volunteers.

‘‘(4) FIRE PREVENTION PROGRAMS.—

‘‘(A) IN GENERAL.—For each fiscal year, the Director

shall use not less than 5 percent of the funds made available under subsection (e)—

‘‘(i) to make grants to fire departments for the purpose described in paragraph (3)(L); and

‘‘(ii) to make grants to, or enter into contracts or

cooperative agreements with, national, State, local, or

community organizations that are recognized for their

experience and expertise with respect to fire prevention

or fire safety programs and activities, for the purpose

of carrying out fire prevention programs.

‘‘(B) PRIORITY.—In selecting organizations described in

subparagraph (A)(ii) to receive assistance under this paraVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00408 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.136 pfrm03 PsN: HR945
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graph, the Director shall give priority to organizations that

focus on prevention of injuries to children from fire.

‘‘(5) APPLICATION.—The Director may provide assistance to

a fire department or organization under this subsection only if

the fire department or organization seeking the assistance submits to the Director an application that meets the following requirements:

‘‘(A) FORM.—The application shall be in such form as

the Director may require.

‘‘(B) INFORMATION.—The application shall include the

following information:

‘‘(i) FINANCIAL NEED.—Information that demonstrates the financial need of the applicant for the assistance for which applied.

‘‘(ii) COST-BENEFIT ANALYSIS.—An analysis of the

costs and benefits, with respect to public safety, of the

use of the assistance.

‘‘(iii) REPORTING SYSTEMS DATA.—An agreement to

provide information to the national fire incident reporting system for the period covered by the assistance.

‘‘(iv) OTHER INFORMATION.—Any other information

that the Director may require.

‘‘(6) MATCHING REQUIREMENT.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Director may provide assistance under this subsection only

if the applicant for the assistance agrees to match with an

equal amount of non-Federal funds 30 percent of the assistance received under this subsection for any fiscal year.

‘‘(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZATIONS.—In the case of an applicant whose personnel serve

jurisdictions of 50,000 or fewer residents, the percent applied under the matching requirement of subparagraph (A)

shall be 10 percent.

‘‘(7) MAINTENANCE OF EXPENDITURES—The Director may

provide assistance under this subsection only if the applicant

for the assistance agrees to maintain in the fiscal year for

which the assistance will be received the applicant’s aggregate

expenditures for the uses described in paragraph (3) or (4) at

or above the average level of such expenditures in the two fiscal

years preceding the fiscal year for which the assistance will be

received.

‘‘(8) REPORT TO THE DIRECTOR.—The Director may provide

assistance under this subsection only if the applicant for the assistance agrees to submit to the Director a report, including a

description of how the assistance was used, with respect to each

fiscal year for which the assistance was received.

‘‘(9) VARIETY OF FIRE DEPARTMENT GRANT RECIPIENTS.—

The Director shall ensure that grants under paragraph (1)(A)

for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants—

‘‘(A) paid, volunteer, and combination fire departments;

‘‘(B) fire departments located in communities of varying

sizes; and

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‘‘(C) fire departments located in urban, suburban, and

rural communities.

‘‘(10) GRANT LIMITATIONS.— ‘‘(A) RECIPIENT LIMITATION.—A grant recipient under this section may not receive more than $750,000 under this

section for any fiscal year.

‘‘(B) LIMITATION ON EXPENDITURES FOR FIREFIGHTING

VEHICLES.—Not more than 25 percent of the funds appropriated to provide grants under this section for a fiscal year

may be used to assist grant recipients to purchase vehicles,

as authorized by paragraph (3)(G).

‘‘(11) RESERVATION OF GRANT FUNDS FOR VOLUNTEER DE- PARTMENTS.—In making grants to firefighting departments, the

Director shall ensure that those firefighting departments that

have either all-volunteer forces of firefighting personnel or combined forces of volunteer and professional firefighting personnel

receive a proportion of the total grant funding that is not less

than the proportion of the United States population that those

firefighting departments protect.

‘‘(c) AUDITS.—A recipient of a grant under this section shall be

subject to audits to ensure that the grant proceeds are expended for

the intended purposes and that the grant recipient complies with the

requirements of paragraphs (6) and (7) of subsection (b).

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

the District of Columbia and the Commonwealth of Puerto Rico.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for the purposes of this section amounts as follows:

‘‘(1) $100,000,000 for fiscal year 2001.

‘‘(2) $300,000,000 for fiscal year 2002.’’.

(b) STUDY ON NEED FOR FEDERAL ASSISTANCE TO STATE AND

LOCAL COMMUNITIES TO FUND FIREFIGHTING AND EMERGENCY RE- SPONSE ACTIVITIES.— (1) REQUIREMENT FOR STUDY.—The Director of the Federal

Emergency Management Agency shall conduct a study in conjunction with the National Fire Protection Association to—

(A) define the current role and activities associated

with the fire services;

(B) determine the adequacy of current levels of funding;

and

(C) provide a needs assessment to identify shortfalls.

(2) TIME FOR COMPLETION OF STUDY; REPORT.—The Director shall complete the study under paragraph (1), and submit

a report on the results of the study to Congress, within 18

months after the date of the enactment of this Act.

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Federal Emergency Management

Agency $300,000 for fiscal year 2001 to carry out the study required by paragraph (1).

SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM.

(a) IN GENERAL.—There are authorized to be appropriated to

the Secretary of Agriculture for carrying out paragraphs (1) through

(3) of section 10(b) of the Cooperative Forestry Assistance Act of

1978 (16 U.S.C. 2106(b)(1)-(3)) amounts as follows:

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(1) $10,000,000 for fiscal year 2001.

(2) $20,000,000 for fiscal year 2002.

(b) REPORT.—

(1) IN GENERAL.—The Secretary of Agriculture shall submit

a report to Congress on the results of the assistance provided

under the provisions of law for which funds are authorized for

appropriations under subsection (a).

(2) CONTENT.—The report shall contain the following:

(A) A list of the organizations that received funds authorized for appropriations under subsection (a) and the

purpose for which those organizations were provided the

funds.

(B) Efforts taken to ensure that potential recipients are

provided with information necessary to develop an effective

application.

(C) The Secretary’s assessment regarding the appropriate level of funding that should be provided annually

through the assistance program.

(D) The Secretary’s assessment regarding the appropriate purposes for such assistance.

(E) Any other information the Secretary determines

necessary.

(3) SUBMISSION DATE.—The report shall be submitted not

later than February 1, 2002.

SEC. 1703. BURN RESEARCH.

(a) OFFICE.—The Director of the Federal Emergency Management Agency shall establish an office in the Agency to establish specific criteria of grant recipients and to administer grants under this

section.

(b) SAFETY ORGANIZATION GRANTS.—The Director may make

grants, on a competitive basis, to safety organizations that have experience in conducting burn safety programs for the purpose of assisting those organizations in conducting burn prevention programs

or augmenting existing burn prevention programs.

(c) HOSPITAL GRANTS.—The Director may make grants, on a

competitive basis, to hospitals that serve as regional burn centers to

conduct acute burn care research.

(d) OTHER GRANTS.—The Director may make grants, on a competitive basis, to governmental and nongovernmental entities to provide after-burn treatment and counseling to individuals that are

burn victims.

(e) REPORT.—

(1) IN GENERAL.—The Director of the Federal Emergency

Management Agency shall submit a report to the Committee on

Commerce, Science, and Transportation of the Senate and the

Committee on Transportation and Infrastructure of the House

of Representatives on the results of the grants provided under

this section.

(2) CONTENT.—The report shall contain the following:

(A) A list of the organizations, hospitals, or other entities to which the grants were provided and the purpose for

which those entities were provided grants.

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(B) Efforts taken to ensure that potential grant applicants are provided with information necessary to develop

an effective application.

(C) The Director’s assessment regarding the appropriate level of funding that should be provided annually

through the grant program.

(D) The Director’s assessment regarding the appropriate purposes for such grants.

(E) Any other information the Director determines necessary.

(3) SUBMISSION DATE.—The report shall be submitted not

later than February 1, 2002.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for the purposes of this section amounts as follows:

(1) $10,000,000 for fiscal year 2001.

(2) $20,000,000 for fiscal year 2002.

SEC. 1704. STUDY AND DEMONSTRATION PROJECTS REGARDING

CASES OF HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES.

(a) STUDY REGARDING PREVALENCE AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES.—

(1) IN GENERAL.—The Secretary of Health and Human

Services (referred to in this section as the ‘‘Secretary’’), in consultation with the Secretary of Labor, shall conduct a study to

determine—

(A) an estimate of the prevalence of hepatitis C among

designated emergency response employees in the United

States; and

(B) the likely means through which such employees become infected with such disease in the course of performing

their duties as such employees.

(2) DESIGNATED EMERGENCY RESPONSE EMPLOYEES.—For

purposes of this section, the term ‘‘designated emergency response employees’’ means firefighters, paramedics, and emergency medical technicians who are employees or volunteers of

units of local government.

(3) DATE CERTAIN FOR COMPLETION; REPORT TO CONGRESS.—The Secretary shall commence the study under paragraph (1) not later than 90 days after the date of the enactment

of this Act. Not later that one year after such date, the Secretary

shall complete the study and submit to the Congress a report

describing the findings of the study.

(b) DEMONSTRATION PROJECTS REGARDING TRAINING AND

TREATMENT.—

(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of Labor, shall make grants to qualifying local governments for the purpose of carrying out demonstration projects

that (directly or through arrangements with nonprofit private

entities) carry out each of the following activities:

(A) Training designated emergency response employees

in minimizing the risk of infection with hepatitis C in performing their duties as such employees.

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(B) Testing such employees for infection with the disease.

(C) Treating the employees for the disease.

(2) QUALIFYING LOCAL GOVERNMENTS.—For purposes of this

section, the term ‘‘qualifying local government’’ means a unit of

local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less

than 200 percent of the national average for the prevalence of

such disease in such populations.

(3) CONFIDENTIALITY.—A grant may be made under paragraph (1) only if the qualifying local government involved

agrees to ensure that information regarding the testing or treatment of designated emergency response employees pursuant to

the grant is maintained confidentially in a manner not inconsistent with applicable law.

(4) EVALUATIONS.—The Secretary shall provide for an evaluation of each demonstration project under paragraph (1) in

order to determine the extent to which the project has been effective in carry out the activities described in such paragraph.

(5) REPORT TO CONGRESS.—Not later than 180 days after

the date on which all grants under paragraph (1) have been expended, the Secretary shall submit to Congress a report

providing—

(A) a summary of evaluations under paragraph (4);

and

(B) the recommendations of the Secretary for administrative or legislative initiatives regarding the activities described in paragraph (1).

(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there is authorized to be appropriated to

the Department of Health and Human Services and the Department

of Labor $10,000,000 for fiscal year 2001.

SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING.

(a) STUDY REQUIRED.—The Secretary of Defense, in consultation with the Attorney General and the Secretary of Commerce,

shall provide for the conduct of an engineering study to identify—

(1) any portion of the 138–144 megahertz band that the Department of Defense can share in various geographic regions

with public safety radio services;

(2) any measures required to prevent harmful interference

between Department of Defense systems and the public safety

systems proposed for operation on those frequencies; and

(3) a reasonable schedule for implementation of such sharing of frequencies.

(b) SUBMISSION OF INTERIM REPORT.—Within one year after the

date of enactment of this Act, the Secretary of Defense shall submit

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an interim

report on the progress of the study conducted pursuant to subsection

(a).

(c) REPORT.—Not later than January 1, 2002, the Secretary of

Commerce and the Chairman of the Federal Communications Commission shall jointly submit a report to Congress on alternative frequencies available for use by public safety systems.

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SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROPERTY TO ASSIST FIREFIGHTING AGENCIES.

(a) TRANSFER AUTHORIZED.—Chapter 153 of title 10, United

States Code, is amended by inserting after section 2576a the following new section:

‘‘§ 2576b. Excess personal property: sale or donation to assist

firefighting agencies

‘‘(a) TRANSFER AUTHORIZED.—Subject to subsection (b), the Secretary of Defense may transfer to a firefighting agency in a State

any personal property of the Department of Defense that the Secretary determines is—

‘‘(1) excess to the needs of the Department of Defense; and

‘‘(2) suitable for use in providing fire and emergency medical services, including personal protective equipment and

equipment for communication and monitoring.

‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of Defense may

transfer personal property under this section only if—

‘‘(1) the property is drawn from existing stocks of the Department of Defense;

‘‘(2) the recipient firefighting agency accepts the property on

an as-is, where-is basis;

‘‘(3) the transfer is made without the expenditure of any

funds available to the Department of Defense for the procurement of defense equipment; and

‘‘(4) all costs incurred subsequent to the transfer of the

property are borne or reimbursed by the recipient.

‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), the Secretary

may transfer personal property under this section without charge to

the recipient firefighting agency.

‘‘(d) DEFINITIONS.—In this section:

‘‘(1) STATE.—The term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth

of the Northern Mariana Islands, and any territory or possession of the United States.

‘‘(2) FIREFIGHTING AGENCY.—The term ‘firefighting agency’

means any volunteer, paid, or combined departments that provide fire and emergency medical services.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2576a the following new item:

‘‘2576b. Excess personal property: sale or donation to assist firefighting agencies.’’.

SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE

FOR USE, OR CONVERSION FOR USE, IN PROVIDING FIRE

AND EMERGENCY MEDICAL SERVICES.

(a) APPOINTMENT OF TASK FORCE; PURPOSE.—The Secretary of

Defense shall appoint a task force consisting of representatives from

the Department of Defense and each of the seven major fire organizations identified in subsection (b) to identify defense technologies

and equipment that—

(1) can be readily put to civilian use by fire service and the

emergency response agencies; and

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(2) can be transferred to these agencies using the authority

provided by section 2576b of title 10, United States Code, as

added by section 1706 of this Act.

(b) PARTICIPATING MAJOR FIRE ORGANIZATIONS.—Members of

the task force shall be appointed from each of the following:

(1) The International Association of Fire Chiefs.

(2) The International Association of Fire Fighters.

(3) The National Volunteer Fire Council.

(4) The International Association of Arson Investigators.

(5) The International Society of Fire Service Instructors.

(6) The National Association of State Fire Marshals.

(7) The National Fire Protection Association.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of Defense for activities of the

task force $1,000,000 for fiscal year 2001.

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.

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.

SEC. 1801. SHORT TITLE.

This title may be cited as the ‘‘Impact Aid Reauthorization Act

of 2000’’.

SEC. 1802. PURPOSE.

Section 8001 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7701) is amended—

(1) in the matter preceding paragraph (1)—

(A) by inserting after ‘‘educational services to federally

connected children’’ the following: ‘‘in a manner that promotes control by local educational agencies with little or no

Federal or State involvement’’; and

(B) by inserting after ‘‘certain activities of the Federal

Government’’ the following: ‘‘, such as activities to fulfill the

responsibilities of the Federal Government with respect to

Indian tribes and activities under section 514 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. App.

574),’’;

(2) in paragraph (4), by adding ‘‘or’’ at the end;

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(3) by striking paragraph (5);

(4) by redesignating paragraph (6) as paragraph (5); and

(5) in paragraph (5) (as redesignated), by inserting before

the period at the end the following: ‘‘and because of the difficulty of raising local revenue through bond referendums for

capital projects due to the inability to tax Federal property’’.

SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

(a) FISCAL YEAR REQUIREMENT.—Section 8002(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(a))

is amended in the matter preceding paragraph (1) by striking

‘‘1999’’ and inserting ‘‘2003’’.

(b) AMOUNT.— (1) PROHIBITION ON REDUCTION IN AMOUNT OF PAYMENT.— Section 8002(b)(1)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(A)(i)) is amended—

(A) by striking ‘‘(i) The amount’’ and inserting ‘‘(i)(I)

Subject to subclauses (II) and (III), the amount’’;

(B) by striking ‘‘, except that’’ and all that follows

through ‘‘Federal property’’; and

(C) by adding at the end the following:

‘‘(II) Except as provided in subclause (III), the Secretary

may not reduce the amount of a payment under this section to

a local educational agency for a fiscal year by (aa) the amount

equal to the amount of revenue, if any, the agency received during the previous fiscal year from activities conducted on Federal

property eligible under this section and located in a school district served by the agency, including amounts received from any

Federal department or agency (other than the Department of

Education) from such activities, by reason of receipt of such revenue, or (bb) any other amount by reason of receipt of such revenue.

‘‘(III) If the amount equal to the sum of (aa) the proposed

payment under this section to a local educational agency for a

fiscal year and (bb) the amount of revenue described in subclause (II)(aa) received by the agency during the previous fiscal

year, exceeds the maximum amount the agency is eligible to receive under this section for the fiscal year involved, then the

Secretary shall reduce the amount of the proposed payment

under this section by an amount equal to such excess amount.’’.

(2) INSUFFICIENT FUNDS.—Section 8002(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7702(b)(1)(B)) is amended by striking ‘‘shall ratably reduce the

payment to each eligible local educational agency’’ and inserting ‘‘shall calculate the payment for each eligible local educational agency in accordance with subsection (h)’’.

(3) MAXIMUM AMOUNT.—Section 8002(b)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7702(b)(1)(C)) is amended by adding at the end before the period the following: ‘‘, or the maximum amount that such agency

is eligible to receive for such fiscal year under this section,

whichever is greater’’.

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mentary and Secondary Education Act of 1965 (20 U.S.C. 7702(h))

is amended to read as follows:

‘‘(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—For any fiscal year for

which the amount appropriated under section 8014(a) is insufficient

to pay to each eligible local educational agency the full amount determined under subsection (b), the Secretary shall make payments

to each local educational agency under this section as follows:

‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—

‘‘(A) IN GENERAL.—The Secretary shall first make a

foundation payment to each local educational agency that

is eligible to receive a payment under this section for the

fiscal year involved and was eligible to receive a payment

under section 2 of the Act of September 30, 1950 (Public

Law 874, 81st Congress) (as such section was in effect on

the day preceding the date of the enactment of the Improving America’s Schools Act of 1994) for any of the fiscal

years 1989 through 1994.

‘‘(B) AMOUNT.—The amount of a payment under subparagraph (A) for a local educational agency shall be equal

to 38 percent of the local educational agency’s maximum

entitlement amount under section 2 of the Act of September

30, 1950, for fiscal year 1994 (or if the local educational

agency was not eligible to receive a payment under such

section 2 for fiscal year 1994, the local educational agency’s

maximum entitlement amount under such section 2 for the

most recent fiscal year preceding 1994).

‘‘(C) INSUFFICIENT APPROPRIATIONS.—If the amount appropriated under section 8014(a) is insufficient to pay the

full amount determined under this paragraph for all eligible local educational agencies for the fiscal year, then the

Secretary shall ratably reduce the payment to each local

educational agency under this paragraph.

‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—

‘‘(A) IN GENERAL.—From any amounts remaining after

making payments under paragraph (1) for the fiscal year

involved, the Secretary shall make a payment to each eligible local educational agency that received a payment under

this section for fiscal year 1995.

‘‘(B) AMOUNT.—The amount of a payment under subparagraph (A) for a local educational agency shall be determined as follows:

‘‘(i) Calculate the difference between the amount

appropriated to carry out this section for fiscal year

1995 and the total amount of foundation payments

made under paragraph (1) for the fiscal year.

‘‘(ii) Determine the percentage share for each local

educational agency that received a payment under this

section for fiscal year 1995 by dividing the assessed

value of the Federal property of the local educational

agency for fiscal year 1995 determined in accordance

with subsection (b)(3), by the total eligible national assessed value of the eligible Federal property of all such

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local educational agencies for fiscal year 1995, as so

determined.

‘‘(iii) Multiply the percentage share described in

clause (ii) for the local educational agency by the

amount determined under clause (i).

‘‘(3) SUBSECTION (i) RECIPIENTS.—From any funds remaining after making payments under paragraphs (1) and (2) for

the fiscal year involved, the Secretary shall make payments in

accordance with subsection (i).

‘‘(4) REMAINING FUNDS.—From any funds remaining after

making payments under paragraphs (1), (2), and (3) for the fiscal year involved—

‘‘(A) the Secretary shall make a payment to each local

educational agency that received a foundation payment

under paragraph (1) for the fiscal year involved in an

amount that bears the same relation to 25 percent of the remainder as the amount the local educational agency received under paragraph (1) for the fiscal year involved

bears to the amount all local educational agencies received

under paragraph (1) for the fiscal year involved; and

‘‘(B) the Secretary shall make a payment to each local

educational agency that is eligible to receive a payment

under this section for the fiscal year involved in an amount

that bears the same relation to 75 percent of the remainder

as a percentage share determined for the local educational

agency (in the same manner as percentage shares are determined for local educational agencies under paragraph

(2)(B)(ii)) bears to the percentage share determined (in the

same manner) for all local educational agencies eligible to

receive a payment under this section for the fiscal year involved, except that for the purpose of calculating a local

educational agency’s assessed value of the Federal property,

data from the most current fiscal year shall be used.’’.

(d) SPECIAL PAYMENTS.—

(1) IN GENERAL.—Section 8002(i)(1) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7702(i)(1)) is

amended to read as follows:

‘‘(1) IN GENERAL.—For any fiscal year beginning with fiscal

year 2000 for which the amount appropriated to carry out this

section exceeds the amount so appropriated for fiscal year 1996

and for which subsection (b)(1)(B) applies, the Secretary shall

use the remainder described in subsection (h)(3) for the fiscal

year involved (not to exceed the amount equal to the difference

between (A) the amount appropriated to carry out this section

for fiscal year 1997 and (B) the amount appropriated to carry

out this section for fiscal year 1996) to increase the payment

that would otherwise be made under this section to not more

than 50 percent of the maximum amount determined under

subsection (b) for any local educational agency described in

paragraph (2).’’.

(2) CONFORMING AMENDMENT.—The heading of section

8002(i) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 7702(i)) is amended by striking ‘‘PRIORITY’’ and inserting SPECIAL’’.

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(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8002(j)(2) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 7702(j)(2)) is amended—

(1) by striking ‘‘(A) A local educational agency’’ and inserting ‘‘A local educational agency’’;

(2) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively; and

(3) in subparagraph (C) (as redesignated), by adding at the

end before the semicolon the following: ‘‘and, at the time at

which the agency is applying for a payment under this subsection, the agency does not have a military installation located

within its geographic boundaries’’.

(f) PRIOR YEAR DATA.—Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at the end the following:

‘‘(l) PRIOR YEAR DATA.—Notwithstanding any other provision of

this section, in determining the eligibility of a local educational

agency for a payment under subsection (b) or (h)(4)(B) of this section

for a fiscal year, and in calculating the amount of such payment,

the Secretary—

‘‘(1) shall use data from the prior fiscal year with respect

to the Federal property involved, including data with respect to

the assessed value of the property and the real property tax rate

for current expenditures levied against or imputed to the property; and

‘‘(2) shall use data from the second prior fiscal year with

respect to determining the amount of revenue referred to in subsection (b)(1)(A)(i).’’.

(g) ELIGIBILITY.—Section 8002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702), as amended by this

section, is further amended by adding at the end the following:

‘‘(m) ELIGIBILITY.—

‘‘(1) OLD FEDERAL PROPERTY.—Except as provided in paragraph (2), a local educational agency that is eligible to receive

a payment under this section for Federal property acquired by

the Federal Government before the date of enactment of the Impact Aid Reauthorization Act of 2000 shall be eligible to receive

the payment only if the local educational agency submits an application for a payment under this section not later than 5 years

after the date of the enactment of such Act.

‘‘(2) COMBINED FEDERAL PROPERTY.—A local educational

agency that is eligible to receive a payment under this section

for Federal property acquired by the Federal Government before

the date of enactment of the Impact Aid Reauthorization Act of

2000 shall be eligible to receive the payment if—

‘‘(A) the Federal property, when combined with other

Federal property in the school district served by the local

educational agency acquired by the Federal Government

after the date of the enactment of such Act, meets the requirements of subsection (a); and

‘‘(B) the local educational agency submits an application for a payment under this section not later than 5 years

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after the date of acquisition of the Federal property acquired after the date of the enactment of such Act.

‘‘(3) NEW FEDERAL PROPERTY.—A local educational agency

that is eligible to receive a payment under this section for Federal property acquired by the Federal Government after the date

of enactment of the Impact Aid Reauthorization Act of 2000

shall be eligible to receive the payment only if the local educational agency submits an application for a payment under

this section not later than 5 years after the date of acquisition.’’.

SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) GENERAL AMENDMENTS.—Section 8003 of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7703) is

amended—

(1) in subsection (a)(2)—

(A) by redesignating subparagraph (E) as subparagraph (F);

(B) in subparagraph (D), by striking ‘‘subparagraphs

(D) and (E) of paragraph (1) by a factor of .10’’ and inserting ‘‘subparagraph (D) of paragraph (1) by a factor of .20’’;

and

(C) by inserting after subparagraph (D) the following:

‘‘(E) Multiply the number of children described in subparagraph (E) of paragraph (1) by a factor of .10.’’;

(2) in subsection (b)(1), by adding at the end the following:

‘‘(D) DATA.—If satisfactory data from the third preceding fiscal year are not available for any of the expenditures described in clause (i) or (ii) of subparagraph (C), the

Secretary shall use data from the most recent fiscal year for

which data that are satisfactory to the Secretary are available.

‘‘(E) SPECIAL RULE.—For purposes of determining the

comparable local contribution rate under subparagraph

(C)(iii) for a local educational agency described in section

222.39(c)(3) of title 34, Code of Federal Regulations, that

had its comparable local contribution rate for fiscal year

1998 calculated pursuant to section 222.39 of title 34, Code

of Federal Regulations, the Secretary shall determine such

comparable local contribution rate as the rate upon which

payments under this subsection for fiscal year 2000 were

made to the local educational agency adjusted by the percentage increase or decrease in the per pupil expenditure in

the State serving the local educational agency calculated on

the basis of the second most recent preceding school year

compared to the third most recent preceding school year for

which school year data are available.’’; and

(3) by amending subsection (e) to read as follows:

‘‘(e) HOLD HARMLESS.—

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), the

total amount the Secretary shall pay a local educational agency

under subsection (b)—

‘‘(A) for fiscal year 2001 shall not be less than 85 percent of the total amount that the local educational agency

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received under subsections (b) and (f) for fiscal year 2000;

and

‘‘(B) for fiscal year 2002 shall not be less than 70 percent of the total amount that the local educational agency

received under subsections (b) and (f) for fiscal year 2000.

‘‘(2) MAXIMUM AMOUNT.—The total amount provided to a

local educational agency under subparagraph (A) or (B) of

paragraph (1) for a fiscal year shall not exceed the maximum

basic support payment amount for such agency determined

under paragraph (1) or (2) of subsection (b), as the case may

be.

‘‘(3) RATABLE REDUCTIONS.—

‘‘(A) IN GENERAL.—If the sums made available under

this title for any fiscal year are insufficient to pay the full

amounts that all local educational agencies in all States

are eligible to receive under paragraph (1) for such year,

then the Secretary shall ratably reduce the payments to all

such agencies for such year.

‘‘(B) ADDITIONAL FUNDS.—If additional funds become

available for making payments under paragraph (1) for

such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such

payments were reduced.’’.

(b) MILITARY INSTALLATION AND INDIAN HOUSING UNDERGOING

RENOVATION OR REBUILDING.—

(1) IN GENERAL.—Section 8003(a)(4) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is

amended—

(A) in the heading—

(i) by inserting ‘‘AND INDIAN’’ after ‘‘MILITARY INSTALLATION’’; and

(ii) by inserting ‘‘OR REBUILDING’’ after ‘‘RENOVATION’’;

(B) by striking ‘‘For purposes’’ and inserting the following:

‘‘(A) IN GENERAL.—(i) For purposes’’;

(C) in subparagraph (A)(i) (as designated by subparagraph (B)), by inserting ‘‘or rebuilding’’ after ‘‘undergoing

renovation’’; and

(D) by adding at the end the following:

‘‘(ii) For purposes of computing the amount of a payment for a local educational agency that received a payment for children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to the

fiscal year for which the local educational agency is making an application, the Secretary shall consider such children to be children described in paragraph (1)(C) if the

Secretary determines, on the basis of a certification provided to the Secretary by a designated representative of the

Secretary of the Interior or the Secretary of Housing and

Urban Development, that such children would have resided

in housing on Indian lands in accordance with paragraph

(1)(C) except that such housing was undergoing renovation

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or rebuilding on the date for which the Secretary determines the number of children under paragraph (1).

‘‘(B) LIMITATIONS.—(i)(I) Children described in paragraph (1)(D)(i) may be deemed to be children described in

paragraph (1)(B) with respect to housing on Federal property undergoing renovation or rebuilding in accordance

with subparagraph (A)(i) for a period not to exceed 3 fiscal

years.

‘‘(II) The number of children described in paragraph

(1)(D)(i) who are deemed to be children described in paragraph (1)(B) with respect to housing on Federal property

undergoing renovation or rebuilding in accordance with

subparagraph (A)(i) for any fiscal year may not exceed the

maximum number of children who are expected to occupy

that housing upon completion of the renovation or rebuilding.

‘‘(ii)(I) Children that resided on Indian lands in accordance with paragraph (1)(C) for the fiscal year prior to

the fiscal year for which the local educational agency is

making an application may be deemed to be children described in paragraph (1)(C) with respect to housing on Indian lands undergoing renovation or rebuilding in accordance with subparagraph (A)(ii) for a period not to exceed 3

fiscal years.

‘‘(II) The number of children that resided on Indian

lands in accordance with paragraph (1)(C) for the fiscal

year prior to the fiscal year for which the local educational

agency is making an application who are deemed to be children described in paragraph (1)(C) with respect to housing

on Indian lands undergoing renovation or rebuilding in accordance with subparagraph (A)(ii) for any fiscal year may

not exceed the maximum number of children who are expected to occupy that housing upon completion of the renovation or rebuilding.’’.

(2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply with respect to payments to a local educational agency for fiscal years beginning before, on, or after the

date of the enactment of this Act.

(c) MILITARY ‘‘BUILD TO LEASE’’ PROGRAM HOUSING.—Section

8003(a) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7703(a)) is amended by adding at the end the following:

‘‘(5) MILITARY ‘BUILD TO LEASE’ PROGRAM HOUSING.—

‘‘(A) IN GENERAL.—For purposes of computing the

amount of payment for a local educational agency for children identified under paragraph (1), the Secretary shall

consider children residing in housing initially acquired or

constructed under the former section 2828(g) of title 10,

United States Code (commonly known as the ‘Build to

Lease’ program), as added by section 801 of the Military

Construction Authorization Act, 1984, to be children described under paragraph (1)(B) if the property described is

within the fenced security perimeter of the military facility

upon which such housing is situated.

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‘‘(B) ADDITIONAL REQUIREMENTS.—If the property described in subparagraph (A) is not owned by the Federal

Government, is subject to taxation by a State or political

subdivision of a State, and thereby generates revenues for

a local educational agency that is applying to receive a payment under this section, then the Secretary—

‘‘(i) shall require the local educational agency to

provide certification from an appropriate official of the

Department of Defense that the property is being used

to provide military housing; and

‘‘(ii) shall reduce the amount of the payment under

this section by an amount equal to the amount of revenue from such taxation received in the second preceding fiscal year by such local educational agency, unless the amount of such revenue was taken into account

by the State for such second preceding fiscal year and

already resulted in a reduction in the amount of State

aid paid to such local educational agency.’’.

SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.

Section 8003(b)(1) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7703(b)(1)), as amended by this Act, is further amended by adding at the end the following:

‘‘(F) INCREASE IN LOCAL CONTRIBUTION RATE DUE TO

UNUSUAL GEOGRAPHIC FACTORS.—If the current expenditures in those local educational agencies which the Secretary has determined to be generally comparable to the

local educational agency for which a computation is made

under subparagraph (C) are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in such agency, a

level of education equivalent to that maintained in such

other agencies, then the Secretary shall increase the local

contribution rate for such agency under subparagraph

(C)(iii) by such an amount which the Secretary determines

will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors. The amount of any such supplementary payment may

not exceed the per-pupil share (computed with regard to all

children in average daily attendance), as determined by the

Secretary, of the increased current expenditures necessitated by such unusual geographic factors.’’.

SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.

(a) IN GENERAL.—Section 8003(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively; and

(2) by inserting after paragraph (1) the following:

‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—

‘‘(A) IN GENERAL.—(i) From the amount appropriated

under section 8014(b) for a fiscal year, the Secretary is authorized to make basic support payments to eligible heavily

394

impacted local educational agencies with children described in subsection (a).

‘‘(ii) A local educational agency that receives a basic

support payment under this paragraph for a fiscal year

shall not be eligible to receive a basic support payment

under paragraph (1) for that fiscal year.

‘‘(B) ELIGIBILITY FOR CONTINUING HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—

‘‘(i) IN GENERAL.—A heavily impacted local educational agency is eligible to receive a basic support

payment under subparagraph (A) with respect to a

number of children determined under subsection (a)(1)

if the agency—

(I) received an additional assistance payment

under subsection (f) (as such subsection was in effect on the day before the date of the enactment of

the Impact Aid Reauthorization Act of 2000) for

fiscal year 2000; and

‘‘(II)(aa) is a local educational agency whose

boundaries are the same as a Federal military installation;

‘‘(bb) has an enrollment of children described

in subsection (a)(1) that constitutes a percentage of

the total student enrollment of the agency which is

not less than 35 percent, has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or

the average per-pupil expenditure of all States

(whichever average per-pupil expenditure is greater), except that a local educational agency with a

total student enrollment of less than 350 students

shall be deemed to have satisfied such per-pupil

expenditure requirement, and has a tax rate for

general fund purposes which is not less than 95

percent of the average tax rate for general fund

purposes of local educational agencies in the State;

‘‘(cc) has an enrollment of children described

in subsection (a)(1) that constitutes a percentage of

the total student enrollment of the agency which is

not less than 30 percent, and has a tax rate for

general fund purposes which is not less than 125

percent of the average tax rate for general fund

purposes for comparable local educational agencies

in the State;

‘‘(dd) has a total student enrollment of not less

than 25,000 students, of which not less than 50

percent are children described in subsection (a)(1)

and not less than 6,000 of such children are children described in subparagraphs (A) and (B) of

subsection (a)(1); or

‘‘(ee) meets the requirements of subsection (f)(2)

applying the data requirements of subsection (f)(4)

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fore the date of the enactment of the Impact Aid

Reauthorization Act of 2000).

‘‘(ii) LOSS OF ELIGIBILITY.—A heavily impacted

local educational agency that met the requirements of

clause (i) for a fiscal year shall be ineligible to receive

a basic support payment under subparagraph (A) if the

agency fails to meet the requirements of clause (i) for

a subsequent fiscal year, except that such agency shall

continue to receive a basic support payment under this

paragraph for the fiscal year for which the ineligibility

determination is made.

‘‘(iii) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i)

that becomes ineligible under such clause for 1 or more

fiscal years may resume eligibility for a basic support

payment under this paragraph for a subsequent fiscal

year only if the agency meets the requirements of clause

(i) for that subsequent fiscal year, except that such

agency shall not receive a basic support payment under

this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is

made.

‘‘(C) ELIGIBILITY FOR NEW HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.— ‘‘(i) IN GENERAL.—A heavily impacted local educational agency that did not receive an additional assistance payment under subsection (f) (as such subsection was in effect on the day before the date of the

enactment of the Impact Aid Reauthorization Act of

2000) for fiscal year 2000 is eligible to receive a basic

support payment under subparagraph (A) for fiscal

year 2002 and any subsequent fiscal year with respect

to a number of children determined under subsection

(a)(1) only if the agency is a local educational agency

whose boundaries are the same as a Federal military

installation, or the agency—

‘‘(I) has an enrollment of children described in

subsection (a)(1) that constitutes a percentage of

the total student enrollment of the agency that—

‘‘(aa) is not less than 50 percent if such

agency receives a payment on behalf of children described in subparagraphs (F) and (G)

of such subsection; or

‘‘(bb) is not less than 40 percent if such

agency does not receive a payment on behalf of

such children;

‘‘(II)(aa) for a local educational agency that

has a total student enrollment of 350 or more students, has a per-pupil expenditure that is less than

the average per-pupil expenditure of the State in

which the agency is located; or

‘‘(bb) for a local educational agency that has a

total student enrollment of less than 350 students,

has a per-pupil expenditure that is less than the

396

average per-pupil expenditure of a comparable

local educational agency in the State in which the

agency is located; and

‘‘(III) has a tax rate for general fund purposes

that is at least 95 percent of the average tax rate

for general fund purposes of comparable local educational agencies in the State.

‘‘(ii) RESUMPTION OF ELIGIBILITY.—A heavily impacted local educational agency described in clause (i)

that becomes ineligible under such clause for 1 or more

fiscal years may resume eligibility for a basic support

payment under this paragraph for a subsequent fiscal

year only if the agency is a local educational agency

whose boundaries are the same as a Federal military

installation, or meets the requirements of clause (i), for

that subsequent fiscal year, except that such agency

shall continue to receive a basic support payment

under this paragraph for the fiscal year for which the

ineligibility determination is made.

‘‘(iii) APPLICATION.—With respect to the first fiscal

year for which a heavily impacted local educational

agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect

to the first fiscal year for which a heavily impacted

local educational agency applies for a basic support

payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal

years, the agency shall apply for such payment at least

1 year prior to the start of that first fiscal year.

‘‘(D) MAXIMUM AMOUNT FOR REGULAR HEAVILY IM- PACTED LOCAL EDUCATIONAL AGENCIES.—(i) Except as provided in subparagraph (E), the maximum amount that a

heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum

of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the

greater of—

‘‘(I) four-fifths of the average per-pupil expenditure

of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year

for which the determination is made; or

‘‘(II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is

made.

‘‘(ii)(I) For a local educational agency with respect to

which 35 percent or more of the total student enrollment of

the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection

(a)(1), the Secretary shall calculate the weighted student

units of such children for purposes of subsection (a)(2) by

multiplying the number of such children by a factor of 0.55.

‘‘(II) For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1),

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the Secretary shall calculate the total number of weighted

student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75.

‘‘(III) For a local educational agency that has an enrollment of more than 100 but not more than 750 children

described in subsection (a)(1), the Secretary shall calculate

the total number of weighted student units for purposes of

subsection (a)(2) by multiplying the number of such children by a factor of 1.25.

‘‘(E) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED

LOCAL EDUCATIONAL AGENCIES.—(i)(I) Subject to clause (ii),

the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C).

‘‘(II) A heavily impacted local educational agency described in this subclause is a local educational agency that

has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 6,000 of such

children are children described in subparagraphs (A) and

(B) of subsection (a)(1).

‘‘(ii) For purposes of calculating the maximum amount

described in clause (i), the factor used in determining the

weighted student units under subsection (a)(2) with respect

to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35.

‘‘(F) DATA.—For purposes of providing assistance under

this paragraph the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding

the fiscal year for which the local educational agency is applying for assistance under this paragraph.’’.

(b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—Section 8003(b)(3) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

7703(b)(3)) (as so redesignated) is amended—

(1) in subparagraph (A), by striking ‘‘paragraph (1)’’ and

inserting ‘‘paragraphs (1) and (2)’’;

(2) in subparagraph (B)—

(A) in the heading, by inserting after ‘‘PAYMENTS’’ the

following: ‘‘IN LIEU OF PAYMENTS UNDER PARAGRAPH (1)’’;

(B) in clause (i)—

(i) in the matter preceding subclause (I), by inserting before ‘‘by multiplying’’ the following: ‘‘in lieu of

basic support payments under paragraph (1)’’; and

(ii) in subclause (II), by striking ‘‘(not including

amounts received under subsection (f))’’; and

(C) by adding at the end the following:

‘‘(iv) In the case of a local educational agency that has

a total student enrollment of fewer than 1,000 students and

that has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency

is located, the total percentage used to calculate threshold

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payments under clause (i) shall not be less than 40 percent.’’;

(3) by redesignating subparagraph (C) as subparagraph

(D);

(4) by inserting after subparagraph (B) the following:

‘‘(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN

LIEU OF PAYMENTS UNDER PARAGRAPH (2).—For fiscal years

described in subparagraph (A), the learning opportunity

threshold payment in lieu of basic support payments under

paragraph (2) shall be equal to the amount obtained under

subparagraph (D) or (E) of paragraph (2), as the case may

be.’’; and

(5) in subparagraph (D) (as so redesignated), by striking

‘‘computation made under subparagraph (B)’’ and inserting

‘‘computations made under subparagraphs (B) and (C)’’.

(c) CONFORMING AMENDMENTS.—Section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) is

amended—

(1) in the matter preceding subparagraph (A) of subsection

(a)(1), by striking ‘‘subsection (b), (d), or (f)’’ and inserting ‘‘subsection (b) or (d)’’;

(2) in subsection (b)—

(A) in paragraph (1)(C), in the matter preceding clause

(i), by striking ‘‘this subsection’’ and inserting ‘‘this paragraph’’; and

(B) in paragraph (4) (as so redesignated)—

(i) in subparagraph (A), by striking ‘‘paragraphs

(1)(B), (1)(C), and (2) of this subsection’’ and inserting

‘‘subparagraphs (B) and (C) of paragraph (1) or subparagraphs (B) through (D) of paragraph (2), as the

case may be, paragraph (3) of this subsection’’; and

(ii) in subparagraph (B)—

(I) by inserting after ‘‘paragraph (1)(C)’’ the

following: ‘‘or subparagraph (D) or (E) of paragraph (2), as the case may be,’’; and

(II) by striking ‘‘paragraph (2)(B)’’ and inserting ‘‘subparagraph (B) or (C) of paragraph (3), as

the case may be,’’;

(3) in subsection (c)(1), by striking ‘‘paragraph (2) and subsection (f)’’ and inserting ‘‘subsections (b)(1)(D), (b)(2), and

paragraph (2)’’;

(4) by striking subsection (f); and

(5) in subsection (h), by striking ‘‘section 6’’ and all that follows through ‘‘1994)’’ and inserting ‘‘section 386 of the National

Defense Authorization Act for Fiscal Year 1993’’.

SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL

AGENCIES AFFECTED BY REMOVAL OF FEDERAL PROPERTY.

Section 8003(b) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7703(b)), as amended by this Act, is further

amended by adding at the end the following:

‘‘(5) LOCAL EDUCATIONAL AGENCIES AFFECTED BY REMOVAL

OF FEDERAL PROPERTY.—

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‘‘(A) IN GENERAL.—In computing the amount of a basic

support payment under this subsection for a fiscal year for

a local educational agency described in subparagraph (B),

the Secretary shall meet the additional requirements described in subparagraph (C).

‘‘(B) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local

educational agency described in this subparagraph is a

local educational agency with respect to which Federal

property (i) located within the boundaries of the agency,

and (ii) on which one or more children reside who are receiving a free public education at a school of the agency, is

transferred by the Federal Government to another entity in

any fiscal year beginning on or after the date of the enactment of the Impact Aid Reauthorization Act of 2000 so that

the property is subject to taxation by the State or a political

subdivision of the State.

‘‘(C) ADDITIONAL REQUIREMENTS.—The additional requirements described in this subparagraph are the following:

‘‘(i) For each fiscal year beginning after the date on

which the Federal property is transferred, a child described in subparagraph (B) who continues to reside on

such property and who continues to receive a free public education at a school of the agency shall be deemed

to be a child who resides on Federal property for purposes of computing under the applicable subparagraph

of subsection (a)(1) the amount that the agency is eligible to receive under this subsection.

‘‘(ii)(I) For the third fiscal year beginning after the

date on which the Federal property is transferred, and

for each fiscal year thereafter, the Secretary shall, after

computing the amount that the agency is otherwise eligible to receive under this subsection for the fiscal year

involved, deduct from such amount an amount equal to

the revenue received by the agency for the immediately

preceding fiscal year as a result of the taxable status

of the former Federal property.

‘‘(II) For purposes of determining the amount of

revenue to be deducted in accordance with subclause

(I), the local educational agency—

‘‘(aa) shall provide for a review and certification of such amount by an appropriate local tax

authority; and

‘‘(bb) shall submit to the Secretary a report

containing the amount certified under item (aa).’’.

SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF CHILDREN WITH

SEVERE DISABILITIES.

(a) REPEAL.—Subsection (g) of section 8003 of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7703(g)) is repealed.

(b) CONFORMING AMENDMENTS.—(1) Section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) is

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amended by redesignating subsections (h) and (i) as subsections (f)

and (g), respectively.

(2) Section 426 of the General Education Provisions Act (20

U.S.C. 1228) is amended by striking ‘‘subsections (d) and (g) of section 8003 of such Act’’ and inserting ‘‘section 8003(d) of such Act’’.

SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND

8003.

Section 8005(d) of the Elementary and Secondary Education

Act of 1965 (20 U.S.C. 7705(d)) is amended—

(1) in paragraph (2), by inserting after ‘‘not more than 60

days after a deadline established under subsection (c)’’ the following: ‘‘, or not more than 60 days after the date on which the

Secretary sends written notice to the local educational agency

pursuant to paragraph (3)(A), as the case may be,’’; and

(2) in paragraph (3) to read as follows:

‘‘(3) LATE APPLICATIONS.— ‘‘(A) NOTICE.—The Secretary shall, as soon as practicable after the deadline established under subsection (c),

provide to each local educational agency that applied for a

payment under section 8002 or 8003 for the prior fiscal

year, and with respect to which the Secretary has not received an application for a payment under either such section (as the case may be) for the fiscal year in question,

written notice of the failure to comply with the deadline

and instruction to ensure that the application is filed not

later than 60 days after the date on which the Secretary

sends the notice.

‘‘(B) ACCEPTANCE AND APPROVAL OF LATE APPLICA- TIONS.—The Secretary shall not accept or approve any application of a local educational agency that is filed more

than 60 days after the date on which the Secretary sends

written notice to the local educational agency pursuant to

subparagraph (A).’’.

SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN

ATTENDANCE OF MILITARY DEPENDENTS.

Section 8006 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7706) is repealed.

SEC. 1811. CONSTRUCTION.

Section 8007 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7707) is amended to read as follows:

‘‘SEC. 8007. CONSTRUCTION.

‘‘(a) CONSTRUCTION PAYMENTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From 40 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary

shall make payments in accordance with this subsection to each

local educational agency that receives a basic support payment

under section 8003(b) for that fiscal year.

‘‘(2) ADDITIONAL REQUIREMENTS.—A local educational

agency that receives a basic support payment under section

8003(b)(1) shall also meet at least one of the following requirements:

‘‘(A) The number of children determined under section

8003(a)(1)(C) for the agency for the preceding school year

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constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding

school year.

‘‘(B) The number of children determined under subparagraphs (B) and (D)(i) of section 8003(a)(1) for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the

agency during the preceding school year.

‘‘(3) AMOUNT OF PAYMENTS.— ‘‘(A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILI- TARY DEPENDENT CHILDREN.—The amount of a payment to

each local educational agency described in this subsection

that is impacted by military dependent children for a fiscal

year shall be equal to—

‘‘(i)(I) 20 percent of the amount appropriated under

section 8014(e) for such fiscal year; divided by

‘‘(II) the total number of weighted student units of

children described in subparagraphs (B) and (D)(i) of

section 8003(a)(1) for all local educational agencies described in this subsection (as calculated under section

8003(a)(2)), including the number of weighted student

units of such children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section

for the prior fiscal year; multiplied by

‘‘(ii) the total number of such weighted student

units for the agency.

‘‘(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHIL- DREN WHO RESIDE ON INDIAN LANDS.—The amount of a

payment to each local educational agency described in this

subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to—

‘‘(i)(I) 20 percent of the amount appropriated under

section 8014(e) for such fiscal year; divided by

‘‘(II) the total number of weighted student units of

children described in section 8003(a)(1)(C) for all local

educational agencies described in this subsection (as

calculated under section 8003(a)(2)); multiplied by

‘‘(ii) the total number of such weighted student

units for the agency.

‘‘(4) USE OF FUNDS.—Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 8013(3).

‘‘(b) SCHOOL FACILITY MODERNIZATION GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary

shall award grants in accordance with this subsection to eligible local educational agencies to enable the local educational

agencies to carry out modernization of school facilities.

‘‘(2) ELIGIBILITY REQUIREMENTS.—A local educational agency is eligible to receive funds under this subsection only if—

‘‘(A) such agency (or in the case of a local educational

agency that does not have the authority to tax or issue

bonds, such agency’s fiscal agent) has no capacity to issue

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bonds or is at such agency’s limit in bonded indebtedness

for the purposes of generating funds for capital expenditures, except that a local educational agency that is eligible

to receive funds under section 8003(b)(2) shall be deemed to

meet the requirements of this subparagraph; and

‘‘(B)(i) such agency received assistance under section

8002(a) for the fiscal year and has an assessed value of taxable property per student in the school district that is less

than the average of the assessed value of taxable property

per student in the State in which the local educational

agency is located; or

‘‘(ii) such agency received assistance under subsection

(a) for the fiscal year and has a school facility emergency,

as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to

the school facility.

‘‘(3) AWARD CRITERIA.—In awarding grants under this subsection the Secretary shall consider one or more of the following

factors:

‘‘(A) The extent to which the local educational agency

lacks the fiscal capacity to undertake the modernization

project without Federal assistance.

‘‘(B) The extent to which property in the local educational agency is nontaxable due to the presence of the

Federal Government.

‘‘(C) The extent to which the local educational agency

serves high numbers or percentages of children described in

subparagraphs (A), (B), (C), and (D) of section 8003(a)(1).

‘‘(D) The need for modernization to meet—

‘‘(i) the threat that the condition of the school facility poses to the health, safety, and well-being of students;

‘‘(ii) overcrowding conditions as evidenced by the

use of trailers and portable buildings and the potential

for future overcrowding because of increased enrollment; and

‘‘(iii) facility needs resulting from actions of the

Federal Government.

‘‘(E) The age of the school facility to be modernized.

‘‘(4) OTHER AWARD PROVISIONS.—

‘‘(A) FEDERAL SHARE.—The Federal funds provided

under this subsection to a local educational agency described in subparagraph (C) shall not exceed 50 percent of

the total cost of the project to be assisted under this subsection. A local educational agency may use in-kind contributions to meet the matching requirement of the preceding sentence.

‘‘(B) MAXIMUM GRANT.—A local educational agency described in subparagraph (C) may not receive a grant under

this subsection in an amount that exceeds $3,000,000 during any 5-year period.

‘‘(C) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local

educational agency described in this subparagraph is a

local educational agency that has the authority to issue

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bonds but is at such agency’s limit in bonded indebtedness

for the purposes of generating funds for capital expenditures.

‘‘(5) APPLICATIONS.—A local educational agency that desires

to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

Each application shall contain—

‘‘(A) documentation certifying such agency’s lack of

bonding capacity;

‘‘(B) a listing of the school facilities to be modernized,

including the number and percentage of children determined under section 8003(a)(1) in average daily attendance

in each school facility;

‘‘(C) a description of the ownership of the property on

which the current school facility is located or on which the

planned school facility will be located;

‘‘(D) a description of any school facility deficiency that

poses a health or safety hazard to the occupants of the

school facility and a description of how that deficiency will

be repaired;

‘‘(E) a description of the modernization to be supported

with funds provided under this subsection;

‘‘(F) a cost estimate of the proposed modernization; and

‘‘(G) such other information and assurances as the Secretary may reasonably require.

‘‘(6) EMERGENCY GRANTS.—

‘‘(A) APPLICATIONS.—Each local educational agency described in paragraph (2)(B)(ii) that desires a grant under

this subsection shall include in the application submitted

under paragraph (5) a signed statement from an appropriate local official certifying that a health or safety deficiency exists.

‘‘(B) PRIORITY.—If the Secretary receives more than one

application from local educational agencies described in

paragraph (2)(B)(ii) for grants under this subsection for

any fiscal year, the Secretary shall give priority to local

educational agencies based on the severity of the emergency,

as determined by the Secretary, and when the application

was received.

‘‘(C) ALLOCATION; REPORTING REQUIREMENT.—

‘‘(i) ALLOCATION.—In awarding grants under this

subsection to local educational agencies described in

paragraph (2)(B)(ii), the Secretary shall consider all

applications received from local educational agencies

that meet the requirement of subsection (a)(2)(A) and

local educational agencies that meet the requirement of

subsection (a)(2)(B).

‘‘(ii) REPORTING REQUIREMENT.—

‘‘(I) IN GENERAL.—Not later than January 1 of

each year, the Secretary shall prepare and submit

to the appropriate congressional committees a report that contains a justification for each grant

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awarded under this subsection for the prior fiscal

year.

‘‘(II) DEFINITION .—In this clause, the term

‘appropriate congressional committees’ means the

Committee on Appropriations and the Committee

on Education and the Workforce of the House of

Representatives and the Committee on Appropriations and the Committee on Health, Education,

Labor, and Pensions of the Senate.

‘‘(D) CONSIDERATION FOR FOLLOWING YEAR.—A local

educational agency described in paragraph (2)(B)(ii) that

applies for a grant under this subsection for any fiscal year

and does not receive the grant shall have the application

for the grant considered for the following fiscal year, subject to the priority described in subparagraph (B).

‘‘(7) SUPPLEMENT NOT SUPPLANT.—An eligible local educational agency shall use funds received under this subsection

only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the modernization of school facilities used for

educational purposes, and not to supplant such funds.’’.

SEC. 1812. STATE CONSIDERATION OF PAYMENTS IN PROVIDING

STATE AID.

Section 8009 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7709) is amended—

(1) in subsection (a)(1), by striking ‘‘or under’’ and all that

follows through ‘‘of 1994)’’;

(2) by amending subsection (b)(1) to read as follows:

‘‘(1) IN GENERAL.—A State may reduce State aid to a local

educational agency that receives a payment under section 8002

or 8003(b) (except the amount calculated in excess of 1.0 under

section 8003(a)(2)(B)) for any fiscal year if the Secretary determines, and certifies under subsection (c)(3)(A), that the State

has in effect a program of State aid that equalizes expenditures

for free public education among local educational agencies in

the State.’’; and

(3) in subsection (d)—

(A) in paragraph (1)—

(i) in the matter proceeding subparagraph (A), by

striking ‘‘or under’’ and all that follows through ‘‘of

1994)’’; and

(ii) in subparagraph (B), by striking ‘‘or under’’

and all that follows through ‘‘of 1994)’’; and

(B) in paragraph (2), by striking ‘‘or under’’ and all

that follows through ‘‘of 1994)’’.

SEC. 1813. FEDERAL ADMINISTRATION.

Section 8010(c) of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7710(c)) is amended—

(1) by striking paragraph (1);

(2) by redesignating paragraphs (2) and (3) as paragraphs

(1) and (2), respectively; and

(3) in paragraph (2) (as redesignated)—

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(A) in subparagraph (D), by striking ‘‘section 5(d)(2) of

the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding

the date of enactment of the Improving America’s Schools

Act of 1994) or’’; and

(B) in subparagraph (E)—

(i) by striking ‘‘1994’’ and inserting ‘‘1999’’;

(ii) by striking ‘‘(or such section’s predecessor authority)’’; and

(iii) by striking ‘‘paragraph (2)’’ and inserting

‘‘paragraph (1)’’.

SEC. 1814. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

(a) ADMINISTRATIVE HEARINGS.— (1) IN GENERAL.—Section 8011(a) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7711) is amended

by adding at the end before the period the following: ‘‘if the

local educational agency or State, as the case may be, submits

to the Secretary a request for the hearing not later than 60 days

after the date of the action of the Secretary under this title’’.

(2) EFFECTIVE DATE.—The amendment made by paragraph

(1) shall apply with respect to an action of the Secretary under

title VIII of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7701 et seq.) initiated on or after the date of

the enactment of this Act.

(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—Section

8011(b)(1) of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 7711(b)(1)) is amended by striking ‘‘60 days’’ and inserting ‘‘30 working days (as determined by the local educational agency or State)’’.

SEC. 1815. FORGIVENESS OF OVERPAYMENTS.

The matter preceding paragraph (1) of section 8012 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7712) is

amended by striking ‘‘under the Act’’ and all that follows through

‘‘of 1994)’’ and inserting ‘‘under this title’s predecessor authorities’’.

SEC. 1816. DEFINITIONS.

Section 8013 of the Elementary and Secondary Education Act

of 1965 (20 U.S.C. 7713) is amended—

(1) in paragraph (5)—

(A) in subparagraph (A)(iii)—

(I) in subclause (I), by striking ‘‘or’’ after the

semicolon; and

(II) by adding at the end the following:

‘‘(III) used for affordable housing assisted

under the Native American Housing Assistance

and Self-Determination Act of 1996; or’’; and

(B) in subparagraph (F)(i), by striking ‘‘the mutual’’

and all that follows through ‘‘1937’’ and inserting ‘‘or authorized by the Native American Housing Assistance and

Self-Determination Act of 1996’’;

(2) in paragraph (8)(B), by striking ‘‘all States’’ and inserting ‘‘the 50 States and the District of Columbia’’;

(3) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; and

406

(4) by inserting after paragraph (10) the following:

‘‘(11) MODERNIZATION.—The term ‘modernization’ means

repair, renovation, alteration, or construction, including—

‘‘(A) the concurrent installation of equipment; and

‘‘(B) the complete or partial replacement of an existing

school facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the school facility.’’.

SEC. 1817. AUTHORIZATION OF APPROPRIATIONS.

(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.—

Section 8014(a) of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 7714(a)) is amended—

(1) by striking ‘‘$16,750,000 for fiscal year 1995’’ and inserting ‘‘$32,000,000 for fiscal year 2000’’; and

(2) by striking ‘‘four’’ and inserting ‘‘three’’.

(b) BASIC PAYMENTS.—Section 8014(b) of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7714(b)) is amended—

(1) by striking ‘‘subsections (b) and (f) of section 8003’’ and

inserting ‘‘section 8003(b)’’;

(2) by striking ‘‘$775,000,000 for fiscal year 1995’’ and inserting ‘‘$809,400,000 for fiscal year 2000’’;

(3) by striking ‘‘four’’ and inserting ‘‘three’’; and

(4) by striking ‘‘, of which 6 percent’’ and all that follows

and inserting a period.

(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—Section

8014(c) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7714(c)) is amended—

(1) by striking ‘‘$45,000,000 for fiscal year 1995’’ and inserting ‘‘$50,000,000 for fiscal year 2000’’; and

(2) by striking ‘‘four’’ and inserting ‘‘three’’.

(d) PAYMENTS FOR INCREASES IN MILITARY CHILDREN.—Subsection (d) of section 8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is repealed.

(e) CONSTRUCTION.—Section 8014(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(e)) is amended—

(1) by striking ‘‘$25,000,000 for fiscal year 1995’’ and inserting ‘‘$10,052,000 for fiscal year 2000’’; and

(2) by striking ‘‘four’’ and inserting ‘‘three’’.

(f) FACILITIES MAINTENANCE.—Section 8014(f) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(f)) is

amended—

(1) by striking ‘‘$2,000,000 for fiscal year 1995’’ and inserting ‘‘$5,000,000 for fiscal year 2000’’; and

(2) by striking ‘‘four’’ and inserting ‘‘three’’.

(g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8014(g) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7714(g)) is amended—

(1) in the heading, by striking ‘‘FEDERAL PROPERTY LOCAL

EDUCATIONAL AGENCIES’’ and inserting ‘‘LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION’’; and

(2) by striking ‘‘such sums as are necessary beginning in

fiscal year 1998 and for each succeeding fiscal year’’ and insertVerDate 11-MAY-2000 06:38 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00436 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.145 pfrm04 PsN: HR945
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ing ‘‘$1,500,000 for fiscal year 2000 and such sums as may be

necessary for each of the three succeeding fiscal years’’.

SEC. 1818. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take

effect on October 1, 2000, or the date of the enactment of this Act,

whichever occurs later.

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ‘‘Military Construction Authorization Act for Fiscal Year 2001’’.

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.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(1), the Secretary of the Army may acquire real property and

carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in

the following 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

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

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Army: Inside the United States—Continued

State Installation or location Amount

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

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(2), the Secretary of the Army may acquire real property and

carry out military construction projects for the locations outside the

United States, 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

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(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(3), the Secretary of the Army may acquire real property and

carry out military construction projects for the installation and location, and in the amount, set forth in the following table:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ........ Classified Location .............................................. $11,000,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(6)(A), the Secretary of the Army may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, 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

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(6)(A), the Secretary of the Army may carry out architectural

and engineering services and construction design activities with respect to the construction or improvement of family housing units in

an amount not to exceed $6,542,000.

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SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may

improve existing military family housing units in an amount not to

exceed $63,590,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction, land acquisition, and military family housing

functions of the Department of the Army in the total amount of

$1,925,344,000, as follows:

(1) For military construction projects inside the United States authorized by section 2101(a), $419,374,000.

(2) For military construction projects outside the United States authorized by section 2101(b), $119,850,000.

(3) For a military construction project at an unspecified worldwide location authorized by section 2101(c), $11,000,000.

(4) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $20,700,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$109,306,000.

(6) For military family housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $235,956,000.

(B) For support of military family housing (including

the functions described in section 2833 of title 10, United

States Code), $971,704,000.

(7) For the construction of phase 1C of a barracks complex,

Infantry Drive, Fort Riley, Kansas, authorized by section

2101(a) of the Military Construction Act for Fiscal Year 1999

(division B of Public Law 105–261; 112 Stat. 2182),

$10,000,000.

(8) For the construction of a railhead facility, Fort Hood,

Texas, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1999 (112 Stat. 2182), as

amended by section 2106 of this Act, $9,800,000.

(9) For the construction of a chemical defense qualification

facility, Pine Bluff Arsenal, Arkansas, authorized by section

2101(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 825),

$2,592,000.

(10) For the construction of phase 1B of a barracks complex, Wilson Street, Schofield Barracks, Hawaii, authorized by

section 2101(a) of the Military Construction Authorization Act

for Fiscal Year 2000 (113 Stat. 825), $22,400,000.

(11) For the construction of phase 2B of a barracks complex, Tagaytay Street, Fort Bragg, North Carolina, authorized

by section 2101(a) of the Military Construction Authorization

Act for Fiscal Year 2000 (113 Stat. 825), $3,108,000.

(12) For the construction of phase 2 of a tactical equipment

shop, Fort Sill, Oklahoma, authorized by section 2101(a) of the

411

Military Construction Authorization Act for Fiscal Year 2000

(113 Stat. 825), $10,100,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 of

title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a); (2) $22,600,000 (the balance of the amount authorized

under section 2101(a) for the construction of a Basic Training

Complex at Fort Leonard Wood, Missouri); (3) $10,000,000 (the balance of the amount authorized

under section 2101(a) for construction of a Multipurpose Digital

Training Range at Fort Hood, Texas); (4) $34,000,000 (the balance of the amount authorized

under section 2101(a) for construction of phase I of a barracks

complex, Longstreet Road, Fort Bragg, North Carolina); (5) $104,000,000 (the balance of the amount authorized

under section 2101(a) for the construction phase I of a barracks

complex, Bunter Road, Fort Bragg, North Carolina); (6) $6,000,000 (the balance of the amount authorized under

section 2101(a) for the construction of a battle simulation center

at Fort Drum, New York); and

(7) $20,000,000 (the balance of the amount authorized

under section 2101(a) for the construction of Saddle Access

Road, Pohakuloa Training Facility, Hawaii).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (12) of subsection (a) is

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by— (1) $635,000, which represents the combination of savings

resulting from adjustments to foreign currency exchange rates

for military construction outside the United States; and

(2) $19,911,000 which represents the combination of savings resulting from adjustments to foreign currency exchange

rates for military family housing construction and military

family housing support outside the United States.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2000 PROJECTS.

(a) CONSTRUCTION PROJECTS INSIDE THE UNITED STATES.—The

table in section 2101(a) of the Military Construction Authorization

Act for Fiscal Year 2000 (division B of Public Law 106–65; 113

Stat. 825) is amended—

(1) in the item relating to Fort Stewart, Georgia, by striking

‘‘$71,700,000’’ in the amount column and inserting

‘‘$25,700,000’’;

(2) by striking the item relating to Fort Riley, Kansas;

412

(3) in the item relating to CONUS Various, by striking

‘‘$36,400,000’’ in the amount column and inserting

‘‘$138,900,000’’; and

(4) by striking the amount identified as the total in the

amount column and inserting ‘‘$1,059,250,000’’.

(b) UNSPECIFIED MINOR CONSTRUCTION PROJECTS.—Subsection

(a)(3) of section 2104 of the Military Construction Authorization Act

for Fiscal Year 2000 (113 Stat. 826) is amended by striking

‘‘$9,500,000’’ and inserting ‘‘$14,600,000’’.

(c) CONFORMING AMENDMENTS.—Section 2104 of the Military

Construction Authorization Act for Fiscal Year 2000 is further

amended—

(1) in the matter preceding subsection (a), by striking

‘‘$2,353,231,000’’ and inserting ‘‘$2,358,331,000’’; and

(2) in subsection (b), by striking paragraph (7) and inserting the following new paragraph:

‘‘(7) $102,500,000 (the balance of the amount authorized

under section 2101(a) for Army construction and land acquisition projects covered under the item relating to CONUS Various, as amended by section 2105 of the Military Construction

Authorization Act for Fiscal Year 2001).

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1999 PROJECTS.

(a) MODIFICATION.—The table in section 2101 of the Military

Construction Authorization Act for Fiscal Year 1999 (division B of

Public Law 105–261; 112 Stat. 2182) is amended—

(1) in the item relating to Fort Hood, Texas, by striking

‘‘$32,500,000’’ in the amount column and inserting

‘‘$45,300,000’’;

(2) in the item relating to Fort Riley, Kansas, by striking

‘‘$41,000,000’’ in the amount column and inserting

‘‘$44,500,000’’; and

(3) by striking the amount identified as the total in the

amount column and inserting ‘‘$785,081,000’’.

(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (112

Stat. 2184) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘$2,098,713,000’’ and inserting ‘‘$2,111,513,000’’; and

(B) in paragraph (1), by striking ‘‘$609,781,000’’ and

inserting ‘‘$622,581,000’’; and

(2) in subsection (b)(7), by striking ‘‘$24,500,000’’ and inserting ‘‘$28,000,000’’.

SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR

1998 PROJECT.

(a) MODIFICATION.—The table in section 2101(a) of the Military

Construction Authorization Act for Fiscal Year 1998 (division B of

Public Law 105–85; 111 Stat. 1967), as amended by section 2105(a)

of the Military Construction Authorization Act for Fiscal Year 1999

(division B of Public Law 105–261; 112 Stat. 2185), is amended—

(1) in the item relating to Hunter Army Airfield, Fort Stewart, Georgia, by striking ‘‘$54,000,000’’ in the amount column

and inserting ‘‘$57,500,000’’; and

413

(2) by striking the amount identified as the total in the amount column and inserting ‘‘$606,250,000’’.

(b) CONFORMING AMENDMENT.—Section 2104(b)(5) of the Military Construction Authorization Act for Fiscal Year 1998 (111 Stat.

1969) is amended by striking ‘‘$42,500,000’’ and inserting

‘‘$46,000,000’’.

SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF CERTAIN MILITARY CONSTRUCTION PROJECT, FORT CAMPBELL, KENTUCKY.

(a) AUTHORITY TO ACCEPT FUNDS.—(1) The Secretary of the

Army may accept funds from the Federal Highway Administration

or the Commonwealth of Kentucky for purposes of funding all costs

associated with the realignment of the military construction project

involving a rail connector located at Fort Campbell, Kentucky, as

authorized in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201;

110 Stat. 2763).

(2) Any funds accepted under paragraph (1) shall be credited

to the account of the Department of the Army from which the costs

of the realignment of the military construction project described in

that paragraph are to be paid.

(b) USE OF FUNDS.—(1) The Secretary may use funds accepted

under subsection (a) for any costs associated with the realignment

of the military construction project described in that subsection in

addition to any amounts authorized and appropriated for the military construction project.

(2) For purposes of paragraph (1), the costs associated with the

realignment of the military construction project described in subsection (a) include redesign costs, additional construction costs, additional costs due to construction delays related to the realignment,

and additional real estate costs.

(3) Funds accepted under subsection (a) shall remain available

for use under paragraph (1) until expended.

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.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(1), the Secretary of the Navy may acquire real property and

carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in

the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ................................. Marine Corps Air Station, Yuma ....................... $8,200,000

414

Navy: Inside the United States—Continued

State Installation or location Amount

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

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

415

Navy: Inside the United States—Continued

State Installation or location Amount

Naval Amphibious Base, Little Creek ................ 2,830,000

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

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section

2204(a)(2), the Secretary of the Navy may acquire real property and

carry out military construction projects for the locations outside the

United States, and 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

SEC. 2202. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following

table:

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

416

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may carry out architectural

and engineering services and construction design activities with respect to the construction or improvement of military family housing

units in an amount not to exceed $19,958,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $193,077,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction, land acquisition, and military family housing

functions of the Department of the Navy in the total amount of

$2,227,995,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2201(a), $750,257,000.

(2) For military construction projects outside the United States authorized by section 2201(b), $67,511,000.

(3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $11,659,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$73,335,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $418,155,000.

(B) For support of military housing (including functions described in section 2833 of title 10, United States

Code), $882,638,000.

(6) For construction of a berthing wharf at Naval Air Station, North Island, California, authorized by section 2201(a) of

the Military Construction Authorization Act for Fiscal Year

2000 (division B of Public Law 106–65; 113 Stat. 828),

$12,800,000.

(7) For construction of the Commander-in-Chief Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2000, $35,600,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2201 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a);

(2) $17,500,000 (the balance of the amount authorized

under section 2201(a) for repair of a pier at Naval Station, San

Diego, California);

417

(3) $24,460,000 (the balance of the amount authorized

under section 2201(a) for replacement of a pier at Naval Shipyard, Bremerton, Puget Sound, Washington); and

(4) $10,280,000 (the balance of the amount authorized

under section 2201(a) for construction of an industrial skills

center at Naval Shipyard, Bremerton, Puget Sound, Washington).

(c) ADJUSTMENTS.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (7) of subsection (a) is

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by—

(1) $2,889,000, which represents the combination of savings

resulting from adjustments to foreign currency exchange rates

for military construction outside the United States;

(2) $20,000,000, which represents the combination of

project savings in military construction resulting from favorable

bids, reduced overhead charges, and cancellations due to force

structure changes; and

(3) $1,071,000, which represents the combination of savings

resulting from adjustments to foreign currency exchange rates

for military family housing support outside the United States.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR

1997 PROJECT AT MARINE CORPS COMBAT DEVELOPMENT

COMMAND, QUANTICO, VIRGINIA.

The Secretary of the Navy may carry out a military construction project involving infrastructure development at the Marine

Corps Combat Development Command, Quantico, Virginia, in the

amount of $8,900,000, using amounts appropriated pursuant to the

authorization of appropriations in section 2204(a)(1) of the Military

Construction Authorization Act for Fiscal Year 1997 (division B of

Public Law 104–201; 110 Stat. 2769) for a military construction

project involving a sanitary landfill at that installation, as authorized by section 2201(a) of that Act (110 Stat. 2767) and extended by

section 2702 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 842) and

section 2703 of this Act.

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.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(1), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

418

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

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

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(2), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installations

and locations outside the United States, and in the amounts, set

forth in the following table:

419

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

SEC. 2302. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

California .................... Edwards Air Force Base ..................... 57 Units ..... $9,870,000

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

(b) PLANNING AND DESIGN.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities

with respect to the construction or improvement of military family

housing units in an amount not to exceed $12,760,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may

improve existing military family housing units in an amount not to

exceed $174,046,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction, land acquisition, and military family housing

functions of the Department of the Air Force in the total amount of

$1,943,069,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2301(a), $736,355,000.

(2) For military construction projects outside the United

States authorized by section 2301(b), $47,875,000.

(3) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $11,350,000.

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(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$74,628,000.

(5) For military housing functions:

(A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $258,821,000.

(B) For support of military family housing (including

functions described in section 2833 of title 10, United

States Code), $826,271,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 of

title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2301 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a); and (2) $9,400,000 (the balance of the amount authorized under

section 2301(a) for the construction of an air freight terminal

and base supply complex at McGuire Air Force Base, New Jersey).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a) is

the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $12,231,000, which represents the combination

of savings resulting from adjustments to foreign currency exchange

rates for military family housing construction and military family

housing support outside the United States.

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.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2403(a)(1), the Secretary of Defense may acquire real property and

carry out military construction projects for the installations and locations inside the United States, and in the amounts, set forth in

the following 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

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Defense Agencies: Inside the United States—Continued

Agency Installation or location Amount

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

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

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section

2403(a)(2), the Secretary of Defense may acquire real property and

carry out military construction projects for the installations and locations outside the United States, and in the amounts, set forth in

the following 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

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Defense Agencies: Outside the United States—Continued

Agency Installation or location Amount

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

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

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2403(a)(3), the Secretary of Defense may acquire real property and

carry out military construction projects for the installations and locations, and in the amounts, set forth in the following table:

Defense Agencies: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ........ Unspecified Worldwide ....................................... $451,135,000

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2403(a)(7), the Secretary of Defense may

carry out energy conservation projects under section 2865 of title 10,

United States Code, in the amount of $15,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) IN GENERAL.—Subject to subsection (c), funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2000, for military construction, land acquisition, and

military family housing functions of the Department of Defense

(other than the military departments), in the total amount of

$1,883,902,000 as follows:

(1) For military construction projects inside the United

States authorized by section 2401(a), $256,906,000.

(2) For military construction projects outside the United

States authorized by section 2401(b), $167,566,000.

(3) For military construction projects at unspecified worldwide locations authorized by section 2401(c), $85,095,000.

(4) For unspecified minor construction projects under section 2805 of title 10, United States Code, $17,390,000.

(5) For contingency construction projects of the Secretary of

Defense under section 2804 of title 10, United States Code,

$6,000,000.

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(6) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$77,505,000.

(7) For energy conservation projects authorized by section

2402 of this Act, $15,000,000.

(8) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

note), $1,024,369,000.

(9) For military family housing functions, for support of

military housing (including functions described in section 2833

of title 10, United States Code), $44,886,000 of which not more

than $38,478,000 may be obligated or expended for the leasing

of military family housing units worldwide.

(10) For the construction of an ammunition demilitarization facility, Pine Bluff Arsenal, Arkansas, authorized by section 2401(a) of the Military Construction Authorization Act for

Fiscal Year 1995 (division B of Public Law 103–337; 108 Stat.

3040), as amended by section 2407 of the Military Construction

Authorization Act for Fiscal Year 1996 (division B of Public

Law 104–106; 110 Stat. 539), section 2408 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of

Public Law 105–85; 111 Stat. 1982), and section 2406 of the

Military Construction Authorization Act for Fiscal Year 1999

(division B of Public Law 105–261; 112 Stat. 2197),

$43,600,000.

(11) For the construction of phase 6 of an ammunition demilitarization facility, Umatilla Army Depot, Oregon, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1995, as amended by section 2407 of

the Military Construction Authorization Act for Fiscal Year

1996, section 2408 of the Military Construction Authorization

Act for Fiscal Year 1998, and section 2406 of the Military Construction Authorization Act for Fiscal Year 1999, $9,400,000.

(12) For the construction of phase 2 of an ammunition demilitarization facility, Pueblo Army Depot, Colorado, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–

201; 110 Stat. 2775), as amended by section 2406 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 839), $10,700,000.

(13) For the construction of phase 3 of an ammunition demilitarization facility, Newport Army Depot, Indiana, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999 (112 Stat. 2193), $54,400,000.

(14) For the construction of phase 3 of an ammunition demilitarization facility, Aberdeen Proving Ground, Maryland,

authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 1999, $45,700,000.

(15) For construction of a replacement hospital at Fort

Wainwright, Alaska, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (113

Stat. 836), $44,000,000.

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(16) For the construction of the Ammunition Demilitarization Support Phase 2, Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Act for

Fiscal Year 2000, $8,500,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 of

title 10, United States Code, and any other cost variations authorized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a); and

(2) $366,040,000 (the balance of the amount authorized

under section 2401(c) for construction of National Missile Defense Initial Deployment Facilities, Unspecified Worldwide locations).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (16) of subsection (a) is

the sum of the amounts authorized to be appropriated by such paragraphs, reduced by—

(1) $7,115,000, which represents the combination of savings

resulting from adjustments to foreign currency exchange rates

for military construction outside the United States; and

(2) $20,000,000, which represents the combination of

project savings in military construction for chemical demilitarization resulting from favorable bids, reduced overhead

charges, and cancellations due to force structure changes.

SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 1990 PROJECT.

(a) MODIFICATION.—Section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division B

of Public Law 101–189), as amended by section 2407 of the Military

Construction Authorization Act for Fiscal Year 1999 (division B of

Public Law 105–261; 112 Stat. 2197), is amended in the item relating to Portsmouth Naval Hospital, Virginia, by striking

‘‘$351,354,000’’ and inserting ‘‘$359,854,000’’.

(b) CONFORMING AMENDMENT.—Section 2405(b)(2) of the Military Construction Authorization Act for Fiscal Years 1990 and

1991, as amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1999, is amended by striking

‘‘$342,854,000’’ and inserting ‘‘$351,354,000’’.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from the

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North Atlantic Treaty Organization as a result of construction previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2000, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code,

for the share of the United States of the cost of projects for the North

Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $172,000,000.

TITLE XXVI—GUARD AND 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.

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years beginning after September 30, 2000, for the costs of acquisition, architectural and engineering services, and construction of facilities for the

Guard and Reserve Forces, and for contributions therefor, under

chapter 1803 of title 10, United States Code (including the cost of

acquisition of land for those facilities), the following amounts:

(1) For the Department of the Army—

(A) for the Army National Guard of the United States,

$266,531,000; and

(B) for the Army Reserve, $108,738,000.

(2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $62,073,000.

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States,

$194,929,000; and

(B) for the Air Force Reserve, $36,591,000.

SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION OF AIRPORT TOWER, CHEYENNE AIRPORT, CHEYENNE, WYOMING.

The Secretary of the Air Force may use up to $1,450,000 of the

amounts appropriated pursuant to the authorization of appropriations in section 2601(3)(A) to make a contribution to the Cheyenne

Airport Authority, consistent with applicable agreements, to the

costs of construction of a new airport tower at 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.

426

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—Except as provided in subsection (b), all authorizations contained in

titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions

to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on

the later of—

(1) October 1, 2003; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2004.

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family

housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated

funds have been obligated before the later of—

(1) October 1, 2003; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2004 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

1998 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1998 (division B of

Public Law 105–85; 111 Stat. 1984), authorizations set forth in the

tables in subsection (b), as provided in section 2102, 2202, or 2302

of that Act, shall remain in effect until October 1, 2001, or the date

of the enactment of an Act authorizing funds for military construction for fiscal year 2002, whichever is later.

(b) TABLES.—The tables referred to in subsection (a) 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

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Navy: Extension of 1998 Project Authorizations—Continued

State Installation or location Project Amount

California ....................... Marine Corps Air Station,

Miramar ................................... Family Housing Construction

(166 units) ... 28,881,000

California ....................... Marine Corps Air-Ground 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

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

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR

1997 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1997 (division B of

Public Law 104–201; 110 Stat. 2782), authorizations set forth in the

tables in subsection (b), as provided in section 2201, 2202, or 2601

of that Act and extended by section 2702 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public

Law 106–65; 113 Stat. 842), shall remain in effect until October 1,

2001, or the date of the enactment of an Act authorizing funds for

military construction for fiscal year 2002, whichever is later.

(b) TABLES.—The tables referred to in subsection (a) are as follows:

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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

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect

on the later of—

(1) October 1, 2000; or

(2) the date of the enactment of this Act.

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.

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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.

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.

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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.

Subtitle A—Military Construction Program

and Military Family Housing Changes

SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.

(a) SENSE OF CONGRESS ON JOINT USE PROJECTS.—It is the

sense of Congress that when the Secretary of Defense assists the

President in preparing the budget for the Department of Defense for

a fiscal year for submission to Congress under section 1105 of title

31, United States Code, the Secretary of Defense should—

(1) seek to identify military construction projects that are

suitable as joint use military construction projects;

(2) specify in the budget for the fiscal year the military construction projects that are identified under paragraph (1); and

(3) give priority in the budget for the fiscal year to the military construction projects specified under paragraph (2).

(b) ANNUAL EVALUATION OF JOINT USE PROJECTS.—(1) Subchapter I of chapter 169 of title 10, United States Code, is amended

by adding at the end the following new section:

‘‘§ 2815. Joint use military construction projects: annual evaluation

‘‘(a) JOINT USE MILITARY CONSTRUCTION PROJECT DEFINED.—

In this section, the term ‘joint use military construction project’

means a military construction project for a facility intended to be

used by—

‘‘(1) both the active and a reserve component of a single

armed force; or

‘‘(2) two or more components (whether active or reserve components) of the armed forces.

‘‘(b) ANNUAL EVALUATION.—In the case of the budget submitted

under section 1105 of title 31 for fiscal year 2003 and each fiscal

year thereafter, the Secretary of Defense shall include in the budget

justification materials submitted to Congress in support of the

budget a certification by each Secretary concerned that, in evaluating military construction projects for inclusion in the budget for

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that fiscal year, the Secretary concerned evaluated the feasibility of

carrying out the projects as joint use military construction projects.’’.

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

amended by adding at the end the following new item:

‘‘2815. Joint use military construction projects: annual evaluation.’’.

SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF

APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR

IMPROVEMENT OF FAMILY HOUSING.

Section 2825(b) of title 10, United States Code, is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) In determining the applicability of the limitation contained

in paragraph (1), the Secretary concerned shall not include as part

of the cost of the improvement of the unit or units concerned the following:

‘‘(A) The cost of the installation of communications, security, or antiterrorism equipment required by an occupant of the

unit or units to perform duties assigned to the occupant as a

member of the armed forces.

‘‘(B) The cost of the maintenance or repair of equipment described in subparagraph (A) installed for the purpose specified

in such subparagraph.’’.

SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILITARY FAMILY

HOUSING.

(a) IN GENERAL.—(1) Section 2826 of title 10, United States

Code, is amended to read as follows:

‘‘§ 2826. Military family housing: local comparability of room

patterns and floor areas

‘‘(a) LOCAL COMPARABILITY.—In the construction, acquisition,

and improvement of military family housing, the Secretary concerned shall ensure that the room patterns and floor areas of military family housing in a particular locality (as designated by the

Secretary concerned for purposes of this section) are similar to room

patterns and floor areas of similar housing in the private sector in

that locality.

‘‘(b) REQUESTS FOR AUTHORITY FOR MILITARY FAMILY HOUSING.—(1) In submitting to Congress a request for authority to carry

out the construction, acquisition, or improvement of military family

housing, the Secretary concerned shall include in the request information on the net floor area of each unit of military family housing

to be constructed, acquired, or improved under the authority.

‘‘(2) In this subsection, the term ‘net floor area’, in the case of

a military family housing unit, means the total number of square

feet of the floor space inside the exterior walls of the unit, excluding

the floor area of an unfinished basement, an unfinished attic, a utility space, a garage, a carport, an open or insect-screened porch, a

stairwell, and any space used for a solar-energy system.’’.

(2) The table of sections at the beginning of subchapter II of

chapter 169 of that title is amended by striking the item relating to

section 2826 and inserting the following new item:

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‘‘2826. Military family housing: local comparability of room patterns and floor

areas.’’.

(b) EFFECTIVE DATE.—(1) The amendments made by subsection

(a) shall take effect on October 1, 2001, but the Secretary of Defense

shall anticipate the requirements of section 2826 of title 10, United

States Code, as added by such subsection, when preparing the budget request for new construction, acquisition, or improvement of military family housing for fiscal year 2002.

(2) Section 2826 of title 10, United States Code, as in effect on

September 30, 2001, shall continue to apply with respect to the construction, acquisition, or improvement of military family housing

commenced on or before that date.

SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILITARY FAMILY HOUSING.

(a) LEASES FOR UNITED STATES SOUTHERN COMMAND.—Paragraph (4) of section 2828(b) of title 10, United States Code, is

amended—

(1) by inserting ‘‘(A)’’ after ‘‘(4)’’;

(2) by striking the second sentence; and

(3) by adding at the end the following new subparagraphs:

‘‘(B) The amount of all leases under this paragraph may not exceed $280,000 per year, as adjusted from time to time under paragraph (6).

‘‘(C) The term of any lease under this paragraph may not exceed

5 years.’’.

(b) ANNUAL ADJUSTMENT OF MAXIMUM LEASE AMOUNTS.—Such

section is further amended by striking paragraph (5) and inserting

the following new paragraphs:

‘‘(5) At the beginning of each fiscal year, the Secretary concerned shall adjust the maximum lease amount provided for leases

under paragraphs (2) and (3) for the previous fiscal year by the percentage (if any) by which the national average monthly cost of housing (as calculated for purposes of determining rates of basic allowance for housing under section 403 of title 37) for the preceding fiscal year exceeds the national average monthly cost of housing (as so

calculated) for the fiscal year before such preceding fiscal year.

‘‘(6) At the beginning of each fiscal year, the Secretary of the

Army shall adjust the maximum aggregate amount for leases under

paragraph (4) for the previous fiscal year by the percentage (if any)

by which the annual average cost of housing for the Miami Military

Housing Area (as calculated for purposes of determining rates of

basic allowance for housing under section 403 of title 37) for the

preceding fiscal year exceeds the annual average cost of housing for

the Miami Military Housing Area (as so calculated) for the fiscal

year before such preceding fiscal year.’’.

(c) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) in paragraph (2), by inserting after ‘‘per year’’ the following: ‘‘, as adjusted from time to under paragraph (5)’’; and

(2) in paragraph (3), by striking ‘‘$12,000 per unit per year

but does not exceed $14,000 per unit per year’’ and inserting

‘‘the maximum amount per unit per year in effect under paragraph (2) but does not exceed $14,000 per unit per year, as adjusted from time to time under paragraph (5)’’.

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SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

(a) AUTHORITY TO FURNISH ON REIMBURSABLE BASIS.—Subchapter IV of chapter 169 of title 10, United States Code, is amended by inserting after section 2872 the following new section:

‘‘§ 2872a. Utilities and services

‘‘(a) AUTHORITY TO FURNISH.—The Secretary concerned may

furnish utilities and services referred to in subsection (b) in connection with any military housing acquired or constructed pursuant to

the exercise of any authority or combination of authorities under

this subchapter if the military housing is located on a military installation.

‘‘(b) COVERED UTILITIES AND SERVICES.—The utilities and services that may be furnished under subsection (a) are the following:

‘‘(1) Electric power.

‘‘(2) Steam.

‘‘(3) Compressed air.

‘‘(4) Water.

‘‘(5) Sewage and garbage disposal.

‘‘(6) Natural gas.

‘‘(7) Pest control.

‘‘(8) Snow and ice removal.

‘‘(9) Mechanical refrigeration.

‘‘(10) Telecommunications service.

‘‘(c) REIMBURSEMENT.—(1) The Secretary concerned shall be reimbursed for any utilities or services furnished under subsection (a).

‘‘(2) The amount of any cash payment received under paragraph

(1) shall be credited to the appropriation or working capital account

from which the cost of furnishing the utilities or services concerned

was paid. Amounts so credited to an appropriation or account shall

be merged with funds in such appropriation or account, and shall

be available to the same extent, and subject to the same terms and

conditions, as such funds.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2872 the following new item:

‘‘2872a. Utilities and services.’’.

SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

Section 2885 of title 10, United States Code, is amended by

striking ‘‘February 10, 2001’’ and inserting ‘‘December 31, 2004’’.

SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE READINESS CENTERS.

(a) DEFINITION.—Section 18232(3) of title 10, United States

Code, is amended—

(1) in the first sentence, by striking ‘‘The term ‘armory’

means’’ and inserting ‘‘The terms ‘armory’ and ‘readiness center’

mean’’; and

(2) in the second sentence, by striking ‘‘It includes’’ and inserting ‘‘Such terms include’’.

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(b) CONFORMING AMENDMENTS.—(1) Section 18232(2) of such

title is amended by striking ‘‘armory or other structure’’ and inserting ‘‘armory, readiness center, or other structure’’.

(2) Section 18236(b) of such title by inserting ‘‘or readiness center’’ after ‘‘armory’’.

Subtitle B—Real Property and Facilities

Administration

SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT REQUIREMENTS FOR REAL PROPERTY TRANSACTIONS.

(a) INCREASED THRESHOLD.—Section 2662 of title 10, United

States Code, is amended by striking ‘‘$200,000’’ each place it appears and inserting ‘‘$500,000’’.

(b) REFERENCE TO SIMPLIFIED ACQUISITION THRESHOLD.—Subsection (b) of such section is amended by striking ‘‘under section

2304(g) of this title’’ and inserting ‘‘specified in section 4(11) of the

Office of Federal Procurement Policy Act (41 U.S.C. 403(11)),’’.

SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPARTMENTS TO LEASE NON-EXCESS PROPERTY.

(a) PROPERTY AVAILABLE FOR LEASE.—Subsection (a) of section

2667 of title 10, United States Code, is amended—

(1) by inserting ‘‘and’’ at the end of paragraph (1);

(2) by striking paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

(b) ACCEPTANCE OF IN-KIND CONSIDERATION.—Such section is

further amended—

(1) in subsection (b)(5)—

(A) by striking ‘‘improvement, maintenance, protection,

repair, or restoration,’’ and inserting ‘‘alteration, repair, or

improvement,’’; and

(B) by striking ‘‘, or of the entire unit or installation

where a substantial part of it is leased,’’;

(2) by transferring subsection (c) to the end of the section

and redesignating such subsection, as so transferred, as subsection (i);

(3) by inserting after subsection (b) the following new subsection (c):

‘‘(c)(1) In addition to any in-kind consideration accepted under

subsection (b)(5), in-kind consideration accepted with respect to a

lease under this section may include the following:

‘‘(A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of

property or facilities under the control of the Secretary concerned.

‘‘(B) Construction of new facilities for the Secretary concerned.

‘‘(C) Provision of facilities for use by the Secretary concerned.

‘‘(D) Facilities operation support for the Secretary concerned.

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‘‘(E) Provision of such other services relating to activities

that will occur on the leased property as the Secretary concerned considers appropriate.

‘‘(2) In-kind consideration under paragraph (1) may be accepted

at any property or facilities under the control of the Secretary concerned that are selected for that purpose by the Secretary concerned.

‘‘(3) Sections 2662 and 2802 of this title shall not apply to any

new facilities whose construction is accepted as in-kind consideration under this subsection.

‘‘(4) In the case of a lease for which all or part of the consideration proposed to be accepted by the Secretary concerned under this

subsection is in-kind consideration with a value in excess of

$500,000, the Secretary concerned may not enter into the lease until

30 days after the date on which a report on the facts of the lease

is submitted to the congressional defense committees.’’; and

(4) in subsection (f)—

(A) by striking paragraph (4); and

(B) by redesignating paragraph (5) as paragraph (4).

(c) USE OF PROCEEDS.—Subsection (d)(1) of such section is

amended to read as follows:

‘‘(d)(1)(A) The Secretary of a military department shall deposit

in a special account in the Treasury established for such military

department the following:

‘‘(i) All money rentals received pursuant to leases entered

into by that Secretary under this section.

‘‘(ii) All proceeds received pursuant to the granting of easements by that Secretary under sections 2668 and 2669 of this

title.

‘‘(iii) All proceeds received by that Secretary from authorizing the temporary use of other property under the control of

that military department.

‘‘(B) Subparagraph (A) does not apply to the following proceeds:

‘‘(i) Amounts paid for utilities and services furnished lessees by the Secretary of a military department pursuant to

leases entered into under this section.

‘‘(ii) Money rentals referred to in paragraph (4) or (5).

‘‘(C) Subject to subparagraphs (D) and (E), the proceeds deposited in the special account of a military department pursuant to

subparagraph (A) shall be available to the Secretary of that military

department, in such amounts as provided in appropriation Acts, for

the following:

‘‘(i) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of

property or facilities.

‘‘(ii) Construction or acquisition of new facilities.

‘‘(iii) Lease of facilities.

‘‘(iv) Facilities operation support.

‘‘(D) At least 50 percent of the proceeds deposited in the special

account of a military department under subparagraph (A) shall be

available for activities described in subparagraph (C) only at the

military installation where the proceeds were derived.

‘‘(E) The Secretary concerned may not expend under subparagraph (C) an amount in excess of $500,000 at a single installation

until 30 days after the date on which a report on the facts of the

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proposed expenditure is submitted to the congressional defense committees.’’.

(d) CONGRESSIONAL NOTIFICATION.—Subsection (d)(3) of such

section is amended—

(1) in the matter preceding subparagraph (A), by striking

‘‘As part’’ and all that follows through ‘‘Secretary of Defense’’

and inserting ‘‘Not later than March 15 each year, the Secretary

of Defense shall submit to the congressional defense committees

a report which’’; and

(2) in subparagraph (A), by striking ‘‘request’’ and inserting

‘‘report’’.

(e) DEFINITIONS.—Subsection (h) of such section is amended to

read as follows:

‘‘(h) In this section:

‘‘(1) The term ‘congressional defense committees’ means:

‘‘(A) The Committee on Armed Services and the Committee on Appropriations of the Senate.

‘‘(B) The Committee on Armed Services and the Committee on Appropriations of the House of Representatives.

‘‘(2) The term ‘base closure law’ means the following:

‘‘(A) Section 2687 of this title.

‘‘(B) The Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10

U.S.C. 2687 note).

‘‘(C) Title II of the Defense Authorization Amendments

and Base Closure and Realignment Act (Public Law 100–

526; 10 U.S.C. 2687 note).

‘‘(3) The term ‘military installation’ has the meaning given

such term in section 2687(e)(1) of this title.’’.

(f) CONFORMING AMENDMENTS.—(1) Section 2668 of such title is

amended by adding at the end the following new subsection:

‘‘(e) Subsection (d) of section 2667 of this title shall apply with

respect to proceeds received by the Secretary of a military department in connection with an easement granted under this section in

the same manner as such subsection applies to money rentals received pursuant to leases entered into by that Secretary under such

section.’’.

(2) Section 2669 of such title is amended by adding at the end

the following new subsection:

‘‘(e) Subsection (d) of section 2667 of this title shall apply with

respect to proceeds received by the Secretary of a military department in connection with an easement granted under this section in

the same manner as such subsection applies to money rentals received pursuant to leases entered into by that Secretary under such

section.’’.

SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS

OF MILITARY DEPARTMENTS.

(a) SELECTION OF CONVEYEE.—Subsection (b) of section 2688 of

title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘If more than one’’; and

(2) by adding at the end the following new paragraphs:

‘‘(2) Notwithstanding paragraph (1), the Secretary concerned

may use procedures other than competitive procedures, but only in

accordance with subsections (c) through (f) of section 2304 of this

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title, to select the conveyee of a utility system (or part of a utility

system) under subsection (a).

‘‘(3) With respect to the solicitation process used in connection

with the conveyance of a utility system (or part of a utility system)

under subsection (a), the Secretary concerned shall ensure that the

process is conducted in a manner consistent with the laws and regulations of the State in which the utility system is located to the extent necessary to ensure that all interested regulated and unregulated utility companies and other interested entities receive an opportunity to acquire and operate the utility system to be conveyed.’’.

(b) APPLICABILITY OF REGULATORY REQUIREMENTS.—Subsection

(f) of such section is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary concerned shall require in any contract for

the conveyance of a utility system (or part of a utility system) under

subsection (a) that the conveyee manage and operate the utility system in a manner consistent with applicable Federal and State regulations pertaining to health, safety, fire, and environmental requirements.’’.

SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IMPROVE PROPERTY MANAGEMENT.

Section 203(p)(1) of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 484(p)(1)) is amended by striking

subparagraph (B) and inserting the following new subparagraph:

‘‘(B) The Administrator may exercise the authority under subparagraph (A) with respect to such surplus real and related property needed by the transferee or grantee for—

‘‘(i) law enforcement purposes, as determined by the Attorney General; or

‘‘(ii) emergency management response purposes, including

fire and rescue services, as determined by the Director of the

Federal Emergency Management Agency.’’.

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.

(a) 1990 LAW.—Section 2905(b)(4)(B)(i) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public

Law 101–510; 10 U.S.C. 2687 note) is amended by striking ‘‘the

transfer’’ and inserting ‘‘the initial transfer of property’’.

(b) 1988 LAW.—Section 204(b)(4)(B)(i) of the Defense Authorization Amendments and Base Closure and Realignment Act (Public

Law 100–526; 10 U.S.C. 2687 note) is amended by striking ‘‘the

transfer’’ and inserting ‘‘the initial transfer of property’’.

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Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL, ILLINOIS.

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

transfer, without reimbursement, to the administrative jurisdiction

of the Secretary of Veterans Affairs a parcel of real property, including any improvements thereon, consisting of approximately 23 acres

and comprising a portion of the Rock Island Arsenal, Illinois.

(b) USE OF LAND.—The Secretary of Veterans Affairs shall include the real property transferred under subsection (a) in the Rock

Island National Cemetery and use the transferred property as a national cemetery under chapter 24 of title 38, United States Code.

(c) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall

be determined by a survey satisfactory to the Secretary of the Army.

The cost of the survey shall be borne by the Secretary of Veterans

Affairs.

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

Army may require such additional terms and conditions in connection with the transfer under this section as the Secretary of the

Army considers appropriate to protect the interests of the United

States.

SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG,

ILLINOIS.

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

convey, without consideration, to Knox County, Illinois (in this section referred to as the ‘‘County’’), all right, title, and interest of the

United States in and to a parcel of real property, including any improvements thereon, in Galesburg, Illinois, consisting of approximately 4.65 acres and containing an Army Reserve Center for the

purpose of permitting the County to use the parcel for municipal office space.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the County.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT

CENTER, ILLINOIS.

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Army

may convey to the Tri-City Regional Port District of Granite City,

Illinois (in this section referred to as the ‘‘Port District’’), all right,

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

property, including any improvements thereon, consisting of approximately 752 acres and known as the Charles Melvin Price Support Center, for the purpose of permitting the Port District to use the

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parcel for development of a port facility and for other public purposes.

(2) The property to be conveyed under paragraph (1) shall include 158 units of military family housing at the Charles Melvin

Price Support Center for the purpose of permitting the Port District

to use the housing to provide affordable housing, but only if the Port

District agrees to provide members of the Armed Forces first priority

in leasing the housing at a rental rate not to exceed the member’s

basic allowance for housing.

(3) The Secretary of the Army may include as part of the conveyance under paragraph (1) personal property of the Army at the

Charles Melvin Price Support Center that the Secretary of Transportation recommends is appropriate for the development or operation of the port facility and the Secretary of the Army agrees is excess to the needs of the Army.

(b) INTERIM LEASE.—Until such time as the real property described in subsection (a) is conveyed by deed, the Secretary of the

Army may lease the property to the Port District.

(c) CONSIDERATION.—(1) The conveyance under subsection (a)

shall be made without consideration as a public benefit conveyance

for port development if the Secretary of the Army determines that

the Port District satisfies the criteria specified in section 203(q) of

the Federal Property and Administrative Services Act of 1949 (40

U.S.C. 484(q)) and regulations prescribed to implement such section. If the Secretary determines that the Port District fails to qualify for a public benefit conveyance, but still desires to acquire the

property, the Port District shall pay to the United States an amount

equal to the fair market value of the property to be conveyed. The

fair market value of the property shall be determined by the Secretary of the Army.

(2) The Secretary of the Army may accept as consideration for

a lease of the property under subsection (b) an amount that is less

than fair market value if the Secretary determines that the public

interest will be served as a result of the lease.

(d) ARMY RESERVE ACTIVITIES.—(1) Notwithstanding the total

acreage of the parcel authorized for conveyance under subsection (a),

the Secretary of the Army may retain up to 50 acres of the parcel

for use by the Army Reserve. The acreage selected for retention shall

be mutually agreeable to the Secretary and the Port District.

(2) At such time as the Secretary of the Army determines that

the property retained under this subsection is no longer needed for

Army Reserve activities, the Secretary shall convey the property to

the Port District. The consideration for the conveyance shall be determined in the manner provided in subsection (c).

(e) FEDERAL LEASE OF FACILITIES.—(1) As a condition for the

conveyance under subsection (a), the Secretary of the Army may require that the Port District lease to the Department of Defense or

any other Federal agency facilities for use by the agency on the

property being conveyed. Any lease under this subsection shall be

made under terms and conditions satisfactory to the Secretary and

the Port District.

(2) The agency leasing a facility under this subsection shall provide for the maintenance of the facility or pay the Port District to

maintain the facility. Maintenance of the leased facilities performed

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by the Port District shall be to the reasonable satisfaction of the

United States, or as required by all applicable Federal, State, and

local laws and ordinances.

(3) At the end of a lease under this subsection, the facility covered by the lease shall revert to the Port District.

(f) FLOOD CONTROL EASEMENT.—The Port District shall grant

to the Secretary of the Army an easement on the property conveyed

under subsection (a) for the purpose of permitting the Secretary to

implement and maintain flood control projects. The Secretary of the

Army, acting through the Corps of Engineers, shall be responsible

for the maintenance of any flood control project built on the property

pursuant to the easement.

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under subsection (a) shall

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

and the Port District. The cost of such survey shall be borne by the

Port District.

(h) ADDITIONAL TERMS.—The Secretary of the Army may require such additional terms and conditions in connection with the

conveyance as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS.

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

convey, without consideration, to the State of Kansas (in this section

referred to as the ‘‘State’’), all right, title, and interest of the United

States in and to a parcel of real property, including any improvements thereon, consisting of approximately 70 acres at Fort Riley

Military Reservation, Fort Riley, Kansas. The preferred site is adjacent to the Fort Riley Military Reservation boundary, along the

north side of Huebner Road across from the First Territorial Capitol

of Kansas Historical Site Museum.

(b) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the conditions that—

(1) the State use the property conveyed solely for purposes

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

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

cost of relocating water and electric utilities should the Secretary determine that such relocations are necessary, be borne

by the State.

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

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

Director of the Kansas Commission on Veterans Affairs.

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance required by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA.

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

convey, without consideration, to the State of Louisiana (in this section referred to as the ‘‘State’’), all right, title, and interest of the

United States in and to a parcel of real property, including any imVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00470 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.155 pfrm03 PsN: HR945
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provements thereon, consisting of approximately 200 acres at Fort

Polk, Louisiana, for the purpose of permitting the State to establish

a State-run cemetery for veterans.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the State.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2836. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, MINNESOTA.

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

convey, without consideration, to the Winona State University Foundation of Winona, Minnesota (in this section referred to as the

‘‘Foundation’’), all right, title, and interest of the United States in

and to a parcel of real property, including any improvements thereon, in Winona, Minnesota, containing an Army Reserve Center for

the purpose of permitting the Foundation to use the parcel for educational purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Foundation.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

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

convey, without consideration, to Pemberton Township, New Jersey

(in this section referred to as the ‘‘Township’’), all right, title, and

interest of the United States in and to a parcel of real property at

Fort Dix, New Jersey, consisting of approximately 2 acres and containing a parking lot inadvertently constructed on the parcel by the

Township.

(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized

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

(1) the Township accept the property as is; and

(2) the Township assume responsibility for any environmental restoration or remediation required with respect to the

property under applicable law.

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Township.

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

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SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA, PENNSYLVANIA.

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

convey, without consideration, to the Board of Supervisors of Union

Township, Pennsylvania (in this section referred to as the ‘‘Township’’), all right, title, and interest of the United States in and to

a parcel of real property, including any improvements thereon, in

Elrama, Pennsylvania, consisting of approximately 160 acres, which

is known as Nike Site 43 and was more recently used by the Pennsylvania Army National Guard, for the purpose of permitting the

Township to use the parcel for municipal storage and other public

purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Township.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING CENTER, CHATTANOOGA, TENNESSEE.

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

convey, without consideration, to the Medal of Honor Museum, Inc.,

a nonprofit corporation organized in the State of Tennessee (in this

section referred to as the ‘‘Corporation’’), all right, title, and interest

of the United States in and to a parcel of real property, including

any improvements thereon, consisting of approximately 15 acres at

the Army Reserve Local Training Center located on Bonny Oaks

Drive, Chattanooga, Tennessee, for the purpose of permitting the

Corporation to develop and use the parcel as a museum and for

other educational purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Corporation.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS.

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

convey to the City of Copperas Cove, Texas (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 100 acres at Fort Hood, Texas,

in exchange for the City’s conveyance to the Secretary of all right,

title, and interest of the City in and to one or more parcels of real

property that are acceptable to the Secretary and consist of a total

of approximately 300 acres.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the parcels of real property to be exchanged under

subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the City.

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(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

exchange under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.

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

convey, without consideration, to the Commonwealth of Virginia (in

this section referred to as the ‘‘Commonwealth’’), all right, title, and

interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 700

acres at Fort Pickett, Virginia, for the purpose of permitting the

Commonwealth to develop and operate a public safety training facility.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Commonwealth.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2842. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.

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

convey, without consideration, to the City of Seattle, Washington (in

this section referred to as the ‘‘City’’), all right, title, and interest of

the United States in and to the real property at Fort Lawton, Washington, consisting of Area 500 and Government Way from 36th Avenue to Area 500, for purposes of the inclusion of the property in Discovery Park, Seattle, Washington.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary. The cost of

the survey shall be borne by the City.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.

(a) CONVEYANCE OF WEST BARRACKS AUTHORIZED.—The Secretary of the Army may convey, without consideration, to the City

of Vancouver, Washington (in this section referred to as the ‘‘City’’),

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

of real property, including any improvements thereon, encompassing

19 structures at Vancouver Barracks, Washington, which are identified by the Army using numbers between 602 and 676, and are

known as the west barracks.

(b) PURPOSE.—The purpose of the conveyance authorized by

subsection (a) shall be to include the property described in that subsection in the Vancouver National Historic Reserve, Washington.

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the City.

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(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance authorized by subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

PART II—NAVY CONVEYANCES

SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR

STATION, EL TORO, CALIFORNIA.

(a) USE OF CONSIDERATION.—Subsection (a)(2) of section 2811

of the Military Construction Authorization Act for Fiscal Years 1990

and 1991 (division B of Public Law 101–189; 103 Stat. 1650) is

amended by striking ‘‘of additional military family housing units at

Marine Corps Air Station, Tustin, California.’’ and inserting ‘‘and

repair of roads and development of Aerial Port of Embarkation facilities at Marine Corps Air Station, Miramar, California.’’.

(b) CONFORMING AMENDMENT.—The section heading of such

section is amended by striking ‘‘, AND CONSTRUCTION OF FAMILY HOUSING AT MARINE CORPS AIR STATION, TUSTIN,

CALIFORNIA’’.

SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR DISTRICT, PORT HUENEME, CALIFORNIA, TO USE CERTAIN

NAVY PROPERTY.

(a) ADDITIONAL RESTRICTIONS ON JOINT USE.—Subsection (c) of

section 2843 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103–337; 108 Stat. 3067)

is amended to read as follows:

‘‘(c) RESTRICTIONS ON USE.—The District’s use of the property

covered by an agreement under subsection (a) is subject to the following conditions:

‘‘(1) The District shall suspend operations under the agreement upon notification by the commanding officer of the Center

that the property is needed to support mission essential naval

vessel support requirements or Navy contingency operations, including combat missions, natural disasters, and humanitarian

missions.

‘‘(2) The District shall use the property covered by the

agreement in a manner consistent with Navy operations at the

Center, including cooperating with the Navy for the purpose of

assisting the Navy to meet its through-put requirements at the

Center for the expeditious movement of military cargo.

‘‘(3) The commanding officer of the Center may require the

District to remove any of its personal property at the Center

that the commanding officer determines may interfere with

military operations at the Center. If the District cannot expeditiously remove the property, the commanding officer may provide for the removal of the property at District expense.’’.

(b) CONSIDERATION.—Subsection (d) of such section is amended

to read as follows:

‘‘(d) CONSIDERATION.—(1) As consideration for the use of the

property covered by an agreement under subsection (a), the District

shall pay to the Navy an amount that is mutually agreeable to the

parties to the agreement, taking into account the nature and extent

of the District’s use of the property.

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‘‘(2) The Secretary may accept in-kind consideration under

paragraph (1), including consideration in the form of—

‘‘(A) the District’s maintenance, preservation, improvement,

protection, repair, or restoration of all or any portion of the

property covered by the agreement;

‘‘(B) the construction of new facilities, the modification of

existing facilities, or the replacement of facilities vacated by the

Navy on account of the agreement; and

‘‘(C) covering the cost of relocation of the operations of the

Navy from the vacated facilities to the replacement facilities.

‘‘(3) All cash consideration received under paragraph (1) shall

be deposited in the special account in the Treasury established for

the Navy under section 2667(d) of title 10, United States Code. The

amounts deposited in the special account pursuant to this paragraph shall be available, as provided in appropriation Acts, for general supervision, administration, overhead expenses, and Center operations and for the maintenance preservation, improvement, protection, repair, or restoration of property at the Center.’’.

(c) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) by striking subsection (f); and

(2) by redesignating subsections (g) and (h) as subsections

(f) and (g), respectively.

SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS AIR STATION,

MIRAMAR, CALIFORNIA.

(a) TRANSFER AUTHORIZED.—The Secretary of the Navy may

transfer, without reimbursement, to the administrative jurisdiction

of the Secretary of the Interior a parcel of real property, including

any improvements thereon, consisting of approximately 250 acres

and known as the Teacup Parcel, which comprises a portion of the

Marine Corps Air Station, Miramar, California.

(b) USE OF LAND.—The Secretary of the Interior shall include

the real property transferred under subsection (a) in the Vernal Pool

Unit of the San Diego National Wildlife Refuge and administer the

property for the conservation of fish and wildlife. All current and

future military aviation and related activities at the Marine Corps

Air Station, Miramar, are deemed to be compatible with the refuge

purposes for which the property is transferred, and with any secondary uses that may be established on the transferred property.

(c) CONDITION ON TRANSFER.—The transfer authorized under

subsection (a) shall be subject to the condition that the Secretary of

the Interior make the transferred property available to the Secretary

of the Navy for any habitat restoration or preservation project that

may be required for mitigation of military activities occurring at the

Marine Corps Air Station, Miramar, unless the Secretary of the Interior determines that the project will adversely affect the property’s

sensitive wildlife and habitat resource values.

(d) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall

be determined by a survey satisfactory to the Secretary of the Navy.

The cost of the survey shall be borne by the Secretary of the Interior.

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

Navy may require such additional terms and conditions in connection with the transfer under this section as the Secretary of the

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Navy considers appropriate to protect the interests of the United

States.

SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN

DIEGO, CALIFORNIA.

(a) EXCHANGE AUTHORIZED.—The Secretary of the Navy may

convey to the San Diego Unified Port District of San Diego, California (in this section referred to as the ‘‘Port District’’), all right,

title, and interest of the United States in and to three parcels of real

property, including any improvements thereon, consisting of approximately 44.5 acres and comprising a portion of the Marine

Corps Recruit Depot, San Diego, California, in exchange for the Port

District’s—

(1) conveyance to the Secretary of all right, title, and interest of Port District in and to a parcel of real property that is

acceptable to the Secretary and contiguous to the Marine Corps

Recruit Depot; and

(2) construction of suitable replacement facilities and necessary supporting structures on the parcel or other property

comprising the Marine Corps Recruit Depot, as determined necessary by the Secretary.

(b) TIME FOR CONVEYANCE.—The Secretary may not make the

conveyance to the Port District authorized by subsection (a) until the

Secretary determines that the replacement facilities have been constructed and are ready for occupancy.

(c) ADMINISTRATIVE EXPENSES.—The Port District shall reimburse the Secretary for administrative expenses incurred by the Secretary in carrying out the exchange under subsection (a), including

expenses related to the planning, design, survey, environmental compliance, and supervision and inspection of construction of the replacement facilities. Section 2695(c) of title 10, United States Code,

shall apply to the amounts received by the Secretary.

(d) CONSTRUCTION SCHEDULE.—The Port District shall construct the replacement facilitates pursuant to such schedule and in

such a manner so as to not interrupt or adversely affect the capability of the Marine Corps Recruit Depot to accomplish its mission.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the parcels of real property to be exchanged under

subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the Port District.

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

exchange under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA,

FLORIDA.

(a) AUTHORITY TO LEASE.—The Secretary of the Navy may

lease, without consideration, to the Naval Aviation Museum Foundation (in this section referred to as the ‘‘Foundation’’) real property

improvements constructed by the Foundation at the National Museum of Naval Aviation at Naval Air Station, Pensacola, Florida,

for the purpose of permitting the Foundation to operate a National

Flight Academy to encourage and assist American young people to

develop an interest in naval aviation and to preserve and enhance

the image and heritage of naval aviation.

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(b) CONSTRUCTION.—The Foundation shall be solely responsible

for the design and construction of the real property improvements

referred to in subsection (a). Upon completion, the improvements

shall be donated to and become the property of the United States,

subject to the terms of the lease under subsection (a).

(c) TERM OF LEASE.—(1) The lease authorized by subsection (a)

may be for a term of up to 50 years, with an option to renew for

an additional 50 years.

(2) In the event that the National Flight Academy ceases operation for a period in excess of 1 year during the leasehold period,

or any extension thereof, the lease shall immediately terminate without cost or future liability to the United States.

(d) USE BY NAVY.—The Secretary may use all or a portion of

the leased property when the National Flight Academy is not in session or whenever the use of the property would not conflict with operation of the Academy. The Foundation shall permit such use at

no cost to the Navy.

(e) MAINTENANCE AND REPAIR.—The Foundation shall be solely

responsible during the leasehold period, and any extension thereof,

for the operation, maintenance, and repair or replacement of the

real property improvements authorized for lease under this section.

(f) ASSISTANCE.—(1) Subject to subsection (e), the Secretary may

assist the Foundation in implementing the National Flight Academy

by furnishing facilities, utilities, maintenance, and other services

within the boundaries of Naval Air Station, Pensacola. The Secretary may require the Foundation to reimburse the Secretary for

the facilities, utilities, maintenance, or other services so provided or

may provide the facilities, utilities, maintenance, or other services

without reimbursement by the Foundation.

(2) Any assistance provided the Foundation pursuant to paragraph (1) may be terminated by the Secretary without notice, cause,

or liability to the United States.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

lease under subsection (a) as the Secretary considers appropriate to

protect the interests of the United States.

SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA,

FLORIDA.

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

convey to the Tampa Port Authority of Tampa, Florida (in this section referred to as the ‘‘Port Authority’’), all right, title, and interest

of the United States in and to a parcel of real property, including

any improvements thereon, consisting of approximately 2.18 acres

and comprising the Naval Reserve Center, Tampa, Florida, for the

purpose of permitting the Port Authority to use the parcel to facilitate the expansion of the Port of Tampa.

(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized

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

(1) The Port Authority will accept the Naval Reserve Center

as is.

(2) The Port Authority will provide a replacement facility

for the Naval Reserve Center on a site of comparable size and

consisting of comparable improvements on port property or

other public land acceptable to the Secretary. In the event that

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a federally owned site acceptable to the Secretary is not available for the construction of the replacement facility, the Port

Authority will provide a site for the replacement facility acceptable to the Secretary and convey it in fee title to the United

States.

(3) The Port Authority will procure all necessary funding

and the planning and design necessary to construct a replacement facility that is fully operational and satisfies the Base Facilities Requirements plan, as provided by the Naval Reserve.

(4) The Port Authority will bear all reasonable costs that

the Navy may incur in the relocating to the replacement facility.

(c) TIME FOR CONVEYANCE.—The Secretary may not make the

conveyance authorized under subsection (a) until all of the conditions specified in subsection (b) have been met to the satisfaction of

the Secretary.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

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

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL

SUPPLY POINT, CASCO BAY, MAINE.

Section 2839 of the Military Construction Authorization Act for

Fiscal Year 1995 (division B of Public Law 103–337; 108 Stat.

3065) is amended—

(1) by redesignating subsections (c) and (d) as subsections

(d) and (e), respectively; and

(2) by inserting after subsection (b) the following new subsection:

‘‘(c) REPLACEMENT OF REMOVED ELECTRIC UTILITY SERVICE.— (1) The Secretary of Defense shall replace the electric utility service

removed during the course of environmental remediation carried out

with respect to the property to be conveyed under subsection (a), including the procurement and installation of electrical cables, switch

cabinets, and transformers associated with the service.

‘‘(2) As part of the replacement of the electric utility service

under paragraph (1), the Secretary of Defense may, at the request

of the Town, improve the electric utility service and install telecommunications service. The Secretary shall determine, in consultation with the Town, the additional costs that would be associated

with the improvement of the electric utility service and the installation of telecommunications service under this paragraph, and the

Town shall be responsible for the payment of such costs.’’.

SEC. 2853. LAND CONVEYANCE, NAVAL COMPUTER AND TELECOMMUNICATIONS STATION, CUTLER, MAINE.

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

convey, without consideration, to the State of Maine, any political

subdivision of the State of Maine, or any tax-supported agency in

the State of Maine, all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 263 acres located in WashVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00478 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.157 pfrm03 PsN: HR945
449

ington County, Maine, and known as the Naval Computer and Telecommunications Station, Cutler, Maine.

(b) REIMBURSEMENT FOR ENVIRONMENTAL AND OTHER ASSESSMENTS.—(1) The Secretary may require the recipient of the property

conveyed under this section to reimburse the Secretary for the costs

incurred by the Secretary for any environmental assessments and

other studies and analyses carried out by the Secretary with respect

to the property to be conveyed under this section before the conveyance of the property under this section.

(2) The amount of any reimbursement required under paragraph (1) shall be determined by the Secretary and may not exceed

the cost of the assessments, studies, and analyses for which reimbursement is required under that paragraph.

(3) Section 2695(c) of title 10, United States Code, shall apply

to the amounts received by the Secretary.

(c) LEASE OF PROPERTY PENDING CONVEYANCE.—(1) Pending

the conveyance by deed of the property authorized to be conveyed by

subsection (a), the Secretary may enter into one or more leases of the

property.

(2) The Secretary shall deposit any amounts paid under a lease

under paragraph (1) in the appropriation or account providing

funds for the protection, maintenance, or repair of the property, or

for the provision of utility services for the property. Amounts so deposited shall be merged with funds in the appropriation or account

in which deposited, and shall be available for the same purposes,

and subject to the same conditions and limitations, as the funds

with which merged.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary. The cost of

the survey shall be borne by the recipient of the property.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2854. MODIFICATION OF LAND CONVEYANCE AUTHORITY,

FORMER NAVAL TRAINING CENTER, BAINBRIDGE, CECIL

COUNTY, MARYLAND.

Section 1 of Public Law 99–596 (100 Stat. 3349) is amended—

(1) in subsection (a), by striking ‘‘subsections (b) through

(f)’’ and inserting ‘‘subsections (b) through (e)’’;

(2) by striking subsection (b) and inserting the following

new subsection:

‘‘(b) CONSIDERATION.—(1) In the event of the transfer of the

property under subsection (a) to the State of Maryland, the transfer

shall be with consideration or without consideration from the State

of Maryland, at the election of the Secretary.

‘‘(2) If the Secretary elects to receive consideration from the

State of Maryland under paragraph (1), the Secretary may reduce

the amount of consideration to be received from the State of Maryland under that paragraph by an amount equal to the cost, estimated as of the time of the transfer of the property under this section, of the restoration of the historic buildings on the property. The

450

total amount of the reduction of consideration under this paragraph

may not exceed $500,000.’’;

(3) by striking subsection (d); and

(4) by redesignating subsections (e) and (f) as subsections

(d) and (e), respectively.

SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP LEJEUNE,

NORTH CAROLINA.

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

convey to the City of Jacksonville, North Carolina (in this section

referred to as the ‘‘City’’), all right, title, and interest of the United

States in and to a parcel of real property, including any improvements thereon, that is currently leased to Norfolk Southern Corporation and consists of approximately 50 acres, known as the railroad

right-of-way, lying within the City between Highway 24 and Highway 17, at the Marine Corps Base, Camp Lejeune, North Carolina,

for the purpose of permitting the City to develop the parcel for initial use as a bike/green way trail.

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the City shall reimburse the Secretary (in such

amounts as the Secretary may determine) for the expenses incurred

by the Secretary in making the conveyance, including costs related

to planning, design, surveys, environmental assessment and compliance, supervision and inspection of construction, severing and realigning utility systems, and other prudent and necessary actions.

Section 2695(c) of title 10, United States Code, shall apply to the

amounts received by the Secretary.

(c) CONDITION OF CONVEYANCE.—The Secretary may retain

such easements, rights-of-way, and other interests in the property to

be conveyed under subsection (a) and impose such restrictions on

the use of the conveyed property as the Secretary considers necessary

to ensure the effective security, maintenance, and operations of the

Marine Corps Base, Camp Lejeune, North Carolina, and to protect

human health and the environment.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUMBUS, OHIO.

(a) EXCHANGE AUTHORIZED.—The Secretary of the Navy may

convey to the Rickenbacker Port Authority of Columbus, Ohio (in

this section referred to as the ‘‘Authority’’), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 24 acres

comprising the civilian facilities of the Naval Air Reserve at Rickenbacker International Airport in Franklin County, Ohio, in exchange

for the Authority’s conveyance to the Secretary of all right, title, and

interest of the Authority in and to a parcel of real property consisting of approximately 10 to 15 acres acceptable to the Secretary

at Rickenbacker International Airport.

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(b) USE OF ACQUIRED PROPERTY.—The Secretary shall use the

real property acquired from the Authority in the exchange as the site

for a replacement facility that will house both the Naval Air Reserve

Center at Rickenbacker International Airport and the Naval and

Marine Corps Reserve Center currently located in Columbus, Ohio.

(c) TIME FOR CONVEYANCE.—The Secretary may not make the

conveyance to the Authority authorized by subsection (a) until the

Secretary determines that the replacement facility described in subsection (b) has been constructed and is ready for occupancy.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the parcels of real property to be exchanged under

subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of the surveys shall be borne by the Authority.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

exchange under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCE, NAVAL STATION, BREMERTON, WASHINGTON.

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

convey to the City of Bremerton, Washington (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 45.8 acres and comprising the

former East Park Transient Family Accommodations, which was an

off-site housing facility for Naval Station, Bremerton, Washington.

(b) CONSIDERATION.—(1) The conveyance under subsection (a)

may be made without consideration to the extent the real property

to be conveyed will be used by the City, directly or through an agreement with a public or private entity, for public health, public safety,

education, affordable housing, or public recreation.

(2) If the City intends to use a portion of the conveyed property

for a purpose not specified in paragraph (1), the City shall pay to

the United States an amount equal to the fair market value of that

portion of the property. The fair market value shall be determined

by an appraisal acceptable to the Secretary.

(c) ADMINISTRATIVE EXPENSES.—The City shall reimburse the

Secretary for administrative expenses incurred by the Secretary in

carrying out the conveyance under subsection (a), including expenses

related to planning, design, survey, environmental compliance, and

other prudent and necessary actions. Section 2695(c) of title 10,

United States Code, shall apply to the amounts received by the Secretary.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

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PART III—AIR FORCE CONVEYANCES

SEC. 2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, CALIFORNIA.

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

may convey, by sale or lease upon such terms as the Secretary considers appropriate, all or any portion of the following parcels of real

property, including any improvements thereon, at Los Angeles Air

Force Base, California:

(1) Approximately 42 acres in El Segundo, California, commonly known as Area A.

(2) Approximately 52 acres in El Segundo, California, commonly known as Area B.

(3) Approximately 13 acres in Hawthorne, California, commonly known as the Lawndale Annex.

(4) Approximately 3.7 acres in Sun Valley, California, commonly known as the Armed Forces Radio and Television Service Broadcast Center.

(b) CONSIDERATION.—As consideration for the conveyance of

real property under subsection (a), the recipient of the property shall

provide for the design and construction on real property acceptable

to the Secretary of one or more facilities to consolidate the mission

and support functions at Los Angeles Air Force Base. Any such facility must comply with the seismic and safety design standards for

Los Angeles County, California, in effect at the time the Secretary

takes possession of the facility.

(c) LEASEBACK AUTHORITY.—If the fair market value of a facility to be provided as consideration for the conveyance of real property under subsection (a) exceeds the fair market value of the conveyed property, the Secretary may enter into a lease for the facility

for a period not to exceed 10 years. Rental payments under the lease

shall be established at the rate necessary to permit the lessor to recover, by the end of the lease term, the difference between the fair

market value of a facility and the fair market value of the conveyed

property. At the end of the lease, all right, title, and interest in the

facility shall vest in the United States.

(d) APPRAISAL OF PROPERTY.—The Secretary shall obtain an

appraisal of the fair market value of all property and facilities to

be sold, leased, or acquired under this section. An appraisal shall

be made by a qualified appraiser familiar with the type of property

to be appraised. The Secretary shall consider the appraisals in determining whether a proposed conveyance accomplishes the purpose

of this section and is in the interest of the United States. Appraisal

reports shall not be released outside of the Federal Government,

other than to the other party to a conveyance.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of real property to be conveyed under subsection (a) or

acquired under subsection (b) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the

recipient of the property.

(f) EXEMPTION.—Section 2696 of title 10, United States Code,

does not apply to the conveyance authorized by subsection (a).

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with a

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conveyance under subsection (a) or a lease under subsection (c) as

the Secretary considers appropriate to protect the interests of the

United States.

SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION,

CALIFORNIA.

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

may convey, without consideration, to Mendocino County, California

(in this section referred to as the ‘‘County’’), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 82

acres at the Point Arena Air Force Station, California, for the purpose of permitting the County to use the parcel for municipal and

other public purposes.

(b) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the County—

(1) use the conveyed property, directly or through an agreement with a public or private entity, for municipal and other

public purposes;

(2) convey the property to an appropriate public or private

entity that will use the conveyed property for such purposes; or

(3) convey the property by sale or exchange and—

(A) if conveyed by exchange, use the property acquired

in the exchange for such purposes; or

(B) if conveyed by sale, use the proceeds to acquire

property that will be used for such purposes.

(c) CONSIDERATION.—If the Secretary determines at any time

that the County, or a public or private entity to which the property

is reconveyed as authorized by paragraph (2) of subsection (b), has

failed to comply with the conditions specified in such subsection, the

County shall pay the United States an amount equal to the fair

market value of the property conveyed under subsection (a), as determined by an appraisal satisfactory to the Secretary.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the County.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2863. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.

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

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

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

and interest of the United States in and to seven parcels of real

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

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

furtherance of economic development and other public purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of real property to be conveyed or leased under subVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00483 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.159 pfrm03 PsN: HR945
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section (a) shall be determined by a survey satisfactory to the Secretary. The cost of the survey shall be borne by the Authority.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with a

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

appropriate to protect the interests of the United States.

SEC. 2864. LAND CONVEYANCE, WRIGHT PATTERSON AIR FORCE BASE,

OHIO.

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

may convey, without consideration, to Greene County, Ohio (in this

section referred to as the ‘‘County’’), all right, title, and interest of

the United States in and to a parcel of real property, including any

improvements thereon, consisting of approximately 92 acres comprising the communications test annex at Wright Patterson Air

Force Base, Ohio, for the purpose of permitting the County to use

the parcel for recreational purposes.

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the County.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2865. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR

FORCE BASE, SOUTH DAKOTA.

(a) CHANGE IN RECIPIENT.—Subsection (a) of section 2863 of the

Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 2010) is amended by striking ‘‘Greater Box Elder Area Economic Development Corporation,

Box Elder, South Dakota (in this section referred to as the ‘Corporation’)’’ and inserting ‘‘West River Foundation for Economic and

Community Development, Sturgis, South Dakota (in this section referred to as the ‘Foundation’)’’.

(b) CONFORMING AMENDMENTS.—Such section is further

amended by striking ‘‘Corporation’’ each place it appears in subsections (c) and (e) and inserting ‘‘Foundation’’.

SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT,

WASHINGTON.

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

may convey, without consideration, to the Port of Everett, Washington (in this section referred to as the ‘‘Port’’), all right, title, and

interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 22

acres and known as the Mukilteo Tank Farm for the purpose of permitting the Port to use the parcel for the development and operation

of a port facility and for other public purposes.

(b) PERSONAL PROPERTY.—The Secretary of the Air Force may

include as part of the conveyance authorized by subsection (a) any

personal property at the Mukilteo Tank Farm that is excess to the

needs of the Air Force if the Secretary of Transportation determines

that such personal property is appropriate for the development or

operation of the Mukilteo Tank Farm as a port facility.

455

(c) INTERIM LEASE.—(1) Until such time as the real property described in subsection (a) is conveyed by deed, the Secretary of the

Air Force may lease all or part of the real property to the Port if

the Secretary determines that the real property is suitable for lease

and the lease of the property under this subsection will not interfere

with any environmental remediation activities or schedules under

applicable law or agreements.

(2) The determination under paragraph (1) whether the lease of

the real property will interfere with environmental remediation activities or schedules referred to in that paragraph shall be based

upon an environmental baseline survey conducted in accordance

with applicable Air Force regulations and policy.

(3) Except as provided by paragraph (4), as consideration for

the lease under this subsection, the Port shall pay the Secretary an

amount equal to the fair market of the lease, as determined by the

Secretary.

(4) The amount of consideration paid by the Port for the lease

under this subsection may be an amount, as determined by the Secretary, less than the fair market value of the lease if the Secretary

determines that—

(A) the public interest will be served by an amount of consideration for the lease that is less than the fair market value

of the lease; and

(B) payment of an amount equal to the fair market value

of the lease is unobtainable.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under subsection (a) shall

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

Force and the Port.

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

Air Force, in consultation with the Secretary of Transportation, may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary of the Air Force

considers appropriate to protect the interests of the United States.

PART IV—OTHER CONVEYANCES

SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE

SERVICE PROPERTY, FARMERS BRANCH, TEXAS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of Defense may

authorize the Army and Air Force Exchange Service, which is a

nonappropriated fund instrumentality of the United States, to sell

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

of real property, including improvements thereon, that is located at

2727 LBJ Freeway in Farmers Branch, Texas.

(b) CONSIDERATION.—As consideration for conveyance under

subsection (a), the purchaser shall pay, in a single lump sum payment, an amount equal to the fair market value of the real property

conveyed, as determined by the Secretary. The payment shall be

handled in the manner provided in section 204(c) of the Federal

Property and Administrative Services Act of 1949 (40 U.S.C. 485(c)).

(c) CONGRESSIONAL REPORT.—Within 30 days after the sale of

the property under subsection (a), the Secretary shall submit to Congress a report detailing the particulars of the sale.

456

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the purchaser.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL GROUND INTELLIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA.

(a) CONVEYANCE AUTHORIZED.—The Administrator of General

Services may convey, without consideration, to the City of Charlottesville, Virginia (in this section referred to as the ‘‘City’’), all

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

real property, including any improvements thereon, formerly occupied by the National Ground Intelligence Center and known as the

Jefferson Street Property, for the purpose of permitting the City to

use the parcel, directly or through an agreement with a public or

private entity, for economic development purposes.

(b) AUTHORITY TO CONVEY WITHOUT CONSIDERATION.—The

conveyance authorized by subsection (a) may be made without consideration if the Administrator determines that conveyance on that

basis would be in the best interests of the United States.

(c) REVERSIONARY INTEREST.—During the five-year period beginning on the date the Administrator makes the conveyance authorized by subsection (a), if the Administrator determines that the

conveyed real property is not being used in accordance with the purpose specified in such subsection, all right, title, and interest in and

to the property, including any improvements thereon, may upon the

election of the Administrator revert to the United States, and upon

such reversion the United States shall have the right of immediate

entry onto the property.

(d) LIMITATION ON CERTAIN SUBSEQUENT CONVEYANCES.—(1)

Subject to paragraph (2), if at any time after the Administrator

makes the conveyance authorized by subsection (a) the City conveys

any portion of the parcel conveyed under that subsection to a private

entity, the City shall pay to the United States an amount equal to—

(A) the fair market value (as determined by the Administrator) of the portion conveyed at the time of the conveyance;

less

(B) the cost of any improvements to the property made by

the City.

(2) Paragraph (1) applies to a conveyance described in such

paragraph only if the Administrator makes the conveyance authorized by subsection (a) without consideration.

(3) The Administrator shall deposit any amounts paid the

United States under this subsection into the fund established by section 210(f) of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 490(f)). Any amounts so deposited shall be available to the Administrator for real property management and related

activities as provided for under paragraph (2) of such section.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection (a)

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shall be determined by a survey satisfactory to the Administrator.

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

(f) ADDITIONAL TERMS AND CONDITIONS.—The Administrator

may require such additional terms and conditions in connection

with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interests of the United States.

Subtitle E—Other Matters

SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARKLAND, MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.

Section 2851 of the Military Construction Authorization Act for

Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.

2219) is amended by adding at the end the following new subsection:

‘‘(f) EXEMPTION FOR CERTAIN LEASED LANDS.—(1) Section 303

of title 49, and section 138 of title 23, United States Code, shall not

apply to any approval by the Secretary of Transportation of the use

by State Route 241 of parkland within Camp Pendleton that is

leased by the State of California, where the lease reserved to the

United States the right to establish rights-of-way.

‘‘(2) The Agency shall be responsible for the implementation of

any measures required by the Secretary of Transportation to mitigate the impact of the Agency’s use of parkland within Camp Pendleton for State Route 241. With the exception of those mitigation

measures directly related to park functions, the measures shall be

located outside the boundaries of Camp Pendleton. The required

mitigation measures related to park functions shall be implemented

in accordance with the terms of the lease referred to in paragraph

(1).’’.

SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE

OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND UTILITY

SERVICES FROM LOCAL GOVERNMENT AGENCIES.

Section 816(c) of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2820), as added

by section 2873 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

2225), is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.

SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF

THIRD BUILDING AT UNITED STATES AIR FORCE MUSEUM,

WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

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

may accept from the Air Force Museum Foundation, a private nonprofit foundation, gifts in the form of cash, Treasury instruments,

or comparable United States Government securities for the purpose

of paying the costs of design and construction of a third building

for the United States Air Force Museum at Wright-Patterson Air

Force Base, Ohio. The terms of the gift may specify that all or a

part of the amount of the gift be utilized solely for purposes of the

design and construction of a particular portion of the building.

(b) DEPOSIT IN ESCROW ACCOUNT.—The Secretary, acting

through the Comptroller of the Air Force Materiel Command, shall

deposit the amount of any cash, instruments, or securities accepted

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as a gift under subsection (a) in an escrow account established for

that purpose.

(c) INVESTMENT.—Amounts in the escrow account under subsection (b) not required to meet current requirements of the account

shall be invested in public debt securities with maturities suitable

to the needs of the account, as determined by the Comptroller of the

Air Force Materiel Command, and bearing interest at rates that

take into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities.

The income on such investments shall be credited to and form a

part of the account.

(d) UTILIZATION.—(1) Amounts in the escrow account under

subsection (b), including any income on investments of such

amounts under subsection (c), that are attributable to a particular

portion of the building described in subsection (a) shall be utilized

by the Comptroller of the Air Force Materiel Command to pay the

costs of the design and construction of such portion of the building,

including progress payments for such design and construction.

(2) Subject to paragraph (3), amounts shall be payable under

paragraph (1) upon receipt by the Comptroller of the Air Force Materiel Command of a notification from an appropriate officer or employee of the Corps of Engineers that such amounts are required for

the timely payment of an invoice or claim for the performance of design or construction activities for which such amounts are payable

under paragraph (1).

(3) The Comptroller of the Air Force Materiel Command shall,

to the maximum extent practicable consistent with good business

practice, limit payment of amounts from the account in order to

maximize the return on investment of amounts in the account.

(e) LIMITATION ON CONTRACTS.—The Corps of Engineers may

not enter into a contract for the design or construction of a particular portion of the building described in subsection (a) until

amounts in the escrow account under subsection (b), including any

income on investments of such amounts under subsection (c), that

are attributable to such portion of the building are sufficient to

cover the amount of such contract.

(f) LIQUIDATION OF ESCROW ACCOUNT.—Upon final payment of

all invoices and claims associated with the design and construction

of the building described in subsection (a), the Secretary of the Air

Force shall terminate the escrow account under subsection (b). Any

amounts in the account upon final payment of invoices and claims

shall be available to the Secretary for such purposes as the Secretary considers appropriate.

SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT

MARINE CORPS BASE, QUANTICO, VIRGINIA.

(a) AUTHORITY TO ENTER INTO JOINT VENTURE FOR DEVELOPMENT.—The Secretary of the Navy may enter into a joint venture

with the Marine Corps Heritage Foundation, a not-for-profit entity,

for the design and construction of a multipurpose facility to be used

for historical displays for public viewing, curation, and storage of

artifacts, research facilities, classrooms, offices, and associated activities consistent with the mission of the Marine Corps University.

The facility shall be known as the Marine Corps Heritage Center.

459

(b) AUTHORITY TO ACCEPT CERTAIN LAND.—(1) The Secretary

may, if the Secretary determines it to be necessary for the facility

described in subsection (a), accept without compensation any portion of the land known as Locust Shade Park which is now offered

by the Park Authority of the County of Prince William, Virginia, as

a potential site for the facility.

(2) The Park Authority may convey the land described in paragraph (1) to the Secretary under this section without regard to any

limitation on its use, or requirement for its replacement upon conveyance, under section 6(f)(3) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)) or under any other provision of law.

(c) DESIGN AND CONSTRUCTION.—For each phase of development of the facility described in subsection (a), the Secretary may—

(1) permit the Marine Corps Heritage Foundation to contract for the design, construction, or both of such phase of development; or

(2) accept funds from the Marine Corps Heritage Foundation for the design, construction, or both of such phase of development.

(d) ACCEPTANCE AUTHORITY.—Upon completion of construction

of any phase of development of the facility described in subsection

(a) by the Marine Corps Heritage Foundation to the satisfaction of

the Secretary, and the satisfaction of any financial obligations incident thereto by the Marine Corps Heritage Foundation, the facility

shall become the property of the Department of the Navy with all

right, title, and interest in and to facility being in the United States.

(e) LEASE OF FACILITY.—(1) The Secretary may lease, under

such terms and conditions as the Secretary considers appropriate

for the joint venture authorized by subsection (a), portions of the facility developed under that subsection to the Marine Corps Heritage

Foundation for use in generating revenue for activities of the facility

and for such administrative purposes as may be necessary for support of the facility.

(2) The amount of consideration paid the Secretary by the Marine Corps Heritage Foundation for the lease under paragraph (1)

may not exceed an amount equal to the actual cost (as determined

by the Secretary) of the operation of the facility.

(3) Notwithstanding any other provision of law, the Secretary

shall use amounts paid under paragraph (2) to cover the costs of operation of the facility.

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with the

joint venture authorized by subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT FALLON

NAVAL AIR STATION, NEVADA.

(a) IN GENERAL.—The Secretary of the Navy shall, in consultation with the Secretary of the Army acting through the Chief of Engineers, carry out appropriate activities after examination of the potential environmental and flight safety ramifications for irrigation

that has been eliminated, or will be eliminated, for the greenbelt at

Fallon Naval Air Station, Nevada. Any activities carried out under

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the preceding sentence shall be consistent with aircrew safety at

Fallon Naval Air Station.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for operation and maintenance for the

Navy such sums as may be necessary to carry out the activities required by subsection (a).

SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM.

(a) ESTABLISHMENT REQUIRED.—The Secretary of Defense shall

establish on Federal lands near the Fena Caves in Guam a suitable

memorial intended to honor those Guamanian civilians who were

killed during the occupation of Guam during World War II and to

commemorate the liberation of Guam by the United States Armed

Forces in 1944.

(b) MAINTENANCE OF MEMORIAL.—The Secretary of Defense

shall be responsible for the maintenance of the memorial established

pursuant to subsection (a).

(c) CONSULTATION.—In designing and building the memorial

and selecting the specific location for the memorial, the Secretary of

Defense shall consult with the American Battle Monuments Commission established under chapter 21 of title 36, United States

Code.

SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN

ATOLL AS THE RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE AT KWAJALEIN ATOLL.

The United States Army missile testing range located at Kwajalein Atoll in the Marshall Islands shall after the date of the enactment of this Act be known and designated as the ‘‘Ronald Reagan

Ballistic Missile Defense Test Site at Kwajalein Atoll’’. Any reference

to that range in any law, regulation, map, document, record, or

other paper of the United States shall be considered to be a reference to 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.

The building at 8725 John J. Kingman Road, Fort Belvoir, Virginia, shall be known and designated as the ‘‘Andrew T. McNamara

Building’’. Any reference to that building in any law, regulation,

map, document, record, or other paper of the United States shall be

considered to be a reference to the Andrew T. McNamara Building.

SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO,

CALIFORNIA, IN HONOR OF BOB WILSON, A FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES.

The Balboa Naval Hospital in San Diego, California, shall be

known and designated as the ‘‘Bob Wilson Naval Hospital’’. Any reference to the Balboa Naval Hospital in any law, regulation, map,

document, record, or other paper of the United States shall be considered to be a reference to the Bob Wilson Naval Hospital.

SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE OF EXPANSION OF NATIONAL TRAINING CENTER, FORT IRWIN, CALIFORNIA.

(a) FINDINGS.—Congress makes the following findings:

(1) The National Training Center at Fort Irwin, California,

is the Army’s premier warfare training center.

461

(2) The National Training Center was cited by General

Norman Schwarzkopf as being instrumental to the success of

the allied victory in the Persian Gulf conflict.

(3) The National Training Center gives a military unit the

opportunity to use high-tech equipment and confront realistic

opposing forces in order to accurately discover the unit’s

strengths and weaknesses.

(4) The current size of the National Training Center is insufficient in light of the advanced equipment and technology required for modern warfare training.

(5) The expansion of the National Training Center to include additional lands would permit military units and members of the Armed Forces to adequately prepare for future conflicts and various warfare scenarios they may encounter

throughout the world.

(6) Additional lands for the expansion of the National

Training Center are presently available in the California desert.

(7) The expansion of the National Training Center is a top

priority of the Army and the Office of the Secretary of Defense.

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

prompt expansion of the National Training Center is vital to the national security interests of the United States.

SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT

MELROSE RANGE, NEW MEXICO, AND YAKIMA TRAINING

CENTER, WASHINGTON.

(a) FINDINGS.—Congress makes the following findings:

(1) The Secretary of the Air Force seeks the transfer of

6,713 acres of public domain land within the Melrose Range,

New Mexico, from the Department of the Interior to the Department of the Air Force for the continued use of these lands as

a military range.

(2) The Secretary of the Army seeks the transfer of 6,640

acres of public domain land within the Yakima Training Center, Washington, from the Department of the Interior to the Department of the Army for military training purposes.

(3) The transfers provide the Department of the Air Force

and the Department of the Army with complete land management control of these public domain lands to allow for effective

land management, minimize safety concerns, and ensure meaningful training.

(4) The Department of the Interior concurs with the land

transfers at Melrose Range and Yakima Training Center.

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

land transfers at Melrose Range, New Mexico, and Yakima Training Center, Washington, will support military training, safety, and

land management concerns on the lands subject to transfer.

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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS 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.

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 post-shipment

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.

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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.

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 government-owned,

contractor-operated laboratories.

Sec. 3197. Office of Arctic Energy.

Subtitle A—National Security Programs

Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for the activities of the National

Nuclear Security Administration in carrying out programs necessary for national security in the amount of $6,422,356,000, to be

allocated as follows:

(1) WEAPONS ACTIVITIES.—For weapons activities,

$4,840,289,000, to be allocated as follows:

(A) For stewardship, $4,505,545,000, to be allocated as

follows:

(i) For directed stockpile work, $862,603,000.

(ii) For campaigns, $2,054,014,000, to be allocated

as follows:

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(I) For operation and maintenance, $1,639,682,000.

(II) For construction, $414,332,000, to be allocated as follows:

Project 01–D–101, distributed information

systems laboratory, Sandia National Laboratories, Livermore, California, $2,300,000.

Project 00–D–103, terascale simulation facility, Lawrence Livermore National Laboratory, Livermore, California, $5,000,000.

Project 00–D–105, strategic computing

complex, Los Alamos National Laboratory, Los

Alamos, New Mexico, $56,000,000.

Project 00–D–107, joint computational engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $6,700,000.

Project 98–D–125, tritium extraction facility, Savannah River Plant, Aiken, South Carolina, $75,000,000.

Project 98–D–126, accelerator production of tritium, various locations, $25,000,000.

Project 97–D–102, dual-axis radiographic

hydrotest facility, Los Alamos National Laboratory, Los Alamos, New Mexico,

$35,232,000.

Project 96–D–111, national ignition facility (NIF), Lawrence Livermore National Laboratory, Livermore, California, $209,100,000.

(iii) For readiness in technical base and facilities, $1,588,928,000, to be allocated as follows:

(I) For operation and maintenance, $1,429,087,000.

(II) For plant projects (including maintenance,

restoration, planning, construction, acquisition,

modification of facilities, and the continuation of

projects authorized in prior years, and land acquisition related thereto), $159,841,000, to be allocated as follows:

Project 01–D–103, preliminary project design and engineering, various locations,

$14,500,000.

Project 01–D–124, highly enriched uranium (HEU) materials storage facility, Y–12

Plant, Oak Ridge, Tennessee, $17,800,000.

Project 01–D–126, weapons evaluation test

laboratory, Pantex Plant, Amarillo, Texas,

$3,000,000.

Project 99–D–103, isotope sciences facilities, Lawrence Livermore National Laboratory,

Livermore, California, $5,000,000.

Project 99–D–104, protection of real property (roof reconstruction, phase II), Lawrence

Livermore National Laboratory, Livermore,

California, $2,800,000.

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Project 99–D–106, model validation and

system certification center, Sandia National

Laboratories, Albuquerque, New Mexico,

$5,200,000.

Project 99–D–108, renovate existing road- ways, Nevada Test Site, Nevada, $2,000,000.

Project 99–D–125, replace boilers and controls, Kansas City Plant, Kansas City, Missouri, $13,000,000.

Project 99–D–127, stockpile management

restructuring initiative, Kansas City plant,

Kansas City, Missouri, $23,765,000.

Project 99–D–128, stockpile management

restructuring initiative, Pantex Plant, Amarillo, Texas, $4,998,000.

Project 99–D–132, stockpile management

restructuring initiative, nuclear material safeguards and security upgrades project, Los Alamos National Laboratory, Los Alamos, New

Mexico, $18,043,000.

Project 98–D–123, stockpile management

restructuring initiative, tritium facility modernization and consolidation, Savannah River

Plant, Aiken, South Carolina, $30,767,000.

Project 97–D–123, structural upgrades,

Kansas City Plant, Kansas City, Missouri,

$2,918,000.

Project 95–D–102, chemistry and metallurgy research (CMR) upgrades project, Los

Alamos National Laboratory, Los Alamos,

New Mexico, $13,337,000.

Project 88–D–123, security enhancements, Pantex Plant, Amarillo, Texas, $2,713,000.

(B) For secure transportation asset, $115,673,000, to be

allocated as follows:

(i) For operation and maintenance, $79,357,000.

(ii) For program direction, $36,316,000.

(C) For program direction, $219,071,000.

(2) DEFENSE NUCLEAR NONPROLIFERATION.—For other nuclear security activities, $877,467,000, to be allocated as follows:

(A) For nonproliferation and verification research and

development, $252,990,000, to be allocated as follows:

(i) For operation and maintenance, $245,990,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related

thereto), $7,000,000, to be allocated as follows:

Project 00–D–192, nonproliferation and international security center (NISC), Los Alamos National Laboratory, Los Alamos, New Mexico,

$7,000,000.

(B) For arms control, $320,560,000, to be allocated as

follows:

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(i) For arms control operations, $285,370,000.

(ii) For highly enriched uranium transparency implementation, $15,190,000.

(iii) For international nuclear safety, $20,000,000.

(C) For fissile materials control and disposition,

$252,449,000, to be allocated as follows:

(i) For operation and maintenance, $175,517,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related

thereto), $76,932,000, to be allocated as follows:

Project 01–D–407, highly enriched uranium

blend-down, Savannah River Site, Aiken, South

Carolina, $27,932,000.

Project 00–D–142, immobilization and associated processing facility (Title I and II design), Savannah River Site, Aiken, South Carolina,

$3,000,000.

Project 99–D–141, pit disassembly and conversion facility (Title I and II design), Savannah

River Site, Aiken, South Carolina, $20,000,000.

Project 99–D–143, mixed oxide fuel fabrication

facility (Title I and II design), Savannah River

Site, Aiken, South Carolina, $26,000,000.

(D) For program direction, $51,468,000.

(3) NAVAL REACTORS.—For naval reactors, $694,600,000, to

be allocated as follows:

(A) For naval reactors development, $673,200,000, to be

allocated as follows:

(i) For operation and maintenance, $644,500,000.

(ii) For general plant projects, $11,400,000.

(iii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related

thereto), $17,300,000, to be allocated as follows:

Project 01–D–200, major office replacement

building, Schenectady, New York, $1,300,000.

Project 90–N–102, expended core facility dry

cell project, Naval Reactors Facility, Idaho,

$16,000,000.

(B) For program direction, $21,400,000.

(4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY.—

For the Office of the Administrator for Nuclear Security, for

program direction, $10,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

MANAGEMENT.

(a) IN GENERAL.—Subject to subsection (b), funds are hereby

authorized to be appropriated to the Department of Energy for fiscal

year 2001 for environmental restoration and waste management activities in carrying out programs necessary for national security in

the amount of $6,058,009,000, to be allocated as follows:

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(1) CLOSURE PROJECTS.—For closure projects carried out in

accordance with section 3143 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.

2836; 42 U.S.C. 7277n), $1,082,297,000.

(2) SITE/PROJECT COMPLETION.—For site completion and

project completion in carrying out environmental management

activities necessary for national security programs,

$941,719,000, to be allocated as follows: (A) For operation and maintenance, $900,175,000.

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior

years, and land acquisition related thereto), $41,544,000, to

be allocated as follows:

Project 01–D–402, Intec cathodic protection system

expansion, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $500,000.

Project 99–D–402, tank farm support services,

F&H areas, Savannah River Site, Aiken, South Carolina, $7,714,000.

Project 99–D–404, health physics instrumentation

laboratory, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $4,300,000.

Project 98–D–453, plutonium stabilization and

handling system for plutonium finishing plant, Richland, Washington, $1,690,000.

Project 97–D–470, regulatory monitoring and bioassay laboratory, Savannah River Site, Aiken, South

Carolina, $3,949,000.

Project 96–D–471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, Savannah River Site, Aiken, South Carolina,

$12,512,000.

Project 92–D–140, F&H canyon exhaust upgrades,

Savannah River Site, Aiken, South Carolina,

$8,879,000.

Project 86–D–103, decontamination and waste

treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000.

(3) POST-2006 COMPLETION.—For post-2006 completion in

carrying out environmental restoration and waste management

activities necessary for national security programs,

$3,432,457,000, to be allocated as follows:

(A) For operation and maintenance, $2,691,106,000.

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior

years, and land acquisition related thereto), $27,212,000, to

be allocated as follows:

Project 93–D–187, high-level waste removal from

filled waste tanks, Savannah River Site, Aiken, South

Carolina, $27,212,000.

(C) For the Office of River Protection in carrying out

environmental restoration and waste management activities

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necessary for national security programs, $714,139,000, to

be allocated as follows:

(i) For operation and maintenance, $309,619,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior years, and land acquisition related

thereto), $404,520,000, to be allocated as follows:

Project 01–D–416, Tank Waste Remediation

System privatization phase I, Richland, Washington, $332,000,000.

Project 01–D–403, immobilized high-level

waste interim storage facility, Richland, Washington, $1,300,000.

Project 99–D–403, privatization phase I infrastructure support, Richland, Washington,

$7,812,000.

Project 97–D–402, tank farm restoration and

safe operations, Richland, Washington,

$46,023,000.

Project 94–D–407, initial tank retrieval systems, Richland, Washington, $17,385,000.

(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—For science

and technology development in carrying out environmental restoration and waste management activities necessary for national security programs, $246,548,000.

(5) PROGRAM DIRECTION.—For program direction in carrying out environmental restoration and waste management activities necessary for national security programs, $354,988,000.

(b) ADJUSTMENT.—The total amount authorized to be appropriated by subsection (a) is the sum of the amounts authorized to

be appropriated by paragraphs (1) through (5) of that subsection, reduced by $84,317,000, to be derived from offsets and use of prior

year balances.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for other

defense activities in carrying out programs necessary for national

security in the amount of $543,822,000, to be allocated as follows:

(1) INTELLIGENCE.—For intelligence, $38,059,000, to be allocated as follows:

(A) For operation and maintenance, $36,059,000.

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects authorized in prior

years, and land acquisition related thereto), $2,000,000, to

be allocated as follows:

Project 01–D–800, Sensitive compartmented information facility, Lawrence Livermore National Laboratory, Livermore, California, $2,000,000.

(2) COUNTERINTELLIGENCE.—For counterintelligence,

$45,200,000.

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(3) SECURITY AND EMERGENCY OPERATIONS.—For security

and emergency operations, $284,076,000, to be allocated as follows:

(A) For nuclear safeguards and security, $124,409,000.

(B) For security investigations, $33,000,000.

(C) For emergency management, $37,300,000.

(D) For program direction, $89,367,000.

(4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE.—For independent oversight and performance assurance,

$14,937,000.

(5) ENVIRONMENT, SAFETY, AND HEALTH.—For the Office of

Environment, Safety, and Health, $134,050,000, to be allocated

as follows:

(A) For environment, safety, and health (defense),

$86,446,000.

(B) For the Energy Employees Occupational Illness

Compensation initiative, $25,000,000.

(C) For program direction, $22,604,000.

(6) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For

worker and community transition assistance, $24,500,000, to be

allocated as follows:

(A) For worker and community transition, $21,500,000.

(B) For program direction, $3,000,000.

(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of

Hearings and Appeals, $3,000,000.

(b) ADJUSTMENTS.—The amount authorized to be appropriated

pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to reflect

an offset provided by user organizations for security investigations.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for privatization initiatives in carrying out environmental restoration and

waste management activities necessary for national security programs in the amount of $90,092,000, to be allocated as follows:

Project 98–PVT–2, spent nuclear fuel dry storage, Idaho

Falls, Idaho, $25,092,000.

Project 97–PVT–2, advanced mixed waste treatment project

Idaho Falls, Idaho, $65,000,000.

(b) EXPLANATION OF ADJUSTMENT.—The amount authorized to

be appropriated pursuant to subsection (a) is the sum of the

amounts authorized to be appropriated for the projects in that subsection reduced by $90,092,000 for use of prior year balances of

funds for defense environmental management privatization.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2001 for payment to the Nuclear

Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $112,000,000.

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Subtitle B—Recurring General Provisions

SEC. 3121. REPROGRAMMING.

(a) IN GENERAL.—Until the Secretary of Energy submits to the

congressional defense committees the report referred to in subsection

(b) and a period of 30 days has elapsed after the date on which such

committees receive the report, the Secretary may not use amounts

appropriated pursuant to this title for any program—

(1) in amounts that exceed, in a fiscal year—

(A) 110 percent of the amount authorized for that program by this title; or (B) $1,000,000 more than the amount authorized for

that program by this title; or

(2) which has not been presented to, or requested of, Congress.

(b) REPORT.—(1) The report referred to in subsection (a) is a report containing a full and complete statement of the action proposed

to be taken and the facts and circumstances relied upon in support

of the proposed action.

(2) In the computation of the 30-day period under subsection

(a), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3

days to a day certain.

(c) LIMITATIONS.—(1) In no event may the total amount of funds

obligated pursuant to this title exceed the total amount authorized

to be appropriated by this title.

(2) Funds appropriated pursuant to this title may not be used

for an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

(a) IN GENERAL.—The Secretary of Energy may carry out any

construction project under the general plant projects authorized by

this title if the total estimated cost of the construction project does

not exceed $5,000,000.

(b) REPORT TO CONGRESS.—If, at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $5,000,000, the

Secretary shall immediately furnish a report to the congressional

defense committees explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) IN GENERAL.—(1) Except as provided in paragraph (2), construction on a construction project may not be started or additional

obligations incurred in connection with the project above the total

estimated cost, whenever the current estimated cost of the construction project, authorized by 3101, 3102, or 3103, or which is in support of national security programs of the Department of Energy and

was authorized by any previous Act, exceeds by more than 25 percent the higher of—

(A) the amount authorized for the project; or

(B) the amount of the total estimated cost for the project as

shown in the most recent budget justification data submitted to

Congress.

(2) An action described in paragraph (1) may be taken if—

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(A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the circumstances making such action necessary; and

(B) a period of 30 days has elapsed after the date on which

the report is received by the committees.

(3) In the computation of the 30-day period under paragraph

(2), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3

days to a day certain.

(b) EXCEPTION.—Subsection (a) does not apply to a construction

project with a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary of

Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to this title to other Federal agencies

for the performance of work for which the funds were authorized.

Funds so transferred may be merged with and be available for the

same purposes and for the same time period as the authorizations

of the Federal agency to which the amounts are transferred.

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject to

paragraph (2), the Secretary of Energy may transfer funds authorized to be appropriated to the Department of Energy pursuant to

this title between any such authorizations. Amounts of authorizations so transferred may be merged with and be available for the

same purposes and for the same period as the authorization to

which the amounts are transferred.

(2) Not more than 5 percent of any such authorization may be

transferred between authorizations under paragraph (1). No such

authorization may be increased or decreased by more than 5 percent

by a transfer under such paragraph.

(c) LIMITATIONS.—The authority provided by this section to

transfer authorizations—

(1) may be used only to provide funds for items relating to

activities necessary for national security programs that have a

higher priority than the items from which the funds are transferred; and

(2) may not be used to provide funds for an item for which

Congress has specifically denied funds.

(d) NOTICE TO CONGRESS.—The Secretary of Energy shall

promptly notify the Committees on Armed Services of the Senate

and House of Representatives of any transfer of funds to or from authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to

paragraph (2) and except as provided in paragraph (3), before submitting to Congress a request for funds for a construction project

that is in support of a national security program of the Department

of Energy, the Secretary of Energy shall complete a conceptual design for that project.

(2) If the estimated cost of completing a conceptual design for

a construction project exceeds $3,000,000, the Secretary shall submit

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to Congress a request for funds for the conceptual design before submitting a request for funds for the construction project.

(3) The requirement in paragraph (1) does not apply to a request for funds—

(A) for a construction project the total estimated cost of

which is less than $5,000,000; or

(B) for emergency planning, design, and construction activities under section 3126.

(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the

amounts authorized by this title, the Secretary of Energy may carry

out construction design (including architectural and engineering

services) in connection with any proposed construction project if the

total estimated cost for such design does not exceed $600,000.

(2) If the total estimated cost for construction design in connection with any construction project exceeds $600,000, funds for that

design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND

CONSTRUCTION ACTIVITIES.

(a) AUTHORITY.—The Secretary of Energy may use any funds

available to the Department of Energy pursuant to an authorization

in this title, including funds authorized to be appropriated for advance planning and construction design under sections 3101, 3102,

and 3103, to perform planning, design, and construction activities

for any Department of Energy national security program construction project that, as determined by the Secretary, must proceed expeditiously in order to protect public health and safety, to meet the

needs of national defense, or to protect property.

(b) LIMITATION.—The Secretary may not exercise the authority

under subsection (a) in the case of any construction project until the

Secretary has submitted to the congressional defense committees a

report on the activities that the Secretary intends to carry out under

this section and the circumstances making those activities necessary.

(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2)

does not apply to emergency planning, design, and construction activities conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.

Subject to the provisions of appropriation Acts and section

3121, amounts appropriated pursuant to this title for management

and support activities and for general plant projects are available

for use, when necessary, in connection with all national security

programs of the Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

(a) IN GENERAL.—Except as provided in subsection (b), when so

specified in an appropriations Act, amounts appropriated for operation and maintenance or for plant projects may remain available

until expended.

(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts appropriated for program direction pursuant to an authorization of

appropriations in subtitle A shall remain available to be expended

only until the end of fiscal year 2002.

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SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT

FUNDS.

(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.—The Secretary of Energy shall provide the manager of each field office of the Department of Energy with the authority to transfer defense environmental management funds from a

program or project under the jurisdiction of the office to another

such program or project.

(b) LIMITATIONS.—(1) Only one transfer may be made to or from

any program or project under subsection (a) in a fiscal year.

(2) The amount transferred to or from a program or project

under subsection (a) may not exceed $5,000,000 in a fiscal year.

(3) A transfer may not be carried out by a manager of a field

office under subsection (a) unless the manager determines that the

transfer is necessary to address a risk to health, safety, or the environment or to assure the most efficient use of defense environmental

management funds at the field office.

(4) Funds transferred pursuant to subsection (a) may not be

used for an item for which Congress has specifically denied funds

or for a new program or project that has not been authorized by

Congress.

(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The

requirements of section 3121 shall not apply to transfers of funds

pursuant to subsection (a).

(d) NOTIFICATION.—The Secretary, acting through the Assistant

Secretary of Energy for Environmental Management, shall notify

Congress of any transfer of funds pursuant to subsection (a) not

later than 30 days after such transfer occurs.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘program or project’’ means, with respect to a

field office of the Department of Energy, any of the following:

(A) A program referred to or a project listed in paragraph (2) or (3) of section 3102.

(B) A program or project not described in subparagraph (A) that is for environmental restoration or waste

management activities necessary for national security programs of the Department, that is being carried out by the

office, and for which defense environmental management

funds have been authorized and appropriated before the

date of the enactment of this Act.

(2) The term ‘‘defense environmental management funds’’

means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national security programs.

(f) DURATION OF AUTHORITY.—The managers of the field offices

of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2000, and ending on September 30, 2001.

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Subtitle C—Program Authorizations,

Restrictions, and Limitations

SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER PROTECTION

PROJECT, RICHLAND, WASHINGTON.

The Secretary of Energy may not use appropriated funds to establish a reserve for the payment of any costs of termination of any

contract relating to the River Protection Project, Richland, Washington (as designated by section 3141), that is terminated after the

date of the enactment of this Act. Such costs may be paid from—

(1) appropriations originally available for the performance

of the contract concerned;

(2) appropriations currently available for privatization initiatives in carrying out environmental restoration and waste

management activities necessary for national security programs,

and not otherwise obligated; or

(3) funds appropriated specifically for the payment of such

costs.

SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR

SECURITY ADMINISTRATION AND BALLISTIC MISSILE DEFENSE ORGANIZATION.

(a) JOINTLY FUNDED PROJECTS.—The Secretary of Energy and

the Secretary of Defense shall modify the memorandum of understanding for the use of the national laboratories for ballistic missile

defense programs, entered into under section 3131 of the National

Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85;

111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly funded

projects.

(b) REQUIREMENTS FOR PROJECTS.—The projects referred to in

subsection (a) shall—

(1) be carried out by the National Nuclear Security Administration and the Ballistic Missile Defense Organization; and

(2) contribute to sustaining—

(A) the expertise necessary for the viability of such laboratories; and

(B) the capabilities required to sustain the nuclear

stockpile.

(c) PARTICIPATION BY NNSA IN CERTAIN BMDO ACTIVITIES.—

The Administrator for Nuclear Security and the Director of the Ballistic Missile Defense Organization shall implement mechanisms

that increase the cooperative relationship between those organizations. Those mechanisms may include participation by personnel of

the National Nuclear Security Administration in the following activities of the Ballistic Missile Defense Organization:

(1) Peer reviews of technical efforts.

(2) Activities of so-called ‘‘red teams’’.

SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUCTURE UPGRADES OR MAINTENANCE IN CERTAIN ACCOUNTS OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) LIMITATION.—(1) Except as provided in paragraph (2), the

Secretary of Energy may not use amounts appropriated or otherwise

made available to the Secretary for fiscal year 2001 for the purpose

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of infrastructure upgrades or maintenance in an account specified

in subsection (b) for any other purpose.

(2) Paragraph (1) does not apply to a particular amount for the

purpose of a particular infrastructure upgrade or maintenance

project if the Secretary—

(A) determines that that project is not needed by reason of

a change to, or cancellation of, a program for which that project

was intended to be used; and

(B) submits to the congressional defense committees the report referred to in subsection (c) and a period of 45 days elapses

after the date on which such committees receive such report.

(b) COVERED ACCOUNTS.—An account referred to in subsection

(a) is any Construction account or Readiness in Technical Base and

Facilities account within any National Nuclear Security Administration budget account.

(c) REPORT.—(1) The report referred to in subsection (a)(2)(B) is

a report containing a full and complete statement of—

(A) the determination of the Secretary under subsection

(a)(2)(A); and

(B) the action proposed to be taken with the particular

amount concerned and the facts and circumstances relied upon

in support of such proposed action.

(2) In the computation of the 45-day period under subsection

(a)(2)(B), there shall be excluded any day on which either House of

Congress is not in session because of an adjournment of more than

three days to a day certain.

(d) COORDINATION WITH GENERAL REPROGRAMMING REPORT.—

If the Secretary, in accordance with this section, submits a report

referred to in subsection (c) for the use of a particular amount, that

report shall be treated, for purposes of section 3121, as the report

referred to in subsection (b) of that section for that use of that

amount.

SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE

LEVELS FOR POST-SHIPMENT VERIFICATION REPORTS ON

ADVANCED SUPERCOMPUTER SALES TO CERTAIN FOREIGN NATIONS.

Section 3157 of the National Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by adding at

the end the following new subsection:

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

composite theoretical performance level is established under section

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

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

SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH

PROGRAM.

(a) COVERED PERSONS.—Subsection (b) of section 3154 of the

Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of

Public Law 106–65; 113 Stat. 941; 42 U.S.C. 7383h) is amended to

read as follows:

‘‘(b) COVERED PERSONS.—(1) Subject to paragraph (2), for purposes of this section, a covered person is one of the following:

‘‘(A) An officer or employee of the Department.

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‘‘(B) An expert or consultant under contract to the Department.

‘‘(C) An officer or employee of a contractor of the Department.

‘‘(D) An individual assigned or detailed to the Department.

‘‘(E) An applicant for a position in the Department.

‘‘(2) A person described in paragraph (1) is a covered person for

purposes of this section only if the position of the person, or for

which the person is applying, under that paragraph is a position in

one of the categories of positions listed in section 709.4(a) of title 10,

Code of Federal Regulations.’’.

(b) HIGH-RISK PROGRAMS.—Subsection (c) of that section is

amended to read as follows:

‘‘(c) HIGH-RISK PROGRAMS.—For purposes of this section, highrisk programs are the following:

‘‘(1) Programs using information known as Sensitive Compartmented Information.

‘‘(2) The programs known as Special Access Programs and

Personnel Security and Assurance Programs.

‘‘(3) Any other program or position category specified in section 709.4(a) of title 10, Code of Federal Regulations.’’.

(c) AUTHORITY TO WAIVE EXAMINATION REQUIREMENT.—Subsection (d) of that section is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following new paragraphs:

‘‘(2) Subject to paragraph (3), the Secretary may, after consultation with appropriate security personnel, waive the applicability of

paragraph (1) to a covered person—

‘‘(A) if—

‘‘(i) the Secretary determines that the waiver is important to the national security interests of the United States;

‘‘(ii) the covered person has an active security clearance; and

‘‘(iii) the covered person acknowledges in a signed writing that the capacity of the covered person to perform duties under a high-risk program after the expiration of the

waiver is conditional upon meeting the requirements of

paragraph (1) within the effective period of the waiver;

‘‘(B) if another Federal agency certifies to the Secretary that

the covered person has completed successfully a full-scope or

counterintelligence-scope polygraph examination during the 5-

year period ending on the date of the certification; or

‘‘(C) if the Secretary determines, after consultation with the

covered person and appropriate medical personnel, that the

treatment of a medical or psychological condition of the covered

person should preclude the administration of the examination.

‘‘(3)(A) The Secretary may not commence the exercise of the authority under paragraph (2) to waive the applicability of paragraph

(1) to any covered persons until 15 days after the date on which the

Secretary submits to the appropriate committees of Congress a report setting forth the criteria to be used by the Secretary for determining when a waiver under paragraph (2)(A) is important to the

national security interests of the United States. The criteria shall

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tory. The criteria shall include an assessment of counterintelligence

risks and programmatic impacts.

‘‘(B) Any waiver under paragraph (2)(A) shall be effective for

not more than 120 days, and a person who is subject to a waiver

under paragraph (2)(A) may not ever be subject to another waiver

under paragraph (2)(A).

‘‘(C) Any waiver under paragraph (2)(C) shall be effective for

the duration of the treatment on which such waiver is based.

‘‘(4) The Secretary shall submit to the appropriate committees

of Congress on a semi-annual basis a report on any determinations

made under paragraph (2)(A) during the 6-month period ending on

the date of such report. The report shall include a national security

justification for each waiver resulting from such determinations.

‘‘(5) In this subsection, the term ‘appropriate committees of Congress’ means the following:

‘‘(A) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.

‘‘(B) The Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representatives.

‘‘(6) It is the sense of Congress that the waiver authority in

paragraph (2) not be used by the Secretary to exempt from the applicability of paragraph (1) any covered persons in the highest risk categories, such as persons who have access to the most sensitive weapons design information and other highly sensitive programs, including special access programs.

‘‘(7) The authority under paragraph (2) to waive the applicability of paragraph (1) to a covered person shall expire on September

30, 2002.’’.

(d) SCOPE OF COUNTERINTELLIGENCE POLYGRAPH EXAMINATION.—Subsection (f) of that section is amended—

(1) by inserting ‘‘terrorism,’’ after ‘‘sabotage,’’; and

(2) by inserting ‘‘deliberate damage to or malicious misuse

of a United States Government information or defense system,’’

before ‘‘and’’.

SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE

PROJECT FACILITIES.

(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwithstanding any

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

eligible employee of the Department of Energy one or more of the incentives described in subsection (d).

(b) ELIGIBLE EMPLOYEES.—An individual is an eligible employee of the Department of Energy for purposes of this section if the

individual—

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

two years;

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

2105(a) of title 5, United States Code);

(3) has a fully satisfactory or equivalent performance rating

during the most recent performance period and is not subject to

an adverse notice regarding conduct; and

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

under this section.

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

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

which the Secretary is carrying out a closure project selected under

section 3143 of the National Defense Authorization Act for Fiscal

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

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

under this section are the following:

(1) The right to accumulate annual leave provided by section 6303 of title 5, United States Code, for use in succeeding

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

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

the first full biweekly pay period, or corresponding period for

an employee who is not paid on the basis of biweekly pay periods, occurring in a year, except that—

(A) any annual leave that remains unused when an

employee transfers to a position in a department or agency

of the Federal Government shall be liquidated upon the

transfer by payment to the employee of a lump sum for

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

on a standard work week; and

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

accumulated annual leave is treated.

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

sum in compliance with paragraphs (1) and (2) of section

5754(b) of title 5, United States Code, if the employee meets the

requirements of section 5754(a) of that title, except that the retention allowance may exceed 25 percent, but may not be more

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

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

agreement with the Secretary to remain employed at the closure facility at which the employee is employed as of the date of the agreement until a specific date or for a specific period of time.

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

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

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

cause, shall forfeit eligibility for any incentives under this section as

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

(2) Except as provided under paragraph (3), an eligible employee of the Department of Energy who is paid a retention allowance under subsection (d)(2) and who violates an agreement under

subsection (e), or is dismissed for cause, before the end of the period

or date of employment agreed upon under such agreement shall refund to the United States an amount that bears the same ratio to

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

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

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

or (2) to an employee otherwise covered by such paragraph if the

Secretary determines that there is good and sufficient reason for the

waiver.

(g) REPORT.—The Secretary shall include in each report on a

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thorization Act for Fiscal Year 1997 a report on the incentives, if

any, provided under this section with respect to the project for the

period covered by such report.

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

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

1106 of the Veterans Millennium Health Care and Benefits Act

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

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

separation from a Department of Energy position at a Department

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

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

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

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

Energy facility at which the Secretary is carrying out a closure

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

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

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

otherwise be separated due to a reduction in force.

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

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

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

by the Secretary) may not participate in a voluntary separation

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

(j) TERMINATION.—The authority to provide incentives under

this section terminates on March 31, 2007.

SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY NUCLEAR MATERIALS.

(a) CONTINUATION.—The Secretary of Energy shall continue operations and maintain a high state of readiness at the F-canyon and

H-canyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so

maintain such facilities.

(b) LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING OF FCANYON FACILITY.—No amounts authorized to be appropriated or

otherwise made available for the Department of Energy by this or

any other Act may be obligated or expended for purposes of commencing the decommissioning of the F–canyon facility at the Savannah River Site until the Secretary and the Defense Nuclear Facilities Safety Board jointly submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the

House of Representatives the following:

(1) A certification that all materials present in the F-canyon facility as of the date of the certification are safely stabilized.

(2) A certification whether or not the requirements applicable to the F-canyon facility to meet the future needs of the

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United States for fissile materials disposition can be met

through full use of the H-canyon facility at the Savannah River

Site.

(3) If the certification required by paragraph (2) is that

such requirements cannot be met through such use of the Hcanyon facility—

(A) an identification by the Secretary of each such requirement that cannot be met through such use of the Hcanyon facility; and

(B) for each requirement identified in subparagraph

(A), the reasons why that requirement cannot be met

through such use of the H-canyon facility and a description

of the alternative capability for fissile materials disposition

that is needed to meet that requirement.

(c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL SEPARATION

ACTIVITIES.—Not later than February 15, 2001, the Secretary shall

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

Committee on Armed Services of the House of Representatives a

plan for the transfer of all long-term chemical separation activities

at the Savannah River Site from the F-canyon facility to the H-canyon facility commencing in fiscal year 2002.

SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN FUNDS

PENDING CERTIFICATIONS OF COMPLIANCE WITH FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

FUNDING PROHIBITION.

(a) CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR

CERTAIN TRAVEL EXPENSES.—Effective November 1, 2001, but subject to subsection (b), no funds authorized to be appropriated or otherwise made available by this or any other Act for the Department

of Energy or the Department of the Army may be obligated or expended for travel by—

(1) the Secretary of Energy or any officer or employee of the

Office of the Secretary of Energy; or

(2) the Chief of Engineers.

(b) EFFECTIVE DATE.—The limitation in subsection (a) shall not

take effect if before November 1, 2001, both of the following certifications are submitted to the congressional defense committees:

(1) A certification by the Secretary of Energy that the Department of Energy is in compliance with the requirements of

section 3131 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 925; 10 U.S.C.

2701 note).

(2) A certification by the Chief of Engineers that the Corps

of Engineers is in compliance with the requirements of that section.

(c) TERMINATION.—If the limitation in subsection (a) takes effect, the limitation shall cease to be in effect when both certifications

referred to in subsection (b) have been submitted to the congressional defense committees.

SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES

LABORATORY AT IDAHO NATIONAL ENGINEERING AND

ENVIRONMENTAL LABORATORY, IDAHO FALLS, IDAHO.

(a) AUTHORIZATION.—Of the amounts authorized to be appropriated by paragraphs (2) and (3) of section 3102(a), not more than

481

$400,000 may be available to the Secretary of Energy for purposes

of carrying out a conceptual design for a Subsurface Geosciences

Laboratory at Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho.

(b) LIMITATION.—None of the funds authorized to be appropriated by subsection (a) may be obligated until 60 days after the

date on which the Secretary submits the report required by subsection (c).

(c) REPORT.—The Secretary of Energy shall submit to the congressional defense committees a report on the proposed Subsurface

Geosciences Laboratory. The report shall include the following:

(1) Whether there is a need to conduct mesoscale experiments to meet long-term clean-up requirements at Department

of Energy sites.

(2) The possibility of using or modifying an existing structure or facility to house a new capability for conducting

mesoscale experiments.

(3) The estimated construction cost of the facility.

(4) The estimated annual operating cost of the facility.

(5) How the facility will use, integrate, and support the

technical expertise, capabilities, and requirements at other Department of Energy and non-Department of Energy facilities.

(6) An analysis of costs, savings, and benefits which are

unique to the Idaho National Engineering and Environmental

Laboratory.

SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE

LIVERMORE NATIONAL LABORATORY, LIVERMORE, CALIFORNIA.

(a) NEW BASELINE.—(1) Not more than 50 percent of the funds

available for the national ignition facility (Project 96–D–111) may

be obligated or expended until the Administrator for Nuclear Security submits to the Committees on Armed Services of the Senate and

House of Representatives a report setting forth a new baseline plan

for the completion of the national ignition facility.

(2) The report shall include—

(A) the funding required for completion of the facility, set

forth in detail, year by year; and

(B) projected dates for the completion of program milestones, including the date on which the first laser beams are expected to become operational.

(b) COMPTROLLER GENERAL REVIEW OF NIF PROGRAM.—(1) The

Comptroller General shall conduct a thorough review of the national ignition facility program.

(2) Not later than March 31, 2001, the Comptroller General

shall submit to the Committees on Armed Services of the Senate and

House of Representatives a report on the review conducted under

paragraph (1). The report shall include the following:

(A) An analysis of—

(i) the role of the national ignition facility in ensuring

the safety and reliability of the nuclear stockpile of the

United States;

(ii) the relationship of the national ignition facility program to other significant programs to sustain the nuclear

stockpile of the United States; and

482

(iii) the potential effect of delays in the national ignition facility program, and of a failure to complete significant program objectives of the program, on the other significant programs to sustain the nuclear stockpile of the

United States, such as the Accelerated Strategic Computing

Initiative Program.

(B) A detailed description and analysis of the funds spent

as of the date of the report on the national ignition facility program.

(C) An assessment whether the new baseline plan for the

national ignition facility program submitted under subsection

(a) includes clear goals for that program, adequate and sustainable funding, and achievable milestones for that program.

SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON.

(a) REDESIGNATION OF PROJECT.—The tank waste remediation

system environmental project, Richland, Washington, including all

programs relating to the retrieval and treatment of tank waste at

the site at Hanford, Washington, under the management of the Office of River Protection, shall be known and designated as the

‘‘River Protection Project’’. Any reference to that project in any law,

regulation, map, document, record, or other paper of the United

States shall be considered to be a reference to the River Protection

Project.

(b) MANAGEMENT AND RESPONSIBILITY OF OFFICE OF RIVER

PROTECTION.—Subsection (b) of section 3139 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105–261; 112 Stat. 2250) is amended—

(1) in paragraph (2), by striking ‘‘managing all aspects of

the’’ and all that follows through the period and inserting

‘‘managing, consistent with the policy direction established by

the Department, all aspects of the River Protection Project,

Richland, Washington.’’; and

(2) by adding at the end the following new paragraph:

‘‘(3)(A) The Assistant Secretary of Energy for Environmental

Management shall delegate in writing responsibility for the management of the River Protection Project, Richland, Washington, to

the head of the Office.

‘‘(B) Such delegation shall include, at a minimum, authorities

for contracting, financial management, safety, and general program

management that are equivalent to the authorities of managers of

other operations offices of the Department of Energy.

‘‘(C) The head of the Office shall, to the maximum extent possible, coordinate all activities of the Office with the manager of the

Richland Operations Office of the Department of Energy.’’.

(c) DEPARTMENT RESPONSIBILITIES.—Subsection (c) of such section is amended—

(1) by striking ‘‘manager’’ and inserting ‘‘head’’; and

(2) by striking ‘‘to manage’’ and all that follows through the

period and inserting ‘‘to carry out the responsibilities specified

in subsection (b)(2).’’.

(d) REPORTING TO CONGRESS.—Subsection (d) of such section is

amended to read as follows:

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

House of Representatives, not later than 30 days after the date of

the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, a copy of the delegation of authority

required by subsection (b)(3).’’.

SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYSTEM, HANFORD

RESERVATION, RICHLAND, WASHINGTON.

Not later than December 15, 2000, the Secretary of Energy shall

submit to Congress a report on the Tank Waste Remediation System

project, Hanford Reservation, Richland, Washington. The report

shall include the following:

(1) A proposed plan for processing and stabilizing all nuclear waste located in the Hanford Tank Farm.

(2) A proposed schedule for carrying out that proposed

plan.

(3) The total estimated cost of carrying out that proposed

plan.

(4) A description of any alternative options to that proposed

plan and a description of the costs and benefits of each such option.

(5) A description of the volumes and characteristics of any

wastes or materials that are not to be treated during phase 1(B)

of the project.

(6) A plan for developing, demonstrating, and implementing advanced vitrification system technologies that can be

used to treat and stabilize any out-of-specification wastes or

materials (such as polychlorinated biphenyls) that cannot be

treated and stabilized with the technologies that are to be used

during phase 1(B) of the project.

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.

(a) LENGTH OF TERM.—The term of office as Under Secretary

for Nuclear Security of the Department of Energy of the person first

appointed to that position shall be three years.

(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclusive reasons

for removal from office as Under Secretary for Nuclear Security of

the person described in subsection (a) shall be inefficiency, neglect

of duty, or malfeasance in office.

(c) POSITION DESCRIBED.—The position of Under Secretary for

Nuclear Security of the Department of Energy referred to in this section is the position established by subsection (c) of section 202 of the

Department of Energy Organization Act (42 U.S.C. 7132), as added

by section 3202 of the National Nuclear Security Administration Act

(title XXXII of Public Law 106–65; 113 Stat. 954).

484

SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY ON THE JOINT NUCLEAR WEAPONS COUNCIL.

(a) MEMBERSHIP.—Section 179 of title 10, United States Code,

is amended—

(1) in subsection (a), by striking paragraph (3) and inserting the following new paragraph (3):

‘‘(3) The Under Secretary for Nuclear Security of the Department of Energy.’’; and

(2) in subsection (b)(2), by striking ‘‘the representative designated under subsection (a)(3)’’ and inserting ‘‘the Under Secretary for Nuclear Security of the Department of Energy’’.

(b) CONFORMING AMENDMENT.—Section 3212 of the National

Nuclear Security Administration Act (title XXXII of Public Law

106–65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding at the

end the following new subsection:

‘‘(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS COUNCIL.—The

Administrator serves as a member of the Joint Nuclear Weapons

Council under section 179 of title 10, United States Code.’’.

SEC. 3153. ORGANIZATION PLAN FOR FIELD OFFICES OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) PLAN REQUIRED.—Not later than May 1, 2001, the Administrator for Nuclear Security shall submit to the Committee on Armed

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

House of Representatives a plan for assigning roles and responsibilities to and among the headquarters and field organizational units

of the National Nuclear Security Administration.

(b) PLAN ELEMENTS.—The plan shall include the following:

(1) A general description of the organizational structure of

the administrative functions of the National Nuclear Security

Administration under the plan, including the authorities and

responsibilities to be vested in the units of the headquarters, operations offices, and area offices of the Administration.

(2) A description of any downsizing, elimination, or consolidation of units of the headquarters, operations offices, and area

offices of the Administration that may be necessary to enhance

the efficiency of the Administration.

(3) A description of the modifications of staffing levels of

the headquarters, operations offices, and area offices of the Administration, including any reductions in force, employment of

additional personnel, or realignments of personnel, that are

necessary to implement the plan.

(4) A schedule for the implementation of the plan.

(c) INCLUDED FACILITIES.—The plan shall address any administrative units in the National Nuclear Security Administration, including units in and under the following:

(1) The Department of Energy Headquarters, Washington,

District of Columbia, metropolitan area.

(2) The Albuquerque Operations Office, Albuquerque, New

Mexico.

(3) The Nevada Operations Office, Las Vegas, Nevada.

(4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.

(5) The Oakland Operations Office, Oakland, California.

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(6) The Savannah River Operations Office, Aiken, South

Carolina.

(7) The Los Alamos Area Office, Los Alamos, New Mexico.

(8) The Kirtland Area Office, Albuquerque, New Mexico.

(9) The Amarillo Area Office, Amarillo, Texas.

(10) The Kansas City Area Office, Kansas City, Missouri.

SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

(a) CONTENTS REQUIRED.—Subsection (b) of section 3253 of the

National Nuclear Security Administration Act (title XXXII of Public

Law 106–65; 113 Stat. 966; 50 U.S.C. 2453) is amended—

(1) by striking paragraph (1);

(2) by redesignating paragraph (2) as paragraph (4); and

(3) by inserting before paragraph (4) (as redesignated by

paragraph (2)) the following new paragraphs:

‘‘(1) A detailed description of the program elements (and the

projects, activities, and construction projects associated with

each such program element) during the applicable five-fiscal

year period for at least each of the following:

‘‘(A) For defense programs—

‘‘(i) directed stockpile work;

‘‘(ii) campaigns;

‘‘(iii) readiness in technical base and facilities; and

‘‘(iv) secure transportation asset.

‘‘(B) For defense nuclear nonproliferation—

‘‘(i) nonproliferation and verification, research, and

development;

‘‘(ii) arms control; and

‘‘(iii) fissile materials disposition.

‘‘(C) For naval reactors, naval reactors operations and

maintenance.

‘‘(2) A statement of proposed budget authority, estimated expenditures, and proposed appropriations necessary to support

each program element specified pursuant to paragraph (1).

‘‘(3) A detailed description of how the funds identified for

each program element specified pursuant to paragraph (1) in

the budget for the Administration for each fiscal year during

that five-fiscal year period will help ensure that the nuclear

weapons stockpile is safe and reliable, as determined in accordance with the criteria established under section 3158 of the

Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (42 U.S.C. 2121 note).’’.

(b) CONFORMING AMENDMENTS.—Such section is further

amended—

(1) by striking subsection (c);

(2) by redesignating subsections (d) and (e) as subsections

(c) and (d), respectively; and

(3) in subsection (d), as so redesignated, by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’.

SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM FOR FISCAL

YEAR 2001.

(a) PROGRAM REQUIRED.—(1) Without regard to any futureyears nuclear security program submitted before the date of the enactment of this Act, the Administrator for Nuclear Security shall

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submit to the congressional defense committees a future-years nuclear security program (including associated annexes) for fiscal year

2001 and the five succeeding fiscal years.

(2) The program shall reflect the estimated expenditures and

proposed appropriations included in the budget for fiscal year 2001

that was submitted to Congress under section 1105(a) of title 31,

United States Code.

(b) PROGRAM DETAIL.—The level of detail of the program submitted under subsection (a) shall be equivalent to the level of detail

in the Project Baseline Summary system of the Department of Energy, if practicable, but in no event below the following:

(1) In the case of directed stockpile work, detail as follows:

(A) Stockpile research and development.

(B) Stockpile maintenance.

(C) Stockpile evaluation.

(D) Dismantlement and disposal.

(E) Production support.

(F) Field engineering, training, and manuals.

(2) In the case of campaigns, detail as follows:

(A) Primary certification.

(B) Dynamic materials properties.

(C) Advanced radiography.

(D) Secondary certification and nuclear system margins.

(E) Enhanced surety.

(F) Weapons system engineering certification.

(G) Certification in hostile environments.

(H) Enhanced surveillance.

(I) Advanced design and production technologies.

(J) Inertial confinement fusion (ICF) ignition and high

yield.

(K) Defense computing and modeling.

(L) Pit manufacturing readiness.

(M) Secondary readiness.

(N) High explosive readiness.

(O) Nonnuclear readiness.

(P) Materials readiness.

(Q) Tritium readiness.

(3) In the case of readiness in technical base and facilities,

detail as follows:

(A) Operation of facilities.

(B) Program readiness.

(C) Special projects.

(D) Materials recycle and recovery.

(E) Containers.

(F) Storage.

(4) In the case of secure transportation assets, detail as follows:

(A) Operation and maintenance.

(B) Program direction relating to transportation.

(5) Program direction.

(6) Construction (listed by project number).

(7) In the case of safeguards and security, detail as follows:

(A) Operation and maintenance.

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(B) Construction.

(c) DEADLINE FOR SUBMITTAL.—The future-years nuclear security program required by subsection (a) shall be submitted not later

than November 1, 2000.

(d) LIMITATION ON USE OF FUNDS PENDING SUBMITTAL.—Not

more than 65 percent of the funds appropriated pursuant to the authorization of appropriations in section 3101(a)(1)(C) or otherwise

made available to the Department of Energy for fiscal year 2001 for

program direction in carrying out weapons activities may be obligated or expended until 45 days after the date on which the Administrator for Nuclear Security submits to the congressional defense

committees the program required by subsection (a).

SEC. 3156. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND DEMONSTRATION BY PLANT MANAGERS OF

CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS.

(a) AUTHORITY FOR PROGRAMS AT NUCLEAR WEAPONS PRODUCTIONS FACILITIES.—The Administrator for Nuclear Security shall

authorize the head of each nuclear weapons production facility to

establish an Engineering and Manufacturing Research, Development, and Demonstration Program under this section.

(b) PROJECTS AND ACTIVITIES.—The projects and activities carried out through the program at a nuclear weapons production facility under this section shall support innovative or high-risk design

and manufacturing concepts and technologies with potentially high

payoff for the nuclear weapons complex. Those projects and activities may include—

(1) replacement of obsolete or aging design and manufacturing technologies;

(2) development of innovative agile manufacturing techniques and processes; and

(3) training, recruitment, or retention of essential personnel

in critical engineering and manufacturing disciplines.

(c) FUNDING.—The Administrator may authorize the head of

each nuclear weapons production facility to obligate up to

$3,000,000 of funds within the Advanced Design and Production

Technologies Campaign available for such facility during fiscal year

2001 to carry out projects and activities of the program under this

section at that facility.

(d) REPORT.—The Administrator for Nuclear Security shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later

than September 15, 2001, a report describing, for each nuclear

weapons production facility, each project or activity for which funds

were obligated under the program, the criteria used in the selection

of each such project or activity, the potential benefits of each such

project or activity, and the Administrator’s recommendation concerning whether the program should be continued.

(e) DEFINITION.—For purposes of this section, the term ‘‘nuclear

weapons production facility’’ has the meaning given that term in

section 3281(2) of the National Nuclear Security Administration Act

(title XXXII of Public Law 106–65; 113 Stat. 968; 50 U.S.C.

2471(2)).

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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.

Section 3213 of the National Nuclear Security Administration

Act (title XXXII of Public Law 106–65; 113 Stat. 958; 50 U.S.C.

2403) is amended—

(1) in subsection (a), by striking ‘‘Administration,’’ and all

that follows through ‘‘function of the’’;

(2) in subsection (b), by striking ‘‘, in carrying out any function of the Administration,’’; and

(3) by adding at the end the following new subsection:

‘‘(d) PROHIBITION ON DUAL OFFICE HOLDING.—Except in accordance with sections 3212(a)(2) and 3216(a)(1):

‘‘(1) An individual may not concurrently hold or carry out

the responsibilities of—

‘‘(A) a position within the Administration; and

‘‘(B) a position within the Department of Energy not

within the Administration.

‘‘(2) No funds appropriated or otherwise made available for

any fiscal year may be used to pay, to an individual who concurrently holds or carries out the responsibilities of a position

specified in paragraph (1)(A) and a position specified in paragraph (1)(B), the basic pay, salary, or other compensation relating to any such position.’’.

SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) PLAN REQUIRED.—Section 3252 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113

Stat. 966; 50 U.S.C. 2452) is amended—

(1) by inserting ‘‘(a) PROCEDURES REQUIRED.—’’ before ‘‘The

Administrator shall’’; and

(2) by adding at the end the following new subsections:

‘‘(b) ANNUAL PLAN FOR OBLIGATION OF FUNDS.—(1) Each year,

the Administrator shall prepare a plan for the obligation of the

amounts that, in the President’s budget submitted to Congress that

year under section 1105(a) of title 31, United States Code, are proposed to be appropriated for the Administration for the fiscal year

that begins in that year (in this section referred to as the ‘budget

year’) and the two succeeding fiscal years.

‘‘(2) For each program element and construction line item of the

Administration, the plan shall provide the goal of the Administration for the obligation of those amounts for that element or item for

each fiscal year of the plan, expressed as a percentage of the total

amount proposed to be appropriated in that budget for that element

or item.

‘‘(c) SUBMISSION OF PLAN AND REPORT.—The Administrator

shall submit to Congress each year, at or about the time that the

President’s budget is submitted to Congress under section 1105(a) of

title 31, United States Code, each of the following:

‘‘(1) The plan required by subsection (b) prepared with respect to that budget.

‘‘(2) A report on the plans prepared with respect to the preceding years’ budgets, which shall include, for each goal provided in those plans—

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‘‘(A) the assessment of the Administrator as to whether

or not that goal was met; and

‘‘(B) if that assessment is that the goal was not met—

‘‘(i) the reasons why that goal was not met; and

‘‘(ii) the plan of the Administrator for meeting or,

if necessary, adjusting that goal.’’.

(b) EFFECTIVE DATE OF REQUIREMENT TO ASSESS PRIOR

PLAN.—The first report submitted under paragraph (2) of subsection

(c) of such section (as added by subsection (a)) shall be the report

on the plan prepared with respect to the budget submitted in calendar year 2001.

(c) GAO REPORT.—Not later than March 15, 2001, the Comptroller General shall submit to the congressional defense committees

an assessment of the adequacy of the planning, programming, and

budgeting processes of the National Nuclear Security Administration.

SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) REORGANIZATION AUTHORITY.—Section 3212 of the National

Nuclear Security Administration Act (title XXXII of Public Law

106–65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding at the

end the following new subsection:

‘‘(e) REORGANIZATION AUTHORITY.—Except as provided by subsections (b) and (c) of section 3291:

‘‘(1) The Administrator may establish, abolish, alter, consolidate, or discontinue any organizational unit or component of

the Administration, or transfer any function of the Administration.

‘‘(2) Such authority does not apply to the abolition of organizational units or components established by law or the transfer of functions vested by law in any organizational unit or

component.’’.

(b) CONFORMING AMENDMENTS.—Section 643 of the Department

of Energy Organization Act (42 U.S.C. 7253) is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(a) Except as

provided in subsection (b), the Secretary’’; and

(2) by adding at the end the following new subsection:

‘‘(b) The authority of the Secretary under subsection (a) does not

apply to the National Nuclear Security Administration. The corresponding authority that applies to the Administration is set forth

in section 3212(e) of the National Nuclear Security Administration

Act.’’.

Subtitle E—National Laboratories

Partnership Improvement

SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

(a) ESTABLISHMENT.—The Administrator for Nuclear Security

shall establish a Technology Infrastructure Pilot Program in accordance with this section.

(b) PURPOSE.—The purpose of the program shall be to explore

new methods of collaboration and improvements in the management

and effectiveness of collaborative programs carried out by the naVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00519 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.170 pfrm03 PsN: HR945
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tional security laboratories and nuclear weapons production facilities in partnership with private industry and institutions of higher

education and to improve the ability of those laboratories and facilities to support missions of the Administration.

(c) FUNDING.—(1) Except as provided in paragraph (2), funding

shall be available for the pilot program only to the extent of specific

authorizations and appropriations enacted after the date of the enactment of this Act.

(2) From amounts available in fiscal years 2001 and 2002 for

technology partnership programs of the Administration, the Administrator may allocate to carry out the pilot program not more than

$5,000,000.

(d) PROJECT REQUIREMENTS.—A project may not be approved

for the pilot program unless the project meets the following requirements:

(1) The participants in the project include—

(A) a national security laboratory or nuclear weapons

production facility; and

(B) one or more of the following:

(i) A business.

(ii) An institution of higher education.

(iii) A nonprofit institution.

(iv) An agency of a State, local, or tribal government.

(2)(A) Not less than 50 percent of the costs of the project are

to be provided by non-Federal sources.

(B)(i) The calculation of the amount of the costs of the

project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on

the project.

(ii) No funds or other resources expended before the start of

the project or outside the project’s scope of work may be credited

toward the costs provided by non-Federal sources to the project.

(3) The project (other than in the case of a project under

which the participating laboratory or facility receives funding

under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator.

(4) No Federal funds shall be made available under this

section for—

(A) construction; or

(B) any project for more than five years.

(e) SELECTION CRITERIA.—(1) The projects selected for the pilot

program shall—

(A) stimulate the development of technology expertise and

capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and

nuclear weapons production facilities on a continuing basis;

(B) improve the ability of those laboratories and facilities

benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and

nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and

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(C) encourage the exchange of scientific and technological

expertise between those laboratories and facilities and—

(i) institutions of higher education;

(ii) technology-related business concerns;

(iii) nonprofit institutions; and

(iv) agencies of State, tribal, or local governments;

that can support the missions of those laboratories and facilities.

(2) The Administrator may authorize the provision of Federal

funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project

is likely to improve the ability of that laboratory or facility to

achieve technical success in meeting nuclear weapons and nuclear

nonproliferation missions of the Administration.

(3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a

project to receive Federal funds:

(A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources,

and project plan.

(B) The potential of the project to promote the development

of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its

products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis.

(C) The potential of the project to promote the use of commercial research, technology, products, processes, and services

by the participating laboratory or facility to achieve its nuclear

weapons and nuclear nonproliferation missions.

(D) The commitment shown by non-Federal organizations

to the project, based primarily on the nature and amount of the

financial and other resources they will risk on the project.

(E) The extent to which the project involves a wide variety

and number of institutions of higher education, nonprofit institutions, and technology-related business concerns that can support the nuclear weapons and nuclear nonproliferation missions

of the participating laboratory or facility on a continuing basis

and that will make substantive contributions to achieving the

goals of the project.

(F) The extent of participation in the project by agencies of

State, tribal, or local governments that will make substantive

contributions to achieving the goals of the project.

(G) The extent to which the project focuses on promoting the

development of technology-related business concerns that are

small business concerns or involves small business concerns

substantively in the project.

(f) IMPLEMENTATION PLAN.—No funds may be allocated for the

pilot program until 30 days after the date on which the Administrator submits to the congressional defense committees a plan for

the implementation of the pilot program. The plan shall, at a

minimum—

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(1) identify the national security laboratories and nuclear

weapons production facilities that have been designated by the

Administrator to participate in the pilot program; and

(2) with respect to each laboratory or facility identified

under paragraph (1)—

(A) identify the businesses, institutions of higher education, nonprofit institutions, and agencies of State, local,

or tribal government that are expected to participate in the

pilot program at that laboratory or facility;

(B) identify the technology areas to be addressed by the

pilot program at that laboratory or facility and the manner

in which the pilot program will support high-priority missions of that laboratory or facility on a continuing basis;

and

(C) describe the management controls that have been

put into place to ensure that the pilot program as conducted at that laboratory or facility is conducted in a costeffective manner consistent with the objectives of the pilot

program.

(g) REPORT ON IMPLEMENTATION.—(1) Not later than February

1, 2002, the Administrator shall submit to the congressional defense

committees a report on the implementation and management of the

pilot program. The report shall take into consideration the results

of the pilot program to date and the views of the directors of the

participating laboratories and facilities. The report shall include

any recommendations the Administrator may have concerning the

future of the pilot program.

(2) Not later than 30 days after the date on which the Administrator submits the report required by paragraph (1), the Comptroller

General shall submit to the congressional defense committees a report containing the Comptroller General’s assessment of that report.

SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN NATIONAL

NUCLEAR SECURITY ADMINISTRATION ACTIVITIES.

(a) REPORT REQUIRED.—Not later than February 15, 2001, the

Administrator for Nuclear Security shall submit to the congressional defense committees a report on small business participation

in the activities of the National Nuclear Security Administration.

(b) CONTENTS OF REPORT.—The report shall include the following:

(1) A description of the scope and nature of the efforts of

the National Nuclear Security Administration as of the date of

the enactment of this Act to encourage or increase participation

of small business concerns in procurements, collaborative research, technology licensing, and technology transfer activities

carried out by the national security laboratories or nuclear

weapons production facilities.

(2) An assessment of the effectiveness of those efforts in securing products and services of value to those laboratories and

facilities.

(3) Recommendations on how to improve those efforts.

(4) An identification of legislative changes required to implement those recommendations.

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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.

(a) STUDY AND REPORT REQUIRED.—The Secretary of Energy

shall direct the Secretary of Energy Advisory Board to study and to

submit to the Secretary not later than one year after the date of the

enactment of this Act a report regarding the following topics:

(1) The advantages and disadvantages of providing the Administrator for Nuclear Security with authority, notwithstanding the limitations otherwise imposed by the Federal Acquisition Regulation, to enter into transactions with public

agencies, private organizations, or individuals on terms the Administrator considers appropriate to the furtherance of basic,

applied, and advanced research functions. The Advisory Board

shall consider, in its assessment of this authority, the management history of the Department of Energy and the effect of this

authority on the National Nuclear Security Administration’s

use of contractors to operate the national security laboratories.

(2) The advantages and disadvantages of establishing and

implementing policies and procedures to facilitate the transfer

of scientific, technical, and professional personnel among national security laboratories and nuclear weapons production facilities.

(3) The advantages and disadvantages of making changes

in—

(A) the indemnification requirements for patents or

other intellectual property licensed from a national security

laboratory or nuclear weapons production facility;

(B) the royalty and fee schedules and types of compensation that may be used for patents or other intellectual

property licensed to a small business concern from a national security laboratory or nuclear weapons production

facility;

(C) the licensing procedures and requirements for patents and other intellectual property;

(D) the rights given to a small business concern that

has licensed a patent or other intellectual property from a

national security laboratory or nuclear weapons production

facility to bring suit against third parties infringing such

intellectual property;

(E) the advance funding requirements for a small business concern funding a project at a national security laboratory or nuclear weapons production facility through a

funds-in agreement;

(F) the intellectual property rights allocated to a business when it is funding a project at a national security laboratory or nuclear weapons production facility through a

funds-in agreement; and

(G) policies on royalty payments to inventors employed

by a contractor operating a national security laboratory or

nuclear weapons production facility, including those for inventions made under a funds-in agreement.

(b) DEFINITION OF FUNDS-IN AGREEMENT.—For the purposes of

this section, the term ‘‘funds-in agreement’’ means a contract beVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00523 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.171 pfrm03 PsN: HR945
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tween the Department and a non-Federal organization under which

that organization pays the Department to provide a service or material not otherwise available in the domestic private sector.

(c) SUBMISSION TO CONGRESS.—Not later than one month after

receiving the report under subsection (a), the Secretary shall submit

to Congress that report, along with the Secretary’s recommendations

for action and proposals for legislation to implement the recommendations.

SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR SECURITY ADMINISTRATION TECHNOLOGY DEVELOPMENT

PARTNERSHIPS WITH NON-FEDERAL ENTITIES.

(a) REPORT REQUIRED.—The Administrator for Nuclear Security shall submit to Congress, not later than March 1, 2001, a report

on the efficiency and effectiveness with which the National Nuclear

Security Administration and its laboratories and facilities carry out

technology development activities in partnership with non-Federal

entities, including cooperative research and development agreements. The report shall include an examination of the following

matters with respect to the carrying out of those activities:

(1) Funding sources available to and used by the Administration.

(2) Types of legal instruments used by the Administration,

and the extent to which they are used.

(3) Procedures used for selection of participants.

(4) Intellectual property licensing and royalty provisions.

(5) New technologies developed.

(6) The extent to which those new technologies have—

(A) commercial utility; and

(B) utility to the nuclear weapons and nuclear nonproliferation missions of the Administration.

(b) ADDITIONAL REQUIREMENTS FOR COOPERATIVE RESEARCH

AND DEVELOPMENT AGREEMENTS.—(1) The report required by subsection (a) shall include a section providing the following with respect to cooperative research and development agreements:

(A) An assessment of the advantages and disadvantages of

such agreements.

(B) Any recommendations of the Administrator regarding

the use of such agreements by the Administration in the future,

including any appropriate funding levels.

(C) Any recommendations of the Administrator regarding

legislation to make such agreements more effective in supporting the Administration’s core nuclear weapons and nuclear

non-proliferation missions.

(2) In this subsection, the term ‘‘cooperative research and development agreement’’ has the meaning given such term in section

12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980

(15 U.S.C. 3710a(d)(1)).

(c) GAO REVIEW.—The Comptroller General shall submit to

Congress, within 30 days after the submission of the report required

by subsection (a), a report containing the Comptroller General’s assessment of that report.

SEC. 3165. DEFINITIONS.

For purposes of this subtitle, the terms ‘‘national security laboratory’’ and ‘‘nuclear weapons production facility’’ have the meanVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00524 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.171 pfrm03 PsN: HR945
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ings given such terms in section 3281 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113

Stat. 968; 50 U.S.C. 2471).

Subtitle F—Matters Relating to Defense

Nuclear Nonproliferation

SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM.

(a) REPORT REQUIRED.—Not later than January 1 of each year,

the Secretary of Energy shall submit to the Committee on Armed

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

House of Representatives a report on the status of efforts during the

preceding fiscal year under the Nuclear Materials Protection, Control, and Accounting Program of the Department of Energy to secure

weapons-usable nuclear materials in Russia that have been identified as being at risk for theft or diversion.

(b) CONTENTS.—Each report under subsection (a) shall include

the following:

(1) The number of buildings, including building locations,

that received complete and integrated materials protection, control, and accounting systems for nuclear materials described in

subsection (a) during the year covered by such report.

(2) The amounts of highly enriched uranium and plutonium in Russia that have been secured under systems described

in paragraph (1) as of the date of such report.

(3) The amount of nuclear materials described in subsection (a) that continues to require securing under systems described in paragraph (1) as of the date of such report.

(4) A plan for actions to secure the nuclear materials identified in paragraph (3) under systems described in paragraph

(1), including an estimate of the cost of such actions.

(5) The amounts expended through the fiscal year preceding

the date of such report to secure nuclear materials described in

subsection (a) under systems described in paragraph (1), set

forth by total amount and by amount per fiscal year.

(c) LIMITATION ON USE OF CERTAIN FUNDS.—(1) No amounts

authorized to be appropriated for the Department of Energy by this

Act or any other Act for purposes of the Nuclear Materials Protection, Control, and Accounting Program may be obligated or expended after September 30, 2000, for any project under the program

at a site controlled by the Russian Ministry of Atomic Energy

(MINATOM) in Russia until the Secretary submits to the Committee

on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the access policy established with respect to such project, including a certification that

the access policy has been implemented.

(2) The access policy with respect to a project under this subsection shall—

(A) permit appropriate determinations by United States officials regarding security requirements, including security upgrades, for the project; and

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(B) ensure verification by United States officials that Department of Energy assistance at the project is being used for

the purposes intended.

SEC. 3172. NUCLEAR CITIES INITIATIVE.

(a) IN GENERAL.—(1) The Secretary of Energy may, in accordance with the provisions of this section, expand and enhance the activities of the Department of Energy under the Nuclear Cities Initiative.

(2) In this section, the term ‘‘Nuclear Cities Initiative’’ means

the initiative arising pursuant to the joint statement dated July 24,

1998, signed by the Vice President of the United States and the

Prime Minister of the Russian Federation and the agreement dated

September 22, 1998, between the United States and the Russian

Federation.

(b) FUNDING FOR FISCAL YEAR 2001.—There is hereby authorized to be appropriated for the Department of Energy for fiscal year

2001 $30,000,000 for purposes of the Nuclear Cities Initiative.

(c) LIMITATION PENDING SUBMISSION OF AGREEMENT.—No

amount authorized to be appropriated or otherwise made available

for the Department of Energy for fiscal year 2001 for the Nuclear

Cities Initiative may be obligated or expended to provide assistance

under the Initiative for more than three nuclear cities in Russia and

two serial production facilities in Russia until 30 days after the

date on which the Secretary of Energy submits to the Committee on

Armed Services of the Senate and the Committee on Armed Services

of the House of Representatives a copy of a written agreement between the United States Government and the Government of the

Russian Federation which provides that Russia will close some of

its facilities engaged in nuclear weapons assembly and disassembly

work.

(d) LIMITATION PENDING IMPLEMENTATION OF PROJECT REVIEW

PROCEDURES.—(1) Not more than $8,750,000 of the amounts referred to in subsection (b) may be obligated or expended for purposes

of the Initiative until the Secretary of Energy establishes and implements project review procedures for projects under the Initiative and

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

Committee on Armed Services of the House of Representatives a report on the project review procedures so established and implemented.

(2) The project review procedures established under paragraph

(1) shall ensure that any scientific, technical, or commercial project

initiated under the Initiative—

(A) will not enhance the military or weapons of mass destruction capabilities of Russia;

(B) will not result in the inadvertent transfer or utilization

of products or activities under such project for military purposes;

(C) will be commercially viable; and

(D) will be carried out in conjunction with an appropriate

commercial, industrial, or nonprofit entity as partner.

(e) LIMITATION PENDING CERTIFICATION AND REPORT.—No

amount in excess of $17,500,000 authorized to be appropriated for

the Department of Energy for fiscal year 2001 for the Nuclear Cities

Initiative may be obligated or expended for purposes of providing

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assistance under the Initiative until 30 days after the date on which

the Secretary of Energy submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the

House of Representatives the following:

(1) A copy of the written agreement between the United

States and the Russian Federation which provides that Russia

will close some of its facilities engaged in nuclear weapons assembly and disassembly work within five years of the date of

the agreement in exchange for receiving assistance through the

Initiative.

(2) A certification by the Secretary—

(A) that project review procedures for all projects under

the Initiative have been established and are being implemented; and

(B) that those procedures will ensure that any scientific, technical, or commercial project initiated under the

Initiative—

(i) will not enhance the military or weapons of

mass destruction capabilities of Russia;

(ii) will not result in the inadvertent transfer or

utilization of products or activities under such project

for military purposes;

(iii) will be commercially viable within three years

after the date of the initiation of the project; and

(iv) will be carried out in conjunction with an appropriate commercial, industrial, or other nonprofit entity as partner.

(3) A report setting forth the following:

(A) A description of the project review procedures process.

(B) A list of the projects under the Initiative that have

been reviewed under such project review procedures.

(C) A description for each project listed under subparagraph (B) of the purpose, expected life-cycle costs, out-year

budget costs, participants, commercial viability, expected

time for income generation, and number of Russian jobs

created.

(f) PLAN FOR RESTRUCTURING THE RUSSIAN NUCLEAR COMPLEX.—(1) The President, acting through the Secretary of Energy, is

urged to enter into discussions with the Russian Federation for purposes of the development by the Russian Federation of a plan to restructure the Russian nuclear complex in order to meet changes in

the national security requirements of Russia by 2010.

(2) The plan under paragraph (1) should include the following:

(A) Mechanisms to consolidate the nuclear weapons production capacity in Russia to a capacity that is consistent with the

obligations of Russia under current and future arms control

agreements.

(B) Mechanisms to increase transparency regarding the restructuring of the Russian nuclear complex and weapons-surplus nuclear materials inventories in Russia to the levels of

transparency for such matters in the United States, including

the participation of Department of Energy officials with expertise in transparency of such matters.

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(C) Measurable milestones that will permit the United

States and the Russian Federation to monitor progress under

the plan.

(g) ENCOURAGEMENT OF CAREERS IN NONPROLIFERATION.—(1)

In carrying out actions under this section, the Secretary of Energy

may carry out a program to encourage students in the United States

and in the Russian Federation to pursue careers in areas relating

to nonproliferation.

(2) Of the amounts made available under the Initiative for fis- cal year 2001 in excess of $17,500,000, up to $2,000,000 shall be

available for purposes of the program under paragraph (1).

(3) The Administrator for Nuclear Security shall notify the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives before any funds are

expended pursuant to paragraph (2). Any such notification shall

include—

(A) an identification of the amount to be expended under

paragraph (2) during fiscal year 2001;

(B) the recipients of the funds; and

(C) specific information on the activities that will be conducted using those funds.

(h) DEFINITIONS.—In this section:

(1) The term ‘‘nuclear city’’ means any of the closed nuclear

cities within the complex of the Russian Ministry of Atomic Energy as follows:

(A) Sarov (Arzamas–16).

(B) Zarechnyy (Penza–19).

(C) Novoural’sk (Sverdlovsk–44).

(D) Lesnoy (Sverdlovsk–45).

(E) Ozersk (Chelyabinsk–65).

(F) Snezhinsk (Chelyabinsk–70).

(G) Trechgornyy (Zlatoust–36).

(H) Seversk (Tomsk–7).

(I) Zheleznogorsk (Krasnoyarsk–26).

(J) Zelenogorsk (Krasnoyarsk–45).

(2) The term ‘‘Russian nuclear complex’’ means all of the

nuclear cities.

(3) The term ‘‘serial production facilities’’ means the facilities in Russia that are located at the following cities:

(A) Avangard.

(B) Lesnoy (Sverdlovsk–45).

(C) Trechgornyy (Zlatoust–36).

(D) Zarechnyy (Penza–19).

SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.

(a) REPORT REQUIRED.—Not later than March 1, 2001, the Secretary of Energy shall submit to the Committee on Armed Services

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

of Representatives a report on the efforts of the Department of Energy to ensure adequate oversight and accountability of the Department’s nonproliferation programs in Russia and the potential costs

and effects of the use of on-the-ground monitoring for the Department’s significant nonproliferation programs in Russia. The report

shall include the following:

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(1) A detailed discussion of the current management and

oversight mechanisms used to ensure that Federal funds are expended for the intended purposes of those programs and that

the projects are achieving their intended objectives.

(2) An evaluation of whether those mechanisms are adequate.

(3) A discussion of whether there is a need for additional

employees of the Department, or of contractors of the Department, to be stationed in Russia, or to visit nonproliferation

project sites in Russia on a regular basis, to monitor the programs carried out at those sites, and an estimate of the practical considerations and costs of such monitoring.

(4) An identification of each nonproliferation program and

each site at which an employee referred to in paragraph (3)

would be placed to monitor that program.

(5) A description of the costs associated with continued onthe-ground monitoring of those programs, including the costs

associated with placing those employees in Russia.

(6) Recommendations regarding the most cost-effective option for the Department to pursue to ensure that Federal funds

for those programs are expended for the intended purposes of

those programs.

(7) Any recommendations of the Secretary for further improvements in the oversight and accountability of those programs, including any proposed legislation.

(b) GAO REPORT.—Not later than April 15, 2001, the Comptroller General shall submit to the committees referred to in subsection (a) a report setting forth the assessment of the Comptroller

General concerning the information contained in the report required

by that subsection.

SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF

NONPROLIFERATION PROGRAMS.

It is the sense of Congress that there should be clear and effective coordination among—

(1) the Nuclear Cities Initiative;

(2) the Initiatives for Proliferation Prevention program;

(3) the Cooperative Threat Reduction programs;

(4) the Nuclear Materials Protection, Control, and Accounting Program; and

(5) the International Science and Technology Center program.

SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY PROGRAM.

Amounts authorized to be appropriated or otherwise made

available by this title for the Department of Energy for fiscal year

2001 for the International Nuclear Safety Program in the former

Soviet Union and Eastern Europe shall be available only for purposes of reactor safety upgrades and training relating to nuclear operator and reactor safety.

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Subtitle G—Other Matters

SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL.

Section 3161(c)(1) of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337; 42 U.S.C. 7231 note) is

amended by striking ‘‘September 30, 2000’’ and inserting ‘‘September 30, 2002’’.

SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NUCLEAR

TEST READINESS POSTURES.

Section 3152 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 623) is amended—

(1) by inserting ‘‘(a) REPORT.—’’ before ‘‘Not later than February 15, 1996,’’; and

(2) by adding at the end the following:

‘‘(b) BIENNIAL UPDATE REPORT.—(1) Not later than February 15

of each odd-numbered year, the Secretary shall submit to the congressional defense committees a report containing an update of the

report required under subsection (a), as updated by any report previously submitted under this paragraph.

‘‘(2) Each report under paragraph (1) shall include, as of the

date of such report, the following:

‘‘(A) A list and description of the workforce skills and capabilities that are essential to carry out underground nuclear tests

at the Nevada Test Site.

‘‘(B) A list and description of the infrastructure and physical plant that are essential to carry out underground nuclear

tests at the Nevada Test Site.

‘‘(C) A description of the readiness status of the skills and

capabilities described in subparagraph (A) and of the infrastructure and physical plant described in subparagraph (B).

‘‘(3) Each report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.’’.

SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF

RESTRICTED DATA AND FORMERLY RESTRICTED DATA.

(a) FREQUENCY OF REPORTS.—Section 3161(f)(2) of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105–261; 112 Stat. 2261; 50 U.S.C. 435 note) is amended to read as follows:

‘‘(2) The Secretary of Energy shall, on a quarterly basis, submit

a report to the committees and Assistant to the President specified

in subsection (d). The report shall state whether any inadvertent releases described in paragraph (1) occurred during the immediately

preceding quarter and, if so, shall identify each such release.’’.

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

apply with respect to inadvertent releases of Restricted Data and

Formerly Restricted Data that are discovered on or after the date of

the enactment of this Act.

SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR RELIABILITY OF THE NUCLEAR WEAPONS STOCKPILE.

Any certification submitted to the President by the Secretary of

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ty or reliability of a nuclear weapon type in the United States nuclear weapons stockpile shall be submitted in classified form only.

SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION

TO DEPARTMENT OF ENERGY AND CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE STEWARDSHIP AND SECURITY.

(a) AUTHORITY TO PRESENT CERTIFICATE OF COMMENDATION.—

The Secretary of Energy may present a certificate of commendation

to any current or former employee of the Department of Energy, and

any current or former employee of a Department contractor, whose

service to the Department in matters relating to stockpile stewardship and security assisted the Department in furthering the national

security interests of the United States.

(b) CERTIFICATE.—The certificate of commendation presented to

a current or former employee under subsection (a) shall include an

appropriate citation of the service of the current or former employee

described in that subsection, including a citation for dedication, intellect, and sacrifice in furthering the national security interests of

the United States by maintaining a strong, safe, and viable United

States nuclear deterrent during the Cold War or thereafter.

(c) DEPARTMENT OF ENERGY DEFINED.—For purposes of this

section, the term ‘‘Department of Energy’’ includes any predecessor

agency of the Department of Energy.

SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS FOR GOVERNMENT-OWNED, CONTRACTOR-OPERATED LABORATORIES.

(a) STRATEGIC PLANS.—Subsection (a) of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)

is amended by striking ‘‘joint work statement,’’ and inserting ‘‘joint

work statement or, if permitted by the agency, in an agency-approved annual strategic plan,’’.

(b) EXPERIMENTAL FEDERAL WAIVERS.—Subsection (b) of that

section is amended by adding at the end the following new paragraph:

‘‘(6)(A) In the case of a laboratory that is part of the National

Nuclear Security Administration, a designated official of that Administration may waive any license retained by the Government

under paragraph (1)(A), (2), or (3)(D), in whole or in part and according to negotiated terms and conditions, if the designated official

finds that the retention of the license by the Government would substantially inhibit the commercialization of an invention that would

otherwise serve an important national security mission.

‘‘(B) The authority to grant a waiver under subparagraph (A)

shall expire on the date that is five years after the date of the enactment of the Floyd D. Spence National Defense Authorization Act for

Fiscal Year 2001. The expiration under the preceding sentence of

authority to grant a waiver under subparagraph (A) shall not affect

any waiver granted under that subparagraph before the expiration

of such authority.

‘‘(C) Not later than February 15 of each year, the Administrator

for Nuclear Security shall submit to Congress a report on any waivers granted under this paragraph during the preceding year.’’.

(c) TIME REQUIRED FOR APPROVAL.—Subsection (c)(5) of that

section is amended—

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(1) by striking subparagraph (C);

(2) by redesignating subparagraph (D) as subparagraph

(C); and

(3) in subparagraph (C), as so redesignated—

(A) in clause (i)—

(i) by striking ‘‘with a small business firm’’; and

(ii) by inserting ‘‘if’’ after ‘‘statement’’; and

(B) by adding at the end the following new clauses:

‘‘(iv) Any agency that has contracted with a non-Federal entity

to operate a laboratory may develop and provide to such laboratory

one or more model cooperative research and development agreements for purposes of standardizing practices and procedures, resolving common legal issues, and enabling review of cooperative research and development agreements to be carried out in a routine

and prompt manner.

‘‘(v) A Federal agency may waive the requirements of clause (i)

or (ii) under such circumstances as the agency considers appropriate.’’.

SEC. 3197. OFFICE OF ARCTIC ENERGY.

(a) ESTABLISHMENT.—The Secretary of Energy may establish

within the Department of Energy an Office of Arctic Energy.

(b) PURPOSES.—The purposes of such office shall be as follows:

(1) To promote research, development, and deployment of

electric power technology that is cost-effective and especially

well suited to meet the needs of rural and remote regions of the

United States, especially where permafrost is present or located

nearby.

(2) To promote research, development, and deployment in

such regions of—

(A) enhanced oil recovery technology, including heavy

oil recovery, reinjection of carbon, and extended reach drilling technologies;

(B) gas-to-liquids technology and liquified natural gas

(including associated transportation systems);

(C) small hydroelectric facilities, river turbines, and

tidal power;

(D) natural gas hydrates, coal bed methane, and shallow bed natural gas; and

(E) alternative energy, including wind, geothermal,

and fuel cells.

(c) LOCATION.—The Secretary shall locate such office at a university with expertise and experience in the matters specified in subsection (b).

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2001,

$18,500,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42

U.S.C. 2286 et seq.).

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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.

SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year

2001, the National Defense Stockpile Manager may obligate up to

$71,000,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h)

for the authorized uses of such funds under subsection (b)(2) of such

section, including the disposal of hazardous materials that are environmentally sensitive.

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile

Manager may obligate amounts in excess of the amount specified in

subsection (a) if the National Defense Stockpile Manager notifies

Congress that extraordinary or emergency conditions necessitate the

additional obligations. The National Defense Stockpile Manager

may make the additional obligations described in the notification

after the end of the 45-day period beginning on the date on which

Congress receives the notification.

(c) LIMITATIONS.—The authorities provided by this section shall

be subject to such limitations as may be provided in appropriations

Acts.

SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

Section 3303(a)(4) of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 112

Stat. 2263; 50 U.S.C. 98d note) is amended by striking

‘‘$590,000,000’’ and inserting ‘‘$720,000,000’’.

SEC. 3303. DISPOSAL OF TITANIUM.

(a) DISPOSAL REQUIRED.—Notwithstanding any other provision

of law, the President shall, by September 30, 2010, dispose of 30,000

short tons of titanium contained in the National Defense Stockpile.

(b) TREATMENT OF RECEIPTS.—Notwithstanding section 9 of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h),

of the funds received as a result of the disposal of titanium under

subsection (a), $6,000,000 shall be transferred to the American Battle Monuments Commission for deposit in the fund established

under section 2113 of title 36, United States Code, for the World

War II memorial authorized by section 1 of Public Law 103–32 (107

Stat. 90), and the remainder shall be deposited into the Treasury

as miscellaneous receipts.

(c) WORLD WAR II MEMORIAL.—(1) The amount transferred to

the American Battle Monuments Commission under subsection (b)

shall be used to complete all necessary requirements for the design

of, ground breaking for, construction of, maintenance of, and dedication of the World War II memorial. The Commission shall determine how the amount shall be apportioned among such purposes.

(2) Any funds not necessary for the purposes set forth in paragraph (1) shall be transferred to and deposited in the general fund

of the Treasury.

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(d) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The disposal authority provided in subsection (a) is new disposal authority

and is in addition to, and shall not affect, any other disposal authority provided by law regarding materials in the National Defense

Stockpile.

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.

SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM CERTAIN

NAVAL PETROLEUM RESERVES.

Section 7430(b)(2) of title 10, United States Code, is amended—

(1) in the matter before subparagraph (A), by striking

‘‘Naval Petroleum Reserves Numbered 1, 2, and 3’’ and inserting ‘‘Naval Petroleum Reserves Numbered 2 and 3’’; and

(2) in subparagraph (A), by striking ‘‘90 percent of’’.

SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE

OR UNIT PLANS AFFECTING NAVAL PETROLEUM RESERVE

NUMBERED 1.

(a) REPEAL.—Section 7426 of title 10, United States Code, is repealed.

(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section

7425 of such title is amended by striking ‘‘for—’’ and all that

follows through ‘‘he may acquire’’ and inserting ‘‘for exchanges of

land or agreements for conservation authorized by section 7424 of

this title, the Secretary may acquire’’.

(2) Section 7428 of such title is amended by striking ‘‘, except

a plan authorized by section 7426 of this title,’’.

(3) The table of sections at the beginning of chapter 641 of such

title is amended by striking the item relating to section 7426.

(c) SAVINGS PROVISION.—The repeal of section 7426 of title 10,

United States Code, shall not affect the validity of contracts that are

in effect under such section on the day before the date of the enactment of this Act. No such contract may be extended or renewed on

or after the date of the enactment of this Act.

SEC. 3403. DISPOSAL OF OIL SHALE RESERVE

NUMBERED 2.

(a) TRANSFER TO INDIAN TRIBE.—Section 3405 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(10 U.S.C. 7420 note; Public Law 105–261) is amended to read as

follows:

‘‘SEC. 3405. DISPOSAL OF OIL SHALE RESERVE

NUMBERED 2.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) NOSR–2.—The term ‘NOSR–2’ means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office

of the Secretary of the Interior.

‘‘(2) MOAB SITE.—The term ‘Moab site’ means the Moab

uranium milling site located approximately three miles northwest of Moab, Utah, and identified in the Final Environmental

Impact Statement issued by the Nuclear Regulatory CommisVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00534 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.174 pfrm03 PsN: HR945
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sion in March 1996 in conjunction with Source Materials License No. SUA–917.

‘‘(3) MAP.—The term ‘‘map’’ means the map depicting the

boundaries of NOSR–2, to be kept on file and available for public inspection in the offices of the Department of the Interior.

‘‘(4) TRIBE.—The term ‘Tribe’ means the Ute Indian Tribe

of the Uintah and Ouray Indian Reservation.

‘‘(5) TRUSTEE.—The term ‘Trustee’ means the Trustee of the

Moab Mill Reclamation Trust.

‘‘(b) CONVEYANCE.—(1) Except as provided in paragraph (2) and

subsection (e), all right, title, and interest of the United States in

and to all Federal lands within the exterior boundaries of NOSR–

2 (including surface and mineral rights) are hereby conveyed to the

Tribe in fee simple. The Secretary of Energy shall execute and file

in the appropriate office a deed or other instrument effectuating the

conveyance made by this section.

‘‘(2) The conveyance under paragraph (1) does not include the

following:

‘‘(A) The portion of the bed of Green River contained entirely within NOSR–2, as depicted on the map.

‘‘(B) The land (including surface and mineral rights) to the

west of the Green River within NOSR–2, as depicted on the

map.

‘‘(C) A 1⁄4 mile scenic easement on the east side of the Green

River within NOSR–2.

‘‘(c) CONDITIONS ON CONVEYANCE.—(1) The conveyance under

subsection (b) is subject to valid existing rights in effect on the day

before the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.

‘‘(2) On completion of the conveyance under subsection (b), the

United States relinquishes all management authority over the conveyed land, including tribal activities conducted on the land.

‘‘(3) The land conveyed to the Tribe under subsection (b) shall

not revert to the United States for management in trust status.

‘‘(4) The reservation of the easement under subsection (b)(2)(C)

shall not affect the right of the Tribe to use and maintain access to

the Green River through the use of the road within the easement,

as depicted on the map.

‘‘(5) Each withdrawal that applies to NOSR–2 and that is in effect on the date of the enactment of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 is revoked to the extent that the withdrawal applies to NOSR–2.

‘‘(6) Notwithstanding that the land conveyed to the Tribe under

subsection (b) shall not be part of the reservation of the Tribe, such

land shall be deemed to be part of the reservation of the Tribe for

the purposes of criminal and civil jurisdiction.

‘‘(d) ADMINISTRATION OF UNCONVEYED LAND AND INTERESTS IN

LAND.—(1) The land and interests in land excluded by subparagraphs (A) and (B) of subsection (b)(2) from conveyance under subsection (b) shall be administered by the Secretary of the Interior in

accordance with the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1701 et seq.).

‘‘(2) Not later than three years after the date of the enactment

of the Floyd D. Spence National Defense Authorization Act for FisVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00535 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.175 pfrm03 PsN: HR945
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cal Year 2001, the Secretary of the Interior shall submit to Congress

a land use plan for the management of the land and interests in

land referred to in paragraph (1).

‘‘(3) There are authorized to be appropriated to the Secretary of

the Interior such sums as are necessary to carry out this subsection.

‘‘(e) ROYALTY.—(1) Notwithstanding the conveyance under subsection (b), the United States retains a nine percent royalty interest

in the value of any oil, gas, other hydrocarbons, and all other minerals that are produced, saved, and sold from the conveyed land

during the period beginning on the date of the conveyance and ending on the date the Secretary of Energy releases the royalty interest

under subsection (i).

‘‘(2) The royalty payments shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas,

hydrocarbons, or minerals are being produced, saved, sold, or extracted. The Secretary of Energy shall retain and use the payments

in the manner provided in subsection (i)(3).

‘‘(3) The royalty interest retained by the United States under

this subsection does not include any development, production, marketing, and operating expenses.

‘‘(4) The Tribe shall submit to the Secretary of Energy and to

Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b).

‘‘(5) Not later than five years after the date of the enactment of

the Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001, and every five years thereafter, the Tribe shall obtain an

audit of all resource development activities of the Tribe concerning

the conveyance under subsection (b), as provided under chapter 75

of title 31, United States Code. The results of each audit under this

paragraph shall be included in the next annual report submitted

under paragraph (4).

‘‘(f) RIVER MANAGEMENT.—(1) The Tribe shall manage, under

Tribal jurisdiction and in accordance with ordinances adopted by

the Tribe, land of the Tribe that is adjacent to, and within 1⁄4 mile

of, the Green River in a manner that—

‘‘(A) maintains the protected status of the land; and

‘‘(B) is consistent with the government-to-government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary of

the Interior.

‘‘(2) An ordinance referred to in paragraph (1) shall not impair,

limit, or otherwise restrict the management and use of any land

that is not owned, controlled, or subject to the jurisdiction of the

Tribe.

‘‘(3) An ordinance adopted by the Tribe and referenced in the

government-to-government agreement may not be repealed or

amended without the written approval of both the Tribe and the

Secretary of the Interior.

‘‘(g) PLANT SPECIES.—(1) In accordance with a government-togovernment agreement between the Tribe and the Secretary of the

Interior, in a manner consistent with levels of legal protection in effect on the date of the enactment of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001, the Tribe shall proVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00536 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.175 pfrm03 PsN: HR945
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tect, under ordinances adopted by the Tribe, any plant species that

is—

‘‘(A) listed as an endangered species or threatened species

under section 4 of the Endangered Species Act of 1973 (16

U.S.C. 1533); and

‘‘(B) located or found on the NOSR–2 land conveyed to the

Tribe.

‘‘(2) The protection described in paragraph (1) shall be performed solely under tribal jurisdiction.

‘‘(h) HORSES.—(1) The Tribe shall manage, protect, and assert

control over any horse not owned by the Tribe or tribal members

that is located or found on the NOSR–2 land conveyed to the Tribe

in a manner that is consistent with Federal law governing the management, protection, and control of horses in effect on the date of the

enactment of the Floyd D. Spence National Defense Authorization

Act for Fiscal Year 2001.

‘‘(2) The management, control, and protection of horses described in paragraph (1) shall be performed solely—

‘‘(A) under tribal jurisdiction; and

‘‘(B) in accordance with a government-to-government agreement between the Tribe and the Secretary of the Interior.

‘‘(i) REMEDIAL ACTION AT MOAB SITE.—(1)(A) The Secretary of

Energy shall prepare a plan for remediation, including ground

water restoration, of the Moab site in accordance with title I of the

Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C.

7911 et seq.). The Secretary of Energy shall enter into arrangements

with the National Academy of Sciences to obtain the technical advice, assistance, and recommendations of the National Academy of

Sciences in objectively evaluating the costs, benefits, and risks associated with various remediation alternatives, including removal or

treatment of radioactive or other hazardous materials at the site,

ground water restoration, and long-term management of residual

contaminants. If the Secretary prepares a remediation plan that is

not consistent with the recommendations of the National Academy

of Sciences, the Secretary shall submit to Congress a report explaining the reasons for deviation from the National Academy of

Sciences’ recommendations.

‘‘(B) The remediation plan required by subparagraph (A) shall

be completed not later than one year after the date of the enactment

of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and the Secretary of Energy shall commence remedial action at the Moab site as soon as practicable after the completion of the plan.

‘‘(C) The license for the materials at the Moab site issued by the

Nuclear Regulatory Commission shall terminate one year after the

date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, unless the Secretary of Energy

determines that the license may be terminated earlier. Until the license is terminated, the Trustee, subject to the availability of funds

appropriated specifically for a purpose described in clauses (i)

through (iii) or made available by the Trustee from the Moab Mill

Reclamation Trust, may carry out—

‘‘(i) interim measures to reduce or eliminate localized high

ammonia concentrations in the Colorado River, identified by

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the United States Geological Survey in a report dated March

27, 2000;

‘‘(ii) activities to dewater the mill tailings at the Moab site;

and

‘‘(iii) other activities related to the Moab site, subject to the

authority of the Nuclear Regulatory Commission and in consultation with the Secretary of Energy.

‘‘(D) As part of the remediation plan for the Moab site required

by subparagraph (A), the Secretary of Energy shall develop, in consultation with the Trustee, the Nuclear Regulatory Commission, and

the State of Utah, an efficient and legal means for transferring all

responsibilities and title to the Moab site and all the materials

therein from the Trustee to the Department of Energy.

‘‘(2) The Secretary of Energy shall limit the amounts expended

in carrying out the remedial action under paragraph (1) to—

‘‘(A) amounts specifically appropriated for the remedial action in an appropriation Act; and

‘‘(B) other amounts made available for the remedial action

under this subsection.

‘‘(3)(A) The royalty payments received by the Secretary of Energy under subsection (e) shall be available to the Secretary, without

further appropriation, to carry out the remedial action under paragraph (1) until such time as the Secretary determines that all costs

incurred by the United States to carry out the remedial action (other

than costs associated with long-term monitoring) have been paid.

‘‘(B) Upon making the determination referred to in subparagraph (A), the Secretary of Energy shall transfer all remaining royalty amounts to the general fund of the Treasury and release to the

Tribe the royalty interest retained by the United States under subsection (e).

‘‘(4)(A) Funds made available to the Department of Energy for

national security activities shall not be used to carry out the remedial action under paragraph (1), except that the Secretary of Energy

may use such funds for program direction directly related to the remedial action.

‘‘(B) There are authorized to be appropriated to the Secretary of

Energy to carry out the remedial action under paragraph (1) such

sums as are necessary.

‘‘(5) If the Moab site is sold after the date on which the Secretary of Energy completes the remedial action under paragraph (1),

the seller shall pay to the Secretary of Energy, for deposit in the

general fund of the Treasury, the portion of the sale price that the

Secretary determines resulted from the enhancement of the value of

the Moab site as a result of the remedial action. The enhanced value

of the Moab site shall be equal to the difference between—

‘‘(A) the fair market value of the Moab site on the date of

enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, based on information available

on that date; and

‘‘(B) the fair market value of the Moab site, as appraised

on completion of the remedial action.’’.

(b) URANIUM MILL TAILINGS.—Section 102 of the Uranium Mill

Tailings Radiation Control Act of 1978 (42 U.S.C. 7912) is amended

by adding at the end the following new subsection:

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‘‘(f) DESIGNATION OF MOAB SITE AS PROCESSING SITE.—

‘‘(1) DESIGNATION.—Notwithstanding any other provision of

law, the Moab uranium milling site (referred to in this subsection as the ‘Moab site’) located approximately three miles

northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory

Commission in March 1996 in conjunction with Source Materials License No. SUA–917, is designated as a processing site.

‘‘(2) APPLICABILITY.—This title applies to the Moab site in

the same manner and to the same extent as to other processing

sites designated under subsection (a), except that—

‘‘(A) sections 103, 104(b), 107(a), 112(a), and 115(a) of

this title shall not apply; and

‘‘(B) a reference in this title to the date of the enactment

of this Act shall be treated as a reference to the date of the

enactment of this subsection.

‘‘(3) REMEDIATION.—Subject to the availability of appropriations for this purpose, the Secretary shall conduct remediation at the Moab site in a safe and environmentally sound

manner that takes into consideration the remedial action plan

prepared pursuant to section 3405(i) of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (10

U.S.C. 7420 note; Public Law 105–261), including—

‘‘(A) ground water restoration; and

‘‘(B) the removal, to a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab site and the floodplain of the Colorado

River.’’.

(c) CONFORMING AMENDMENT.—Section 3406 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(10 U.S.C. 7420 note; Public Law 105–261) is amended by adding

at the end the following new subsection:

‘‘(f) OIL SHALE RESERVE NUMBERED 2.—This section does not

apply to the transfer of Oil Shale Reserve Numbered 2 under section

3405.’’.

TITLE XXXV—MARITIME 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.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2001.

Funds are hereby authorized to be appropriated for fiscal year

2001, to be available without fiscal year limitation if so provided in

appropriations Acts, for the use of the Department of Transportation

for the Maritime Administration as follows:

(1) For expenses necessary for operations and training activities, $94,260,000.

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(2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App.

U.S.C. 1271 et seq.), $54,179,000, of which— (A) $50,000,000 is for the cost (as defined in section

502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.

661a(5))) of loan guarantees under the program; and (B) $4,179,000 is for administrative expenses related to

loan guarantee commitments under the program.

SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VESSELS.

(a) EXTENSION OF SCRAPPING AUTHORITY UNDER NATIONAL

MARITIME HERITAGE ACT OF 1994.—Section 6(c)(1) of the National

Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is amended—

(1) in subparagraph (A) by striking ‘‘2001’’ and inserting

‘‘2006’’; and

(2) by striking subparagraph (B) and inserting the following:

‘‘(B) in the manner that provides the best value to the

Government, except in any case in which obtaining the best

value would require towing a vessel and such towing poses

a serious threat to the environment; and’’.

(b) SELECTION OF SCRAPPING FACILITIES.—The Secretary of

Transportation may scrap obsolete vessels pursuant to section

6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C.

5405(c)(1)) through qualified scrapping facilities, using the most expeditious scrapping methodology and location practicable. Scrapping facilities shall be selected under that section on a best value

basis consistent with the Federal Acquisition Regulation, as in effect

on the date of the enactment of this Act, without any predisposition

toward foreign or domestic facilities taking into consideration,

among other things, the ability of facilities to scrap vessels—

(1) at least cost to the Government;

(2) in a timely manner;

(3) giving consideration to worker safety and the environment; and

(4) in a manner that minimizes the geographic distance

that a vessel must be towed when towing a vessel poses a serious threat to the environment.

(c) LIMITATION ON SCRAPPING BEFORE PROGRAM.—

(1) IN GENERAL.—Until the report required by subsection

(d)(1) is transmitted to the congressional committees referred to

in that subsection, the Secretary may not proceed with the

scrapping of any vessel in the National Defense Reserve Fleet

except the following:

(A) Donner.

(B) Export Commerce.

(C) Builder.

(D) Albert E. Watts.

(E) Wayne Victory.

(F) Mormacdawn.

(G) Mormacmoon.

(H) Santa Elena.

(I) Santa Isabel.

(J) Santa Cruz.

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(K) Protector.

(L) Lauderdale.

(N) PVT. Fred C. Murphy.

(M) Beaujolais.

(O) Meacham.

(P) Neaco.

(Q) Wabash.

(R) Nemasket.

(S) Mirfak.

(T) GEN. Alex M. Patch.

(U) Arthur M. Huddell.

(V) Washington.

(W) Suffolk County.

(X) Crandall.

(Y) Crilley.

(Z) Rigel.

(AA) Vega.

(BB) Compass Island.

(CC) Export Challenger.

(DD) Preserver.

(EE) Marine Fiddler.

(FF) Wood County.

(GG) Catawba Victory.

(HH) Gen. Nelson M. Walker.

(II) Lorain County.

(JJ) Lynch.

(KK) Mission Santa Ynez.

(LL) Caloosahatchee.

(MM) Canisteo.

(2) PRIORITIZATION.—The Secretary shall exercise discretion

to prioritize for scrapping those vessels identified in paragraph

(1) that pose the most immediate threat to the environment.

(d) SCRAPPING PROGRAM FOR OBSOLETE NATIONAL DEFENSE

RESERVE FLEET VESSELS.—

(1) DEVELOPMENT OF PROGRAM; REPORT.—The Secretary of

Transportation, in consultation with the Secretary of the Navy

and the Administrator of the Environmental Protection Agency,

shall within 6 months after the date of the enactment of this

Act—

(A) develop a program for the scrapping of obsolete National Defense Reserve Fleet vessels; and

(B) submit a report on the program to the Committee

on Transportation and Infrastructure and the Committee

on Resources of the House of Representatives, the Committee on Commerce, Science, and Transportation of the

Senate, and the Committees on Armed Services of the

House of Representatives and the Senate.

(2) CONTENTS OF REPORT.—The report shall include information concerning the initial determination of scrapping capacity, both domestically and abroad, appropriate proposed regulations to implement the program, funding and staffing requirements, milestone dates for the disposal of each obsolete vessel,

and longterm cost estimates for the program.

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(3) ALTERNATIVES.—In developing the program, the Secretary of Transportation, in consultation with the Secretary of

the Navy and the Administrator of the Environmental Protection Agency, shall consider all alternatives and available information, including—

(A) alternative scrapping sites;

(B) vessel donations;

(C) sinking of vessels in deep water;

(D) sinking vessels for development of artificial reefs;

(E) sales of vessels before they become obsolete;

(F) results from the Navy Ship Disposal Program

under section 8124 of the Department of Defense Appropriations Act, 1999; and

(G) the Report of the Department of Defense’s Interagency Panel on Ship Scrapping issued in April 1998.

(e) REPORT.—Not later than 1 year after the date of the enactment of this Act, and every 6 months thereafter, the Secretary of

Transportation, in coordination with the Secretary of the Navy,

shall report to the Committee on Transportation and Infrastructure

and the Committee on Resources of the House of Representatives,

the Committee on Commerce, Science, and Transportation of the

Senate, and the Committees on Armed Services of the House of Representatives and the Senate on the progress of the vessel scrapping

program developed under subsection (d)(1) and on the progress of

any other scrapping of obsolete Government-owned vessels.

(f) PRESIDENTIAL RECOMMENDATION.—The President shall

transmit with the report required by subsection (d)(1) a recommendation on—

(1) whether it is necessary to amend the Toxic Substances

Control Act (15 U.S.C. 2601 et seq.) or any other environmental

statute or regulatory requirements relevant to the disposal of

vessels described in section 6(c)(2) of the National Maritime

Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by September 30,

2006; and

(2) any proposed changes to those requirements to carry out

such disposals.

SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE

FLEET VESSEL, GLACIER.

(a) AUTHORITY TO CONVEY.—The Secretary of Transportation

(in this section referred to as ‘‘the Secretary’’) may, subject to subsection (b), convey all right, title, and interest of the United States

Government in and to the vessel in the National Defense Reserve

Fleet that was formerly the U.S.S. Glacier (United States official

number AGB–4) to the Glacier Society, Inc., a corporation established under the laws of the State of Connecticut that is located in

Bridgeport, Connecticut (in this section referred to as the ‘‘recipient’’).

(b) TERMS OF CONVEYANCE.—

(1) REQUIRED CONDITIONS.—The Secretary may not convey

a vessel under this section unless the recipient—

(A) agrees to use the vessel for the purpose of a monument to the accomplishments of members of the Armed

Forces of the United States, civilians, scientists, and diplomats in exploration of the Arctic and the Antarctic;

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(B) agrees that the vessel will not be used for commercial purposes;

(C) agrees to make the vessel available to the Government if the Secretary requires use of the vessel by the Government for war or national emergency;

(D) agrees to hold the Government harmless for any

claims arising from exposure to asbestos, polychlorinated

biphenyls, or lead paint after the conveyance of the vessel,

except for claims arising from use of the vessel by the Government pursuant to the agreement under subparagraph

(C); and

(E) provides sufficient evidence to the Secretary that it

has available for use to restore the vessel, in the form of

cash, liquid assets, or a written loan commitment, financial

resources of at least $100,000.

(2) DELIVERY OF VESSEL.—If the Secretary conveys the vessel under this section, the Secretary shall deliver the vessel—

(A) at the place where the vessel is located on the date

of conveyance;

(B) in its condition on that date; and

(C) at no cost to the United States Government.

(3) ADDITIONAL TERMS.—The Secretary may require such

additional terms in connection with the conveyance authorized

by this section as the Secretary considers appropriate.

(c) OTHER UNNEEDED EQUIPMENT.—If the Secretary conveys the

vessel under this section, the Secretary may also convey to the recipient any unneeded equipment from other vessels in the National

Defense Reserve Fleet or Government storage facilities for use to restore the vessel to museum quality or to its original configuration

(or both).

(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain in the National Defense Reserve Fleet the vessel authorized to

be conveyed under this section until the earlier of—

(1) 2 years after the date of the enactment of this Act; or

(2) the date of the conveyance of the vessel under this section.

SEC. 3504. MARITIME INTERMODAL RESEARCH.

Section 8 of Public Law 101–115 (46 U.S.C. App. 1121–2) is

amended by adding at the end thereof the following:

‘‘(f) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.—

‘‘(1) IN GENERAL.—The Secretary may make a grant under

section 5505 of title 49, United States Code, to an institute designated under subsection (a) for maritime and maritime intermodal research under that section as if the institute were a university transportation center.

‘‘(2) ADVICE AND CONSULTATION OF MARAD.—In making a

grant under the authority of paragraph (1), the Secretary,

through the Research and Special Programs Administration,

shall advise the Maritime Administration concerning the availability of funds for the grants, and consult with the Administration on the making of the grants.’’.

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SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.

(a) IN GENERAL.—The Secretary of Transportation shall conduct a study of maritime research and technology development, and

report its findings and conclusions, together with any recommendations it finds appropriate, to the Congress within 9 months after the

date of enactment of this Act.

(b) REQUIRED AREAS OF STUDY.—The Secretary shall include

the following items in the report required by subsection (a):

(1) The approximate dollar values appropriated by the Congress for each of the 5 fiscal years ending before the study is

commenced for each of the following modes of transportation:

(A) Highway.

(B) Rail.

(C) Aviation.

(D) Public transit.

(E) Maritime.

(2) A description of how Federal funds appropriated for research in the different transportation modes are utilized.

(3) A summary and description of current research and

technology development funds appropriated for each of those fiscal years for maritime research initiatives, with separate categories for funds provided to the Coast Guard for marine safety

research purposes.

(4) A description of cooperative mechanisms that could be

used to attract and leverage non-federal investments in United

States maritime research and technology development and application programs, including the potential for the creation of

maritime transportation research centers and the benefits of cooperating with existing surface transportation research centers.

(5) Proposals for research and technology development

funding to facilitate the evolution of Maritime Transportation

System.

(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts authorized to be appropriated under section 3401 for operations and

training, $100,000 is authorized to carry out this section.

SEC. 3506. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.

The Maritime Administration, in its annual report to the Congress under section 208 of the Merchant Marine Act, 1936 (46

U.S.C. App. 1118), and in its annual budget estimate submitted to

the Congress, shall state separately the amount, source, intended

use, and nature of any funds (other than funds appropriated to the

Administration or to the Secretary of Transportation for use by the

Administration) administered, or subject to oversight, by the Administration.

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

Sec. 3601. Short title.

Sec. 3602. Findings; sense of Congress.

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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.

SEC. 3601. SHORT TITLE.

This title may be cited as the ‘‘Energy Employees Occupational

Illness Compensation Program Act of 2000’’.

SEC. 3602. FINDINGS; SENSE OF CONGRESS.

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

(1) Since World War II, Federal nuclear activities have

been explicitly recognized under Federal law as activities that

are ultra-hazardous. Nuclear weapons production and testing

have involved unique dangers, including potential catastrophic

nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive substances and beryllium that, even in small amounts, can cause medical harm.

(2) Since the inception of the nuclear weapons program and

for several decades afterwards, a large number of nuclear weapons workers at sites of the Department of Energy and at sites

of vendors 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.

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(3) Many previously secret records have documented

unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the

Department of Energy and its predecessor agencies have been,

since World War II, self-regulating with respect to nuclear safety and occupational safety and health. No other hazardous Federal activity has been permitted to be carried out under such

sweeping powers of self-regulation.

(4) The policy of the Department of Energy has been to litigate occupational illness claims, which has deterred workers

from filing workers’ compensation claims and has imposed

major financial burdens for such employees who have sought

compensation. Contractors of the Department have been held

harmless and the employees have been 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 of such employees are experiencing increased risks of dying from cancer

and non-malignant diseases. Several of these studies have also

established a correlation between excess diseases and exposure

to radiation and beryllium.

(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 can cause beryllium

sensitivity and chronic beryllium disease. Furthermore, studies

indicate than 98 percent of radiation-induced cancers within

the nuclear weapons complex have occurred at dose levels below

existing maximum safe thresholds.

(7) Existing information indicates that State workers’ compensation programs do not provide a uniform means of ensuring adequate compensation for the types of occupational illnesses and diseases that relate to the employees at those sites.

(8) To ensure fairness and equity, the civilian men and

women who, over the past 50 years, have performed duties

uniquely related to the nuclear weapons production and testing

programs of the Department of Energy and its predecessor

agencies should have efficient, uniform, and adequate compensation for beryllium-related health conditions and radiationrelated health conditions.

(9) On April 12, 2000, the Secretary of Energy announced

that the Administration intended to seek compensation for individuals with a broad range of work-related illnesses throughout

the Department of Energy’s nuclear weapons complex.

(10) However, as of October 2, 2000, the Administration

has failed to provide Congress with the necessary legislative

and budget proposals to enact the promised compensation program.

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

(1) a program should be established to provide compensation to covered employees;

(2) a fund for payment of such compensation should be established on the books of the Treasury;

(3) payments from that fund should be made only after—

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(A) the identification of employees of the Department of

Energy (including its predecessor agencies), and of contractors of the Department, who may be members of the group

of covered employees;

(B) the establishment of a process to receive and administer claims for compensation for disability or death of

covered employees;

(C) the submittal by the President of a legislative proposal for compensation of such employees that includes the

estimated annual budget resources for that compensation;

and

(D) consideration by the Congress of the legislative proposal submitted by the President; and

(4) payments from that fund should commence not later

than fiscal year 2002.

Subtitle A—Establishment of Compensation

Program and Compensation Fund

SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION PROGRAM.

(a) PROGRAM ESTABLISHED.—There is hereby established a program to be known as the ‘‘Energy Employees Occupational Illness

Compensation Program’’ (in this title referred to as the ‘‘compensation program’’). The President shall carry out the compensation program through one or more Federal agencies or officials, as designated by the President.

(b) PURPOSE OF PROGRAM.—The purpose of the compensation

program is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such

employees, suffering from illnesses incurred by such employees in

the performance of duty for the Department of Energy and certain

of its contractors and subcontractors.

(c) ELIGIBILITY FOR COMPENSATION.—The eligibility of covered

employees for compensation under the compensation program shall

be determined in accordance with the provisions of subtitle B as

may be modified by a law enacted after the date of the submittal

of the proposal for legislation required by section 3613.

SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND.

(a) ESTABLISHMENT.—There is hereby established on the books

of the Treasury a fund to be known as the ‘‘Energy Employees Occupational Illness Compensation Fund’’ (in this title referred to as the

‘‘compensation fund’’).

(b) AMOUNTS IN COMPENSATION FUND.—The compensation

fund shall consist of the following amounts:

(1) Amounts appropriated to the compensation fund pursuant to the authorization of appropriations in section 3614(b).

(2) Amounts transferred to the compensation fund under

subsection (c).

(c) FINANCING OF COMPENSATION FUND.—Upon the exhaustion

of amounts in the compensation fund attributable to the authorization of appropriations in section 3614(b), the Secretary of the TreasVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00547 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.179 pfrm03 PsN: HR945
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ury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such

amounts as are further necessary to carry out the compensation program.

(d) USE OF COMPENSATION FUND.—Subject to subsection (e),

amounts in the compensation fund shall be used to carry out the

compensation program.

(e) ADMINISTRATIVE COSTS NOT PAID FROM COMPENSATION

FUND.—No cost incurred in carrying out the compensation program,

or in administering the compensation fund, shall be paid from the

compensation fund or set off against or otherwise deducted from any

payment to any individual under the compensation program.

(f) INVESTMENT OF AMOUNTS IN COMPENSATION FUND.—

Amounts in the compensation fund shall be invested in accordance

with section 9702 of title 31, United States Code, and any interest

on, and proceeds from, any such investment shall be credited to and

become a part of the compensation fund.

SEC. 3613. LEGISLATIVE PROPOSAL.

(a) LEGISLATIVE PROPOSAL REQUIRED.—Not later than March

15, 2001, the President shall submit to Congress a proposal for legislation to implement the compensation program. The proposal for

legislation shall include, at a minimum, the specific recommendations (including draft legislation) of the President for the following:

(1) The types of compensation and benefits, including lost

wages, medical benefits, and any lump-sum settlement payments, to be provided under the compensation program.

(2) Any adjustments or modifications necessary to appropriately administer the compensation program under subtitle B.

(3) Whether to expand the compensation program to include

other illnesses associated with exposure to toxic substances.

(4) Whether to expand the class of individuals who are

members of the Special Exposure Cohort (as defined in section

3621(14)).

(b) ASSESSMENT OF POTENTIAL COVERED EMPLOYEES AND REQUIRED AMOUNTS.—The President shall include with the proposal

for legislation under subsection (a) the following:

(1) An estimate of the number of covered employees that the

President determines were exposed in the performance of duty.

(2) An estimate, for each fiscal year of the compensation

program, of the amounts to be required for compensation and

benefits anticipated to be provided in such fiscal year under the

compensation program.

SEC. 3614. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Pursuant to the authorization of appropriations in section 3103(a), $25,000,000 may be used for purposes of

carrying out this title.

(b) COMPENSATION FUND.—There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupational Illness Compensation Fund established by section 3612.

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Subtitle B—Program Administration

SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION.

In this title:

(1) The term ‘‘covered employee’’ means any of the following:

(A) A covered beryllium employee.

(B) A covered employee with cancer.

(C) To the extent provided in section 3627, a covered

employee with chronic silicosis (as defined in that section).

(2) The term ‘‘atomic weapon’’ has the meaning given that

term in section 11 d. of the Atomic Energy Act of 1954 (42

U.S.C. 2014(d)).

(3) The term ‘‘atomic weapons employee’’ means an individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the

use by the United States, material that emitted radiation and

was used in the production of an atomic weapon, excluding uranium mining and milling.

(4) The term ‘‘atomic weapons employer’’ means an entity,

other than the United States, that—

(A) processed or produced, for use by the United States,

material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining

and milling; and

(B) is designated by the Secretary of Energy as an

atomic weapons employer for purposes of the compensation

program.

(5) The term ‘‘atomic weapons employer facility’’ means a

facility, owned by an atomic weapons employer, that is or was

used to process or produce, for use by the United States, material that emitted radiation and was used in the production of

an atomic weapon, excluding uranium mining or milling.

(6) The term ‘‘beryllium vendor’’ means any of the following:

(A) Atomics International.

(B) Brush Wellman, Incorporated, and its predecessor,

Brush Beryllium Company.

(C) General Atomics.

(D) General Electric Company.

(E) NGK Metals Corporation and its predecessors,

Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America.

(F) Nuclear Materials and Equipment Corporation.

(G) StarMet Corporation and its predecessor, Nuclear

Metals, Incorporated.

(H) Wyman Gordan, Incorporated.

(I) Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor

for purposes of the compensation program under section

3622.

(7) The term ‘‘covered beryllium employee’’ means the following, if and only if the employee is determined to have been

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exposed to beryllium in the performance of duty in accordance

with section 3623(a):

(A) A current or former employee (as that term is defined in section 8101(1) of title 5, United States Code) who

may have been exposed to beryllium at a Department of Energy facility or at a facility owned, operated, or occupied by

a beryllium vendor.

(B) A current or former employee of—

(i) any entity that contracted with the Department

of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility; or

(ii) any contractor or subcontractor that provided

services, including construction and maintenance, at

such a facility.

(C) A current or former employee of a beryllium vendor,

or of a contractor or subcontractor of a beryllium vendor,

during a period when the vendor was engaged in activities

related to the production or processing of beryllium for sale

to, or use by, the Department of Energy.

(8) The term ‘‘covered beryllium illness’’ means any of the

following:

(A) Beryllium sensitivity as established by an abnormal beryllium lymphocyte proliferation test performed on

either blood or lung lavage cells.

(B) Established chronic beryllium disease.

(C) Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B).

(9) The term ‘‘covered employee with cancer’’ means any of

the following:

(A) An individual with a specified cancer who is a

member of the Special Exposure Cohort, if and only if that

individual contracted that specified cancer after beginning

employment at a Department of Energy facility (in the case

of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee).

(B)(i) An individual with cancer specified in subclause

(I), (II), or (III) of clause (ii), if and only if that individual

is determined to have sustained that cancer in the performance of duty in accordance with section 3623(b).

(ii) Clause (i) applies to any of the following:

(I) A Department of Energy employee who contracted that cancer after beginning employment at a

Department of Energy facility.

(II) A Department of Energy contractor employee

who contracted that cancer after beginning employment

at a Department of Energy facility.

(III) An atomic weapons employee who contracted

that cancer after beginning employment at an atomic

weapons employer facility.

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(10) The term ‘‘Department of Energy’’ includes the predecessor agencies of the Department of Energy, including the

Manhattan Engineering District.

(11) The term ‘‘Department of Energy contractor employee’’

means any of the following:

(A) An individual who is or was in residence at a Department of Energy facility as a researcher for one or more

periods aggregating at least 24 months.

(B) An individual who is or was employed at a Department of Energy facility by—

(i) an entity that contracted with the Department

of Energy to provide management and operating, management and integration, or environmental remediation at the facility; or

(ii) a contractor or subcontractor that provided

services, including construction and maintenance, at

the facility.

(12) The term ‘‘Department of Energy facility’’ means any

building, structure, or premise, including the grounds upon

which such building, structure, or premise is located—

(A) in which operations are, or have been, conducted

by, or on behalf of, the Department of Energy (except for

buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated February 1, 1982

(42 U.S.C. 7158 note), pertaining to the Naval Nuclear Propulsion Program); and

(B) with regard to which the Department of Energy has

or had—

(i) a proprietary interest; or

(ii) entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services.

(13) The term ‘‘established chronic beryllium disease’’

means chronic beryllium disease as established by the following:

(A) For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with

chronic beryllium disease, including—

(i) a lung biopsy showing granulomas or a

lymphocytic process consistent with chronic beryllium

disease;

(ii) a computerized axial tomography scan showing

changes consistent with chronic beryllium disease; or

(iii) pulmonary function or exercise testing showing

pulmonary deficits consistent with chronic beryllium

disease.

(B) For diagnoses before January 1, 1993, the presence

of—

(i) occupational or environmental history, or epidemiologic evidence of beryllium exposure; and

(ii) any three of the following criteria:

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(I) Characteristic chest radiographic (or computed tomography (CT)) abnormalities.

(II) Restrictive or obstructive lung physiology

testing or diffusing lung capacity defect.

(III) Lung pathology consistent with chronic

beryllium disease.

(IV) Clinical course consistent with a chronic

respiratory disorder.

(V) Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).

(14) The term ‘‘member of the Special Exposure Cohort’’

means a Department of Energy employee, Department of Energy

contractor employee, or atomic weapons employee who meets

any of the following requirements:

(A) The employee was so employed for a number of

work days aggregating at least 250 work days before February 1, 1992, at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such employment—

(i) was monitored through the use of dosimetry

badges for exposure at the plant of the external parts

of employee’s body to radiation; or

(ii) worked in a job that had exposures comparable

to a job that is or was monitored through the use of dosimetry badges.

(B) The employee was so employed before January 1,

1974, by the Department of Energy or a Department of Energy contractor or subcontractor on Amchitka Island, Alaska, and was exposed to ionizing radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin

underground nuclear tests.

(C)(i) Subject to clause (ii), the employee is an individual designated as a member of the Special Exposure Cohort by the President for purposes of the compensation program under section 3626.

(ii) A designation under clause (i) shall, unless Congress otherwise provides, take effect on the date that is 180

days after the date on which the President submits to Congress a report identifying the individuals covered by the

designation and describing the criteria used in designating

those individuals.

(15) The term ‘‘occupational illness’’ means a covered beryllium illness, cancer referred to in section 3621(9)(B), specified

cancer, or chronic silicosis, as the case may be.

(16) The term ‘‘radiation’’ means ionizing radiation in the

form of—

(A) alpha particles;

(B) beta particles;

(C) neutrons;

(D) gamma rays; or

(E) accelerated ions or subatomic particles from accelerator machines.

(17) The term ‘‘specified cancer’’ means any of the following:

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(A) A specified disease, as that term is defined in section 4(b)(2) of the Radiation Exposure Compensation Act

(42 U.S.C. 2210 note).

(B) Bone cancer.

(18) The term ‘‘survivor’’ means any individual or individuals eligible to receive compensation pursuant to section 8133

of title 5, United States Code.

SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS.

Not later than December 31, 2002, the President may, in consultation with the Secretary of Energy, designate as a beryllium

vendor for purposes of section 3621(6) any vendor, processor, or producer of beryllium or related products not previously listed under

or designated for purposes of such section 3621(6) if the President

finds that such vendor, processor, or producer has been engaged in

activities related to the production or processing of beryllium for

sale to, or use by, the Department of Energy in a manner similar

to the entities listed in such section 3621(6).

SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY.

(a) BERYLLIUM.—A covered beryllium employee shall, in the absence of substantial evidence to the contrary, be determined to have

been exposed to beryllium in the performance of duty for the purposes of the compensation program if, and only if, the covered beryllium employee was—

(1) employed at a Department of Energy facility; or

(2) present at a Department of Energy facility, or a facility

owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor

or subcontractor of the Department of Energy;

during a period when beryllium dust, particles, or vapor may have

been present at such facility.

(b) CANCER.—An individual with cancer specified in subclause

(I), (II), or (III) of section 3621(9)(B)(ii) shall be determined to have

sustained that cancer in the performance of duty for purposes of the

compensation program if, and only if, the cancer specified in that

subclause was at least as likely as not related to employment at the

facility specified in that subclause, as determined in accordance

with the guidelines established under subsection (c).

(c) GUIDELINES.—(1) For purposes of the compensation program, the President shall by regulation establish guidelines for

making the determinations required by subsection (b).

(2) The President shall establish such guidelines after technical

review by the Advisory Board on Radiation and Worker Health

under section 3624.

(3) Such guidelines shall—

(A) be based on the radiation dose received by the employee

(or a group of employees performing similar work) at such facility and the upper 99 percent confidence interval of the probability of causation in the radioepidemiological tables published

under section 7(b) of the Orphan Drug Act (42 U.S.C. 241 note),

as such tables may be updated under section 7(b)(3) of such Act

from time to time;

(B) incorporate the methods established under subsection

(d); and

524

(C) take into consideration the type of cancer, past healthrelated activities (such as smoking), information on the risk of

developing a radiation-related cancer from workplace exposure,

and other relevant factors.

(d) METHODS FOR RADIATION DOSE RECONSTRUCTIONS.—(1)

The President shall, through any Federal agency (other than the Department of Energy) or official (other than the Secretary of Energy

or any other official within the Department of Energy) that the

President may designate, establish by regulation methods for arriving at reasonable estimates of the radiation doses received by an individual specified in subparagraph (B) of section 3621(9) at a facility specified in that subparagraph by each of the following employees:

(A) An employee who was not monitored for exposure to radiation at such facility.

(B) An employee who was monitored inadequately for exposure to radiation at such facility.

(C) An employee whose records of exposure to radiation at

such facility are missing or incomplete.

(2) The President shall establish an independent review process

using the Advisory Board on Radiation and Worker Health to—

(A) assess the methods established under paragraph (1);

and

(B) verify a reasonable sample of the doses established

under paragraph (1).

(e) INFORMATION ON RADIATION DOSES.—(1) The Secretary of

Energy shall provide, to each covered employee with cancer specified

in section 3621(9)(B), information specifying the estimated radiation

dose of that employee during each employment specified in section

3621(9)(B), whether established by a dosimetry reading, by a method established under subsection (d), or by both a dosimetry reading

and such method.

(2) The Secretary of Health and Human Services and the Secretary of Energy shall each make available to researchers and the

general public information on the assumptions, methodology, and

data used in establishing radiation doses under subsection (d). The

actions taken under this paragraph shall be consistent with the protection of private medical records.

SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

(a) ESTABLISHMENT.—(1) Not later than 120 days after the date

of the enactment of this Act, the President shall establish and appoint an Advisory Board on Radiation and Worker Health (in this

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

(2) The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues

in order to ensure that the membership of the Board reflects a balance of scientific, medical, and worker perspectives.

(3) The President shall designate a Chair for the Board from

among its members.

(b) DUTIES.—The Board shall advise the President on—

(1) the development of guidelines under section 3623(c);

(2) the scientific validity and quality of dose estimation and

reconstruction efforts being performed for purposes of the compensation program; and

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(3) such other matters related to radiation and worker

health in Department of Energy facilities as the President considers appropriate.

(c) STAFF.—(1) The President shall appoint a staff to facilitate

the work of the Board. The staff shall be headed by a Director who

shall be appointed under subchapter VIII of chapter 33 of title 5,

United States Code.

(2) The President may accept as staff of the Board personnel on

detail from other Federal agencies. The detail of personnel under

this paragraph may be on a nonreimbursable basis.

(d) EXPENSES.—Members of the Board, other than full-time employees of the United States, while attending meetings of the Board

or while otherwise serving at the request of the President, while

serving away from their homes or regular places of business, shall

be allowed travel and meal expenses, including per diem in lieu of

subsistence, as authorized by section 5703 of title 5, United States

Code, for individuals in the Government serving without pay.

SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN

SERVICES.

The Secretary of Health and Human Services shall carry out

that Secretary’s responsibilities with respect to the compensation

program with the assistance of the Director of the National Institute

for Occupational Safety and Health.

SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.

(a) ADVICE ON ADDITIONAL MEMBERS.—(1) The Advisory Board

on Radiation and Worker Health under section 3624 shall advise

the President whether there is a class of employees at any Department of Energy facility who likely were exposed to radiation at that

facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.

(2) The advice of the Advisory Board on Radiation and Worker

Health under paragraph (1) shall be based on exposure assessments

by radiation health professionals, information provided by the Department of Energy, and such other information as the Advisory

Board considers appropriate.

(3) The President shall request advice under paragraph (1) after

consideration of petitions by classes of employees described in that

paragraph for such advice. The President shall consider such petitions pursuant to procedures established by the President.

(b) DESIGNATION OF ADDITIONAL MEMBERS.—Subject to the provisions of section 3621(14)(C), the members of a class of employees

at a Department of Energy facility may be treated as members of

the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board

on Radiation and Worker Health, determines that—

(1) it is not feasible to estimate with sufficient accuracy the

radiation dose that the class received; and

(2) there is a reasonable likelihood that such radiation dose

may have endangered the health of members of the class.

(c) ACCESS TO INFORMATION.—The Secretary of Energy shall

provide, in accordance with law, the Secretary of Health and

Human Services and the members and staff of the Advisory Board

on Radiation and Worker Health access to relevant information on

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worker exposures, including access to Restricted Data (as defined in

section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS.

(a) SENSE OF CONGRESS.—The Congress finds that employees

who worked in Department of Energy test sites and later contracted

chronic silicosis should also be considered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from

exposure to silica is not a condition unique to the nuclear weapons

industry, it is not the intent of Congress with this title to establish

a precedent on the question of chronic silicosis as a compensable occupational disease. Consequently, it is the sense of Congress that a

further determination by the President is appropriate before these

workers are included in the compensation program.

(b) CERTIFICATION BY PRESIDENT.—A covered employee with

chronic silicosis shall be treated as a covered employee (as defined

in section 3621(1)) for the purposes of the compensation program required by section 3611 unless the President submits to Congress not

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

certification of the President that there is insufficient basis to include such employees. The President shall submit with the certification any recommendations about the compensation program with

respect to covered employees with chronic silicosis as the President

considers appropriate.

(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF DUTY.—A

covered employee shall, in the absence of substantial evidence to the

contrary, be determined to have been exposed to silica in the performance of duty for the purposes of the compensation program if,

and only if, the employee was present for a number of work days

aggregating at least 250 work days during the mining of tunnels at

a Department of Energy facility located in Nevada or Alaska for

tests or experiments related to an atomic weapon.

(d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS.—For purposes of this title, the term ‘‘covered employee with chronic silicosis’’

means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to

silica in the performance of duty as determined under subsection (c).

(e) CHRONIC SILICOSIS.—For purposes of this title, the term

‘‘chronic silicosis’’ means a non-malignant lung disease if—

(1) the initial occupational exposure to silica dust preceded

the onset of silicosis by at least 10 years; and

(2) a written diagnosis of silicosis is made by a medical

doctor and is accompanied by—

(A) a chest radiograph, interpreted by an individual

certified by the National Institute for Occupational Safety

and Health as a B reader, classifying the existence of

pneumoconioses of category 1/1 or higher;

(B) results from a computer assisted tomograph or

other imaging technique that are consistent with silicosis;

or

(C) lung biopsy findings consistent with silicosis.

SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED.

(a) COMPENSATION PROVIDED.—(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered emVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00556 Fmt 6601 Sfmt 6603 E:\HR\OC\HR945.182 pfrm03 PsN: HR945
527

ployee if the employee is deceased, shall receive compensation for the

disability or death of that employee from that employee’s occupational illness in the amount of $150,000.

(2) A covered employee shall, to the extent that employee’s occupational illness is established beryllium sensitivity, receive beryllium sensitivity monitoring under subsection (c) in lieu of compensation under paragraph (1).

(b) MEDICAL BENEFITS.—A covered employee shall receive medical benefits under section 3629 for that employee’s occupational illness.

(c) BERYLLIUM SENSITIVITY MONITORING.—An individual receiving beryllium sensitivity monitoring under this subsection shall

receive the following:

(1) A thorough medical examination to confirm the nature

and extent of the individual’s established beryllium sensitivity.

(2) Regular medical examinations thereafter to determine

whether that individual has developed established chronic beryllium disease.

(d) PAYMENT FROM COMPENSATION FUND.—The compensation

provided under this section, when authorized or approved by the

President, shall be paid from the compensation fund established

under section 3612.

(e) SURVIVORS.—(1) Subject to the provisions of this section, if

a covered employee dies before the effective date specified in subsection (f), whether or not the death is a result of that employee’s

occupational illness, a survivor of that employee may, on behalf of

that survivor and any other survivors of that employee, receive the

compensation provided for under this section.

(2) The right to receive compensation under this section shall be

afforded to survivors in the same order of precedence as that set

forth in section 8109 of title 5, United States Code.

(f) EFFECTIVE DATE.—This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before

that date.

SEC. 3629. MEDICAL BENEFITS.

(a) MEDICAL BENEFITS PROVIDED.—The United States shall furnish, to an individual receiving medical benefits under this section

for an illness, the services, appliances, and supplies prescribed or

recommended by a qualified physician for that illness, which the

President considers likely to cure, give relief, or reduce the degree

or the period of that illness.

(b) PERSONS FURNISHING BENEFITS.—(1) These services, appliances, and supplies shall be furnished by or on the order of United

States medical officers and hospitals, or, at the individual’s option,

by or on the order of physicians and hospitals designated or approved by the President.

(2) The individual may initially select a physician to provide

medical services, appliances, and supplies under this section in accordance with such regulations and instructions as the President

considers necessary.

(c) TRANSPORTATION AND EXPENSES.—The individual may be

furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies.

528

(d) COMMENCEMENT OF BENEFITS.—An individual receiving

benefits under this section shall be furnished those benefits as of the

date on which that individual submitted the claim for those benefits

in accordance with this title.

(e) PAYMENT FROM COMPENSATION FUND.—The benefits provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under

section 3612.

(f) EFFECTIVE DATE.—This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before

that date.

SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.

(a) COMPENSATION PROVIDED.—An individual who receives, or

has received, $100,000 under section 5 of the Radiation Exposure

Compensation Act (42 U.S.C. 2210 note) for a claim made under

that Act (hereinafter in this section referred to as a ‘‘covered uranium employee’’), or the survivor of that covered uranium employee

if the employee is deceased, shall receive compensation under this

section in the amount of $50,000.

(b) MEDICAL BENEFITS.—A covered uranium employee shall receive medical benefits under section 3629 for the illness for which

that employee received $100,000 under section 5 of that Act.

(c) COORDINATION WITH RECA.—The compensation and benefits provided in subsections (a) and (b) are separate from any compensation or benefits provided under that Act.

(d) PAYMENT FROM COMPENSATION FUND.—The compensation

provided under this section, when authorized or approved by the

President, shall be paid from the compensation fund established

under section 3612.

(e) SURVIVORS.—(1) Subject to the provisions of this section, if

a covered uranium employee dies before the effective date specified

in subsection (g), whether or not the death is a result of the illness

specified in subsection (b), a survivor of that employee may, on behalf of that survivor and any other survivors of that employee, receive the compensation provided for under this section.

(2) The right to receive compensation under this section shall be

afforded to survivors in the same order of precedence as that set

forth in section 8109 of title 5, United States Code.

(f) PROCEDURES REQUIRED.—The President shall establish procedures to identify and notify each covered uranium employee, or

the survivor of that covered uranium employee if that employee is

deceased, of the availability of compensation and benefits under this

section.

(g) EFFECTIVE DATE.—This section shall take effect on July 31,

2001, unless Congress otherwise provides in an Act enacted before

that date.

SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.

(a) ASSISTANCE FOR CLAIMANTS.—The President shall, upon the

receipt of a request for assistance from a claimant under the compensation program, provide assistance to the claimant in connection

with the claim, including—

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(1) assistance in securing medical testing and diagnostic

services necessary to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and

(2) such other assistance as may be required to develop

facts pertinent to the claim.

(b) ASSISTANCE FOR POTENTIAL CLAIMANTS.—The President

shall take appropriate actions to inform and assist covered employees who are potential claimants under the compensation program,

and other potential claimants under the compensation program, of

the availability of compensation under the compensation program,

including actions to—

(1) ensure the ready availability, in paper and electronic

format, of forms necessary for making claims;

(2) provide such covered employees and other potential

claimants with information and other support necessary for

making claims, including—

(A) medical protocols for medical testing and diagnosis

to establish the existence of a covered beryllium illness,

chronic silicosis, or cancer; and

(B) lists of vendors approved for providing laboratory

services related to such medical testing and diagnosis; and

(3) provide such additional assistance to such covered employees and other potential claimants as may be required for

the development of facts pertinent to a claim.

(c) INFORMATION FROM BERYLLIUM VENDORS AND OTHER CONTRACTORS.—As part of the assistance program provided under subsections (a) and (b), and as permitted by law, the Secretary of Energy shall, upon the request of the President, require a beryllium

vendor or other Department of Energy contractor or subcontractor

to provide information relevant to a claim or potential claim under

the compensation program to the President.

Subtitle C—Treatment, Coordination, and

Forfeiture of Compensation and Benefits

SEC. 3641. OFFSET FOR CERTAIN PAYMENTS.

A payment of compensation to an individual, or to a survivor

of that individual, under subtitle B shall be offset by the amount

of any payment made pursuant to a final award or settlement on

a claim (other than a claim for worker’s compensation), against any

person, that is based on injuries incurred by that individual on account of the exposure of a covered beryllium employee, covered employee with cancer, covered employee with chronic silicosis (as defined in section 3627), or covered uranium employee (as defined in

section 3630), while so employed, to beryllium, radiation, silica, or

radiation, respectively.

SEC. 3642. SUBROGATION OF THE UNITED STATES.

Upon payment of compensation under subtitle B, the United

States is subrogated for the amount of the payment to a right or

claim that the individual to whom the payment was made may have

against any person on account of injuries referred to in section 3641.

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SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS.

The acceptance by an individual of payment of compensation

under subtitle B with respect to a covered employee shall be in full

satisfaction of all claims of or on behalf of that individual against

the United States, against a Department of Energy contractor or

subcontractor, beryllium vendor, or atomic weapons employer, or

against any person with respect to that person’s performance of a

contract with the United States, that arise out of an exposure referred to in section 3641.

SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES

AND AGAINST CONTRACTORS AND SUBCONTRACTORS.

(a) IN GENERAL.—The liability of the United States or an instrumentality of the United States under this title with respect to a

cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability—

(1) of—

(A) the United States;

(B) any instrumentality of the United States;

(C) a contractor that contracted with the Department of

Energy to provide management and operation, management

and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor);

(D) a subcontractor that provided services, including

construction, at a Department of Energy facility (in its capacity as a subcontractor); and

(E) an employee, agent, or assign of an entity specified

in subparagraphs (A) through (D);

(2) to—

(A) the covered employee;

(B) the covered employee’s legal representative, spouse,

dependents, survivors and next of kin; and

(C) any other person, including any third party as to

whom the covered employee, or the covered employee’s legal

representative, spouse, dependents, survivors, or next of kin,

has a cause of action relating to the cancer (including a

specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from

the United States, the instrumentality, the contractor, the

subcontractor, or the employee, agent, or assign of one of

them;

because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action

including a direct judicial proceeding, a civil action, a proceeding

in admiralty, or a proceeding under a tort liability statute or the

common law.

(b) APPLICABILITY.—This section applies to all cases filed on or

after the date of the enactment of this Act.

(c) WORKERS’ COMPENSATION.—This section does not apply to

an administrative or judicial proceeding under a State or Federal

workers’ compensation law.

531

SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND

ATOMIC WEAPONS EMPLOYEES.

(a) ELECTION TO FILE SUIT.—If a tort case is filed after the

date of the enactment of this Act, alleging a claim referred to in section 3643 against a beryllium vendor or atomic weapons employer,

the plaintiff shall not be eligible for compensation or benefits under

subtitle B unless the plaintiff files such case within the applicable

time limits in subsection (b).

(b) APPLICABLE TIME LIMITS.—A case described in subsection

(a) shall be filed not later than the later of—

(1) the date that is 30 months after the date of the enactment of this Act; or

(2) the date that is 30 months after the date the plaintiff

first becomes aware that an illness covered by subtitle B of a

covered employee may be connected to the exposure of the covered employee in the performance of duty.

(c) DISMISSAL OF CLAIMS.—Unless a case filed under subsection

(a) is dismissed prior to the time limits in subsection (b), the plaintiff shall not be eligible for compensation under subtitle B.

(d) DISMISSAL OF PENDING SUIT.—If a tort case was filed on or

before the date of the enactment of this Act, alleging a claim referred to in section 3643 against a beryllium vendor or atomic

weapons employer, the plaintiff shall not be eligible for compensation or benefits under subtitle B unless the plaintiff dismisses such

case not later than December 31, 2003.

(e) WORKERS’ COMPENSATION.—This section does not apply to

an administrative or judicial proceeding under a State or Federal

workers’ compensation law.

SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER

OTHER LAWS.

Compensation or benefits provided to an individual under subtitle B—

(1) shall be treated for purposes of the internal revenue

laws of the United States as damages for human suffering; and

(2) shall not be included as income or resources for purposes of determining eligibility to receive benefits described in

section 3803(c)(2)(C) of title 31, United States Code, or the

amount of such benefits.

SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF

REMEDIES.

(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—No claim cognizable under subtitle B shall be assignable or transferable.

(b) CHOICE OF REMEDIES.—No individual may receive more

than one payment of compensation under subtitle B.

SEC. 3648. ATTORNEY FEES.

(a) GENERAL RULE.—Notwithstanding any contract, the representative of an individual may not receive, for services rendered

in connection with the claim of an individual under subtitle B, more

than that percentage specified in subsection (b) of a payment made

under subtitle B on such claim.

(b) APPLICABLE PERCENTAGE LIMITATIONS.—The percentage referred to in subsection (a) is—

(1) 2 percent for the filing of an initial claim; and

532

(2) 10 percent with respect to any claim with respect to

which a representative has made a contract for services before

the date of the enactment of this Act.

(c) PENALTY.—Any such representative who violates this section shall be fined not more than $5,000.

SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.

A payment under subtitle B shall not be considered as any form

of compensation or reimbursement for a loss for purposes of imposing liability on any individual receiving such payment, on the basis

of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of worker’s compensation

payments; and a payment under subtitle B shall not affect any

claim against an insurance carrier with respect to insurance or

against any person with respect to worker’s compensation.

SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

(a) FORFEITURE OF COMPENSATION.—Any individual convicted

of a violation of section 1920 of title 18, United States Code, or any

other Federal or State criminal statute relating to fraud in the application for or receipt of any benefit under subtitle B or under any

other Federal or State workers’ compensation law, shall forfeit (as

of the date of such conviction) any entitlement to any compensation

or benefit under subtitle B such individual would otherwise be

awarded for any injury, illness or death covered by subtitle B for

which the time of injury was on or before the date of the conviction.

(b) INFORMATION.—Notwithstanding section 552a of title 5,

United States Code, or any other Federal or State law, an agency

of the United States, a State, or a political subdivision of a State

shall make available to the President, upon written request from the

President and if the President requires the information to carry out

this section, the names and Social Security account numbers of individuals confined, for conviction of a felony, in a jail, prison, or

other penal institution or correctional facility under the jurisdiction

of that agency.

SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.

Except in accordance with section 3630, an individual may not

receive compensation or benefits under the compensation program

for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of

title 38, United States Code.

Subtitle D—Assistance in State Workers’

Compensation Proceedings

SEC. 3661. AGREEMENTS WITH STATES.

(a) AGREEMENTS AUTHORIZED.—The Secretary of Energy (hereinafter in this section referred to as the ‘‘Secretary’’) may enter into

agreements with the chief executive officer of a State to provide assistance to a Department of Energy contractor employee in filing a

claim under the appropriate State workers’ compensation system.

(b) PROCEDURE.—Pursuant to agreements under subsection (a),

the Secretary may—

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(1) establish procedures under which an individual may

submit an application for review and assistance under this section; and

(2) review an application submitted under this section and

determine whether the applicant submitted reasonable evidence

that—

(A) the application was filed by or on behalf of a Department of Energy contractor employee or employee’s estate; and

(B) the illness or death of the Department of Energy

contractor employee may have been related to employment

at a Department of Energy facility.

(c) SUBMITTAL OF APPLICATIONS TO PANELS.—If provided in an

agreement under subsection (a), and if the Secretary determines that

the applicant submitted reasonable evidence under subsection (b)(2),

the Secretary shall submit the application to a physicians panel established under subsection (d). The Secretary shall assist the employee in obtaining additional evidence within the control of the Department of Energy and relevant to the panel’s deliberations.

(d) COMPOSITION AND OPERATION OF PANELS.—(1) The Secretary shall inform the Secretary of Health and Human Services of

the number of physicians panels the Secretary has determined to be

appropriate to administer this section, the number of physicians

needed for each panel, and the area of jurisdiction of each panel.

The Secretary may determine to have only one panel.

(2)(A) The Secretary of Health and Human Services shall appoint panel members with experience and competency in diagnosing

occupational illnesses under section 3109 of title 5, United States

Code.

(B) Each member of a panel shall be paid at the rate of pay

payable for level III of the Executive Schedule for each day (including travel time) the member is engaged in the work of a panel.

(3) A panel shall review an application submitted to it by the

Secretary and determine, under guidelines established by the Secretary, by regulation, whether the illness or death that is the subject

of the application arose out of and in the course of employment by

the Department of Energy and exposure to a toxic substance at a Department of Energy facility.

(4) At the request of a panel, the Secretary and a contractor who

employed a Department of Energy contractor employee shall provide

additional information relevant to the panel’s deliberations. A panel

may consult specialists in relevant fields as it determines necessary.

(5) Once a panel has made a determination under paragraph

(3), it shall report to the Secretary its determination and the basis

for the determination.

(6) A panel established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(e) ASSISTANCE.—If provided in an agreement under subsection

(a)—

(1) the Secretary shall review a panel’s determination made

under subsection (d), information the panel considered in reaching its determination, any relevant new information not reasonably available at the time of the panel’s deliberations, and the

basis for the panel’s determination;

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(2) as a result of the review under paragraph (1), the Secretary shall accept the panel’s determination in the absence of

significant evidence to the contrary; and

(3) if the panel has made a positive determination under

subsection (d) and the Secretary accepts the determination

under paragraph (2), or the panel has made a negative determination under subsection (d) and the Secretary finds significant evidence to the contrary—

(A) the Secretary shall assist the applicant to file a

claim under the appropriate State workers’ compensation

system based on the health condition that was the subject

of the determination;

(B) the Secretary thereafter—

(i) may not contest such claim;

(ii) may not contest an award made regarding

such claim; and

(iii) may, to the extent permitted by law, direct the

Department of Energy contractor who employed the applicant not to contest such claim or such award,

unless the Secretary finds significant new evidence to justify such contest; and

(C) any costs of contesting a claim or an award regarding the claim incurred by the contractor who employed the

Department of Energy contractor employee who is the subject of the claim shall not be an allowable cost under a Department of Energy contract.

(f) INFORMATION.—At the request of the Secretary, a contractor

who employed a Department of Energy contractor employee shall

make available to the Secretary and the employee information relevant to deliberations under this section.

(g) GAO REPORT.—Not later than February 1, 2002, the Comptroller General shall submit to Congress a report on the implementation by the Department of Energy of the provisions of this section

and of the effectiveness of the program under this section in assisting Department of Energy contractor employees in obtaining compensation for occupational illness.

Following is explanatory language on H.R. 5408, as introduced

on October 6, 2000.

References in the following to a provision of the conference

agreement refer to that provision in H.R. 5408.

SUMMARY STATEMENT OF CONFERENCE ACTION

The conferees recommend authorization for the Department of

Defense for procurement, research, and development, test and evaluation, operation and maintenance, working capital funds, military

construction and family housing, weapons programs of the Department of Energy, and the civil defense that have budget authority

implications of $309.9 billion.

SUMMARY TABLE OF AUTHORIZATIONS

The defense authorization act provides authorizations for appropriations but does not generally provide budget authority. Budget authority is provided in appropriations acts.

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In order to relate the conference recommendations to the Budget Resolution, matter in addition to the dollar authorizations contained in this bill must be taken into account. A number of programs in the defense function are authorized permanently or, in

certain instances, authorized in other annual legislation. In addition, this authorization bill would establish personnel levels and include a number of legislative provisions affecting military compensation.

The following table summarizes authorizations included in the

bill for fiscal year 2001 and, in addition, summarizes the implications of the conference action for the budget totals for national defense (budget function 050).

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CONGRESSIONAL DEFENSE COMMITTEES

The term ‘‘congressional defense committees’’ is often used in

this statement of managers. It means the Defense Authorization

and Appropriations Committee of the Senate and House of Representatives.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Procurement Overview

The budget request for fiscal year 2001 included an authorization of $60,563.4 million for Procurement in the Department of Defense.

The House bill would authorize $62,593.1 million.

The Senate amendment would authorize $63,560.6 million.

The conferees recommended an authorization of $63,166.6 million. The conference agreement reflects reductions reflected in the

fiscal year 2001 Department of Defense Appropriations Act (Public

Law 106–259). Unless noted explicitly in the statement of managers, all changes are made without prejudice.

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Overview

The budget request for fiscal year 2001 included an authorization of $1,323.3 million for Aircraft Procurement, Army in the Department of Defense.

The House bill would authorize $1,542.8 million.

The Senate amendment would authorize $1,749.7 million.

The conferees recommended an authorization of $1,550.0 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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UH–60 Blackhawk

The budget request included $81.2 million to procure six UH–

60L Blackhawk helicopters for the Army National Guard (ARNG).

The House bill would authorize an increase of $27.9 million to

procure an additional three UH–60L Blackhawks, $40.2 million to

procure three UH–60Q medical evacuation helicopters, and $3.0

million to procure two Firehawk conversion kits, a total increase of

$71.1 million to meet additional UH–60 Blackhawk requirements

for the ARNG.

The Senate amendment would authorize an increase of $196.3

million to procure an additional 20 UH–60L Blackhawk aircraft

identified on the Army’s unfunded requirements list.

The conferees agree to authorize $179.4 million for 16 UH–60L

aircraft for the reserve components and $26.8 million for two UH–

60Q aircraft for the ARNG, a total authorization of $206.2 million

for UH–60 Blackhawk helicopters.

TH–67 training helicopter

The budget request included no funding for TH–67 training

helicopter requirements.

The House bill would authorize an increase of $24.0 million to

procure 19 TH–67 training helicopters.

The Senate amendment would authorize an increase of $35.0

million to procure 19 TH–67 aircraft.

The conferees agree to authorize an increase of $24.0 million

to procure 19 TH–67 aircraft.

Longbow

The budget request included $744.8 million for AH–64 Apache

Longbow modifications.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $141.1

million for Apache recapitalization requirements.

The conferees agree to authorize an increase of $17.5 million,

a total authorization of $762.3 million to address AH–64 Apache recapitalization requirements.

AH–64 modifications

The budget request included $18.5 million for AH–64 modifications, but included no funding to continue procurement of the oil

debris detection system (ODDS) or the vibration management enhancement program (VMEP).

The House bill would authorize an increase of $5.0 million to

continue procurement of ODDS and $7.0 million for the procurement of VMEP for the Army National Guard (ARNG) AH–64 fleet,

a total increase of $12.0 million to meet outstanding AH–64 modification requirements.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $5.0 million for

ODDS, $5.0 million for VMEP for the ARNG AH–64 fleet, and $7.5

million to support critical component upgrades, as identified in the

Army’s unfunded requirements list, a total authorization of $36.0

million to address AH–64 modification requirements.

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UH–60 modifications

The budget request included $3.0 million for UH–60 modifications.

The House bill would authorize an increase of $9.0 million for

extended range fuel system modifications for Army National Guard

(ARNG) UH–60 Blackhawks.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $6.0 million for

UH–60 modifications, including $3.0 million for extended range

fuel system modifications and $3.0 million for Firehawk kits, both

for the ARNG.

Aircraft Survivability Equipment (ASE)

The budget request contained no funding for the procurement

of Aircraft Survivability Equipment (ASE).

The House bill would authorize an increase of $8.0 million to

upgrade the Aircraft Survivability Equipment Trainer (ASET) IV

systems with current IR SAM threat simulators.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $10.0 million

for aircraft survivability equipment. Of this amount, $4.0 million is

for ASET IV systems upgrades and $6.0 million is for laser detection kits.

Aircrew integrated systems

The budget request included $3.5 million for aircrew integrated

system equipment requirements.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $5.9

million for aircrew integrated systems to procure 12,640 advanced

laser eye protection visors.

The conferees agree to authorize an increase of $2.4 million for

aircrew laser eye protection requirements, a total authorization of

$5.9 million for aircrew system equipment requirements.

Overview

The budget request for fiscal year 2001 included an authorization of $1,295.7 million for Missile Procurement, Army in the Department of Defense.

The House bill would authorize $1,367.7 million.

The Senate amendment would authorize $1,382.3 million.

The conferees recommended an authorization of $1,320.7 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Army tactical missile system

The budget request included $15.0 million for Army tactical

missile system (ATACMS) fielding and production line shutdown.

The House bill would authorize an increase of $10.0 million for

the procurement of 51 ATACMS Block IV missiles.

The Senate amendment would authorize an increase of $77.4

million to procure 100 ATACMS block IA missiles.

The conferees agree to authorize an increase of $83.0 million,

of which $6.0 million is for ATACMS block IV missiles and $77.0

million is to procure 100 ATACMS block IA missiles, a total authorization of $98.0 million.

Overview

The budget request for fiscal year 2001 included an authorization of $1,874.6 million for Weapons and Tracked Combat Vehicles

Procurement, Army in the Department of Defense.

The House bill would authorize $2,167.9 million.

The Senate amendment would authorize $2,115.1 million.

The conferees recommended an authorization of $2,436.3 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Bradley base sustainment

The budget request included $359.4 million for the procurement of Bradley A3 fighting vehicle upgrades, of which $6.1 million

was included for fielding Army National Guard (ARNG) A2 Operation Desert Storm (ODS) variants.

The House bill would authorize an increase of $81.3 million for

upgrading an additional 65 Bradley A0 vehicles to the A2ODS variant for ARNG.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $72.3 million

for ARNG Bradley A2ODS conversions.

Improved recovery vehicle

The budget request included $68.4 million to procure improved

recovery vehicles (IRVs) but included no funding for the procurement of IRVs for the Army Reserve.

The House bill would authorize an increase of $8.3 million for

additional M88A2 IRV upgrades for the Army Reserve.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $6.0 million for

additional M88A2 IRV upgrades for the Army Reserve, a total authorization of $74.4 million.

Heavy assault bridge system modifications

The budget request included no funding to continue procurement of the heavy assault bridge system (HAB).

The House bill would authorize an increase of $59.2 million for

12 vehicles and an increase of $13.1 million in advanced procurement for fiscal year 2002 to maintain HAB production.

The Senate amendment would authorize an increase of $77.0

million to restore the Wolverine heavy assault bridge program and

a corresponding decrease of $15.2 million to the AVLB SLEP program.

The conferees agree to authorize an increase of $77.0 million

for the heavy assault bridge program, a total authorization of $77.0

million. Accordingly, the conferees expect the Secretary of the

Army to budget for the HAB through the future years defense program.

Army Transformation

The budget request included $537.1 million, sufficient funds to

procure equipment and to field the first interim brigade combat

team as part of the Army transformation initiative.

The House bill and Senate amendment would authorize the

budget request.

The conferees agree to authorize a total increase of $600.0 million for the Army transformation initiative, which includes:

(1) $100.0 million for medium armored vehicle procurement;

(2) $300.0 million for medium armored vehicles for a second interim brigade combat team; and

(3) $200.0 million for other support equipment for a second

interim brigade combat team.

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Machine gun, squad automatic weapon

The budget request included no funding for the squad automatic weapon (SAW).

The House bill would authorize an increase of $18.3 million to

complete the procurement of the M249 SAW system.

The Senate amendment would authorize an increase of $18.3

million to procure 4,280 weapons and complete the acquisition of

the SAW system.

The conferees agree to authorize an increase of $17.0 million

for the procurement of 4,280 weapons and complete the acquisition

of the SAW system, a total authorization of $17.0 million.

Overview

The budget request for fiscal year 2001 included an authorization of $1,131.3 million for Ammunition Procurement, Army in the

Department of Defense.

The House bill would authorize $1,199.3 million.

The Senate amendment would authorize $1,224.3 million.

The conferees recommended an authorization of $1,179.9 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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155MM Sense and Destroy Armor Munition M898

The budget request included $14.9 million for the Sense and

Destroy Armor Munition.

The House bill and the Senate amendment would authorize the

budget request for this program.

Consistent with the outcome of the Department of Defense Appropriations Act, 2001 (Public Law 106–259), the conferees agree to

authorize a decrease of $14.9 million for this program.

If the Secretary of the Army determines that it is important

for the Army to continue this program, the conferees encourage the

Secretary to submit a reprogramming request.

Overview

The budget request for fiscal year 2001 included an authorization of $3,795.9 million for Other Procurement, Army in the Department of Defense.

The House bill would authorize $4,095.3 million.

The Senate amendment would authorize $4,027.2 million.

The conferees recommended an authorization of $4,235.7 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Tactical trailers/dolly sets

The budget request included no funding for tactical trailers

and dolly sets. The House bill would authorize an increase of $3.8 million for

heavy tactical vehicle requirements for Army National Guard

(ARNG) multiple launch rocket system (MLRS) battalion conversions.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.8 million for

heavy expanded mobility ammunition trailers for ARNG MLRS

battalion conversions.

High mobility multipurpose-wheeled vehicle

The budget request included $110.7 million for 1,002 A2 model

high mobility multipurpose-wheeled vehicle (HMMWVA2s), which

incorporates upgraded electrical, braking, engine and transmission

improvements, as well as a 15-year corrosion prevention program,

but included no funding for HMMWVs to fill critical shortages in

Army Reserve combat support and combat service support units. The House bill would authorize an increase of $5.0 million for

100 Army Reserve HMMWVA2s.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.0 million for

the procurement of 60 HMMWVA2s for the Army Reserve, a total

authorization of $113.7 million for 1,062 HMMWVs.

Family of medium tactical vehicles

The budget request included $438.3 million to procure family

of medium tactical vehicle (FMTV) trucks to replace an aging fleet

of medium trucks found in the Army today. The House bill would authorize an increase of $35.0 million for

additional Army Reserve trucks. The Senate amendment would authorize an increase of $43.0

million to procure additional FMTV trucks necessary to accelerate

the fielding of these trucks to reserve component units. The conferees agree to authorize an increase of $37.3 million

to procure additional FMTV trucks for the reserve components, a

total authorization of $475.6 million.

Fire trucks and associated firefighting equipment

The budget request included $14.8 million for fire trucks and

associated firefighting equipment. The House bill would authorize an increase of $1.2 million for

heavy expanded mobility tactical truck (HEMTT) fire trucks for the

Army Reserve.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $1.2 million for

procurement of additional HEMTT fire trucks for the Army Reserve, a total authorization of $16.0 million.

M915/M916 line haul truck tractor

The budget request included $43.0 million for M915A3 line

haul tractors, of which $3.4 million was included for M915A3s for

the Army Reserve.

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The House bill would authorize an increase of $1.6 million for

the procurement of 12 additional upgraded M915A3 tractors for the

Army Reserve.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $1.0 million for

the procurement of additional upgraded M915A3 tractors for the

Army Reserve, a total authorization of $44.0 million.

Weapons of Mass Destruction Civil Support Teams

The budget request included $76.4 million to sustain 27 Weapons of Mass Destruction Civil Support Teams (WMD–CSTs).

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $25.0

million for the WMD–CST program. This funding would establish

five additional WMD–CSTs and provide additional equipment for

the WMD–CST program, as follows: $3.2 million in military personnel; $7.5 million in Operations and Maintenance, Army; $1.8

million in Contamination Avoidance, Chemical Biological Defense

Program, Procurement, Defense-Wide; and $12.5 million in Special

Purpose Vehicles, Other Procurement, Army. Of the amounts included in the categories specified, $4.0 million of the $12.5 million

in Special Purpose Vehicles, Other Procurement, Army would be

for the purchase of two additional Unified Command Suites (UCS)

and Mobile Analytical Labs (MALS) and for the purchase of 35 tactical mobility systems for use by the WMD–CSTs. The remainder

of the funding would be for the five additional WMD–CSTs.

The conferees agree to authorize an increase of $15.7 million

for the establishment of five additional WMD–CSTs, as follows:

$3.2 million in military personnel; $5.9 million in Operations and

Maintenance, Army; $900,000 in Contamination Avoidance, Chemical Biological Defense Program, Procurement, Defense-Wide; and

$5.7 million in Special Purpose Vehicles, Other Procurement,

Army.

Army data distribution system

The budget request included $32.7 million for Army data distribution system (ADDS) requirements.

The House bill would authorize an increase of $18.5 million to

procure Enhanced Position Reporting System (EPLRS) radios for

an Army National Guard (ARNG) enhanced brigade.

The Senate amendment would authorize an increase of $5.3

million to support EPLRS software development requirements and

$27.3 million to procure 634 EPLRS systems and accelerate efforts

to meet the Army acquisition objective for this system, a total increase of $32.6 million.

The conferees agree to authorize an increase of $37.5 million

for ADDS requirements, including $24.2 million for the procurement of EPLRS to be allocated according to Army priorities, $8.0

million for ARNG EPLRS, and $5.3 million for EPLRS software development, a total authorization of $70.2 million for ADDS requirements.

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Single channel ground and airborne radio systems family

The budget request included $18.3 million for the procurement

and the fielding of airborne single channel ground and airborne

radio systems (SINCGARS), but included no funding to procure

SINCGARS advanced system improvement program (ASIP) radios

for the Army National Guard (ARNG). The House bill would authorize an increase of $30.7 million to

procure SINCGARS ASIP radios for one ARNG division.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $20.0 million for ARNG requirements and $10.0 million for active Army requirements, a total authorization of $48.3 million for the procurement

of SINCGARS.

Area common user system modification program

The budget request included $114.0 million for area common

user system (ACUS) modification program requirements.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $60.0

million to procure 27 down-sized communications switches and 229

high mobility DGM assemblages (HMDA) devices and an increase

of $14.0 million to accelerate the fielding of 2,901 TS–21 Blackjack

secure facsimile machines.

The conferees agree to authorize an increase of $60.0 million for ACUS, a total authorization of $174.0 million. Of this amount,

$51.0 million is for down-sized communications switches and

HMDA equipment and $9.0 million is for TS–21 Blackjack secure

facsimile machines.

Night vision devices

The budget request included $34.1 million for Army night vi- sion devices, of which $29.5 million was included for AN/PVS–7

night vision goggles. However, no funding was included for third

generation, 25 millimeter (mm) image intensification tube upgrades. The House bill would authorize an increase of $12.0 million for

AN/PVS–7 night vision goggles. Of this amount, $400,000 would be

used to procure goggles for Army Reserve combat support units and

$8.4 million would be used to procure third generation, 25mm

image intensification tube upgrades. The Senate amendment would authorize an increase of $48.0

million for the procurement of night vision devices, as follows: (1) an increase of $18.1 million to procure 5,000 AN/PEQ–2A

and 10,000 AN/PAC–4C target pointer/aiming lights;

(2) an increase of $14.9 million to procure 18,600 AN/PVS–7

night vision binoculars; and

(3) an increase of $15.0 million to procure 25mm image intensification tubes for AN/PVS–4 and AN/TVS–5 night vision weapon

scopes.

The conferees agree to authorize an increase of $32.0 million

for night vision devices, as follows:

(1) an increase of $8.0 million to procure AN/PVS–7;

(2) an increase of $6.0 million to procure 25mm image intensification tubes;

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(3) an increase of $15.0 million to procure AN/PEQ–2A and

AN/PAC–4C; and

(4) an increase of $3.0 million to procure miniature eyesafe lasers.

Combat identification/aiming light

The budget request included $8.0 million for combat identification/aiming light requirements.

The House bill would authorize an increase of $3.0 million for

combat identification/aiming light engineering and manufacturing

development requirements.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.0 million to

support outstanding combat identification/aiming light requirements.

Standard integrated command post system

The budget request included $36.0 million to procure standard

integrated command post systems (SICPS), of which $1.3 million

was included for modular command post system (MCPS) tents.

The House bill would authorize an increase of $2.0 million and

$3.0 million respectively, to procure MCPS for active and Army National Guard units.

The Senate amendment would authorize an increase of $17.5

million to procure additional SICPS.

The conferees agree to authorize an increase of $11.5 million,

a total authorization of $47.5 million for SICPS/MCPS procurement.

Automated data processing equipment

The budget request included $172.1 million for procurement of

automated data processing equipment (ADPE), of which $485,000

was included for automatic identification technology (AIT).

The House bill would authorize an increase of $6.0 million for

maintenance AIT implementation.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $4.0 million for

Army National Guard distance learning courseware and an increase of $4.0 million for maintenance AIT implementation, a total

authorization of $180.1 million for ADPE.

Ribbon bridge

The budget request included $15.7 million for ribbon bridge

equipment but included no funding to procure this equipment for

Army National Guard (ARNG) multi-role bridge companies

(MRBC).

The House bill would authorize an increase of $27.0 million to

accelerate the fielding of two ARNG MRBC.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $14.5 million

to procure ribbon bridge equipment for reserve component requirements, a total authorization of $30.2 million.

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Laundries, showers, and latrines

The budget request included $12.6 million to procure the laundry advanced system (LADS). The House bill would authorize an increase of $9.0 million to

accelerate procurement of LADS.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $4.0 million for LADS, a total authorization of $16.6 million.

Combat support medical

The budget request included $31.6 million to procure

deployable medical systems and field medical equipment, but included no funding for rapid intravenous (IV) infusion pumps or for

life support trauma and transport (LSTAT) units. The budget request also contained $6.3 million in PE 64807A, but included no

funds for LSTAT.

The House bill would authorize an increase of $18.0 million for

the procurement of combat support medical, as follows: (1) an increase of $8.0 million to procure rapid IV infusion

pumps; (2) an increase of $6.0 million to begin procurement of LSTAT

units; and (3) an increase of $4.0 million in PE64807A for development of

expanded LSTAT capabilities. The Senate amendment would authorize an increase of $6.0

million for rapid IV pumps. The conferees agree to authorize an increase of $5.0 million for rapid IV pumps, a total authorization of $36.6 million for combat

support medical equipment.

Roller, vibratory, self-propelled

The budget request included $4.7 million for self-propelled vibratory roller systems. The House bill would authorize an increase of $7.0 million to

procure 96 additional vibratory self-propelled rollers, including $3.0

million for active Army units and $4.0 million for Army Reserve

units.

The Senate amendment would authorize an increase of $5.0

million to procure 80 vehicles necessary to meet the requirements

of Army engineer units. The conferees agree to authorize an increase of $4.0 million for Army Reserve units and an increase of $3.0 million for active component units, a total authorization of $11.7 million for the procurement of roller, vibratory, self-propelled vehicles.

Hydraulic excavator

The budget request included $8.3 million for procurement of

hydraulic excavator (HYEX) equipment.

The House bill would authorize an increase of $2.3 million for

13 additional Type I HYEX systems for the Army Reserve.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $1.5 million for

the procurement of HYEX systems for the Army Reserve, a total

authorization of $9.8 million.

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Deployable universal combat earth mover

The budget request included $14.1 million to procure

deployable universal combat earth mover (DEUCE) equipment.

The House bill would authorize an increase of $10.2 million to

begin fielding DEUCE systems for the Army’s interim brigade.

The Senate amendment would authorize an increase of $7.0

million to procure 18 DEUCE vehicles.

The conferees agree to authorize an increase of $10.2 million

for the procurement of 30 additional DEUCE vehicles, a total authorization of $24.3 million.

Construction equipment service life extension program

The budget request included $2.0 million for service life extensions to various types of construction equipment, but included no

funding to conduct an Army National Guard (ARNG) D–7 dozer

and Army Reserve heavy grader and scraper service life extension

program (SLEP).

The House bill would authorize an increase of $10.0 million, of

which $5.0 million is for an ARNG D–7 dozer SLEP and $5.0 million is for an Army Reserve heavy scraper and grader SLEP.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $10.0 million,

of which $5.0 million is for an ARNG D–7 dozer SLEP and $5.0

million is for an Army Reserve heavy scraper and grader SLEP, a

total authorization of $12.0 million.

Small tug

The budget request included no funding to procure small tugs

for the Army to tow general cargo barges in harbors, inland waterways and along coastlines.

The House bill would authorize an increase of $9.0 million to

accelerate procurement of three vessels towards completion of the

requirement of 15 small tugs.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $9.0 million for

the procurement of three vessels towards completion of the requirement of 15 small tugs.

Combat training center instrumentation support

The budget request included $81.8 million for combat training

center support, but included no funding for either the Army National Guard (ARNG) deployable force-on-force instrumented range

system (DFIRST) or the multi-purpose range complex-heavy

(MPRC–H).

The House bill would authorize an increase of $3.2 million for

MPRC–H targetry electronic upgrades and $10.5 million for three

additional DFIRST systems to continue force-on-force simulationbased training at regional training centers, a total increase of $12.7

million.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $11.6 million

for combat training centers. Of this amount, $9.6 million would be

for additional DFIRST systems for the ARNG and $2.0 million

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would be for MPRC–H upgrades, a total authorization of $93.4 million.

Nonsystem training devices

The budget request included $91.9 million for procurement of

training device and range modernization requirements. The House bill would authorize an increase of $8.0 million to

procure 30 engagement skills trainer (EST) 2000 systems and an

increase of $9.0 million for the first increment of a three-year

Abrams full-crew interactive skills trainer (A–FIST) XXI conversion

program, both for the Army National Guard (ARNG), a total increase of $17.0 million for non-system training devices.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $9.0 million for

the procurement of training device and range modernization requirements. Of this amount, $5.0 million would be for the procurement of ARNG EST 2000 systems and $4.0 million would be for the

first increment of a three year ARNG A–FIST XXI conversion program, a total authorization of $100.9 million.

Overview

The budget request for fiscal year 2001 included an authoriza- tion of $1,003.5 million for Chemical Agents and Munitions Destruction, Army.

The House bill would authorize no funding for Chemical

Agents and Munitions Destruction, Army, but would transfer the

authorization of $877.1 million for Chemical Agents and Munitions

Destruction, Defense.

The Senate amendment would authorize no funding for Chemical Agents and Munitions Destruction, Army but would transfer

the authorization of $1,003.5 million for Chemical Agents and Munitions Destruction, Defense.

The conferees agree to authorize $980.1 million for Chemical

Agents and Munitions Destruction, Army. Unless noted explicitly

in the conference agreement, all changes are made without prejudice.

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Chemical Agents and Munitions Destruction, Army

The budget request for the Army included $1.0 billion for

Chemical Agents and Munitions Destruction, Army.

The House bill would authorize no funding for Chemical

Agents and Munitions Destruction, Army, but contained a provision (sec. 106) that would authorize $877.1 million for Chemical

Agents and Munitions Destruction, Defense, for destruction of the

lethal chemical agents and munitions stockpile pursuant to section

1412 of the Department of Defense Authorization Act for Fiscal

Year 1986 (Public Law 99–45) and destruction of chemical warfare

materiel not covered by section 1412 of the Act, a decrease of

$126.4 million.

The Senate amendment would authorize no funding for Chemical Agents and Munitions Destruction, Army, but contained a provision (sec. 106) that would authorize $1.0 billion for Chemical

Agents and Munitions Destruction, Defense. The conferees agree to authorize $980.1 million for Chemical Agents and Munitions Destruction, Army, including $274.4 million

for research and development, $105.7 million for procurement, and

$600.0 million for operations and maintenance.

Section 1521(f) of title 50, United States Code, requires that

funding for the chemical agents and munitions destruction program, including funds for military construction projects, shall be

set forth in the budget of the Department of Defense as a separate

account, and shall not be included in the budget accounts for any

military department. The conferees expect that the Secretary of Defense will comply with these requirements in any future budget request for the chemical agents and munitions destruction program.

The conferees recognize that uncertainties in program requirements and execution create the potential for additional funding requirements that may have to be addressed during fiscal year 2001.

The conferees encourage the Secretary to identify requirements for

additional funds that may be required in fiscal year 2001 to ensure

execution of the program and to make appropriate recommendations for reprogramming or other actions necessary to provide those

funds at the earliest opportunity.

Chemical stockpile emergency preparedness project

The budget request for the chemical agents and munitions de- struction program included $600,000 in procurement funds for

minor equipment replacement and $66.7 million for chemical stockpile emergency preparedness program (CSEPP) operations and

maintenance. The conferees note that funds provided for CSEPP in

fiscal years 1999 and 2000 were subject to a decrease of approximately nine percent and eight percent, respectively, as a pro-rata

share of the decrease to the chemical agents and munitions destruction account. Because of the potential impact of such reductions on the safety of those living and working near or on the

chemical stockpile storage and destructions sites, the conferees direct that funding for CSEPP shall be at the requested level.

Non-stockpile chemical materiel project

The House report accompanying H.R. 4205 (H. Rept. 106–616)

noted that an independent assessment of the non-stockpile project

576

had raised several issues with respect to the project and recommended examination of project schedule and cost risks to quantify the potential risks, ultimate costs, and time required to complete the project. The report expressed the belief that these issues

must be addressed before proceeding further with development and

acquisition of integrated transportable treatment systems for nonstockpile chemical materiel. The conferees note that following submission of the fiscal year 2001 budget request, the project manager

for chemical demilitarization, conducted a major review of the nonstockpile project, rebaselined the current project, and is considering

the results of on-going analysis and non-stockpile cost containment

efforts that could result in significant further changes to the project

that would have both cost and schedule implications. The conferees

direct that these issues, and planned and recommended changes to

the non-stockpile chemical materiel project, schedule, and funding

requirements be addressed in an addendum to the fiscal year 2000

annual report to Congress on the chemical demilitarization program to be submitted with the fiscal year 2002 budget request.

Destruction of non-stockpile chemical materiel in stockpile facilities

Section 141 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) amended subsection 1412(c) of

the National Defense Authorization Act for Fiscal Year 1986 (Public Law 99–45) to allow non-stockpile chemical agents, munitions,

or related materials specifically designated by the Secretary of Defense to be destroyed at stockpile facilities if the affected states

have issued the appropriate permits. In the statement of managers

accompanying the National Defense Authorization Act for Fiscal

Year 2000, the conferees stated the expectation that site specific

decisions relative to the issue of such permits would be arrived at

in accordance with review processes that permit the views of the

local jurisdictions to be considered.

The conferees note that federal, state, and local environmental

laws and regulations require the Army to obtain permits for construction and the conduct of operations at each of the chemical

weapons destruction facilities that are specific to the particular disposal site and the proposed chemical destruction operations to be

conducted at the site. The conferees also note that established procedures for the review and approval of such statements, assessments, and permits provide for periods of public review and comment, and opportunities for consideration of the views of the local

jurisdictions.

The conferees further note that the Environmental Protection

Agency has delegated to the individual states the authority to administer and enforce the hazardous waste disposal requirements

relative to those sites, and consequently decisions to approve permits required for the construction and operation of the chemical

stockpile demilitarization facilities and for destruction of non-stockpile material are reserved to the states in which those sites are located. The conferees reiterate that it is the intent of Congress that

the views of local jurisdictions in which the sites are located are

a major factor to be considered in the permit and review process

and in any decision by state authorities regarding such permits.

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Overview

The budget request for fiscal year 2001 included an authorization of $7,963.9 million for Aircraft Procurement, Navy in the Department of Defense.

The House bill would authorize $8,205.8 million.

The Senate amendment would authorize $8,686.0 million.

The conferees recommended an authorization of $8,394.3 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

578

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F/A–18E/F aircraft

The budget request included $2.819 billion for the procurement

of 42 F/A–18E/F aircraft on a multiyear contract.

The House bill would authorize a decrease of $205.8 million, a

total authorization of $2.613 billion for the procurement of 39 F/A–

18E/F aircraft.

The Senate amendment would authorize the budget request.

The conferees agree to authorize a decrease of $13.0 million

due to production engineering support cost growth, a total authorization of $2.806 billion for the procurement of 42 F/A–18E/F aircraft.

SH–60R helicopter

The budget request included $162.3 million for the procurement of four remanufactured SH–60R helicopters, including the

airborne low frequency sonar system (ALFS).

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $82.1

million for the procurement of three additional remanufactured

SH–60R helicopters and an increase of $6.0 million for ALFS, a

total increase of $88.1 million.

The conferees agree to authorize an increase of $47.3 million,

as follows:

(1) an increase of $52.4 million for the procurement of two

additional remanufactured SH–60R helicopters;

(2) an increase of $4.9 million for ALFS;

(3) a decrease of $5.0 million due to cost growth in nonrecurring items; and

(4) a decrease of $5.0 million due to avionics support

equipment that can be deferred.

UC–35 aircraft

The budget request included no funding for the procurement of

UC–35 medium range operational support aircraft.

The House bill would authorize an increase of $15.2 million for

the procurement of two UC–35 aircraft.

The Senate amendment would authorize an identical increase.

The conferees agree to authorize an increase of $7.6 million for

the procurement of one UC–35 aircraft for the Marine Corps.

F–18 series modifications

The budget request included $212.6 million for F–18 modifications.

The House bill would authorize an increase of $103.7 million

for F–18 modifications, as follows:

(1) an increase of $86.9 million to procure additional ECP–

583 upgrade kits for Marine Corps F/A–18A active and reserve

component aircraft;

(2) an increase of $31.0 million to procure ECP–560 upgrade kits for Naval Reserve F/A–18A aircraft;

(3) an increase of $9.6 million to procure advanced targeting forward-looking infrared (ATFLIR) pods for the Marine

Corps Reserve F/A–18 aircraft; and

582

(4) a decrease of $23.8 million due to test results of the advanced tactical airborne reconnaissance system (ATARS).

The Senate amendment would authorize an increase of $46.0

million to upgrade F/A–18A aircraft with ECP–583.

The conferees agree to authorize an increase of $51.6 million

for F–18 modifications, as follows:

(1) $46.0 million for ECP–583 for the Marine Corps active

and reserve components;

(2) $7.0 million for ATFLIR for the Marine Corps Reserve;

(3) $3.0 million for tactical aircraft moving map capability

(TAMMAC); and

(4) a decrease of $4.4 million for premature ATFLIR modifications and installation equipment.

AH–1 series modifications

The budget request included $9.8 million for Marine Corps

AH–1 aircraft modifications.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $4.0

million to procure four night targeting systems (NTS) for reserve

component AH–1 series aircraft.

The conferees agree to authorize an increase of $4.0 million to

procure four night targeting systems for AH–1 aircraft.

H–53 series modifications

The budget request included $19.9 million for Marine Corps

H–53 aircraft modification requirements.

The House bill would authorize an increase of $15.0 million for

AN/AAQ–29 forward looking infrared (FLIR) system modifications.

Of this amount, $12.4 million would be for modifying active component H–53 aircraft and $2.6 million would be for modifying Marine

Corps Reserve H–53 aircraft.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $1.8 million, a

total authorization of $21.7 million for AN/AAQ–29 FLIR modifications for Marine Corps Reserve aircraft.

H–1 series modifications

The budget request included $2.6 million for Marine Corps H–

1 aircraft requirements.

The House bill would authorize an increase of $17.5 million for

the H–1 reclamation and conversion program.

The Senate amendment would authorize an increase of $27.5

million for H–1 aircraft requirements. Of this amount, $10.0 million would be for thermal imaging systems for fielded aircraft to

support flight operations at night and $17.5 million would be for

the H–1 reclamation and conversion program.

The conferees agree to authorize a total of $15.6 million for H–

1 series aircraft requirements. This includes an increase of $7.0

million for thermal imaging systems and an increase of $6.0 million

for the H–1 reclamation and conversion program.

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EP–3 aircraft modifications

The budget request included $25.8 million for modifications to

the EP–3 aircraft.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $25.3 million to

reflect funds that were provided for EP–3 modifications to the Department of Defense in the Emergency Supplemental Act, 2000 (division B of Public Law 106–246), a total authorization of $533,000.

Overview

The budget request for fiscal year 2001 included an authorization of $1,434.3 million for Weapons Procurement, Navy in the Department of Defense.

The House bill would authorize $1,562.3 million.

The Senate amendment would authorize $1,540.0 million.

The conferees recommended an authorization of $1,443.6 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Trident II advance procurement

The budget request included $28.8 million for Trident II advance procurement.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $19.3 million for

Trident II advance procurement, a total authorization of $9.5 million.

The conferees note that a significant part of the budget request

was for the purchase of missile parts that will not be needed until

the later years of the current Future Years Defense Program. However, the conferees are aware that the supplier base for the Trident

II ballistic missile program is rapidly declining and that certain

suppliers may no longer be available in the outyears. Therefore, the

conferees direct the Secretary of the Navy to evaluate the Trident

II supplier base to determine if any additional advance procurement funds are required in fiscal year 2001. If the Secretary determines that additional advance procurement funds are necessary

during fiscal year 2001 to purchase parts that will not be available

in subsequent years, the conferees invite the Secretary to seek a

reprogramming for this purpose.

Drones and decoys

The budget request included no funding for drones and decoys.

The House bill would authorize an increase of $10.0 million for

aerial targets for the procurement of improved tactical air-launched

decoys (ITALDs).

The Senate amendment would authorize the budget request.

The conferees agree to authorize $10.0 million in drones and

decoys for the procurement of ITALDs.

Weapons industrial facilities

The budget request included $21.3 million for various activities

at government-owned and contractor-operated weapons industrial

facilities.

The House bill would authorize a decrease of $1.0 million for

weapons industrial facilities.

The Senate amendment would authorize an increase of $7.7

million to accelerate the facilities restoration program at the Allegany Ballistics Laboratory.

The conferees agree to authorize an increase of $7.7 million for

the facilities restoration program at the Allegany Ballistics Laboratory.

Mark 48 advanced capability torpedo modifications

The budget request included $16.4 million for Mark 48 advanced capability (ADCAP) torpedo modifications.

The House bill would authorize a decrease of $1.0 million for

Mark 48 ADCAP torpedo.

The Senate amendment would authorize an increase of $2.0

million for Mark 48 ADCAP modifications to field improved capability for littoral operations in the submarine fleet as soon as possible.

587

The conferees agree to authorize an increase of $2.0 million for

Mark 48 ADCAP modifications.

Close-in weapons system modifications

The budget request included $964,000 for modifications to the

close-in weapons system (CIWS) for surface ships.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $30.0

million for the procurement and modification of CIWS mounts to

the block 1B configuration. The conferees agree to authorize an increase of $25.0 million

for CIWS block 1B modifications.

Gun mount modifications

The budget request included $4.8 million for the procurement

and installation of modifications to surface ship gun mounts.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $30.0

million for the procurement of modifications to five inch 54 caliber

guns for surface ships. The conferees agree to authorize an increase of $25.0 million

for modifications to five inch 54 caliber guns for surface ships.

Overview

The budget request for fiscal year 2001 included an authoriza- tion of $429.6 million for Ammunition Procurement, Navy and Marine Corps in the Department of Defense. The House bill would authorize $481.3 million.

The Senate amendment would authorize $500.7 million.

The conferees recommended an authorization of $487.7 million.

Unless noted explicitly in the statement of managers, all changes

are made without prejudice.

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589

590

Overview

The budget request for fiscal year 2001 included an authorization of $12,296.9 million for Shipbuilding and Conversion, Navy in

the Department of Defense.

The House bill would authorize $11,982.0 million.

The Senate amendment would authorize $12,900.1 million.

The conferees recommended an authorization of $12,826.9 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

591

592

593

DDG–51 destroyers

The budget request included $2.7 billion for the procurement

of three Arleigh Burke-class DDG–51 destroyers.

The House bill and the Senate amendment would authorize the

budget request.

The conferees note recent developments that indicate basic

construction cost growth for DDG–51 destroyers. Therefore, the

conferees agree to authorize a decrease of $10.0 million for the procurement of three DDG–51 destroyers.

LHD–8 advance procurement

The Future Year Defense Program (FYDP) accompanying the

budget request included LHD–8 advance procurement in fiscal year

2004 and full funding in fiscal year 2005.

The House bill would authorize an increase of $10.0 million for

advance procurement of LHD–8.

The Senate amendment would authorize an increase of $460.0

million to continue the advance procurement and advance construction of components for the LHD–8 amphibious ship.

The conferees agree to authorize an increase of $460.0 million

to continue the advance procurement and advance construction of

components for the LHD–8 amphibious ship.

Ship outfitting

The budget request included $301.1 million for outfitting new

construction ships with initial on board repair parts and equipage.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to a $10.0 million decrease for ship outfitting resulting from recent adjustments to the LPD–17 procurement.

Overview

The budget request for fiscal year 2001 included an authorization of $3,334.6 million for Other Procurement, Navy in the Department of Defense.

The House bill would authorize $3,432.0 million.

The Senate amendment would authorize $3,378.3 million.

The conferees recommended an authorization of $3,380.7 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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595

596

597

598

599

600

601

602

Surveillance and security for military sealift ships

The budget request included no funding for thermal imaging

surveillance and security for military sealift ships.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $4.0

million for thermal imaging surveillance and security procurement

and installation on Military Sealift Command (MSC) ships. The conferees agree to authorize an increase of $4.0 million for

thermal imaging surveillance and security procurement and installation on MSC ships.

AN/WSN–7 inertial navigation system

The budget request included $7.3 million for procurement of

AN/WSN–7 ring laser inertial navigation systems. The House bill would authorize an increase of $12.0 million for

AN/WSN–7 navigation sets. The Senate amendment would authorize an increase of $7.0

million for the procurement and installation of additional AN/

WSN–7 navigation sets. The conferees agree to authorize an increase of $10.0 million

for the procurement and installation of additional AN/WSN–7 navigation sets.

Integrated condition assessment system

The budget request included $11.3 million for the integrated

condition assessment system (ICAS) for ships. The ICAS is a system that electronically monitors the operating parameters of machinery and electronic systems, thus reducing man-hours spent

taking readings on equipment.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $5.0

million for procurement and installation of ICAS equipment for

surface ships. The conferees agree to authorize an increase of $4.0 million for

procurement and installation of ICAS equipment for surface ships.

AN/SPS–73(V) surface search radar

The budget request included no funding for procurement and

installation of AN/SPS–73(V) surface search radars which would

replace a number of aging radars on surface ships with one radar. The House bill would authorize an increase of $14.0 million for

the procurement and installation of AN/SPS–73(V) radars. The Senate amendment would authorize an increase of $8.0

million for the procurement and installation of AN/SPS–73(V) radars.

The conferees agree to authorize an increase of $14.0 million

for the procurement and installation of AN/SPS–73(V) radars.

Nuclear attack submarine acoustics

The budget request included $106.6 million for nuclear attack

submarine (SSN) acoustics but included no funding for the refurbishment and upgrade of TB–23 submarine towed arrays.

The House bill would authorize an increase of $8.0 million to

sustain the TB–23 array refurbishment and upgrade program.

603

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $6.0 million for

the TB–23 array refurbishment and upgrades.

Conferees note that the Navy intends to upgrade all submarine

towed acoustics arrays with the TB–29A array beginning in fiscal

year 2002 but at a rate that will require the TB–23 array to remain in service for at least the next decade.

Sonar support equipment

The budget request included no funding for sonar support

equipment and included no funding for surface sonar windows and

domes.

The House bill would authorize an increase of $5.0 million in

undersea warfare support equipment to complete development of

production tooling and fabrication of the first production sonar

dome with a new material system.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $5.0 million for

completing development and validation of a new sonar dome material fabrication process including production tooling and fabrication

of the first production sonar dome.

Shipboard indications and warnings exploit

The budget request included $61.5 million for shipboard equipment to exploit indications and warnings (IW) from sources outside

the ship.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $500,000 for

shipboard IW exploit due to recent contract savings.

Side-scanning sonar for forward deployed minesweepers

The budget request included no funding for side-scanning

sonar for forward deployed minesweepers.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $5.0

million for the procurement and installation of a side-scanning

sonar in a forward deployed minesweeper to enhance the ability to

detect and classify bottom mines.

The conferees agree to authorize an increase of $4.0 million for

the procurement and installation of a commercial off-the-shelf sidescanning sonar in a forward deployed minesweeper.

Shallow water mine countermeasures

The budget request included $16.9 million for shallow water

mine countermeasures equipment.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $500,000 for

shallow water mine countermeasures due to recent contract savings.

604

Other training equipment

The budget request included $21.4 million for other training

equipment, including $16.4 million for the procurement of equipment to support battle force tactical training (BFTT) programs.

The House bill would authorize an increase of $4.0 million to

upgrade the BFTT system in order to provide an air traffic control

(ATC) training capability for aircraft carrier crews.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $4.0 million to

upgrade the BFTT system for ATC training aboard aircraft carriers.

Joint tactical terminal

The budget request included $32,000 for program support for

tactical terminals including the joint tactical terminal (JTT).

The House bill would authorize an increase of $6.0 million for

procurement and installation of additional JTT.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $6.0 million for

procurement and installation of additional JTT.

Joint engineering data management and information control system

The budget request included no funding for the joint engineering data management and information control system (JEDMICS),

the designated Department of Defense standard system for management, control and storage of engineering drawings.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $4.0

million for procurement, integration and accreditation surveys to

ensure JEDMICS is fully compliant with the joint technical data

environment.

The conferees agree to authorize an increase of $4.0 million for

procurement, integration and accreditation surveys to ensure

JEDMICS is fully compliant with the joint technical data environment.

The conferees note that this system is designed as an open, client-server architecture and is nearing full deployment for global access to the data in its repositories. However, the JEDMICS data

available is not fully accessible to all clients using the joint technical data environment.

Naval shore communications equipment

The budget request included $176.1 million for procurement

and installation of naval shore communications equipment.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $10.0 million for

naval shore communications equipment as a result of budgeting for

redundant systems.

Sonobuoys

The budget request included $49.5 million for the procurement

of sonobuoys, including AN/SSQ–36, AN/SSQ–53E, AN/SSQ–57,

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AN/SSQ–62E, AN/SSQ–77, AN/SSQ–101, and Signal Underwater

Sound (SUS) buoys. The House bill would authorize an increase of $18.0 million to

address the sonobuoy shortfall, including $3.0 million for the AN/

SSQ–53E, $5.0 million for the AN/SSQ–62E, and $10.0 million for

the AN/SSQ–77.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.0 million for non-beam forming passive sonobuoys and an increase of $3.0 million for the AN/SSQ–62 (DICASS) sonobuoy.

Weapons range support equipment

The budget request included $15.1 million for weapons range support equipment, including $2.7 million for procurement of ten

underwater acoustic telemetry modems, $1.2 million for a Gulf of

Mexico portable mine warfare range, and no funding to procure mobile remote emitter simulator (MRES) systems. The House bill would authorize an increase of $7.5 million for

the procurement and installation of one MRES system.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $7.5 million for MRES, a decrease of $2.7 million for underwater acoustic telemetry

modems, and a decrease of $1.2 million for Gulf of Mexico mine

warfare range.

Rolling airframe guided missile launcher

The budget request included $37.3 million for procurement and

installation of rolling airframe (RAM) guided missile launchers.

The House bill and the Senate amendment would authorize the

budget request. The conferees agree to authorize a decrease of $500,000 for

procurement and installation of RAM launchers as a result of recent contract savings.

Cruiser smart ship

The budget request included $47.9 million for programs referred to as ‘‘smart ship’’ programs. Of this amount, $22.5 million

would be for smart ship equipment procurement and logistics for

Ticonderoga-class cruisers.

The House bill would authorize the budget request.

The Senate bill would authorize a decrease of $17.5 million for

procurement of smart ship equipment.

The conferees agree to authorize a decrease of $10.0 million for

procurement of smart ship equipment.

NULKA anti-ship missile decoy system

The budget request included $33.8 million for procurement and

installation of the NULKA anti-ship missile decoy program.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $4.3

million for the procurement of NULKA launcher systems and decoys to outfit the fleet with this key self-defense equipment and an

increase of $4.3 million in the Navy operations and maintenance

account for critical training on the NULKA system.

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The conferees agree to authorize an increase of $4.3 million for

the procurement of NULKA launcher systems and decoys and an

increase of $4.3 million in the Navy operations and maintenance

account for critical training on the NULKA system, a proven decoy

for anti-ship missiles.

SSN combat control systems

The budget request included $20.9 million nuclear fast attack

submarine (SSN) combat control systems.

The House bill and the Senate amendment would authorize the

budget request. The conferees agree to authorize a decrease of $1.3 million for

AN/BSG–1 weapons launching system as a result of an operational

testing delay.

Civil engineering support equipment

The budget request included $10.5 million for light and medium duty tactical equipment used mostly by the Naval Construction Force (NCF), Maritime Prepositioning Force (MPF), Naval

Beach Group (NBG), and other special operating units.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $10.0

million for the procurement of civil engineering support equipment

for the NCF.

The conferees agree to authorize an increase of $10.0 million

for the procurement of civil engineering support equipment for the

NCF.

Education support equipment

The budget request included $2.1 million for the virtual recruiting program which utilizes computer-based recruiting kiosks. The House bill would authorize an increase of $2.0 million for

procurement of 150 armed forces recruiting kiosks.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $2.0 million for

procurement of 150 armed forces recruiting kiosks.

Overview

The budget request for fiscal year 2001 included an authorization of $1,171.9 million for Marine Corps Procurement, Navy in the

Department of Defense.

The House bill would authorize $1,254.7 million.

The Senate amendment would authorize $1,191.0 million.

The conferees recommended an authorization of $1,212.8 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Communications and electronic infrastructure support

The budget request included $80.6 million for Marine Corps

communications and electronic infrastructure support requirements.

The House bill would authorize an increase of $2.0 million for

common end-user equipment requirements for the Marine Corps

Reserve in another line.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $2.0 million for

common end-user equipment requirements for the Marine Corps

Reserve, a total authorization of $82.6 million for communications

and electronic infrastructure support.

Night vision equipment

The budget request included $14.4 million for Marine Corps

night vision equipment.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $2.7

million for improved night/day fire-control observation devices

(INOD) for Marine Corps ground forces and an increase of $2.0 million to procure M203 tilting brackets.

The conferees agree to authorize an increase of $2.0 million for

INOD systems to support improvements to Marine Corps fire control requirements and an increase of $2.0 million for M203 tilting

brackets.

Radio systems

The budget request included $3.1 million for Marine Corps

radio system requirements.

The House bill would authorize an increase of $12.0 million for

tactical handheld radios.

The Senate amendment would authorize an increase of $6.4

million for additional enhanced position location reporting system

(EPLRS) equipment.

The conferees agree to authorize an increase of $13.4 million

for a total authorization of $16.5 million. Of this amount, $7.0 million is for tactical handheld radio requirements and $6.4 million is

for EPLRS.

5/4 ton truck high mobility multipurpose wheeled vehicles

The budget request included $124.4 million for Marine Corps

high mobility multipurpose wheeled vehicles (HMMWV).

The House bill would authorize an increase of $23.0 million for

HMMWVA2 vehicles.

The Senate amendment would authorize an increase of $2.0

million for additional HMMWV’s necessary to field recruiter vehicle

requirements.

The conferees agree to authorize an increase of $15.0 million

for HMMWVA2 vehicles for the Marine Corps.

Material handling equipment

The budget request included $36.3 million for material handling equipment requirements.

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The House bill would authorize an increase of $12.1 million for

D–7G bulldozer and scraper remanufacture requirements.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $12.1 million

for D–7G bulldozer and scraper remanufacture requirements.

Overview

The budget request for fiscal year 2001 included an authoriza- tion of $9,539.6 million for Aircraft Procurement, Air Force in the

Department of Defense. The House bill would authorize $10,267.2 million.

The Senate amendment would authorize $9,966.3 million.

The conferees recommended an authorization of $9,923.9 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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F–16C aircraft

The budget request included no funding for the procurement of

F–16C aircraft.

The House bill would authorize an increase of $51.7 million for

the procurement of three block 50/52 F–16C aircraft, and would require the Department to combine $24.0 million of advance procurement funds appropriated in fiscal year 2000 for this purpose. The

House report accompanying H.R. 4205 (H. Rept. 106–616) directed

the Secretary of the Air Force to assign block 40 or later F–16 aircraft to Air National Guard fighter units whose capabilities have

been downgraded as a result of the substitution of older block F–

16 aircraft.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $51.7 million

for the procurement of two F–16 block 50/52 aircraft, recognizing

that the fiscal year 2000 funds were rescinded. The conferees agree

to accept the Air Force proposal to upgrade the capability of Air

National Guard fighter units, whose capabilities have been downgraded, with F–16C block 30 or better aircraft equipped with advanced targeting pods. The conferees understand that these advanced targeting pods are necessary to enable the aircraft to accomplish precision strike missions. The conferees expect the Air

Force will provide an adequate number of these advanced targeting

pods for Air National Guard units to support peacetime training

and, when tasked, operational deployments.

C–17 aircraft

The budget request included $2.212 billion for the procurement

of 12 C–17 aircraft under a multi-year program.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $41.0 million in

response to an Air Force request for transfer to advance procurement, a total authorization of $2.171 billion.

C–17 advance procurement

The budget request included $266.8 million for advance procurement for the C–17 multi-year program.

The House bill and the Senate amendment would authorize the

budget request.

The conferees agree to authorize a decrease of $9.0 million, as

follows:

(1) an increase of $41.0 million transferred from the C–17

aircraft program; and

(2) a decrease of $50.0 million due to a revision of advance

procurement funding requirements.

EC–130J aircraft

The budget request included no funding for the procurement of

the EC–130J aircraft.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $90.0

million for the procurement of one EC–130J aircraft.

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The conferees agree to authorize $90.0 million for the procurement of one EC–130J aircraft. The conferees expect the Department of the Air Force to utilize these funds in the most effective

manner for EC–130 fleet modernization in the event that EC–130J

procurement contract savings for this aircraft materialize.

B–52 aircraft modifications

The budget request included $8.4 million for modifications to

the B–52 aircraft.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $12.0

million for improved electronic countermeasures.

The conferees agree to authorize an increase of $9.0 million for

improved electronic countermeasures for the B–52 aircraft, a total

authorization of $17.4 million.

A–10 aircraft integrated flight and fire control computer

The budget request included $33.9 million for modifications to

the A–10 aircraft, but included no funding for procurement of the

integrated flight and fire control computer (IFFCC).

The House bill would authorize an increase of $6.8 million for

IFFCCs and an increase of $8.6 million for situational awareness

data link (SADL) upgrades for Air National Guard aircraft, a total

increase of $15.4 million.

The Senate amendment would authorize an increase of $11.2

million for the procurement of IFFCCs.

The conferees agree to authorize an increase of $6.8 million for

A–10 IFFCCs, a total authorization of $40.7 million.

F–15 modifications

The budget request included $258.2 million for F–15 modifications.

The House bill would authorize an increase of $100.0 million

for F–15 modifications, as follows:

(1) an increase of $70.0 million for upgrading F–15 engines

from the F100–PW–100 to the F100–PW–220E configuration

for the Air National Guard; and

(2) an increase of $30.0 million to integrate the BOL countermeasure dispenser system on Air National Guard (ANG) F–

15A and F–15B aircraft.

The Senate amendment would authorize an increase of $74.9

million, as follows:

(1) an increase of $48.0 million for additional F–15 engine

upgrades; and

(2) an increase of $26.9 million for the procurement of BOL

systems and countermeasures for the F–15 aircraft.

The conferees agree to authorize an increase of $52.0 million

for F–15 modifications, as follows:

(1) an increase of $36.0 million for F–15 engine upgrades

to the F100–PW–220E configuration;

(2) an increase of $26.4 million for the procurement of BOL

systems and countermeasures for integration on ANG F–15A

and F–15B aircraft; and

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(3) a decrease of $10.4 million due to delays and technical

problems with the ALQ–135.

F–16 aircraft modifications

The budget request included $248.8 million for modifications to

the F–16 aircraft.

The House bill would authorize an increase of $49.3 million,

for F–16 modifications, as follows:

(1) an increase of $25.0 million to procure additional F–16

precision targeting pods for the Air National Guard; (2) an increase of $12.3 million to accelerate the procurement of ALE–50 towed decoy pylons; and (3) an increase of $12.0 million to improve reliability and

reduce costs for the F–16 airborne video tape recorder.

The Senate amendment would authorize an increase of $119.5

million for F–16 modifications, as follows:

(1) an increase of $16.5 million for the procurement of the

digital terrain system; (2) an increase of $34.0 million for the procurement of precision targeting pods; and (3) an increase of $69.0 million for the retrofit of Air National Guard block 42 F–16 aircraft with F100–PW–229 engines.

The conferees agree to authorize an increase of $56.7 million

for F–16 aircraft modifications, as follows:

(1) an increase of $12.0 million for the procurement of digital terrain systems; (2) an increase of $48.7 million for the retrofit of Air National Guard block 42 F–16 aircraft with F100–PW–229 engines; and (3) a decrease of $4.0 due to delays with the Joint Helmet

Mounted Cueing System.

Defense airborne reconnaissance program modifications

The budget request included $165.5 million for the defense airborne reconnaissance program (DARP) for modifying various reconnaissance aircraft, including the RC–135 and U–2 aircraft.

The House bill would consolidate all RC–135 DARP items in

this funding line, and transfer U–2 DARP items to the DARP aircraft support equipment funding line. The House bill would also

authorize an increase of $78.2 million for DARP modifications, as

follows:

(1) an increase of $44.0 million to convert two C–135 aircraft into RC–135 training aircraft configurations;

(2) an increase of $9.0 million for a motion-capable operational flight trainer;

(3) an increase of $28.4 million for equipment associated

with meeting the requirements of global air traffic management (GATM);

(4) an increase of $10.0 million for the theater airborne

warning system (TAWS);

(5) an increase of $5.1 million for RC–135 modifications

transferred from the DARP aircraft support equipment line;

and

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(6) a decrease of $18.3 million for U–2 modifications transferred to the DARP aircraft support equipment line for consolidation.

The Senate amendment would authorize an increase of $3.0

million for the procurement of Senior Year electro-optic reconnaissance system (SYERS) equipment for the U–2 aircraft.

The conferees agree to consolidate all RC–135 aircraft DARP

modifications in this line and transfer U–2 aircraft DARP modifications to the DARP aircraft support equipment line. The conferees

acknowledge that funds for the RC–135 operational flight trainer

were provided in the Emergency Supplemental Act, 2000 (division

B of Public Law 106–246). The conferees agree to a decrease of

$13.2 million for RC–135 DARP for a total authorization of $152.3

million, as follows:

(1) an increase of $5.1 million for transfer of RC–135 aircraft DARP modifications from DARP aircraft support equipment; and

(2) a decrease of $18.3 million for transfer of U–2 aircraft

DARP modifications to the DARP aircraft support equipment

DARP line for consolidation.

Other aircraft modifications

The budget request included $28.2 million for other aircraft

modifications.

The House bill would authorize an increase of $7.0 million for

light weight environmentally sealed parachute assemblies and an

increase of $20.6 million for the situational awareness data link

(SADL) for Air National Guard (ANG) A–10, C–130, and C–135 aircraft.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $5.5 million for

the ANG SADL for A–10, C–130, and C–135 aircraft, a total authorization of $33.7 million for other aircraft modifications.

Defense airborne reconnaissance program aircraft support equipment

The budget request included $98.4 million for the defense airborne reconnaissance program for modifying various reconnaissance aircraft, including U–2 and RC–135 aircraft.

The House bill would consolidate all U–2 DARP items in this

funding line, and transfer all RC–135 DARP items to the DARP

modification funding line. The House bill would authorize an increase of $30.2 million for DARP, as follows:

(1) an increase of $3.0 million for the procurement of additional Senior Year electro-optic reconnaissance system

(SYERS) equipment;

(2) an increase of $4.0 million for procurement of additional joint signals intelligence avionics family (JSAF) equipment;

(3) an increase of $10.0 million to convert one U–2S aircraft to a U–2ST trainer aircraft configuration;

(4) an increase of $18.3 million for U–2 aircraft DARP

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creases of $9.9 million for a power upgrades and $8.4 million

for dual data links; and

(5) a decrease of $5.1 million due to the transfer of RC–

135 aircraft modifications to the DARP modifications funding

line.

The Senate amendment would authorize an increase of $8.0

million in DARP aircraft support equipment for JSAF, specifically

the U–2, and an increase of $3.0 million for SYERS, specifically the

U–2 in the DARP modifications line.

The conferees agree to authorize a decrease of $87.3 million in

DARP aircraft support equipment, as follows: (1) an increase of $3.0 million for SYERS equipment;

(2) an increase of $8.0 million for JSAF;

(3) an increase of $18.3 million for U–2 aircraft DARP

modifications transferred from elsewhere, consisting of increases of $9.9 million for power upgrades and $8.4 million for

dual data links;

(4) a decrease of $5.1 million for transfer of RC–135 aircraft modifications to the DARP modifications line; and

(5) a decrease of $111.6 million for U–2 DARP modifications. These funds were provided in the Emergency Supplemental Act, 2000 (division B of Public Law 106–246). Overview

Overview

The budget request for fiscal year 2001 included an authoriza- tion of $638.8 million for Ammunition Procurement, Air Force in

the Department of Defense. The House bill would authorize $638.8 million.

The Senate amendment would authorize $666.8 million.

The conferees recommended an authorization of $646.8 million.

Unless noted explicitly in the statement of managers, all changes

are made without prejudice.

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Overview

The budget request for fiscal year 2001 included an authorization of $3,061.7 million for Missile Procurement, Air Force in the

Department of Defense.

The House bill would authorize $3,046.7 million.

The Senate amendment would authorize $3,008.0 million.

The conferees recommended an authorization of $2,863.8 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Overview

The budget request for fiscal year 2001 included an authorization of $7,699.1 million for Other Procurement, Air Force in the Department of Defense.

The House bill would authorize $7,869.9 million.

The Senate amendment would authorize $7,717.5 million.

The conferees recommended an authorization of $7,711.6 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Intelligence communications equipment

The budget request included $5.5 million for intelligence communications equipment.

The House bill would authorize an increase of $5.0 million for

Eagle Vision and an increase of $4.0 million for secure terminal

equipment.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $9.0 million in

intelligence communications equipment, including an increase of

$5.0 million for Eagle Vision and $4.0 million for secure terminal

equipment, a total authorization of $14.5 million.

Combat training ranges

The budget request included $26.0 million for the procurement

of equipment for combat training ranges, of which $18.4 million is

for advanced threat upgrades.

The House bill would authorize an increase of $1.0 million for

the advanced message-oriented data security module (AMODSM).

The Senate amendment would authorize an increase of $20.0

million to procure additional advanced threat emitters for combat

training ranges.

The conferees agree to authorize an increase of $20.0 million

to procure additional advanced threat emitters for combat training

ranges, a total authorization of $46.0 million.

Items less than $5.0 million

The budget request included $6.7 million for the procurement

of items less than $5.0 million.

The House bill would authorize $7.0 million in other aircraft

modifications for the procurement of lightweight environmentallysealed parachute assemblies (LESPAs).

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.0 million for

the procurement of LESPAs, a total authorization of $9.7 million.

Overview

The budget request for fiscal year 2001 included an authorization of $2,275.3 million for Defense-wide Procurement in the Department of Defense.

The House bill would authorize $2,309.1 million.

The Senate amendment would authorize $2,210.5 million.

The conferees recommended an authorization of $2,278.4 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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MH–60 aerial refueling probes and 200 gallon fuel tanks

The budget request included $68.5 million for Procurement,

Defense-wide, Special Operations Forces (SOF) rotary wing upgrades, but included no funding to continue the effort to upgrade

the entire MH–60 fleet with aerial refueling probes and new, internal fuel tanks.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $18.9

million to procure and install the aerial refueling probes and 200

gallon fuel tanks required to complete the upgrade of the SOF

MH–60 fleet.

The conferees agree to authorize an increase of $10.0 million

in Procurement, Defense-wide, for SOF rotary wing upgrades for

the purpose of procuring and installing aerial refueling probes and

200 gallon fuel tanks to continue the upgrade of the SOF MH–60

fleet.

Special operations forces small arms and support equipment

The budget request included $11.8 million for Procurement,

Defense-wide, Special Operations Forces (SOF) small arms and

support equipment, but included no funding to continue the procurement of SOF body armor load carriage systems (BALCS), the

modular integrated communications helmet (MICH), or the SOF

peculiar modifications to the M–4 carbine (SOPMOD).

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $21.7

million to procure approximately half of the equipment required to

fully equip all SOF operators.

The conferees agree to authorize an increase of $12.4 million

in Procurement, Defense-wide, SOF small arms and support equipment, including $4.9 million for BALCS, $2.5 million for MICH,

and $5.0 million for SOPMOD.

ITEMS OF SPECIAL INTEREST

Air Mobility Command

The conferees are aware that regional commanders in chief

(CINCs) continue to highlight a requirement for improved strategic

lift capabilities, which remains the most compelling deficiency that

our CINCs face in meeting their responsibility to execute the National Military Strategy. The conferees are also concerned to note

the recent statements that confirm our total airlift capability is insufficient to execute the National Military Strategy. The conferees

note that the Joint Chiefs of Staff Mobility Requirements Study of

Fiscal Year 2005 (MRS–05) will not take into account certain factof-life changes in airlift requirements, specifically the transformation by the Army. The conferees direct the Secretary of the

Air Force to deliver an analysis to the congressional defense committees by March 15, 2001. This analysis should use MRS–05 results and fiscal year 2000 readiness statistics for the C–141, C–5,

and C–17 fleets. The analysis should determine readiness levels

that are required to execute the National Military Strategy, and

should explore alternatives to existing aircraft stationing plans for

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both active and reserve component airlift forces that are available

to support existing lift requirements.

Intelligence, surveillance and reconnaissance programs

It is clear to the conferees that the Department of Defense

(DoD) will place increasing reliance upon intelligence, surveillance

and reconnaissance (ISR) programs in future operations. Experience in supporting DoD operations, including recent experience in

the Balkans, has shown that relatively small numbers of ISR forces

will be in high demand to provide information superiority. DoD has

identified this information superiority as a ‘‘critical enabler’’ in the

ongoing transformation of the Department.

The Department has identified shortages of some of these

‘‘high demand/low density’’ assets in various reports. The conferees

are also aware that the Department has conducted and has underway studies on various pieces of the ISR puzzle, many at request

of Congress.

The various reports of ‘‘lessons learned’’ from Kosovo operations, the fiscal year 2001 budget request, and the unfunded priority lists for fiscal year 2001 identified some specific fixes to specific problems. What is less clear is whether the Department, in

view of these ‘‘lessons learned’’, has attempted to provide an overarching vision for ISR forces, to include sustaining and modernizing the current force, and improving ISR capabilities in the future.

Therefore, the conferees direct the Secretary of Defense to provide an analysis concurrent with the submission of the fiscal year

2002 budget request, that:

(1) evaluates the current ISR capability and forces;

(2) identifies those ISR capabilities and forces that need to

be sustained and modernized;

(3) enumerates those capabilities that need to be created

or enhanced to ensure that ISR forces can contribute to achieving the information superiority for the transformed military

forces; and

(4) itemizes how the budget and the Future Years Defense

Program supports these needs.

LPD–17 amphibious ships

The budget request included $1.5 billion for procurement of

two San Antonio-class LPD–17 amphibious ships: LPD–21 and

LPD–22. In addition, the budget request included $20.7 million for

advance procurement for two San Antonio-class LPD–17 amphibious ships.

The House bill and the Senate amendment would authorize the

budget request.

The conferees fully support the LPD–17 program and recognize

the requirement to deliver these ships to the Navy and Marine

Corps as soon as possible to support a key element of split amphibious ready group operations and the Marine Corps operational maneuver from the sea (OMFTS) concept.

Concerns regarding LPD–17 first ship design completion prior

to transition to production led to congressional reassessment of the

LPD–17 procurement request. The reassessment centered on the

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question of whether delays in the start of production of the lead

ship would translate into schedule delays for subsequent ships,

LPD–21 and LPD–22. This reassessment, in light of overall national defense budget realities, led to a shift in appropriations procurement strategy for LPD–21 and LPD–22.

However, subsequent to passage of the Department of Defense

Appropriations Act for Fiscal Year 2001, the following significant

actions occurred which led authorization conferees to conduct a further review of the progress of the LPD–17 program:

(1) The Navy commenced full rate construction of the lead ship,

LPD–17, based on an extensive Production Readiness Review;

(2) Unprecedented levels of design completion were achieved

prior commencing full production of LPD–17; and

(3) The Secretary of the Navy stated that fiscal year 2001 full

funding for the LPD–21 and LPD–22 will permit the Navy to execute construction on schedule due to the achievement of 75 percent

total ship design completion and 95 percent individual ship unit design completion prior to initial construction.

Based on this new information regarding significant program

actions, the conferees agree to authorize the budget request.

The conferees expect the Navy to submit budget requests that

include full funding for future San Antonio-class LPD–17 ships and

adequate advance procurement to ensure that production continues

at an efficient level and without interruption.

The conferees note with concern the adverse impact that reducing ship procurement has on the requirement for annual investment of $10.0 to $12.0 billion for ship construction necessary to

maintain a Naval force structure of 300 ships. Therefore, the conferees support appropriation of additional procurement funds for

LPD–17 in fiscal year 2001 should additional appropriations for the

Department of Defense become available.

Multipurpose individual munition

The conferees believe the capabilities represented by the multipurpose individual munition (MPIM) system are critical to future

requirements associated with the national military strategy. The

conferees are concerned with recent actions taken by the Secretary

of the Army to begin termination of the MPIM program after a significant investment and an extensive research and development effort. The Army has noted that the system has not met specified

weight requirements and has historically suffered from technical

and performance difficulties. While the conferees believe that most

of the technical issues can be resolved, weapon system weight appears to be the compelling reason for program termination. The

conferees believe, however, in light of the fact there is no other system in the inventory to fulfill MPIM requirements, no clarity on

the final weight alternatives, and no program exists to meet these

requirements, the Army should not terminate the MPIM program

until these facts are reviewed.

The conferees agree with Army requirements documents that

suggest there are clear and compelling needs to field a system,

such as MPIM, to support soldiers for either combat or peacekeeping missions. Therefore, the conferees expect the Secretary of

the Army to conduct a final, thorough review of the status of this

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program, alternatives to the status quo, and provide a plan to the

congressional defense committees, no later than January 30, 2001,

on how these requirements will be met as soon as practicable.

Shipbuilding overview

The conferees note that on June 26, 2000, the Secretary of Defense delivered to Congress the long-range shipbuilding report required by section 1013 of the National Defense Authorization Act

for Fiscal Year 2000 (Public Law 106–65).

The conferees agree that the report provides a framework for

discussion of new ship construction plans necessary to maintain the

number of ships required to carry out the national security strategy

through fiscal year 2030. The report of the Secretary concludes that

a steady state building rate of 8.7 ships annually is required to

maintain at least 306 ships. The Secretary’s report states that,

‘‘. . . the annual funding required to sustain the force . . . will require an average of $14 billion per year.’’ The report of the Secretary also acknowledges the discrepancy between: (1) the requirement to buy 8.7 new construction ships annually to maintain at

least 306 ships; and (2) according to the Secretary’s report, ‘‘. . .

the President’s Budget for FY 2001–2005 which funds an average

of 7.8 ships.’’

The conferees note two deficiencies in the report of the Secretary. Consistent with the 1999 attack submarine study developed

by the Chairman of the Joint Chiefs of Staff, the report of the Secretary uses a larger nuclear attack submarine (SSN) force structure of 55 SSNs, versus the original Quadrennial Defense Review

(QDR) goal of 50 SSNs. However, the shipbuilding plan in the report does not achieve a force level of 18 Virginia-class SSNs that

the CJCS report states is required in fiscal year 2015 to counter

the technologically pacing threat. The shipbuilding plan in the report would only provide 16 Virginia-class submarines by fiscal year

2015.

The second flaw in the report of the Secretary is its supposition

that a delay in required annual investments is possible due to the

size of the fleet and the average age of the ships in the fleet.

The Secretary’s report fails to assess the risks associated with

having to ramp-up to a higher level of investment later in the planning period. The report discusses risks associated with deviation

from the long-range shipbuilding plan, but focuses primarily on the

shipbuilding industrial base. There is no discussion of the risks associated with pursuing the shipbuilding plan’s uneven investment

strategy, particularly a plan that defers near-term investment and

requires that the Navy double the annual shipbuilding procurement rate by fiscal year 2013 just to support the currently envisioned force structure. Whereas the report acknowledges that there

may be additional future requirements for ships (i.e., for ballistic

missile defense and sea-based land attack), it does not include an

evaluation of the risks of not including the additional ships in the

shipbuilding plan.

The conferees are concerned with the gap between the requirement stated in the long-range shipbuilding plan and the ships included in recent budget requests submitted to Congress by the

President. Unfortunately, the Secretary’s long-range shipbuilding

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report does not provide a clear plan to maintain the force structure

recommended in the report, required to carry out the national security strategy. The conferees expect the Secretary of Defense to address these concerns in the fiscal year 2002 budget request.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations

Authorization of appropriations (secs. 101–106)

The House bill contained provisions (secs. 101–107) that would

authorize the recommended fiscal year 2001 funding levels for procurement for the Army, Navy, and Marine Corps, Air Force, Defense-Wide Activities, Defense Inspector General, Chemical Demilitarization Program, and the Defense Health Program.

The Senate amendment contained similar provisions.

The conference agreement includes these provisions.

Subtitle B—Army Programs

Multiyear procurement authority (sec. 111)

The House bill contained a provision (sec. 111) that would authorize the Secretary of the Army to enter into a multiyear procurement contract for the M2A3 Bradley fighting vehicle, the UH–

60 Blackhawk helicopter, and, acting as executive agent for the Department of the Navy, the CH–60 Knighthawk helicopter.

The Senate amendment contained a similar provision (sec.

111).

The Senate recedes.

The conferees agree that the Secretary of the Army shall certify that the M2A3 Bradley fighting vehicle has successfully completed the initial operational test and evaluation and milestone III

review prior to awarding the multiyear contract.

Increase in limitation on number of bunker defeat munitions that

may be acquired (sec. 112)

The House bill contained a provision (sec. 112) that would

amend section 116 of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337) to increase the quantity of

bunker defeat munitions by 2,500 that the Army is authorized to

procure.

The Senate amendment contained no similar provision.

The Senate recedes.

Reports and limitations relating to Army transformation (sec. 113)

The Senate amendment contained a provision (sec. 112) that

would require the Secretary of the Army to provide reports on the

process associated with the development of an objective force and

the fielding of an interim force for the Army transformation initiative. The provision also required the Secretary of the Army to conduct a comparative evaluation of interim armored vehicles (IAV) to

be selected for the fielding of interim brigade combat teams (IBCT)

with equipment already in the Army inventory.

The House bill contained no similar provision.

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The House recedes with an amendment that would require the

Secretary of the Army to conduct an evaluation, as described in the

conference agreement, at a level to be determined in conjunction

with the Director of Operational Test and Evaluation prior to the

obligation of funding for a third IBCT.

The conferees strongly support efforts designed by the Chief of

Staff of the Army to transform the service into a lighter, more lethal, and survivable force able to deal effectively with the wide

range of national security challenges that will face our nation in

the 21st Century. The conferees look forward to receiving a welldefined road map that lays out the course of the Army transformation initiative through fiscal year 2012. The conferees continue to be concerned about the level of funding provided to the

Army by the Department of Defense in support of the transformation initiative. The conferees do not understand how the Secretary of Defense can assert his support for the Army initiative

while providing inadequate funding to facilitate the transformation

process.

The conferees would expect the evaluation called for in the conference agreement to illustrate differences in capabilities that new

IAVs may provide when compared to vehicles the Army currently

has fielded. The conferees expect the Army to provide a plan to

conduct a comparative evaluation, which will be subject to the approval of the Director of Operational Test and Evaluation prior to

execution.

The conferees understand the IBCT force is designed to operate across the full spectrum of conflict. Current Army plans call for

the first IBCT to be evaluated at the Joint Readiness Training

Center in a range of environments largely focused on low intensity

conflict and peacekeeping. The conferees believe it is important

that the Army also plan and conduct an operational evaluation of

these forces in a high intensity conflict environment. The Chief of

Staff of the Army has highlighted a critical requirement for a new

force that is able to quickly deploy with greater lethality and survivability than our light forces possessed during Operation Desert

Shield when the 82nd Airborne Division was quickly deployed in

response to Iraqi forces moving south toward Saudi Arabia. An

operational evaluation of IBCTs in this type of an environment

would facilitate an understanding of the overall capabilities that

these forces possess to meet this type of challenge. The conferees,

therefore, direct the Army to evaluate the capabilities of IBCTs in

a high intensity combat environment and provide a report on the

demonstrated combat capabilities these forces possess.

Subtitle C—Navy Programs

CVNX–1 nuclear aircraft carrier program (sec. 121)

The budget request included $21.9 million for advance procurement and advance construction of long lead time components for

CVNX–1.

The Senate amendment contained a provision (sec. 121) that

would authorize the budget request, authorize the Secretary of the

Navy to procure the nuclear aircraft carrier designated CVNX–1,

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and to enter into a contract for the advance procurement and advance construction of that ship.

The House bill contained no similar provision.

The House recedes.

Arleigh Burke class destroyer program (sec. 122)

The House bill contained a provision (sec. 124) that would authorize an extension of the existing multiyear procurement contract

for the DDG–51 destroyer program through fiscal year 2005. The

provision would also authorize the procurement of three ships per

year through fiscal year 2001 and the procurement of up to three

ships per year from fiscal year 2002 through 2005.

The Senate amendment contained a provision (sec. 122) that would authorize an increase of $143.2 million in advance procurement for DDG–51. In addition, the provision would provide the following: (1) authorize the Secretary of the Navy to extend the 1997

multiyear contract to include the fiscal year 2004 and fiscal year

2005 DDG–51 procurements; (2) express the sense of Congress that

the most economical rate for procurement is three ships per year;

and (3) direct the Secretary to update the Arleigh Burke (DDG–51)

Class Industrial Base Study of 1993 and further direct the Comptroller General to review the update performed by the Secretary.

The House recedes with an amendment that would authorize

an increase of $100.0 million in advance procurement for DDG–51.

Virginia class submarine program (sec. 123)

The budget request included $1,711.2 million for the Virginia

class submarine program including the procurement of material in

economic order quantities when cost savings are achievable.

The House bill contained a provision (sec. 122) that would authorize the Navy to enter into a contract for the procurement of

five Virginia class submarines during fiscal years 2003 through

2006.

The Senate amendment contained a similar provision (sec. 123)

which would authorize the budget request and would require the

Secretary of Defense to submit a fast attack submarine force structure report to the congressional defense committees.

The House recedes with an amendment that would authorize

$1,706.2 million for Virginia class submarines, including the procurement of material in economic order quantities when cost savings are achievable.

Limitation during fiscal year 2001 on changes in submarine force

structure (sec. 124)

The House bill contained a provision (sec. 121) that would prohibit the retirement of any Los Angeles-class nuclear powered attack submarine with less than 30 years of active commissioned

service. This provision would also require the President to report

to Congress on the submarine force structure required to support

the national military strategy and the acquisition and overhaul requirements necessary to achieve and maintain such a force.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit to fiscal year 2001 the prohibition on retirement of Los Angeles-class

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submarines and would extend the prohibition on fiscal year 2001

retirements to Ohio-class submarines.

ADC(X) ship program (sec. 125)

The Senate amendment contained a provision (sec. 124) that

would authorize the Secretary of the Navy to procure ADC(X)-class

ships using the contracting authority that is most cost effective.

The House bill contained no similar provision.

The House recedes with a technical amendment.

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

Eisenhower (sec. 126)

The budget request included $703.4 million to commence the

overhaul of CVN–69.

The House bill would authorize the budget request.

The Senate amendment contained a provision (sec. 125) that

would authorize the budget request and authorize the Secretary of

the Navy to enter into a contract and commence overhaul of the

U.S.S. Dwight D. Eisenhower (CVN–69) nuclear aircraft carrier

during fiscal year 2001.

The House recedes with an amendment that would authorize

$698.4 million for CVN–69 overhaul.

Analysis of certain shipbuilding programs (sec. 127)

The House bill contained a provision (sec. 125) that would require an economic analysis of procurement mechanisms for funding

large aviation-capable naval vessels.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would broaden

the reporting requirement to include various vessel classes and additional considerations other than economic issues in evaluating

funding mechanisms.

Helicopter support of FFG–7 frigates during fiscal year 2001 (sec.

128)

The House bill contained a provision (sec. 123) that would require the Secretary of the Navy to configure and equip the Naval

Reserve FFG–7 Flight I and II frigates remaining in active service

with the complete organic weapon system for those vessels as specified in the operational requirements document of the Navy and to

retain operational assets integral to the FFG–7 weapons system in

their current locations.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary to operate one squadron of SH–2G aircraft in the Navy

in fiscal year 2001. The conferees direct that the Navy fully man

and equip the SH–2G aircraft in a manner consistent with normal

fleet operations.

V–22 cockpit aircraft voice and flight data recorders (sec. 129)

The House bill contained a provision (sec. 1037) that would require the Secretary of Defense to require all V–22 aircraft to be

equipped with state-of-the-art cockpit voice and flight data recorders.

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The Senate amendment contained no similar provision.

The Senate recedes.

The conferees recommend that appropriate measures be taken

to ensure that the design, integration, and use of these recorders

take into account the security of potentially sensitive tactical information.

Subtitle D—Air Force Programs

Annual Report on the B–2 bomber (sec. 131)

The House bill contained a provision (sec. 131) that would require the Secretary of Defense to provide an annual report on the

operational status and technology insertion plans for the B–2

bomber and would repeal the requirement for an annual report on

B–2 production contained in section 112 of the National Defense

Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–

189).

The Senate amendment contained a provision (sec. 131) that

would repeal the requirement for an annual report on B–2 production contained in section 112 of the National Defense Authorization

Act for Fiscal Years 1990 and 1991.

The Senate recedes with an amendment that would require the

Secretary of Defense to provide an annual report on: (1) the capability of the B–2 bomber to carry out assigned missions; (2) ongoing

and planned technology efforts to improve B–2 capabilities; (3) new

technologies to meet any expanded threats; and (4) a fiscallyphased program for each of these technology efforts in three funding scenarios. The funding scenarios include the President’s budget,

the President’s budget plus funding for the Department of Defense

unfunded priority list, and maximum executable funding consistent

with the need to maintain the B–2 in an operationally ready status. The provision would also repeal the requirement for an annual

report on B–2 production contained in section 112 of the National

Defense Authorization Act for Fiscal Years 1990 and 1991.

Report on modernization of Air National Guard F–16A units (sec.

132)

The Senate amendment contained a provision (sec. 1070) that

would express the sense of the Senate that certain Air National

Guard units were flying F–16A aircraft without the upgrades that

would allow them to be effectively deployed to contingency theaters

of operation, and that the Air Force should provide a plan to Congress on how these units could be modernized.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of the Air Force to submit a report to Congress on how

Air National Guard units flying F–16A aircraft will be modernized

and upgraded.

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Subtitle E—Joint Programs

Study of final assembly and checkout alternatives for the joint strike

fighter program (sec. 141)

The House bill contained a provision (sec. 141) that would require the Secretary of Defense to provide a report on various production alternatives for the joint strike fighter.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would defer submission of the report until after the ongoing competition for the engineering and manufacturing development phase of the joint strike

fighter program is completed.

Subtitle F—Chemical Demilitarization

Pueblo Chemical Depot chemical agent ammunitions destruction

technologies (sec. 151)

The Senate amendment contained a provision (sec. 141) that

would provide for the destruction of the stockpile of lethal chemical

agents at the Pueblo Chemical Depot, Colorado, either by incineration or by any technology demonstrated by the Assembled Chemical Weapons Assessment on, or before, May 1, 2000.

The House bill contained no similar provision.

The House recedes.

Report on assessment of need for Federal economic assistance for

communities impacted by chemical demilitarization activities

(sec. 152)

The conferees agree to include a provision that would direct

the Secretary of Defense to submit, by April 1, 2001, a report to

the Armed Services Committees of the Senate and the House of

Representatives on the assessment of the need for community economic assistance as a result of chemical weapons stockpile demilitarization activities.

Prohibition against disposal of non-stockpile chemical warfare material at Anniston chemical stockpile disposal facility (sec. 153)

The conferees note that Section 141 of the National Defense

Authorization Act for Fiscal Year 2000 (Public Law 106–65) authorized the destruction of non-stockpile chemical agents, munitions, or

related materials specifically designated by the Secretary of Defense at chemical stockpile disposal facilities if the states in which

those facilities reside have issued the appropriate permits.

The conferees agree to a provision that would prohibit use of

the chemical stockpile disposal facility at Anniston, Alabama, for

disposal of non-stockpile chemical warfare material that is not currently stored on the Anniston Army Depot.

LEGISLATIVE PROVISIONS NOT ADOPTED

AGM–65 modifications

The budget request included $2.0 million to convert 200 AGM–

65G missiles to the AGM–65K configuration.

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The House bill would authorize an increase of $5.0 million for

the conversion to both the AGM–65H and K configurations, of

which some missiles would be procured for Air National Guard

pilot training.

The Senate amendment contained a provision (sec. 132) that would authorize an increase of $2.1 million for AGM–65 modifications.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $4.0 million for AGM–65 modifications, a total authorization of $6.0 million for the

active and reserve components.

Anti-personnel obstacle breaching system

The Senate amendment contained a provision (sec. 127) that would provide $4.0 million for the procurement of the anti-personnel obstacle breaching system.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize $4.0 million in the Procurement Marine Corps Ammunition account for the purchase of the

anti-personnel obstacle breaching system.

C–135 modifications

The budget request included $328.2 million for C–135 modifications.

The House bill contained a provision (sec. 132) that would au- thorize an increase of $52.0 million for reengining two KC–135 aircraft for the Air Force Reserve Command. The House bill would

also authorize an increase of $6.0 million for the situational awareness data link (SADL).

The Senate amendment contained no similar provision, and

would authorize the budget request.

The House recedes on the provision.

The conferees agree to authorize an increase of $52.0 million

for reengining two KC–135 aircraft for the Air Force Reserve Command, a total authorization of $380.2 million for C–135 modifications.

Integrated bridge system for Naval systems special warfare rigid inflatable boats and high-speed assault craft

The Senate amendment contained a provision (sec. 142) that

would authorize an increase of $7.0 million in Procurement, Defense-wide for the purpose of procuring and installing an integrated

bridge system (IBS) for Special Operations Forces (SOF), Naval

special warfare rigid inflatable boats and high-speed assault craft.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $4.0 million in

Procurement, Defense-wide, SOF combatant craft systems for the

procurement and installation of IBS on SOF combatant watercraft.

Rapid intravenous infusion pumps

The budget request included no funding for rapid intravenous

infusion pumps.

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The House bill included an increase of $8.0 million to procure

rapid intravenous infusion pumps.

The Senate amendment contained a provision (sec. 113) that would authorize an increase of $6.0 million to procure rapid intravenous infusion pumps.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $5.0 million for

rapid intravenous infusion pumps.

Remanufactured AV–8B aircraft

The budget request included $282.1 million for the procurement of 10 remanufactured AV–8B aircraft.

The House bill would authorize the budget request.

The Senate amendment contained a provision (sec. 126) that would authorize an increase of $92.0 million for the procurement

of four AV–8B aircraft.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $35.6 million

for AV–8B aircraft, as follows:

(1) an increase of $52.0 million for the procurement of two

additional remanufactured AV–8B aircraft;

(2) a decrease of $12.0 million for non-recurring cost; and

(3) a decrease of $4.4 million for cost growth in production

engineering support.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Research, Development, Test, and Evaluation Overview

The budget request for fiscal year 2001 contained an authorization of $37,862.4 million for Research and Development in the Department of Defense.

The House bill would authorize $39,309.2 million.

The Senate amendment would authorize $39,330.8 million.

The conferees recommended an authorization of $38,936.7 million. The conference agreement reflects reductions reflected in the

fiscal year 2001 Department of Defense Appropriations Act (Public

Law 106–259). Unless noted explicitly in the statement of managers, all changes are made without prejudice.

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Overview

The budget request for fiscal year 2001 contained an authorization of $5,260.3 million for Army, Research and Development in the

Department of Defense.

The House bill would authorize $5,500.2 million.

The Senate amendment would authorize $5,501.4 million.

The conferees recommended an authorization of $5,568.5 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Tactical High Energy Laser

The budget request included no funding to complete development and testing of the Tactical High Energy Laser (THEL) program.The House bill would authorize $5.0 million in PE 63308A for

mobile THEL development. The Senate amendment would authorize $15.0 million in PE

63308A to support continued THEL testing and deployment preparation activities.

The conferees agree to authorize $15.0 million in PE 63308A

to support continued THEL development and testing.

The conferees note that the current THEL configuration lacks

the mobility to be a truly effective operational system. Therefore,

the conferees agree that, of the funds authorized to be appropriated

for THEL, up to $5.0 million may be made available to evaluate

and develop technologies that would support eventual development

of a mobile THEL system.

Emergency preparedness training

The budget request included no funding in PE 23610A for domestic preparedness against weapons of mass destruction. The House bill would authorize an increase of $3.0 million in

PE 23610A to continue the development for Selected Reserve component forces of training programs for response to, and management of, the consequences of potential terrorism involving weapons

of mass destruction.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $3.0 million in

PE 23610A.

High energy laser research and development

The budget request included no funding in defense-wide

science and technology accounts for high energy laser (HEL) research and development, no funding in PE 62307A for solid state

laser research, $10.5 million in PE 62605F for solid state laser research, no funding in the Navy science and technology accounts for

solid state laser research, no funding in PE 62111N for free electron laser (FEL) research, and $14.5 million in PE 65803A for the

High Energy Laser System Test Facility (HELSTF).

The House bill included approval of the Department of Defense

Laser Master Plan of March 24, 2000, and emphasized greater attention to, and priority for, HEL research and development (R&D)

investments. Consequently, the House bill would authorize $10.0

million in PE 61108D and $25.0 million in PE 62890D8Z for HEL

research and development, an increase of $10.0 million in PE

62307A for solid state laser research, the budget request in PE

62605F, an increase of $5.0 million in PE 62111N for FEL development, and an increase of $5.0 million in PE 65803A for research

and development activities at HELSTF.

The Senate bill would authorize the budget request in PE

62307A, the budget request in PE 65803A for HELSTF, an increase

of $5.0 million in PE 62111N for FEL development, the budget request in PE 62605F, and no funding in defense-wide science and

technology accounts for HEL research and development. As deVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00690 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.210 pfrm03 PsN: HR945
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scribed elsewhere in this report, the Senate bill also included approval of the Department of Defense Laser Master plan. The conferees agree to authorize $30.0 million in PE 62890D8Z

for HEL research and development, the budget request in PE

62307A, the budget request in PE 62605F, an increase of $5.0 million in PE 62111N for FEL development, an increase of $13.0 million in PE 65803A at HELSTF, of which $10.0 million is for solid

state laser research and $3.0 million is for research and development activity at HELSTF. The conferees, as described elsewhere in

this report, endorse the implementation of the management plan

developed by the Secretary of Defense and submitted to Congress

on March 24, 2000. The conferees continue to support service management of laser programs, but recognize the central role of the Office of the Secretary of Defense in developing and implementing an

overall strategy to manage laser research effectively.

Funding actions related to the Tactical High Energy Laser, the

Airborne Laser, and Space Based Laser are described elsewhere in

this report.

Advanced tank armament system

The budget request included $118.1 million for advanced tank

armament system research and development requirements.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $40.0

million to support Army transformation initiative test and evaluation requirements. The conferees agree to authorize an increase of $150.0 million

for Army transformation research and development requirements.

Defense manufacturing technology program

The budget request contained a total of $149.1 million for the

Department of Defense manufacturing technology (ManTech) program, including $29.3 million in PE 78045A for the Army ManTech

program, $59.6 million in PE 78011N for the Navy program, $53.1

million in PE 78011F for the Air Force program, and $7.1 million

in PE 78011S for the Defense Logistics Agency’s ManTech program.

The House bill would authorize an increase of $10.0 in PE

78045A for the Army manufacturing technology program, an increase of 10.0 million for the Navy ManTech program, and an increase of $4.5 million in PE 78011F in the Air Force program.

The Senate would authorize the budget request.

The conferees agree to authorize an increase of $10.0 million

in PE 78045A for the Army ManTech program, an increase of $10.0

million in PE 78011N for the Navy ManTech program, and an increase of $3.8 million in PE 78011F for the Air Force ManTech program, as recommended in the House report accompanying H.R.

4205 (H. Rept. 106–616).

Section 217 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) established as the overall purpose of the Department of Defense ManTech program the development and application of advanced manufacturing technologies and

processes to reduce acquisition and support costs, and manufacturing and repair cycle times for defense weapons systems. Section

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217 emphasized the program’s focus on the development and application of advanced manufacturing technology and processes that

are essential to national defense, including repair and re-manufacturing operations, in support of systems commands, depots, air logistics centers, and shipyards. Section 217 also required the participation of the prospective users of the technology in the establishment of requirements for, and the periodic review of advanced

manufacturing technologies or processes. Finally, Section 217 also

included the requirement for an assessment of program effectiveness, cost sharing, and technology and process implementation

plans in the annual update of the program’s five-year plan. In the

statement of managers accompanying the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (H. Rept.

105–736), the conferees expressed the expectation that additional

funds provided for the manufacturing technology program would be

awarded using competitive procedures established by the military

departments for their respective manufacturing technology programs.

The conferees direct the Comptroller General to conduct an assessment of the implementation of the manufacturing technology

program within the Department of Defense with regard to the

achievement of the goals established for the program and execution

of the program in accordance with the provisions of the public law

and the intent of Congress, as stated in the statement of manager’s

language with regard to competitive award procedures. The conferees direct the Comptroller General to submit the results of that

assessment to the congressional defense committees by March 31,

2001.

Overview

The budget request for fiscal year 2001 contained an authoriza- tion of $8,476.7 million for Navy, Research and Development in the

Department of Defense. The House bill would authorize $8,834.5 million.

The Senate amendment would authorize $8,665.9 million.

The conferees recommended an authorization of $8,715.3 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Biodegradable polymers

The budget request included no funding for biodegradable polymers (PE 62121N).

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $1.25

million in PE 62121N to aid in the development of polymer membrane methods for treating graywater (kitchen, shower, and cleaning solution), blackwater (sewage), and bilge water (oily contaminants) to acceptable levels prior to shipboard release.

The conferees agree to authorize an increase of $1.25 million

in PE 62121N for biodegradable polymers.

Torpedoes and unmanned undersea vehicles

The budget request included $35.0 million in PE 62633N for

undersea warfare weapons technology development.

The House bill and the Senate amendment would authorize the

budget request for improvements to torpedoes and unmanned undersea vehicles.

The conferees agree to an increase of $2.0 million in PE

62633N for development of improvements for current and future

torpedoes and unmanned undersea vehicles.

DP–2 thrust vectoring system proof-of-concept demonstration

The budget request included $39.7 million in PE 63217N for

air systems and weapons advanced technology development and

$9.0 million for NATO research and development. The budget request did not include funds for continuation of the DP–2 thrust

vectoring system proof-of-concept demonstration. The budget request did include $6.4 million for the vectoring extremely short

takeoff and landing (ESTOL) control tailless operation research

(VECTOR) program, an international cooperative research program

between the United States and the Federal Republic of Germany,

as follows: $4.1 million in PE 63217N and $2.3 million in PE

63790N.

The House bill would authorize an increase of $9.5 million in

PE 63217N to continue the DP–2 development program leading to

a proof-of-concept demonstration of a one-half scale flight test vehicle.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $4.5 million for

DP–2 demonstration in PE 63790N.

The conferees direct the Secretary of the Navy to provide an

assessment of the program progress, plans and funding requirements for completion of the flight-test demonstration to the congressional defense committees with the submission of the fiscal

year 2002 budget request.

The conferees are aware that a funding shortfall has developed

in the VECTOR program. Given the cooperative nature of this program, along with the substantial benefits to future carrier aviation

development, the conferees urge the Secretary of the Navy to review the program funding deficiencies and, if necessary, request a

reprogramming action.

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Virtual test bed for reconfigurable ship

The budget request included no funding for a virtual test bed

for a reconfigurable ship.

The House bill would authorize an increase of $3.0 million in

PE 63508N for a virtual test bed for advanced electrical ship systems.

The Senate amendment would authorize an increase of $2.0

million in PE 63508N for a virtual test bed for a reconfigurable

ship.

The conferees agree to authorize an increase of $2.0 million in

PE 63508N for a virtual test bed for a reconfigurable ship, as recommended in the House report accompanying H.R. 4205 (H. Rept.

106–616) and the Senate report accompanying S. 2549 (S. Rept.

106–292).

Fleet health technology and occupational lung disease

The budget request included $10.1 million in PE 63706N for

medical development, including $4.8 million for the fleet health

technology program.

The House bill would authorize an increase of $3.0 million in

PE 63706N, including $500,000 to establish an occupational lung

disease assessment program to determine if the incidence of sarcoidosis among naval personnel could be attributable to service

aboard Navy ships. The House bill also noted and expressed concern about the reduction in the Department of the Navy’s fleet

health technology program from previous years’ funding levels and

in the priority given to the medical and occupational health and

safety of Navy and Marine Corps personnel.

The Senate amendment would authorize the budget request.

The conferees note that recent developments of immune therapies by investigators at the Naval Medical Research Center have

been shown to prevent the rejection of transplants without the

need for continuous immunosuppressive drugs. The ability to transplant massive tissue segments without rejection could revolutionize

the treatment of combat casualties who suffer significant tissue

loss or organ damage from blast, missile fragments, or burns. Results obtained from testing in the laboratory show promise and the

Chief of Naval Research has initiated a program to capitalize on

these newly developed methods of treatment. The conferees believe

that the further development of these therapies and confirmation

of these therapies in definitive clinical trials could have profound

effects upon the treatment of combat casualties and of civilians

with organ failure.

The conferees agree to authorize an increase of $3.0 million in

PE 63706N for fleet health technology for the Navy’s program for

the development of new immune strategies and procedures for tissue transplantation for the treatment of combat casualties with

massive tissue loss.

The conferees also agree to authorize an increase of $500,000

in PE 63738D for the conduct of the occupational lung disease assessment as discussed in the House report accompanying H.R. 4205

(H. Rept. 106–616).

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Common towed array

The budget request included $113.3 million in PE 63561N for advanced submarine systems development, including $4.5 million

for the development of advanced towed array technology for submarines and surface ships. The House bill would authorize an increase of $10.2 million in

PE 63561N to accelerate the development and demonstration of advanced towed array systems for surface ships and submarines. The

House report accompanying H.R. 4205 (H. Rept. 106–616) indicated

that these additional funds were to be particularly focused on developing multiple-line and fiber optic affordable towed array technology that could result in high gain, volumetric towed arrays with

significantly improved sonar system performance for both submarines and surface vessels.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $6.0 million in

PE 63561N to accelerate the development and demonstration of advanced towed array systems for surface ships and submarines. The

conferees agree that these funds are not being designated for a specific program effort or contractor program, but that the Navy

should use the additional funds to continue the efforts as described

in the House report accompanying H.R. 4205 (H. Rept. 106–616).

Advanced land attack missile

The budget request included $19.8 million for research and development of the advanced land attack missile (ALAM) in PE

63795N.

The House bill and the Senate amendment would authorize the

budget request.

The conferees note that the House report accompanying H.R.

1401 (H. Rept. 106–162) directed the Secretary of the Navy to report to the congressional defense committees the program plan and

funding requirements for development of an advanced land attack

missile (ALAM) system for the DD–21 land attack destroyer and

other Naval combatants with the submission of the fiscal year 2001

budget request. The conferees also note the letter from the Under

Secretary of Defense (Acquisition and Technology) to the Chairman, House Armed Services Committee, dated August 25, 1999,

which stated that the Navy would pursue a multi-team industry

competition for development of ALAM, and the Milestone 0 Acquisition Decision Memorandum, dated February 22, 2000, that designated the ALAM as a major defense acquisition program. The

conferees further note that the Navy’s ALAM program plan and

funding included in the fiscal year 2001 budget request provide for

completion of an ALAM analysis of alternatives and entry into the

program risk and reduction phase in fiscal year 2001, competition

and early prototyping by three to four contractors leading to an

ALAM down-select/‘‘fly-off’’ by the end of fiscal year 2003, engineering and manufacturing development, initial procurement, and delivery of the ALAM system to the fleet in early fiscal year 2009 for

the DD–21 Zumwalt-class destroyer.

The conferees agree to authorize a decrease of $10.8 million in

PE 63795N for ALAM based on information made available to the

conferees subsequent to passage of the House bill and the Senate

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amendment. The conferees place a high priority on completing the

analysis of alternatives to determine the appropriate course of action for providing Naval fire support. The conferees direct the Secretary of the Navy to report to the congressional defense committees concurrent with the submission of the fiscal year 2002 budget

request on recommended revisions to the ALAM program plan and

the funding required to deploy a system as soon as technically feasible.

Joint strike fighter

The budget request included $131.6 million in PE 63800N and

$129.5 million in PE 63800F to complete the demonstration and

validation (DEMVAL) phase for the joint strike fighter (JSF) program. The budget request also included $296.0 million in PE

64800N and $299.5 million in PE 64800F to initiate the engineering and manufacturing development (EMD) phase for the JSF.

The House bill would authorize the budget request and contained several provisions related to JSF discussed elsewhere in this

conference agreement.

The Senate amendment would authorize an increase of $212.1

million in PE 63800N and an increase of $212.1 million in PE

63800F to extend the DEMVAL phase. The Senate amendment

would also authorize a decrease of all funding requested for the

EMD phase, $296.0 million in PE 64800N and $299.5 million in PE

64800F, due to slips in program schedule. The Senate amendment

contained a JSF provision discussed elsewhere in this conference

agreement.

The conferees agree to authorize an overall decrease of $168.0

million in the JSF program, as follows:

(1) an increase of $111.5 million in PE 63800N;

(2) an increase of $113.5 million in PE 63800F;

(3) a decrease of $194.7 million in PE 64800N; and

(4) a decrease of $198.3 million in PE 64800F.

The conferees remain concerned about the readiness of the JSF

program to enter the EMD phase, and note that significant delays

in the schedule, particularly the flight program for the short takeoff, vertical landing (STOVL) variant of the JSF, further increase

the technical risk for entry into the EMD phase. A JSF provision

discussed elsewhere in this conference agreement addresses conferee concerns surrounding the technical risk of premature entry

into EMD.

The conferees are also concerned about the apparent pattern of

additional contractor funding required to sustain the current

DEMVAL activities of the program. Since the JSF program is potentially one of the largest acquisition programs in the Department

of Defense, both competing contractors in this winner-take-all competition realize the significance of winner selection. However, the

conferees are opposed to the requirement for industry to make additional, unreimbursed investments in the JSF program beyond existing contractual agreements. The conferees view the additional

DEMVAL funding as necessary to provide for the execution of those

projects presented in the budget request on the extended schedule.

The conferees expect that risk mitigation projects, including the alVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00707 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.213 pfrm03 PsN: HR945
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ternate engine, will be funded to the levels presented in the budget

request.

Nonlethal research and technologies

The budget request included no funding for nonlethal research

and technologies in PE 63851M.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $8.0

million for nonlethal research and technologies in PE 63851M.

The conferees agree to authorize an increase of $4.0 million in

PE 63851M. Of the increased amount, $2.0 million will be used to

develop a program in nonlethal environmental effects and remediation as recommended in the Senate report accompanying S. 2549

(S. Rept. 106–292).

Power node control centers

The budget request included no funding for power node control

centers (PNCC) for integrating shipboard power functions such as

switching, conversion, distribution, and system operation and protection.

The House bill would authorize an increase of $3.0 million in

PE 63508N for PNCC.

The Senate amendment would authorize an increase of $3.0

million in PE 64300N for PNCC.

The conferees agree to authorize an increase of $3.0 million in

PE 64300N for PNCC.

Advanced food service technology

The budget request included no funding for research and development of technologies that could lead to manpower reductions resulting from altering food service operations on ships.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $2.0

million in PE 64300N for advanced food service technology testing.

The conferees agree to authorize an increase of $2.0 million in

PE 64307N for advanced food service technology testing.

F–14 tactical reconnaissance

The budget request included $1.2 million for operational systems development of the F–14 aircraft.

The House bill would authorize an increase of $7.0 million in

aircraft procurement for the integration and demonstration of a

commercial synthetic aperture radar (SAR) in the F–14 tactical airborne reconnaissance pod system (TARPS). This demonstration was

intended to mitigate the risk associated with the development of a

SAR capability for the shared airborne reconnaissance program

(SHARP).

The Senate amendment would authorize an increase of $9.0

million in PE 25667N for a similar purpose.

The conferees agree to authorize an increase of $9.0 million in

PE 25677N to demonstrate the military utility of a tactical SAR reconnaissance capability by modifying and integrating non-developmental SAR technology into the F–14 TARPS.

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The conferees note that this effort is specifically intended to

mitigate the risk associated with providing an all-weather capability for SHARP. The conferees agree that these funds are not

being designated for a specific contractor’s program. The conferees

also agree that, if the technology proves attractive during the risk

mitigation program, the Navy should select SAR technology for the

SHARP application using appropriate competitive procedures.

Marine Corps ground combat/supporting arms systems

The budget request included $22.1 million for Marine Corps

ground combat and supporting arms systems research and development requirements. The House bill would authorize an increase of $17.3 million in

PE 63635M to support efforts by the Marine Corps to evaluate the

potential that the high mobility artillery rocket system (HIMARS)

might have to meet critical Marine Corps fire support requirements.

The Senate amendment would authorize an identical increase.

The conferees agree to authorize an increase of $17.3 million

in PE 26623M to support Marine Corps plans to evaluate the ability of HIMARS to address deficiencies in organic fire support for

Marine Corps forces ashore.

Tactical unmanned aerial vehicles

The budget request included $113.1 million for tactical unmanned aerial vehicles (TUAVs).

The House bill would authorize an increase of $1.0 million for

the joint operational test bed (JOTB), and an increase of $7.0 million for TUAV multi-function, self-aligned gate array (MSAG) technology.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $1.0 million for the JOTB and an increase of $7.0 million for TUAV MSAG technology, a total authorization of $121.1 million in PE 35204N.

The conferees note that the Joint Forces Command is tasked

with ensuring interoperability among military forces. The conferees

are aware that the Joint Requirements Oversight Council endorsed

the tactical control system (TCS) to provide this interoperability

among unmmanned aerial vehicles (UAVs), and that the Joint

Forces Command has recently established the JOTB to develop this

capability, using a TCS and two Predator UAVs. The conferees

strongly support UAV interoperability, the establishment of the

JOTB, and the use of TCS and Predator UAVs to achieve this goal.

The conferees are also encouraged by results of MSAG antenna

technology testing, and reaffirm their support for the ongoing

MSAG advanced concept technology demonstration (ACTD). The

JROC approved this ACTD based on the recommendation of the

operational commanders in chief, who rated the MSAG effort number one of twelve candidates. The conferees are aware that the

Navy may consider withdrawing its sponsorship of the ACTD. The

conferees believe that the MSAG ACTD program should move forward. The conferees direct the Secretary of Defense to ensure that

no change in the ACTD content or schedule will be effected by a

change in sponsorship of the program.

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Overview

The budget request for fiscal year 2001 contained an authorization of $13,685.6 million for Air Force, Research and Development

in the Department of Defense.

The House bill would authorize $13,677.1 million.

The Senate amendment would authorize $13,897.3 million.

The conferees recommended an authorization of $13,779.1 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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XSS–10 micro-satellite technology demonstration

The budget request included no funding to complete and

launch the XSS–10 micro-satellite technology demonstration.

The House bill would authorize the budget request.

The Senate amendment would authorize $12.0 million in PE

63401F to complete, launch, and operate the XSS–10 technology

demonstration satellite.

The conferees agree to authorize $8.0 million in PE 62602F to

complete the XSS–10 technology demonstration satellite. The conferees are aware that additional funds may be required to fully

fund the launch and operation of the XSS–10. Therefore, the conferees direct the Secretary of the Air Force to reallocate the funds

to complete the XSS–10 satellite and support its launch and operation from within funds authorized to be appropriated in PE

62601F and PE 63401F, as necessary.

Specialty aerospace metals

The budget request included $72.8 million for PE 62102F for applied research, $21.7 million in PE 63112F for advanced development of materials technologies for aerospace systems, and $53.1

million in PE 78011F for the Air Force’s manufacturing technology

program. The budget request included $57.7 million in 62601F for

space technology. The House bill would authorize a total increase of $15.0 million

as follows: $5.25 million in PE 62102F; $5.25 million in PE 63112F;

and $4.5 million in PE 78011F to establish an integrated program

for the development and demonstration of special aerospace materials and materials manufacturing processes. The House bill would

also encourage the Secretary of the Air Force to establish a continuing program for special aerospace metals and alloys as an integral part of the Air Force’s science and technology and manufacturing technology programs. The Senate amendment would authorize an increase of $3.0

million in PE 62601F for the aluminum aerostructures initiative.

The conferees agree to authorize an increase of $1.8 million in

PE 62601F for the aluminum aerostructures and an increase of

$12.8 million for aerospace specialty metals, of which $1.2 million

would be used for the aluminum aerostructures initiative. The

$12.8 million would be distributed as follows: $4.5 million in PE

62102F; $4.5 million in PE 63112F; and, $3.8 million in PE

78011F.

The conferees note the continuing need for advances in special

aerospace metals and metal alloys for aircraft and space vehicle

structures, propulsion, components, and weapon systems. Both the

Navy and the Air Force are seeking access to materials that are

lightweight, high strength, high performance, and capable of withstanding the stressing environments that are experienced by aerospace systems, and for the development and optimization of manufacturing processes for these materials. The conferees support the

Air Force’s efforts to develop and demonstrate a methodology for

producing advanced aluminum aerostructures generating improved

affordability, maintainability, and enhanced performance of current

and future Air Force systems within the Advanced Aluminum

Aerostructures initiative.

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The conferees request that the Secretary of the Air Force assess requirements for advanced special aerospace metals and alloys

and to report to the congressional defense committees on the plan

for meeting those requirements with the submission of the fiscal

year 2002 budget request.

Space-based radar

The budget request included $129.0 million for the Discoverer

II space-based radar (SBR) program.

The House bill would authorize the budget request.

The Senate amendment would authorize the budget request.

The conferees agree to authorize $30.0 million for continued

SBR risk reduction and technology development.

The conferees strongly support an effort to develop the technologies and operational concepts that could enable deployment of

an SBR system to perform ground moving target indications

(GMTI), digital terrain elevation data (DTED) collection, and synthetic aperture radar (SAR) imaging. The conferees believe that

such a system may offer a cost-effective way to provide valuable

new technical capabilities while complementing, and perhaps replacing, the capabilities of other existing systems. The conferees believe that the Secretary of Defense should evaluate options for

eventual development and deployment of an operational SBR system. In addition, the conferees believe that the Air Force, U.S.

Space Command, the Defense Advanced Research Projects Agency,

and the National Reconnaissance Office should continue to work together to mature the necessary technologies, conduct an analysis of

alternatives, and develop operational concepts to provide better information for this evaluation and to support a potential deployment.

Therefore, the conferees direct the Secretary of Defense to prepare an SBR roadmap to guide this overall effort. The roadmap

should address several concerns: (1) the operational requirements

for space-based GMTI, DTED, and SAR capabilities; (2) the relationship of an SBR system to other current and planned air and

space-based assets that might provide such capabilities; (3) the

technologies needed to enable an affordable and operationally effective SBR system; and (4) if a requirement for an SBR system is established, whether a space-based technology demonstrator would

be cost-beneficial prior to an SBR system acquisition. The conferees

direct the Secretary to submit a report to the congressional defense

committees on the SBR roadmap by May 1, 2001.

Space maneuver vehicle

The budget request included no funding for the Space Maneuver Vehicle (SMV).

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $15.0

million in PE 63401F for the SMV program.

The conferees agree to authorize an increase of $6.5 million in

PE 63401F for acquisition of the ‘‘second tail number’’ X–40B demonstrator.

The conferees note that SMV development has been funded

through congressional increases and are disappointed at the failure

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of the Secretary of the Air Force to request funding or provide efficient management for this program, notwithstanding repeated

statements by Air Force and U.S. Space Command leaders indicating the importance of this program. The conferees urge the Air

Force to request funding in future budget requests to support expeditious development.

The conferees also note that the full benefit of the Military

Spaceplane concept, including the SMV, will not be realized without a low-cost reusable lower stage booster. The conferees direct

the Secretary of the Air Force to provide a report to the congressional defense committees by April 1, 2001, on concepts, critical development paths, and applications for such a booster, and how it

could fit into an overall Military Spaceplane system.

Space Based Laser program

The budget request included $137.7 million for the Space Based Laser (SBL) program, $63.2 million in the Air Force budget

and $74.5 million in the Ballistic Missile Defense Organization

budget.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $30.0

million in PE 63876F to support acceleration of the SBL Integrated

Flight Experiment (IFX) and the SBL integrated test facility. The conferees agree to authorize an increase of $10.0 million

in PE 63876F to support acceleration of the IFX and the integrated

test facility.

Electronic warfare development

The budget request included $58.2 million in PE 64270F for

electronic warfare development. The House bill would authorize an increase of $17.7 million in

PE 64270F to continue development of the precision location and

identification (PLAID) program, and an increase of $7.0 million in

PE 64270F to increase the suitability of the miniature air-launched

decoy (MALD) for operational use.

The Senate amendment contained a provision (sec. 226) that

would authorize an increase of $8.0 million in PE 64270F for continued development of PLAID.

The Senate recedes on the provision.

The conferees agree to authorize a decrease of $8.6 million in

PE 64270F, a total authorization of $49.6 million in electronic warfare development, as follows:

(1) an increase of $10.0 million for PLAID;

(2) an increase of $1.2 million for MALD; and

(3) a decrease of $19.8 million to reflect reapplication of

prior year funds available due to Air Force withdrawal from

the common missile warning system (CMWS) program.

Satellite control network

The budget request included $58.6 million in PE 35110F for

satellite control network research and development.

The House bill would authorize the budget request and would

require that $1.5 million be used for the Space Battlelab to evaluate the utility of commercial antenna networks for satellite control.

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The Senate amendment would authorize the budget request.

The conferees agree to authorize the budget request without

the restriction contained in the House bill.

The conferees direct the Secretary of the Air Force to conduct

an evaluation of commercial technologies and services relevant to

modernization of the satellite control network. The conferees believe that commercial technology may offer significant possibilities

for modernizing the network, including its antennas, in a cost effective manner. The conferees direct the Secretary of the Air Force to

submit a report on his evaluation to the congressional defense committees by April 1, 2001.

Manned reconnaissance systems

The budget request included no funding in PE 35207F for

manned reconnaissance systems. The House bill would authorize an increase of $2.0 million to

complete a multi-link antenna system demonstration program on

RC–135 aircraft.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $9.5 million to

demonstrate the potential to integrate the data from an offboard

intelligence sensor controlled by RC–135 Combat Sent aircraft into

the Combat Sent processing system. This concept would involve

adapting the expeditionary common automatic recovery system

(ECARS) to control and precisely position the offboard platform to

technically extend the reach of the Combat Sent aircraft into denied areas during a conflict. This concept would also provide for the

safe, unassisted recovery of the offboard sensor. Since this data can

be critical to responding to emerging threats during high intensity

operations, the conferees believe that this effort should be supported.

Overview

The budget request for fiscal year 2001 contained an authorization of $10,238.2 million for Defense-Wide, Research and Development in the Department of Defense.

The House bill would authorize $11,077.8 million.

The Senate amendment would authorize $11,043.1 million.

The conferees recommended an authorization of $10,681.7 million. Unless noted explicitly in the statement of managers, all

changes are made without prejudice.

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Chemical and Biological Defense Program

The budget request included $835.8 million for the Chemical and Biological Defense Program (CBDP), including $473.9 million

for procurement and $361.9 million for research and development. The House bill would authorize an increase of $4.5 million in

PE 61384BP, including $3.0 million for chemical and biological defense basic research and $1.5 million for chemical agent detection

via optical computing; and $5.0 million in PE 62384BP for chemical

and biological defense applied research.

The Senate amendment would authorize increases for the following chemical and biological defense program activities: $2.0 million for chemical agent detection via optical computing and $3.0

million for thin film technology in PE 61384BP; $8.0 million to accelerate development of a light-weight, man portable hybrid sensor

using thin film technology in PE 62384BP; $2.7 million for the

chemical-biological individual sampler, $6.4 million for the consequence management information system, $3.5 million for the

evaluation of advanced materials that contain reactive technologies

to be added to textiles for protection against chemical and biological warfare agents, and $8.5 million for the Small Unit Biological

Detector in PE 63384BP; $2.1 million for a next generation anthrax

vaccine in PE 64384BP; $2.5 million for the procurement of thirteen enhanced nuclear, biological, and chemical (NBC) kits; and

$1.8 million for the procurement of equipment in support of Weapons of Mass Destruction, Civil Support Teams (WMD–CST).

The conferees agree to authorize an increase for the following chemical and biological defense program activities: $6.7 million in

PE 61384BP for chemical and biological defense basic research, including $3.0 million for chemical and biological defense, $2.0 million for chemical agent detection via optical computing, and $1.7

million for thin film technology in PE 61384BP; $4.8 million in PE

62384BP for a hybrid sensor suite using thin film technology; and

$9.55 million in PE 63384BP, including $2.0 million for the chemical and biological individual sampler, $4.0 million for the consequence management information system, $2.8 million for evaluation of advanced materials containing reactive materials that may

be added to textiles for protection against chemical and biological

warfare agents, $750,000 for the small unit biological detector, and

$1.0 million for second generation anthrax vaccine development.

The conferees also agree to authorize increases of $2.5 million for

procurement of NBC Defense Enhancement kits for Marine Expeditionary Units and $900,000 for procurement of equipment for

Weapons of Mass Destruction, Civil Support Teams.

The conferees support initiatives for research, development,

and demonstration of advanced chemical and biological defense

technologies and systems. The conferees note, however, the growing

tendency to fund individual chemical and biological defense projects

directly within the budget accounts of the military services. The

conferees emphasize that this practice violates the intent and purpose of Congress in establishing the consolidated chemical and biological defense program. The conferees direct the Under Secretary

of Defense (Acquisition, Technology, and Logistics) to ensure that

such initiatives compete for funding within the appropriate program elements of the joint chemical and biological defense program

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and the Defense Advanced Research Projects Agency’s biological defense program on the basis of technical merit and the anticipated

ability of the technology or system to meet joint and service unique

needs.

Nuclear sustainment and counterproliferation technologies

The budget request included $230.9 million in PE 62715BR for

nuclear sustainment and counterproliferation technologies, including $60.7 million for weapons effects technologies.

The House bill would authorize an increase of $3.0 million for

thermionics for space powered systems and a decrease of $20.0 million to adjust for program growth in PE 62715BR.

The Senate amendment would authorize the budget request.

The conferees agree to authorize an increase of $2.5 million for

thermionics for space powered systems and a decrease of $21.0 million to adjust for program growth in PE 62715BR.

The conferees note that partnerships between universities, government laboratories, and industry accelerate the testing, development, and fielding of blast mitigation technologies for protection of

U.S. missions and military installations abroad. The conferees

strongly support such partnerships and encourage the Defense

Threat Reduction Agency to continue to provide funding for this

important initiative.

Blast mitigation testing

The budget request included $10.0 million in PE 63122D for

blast mitigation testing.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $3.0

million in PE 63122D for blast mitigation testing.

The conferees agree to authorize an increase of $3.0 million in

PE 63122D to accelerate the testing and certification of blast mitigation effects technology.

The conferees note these funds would allow the Department of

Defense to accelerate the testing and analysis of building components and improve building design standards and guidelines for

use in new construction applications.

Chemical and biological detectors

The budget request included $300,000 in PE 63122D to continue to develop aerogel and fiber optic based technologies for

chemical and biological collector and detector prototypes.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $5.0

million in PE 63122D for aerogel and fiber optic based technologies

for chemical and biological collector and detector prototypes.

The conferees agree to authorize an increase of $3.0 million in

PE 63122D for aerogel and fiber optic based technologies for chemical and biological collector and detector prototypes.

Facial recognition access control technology

The budget request included no funding in PE 63122D for facial recognition access control technology.

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The House bill would authorize an increase of $4.0 million in

PE 63122D for facial recognition access control technology. The Senate amendment would authorize an increase of $2.0

million in PE 63122D for facial recognition access control technology. The conferees agree to authorize an increase of $2.0 million in

PE 63122D for facial recognition access control technology.

The conferees note these funds will be used to further the efforts of the Department of Defense to develop, test and evaluate

this surveillance, identification, and access control technology, and

allow prototype development and testing.

Technologies for detection and transport of pollutants attributable

to live-fire activities

The budget request included $9.0 million for research, development, testing, and evaluation (RDT&E) related to the environmental remediation of unexploded ordnance (UXO), $5.0 million in

PE 63716D for development of UXO technology through the Strategic Environmental Research and Development Program (SERDP)

and $4.0 million in PE 63851D for demonstration/validation

through the Environmental Security Technology Certification Program (ESTCP). The House bill would authorize $3.0 million within SERDP for

the Texas Regional Institute for Environmental Studies (TRIES).

The Senate amendment contained a provision (sec. 222) that would authorize an increase of $5.0 million in SERDP (PE 63716D)

for the development of technologies to map the presence and transport of constituents related to live-fire activities. The Senate

amendment would also authorize an increase of $10.0 million in

ESTCP (PE 63851D) for demonstration/validation of UXO remediation technology.

The Senate recedes on the provision.

The conferees agree to authorize $2.0 million within SERDP

(PE 63716D) for TRIES. The conferees also agree to authorize an

increase of $4.0 million for ESTCP (PE 63851D) and $4.0 million

for SERDP (PE 63716D) to conduct RDT&E activities that will

begin to address the full range of issues associated with the detection and remediation of constituents attributable to military livefire training activities that impact a variety of hydrogeological

areas.

The Department of Defense (DOD) has informed the conferees

that its potential liability for remediation of unexploded ordnance

may exceed $100.0 billion. It is evident to the conferees that increased emphasis in this area is essential.

Specifically, the conferees expect that the increased funding

will be used for the research, development, and demonstration/validation of viable, cost effective technologies to detect, analyze, and

map the presence and transport of live-fire constituents. Demonstration/validation of these technologies shall to the extent practicable be conducted at sites where detection and possible remediation of live-fire constituents is underway. Such efforts will help

the military departments meet the extraordinary environmental

detection and remediation challenges at active, inactive, closed,

transferred, and transferring ranges. Performance measures shall

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be established for all technologies developed with these additional

funds to facilitate implementation and utilization by the DOD.

Weapons of mass destruction attack-effects-response assessment capability at U.S. Joint Forces Command

The budget request included $56.971 million in PE 63832D for

the Joint Wargaming Simulation Management Office.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $5.0

million in PE 63832D for the development and installation of a

weapon of mass destruction attack-effects-response assessment capability for the Joint Task Forces-Civil Support that was recently

established as part of the U.S. Joint Forces Command (USJFCOM).

This program will allow USJFCOM, along with government agencies, state, and local authorities, to model chemical, biological or radiological incidents from the initial detection of the attack and initial effects through the medical response to the incident in an integrated, interoperable manner. The conferees agree to authorize an increase of $3.0 million in

PE 63832D for the development and installation of a weapon of

mass destruction attack-effects-response assessment capability at

USJFCOM.

Ballistic Missile Defense Organization funding and programmatic

guidance

The budget request included approximately $4.5 billion for the

Ballistic Missile Defense Organization (BMDO), including Procurement, Research, Development, Test and Evaluation (RDT&E) and

military construction.

The House bill would authorize an increase of $669.6 million

in RDT&E funding for BMDO, including transfers of funds from

the Air Force for the Space Based Infrared System (SBIRS) Low

and the Airborne Laser Program. The Senate amendment would authorize an increase of $240.0

million in RDT&E funding for BMDO. The conferees agree to authorize an overall increase of $264.1

million for BMDO RDT&E, as specified below. The conferee’s recommendations for BMDO military construction are provided elsewhere in this conference agreement. The conferees’ recommendations regarding the Airborne Laser and SBIRS-Low programs are

also provided elsewhere in this conference agreement.

SUPPORT TECHNOLOGY

The conferees continue to support BMDO’s efforts in the area

of wide bandgap electronic materials and devices. To support this

important technology effort, the conferees recommend an increase

of $2.0 million in PE 62173C and an increase of $10.0 million in

PE 63173C.

The conferees continue to support the Atmospheric Interceptor

Technology (AIT) program to develop advanced interceptor kill vehicle technologies. The conferees recommend an increase of $9.0

million in PE 63173C to support the AIT program.

The conferees have supported BMDO’s efforts to evaluate innovative and low-cost launch technologies. The conferees recommend

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an increase of $6.5 million in PE 63173C to support low cost launch

technology, including the Excalibur concept. The conferees also

agree to authorize an increase of $6.5 million in the Air Force

budget (PE 63401F) for low cost launch, including the Scorpius concept.

The conferees note that the Director of BMDO has identified

a need for additional funding to develop robust adaptive algorithms

to counter evolving and off-nominal ballistic missile threats. The

conferees recommend an increase of $2.8 million in PE 63173C to

support such algorithm development.

The conferees remain concerned that funding for innovative

ballistic missile defense technology projects continues to be insufficient to support BMDO’s future needs. The conferees recommend

that the Director of BMDO identify funds throughout the Future

Years Defense Program sufficient to support a technology program

that hedges against rapidly evolving missile threats.

NATIONAL MISSILE DEFENSE

The budget request included approximately $1.8 billion for the

National Missile Defense (NMD) program, including Procurement

and RDT&E. The conferees note that the Director of BMDO has

identified a number of areas in which additional funds could be utilized to enhance risk reduction and testing activities. The Director

identified $129.0 million in critical risk reduction unfunded requirements. Therefore, the conferees recommend an increase of

$129.0 million in PE 63871C for NMD risk reduction.

The conferees understand that BMDO is considering entering

into a competition for the NMD X-band ground-based radars (GBR)

that would be deployed following the initial deployment of the GBR

site in Alaska. The conferees direct the Director of BMDO to conduct an analysis of the advantages and disadvantages of a competitive approach to follow-on GBR development and deployment, and

provide a report to the congressional defense committees by April

1, 2001. The conferees also agree to authorize an increase of $6.0

million in PE 63871C to support initial technology development

and evaluation for the NMD capability–2 (C–2) radar.

The conferees are concerned by potential delays in the NMD

program associated with the development of the ground-based interceptor (GBI) booster. The conferees believe that BMDO should

evaluate options for reducing technical and schedule risks associated with the GBI, including the development of a backup booster

option involving proven technologies. The conferees direct the Director of BMDO to submit a report to the congressional defense

committees by April 1, 2001, on plans for mitigating the booster

problems.

NAVY THEATER WIDE

The conferees continue to support the Navy Theater Wide

(NTW) program and urge the Secretary of Defense to accelerate

this important program to the extent permitted by the pace of technological development. The conferees agree to authorize an overall

increase of $80.0 million in PE 63868C to accelerate the NTW program and to begin work on an advanced technology kill vehicle. Of

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lion for acceleration of the Standard Missile–3 (SM–3) and to support continuation of NTW radar competition.

The conferees believe that BMDO should immediately begin to

define and develop the necessary technology for the SM–3 block II

kill vehicle. The conferees agree to authorize an increase of $15.0

million in PE 63868C to support the development of advanced

NTW kill vehicle concepts employing light-weight non-toxic

pumped-propulsion and active/passive sensor technology.

The conferees are concerned that the Navy has relied on congressional increases in the NTW program to support development

of radar technologies and systems to support the ballistic missile

defense mission. The conferees note that neither the Navy nor

BMDO has budgeted for Navy missile defense radar requirements,

as identified in the Navy’s radar roadmap. The conferees believe

that acceleration of the NTW program may be problematic unless

these requirements are clearly defined. Such efforts are too important to remain unfunded in upcoming budget requests. The conferees believe that radar upgrades are primarily a Navy responsibility because they must be thoroughly integrated across the range

of Navy missions, and that such upgrades cannot be funded exclusively through BMDO or through congressional increases. The conferees direct the Secretary of Defense to define the appropriate

management and funding responsibilities between the Navy and

BMDO regarding the development and acquisition of radars that

support the Navy ballistic missile defense mission, and to ensure

that appropriate funds are requested to support these activities.

MEDIUM EXTENDED AIR DEFENSE SYSTEM

The budget request included $63.2 million for the Medium Extended Air Defense System (MEADS). The conferees recommend a

decrease of $9.7 million in PE 63869C due to growth in the

MEADS program.

BMD TECHNICAL OPERATIONS

The conferees continue to support BMDO’s effort to develop a

theater missile defense surrogate target based on a liquid fuel engine. The conferees agree to authorize an increase of $2.5 million

in PE 63874C to continue this effort.

The conferees continue to support the Army Space and Missile

Defense Command’s Advanced Research Center (ARC) and agree to

authorize an increase of $6.0 million in PE 63874C in support of

the ARC.

The conferees support BMDO’s efforts to improve missile defense technologies and capabilities against advanced theater ballistic missile threats. One promising area of research is in optical

data and sensor fusion for detection and discrimination of advanced

threats, missile plumes, and penetration aids using advanced

image processing and optical discrimination algorithms. The conferees agree to authorize an increase of $3.0 million in PE 63874C

for BMDO to continue this work.

BMDO has succeeded in employing wide-band information

technologies to link geographically dispersed radar and missile

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cessful flight testing. The conferees believe that this approach can

be used in other areas, including battle management and command, control, communications, and intelligence (C3I). Therefore,

the conferees agree to authorize an increase of $9.0 million in PE

63874C to support continued development of a wide-band information infrastructure for BMDO.

INTERNATIONAL COOPERATIVE PROGRAMS

The budget request included $117.0 million for BMDO International Cooperative Programs, including $81.2 million for Israeli

Cooperative Projects and $35.8 million for the Russian-American

Observation Satellites (RAMOS) program.

The conferees acknowledge that the budget request included

$45.0 million to support continued acquisition of the Arrow Third

Battery. The conferees agree to authorize an increase of $8.0 million in PE 63875C to initiate the Arrow System Improvement Plan.

Defense imagery and mapping program

The budget request included $75.0 million in PE 35102BQ.

The House bill would authorize an increase of $22.0 million in

PE 35102BQ: $4.0 million for Rome Laboratory moving target exploitation efforts; $3.0 million for the National Technology Alliance

and the National Imagery and Mapping Agency (NIMA) Viewer development; and $15.0 million for the Geo-Synthetic Aperture Radar

(GeoSAR) program.

The Senate amendment would authorize an increase of $7.0

million in PE 35102BQ: $5.0 million for the NIMA Viewer; and

$2.0 million for the ‘‘Smart Maps’’ initiative.

The conferees agree to authorize an increase of $20.0 million

in PE 35102BQ: $3.0 million for the development of a Commercial

Mapping and Visualization Toolkit, which includes the NIMA

Viewer concept; $15.0 million for the GeoSAR program; and $2.0

million for the ‘‘Smart Maps’’ initiative.

The conferees agree that the mapping and visualization toolkit

development funds are not being designated for a specific contractor program, but that NIMA should use the additional funds to

continue efforts to upgrade its commercial mapping and visualization toolkit, and give appropriate consideration to competitive commercial sources for conducting this work.

Special operations tactical systems development

The budget request included $133.5 million for special operations tactical systems development in PE11644BB. The budget request did not include funding to continue the development of many

programs, including the MC–130 autonomous landing guidance

system, the CV–22 terrain following radar upgrades, or the advanced lightweight grenade launcher.

The House bill would authorize an increase of $14.2 million in

PE 11644BB, as follows: $9.2 million for the CV–22 terrain following radar improvements; and, $5.0 million for continued development of the MC–130 autonomous landing guidance system.

The Senate amendment would authorize an increase of $5.6

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hancements, for the purpose of continuing research and development of the advanced lightweight grenade launcher.

The conferees agree to authorize an increase of $13.3 million

in PE 11644BB, special operations tactical systems development to

be distributed as follows: $4.5 million for the MC–130 autonomous

landing guidance system; $6.0 million for the CV–22 terrain following radar upgrades; and, $2.8 million for the advanced lightweight grenade launcher.

The conferees also understand that there may be slippage in

the CV–22 post initial operational capability block 10 changes. Additionally, the C–130 engine infrared suppression program has

been canceled due to higher priority requirements. Therefore, the

conferees agree to a reduction of $3.0 million for the CV–22 block

10 changes and a reduction of $5.0 million for the C–130 engine infrared suppression program.

ITEMS OF SPECIAL INTEREST

Common imagery processor

The House report accompanying H.R. 4392, the Intelligence

Authorization Act for Fiscal Year 2001 (H. Rept. 106–620), would

direct that, of the amounts appropriated pursuant to that Act in

PE 35208F and PE 35208N for the distributed common ground system (DCGS), no more than 25 percent could be obligated or expended until the Department of Defense submits a plan to the congressional defense and intelligence committees that details how the

common imagery processor (CIP) will be integrated into the Navy

imagery system (NAVIS) and how the NAVIS functionality could be

incorporated into the common imagery ground/surface system

(CIGSS) structure.

The conferees agree that the Department should take full advantage of functions and capabilities already owned by the government. In general, the conferees do not support expenditure of funds

to recreate existing capabilities absent compelling arguments. In

this light, the conferees believe there is potential for integrating capabilities of the CIP, NAVIS, and CIGSS.

Therefore, the conferees direct the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, in

consultation with the Director, National Imagery and Mapping

Agency, to submit a plan to the congressional defense and intelligence agencies by March 15, 2001, which outlines an appropriate

path for migrating tactical imagery programs, including the CIP,

NAVIS, and CIGSS, to integrated solutions within the CIGSS architecture.

Defense Space Reconnaissance Program

The Defense Space Reconnaissance Program (DSRP) has

served an important role in providing direct interactions between

the National Reconnaissance Office (NRO) and operational military

commanders and other elements of the Department of Defense. In

recent years, however, the DSRP has become a less uniquely effective entity as overt NRO support to the military has increased and

reduced classification barriers have greatly increased military customer knowledge of space-based systems. In fact, the NRO now

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maintains a Military Support Division, directed by a general officer

tasked to interact directly with the military customers of the NRO.

The conferees understand that the Director of the NRO has recently recommended that the DSRP be reestablished as the budgetary mechanism for defense augmentation of NRO programs to

meet tactical military needs. The conferees believe that this proposal merits careful consideration.

At the same time, the conferees believe that the Secretary of

Defense needs to evaluate the overall role of the NRO in supporting tactical military forces. The conferees believe that the following issues must be addressed as part of an overall review of

space intelligence support to the warfighter: (1) the appropriate

role for the NRO to play in supporting military operations and exercises, such that the NRO does not duplicate unnecessarily the responsibilities and capabilities of organizations, such as the National Imagery and Mapping Agency, the National Security Agency,

or U.S. Space Command that are specifically tasked to support

their various military customers; (2) whether some or all of the

funds and responsibilities currently included in the NRP, the

DSRP, and the service Tactical Exploitation of National Capabilities (TENCAP) programs for supporting military operations and exercises should be consolidated; (3) whether a revitalized DSRP

would be the best mechanism for giving the Unified Commands a

role in determining future space intelligence and reconnaissance

capability requirements and raising the visibility of space reconnaissance matters within the Department of Defense program planning and resource allocation process; and (4) the role of a revitalized DSRP in funding NRO system developments to satisfy unique

military or service requirements.

The conferees direct the Secretary of Defense to provide the

congressional defense and intelligence committees a report by May

1, 2001, on his assessment and recommendations regarding these

matters.

Future scout and cavalry system

The conferees have strongly supported the Army’s future scout

and cavalry system (FSCS) development effort in a joint program

with the United Kingdom and are concerned to note actions taken

by the Army to eliminate funding for the FSCS engineering and

manufacturing development phase. As a result, funding for the Advanced Technology Demonstration (ATD) phase was eliminated in

the fiscal year 2001 Department of Defense Appropriations Conference Report. The conferees note the Army has recently developed a plan to include FSCS technologies within its transformation

efforts and recognize the FSCS ATD will provide a basis to evaluate the integration of land-system technologies through a platform

demonstration. The conferees believe the FSCS program is well positioned to develop leap-ahead technologies for future land systems

and support Army intentions to request reprogramming authority

necessary to carry this program through the ATD phase of the development effort.

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Modernized hellfire/common missile

The budget request included $5.0 million for the modernized

Hellfire program to explore risk reduction opportunities. The conferees understand the Army is considering the possibility of moving

toward a common chemical energy missile and that the modernized

Hellfire program would serve as the baseline for this effort. The

conferees fully support the Army’s goal to reduce the different

types of anti-tank missile systems in its future tactical inventory.

However, this goal was not supported by a request for funds in the

fiscal year 2001 budget. Therefore, the conferees direct the Army

to ensure that fiscal year 2001 funds for the modernized Hellfire

are used, in part, to initiate a program definition study to determine the potential of a common ground and air-to-ground missile.

Furthermore, the conferees expect the Army to begin funding this

effort in the fiscal year 2002 budget submission.

National Imagery and Mapping Agency pre-acquisition activities

Congress has repeatedly addressed the critical need to conduct

thorough and effective pre-acquisition activities before embarking

on a path to make the necessary improvements to the National Imagery and Mapping Agency’s (NIMA) tasking, processing, exploitation, and dissemination (TPED) capabilities. The conferees agree

that NIMA needs to conduct comprehensive pre-acquisition activities and will require substantial additional funds for this purpose.

The conferees believe that these pre-acquisition activities

should accomplish several goals: (1) to apply new information technology and modern business practices across the imagery and

geospatial enterprise, to include such concepts as federated management and migrating legacy systems based on proprietary software to an open systems architecture; (2) to develop a realistic program plan and acquisition strategy related to the role of NIMA, its

oversight mechanisms, and its contractors, including the use of an

overarching systems integration contract (perhaps along the lines

of the National Missile Defense Lead Systems Integrator contract),

unless the Department of Defense (DOD) can demonstrate that it

would be more efficient and effective for the government to retain

the integration role; (3) to develop a realistic plan to manage the

transition of the current systems and personnel of the United

States Imagery and Geospatial Information System (USIGS) to the

new, modern architecture; (4) to ensure that all imagery and

geospatial systems within DOD and other intelligence community

agencies (including tactical programs, airborne systems, and commercial capabilities) are incorporated into an integrated imagery

TPED architecture; and (5) to provide appropriate basis for migrating the TPED architecture from an imagery and geospatial TPED

architecture to one capable of processing intelligence of multiple

types (a so-called ‘‘MULTI-INT’’ architecture).

The conferees understand that the plan of the NIMA Director

is to consider all options for TPED, to include making significant

changes to the current architecture. The conferees agree that the

review should be thorough, and that NIMA should retain only

those previous architectural efforts and program planning that

withstand fresh scrutiny. The conferees do not intend for NIMA to

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grams as NIMA libraries and softcopy exploitation, now in the

fielding phase) while the pre-acquisition effort is underway.

The conferees believe that direct and personal involvement by

the Deputy Secretary of Defense and the Director of Central Intelligence (DCI) are necessary to ensure that the large resource investment to correct TPED deficiencies is properly managed and

adequately supported by all DOD and Intelligence Community components. Therefore, the conferees request the Deputy Secretary and

the DCI to direct all subordinate departments, agencies, and organizations to fully support NIMA TPED pre-acquisition activities.

This must include providing overall guidance, developing concepts

and system technical interfaces, and organizing and training intelligence providers and customers to maximize the imagery TPED

functions. As noted above, the scope of this effort clearly must involve all imagery and geospatial information systems, including

open-source systems. It should also include: all collection systems

(spacecraft, aircraft, unmanned aerial vehicles, etc.); all tasking,

data, storage, processing, exploitation, analysis, dissemination (including communications) and collaboration systems; and all databases and the specific interfaces. In short, this pre-acquisition effort should refine and define the end-to-end information management processes for U.S. imagery and geospatial data systems so

that intelligence can be provided to all customers at all levels.

The conferees expect that the policy and programmatic knowledge gained and the system-level specifications that result from the

pre-acquisition activity will be used to focus NIMA’s TPED development and acquisition efforts. The conferees expect the Deputy Secretary of Defense and the DCI to develop a realistic TPED transition plan with rigorous cost assessments and to submit that plan

to Congress concurrent with future budget requests.

The conferees recognize that the fiscal year 2001 budget request and the Future Years Defense Program (FYDP) reflected additional resources to satisfy TPED requirements. This reflects the

first firm commitment by the Deputy Secretary of Defense that the

Department would provide additional resources to support TPED

modernization. Although the conferees recognize that better funding estimates will result from the pre-acquisition activities addressed above, the administration must continue near- and longterm efforts to identify funding commitments in the fiscal year

2002 budget request and the FYDP that match the critical requirements in this area.

In the near-term, the conferees believe that the Department

should take a number of steps to ensure the TPED efforts begin efficiently and promptly. These actions should include the following:

(1) NIMA should establish a focused, capable, and empowered program office that:

(a) remains separate from ongoing acquisition efforts;

(b) reports directly to the NIMA corporate acquisition

executive for the Director of NIMA; and

(c) maintains clear and agreed upon relationships with

the management oversight staffs, partnering program offices, and customers.

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(2) NIMA should modify the current TPED study contracts

as necessary to develop or to assist the Department in developing the following:

(a) a NIMA enterprise-wide 2005-era vision for the imagery TPED architecture, as modernized by new information management technology and business practices;

(b) a 2005-era concept of operations for all products,

services, and business operations;

(c) a range of architectural approaches for a 2005-era

USIGS that would account for current and near-term systems, and that are designed to facilitate transition from

the current architecture;

(d) an acquisition strategy and program plan that

clearly outlines program management, including the role

of the NIMA program office and use of a systems integrator, contracts for advisory and assistance services

(CAAS), and federally funded research and development

centers;

(e) a source selection strategy;

(f) draft interface control documents, interagency

memoranda, and one or more requests for proposal (as determined by the acquisition strategy) with all reference

documents, to include statements of objectives, requirements, and operational concepts;

(g) a draft transition plan for all segments of the imagery and geospatial architecture, both internal and external to NIMA; and

(h) cost estimates and budget profiles for complete life

cycle costs.

(3) NIMA’s plan to achieve the actions in item (2) above

shall be reviewed by the Assistant Secretary of Defense for

Command, Control, Communications, and Intelligence, and the

Deputy Director of Central Intelligence for Community Management.

The conferees direct the Secretary of Defense, in coordination

with the DCI, to take these actions by February 1, 2001, and submit a report by that date to the congressional defense and intelligence committees that describes the implementation of these actions.

Nuclear Detonation Detection System

The conferees note that the Nuclear Detonation (NUDET) Detection System (NDS) Electromagnetic Pulse (EMP) V sensors are

currently scheduled to fly on the next generation Global Positioning

System (GPS) Block IIF satellites. These sensors support the mission areas of Integrated Tactical Warning and Attack Assessment

(ITWAAA), Treaty Monitoring, and Nuclear Force Management

(NFM). The conferees recognize that these sensors are necessary to

providing the Commander in Chief of U.S. Strategic Command

with the robust battle damage assessment capability required to

adequately advise the National Command Authority during Single

Integrated Operations Plan (SIOP) execution. In addition, these

sensors are critical for arms control monitoring and verification.

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Therefore, the conferees support efforts to procure the NDS

EMP V sensors in time to fly on the first GPS IIF satellites. The

conferees direct the Secretary of the Air Force to ensure that there

is no loss in sensor coverage.

Radar technology insertion program

The conferees understand that the Air Force recently conducted a review of the Joint Surveillance and Target Attack Radar

System (JSTARS) acquisition program, and confirmed the requirement for the Radar Technology Insertion Program (RTIP). Conferees note that RTIP capability will offer a major enhancement to

the current JSTARS fleet and strongly urge the Air Force to install

RTIP into any JSTARS aircraft produced after RTIP goes into production.

Space launch ranges

The conferees are concerned that continuing to vest the Air

Force with sole fiscal responsibility for the space launch ranges is

increasingly problematic. The conferees note that several recent

congressional hearings and governmental studies indicate that: (1)

the Air Force is transitioning to use of commercial launch services

and the commercial launch industry is, and will remain, the predominant user of these ranges; (2) because it does not recover the

costs of its management, operation, and modernization of the

ranges, the Air Force provides a substantial subsidy to the commercial launch industry, which is less justifiable as the commercial

launch industry matures; (3) the Air Force has done an inadequate

job of maintaining and modernizing the ranges, and inadequate

funding for the ranges is causing equipment to become outdated;

and (4) the commercial launch industry does not believe that the

Air Force manages the ranges efficiently, often leading to costly

launch delays.

The conferees urge the Secretary of Defense to give consideration to expanding the sources of funding for range modernization,

maintenance, and operations and to transition responsibility for

range management, modernization, maintenance, and operations

from the Air Force to joint responsibility between a combination of

the Air Force, other state and federal agencies, and the commercial

sector. The conferees believe that such approaches may offer the

opportunities to improve both military and commercial launch capabilities.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations

Authorization of appropriations (secs. 201–202)

The House bill contained provisions (secs. 201–202) that would

authorize the recommended fiscal year 2001 funding levels for all

research, development, test, and evaluation accounts.

The Senate amendment contained similar provisions.

The conference agreement includes these provisions.

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Subtitle B—Program Requirements, Restrictions, and Limitations

Management of Space-Based Infrared System-Low (sec. 211)

The House bill contained a provision (sec. 212) that would

transfer during fiscal year 2001 the management authority over

the Space-Based Infrared System (SBIRS) Low program from the

Air Force to the Ballistic Missile Defense Organization (BMDO).

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would delay the

transfer of the SBIRS-Low program to BMDO until fiscal year

2002.

Joint strike fighter program (sec. 212)

The House bill contained a provision (sec. 213) that would require the Secretary of Defense to certify to the congressional defense committees that the joint strike fighter (JSF) is technologically mature enough prior to allowing the JSF program to enter

the engineering and manufacturing development (EMD) phase.

The Senate amendment contained a provision (sec. 215) that

would require a report from the Secretary of Defense on the technical exit criteria for the JSF to enter EMD and on the impact of

any changes the Department of Defense had made to the acquisition strategy. The Senate amendment would also provide a waiver

of an amount of funds from the transfer authority ceiling in the

event the Department decided to reprogram funds within the JSF

program to support EMD activities.

The House recedes with an amendment that would require the

Secretary of Defense to provide a report on the technical exit criteria for the JSF to enter EMD. The provision would require that,

prior to entering EMD, the Secretary of Defense would have to certify to the congressional defense committees that the technical exit

criteria have been met, that key technologies are sufficiently mature, and that the short takeoff and vertical landing variant of the

design selected for EMD has accumulated at least 20 flight test

hours. The provision would also provide a waiver of transfer authority ceiling in the event the Department were to decide that it

needed to reprogram funds within the JSF program.

Fiscal year 2002 joint field experiment (sec. 213)

The Senate amendment contained a provision (sec. 211) that

would require the Secretary of Defense to plan in fiscal year 2001,

and execute in fiscal year 2002, a major joint field experiment. This

experiment would include elements from all military services and

special operations forces that represent equipment, organizations,

and concepts intended to counter threats to U.S. national security

in the year 2010 and beyond.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary to submit to the congressional defense committees by

March 1, 2001, a report on the concept plan for this joint field experiment that includes: (1) the objectives of the experiment; (2) participating forces; (3) experiment schedule and location(s); (4) funding requirements for each participating joint command, defense

agency, and service component; and (5) identified shortfalls in

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funding required for the experiment that are not included in the

fiscal year 2002 budget request for each of the participating joint

commands, defense agencies, and service components. The conferees agree to authorize an increase of $2.0 million in

PE 63727N to facilitate the planning in fiscal year 2001 of this

major joint field experiment to be executed in fiscal year 2002.

Nuclear aircraft carrier design and production modeling (sec. 214)

The budget request included $38.3 million in PE 64567N for

aircraft carrier contract design. The budget request did not include

funds specifically designated for converting nuclear aircraft carrier

designs to a three-dimensional, computer-based system. The House bill would authorize $5.0 million of the budget request to begin development of an aircraft carrier design product

model for the CVNX.

The Senate amendment contained a provision (sec. 212) that would authorize an increase of $10.0 million in PE 64567N to develop an electronic product model of the CVNX–1 and applicable

sections of CVN–77 nuclear aircraft carrier design. The Senate

amendment would also direct the Navy to provide an analysis of

the potential costs and benefits of extending this product model effort for use in supporting the Nimitz-class ships in the fleet.

The House recedes with an amendment that would authorize

an increase of $8.0 million in PE 64567N to develop an electronic

product model of the CVNX–1 and applicable sections of CVN–77.

The amendment would also require the Secretary of the Navy to

provide a report on the cost effectiveness of converting design data

to an electronic form and developing a three-dimensional design

product model for the CVNX class aircraft carrier.

DD–21 class destroyer program (sec. 215)

The Senate amendment contained a provision (sec. 213) that

would authorize the Secretary of the Navy to pursue a technology

insertion approach to DD–21 that would commence construction of

the first DD–21 in fiscal year 2004 followed by a fiscal year 2009

delivery. The provision would also express the sense of Congress

that there are compelling reasons to commence DD–21 construction

in fiscal year 2004 followed by sequential construction of DD–21

destroyers until a total of 32 are built. The provision would further

direct the Secretary of Defense and the Secretary of the Navy to

submit certain reports on DD–21.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Limitation on Russian American Observation Satellites program

(sec. 216)

The Senate amendment contained a provision (sec. 219) that

would prohibit the expenditure or obligation of funds for the Russian American Observation Satellites (RAMOS) program until 30

days after the Secretary of Defense submits to Congress a report

concerning the protection of advanced military technology that may

be associated with the RAMOS program.

The House bill contained no similar provision.

The House recedes.

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Joint Biological Defense Program (sec. 217)

The Senate amendment contained a provision (sec. 220) that

would prohibit the obligation of funds to procure the vaccine for the

biological agent anthrax until the Secretary of Defense makes a notification and delivers a report to the congressional defense committees.

The House bill contained no similar provision.

The House recedes with an amendment that would establish

permissible actions related to the obligation of funds to procure the

anthrax vaccine and would require the Secretary to report within

seven days to the Congress all obligations in connection with the

qualified procurement of anthrax vaccine with a value greater than

$5.0 million.

The conferees note that the anthrax virus is only one of several

biological agents Department of Defense officials have testified

could pose a threat to military personnel. The conferees are concerned that the myriad issues associated with the production and

acquisition of the anthrax vaccine may also apply to other biological warfare defense vaccine research, development, and procurement programs. It is incumbent on the Secretary to develop a plan,

including milestones, for modernizing all vaccines used or anticipated to be used to immunize military personnel against biological

agents. In the development of that plan, the Secretary should take

such action, including procuring vaccines from more than one manufacturer, if necessary or appropriate, to ensure military personnel

immunization policies and plans can be effectively implemented.

Section 1703 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160) required the Secretary of Defense to report annually on the status and plans of chemical and

biological defense research, development and procurement programs. In the report to be submitted in calendar year 2001 and the

subsequent three reports, the costs incurred by, and payments

made to, each contractor or other entity engaged in the production,

storage, distribution, or marketing of the anthrax vaccine administered by the Department of Defense should be provided. In the report to be submitted in calendar year 2001, the following information should be included: (1) an estimate and update of the life cycle

costs of the anthrax vaccination program; (2) a description of the

anthrax vaccine acquisition strategy; (3) an assessment of government requirements (defense and non-defense) for the anthrax vaccine; (4) an assessment of the financial and manufacturing ability

of the manufacturer of the anthrax vaccine to meet government requirements; and (5) a description of any activity related to any anthrax vaccine license with significant implications for the Department of Defense.

Report on biological warfare defense vaccine research and development programs (sec. 218)

The Senate amendment contained a provision (sec. 221) that

would direct the Secretary of Defense to report on the Department

of Defense (DOD) program to develop and procure vaccines for biological warfare agents no later than February 1, 2001. The provision would require the Secretary to develop a design for a government-owned, contractor-operated (GOCO) vaccine production facilVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00749 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.226 pfrm03 PsN: HR945
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ity and provide a determination on the utility of such a facility to

support civilian vaccine production, and an analysis of possible vaccine production for international use.

The House bill contained no similar provision.

The House recedes with an amendment that would modify the

requirements of the report to include an estimated establishment

cost and schedule for the GOCO facility, and an evaluation of the

non-military use of such a facility on the production of vaccines for

U.S. Armed Forces.

Cost limitations applicable to F–22 aircraft program (sec. 219)

The Senate amendment contained a provision (sec. 214) that

would provide one percent relief on the engineering and manufacturing (EMD) development cost cap for the F–22 aircraft if the

funds are required for testing, as certified by the Director of Operational Test and Evaluation (DOT&E) and the Undersecretary of

Defense for Acquisition, Technology, and Logistics (USD AT&L).

The House bill contained no similar provision.

The House recedes with an amendment that would provide one

and one half percent relief on the EMD cost cap for the F–22 aircraft program, if the use of these funds is required for testing, as

certified by DOT&E after consultation with USD AT&L. The

amendment would also reestablish the EMD and production cost

caps, as established by section 217 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85).

Unmanned advanced capability combat aircraft and ground combat

vehicles (sec. 220)

The Senate amendment contained a provision (sec. 217) that

would establish an initiative to promote the use of unmanned combat systems and technologies with the goal that, within 10 years,

one-third of U.S. military operational deep strike aircraft will be

unmanned and, within 15 years, one-third of all ground combat vehicles will be unmanned. The Senate amendment would authorize

$200.0 million in research, development, test and evaluation in PE

62702E to accelerate the technologies that will lead to the development and fielding of remotely controlled air combat vehicles by

2010 and remotely controlled ground combat vehicles by 2015.

The House bill contained no similar provision.

The House recedes with an amendment.

The conferees support the need to strengthen Army, Navy, and

Air Force efforts to exploit the significant potential of unmanned

combat aircraft and ground vehicles to effectively accomplish many

critical combat missions while avoiding risk to aircraft and ground

vehicle crews. The amendment reaffirms the goal established in

section 217 of the Senate amendment of developing and fielding advanced capability unmanned combat aircraft and ground vehicles

such that one-third of the operational deep strike aircraft in the

year 2010 and one-third of the ground combat vehicles acquired

through the Army’s future combat system development program by

the year 2015 could be unmanned.

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees that describes the development and demonstration efforts of the services together with

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the Defense Advanced Research Projects Agency (DARPA) that will

be required to support the established goals. The report shall be

submitted in conjunction with the fiscal year 2002 budget request

and will include the acquisition strategy required to achieve the established goals, including necessary funding, analysis of alternatives, and potential contributions to, or impacts to current and

planned deep strike combat aircraft and ground combat vehicles.

The conferees recommend that efforts to develop and to demonstrate unmanned combat aircraft and ground combat vehicles

should be focused initially on the highest risk mission areas. For

aircraft, this mission area is defined as those early entry deep

strike missions for suppression of enemy air defenses and other

highest priority targets. The amendment also addresses commonality between the Air Force and Navy programs. The conferees

expect that significant air vehicle systems commonality and interoperability between the Navy and Air Force variants is achievable,

specifically in the areas of electronics, avionics, datalinks, and operating stations. The conferees also recognize the importance of low

observable (LO) designs in future systems. To that end, Air Force

should proceed with development of air vehicle three and validate

the LO design of the unmanned combat air vehicle (UCAV) system.

Accordingly, the Navy should fully explore the advantages of LO

technology in their design of the unmanned combat air vehicle

(UCAV–N) system.

In its analysis of alternatives, the Navy should examine a force

of 10 to 20 UCAVs per carrier airwing. For ground combat vehicles,

the capabilities currently anticipated for the Army’s new objective

force currently under development in collaboration with DARPA

offer the most appropriate focus for application of unmanned vehicle capability.

To accelerate efforts toward achieving these aggressive goals, the conferees authorize an increase of $100.0 million in PE 62702E,

as follows: $50.0 million for the Air Force’s UCAV program; $25.0

million for the Navy’s UCAV–N program; and, $25.0 million for the

Army-DARPA joint program on the Future Combat System (FCS).

The conferees expect DARPA and the services to work the additional funding, responsibilities, and timelines into the existing

memorandum of agreements for these three programs.

The conferees recognize that an increase of $46.0 million is authorized in PE 63005A for enabling technologies for the FCS, as

noted elsewhere in this report. The request for the additional funds

came from the Department of the Army’s unfunded priority list.

The conferees note that the Army transformation program hinges

on the success of FCS as it is the centerpiece of the service’s new

ground warfare strategy. The conferees urge the Department to

fully fund this critical program in the future.

Global Hawk high altitude endurance unmanned aerial vehicle (sec.

221)

The Senate amendment contained a provision (sec. 216) that

would require a demonstration of the Global Hawk high altitude

endurance unmanned aerial vehicle (HAE UAV) in a counter-drug

surveillance scenario.

The House bill contained no similar provision.

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The House recedes with an amendment that would require the

Secretary of Defense to initiate this demonstration no later than

March 1, 2001. The provision would also direct the Secretary to

conduct the demonstration and the parallel radar development effort using funds authorized to be appropriated for Drug Interdiction and Counter-drug Activities, Defense.

Army space control technology development (sec. 222)

The Senate amendment contained a provision (sec. 218) that

would authorize $20.0 million for the Kinetic Energy Anti-Satellite

(KE–ASAT) program, $5.0 million for other Army space control

technology development, and prohibit the obligation of funds for

other Army space control technology until funds for the KE–ASAT

program have been released to the KE–ASAT program manager.

The House bill contained no similar provision.

The House recedes with an amendment that would specify

that, of the funds authorized to be appropriated for Army space

control technology development, $3.0 million shall be available for

the KE–ASAT program.

Subtitle C—Ballistic Missile Defense

Funding for fiscal year 2001 (sec. 231)

The House bill contained a provision (sec. 231) that would authorize funds for the National Missile Defense Program, including

funds for the Space-Based Infrared System (SBIRS)-Low program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would authorize

funds for the National Missile Defense program, but not the

SBIRS-Low program. Matters related to SBIRS-Low are addressed

elsewhere in this report.

Reports on ballistic missile threat posed by North Korea (sec. 232)

The House bill contained a provision (sec. 233) that would require that, not later than two weeks after the next flight test by

North Korea of a long-range ballistic missile, or 60 days after enactment of this Act, the President shall submit to Congress a report on the North Korean ballistic missile threat to the United

States.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require

that, not later than two weeks after the next flight test by North

Korea of a long-range ballistic missile, the President shall submit

to Congress a report on the North Korean ballistic missile threat

to the United States.

Plan to modify ballistic missile defense architecture (sec. 233)

The House bill contained a provision (sec. 234) that would require the Director of the Ballistic Missile Defense Organization to

develop a plan to adapt ballistic missile defense systems and architectures to counter threats to the United States, U.S. Armed Forces

deployed outside the United States, and other U.S. national security interests that are posed by ballistic missiles with ranges of

1,500 to 2,500 miles.

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The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Management of Airborne Laser program (sec. 234)

The House bill contained a provision (sec. 235) that would designate the Airborne Laser (ABL) program as a program element of

the ballistic missile defense program managed by the Ballistic Missile Defense Organization (BMDO).

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary of the Air Force to obtain the approval of the Director of

BMDO before making any change to the ABL funding profile,

schedule, or technical requirements, and for the Director of BMDO,

in coordination with the Secretary of the Air Force, to submit a report to the congressional defense committees on the role of the ABL

in current U.S. missile defense architecture.

As addressed elsewhere in this conference agreement, the conferees recommend a funding increase of $85.0 million for the ABL

program, the amount needed in fiscal year 2001 to keep the Program Definition and Risk Reduction aircraft on schedule to conduct

the first lethal demonstration during fiscal year 2003. The conferees direct the Secretary of the Air Force to spend these additional fiscal year 2001 funds consistent with the fiscal year 2000

program plan. Absent the development of technical problems, the

conferees believe that the ABL program should remain on schedule

for a lethal demonstration in fiscal year 2003 and initial operational capability in fiscal year 2008.

Subtitle D—High Energy Laser Programs

High energy laser programs (secs. 241–250)

The House bill contained a provision (sec. 211) that would authorize funding for high energy laser (HEL) research and development, and would require the Secretary of Defense to designate a

senior civilian official in the Office of the Secretary of Defense

(OSD) to oversee, coordinate, prioritize, and conduct planning and

programming for the HEL programs. The provision would also express a sense of Congress concerning the appropriate funding levels

for HEL research and development, require the establishment of a

memorandum of agreement between the Secretary of Defense and

the Administrator of the National Nuclear Security Administration

to conduct joint laser research programs, and establish certain reporting requirements.

The Senate amendment contained a similar provision (sec. 917)

that would authorize funding for HEL programs, require the Secretary of Defense to implement the organizational recommendations included in the High Energy Laser Master Plan of March 24,

2000, and require other actions related to the management of HEL.

The Senate recedes with an amendment that would require the

Secretary of Defense to implement the recommendations included

in the High Energy Laser Master Plan recommendations and

would address other matters related to HEL program funding and

management. The amendment would also require the Secretary of

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fense for Science and Technology, to evaluate whether to include

other directed energy science and technology programs in the new

high energy laser management structure.

Subtitle E—Other Matters

Reports on mobile offshore base concept and potential use for certain

purposes of technologies associated with that concept (sec. 251)

The Senate amendment contained a provision (sec. 241) that

would require the Secretary of Defense to submit a report on the

mobile offshore base that would contain a cost-benefit analysis for

the base and a recommendation on whether a program should be

established, with lead service designation and schedule.

The House bill contained no similar provision.

The House recedes with an amendment that would require an

additional report from the Secretary of the Navy on the potential

application and feasibility of using existing technologies, including

those associated with the mobile offshore base concept, to a seabased platform for support of naval aviation training. This report

should be viewed as a matter totally disassociated with the potential requirement for a mobile offshore base, with the exception of

potential sharing of technologies.

Air Force science and technology planning (sec. 252)

The Senate amendment contained a provision (sec. 242) that

would require the Secretary of the Air Force to submit a report to

the congressional defense committees on the long-term challenges

and short-term objectives of the Air Force science and technology

(S&T) program.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the

reporting requirement for the Air Force, clarify the planning requirement, and require the Comptroller General to report on the

results of the review and an assessment regarding the extent to

which the review was conducted in compliance with the requirements of this section.

Enhancement of authorities regarding education partnerships for

purposes of encouraging scientific study (sec. 253)

The Senate amendment contained a provision (sec. 243) that

would amend section 2194 of title 10, United States Code, to enhance authorities relating to education partnerships to encourage

scientific study.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify the

types of property eligible for transfer under the authorities of this

provision.

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

end of the cold war (sec. 254)

The House bill contained a provision (section 241) that would

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tween the Federal Government and academic institutions during

the period beginning before World War II and continuing through

the end of the Cold War, support efforts by the Secretary of the

Navy and the Chief of Naval Research to honor those individuals,

and express appreciation for the ongoing efforts of the Office of

Naval Research to support oceanographic and scientific research

and the development of researchers in scientific fields related to

the missions of the Navy and the Marine Corps.

The Senate amendment contained no similar provision.

The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Acoustic mine detection technology

The Senate amendment contained a provision (sec. 223) that

would authorize an increase of $2.5 million in PE 62712A for research in acoustic mine detection.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $2.5 million in

PE 62712A for research in acoustic mine detection, as noted elsewhere in this conference report.

Additional authorization for weathering and corrosion technology

for aircraft surfaces and parts

The Senate amendment contained a provision (sec. 203) that

would authorize an increase of $1.5 million in PE 62102F for

weathering and corrosion technology for aircraft surfaces and parts.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $1.0 million in

PE 62102F for research, development, test, and evaluation technologies and processes to address weathering and corrosion of aircraft surfaces and parts, as noted elsewhere in this report.

The conferees direct that all applicable competitive procedures

be used in the award of contracts or other agreements under this

program and that cost sharing be used to the maximum extent

practicable.

Air logistics technology

The Senate amendment contained a provision (sec. 225) that

would authorize an increase of $300,000 in PE 63712S for air logistics technology.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $300,000 in PE

63712S for air logistics technology, as noted elsewhere in this conference report.

Ammunition risk analysis research

The Senate amendment contained a provision (sec. 229) that

would authorize an increase of $5.0 million in PE 63104D for research in ammunition risk analysis.

The House bill contained no similar provision.

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The Senate recedes on the provision.

The conferees agree to authorize an increase of $5.0 million in

PE 63104D for research in ammunition risk analysis, as noted elsewhere in this conference report.

Funding for comparisons of medium armored vehicles

The Senate amendment contained a provision (sec. 230) that would authorize an increase of $40.0 million to support a comparative evaluation by the Army of medium armored combat vehicles.

The House bill contained no similar provision.

The Senate recedes.

Joint technology information center initiative

The Senate amendment contained a provision (sec. 228) that would authorize $20.0 million for the Joint Technology Information

Center Initiative.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize $20.0 million in Research, Development, Test and Evaluation, Defensewide, for the Joint Technology Information Center initiative.

Navy information technology center and human resource enterprise

strategy

The budget request included $15.3 million in PE 65013N for

information technology development.

The House bill would authorize the budget request.

The Senate amendment contained a provision (sec. 227) that would authorize an increase of $5.0 million in PE 65013N for the

Navy’s single integrated human resources strategy (SIHRS).

The Senate recedes on the provision.

The conferees agree to authorize an increase of $8.0 million in

PE 65013N for the business process re-engineering of Navy legacy

systems through the SIHRS.

Sense of Congress concerning commitment to deployment of National Missile Defense System

The House bill contained a provision (sec. 232) that would: (1)

reaffirm the policy of the United States declared in the National

Missile Defense (NMD) Act of 1999 (Public Law 106–38); (2) find

that an effective NMD system is technologically feasible; (3) find

that hostile ‘‘rogue’’ nations are capable of posing missile threats to

the United States sufficient to justify deployment of an NMD system; and (4) express the sense of Congress that the action of the

President in signing the NMD Act of 1999 entails a commitment

by the President to execute the policy declared in that Act.

The Senate amendment contained no similar provision.

The House recedes.

Technology for mounted maneuver forces

The Senate amendment contained a provision (sec. 224) that

would authorize an increase of $5.0 million in PE 65326A to test

and evaluate future operational technologies for use by mounted

maneuver forces.

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The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize an increase of $3.5 million in

PE 65326A to test and evaluate future operational technologies for

use by mounted maneuver forces, as noted elsewhere in this conference report.

TITLE III—OPERATION AND MAINTENANCE

Overview

The budget request for fiscal year 2001 contained an authorization of $108,746.1 million for Operation and Maintenance in the

Department of Defense and $1,154.4 for Working Capital Fund Accounts in fiscal year 2001.

The House bill would authorize $109,415.5 million for Operation and Maintenance and $1,503.4 for Working Capital Fund Accounts.

The Senate amendment would authorize $108,904.7 million for

Operation and Maintenance and $1,154.4 for Working Capital

Fund Accounts.

The conferees recommended an authorization of $109,750.2

million for Operation and Maintenance and $1,154.4 for Working

Capital Fund Accounts for fiscal year 2001. The conference agreement reflects reductions reflected in the fiscal year 2001 Department of Defense Appropriations Act (Public Law 106–259). Unless

noted explicitly in the statement of managers, all changes are

made without prejudice.

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Battlefield Mobility Enhancement System

The budget request included no funding for the battlefield mobility enhancement system know as Military Gator (M-Gator). The House bill would authorize $9.3 million for M-Gator.

The Senate amendment would authorize $10.0 million for MGator.

The conferees agree to authorize $3.0 million for M-Gator. The

conferees commend the Department of the Army and, specifically,

the XVIII Airborne Corps for their efforts in acquiring the M-Gator

battlefield mobility enhancement system. The conferees note that

these efforts substantially shortened the acquisition process for this

system by using a commercial off-the-shelf vehicle and thereby resisted the oft-repeated mistake of excessive modifications and militarizations, saving both time and money. The conferees understand

that it took the Army only three years from the execution of the

operational needs statement to the initial fielding of the M-Gator.

The conferees are also pleased to note that M-Gators are currently

available for world-wide deployment by the 82nd and 101st Airborne Divisions and, within available funding, will soon be available in the 10th Mountain Division in New York and the 25th Infantry Division in Hawaii.

Cultural and historic activities

The budget request included $300,000 for the Legacy Resource

Management Program. The House bill would authorize an increase of $6.5 million in

the Legacy program. The Senate amendment would authorize an increase of $6.1

million in the Legacy program for the recovery and preservation of

three Civil War vessels: the H.L. Hunley, a Civil War submarine;

the U.S.S. Monitor, a Civil War ironclad warship; and the C.S.S.

Alabama, a Civil War commerce raider.

The conferees agree to authorize an increase of $6.5 million in

the Legacy program. The conferees direct the Secretary of Defense

and the Secretary of the Navy to use the additional Legacy funds

to accomplish the following: (1) To raise the H.L. Hunley, recover

other remaining artifacts, and conduct related preservation activities; (2) to make preparations for the turret recovery of the U.S.S.

Monitor and recover other remaining artifacts, including two cannons; and (3) to survey and recover the artifacts of the C.S.S. Alabama, including the aft pivot gun and the lifting screw. The conferees further direct that, not later than April 1, 2001, the Secretary of Defense shall submit to the congressional defense committees a report that completely describes all prior and current use of

Legacy funds and relevant state funds, and the status of recovery

and preservation activities related to the H.L. Hunley, the U.S.S.

Monitor, and the C.S.S. Alabama.

MOCAS enhancements

The budget request included $1.1 billion for the Defense Logistics Agency.

The House bill would authorize the budget request.

The Senate amendment would authorize an increase of $1.2

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istration Service (MOCAS) System. The increase in funding is necessary for the development of a query tool, enhanced shared data

warehouse, and other improvements to bring the MOCAS system

in compliance with other provisions in the Act.

The House bill contained no similar provision and would authorize the budget request.

The conferees agree to authorize an increase of $1.0 million for

these purposes for the Defense Finance and Accounting Service.

ITEMS OF SPECIAL INTEREST

Funding for Formerly Used Defense Sites and the Conway Bombing

and Gunnery Range, Horry County, South Carolina

The Department of Defense (DOD) is responsible for cleaning

up properties that it formerly owned, leased, possessed, or operated, known as Formerly Used Defense Sites (FUDS). The Army is

the executive agent for the FUDS program, and the U.S. Army

Corps of Engineers (Corps) manages and executes actual remediation activities. Because DOD no longer owns or uses the FUDS

properties, a Corps district commander is given direct oversight responsibility for execution of environmental restoration projects.

There are about 9,302 properties identified for inclusion in the

FUDS program, hundreds of which could be categorized as former

ranges. Unfortunately, there are significant funding shortfalls

within the FUDS program, which makes it difficult to execute

much needed remediation projects at these sites. In an effort to address this problem, the Department of Defense Appropriations Act,

2001 (Public Law 106–259) included an increase of $45.0 million for

FUDS remediation. Although these additional funds should facilitate further remediation activities on FUDS properties, there remains a funding shortfall that must be comprehensively addressed

through the Department of Defense budget process. The conferees

direct the Secretary of Defense to work cooperatively with the Secretary of the Army to resolve effectively the funding shortfall in the

FUDS program.

The conferees are particularly concerned about the lack of

focus and support for remediation of former military ranges. Specifically, the conferees have been informed of potential safety and

environmental issues at the former Conway Bombing and Gunnery

Range (Range III), Horry County, South Carolina. The conferees

encourage the Secretary of the Army to move forward with remediation at such ranges in accordance with existing Department of

Army policy.

United States Army marksmanship program

The conferees believe that international marksmanship competitions are an excellent opportunity to showcase the skills of U.S.

military personnel in a sport that many countries see as a paradigm of military preparedness.

The conferees note that since 1956, the United States Army

Marksmanship Unit, including active and reserve participants,

have made a significant contribution to the success of U.S. marksmanship teams. Since the 1988 Olympic Games, reserve component

participation on the Department of Defense (DOD) contingent on

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U.S. shooting teams has averaged nearly one half of all DOD team

members. The conferees urge the Secretary of Defense to review

the current Army Marksmanship program in order to maintain

adequate opportunities for reserve component personnel to participate in future international marksmanship events.

Water quality issues at installations in Kaiserslautern, Germany

The conferees are concerned about contamination at approximately 36 locations recently identified on, or near, military installations supporting the missions of the U.S. Army and the U.S. Air

Force in the area of Kaiserslautern, Germany. The conferees recognize the effort of the Secretaries of the Army and the Air Force to

work cooperatively with local German authorities to resolve matters relating to environmental contamination of the water supply

that supports the military installations and civilians in the area of

Kaiserslautern, Germany. The conferees direct the Secretaries of

the Army and Air Force to assess jointly the nature and extent of

the water contamination issue, and develop a plan for the completion of remediation and restoration, to include related costs. The

conferees direct the secretaries concerned to submit their findings

and recommendations concurrent with the submission of the budget request for fiscal year 2002.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Authorization of Appropriations

Authorization of appropriations (secs. 301–302)

The House bill contained provisions (secs. 301–302) that would

authorize the recommended fiscal year 2001 funding levels for all

operations and maintenance and working capital fund accounts.

The Senate amendment contained similar provisions.

The conference agreement includes these provisions.

Armed Forces Retirement Home (sec. 303)

The House bill contained a provision (sec. 303) that would authorize $69,832,000 from the Armed Forces Retirement Home

Trust Fund to be appropriated for the operation of the Armed

Forces Retirement Homes.

The Senate amendment contained an identical provision (sec.

303).

The conference agreement includes this provision.

Transfer from National Defense Stockpile Transaction Fund (sec.

304)

The House bill contained a provision (sec. 304) that would authorize the Secretary of Defense to transfer not more than $150.0

million from the amounts received from sales in the National Defense Stockpile Transaction Fund to the operations and maintenance accounts of the military services.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

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Joint warfighting capabilities assessment teams (sec. 305)

The Senate amendment contained a provision (sec. 312) that

would authorize $4.0 million in operation and maintenance for defense-wide activities for the Joint Staff be made available for the

sole purpose of improving the performance of the joint warfighting

capabilities assessment teams of the Joint Requirements Oversight

Council.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Subtitle B—Environmental Provisions

Establishment of additional environmental restoration account and

use of accounts for operation and monitoring of environmental

remedies (sec. 311)

The Senate amendment contained a provision (sec. 341) that

would amend section 2703 of title 10, United States Code, to designate an account for formerly used defense sites within the Environmental Restoration Account (ERA), and to ensure that all site

closeout activities would be funded by an appropriate ERA.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Certain environmental restoration activities (sec. 312)

The House bill contained a provision (sec. 313) that would authorize the Secretary of Defense or the secretaries of the military

departments to use funds available in the environmental restoration accounts (ERA), pursuant to section 2703 of title 10, United

States Code, to permanently relocate facilities. The authorization

would be subject to secretarial determination that permanent relocation was the most cost effective environmental restoration option

and would sunset in three years. The provision would also limit the

total funds available to five percent of the funds deposited in an

ERA for a fiscal year.

The Senate amendment contained a similar provision (sec.

346), but made the authorization contingent upon a secretary’s

written determination that such permanent relocation is part of a

response action that: (1) has the support of the affected community;

(2) has the approval of relevant regulatory agencies; and (3) is the

most cost effective response action available. The authority would

terminate after September 30, 2003, and be subject to a five percent funding cap within each fiscal year for the funds available

under section 2703. The secretary concerned would also be required

to provide an annual report to the congressional defense committees on each response action for which there has been a written determination made under this provision.

The Senate recedes with a technical amendment.

The conferees expect the Department of Defense to use this authority judiciously, and to ensure that funds are used only for legitimate environmental restoration priorities. Moreover, the conferees intend that this provision will allow for a flexible approach

to environmental restoration at certain formerly used defense sites

where progress has been slow.

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Annual reports under Strategic Environmental Research and Development Program (sec. 313)

The Senate amendment contained a provision (sec. 343) that

would modify the current reporting requirement for the Science Advisory Board to allow for its inclusion in the annual report for the

Strategic Environmental Research and Development Program.

The House bill contained no similar provision.

The House recedes.

Payment of fines and penalties for environmental compliance at

Fort Wainwright, Alaska (sec. 314)

The Senate amendment contained a provision (sec. 342) that

would require the Secretary of Defense or the secretaries of the

military departments to seek congressional authorization prior to

paying any fine or penalty imposed by a Federal agency for an environmental compliance violation if the fine or penalty amount

agreed to is $1.5 million or more. Supplemental environmental

projects carried out as part of fine or penalty for amounts $1.5 million or more and agreed to after the enactment of this Act would

also require specific authorization by law.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary of Defense or the Secretary of the Army to pay no

more than $2.0 million in settlement for a $16.07 million notice of

violation issued on March 5, 1999, by the Administrator of the Environmental Protection Agency at Fort Wainwright, Alaska.

The conferees note that a number of questions have been

raised about the manner in which environmental compliance fines

and penalties are assessed by state and federal enforcement authorities. Therefore, the conferees direct the Secretary of Defense

to submit a report to the congressional defense committees no later

than March 1, 2002, that includes an analysis of all environmental

compliance fines and penalties assessed and imposed at military facilities during fiscal years 1995 through 2001. The analysis shall

address the criteria or methodology used by enforcement authorities in initially assessing the amount of each fine and penalty. Any

current or historical trends regarding the use of such criteria or

methodology shall be identified.

Payment of fines or penalties imposed for environmental compliance

violations at other Department of Defense facilities (sec. 315)

The House bill contained a provision (sec. 311) that would authorize the payment of certain fines and penalties, or to carry out

supplemental environmental projects in accordance with section

8149 of the Department of Defense Appropriations Act for Fiscal

Year 2000. The Secretary of the Army would be specifically authorized to pay following supplemental environmental projects carried

out in satisfaction of an assessed fine or penalty: (1) $993,000 for

Walter Reed Army Medical Center, Washington, D.C.; (2) $377,250

for Fort Campbell, Kentucky; (3) $20,701 for Fort Gordon, Georgia;

(4) $78,500 for Pueblo Chemical Depot, Colorado; (5) $20,000 for

Deseret Chemical Depot, Utah. The Secretary of the Navy would

be specifically authorized to pay the following fines and penalties:

761

(1) $108,000 for Allegany Ballistics Laboratory, West Virginia; and

(2) $5,000 for Naval Air Station, Corpus Christi, Texas.

The Senate amendment contained a similar provision (sec. 344) that would authorize an additional fine of $7,975 for Fort Sam

Houston, Texas.

The House recedes with an amendment that would authorize

an additional fine of $1,650 imposed at Quantico, Virginia.

The conferees are pleased with the Army’s most recent efforts

to reduce the level of fines and penalties received.

Reimbursement for certain costs in connection with the former

Nansemond Ordnance Depot Site, Suffolk, Virginia (sec. 316)

The Senate amendment contained a provision (sec. 345) that

would authorize the Secretary of Defense to pay not more than

$98,210 from the Environmental Restoration, Formerly Used Defense Sites Account to reimburse the Nansemond Ordnance Depot

Site Special Account of the Hazardous Substance Superfund, established by the Internal Revenue Code of 1986 (26 U.S.C. 9507). The

reimbursement would be for oversight costs incurred by the U.S.

Environmental Protection Agency (EPA) on a time critical removal

action at the Former Nansemond Ordnance Depot performed by the

Department of Defense (DOD) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) (42

U.S.C. 9601 et seq.) and the Defense Environmental Restoration

Program (10 U.S.C. 2701 et seq.).

The House bill contained no similar provision.

The House recedes.

The conferees direct the Department of Defense and the military departments to continue to seek congressional authorization

prior to reimbursing EPA for any oversight costs incurred at environmental restoration sites where the DOD or the military departments have incurred liability under CERCLA.

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

The House bill contained a provision (sec. 312) that would

mandate that any environmental impact statement completed, as

of the date of the enactment of this Act, for each special use airspace designated by a military department for the performance of

low-level training flights satisfy all future requirements of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et

seq.).

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would provide,

consistent with existing law, that NEPA does not require a programmatic, nation-wide environmental impact statement for low

level flight training as a precondition to the use of any airspace by

a military department for the performance of low-level training

flights.

Ship disposal project (sec. 318)

The Senate amendment contained a provision (sec. 347) that

would direct the Secretary of the Navy to continue to carry out a

ship disposal project in fiscal year 2001 and to use competitive conVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00791 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.234 pfrm03 PsN: HR945
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tracting procedures to award task orders within the ship disposal

project. The provision would also direct the Secretary to submit,

not later than December 31, 2000, a report to the congressional defense committees on the ship disposal project.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Defense Environmental Security Corporate Information Management Program (sec. 319)

The Senate amendment contained a provision (sec. 348) that

would direct the Secretary of Defense to submit, not later than 60

days after the date of the enactment of this Act, a report to the

congressional defense committees on the Defense Environmental

Security Corporate Information Management (DESCIM) Program.

The report would contain specific recommendations regarding the

future mission of the DESCIM Program and address issues of concern within the Department of Defense.

The House bill contained no similar provision.

The House recedes with an amendment that would direct the

Chief Information Officer of the Department of Defense (DOD) to

ensure management and oversight of the DESCIM program consistent with: the Clinger-Cohen Act of 1996 (42 U.S.C. 1401 et

seq.); section 331(a) of the National Defense Authorization Act for

Fiscal Year 1999 (10 U.S.C. 2223); DOD Directives 5000.1, 5000.2–

R, 5237.1; and all other statutes, directives, regulations, and management controls that are applicable to investments in information

technology and related services.

The conferees remain concerned about evidence of mismanagement of the DESCIM program. The conferees note the nominal return on an investment of about $100.0 million.

Report on Plasma Energy Pyrolysis System (sec. 320)

The Senate amendment contained a provision (sec. 349) that

would require the Secretary of the Army to submit, not later than

October 1, 2000, a report to the congressional defense committees

that includes the Army’s analysis and recommendations regarding

future applications for both phases of the Plasma Energy Pyrolysis

System (PEPS) technology (PE 62720A).

The House bill contained no similar provision.

The House recedes with an amendment that would change the

date for submission of the report to February 1, 2001.

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

The House bill contained a provision (sec. 314) that would express the sense of Congress that every effort should be made to

apply all known public and private sector innovative technologies

to restore the Santa Clarita site to productive use.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strike the

original findings.

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Subtitle C—Commissaries and Nonappropriated Fund

Instrumentalities

Use of appropriated funds to cover operating expenses of commissary stores (sec. 331)

The House bill contained a provision (sec. 321) that would authorize the Defense Commissary Agency to use appropriated funds

to cover expenses of operating stores and central product processing facilities.

The Senate amendment contained no similar provision.

The Senate recedes.

Adjustment of sales prices of commissary store goods and services

to cover certain expenses (sec. 332)

The House bill contained a provision (sec. 322) that would require the Defense Commissary Agency to adjust prices of goods and

services to cover losses from shrinkage, spoilage, and pilferage, as

well as the cost of first destination transportation.

The Senate amendment contained no similar provision.

The Senate recedes.

Use of surcharges for construction and improvement of commissary

stores (sec. 333)

The House bill contained a provision (sec. 323) that would authorize the Secretary of Defense to use proceeds solely from the

commissary surcharge for acquisition, construction, conversion, expansion, improvement, repair, maintenance, and equipping commissaries or to cover environmental evaluation and construction

costs, including surveys and similar expenses related to commissary construction.

The Senate amendment contained no similar provision.

The Senate recedes.

Inclusion of magazines and other periodicals as an authorized commissary merchandise category (sec. 334)

The House bill contained a provision (sec. 324) that would add

magazines and other periodicals as an authorized merchandise category for sale in commissaries.

The Senate amendment contained no similar provision.

The Senate recedes.

The conferees direct the Secretary of Defense to promulgate

policy guidance that would limit the display of magazines and

other periodicals in commissaries to the immediate area of the

checkout lanes.

Use of most economical distribution method for distilled spirits (sec.

335)

The House bill contained a provision (sec. 325) that would authorize military exchanges to use private distributors to distribute

distilled spirits in those cases in which such an option is determined to be the most cost-effective means of distribution.

The Senate amendment contained an identical provision (sec

369).

The conference agreement includes this provision.

764

Report on effects of availability of slot machines on United States

military installations overseas (sec. 336)

The House bill contained a provision (sec. 326) that would require the Secretary of Defense to submit to the Congress, not later

than March 31, 2001, a report evaluating the effect of the ready

availability of slot machines as a morale, welfare and recreation activity on United States military installations overseas on members

of the armed forces, their dependents, and others who use the slot

machines.

The Senate amendment contained no similar provision.

The Senate recedes.

Subtitle D—Department of Defense Industrial Facilities

Designation of Centers of Industrial and Technical Excellence and

public-private partnerships to increase utilization of such centers (sec. 341)

The Senate amendment contained a provision (sec. 332) that

would amend section 2474 of title 10, United States Code, to devolve the authority to designate the depot-level activities of the Department of Defense and the military departments to the respective

secretaries of the military departments, including the arsenals and

ammunition plants of the U.S. Army. The provision would also expand the activities authorized to be conducted at these centers by

employees of the center, the private sector, or other entities outside

the Department of Defense, to include the performance of work

under contract, or subcontract, in any of the core competencies of

the center; the performance of other depot-level maintenance and

repair related to the core competencies at the center; or other work

by the private sector that is not related to the core competencies

of the center that requires the use of any facility or equipment of

the center that are not fully utilized by a military department for

its own production and maintenance requirements. The full costs

of work performed by the employees of the center under contract

from the private sector must be charged to the contract. Any revenues generated, by rents or through other mechanisms, by private

sector use of facilities and equipment at these centers would be

available to offset the costs of facility operations, maintenance, and

environmental restoration at the center where the leased property

is located. The provision would also include a loan guarantee program to encourage the private sector to participate in the publicprivate partnerships established in the centers.

The House bill contained no similar provision.

The House recedes with an amendment that would not include

ammunition plants or arsenals under section 2474. The amendment would also authorize, rather than require, the secretary of a

military department to allow centers to enter into public-private

partnerships. Furthermore, the amendment would limit the work

conducted at a center to work that is related to the core competencies of the center. Finally, rather than authorize a new loan

guarantee program, the amendment would require the Secretary of

Defense to provide the Congress with a report on the extent to

which a loan guarantee program modeled after the loan guarantee

765

program in the Armament Retooling and Manufacturing Support

Program would help to achieve the objectives of section 2474.

Unutilized and underutilized plant-capacity costs of United States

arsenals (sec. 342)

The Senate amendment contained a provision (sec. 335) that

would prohibit the inclusion of the cost of unutilized or under utilized plant capacity in the evaluation of bids for the contracting of

the arsenal to provide a good or service to a U.S. Government organization.

The House bill had no similar provision.

The House recedes with a technical amendment.

Arsenal support program initiative (sec. 343)

The House bill contained a provision (sec. 113) that would extend the Armament Retooling and Manufacturing Support (ARMS)

program by one year and authorize the Army manufacturing arsenals to take part in the program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would establish

a separate two year arsenal support demonstration program with

authorities similar to those provided by the ARMS program.

Codification and improvement of armament retooling and manufacturing support programs (sec. 344)

The Senate amendment contained a provision (sec. 331) that

would amend Part IV of subtitle B of title 10, United States Code,

to make certain changes and codify the Armament Retooling and

Manufacturing Support (ARMS) Initiative. The provision would expand the objectives of the program to include a reduction of the

cost of ownership and/or disposal of ammunition plants, to enhance

best business practices, and foster cooperation with the private sector at these facilities. The provision would also make it easier for

non-federal entities to use excess capacity at these facilities, and

offset the costs to the Federal Government of ownership by allowing revenues generated through private sector use to be applied to

overhead and production costs.

The House bill contained no similar provision.

The House recedes with an amendment that would not further

expand the use of the ARMS program to excess facilities or allow

an ARMS facility to use contracts, leases, or other agreements for

activities not traditionally associated with the ARMS program, unless approved by the Secretary of the Army.

Subtitle E—Performance of Functions by Private-Sector Sources

Inclusion of additional information in reports to Congress required

before conversion of commercial or industrial type functions to

contractor performance (sec. 351)

The House bill contained a provision (sec. 331) that would require the Secretary of Defense to provide the Congress with additional information before converting commercial or industrial functions to contractor performance. The additional information would

include a certification that funds are specifically budgeted for conVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00795 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.237 pfrm03 PsN: HR945
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version analysis, the date on which the analysis was initiated, and

the number of Department of Defense civilians that would be adversely affected by the proposed conversion.

The Senate amendment contained a similar provision (sec.

366(b)).

The Senate recedes with an amendment that would require the

Secretary of Defense to identify the funding source for the conversion analysis and the number of Department of Defense civilians

who will be terminated or otherwise affected by the proposed conversion. The amendment would also require the Secretary to include the estimated economic impact of the change and a certification that the factors considered in the examinations performed,

and the decisions made, did not include any predetermined personnel constraint or limitation in terms of man-years, end strength,

full-time equivalent positions, or maximum number of employees.

Effects of outsourcing on overhead costs of Centers of Industrial and

Technical Excellence and Army ammunition plants (sec. 352)

The Senate amendment contained a provision (sec. 333) that

would require the Secretary of Defense to submit a report to Congress 30 days prior to entering into a contract that would result in

moving workload performed by 50 or more employees from a center

or ammunition plant. The report should describe the impact of any

reduction in workload at a center or ammunition plant as a result

of a contract and describe the overhead costs of that facility.

The House bill contained no similar provision.

The House recedes with an amendment that would increase

the waiting period from 30 to 60 days.

Consolidation, restructuring, or re-engineering of Department of Defense organizations, functions, or activities (sec. 353)

The House bill contained a provision (sec. 364) that would prohibit the Secretary of Defense from initiating manpower reductions

at organizations or activities, or within functions, that are commercial, commercial exempt from competition, military essential, or inherently governmental until the Secretary submits a report to Congress outlining the elements to be analyzed, the location and a description of the elements, the number of civilian or military personnel that would be affected, the cost of performance, and a certification that the decision is not the result of predetermined constraints or limitations on Department of Defense personnel. The

provision would also require the Secretary of Defense to submit to

the Armed Services Committees of the Senate and the House of

Representatives a report on any decision on consolidation or re-engineering if such action would eliminate 11 or more positions. The

provision would also require the Comptroller General to review and

to audit the findings of the Secretary of Defense.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary of Defense to provide annually to Congress the Department’s Strategic Sourcing Plan. The provision would also require

that the Secretary of Defense provide a report to Congress outlining the results of the analysis performed for those elements

when an action would result in a manpower reduction affecting 50

767

or more personnel. The Secretary could not implement the results

of the analysis until 30 days after providing the Congress with the

required report. This provision would not apply to the transfer of

military units between locations.

Monitoring of savings resulting from workforce reductions as part

of conversion of functions to performance by private sector or

other strategic sourcing initiatives (sec. 354)

The Senate amendment contained a provision (sec. 366) that

would require the Secretary of Defense to establish a system for

monitoring the performance of functions of the Department of Defense that are performed by 50 or more employees of the Department and have been subjected to a review to determine whether

the function should be performed by federal employees or a private

sector workforce. The provision would also establish three performance measures, including the costs incurred, the savings derived,

and the value of the performance by the selected workforce measured against the costs of the performance of the workload by the

workforce at the beginning of the review. The provision would also

require the Secretary of Defense to provide to the Congress with

an annual report that outlines the results of the performance reviews conducted over the previous years.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

report provided by the Secretary of Defense to the Congress regarding the results of past performance reviews to include those reviews conducted over the previous five years. The report would

compare the costs to perform the function before and after the review, and the anticipated savings from the review to the actual

savings realized.

Performance of emergency response functions at chemical weapons

storage installations (sec. 355)

The Senate amendment contained a provision (sec. 364) that

would prohibit the Secretary of the Army from converting to contractor performance the emergency response functions of any chemical weapons storage installation currently performed by U.S. Government employees until the Secretary provides a certification to

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

Representatives.

The House bill contained no similar provision.

The House recedes with an amendment that reiterates the responsibility of the Secretary to enforce section 2465 of title 10,

United States Code.

Suspension of reorganization or relocation of Naval Audit Service

(sec. 356)

The Senate amendment contained a provision (sec. 367) that

would require the Secretary of the Navy to provide the congressional defense committees a report outlining the plans and justification for the reorganization of the Naval Audit service 60 days

before consolidating the functions of the service currently performed at its primary East and West Coast locations to Washington, DC.

768

The House bill contained no similar provision.

The report accompanying H.R. 4205 (House Report 106–616)

directed the Secretary to wait 180 days before consolidating all activities in Washington.

The House recedes with an amendment that would require the

Secretary to wait 180 days before proceeding with the consolidation.

Subtitle F—Defense Dependents Education

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

in Puerto Rico (sec. 361)

The House bill contained a provision (sec. 342) that would authorize the Secretary of Defense to permit the dependents of certain American Red Cross employees in Puerto Rico to enroll in Department of Defense Domestic Dependent Schools.

The Senate amendment contained a similar provision (sec.

1053).

The Senate recedes with a clarifying amendment.

Assistance to local educational agencies that benefit dependents of

members of the armed forces and Department of Defense civilian employees (sec. 362)

The House bill contained a provision (sec. 341) that would authorize $35.0 million for educational assistance to local educational

agencies where the standard for the minimum level of education

within the state could not be maintained because of the large number of military connected students.

The Senate amendment contained no similar provision.

The Senate recedes.

Impact aid for children with severe disabilities (sec. 363)

The Senate amendment contained a provision (sec. 311) that

would authorize $20.0 million in Operation and Maintenance, Defense-wide activities for impact aid payments for children with disabilities under section 8003(d) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7703(d)).

The House bill contained no similar provision.

The House recedes with an amendment that would, effective

October 1, 2001, establish a formula under which the Secretary of

Defense would distribute funds, if appropriated for that purpose,

for impact aid for disabled children.

Assistance for maintenance, repair, and renovation of school facilities that serve dependents of members of the Armed Forces and

Department of Defense civilian employees (sec. 364)

The Senate amendment contained a provision (sec. 379) that

would authorize the Secretary of Defense to make a grant to an eligible local educational agency to assist the agency in maintenance,

repair, and renovation projects.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

authorization to fiscal year 2001.

769

Subtitle G—Military Readiness Issues

Measuring cannibalization of parts, supplies, and equipment under

readiness reporting system (sec. 371)

The House bill contained a provision (sec. 351) that would

amend section 117 of title 10, United States Code, to include equipment cannibalization rates in the quarterly readiness reports to

Congress. The provision would also require the monthly readiness

report to include a description of the funding proposed in the President’s budget request to address each deficiency in readiness identified during the joint readiness review conducted for the first quarter of the current fiscal year.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would amend section 117 of title 10, United States Code, to include cannibalization

rates. The requirement for the Secretary of Defense to outline the

funding proposed in the President’s budget request to address each

deficiency in readiness identified during the joint readiness review

is addressed elsewhere in this conference agreement.

Reporting requirements regarding transfers from high-priority readiness appropriations (sec. 372)

The House bill contained a provision (sec. 352) that would include Combat Enhancement Forces and Combat Communications

as high priority appropriations to be included in reports required

by section 483 of title 10, United States Code, and require that

other appropriations involved in transfers to, or transfers from,

high priority accounts be identified in those same reports. The provision would also strike the termination date for this report.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Effects of worldwide contingency operations on readiness of military

aircraft and equipment (sec. 373)

The Senate amendment contained a provision (sec. 361) that

would require the Secretary of Defense to submit a report to Congress on the effects of worldwide contingency operations on the aircraft of the Navy, Marine Corps, and Air Force, and the ground

equipment of the Army and Marine Corps. The report shall include

the assessment of the Secretary of the effects of such operations on

the ability of the Department of Defense to maintain a high level

of readiness.

The House bill contained no similar provision.

The House recedes with an amendment that would include the

effect that contingency operations are having on the readiness of

the aircraft and the ground equipment of each of the military services.

Identification of requirements to reduce backlog in maintenance and

repair of defense facilities (sec. 374)

The House bill contained a provision (sec. 353) that would require the Secretary of Defense to develop and annually update a

strategic plan for the reduction of the backlog in real property

maintenance.

770

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary to identify the funds necessary to reduce the backlog of

real property maintenance and report that requirement to the Congress.

New methodology for preparing budget requests to satisfy Army

readiness requirements (sec. 375)

The Senate amendment contained a provision (sec. 362) that

would require the Secretary of the Army to develop a new methodology to be used in preparing a budget request that more accurately reflects the Army’s requirements. This methodology should

be based on the level of training required to maintain essential

readiness, the cost of conducting such training, and the cost of all

other Army operations, including the cost of meeting its infrastructure requirements. This methodology should be used in the preparation of the fiscal year 2002 budget request.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Review of AH–64 aircraft program (sec. 376)

The Senate amendment contained a provision (sec. 378) that

would require the Comptroller General to conduct a study of the

Army’s AH–64 aircraft program to determine if the readiness of the

program is adversely affected by lack of funding for modern parts,

upgrades, and technical support.

The House bill contained no similar provision.

The House recedes.

Report on Air Force spare and repair parts program for C–5 (sec.

377)

The Senate amendment contained a provision (sec. 1027) that

would require the Secretary of the Air Force to submit a report to

the congressional defense committees on the overall status of the

spare and repair parts program of the Air Force for the C–5 aircraft.

The House amendment contained no similar provision.

The House recedes.

Subtitle H—Other Matters

Annual report on public sale of certain military equipment identified on United States Munitions List (sec. 381)

The House bill contained a provision (sec. 362) that would require the Secretary of Defense to provide an annual report to the

Committees on Armed Services of the Senate and the House of

Representatives identifying each public sale conducted by a military department or defense agency of military items that are identified on the United States Munitions List 22 C.F.R. 121.1, and assigned a demilitarization code of B or its equivalent.

The Senate amendment contained no similar provision.

The Senate recedes.

771

Resale of armor-piercing ammunition disposed of by the Army (sec.

382)

The Senate amendment contained a provision (sec. 370) that

would require the Secretary of the Army to ensure that excess

armor-piercing ammunition that is not transferred to law enforcement or other governmental agencies or made available for foreign

military sales, is not sold to the public. The requirement would not

apply to the non-armor-piercing components of that ammunition,

but such components could not be used to produce armor-piercing

ammunition for sale to civilian purchasers.

The House had no similar provision.

The House recedes.

Reimbursement by civil air carriers for support provided at Johnston Atoll (sec. 383)

The Senate amendment contained a provision (sec. 373) that

would authorize the Secretary of the Air Force to require reimbursement by a civil air carrier for support provided by the United

States to that carrier at Johnston Atoll that is either requested by

the carrier, or determined to be necessary to accommodate the carrier’s use of Johnston Atoll. The reimbursement shall be equal to

the actual costs incurred by the United States, and shall be credited to either Air Force operation and maintenance accounts or to

the Army chemical demilitarization accounts.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Travel by Reserves on military aircraft (sec. 384)

The Senate amendment contained a provision (sec. 692) that

would authorize reservists traveling to a place of annual training

or inactive duty training to travel space-required on military aircraft between the member’s home and the place of such duty or

training, and would make reservists eligible for space-available

travel on military aircraft for travel outside the United States.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify that

the space-required travel in conjunction with training or reserve

duty is both to and from their home, and that would not permit reservists to use space-available travel on military aircraft.

Overseas airlift service on Civil Reserve Air Fleet aircraft (sec. 385)

The Senate amendment contained a provision (sec. 376) that

would amend section 41106 of title 49, United States Code, to require that the Department of Defense (DOD) procure transportation from air carriers with aircraft in the Civil Reserve Air Fleet

for travel from a place in the United States to a place outside the

United States, and to the extent practicable, between two locations

outside the United States.

The House bill contained no similar provision.

The House recedes with a technical amendment.

772

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

and secondary items (sec. 386)

The Senate amendment contained a provision (sec. 363) that

would amend section 349 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261) by including specific requirements for monitoring and measuring implementation of the plan to ensure visibility over in-transit inventory

items. The requirements would include the assignment of oversight

responsibility for each action required to address weaknesses in the

controls over in-transit items, a description of the resources required for oversight, and an estimate of the annual cost of oversight.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Reauthorization of pilot program for acceptance and use of landing

fees charged for use of domestic military airfields by civil aircraft (sec. 387)

The Senate amendment contained a provision (sec. 372) that

would extend through fiscal year 2010 the authority of the service

secretary concerned to accept payments for the use of domestic

military and shared use airfields by civil aircraft and to use those

payments for the operation and maintenance of the airfield.

The House bill contained no similar provision.

The House recedes.

Extension of authority to sell certain aircraft for use in wildfire suppression (sec. 388)

The Senate amendment contained a provision (sec. 375) that

would extend through fiscal year 2005 the authority of the Secretary of Defense to sell excess aircraft and spare parts to persons

or entities that contract with the Federal Government for the delivery of fire retardant by air in order to suppress wildfires.

The House bill contained no similar provision.

The House recedes.

Damage to aviation facilities caused by alkali silica reactivity (sec.

389)

The Senate amendment contained a provision (sec. 371) that

would require the Secretary of Defense to test the use of lithium

salts to preserve runway integrity and provide the congressional

defense committees with a report outlining its success in mitigating

the impact of alkali silica reactivity (ASR).

The House bill contained no similar provision.

The House recedes with an amendment that would require a

pilot program to review the problems of ASR at environmentally diverse facilities of the military services.

Demonstration project to increase reserve component internet access

and services in rural communities (sec. 390)

The Senate amendment contained a provision (sec. 314) that

would authorize a demonstration project for the National Guard to

provide internet access to government offices in rural areas.

The House bill contained no similar provision.

773

The House recedes with an amendment that would authorize

the National Guard to provide internet access to Guard and other

military reserve offices in rural areas. The provision would also require the Secretary of the Army to provide the congressional defense committees with a report and recommendations regarding the

expansion of this demonstration project to other offices.

Additional conditions on implementation of Defense Joint Accounting System (sec. 391)

The Senate amendment contained a provision (sec. 380) that

would postpone the milestone III decision to field the Defense Joint

Accounting System (DJAS) until the Secretary of Defense conducts

an analysis of the requirement for the DJAS and certifies to Congress that this warrants deployment.

The House bill amendment contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to outline more specifically the need for the

System.

The conferees note that this provision would supercede the direction provided by House report accompanying H.R. 4204 (H.

Rept. 106–616).

Report on Defense Travel System (sec. 392)

The Senate amendment contained a provision (sec. 377) that

would require the Secretary of Defense to submit a report on the

development, fielding, schedule, and potential cost savings expected

to result from the deployment of the Defense Travel System.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the

limitation on the use of funds for this system. The conferees direct

the Secretary of Defense to submit a prior notification reprogramming to the congressional defense committees before the transfer of

any funds for this program.

Review of Department of Defense costs of maintaining historical

properties (sec. 393)

The Senate amendment contained a provision (sec. 374) that

would require the Comptroller General to conduct a review of the

annual costs incurred by the Department of Defense in complying

with the requirements of the National Historic Preservation Act

(NHPA) (16 U.S.C. 470 et seq.). The provision would require the

Comptroller General to provide the congressional defense committees with a report of the results of the review, including the projected costs of maintaining these properties over the next 10 years,

an analysis of maintaining only those properties which originally

qualified as historic properties when the NHPA was first enacted,

the accounts used for paying the costs to comply with the NHPA,

and the identity of all properties that must be maintained in order

to comply with the NHPA.

The House bill contained no similar provision

The House recedes.

774

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to ensure demilitarization of significant military equipment formerly owned by the Department of Defense

The House bill contained a provision (sec. 361) that would authorize the Secretary of Defense to require the owner of significant

military equipment formerly owned by the Department of Defense

to demilitarize that equipment or return it to the Department of

Defense for demilitarization.

The Senate amendment had no similar provision.

The House recedes.

The conferees note that although the provision intended to address congressional concerns regarding the release of un-demilitarized military equipment to the public by the Department of Defense, the provision could have serious unintended consequences for

legitimate owners of former military equipment, such as museums

and ceremonial display organizations. The conferees direct the Secretary of Defense to reassess its approach for the recovery of undemilitarized military equipment in a way that will not affect legitimate owners of former military equipment.

Close-in weapon system overhauls

The Senate amendment contained a provision (sec. 319) that

would provide $391.8 million for weapons maintenance including

$10.0 million for close-in weapon system overhauls.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize $10.0 million in the operation

and maintenance account of the Navy for overhauls of the close-in

weapon system.

Industrial mobilization capacity at government-owned, governmentoperated army ammunition facilities and arsenals

The Senate amendment contained a provision (sec. 318) that

would provide $51.28 million to fund the cost of maintaining the

industrial mobilization capacity at Army ammunition facilities and

arsenals.

The House bill contained no similar provision.

The Senate recedes.

Investment of commissary trust revolving fund

The Senate amendment contained a provision (sec. 368) that

would authorize the Secretary of Defense to invest a portion of the

Commissary Trust Revolving Fund in public debt securities.

The House bill contained no similar provision.

The Senate recedes.

MK–45 overhaul

The Senate amendment contained a provision (sec. 317) that

would authorize the expenditure of $12.0 million for the overhaul

of MK–45 five inch guns.

The House bill had no similar provision.

The Senate recedes on the provision.

775

The conferees agree to authorize $12.0 million for the overhaul

of these guns in the Navy’s operation and maintenance account.

Mounted urban combat training site, Fort Knox

The Senate amendment contained a provision (sec. 316) that

would authorize the expenditure of $4.0 million for training range

upgrades at the mounted urban combat training site, Fort Knox,

Kentucky.

The House bill had no similar provision.

The Senate recedes.

National Guard assistance for certain youth and charitable organizations

The House bill contained a provision (sec. 365) that would

amend section 508 of title 32, United States Code, to include other

youth or charitable organizations designated by the Secretary of

Defense among those organizations eligible to receive assistance

from the National Guard.

The Senate amendment contained no similar provision.

The House recedes.

Notice of use of radio frequency spectrum by a system entering engineering and manufacturing development

The Senate bill contained a provision (sec. 365) that would require the Secretary of Defense to submit a report to the congressional defense committees before a new weapon system is acquired

that would outline the frequency that the system will use. The report would also include a statement of whether the Department is

designated as the primary user of that frequency and, if not, the

unique technical characteristics that make it necessary to use that

particular frequency, and a description of the protections that the

Department of Defense has been given to ensure that it will not

incur costs as a result of current or future interference from other

users of that particular frequency.

The House amendment contained no similar provision.

The Senate recedes.

The conferees are concerned that in the past the Department

of Defense has pursued the development of weapons systems utilizing portions of the radio frequency spectrum that are not designated for military use. This can lead to unintended interference

between that system and a commercial system licensed to use the

same frequency. This interference could then result in operational

constraints, or expensive redesign of the weapon system.

The conferees note that the Department of Defense is implementing new procedures that are designed to ensure adequate coordination of the military services’ efforts to develop new systems

so that past problems with frequency interference do not take

place. The conferees direct the Comptroller General to review these

procedures and their implementation and provide the Armed Services Committees of the Senate and the House of Representatives

with a report outlining the extent to which they will prevent interference that would result in operational constraints or expensive

redesigns.

776

Revision of authority to waive limitation on performance of depotlevel maintenance

The Senate bill contained a provision (sec. 334) that would

amend section 2466 of title 10, United States Code, to require the

President of the United States, rather than the secretary of the respective military department, to waive the 50 percent depot maintenance requirement for reasons of national security.

The House amendment contained no similar provision.

The Senate recedes.

The conferees are concerned that the Secretary of the Air Force

has not taken the actions necessary to ensure the Air Force complies with the requirement contained in section 2466 of title 10,

United States Code, that 50 percent of all depot maintenance funds

of a military department be spent on depot maintenance services

provided by employees of the Federal Government. The conferees

believe that this requirement is essential to maintain the core

maintenance capability necessary to preserve a ready and controlled source of repair and maintenance.

Spectrum data base upgrades

The Senate amendment contained a provision (sec. 320) that

would provide a decrease of $10.0 million for spectrum data base

upgrades.

The House bill contained no similar provision.

The Senate recedes.

Use of humanitarian and civic assistance funding for pay and allowances of special operations command reserves furnishing

demining training and related assistance as humanitarian assistance

The Senate bill contained a provision (sec. 322) that would authorize pay and allowances from within funds for the overseas humanitarian, disaster, and civic assistance account, for reserve

members of the Special Operations Command when these reservists perform humanitarian demining activities.

The House amendment contained no similar provision.

The Senate recedes.

Weatherproofing of facilities at Keesler Air Force Base

The Senate amendment contained a provision (sec. 313) that

would authorize the expenditure of $2.8 million for the weatherproofing of facilities at Keesler Air Force Base.

The House bill contained no similar provision.

The Senate recedes on the provision.

The conferees agree to authorize $2.8 million in the Air Force

operation and maintenance account for the weatherproofing of

these facilities.

777

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

ITEMS OF SPECIAL INTEREST

Funding for Army Reserve Individual Mobilization Augmentees

The conferees are aware that projected fiscal year 2001 funding shortfalls within the Army Reserve have required that limitations be placed on the number of days that Individual Mobilization

Augmentees (IMA) may serve on active duty. The conferees are

also aware that many Army Reserve IMAs serve extended training

tours in active component staffs and units, and that the imposed

limits will significantly reduce, in some cases by as much half, the

amount of support that IMAs may provide to the active Army. Believing that IMAs provide significant, critical support to the active

Army, the conferees strongly urge the Secretary of the Army to address the funding shortfall expeditiously, either by transferring active military personnel funding to reserve personnel accounts, or by

other means the Secretary considers appropriate.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Active Forces

End strengths for active forces (sec. 401)

The House bill contained a provision (sec. 401) that would authorize active duty end strengths for fiscal year 2001, as shown

below:

2000

authorization

2001

request

2001

recommendation

Army ...................................................................................................... 480,000 480,000 480,000

Navy ...................................................................................................... 372,037 372,000 372,642

Marine Corps ......................................................................................... 172,518 172,600 172,600

Air Force ................................................................................................ 360,877 357,000 357,000

The Senate amendment contained a similar provision (sec. 401)

that would authorize active duty end strengths for fiscal year 2001,

as shown below:

2000

authorization

2001

request

2001

recommendation

Army ...................................................................................................... 480,000 480,000 480,000

Navy ...................................................................................................... 372,037 372,000 372,000

Marine Corps ......................................................................................... 172,518 172,600 172,600

Air Force ................................................................................................ 360,877 357,000 357,000

The Senate recedes.

Revision in permanent end strength minimum levels (sec. 402)

The House bill contained a provision (sec. 402) that would revise the active duty end strength floors to reflect the end strengths

in the budget request.

The Senate amendment contained no similar provision.

The Senate recedes.

778

Adjustment to end strength flexibility authority (sec. 403)

The House bill contained a provision (sec. 403) that would authorize the secretary of a military department to reduce active duty

end strength below the floors when the authorized end strength is

equal to or higher than the minimum end strength level.

The Senate amendment contained no similar provision.

The Senate recedes.

Subtitle B—Reserve Forces

End strengths for Selected Reserve (sec. 411)

The House bill contained a provision (sec. 411) that would authorize Selected Reserve end strengths for fiscal year 2001, as

shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 350,000 350,000 350,706

Army Reserve ........................................................................................ 205,000 205,000 205,300

Navy Reserve ......................................................................................... 90,288 88,900 88,900

Marine Corps Reserve ........................................................................... 39,624 39,500 39,558

Air National Guard of the United States .............................................. 106,678 108,000 108,000

Air Force Reserve .................................................................................. 73,708 74,300 74,358

Coast Guard Reserve ............................................................................ 8,000 8,000 8,000

The Senate amendment contained a similar provision (sec. 411)

that would authorize Selected Reserve end strengths for fiscal year

2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 350,000 350,000 350,088

Army Reserve ........................................................................................ 205,000 205,000 205,000

Navy Reserve ......................................................................................... 90,288 88,900 88,900

Marine Corps Reserve ........................................................................... 39,624 39,500 39,558

Air National Guard of the United States .............................................. 106,678 108,000 108,022

Air Force Reserve .................................................................................. 73,708 74,300 74,300

Coast Guard Reserve ............................................................................ 8,000 8,000 8,500

The House recedes with an amendment that would authorize

Selected Reserve end strengths for fiscal year 2001, as shown

below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 350,000 350,000 350,526

Army Reserve ........................................................................................ 205,000 205,000 205,300

Navy Reserve ......................................................................................... 90,288 88,900 88,900

Marine Corps Reserve ........................................................................... 39,624 39,500 39,558

Air National Guard of the United States .............................................. 106,678 108,000 108,022

Air Force Reserve .................................................................................. 73,708 74,300 74,358

Coast Guard Reserve ............................................................................ 8,000 8,000 8,000

End strengths for Reserves on active duty in support of the reserves

(sec. 412)

The House bill contained a provision (sec. 412) that would authorize end strengths for reserves on active duty in support of the

reserves for fiscal year 2001, as shown below:

779

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 22,430 22,448 23,154

Army Reserve ........................................................................................ 12,804 12,806 13,106

Navy Reserve ......................................................................................... 15,010 14,649 14,649

Marine Corps Reserve ........................................................................... 2,272 2,203 2,261

Air National Guard of the United States .............................................. 11,157 11,148 11,148

Air Force Reserve .................................................................................. 1,134 1,278 1,336

The Senate amendment contained a similar provision (sec. 412)

that would authorize end strengths for reserves on active duty in

support of the reserves for fiscal year 2001, as shown below:

2000 authorization2001

request

2001 recommendation

Army National Guard of the United States .......................................... 22,430 22,448 22,974

Army Reserve ........................................................................................ 12,804 12,806 12,806

Navy Reserve ......................................................................................... 15,010 14,649 14,649

Marine Corps Reserve ........................................................................... 2,272 2,203 2,261

Air National Guard of the United States .............................................. 11,157 11,148 11,170

Air Force Reserve .................................................................................. 1,134 1,278 1,278

The Senate recedes with an amendment that would authorize

end strengths for reserves on active duty in support of the reserves

for fiscal year 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 22,430 22,448 22,974

Army Reserve ........................................................................................ 12,804 12,806 13,106

Navy Reserve ......................................................................................... 15,010 14,649 14,649

Marine Corps Reserve ........................................................................... 2,272 2,203 2,261

Air National Guard of the United States .............................................. 11,157 11,148 11,170

Air Force Reserve .................................................................................. 1,134 1,278 1,336

End strengths for military technicians (dual status) (sec. 413)

The House bill contained a provision (sec. 413) that would authorize the minimum level of dual status technician end strength

for fiscal year 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 23,125 22,357 23,392

Army Reserve ........................................................................................ 6,474 5,271 5,921

Air National Guard of the United States .............................................. 22,247 22,221 22,247

Air Force Reserve .................................................................................. 9,785 9,733 9,785

The Senate amendment contained a similar provision (sec. 413)

that would authorize the minimum level of dual status technician

end strength for fiscal year 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 23,125 22,357 24,728

Army Reserve ........................................................................................ 6,474 5,271 5,249

Air National Guard of the United States .............................................. 22,247 22,221 22,221

Air Force Reserve .................................................................................. 9,785 9,733 9,733

780

The House recedes with an amendment that would authorize

the minimum level of dual status technician end strength for fiscal

year 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 23,125 22,357 23,128

Army Reserve ........................................................................................ 6,474 5,271 5,921

Air National Guard of the United States .............................................. 22,247 22,221 22,247

Air Force Reserve .................................................................................. 9,785 9,733 9,785

Fiscal year 2001 limitation on non-dual status technicians (sec. 414)

The Senate amendment contained a provision (sec. 414) that

would establish numerical limits on the number of non-dual status

technicians who may be employed in the Department of Defense as

of September 30, 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 1,180 1,600 1,600

Army Reserve ........................................................................................ 1,295 1,195 1,195

Air National Guard of the United States .............................................. 342 326 326

Air Force Reserve .................................................................................. 0 0 0

The House bill contained no similar amendment.

The House recedes with an amendment that would establish

numerical limits on the number of non-dual status technicians who

may be employed in the Department of Defense as of September

30, 2001, as shown below:

2000

authorization

2001

request

2001

recommendation

Army National Guard of the United States .......................................... 1,180 1,600 1,600

Army Reserve ........................................................................................ 1,295 1,195 1,195

Air National Guard of the United States .............................................. 342 326 326

Air Force Reserve .................................................................................. 0 0 10

Increase in numbers of members in certain grades authorized to be

on active duty in support of the Reserves (sec. 415)

The House bill contained a provision (sec. 414) that would increase the control grades for reserves serving on active duty or on

full-time national guard duty in support of the reserves. The provision would authorize 20 additional colonels, 82 additional lieutenant colonels, 38 additional majors, 97 additional E–9s and 90 additional E–8s in the Air Force and 76 additional colonels, 219 additional lieutenant colonels, 178 additional majors, 221 additional E–

9s and 373 additional E–8s in the Army.

The Senate amendment contained a similar provision (sec. 415)

that would authorize 20 additional colonels, 131 additional lieutenant colonels, 107 additional majors, 96 additional E–9s and 61 additional E–8s in the Air Force and 73 additional colonels, 163 additional lieutenant colonels, 8 additional majors, 17 additional E–9s

and 83 additional E–8s in the Army.

The House recedes with an amendment that would authorize

20 additional colonels, 75 additional lieutenant colonels, 88 additional majors, 97 additional E–9s, and 76 additional E–8s in the

781

Air Force and 58 additional colonels, 148 additional lieutenant colonels, 89 additional majors, 119 additional E–9s and 228 additional

E–8s in the Army.

The conferees are concerned with the piecemeal manner in

which the reserve components are requesting increases to the control grade limits. This is the third consecutive year in which control

grade tables for reserve officers on active duty in support of the reserves have been adjusted. The conferees strongly support the initiative in the House report accompanying H.R. 4205, (H. Rept. 106–

616) to require a comprehensive approach to determining the appropriate control grade limits for each of the reserve components.

Therefore, the conferees direct the Secretary of Defense to study

the requirements and force structure of the reserves on active duty

in support of the reserves and to recommend a permanent solution

for managing grade structure for these officers. In conducting the

study, the Secretary of Defense shall include the following areas:

(1) the grade structure authorized for the active duty

forces and rationale for why the grade structure for reserves on

active duty in support of the reserves should be different;

(2) explain any differences between required force structure and authorized force structure for the controlled grades;

(3) the need for independent grade limits for each reserve

component;

(4) the potential for repealing the current grade tables in

favor of a system that would manage grades based on the

grade authorized for the position occupied by a service member; and

(5) the current mix within each reserve component of traditional reservists, dual status technicians, active component

service members and reservists on active duty in support of the

reserves in each controlled grade and how that mix for each

component might change over time under the Secretary’s recommended solution.

The conferees direct that the Secretary of Defense submit a report of findings and recommendations to the Committees on Armed

Services of the Senate and the House of Representatives not later

than March 31, 2001.

Subtitle C—Other Matters Relating to Personnel Strengths

Authority for Secretary of Defense to suspend certain personnel

strength limitations during war or national emergency (sec.

421)

The House bill contained a provision (sec. 501) that would authorize the Secretary of Defense to suspend, in time of war or national emergency, the limits on the number of personnel serving in

certain grades.

Senate amendment contained a similar provision (sec. 421).

Senate recedes with a clarifying amendment.

782

Exclusion from active component end strengths of certain reserve

component members on active duty in support of the combatant

commands (sec. 422)

The Senate amendment contained a provision (sec. 422) that

would exempt a number, limited to not more than two-tenths of

one percent of the active duty end strength of the service concerned, of reserve component members on active duty performing

special work in support of the armed forces and the combatant

commands from counting against the active component end

strengths.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

exemption to reserve component personnel below the grade of brigadier general, or in the case of the Navy, rear admiral (lower half)

who perform active duty for special work in the combatant commands and would limit the active duty time that could be exempted to not more than 270 days.

Exclusion of Army and Air Force medical and dental officers from

limitation on strengths of reserve comissioned officers in grades

below brigadier general (sec. 423)

The House bill contained a provision (sec. 512) that would exempt medical and dental officers from the calculation of the number of officers in each grade authorized to serve in an active status

in a reserve component and would make the procedures for calculating the number of officers serving in controlled grades for the reserve components consistent with the procedures used for the active component.

The Senate amendment contained a similar provision (sec.

423).

The Senate recedes with a clarifying amendment.

Authority for temporary increases in number of reserve component

personnel serving on active duty or full-time national guard

duty in certain grades (sec. 424)

The House bill contained a provision (sec. 515) that would authorize the Secretary of Defense to increase the number of reserve

members serving on active duty in support of the reserves in certain senior grades by the same percentage the Secretary is authorized to increase end strength of that force by section 115 of title

10, United States Code.

The Senate amendment contained a similar provision (sec.

424).

The House recedes with a clarifying amendment.

Subtitle D—Authorization of Appropriations

Authorization of appropriations for military personnel (sec. 431)

The House bill contained a provision (sec. 421) that would au- thorize $75,801,666,000 to be appropriated to the Department of

Defense for military personnel.

The Senate amendment contained a provision (sec. 431) that

would authorize $75,632,266,000 to be appropriated to the Department of Defense for military personnel.

783

The Senate recedes.

The conferees provide the following itemization of the increases

and decreases from the President’s budget request related to the

military personnel accounts. These increases and decreases do not

include the additional funds included in the Emergency Supplemental Act, 2000 (division B of Public Law 106–246), which is authorized elsewhere in this conference agreement.

MILITARY PERSONNEL ACCOUNTS

[Additions in millions]

Conference

agreement

ACTIVE END STRENGTH

Navy:

Add Recruiters (500) ....................................................................................................................................... 15.0

USS Houston (142) .......................................................................................................................................... 3.5

RC END STRENGTH

Army National Guard:

Add AGR’s (General Increase) ......................................................................................................................... 14.5

Add AGR’s (WMD CS Teams) .......................................................................................................................... 2.0

Army Reserve Add AGR’s (General Increase) ........................................................................................................... 10.0

Air National Guard AGR’s (WMD CS Teams) ........................................................................................................... 1.2

Air Force Reserve:

Add AGR Recruiters (50) ................................................................................................................................. 1.7

Add Red Horse AGR’s (8) ................................................................................................................................ 0.4

USMC Reserve Add AR’s (58) .................................................................................................................................. 1.9

COMPENSATION

Restructuring of basic pay tables for certain enlisted members ........................................................................... 88.0

Accelerate Buydown of Out-of-Pocket Housing Costs ............................................................................................. 25.0

Increase Minimum Dislocation Allowance ................................................................................................................ 6.0

Family subsistence supplemental allowance for low-income members ................................................................. 5.0

Revision of enlistment bonus authority ................................................................................................................... 10.0

Equity in computation of BAH for junior enlisted members ................................................................................... 10.0

Authorization of BAH for members w/out dependents on sea duty ........................................................................ 30.0

Retention bonus for members qualified in a critical military skill ........................................................................ 10.0

Participation in Thrift Savings Plan ........................................................................................................................ 1.0

Determinations of income-eligibility for special supplemental food program ........................................................ 3.0

Special duty assignment pay for enlisted members ............................................................................................... 25.0

Entitlement of Reserves not on active duty to special duty assignment pay ........................................................ 8.0

Authorization of special pay and accession bonus for pharmacy officers ............................................................. 4.0

Separation pay for twice passed-over officers ........................................................................................................ 15.0

Reimburse Pet Quarantine Fees ............................................................................................................................... 1.0

RETIREMENT

Increase maximum number of reserve retirement points ....................................................................................... 4.0

Recruiting & Retention ............................................................................................................................................. ....................

Army Enlistment/Reenlistment Bonuses .................................................................................................................. 20.0

Army Reserve College First ...................................................................................................................................... 5.0

Navy Enlistment/Reenlistment Bonuses ................................................................................................................... 20.0

USMC:

Enlistment Bonus ............................................................................................................................................ 2.0

Selective Reenlistment Bonus ......................................................................................................................... 4.0

College Fund .................................................................................................................................................... 4.4

Air Force:

Selective Reenlistment Bonus ......................................................................................................................... 29.0

College-to-USAF Enl. Program ......................................................................................................................... 6.0

AF Reserve AGR Pilot Retention Bonus .................................................................................................................... 3.8

OTHER ISSUES

Army Reserve Funeral Honors .................................................................................................................................. 2.7

Naval Reserve:

Reserve Annual Training ................................................................................................................................. 2.4

Reserve ADT (CINC Support) ........................................................................................................................... 13.4

784

MILITARY PERSONNEL ACCOUNTS—Continued

[Additions in millions]

Conference

agreement

Reserve ADT (Schools) ..................................................................................................................................... 3.0

ADSW (Voluntary Support) ............................................................................................................................... 1.0

Inactive Duty for Training Travel .................................................................................................................... 1.5

USMC Reserve Active Duty for Special Work ........................................................................................................... 3.0

Total Increases to Military Personnel Accounts ......................................................................................... 416.4

MILITARY PERSONNEL ACCOUNTS

[Reductions in millions]

Conference

agreement

End Strength Underexecution:

Army ................................................................................................................................................................. 68.8

US Marine Corps ............................................................................................................................................. 15.0

Air Force .......................................................................................................................................................... 51.7

US Marine Corps Reserve ................................................................................................................................ 0.7

Air National Guard .......................................................................................................................................... 0.9

Unemployment Compensation:

Army ................................................................................................................................................................. 2.1

Navy ................................................................................................................................................................. 1.4

US Marine Corps ............................................................................................................................................. 0.7

Air Force .......................................................................................................................................................... 0.6

Permanent Change of Station:

Navy ................................................................................................................................................................. 2.0

Army Reserve ................................................................................................................................................... 2.5

Other:

Air Force .......................................................................................................................................................... 8.7

Army Reserve ................................................................................................................................................... 2.1

Foreign Currency Fluctuation:

Army ................................................................................................................................................................. 117.0

Navy ................................................................................................................................................................. 35.0

US Marine Corps ............................................................................................................................................. 9.6

Air Force .......................................................................................................................................................... 97.6

Total Reductions Military Personnel ........................................................................................................... 416.4

LEGISLATIVE PROVISIONS NOT ADOPTED

Temporary exemption of Director of the National Security Agency

from limitations on number of Air Force officers above major

general

The Senate amendment contained a provision (sec. 425) that

would temporarily exempt the Air Force officer serving as the Director of the National Security Agency from the limitations on the

number of Air Force officers authorized to serve on active duty in

grades above major general.

The House bill contained no similar amendment.

The Senate recedes.

785

TITLE V—MILITARY PERSONNEL POLICY

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Officer Personnel Policy

Eligibility of Army and Air Force reserve colonels and brigadier

generals for position vacancy promotions (sec. 501)

The Senate amendment contained a provision (sec. 501) that

would authorize the Secretary of the Army to use a single selection

board to recommend Army Reserve colonels and brigadier generals

for assignment to vacancy positions and to recommend colonels and

brigadier generals for promotion.

The House bill contained no similar provision.

The House recedes with an amendment that would extend

similar authority to the Secretary of the Air Force.

Flexibility in establishing promotion zones for Coast Guard Reserve

officers (sec. 502)

The Senate amendment contained a provision (sec. 502) that

would authorize the Secretary of Transportation the same flexibility as secretaries of the military departments to establish promotion zones for the reserve officers based on service need.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Time for release of reports of officer promotion selection boards (sec.

503)

The Senate amendment contained a provision (sec. 503) that

would authorize the Secretary of Defense to make public the names

of officers recommended for promotion by a selection board prior to

approval of the recommendation of the board by the President.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

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

(sec. 504)

The House bill contained a provision (sec. 505) that would

amend section 612 of title 10, United States Code, to specify that

reserve officers serving on active duty may be appointed to serve

on promotion boards even though they are not on the active-duty

list.

The Senate amendment contained no similar provision.

The Senate recedes.

Authority to issue posthumous commissions in case of members

dying before official recommendation for appointment or promotion is approved by Secretary concerned (sec. 505)

The House bill contained a provision (sec. 502) that would clarify that the secretary concerned may confer posthumous commissions in cases where military members die prior to approval of an

official recommendation for appointment or promotion.

The Senate amendment contained a similar provision (sec.

504).

786

The Senate recedes.

Technical corrections relating to retired grade rule for Army and

Air Force officers (sec. 506)

The House bill contained a provision (sec. 503) that would

eliminate conflicting provisions regarding the time-in-grade requirement to retire at the current grade held by a reserve component officer.

The Senate amendment contained a similar provision (sec.

509).

The House recedes.

Grade of chiefs of reserve components and directors of National

Guard components (sec. 507)

The Senate amendment contained a provision (sec. 510) that

would require the secretaries of the military departments to, within

90 days of enactment of this Act, increase the grade of the Chief

of Army Reserve, Chief of Naval Reserve, Chief of Air Force Reserve, Director of Army National Guard and Director of Air National Guard to lieutenant general or, in the case of the Navy, vice

admiral.

The House bill contained no similar provision.

The House recedes with an amendment that would include the

Commander, Marine Forces Reserve, would retain the requirements in current law that the reserve component chiefs be joint

qualified while extending the time period in which the Secretary of

Defense may waive the joint qualification requirement by one year

through fiscal year 2003, would require the reserve component

chief to be appointed to a three-star grade within 12 months of enactment, and would amend section 525b, title 10, United States

Code, to increase the current limit on the number of officers that

may serve on active duty in grades above major general or, in the

case of the Navy, rear admiral, while maintaining the limit on the

number of general and flag officers.

Revision to rules for entitlement to separation pay for regular and

reserve officers (sec. 508)

The House bill contained a provision (sec. 517) that would clarify that the separation of a reserve officer on active duty who was

not selected for promotion twice to the same grade and who subsequently declines selective continuation shall be considered subject

to involuntary separation and eligible for separation pay.

The Senate amendment contained a provision (sec. 573) that

would make an officer who has twice failed selection for promotion

to the next higher grade and who was offered the opportunity to

continue on active duty, and who declines this offer, ineligible to

receive involuntary separation pay.

The Senate recedes with an amendment that would make any

officer who twice fails selection for promotion to the next higher

grade, and is offered the opportunity to continue on active duty

until the earliest point of eligibility for retirement and declines this

offer ineligible to receive separation pay. Any officer who twice fails

selection for promotion to the next higher grade, is offered selective

continuation for a period that would not permit him to serve until

787

eligible for retirement, and subsequently declines this offer would

be eligible for separation pay.

Subtitle B—Reserve Component Personnel Policy

Exemption from active-duty list for reserve officers on active duty for

a period of three years or less (sec. 521)

The House bill contained a provision (sec. 511) that would exclude certain reserve component officers serving on active duty for

periods of three years or less from the active duty list for promotion

purposes.

The Senate amendment contained a similar provision (sec.

505).

The Senate recedes.

Termination of application requirement for consideration of officers

for continuation on the reserve active-status list (sec. 522)

The House bill contained a provision (sec. 513) that would terminate the requirement that a reserve officer apply for continuation on the reserve active-status list.

The Senate amendment contained a similar provision (sec.

508).

The House recedes.

Authority to retain Air Force reserve officers in all medical specialties until specified age (sec. 523)

The House bill contained a provision (sec. 514) that would authorize the Secretary of the Air Force to extend the service of medical service corps and biomedical sciences officers to age 67.

The Senate amendment contained a similar provision (sec.

507).

The Senate recedes with a clarifying amendment.

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

The House bill contained a provision (sec. 516) that would authorize legal services assistance to reservists, who serve on active

duty for more than 29 days, and their dependents for a period not

to exceed twice the length of time served on active duty.

The Senate amendment contained a similar provision (sec.

695).

The House recedes with a clarifying amendment.

Extension of involuntary civil service retirement date for certain reserve technicians (sec. 525)

The House bill contained a provision (sec. 518) that would authorize the secretaries of the military departments to retain certain

non-dual status reserve technicians until age 60.

The Senate amendment contained no similar amendment.

The Senate recedes with a clarifying amendment.

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Subtitle C—Education and Training

Eligibility of children of reserves for presidential appointment to

service academies (sec. 531)

The Senate amendment contained a provision (sec. 541) that

would make the children of members of the reserve components

and retired or retirement-eligible reservists eligible for presidential

appointments to the service academies on the same basis as children of active duty or retired active duty personnel.

The House bill contained no similar provision.

The House recedes.

Selection of foreign students to receive instruction at service academies (sec. 532)

The Senate amendment contained a provision (sec. 542) that

would require the secretaries of the military departments to give

priority consideration among foreign students applying for admission to the service academies to those who have a national service

obligation upon graduation from the academy.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Revision of college tuition assistance program for members of Marine Corps Platoon Leaders Class program (sec. 533)

The House bill contained a provision (sec. 521) that would authorize the use of the Marine Corps Platoon Leaders Class tuition

assistance program for the purpose of providing educational assistance, to include legal training to commissioned officers participating in the Platoon Leaders Class program.

The Senate amendment contained a provision (sec. 544) that

would authorize members of the Marine Corps Platoon Leaders

Class to continue to receive tuition assistance while in pursuit of

an undergraduate degree. The Senate amendment also contained a

related provision (sec. 604) that would clarify that the limitation on

credible service computation as a result of accepting tuition assistance applies only to service as an enlisted member and not as a

commissioned officer.

The House recedes with an amendment that would combine

the three provisions.

Review of allocation of Junior Reserve Officers Training Corps units

among the services (sec. 534)

The House bill contained a provision (sec. 522) that would require the Secretary of Defense to review and redistribute the current service Junior Reserve Officers Training Corps allocations for

fiscal years 2001 through 2006 to ensure the most efficient and effective allocation of the 3,500 authorized programs.

The Senate amendment contained no similar provision.

The Senate recedes.

789

Authority for Naval Postgraduate School to enroll certain defense

industry civilians in specified programs relating to defense

product development (sec. 535)

The House bill contained a provision (sec. 523) that would authorize the Secretary of the Navy to enroll up to ten defense-industry civilians at any one time at the Naval Postgraduate School in

a defense product development curriculum leading to the award of

a masters degree.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Subtitle D—Decorations, Awards, and Commendations

Limitation on award of Bronze Star to members in receipt of Imminent Danger Pay (sec. 541)

The conference agreement includes a provision that would

limit the award of the Bronze Star Medal to members of the armed

forces who are eligible to receive Imminent Danger Pay at the time

of the events for which the medal is awarded.

Consideration of proposals for posthumous or honorary promotions

or appointments of members or former members of the armed

forces and other qualified persons (sec. 542)

The House bill contained a provision (sec. 533) that would authorize members of Congress to request that the secretary of a

military department review a proposal for posthumous or honorary

promotion, or appointment of a member or former member of the

armed forces or other person. The secretary of the military department would review the request on the merits and provide the Committees on Armed Services of the Senate and the House of Representatives and the member of Congress who initiated the request

written notice of one of the following determinations:

(1) the request for appointment or promotion does not warrant approval;

(2) the request for appointment or promotion warrants approval on the merits and authorization in law is required and

recommended;

(3) the request for appointment or promotion warrants approval on the merits and has been recommended to the President as an exception to policy; and

(4) the request for appointment or promotion warrants approval on the merits and authorization in law is required, but

not recommended.

The Senate amendment contained no similar provision.

The Senate recedes.

Waiver of time limitations for award of certain decorations to certain persons (sec. 543)

The House bill contained a provision (sec. 534) that would

waive the statutory time limitations for the award of the Distinguished Flying Cross to individuals recommended by the secretaries of the military departments.

The Senate amendment contained a similar provision (sec.

572).

790

The House recedes.

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. 544)

The House bill contained a provision (sec. 535) that would require the Secretary of the Army, based on a review of existing information related to the interment of unknown casualties from the

U.S.S. Arizona, to provide the Secretary of Veterans Affairs with

information to be added to the inscriptions on the grave markers

of those unknowns who are interred at the National Memorial

Cemetery of the Pacific in Honolulu, Hawaii.

The Senate amendment contained no similar provision.

The Senate recedes.

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.

545)

The House bill contained a provision (sec. 536) that would express the sense of Congress that the commander of the U.S.S. Indianapolis, (then Captain) Charles Butler McVay, III, was not culpable for the sinking of his ship and that the President should

award the Presidential Unit Citation to the final crew of the U.S.S.

Indianapolis for courage and fortitude after the torpedo attack.

The Senate amendment contained a provision (sec. 575) that

would express the sense of Congress that, on the basis of facts presented in a public hearing conducted by the Committee on Armed

Services of the Senate on September 14, 1999, the American people

should now recognize Captain McVay’s lack of culpability for the

loss of the U.S.S. Indianapolis and the lives of the men who died

as a result of the sinking; that Captain McVay’s military record

now reflect that he is exonerated for the loss of his ship and crew;

and that Congress strongly encourages the Secretary of the Navy

to award a Navy Unit Commendation to the U.S.S. Indianapolis

and its final crew.

The House recedes with a clarifying amendment.

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. 546)

The House bill contained a provision (sec. 537) that would request the President to advance Rear Admiral (Retired) Husband E.

Kimmel, U.S. Navy, to admiral and Major General (Retired) Walter

C. Short, U.S. Army, to lieutenant general on the retired list with

no increase in compensation or benefits. The provision would also

express the sense of Congress that both officers were professional

and competent and the losses incurred during the attack on Pearl

Harbor were not the result of dereliction in the performance of duties in the case of either officer.

The Senate amendment contained a similar provision (sec.

576).

The Senate recedes with a clarifying amendment.

791

Commendation of citizens of Remy, France, for World War II actions (sec. 547)

The House bill contained a provision (sec. 538) that would commend the bravery and honor of the citizens of Remy, France, for

their action to bury Lieutenant Houston Braly, 364th Fighter

Group, during World War II. The provision would also recognize

the efforts of the surviving members of the 364th Fighter Group to

raise funds to restore the stained glass windows of Remy’s 13th

century church that were destroyed during World War II.

The Senate amendment contained no similar provision.

The Senate recedes.

Authority for award of the medal of honor to William H.

Pitsenbarger for valor during the Vietnam War (sec. 548)

The conferees included a provision that would waive the statutory time limits and authorize the President to posthumously

award the Medal of Honor to William H. Pitsenbarger of Piqua,

Ohio, for valor during the Vietnam War.

Subtitle E—Military Justice and Legal Assistance Matters

Recognition by states of military testamentary instruments (sec. 551)

The House bill contained a provision (sec. 541) that would

amend chapter 53 of title 10, United States Code, to exempt a military testamentary instrument from any requirement of form, formality, or recording before probate under the laws of a state, and

would provide that such an instrument has the same legal effect

as a testamentary instrument prepared and executed in accordance

with the laws of the state in which it is presented for probate. The

provision would define ‘‘military testamentary instrument’’ and

would establish requirements for the execution of such an instrument.

The Senate amendment contained an identical provision (sec.

574).

The conference agreement includes this provision.

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

reports (sec. 552)

The House bill contained a provision (sec. 542) that would require the Department of Defense to apply the ‘‘probable cause’’

standard before ‘‘titling’’ or designating a person as a suspect in

any official report or in a central index. The provision would also

require the Secretary of Defense to establish a uniform standard

for removal of a person’s name from an official report and any central index if it is subsequently determined that there is not probable cause to believe that that person committed the crime.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would direct the

Secretary of Defense to establish policy that creates a uniform process that affords individuals titled in criminal investigative reports

or indexed in a central index an opportunity to obtain a review of

such actions. If it is determined that an entry was made contrary

792

to Department of Defense requirements, the name and identifying

information of the person would be expunged from these records.

The conferees direct the Secretary of Defense to: (1) review

policies and procedures addressing the degree of evidence or information that must exist before titling and indexing occurs, to include the weight, if any, given to initial allegations; (2) review the

sufficiency of training provided to individuals with access to the

Defense Clearance and Investigative Index (DCII) regarding the

significance of criminal investigative entries in the DCII; (3) review

the use of criminal investigative data in the DCII to determine if

it is being used properly and examine the adequacy of available

sanctions for those who improperly use such information; and (4)

provide other pertinent information discovered in the review process. The Secretary shall submit a report, with findings and recommendations, to the congressional defense committees by April 1,

2001.

Limitation on secretarial authority to grant clemency for military

prisoners serving sentence of confinement for life without eligibility for parole (sec. 553)

The House bill contained a provision (sec. 544) that would

amend Article 74 of the Uniform Code of Military Justice (10

U.S.C. 874) to prohibit the secretary concerned from remitting or

suspending that part of a court-martial sentence that extended to

confinement for life without eligibility for parole, and would make

conforming and clarifying amendments to other provisions of the

Uniform Code.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would limit the

authority of the secretary concerned to remit or suspend such a

sentence to situations in which the person had served at least 20

years confinement. Such authority could not be redelegated.

Authority for civilian special agents of the military department

criminal investigative organizations to execute warrants and

make arrests (sec. 554)

The House bill contained a provision (sec. 545) that would

amend chapter 373 of title 10, United States Code, to authorize the

secretaries of the military departments to grant the authority to

execute and serve warrants and make arrests to the civilian special

agents of their respective military criminal investigative organizations, subject to certain guidelines.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Requirement for verbatim record in certain special court-martial

cases (sec. 555)

The Senate amendment contained a provision (sec. 577) that

would amend Article 54 of the Uniform Code of Military Justice (10

U.S.C. 854) to require that a verbatim record of trial be prepared

in each special court-martial in which the sentence adjudged includes a bad-conduct discharge, confinement for more than six

months, or forfeiture of pay for more than six months.

The House bill contained no similar provision.

793

The House recedes with a technical amendment.

Commemoration of the fiftieth anniversary of the Uniform Code of

Military Justice (sec. 556)

The Senate amendment contained a provision (sec. 1051) that

would request the President to issue a proclamation commemorating the fiftieth anniversary of the Uniform Code of Military Justice, which was enacted May 5, 1950, and call upon the Department of Defense, the armed forces, and the United States Court of

Appeals for the Armed Forces to commemorate the occasion in a

suitable manner.

The House bill contained no similar provision.

The House recedes.

Subtitle F—Matters Relating to Recruiting

Army recruiting pilot programs (sec. 561)

The Senate amendment contained a provision (sec. 551) that

would require the Secretary of the Army to conduct three distinct

five-year pilot programs to assess their effectiveness for creating

enhanced opportunities for recruiters and to improve the effectiveness of Army recruiting programs.

The House bill contained no similar provision.

The House recedes with an amendment that would reduce the

scope of the civilian contract recruiter pilot program and would require recruiters assigned to vocational schools and community colleges to be assigned those duties as their primary responsibility.

Enhancement of recruitment market research and advertising programs (sec. 562)

The Senate amendment contained a provision (sec. 552) that

would direct the Secretary of Defense to take the necessary actions

to enhance joint and service recruiting and advertising programs

through an aggressive market research program, and would waive

certain requirements of the Paperwork Reduction Act to enhance

the flexibility of the Secretary of Defense and the military services

to react to changes in the recruiting market.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Access to secondary schools for military recruiting purposes (sec.

563)

The Senate amendment contained a provision (sec. 553) that

would, effective July 1, 2002, require local educational agencies to

provide military recruiters access to secondary schools on the same

basis as colleges, universities, and private sector employers, unless

the governing body of the local educational agency acts by majority

vote to deny access to military recruiters. The provision would also

establish a process to ensure that secondary schools provide military recruiters access to the campus, directories, and student lists

on the same basis as that afforded colleges, universities, and private sector employers. The provision would require the relevant

military service to send a senior official to meet with the local educational agency within 120 days of a military recruiter being deVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00823 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.250 pfrm03 PsN: HR945
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nied access. If the secondary school continues to deny access to

military recruiters the Secretary of Defense shall, within 60 days,

communicate with the governor of the state requesting assistance

in restoring access for military recruiters. A copy of this correspondence shall be provided to the Secretary of Education. If, one

year after the date of the transmittal of the letter from the Secretary of Defense, the local educational agency continues to deny

access to at least two of the armed forces, the Secretary of Defense

shall notify the Committees on Armed Services of the Senate and

the House of Representatives, and the members of the House of

Representatives and the Senate who represent the district or districts in which the local educational agency operates.

The House bill contained no similar provision.

The House recedes with an amendment that would expand the

definition of the senior official who shall visit schools that deny access to include colonels, or in the case of the Navy, Captains, and

would make other technical changes.

Pilot program to enhance military recruiting by improving military

awareness of school counselors and educators (sec. 564)

The House bill contained a provision (sec. 555) that would require the Secretary of Defense to conduct a three-year pilot program to improve communications with student counselors and educators by providing funding, assistance, and information to an existing interactive internet site designed to provide information and

services to employees of local educational agencies and institutions

of higher learning.

The Senate amendment contained no similar provision.

The Senate recedes.

Subtitle G—Other Matters

Extension to end of calendar year of expiration date for certain force

drawdown transition authorities (sec. 571)

The House bill contained a provision (sec. 504) that would extend the expiration date of the current drawdown transition authorities through December 31, 2001.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Voluntary separation incentive (sec. 572)

The House bill contained a provision (sec. 506) that would authorize service members who simultaneously receive retired pay

and voluntary separation incentive pay to terminate their eligibility for the voluntary separation incentive pay and would permit

the retired member to reimburse the government for the amount

of the voluntary separation incentive pay received without concurrently increasing the amount of the voluntary separation incentive

pay that is owed.

The Senate amendment contained no similar provision.

The Senate recedes.

795

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. 573)

The House bill contained a provision (sec. 507) that would require the Secretary of Defense to provide Congress written notification and wait until 120 days of continuous legislative session pass

prior to implementating any policy change affecting the current

male-only assignment policy for submarines and prior to the expenditure of any funds to reconfigure or design a submarine to accommodate the assignment of female crew members.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would modify the

required waiting period between notification of Congress and the

implementation of any policy change with regard to the assignment

of females to submarines or expenditure of funds for design or reconfiguration of a submarine to accommodate females to 30 days in

which both the House of Representatives and the Senate are in session.

Management and per diem requirements for members subject to

lengthy or numerous deployments (sec. 574)

The Senate amendment contained a provision (sec. 578) that

would amend section 586 of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) to change the requirement for an officer in the grade of general or admiral to approve deployments of personnel who would be away from home

more than 200 of the past 365 days to require that the designated

component commander for the member’s armed force approve deployments of personnel who would be away from home more than

200 of the past 365 days; to change the point at which the highdeployment per diem allowance would be paid from 251 days or

more of the preceding 365 days to 501 days or more of the preceding 730 days. The provision would also require the Secretary of

Defense to submit a report to the Committees on Armed Services

of the Senate and the House of Representatives not later than

March 31, 2002, on the administration of this provision and make

recommendations for revision, as the Secretary deems appropriate.

The House bill contained no similar provision.

The House recedes with an amendment that would change the

point at which the high deployment per diem allowance would be

paid from 501 days or more of the preceding 730 days to 401 days

or more of the preceding 730 days.

The conferees strongly support the position of the Department

of Defense that any high deployment per diem payments should be

made from the operations and maintenance accounts. The conferees

believe that deploying service members in excess of 400 days in any

730 day period cannot be attributable to any factor other than

operational necessity. As such, high deployment per diem is an

operational cost and must be paid from the operations and maintenance accounts.

Pay in lieu of allowance for funeral honors duty (sec. 575)

The House bill contained a provision (sec. 551) that would authorize a reserve component member assigned to a funeral honors

796

detail for the funeral of a veteran to be compensated at the same

rate as the member would be compensated for participating in inactive-duty training.

The Senate amendment contained a similar provision (sec.

603).

The House recedes with a clarifying amendment.

Test of ability of reserve component intelligence units and personnel

to meet current and emerging defense intelligence needs (sec.

576)

The House bill contained a provision (sec. 552) that would require the Secretary of Defense to conduct a three-year test to determine the most effective peacetime structure and operational employment of reserve component intelligence assets for meeting future Department of Defense peacetime operational intelligence requirements and to establish a means of coordinating the transition

of the peacetime operational support network into wartime requirements.

The Senate amendment contained no similar provision.

The Senate recedes.

National Guard Challenge Program (sec. 577)

The House bill contained a provision (sec. 553) that would authorize the head of a federal agency or department to provide funds

to the Secretary of Defense to support the National Guard Challenge Program and would allow the Secretary of Defense to expend

those funds notwithstanding the $62.5 million limit in defense

funding established by section 509(b) of title 32, United States

Code. The provision would also require the Secretary of Defense to

establish regulations for the Challenge Program.

The Senate amendment contained a provision (sec. 910) that

would transfer oversight responsibility for the National Guard

Challenge Program from the Chief of the National Guard Bureau

to the Secretary of Defense, and would amend the limitation on

federal funding for the National Guard Challenge Program to only

Department of Defense funding.

The Senate recedes with an amendment that would combine

the two provisions.

The conferees note that the intent of the transfer of responsibility for the National Guard Challenge Program to the Secretary

of Defense is to reaffirm the role of the Secretary of Defense to establish policy for and oversight of the operation of Department of

Defense programs. It is not the intent of the conferees that the National Guard Bureau should lose its ability to administer this highly successful program. Rather, the intent is that there be increased

oversight and direction by the Secretary of Defense.

Study of use of civilian contractor pilots for operational support

missions (sec. 578)

The House bill contained a provision (sec. 554) that would require the Secretary of Defense to study the feasibility and cost of

using civilian contractor personnel as pilots and other aircrew

members to fly government aircraft performing non-combat operational support missions world-wide.

797

The Senate amendment contained no similar provision.

The Senate recedes.

Reimbursement for expenses incurred by members in connection

with cancellation of leave on short notice (sec. 579)

The House bill contained a provision (sec. 556) that would authorize the service secretaries to reimburse members for travel expenses when leave is canceled within 48 hours of commencing due

to mission requirements of a contingency operation.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority for award of the Medal of Honor

The House bill contained a provision (sec. 531) that would

waive the statutory time limitations for the award of the Medal of

Honor to Andrew J. Smith for valor during the Battle of Honey Hill

in South Carolina. The House bill also contained a provision (sec.

532) that would waive the statutory time limitations for the award

of the Medal of Honor to Ed W. Freeman for valor during the battle

of the IaDrang Valley in the Republic of Vietnam.

The Senate amendment contained a provision (sec. 571) that

would waive the statutory time limits and authorize the President

to award the Medal of Honor to Ed W. Freeman of Idaho for valor

during the Vietnam Conflict; to James K. Okubo of Detroit, Michigan for valor during World War II; and to Andrew J. Smith of Massachusetts for valor during the Civil War.

The conferees note that Public Law 106–223, enacted on June

21, 2000, waived the statutory time limits and authorized the

President to award the Medal of Honor to Ed W. Freeman of Idaho

for valor during the Vietnam Conflict; to James K. Okubo of Detroit, Michigan, for valor during World War II; and to Andrew J.

Smith of Massachusetts for valor during the Civil War. The conferees recede from their respective provisions.

Collection and use of deoxyribonucleic acid identification information from violent and sexual offenders in the armed forces

The House bill contained a provision (sec. 543) that would require the secretaries of the military departments to collect a

deoxyribonucleic acid (DNA) sample from each member of the

armed forces who is, or has been, convicted of a violent or sexual

offense. The provision would further require the Secretary of Defense to analyze each sample and furnish the results of each analysis to the Federal Bureau of Investigation (FBI) for use in the

Combined DNA Index System.

The Senate amendment contained no similar provision.

The House recedes.

The conferees recognize that the collection and indexing of

samples, as proposed in this provision, has merit, but believe that

this matter would be better addressed by general legislation with

government-wide application.

798

Contingent exemption from limitation on number of Air Force officers serving on active duty in grades above major general

The Senate amendment contained a provision (sec. 511) that

would exempt an Air Force officer serving in the grade of Lieutenant General or General from the limitations on the number of Air

Force officers serving on active duty in grades above major general

when either the Commander-in-Chief, United States Transportation Command, or the Commander-in-Chief, United States Space

Command, is an officer from a service other than the Air Force.

The House bill contained no similar provision.

The Senate recedes.

Joint Officer Management

The Senate amendment contained provisions (sec. 521–527)

that would streamline the designation and management of joint

speciality officers by simplifying the requirements for designation

as a joint speciality officer, requiring Joint Professional Military

Education to be conducted in residence and by establishing promotion objectives for joint speciality officers.

The House bill contained no similar provision.

The Senate recedes.

Military Voting Rights Act of 2000

The Senate bill contained provisions (sec. 561–563) that would

amend the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C.

App. 501) to preclude a military member from losing a claim to

state residency for the purpose of voting in federal and state elections because of absence due to military orders, and would also

amend the Uniformed and Overseas Citizens Absentee Voting Act

(42 U.S.C. 1973ff) to require each state to permit absent military

voters to use absentee registration procedures and to vote by absentee ballot in elections for states and local offices, in addition to

federal offices, as provided in current law.

The House amendment contained no similar provision.

The Senate recedes.

Preparation, participation, and conduct of athletic competitions and

small arms competitions by the National Guard and members

of the National Guard

The Senate amendment contained a provision (sec. 580) that

would permit National Guard units and personnel to prepare for,

participate in, and conduct athletic competitions and small arms

competitions.

The House bill contained no similar provision.

The Senate recedes.

Repeal of contingent funding increase for Junior Reserve Officers

Training Corps

The Senate amendment contained a provision (sec. 543) that

would repeal the requirement that any amount in excess of

$62,500,000 appropriated for the National Guard Challenge Program be made available for the Junior Reserve Officers Training

Corps.

The House bill contained no similar provision.

799

The Senate recedes.

Review of actions of selection boards

The Senate amendment contained a provision (sec. 506) that

would authorize the secretary concerned to correct a military personnel record in accordance with a recommendation made by a special board. The remedy could be restoration to active duty or status, if the person was separated, retired, or transferred to the retired or inactive reserve as the result of a recommendation made

by a selection board; or the person could elect to receive back pay

and allowances in lieu of restoration. If a special board did not recommend the correction, the action of the original selection board

would be considered as final. The secretaries concerned shall prescribe regulations to carry out this provision, which would be subject to the approval of the Secretary of Defense.

The provision would require exhaustion of a person’s administrative remedies within the military department concerned before

the person could obtain relief in a judicial proceeding. The provision would not limit the jurisdiction of any federal court to determine the validity of any statute, regulation, or policy, and also

would not limit the secretaries’ authority to correct military records

through boards for the correction of military records under section

1552 of title 10, United States Code.

The provision would also amend section 628 of title 10, United

States Code, the statute dealing with promotion special selection

boards, to require exhaustion of a person’s remedies before a special selection board before relief could be obtained in a judicial proceeding.

The House bill contained no similar provision.

The Senate recedes.

The conferees believe that, while such an approach may have

merit, this issue requires further study.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Pay and Allowances

Increase in basic pay for fiscal year 2001 (sec. 601)

The House bill contained a provision (sec. 601) that would

waive section 1009 of title 37, United States Code, and increase the

rates of basic pay for members of the uniformed services by 3.7 percent, effective January 1, 2001.

The Senate amendment contained a similar provision (sec.

601).

The House recedes.

Additional restructuring of basic pay rates for enlisted members

(sec. 602)

The Senate amendment contained a provision (sec. 610A) that

would, effective October 1, 2000, restructure the basic pay tables

for enlisted members in grades E–5, E–6, and E–7 to increase the

basic pay rates for members in these grades.

The House bill contained no similar provision.

800

The House recedes with an amendment that would, effective

July 1, 2001, restructure the basic pay tables for enlisted members

in grades E–5, E–6, and E–7 to increase the basic pay rates for

members in these grades, and would authorize the Secretary of Defense to, on a one-time basis, adjust the basic pay tables for enlisted members to increase the rate of basic pay. The Secretary of

Defense would be required to submit a legislative proposal incorporating any adjustments with the fiscal year 2002 legislative proposals. In the event the Secretary of Defense elects not to use the

one-time authority to adjust the basic pay tables for other enlisted

members, the increases for enlisted members in grades E–5

through E–7 would be effective July 1, 2001.

Revised method for calculation of basic allowance for subsistence

(sec. 603)

The House bill contained a provision (sec. 602) that would repeal the basic allowance for subsistence transition program, effective October 1, 2001, and establish a process for increasing the

basic allowance for subsistence rate in effect by the amount of the

increase in food costs, as determined by the Department of Agriculture.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Family subsistence supplemental allowance for low-income members

of the Armed Forces (sec. 604)

The House bill contained a provision (sec. 603) that would authorize the Secretary of Defense to establish a five-year program to

pay members determined to be qualified for food stamps using the

same gross income standards used by state officials to determine

food stamp eligibility, except that the value of the member’s basic

allowance for housing will be included even if the member resides

in government housing, a monthly amount not to exceed $500 per

month, to supplement the basic allowance for subsistence.

The Senate amendment contained a provision (sec. 610) that

would authorize, for a five-year period, a special subsistence allowance of $180 per month payable to enlisted personnel in grades E–

5 and below who demonstrate eligibility for food stamps.

The Senate recedes with an amendment that would require the

Secretary of Defense to establish a five-year program to pay members determined to be qualified for food stamps.

Basic allowance for housing (sec. 605)

The House bill contained a provision (sec. 604) that would repeal the requirement that service members pay 15 percent of housing costs out-of-pocket and would authorize the Secretary of Defense to increase the basic allowance for housing to eliminate outof-pocket expenses for service members by fiscal year 2005.

The Senate amendment contained a similar provision (sec.

605). The Senate amendment also contained a provision (sec. 610B)

that would permit service members who make a low-cost or no-cost

permanent change of station move, while remaining in the same

quarters occupied during their previous assignment, eligible for the

801

higher of the basic allowance for housing rate from the previous

permanent station or the new permanent station.

The Senate recedes with an amendment that would combine

the provisions.

Additional amount available for fiscal year 2001 increase in basic

allowance for housing inside the United States (sec. 606)

The House bill contained a provision (sec. 610) that would increase the funding available for the basic allowance for housing by

$30.0 million in order to reduce the out-of-pocket costs by an additional one-half of one percent.

The Senate amendment contained no similar provision.

The Senate recedes.

Equitable treatment of junior enlisted members in computation of

basic allowance for housing (sec. 607)

The House bill contained a provision (sec. 605) that would establish a single housing rate for members in grades E–1 through

E–4 with dependents and would increase the basic allowance for

housing rate to members above the rate previously paid to members in grade E–4.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

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

housing while on sea duty (sec. 608)

The House bill contained a provision (sec. 606) that would, effective October 1, 2001, authorize the payment of the basic allowance for housing to members serving in the grade of E–4, without

dependents, who are assigned to sea duty in ships.

The Senate amendment contained a similar provision (sec.

606), that would be effective upon enactment of this Act.

The House recedes.

Personal money allowance for senior enlisted members of the armed

forces (sec. 609)

The House bill contained a provision (sec. 607) that would authorize a $2,000 per year personal money allowance to senior enlisted members in each of the armed forces.

The Senate amendment contained a similar provision (sec.

607).

The Senate recedes.

Increased uniform allowances for officers (sec. 610)

The House bill contained a provision (sec. 608) that would increase the one-time initial uniform allowance paid to officers from

$200 to $400 and the one-time additional uniform allowance paid

to officers from $100 to $200.

The Senate amendment contained a similar provision (sec.

608).

The House recedes with a clarifying amendment.

802

Cabinet-level authority to prescribe requirements and allowance for

clothing of enlisted members (sec. 611)

The Senate amendment contained a provision (sec. 609) that

would authorize the Secretary of Defense, and the Secretary of

Transportation with respect to the Coast Guard when it is not operating as a service of the Navy, to prescribe the clothing to be furnished annually to enlisted members and to establish the amount

of the cash allowance paid when the prescribed clothing is not provided.

The House bill contained no similar provision.

The House recedes.

Increase in monthly subsistence allowance for members of

precommissioning programs (sec. 612)

The House bill contained a provision (sec. 609) that would, effective October 1, 2001, increase the minimum stipend paid to senior Reserve Officers Training Corps (ROTC) cadets to $250 per

month, would establish the maximum monthly stipend as $600 per

month, and would provide the Secretary of Defense the authority

to establish a tiered-stipend system in order to permit the monthly

stipend to increase as the involvement of the cadet in ROTC increases.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would, effective

October 1, 2001, establish the pay rates for cadets and midshipmen

at the service academies at 35 percent of the basic pay of an O–

1 with less than two years of service and would increase the maximum monthly ROTC stipend to $674.

Subtitle B—Bonuses and Special and Incentive Pays

Extension of certain bonuses and special pay authorities for reserve

forces (sec. 621)

The House bill contained a provision (sec. 611) that would extend the authority for the special pay for health care professionals

who serve in the selected reserve in critically short wartime specialities, the selected reserve reenlistment bonus, the selected reserve enlistment bonus, special pay for enlisted members of the selected reserve assigned to certain high priority units, the selected

reserve affiliation bonus, the ready reserve enlistment and reenlistment bonus, and the prior service enlistment bonus until December

31, 2001. The provision would also extend the authority for repayment of educational loans for certain health care professionals who

serve in the selected reserve until January 1, 2002.

The Senate amendment contained an identical provision (sec.

611).

The conference agreement includes this provision.

Extension of certain bonuses and special pay authorities for nurse

officer candidates, registered nurses, and nurse anesthetists

(sec. 622)

The House bill contained a provision (sec. 612) that would extend the authority for the nurse officer candidate accession proVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00832 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.255 pfrm03 PsN: HR945
803

gram, the accession bonus for registered nurses, and the incentive

pay for nurse anesthetists until December 31, 2001.

The Senate amendment contained an identical provision (sec.

612).

The conference agreement includes this provision.

Extension of authorities relating to payment of other bonuses and

special pays (sec. 623)

The House bill contained a provision (sec. 613) that would extend the authority for the aviation officer retention bonus, reenlistment bonus for active members, special pay for nuclear qualified officers extending the period of active service, nuclear career accession bonus, and the nuclear career annual incentive bonus to December 31, 2001, and would extend the enlistment bonus for persons with critical skills and the Army enlistment bonus to September 30, 2001.

The Senate amendment contained a similar provision (sec.

613).

The Senate recedes with an amendment that would remove the

references to the enlistment bonus for persons with critical skills

and the Army enlistment bonus in favor of a consolidated enlistment bonus addressed elsewhere in this conference agreement.

Revision of enlistment bonus authority (sec. 624)

The House bill contained a provision (sec. 618) that would consolidate existing bonus authorities and establish a maximum

amount of $20,000 that may be paid to any enlistee.

The Senate amendment contained a similar provision (sec.

621).

The Senate recedes with a clarifying amendment.

Consistency of authorities for special pay for reserve medical and

dental officers (sec. 625)

The House bill contained a provision (sec. 614) that would clarify that reserve medical and dental officers are paid special pay in

a consistent manner.

The Senate amendment contained similar provision (sec. 614).

The Senate recedes with a clarifying amendment.

Elimination of required congressional notification before implementation of certain special pay authority (sec. 626)

The House bill contained a provision (sec. 620) that would

eliminate the requirement for the secretary concerned to notify the

Congress of the intent to pay special pay to optometrists and nurse

anesthetists.

The Senate amendment contained no similar provision.

The Senate recedes.

Special pay for physician assistants of the Coast Guard (sec. 627)

The House bill contained a provision (sec. 615) that would extend the authority to pay special pay currently provided to physician assistants in the military departments to physician assistants

in the Coast Guard.

804

The Senate amendment contained a similar provision (sec.

615).

The House recedes.

Authorization of special pay and accession bonus for pharmacy officers (sec. 628)

The Senate amendment contained a provision (sec. 616) that

would authorize the secretary of a military department, or in the

case of the Public Health Service, the Secretary of Health and

Human Services, to pay a special pay and an accession bonus for

pharmacy officers.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Correction of references to Air Force veterinarians (sec. 629)

The Senate amendment contained a provision (sec. 617) that

would clarify that the special pay for board certified veterinarians

in the armed forces and the Public Health Service includes Air

Force biomedical sciences officers who hold a degree in veterinary

medicine.

The House bill contained no similar provision.

The House recedes.

Career sea pay (sec. 630)

The House bill contained a provision (sec. 617) that would authorize the secretary of a military department to establish the rates

of career sea pay up to a limit of $750 per month and would increase the maximum career sea pay premium pay from $100 per

month to $350 per month for consecutive or cumulative duty at

sea.

The Senate amendment contained a similar provision (sec.

619).

The House recedes with a clarifying amendment.

Increased maximum rate of special duty assignment pay (sec. 631)

The House bill contained a provision (sec. 616) that would, effective October 1, 2001, increase the limit on special duty assignment pay from $275 per month to $600 per month.

The Senate amendment contained a similar provision (sec. 620)

that would be effective October 1, 2000.

The House recedes.

Entitlement of members of the National Guard and other reserves

not on active duty to receive special duty assignment pay (sec.

632)

The Senate amendment contained a provision (sec. 622) that

would authorize members of the Selected Reserve who are not on

active duty to receive special duty assignment pay.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

amount of special duty assignment pay for members of the Selected

Reserve not on active duty to one day of pay for each drill period

in which the reserve member successfully participates each month.

805

Authorization of retention bonus for members of the armed forces

qualified in a critical military skill (sec. 633)

The House bill contained a provision (sec. 619) that would, effective 90 days after the Secretary of Defense notifies Congress of

the details of the implementation plan, establish a retention bonus,

providing payments up to $200,000 over a career, for members

qualified in a critical military skill. The authority for this bonus

would expire on December 31, 2001.

The Senate amendment contained no similar provision.

The Senate recedes.

Entitlement of active duty officers of the Public Health Service

Corps to special pays and bonuses of health professional officers

of the armed forces (sec. 634)

The Senate amendment contained a provision (sec. 618) that

would make the special pays and bonuses for active duty officers

of the Public Health Service Corps equal to those of health professional officers of the armed forces.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Subtitle C—Travel and Transportation Allowances

Advance payments for temporary lodging of members and dependents (sec. 641)

The House bill contained a provision (sec. 631) that would authorize advance payment of temporary lodging and living expenses

incident to permanent changes in station.

The Senate amendment contained a similar provision (sec.

631).

The Senate recedes.

Additional transportation allowance regarding baggage and household effects (sec. 642)

The House bill contained a provision (sec. 632) that would authorize the secretary concerned to reimburse a member for mandatory pet quarantine fees for household pets up to a maximum of

$275 when the fees are incident to a permanent change of station.

The Senate amendment contained no similar provision.

The Senate recedes.

Incentive for shipping and storing household goods in less than average weights (sec. 643)

The Senate amendment contained a provision (sec. 632) that

would authorize the secretary concerned to pay a service member

a share of the amount of savings resulting from the service member

shipping or storing a lower household good or baggage weight than

the average weight shipped or stored by members of the same

grade and dependent status.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to develop regulations for this program in

order to ensure that members of one service do not receive a benefit for which members of another service may not be eligible.

806

Equitable dislocation allowances for junior enlisted members (sec.

644)

The House bill contained a provision (sec. 633) that would require the Secretary of Defense to increase the amount of dislocation

allowance paid to service members with dependents in pay grades

E–1 through E–4 to the amount paid to service members in pay

grade E–5.

The Senate amendment contained no similar amendment.

The Senate recedes.

Authority to reimburse military recruiters, senior ROTC cadre, and

Military Entrance Processing personnel for certain parking expenses (sec. 645)

The House bill contained a provision (sec. 634) that would authorize the Secretary of Defense to reimburse service members and

civilian employees for expenses incurred in parking their privately

owned vehicles at their duty locations if they are assigned to duty

as a recruiter, with a military entrance processing facility or with

a Senior Reserve Officer Training Corps detachment.

The Senate amendment contained a similar provision (sec.

661).

The House recedes with an amendment that would make the

provision effective October 1, 2001.

Expansion of funded student travel for dependents (sec. 646)

The House bill contained a provision (sec. 635) that would authorize funded student travel payments to be made for dependents

pursuing graduate and vocational education programs in addition

to secondary and undergraduate education programs.

The Senate amendment contained a similar provision (sec.

633).

The Senate recedes.

Subtitle D—Retirement and Survivor Benefit Matters

Exception to high 36-month retired pay computation for members

retired following a disciplinary reduction in grade (sec. 651)

The Senate amendment contained a provision (sec. 641) that

would require the computation of retired pay for military personnel

who retire following a reduction in grade be based on basic pay of

the grade held at the time of retirement rather than the average

of the highest three years of basic pay.

The House bill contained no similar provision.

The House recedes.

Increase in maximum number of reserve retirement points that may

be credited in any year (sec. 652)

The House bill contained a provision (sec. 641) that would increase, from 70 to 90, the maximum number of days in any one

year that a reservist may accrue as credit toward retirement benefits.

The Senate amendment contained a similar provision (sec.

694).

The Senate recedes with a clarifying amendment.

807

Retirement from active reserve service after regular retirement (sec.

653)

The Senate amendment contained a provision (sec. 644) that

would permit a retired active component service member who later

serves, and is promoted in an active reserve position, to retire as

a member of the retired reserve at the higher grade.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Same treatment for federal judges as for other federal officials regarding payment of military retired pay (sec. 654)

The Senate amendment contained a provision (sec. 645) that

would amend section 371 of title 28, United States Code, to ensure

that federal judges appointed under Article III of the Constitution

are treated the same as other federal officials with regard to reduction in military retired pay.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Reserve Component Survivor Benefit Plan spousal consent requirement (sec. 655)

The House bill contained a provision (sec. 642) that would require retirement-eligible reservists to obtain the concurrence of

their spouses before making a decision to decline or defer participation in the Reserve Component Survivor Benefit Plan or to select

a level of participation that is less than the maximum available or

to select coverage for a child but not the spouse.

The Senate amendment contained a similar provision (sec.

642).

The Senate recedes with a clarifying amendment.

Sense of Congress on increasing Survivor Benefit Plan annuities for

surviving spouses age 62 or older (sec. 656)

The Senate amendment contained a provision (sec. 646) that

would express the sense of Congress that legislation should be enacted that increases the minimum basic annuities provided under

the Survivor Benefit Plan for surviving spouses of members of the

uniformed services who are 62 years of age or older.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Revision to special compensation authority to repeal exclusion of

uniformed services retirees in receipt of disability retired pay

(sec. 657)

The conferees included a provision that would, effective October 1, 2001, make former members of the uniformed services retired for disability under chapter 61 of title 10, United States Code,

eligible to receive the special compensation for severely disabled

uniformed services retirees authorized by section 658 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65).

808

Subtitle E—Other Matters

Participation in Thrift Savings Plan (sec. 661)

The House bill contained a provision (sec. 651) that would authorize active duty and reserve members of the uniformed services

to deposit up to five percent of their basic pay, before tax, each

month in the Thrift Savings Plan now available for federal civil

service employees.

The Senate amendment contained a similar provision (sec. 643)

that would amend section 663 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) to establish the

effective date for offering the Thrift Savings Plan to active and reserve component military personnel, effective not later than 180

days after the date of enactment of this Act, and would eliminate

the requirement for the President to identify the mandatory spending offsets that are currently provided in the Concurrent Resolution

on the Budget for Fiscal Year 2001.

The House recedes with an amendment that would permit the

Secretary of Defense, with the advice of the Thrift Board, to delay

the effective date for both the active and reserve component participation by 180 days and require that Committees on Armed Services of the Senate and the House of Representatives be notified of

any delay.

Determinations of income eligibility for special supplemental food

program (sec. 662)

The Senate amendment contained a provision (sec. 669) that

would exclude the basic allowance for housing when computing eligibility for the special supplemental food program for service members assigned outside the United States. The special supplemental

food program is similar to the Women, Infants, and Children program in the United States.

The House bill contained no similar provision.

The House recedes.

Billeting services for reserve members traveling for inactive-duty

training (sec. 663)

The Senate amendment contained a provision (sec. 693) that

would require the Secretary of Defense to promulgate regulations

that would authorize reservists traveling to inactive-duty training

at a location more than 50 miles from their residence to be eligible

for billeting in Department of Defense facilities on the same basis

as active duty personnel traveling for official purposes.

The House bill contained no similar provision.

The House recedes.

Settlement of claims for payments for unused accrued leave and for

retired pay (sec. 664)

The Senate amendment contained a provision (sec. 663) that

would authorize the Secretary of Defense to settle claims for unused accrued leave and to waive time limitations for filing claims

for payments for unused accrued leave and for retired pay.

The House bill contained no similar provision.

The House recedes.

809

Additional benefits and protections for personnel incurring injury,

illness, or disease in the performance of funeral honors duty

(sec. 665)

The Senate amendment contained a provision (sec. 668) that

would authorize the payment of incapacitation pay for reservists

who incur an injury, illness, or disease in the performance of funeral honors duties.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Authority for extension of deadline for filing claims associated with

capture and internment of certain persons by North Vietnam

(sec. 666)

The Senate amendment contained a provision (sec. 662) that

would extend the time limitation for certain Vietnamese Commandos, or their survivors, to file claims when the Secretary of Defense determines that such an extension is necessary to prevent an

injustice or that a failure to file within the time frame is due to

excusable neglect.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Back pay for members of the Navy and Marine Corps selected for

promotion while interned as prisoners of war during World

War II (sec. 667)

The Senate amendment contained a provision (sec. 673) that

would authorize the payment of back pay for former members of

the Navy and Marine Corps who were unable to compete for promotion while interned as prisoners of war during World War II.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

payments to former members or their spouses.

Sense of Congress concerning funding for reserve components (sec.

668)

The Senate amendment contained a provision (sec. 691) that

would express the sense of Congress that it is in the national interest for the President to provide funds for the reserve components

of the armed forces that are sufficient to ensure that the reserve

components meet requirements specified in the National Military

Strategy.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to pay gratuity to certain veterans of Bataan and Corregidor

The Senate amendment contained a provision (sec. 665) that

would authorize the Secretary of Veterans Affairs to pay a $20,000

gratuity to a veteran or to the surviving spouse of a veteran who

served at Bataan or Corregidor, was captured and held as a prisoner of war, and was required to perform slave labor during World

War II.

810

The House bill contained no similar provision.

The Senate recedes.

Benefits for members not transporting personal motor vehicles overseas

The Senate amendment contained a provision (sec. 634) that

would authorize the secretary concerned to pay a service member

a share of the amount of savings that accrue when an authorized

member elects not to ship a personal vehicle overseas at government expense and would limit the amount payable to store a personal vehicle in lieu of shipment to an amount equal to the cost

that would have been incurred by shipping the vehicle overseas

and back.

The House bill contained no similar provision.

The Senate recedes.

Computation of survivor benefits

The Senate amendment contained a provision (sec. 650) that

would reduce the amount of the offset from a survivor benefit annuity when the surviving spouse becomes eligible for social security

benefits based on the contributions of the deceased service member.

The House bill contained no similar provision.

The Senate recedes.

Concurrent payment of retired pay and compensation for retired

members with service-connected disabilities

The Senate amendment contained a provision (sec. 666) that

would permit the concurrent payment of military retired pay and

disability compensation from the Department of Veterans Affairs

for retired service members with service-connected disabilities.

The House bill contained no similar provision.

The Senate recedes.

Concurrent payment to surviving spouses of Disability and Indemnity Compensation and annuities under Survivor Benefit Plan

The Senate amendment contained a provision (sec. 652) that

would permit the concurrent payment of Disability and Indemnity

Compensation and Survivor Benefit Plan annuities to surviving

spouses of deceased service members.

The House bill contained no similar provision.

The Senate recedes.

Effective date of disability retirement for members dying in civilian

medical facilities

The House bill contained a provision (sec. 643) that would authorize the secretary concerned to specify a date and time of death,

other than that determined by the attending physician, for a member who dies in a civilian medical facility solely for the purpose of

allowing a member to retire as if disabled.

The Senate amendment contained no similar provision.

The House recedes.

811

Eligibility of certain members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance

The Senate amendment contained a provision (sec. 664) that

would authorize volunteers for assignment to a category in the Individual Ready Reserve that is subject to involuntary recall to active duty to participate in the Servicemembers’ Group Life Insurance program.

The House bill contained no similar provision.

The Senate recedes.

Equitable application of early retirement eligibility requirements to

military reserve technicians

The Senate amendment contained a provision (sec. 651) that

would modify the early retirement eligibility requirements for all

military technicians from a combination of 50 years of age and 25

years of service to 25 years of service or 50 years of age and 20

years of service.

The House bill contained no similar provision.

The Senate recedes.

Family coverage under Servicemembers’ Group Life Insurance

The Senate amendment contained a provision (sec. 648) that

would, at no cost to the government, extend life insurance coverage

under the Servicemembers’ Group Life Insurance to family members.

The House bill contained no similar provision.

The Senate recedes.

Fees paid by residents of the Armed Forces Retirement Home

The Senate amendment contained a provision (sec. 649) that

would modify the fee structure paid by residents of the Armed

Forces Retirement Home.

The House bill contained no similar provision.

The Senate recedes.

The conferees are aware of the financial difficulties of the

Armed Forces Retirement Home and have received a number of

complaints from residents about the fee structure and conditions at

the homes. The conferees direct the Secretary of Defense, in consultation with the Armed Forces Retirement Home Board, to review the current and future financial status of the Armed Forces

Retirement Home, to include the current fee structure. The Secretary of Defense shall submit a report not later than March 30,

2001, to the Committees on Armed Services of the Senate and the

House of Representatives on the results of this review and any recommendations for changing the current fees or operations of the

Armed Forces Retirement Home.

Recognition of members of the Alaska Territorial Guard as veterans

The Senate amendment contained a provision (sec. 671) that

would prospectively recognize certain former members of the Alaska Territorial Guard as veterans.

The House bill contained no similar provision.

The Senate recedes.

812

Survivor benefit plan annuities for survivors of all members who

die on active duty

The Senate amendment contained a provision (sec. 647) that

would entitle a surviving spouse of a member who dies while on

active duty to a Survivor Benefit Plan annuity.

The House bill contained no similar provision.

The Senate recedes.

Travel by reservists on military aircraft to and from locations outside the continental United States for inactive-duty training

The Senate amendment contained a provision (sec. 667) that

would permit reservists who live outside the continental United

States attending drills or annual training in the United States to

travel space-required on military aircraft.

The House bill contained no similar provision.

The Senate recedes.

TITLE VII—HEALTH CARE PROVISIONS

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Health Care Services

Provision of domiciliary and custodial care for CHAMPUS beneficiaries and certain former CHAMPUS beneficiaries (sec. 701)

The House bill contained a provision (sec. 703) that would authorize the Secretary of Defense to reimburse certain former Civilian Health and Medical Program of the Uniformed Services

(CHAMPUS) beneficiaries for costs incurred for custodial or domiciliary care services during a period of temporary ineligibility for

such services under CHAMPUS. The provision authorized a maximum expenditure of $100.0 million for the program.

The Senate amendment contained a provision (sec. 732) that

would cap the program at $100.0 million per year and would

grandfather those that participated in the Department of Defense

home health care demonstration to allow their continued participation in the case management program, without regard to age.

The House recedes with an amendment that would incorporate

the reimbursement provision in the House bill and direct the

Comptroller General to report on the effectiveness of the existing

coordination of the basic TRICARE program with the program for

persons with disabilities and the individual case management program, as they relate to meeting the health care needs of disabled

dependents of active duty military members.

Chiropractic health care for members on active duty (sec. 702)

The House bill contained a provision (sec. 737) that would require the Secretary of Defense to submit to the Committees on

Armed Services of the Senate and the House of Representatives a

plan to phase in, over a period of five years, permanent chiropractic

services for all active duty service personnel. The provision would

also require the Secretary of Defense to continue to provide the

same level of chiropractic health care services and benefits during

fiscal year 2001 as were provided during fiscal year 2000.

813

The Senate amendment contained a provision (sec. 737) that

would make permanent the provision of chiropractic health care

services to military health care system beneficiaries who enroll in

TRICARE Prime. The provision would direct the Secretary of Defense to develop and implement a plan to make available chiropractic services using a primary care manager model and would

continue services at existing demonstration sites until TRICARE

Prime enrollees at those sites would have access under the new

provision.

The Senate recedes with a technical amendment.

School-required physical examinations for certain minor dependents

(sec. 703)

The Senate amendment contained a provision (sec. 734) that

would direct the Secretary of Defense to provide eligible dependents, between the ages of 5 years and 12 years, a physical examination when such an examination is required by a school in connection with the enrollment in that school. TRICARE Prime enrollees

would require no copayment. Enrollees in TRICARE options other

than Prime would pay appropriate cost shares.

The House bill contained no similar provision.

The House recedes.

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

The Senate amendment contained a provision (sec. 735) that

would extend the medical and dental benefits for surviving dependents of certain deceased members from one year to three years.

The House bill contained no similar provision.

The House recedes.

Two-year extension of authority for use of contract physicians at

military entrance processing stations and elsewhere outside

medical treatment facilities (sec. 705)

The House bill contained a provision (sec. 701) that would extend for two years, the authority of the Secretary of Defense to contract with physicians to provide health care and new-recruit examination services at military entrance processing stations and other

locations.

The Senate amendment contained a similar provision (sec.

736).

The Senate recedes.

Medical and dental care for medal of honor recipients (sec. 706)

The House bill contained a provision (sec. 702) that would extend life-time medical and dental care, to be provided by the Department of Defense, to medal of honor recipients and their dependents.

The Senate amendment contained a similar provision (sec.

733).

The House recedes with a clarifying amendment.

814

Subtitle B—Senior Health Care

Implementation of TRICARE senior pharmacy program (sec. 711)

The House bill contained a provision (sec. 721) that would authorize the establishment of the TRICARE Senior Pharmacy Program. The program would provide Medicare eligible military retirees and their eligible family members the same pharmacy benefit

as is currently available to other military health care beneficiaries

through the TRICARE preferred provider and fee-for-services options commonly referred to as TRICARE Extra and TRICARE

Standard. The House authorized an increase of $94.0 million to the

Defense Health Program to fund this requirement.

The Senate amendment contained a provision (sec. 731) that

would authorize a specific pharmacy benefit for eligible beneficiaries of the military health care system, including those eligible

for Medicare. The provision would authorize a national mail order

program and a retail pharmacy network.

The Senate recedes with an amendment that would grandfather all participants of the Base Realignment and Closure pharmacy benefit program.

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

subvention project (sec. 712)

The House bill contained a provision (sec. 725) that would extend the Medicare subvention, or TRICARE Senior Prime, program

nationwide and would make the program permanent.

The Senate amendment contained a provision (sec. 701) that

would extend TRICARE/CHAMPUS eligibility to all military retirees and their dependents, regardless of age.

The House recedes with an amendment that would extend the

Medicare subvention program one year and would extend permanent TRICARE/CHAMPUS eligibility to all military retirees and

their dependents, regardless of age.

The conferees note that continuation of the Medicare subvention program beyond the extended termination date would be

contingent upon the Secretaries of Defense and Health and Human

Services jointly developing and implementing program terms and

conditions that are fair and equitable to both agencies, providing

a report to the Congress, and a subsequent act of Congress.

The conferees recognize that the Department of Defense has

provided some level of health care services to the senior population

and would not expect reimbursement for that level of effort. The

conferees believe the administrative costs and costs of resources expended during the process of approving a military treatment facility as a subvention site should be included when the Secretaries of

Defense and Health and Human Services jointly develop the terms

of a new subvention agreement.

While extending TRICARE/CHAMPUS eligibility to Medicareeligible beneficiaries, the conferees direct the Secretary of Defense

to refrain from using deductibles and copayments, in recognition of

their participation in Medicare Part B as a condition of participation. The conferees urge the Secretary of Defense to implement,

wherever reasonable, primary care impanelment programs patVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00844 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.262 pfrm03 PsN: HR945
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terned on the ‘‘MacDill-65’’ program which provide opportunities

for senior retirees to establish a relationship with a military primary care provider while still taking full advantage of the added

benefits under this provision.

The conferees also recognize that the ability of the Secretary

of Defense to prepare reliable budget estimates is seriously compromised by the lack of any beneficiary enrollment requirements.

With the addition of this significant TRICARE benefit for senior

military retirees and their dependents, all retired military personnel will now have access to comprehensive health care services,

no matter where they live. Therefore, the conferees direct the Secretary of Defense to submit a plan for universal, continuous enrollment of all eligible beneficiaries beginning in fiscal year 2002.

Through the enrollment system, beneficiaries would select the component of the military health care system through which they

would seek their health care services. The conferees expect the period of required enrollment would not exceed one year and some

provision would be made for individual exceptions based on unforeseen circumstances. As the enrollment plan is being developed, the

conferees encourage the Secretary of Defense to seek the views of

affected beneficiary groups. Their views should be included in the

final report. The required report shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives not later than March 30, 2001.

Accrual funding for health care for Medicare-eligible retirees and

dependents (sec. 713)

The conferees included a provision that would establish an accrual funding mechanism to finance, on an actuarially sound basis,

liabilities of the Department of Defense under Department of Defense retiree health care programs for Medicare-eligible beneficiaries.

The conferees direct the Secretary of Defense to conduct a

study using an independent entity to develop strategies for determining the periodicity and amount of payments from the Department of Defense Medicare-Eligible Retiree Health Care Fund under

section 1113 of title 10, United States Code (as added by section

713). The conferees direct the Secretary of Defense to report to the

Committees on Armed Services of the Senate and House of Representatives, not later than February 8, 2001, on the results of the

study, including any recommendations and, if appropriate, legislative provisions necessary to implement the accrual funding mechanism.

Subtitle C—TRICARE Program

Improvement of access to health care under the TRICARE program

(sec. 721)

The House bill contained a provision (sec. 739) that would

eliminate the requirement to obtain non-availability statements

under any new contract for those beneficiaries participating in

TRICARE standard.

The Senate amendment contained a similar provision (sec.

714).

816

The Senate recedes with a technical amendment.

Additional beneficiaries under TRICARE prime remote program in

the continental United States (sec. 722)

The House bill contained a provision (sec. 711) that would repeal the requirement for co-payments by family members of active

duty military members under TRICARE Prime Remote and would

require the same access and claims processing standards as would

be available under TRICARE Prime. The provision would also extend the program to all uniformed service personnel and their immediate family members, as defined in section 101 of title 10,

United States Code.

The Senate amendment contained an identical provision (sec.

711).

The conference agreement includes this provision.

Modernization of TRICARE business practices and increase of use

of military treatment facilities (sec. 723)

The House bill contained a provision (sec. 713) that would require managers for the Department of Defense TRICARE program

to implement improvements in business practices by the end of fiscal year 2001, and would require the Secretary of Defense to submit a plan for improvement by March 15, 2001. The provision

would also authorize an increase of $134.5 million for the Defense

Health Program to be used solely for the purpose of maximizing

the use of military treatment facilities.

The Senate amendment contained a similar provision (sec.

713).

The Senate recedes with a clarifying amendment.

The conferees note that the Emergency Supplemental Act,

2000 (division B of Public Law 106–246) included $695.0 million for

improvements in TRICARE for fiscal years 2000 and 2001. The

conferees direct that $134.5 million of these funds be used for

maximizing the use of military treatment facilities by improving

the efficiency of health care operations in such facilities.

The conferees note that resource sharing initiatives are achieving significant savings by recapturing services in the direct care

system. Savings can range from $1.25–$5.00 for every dollar expended. The conferees direct the Secretary of Defense to utilize the

additional funds provided by this provision to achieve comparable

savings.

The conferees understand that requirements for additional

support staff are dynamic and require a flexible approach to ensure

full utilization of military treatment facilities. The conferees direct

the Secretary of Defense to develop a flexible mechanism to acquire

additional support staff, as needed. Further, the conferees direct

the Secretary of Defense to include, as part of the plan for improving TRICARE business practices, a methodology for the cost-effective use of additional support staff.

Extension of TRICARE managed care support contracts (sec. 724)

The Senate amendment contained a provision (sec. 579) that

would provide authority to extend TRICARE managed care support

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contracts in effect or in final stages of acquisition to be extended

up to four years.

The House bill contained no similar provision.

The House recedes.

Report on protections against health care providers seeking direct

reimbursement from members of the uniformed services (sec.

725)

The House bill contained a provision (sec. 719) that would require the Secretary of Defense to provide a report to the Committees on Armed Services of the Senate and the House of Representatives on ways to discourage or prohibit TRICARE health care providers from seeking inappropriate direct reimbursement from military service members or their families for eligible health care services.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Voluntary termination of enrollment in TRICARE retiree dental

program (sec. 726)

The House bill contained a provision (sec. 720) that would authorize the Secretary of Defense to permit retirees who enrolled in

the Department of Defense Retiree Dental Program to disenroll

from the program under certain circumstances.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

The conferees recognize the necessity of a termination of enrollment appeal process and direct the Secretary to ensure appropriate dental expertise is included in such procedures. Additionally,

the conferees note the importance of making available a dental

benefit for retirees overseas and direct the Secretary of Defense to

explore expansion of this program.

Claims processing improvements (sec. 727)

The House bill contained a provision (sec. 714) that would require the Secretary of Defense to implement several changes to the

TRICARE claims process system.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Prior authorizations for certain referrals and nonavailability-ofhealth-care statements (sec. 728)

The House bill contained a provision (sec. 715) that would prohibit the Secretary of Defense from requiring any TRICARE managed care support contractors to establish prior approval requirements among network providers.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

The conferees do not intend that this provision would in any

way interfere with the relationship between the primary care provider and his or her patients or the requirement that patients enrolled under TRICARE Prime be referred for specialty care by their

primary care providers. Rather, the conferees intend that the Department of Defense would, in new managed care support conVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00847 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.263 pfrm03 PsN: HR945
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tracts, eliminate the requirement for TRICARE primary care providers to seek authorization before making a referral to a specialist

who is part of a managed care support contractor’s network of providers.

Subtitle D—Demonstration Projects

Demonstration project for expanded access to mental health counselors (sec. 731)

The House bill contained a provision (sec. 704) that would direct the Secretary of Defense to conduct a demonstration project to

determine the effect of increasing access to certified professional

mental health counselors by removing the requirement for physician referral prior to engaging a counselor under the TRICARE

program.

The Senate amendment contained no similar provision.

The Senate recedes.

Teleradiology demonstration project (sec. 732)

The House bill contained a provision (sec. 705) that would direct the Secretary of Defense to implement a teleradiology demonstration project for the purpose of increasing the efficiency of operations and coordination between outlying clinics and a major

military medical facility.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would add an additional test site.

Health care management demonstration program (sec. 733)

The Senate amendment contained a provision (sec. 740) that

would direct the Secretary of Defense to conduct a test of two models to improve health care delivery in the Defense Health Program:

one for studying alternative delivery policies, processes, organizations, technologies; and another for studying long-term disease

management.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Subtitle E—Joint Initiatives With Department of Veterans Affairs

VA–DOD sharing agreements for health services (sec. 741)

The House bill contained a provision (sec. 738) that would require the Secretary of Defense to give full force and effect to any

sharing agreement entered into between the Veterans Health Administration and the Department of Defense treatment facilities.

The provision would also require the Secretary of Defense to review

all sharing agreements.

The Senate amendment contained no similar provision.

The Senate recedes.

819

Processes for patient safety in military and veterans health care systems (sec. 742)

The House bill contained a provision (sec. 733) that would require the Secretary of Defense to implement a system of indicators,

standards, and protocols necessary to track patient safety.

The Senate amendment contained a provision (sec. 721) that

would direct enhanced cooperation between the Department of Defense and Department of Veterans Affairs in the area of patient

safety.

The House recedes with a technical amendment.

Cooperation in developing pharmaceutical identification technology

(sec. 743)

The House bill contained a provision (sec. 734) that would require the Secretary of Defense to implement a pharmaceutical bar

code identification program to improve the safety of Department of

Defense pharmacy programs.

The Senate amendment contained a provision (sec. 722) that

would direct the Secretary of Defense and the Secretary of Veterans Affairs to develop jointly a plan to bar code pills and to explore a bar code capability for the mail order pharmacy program.

The House recedes with a technical amendment.

Subtitle F—Other Matters

Management of anthrax vaccine immunization program (sec. 751)

The House bill contained a provision (sec. 735) that would

strengthen congressional oversight of the Department of Defense

Anthrax Vaccine Immunization Program (AVIP). The provision

would require the Secretary of Defense to implement several initiatives to strengthen oversight of the program including: requiring

the Secretary to track and report separations resulting from refusal

to participate in the program; requiring guidance for emergency essential civilian personnel who are participating in AVIP; requiring

the Secretary of Defense to put uniform medical and administrative

exemptions into regulation; improving monitoring of adverse reactions; development of a plan for modernizing all-force protection

immunizations; and requiring reports on financial and overall program management.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would eliminate

the procurement components of the provision and would focus on

the administration of the AVIP.

Elimination of copayments for immediate family (sec. 752)

The House bill contained a provision (sec. 712) that would repeal the requirement for co-payments by family members of active

duty military members enrolled in TRICARE Prime.

The Senate amendment contained a similar provision (sec.

712).

The House recedes with a clarifying amendment.

The conferees expect the Department of Defense to ensure that

implementation of this provision would not impose additional costs

on managed care support contractors. Further, it is not the intent

820

of the conferees to eliminate copayments for pharmaceutical benefits under the mail order pharmacy program or such similar cost

shares. The conferees expect implementation within 180 days after

enactment of this Act.

Medical informatics (sec. 753)

The Senate amendment contained a provision (sec. 723) that

would direct the Secretary of Defense to include two additional sections in the medical informatics report required by section 723 of

the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65). The provision would also direct that, from within

the resources of the Defense Health Program, $64.0 million be expended on a computerized patient record system, and $9.0 million

be expended on an integrated pharmacy system in fiscal year 2001.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Patient care reporting and management system (sec. 754)

The Senate amendment contained a provision (sec. 739) that

would direct the Secretary of Defense to implement a patient care

reporting and management system in the military health system to

identify, track, and report on errors and safety problems.

The House bill contained no similar provision.

The House recedes.

Augmentation of Army medical department by detailing reserve officers of the Public Health Service (sec. 755)

The Senate amendment contained a provision (sec. 742) that

would authorize the Secretary of the Army and the Secretary of

Health and Human Services to enter into an agreement to conduct

a program under which officers of the Public Health Service Corps

Inactive Reserve may be detailed to augment the Army Medical

Department, subject to existing statutory authorities.

The House bill contained no similar provision.

The House recedes.

Privacy of Department of Defense medical records (sec. 756)

The Senate amendment contained a provision (sec. 744) that

would direct the Secretary of Defense to create a blue ribbon advisory panel on Department of Defense policies regarding the privacy

of medical records for beneficiaries of the military health care system.

The House bill contained no similar provision.

The House recedes with an amendment that would direct the

Secretary of Defense to report to Congress on a comprehensive plan

to improve privacy protections for Department of Defense medical

records, consistent with the Health Insurance Portability and Accountability Act of 1996. The conferees further direct the Secretary

of Defense to issue interim regulations to expedite implementation

of this provision and allow for reasonable use of medical records for

certain circumstances including, but not limited to, national security, law enforcement, patient treatment, and payment for health

care services.

821

Authority to establish special locality-based reimbursement rates; reports (sec. 757)

The House bill contained a provision (sec. 716) that would authorize the Secretary of Defense to establish higher rates for reimbursement for services in some localities under certain conditions.

The Senate amendment contained a provision (sec. 715) that

would enhance access to TRICARE in rural states by increasing the

maximum allowable charge by physicians in rural areas.

The Senate recedes with a clarifying amendment.

The conferees intend that the Department of Defense focus on

resolving provider participation issues, particularly in rural areas,

where limited numbers of health care providers present extreme

difficulties in accessing care.

Reimbursement for certain travel expenses (sec. 758)

The House bill contained a provision (sec. 717) that would authorize the Secretary of Defense to reimburse TRICARE beneficiaries for their reasonable expenses incurred while traveling to

a referral more than 100 miles from the location at which they normally receive their primary care services.

The Senate amendment contained no similar provision.

The Senate recedes.

Reduction of cap on payments (sec. 759)

The House bill contained a provision (sec. 718) that would reduce the maximum amount retired TRICARE beneficiaries could

pay under TRICARE to $3,000 per family. The House bill authorized an increase in the Defense Health Program of $32.0 million for

this purpose.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Training in health care management and administration (sec. 760)

The House bill contained a provision (sec. 731) that would require the Secretary of Defense to provide a report to the Committees on Armed Services of the Senate and the House of Representatives on the continued implementation of section 715 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law

104–106). The provision would increase the number of senior management positions requiring professional management and administrative experience.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

The conferees direct the Secretary of Defense to ensure that

senior managers involved in leading and managing the Department

of Defense complex health care delivery program are provided all

possible professional management and administrative opportunities

to increase their ability to succeed in this dynamic environment.

Study on feasibility of sharing biomedical research facility (sec. 761)

The House bill contained a provision (sec. 736) that would require the Secretary of the Army to conduct a study on the feasibility of a military medical center sharing a biomedical research facility with the Department of Veterans Affairs and an academic inVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00851 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.266 pfrm03 PsN: HR945
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stitution to make more efficient use of funding for biomedical research.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would add an additional site for such a demonstration.

Study on comparability of coverage for physical, speech, and occupational therapies (sec. 762)

The House bill contained a provision (sec. 740) that would direct the Secretary of Defense to conduct a study comparing coverage and reimbursement for covered beneficiaries for physical,

speech, and occupational therapies under the TRICARE program

and the Civilian Health and Medical Program of the Uniformed

Services to coverage and reimbursement for such therapies by insurers under Medicare and the Federal Employees Health Benefits

Program.

The Senate amendment contained no similar provision.

The Senate recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Extended coverage under the Federal Employees Health Benefits

Program

The House bill contained a provision (sec. 723) that would extend the period of the Federal Employees Health Benefits Program

demonstration for one year and would require the Secretary of Defense to take actions to encourage participation in the program to

its full authorized enrollment level.

The Senate amendment contained no similar provision.

The House recedes.

Extension of TRICARE senior supplement program

The House bill contained a provision (sec. 724) that would extend the period of the TRICARE Senior Supplement Program for

one year.

The Senate amendment contained no similar provision.

The House recedes.

Service areas of transferees of former uniformed services treatment

facilities

The Senate amendment contained a provision (sec. 743) that

would expand the service areas of former uniformed services treatment facilities.

The House bill contained no similar provision.

The Senate recedes.

Study of accrual financing for health care for military retirees

The House bill contained a provision (sec. 732) that would direct the Secretary of Defense to conduct a study on the feasibility

and desirability of financing the military health care program for

uniformed services retirees on an accrual basis.

The Senate amendment contained a similar provision (sec.

741).

823

The conferees adopted an accrual funding provision elsewhere

in this conference agreement.

Study of accrual financing for health care for retirees of the uniformed services

The House bill contained a provision (sec. 732) that would require the Secretary of Defense to conduct a study on the feasibility

and desirability of financing the military health care program for

uniformed services retirees on an accrual basis.

The Senate amendment contained a similar provision (sec.

741).

The House recedes with a technical amendment.

Study on health care options for Medicare-eligible military retirees

The House bill contained a provision (sec. 722) that would require the Secretary of Defense to conduct a study on alternatives

for providing continued health care benefits for Medicare-eligible

military retirees.

The Senate amendment contained no similar provision.

The House recedes.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

ITEMS OF SPECIAL INTEREST

Acquisition programs at the National Security Agency

The Senate report accompanying S. 2549 (S. Rept. 106–292)

would direct the National Security Agency (NSA) and the Department of Defense to manage the ongoing NSA modernization effort

as though it were a major defense acquisition program, as defined

in section 2430 of title 10, United States Code.

The House report accompanying H.R. 4205 (H. Rept. 106–616)

contained no such direction.

The conferees agree that there is a need to improve the acquisition management and oversight processes to ensure sufficient

structure, accountability, and visibility for the vital NSA modernization efforts. However, the conferees are not convinced that

the DOD acquisition model is sufficiently flexible and timely to

allow the NSA to deliver the necessary capabilities against the rapidly changing threat environment.

The conferees understand that representatives from the Intelligence Community (IC), the NSA, and the Office of the Secretary

of Defense have jointly begun to define a formal plan to improve

oversight of the NSA acquisition efforts, and that an interim oversight board has been used to review a major NSA acquisition program. The conferees understand that the IC and the DOD jointly

intend to create a streamlined acquisition management and oversight process that will improve DOD and IC oversight of the NSA

Acquisition process.

The conferees agree to allow some time for this new plan to

achieve the objectives of providing sufficient structure, accountability, and visibility for the very important modernization efforts

underway within NSA. The conferees take this position with the

understanding that DOD and the IC will implement oversight proVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00853 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.267 pfrm03 PsN: HR945
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cedures that will achieve several objectives: (1) aid the Director of

NSA in the effort to accomplish fundamental financial and acquisition management reforms within the agency; (2) improve the linkage between the development of requirements and the acquisition

process; (3) ensure that internal NSA acquisition processes comply

with DOD and IC policy and with best practices; (4) improve the

linkage across agencies for end-to-end performance; and (5) allow

the Director to have sufficient flexibility to deliver urgently needed

capability.

The conferees direct the Director of NSA, the Director of Central Intelligence, and the Secretary of Defense to provide the Congress with a report, concurrent with the budget request for fiscal

year 2002, that outlines the oversight plan, including the changes

the plan will make in the acquisition process. If implementation of

this oversight plan fails to demonstrate a review mechanism that

meets these objectives, the conferees may insist on requiring that

NSA manage its programs as major defense acquisition programs

in the future.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Amendments to General Contracting Authorities,

Procedures, and Limitations

Department of Defense acquisition pilot programs (sec. 801)

The House bill contained a provision (sec. 801) that would

amend the Federal Acquisition Streamlining Act of 1994 (Public

Law 103–355) to extend until fiscal year 2005 certain acquisition

pilot programs and to require a report on the pilot programs.

The Senate amendment contained a provision (sec. 806) that

would extend this authority through October 1, 2007.

The House recedes with an amendment that would add the 500

pound Joint Direct Attack Munition to the original pilot program

and include a reporting requirement.

Multiyear services contracts (sec. 802)

The House bill contained a provision (sec. 808) that would

amend section 2306b of title 10, United State Code, to clarify that

this section applies to the multiyear procurement of services, as

well as to the multiyear procurement of property.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would insert a

new section in title 10, United States Code, that would clarify the

authority to enter into multiyear contracts for the acquisition of

services. The conferees direct the Secretary of Defense to provide

to the congressional defense committees, not later than February

1, 2001, a report that contains information comparable to that required by section 2306b(l)(4) for each multiyear service contract

and each extension of an existing multiyear service contract entered into, or planned to be entered into, during the current or preceding year.

825

Clarification and extension of authority to carry out certain prototype projects (sec. 803)

The House bill contained a provision (sec. 805) that would

amend section 845 of the National Defense Authorization Act for

Fiscal Year 1994 (Public Law 103–160), to extend for three years

the authority of the Defense Advanced Research Projects Agency,

the military departments, and other officials designated by the Secretary of Defense to carry out prototype projects using transactions

other than contracts, cooperative agreements, and grants, which

must be executed in accordance with statutes or regulations applicable to contracts.

The Senate amendment contained a provision (sec. 807) that

would extend for three years the other transaction prototype authority, identify appropriate uses of this authority to include cost

sharing arrangements and the participation of nontraditional defense contractors, and establish a pilot program for the transition

to follow-on production contracts for prototypes developed under

the section 845 authority.

The House recedes with an amendment to modify the circumstances under which section 845 authority can be used and to

strike the pilot program for the transition to follow-on production

contracts for prototypes developed under the section 845 authority.

The conferees note the recommendations contained in the report of the Comptroller General ‘‘Acquisition Reform: DOD’s Guidance on Using Section 845 Agreements Could be Improved’’ (GAO/

NSIAD –00–33, dated April 2000), that the Secretary of Defense

provide updated guidance that lays out the conditions for using section 845 agreements and provides a framework to tailor the terms

and conditions appropriate for each agreement. The General Accounting Office (GAO) recommended that the Secretary should establish and require the use of a set of metrics, including the number of commercial firms participating in section 845 agreements,

which are measurable and directly related to the agreement’s use.

The GAO also recommended that these requirements should be in

place in time to assist in the deliberations on whether to extend

the authority past September 30, 2001. The conferees further note

that the Department of Defense (DOD) concurred with the need for

revised guidance to help determine when section 845 agreements

should be used, and that the Department planned to issue an updated guide by April 2000. The conferees direct the Secretary of

Defense to issue the revised DOD guidelines for using section 845

agreements within 90 days of the enactment of this Act.

Clarification of authority of Comptroller General to review records

of participants in certain prototype projects (sec. 804)

The Senate amendment contained a provision (sec. 808) that

would clarify the audit access of the Comptroller General over

other transaction prototype authority agreements for those contractors who have only done business with the government under other

transaction authority or through cooperative agreements.

The House bill contained no similar provision.

The House recedes.

826

Extension of time period of limitation on procurement of ball bearings and roller bearings (sec. 805)

The House bill contained a provision (sec. 807) that would

amend section 2534 of title 10, United States Code, to extend the

limitations on the procurement of ball bearings and roller bearings.

This provision would also extend the limitations on the procurement of naval valves for another three fiscal years, and authorize

limitations on the procurement of polyacrylonitrile based carbon

fiber (PAN carbon fiber) for the next three fiscal years.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would extend the

limitations on the procurement of ball bearings and roller bearings

to October 1, 2005. The conferees note that the domestic source restriction on PAN carbon fiber was first instituted in the 1980s after

the Department of Defense determined that it was overly dependent on foreign industry for PAN carbon fibers. The conferees determined that a legislative restriction was unnecessary, because the

Department of Defense has extended by three years the regulatory

domestic source restriction on PAN based carbon fibers.

Reporting requirements relating to multiyear contracts (sec. 806)

The Senate amendment contained a provision (sec. 802) that

would clarify the multiyear reporting requirements required by section 2306b of title 10, United States Code.

The House bill contained no similar provision.

The House recedes with a clarifying amendment that would require an annual report that addresses all multiyear contracts, regardless of the dollar value, and require a separate report prior to

entering into a multiyear contract or extension above $500.0 million if the information required by section 2306b, for the contract

or extension was not included in the annual report required by this

provision.

Eligibility of small business concerns owned and controlled by

women for assistance under the mentor-protege program (sec.

807)

The Senate amendment contained a provision (sec. 809) that

would add small business concerns owned and controlled by women

to the list of entities that are eligible to participate in the pilot

mentor-protege program established by section 831 of the National

Defense Authorization Act for Fiscal Year 1991 (Public Law 101–

510).

The House bill contained no similar provision.

The House recedes.

Qualifications required for employment and assignment in contracting positions (sec. 808)

The Senate amendment contained a provision (sec. 811) that

would require a baccalaureate degree and 24 semester credit hours

in business disciplines for new entrants into the GS–1102 occupational series and for contracting officers above the simplified acquisition threshold.

The House bill contained no similar provision.

The House recedes with a technical amendment.

827

Revision of authority for solutions-based contracting pilot program

(sec. 809)

The Senate amendment contained a provision (sec. 815) that

would amend section 5312 of the Clinger-Cohen Act (divisions D

and E of the National Defense Authorization Act for Fiscal Year

1996 [Public Law 104–106]) to remove detailed statutory requirements concerning the development of a pilot plan to include elimination of the direct participation of private information technology

specialists as part of a public-private working group.

The House bill contained no similar provision.

The House recedes.

Procurement notice of contracting opportunities through electronic

means (sec. 810)

The Senate amendment contained a provision (sec. 818) that

would allow electronic postings of solicitations through the single

government-wide point of entry designated in the Federal Acquisition Regulations.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Subtitle B—Information Technology

Acquisition and management of information technology (sec. 811)

The House bill contained a provision (sec. 363) that would require that for the next three fiscal years all mission essential and

mission critical information technology systems be registered with

the Chief Information Officer of the Department of Defense (DOD).

The House bill also contained a provision (sec. 806) that would require that in each of the next three fiscal years the Department of

Defense Chief Information Officer certify that each major automated information system is in compliance with the Clinger-Cohen

Act of 1996 (divisions D and E of Public Law 104–106) prior to

granting milestone approval.

The Senate amendment contained a provision (sec. 803) with

similar registration and approval requirements. The provision

would also require the Chief Information Officers of the DOD and

the military services to maintain a consolidated inventory of DOD

mission critical and mission essential information systems, to identify interfaces between these and other information systems, and to

maintain contingency plans for responding to a disruption in the

operation of any of these information systems. The Senate provision included similar requirements to the House provisions.

The Senate recedes with an amendment that would establish

registration and approval requirements to enhance the management and oversight of information technology acquisitions.

Tracking and management of information technology purchases

(sec. 812)

The Senate amendment contained a provision (sec. 804) that

would require the Secretary of Defense and the secretaries of the

military departments to administer an automated system to track

and manage purchases of information technology products and

services in excess of the simplified acquisition threshold.

828

The House bill contained no similar provision.

The House recedes with an amendment requiring the Secretary

of Defense to provide for the collection of data on purchases of information technology.

The conferees understand that the requirements of this section

will be met through the incorporation of the new data elements

into the Defense Contract Action Data System which is the DOD

data collection system for reporting contract actions to the Federal

Procurement Data System.

Appropriate use of requirements regarding experience and education

of contractor personnel in the procurement of information technology services (sec. 813)

The Senate amendment contained a provision (sec. 816) that

would limit the circumstances in which bid solicitations for contracts of information technology services set forth minimum contractor personnel requirements for contract award eligibility.

The House bill contained no similar provision.

The House recedes with an amendment that would preclude in

the bid solicitation for any contract of information technology services, minimum requirements for contractor personnel unless: (1)

the contracting officer first determines that the needs of the agency

cannot be met without such requirement; or (2) the needs of the

agency require the use of a type of contract other than a performance-based contract.

Navy-Marine Corps Intranet (sec. 814)

The House bill contained a provision (sec. 332) that would prohibit the Department of the Navy from using fiscal year 2001 funds

for payment of a long-term contract for comprehensive end-to-end

shore based information services, known as the Navy Marine Corps

Intranet (NMCI), until supporting documentation is provided to

Congress.

The Senate amendment contained a similar provision (sec. 810)

that would require the Secretary of the Navy to submit a report to

Congress before beginning performance of the NMCI contract. The

Senate amendment would also require that the Marine Corps, the

naval shipyards, and the naval aviation depots be excluded from

the performance of the contract in the first year; the program be

developed incrementally; the impact on federal employees be mitigated; and the program be implemented in accordance with the requirements of the Clinger-Cohen Act of 1996, and applicable regulations and directives.

The House recedes with an amendment that would prohibit the

Department of Navy to obligate or expend funds on NMCI until the

Comptroller of the Department of Defense and the Director of the

Office of Management and Budget (OMB) have reviewed and commented on the Department of Navy’s June 30, 2000, and July 15,

2000, reports to the Congress; and the Secretary of the Navy and

the Chief of Naval Operations have submitted a joint certification

to Congress that they have reviewed the business case for the contract, reviewed OMB and Department of Defense Comptroller comments, and have determined that implementation of the contract is

in the best interest of the Department of the Navy. The amendVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00858 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.270 pfrm03 PsN: HR945
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ment would also require additional certifications by the DOD

Comptroller, the Secretary of the Navy, and Chief of Naval Operations before more than 15 percent of the planned total number of

work stations could be provided under the NMCI program.

The conferees recognize the need to upgrade the Navy’s shore

based information infrastructure, but remain concerned about affordability and effective management oversight of the program. To

reduce risk in the program, the conferees direct the Secretary of

Navy to ensure that contract management organization and procedures are in place before a contract is awarded, service level agreements are fully defined in the contract, requirements are validated

for information technology services requested, a comprehensive

funding transition plan and schedule, which includes complete and

comprehensive cost estimates, are developed, a system for tracking

NMCI costs and benefits is established, outcome-oriented performance measures beyond those in the service-level agreements are established, oversight and reporting responsibilities (both within the

Navy and DOD) over the NMCI program are finalized, and measures of success are defined for the first increment of the program.

The conferees direct the Comptroller General to review the Department of Navy’s June 30, 2000, and July 15, 2000, reports to

Congress on the NMCI. The Comptroller General shall report to

the Committees on Armed Services of the Senate and House of

Representatives, the Secretary of Navy, and the Chief of Naval Operations on the risks that face the Navy on the NMCI program and

recommend actions to mitigate such risks no later than 30 days

after the enactment of this Act.

Sense of Congress regarding information technology systems for

guard and reserve components (sec. 815)

The House bill contained a provision (sec. 1040) that would express the sense of Congress regarding information technology systems.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Subtitle C—Other Acquisition-Related Matters

Improvements in procurements of services (sec. 821)

The Senate amendment contained a provision (sec. 801) that

would improve the procurement of services by establishing: (1) a

governmentwide preference for performance based service contracting; (2) a Department of Defense Center of Excellence for service contracts; and (3) an incentive for the use of performance-based

service contracts within the Department of Defense by treating performance based service contracts or performance based service task

orders under $5.0 million as commercial items and thereby authorizing the use of simplified commercial procedures under Part 12 of

the Federal Acquisition Regulations.

The House bill contained no similar provision.

The House recedes with a technical amendment.

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Financial analysis of use of dual rate for quantifying overhead costs

at army ammunition plants (sec. 822)

The Senate amendment contained a provision (sec. 813) that

would require the Secretary of the Army to conduct a financial

analysis of the benefits and costs of permitting the use of dual

overhead rates at Department of Army government-owned facilities

as a means of encouraging commercial use of these facilities.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

scope of the financial analysis to Department of Army ammunition

facilities.

Repeal of prohibition on use of Department of Defense funds for the

procurement of nuclear-capable shipyard crane from a foreign

source (sec. 823)

The Senate amendment contained a provision (sec. 143) that

would strike section 8093(d) of the Department of Defense Appropriations Act, 2000 (Public Law 106–79) relating to the prohibition

on the use of Department of Defense funds to procure a nuclearcapable shipyard crane from a foreign source.

The House bill contained no similar provision.

The House recedes.

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

47E and MH–60K helicopter modifications programs (sec. 824)

The House bill contained a provision (sec. 804) that would

amend section 142 of the National Defense Authorization Act for

Fiscal Year 1993 (Public Law 102–484) to authorize the Secretary

of Defense to waive the survivability testing requirements contained in section 2366 of title 10, United States Code, for the MH–

47E and MH–60K helicopters prior to full materiel release of those

systems.

The Senate amendment contained no similar provision.

The Senate recedes.

Compliance with existing law regarding purchases of equipment

and products (sec. 825)

The House bill contained a provision (sec. 813) that would limit

funds to be expended by an entity of the Department of Defense

(DOD) unless the entity agrees to comply with the Buy America

Act, express the sense of Congress stating that DOD should only

purchase American-made equipment and products, and require the

Secretary of Defense to determine whether a person should be

debarred from federal contracting if that person has been convicted

of fraudulent use of ‘‘Made in America’’ labels.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strike the

limitation on funding and express the sense of Congress that DOD

should fully comply with the Buy America Act and section 2533,

title 10, United State Code, regarding determinations of public interest under the Buy American Act.

831

Requirement to disregard certain agreements in awarding contracts

for the purchase of firearms or ammunition (sec. 826)

The House bill contained a provision (sec. 810) that would prohibit the Department of Defense from using a preference for the

procurement of items from a marketer or vendor of firearms or ammunition that has entered into an agreement to abide by a designated code of conduct, operating practice, or product design.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Subtitle D—Studies and Reports

Study on impact of foreign sourcing of systems on long-term military readiness and related industrial infrastructure (sec. 831)

The House bill contained a provision (sec. 809) that would require the Secretary of Defense to study and provide a report to

Congress on whether parts, components, and materials of certain

systems are obtained through domestic sources or from foreign

sources, and the impact on military readiness of purchasing such

items from foreign sources.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would clarify the

scope and requirements of the study.

Study of policies and procedures for transfer of commercial activities (sec. 832)

The Senate amendment contained a provision (sec. 817) that

would require the Comptroller General to convene a panel to study

rules and procedures for public-private competitions for the performance of government commercial activities.

The House bill contained no similar provision.

The House recedes with an amendment that clarifies the scope

and timing of the study.

Study and report on practice of contract bundling in military construction contracts (sec. 833)

The House bill contained a provision (sec. 811) that would

would require the Comptroller General to study the use ‘‘contract

bundling’’ in military construction contracts.

The Senate amendment contained no similar provision.

The Senate recedes.

Requirement to conduct study on contract bundling (sec. 834)

The House bill contained a provision (sec. 812) that would require the Secretary of Defense to conduct a comprehensive study

of contract bundling by the Department of Defense.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would strike the

requirement for the establishment of a contracting data base and

require that the study review the effect of contract bundling on historically underutilized business zones.

832

LEGISLATIVE PROVISIONS NOT ADOPTED

Management of acquisition of mission-essential software for major

defense acquisition programs

The House bill contained a provision (sec. 803) that would require the Under Secretary of Defense for Acquisition, Technology,

and Logistics to designate a Director of Mission-Essential Software

Management.

Senate amendment contained no similar provision.

The House recedes.

The conferees direct the Secretary of Defense to report to Congress by March 1, 2001, on: (1) the roles of the Undersecretary of

Defense for Acquisition and Technology and the Chief Information

Officer of the Department of Defense (DOD) in developing, managing, and reviewing policies regarding the procurement of mission-essential software; and (2) the amount of funds for information

technology and software used to support Department of Defense

weapon systems.

Repeal of requirement for contractor assurances regarding the completeness, accuracy, and contractual sufficiency of technical

data provided by contractor

The Senate amendment contained a provision (sec. 805) that

would eliminate the requirement for contractors providing technical

data to the government to furnish written assurances that the

technical data is complete, accurate, and satisfies the requirements

of the contract.

The House bill contained no similar provision.

The Senate recedes.

Revision of the organization and authority of the cost accounting

standards board

The Senate amendment contained a provision (sec. 814) that

would modify the composition of the cost accounting standards

(CAS) board and provide CAS waiver authority for firm fixed price

contracts for which the requirement to provide cost or pricing data

was waived.

The House bill contained no similar provision.

The Senate recedes.

Technical data rights for items developed exclusively at private expense

The House bill contained a provision (sec. 802) that would

amend section 2320 of title 10, United States Code, by modifying

the circumstances under which a contractor would be considered

responsive to a solicitation.

The Senate amendment contained no similar provision.

The House recedes.

The conferrees note that section 2320 of title 10, United States

Code, establishes the statutory basis for regulations governing

rights in technical data under Department of Defense contracts.

This provision establishes the basic rule that the government has

unlimited rights to technical data developed exclusively with federal funds; the government does not generally have rights in techVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00862 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.272 pfrm03 PsN: HR945
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nical data established exclusively at private expense; and rights to

data developed in part with federal funds and in part at private expense are negotiable. When the government purchases an item developed exclusively at private expense, however, section 2320 reserves the government’s limited right to technical data that

‘‘* * * is necessary for operation, maintenance, installation, or

training (other than detailed manufacturing or process data).’’

Department of Defense officials have noted that it is increasingly common that commercially-developed systems or components

are either returned to the manufacturer for repair or discarded. In

such cases, these officials state, the government does not need technical data, and the insistence that contractors provide such data

could discourage commercial companies from doing business with

the government.

The conferees believes that this concern is based upon a

misreading of the statute. Section 2320 requires contractors to provide only technical data that ‘‘is necessary’’ for operation, maintenance, installation, or training. This requirement provides executive branch officials with the flexibility to determine what data, if

any, is necessary for these limited purposes. If, in view of the manner in which the system or component will be used, no data is necessary for these purposes, the government should not require the

seller to provide any such data. The conferees direct the Department to review the regulations implementing section 2320 and

adopt any changes that may be necessary to clarify this point.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Duties and Functions of Department of Defense

Officers

Overall supervision of Department of Defense activities for combating terrorism (sec. 901)

The Senate amendment contained a provision (sec. 902) that

would designate the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict (ASD–SOLIC) as the principal

civilian advisor to the Secretary of Defense on, and the principal

official within the senior management of the Department of Defense (DOD) (after the Secretary and Deputy Secretary of Defense)

responsible for, combating terrorism. The ASD–SOLIC would provide overall direction and supervision for policy, program planning

and execution, and allocation and use of resources for the activities

of the Department of Defense for combating terrorism, including

antiterrorism activities, counterterrorism activities, terrorism consequence management activities, and terrorism-related intelligence

support activities.

The House bill contained no similar provision.

The House recedes with an amendment that provides the Secretary with the discretion to designate any one of the assistant secretaries with the overall supervision of the Department’s combating

terrorism activities. The amendment specifies that should the Secretary designate an assistant secretary other than ASD–SOLIC,

834

then the responsibilities of the ASD–SOLIC related to combating

terrorism shall be exercised subject to this provision.

Change of title of certain positions in the Headquarters, Marine

Corps (sec. 902)

The House bill contained a provision (sec. 901) that would abolish the positions of Chief of Staff and Deputy and Assistant Chiefs

of Staff from Headquarters, Marine Corps, and would authorize

five Deputy Commandant positions within Headquarters, Marine

Corps.

The Senate amendment contained no similar provision.

The Senate recedes.

Clarification of scope of Inspector General authorities under military whistleblower law (sec. 903)

The House bill contained a provision (sec. 903) that would clarify the responsibilities of inspectors general under section 1034 of

title 10, United States Code, and would also clarify that the provisions of this statute applied to any officer of the armed forces or

civilian employee of the Department of Defense assigned or detailed to serve as an Inspector General at any level in the Department.

The Senate amendment contained a similar provision (sec.

905).

The Senate recedes.

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. 904)

The Senate amendment contained a provision (sec. 914) that

would clarify the duties of the Chief of Naval Research to stress

the responsibility for transition of science and technology to higher

levels of research, development, test and evaluation (RDT&E).

The House bill contained no similar provision.

The House recedes with an amendment that would emphasize

the role in fostering the transition of science and technology to

higher levels for all of the officers currently assigned such duties:

the Undersecretary of Defense for Acquisition, Technology and Logistics, the secretaries of the military departments, and directors of

defense agencies with assigned research, development, test, and

evaluation. The provision would also specifically address the role of

the Chief of Naval Research relative to assigned duties relating to

basic and applied research and advanced technology development

as provided in section 5022 of Title 10, United States Code. By

transition to higher levels of RDT&E, the conferees intend to include the following: transition of technology to higher budget categories of RDT&E; to useful application in industry to operational

military techniques; to accessing, retaining, training and educating

military and civilian members of the Department of Defense; to

procurement and to other applications that improve the effectiveness or reduce the cost of equipment or operations within the Department.

The conferees are concerned that the percentage of technology

initiatives incorporated into acquisition programs continues to be

835

low. In some cases, this transition problem may be attributable to

the rapid pace of technological developments and the comparatively

slow pace of the acquisition system. However, there also appears

to be a communication problem between the science and technology

community and the acquisition community in all three services.

The conferees believe that a strong commitment to technology transition is needed in both communities to ensure the successful incorporation of technology developments into weapon systems.

Additional components of Chairman of the Joint Chiefs of Staff annual report on combatant command requirements (sec. 905)

The Senate amendment contained a provision (sec. 1021) that

would amend section 153 of title 10, United States Code, to require

the Chairman of the Joint Chiefs to include within his report to

Congress on the readiness requirements of the combatant commanders information on the extent to which those requirements

are addressed in the Future Years Defense Program.

The House bill contained no similar provision.

The House recedes with an amendment that would amend the

date of the report to February 1 of each year, and would require

the identification of the extent to which the Future Years Defense

Program includes funds to address the capability shortfalls identified during the Joint Readiness Review conducted during the first

quarter of the fiscal year.

Subtitle B—Department of Defense Organization

Western Hemisphere Institute for Security Cooperation (sec. 911)

The House bill contained a provision (sec. 908) that would

amend Chapter 108 of Title 10, United States Code, authorizing

the Army to operate the U.S. Army School of the Americas and

would authorize the Secretary of Defense to operate a Defense Institute for Hemispheric Security Cooperation. The institute would

be operated for the purpose of providing professional education and

training in defense and security matters to military, law enforcement and civilian personnel of nations of the Western Hemisphere.

The curricula of the institute would include a minimum of eight

hours of instruction per student in human rights, the rule of law,

due process, civilian control of the military, and the role of the military in a democratic society. There would be a board of visitors to

oversee the activities and curricula of the institute and the board

would submit an annual report to the Secretary of Defense and, in

turn, to Congress.

The Senate amendment contained a provision (sec. 1204) that

would amend Chapter 108 of Title 10, United States Code, authorizing the Army to operate the U.S. Army School of the Americas

and would authorize the Secretary of Defense to operate a Western

Hemisphere Institute for Professional Education and Training. The

institute would be operated for the purpose of providing professional education and training to military, law enforcement and civilian personnel of the Western Hemisphere in areas such as leadership development, counterdrug operations, peace support operations, and disaster relief. The curricula of the institution would include, at a minimum, eight hours of instruction relating to human

836

rights, the rule of law, due process, civilian control of the military,

and the role of the military in a democratic society. There would

be a board of visitors, including four members of Congress and six

members from academia, the religious community, and the human

rights community, to review the institute’s curricula and instruction. The board would submit an annual report to the Secretary of

Defense. The Secretary of Defense would submit an annual report,

in coordination with the Secretary of State and the heads of other

agencies, to Congress detailing the activities of the institute during

the previous calendar year.

The House recedes with an amendment that would name the

institute the Western Hemisphere Institute for Security Cooperation; modify the composition of the board of visitors to include the

Chairman and Ranking Members of the Armed Services Committees of the Senate and the House of Representatives, or their designees; modify the role of the Secretary of State with regard to the

selection of the institute’s foreign students; and require the Secretary of Defense to consult only with the Secretary of State in the

preparation of the annual report.

Department of Defense regional centers for security studies (sec. 912)

The House bill contained a provision (sec. 909) that would

amend title 10, United States Code, to consolidate various authorities that currently exist regarding the operation of Department of

Defense (DOD) regional centers for security studies. The provision

would also require congressional notification of an intent to establish additional regional centers and an annual report to Congress

by the Secretary of Defense on the status, objectives, and operations of the regional centers.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would eliminate

the consolidation requirement and expand the annual report section by requiring that budgetary and international participation information be included in the report. The amendment would also require the first annual report to include any recommendation for

legislation that the Secretary considers appropriate for the operation of DOD regional centers.

The conferees note their intent to address next year the full

range of issues identified by the Department, taking into account

the information contained in the report required by this section.

Change in name of Armed Forces Staff College to Joint Forces Staff

College (sec. 913)

The House bill contained a provision (sec. 910) that would

amend section 2165 of title 10, United States Code, to change the

name of the Armed Forces Staff College to Joint Forces Staff College.

The Senate amendment contained no similar provision.

The Senate recedes.

Special authority for administration of Navy Fisher Houses (sec.

914)

The Senate amendment contained a provision (sec. 908) that

would clarify the degree to which the Navy Fisher Houses may be

837

provided common support equivalent to category B community support activities and would permit the current general schedule employees to continue to serve until they leave those positions.

The House bill contained no similar provision.

The House recedes.

Supervisory control of Armed Forces Retirement Home Board by

Secretary of Defense (sec. 915)

The Senate amendment contained a provision (sec. 911) that

would require the Armed Forces Retirement Home Board to be subject to the authority, direction, and control of the Secretary of Defense on the performance of its responsibilities, and would give the

Secretary of Defense authority over appointment and terms of

board members, and would make the Chairman of the Retirement

Home Board responsible to the Secretary of Defense.

The House bill contained no similar provision.

The House recedes with an amendment that would establish

the effective date for the provision as the date on which the Secretary of Defense increases the monthly contribution of enlisted

and warrant officer personnel from $0.50 to $1.00 per month.

Semiannual report on the Joint Requirements Oversight Council reform initiative (sec. 916)

The Senate amendment contained a provision (sec. 1022) that

would require the Chairman of the Joint Chiefs of Staff to submit

a semiannual report to the congressional defense committees on

specific activities of the Joint Requirements Oversight Council.

The House bill contained no similar provision.

The House recedes with an amendment that would terminate

the requirement for this report upon submission of a fifth and final

report no later than March 1, 2003. The amendment would establish reporting periods and specific dates for the submission of the

required reports and clarifies specific reporting requirements.

Comptroller General review of operations of Defense Logistics Agency (sec. 917)

The Senate bill contained a provision (sec. 1025) that would require the Comptroller General to conduct a review of all the functions of the Defense Logistics Agency to assess their efficiency,

their effectiveness in meeting customer needs, their ability to adopt

best business practices, and to identify alternative approaches for

improving the agency’s operations.

The House amendment had no similar provision.

The House recedes.

Comptroller General review of operations of Defense Information

Systems Agency (sec. 918)

The Senate amendment contained a provision (sec. 1026) that

would require the Comptroller General to conduct a comprehensive

review of the operations of the Defense Information Systems Agency and make such recommendations that the Comptroller General

determines would improve the support that this agency provides to

the military services.

The House bill contained no similar provision.

838

The House recedes with a technical amendment.

Subtitle C—Information Security

Institute for Defense Computer Security and Information Protection

(sec. 921)

The Senate amendment contained a provision (sec. 1041) that

would require the Secretary of Defense to establish an Institute for

Defense Computer Security and Information Protection to conduct

research and technology development in the area of information assurance and to facilitate the exchange of information regarding

cyberthreats, technology, tools, and other relevant issues. The provision would also authorize $10.0 million for the Institute.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

$5.0 million for the Institute.

Information security scholarship program (sec. 922)

The Senate amendment contained a provision (sec. 1042) that

would amend Part III of subtitle A of title 10, United States Code,

by establishing an Information Security Scholarship Program. The

program would authorize the Secretary of Defense to award grants

to institutions of higher education to establish or improve programs

in information security and to provide financial assistance to persons pursuing a baccalaureate or advanced degree in information

assurance. Grant recipients would incur a government service commitment commensurate with the educational benefit, as determined by the Secretary. The provision would also authorize $20.0

million to support the program.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary to utilize the scholarship program to support associate degrees or certification programs in information security, in

addition to baccalaureate or advanced degrees, and would authorize $15.0 million to support the program.

Subtitle D—Reports

Date of submittal of reports on shortfalls in equipment procurement

and military construction for reserve components in futureyears defense programs (sec. 931)

The Senate amendment contained a provision (sec. 1024) that

would amend section 10543 of title 10, United States Code, to

specify that the report required by the section be submitted not

later than 15 days after the date on which the President submits

to Congress the budget for a fiscal year.

The House bill contained no similar provision.

The House recedes.

Report on number of personnel assigned to legislative liaison functions (sec. 932)

The House bill contained a provision (sec. 904) that would require the Secretary of Defense to provide to the Committees on

Armed Services of the Senate and the House of Representatives,

839

not later than December 1, 2000, a report identifying all personnel

assigned to legislative affairs and legislative liaison functions

throughout the military departments and all defense agencies.

The Senate amendment contained no similar provision.

The Senate recedes.

Joint report on establishment of national collaborative information

analysis capability (sec. 933)

The House bill contained a provision (sec. 905) that would: (1)

require the Secretary of Defense and the Director of Central Intelligence to prepare a joint report assessing alternatives for the establishment of a national collaborative information analysis capability; (2) require the Secretary of Defense to complete the data

mining, profiling, and analysis capability of the Army’s Land Information Warfare Activity; and (3) restrict funds to establish, support, or implement a data mining and analysis capability until such

a capability is specifically authorized by law.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would: (1) require

the Secretary of Defense and the Director of Central Intelligence to

prepare a joint report assessing alternatives for the establishment

of a national collaborative information analysis capability; and (2)

require the Secretary of Defense to complete the data mining,

profiling, and analysis capability of the Army’s Land Information

Warfare Activity. The amendment would not restrict funds, but

would require the Secretary to make appropriate use of such capability to provide support to appropriate national defense components.

Network centric warfare (sec. 934)

The House bill contained a provision (sec. 907) that would require the Secretary of Defense to submit a report to the congressional defense committees outlining the efforts of the Department

to define and integrate network centric warfare concepts into its vision for future military operations.

The Senate amendment contained a similar provision (sec. 906)

that would require the Secretary of Defense to submit three reports: (1) a report on the implementation of network centric warfare principles; (2) a study on the use of joint experimentation for

developing network centric warfare concepts; and (3) a report on

science and technology programs to support network centric warfare concepts.

The House recedes with an amendment that would establish a

requirement for the Secretary of Defense to submit two reports: (1)

a report on implementation of network centric warfare principles;

and (2) a study on the use of joint experimentation for developing

network centric warfare concepts. The amendment would further

clarify specific elements of the information to be included in the reports.

Report on Air Force Institute of Technology (sec. 935)

The Senate amendment contained a provision (sec. 915) that

would amend Part III of subtitle D of title 10, United States Code,

to codify the Air Force Institute of Technology and provide a sense

840

of the Senate that the Air Force should review the organizational

structure and operations of the institute.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of the Air Force to submit a report to the Committee on

Armed Services of the Senate and the House of Representatives on

the roles and missions, organizational structure, funding, and operations of the Air Force Institute of Technology as projected through

2010.

Subtitle E—Other Matters

Flexibility in implementation of limitation on major Department of

Defense headquarters activities personnel (sec. 941)

The Senate amendment contained a provision (sec. 901) that

would repeal the requirement to reduce the number of personnel

assigned to major Department of Defense headquarters activities.

The House bill contained no similar provision.

The House recedes with an amendment that would amend section 130a of title 10, United States Code, to give the Secretary of

Defense the discretion to reduce the required personnel reductions

in major Department of Defense headquarters by a cumulative

total of 7.5 percent following a certification to Congress that execution of the current 15 percent reductions would adversely impact

National Security.

Consolidation of certain Navy gift funds (sec. 942)

The Senate amendment contained a provision (sec. 912) that

would authorize the Secretary of the Navy to transfer all amounts

in the Naval Historical Center Fund to the Department of the

Navy General Gift Fund and to close the Naval Historical Fund.

The provision would authorize the Secretary of the Navy to transfer all amounts in the United States Naval Academy Museum

Fund to the gift fund maintained for the benefit and use of the

United States Naval Academy and to close the United States Naval

Academy Museum fund.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Temporary authority to dispose of a gift previously accepted for the

Naval Academy (sec. 943)

The Senate amendment contained a provision (sec. 913) that

would authorize the Naval Academy to, during fiscal year 2001 and

at the request of the donor, transfer a gift previously given to the

Naval Academy Gift Fund to another entity.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Defense acquisition workforce

The House bill contained a provision (sec. 902) that would require the Secretary of Defense to implement 13,000 reductions in

the Department of Defense acquisition workforce in fiscal year

2001 and would direct the Secretary of Defense to provide a report

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containing an implementation plan for re-shaping, recruiting, and

sustaining the Department’s acquisition workforce and any changes

in statutory authorities that the Secretary deems necessary.

The Senate amendment contained a provision (sec. 812) that

would establish a moratorium on further cuts in the acquisition

workforce for three years and require a report on the sufficiency of

the acquisition and support workforce of the Department of Defense.

The conference agreement does not include this provision.

National Defense Panel 2001

The Senate amendment contained a provision (sec. 903) that

would require the Secretary of Defense to establish a non-partisan,

independent panel to be known as the National Defense Panel

2001, to accompany the Quadrennial Defense Review being conducted in 2001.

The House bill contained no similar provision.

The Senate recedes.

Quadrennial National Defense Panel

The Senate amendment contained a provision (sec. 904) that

would amend title 10, United States Code, to require that the Secretary of Defense establish, on a recurring basis, every four years

in the year preceding the inauguration of a President, a non-partisan, independent panel to be known as the National Defense

Panel to complement the Quadrennial Defense Review.

The House bill contained no similar provision.

The Senate recedes.

TITLE X—GENERAL PROVISIONS

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Financial Matters

Transfer authority (sec. 1001)

The House bill contained a provision (sec. 1001) that would

provide the reprogramming authority for the transfer of authorized

funds made available in Division A of this Act.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

Incorporation of classified annex (sec. 1002)

The House bill contained a provision (sec. 1002) that would incorporate the classified annex prepared by the Committee on

Armed Services into this Act.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment that would

provide that the classified annex prepared by the committee of conference be incorporated into this Act.

Authorization of emergency supplemental appropriations for fiscal

year 2000 (sec. 1003)

The House bill contained a provision (sec. 1003) that would authorize the emergency supplemental appropriations enacted in the

842

2000 Supplemental Appropriations and Rescissions Act (Public Law

106–246) or in title IX of the Department of Defense Appropriations Act, 2001 (Public Law 106–259). The supplemental provided

funding for fiscal year 2000 expenses related to military operations

in Kosovo, drug interdiction and counter-drug activities, and natural disasters.

The Senate amendment contained a similar provision.

The House recedes with a technical amendment.

United States contribution to NATO common-funded budgets in fiscal year 2001 (sec. 1004)

The Senate amendment contained a provision (sec. 1003) that

would authorize the U.S. contribution to NATO common-funded

budgets for fiscal year 2001, including the use of unexpended balances from prior years. The resolution of ratification for the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary and the Czech Republic contained a provision (section 3(2)(c)(ii)) requiring a specific authorization for U.S. payments

to the common-funded budgets of NATO for each fiscal year, beginning in fiscal year 1999, that payments exceed the fiscal year 1998

total.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Limitation on funds for Bosnia and Kosovo peacekeeping operations

for fiscal year 2001 (sec. 1005)

The House bill contained a provision (sec. 1005) that would

limit the amount of funds authorized to be appropriated for incremental costs of the armed forces for peacekeeping operations in

Bosnia and Kosovo in fiscal year 2001 to the amounts contained in

the budget request: $1,387.8 million for Bosnia and $1,650.4 million for Kosovo. The provision would authorize the President to

waive the limitation after submitting to Congress: (1) a written certification that the waiver is necessary in the national security interests of the United States and that the exercise of the waiver will

not adversely affect the readiness of U.S. military forces; (2) a report setting forth the reasons for the waiver, to include a discussion of the impact of U.S. military involvement in Balkan peacekeeping operations on U.S. military readiness; and (3) a supplemental appropriations request for the Department of Defense for

the additional fiscal year 2001 costs associated with U.S. military

participation in or support for peacekeeping operations in Bosnia

and Kosovo.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Requirement for prompt payment of contract vouchers (sec. 1006)

The Senate amendment contained a provision (sec. 1005) that

would require the Secretary of Defense to reduce the backlog of

vouchers to be paid by the Defense Finance and Accounting Service

to five percent or less of the total Mechanization of Contract Administration Service vouchers received. The provision would further require the Secretary of Defense to submit a report to Congress for any month in which the five percent goal is not met.

843

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to continue to report to Congress for the next

four years.

Plan for the prompt recording of obligations of funds for contractual

transactions (sec. 1007)

The Senate amendment contained a provision (sec. 1007) that

would require the Secretary of Defense to submit a plan concerning

the timely posting of obligations uniformly throughout the Department of Defense.

The House bill contained no similar provisions.

The House recedes with a technical and clarifying amendment.

Electronic submission and processing of claims for contract payments (sec. 1008)

The Senate amendment contained a provision (sec. 1008) that

would require the Secretary of Defense to submit a plan to the congressional defense committees by March 31, 2001, for the electronic

submission of contract supporting transactions, such as invoices,

receiving reports, and certifications. The provision would also require the Secretary to carry out this plan without establishing a

specific deadline.

The House bill contained no similar provision.

The House recedes with an amendment that would provide for

a waiver in cases where the Secretary determines that the requirement for using electronic means for submitting claims for a particular type of contracts is unduly burdensome and establishes an

implementation date of June 30, 2001, that may be waived until

October 1, 2002.

Administrative offsets for overpayment of transportation costs (sec.

1009)

The Senate amendment contained a provision (sec. 1009) that

would provide a streamlined offset procedure for amounts overpaid

for transportation services that are below the simplified acquisition

threshold of $100,000. The amounts offset would be credited to the

appropriation or accounts that funded the transportation service.

The House bill contained no similar provision.

The House recedes with an amendment that would ensure an

appeals process in cases where the vendor challenges the amount

of the administrative offset.

Interest penalties for late payments of interim payments due under

Government service contracts (sec. 1010)

The Senate amendment contained a provision (sec. 1010A) that

would require the payment of interest on vouchers for service received and not paid for more than 30 days.

The House bill contained no similar provision.

The House recedes with a technical and clarifying amendment.

844

Subtitle B—Naval Vessels and Shipyards

Revisions to national defense features program (sec. 1011)

The House bill contained a provision (sec. 1011) that would

amend section 2218 of title 10, United States Code, to permit the

payment to a vessel operator, as consideration for making a vessel

available to the government, on such terms as the Secretary of Defense or the secretary of a military department and the operator

agree, in an amount equal to the cost of maintaining the vessel in

a four day reduced operating status (ROS–4) condition in the ready

reserve fleet for a period of 25 years.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require a

notification to Congress 90 days prior to entering into a contract

for national defense features authorized by this provision.

Sense of Congress on the naming of the CVN–77 aircraft carrier

(sec. 1012)

The Senate amendment contained a provision (sec. 1058) that

would express a sense of Congress that the President designate the

final Nimitz-class aircraft carrier, CVN–77, as the U.S.S. Lexington.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Authority to transfer naval vessels to certain foreign countries (sec.

1013)

The Senate amendment contained a provision (sec. 1201) that

would authorize the Secretary of the Navy to transfer to various

countries on a combined lease-sale basis the following: four Kidd- class destroyers and four Oliver Hazard Perry-class frigates; and,

on a grant basis, two Thomaston-class dock landing ships, four

Garcia-class frigates, one Dixie-class destroyer tender, and two

Knox-class frigates. Any expense incurred by the United States in

connection with these transfers would be charged to the recipient.

The provision would also: (1) direct that, to the maximum extent

possible, the Secretary of the Navy shall require, as a condition of

transfer, that repair and refurbishment associated with the transfer be accomplished in a shipyard located in the United States; and

(2) stipulate that the authority to transfer these vessels will expire

at the end of a two-year period that begins on the date of enactment of the National Defense Authorization Act for Fiscal Year

2001.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the President to transfer to various countries the following: four

Oliver Hazard Perry-class frigates on a combined lease-sale basis;

and, on a grant basis, two Thomaston-class dock landing ships, four

Garcia-class frigates, and two Knox-class frigates.

Authority to consent to retransfer of alternative former naval vessel

by Government of Greece (sec. 1014)

The Senate amendment contained a provision (sec. 1212) that

would provide authority for the retransfer of ex-LST 325 or any

845

other former U.S. LST that is excess to the needs of the government of Greece.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Subtitle C—Counter-Drug Activities

The budget request for drug interdiction and other counterdrug activities of the Department of Defense (DOD) included approximately $1,070.1 million for fiscal year 2001: $836.3 million for

the central transfer account, $155.9 million within the operating

budgets of the military services for authorized counter-drug operations, and $76.8 million in the military construction account (division B of this Act) for infrastructure improvements at the forward

operating locations.

The conferees recommend the following fiscal year 2001 budget

for the Department’s counter-drug activities.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, OPERATIONS AND MAINTENANCE

AND MILITARY CONSTRUCTION

[In millions of dollars; may not add due to rounding]

Fiscal Year 2001 Counter-drug Request .............................................. $1,070.1

Goal 1 (Dependent Demand Reduction) ....................................... 22.7

Goal 2 (Support to DLEAs) ............................................................ 89.9

Goal 3 (DOD Personnel Demand Reduction) ............................... 74.0

Goal 4 (Drug Interdiction—TZ/SWB) ............................................ 447.4

Goal 5 (Supply Reduction) ............................................................. 435.9

Increases:

Caper Focus .................................................................................... 6.0

Puerto Rico ROTHR Security ........................................................ 1.0

Southwest Border Fence ................................................................ 5.0

Tethered Aerostat ........................................................................... 10.0

National Guard Counter-drug Activities ...................................... 25.0

Global Hawk ................................................................................... 18.0

Other Counter-narcotics activities ................................................ 23.1

Decreases:

Air National Guard Fighter Counter-Drug Operations ............... 5.0

Carribean Law Enforcement Support ........................................... 3.0

Patrol Coastal Upgrades ................................................................ 3.0

Mexico Counter-Drug Support ....................................................... 3.0

Plan Colombia ................................................................................. 41.4

Forward Operating Locations (division B) ................................... 76.8

Emergency Supplemental Appropriations Act, 2000 (division B of

Public Law 106–246 ........................................................................... 270.6

Forward Operating Locations ........................................................ 116.5

Plan Colombia ................................................................................. 154.1

Fiscal Year 2001 Counter-drug Funding ............................................. 1,026.0

National Guard counter-drug activities

The conferees agree to authorize an increase of $25.0 million

for the counter-drug activities of the National Guard including regional counter-drug training operations such as the Regional

Counter-Drug Training Academy, and the Northeast Counter-Drug

Training Center.

Global Hawk

The conferees agree to authorize $18.0 million for the concept

demonstration of the Global Hawk unmanned aerial vehicle in a

counter-drug role as required in title II this bill.

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Other

The conferees agree to authorize $23.1 million for additional

high-value counter-narcotics activities of the Department of Defense.

Caribbean law enforcement support

The budget request included $6.7 million for assistance to law

enforcement agencies of Carribean nations. The conferees agree to

authorize a decrease of $3.0 million for this activity. The conferees

expect the Department of State to provide support for this activity

in the future.

Plan Colombia

The conferees agree to authorize a decrease of $41.4 million for

Plan Colombia to reflect the fact that these funds were provided

through the Emergency Supplemental Appropriations Act, 2000 (division B of Public Law 106–246).

Forward operating locations

The conferees agree to authorize a decrease of $76.8 million, as

indicated in division B of this Act, for forward operating locations

to reflect the fact that these funds were provided through the

Emergency Supplemental Appropriations Act, 2000 (division B of

Public Law 106–246).

Extension of authority to provide additional support for counterdrug activities of Colombia (sec. 1021)

The Senate amendment contained a provision (sec. 1011) that

would extend through fiscal year 2006 the authority for the Department of Defense to provide counter-drug assistance to the Government of Colombia. The provision would also increase the level of resources authorized to be expended through this authority to $40.0

million each fiscal year.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the extension of the current program for Colombia through fiscal

year 2006.

Report on Department of Defense expenditures to support foreign

counter-drug activities (sec. 1022)

The House bill contained a provision (sec. 1021) that would require the Secretary of Defense to provide the congressional defense

committees with a report that details the expenditure of funds by

the Secretary during fiscal year 2000 in direct or indirect support

of the counter-drug activities of foreign governments.

The Senate amendment contained no similar provision.

The Senate recedes.

Recommendations on expansion of support for counter-drug activities (sec. 1023)

The Senate amendment contained a provision (sec. 1012) that

would require the Secretary of Defense to provide a report to the

Committees on Armed Services of the Senate and House of Representatives that would outline the Secretary’s recommendations

847

on expanding the Department of Defense counter-drug authorities

under section 1033 of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85).

The House bill contained no similar provision.

The House recedes.

Review of riverine counter-drug program (sec. 1024)

The Senate amendment contained a provision (sec. 1013) that

would require the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low Intensity

Conflict, to review the riverine counter-drug program and provide

a report to Congress on the results of that review. The report

should include an assessment of the effectiveness of the program

for each country receiving support and a recommendation regarding which of the armed forces, units of the armed forces, or other

organizations within the Department of Defense should be responsible for managing the program.

The House bill contained no similar provision.

The House recedes.

Report on tethered aerostat radar system (sec. 1025)

The House bill contained a provision (sec. 1022) that would require the Secretary of Defense, in consultation with the Commissioner of Customs, to provide Congress with a report on the status

of the tethered aerostat radar system used to conduct counter-drug

detection and monitoring, and border security and air sovereignty

operations.

The Senate amendment contained a provision (sec. 315) that would authorize $33.0 million for continued operation and standardization of the tethered aerostat radar system.

The Senate recedes with an amendment that would require the

Secretary of Defense to consult with the Secretary of the Treasury

in the preparation of the report. The conferees also agree to authorize an increase of $10.0 million for this program in the central transfer account, and an increase of $8.5 million for this program in title III of this Act.

Sense of Congress regarding use of the armed forces for counterdrug and counter-terrorism activities (sec. 1026)

The House bill contained a provision (sec. 1041) that would authorize the use of military personnel to assist the Immigration and

Naturalization Service and the Customs Service in preventing the

entry of terrorists, drug traffickers, weapons of mass destruction,

illegal narcotics and related items into the United States.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would express

the sense of Congress that the President, as provided for under

current law, should be able to use military personnel to assist law

enforcement agencies in preventing the entry of terrorists, drug

traffickers, weapons of mass destruction, illegal narcotics and related items into the United States. This provision would not

supercede section 375 of title 10, United States Code, which specifically prohibits ‘‘direct participation by a member of the Army,

Navy, Air Force, or Marine Corps in a search, seizure, arrest, or

848

other similar activity,’’ or section 1385 of title 18, United States

Code, which specifically prohibits the use of the military to execute

the laws.

The conferees note that sections 373 and 374 of title 10, United

States Code, allow the Secretary of Defense to make military personnel available to train, advise, and assist federal, state, and local

civilian law enforcement agencies through the operation of equipment in support of enforcement activities, including counter-terrorism and counter-narcotics.

Subtitle D—Counterterrorism and Domestic Preparedness

Preparedness of military installation first responders for incidents

involving weapons of mass destruction (sec. 1031)

The Senate amendment contained a provision (sec. 1023) that

would direct, not later than 90 days after the date of enactment of

this act, the Secretary of Defense to submit to Congress a report

on the program of the Department of Defense (DOD) to ensure the

preparedness of DOD first responders for incidents involving weapons of mass destruction on military installations. The provision

would direct the Secretary to include within the report the following: (1) a detailed description of the program; (2) the schedule

and costs associated with the implementation of the program; (3)

how the program is being coordinated with first responders in the

communities in the localities of the installations; and (4) the plan

for promoting the interoperability of the equipment used by first

responders on DOD installations with the equipment used by the

first responders in the local communities.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

report to include a description of deficiencies in the preparedness

of DOD installations to respond to a weapon of mass destruction

incident and the plans of the Department to correct those deficiencies.

Additional weapons of mass destruction civil support teams (sec.

1032)

The House bill contained a provision (sec. 1038) that would authorize the Secretary of Defense to establish up to five additional

Weapons of Mass Destruction Civil Support Teams (WMD–CSTs)

(for a total of 32), to the extent that sources of funding for such

additional teams are identified.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment specifying that the

Secretary shall establish five additional WMD–CSTs (for a total of

32). The amendment also would remove language stating that the

Secretary shall establish the teams only to the extent that sources

of funding are identified. The conferees note that $15.7 million is

authorized, as noted elsewhere in this report, to fund the five additional WMD–CSTs.

849

Authority to provide loan guarantees to improve domestic preparedness to combat cyberterrorism (sec. 1033)

The House bill contained a provision (sec. 1036) that would authorize the Secretary of Defense, subject to appropriations, to guarantee the repayment of loans, up to $10.0 million with respect to

all borrowers, for qualified commercial firms to improve their information security in ways that improve the information assurance of

the Department of Defense.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would clarify that

the Secretary of Defense can contract out to a private entity for administration of the loan guarantee program, but not for the guarantees themselves.

Report on the status of domestic preparedness against the threat of

biological terrorism (sec. 1034)

The Senate amendment contained a provision (sec. 1028) that

would require the President to prepare a report on the status of domestic preparedness against the threat of biological terrorism. The

report shall be delivered to the Congress not later than March 31,

2001.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to prepare, in consultation with the Director

of Central Intelligence, an intelligence estimate assessing the

threat to the United States posed by a terrorist using a biological

weapon. The intelligence estimate will also include an assessment

of the relative consequences of a biological terrorist attack compared to attacks using other types of weapons. The Secretary shall

submit the intelligence estimate to Congress not later than March

1, 2001.

Report on strategy, policies, and programs to combat domestic terrorism (sec. 1035)

The conferees continue to be concerned about the threat of domestic terrorism, particularly involving the use of weapons of mass

destruction (WMD), and the ability of the Federal Government to

counter this threat. The conferees note that the Comptroller General has published a series of reports on federal programs to combat domestic terrorism, documenting the progress and problems in

organizing and preparing to respond to a domestic terrorist incident.

The conferees agree to a provision that would require the

Comptroller General to provide an updated report to Congress, not

later than 180 days after enactment of this Act, on federal strategy,

policy and programs to combat domestic terrorism. The conferees

direct the Comptroller General to include in the report on combating domestic terrorism a discussion of the following issues: lead

agency responsibility for crisis and consequence management; adequacy of existing plans formulated by the various federal agencies;

threat and risk assessments; command and control structures; exercises, including a thorough assessment of the recent Top Official

Exercise 2000; cyberterrorism; and research and development efforts of new technologies.

850

Subtitle E—Strategic Forces

Revised nuclear posture review (sec. 1041)

The Senate amendment contained a provision (sec. 1015) that

would require the Secretary of Defense, in consultation with the

Secretary of Energy, to conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

The conferees direct the Secretary of Defense, in conducting

the revised nuclear posture review, to consult with the Secretary

of Energy only on those matters that relate to the nuclear weapons

stockpile. The conferees urge the Secretary of Defense to consider,

in conducting the revised nuclear posture review, the results of the

report on strategic stability under START III, as required by section 1503 of the National Defense Authorization Act for Fiscal Year

2000 (Public Law 106–65).

Plan for the long-term sustainment and modernization of United

States strategic nuclear forces (sec. 1042)

The Senate amendment contained a provision (sec. 1016) that

would require the Secretary of Defense, in consultation with the

Secretary of Energy, to develop a long-range plan for the

sustainment and modernization of United States strategic nuclear

forces to counter emerging threats and to satisfy the evolving requirements of deterrence.

The House bill contained no similar provision.

The House recedes.

The conferees direct the Secretary of Defense, in preparing the

plan, to consult with the Secretary of Energy only on those matters

that relate to the nuclear weapons stockpile.

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

(sec. 1043)

The Senate amendment contained a provision (sec. 1017) that

would: (1) amend section 1302(b) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85) to clarify that

the waiver contained in that section applies to all of the strategic

nuclear delivery systems specified in section 1302(a); and (2) following completion of a new nuclear posture review, allow the President to waive the limitation on retirement or dismantlement of

strategic nuclear delivery systems if the President determines that

it is in the national security interests of the United States to do

so.

The House bill contained no similar provision.

The House recedes with an amendment that would amend section 1302(b) of the National Defense Authorization Act for Fiscal

Year 1998 to modify the waiver contained in that section to apply

to all of the strategic nuclear delivery systems specified in section

1302(a).

851

Report on the defeat of hardened and deeply buried targets (sec.

1044)

The Senate amendment contained a provision (sec. 1018) that

would require the Secretaries of Defense and Energy to assess requirements and options for defeating hardened and deeply buried

targets. The provision would expressly authorize the Department of

Energy (DOE) to conduct any limited research and development

that may be necessary to complete such assessments.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

The conferees note that a recent legal interpretation of existing

law raised questions regarding whether DOE could participate in

or otherwise support certain Department of Defense (DOD) studies

and options assessments for defeating hardened and deeply buried

targets. This expressly allows DOE to assist DOD with a review of

these targets and the options for defeating such targets. The conferees believe that DOE should provide information and other assistance required to help DOD make informed decisions on whether: (1) to proceed with a new method of defeating hardened and

deeply buried targets; and (2) to seek any necessary modifications

to existing law.

The conferees are concerned that the ability to defeat hardened

and deeply buried targets will continue to be a significant challenge

for the foreseeable future.

Sense of Congress on the maintenance of the Strategic Nuclear

Triad (sec. 1045)

The Senate amendment contained a provision (sec. 1019) that

would express a sense of the Senate that, in light of the potential

for further arms control agreements with the Russian Federation

limiting strategic forces: (1) it is in the national interest of the

United States to maintain a robust and balanced triad of strategic

nuclear delivery systems; and (2) reductions to U.S. conventional

bomber capability are not in the national interest of the United

States.

The House bill contained no similar provision.

The House recedes with an amendment that would express a

sense of Congress on this matter.

Subtitle F—Miscellaneous Reporting Requirements

Management review of working-capital fund activities (sec. 1051)

The Senate amendment contained a provision (sec. 1030) that

would require the Comptroller General to review working-capital

fund activities and identify potential process or policies that would

result in more efficient and economical operations of those activities.

The House bill amendment contained no similar provision.

The House recedes.

Report on submarine rescue support vessels (sec. 1052)

The Senate amendment contained a provision (sec. 1031) that

would require the Secretary of the Navy to report on the plan for

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providing submarine rescue support vessels through fiscal year

2007.

The House bill contained no similar provision.

The House recedes.

Report on Federal Government progress in developing information

assurance strategies (sec. 1053)

The Senate amendment contained a provision (sec. 1032) that

would require the Federal Government to report on the status of

implementation of information assurance strategies outlined in

Presidential Decision Directive Number 63 and the roles and responsibilities of the Department of Defense in defending against attacks on the critical infrastructure of the United States.

The House bill contained no similar provision.

The House recedes with a clarifying amendment on the scope,

timing, and requirements of the information reported to Congress.

Department of Defense process for decisionmaking in cases of false

claims (sec. 1054)

The Senate amendment contained a provision (sec. 1065) that

would require the Secretary of Defense to submit to Congress a report describing the policies and procedures for Department of Defense decisionmaking under the Civil False Claims Act (31 U.S.C.

3729 et seq.) and any changes made in the policies and procedures

since January 1, 2000.

The House bill contained no similar provision.

The House recedes with an amendment requiring that the report also address the manner in which the policies and procedures

have been implemented.

Subtitle G—Government Information Security Reform

Government information security reform (secs. 1061–1065)

The Senate amendment contained a series of provisions (secs.

1401–1405) that would provide for reform of federal information security practices.

The House bill contained no similar provision.

The House recedes with an amendment that would simplify

audit and evaluation requirements and would clarify the roles and

responsibilities of the Department of Defense (DOD).

The amendment would establish a new subchapter of title 44,

United States Code, addressing the responsibilities of the Office of

Management and Budget (OMB) and federal agencies in the area

of information security. This new subchapter would remain in effect for two years after the effective date of the provision. The

amendment would provide specific guidance on the responsibilities

of certain agencies including the DOD. The amendment would also

address the relationship between the defense information assurance program established under section 2224, title 10, United

States Code, and the government-wide information security program.

The conferees note that the conference agreement would provide the DOD authority to implement its own information assurance policy in accordance with the requirements of section 2224,

853

title 10, United States Code. The amendment would require the Director of OMB to delegate policy and oversight authority with regard to national security systems, classified systems, and other

critical information systems of the Department of Defense and Intelligence Community to the Secretary of Defense, the Director of

Central Intelligence, and, if designated by the President, an additional agency head. These agencies would be directed to develop

their own information security policies, principles, standards, and

guidelines. For the DOD, these policies, principles, standards and

guidelines would be required to cover the full range of information

assurance issues addressed in section 2224 of title 10, United

States Code.

Subtitle H—Security Matters

Limitation on granting of security clearances (sec. 1071)

The Senate amendment contained a provision (sec. 1074) that

would prohibit any officer, employee, or contractor of the Department of Defense, or any member of the armed forces, from receiving a security clearance if that person: (1) has been convicted in

any court within the United States and sentenced to imprisonment

for a term exceeding 1 year; (2) is an unlawful user of, or addicted

to any controlled substance; (3) is currently mentally incompetent;

or (4) has been discharged from the armed forces under dishonorable conditions.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary of Defense or the secretaries of the military departments to waive this provision in meritorious cases for persons who

would otherwise be prohibited from receiving a security clearance.

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

The Senate amendment contained a provision (sec. 1043) that

would require the Secretary of Defense to establish a process for

prioritizing background investigations for security clearances for

Department of Defense personnel.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to establish a process for prioritizing background investigations for security clearances for Department of Defense personnel and contractors of the Department of Defense.

Authority to withhold certain sensitive information from public disclosure (sec. 1073)

The Senate amendment contained a provision (sec. 1044) that

would authorize the Secretary of Defense, the Secretary of Transportation, and the Secretary of Energy to withhold from public disclosure otherwise authorized by law sensitive information provided

by a foreign government or an international organization which is

itself protecting the information from disclosure. The provision

would not authorize the withholding of information from Congress

854

or, except in the case of foreign intelligence or counterintelligence

activities, the Comptroller General.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Expansion of authority to exempt geodetic products of the Department of Defense from public disclosure (sec. 1074)

The Senate amendment contained a provision (sec. 916) that

would expand the authority of the Secretary of Defense to exempt

geodetic products from public disclosure.

The House bill contained no similar provision.

The House recedes.

Expenditures for declassification activities (sec. 1075)

The House bill contained a provision (sec. 1035) that would: (1)

Clarify section 230 of Title 10, United States Code; (2) limit the

amount of funds expended during fiscal year 2001 by the Department of Defense to carry out declassification activities; and (3) prohibit the Department of Defense, as part of a special search, from

being required to compile records that have already been declassified.

The Senate amendment contained no similar provision.

The Senate recedes.

Enhanced access to criminal history record information for national

security and other purposes (sec. 1076)

The Senate amendment contained a provision (sec. 1057) that

would amend section 9101 of title 5, United States Code, to provide

expanded access to criminal history information by the Department

of Defense and certain other executive departments and agencies.

The provision would expand the authority to cover acceptance or

retention in the armed forces, and appointment, retention, or assignment to a position of public trust or a critical employee. It

would also authorize the Federal Government to obtain the information through the use of common identifiers, such as names, and

would prohibit states and localities from conditioning the provision

of such information on indemnification agreements.

The House bill contained no similar provision.

The House recedes with an amendment that would strike the

authorization of the use of common identifiers and the prohibition

on the requirement of indemnification agreements, and would repeal a superseded provision of law.

Two-year extension of authority to engage in commercial activities

as security for intelligence collection activities (sec. 1077)

The Senate amendment contained a provision (sec. 1071) that

would extend the authority provided by section 431(a) of Title 10,

United States Code, by two years.

The House bill contained no similar provision.

The House recedes.

855

Coordination of nuclear weapons secrecy policies and consideration

of health of workers at former Department of Defense nuclear

facilities (sec. 1078)

The Senate amendment contained a provision (sec. 1077) that

would: (1) Require the Secretary of Defense, in consultation with

the Secretary of Energy, to ensure that secrecy policies do not prevent or discourage employees at former nuclear weapons facilities

who may have been exposed to radioactive or other hazardous substances from discussing such exposures with appropriate health

care providers; and (2) seek to identify individuals who are or were

employed at sites that no longer store, assemble, disassemble, or

maintain nuclear weapons, and, upon determination that such individuals may have been exposed to radioactive or hazardous substances, notify such individuals about any such exposure, including

an explanation of how employees can discuss exposures with health

care providers.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

The conferees note that the Department of Defense operates a

number of sites not engaged in the manufacture or storage of nuclear weapons that may nonetheless have exposed workers to hazardous substances. The conferees agree that the Secretary of Defense shall address in the review and notifications described in this

provision workers exposed to radioactive or other hazardous materials at all such facilities where secrecy policies may otherwise pose

an obstacle to seeking medical advice and treatment.

Subtitle I—Other Matters

Funds for administrative expenses under Defense Export Loan

Guarantee program (sec. 1081)

The House bill contained a provision (sec. 1031) that would

amend section 2540c of title 10, United States Code, to provide authority to the Secretary of Defense to fund administrative expenses

under the Defense Export Loan Guarantee (DELG) Program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary of Defense to submit to the Congress a report on the operation of the DELG Program and a determination as to which Defense Department agency, office, or other activity should administer, manage, and oversee the loan guarantee program. The conferees direct the Secretary to submit the report and determination

to Congress prior to providing funds for DELG Program administrative expenses.

The conferees note that during four years of loan program operations, the Secretary has provided limited, ad hoc resources to

implement the program. The conferees urge the Secretary to take

such actions as directed so as to utilize expeditiously the authority

to fund administrative expenses for the DELG Program.

Transit pass program Department of Defense personnel in poor air

quality areas (sec. 1082)

The Senate amendment contained a provision (sec. 1055) that

would direct the Secretary of Defense to, within 180 days of enactVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00885 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.285 pfrm03 PsN: HR945
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ment of this Act, implement the transit pass program authorized

in section 7905 of title 5, United States Code, in any area in the

United States that does not meet the revised national ambient air

quality standards under section 109 of the Clean Air Act (42 U.S.C.

7409).

The House bill contained no similar provision.

The House recedes.

Transfer of Vietnam-era TA–4 aircraft to a non-profit foundation

(sec. 1083)

The House bill contained a provision (sec. 1033) that would authorize the transfer of an excess TA–4 aircraft to the non-profit

Collings Foundation at no cost to the government.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require

that the Collings Foundation demilitarize the aircraft within one

year.

Transfer of 19th century cannon to museum (sec. 1084)

The House bill contained a provision (sec. 1034) that would authorize the Secretary of the Army to convey to the Cannonball

House Museum in Macon, Georgia, a 12–pound Napoleon cannon

with historical ties to the City of Macon.

The Senate amendment contained a similar provision (sec.

1059).

The Senate recedes with a clarifying amendment.

Fees for providing historical information to the public (sec. 1085)

The Senate amendment contained a provision (sec. 1056) that

would authorize the secretaries of the military departments to

charge the public fees for providing historical information from the

services historical centers or agencies. These fees could be retained

by the military departments to defray the costs of responding to requests for such information. The fees charged pursuant to this section could not exceed the costs of providing the information, and

would not apply to requests from members of the armed forces or

federal employees made in the course of their duties, or to requests

under the Freedom of Information Act (5 U.S.C. 552).

The House bill contained no similar provision.

The House recedes.

The conferees direct the Comptroller General to provide a report to the Committees on Armed Services of the Senate and House

of Representatives one year after the implementation of this provision by the military departments. The report should provide data

on the fees collected for such information, and compare those sums

with the actual costs to each military department of responding to

such requests.

Grants to American Red Cross for Armed Forces emergency services

(sec. 1086)

The Senate amendment contained a provision (sec. 1054) that

would authorize the Secretary of Defense to make a grant to the

American Red Cross up to $9.4 million in each of fiscal years 2001,

2002, and 2003. Such a grant could not be made until the AmerVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00886 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.286 pfrm03 PsN: HR945
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ican Red Cross certifies that it will expend, for the Armed Forces

Emergency Services, an amount from non-federal sources that

equals or exceeds the amount of the grant.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Technical and clerical amendments (sec. 1087)

The House bill contained a provision (sec. 1032) that would

make various technical and clerical amendments to existing law.

The Senate amendment contained similar provisions (secs. 602

and 1052).

The Senate recedes with an amendment that would combine

the provisions.

Maximum size of parcel post packages transported overseas for

Armed Forces post offices (sec. 1088)

The Senate amendment contained a provision (sec. 1060) that

would increase the authorized size of packages permitted to be

mailed to eligible patrons of military post offices overseas to conform with those of the United States Postal Service.

The House bill contained no similar provision.

The House recedes.

Sense of Congress regarding tax treatment of members receiving

special pay for duty subject to hostile fire or imminent danger

(sec. 1089)

The Senate amendment contained a provision (sec. 1064) that

would express a sense of the Senate that members of the armed

forces who receive special pay for duty subject to hostile fire or imminent danger should receive the same tax treatment as members

serving in combat zones.

The House bill contained no similar provision.

The House recedes with an amendment that would express the

sense of Congress that tax treatment should be the same for special pay for duty subject to hostile for imminent danger and combat

zone pay.

Organization and management of the civil air patrol (sec. 1090)

The House bill contained a provision (sec. 906) that would codify the agreement recently reached between the Secretary of the

Air Force and the leadership of the Civil Air Patrol regarding the

Civil Air Patrol’s status as a volunteer civilian auxiliary of the Air

Force.

The Senate amendment contained a similar provision.

The Senate recedes with an amendment that would not allow

contract employees of the Air Force to commit federal resources in

support of the Civil Air Patrol.

The amendment would also not require a minimum salary for

these contract employees.

858

Additional duties for the Commission to Assess United States National Security Space Management and Organization (sec.

1091)

The Senate amendment contained a provision (sec. 907) that

would amend section 1622 of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) to specify additional

duties for the Commission to Assess United States National Security Space Management and Organization.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Commission on the future of the United States aerospace industry

(sec. 1092)

The House bill contained a provision (sec. 1039) that would require the President to establish a commission to assess the future

of the U.S. aerospace industry and to recommend actions to be

taken by the Federal Government to support the ability of the U.S.

aerospace industry to remain robust in the future.

The Senate amendment contained a similar provision (sec.

1061).

The House recedes with an amendment that would clarify the

scope and requirements of the study. The conferees intend for the

commission to provide guidance and insight to the next Administration as early as possible. Accordingly, the commission should

plan to submit an interim report to the administration and the

Congress outlining the areas the commission proposes to review

and any preliminary findings.

Drug addiction treatment (sec. 1093)

The conference agreement includes a provision that would permit certain physicians to prescribe certain narcotic drugs to assist

in combating heroin addiction.

LEGISLATIVE PROVISIONS NOT ADOPTED

Annual OMB/CBO joint report on scoring budget outlays

The Senate amendment contained a provision (sec. 1004) that

would make minor administrative changes to the joint annual Office of Management and Budget/Congressional Budget Office (OMB/

CBO) report on the scoring of budget outlays.

The House bill amendment contained no similar provision.

The Senate recedes.

Authority to provide headstones or markers for marked graves or

otherwise commemorate certain individuals

The Senate amendment contained a provision (sec. 1067) that

would require the Secretary of Veterans Affairs to, upon request,

provide a headstone or marker for the marked or unmarked grave

of the individual or at some other area appropriate for the purpose

of commemorating the individual.

The House bill contained no similar provision.

The Senate recedes.

859

Breast cancer stamp extension

The Senate amendment contained a provision (sec. 1073) that

would extend by two years the authorization for the breast cancer

semipostal stamp.

The House bill contained no similar provision.

The Senate recedes.

Comprehensive study and support for criminal investigations and

prosecutions by state and local law enforcement officials

The Senate amendment contained a provision (sec. 1068) that

would require the Comptroller General to collect data and conduct

a study of comparative treatment of hate crimes in jurisdictions

having laws dealing specifically with such crimes and those having

no such laws, and to submit a report to Congress. The provision

would further authorize the Attorney General, upon request and

where special circumstances existed, to provide assistance in the

criminal investigation or prosecution of any hate crime. The Attorney General would be further authorized to make grants to states

and localities to assist them in the investigation and prosecution of

hate crimes.

The House bill contained no similar provision.

The Senate recedes.

Local Law Enforcement Enhancement Act of 2000

The Senate amendment contained several provisions (sec.

1501–1510) that would constitute the ‘‘Local Law Enforcement Act

of 2000.’’ The Attorney General, at the request of a state or Indian

tribe law enforcement official, could provide assistance in the investigation or prosecution of certain hate crimes. The Attorney General could also award grants to state, local, and Indian tribe law

enforcement officials to assist with the investigation and prosecution of such crimes. Chapter 13 of title 18, United States Code,

would be amended to establish a substantive federal prohibition of

certain specific hate crime acts. No prosecution could be undertaken under this provision without certification from the Attorney

General or certain other officials of the Department of Justice.

The House bill contained no similar provision.

The Senate recedes.

Plan to ensure compliance with financial management requirements

The House bill contained a provision (sec. 1006) that would require the Secretary of Defense to submit to the Congress a plan to

ensure compliance by the Department of Defense, not later than

October 1, 2001, with all statutory and regulatory financial management requirements.

The Senate amendment contained no similar provision.

The House recedes.

Protection of operational files of the Defense Intelligence Agency

The Senate amendment contained a provision (sec. 1045) that

would authorize the Secretary of Defense to withhold from public

disclosure the operational files of the Defense Intelligence Agency

(DIA). These files would be protected from disclosure to the same

extent as provided for under section 701 of the National Security

860

Act of 1947 (50 U.S.C. 431). The provision would also make applicable to these files the decennial review of provisions of section 702

of that Act (50 U.S.C. 432), with the Secretary exercising the authority granted to the Director of Central Intelligence under that

section.

The House bill contained no similar provision.

The Senate recedes.

Repeal of certain provisions shifting outlays from one fiscal year to

another

The House bill contained a provision (sec. 1004), that would repeal two provisions of the Department of Defense Appropriations

Act for Fiscal Year 2000 (Public Law 106–79) concerning the

Prompt Payment Act and the shifting of pay days for federal employees. The conferees note that similar provisions were enacted

into law in the Emergency Supplemental Appropriations Act, 2000

(Public Law 106–246).

The Senate amendment contained similar provisions (secs.

1006 and 1010).

The House and Senate recede.

Report to the Congress regarding extent and severity of child poverty

The Senate amendment contained a provision (sec. 1062) that

would require the Secretary of Health and Human Services to, not

later than June 1, 2001, report to the Congress on the extent and

severity of child poverty in the United States.

The House bill contained no similar provision.

The Senate recedes.

Sense of the Senate concerning long-term economic development aid

for communities rebuilding from hurricane Floyd

The Senate amendment contained a provision (sec. 1066) that

would express the sense of the Senate that additional community

and regional development funding should be appropriated to assist

communities in need of long-term economic development aid as a

result of damage suffered by Hurricane Floyd.

The House bill contained no similar provision.

The Senate recedes.

The conferees note that additional economic assistance for the

victims of natural disasters was provided in the Emergency Supplemental Act, 2000 (Public Law 106–246).

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Civilian Personnel Management Generally

Employment and compensation of employees for temporary organizations established by law or executive order (sec. 1101)

The House bill contained a provision (sec. 1101) that would

provide legislative and executive agencies the flexibility to use a

streamlined process to hire and pay employees for temporary organizations established by law or executive order.

861

The Senate amendment contained a similar provision (sec.

1106).

The House recedes with an amendment that would limit the

term of the management flexibility to three years, would designate

the head of the temporary activity as the appointing authority for

the temporary employees, and would limit the health and life insurance benefits to the same benefit as that afforded other temporary civil service employees.

Assistive technology accommodations program (sec. 1102)

The Senate amendment contained a provision (sec. 1101) that

would authorize the Secretary of Defense to expand the Computer/

Electronic Accommodations Program to provide assistive technology

services to any department or agency of the Federal Government.

The House bill contained no similar provision.

The House recedes with an amendment that would restore the

funding for this program to the Defense Health Program.

Extension of authority for voluntary separations in reductions in

force (sec. 1103)

The House bill contained a provision (sec. 1104) that would extend, until September 30, 2005, the authority of the Secretary of

Defense to allow certain civilian employees to volunteer for separation under reduction in force procedures even though those employees would not otherwise be subject to separation.

The Senate amendment contained a similar provision (sec.

1107).

The House recedes.

Electronic maintenance of performance appraisal systems (sec. 1104)

The Senate amendment contained a provision (sec. 1108) that

would authorize the head of an executive branch agency to administer and to maintain the performance appraisal system electronically.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Study on civilian personnel services (sec. 1105)

The Senate amendment contained a provision (sec. 1112) that

would require the Secretary of Defense to establish a four-year

public-private competition pilot program to assess the extent to

which the effectiveness and efficiency of providing civilian personnel services could be increased by conducting competitions for

the performance of such services between the public and private

sectors.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to study whether civilian personnel services

could be enhanced by public-private competition and report to the

Committees on Armed Services of the Senate and the House of

Representatives, and include, if appropriate, a proposal for a demonstration program that would test such a concept.

862

Subtitle B—Demonstration and Pilot Programs

Pilot program for reengineering the equal employment opportunity

complaint process (sec. 1111)

The House bill contained a provision (sec. 1106) that would authorize the Secretary of the Navy to carry out a five-year pilot program to demonstrate improved processes for the resolution of equal

employment opportunity complaints.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary of Defense to conduct a three-year pilot program to demonstrate improved processes for the resolution of equal employment

opportunity complaints in a minimum of one military department

and two defense agencies, and would require a report to the Committees on Armed Services of the Senate and the House of Representatives not later than two years after initiation of the pilot

program.

Work safety demonstration program (sec. 1112)

The Senate amendment contained a provision (sec. 1105) that

would direct the Secretary of Defense to conduct a two-year work

safety demonstration program in which private sector work safety

models would be used to determine whether the work safety record

of civilian employees of Department of Defense can be improved.

The House bill contained no similar provision.

The House recedes.

Extension, expansion, and revision of authority for experimental

personnel program for scientific and technical personnel (sec.

1113)

The Senate amendment contained a provision (sec. 1113) that

would extend, expand, and revise the authority for the experimental civilian personnel program for scientific and technical personnel previously authorized in section 1101 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65)

to expand the number of positions in the Defense Advanced Research Projects Agency from 20 to 40 and would extend the authority to the military departments for use in the defense laboratories,

the National Imagery and Mapping Agency, and the National Security Agency.

The House bill contained no similar provision.

The House recedes.

Clarification of personnel management authority under personnel

demonstration project (sec. 1114)

The Senate amendment contained a provision (sec. 1114) that

would provide direct hiring authority to the defense laboratory directors to appoint individuals and fix their compensation without

the review or approval of any official or agency other than the

Under Secretary of Defense for Acquisition, Technology and Logistics.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary of Defense to establish and to operate demonstration

863

programs in the defense laboratories without the review or approval of the Office of Personnel Management and would raise the

limit on compensation that may be provided to laboratory employees under a demonstration project. The amendment would authorize the Secretary of Defense to appoint individuals and fix their

compensation without the review or approval of the Office of Personnel Management or any other outside official or agency.

The conferees believe that this is the single most important

step the Secretary of Defense could take to enable the defense laboratories to compete with the private sector for scientific talent,

and that the applicable requirements could adequately be addressed through after-the-fact review. The conferees urge the Secretary of Defense to provide the laboratory directors with direct

hiring authority, as authorized by this section.

Subtitle C—Educational Assistance

Restructuring the restriction on degree training (sec. 1121)

The House bill contained a provision (sec. 1102) that would authorize the Secretary of Defense to pay tuition for a civilian employee to obtain an academic degree if that degree training occurs

at an accredited institution and is part of a planned Department

of Defense professional development program.

The Senate amendment contained a similar provision (sec.

1118).

The Senate recedes.

Student loan repayment programs (sec. 1122)

The Senate amendment contained a provision (sec. 1069) that

would require the Director of the Office of Personnel Management

to, not later than 240 days after enactment of this Act, issue regulations that would implement the student loan repayment program,

would eliminate the restriction on repayment of student loans to

professional, technical, or administrative personnel, and would include federal student loan repayment programs established since

enactment of earlier statutory authority.

The House bill contained no similar provision.

The House recedes.

Extension of authority for tuition reimbursement and training for

civilian employees in the defense acquisition workforce (sec.

1123)

The House bill contained a provision (sec. 1103) that would extend the ‘‘shortage of personnel’’ designation for qualified civilian

acquisition personnel of the Department of Defense until September 30, 2005, in order to permit such personnel to qualify for

reimbursement of expenses for training and tuition.

The Senate amendment contained a similar provision (sec.

1104).

The House recedes.

864

Subtitle D—Other Benefits

Additional special pay for foreign language proficiency beneficial for

United States national security interests (sec. 1131)

The Senate amendment contained a provision (sec. 1102) that

would authorize the Secretary of Defense to provide additional pay

for civilian employees who maintain a foreign language proficiency

determined to be beneficial for national security interests.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

additional pay for maintaining proficiency in a foreign language to

those who agree to deploy to an area in which the foreign language

is determined to be critical to the national security interests.

Approval authority for cash awards in excess of $10,000 (sec. 1132)

The Senate amendment contained a provision (sec. 1109) that

would authorize the Secretary of Defense to grant a cash award up

to the maximum of $25,000 without seeking approval from the Office of Personnel Management.

The House bill contained no similar provision.

The House recedes.

Leave for crews of certain vessels (sec. 1133)

The Senate amendment contained a provision (sec. 1110) that

would authorize the Military Sealift Command to pay civil service

mariners, in an extended leave status, a lump-sum equal to the difference between their pay at a temporary promotion rate and their

lower permanent grade rates.

The House bill contained no similar provision.

The House recedes.

Life insurance for emergency essential Department of Defense employees (sec. 1134)

The Senate amendment contained a provision (sec. 1111) that

would authorize civilian employees designated by the Secretary of

Defense as emergency essential and subject to being deployed to

combat areas to elect to participate in the Federal Employees

Group Life Insurance program.

The House bill contained no similar provision.

The House recedes.

Subtitle E—Intelligence Civilian Personnel

Expansion of defense civilian intelligence personnel system positions

(sec. 1141)

The House bill contained a provision (sec. 1105) that would authorize the Secretary of Defense to create positions within the defense civilian intelligence personnel system outside the designated

intelligence components of the Department of Defense.

The Senate amendment contained no similar provision.

The Senate recedes.

865

Increase in number of positions authorized for the Defense Intelligence Senior Executive Service (sec. 1142)

The Senate amendment contained a provision (sec. 1103) that

would increase, by 25, the number of positions authorized for the

defense intelligence senior executive service.

The House bill contained no similar provision.

The House recedes.

The conferees note that the 25 additional positions are authorized for the entire defense intelligence community and are not intended to be allocated to any single agency within the defense intelligence community. The conferees direct the Secretary of Defense

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

the House of Representatives, not later than March 15, 2001, on

how the additional senior executive service positions are allocated

within the defense intelligence community.

Subtitle F—Voluntary Separation Incentive Pay and Early

Retirement Authority

Voluntary separation incentive pay and early retirement authority

(secs. 1151–1153)

The House bill contained a provision (sec. 1107) that would

provide temporary authority to the Secretary of the Air Force to

use voluntary separation incentives and voluntary early retirement

authority for restructuring the work force to separate up to 1000

civilian employees during each calendar year through December 31,

2003.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would provide

temporary authority to the Secretary of Defense to use voluntary

separation incentives and voluntary early retirement authority for

workforce restructuring to meet mission needs, achieve one or more

strength reductions, correct skill imbalances or reduce the number

of high-grade, managerial, or supervisory positions. The temporary

authority to use the voluntary separation incentives in fiscal year

2001 is limited to 1000 employees. The temporary authority to use

voluntary separation incentives and the voluntary early retirement

authority in each of fiscal years 2002 and 2003 is limited to 4000

employees. The Secretary of Defense may only carry out these programs in fiscal years 2002 and 2003 with respect to workforce restructuring to the extent provided in a law enacted by the 107th

Congress.

LEGISLATIVE PROVISIONS NOT ADOPTED

Department of Defense employee voluntary early retirement authority

The Senate amendment contained a provision (sec. 1117) that

would revise the authority for using voluntary early retirement authority within the Department of Defense to include restructuring

of the workforce.

The House bill contained no similar provision.

The Senate recedes.

866

Extension of authority for voluntary separations in reductions in

force

The Senate amendment contained a provision (sec. 1115) that

would extend the authority for voluntary separations during reduction in force actions.

The House bill contained no similar provision.

The Senate recedes.

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

The Senate amendment contained a provision (sec. 1116) that

would extend the authority for voluntary separation incentive pay

and voluntary early retirement through September 30, 2005, and

would revise the authority for using the voluntary separation incentive pay within the Department of Defense to include restructuring of the workforce.

The House bill contained no similar provision.

The Senate recedes.

Strategic plan

The Senate amendment contained a provision (sec. 1119) that

would require the Secretary of Defense to submit a strategic plan

to the congressional defense committees not later than six months

after enactment of this Act and before exercising any of the authorities for workforce restructuring.

The House bill contained no similar provision.

The Senate recedes.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Matters Related to Arms Control

Support of United Nations-sponsored efforts to inspect and monitor

Iraqi weapons activities (sec. 1201)

The House bill contained a provision (sec. 1201) that would extend, through fiscal year 2001, the authority of the Department of

Defense to support United Nations-sponsored inspection and monitoring efforts to ensure full Iraqi compliance with its international

obligations to destroy its weapons of mass destruction and associated delivery systems. The provision would limit the assistance

that could be provided by the Secretary of Defense to $15.0 million

for fiscal year 2001.

The Senate amendment contained an identical provision (sec.

1202).

The conference agreement includes this provision.

Support of consultations on Arab and Israeli arms control and regional security issues (sec. 1202)

The Senate amendment contained a provision (sec. 1211) that would authorize up to $1.0 million from Defense-wide Operation

and Maintenance accounts for the support of programs to promote

informal, region-wide consultations among Arab, Israeli, and U.S.

867

officials and experts on arms control and security issues concerning

the Middle East region.

The House bill contained no similar provision.

The House recedes with an amendment that would expand the

scope of the programs to include formal consultations.

Furnishing of nuclear test monitoring equipment to foreign governments (sec. 1203)

The Senate amendment contained a provision (sec. 1206) that

would authorize the Secretary of Defense to accept contributions

from a foreign government or other entities for the development,

procurement, installation, operation, repair, or maintenance of

equipment for monitoring nuclear test explosions, and to loan or

convey nuclear test monitoring equipment to a foreign government,

subject to a required agreement.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary of Defense to convey or to provide nuclear test monitoring equipment to a foreign government, subject to a required

agreement.

The conferees believe that section 2608 of title 10, United

States Code, already permits the Secretary of Defense to accept

and to use contributions for purposes specified in the Senate

amendment. Therefore, the conferees do not believe that additional

authority is required. If the Secretary, in consultation with the Office of Management and Budget, determines that additional authority is required, the conferees are willing to reevaluate this matter

in the future.

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

The Senate amendment contained a provision (sec. 1075) that

would require that the annual report required by section 1402 of

the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) on transfers of militarily sensitive technology to

countries of concern include a description of actions taken on recommendations of inspectors general contained in previous annual

reports.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Subtitle B—Matters Relating to the Balkans

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

The House bill contained a provision (sec. 1202) that would

amend section 1035 of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65) to make the report on the

readiness impact of U.S. military operations in the Balkans an annual report.

The Senate amendment contained no similar provision.

868

The Senate recedes with an amendment that would sunset the

reporting requirement upon termination of U.S. military activities

in the Balkans.

Situation in the Balkans (sec. 1212)

The House bill contained a provision (sec. 1203) that would require the President to establish, not later than May 31, 2001, militarily significant benchmarks for conditions that would achieve a

sustainable peace in Kosovo and ultimately allow for the withdrawal of the U.S. military presence in Kosovo. In developing those

benchmarks, the Congress would urge the President to seek the

concurrence of North Atlantic Treaty Organization (NATO) member nations. The provision would also require the President to develop a comprehensive political-military strategy for addressing the

political, economic, humanitarian and military issues in the Balkans, and to establish near-term, mid-term and long-term objectives in the region. Finally, the provision would require the President to submit semiannual reports, beginning no later than June

30, 2001, on the progress being made in developing and implementing a comprehensive political-military strategy, and the

progress being made in achieving the conditions established by the

benchmarks.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would direct the

President to submit a single semiannual report on the progress

made in achieving both the benchmarks for Kosovo and the benchmarks for Bosnia, as required by section 7 of the 1998 Supplemental Appropriations and Rescissions Act (Public Law 105–174),

and would make other technical modifications.

Semiannual report on Kosovo peacekeeping (sec. 1213)

The House bill contained a provision (sec. 1205) that would

prohibit the use of Department of Defense funds for the continued

deployment of U.S. ground combat troops in Kosovo after April 1,

2001, unless the President certifies to the Congress, prior to April

1, 2001, that the European Commission, the member nations of the

European Union (EU), and the European member nations of the

North Atlantic Treaty Organization (NATO) have provided specific

amounts and types of assistance to the peacekeeping operations in

Kosovo. The provision would also require the President to submit

to the Congress, not later than April 30, 2001, a plan for the withdrawal of U.S. ground combat troops from Kosovo, if the President

does not make the required certification; and submit a report to the

Congress detailing the commitments and contributions of various

European nations and organizations and the United Nations to the

peacekeeping operations in Kosovo.

The Senate amendment contained a similar provision (sec.

1205) that would require a biannual report from the President to

the Congress detailing the commitments and contributions of various European nations and organizations and the United Nations

to the peacekeeping operations in Kosovo.

The House recedes.

The conferees note that, since congressional action focused attention on this issue earlier this year, European nations and orgaVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00898 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.292 pfrm03 PsN: HR945
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nizations have made progress in providing the assistance and personnel they have pledged to peacekeeping operations in Kosovo.

While more needs to be done by the Europeans in providing needed

resources to the international community’s operations, the conferees recognize that the pace of the civil implementation effort in

Kosovo has improved since the beginning of the year. The conferees

remain concerned, however, that U.S. troops, and the troops of

other nations serving in Kosovo continue to perform a variety of

non-military missions to compensate for remaining shortfalls in the

civil implementation effort. In recognition of the fact that the

United States bore the major share of the military burden for the

air war on behalf of Kosovo, European nations agreed to pay the

major share of the burden to secure the peace. The conferees believe that the Europeans must fulfill that commitment. The report

required by this provision will provide the Congress with the information necessary, on a regular basis, to evaluate the performance

of the nations and organizations covered by this provision in fulfilling their commitments regarding Kosovo. It is the intention of

the conferees to pursue legislative options in the future if those

commitments are not fulfilled.

Subtitle C—North Atlantic Treaty Organization and United States

Forces in Europe

NATO fair burdensharing (sec. 1221)

The House bill contained a provision (sec. 1206) that would require the Secretary of Defense to submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the costs to the United States of Operation Allied Force

conducted against the Federal Republic of Yugoslavia. The report

would include: (1) the costs of ordnance expended, fuel consumed,

and personnel; (2) the estimated cost of the reduced service life of

U.S. weapons systems which participated in the operation; and (3)

whether and how the United States is being compensated by other

NATO member nations for the costs of Operation Allied Force. The

provision also would require a report from the Secretary whenever

NATO undertakes a future military operation with the participation of the United States. The report would include: (1) how the

costs of that operation are to be equitably distributed among the

NATO member nations; or (2) how the United States is to be compensated by other NATO member nations, if the costs are borne

disproportionately by the United States. The report would be due

30 days after the beginning of a military operation, or later, if the

Secretary determines that such a delay is necessary to avoid an

undue burden to ongoing operations.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would: (1) delete

the requirement for the Secretary to report on whether and how

the United States is being compensated by other NATO nations for

the costs of Operation Allied Force; (2) change the reporting requirement on future NATO military operations to apply to all

NATO operations, and to include information on the contributions

to that operation made by each of the member nations of NATO

and the contributions that each member nation of NATO makes or

870

has pledged to make during any follow-on operation; and, (3) require the report on future operations to be submitted not later than

90 days after the completion of the military operation.

Repeal of restriction preventing cooperative airlift support through

acquisition and cross-servicing agreements (sec. 1222)

The Senate amendment contained a provision (sec. 1203) that

would amend section 2350c of title 10, United States Code, to repeal the restriction that authorizes the Secretary of Defense to

enter into military airlift agreements with allied countries only

under the authority of section 2350c.

The House bill contained no similar provision.

The House recedes.

GAO study on the benefits and costs of the United States military

engagement in Europe (sec. 1223)

The House bill contained a provision (sec. 1207) that would require the Comptroller General to conduct a study assessing the

value to the United States and its national security interests

gained from the engagement of U.S. Armed Forces in Europe and

from military strategies used to shape the international security

environment in Europe. The study would include an assessment of

a number of issues related to the U.S. military presence in Europe

and the contributions made by the European allies of the United

States. The report would be submitted to the Committees on

Armed Services of the Senate and House of Representatives not

later than March 1, 2001.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would change the

report to a study of the benefits and costs of U.S. military engagement in Europe and change the date for the submission of the report to December 1, 2001.

Subtitle D—Other Matters

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

1231)

The Senate amendment contained a provision (sec. 1213) that

would authorize the Secretary of Defense to establish, in conjunction with the Government of the Russian Federation, a United

States-Russian Federation joint center for the exchange of data

from early warning systems and for notification of missile

launches.

The House bill contained no similar provision.

The House recedes with an amendment that would: (1) authorize the Secretary of Defense to establish a U.S.-Russian Federation

joint center for the exchange of data from early warning systems

and for notification of missile launches; (2) require that the Secretary submit a report to the Armed Services Committees of the

Senate and the House of Representatives on plans for the joint

data exchange center; and (3) prohibit the obligation of more than

$4.0 million of fiscal year 2001 funds for establishment of the joint

data exchange center until 30 days after the date on which the SecVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00900 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.293 pfrm03 PsN: HR945
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retary submits a copy of a written agreement between the United

States and Russia providing the details of the cost-sharing arrangement required in the Memorandum of Agreement of June 4, 2000.

Report on sharing and exchange of ballistic missile launch early

warning data (sec. 1232)

The Senate amendment contained a provision (sec. 1029) that

would require the Secretary of Defense to report on the feasibility

and advisability of establishing a center at which missile launch

early warning data from the United States and other nations would

be made available to nations concerned with the launch of ballistic

missiles.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to report on current and planned activities of

the Department of Defense with respect to the sharing and exchange with other countries of early warning data concerning ballistic missile launches. The report shall include the Secretary’s assessment of the benefits and risks of sharing such data with other

countries on a bilateral or multilateral basis.

Annual report of Communist Chinese military companies operating

in the United States (sec. 1233)

The House bill contained a provision (sec. 1208) that would express the sense of Congress that the Secretary of Defense has not

complied with requirements of section 1237 of the Strom Thurmond

National Defense Act for Fiscal Year 1999 (Public Law 105–261) to

publish and update a list of Communist Chinese military companies operating in the United States.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would eliminate

the sense of Congress and would amend section 1237 to require the

Secretary to report on, rather than publish, a list of Communist

Chinese military companies operating in the United States. The

Secretary would be directed to submit that report to the following:

the Committee on Armed Services of the House of Representatives;

the Committee on Armed Services of the Senate; the Secretary of

State; the Secretary of the Treasury; the Attorney General; the Secretary of Commerce; the Secretary of Energy; and the Director of

Central Intelligence.

Adjustment of composite theoretical performance levels of high performance computers (sec. 1234)

The House bill contained a provision (sec. 1209) that would

amend section 1211 of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85) to limit to 60 days, excluding

days when the Congress is not in session because of an adjournment sine die, the time period for congressional review of a presidential change to the export control levels for high performance

computers prior to that change going into effect.

The Senate amendment contained an identical provision (sec.

1214).

The conference agreement includes this provision.

872

The conferees believe that the administration needs to adequately assess the national security implications of commercial

technological diffusion before new export levels are proposed. For

that reason, the conferees direct the Secretary of Defense and the

Director for Central Intelligence to jointly submit to Congress, not

later than April 1, 2001, a report on the national security implications of trends in the research and development, manufacture, use,

and proliferation of information technology in the commercial sector.

The report shall include a discussion of the following matters:

(1) whether commercially available information technology has

been or could be used for military and intelligence purposes by foreign nations and terrorist organizations, and the threats that such

uses could pose to U.S. national security interests; (2) the advisability of inserting commercially available information technology

as components into U.S. weapons systems, together with a discussion of the challenges associated with doing so; (3) whether the

United States has the ability to control the proliferation of commercially available information technology effectively through unilateral or multilateral export control regimes; and (4) the identification of critical commercially available information technologies and

associated knowledge for which unilateral, multilateral, or alternative export controls may be needed in the preservation of U.S.

national security interests. The report should also consider the advisability of establishing a center to assess the military utility of

commercially available information technology produced by both

U.S. and foreign commercial sectors.

Increased authority to provide healthcare services as humanitarian

and civic assistance (sec. 1235)

The Senate amendment contained a provision (sec. 321) that

would allow under-served areas, as well as rural areas, to receive

medical, dental, and veterinary services through the humanitarian

and civic assistance program.

The House bill contained no similar provision.

The House recedes.

The conferees note that this increased authority is to be used

in conjunction with authorized U.S. military operations in furtherance of U.S. security interests and the expansion of the operational

readiness skills of the armed forces, and shall be carried out at no

additional cost to the Department of Defense.

Sense of Congress regarding the use of children as soldiers (sec.

1236)

The Senate amendment contained a provision (sec. 1210) that

would express the sense of Congress that the use of children as soldiers by governmental and non-governmental armed forces should

be condemned worldwide, the optional protocol is a critical first

step in ending the use of children as soldiers, that the President

should consult closely with the Senate with the objective of building support for the optional protocol, that the President and Congress should work together to enact a law that establishes a fund

for the rehabilitation and reintegration into society of child soldiers, and that the Secretaries of the Departments of State and DeVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00902 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.294 pfrm03 PsN: HR945
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fense should undertake all possible efforts to persuade and encourage other governments to ratify and endorse the optional protocol

on the use of child soldiers.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

Sense of Congress regarding undersea rescue and recovery (sec.

1237)

The conferees agree to a provision that would express the sympathy of the Congress and of the American people to the people of

the Russian Federation over the death of the crewmen of the submarine Kursk. The provision urges the President of the United

States and the President of the Russian Federation, in coordination

with the leaders of other maritime nations, to cooperate in establishing a plan for response, rescue, and recovery of the crew of undersea vessels involved in undersea accidents or incidents.

United States-China Security Review Commission (sec. 1238)

The Senate amendment contained a provision (sec. 1076) that

would amend The Trade Deficit Review Commission Act to establish a 12-member commission, the United States-China Security

Review Commission, to monitor and assess the national security

implications of the evolving bilateral trade and economic relationship between the United States and the People’s Republic of China.

The commission would be established on the framework of the

Trade Deficit Review Commission, which is scheduled to complete

its work by the end of this year, and would issue an annual report.

The House bill contained no similar provision.

The House recedes with an amendment that would establish a

free-standing United States-China Security Review Commission to

review the national security implications of trade and economic ties

between the United States and the People’s Republic of China. The

amendment would facilitate the assumption by the United StatesChina Security Review Commission of its duties regarding the review by providing for the transfer to that commission of staff, materials, and infrastructure of the Trade Deficit Review Commission

that are appropriate for the review after the submittal of the final

report of the Trade Deficit Review Commission. The amendment

would also provide that the members of the Trade Deficit Review

Commission, as of the date of the enactment of this Act, shall serve

as members of the United States-China Security Review Commission until such time as members are appointed.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on number of military personnel in Colombia

The House bill contained a provision (sec. 1204) that would establish a limit of 500 on the number of U.S. military personnel authorized to be on duty in the Republic of Colombia at any time. The

limit would not apply to military personnel deployed to Colombia

for the purpose of rescuing or retrieving U.S. Government personnel, military personnel attached to the U.S. Embassy, military

personnel engaged in relief operations, or nonoperational transient

military personnel.

874

The Senate amendment contained no similar provision.

The House recedes.

Prohibition on assumption by United States Government of liability

for nuclear accidents in North Korea

The House bill contained a provision (sec. 1210) that would

prohibit the President or any department, agency, or instrumentality of the U.S. Government from using the authority of Public

Law 85–804 (50 U.S.C. 1431) or any other provision of law to enter

into any contract or arrangement which would impose liability on

the U.S. Government for nuclear accidents occurring in North

Korea.

The Senate amendment contained no similar provision.

The House recedes.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF

THE FORMER SOVIET UNION

LEGISLATIVE PROVISIONS ADOPTED

Specification of cooperative threat reduction programs and funds

(sec. 1301)

The House bill contained a provision (sec. 1301) that would define Cooperative Threat Reduction (CTR) programs and Department of Defense funding for CTR programs, and make fiscal year

2001 CTR funds available for obligation for three fiscal years.

The Senate amendment contained no similar provision.

The Senate recedes.

Funding allocations (sec. 1302)

The budget request included $458.4 million for the Cooperative

Threat Reduction (CTR) Program.

The House bill contained a provision (sec. 1302) that would au- thorize $443.4 million for the CTR Program for fiscal year 2001, a

$15.0 million decrease. The provision would increase funding for

strategic nuclear arms elimination projects in Russia and Ukraine,

decrease funding for defense and military contacts, and deny funding, pursuant to the prohibition contained in section 1305 of the

National Defense Authorization Act for Fiscal Year 2000 (Public

Law 106–65), for activities related to a chemical weapons destruction facility in Russia.

The Senate amendment would authorize the budget request.

The Senate recedes with an amendment that would authorize

$443.4 million for CTR programs to include: $177.8 million for strategic offensive arms elimination in Russia; $29.1 million for strategic nuclear arms elimination in Ukraine; $9.3 million for warhead dismantlement processing in Russia; $14.0 million for weapons transportation security in Russia; $57.4 million for planning,

design, and construction of the storage facility for Russian fissile

materials; $89.7 million for weapons storage security in Russia;

$32.1 million for the elimination of the production of weapons

grade plutonium at Russian reactors; $12.0 million for biological

weapons proliferation prevention activities in the former Soviet

Union; $13.0 million for other assessments and administrative support, and $9.0 million for defense and military contacts.

875

Prohibition on use of funds for elimination of conventional weapons

(sec. 1303)

The House bill contained a provision (sec. 1303) that would

prohibit the use of Cooperative Threat Reduction (CTR) funds to be

used for the elimination of conventional weapons or delivery vehicles primarily intended to deliver such weapons.

The Senate amendment contained no similar provision.

The Senate recedes.

The conferees continue to believe that the CTR program should

remain focused on eliminating the threat posed by weapons of mass

destruction and their delivery vehicles in the former Soviet Union.

The conferees are concerned by indications that the Department of

Defense may be considering using CTR funds for the elimination

of delivery systems primarily intended to deliver conventional

weapons, and note that such actions would be prohibited by this

section.

Limitations on use of funds for fissile material storage facility (sec.

1304)

The House bill contained a provision (sec. 1304) that would

limit the use of fiscal year 2001 Cooperative Threat Reduction

funds for construction, design, or planning of a second wing for the

Mayak fissile material storage facility until 15 days after the date

that the Secretary of Defense submits to Congress notification that

Russia and the United States have signed a written transparency

agreement that provides that the material stored at the facility is

of weapons origin. The provision also establishes a funding cap for

the first wing of the facility of not more than $412.6 million.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

The conferees agree to establish a funding cap for the first

wing of the facility because of continuing concerns over the ability

and willingness of Russia to pay its share of the costs, and the previous agreement of the Department of Defense to absorb additional

costs without prior congressional consultation.

Limitation on use of funds to support warhead dismantlement processing (sec. 1305)

The House bill contained a provision (sec. 1307) that would

limit fiscal year 2001 funds for warhead dismantlement processing

in Russia until 15 days after the date that the Secretary of Defense

submits to Congress notification that the United States has

reached an agreement with Russia, providing for appropriate transparency measures regarding assistance by the United States with

respect to such processing.

The Senate amendment contained no similar provision.

The Senate recedes.

Agreement on nuclear weapons storage sites (sec. 1306)

The House bill contained a provision (sec. 1308) that would direct the Secretary of Defense to seek to enter into an agreement

with Russia regarding procedures to allow the United States appropriate access to nuclear weapons storage sites for which assistance

under Cooperative Threat Reduction programs is provided.

876

The Senate amendment contained no similar provision.

The Senate recedes.

Limitation on use of funds for construction of fossil fuel energy

plants; report (sec. 1307)

The House bill contained a provision (sec. 1309) that would

prevent Cooperative Threat Reduction (CTR) funds from being used

for the construction of a fossil fuel energy plant.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that prevents fiscal

year 2001 CTR funds from being used for the construction of a fossil fuel energy plant intended to provide power to local communities already receiving power from nuclear energy plants that

produce plutonium. The amendment also would require a report to

Congress, no later than 60 days after enactment of this Act, detailing options for assisting Russia in the development of alternative

energy sources to the three plutonium production reactors remaining in operation in Russia.

Reports on activities and assistance under cooperative threat reduction programs (sec. 1308)

The Senate amendment contained a provision (sec. 1207) that

would consolidate several annual reporting requirements concerning the Cooperative Threat Reduction (CTR) program. The consolidated report would include: (1) an estimate of the total amount

required to be expended to achieve the objectives of the program;

(2) a description of a five year plan; (3) a description of the program activities carried out during the previous fiscal year; (4) a description of the audits and examinations conducted by the program

to account for and ensure that the assistance is being used for its

intended purpose; and (5) a current description of the tactical nuclear weapons arsenal of Russia. The first report would be submitted to Congress not later than the first Monday in February

2002. Also contained in the annual report would be a requirement

for the Comptroller General of the United States to conduct an annual assessment of the information provided in the consolidated

CTR report. The assessment would be due 60 days after the date

on which the annual report is submitted to Congress.

The House bill contained a provision (sec. 1305) that would

limit not more than 10 percent of fiscal year 2001 Cooperative

Threat Reduction (CTR) funds from being expended or obligated

until the Department of Defense submits to Congress an updated

version of the CTR multiyear plan for fiscal year 2001, and another

provision (sec. 1306) that would require the first report on Russian

nonstrategic nuclear arms to be submitted to Congress not later

than October 1, 2000.

The House recedes with an amendment that would add the

provisions from the House bill to the CTR consolidated report, require the first consolidated report to be due on February 5, 2001,

and narrow the scope of the Comptroller General’s assessment to

a review of the five year plan and the audits and examinations information in the annual report. This assessment would be submitted to Congress not later than 90 days after the date the CTR

877

annual report is submitted to Congress, with the first Comptroller

General’s assessment submitted in 2001.

The conferees note that there have been repeated delays in the

submission of the CTR reports to the Congress. The conferees expect that consolidating CTR reporting requirements into one annual report will facilitate the Department’s ability to meet the congressionally mandated due date each year. The conferees believe

that meeting this deadline provides the Congress with critical programmatic information crucial to the oversight of the CTR program. Failure to meet such deadlines impedes congressional oversight and is of great concern to the conferees. In light of this concern, the conferees expect the Department to meet the CTR report

requirements and deadline, and agree that noncompliance may

warrant future legislative measures to limit funding obligations

and expenditures until such time as the necessary information is

provided to the Congress.

Russian chemical weapons elimination (sec. 1309)

The Senate amendment contained a provision (sec. 1208) that

would amend the prohibition contained in section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65) to limit fiscal year 2000 Cooperative Threat Reduction

(CTR) funds, and funds appropriated after the date of enactment,

from being obligated or expended to construct the Shchuch’ye

chemical weapons destruction facility in Russia until 30 days after

the Secretary of Defense certifies in writing to the Armed Services

Committees of the Senate and the House of Representatives that

for that fiscal year four specific criteria have been met. These criteria are: (1) that the government of Russia has agreed to provide

at least $25.0 million annually for the construction, support, and

operation of the facility; (2) that Russia has agreed to utilize this

facility to destroy the remaining four stockpiles of nerve agents located throughout Russia; (3) that the United States has obtained

multiyear commitments from the international community for the

support of social infrastructure projects for Shchuch’ye; and (4) that

Russia has agreed to destroy its chemical weapons production facilities at Volgograd and Novocheboksark.

The House bill contained no similar provision.

The House recedes with an amendment that would express

support for international assistance, when practicable, to assist

Russia in eliminating its chemical weapons stockpile in accordance

with Russia’s obligations under the Chemical Weapons Convention.

The amendment would also require that the Secretary of Defense

submit a report to the Armed Services Committees of the Senate

and the House of Representatives that identifies: (1) the amount of

money spent by Russia for chemical weapons elimination during

fiscal year 2000; (2) the assistance being provided by the international community for the safe storage and elimination of Russia’s

stockpile of nerve agents, including those at Shchuch’ye; (3) the

countries providing the assistance; and (4) the value of the assistance that the international community has already provided and

has committed for this purpose.

The conferees agree not to repeal or amend the existing prohibition contained in Public Law 106–65 on funding for the chemical

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weapons destruction facility in Russia. The conferees believe the

international community should take a more active role in assisting Russia with its chemical weapons elimination efforts. The conferees will continue to monitor progress in the effort to reduce and

eliminate the threat from Russia’s chemical weapons, including the

participation of the international community in this effort. The conferees note that there are a number of options available within the

CTR Program to advance U.S. threat reduction and nonproliferation objectives, including assisting Russia in its efforts to secure

and eliminate its chemical weapons stockpiles. The conferees note

the availability of prior-year funds that may be used to support

this effort.

Limitation on use of funds for elimination of weapons grade plutonium program (sec. 1310)

The Senate amendment contained a provision (sec. 1209) that

would prevent more than 50 percent of fiscal year 2001 Cooperative

Threat Reduction (CTR) funds from being obligated or expended

until 30 days after the Secretary of Defense submits to Congress

a report on an agreement between the United States and Russia

regarding a new option selected for the shut down or conversion of

the reactors in the elimination of weapons grade plutonium program in Russia. The report must also contain the new date when

such reactors will cease production of weapons grade plutonium

and any cost sharing arrangements between Russia and the United

States in undertaking the activities in this program.

The House bill contained no similar provision.

The House recedes.

Report on audits of Cooperative Threat Reduction programs (sec.

1311)

The House bill contained a provision (sec. 1310) that would direct the Comptroller General to submit to Congress a report not

later than March 31, 2001, examining the procedures and mechanisms with respect to audits by the Department of Defense of the

use of funds for Cooperative Threat Reduction programs.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on use of funds for prevention of biological weapons proliferation in Russia

The House bill contained a provision (sec. 1311) that would

limit Cooperative Threat Reduction funds from being obligated or

expended for the prevention of proliferation of biological weapons

in Russia until the President submits to Congress the report on the

Expanded Threat Reduction Initiative required by section 1309 of

the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65). This report was due March 31, 2000.

The Senate amendment contained no similar provision.

The House recedes.

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TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE UNITED

STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK

LEGISLATIVE PROVISIONS ADOPTED

Commission to assess the threat to the United States from electromagnetic pulse (EMP) attack (secs. 1401–1409)

The House bill contained a provision (secs. 1401–1409) that

would establish a Commission to Assess the Threat to the United

States from Electromagnetic Pulse (EMP) Attack.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Secretary of Defense to submit a report to Congress commenting on

the Commission’s findings and conclusions, describing the politicalmilitary scenarios that could possibly lead to an EMP attack

against the United States, evaluating the relative likelihood of an

EMP attack against the United States compared to other threats

involving nuclear weapons, and explaining the actions intended to

implement the recommendations of the Commission and the reasons for doing so.

TITLE XV—NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO

RICO

LEGISLATIVE PROVISIONS ADOPTED

Navy activities on the island of Vieques, Puerto Rico (secs. 1501–

1508)

The House bill contained a provision (sec. 1501) that would

convey the Navy property, comprising the Naval Ammunition Support Detachment, on the western side of the Island of Vieques,

Puerto Rico, except the communication and radar sites, to the Commonwealth of Puerto Rico under the terms of the agreement between the President and the Governor of Puerto Rico.

The Senate amendment contained provisions (secs. 1301–1308)

that would support the agreement reached between the President

and the Governor of Puerto Rico intended to restore relations between the people of Vieques and the Navy, and to provide for the

continuation of live fire training on the Island of Vieques. Specifically, the Senate bill would authorize $40.0 million for infrastructure and other economic projects on the Island of Vieques, and

would require the President to conduct a referendum on Vieques to

determine whether the people of Vieques approve or disapprove of

the continuation of live-fire military training on the island. The

conservation zones on the western side of the island, containing

seven endangered and threatened species, would be transferred to

the Secretary of Interior to be administered as wildlife refuges. If

the people of Vieques approve the continuation of live-fire training,

the provision would authorize an additional $50.0 million in economic aid for the island. If the people of Vieques disapprove the

continuation of live-fire training, the provision would require the

Navy and Marine Corps to cease all training operations on the Island of Vieques by May 1, 2003; to terminate any operations at

Roosevelt Roads related to the use of training ranges on Vieques,

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essary for national security reasons, and to transfer all Navy property on the eastern side of the Island of Vieques to the Secretary

of the Interior. The Secretary of Interior would be required to retain the transferred properties subject to further congressional action regarding disposition.

The conferees remain concerned about the lack of live-fire access to the Naval training facility on the Island of Vieques, and the

related negative consequences for Navy and Marine Corps readiness. In testimony before the Congress, the Chairman of the Joint

Chiefs of Staff, along with the Chief of Naval Operations and the

Commandant of the Marine Corps, stated that Vieques provides integrated live-fire training ‘‘. . . critical to our readiness.’’ The Secretary of the Navy also testified that ‘‘. . . only by providing this

preparation can we fairly ask our service members to put their

lives at risk.’’ The concern of the Joint Chiefs of Staff were reinforced by operational commanders including the Commander of the

Sixth Fleet of the Navy who stated that the loss of Vieques would

‘‘cost American lives.’’

The House recedes.

The conferees agree to include provisions that would support

the agreement reached between the President and the Governor of

Puerto Rico regarding the future of Navy live-fire military training

on Vieques. The conferees agree to authorize $40.0 million in immediate economic assistance for the Municipality of Vieques.

The conferees would specifically include a provision that would

transfer, with certain exceptions, the land comprising the Navy

Ammunition Support Detachment to the Municipality of Vieques.

The property would be administered, managed, and controlled by

the Municipality of Vieques in a manner that is determined to be

most advantageous to the majority of the residents of Vieques. The

relocatable over-the-horizon radar site, the telecommunications

equipment site on Mount Pirata, and any easements or rights-ofway associated with these sites would be exempted from transfer

and retained by the Navy.

The conservation zones on the land comprising the Navy Ammunition Support Detachment would be transferred to the Secretary of Interior to be administered and managed by the Secretary

as a wildlife refuge through a cooperative agreement among the

Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust,

and the Secretary of Interior. Property adjacent to these wildlife

refuge areas could be included in the cooperative agreement, however, such areas would not exceed 800 acres. If the cooperative

agreement is not completed before the required transfer date, the

Secretary of Interior should begin the administration and management of the land as wildlife refuges.

Given the importance of the Navy training range to national

security and the unique circumstances of the people of Vieques, the

conferees would also include a provision that would require a binding referendum by the people of Vieques to determine if the range

should remain available for live-fire training. The referendum

would require that the residents of Vieques vote on the future of

live-fire training at the Navy range on Vieques. The vote would

take place on May 1, 2001, or 270 days before or after that date.

The conferees would authorize the referendum, despite remaining

881

reservations regarding the propriety of such an action, and would

also do so with the clear expectation that this represents a unique

circumstance, and such local referenda should not be used to determine the status of national security assets.

The conferees agree to authorize an additional $50.0 million to

provide economic assistance to the people of Vieques if there is a

vote in favor of continued live-fire training at the Navy range.

If the people of Vieques disapprove continued live-fire training,

or the Chief of Naval Operations and the Commandant of the Marine Corps jointly submit to the congressional defense committees

a certification that the range is no longer needed for training by

the Navy and the Marine Corps, all Navy owned land on the eastern side of the island, with the exception of the live-fire area,

would be transferred to the Secretary of Interior to be administered

and managed as a wildlife refuge. The live impact area would be

administered as a wilderness area with no public access permitted.

Finally, the conferees would also include a provision that

would impose a moratorium on new construction at Fort Buchanan

pending a determination that such construction would be required

despite the potential for relocation to Roosevelt Roads. Reserve

component and nonappropriated fund facilities would not be included in the moratorium.

The conferees recognize and appreciate the sacrifice made by

the people of Vieques and other communities located near U.S.

military training installations, which have ensured the readiness of

U.S. military forces. The conferees remain concerned that future

training may be jeopardized as a result of historically poor relations with the people of Vieques, and the tragic accident which resulted in the death of a civilian employee of the Navy. The conferees hope that the Navy and the people of Vieques will successfully develop and sustain a cooperative relationship for the future.

TITLE XVI—VETERANS EDUCATION BENEFITS

LEGISLATIVE PROVISIONS ADOPTED

Additional opportunity for certain VEAP participants to enroll in

basic educational assistance under Montgomery G.I. Bill (sec.

1601)

The Senate amendment contained a provision (sec. 683) that

would authorize the secretary of a military department to, as a recruiting or retention incentive, permit a service member who was

previously eligible for the Veterans Educational Assistance Program (VEAP) or who did not elect to participate in the Montgomery

G.I. Bill to enroll in the Montgomery G.I. Bill educational benefit

program.

The House bill contained no similar provision.

The House recedes with an amendment that would, during a

one-year period following enactment, permit individuals who were

previously enrolled in VEAP to enroll in the Montgomery G.I. Bill

program after paying a premium not to exceed $2,700.

882

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

education (sec. 1602)

The Senate amendment contained a provision (sec. 684) that

would authorize the secretary of a military department to pay up

to 100 percent of the charges of an educational institution for the

tuition or expenses of a service member enrolled in an off-duty educational program and would permit service members to use their

Montgomery G.I. Bill educational benefit to pay any portion of the

charges that are not paid by the secretary of the military department.

The House bill contained no similar provision.

The House recedes.

Clarification of Department of Veterans Affairs duty to assist (sec.

1611)

The Senate amendment contained a provision (sec. 672) that

would clarify the responsibility of the Secretary of Veterans Affairs

to assist claimants in developing all facts pertinent to a claim for

benefits.

The House bill contained no similar provision.

The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Modification of time for use by certain members of the Selected Reserve of entitlement to educational assistance

The Senate amendment contained a provision (sec. 670) that

would extend the time frame in which members of the Selected Reserve could use their educational benefits.

The House bill contained no similar provision.

The Senate recedes.

Modification of time for use by certain members of Selected Reserve

of entitlement to certain educational assistance

The Senate amendment contained a provision (sec. 685) that

would extend the period in which members of the Selected Reserve

may use their Reserve Montgomery G.I. Bill benefits to five years

after they separate from the reserves.

The House bill contained no similar provision.

The Senate recedes.

Short title

The Senate amendment contained a provision (sec. 681) that

would establish the subtitle, ‘‘Helping Our Professionals Educationally (HOPE) Act of 2000.’’

The House bill contained no similar provision.

The Senate recedes.

Transfer of entitlement to educational assistance by certain members of the armed forces

The Senate amendment contained a provision (sec. 682) that

would authorize the secretary of a military department, as a recruiting or retention incentive, to permit a service member to

883

transfer their entitlement to the basic educational benefit under

the Montgomery G.I. Bill, in whole or in part, to their dependents.

The House bill contained no similar provision.

The Senate recedes.

TITLE XVII—ASSISTANCE TO FIREFIGHTERS

LEGISLATIVE PROVISIONS ADOPTED

Assistance to Firefighters (secs. 1701–1707)

The Senate amendment contained a provision (sec. 1072) that would authorize a six-year, $3.1 billion competitive federal grant

program to provide assistance to local firefighting departments for

the purpose of protecting the health and safety of the public and

firefighting personnel, including volunteers and emergency medical

service personnel, against fire and fire-related hazards. The provision would authorize grant funds to be used for various firefighting

related activities including the hiring of additional personnel, the

training of personnel, the procurement of vehicles and other equipment, certification of fire inspectors, and similar activities. A 10

percent matching requirement of non-federal funds under this program would be required. The Director of the Federal Emergency

Management Agency (FEMA) would be responsible for the administration of the program.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

a series of provisions (secs. 1701–1707) to provide assistance to

local firefighting departments. The amendment would authorize a two-year, $400.0 million

competitive grant program to provide assistance to local firefighting departments. Each grant could not exceed $750,000. In

order for a grant applicant to receive funds, the applicant would

have to demonstrate a financial need for the assistance; outline the

costs and benefits of public safety in relation to the use of the assistance; and agree to provide information to the National Fire Incident Reporting System. There would be a 30 percent matching requirement of non-federal funds under this program for fire departments that serve more than 50,000 people, and a 10 percent matching requirement of non-federal funds for fire departments that

serve 50,000 people or less. The Director of FEMA would be required to ensure that communities protected by volunteer firefighters receive grant funding that at least reflects a proportionate

share, as compared to the U.S. population as a whole. The Director

of FEMA would also be required to submit a report to Congress

that provides the current role and activities associated with the fire

services, the adequacy of current funding, and a needs assessment

to identify shortfalls. The Director of FEMA would consult with the

chief executive of a state when making a direct grant.

The amendment would also include a two-year, $30.0 million

program to provide assistance to state foresters or equivalent state

officials for firefighting activities. The Secretary of Agriculture

would be responsible for the administration of this program. The

Secretary of Agriculture would be required to submit a report to

Congress on the results of the assistance provided under this program.

884

The amendment would further authorize a two-year, $30.0 million competitive grant program to hospitals that serve as regional

burn centers, to safety organizations that conduct burn safety programs to assist burn prevention programs, to programs that augment existing burn prevention programs, or to other entities that

provide after-burn treatment and counseling for burn victims. The

Director of FEMA would be responsible for the administration of

the program. The Director would be required to submit a report to

Congress on the results of the assistance provided under this aspect of the grant program.

The amendment would also require the Secretary of Health

and Human Services, in consultation with the Secretary of Labor,

to conduct a study regarding the prevalence of hepatitis C among

emergency response employees of the United States. The Secretary

of Health and Human Services, in consultation with the Secretary

of Labor, would also be authorized to make grants to qualifying

local governments that are qualified to carry out demonstration

projects that train employees to minimize the risk of hepatitis C infection, and to test and treat employees for the disease.

The amendment would further require the Secretary of Defense, in consultation with the Attorney General and the Secretary

of Commerce, to conduct an engineering study to identify any portions of the 138–144 megahertz band that the Department of Defense can share with public safety radio services in various geographic regions of the United States. The study would include recommended measures necessary to prevent harmful interference between the Department of Defense systems and the public safety

systems, and a reasonable schedule for the sharing of frequencies,

provided such sharing can be accomplished without causing interference. The Secretary of Commerce and the Chairman of the Federal Communications Commission would also be required to submit

a report to Congress on alternative frequencies that are, or could

be made, available for use by public safety systems.

The amendment would authorize the Secretary of Defense to

transfer excess personal property of the Department of Defense to

firefighting agencies if the property is determined to be suitable for

use in providing fire and emergency medical services. The property

would have to be drawn from existing stocks of the Department of

Defense and made without cost to the Department. The recipient

firefighting department would accept the property on an as-is,

where-is basis and cover all costs of the transfer of the property.

Finally, the amendment would require the establishment of a

task force to identify defense technologies and equipment that

could be readily put to use by fire service and emergency response

personnel, and could be transferred to fire departments. The task

force would consist of a representative from the Department of Defense and each of the seven organizations representing various

views in firefighting.

885

TITLE XVIII—IMPACT AID

LEGISLATIVE PROVISIONS ADOPTED

Impact Aid Reauthorization Act of 2000 (secs. 1801–1818)

The conference agreement includes provisions that would

amend the Elementary and Secondary Education Act of 1965 (20

U.S.C. 7701) to extend the authority for, and to restructure, assistance programs for local educational agencies impacted by federal

presence. The provisions would make adjustments to the impact

aid program to accommodate military housing privatization initiatives and would restructure the formula to increase impact aid to

schools serving military children. Other provisions would hold

school districts harmless in cases where military children have

been temporarily relocated to off-base housing while on-base housing is renovated and would provide additional support to school districts required to support privatized military housing areas constructed on non-federal land. The provisions would accelerate payment of impact aid to the most severely effected school districts

and would authorize the Secretary of Education to provide grants

to school districts to renovate and repair schools with the greatest

need. The provisions would also establish a minimum funding level

for small, poor school districts.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Overview

The budget request for fiscal year 2001 included

$8,033,908,000 for military construction and family housing.

The House bill would authorize $8,433,908,000 for military

construction and family housing.

The Senate amendment would provide $8,463,908,000 for this

purpose.

The conferees recommend authorization of appropriations of

$8,821,172,000 for military construction and family housing, including general reductions and revised economic assumptions.

886

887

888

889

890

891

892

893

894

895

896

897

898

899

900

901

902

903

904

905

FISCAL YEAR 2001 BRAC MILITARY CONSTRUCTION PROJECTS—AIR FORCE: BRAC IV

CONSTRUCTION, FISCAL YEAR 2001

[Dollars in thousands]

State Installation or location Description Amount

Texas ........................ Fort Sam Houston ..................................... Defense Reutilization and Marketing Organization Complex.12,800

Total Air Force-BRAC

IV Construction.

12,800

TITLE XXI—ARMY

Overview

The House bill would authorize $1,824,640,000 for Army military construction and family housing programs for fiscal year 2001.

The Senate amendment would authorize $1,978,295,000 for

this purpose.

The conferees recommend authorization of appropriations of

$1,925,344,000 for Army military construction and family housing

for fiscal year 2001.

The conferees agree to the following reductions: $635,000,

which represents the combination of savings from adjustment to

foreign currency rates for military construction outside the United

States; and $19,911,000, which represents the combination of savings from adjustment to foreign currency rates for military family

housing construction and military family housing support outside

the United States. The reductions shall not cancel any military

construction authorized by title XXI of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Army construction and land acquisition projects (sec.

2101)

The House bill contained a provision (sec. 2101) that would authorize Army construction projects for fiscal year 2001. The authorized amounts are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Family housing (sec. 2102)

The House bill included a provision (sec. 2102) that would authorize new construction and planning and design of family housing units for the Army for fiscal year 2001. The authorized

amounts are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

906

Improvements to military family housing units (sec. 2103)

The House bill contained a provision (sec. 2103) that would authorize improvements to existing units of family housing for fiscal

year 2001.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

Authorization of appropriations, Army (sec. 2104)

The House bill contained a provision (sec. 2104) that would authorize specific appropriations for each line item contained in the

Army’s budget for fiscal year 2001. This section would also provide

an overall limit on the amount the Army may spend on military

construction projects.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

Modification of authority to carry out certain fiscal year 2000

projects (sec. 2105)

The Senate amendment contained a provision (sec. 2105) that

would amend section 2101 of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–65) to

make technical corrections in the funding authorization for Fort

Stewart, Georgia, and Fort Riley, Kansas. The provision would also

amend section 2104 of the Military Construction Authorization Act

for Fiscal Year 2000 (division B of Public Law 106–65) to provide

for an increase in the amount authorized for appropriation for unspecified minor construction from $9.5 million to $14.6 million. The

provision would also make certain conforming changes.

The House bill contained no similar provision.

The House recedes with an amendment that would amend section 2101 of the Military Construction Authorization Act for Fiscal

Year 2000 (division B of Public Law 106–65) to provide for an increase in the amount authorized for CONUS Various due to a

change in scope.

Modification of authority to carry out certain fiscal year 1999

projects (sec. 2106)

The House bill contained a provision (sec. 2105) would amend

section 2101 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105–261) to provide for an

increase in the amount authorized for the construction of a railhead facility at Fort Hood, Texas.

The Senate amendment contained a similar provision (sec.

2106) that would amend section 2101 of the Military Construction

Act for Fiscal Year 1999 (division B of Public Law 105–261) to increase the amount authorized for the construction of a barracks

project at Fort Riley, Kansas, from $41.0 million to $44.5 million,

and a railhead facility at Fort Hood, Texas, from $32.5 million to

$45.3 million. The provision would also make certain technical corrections.

The House recedes with a technical amendment.

907

Modification of authority to carry out fiscal year 1998 project (sec.

2107)

The Senate amendment contained a provision (sec. 2107) that

would amend section 2101 of the Military Construction Act for Fiscal Year 1998 (division B of Public Law 105–85) to provide an increase in the amount authorized for the construction of a barracks

project at Hunter Army Airfield, Fort Stewart, Georgia, from $54.0

million to $57.5 million. The provision would also make certain

technical corrections.

The House bill contained no similar provision.

The House recedes.

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

The Senate amendment contained a provision (sec. 2108) that

would authorize the Secretary of the Army to accept funds from the

Federal Highway Administration (FHA) or the Commonwealth of

Kentucky to fund the additional costs associated with the realignment of a rail connector military construction project at Fort Campbell, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–210). The provision would authorize the Secretary to

use the funds received from the FHA or the Commonwealth in the

same manner as funds authorized and appropriated for the rail

connector project. The provision would also specify that the costs

associated with realignment include, but are not limited to, redesign costs, additional construction costs, additional costs due to

construction delays related to the realignment, and additional real

estate costs.

The House bill contained no similar provision.

The House recedes with a technical amendment.

TITLE XXII—NAVY

Overview

The House bill would authorize $2,187,673,000 for Navy military construction and family housing programs for fiscal year 2001.

The Senate amendment would authorize $2,095,163,000 for

this purpose.

The conferees recommend authorization of appropriations of

$2,227,995,000 for Navy military construction and family housing

for fiscal year 2001.

The conferees agree to general reductions of $20,000,000 in the

authorization of appropriations for the Navy military construction

and military family housing accounts. The reductions are to be offset by savings from favorable bids, reduction in overhead costs, and

cancellation of projects due to force structure changes. The conferees further agree to reductions of $2,889,000, which represents

the combination of savings from adjustment to foreign currency

rates for military construction outside the United States and

$1,071,000, which represents the combination of savings from adjustment to foreign currency rates for military family housing support outside the United States. The general reductions shall not

908

cancel any military construction authorized by title XXII of this

Act.

ITEMS OF SPECIAL INTEREST

Improvements to military family housing, Navy

The conferees recommend that, within authorized amounts for

improvements to military family housing and facilities, the Secretary of the Navy execute the following projects: $9,030,000 for

Whole House Revitalization (98 units) at Marine Corps Base, Camp

Pendleton, California; and $500,000 for Whole House Revitalization

(one unit) at the 8th and I Marine Corps Barracks, District of Columbia.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Navy construction and land acquisition projects (sec.

2201)

The House bill contained a provision (sec. 2201) that would authorize Navy construction projects for fiscal year 2001. The authorized amounts are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Family housing (sec. 2202)

The House bill contained a provision (sec. 2202) that would authorize new construction and planning and design of family housing units for the Navy for fiscal year 2001. The authorized amounts

are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Improvements to military family housing units (sec. 2203)

The House contained a provision (sec. 2203) that would authorize improvements to existing units of family housing for fiscal year

2001. The authorized amounts are listed on an installation-by-installation basis.

The Senate bill amendment contained a similar provision.

The conference agreement includes a similar provision.

Authorization of appropriations, Navy (sec. 2204)

The House bill contained a provision (sec. 2204) that would authorize specific appropriations for each line item in the Navy’s

budget for fiscal year 2001. This provision would also provide an

overall limit on the amount the Navy may spend on military construction projects.

The Senate amendment contained a similar provision.

909

The conference agreement includes a similar provision.

Modification of authority to carry out fiscal year 1997 project at

Marine Corps Combat Development Command, Quantico, Virginia (sec. 2205)

The House bill contained a provision (sec. 2205) that would

modify the authorized use of funds authorized for appropriation for

fiscal year 1997 for a military construction project at Marine Corps

Command Development Command, Quantico, Virginia. The provision would permit the use of previously authorized funds to carry

out a military construction project involving infrastructure development at that installation.

The Senate amendment contained a similar provision (sec.

2205).

The House recedes with a technical amendment.

TITLE XXIII—AIR FORCE

Overview

The House bill would authorize $1,766,136,000 for Air Force

military construction and family housing programs for fiscal year

2001.

The Senate amendment would authorize $1,851,909,000 for

this purpose.

The conferees recommend authorization of appropriations of

$1,943,069,000 for Air Force military construction and family housing for fiscal year 2001.

The conferees agree to a $12,231,000 reduction which represents the combination of savings from adjustment to foreign currency rates for military family housing construction and military

family housing support outside the United States. The reduction

shall not cancel any military construction authorized by title XXIII

of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Air Force construction and land acquisition projects

(sec. 2301)

The House bill contained a provision (sec. 2301) that would authorize Air Force construction projects for fiscal year 2001. The authorized amounts are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Family housing (sec. 2302)

The House bill contained a provision (sec. 2302) that would authorize new construction and planning and design of family housing units for the Air Force for fiscal year 2001.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

910

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Improvements to military family housing units (sec. 2303)

The House bill contained a provision (sec. 2303) that would authorize improvements to existing units of family housing for fiscal

year 2001.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

Authorization of appropriations, Air Force (sec. 2304)

The House bill contained a provision (sec. 2304) that would authorize specific appropriations for each line item in the Air Force

budget for fiscal year 2001. This provision would also provide an

overall limit on the amount the Air Force may spend on military

construction projects.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

TITLE XXIV—DEFENSE AGENCIES

Overview

The House bill would authorize $860,390,000 for Defense Agencies military construction and family housing programs for fiscal

year 2001. The bill would also authorize $1,174,369,000 for base

closure activities.

The Senate amendment would authorize $736,884,000 for Defense Agencies military construction and family housing programs

for fiscal year 2001. The amendment would also authorize

$1,174,369,000 for base closure activities.

The conferees recommend authorization of appropriations of $859,533,000 for Defense Agencies military construction and family

housing for fiscal year 2001. The conferees also recommend authorization of appropriations of $1,024,369,000 for base closure activities.

The conferees agree to a general reduction of $20,000,000 in

the authorization of appropriations for the chemical demilitarization program. The reduction represents the combination of project

savings in military construction for chemical demilitarization resulting from favorable bids, reduced overhead charges, and cancellations due to force structure changes. The conferees do not intend this reduction to interfere with timely compliance with the

Chemical Weapons Convention. The conferees further agree to a reduction of $7,115,000, which represents the combination of savings

from adjustment to foreign currency rates for military construction

outside the United States. The reductions shall not cancel any military construction projects authorized by title XXIV of this Act.

ITEMS OF SPECIAL INTEREST

Military construction projects, Manta Air Base, Ecuador

The conferees agree, upon certification by the Secretary of Defense that sufficient aircraft will be scheduled to operate out of the

911

Manta Air Base, Ecuador, to justify construction of projects at that

facility, funds that have been authorized and appropriated shall be

made available for the construction of large aerial surveillance aircraft related facilities, visiting officers’ quarters, visiting airmen

quarters, and dining facilities at Manta, Ecuador.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Defense Agencies construction and land acquisition

projects (sec. 2401)

The House bill contained a provision (sec. 2401) that would authorize defense agencies construction projects for fiscal year 2001.

The authorized amounts are listed on an installation-by-installation basis.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The authorized amounts are listed on an installation-by-installation basis. The state list contained in this report is intended to

be the binding list of the specific projects authorized at each location.

Energy conservation projects (sec. 2402)

The Senate amendment contained a provision (sec. 2402) that

would authorize the Secretary of Defense to carry out energy conservation projects.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

for appropriation $15.0 million to carry out energy conservation

projects.

Authorization of appropriations, Defense Agencies (sec. 2403)

The House bill contained a provision (sec. 2402) that would authorize specific appropriations for each line item in the Defense

Agencies budgets for fiscal year 2001. This provision would also

provide an overall limit on the amount the Defense Agencies may

spend on military construction projects.

The Senate amendment contained a similar provision (sec.

2403).

The conference agreement includes a similar provision.

Modification of authority to carry out certain fiscal year 1990

project (sec. 2404)

The Senate amendment contained a provision (sec. 2404) that

would amend section 2401 of the Military Construction Act for Fiscal Year 1990 and 1991 (division B of Public Law 101–189), as

amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 103–261)

to provide for an increase in the amount authorized for the construction of the Portsmouth Naval Hospital, Virginia, from

$342,854,000 to $351,354,000.

The House bill contained no similar provision.

The House recedes with a technical amendment.

912

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY

INVESTMENT PROGRAM

Overview

The House bill would authorize $177,500,000 for the U.S. contribution to the NATO Security Investment Program for fiscal year

2001.

The Senate amendment would authorize $190,000,000 for this

purpose.

The conferees agree to authorize $172,000,000 for the U.S. contribution to the NATO Security Investment Program.

LEGISLATIVE PROVISIONS ADOPTED

Authorized NATO construction and land acquisition projects (sec.

2501)

The House bill contained a provision (sec. 2501) that would authorize the Secretary of Defense to make contributions to the North

Atlantic Treaty Organization Security Investment Program in an

amount equal to the sum of the amount specifically authorized in

section 2502 of the House bill and the amount of recoupment due

to the United States for construction previously financed by the

United States.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

Authorization of appropriations, NATO (sec. 2502)

The House bill contained a provision (sec. 2502) that would authorize appropriations of $177,500,000 as the United States contribution to the North Atlantic Treaty Organization (NATO) Security Investment Program.

The Senate amendment would authorize $190,000,000 for this

purpose.

The conferees agree to authorize $172,000,000 for the United

States contribution to the NATO Security Investment Program.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

Overview

The House bill would authorize $443,200,000 for military construction and land acquisition for fiscal year 2001 for the Guard

and Reserve components.

The Senate amendment would authorize $508,146,000 for this

purpose.

The conferees recommend authorization of appropriations of

$668,862,000 for military construction and land acquisition for fiscal year 2001. This authorization would be distributed as follows:

Army National Guard ............................................................................ $266,531,000

Air National Guard ................................................................................ 194,929,000

Army Reserve ......................................................................................... 108,738,000

Naval and Marine Corps Reserve ........................................................ 62,073,000

Air Force Reserve .................................................................................. 36,591,000

Total ............................................................................................. 668,862,000

913

ITEMS OF SPECIAL INTEREST

Support for Weapons of Mass Destruction Civil Support Teams

The conferees included $25.0 million for Unspecified Minor

Construction, Army National Guard, to support the activation of

the Weapons of Mass Destruction Civil Support Teams. Although

these teams are to be assigned to locations that have existing facilities to accommodate their needs, the conferees understand that the

Army National Guard has identified a requirement of approximately $31.0 million for the renovation of facilities to accommodate

these teams. The conferees are aware that the military construction program for the reserve components is underfunded and that

this requirement would place an additional burden on an already

constrained military construction program for the Army National

Guard. The conferees agree to authorize additional funds for this

purpose on a one-time basis and direct the Secretary of the Army

to provide a report on the expenditure of these funds not later than

October 1, 2001.

LEGISLATIVE PROVISIONS ADOPTED

Authorized Guard and Reserve construction and land acquisition

projects (sec. 2601)

The House bill contained a provision (sec. 2601) that would authorize appropriations for military construction for the guard and

reserve by service component for fiscal year 2002.

The Senate amendment contained a similar provision.

The conference agreement includes a similar provision.

The state list contained in this report is intended to be the

binding list of specific projects authorized at each location.

Authority to contribute to construction of airport tower, Cheyenne

Airport, Cheyenne, Wyoming (sec. 2602)

The Senate amendment contained a provision (sec. 2602) that

would authorize $1,450,000 for a contribution by the Air National

Guard to construction of a new airport tower at Cheyenne Airport,

Cheyenne, Wyoming.

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Secretary of the Air Force to contribute to the Cheyenne Airport Authority, consistent with applicable agreements, up to

$1,450,000 from the funds authorized for appropriation in section

2601 to provide for the construction of an airport tower, at Cheyenne Airport, Cheyenne, Wyoming, in support of the Air National

Guard mission.

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS

LEGISLATIVE PROVISIONS ADOPTED

Expiration of authorizations and amounts required to be specified

by law (sec. 2701)

The House bill contained a provision (sec. 2701) that would

provide that authorizations for military construction projects, repair of real property, land acquisition, family housing projects and

914

facilities, contributions to the North Atlantic Treaty Organization

Security Investment Program, and guard and reserve projects will

expire on October 1, 2003, or the date of enactment of an Act authorizing funds for military construction for fiscal year 2004,

whichever is later. This expiration would not apply to authorizations for which appropriated funds have been obligated before October 1, 2003, or the date of enactment of an Act authorizing funds

for these projects, whichever is later.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

Extension of authorizations of certain fiscal year 1998 projects (sec.

2702)

The House bill contained a provision (sec. 2702) that would

provide for selected extension of certain fiscal year 1998 military

construction authorizations until October 1, 2001, or the date of the

enactment of the Act authorizing funds for military construction for

fiscal year 2002, whichever is later.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

Extension of authorizations of certain fiscal year 1997 projects (sec.

2703)

The House bill contained a provision (sec. 2703) that would

provide for selected extension of certain fiscal year 1997 military

construction authorizations until October 1, 2001, or the date of the

enactment of the Act authorizing funds for military construction for

fiscal year 2002, whichever is later.

The Senate amendment contained a similar provision.

The House recedes with a technical amendment.

Effective date (sec. 2704)

The House bill contained a provision (sec. 2704) that would

provide that Titles XXI, XXII, XXIII, XXIV, XV, and XXVI of this

bill shall take effect on October 1, 2000, or the date of the enactment of this Act, whichever is later.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family

Housing Changes

Joint use military construction projects (sec. 2801)

The Senate amendment contained a provision (sec. 2801) that

would express the sense of Congress that the Secretary of Defense,

when preparing the budget request, should identify military construction projects suitable for joint use, specify in the budget request joint use military construction projects, and give priority to

joint use military construction projects. The provision would also

direct the Secretary to include in the budget request a certification

by each secretary concerned that the service screened each construction project in the budget request for the feasibility for joint

915

use. The provision would further require the Secretary of Defense

to submit, not later than September 30 of each year, a report that

included the number of military construction projects evaluated for

joint use construction, when the project could be executed, and a

list of the military construction projects determined to be feasible

for joint use. The provision would also make certain conforming

changes.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Defense to implement the program requirement by fiscal year 2003. The amendment would also eliminate the requirement that the Secretary of Defense conduct an annual evaluation.

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

2802)

The Senate amendment contained a provision (sec. 2802) that

would amend section 2825 of title 10, United States Code, to authorize the secretary concerned to exclude certain costs from the

application of the limitation on the use of funds for improvement

of military family housing units. The specific costs that would be

excluded are the installation, maintenance, and repair of communications, security, or anti-terrorism equipment required by the occupant in the performance of his duties. The provision would also

exclude the cost of repairing or replacing the exterior of the unit

or units if such repair or replacement is necessary to meet historic

preservation standards.

The House bill contained no similar provision.

The House recedes with an amendment that would exclude

only those costs associated with the installation, maintenance, and

repair of communications, security, or anti-terrorism equipment required by the occupant in the performance of his duties.

Revision of space limitations for military family housing (sec. 2803)

The House bill contained a provision (sec. 2801) that would

amend section 2826 of title 10, United States Code, to require the

secretary concerned to ensure that the room patterns and floor

areas of military family housing units constructed, acquired, or improved by the secretary shall be generally comparable to those

available in the locality of the military installation on which such

military family housing units are located.

The Senate amendment contained a similar provision (sec.

2803).

The House recedes with a technical amendment.

Modification of lease authority for high-cost military family housing

(sec. 2804)

The House bill contained a provision (sec. 2802) that would

amend section 2828 of title 10, United States Code, to modify the

authorized terms of leasing for military family housing to support

the United States Southern Command in Miami, Florida.

The Senate amendment contained a provision (sec. 2804) that

would amend section 2828 of title 10, United States Code, to eliminate the $60,000 per year limitation on the lease of an individual

916

housing unit and to authorize the Secretary of the Army to enter

into leases for eight housing units in the Miami area for no more

than five years. The provision would further amend section 2828 to

authorize the Secretary concerned to adjust the maximum cost authorized for family housing leases based on the percentage that the

national average monthly cost of housing differ during the two preceding fiscal years. The provision would authorize the Secretary of

the Army to adjust the maximum amount of the eight family housing unit leases in the Miami area by the percent the annual average cost of housing for the Miami Military Housing Area exceeds

the annual average cost for the same region for the fiscal year preceding the fiscal year.

The House recedes with a technical amendment.

Provision of utilities and services under alternative authority for acquisition and improvement of military housing (sec. 2805)

The Senate amendment contained a provision (sec. 2806) that

would amend section 2872 of title 10, United States Code, to authorize the service secretaries to provide utilities and services to

privatized housing units located on a military installation on a reimbursable basis. The payments received for such services would

be credited to the appropriate account or working capital fund from

which the cost of furnishing the utilities and services are paid.

The House bill contained no similar provision.

The House recedes with an amendment that would clarify the

list of covered utilities and services.

Extension of alternative authority for acquisition and improvement

of military housing (sec. 2806)

The House bill contained a provision (sec. 2803) that would

amend section 2885 of title 10, United States Code, to extend the

authorities contained in subchapter 169 of title 10, United States

Code, for an additional five-year period to 2006.

The Senate amendment contained a provision (sec. 2807) that

would amend section 2885 of title 10, United States Code, to extend the authorities contained in subchapter 169 of title 10, United

States Code, for an additional three-year period.

The House recedes with an amendment that would extend the

authorities contained in subchapter 169 of title 10, United States

Code, to December 31, 2004.

Expansion of definition of armory to include readiness centers (sec.

2807)

The House bill contained a provision (sec. 2804) that would

amend section 18232 of title 10, United States Code, to clarify that

the term ‘‘readiness center’’ shall have the same meaning as the

term ‘‘armory.’’

The Senate amendment contained a similar provision (sec.

2808).

The Senate recedes with a technical amendment.

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Subtitle B—Real Property and Facilities Administration

Increase in threshold for notice and wait requirements for real property transactions (sec. 2811)

The House bill contained a provision (sec. 2811) that would

amend section 2662 of title 10, United States Code, to increase the

threshold for notice and wait requirements for real property transactions from $200,000 to $500,000.

The Senate amendment contained a similar provision (sec.

2811).

The Senate recedes.

Enhancement of authority of military departments to lease non-excess property (sec. 2812)

The House bill contained a provision (sec. 2812) that would

amend section 2667 of title 10, United States, to modify the permissible forms of consideration received by the secretary concerned for

the lease of non-excess real property under the control of the secretary.

The Senate amendment contained a provision (sec. 2812) that

would amend section 2667 of title 10, United States Code, to authorize the secretary concerned to lease facilities that are under the

control of that department and that are not excess to the needs of

that department. The secretary concerned would be authorized to

accept as compensation for the leases, either payment in-kind or

cash. The provision would further authorize the secretary concerned to use cash proceeds from leases for maintenance, protection, alteration, repair, improvements or restoration of property or

facilities, construction or acquisition of new facilities, lease facilities, and facilities support. The provision would authorize the secretary concerned to construct or acquire facilities in excess of

$500,000 only after submission of a report on the facts of the construction or acquisition of such facilities to the congressional defense committees and passage of a waits 30-day waiting period.

The provision would also authorize the secretary concerned to indemnify the leasee from any claim for personal injury or property

damage, that results from the release of hazardous substance, pollutants or contaminants, petroleum, or unexploded ordnance as a

result of Department of Defense activities on the military installation at which the leased property is located.

The Senate recedes with an amendment that would include the

construction of new facilities as in-kind consideration and authorize

the secretary concerned to use funds received from money rentals

for the construction or acquisition of new facilities. The amendment

would impose a notice and wait requirement for any new construction or acquisition of new facilities exceeding $500,000. The amendment would also not include a requirement for a certification by the

Comptroller General prior to secretarial acceptance of in-kind consideration or money rentals.

Conveyance authority regarding utility systems of military departments (sec. 2813)

The House bill contained a provision (sec. 2813) that would

amend section 2688 of title 10, United States Code, to require the

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secretary concerned to comply with the competition requirements of

section 2304 of title 10, United States Code, in the conveyance of

utility system infrastructure. The provision would also require that

the secretary concerned carry out a conveyance or award only if he

determines that the conveyance or award complies with State laws,

regulations, rulings, and policies governing the provision of utility

systems.

The Senate amendment contained a provision (sec. 2813) that

would amend section 2688 of title 10, United States Code, to clarify

that the secretary concerned may use procedures other than competitive procedures only under the circumstances specified in section 2304 (c) through (f) of title 10, United States Code.

The House recedes with an amendment that would require the

secretary concerned to structure the solicitation process for the privatization of utility systems on military installations in such a

manner that would allow, to the maximum extent possible, all interested regulated and unregulated entities the opportunity to acquire and operate utility systems on military installations regardless of franchise rights in the area of the installation concerned.

The amendment would also direct the secretary concerned to require the conveyee or awardee of the utility system to manage and

operate the utility system consistent with federal and state regulations pertaining to health safety, fire, and environmental requirements.

Permanent conveyance authority to improve property management

(sec. 2814)

The Senate amendment contained a provision (sec. 1063) that

would extend the authority of the Administrator of the General

Services Administration to convey surplus property to local governments for law enforcement purposes until December 2002.

The House bill amendment contained no similar provision.

The House recedes with an amendment that would make permanent the authority of the Administrator of the General Services

Administration to convey surplus property to local governments for

law enforcement purposes.

Subtitle C—Defense Base Closure and Realignment

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

2821)

The Senate amendment contained a provision (sec. 2821) that

would amend section 2905 of the Department of Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public

Law 101–510) and section 204 of the Defense Authorization

Amendments and Base Closure Realignment Act (title II of Public

Law 100–526) to clarify that the seven-year period to account for

the proceeds from any sale or lease of property received by the redevelopment authority begins with the date of the initial transfer

of property.

The House bill contained no similar provision.

The House recedes.

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Subtitle D—Land Conveyances

Part I—Army Conveyances

Transfer of jurisdiction, Rock Island Arsenal, Illinois (sec. 2831)

The House bill contained a provision (sec. 2831) that would authorize the transfer of, and exchange of jurisdiction on, a parcel of

real property with improvements consisting of approximately 23

acres at Rock Island Arsenal, Illinois, between the Secretary of the

Army and the Secretary of Veterans’ Affairs. The parcel is to be incorporated into the Rock Island National Cemetery.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Army Reserve Center, Galesburg, Illinois (sec.

2832)

The House bill contained a provision (sec. 2832) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately 4.65 acres in Galesburg, Illinois, to Knox County, Illinois.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Charles Melvin Price Support Center, Illinois

(sec. 2833)

The House bill contained a provision (sec. 2839) that would authorize the Secretary of the Army to convey a parcel of real property with improvements consisting of approximately 752 acres to

the Tri-City Regional Port District of Granite City, Illinois. As consideration for the conveyance, the Secretary shall determine if the

Port District satisfies the criteria to qualify for a public benefit conveyance. If the public interest is served, the Secretary may accept

an amount less than fair market value for a lease of the property.

The cost of any surveys necessary for the conveyance would be

borne by the Port District.

The Senate amendment contained a similar provision (sec.

2831).

The Senate recedes with an amendment that would authorize

the Secretary of the Army to require as a condition for the conveyance that the Port District lease to the Department of Defense or

any other federal agency facilities on the property to be conveyed.

The amendment would also make certain technical corrections.

Land conveyance, Fort Riley, Kansas (sec. 2834)

The House bill contained a provision (sec. 2841) that would authorize the Secretary of the Army to convey, without consideration,

approximately 70 acres of real property at the Fort Riley Military

Reservation, Fort Riley, Kansas, to the State of Kansas. The purpose of the conveyance would be to establish a State-operated veterans cemetery. All costs associated with the conveyance would be

borne by the State. The provision would waive the screening requirement under section 2696 of title 10, United States Code.

The Senate amendment contained a similar provision (sec.

2836).

920

The House recedes with a technical amendment.

Land conveyance, Fort Polk, Louisiana (sec. 2835)

The House bill contained a provision (sec. 2834) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately 200 acres at Fort Polk, Louisiana, to the State of Louisiana.

The property is to be used for the establishment of a State-run veterans’ cemetery. The cost of any surveys necessary for the conveyance would be borne by the Commission.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Army Reserve Center, Winona, Minnesota (sec.

2836)

The House bill contained a provision (sec. 2833) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements to Winona State University Foundation. The property is to be used for educational purposes. The cost of any surveys necessary for the conveyance would

be borne by the Foundation.

The Senate amendment contained an identical provision (sec.

2837).

The conference agreement includes this provision.

Land conveyance, Fort Dix, New Jersey (sec. 2837)

The House bill contained a provision (sec. 2836) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately two acres and containing a parking lot inadvertently constructed on the parcel, at Fort Dix, New Jersey, to Pemberton

Township, New Jersey.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Nike Site 43, Elrama, Pennsylvania (sec. 2838)

The House bill contained a provision (sec. 2837) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately 160 acres in Elmara, Pennsylvania, to the Board of Supervisors of Union Township, Pennsylvania. The parcel is to be used

for municipal and other public purposes. The cost of any surveys

necessary for the conveyance would be borne by the Township.

The Senate amendment contained no similar provision.

The Senate recedes.

Land exchange, Army Reserve Local Training Center, Chattanooga,

Tennessee (sec. 2839)

The House bill contained a provision (sec. 2840) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately 15 acres at the Army Reserve Local Training Center, Chattanooga, Tennessee, to the Medal of Honor Museum, Inc., Chattanooga, Tennessee. The parcel is to be used as a museum and for

921

other educational purposes. The cost of any surveys necessary for

the conveyance would be borne by the Corporation.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

Land exchange, Fort Hood, Texas (sec. 2840)

The House bill contained a provision (sec. 2838) that would authorize the Secretary of the Army to convey a parcel of real property with improvements, consisting of approximately 100 acres at

Fort Hood, Texas, to the City of Copperas Cove, Texas. As consideration for the conveyance, the City would convey one or more parcels of real property, consisting of approximately 300 acres, to the

Secretary. The cost of any surveys necessary for the conveyances

would be borne by the City.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Fort Pickett, Virginia (sec. 2841)

The House bill contained a provision (sec. 2835) that would authorize the Secretary of the Army to convey, without consideration,

a parcel of real property with improvements, consisting of approximately 700 acres, at Fort Pickett, Virginia, to the Commonwealth

of Virginia. The property is to be used for the development and operation of a public safety training facility. The cost of any surveys

necessary for the conveyance would be borne by the Commonwealth.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Fort Lawton, Washington (sec. 2842)

The Senate amendment contained a provision (sec. 2834) that

would authorize the Secretary of the Army to convey, without consideration, a parcel of real property at Fort Lawton, Washington,

consisting of Area 500 and Government Way from 36th Avenue to

Area 500 to the City of Seattle, Washington. The property is to be

used for inclusion in Discovery Park, Seattle, Washington.

The House bill contained no similar provision.

The House recedes.

Land conveyance, Vancouver Barracks, Washington (sec. 2843)

The House bill contained a provision (sec. 2842) that would authorize the Secretary of the Army to convey, without consideration,

to the City of Vancouver, Washington, two parcels of real property,

including any improvements, at Vancouver Barracks, Washington,

known as East and West Barracks.

The Senate amendment contained a provision (sec. 2835) that

would authorize the Secretary of the Army to convey, without consideration, to the City of Vancouver, Washington, a parcel of real

property, including any improvements, at Vancouver Barracks,

Washington, known as the West Barracks.

The House recedes.

922

Part II—Navy Conveyances

Modification of land conveyance, Marine Corps Air Station, El

Toro, California (sec. 2846)

The House bill contained a provision (sec. 2852) that would

amend section 2811 of the National Defense Authorization Act for

Fiscal Years 1990 and 1991 (Public Law 101–189) to modify the

permissible uses of funds received by the Secretary of the Navy.

The Senate amendment contained a similar provision (sec.

2851).

The House recedes with a technical amendment.

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

The House bill contained a provision (sec. 2851) that would

amend section 2843 of the Military Construction Authorization Act

for Fiscal Year 1995 (division B of Public Law 103–337) to clarify

the restrictions on the use of real property under the jurisdiction

of the Secretary of the Navy by the Oxnard Harbor District, Port

Hueneme, California. This provision would also clarify the forms of

consideration that the District shall pay to the Secretary for the

use of the property.

The Senate amendment contained an identical provision (sec.

2855).

The conference agreement includes this provision.

Transfer of jurisdiction, Marine Corps Air Station, Miramar, California (sec. 2848)

The House bill contained a provision (sec. 2853) that would authorize the transfer of, and exchange of jurisdiction on, a parcel of

real property with improvements, consisting of approximately 250

acres at Marine Corps Air Station, Miramar, California, between

the Secretary of the Navy and the Secretary of the Interior. The

parcel is to be incorporated into the Vernal Pool Unit of the San

Diego National Wildlife Refuge.

The Senate amendment contained no similar provision.

The Senate recedes.

Land exchange, Marine Corps Recruit Depot, San Diego, California

(sec. 2849)

The House bill contained a provision (sec. 2856) that would authorize the Secretary of the Navy to convey a parcel of real property with improvements, consisting of approximately 44.5 acres at

Marine Corps Recruit Depot, San Diego, California, to the San

Diego Unified Port District. As consideration for the conveyance,

the Port District would convey to the Secretary a parcel of real

property contiguous to the installation and would construct suitable replacement facilities and necessary supporting structures, as

determined by the Secretary.

The Senate amendment contained no similar provision.

The Senate recedes.

923

Lease of property, Naval Air Station, Pensacola, Florida (sec. 2850)

The House bill contained a provision (sec. 2855) that would authorize the Secretary of the Navy to lease real property improvements to be designed and constructed by the Naval Aviation Museum Foundation at the National Museum of Naval Aviation at

Naval Air Station, Pensacola, Florida, to the Foundation for a period up to 50 years, with an option to renew for an additional 50

years. The improvements are to be used for the development and

operation of a National Flight Academy. As a condition for the

lease, the Foundation would make the property available at no cost

to the Secretary under certain specified conditions. This section

would also authorize the Secretary to provide assistance to the

Foundation in the form services on a reimbursable basis.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Naval Reserve Center, Tampa, Florida (sec. 2851)

The House bill contained a provision (sec. 2858) that would authorize the Secretary of the Navy to convey a parcel of real property with improvements, consisting of approximately 2.18 acres and

comprising the Naval Reserve Center, Tampa, Florida, to the

Tampa Port Authority. As consideration for the conveyance, the

Port Authority would be required to provide a replacement facility

and to bear all reasonable costs incurred during the relocation. The

cost of any surveys necessary for the conveyance would be borne

by the Port Authority.

The Senate amendment contained no similar provision.

The Senate recedes.

Modification of land conveyance, Defense Fuel Supply Point, Casco

Bay, Maine (sec. 2852)

The Senate amendment contained a provision (sec. 2852) that

would amend section 2839 of the Military Construction Authorization Act for Fiscal Year 1995 (division B of Public Law 103–337)

to authorize the Secretary of Defense to replace electric utility service removed during environmental remediation at Defense Fuel

Supply Point, Casco Bay, Maine. The provision would also authorize the Secretary, in consultation with the community, to improve

the utility services and install telecommunications service, provided

the community funds the cost of the improvements.

The House bill contained no similar provision.

The House recedes with an amendment that would direct the

Secretary of Defense to use funds available from Operations and

Maintenance, Defense-Wide to replace the electric utility service.

Land conveyance, Naval Computer and Telecommunications Station, Cutler, Maine (sec. 2853)

The Senate amendment contained a provision (sec. 2854) that

would authorize the Secretary of the Navy to convey, without consideration, a parcel of real property with improvements consisting

of approximately 263 acres known as the Naval Computer and

Telecommunications Station, Cutler, Maine, to the State of Maine,

any political subdivision of the State of Maine, or any tax-supported agency in the State of Maine. The provision would authorize

924

the Secretary to lease the property to the recipient pending the

conveyance of the deed and would authorize the Secretary to require the recipient of the property to reimburse the cost of any environmental assessment or other studies required with respect to

the conveyance of the property paid by the Secretary.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Modification of land conveyance authority, former Naval Training

Center, Bainbridge, Cecil County, Maryland (sec. 2854)

The Senate amendment contained a provision (sec. 2853) that

would amend section 1 of an Act to convey land in Cecil County,

Maryland (Public Law 99–596) to authorize the Secretary of the

Navy to reduce the amount of consideration received from the State

of Maryland by an amount equal to the cost of restoring the historic buildings on the property. The total amount of the reduction

would not exceed $500,000.

The House bill contained no similar provision.

The House recedes.

Land conveyance, Marine Corps Base, Camp Lejeune, North Carolina (sec. 2855)

The Senate amendment contained a provision (sec. 2856) that

would authorize the Secretary of the Navy to convey a parcel of

real property with improvements consisting of approximately 50

acres known as the railroad right-of-way located between Highway

24 and Highway 17 at Marine Corps Base, Camp Lejeune, North

Carolina, to the City of Jacksonville, North Carolina. The parcel is

to be used for a bike/green way trail. The city would reimburse the

Secretary for the costs incurred in carrying out the conveyance.

The House bill contained no similar provision.

The House recedes with clarifying amendment.

Land exchange, Naval Air Reserve Center, Columbus, Ohio (sec.

2856)

The House bill contained a provision (sec. 2857) that would authorize the Secretary of the Navy to convey a parcel of real property with improvements, consisting of approximately 24 acres comprising the Naval Air Reserve Center at Rickenbacker International Airport, Ohio, to the Rickenbacker Port Authority of Columbus, Ohio. As consideration for the conveyance, the Authority

would convey to the Secretary a parcel of real property consisting

of approximately 15 acres. This section would require the Secretary

to utilize the property conveyed by the Authority as the site for a

joint reserve center for units associated with the Naval Air Reserve

Center at the Airport and the Naval and Marine Corps Reserve

Center currently located in Columbus, Ohio. The cost of any survey

necessary for the exchange would be borne by the Authority.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Naval Station, Bremerton, Washington (sec. 2857)

The conferees agree to include a provision that would authorize

the Secretary of the Navy to convey a parcel of real property with

925

improvements consisting of approximately 45.8 acres and comprising the former East Park Transient Family Accommodations,

Naval Station, Bremerton, Washington, to the City of Bremerton,

Washington. The property would be used for public benefit purposes. The conveyance would be without consideration except in the

event the City uses the property for other purposes. In such an

event, the City would pay fair market value, as determined by an

appraisal acceptable to the Secretary. The City would be required

to reimburse the Secretary for any administrative expenses incurred in carrying out the conveyance.

Part III—Air Force Conveyances

Land conveyance, Los Angeles Air Force Base, California (sec. 2861)

The House bill contained a provision (sec. 2863) that would authorize the Secretary of the Air Force to convey on terms the Secretary considers appropriate, any or all portions of four parcels of

real property with improvements, totaling approximately 111 acres

at Los Angeles Air Force Base, California. As consideration for the

conveyance, the recipient shall provide for the design and construction, acceptable to the Secretary, of one or more facilities to consolidate the mission and support functions at the installation. Any

such facilities would comply with specified seismic and safety

standards. The provision would also authorize the Secretary to

enter into a lease for the facility for a period not to exceed 10 years

in the event the fair market value of a facility provided as consideration for the conveyance exceeds the fair market value of the conveyed property. Rental payments under the lease would be established at the rate necessary for the lessor to recover, by the end

of the lease term, the difference between the fair market value of

the facility and the fair market value of the conveyed property. The

cost of any surveys necessary for the conveyance would be borne

by the recipient.

The Senate amendment contained an identical provision (sec.

2862).

The conference agreement includes this provision.

Land conveyance, Point Arena Air Force Station, California (sec.

2862)

The House bill contained a provision (sec. 2862) that would authorize the Secretary of the Air Force to convey, without consideration, a parcel of real property with improvements, consisting of

approximately 82 acres at the Point Arena Air Force Station, California, to Mendocino County, California. The property is to be used

for municipal and other public purposes. The cost of any surveys

necessary for the conveyance would be borne by the County.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would modify the

condition of conveyance to authorize Mendocino County to reconvey

the property without consideration only for public benefit purposes.

Land conveyance, Lowry Air Force Base, Colorado (sec. 2863)

The House bill contained a provision (sec. 2864) that would authorize the Secretary of the Air Force to convey, without considerVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00955 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.313 pfrm03 PsN: HR945
926

ation, or lease, under such terms as he considers appropriate, to

the Lowry Redevelopment Authority approximately 23 acres at the

former Lowry Air Force Base, Colorado. The purpose of the conveyance would be for economic development and other public purposes.

The Senate amendment contained no similar provision.

The Senate recedes.

Land conveyance, Wright Patterson Air Force Base, Ohio (sec. 2864)

The House bill contained a provision (sec. 2861) that would authorize the Secretary of the Air Force to convey, without consideration, a parcel of real property with improvements, consisting of

approximately 92 acres at Wright Patterson Air Force Base, Ohio,

to Greene County, Ohio. The property is to be used for recreational

purposes. The cost of any surveys necessary for the conveyance

would be borne by the County.

The Senate amendment contained no similar provision.

The Senate recedes.

Modification of land conveyance, Ellsworth Air Force Base, South

Dakota (sec. 2865)

The Senate amendment contained a provision (sec. 2861) that

would amend section 2863 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85) to

modify the recipient of the property from the Greater Box Elder

Economic Development Corporation to the West River Foundation

for Economic and Community Development, Sturgis, South Dakota.

The House bill contained no similar provision.

The House recedes.

Land conveyance, Mukilteo Tank Farm, Everett, Washington (sec.

2866)

The Senate amendment contained a provision (sec. 2863) that

would authorize the Secretary of the Air Force to convey, without

consideration, a parcel of real property with improvements consisting of approximately 22 acres, known as the Mukilteo Tank

Farm, to the Port of Everett, Washington. The parcel is to be used

for the development and operation of a port facility. The provision

would authorize the Secretary to convey personal property, excess

to the needs of the Air Force, in the event the Secretary of Transportation determines it is appropriate for the development or operation of the tank farm as a port facility. The provision would also

authorize the Secretary to provide an interim lease to the Port for

the facility until transferred by deed.

The House bill contained no similar provision.

The House recedes.

Part IV—Other Conveyances

Land conveyance, Army and Air Force Exchange Service property,

Farmers Branch, Texas (sec. 2871)

The House bill contained a provision (sec. 2871) that would authorize the Secretary of Defense to permit the Army and Air Force

Exchange Service to sell a parcel of real property with improvements in Farmers Branch, Texas, for an amount equal to the fair

927

market value of the parcel. The provision would also require the

payment by the purchaser to be handled in the manner provided

by section 485 of title 40, United States Code. The cost of any surveys necessary for the sale would be borne by the purchaser.

The Senate amendment contained a similar provision (sec.

2871).

The Senate recedes with a technical amendment.

Land conveyance, former National Ground Intelligence Center,

Charlottesville, Virginia (sec. 2872)

The Senate amendment contained a provision (sec. 2881) that

would authorize the Administrator of the General Services to convey, without consideration, a parcel of real property formerly occupied by the National Ground Intelligence Center, known as the Jefferson Street property, to the City of Charlottesville, Virginia. The

conveyance would be for economic purposes. The provision would

include a five-year reversionary clause and waive certain property

management laws.

The House bill contained no similar provision.

The House recedes with an amendment that would specify the

conditions that would apply to the reconveyance of the property by

the City.

Subtitle E—Other Matters

Relation of easement authority to leased parkland, Marine Corps

Base, Camp Pendleton, California (sec. 2881)

The House bill contained a provision (sec. 2881) that would

amend section 2851 of the Military Construction Authorization Act

for Fiscal Year 1999 (division B of Public Law 105–261) to exempt

certain lands located within Marine Corps Base, Camp Pendleton,

California, and leased by the State of California for use as a restricted access highway from the requirements of section 303 of

title 49 and section 138 of title 23, United States Code. This section

would also require the Foothill/Eastern Transportation Agency to

be responsible for the implementation of any mitigation measures

required by the Secretary of Transportation.

The Senate amendment contained no similar provision.

The Senate recedes.

Extension of demonstration project for purchase of fire, security, police, public works, and utility services from local government

agencies (sec. 2882)

The House bill contained a provision (sec. 2882) that would

amend section 816 of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337), as amended, to extend the

period under which a demonstration project is authorized for the

purchase of fire, security, police, public works, and utility services

from local government at specified locations in Monterey, California.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would extend the

period under which the demonstration project is authorized for one

year.

928

The conferees note the multiple extensions of this authority.

However, the conferees are aware that both the Secretary of the

Army and the Secretary of the Navy are in the process of implementing a pilot program. The conferees expect both services to

demonstrate success prior to any further extension of these authorities.

Acceptance and use of gifts for construction of third building at

United States Air Force Museum, Wright-Patterson Air Force

Base, Ohio (sec. 2883)

The Senate amendment contained a provision (sec. 2892) that

would authorize the Secretary of the Air Force to accept funds provided by the Air Forces Museum Foundation to support the construction of a third building for the United States Air Force Museum at Wright-Patterson Air Force Base, Ohio. The provision

would direct that any funds not needed to meet current requirements would be invested in public debt securities as determined by

the Comptroller of the Air Force Material Command. The proceeds

of investments would be used for construction. Upon completion of

the project the escrow would be closed and any funds remaining in

the account could be used by the Secretary of the Air Force as he

or she considers appropriate.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Development of Marine Corps Heritage Center at Marine Corps

Base, Quantico, Virginia (sec. 2884)

The Senate amendment contained a provision (sec. 2893) that

would authorize the Secretary of the Navy to enter into a joint venture with the Marine Corps Heritage Foundation for the design

and construction of the Marine Corps Heritage Center. The provision would also authorize the Secretary to accept, without compensation, a parcel of real property, known as Locust Shade Park,

from the County of Prince William, Virginia. The provision would

also exempt the County from the requirement to provide replacement property, as required under section 6 of the Land and Water

Conservation Fund Act of 1965. Upon completion of construction

and the satisfaction of any financial obligations incurred by the

Marine Corps Heritage Foundation, the Center would become the

property of the Department of the Navy. The provision would further authorize the Secretary to lease the Center to the Heritage

Foundation for revenue generating purposes. As compensation, the

Foundation would pay the Secretary an amount equal to the cost

of operating the facility.

The House bill contained no similar provision.

The House recedes.

Activities relating to the greenbelt at Fallon Naval Air Station, Nevada (sec. 2885)

The Senate amendment contained a provision (sec. 2894) that

would require the Secretary of the Navy, in consultation with the

Secretary of the Army acting through the Chief of Engineers, to

carry out appropriate activities after examination of the potential

929

environmental and flight safety ramifications of eliminating irrigation in the greenbelt at Fallon Naval Air Station, Nevada.

The House bill contained no similar provision.

The House recedes.

The conferees direct the Secretary of Navy to carry out all appropriate activities consistent with current legal requirements.

Establishment of World War II Memorial on Guam (sec. 2886)

The House bill contained a provision (sec. 2883) that would authorize the Secretary of Defense, in consultation with the American

Battle Monuments Commission, to establish a suitable memorial

on federal property near the Fena Caves in Guam to honor those

civilians killed during the occupation of Guam during World War

II and to commemorate the liberation of Guam by the Armed

Forces of the United States in 1944.

The Senate amendment contained no similar provision.

The Senate recedes.

The conferees expect the Secretary to establish a memorial

that requires minimal maintenance.

Naming of Army Missile Testing Range at Kwajalein Atoll as the

Ronald Reagan Ballistic Missile Defense Test Site at Kwajalein

Atoll (sec. 2887)

The House bill contained a provision (sec. 2884) that would

designate the missile testing range at Kwajalein Atoll as the Ronald Reagan Ballistic Defense Test Site at Kwajalein Atoll.

The Senate amendment contained an identical provision (sec.

2891).

The conference agreement includes this provision.

Designation of Building at Fort Belvoir, Virginia, in honor of Andrew T. McNamara (sec. 2888)

The House bill contained a provision (sec. 2885) that would

designate a building at Fort Belvoir, Virginia, as the Andrew T.

McNamara Building.

The Senate amendment contained no similar provision.

The Senate recedes.

Designation of Balboa Naval Hospital, San Diego, California, in

honor of Bob Wilson, a former member of the House of Representatives (sec. 2889)

The House bill contained a provision (sec. 2886) that would redesignate the Balboa Naval Hospital, San Diego, California, as the

Bob Wilson Naval Hospital.

The Senate amendment contained no similar provision.

The Senate recedes.

Sense of Congress regarding importance of expansion of National

Training Center, Fort Irwin, California (sec. 2890)

The House bill contained a provision (sec. 2887) that would express a sense of Congress that the prompt expansion of the National Training Center is vital to the national security interests of

the United States.

The Senate amendment contained no similar provision.

930

The Senate recedes.

Sense of Congress regarding land transfers at Melrose Range, New

Mexico, and Yakima Training Center, Washington (sec. 2891)

The Senate amendment contained a provision (sec. 2895) that

would express a sense of Congress that the land transfers at Melrose Range, New Mexico, and Yakima Training Center, Washington, will support military training, safety, and land management concerns on the lands subject to transfer.

The House bill contained no similar provision.

The House recedes.

LEGISLATIVE PROVISIONS NOT ADOPTED

Applicability of competition policy to alternative authority for acquisition and improvement of military family housing

The Senate amendment contained a provision (sec. 2805) that

would amend subchapter IV of chapter 169 of title 10, United

States Code, to require that the secretary concerned use competitive procedures when exercising the alternative authorities for the

acquisition and improvement of military housing. The secretary

concerned could waive competitive procedures if he determines

competition would be inconsistent with the public interest and notifies the Congress in writing of such determination not less than 30

days before entering the agreement.

The House bill contained no similar provision.

The Senate recedes.

The conferees note the innovative approaches undertaken by

the service secretaries in execution of the alternative authorities

for the acquisition and improvement of military housing. The conferees remain strongly supportive of these authorities and believe

competition in the private marketplace has resulted in a number

of successful procurements after an early period of difficulty in program implementation. While supportive of a variety of innovative

options to construct and acquire military housing under these authorities, the conferees were concerned that a methodology considered by the Secretary of the Air Force in the determination of the

awardee of the housing privatization project at Patrick Air Force

Base, Florida, appeared to be noncompetitive and to delegate the

selection process to the private sector. The conferees are aware that

the Secretary has subsequently directed a change in the solicitation

process. The conferees reiterate that the use of competitive procedures should apply when exercising the alternative authorities for

the acquisition and improvement of military housing, regardless of

the process that may be used.

Land conveyance, Colonel Harold E. Steele Army Reserve Center

and Maintenance Shop, Pittsburgh, Pennsylvania

The Senate amendment contained a provision (sec. 2833) that

would authorize the Secretary of the Army to convey, at fair market value, a parcel of real property, with improvements, located at

6482 Aurelia Street in Pittsburgh, Pennsylvania, and containing

the Colonel Harold E. Steele Army Reserve Center and Maintenance Shop to the Ellis School, Pittsburgh, Pennsylvania. The cost

931

of any survey necessary for the conveyance would be borne by the

Ellis School.

The House bill contained no similar provision.

The Senate recedes.

The conferees note that the Secretary of the Army and the

Ellis School are in the process of negotiating a land exchange

under the authority provided by section 18233 of title 10, United

States Code. The conferees urge the Secretary to complete the exchange as soon as practical and on an equitable basis.

Land conveyance, Lieutenant General Malcolm Hay Army Reserve

Center, Pittsburgh, Pennsylvania

The Senate amendment contained a provision (sec. 2832) that

would authorize the Secretary of the Army to convey, at fair market value, a parcel of real property, with improvements, located at

950 Saw Mill Run Boulevard in Pittsburgh, Pennsylvania, and containing the Lieutenant General Malcolm Hay Army Reserve Center

to the City of Pittsburgh, Pennsylvania. The cost of any surveys

necessary for the conveyance would be borne by the City.

The House bill contained no similar provision.

The Senate recedes.

The conferees note that the Secretary of the Army and the City

of Pittsburgh are in the process of negotiating a land exchange

under the authority provided by section 18233 of title 10, United

States Code. The conferees urge the Secretary to complete the exchange as soon as practical and on an equitable basis.

Lease of property, Marine Corps Air Station, Miramar, California

The House bill contained a provision (sec. 2854) that would authorize the Secretary of the Navy to lease, without consideration,

a parcel of real property with improvements, consisting of approximately 44 acres and known as the Hickman Field, to the City of

San Diego, California, for a period not to exceed five years. The

lease would be subject to the condition that the City maintain the

property at no cost to the United States, make the property available to the existing tenant at no cost, and use the property solely

for recreational purposes. The cost of any survey necessary for the

lease would be borne by the City.

The Senate amendment contained no similar provision.

The House recedes.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY

PROGRAMS

Overview

Title XXXI authorizes appropriations for the atomic energy defense activities of the Department of Energy for fiscal year 2001,

including: the purchase, construction, and acquisition of plant and

capital equipment; research and development; nuclear weapons;

naval nuclear propulsion; environmental restoration and waste

management; operating expenses; and other expenses necessary to

932

carry out the purposes of the Department of Energy Organization

Act (Public Law 95–91). The title would authorize appropriations

in six categories: national nuclear security administration; defense

environmental restoration and waste management; defense environmental management privatization; other defense activities; and

defense nuclear waste disposal.

The budget request included for the atomic energy defense ac- tivities totaled $13.2 billion, an 8.3 percent increase over the adjusted fiscal year 2000 level. Of the total amount requested: $4.6

billion would be for weapons activities; $1.6 billion would be for

other nuclear security activities; $4.6 billion would be for defense

environmental restoration and waste management activities; $1.1

billion would be for defense facility closure projects; $540.1 million

would be for defense environmental management privatization;

$555.1 million would be for other defense activities; $112.0 million

would be for defense nuclear waste disposal; $17.0 million would be

for a Department of Energy Employees Compensation Initiative;

and $140.0 million would be for the formerly utilized sites remedial

action program. The conferees agree to authorize $13.1 billion for atomic energy defense activities, a decrease of $118.7 million to the budget request. The conferees agree to authorize $6.4 billion for the national

nuclear security administration (NNSA), an increase of $244.7 million of the amount authorized for the NNSA: $4.8 billion would be

for weapons activities, an increase of $246.3 million; $877.5 million

would be for defense nuclear nonproliferation, a decrease of $28.6

million; and $694.6 million would be for naval reactors, an increase

of $17.0 million. The conferees agree to authorize $6.0 billion for

defense environmental restoration and waste management activities, an increase of $1.4 billion. Of the amount authorized for environmental management activities: $1.1 billion would be for closure

projects, the amount of the request; $941.7 million would be for site

and project completion, a decrease of $29.2 million; $3.4 billion

would be for post fiscal year 2006 completion, an increase of $324.0

million; $246.5 million would be for technology development, an increase of $50.0 million; and $355.0 million would be for program

direction, a decrease of $4.9 million. The conferees agree to authorize $91.0 million for defense environmental management privatization projects, a decrease of $450.0 million. The conferees agree to

authorize $523.8 million for other defense activities, a decrease of

$31.3 million. Of the amount authorized for other defense activities: $38.1 million would be for the Office of Intelligence, the

amount of the request; $45.2 million would be for the Office of

Counterintelligence, the amount of the budget request; $284.1 million would be for the Office of Security and Emergency Operations,

a decrease of $56.3 million; $14.9 million would be for independent

oversight and performance assurance, the amount of the request;

$134.1 million would be for environment, safety and health-defense, an increase of $25.0 million; $24.5 million would be for the

Office of Worker and Community Transition, the amount of the

budget request; and $3.0 million would be for the Office of Hearings and Appeals, the amount of the budget request. The conferees

agree to authorize $112.0 million for defense nuclear waste disposal, the amount of the budget request. The conferees agree to auVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00962 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.317 pfrm03 PsN: HR945
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thorize no funding for the formerly utilized sites remedial action

program, a decrease of $140.0 million, and agree to authorize no

funding for the Department of Energy Employees Compensation

Initiative, a decrease of $17.0 million.

The following table summarizes the budget request and the

conferees recommendations:

934

935

936

937

938

939

940

941

942

943

944

945

946

ITEMS OF SPECIAL INTEREST

Report on authorities and limitations in general recurring provisions

The conferees direct the Secretary of Energy, in consultation

with the Administrator for Nuclear Security and the Assistant Secretary for Environmental Management, to submit to the Committees on Armed Services of the Senate and House of Representatives, not later than January 15, 2001, a report on the effect, advantages, and disadvantages of the authorities granted and limitations imposed in sections 3121 through 3129 of this Act.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—National Security Programs Authorizations

National Nuclear Security Administration (sec. 3101)

The budget request included $6.2 billion for activities of the

Department of Energy (DOE) National Nuclear Security Administration (NNSA).

The House bill contained a provision (sec. 3101) that would authorize $6.3 billion for activities of the NNSA, an increase of $91.8

million.

The Senate amendment contained a similar provision (sec.

3101) that would authorize $6.3 billion for activities of the NNSA,

an increase of $124.7 million.

The conferees agree to authorize $6.4 billion for activities of

the NNSA, an increase of $244.7 million.

Weapons activities

The budget request included $4.6 billion for weapons activities,

including: $836.6 million for directed stockpile work; $1.0 billion for

campaigns; $2.0 billion for readiness in technical base and facilities; $115.7 million for secure transportation asset; $414.2 million

for construction; and $224.1 million for program direction.

The House bill would authorize $4.7 billion for weapons activities, an increase of $83.8 million. The amount authorized is for the

following activities: $856.6 million for directed stockpile work; $2.1

billion for campaigns; $1.4 billion for readiness in technical base

and facilities; $115.7 million for secure transportation asset; $159.8

million for construction; and $216.9 million for program direction.

The Senate amendment would authorize $4.7 billion for weapons activities, an increase of $153.8 million. The amount authorized

is for the following activities: $842.6 million for directed stockpile

work; $1.5 billion for campaigns; $1.5 billion for readiness in technical base and facilities; $115.7 million for secure transportation

asset; $588.2 million for construction; and $221.6 million for program direction.

The conferees agree to authorize $4.8 billion for weapons activities, an increase of $246.3 million. The amount authorized is for

the following activities: $862.6 million for directed stockpile work,

an increase of $26.0 million; $2.1 billion for campaigns, an increase

of $749.8 million; $1.6 billion for readiness in technical base and

facilities, a decrease of $524.5 million; $115.7 million for secure

947

transportation asset, the amount of the budget request; and $219.1

million for program direction, a decrease of $5.0 million.

Directed stockpile work

In the directed stockpile work account, the conferees agree to authorize: an increase of $6.0 million for a cooperative research effort with the Department of Defense regarding defeating hard and

deeply buried targets; an increase of $5.0 million for life extension

and repairs for the B–61 warhead and other directed stockpile

work at the Kansas City Plant; an increase of $4.0 million for life

extension and repairs for the B–61 and W–76 warheads and other

directed stockpile work at the Y–12 Plant; an increase of $5.0 million for radiographic inspection of nuclear weapons components and

assemblies, vacuum chamber inspection activities, testing in the accelerated aging unit, and other stockpile evaluation activities at the

Pantex plant; and an increase of $6.0 million for quality evaluation

and certification activities and joint test assemblies at the Y–12

plant.

Campaigns

In the campaigns account, the conferees agree to authorize: an increase of $15.0 million for the pit manufacturing readiness campaign to begin conceptual design activities for a pit production facility adequate to meet future national security needs; an increase

of $477.1 million for the defense computing and modeling campaign

to reflect the consolidation of all defense computing and modeling

activities into a single program line item; an increase of $144.7 million to reflect the consolidation of all inertial confinement fusion activities into a single program line item; an increase of $10.0 million

for joint Department of Defense-NNSA high energy laser research;

an increase of $135.0 million for the National Ignition Facility construction, which includes a transfer of $40.0 million from the inertial confinement fusion ignition and high yield campaign operations

and maintenance account; an increase of $3.0 million to complete

the American Textiles Partnership (AMTEX) project; an increase of

$25.0 million for continued preliminary design and engineering development activities in the accelerator production of tritium project

(98–D–126); a decrease of $20.0 million to the defense computing

and modeling campaign to reflect delays in acquisition of the 100-

trillion-operations-per-second computer platform and to slow the

rate of growth in the Visual Interactive Environment Weapon Simulation (VIEWS) and university partnership programs; and the

budget request of $32.1 million for the University of Rochester’s

Laboratory for Laser Energetics.

Readiness in technical base and facilities

In the readiness in technical base and facilities account, the

conferees agree to authorize: an increase of $56.3 million to reflect

the movement of the nuclear emergency search team and accident

response group from the other defense activities emergency management account to the weapons activities account; an increase of

$20.0 million for the Kansas City Plant to continue advanced manufacturing, modernization, infrastructure enhancement, and skills

retention efforts; an increase of $13.0 million for the Pantex Plant

948

for infrastructure improvements; an increase of $8.0 million for the

Y–12 Plant for infrastructure improvements; a decrease of $144.7

million to reflect the transfer of inertial confinement fusion activities to the inertial confinement fusion ignition and high yield campaign account; and a decrease of $477.1 million to reflect the transfer of computing and modeling activities to the defense computing

and modeling campaign account.

Of the funds available for directed stockpile work, the con- ferees agree to authorize $5.0 million for a cooperative program

with the Defense Threat Reduction Agency to re-establish a vigorous nuclear weapon effects test capability. The program shall emphasize the need to invest in all elements of nuclear weapon effects

technologies, including basic phenomenology, analysis and modeling, radiation effects simulation, and hardening technologies.

The conferees recommend that the fiscal year 2002 budget request include a separate program element for the operation of each

NNSA facility, rather than one consolidated facility operations program element.

Construction

In the construction account, the conferees agree to authorize no

funding. The conferees transferred all construction projects to the

campaigns and readiness in technical base and facilities accounts.

The conferees direct the Administrator to submit an NNSA budget

request in fiscal year 2002 that reflects the alignment of construction projects with associated program elements.

Program direction

In the program direction account, the conferees agree to au- thorize a decrease of $5.0 million.

The conferees direct that the proposed decrease be achieved

through the reorganization and realignment of headquarters and

field office roles and responsibilities. The conferees believe that the

performance of the Office of Defense Programs will be improved by

eliminating duplicative efforts and by streamlining management

control of DOE weapons activities.

The conferees continue to believe that the Office of Defense

Programs is overstaffed. The conferees note that several independent assessments of the organizational structure of the Office

of Defense Programs, dating back as far as calendar year 1997,

have also concluded that the Office of Defense Programs would

benefit from a realignment of headquarters and field organization

personnel. The conferees expect the Department to utilize the authority to make the voluntary separation incentive payments authorized in the National Defense Authorization Act for Fiscal Year

2000 (Public Law 106–65) to fully implement the realignment recommendations described in the calendar year 1997 report by the

Institute for Defense Analysis. The conferees encourage the Administrator to make effective use of this authority to establish up to

300 excepted service positions in the Administration provided in

section 3241 of the National Defense Authorization Act for Fiscal

Year 2000 (P.L. 106–65). The conferees believe that this authority

will be a valuable tool to provide NNSA with personnel competent

to manage technically complex projects.

949

Budget structure for Office of the Deputy Administrator for

Defense Programs

The conferees commend the Office of Defense Programs for establishing a more detailed and transparent budget structure. The

conferees continue to believe that this new budget structure will

greatly enhance the effectiveness of these programs and instill a

higher degree of budgetary discipline in the Office of Defense Programs. The conferees further believe that the new budget structure

will also assist Congress in assessing the degree of integration

among varied experiments, simulation, research, and weapons assessments activities carried out at DOE weapons laboratories and

production plants. The conferees direct that future budget requests

for weapons activities clearly identify the funding required for each

campaign and each program under the directed stockpile work and

the readiness in technical base and facilities accounts.

National Ignition Facility

The conferees remain disappointed at the management, schedule, and budget difficulties experienced by the NIF program, but

are convinced of the significance of the project in sustaining the

U.S. nuclear stockpile. The conferees believe that recent improvements in program management justify the increase for NIF construction.

Nuclear Emergency Search Team

The conferees note that the National Defense Authorization

Act for Fiscal Year 1996 (Public Law 104–106) requires that the

Nuclear Emergency Search Team (NEST) remain a program function within the Office of Military Applications under the Office of

Defense Programs. The conferees have transferred NEST funding

from the Department of Energy Other Defense Activities account to

the NNSA to reflect this requirement.

Accelerated Strategic Computing Initiative

The conferees note that the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) expressed concern

about the rate of growth in the Advanced Strategic Computing Initiative (ASCI) and Strategic Computing accounts. The conferees believe that the rate of growth for the NNSA defense computing and

modeling campaign remains very high and that such funding increases have not been adequately justified. The conferees encourage the Administrator for Nuclear Security to properly align resources for ASCI and other computing and modeling activities with

other experimental tools required to sustain the U.S. nuclear stockpile.

Plutonium pit production

The conferees are aware that the November 8, 1999, report of

the Panel to Assess the Reliability, Safety, and Security of the U.S.

Nuclear Stockpile stated that its ‘‘paramount concern’’ with the

DOE stockpile stewardship program ‘‘. . . is the need to begin

work now on an adequate plutonium pit production manufacturing

capability.’’ The conferees endorse this finding and direct the Secretary of Energy to begin conceptual design activities for a pit proVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00979 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.319 pfrm03 PsN: HR945
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duction facility with a capacity adequate to meet future national

security needs immediately.

Accelerator Production of Tritium

The conferees are concerned about proposals to fund continued

APT design activities in the Office of Nuclear Energy, Science and

Technology. In order to maintain clear lines of authority, the conferees believe that programs with direct relevance to the core missions of NNSA should be managed and funded by NNSA.

Defense Nuclear Nonproliferation

The budget request included $906.0 million for defense nuclear nonproliferation and fissile materials disposition, including: $233.0

million for nonproliferation verification research and development;

$408.1 million for arms control; $213.5 million for fissile materials

disposition; and $51.5 million for program direction. The House bill would authorize $914.0 million for defense nuclear nonproliferation, an increase of $8.0 million. The amount authorized is for the following activities: $233.0 million for nonproliferation verification research and development; $408.1 million

for arms control; $221.5 million for fissile materials disposition;

and $51.5 million for program direction. The Senate amendment would authorize $859.5 million for defense nuclear nonproliferation, a decrease of $46.5 million. The

amount authorized is for the following activities: $263.0 million for

nonproliferation verification research and development; $320.6 million for arms control; $224.5 million for fissile materials disposition; and $51.5 million for program direction. The conferees agree to authorize $877.5 million for defense nu- clear nonproliferation, a decrease of $28.6 million. The amount authorized is for the following activities: $253.0 million for nonproliferation verification research and development, an increase of

$20.0 million; $320.6 million for arms control, a decrease of $87.5

million; $252.4 million for fissile materials disposition, an increase

of $29.0 million; and $51.5 million for program direction, the

amount of the budget request.

The conferees note that the Department of Energy Defense Nuclear Nonproliferation Program was formerly known as the nonproliferation and national security account during fiscal year 2000.

Because DOE did not request these funds under separate budget

accounts, as required by section 3251 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65), the conferees have renamed and consolidated these activities into a single

account. The conferees further note that the request included separate program direction accounts for the Office of Nonproliferation

and Office of Fissile Materials Disposition. The conferees established a single defense nuclear nonproliferation account.

Nonproliferation verification research and development

In the nonproliferation verification research and development

account the conferees agree to authorize an increase of $20.0 million for detecting and deterring weapons of mass destruction proliferation, monitoring nuclear explosions, detecting and responding

to chemical and biological weapons attacks, and conducting evaluaVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00980 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.320 pfrm03 PsN: HR945
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tions of the technical capabilities of other geographic areas that

pose a threat to U.S. National Security because of the potential for

development and delivery of weapons of mass destruction.

Arms control

In the arms control account the conferees agree to authorize an increase of $12.5 million for the Nuclear Cities Initiative. The conferees would authorize no funding for the long-term nonproliferation program for Russia.

Fissile materials control and disposition

In the fissile materials control and disposition account, the con- ferees agree to authorize an increase of $11.0 million to accelerate

design activities for the mixed oxide fuel fabrication facility.

Naval Reactors

The budget request included $677.6 million for naval reactors.

The House bill would authorize $677.6 million for naval reactors, the amount of the request. The Senate amendment would authorize $695.0 million for

naval reactors, an increase of $17.4 million.

The conferees agree to authorize $694.6 million for naval reac- tors, an increase of $17.0 million for expedited decommissioning

and decontamination activities at surplus facilities.

Office of the Administrator

The conferees agree to authorize $10.0 million for the Office of the Administrator, an increase of $10.0 million. The conferees note

that the budget request did not include funding for the Office of the

Administrator. The conferees direct that future budget requests include a separate budget line for the administrative activities of the

Office of the Administrator.

Safeguards and security activities

The conferees note that DOE has proposed a budget amendment that would consolidate all safeguards and security funds into

a single program to be managed by the Office of Security and

Emergency Operations. The conferees do not support this proposal.

The conferees direct that all funds authorized for safeguards and

security activities pursuant to this section be managed exclusively

by NNSA employees or NNSA contractor employees. Consistent

with the National Nuclear Security Administration Act (Title 32 of

Public Law 106–65; 113 Stat. 957; 50 U.S.C. 2402) the Administrator for Nuclear Security is not authorized to transfer or delegate

responsibility for any safeguards and security activities of the

NNSA to any employee or office outside the NNSA.

Defense environmental restoration and waste management (sec.

3102)

The budget request included $4.6 billion for environmental

management activities of the Department of Energy (DOE).

The House bill contained a provision (sec. 3102) that would authorize $4.6 billion for environmental management activities, an increase of $40.0 million. The amount authorized would be for the

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following activities: $1.0 billion for site and project completion, an

increase of $40.0 million; $3.1 billion for post 2006 completion, the

amount of the budget request; $196.5 million for science and technology development, the amount of the budget request; and $359.9

million for program direction, the amount of the budget request.

The Senate amendment contained a similar provision (sec. 3102) that would authorize $5.6 billion for environmental management activities, including closure activities, a decrease of $56.9 million. The amount authorized would be for the following activities:

$1.1 billion for closure projects, the amount of the budget request;

$930.9 million for site and project completion, a decrease of $40.0

million; $3.2 billion for post 2006 completion, an increase of $70.0

million; $246.5 million for technology development, an increase of

$50.0 million; and $354.9 million for program direction, a decrease

of $5.0 million. The Senate provision would also authorize a decrease of $132.0 million to account for available uncosted, unobligated prior year funds and funds to be deobligated from completed,

prior year construction projects. The conferees agree to authorize $6.0 billion for environmental management activities, an increase of $1.4 billion. The amount authorized is for the following activities: $1.1 billion for closure

projects, the amount of the budget request; $941.7 million for site

and project completion, a decrease of $29.2 million; $3.4 billion for

post 2006 completion, an increase of $324.0 million; $246.5 million

for technology development, an increase of $50.0 million; and

$355.0 million for program direction, a decrease of $4.9 million.

Post 2006 completion

For post 2006 completion activities, the conferees agree to au- thorize: an increase of $332.0 million to establish a new construction line item for the Tank Waste Remediation System Project; an

increase of $10.0 million for the Columbia River Corridor Initiative

at the Hanford Site to continue reactor decontamination and decommissioning activities; and a decrease of $18.0 million to reflect

the movement of the Environmental Systems Research and Analysis Program into the Science and Technology Development Account. The conferees recommend full funding for the F-canyon and

H-canyon materials processing facilities.

The conferees agreed to establish a separate sub-account within the post 2006 completion account for the activities of Office of

River Protection. The conferees have consolidated all post 2006

completion construction projects that support operation of the Hanford site tank farm into this sub-account, including a new construction line item for the Tank Waste Remediation System Project.

Site and project completion

For site and project completion activities, the conferees agree

to authorize: an increase of $11.0 million to accelerate compliance

with 94–1 requirements at the Savannah River Site, including preoperational activities to support planned stabilization campaigns,

acceleration of the Americium/Curium stabilization project, and

continued operation of the HB-Line Phase I to process plutonium

residues; a decrease of $27.9 million to reflect the transfer of the

highly enriched (HEU) uranium blend-down project (01–D–407) to

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the National Nuclear Security Administration Office of Fissile Materials Disposition; a decrease of $10.0 million in operation and

maintenance funds to reflect transfer of the HEU blend-down

project; and a decrease of $2.3 million to reflect the movement of

the Environmental Systems Research and Analysis Program into

the Science and Technology Development account.

Science and technology development

For science and technology development activities, the con- ferees agree to authorize: an increase of $50.0 million for applied

research and development activities. The amount authorized reflects the consolidation of the Environmental Systems Research

and Analysis Program into the Science and Technology Development Account.

The conferees note that the cleanup and waste management efforts of the Department will continue well into the 21st Century

with costs anticipated to exceed $150.0 billion and much of the

cleanup work scheduled to continue beyond fiscal year 2030. DOE

must make meaningful investments in innovative science and technology in order to reduce costs, reduce safety and health risks, and

develop solutions to problems for which there are currently no

available or effective technologies.

Columbia River Corridor Initiative

The conferees support the Columbia River Corridor Initiative

to accelerate cleanup along the Hanford Reach of the Columbia

River. The National Defense Authorization Act for Fiscal Year 2000

(Public Law 106–65) directed the Assistant Secretary of Energy for

Environmental Management to establish a schedule by which the

100 square miles of the Hanford site that adjoin the Columbia

River could be cleaned up on an accelerated schedule and proposed

for removal from the National Priorities List. The conferees note

that this schedule has not been submitted to Congress. The conferees expect that this report will be provided not later than November 1, 2000.

Report on pilot program to use prior year unobligated balances to accelerate cleanup of the Rocky Flats Environmental Technology Site

The conferees encourage the Secretary of Energy to use the authority provided by section 3176 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) to accelerate closure of the Rocky Flats Environmental Technology Site.

Safeguards and Security Activities

The conferees direct that all funds authorized for safeguards

and security activities pursuant to this section be managed exclusively by Office of Environmental Management (EM) employees or

EM contractor employees, and that such activities not be transferred or delegated to any office outside EM.

Other defense activities (sec. 3103)

The budget request included $555.1 million for other defense

activities.

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The House bill contained a provision (sec. 3103) that would au- thorize $557.1 million for other defense activities, an increase of

$2.0 million.

The Senate amendment contained a similar provision (sec. 3103) that would authorize $466.3 million for other defense activities, a decrease of $88.8 million.

The conferees agree to authorize $523.8 million for other de- fense activities, a decrease of $31.3 million. The amount authorized

would be for the following activities: $38.1 million for the Office of

Intelligence, the amount of the budget request; $45.2 million for

the Office of Counterintelligence, the amount of the budget request;

$284.1 million for the Office of Security and Emergency Operations,

a decrease of $56.3 million; $14.9 million for independent oversight

and performance assurance, the amount of the budget request;

$134.1 million for environment, safety and health-defense, an increase of $25.0 million; $24.5 million for the Office of Worker and

Community Transition, the amount of the budget request; and $3.0

million for the Office of Hearings and Appeals, the amount of the

budget request.

Office of Security and Emergency Operations

The conferees agree to authorize a decrease of $56.3 million to

the Office of Security and Emergency Operations emergency management program to reflect movement of the nuclear emergency

search team to the weapons activities account authorized in section

3101(a)(1) of this Act.

Environment, safety and health defense

The conferees agree to authorize an increase of $25.0 million

for environment, safety and health-defense to carry out the administrative activities associated with the establishment of an occupational illness compensation program for Department of Energy

(DOE) and DOE contractor employees at the Department’s defense

nuclear facilities.

The conferees note that DOE requested authorization to begin

making compensation payments in fiscal year 2001 with Atomic

Energy Defense funding. The conferees further note that the Secretary of Energy has not submitted a comprehensive legislative

proposal to Congress to establish such an employee compensation

program. The conferees agree not to authorize any such payments

from Atomic Energy Defense funding.

Office of worker and community transition

Of the funds available for worker and community transition activities, the conferees agree to authorize $5.0 million to support

cleanup and infrastructure development at the Allied General Nuclear Site immediately adjacent to the DOE Savannah River Site.

The conferees endorse DOE’s decision to remove the requirement that management and operating contracts at DOE sites include provisions for conducting economic development activities in

the communities surrounding such sites. The conferees encourage

DOE contractors to continue to be good corporate citizens by supporting community-based initiatives. The conferees believe, however, that economic development activities of DOE contractors

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should not be used as a measure of performance or as a selection

criteria for the award of contracts.

Defense environmental management privatization (sec. 3104)

The budget request included $540.1 million for defense environmental management privatization projects and the use of $25.1

million from prior year, uncosted balances.

The House bill contained a provision (sec. 3105) that would authorize $284.1 million for defense environmental management privatization projects, a decrease of $256.0 million. Of the amount authorized: $194.0 million would be for the Tank Waste Remediation

System Project, phase I (Richland); $65.0 million would be for the

Advanced Mixed Waste Treatment project (Idaho); and $25.1 million would be for spent nuclear fuel dry storage (Idaho). The provision would authorize a decrease of $25.1 million to reflect the use

of prior year, uncosted balances in the defense environmental management privatization account.

The Senate amendment contained a similar provision (sec.

3104) that would authorize $390.1 million for defense environmental management privatization projects and would authorize a

decrease of $150.0 million to the Tank Waste Remediation System

(TWRS) Project. The provision would also authorize a decrease of

$25.1 million to reflect the use of prior year, uncosted balances in

the defense environmental management privatization account.

The conferees agree to authorize $90.1 million for defense environmental management privatization projects, including $65.0 million for the Advanced Mixed Waste Treatment project (Idaho) and

$25.1 million for spent nuclear fuel dry storage (Idaho). The conferees agree to authorize a decrease of $90.1 million to reflect the

use of prior year, uncosted balances in the defense environmental

management privatization account.

The conferees are deeply concerned with the status of the

TWRS project. The conferees note that the cost estimate for the

construction portion of this project increased from $3.2 billion to

$6.4 billion, translating into a total estimated project cost increase

from $6.9 billion to over $15.2 billion under the privatization approach. The conferees further understand that these cost estimates

were based on a project design that is only 13 to 15 percent complete and, therefore, subject to additional change.

The conferees fully support the TWRS project and believe that

the technological approach proposed is viable and realistic. The

conferees also believe it is vitally important that this project proceed to full scale construction provided the Secretary of Energy has

established a high degree of confidence in the overall project cost

and other facility requirements. As a result, the conferees have

moved the TWRS project to the post 2006 completion account and

recommend no privatization funds for the project.

In order to make the funds for termination liability available

for other purposes, the conferees have included a separate provision in this Act that would prohibit the use of appropriated funds

to establish a reserve for contract termination costs for the TWRS

project.

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Defense nuclear waste disposal (sec. 3105)

The budget request included $112.0 million for the Department

of Energy (DOE) fiscal year 2001 defense contribution to the Defense Nuclear Waste Fund.

The House bill contained a provision (sec. 3106) that would au- thorize $112.0 million for the DOE fiscal year 2001 defense contribution to the Defense Nuclear Waste Fund.

The Senate amendment contained an identical provision (sec.

3106).

The conference agreement includes this provision.

Subtitle B—Recurring General Provisions

Reprogramming (sec. 3121)

The House bill contained a provision (sec. 3121) that would

prohibit the reprogramming of funds in excess of 110 percent of the

amount authorized for the program, or in excess of $1.0 million

above the amount authorized for the program, until the Secretary

of Energy submits a report to the congressional defense committees

and a period of 45 days has elapsed after the date on which the

report is received.

The Senate bill contained a similar provision (sec. 3121) that

would prohibit the reprogramming of funds in excess of 110 percent

of the amount authorized for the program, or in excess of $1.0 million above the amount authorized for the program, until the Secretary of Energy submits a report to the congressional defense committees and a period of 30 days has elapsed after the date on which

the report is received.

The House recedes.

Limits on general plant projects (sec. 3122)

The House bill contained a provision (sec. 3122) that would authorize the Secretary of Energy to carry out any construction

project authorized under general plant projects if the total estimated cost does not exceed $5.0 million. The provision would require the Secretary to submit a report to the congressional defense

committees detailing the reasons for the cost variation if the cost

of the project is revised to exceed $5.0 million.

The Senate amendment contained an identical provision (sec.

3122).

The conference agreement includes this provision.

Limits on construction projects (sec. 3123)

The House bill contained a provision (sec. 3123) that would

permit any construction project to be initiated and continued only

if the estimated cost for the project does not exceed 125 percent of

the higher of the amount authorized for the project or the most recent total estimated cost presented to the Congress as justification

for such project. The provision would prohibit the Secretary of Energy from exceeding such limits until 30 legislative days after the

Secretary submits to the congressional defense committees a detailed report setting forth the reasons for the increase. This provision would also specify that the 125 percent limitation would not

apply to projects estimated to cost under $5.0 million.

957

The Senate amendment contained an identical provision (sec.

3123).

The conference agreement includes this provision.

Fund transfer authority (sec. 3124)

The House bill contained a provision (sec. 3124) that would

permit funds authorized by this Act to be transferred to other

agencies of the government for performance of work for which the

funds were authorized and appropriated. The provision would permit the merger of such transferred funds with the authorized funds

of the agency to which they are transferred. The provision would

also limit, to not more than five percent of the account, the amount

of funds authorized by this Act that may be transferred between

authorization accounts within the Department of Energy.

The Senate amendment contained an identical provision (sec.

3124).

The conference agreement includes this provision.

Authority for conceptual and construction design (sec. 3125)

The House bill contained a provision (sec. 3125) that would

limit the authority of the Secretary of Energy to request construction funding until the Secretary has completed a conceptual design.

This limitation would apply to construction projects with a total estimated cost greater than $5.0 million. If the estimated cost to prepare the construction design exceeds $600,000, the provision would

require the Secretary to obtain a specific authorization to obligate

such funds. If the estimated cost to prepare the conceptual design

exceeds $3.0 million, the provision would require the Secretary to

request funds for the conceptual design before requesting funds for

construction. The provision would also provide an exception to

these requirements in the case of an emergency.

The Senate amendment contained an identical provision (sec.

3125).

The conference agreement includes this provision.

Authority for emergency planning, design, and construction activities (sec. 3126)

The House bill contained a provision (sec. 3126) that would

permit the Secretary of Energy to perform planning and design

with any funds available to the Department of Energy pursuant to

this title, including those funds authorized for advance planning

and construction design, whenever the Secretary determines that

the design must proceed expeditiously to protect the public health

and safety, to meet the needs of national defense, or to protect

property.

The Senate amendment contained an identical provision (sec.

3126).

The conference agreement includes this provision.

Funds available for all national security programs of the Department of Energy (sec. 3127)

The Senate amendment contained a provision (sec. 3127) that

would authorize amounts for management and support activities

and for general plant projects to be made available for use in conVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00987 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.324 pfrm03 PsN: HR945
958

nection with all national security programs of the Department of

Energy.

The House bill contained no similar provision.

The House recedes.

Availability of funds (sec. 3128)

The House bill contained a provision (sec. 3127) that would authorize funds for operation and maintenance or for plant projects

and capital equipment within the Department of Energy (DOE) national security programs until the later of the following dates: October 1, 2003; or the date of enactment of the Act that would authorize funds for such activities in fiscal year 2004. The provision

would also authorize funds for program direction within DOE national security programs until the later of the following dates: October 1, 2001; or the date of enactment of the Act that would authorize funds for program direction in fiscal year 2002.

The Senate amendment contained a similar provision (sec.

3128) that would authorize funds for DOE national security programs to remain available until expended, except for program direction funds which would remain available until the end of fiscal

year 2003.

The House recedes with an amendment that would authorize

funds for program direction until the end of fiscal year 2002.

The conferees note that section 3152 of the National Defense

Authorization Act for Fiscal Year 2000 (Public Law 106–301) required that the National Nuclear Security Administration submit

a budget request that would include funding authorization for a

limited number of years. Additional funding limitations for future

budget requests are addressed elsewhere in this conference agreement.

Transfers of defense environmental management funds (sec. 3129)

The House bill contained a provision (sec. 3128) that would

provide the manager of each field office of the Department of Energy with limited authority to transfer up to $5.0 million in fiscal

year 2001 defense environmental management funds from one program or project under the jurisdiction of the office to another such

program or project, including site project and completion and post

fiscal year 2006 completion funds, once in a fiscal year.

The Senate bill contained a similar provision (sec. 3129).

The Senate recedes.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Funding for termination costs of River Protection Project, Richland,

Washington (sec. 3131)

The House bill contained a provision (sec. 3131) that would

prohibit the Secretary of Energy from using appropriated funds to

establish a reserve for the payment of termination costs of contracts relating to the tank waste remediation system at Richland,

Washington, and would identify alternatives to pay for these costs

should the need arise.

The Senate bill contained no similar provision.

The Senate recedes with a technical amendment.

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Enhanced cooperation between National Nuclear Security Administration and Ballistic Missile Defense Organization (sec. 3132)

The House bill contained a provision (sec. 3132) that would establish the basis for expanded cooperation between the Ballistic

Missile Defense Organization and the National Nuclear Security

Administration.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Reprogramming of funds available for infrastructure upgrades or

maintenance in certain accounts of the National Nuclear Security Administration (sec. 3133)

The House bill contained a provision (sec. 3134) that would

prohibit the use of funds authorized to be appropriated for the National Nuclear Security Administration for infrastructure upgrades

or maintenance in the readiness of the technical base and facilities

or construction accounts to be used for any other purpose.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

Adjustment of composite theoretical performance levels for post-shipment verification reports on advanced supercomputers sales to

certain foreign nations (sec. 3134)

The House bill contained a provision (sec. 3136) that would

conform the reporting levels to those established under section

1211 of the National Defense Authorization Act for Fiscal Year

1998 (Public Law 105–85) as they apply to the Department of Energy report on sales by participants in the Accelerated Strategic

Computing Initiative.

The Senate amendment contained an identical provision.

The conference agreement includes this provision.

Modification of counterintelligence polygraph program (sec. 3135)

The Senate amendment contained a provision (sec. 3154) that

would amend section 3154 of the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) by authorizing the

Secretary of Energy to waive the requirement that certain Department of Energy (DOE) employees and DOE contractor employees

successfully pass a counterintelligence polygraph exam before such

employees can be granted access to high-risk programs. The provision would allow the Secretary to waive this requirement for any

individual for a period not to exceed 120 days, if the Secretary determines that: (1) such a waiver is in the national security interests of the United States; (2) the covered employee has been granted a security clearance; and (3) the covered employee signs a written acknowledgment that the employment is conditioned upon successfully passing a counterintelligence polygraph exam within 120

days of the date of signing such an acknowledgment. The provision

would also allow the Secretary to waive this requirement for any

individual who the Secretary determines: (1) has completed successfully a full-scope counterintelligence polygraph exam while employed with another federal agency; or (2) should not be examined

because of treatment for a medical or psychological condition.

The House bill contained no similar provision.

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The House recedes with an amendment that would authorize

the Secretary to waive polygraph requirements on a one-time basis

for any individual employee and would prohibit the Secretary from

using the need to maintain the scientific viability of a DOE laboratory as a criteria for approving any such waivers. The amendment

would further require that employees holding a sensitive compartmented information clearance be subject to these requirements.

Employee incentives for employees at closure project facilities (sec.

3136)

The House bill contained a provision (sec. 3137) that would

provide incentives for retention and separation of federal employees

at closure facilities of the Department of Energy (DOE) established

pursuant to section 3143 of the National Defense Authorization Act

for Fiscal Year 1997 (Public Law 104–106). Such incentives would

include the accumulation of annual leave up to 720 hours, lump

sum retention allowances of up to 30 percent of an employee’s salary, freeze the cost of and continue health benefits for employees

who are either voluntarily or involuntarily separated, and provide

authority for voluntary reductions in force. The authority would

terminate at a DOE site when closure is completed.

The Senate amendment contained a similar provision (sec.

3155) that would provide similar incentives, including lump sum

retention allowances of up to 40 percent of an employee’s salary,

authority to pay voluntary separation incentive payments (also referred to as buyouts), and authority to make temporary assignments of certain DOE employees to private sector organizations, on

a non-reimbursable basis. The authority would terminate on September 23, 2001.

The House recedes with an amendment that would provide the

following incentives: (1) the accumulation of annual leave up to 720

hours; (2) lump sum retention allowances of up to 30 percent of an

employee’s salary; (3) freeze the cost of and continue health benefits for employees who are either voluntarily or involuntarily separated; and (4) provide authority for voluntary reductions in force.

The authority would terminate on March 31, 2007.

Continuation of processing, treatment, and disposition of legacy nuclear materials (sec. 3137)

The Senate amendment contained a provision (sec. 3151) that

would require the Secretary of Energy to maintain a high state of

readiness at the F-canyon and H-canyon facilities at the Savannah

River site. The provision would further prohibit the use of funds to

begin decommissioning activities at the F-canyon facility, including

studies and planning, until the Defense Nuclear Facilities Safety

Board and the Secretary of Energy submit a report certifying that

all materials currently present in the facility are safely stabilized

and the requirements for the facility to meet future fissile materials disposition needs can be fully met utilizing the H-canyon facility. The provision would require the Secretary to submit to the

Committees on Armed Services of the Senate and the House of

Representatives a plan describing how all long-term chemical separations activities would be transferred from the F-canyon facility to

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the H-canyon facility beginning in fiscal year 2002. The report

would be submitted not later than February 15, 2001.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary to identify those fissile materials disposition needs that

will require an alternative capability, including a description of the

alternative capability and a justification of why any such requirements cannot be carried out at the H-canyon facility.

Limitation on use of certain funds pending certifications of compliance with Formerly Utilized Sites Remedial Action Program

funding prohibition (sec. 3138)

The Senate amendment contained a provision (sec. 3152) that

would prohibit the use of any funds authorized or otherwise made

available to the Department of Energy by this or any other Act for

travel by the Secretary of Energy or any employees of the Office

of Secretary of Energy after March 1, 2001, unless or until the Secretary certifies to the congressional defense committees that no

Atomic Energy Defense funds will be obligated or expended for

treatment, storage, or disposal activities at sites designated as Formerly Utilized Site Remedial Action Program (FUSRAP) sites.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

use of travel funds by the Secretary of Energy, any employee of the

Office of the Secretary, or the Chief of Engineers of the Army Corps

of Engineers after November 1, 2001, unless or until the Secretary

and Chief each certifies to the congressional defense committees

that no Atomic Energy Defense funds will be obligated or expended

for treatment, storage, or disposal activities at FUSRAP sites.

The conferees note that the National Defense Authorization

Act for Fiscal Year 2000 (Public Law 106–65) prohibits any Atomic

Energy Defense funds authorized or otherwise made available to

the Department of Energy for any fiscal year after fiscal year 1999

from being obligated or expended to conduct treatment, storage, or

disposal activities at sites designated as FUSRAP sites. The conferees continue to support the cleanup of FUSRAP sites in an expeditious, cost-effective manner. The conferees, however, do not support the use of scarce Atomic Energy Defense funds for this purpose.

Conceptual design for Subsurface Geosciences Laboratory at Idaho

National Engineering and Environmental Laboratory, Idaho

Falls, Idaho (sec. 3139)

The Senate amendment contained a provision (sec. 3156) that

would authorize the Secretary of Energy to obligate up to $400,000

to carry out conceptual design activities for a new Subsurface Geoscience Facility Laboratory at the Idaho National Engineering and

Environmental Laboratory (INEEL), Idaho Falls, Idaho. The provision would prohibit obligation of the funds until 60 days after the

Secretary submits a report to the congressional defense committees

identifying: (1) the need to conduct mesoscale experiments to meet

long-term Department of Energy (DOE) cleanup requirements; (2)

the possibility of utilizing existing structures to house such a new

facility; (3) the estimated construction costs of the facility; (4) the

962

estimated annual operating costs of the facility; (5) how the facility

would utilize the capabilities of other DOE and non-DOE sites; and

(6) an analysis of costs, savings, and benefits that are unique to

INEEL.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Report on National Ignition Facility, Lawrence Livermore National

Laboratory, Livermore, California (sec. 3140)

The Senate amendment contained a provision (sec. 3158) that

would require the Secretary of Energy to submit to the Committees

on Armed Services of the Senate and House of Representatives a

report setting forth a revised cost and schedule baseline for completion of the National Ignition Facility (NIF) in Livermore, California. The provision would prohibit the obligation of more than 50

percent of the funds available for NIF until the report is submitted.

The provision would further require that the Comptroller General

report not later than March 31, 2001, to the Committees on Armed

Services of the Senate and House of Representatives on: (1) the relationship of NIF to other elements of the Department of Energy

nuclear weapons program; (2) the potential impacts if completion

of the NIF were to be delayed; (3) a detailed description and analysis of the funds spent on NIF to date; and (4) an assessment of

whether Lawrence Livermore National Laboratory has established

a revised baseline for NIF that has achievable goals and milestones.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

River Protection Project, Richland, Washington (sec. 3141)

The House bill contained a provision (sec. 3135) that would rename the tank waste remediation project at the Department of Energy’s (DOE) Hanford Site as the River Protection Project.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would require the

Assistant Secretary of Energy for Environmental Management to

delegate, in writing, responsibility for management of the Office of

River Protection (ORP) to the manager of that office. The delegation would include authority for contracting, financial management,

safety, and general program management that are equivalent to

those vested in other operations office managers. The ORP manager would, to the maximum extent possible, be required to coordinate all ORP activities with the manager of the DOE Richland Operations Office.

The conferees note that section 3139 of the National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261) made

the manager of the Office of River Protection responsible for managing all aspects of this critical cleanup program. The conferees expect the Assistant Secretary to comply with the requirement for a

written delegation of authority as expeditiously as possible. The

conferees further expect that the Assistant Secretary will be provided with sufficient personnel and other resources to manage the

tank waste program in an efficient and streamlined manner.

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Report on tank waste remediation system, Hanford Reservation,

Richland, Washington (sec. 3142)

The Senate amendment contained a provision (sec. 3157) that would authorize an increase of $150.0 million to carry out an accelerated cleanup and waste management program at the Hanford

Site in Richland, Washington. The provision would also require the

Secretary of Energy to submit a report to Congress not later than

December 15, 2000, on the Tank Waste Remediation System

(TWRS) project, including: (1) a proposed plan for processing and

stabilizing all nuclear wastes located in the Hanford Tank Farm;

(2) a proposed schedule for carrying out the plan; (3) the total estimated cost of carrying out the plan; and (4) a description of any

alternative options to the proposed plan and description of the costs

and benefits of each such option.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

report to include the following additional items: (1) a description of

the volumes and characteristics of those wastes or materials that

are not intended to be treated during Phase 1(B) of the project and

(2) a plan for developing, demonstrating, and implementing advanced vitrification system technologies that might be required to

safely treat and stabilize any out of specification wastes or materials, such as polychlorinated biphenyls, that cannot be treated and

stabilized with the technologies proposed to be utilized during

Phase 1(B) of the project.

Subtitle D—Matters Relating to Management of National Nuclear

Security Administration

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

The Senate amendment contained a provision (sec. 3131) that

would establish a fixed term of office for the first individual appointed as the Under Secretary for Nuclear Security at the Department of Energy. The individual would be subject to removal by the

President only for inefficiency, neglect of duty, or malfeasance in

office.

The House bill contained no similar provision.

The House recedes.

Membership of Under Secretary for Nuclear Security on the Joint

Nuclear Weapons Council (sec. 3152)

The Senate amendment contained a provision (sec. 3132) that

would designate the Under Secretary for Nuclear Security of the

Department of Energy (DOE) to serve as the DOE representative

on the Joint Nuclear Weapons Council.

The House bill contained no similar provision.

The House recedes.

Organization plan for field offices of the National Nuclear Security

Administration (sec. 3153)

The Senate amendment contained a provision (sec. 3135) that

would require the Under Secretary for Nuclear Security of the Department of Energy to develop an appropriate staffing and organiVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00993 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.328 pfrm03 PsN: HR945
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zation plan to carry out the activities of the National Nuclear Security Administration (NNSA). The plan would identify: (1) the roles

and responsibilities to be assigned to each NNSA field organizational unit and the NNSA headquarters organization; (2) any modifications, downsizing, eliminations, or consolidations of NNSA

headquarters and field organization units; (3) any modifications to

headquarters and field office staffing levels that the Under Secretary determines are necessary to implement the plan; and (4) a

schedule by which the plan could be implemented. The plan would

be submitted to the congressional defense committees not later

than March 1, 2001.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Under Secretary to submit the plan not later than May 1, 2001.

Required contents of future-years nuclear security program (sec.

3154)

The House bill contained a provision (sec. 3133) that would

make certain findings that the budget submission for fiscal year

2001 to Congress does not comply with requirements imposed by

sections 3251 and 3253 of the National Defense Authorization Act

for Fiscal Year 2000 (Public Law 106–65); would establish requirements for the content of the future years nuclear security program

to be submitted annually by the Administrator of the National Nuclear Security Administration (NNSA) pursuant to section 3253;

and would prohibit the obligation of more than 50 percent of funds

authorized for appropriation for program direction within NNSA

until 30 days after the Administrator provides Congress with the

required future years nuclear security program.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would remove the

restriction on use of program direction funds.

Future-years nuclear security program for fiscal year 2001 (sec.

3155)

The Senate amendment contained a provision (sec. 3136) that

would require the Under Secretary for Nuclear Security to submit

a future-years nuclear security program plan that would contain

the estimated expenditures necessary to support the programs,

projects, and activities of the National Nuclear Security Administration (NNSA). The report would be submitted to Congress not

later than November 1, 2000.

The House contained no similar provision.

The House recedes with a clarifying amendment.

The conferees note that the Secretary of Energy was required

by section 3135 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201) and section 3253 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65) to provide a five-year budget plan, and that the Secretary

failed to comply with such requirements. The conferees further

note that the Secretary of Defense provides such future year budget data to Congress concurrent with the submission of the budget

request. The conferees believe that such a plan will provide an important planning tool for the Secretary, the Administrator, and the

965

Congress, and would serve as a baseline upon which the congressional defense committees can better evaluate succeeding budget

submissions.

The conferees are aware that DOE submitted a future years

nuclear security program plan to the Office of Management and

Budget as part of its fiscal year 2001 budget request. The conferees

believe that this plan will meet the requirements of this provision.

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

The Senate amendment contained a provision (sec. 3175) that

would authorize the Secretary of Energy to establish a Plant Manager Research, Development, and Demonstration (PMRDD) program to support innovative engineering and systems activities at

the nuclear weapons production plants. The program would be limited to the Y–12 plant in Oak Ridge, Tennessee, the Kansas City

plant in Kansas City, Missouri, and the Pantex plant in Amarillo,

Texas. The program would be authorized at a level not to exceed

two percent of the funds available for weapons activities at such

plants.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Administrator of the National Nuclear Security Administration to

authorize the head of each nuclear weapons production plant to establish a PMRDD program and would allow the Administrator to

authorize the head of each production plant to obligate up to $3.0

million per year from those funds available in the Advanced Design

and Production Technologies Campaign in fiscal year 2001 to carry

out the program.

The conferees anticipate that this program would be used to

explore viable tools and techniques for understanding and replacing sunset technologies and for developing more agile manufacturing techniques. The conferees believe the creation of this program will support recommendations for addressing workforce problems at the production plants identified by the Commission on Retaining Nuclear Weapons Expertise (also known as the Chiles Commission) by assisting with recruiting and retention of outstanding

engineers and craftsmen.

Prohibition on individuals engaging in concurrent service or duties

within National Nuclear Security Administration and outside

that Administration but within Department of Energy (sec.

3157)

The Senate amendment contained a provision (sec. 3134) that

would prohibit the use of any funds authorized to be appropriated

or otherwise made available to the Department of Energy (DOE)

after fiscal year 2000 to pay the basic pay of an officer or employee

of DOE who: (1) serves concurrently in a position in the National

Nuclear Security Administration (NNSA) and a position outside the

NNSA; or (2) performs concurrently the duties of a position in the

NNSA and the duties of a position outside the NNSA.

The House bill contained no similar provision.

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The House recedes with an amendment that would prohibit the

practice of dual office holding.

The conferees recognize that NNSA may benefit from the

unique skills of personnel in other federal agencies, other DOE entities not within NNSA, and private entities. The conferees believe

that the assignment of detailees with such expertise to the NNSA

on an occasional and temporary basis is acceptable, provided that

the specific arrangements for detailee assignment to NNSA are

consistent with the terms of this provision.

Annual plan for obligation of funds of the National Nuclear Security Administration (sec. 3158)

The conference agreement includes a provision that would require the Administrator of the National Nuclear Security Administration (NNSA) to submit a plan for obligation of amounts requested for each program element and construction line item expressed as percentage of the requested amounts in the annual

budget and the two succeeding fiscal years; and an assessment as

to whether the NNSA had met the goals of prior year obligation

plans and any plan for corrective actions that might be needed. The

amendment would also require an assessment by the Comptroller

General concerning the adequacy of the NNSA planning, programming, and budgeting process.

The conferees are disappointed that the Department of Energy

failed to comply with section 3152 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65), which required the NNSA to forward a budget with funding available for

a limited number of years.

Authority to reorganize National Nuclear Security Administration

(sec. 3159)

The Senate amendment contained a provision (sec. 3133) that

would limit the authority of the Secretary of Energy to reorganize,

abolish, alter, consolidate, or discontinue any organizational unit or

component of the National Nuclear Security Administration

(NNSA).

The House bill contained no similar provision.

The House recedes with an amendment that would authorize

the Administrator to reorganize, abolish, alter, consolidate, or discontinue any organizational unit or component of the NNSA.

Subtitle E—National Laboratories Partnership Improvement

Technology Infrastructure Pilot Program (sec. 3161)

The Senate amendment contained a provision (section 3163)

that would authorize the Secretary of Energy to obligate up to

$10.0 million per year for a three-year period to establish the Technology Infrastructure Pilot Program. The pilot program would promote establishment of technology partnership clusters in the vicinity of certain DOE laboratories and plants. The provision would authorize each such DOE site to expend available funds to carry out

cooperative activities with local businesses, universities, research

organizations, or state, local, and tribal governments.

The House had no similar provision.

967

The House recedes with an amendment that would authorize

the Administrator of the National Nuclear Security Administration

(NNSA) to obligate up to $5.0 million during fiscal years 2001 and

2002 to carry out the pilot program.

The conferees are concerned that technology partnerships within the Office of Defense Programs have not been well managed in

the past nor have they resulted in significant return on investment.

Nevertheless, the conferees recognize that public-private collaborations may, if properly focused and managed, result in the development of commercially viable technologies that support the core nuclear weapons and nuclear nonproliferation missions of the NNSA.

The Technology Infrastructure Pilot Program will allow the NNSA

laboratories and facilities to explore new ways to collaborate with

private entities in research, training, and shared facilities to enhance these core NNSA missions. The conferees note that technology networks of this kind have proven successful in the private

sector. The conferees further note that the provision would not preclude the possibility of subsequent authorizations in appropriate

circumstances.

Report on small business participation in National Nuclear Security

Administration activities (sec. 3162)

The Senate amendment contained a provision (sec. 3164) that

would require each laboratory to establish a small business advocacy and assistance program to increase the participation of small

businesses in all contracting aspects of the laboratory. The provision would also require each laboratory to establish a small business assistance program to help local small businesses obtain more

subcontracts at the laboratory and improve the commercial value

of their products and services.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Administrator of the National Nuclear Security Administration

(NNSA) to report to the congressional defense committees not later

than February 15, 2001, regarding the effectiveness of NNSA small

business programs, recommendations on how to improve them, and

any legislative changes required to implement such improvements.

Study and report related to improving mission effectiveness, partnerships, and technology transfer at national security laboratories and nuclear weapons production facilities (sec. 3163)

The Senate amendment contained a provision (sec. 3166) that

would require the Secretary to direct the Laboratory Operations

Board to study and to report on the possible benefits of and need

for policies and procedures to facilitate the transfer of scientific,

technical, and professional personnel among national security laboratories and facilities. The Board would be required to report on

the possible benefits of and need for changes in the following: (1)

the indemnification requirements for patents or other intellectual

property licensed from a laboratory or facility; (2) the royalty and

fee schedules and types of compensation that may be used for patents or other intellectual property licensed to a small business concern from a National Laboratory or facility; (3) the licensing procedures and requirements for patents and other intellectual property,

968

including preferences for small businesses started by former laboratory or facility employees who invented the patented technology

or other intellectual property; (4) the infringement and protections

available to small businesses that have received patents or other

intellectual property from a laboratory or facility; (5) the advance

funding requirements for a small business that funds a project at

a laboratory or facility through a Funds-In-Agreement; (6) the intellectual property rights allocated to a business that funds a

project at a laboratory or facility through a Funds-In-Agreement;

and (7) the policies on royalty payments to inventors employed by

a contractor-operated laboratory or facility, including those for inventions made under a Funds-In-Agreement.

The Board would be required to report to the Secretary not

later than one year after the date of enactment of this Act. The

Secretary would be required to transmit the report to Congress not

later than one month after receiving the report of the board concurrent with the submission of the report of the Secretary shall provide recommendations regarding appropriate action and legislative

proposals.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Secretary of Energy Advisory Board to prepare and to submit the

report related to the national security laboratories and facilities.

The amendment would also require the report to include the advantages and disadvantages of providing the Administrator of the

National Nuclear Security Administration with special contracting

authority, such as ‘‘other transactions’’ authority.

Report on effectiveness of National Nuclear Security Administration

technology development partnerships with non-Federal entities

(sec. 3164)

The Senate amendment contained a provision (sec. 3137) that

would establish funding goals for cooperative research and development agreements (CRADAs) of the National Nuclear Security Administration (NNSA) and require that such CRADAs be consistent

with and support the missions of the National Nuclear Security Administration. The provision would establish a goal of obligating 0.5

percent of NNSA funds available during fiscal years 2001 and 2002

for CRADAs, or similar cooperative, cost-shared research partnerships with non-federal organizations. The provision would further

require the Administrator of the NNSA to submit a report to the

congressional defense committees setting forth a recommendation

as to the appropriate future percentage goals. The provision would

require that the Administrator report to Congress annually on

whether the goals of this provision have been met in the successive

fiscal year. The provision would require the Administrator to describe the actions necessary to achieve such goals and provide any

legislative changes recommended to achieve them, if the goals have

not been met.

The House bill contained no similar provision.

The House recedes with an amendment that would require the

Administrator to submit to Congress a report on the efficiency and

effectiveness with which the NNSA and its laboratories and facilities carry out cooperative technology development activities with

969

non-federal entities, including appropriate funding levels for such

cooperative activities.

Definitions (sec. 3165)

The Senate amendment contained a provision (sec. 3162) that

would define the terms referenced in subtitle E of this Act.

The House bill contained no similar provision.

The House recedes with an amendment that would define the

terms ‘‘national security laboratory’’ and ‘‘nuclear weapons production facility’’ as they are defined in section 3281 of the National

Nuclear Security Administration Act (Public Law 106–65).

Subtitle F—Matters Relating to Defense Nuclear Nonproliferation

Matters Relating to Defense Nuclear Nonproliferation (secs. 3171–

3175)

The Senate amendment contained a provision (sec. 3153) that

would: (1) require an annual report and limit funding for the program until an access policy is established and implemented by the

Secretary for the Nuclear Materials Protection, Control, and Accounting Program; (2) establish programmatic management criteria

and conditions on funds for the Nuclear Cities Initiative (NCI); and

(3) require that funds for the International Nuclear Safety Program

be used only for reactor safety upgrades and training for reactor

operators participating in the program. The Senate amendment

also contained provisions (sec. 3191–3195) that would expand the

NCI by authorizing $30.0 million for fiscal year 2001, require an

agreement that provides that Russia will close some of its facilities

engaged in nuclear weapons assembly and disassembly work within five years in exchange for participating in the NCI, establish additional programmatic criteria, authorize the Secretary of Energy

to encourage careers in nonproliferation, and express the sense of

Congress on the need for establishing a national coordinator for

nonproliferation.

The House bill contained no similar provision.

The House recedes with a technical amendment regarding the

International Nuclear Safety Program. The amendment would also:

(1) Authorize $30.0 million for fiscal year 2001 for the NCI; (2) prohibit the obligation or expenditure of funds for more than three nuclear cities in Russia and two serial production facilities until 30

days after the Secretary submits to the Committees on Armed

Services of the Senate and House of Representatives a copy of a

written agreement that provides that Russia will close some of its

facilities engaged in nuclear weapons assembly and disassembly

work; and (3) limit not more than $8.7 million from being expended

or obligated until the Secretary establishes and implements project

review procedures for projects under the NCI and submits to the

Armed Services Committees of the Senate and the House of Representatives a report on the project review procedures established

and implemented. The amendment would also prohibit amounts in

excess of $17.5 million from being obligated or expended until 30

days after the Secretary submits a report to the Armed Services

Committees of the Senate and the House of Representatives that

includes: (1) a copy of a written agreement that provides that RusVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 00999 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.331 pfrm03 PsN: HR945
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sia will close some of its facilities engaged in nuclear weapons assembly and disassembly work within five years in exchange for

participation in the NCI; (2) a certification by the Secretary that

project review procedures have been established and are being implemented and that any scientific, technical, or commercial projects

carried out under the NCI will meet specific nonproliferation objectives and be commercially viable in three years; (3) a description

of the project review procedures process; (4) a list of the projects

that have undergone review; and (5) detailed descriptions for each

NCI project regarding project management costs, budgets, commercial viability, income generation, and the number of Russian jobs

created. The amendment would also urge the President to discuss

with the Russian Federation the development of a plan for restructuring the Russian nuclear weapons complex, and would authorize

$2.0 million for the Secretary to encourage Russian and U.S. students to pursue nonproliferation careers. The funds for nonproliferation careers may only be obligated and expended after conditions are met for fiscal year 2001 funds in excess of $17.5 million,

and after the Administrator for Nuclear Security provides prior notification to Congress that these funds will be expended. Finally,

the House amendment expresses the sense of Congress on the need

for effective and clear coordination of U.S.-Russian nonproliferation

programs.

The conferees believe that the Department should support

projects that have the greatest potential for commercialization in

the near term through the rapid creation of Russian jobs in the

closed cities.

In addition, the conferees agree to include a provision that

would direct the Secretary to submit to the Armed Services Committees of the Senate and the House of Representatives not later

than March 1, 2001, a report on the Department’s recent and

planned efforts to ensure adequate oversight and accountability of

its nonproliferation programs in Russia, and the potential costs and

impacts of on-the-ground monitoring. The conferees further direct

the Comptroller General to conduct a review of the information

contained in the Secretary’s report to assess the information and

provide the Congress with a report of the Comptroller General’s assessment not later than April 15, 2001. The conferees are interested in ensuring that the Department of Energy has adequate assurance that federal funds expended in Russia for nonproliferation

programs are being expended for the purposes for which they are

intended, as exemplified in the legislative provision on access for

the Materials Protection, Control, and Accounting program.

Subtitle G—Other Matters

Extension of authority for appointment of certain scientific, engineering, and technical personnel (sec. 3191)

The Senate amendment contained a provision (sec. 3171) that

would extend the authority of the National Defense Authorization

Act for Fiscal Year 1995 (Public Law 103–337) related to excepted

service hiring for up to 200 positions.

The House bill contained no similar provision.

The House recedes.

971

Biennial report containing update on nuclear test readiness postures

(sec. 3192)

The Senate amendment contained a provision (sec. 3172) that

would require the Secretary of Energy to update the nuclear test

readiness report required by section 3152 of the National Defense

Authorization Act for Fiscal Year 1996 (Public Law 104–106) on a

biennial basis. The Secretary would be required to submit the first

updated report to the congressional defense committees not later

than February 15, 2001. The reports would include a listing and

description of those workforce skills and capabilities that are essential to carry out the missions of the site, a listing and description

of the required infrastructure and physical plant that are essential

to carry out the missions of the site, and an assessment of the

readiness status of the workforce and infrastructure. The report

would be submitted in unclassified form, but could include a classified annex.

The House bill contained no similar provision.

The House recedes.

Frequency of reports on inadvertent releases of restricted data and

formerly restricted data (sec. 3193)

The Senate amendment contained a provision (sec. 3173) that

would amend section 3161 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65)

to require the Secretary of Energy to report inadvertent releases of

restricted data and formerly restricted data on a quarterly basis

rather than 30 days after any such release.

The House bill contained no similar provision.

The House recedes with a clarifying amendment that would

make the quarterly report mandatory, regardless of whether there

is a reportable incident during the period by the report.

Form of certifications regarding the safety or reliability of the nuclear weapons stockpile (sec. 3194)

The Senate amendment contained a provision (sec. 3174) that

would require the annual certification to the President regarding

the safety and reliability of the U.S. nuclear stockpile be submitted

in classified form.

The House bill contained no similar provision.

The House recedes.

Authority to provide certificate of commendation to Department of

Energy and contractor employees for exemplary service in stockpile stewardship and security (sec. 3195)

The Senate amendment contained a provision (sec. 3177) that

would authorize the Secretary of Energy to award a certificate of

commendation for meritorious service to current and former employees of the Department of Energy (DOE), and current and

former contractor employees who worked in programs related to

stewardship of the Nation’s nuclear weapons stockpile.

The House bill contained no similar provision.

The House recedes.

The conferees note that the dedication, intellect, and hard

work of the scientists and craftsmen employed at DOE laboratories

972

and manufacturing plants are essential to maintaining a credible

U.S. nuclear deterrent. The conferees further note that former scientists and craftsmen at DOE laboratories, plants, and materials

production sites were instrumental in ensuring the security of the

United States during the Cold War. The conferees included this

provision to recognize the contributions of former employees at

these facilities and to highlight the Nation’s continued reliance on

the capabilities of the skilled workers at DOE weapons laboratories

and manufacturing plants. The conferees commend these individuals for their continued service to the Nation and for the peace

that they have helped to preserve.

Cooperative research and development agreements for governmentowned, contractor-operated laboratories (sec. 3196)

The Senate amendment contained a provision (sec. 3176) that

would amend the Stevenson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3710) to streamline the approval process for cooperative research and development agreements (CRADA) at government-owned, contractor-operated (GOCO) facilities by authorizing

federal agencies to substitute an annual strategic plan for individual joint work statements. The provision would, for a period of

five years after the date of enactment of this Act, authorize the

waiver of any license retained by the government if the retention

of that license would inhibit commercialization of an invention that

would otherwise serve an important federal mission. The provision

would further streamline the CRADA process for GOCO facilities

by authorizing federal agencies to permit routine CRADAs to be negotiated and signed by GOCO employees.

The House bill contained no similar provision.

The House recedes with an amendment that would limit the

applicability of the license waiver provision to the activities of the

National Nuclear Security Administration laboratories, and would

require a report on all license waivers.

Office of Arctic Energy (sec. 3197)

The Senate amendment contained a provision (sec. 3169) that

would establish the Office of Arctic Energy Research.

The House bill contained no similar provision.

The House recedes with an amendment that would provide the

Secretary of Energy with discretionary authority to establish the

Office of Arctic Energy Research.

LEGISLATIVE PROVISIONS NOT ADOPTED

Conformance with National Nuclear Security Administration organizational structure

The Senate amendment contained a provision (sec. 3168) that

would require the Secretary of Energy to carry out the requirements of Subtitle E of this Act, consistent with title 32 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law

106–65).

The House bill contained no similar provision.

The Senate recedes.

973

Construction of National Nuclear Security Administration Operations Office Complex

The Senate amendment contained a provision (sec. 3138) that

would authorize the Administrator of the National Nuclear Security Administration (NNSA) to begin design and construction of a

new operations office complex at the Department of Energy Albuquerque Operations Office located at Kirtland Air Force Base, New

Mexico. The authority would have to be carried out in accordance

with a Department of Energy feasibility study that would examine

the design and construction of the office complex using one or more

energy savings performance contracts, consistent with Title VIII of

the National Energy Policy Conservation Act (42 U.S.C. 8287 et

seq.). Construction costs would be derived from energy savings and

ancillary operation and maintenance savings that result from replacing the current office complex with the proposed complex.

The Administrator could not begin conceptual design and construction until the later of: (1) 30 days after the date on which the

Administrator submits to Congress the NNSA field organization

plan required by a provision included elsewhere in this conference

agreement; or (2) the date on which the Administrator certifies to

Congress that the design and construction of the complex is consistent with the NNSA field organization plan and the feasibility

study.

The House bill contained no similar provision.

The Senate recedes.

The conferees note that the Administrator may seek future

congressional authorization for design and construction of a new office complex at the Albuquerque Operations Office.

Energy employees compensation initiative

The budget request included $17.0 million for establishment of

an energy employees compensation fund.

The Senate amendment contained a provision (sec. 3105) that would authorize $17.0 million for the establishment of an energy

employees compensation fund to compensate Department of Energy

(DOE) contractor employees that have proven health or other medical problems that are directly related to their employment at a

DOE nuclear facility.

The House bill contained no similar provision.

The Senate recedes.

Environmental management closure projects

The House bill contained a provision (sec. 3104) that would au- thorize $1.0 billion for environmental management closure projects,

the amount of the request.

The Senate amendment contained no similar provision.

The House recedes.

Other transactions

The Senate amendment contained a provision (sec. 3167) that

would authorize the Secretary of Energy to permit the award contracts on a non-competitive basis, commonly known as ‘‘other transactions’’ authority.

The House bill contained no similar provision.

974

The Senate recedes.

The conferees note that a report on ‘‘other transactions’’ authority is required elsewhere in this conference agreement.

Sense of the 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

The House bill contained a provision (sec. 3138) that would express the sense of the Congress that there is sufficient information

available to Congress to warrant enactment of legislation regrading

personnel of the Department of Energy and its contractors and vendors who have sustained beryllium, silica, and radiation-related injury.

The Senate amendment contained no similar provision.

The House recedes.

Short title

The Senate amendment contained a provision (sec. 3161) that

would cite the subtitle E of the National Defense Authorization Act

for Fiscal Year 2001 as the National Laboratories Partnership Improvement Act of 1999.

The House bill contained no similar provision.

The Senate recedes.

Technology partnerships ombudsman

The Senate amendment contained a provision (sec. 3165) that

would require each laboratory to establish a technology partnership

ombudsman to resolve complaints from outside organizations regarding patents, technology licenses, and other issues.

The House bill contained no similar provision.

The Senate recedes.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

LEGISLATIVE PROVISIONS ADOPTED

Defense Nuclear Facilities Safety Board (sec. 3201)

The budget request included $18.5 million for the Defense Nuclear Facilities Safety Board (DNFSB).

The House bill contained a provision (sec. 3201) that would authorize $17.0 million for the DNFSB, a decrease of $1.5 million.

The Senate amendment contained a similar provision (sec.

3201) that would authorize for the DNFSB the budget request.

The House recedes.

The conferees note that the National Nuclear Security Administration Act (Public Law 106–65), which established the National

Nuclear Security Administration (NNSA) within the Department of

Energy (DOE), did not repeal or amend the requirements of the

Atomic Energy Act of 1954 (42 U.S.C. 2011). The conferees further

note that the independent oversight authority of the DNFSB related to health and safety matters at DOE and NNSA defense nuclear facilities was not changed by the National Nuclear Security

Administration Act.

975

The conferees note that the DNFSB is an independent technical body that continually assesses safety issues at DOE facilities

and submits formal safety findings and recommendations to the

Secretary of Energy, the Assistant Secretary of Energy for Environment, Safety and Health, and Congress. As such, the conferees believe that the DNFSB is a cost-effective means of ensuring continuous improvement of the safety culture at DOE nuclear facilities.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

LEGISLATIVE PROVISIONS ADOPTED

Authorized uses of stockpile funds (sec. 3301)

The Senate amendment contained a provision (sec. 3401) that

would authorize the stockpile manager to obligate $75.0 million

from the National Defense Stockpile Transfer Fund during fiscal

year 2001 for the authorized uses of funds under section 9(b)(2) of

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98h).

The House amendment contained a similar provision (sec. 3301).

The Senate recedes with an amendment that would authorize

$71.0 million.

Increased receipts under prior disposal authority (sec. 3302)

The Senate amendment contained a provision (sec. 3402) that

would increase, by $30.0 million, the amount of revenues that could

be achieved through the sale of unneeded materials from the national defense stockpile.

The House bill contained no similar provision.

The House recedes with an amendment that would increase, by

$130.0 million, the amount of revenues that could be achieved

through the sale of unneeded materials from the national defense

stockpile.

Disposal of titanium (sec. 3303)

The House bill contained a provision (sec. 3302) that would authorize the Secretary of Defense to make available to the military

services the titanium sponge in the National Defense Stockpile for

use as government furnished material in the production of military

equipment.

The Senate amendment contained a provision (sec. 3403) that

would require the sale of all remaining titanium in the National

Defense Stockpile within ten years. The initial $6.0 million worth

of revenues generated from the sale would be used for the construction, dedication, and related activities of the World War II Memorial, and the remainder used to defray the costs of health care benefit improvements for retired military personnel.

The House recedes with an amendment that would require the

sale of $48.0 million of titanium in the National Defense Stockpile

within ten years. The initial $6.0 million worth of revenues generated from the sale would be used for the construction, dedication,

and related activities of the World War II Memorial, and the remainder to be deposited in the General Fund of the Treasury.

976

The conferees believe that with over 1,000 World War II veterans dying each year, it is important to finish construction and

dedication of the World War II Memorial as soon as possible in

order to recognize the men and women who served during that

war. The conferees further believe that, although nothing could

compensate for the sacrifices that were made by these veterans,

this memorial will demonstrate the appreciation of a grateful nation to those who fought to preserve liberty and freedom for all

U.S. citizens and millions of others throughout the world.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

LEGISLATIVE PROVISIONS ADOPTED

Minimum price of petroleum sold from certain naval petroleum reserves (sec. 3401)

The Senate amendment contained a provision (sec. 3301) that

would repeal the authority for the Secretary of Energy to sell oil

from the naval petroleum reserves for less than full market value.

The House bill contained no similar provision.

The House recedes.

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

The Senate amendment contained a provision (sec. 3302) that

would amend section 7426 of title 10, United States Code, to repeal

the requirement for the United States to contract for cooperative

or unit plans in the administration of the Naval Petroleum Reserve

Numbered 1 at Elk Hills.

The House amendment contained no similar provision.

The House recedes with a technical amendment.

Disposal of Oil Shale Reserve Numbered 2 (sec. 3403)

The Senate amendment contained a provision (sec. 3303) that

would authorize the conveyance of the Naval Oil Shale ReserveNumbered 2 (NOSR–2), to the Ute Indian Tribe of the Uintah and

Ouray Indian Reservation in Utah with the exception of a small

parcel to be transferred to the Department of the Interior. The provision would also require the United States to retain a nine percent

share of the revenues from the development of any minerals on the

land after it is transferred. The provision would further require the

environmental remediation and restoration of the uranium mill

tailings site in Moab, Utah. The nine percent share of the revenues

generated from the mineral development at the NOSR–2 would be

available for the cleanup of the tailings site together with any

funds specifically appropriated for this purpose.

The House bill contained no similar provision.

The House recedes with an amendment that would retain nine

percent of the revenues from the mineral development of NOSR–

2 until such time as the cleanup costs of the government for the

tailings site have been recovered. The amendment would further

require the Secretary of Energy to enter into an arrangement with

the National Academy of Sciences to assist the Secretary of Energy

in the preparation of a remediation plan that objectively evaluates

977

the costs, benefits, and risks associated with various remediation

alternatives for the cleanup of the tailings site.

The conferees understand that the remedial plan proposed by

the Secretary of Energy will be prepared in accordance with title

I of the Uranium Mill Tailings Radiation Control Act of 1978 (42

U.S.C., 7901). The conferees expect that as part of the remediation

plan, the Secretary of Energy will develop a strategy for transferring the legal responsibilities and title to the Moab site, from the

present Moab site Trustee to the Department of Energy, and that

the Secretary of Energy will consult with the Trustee and with the

beneficiaries of the trust, the Nuclear Regulatory Commission and

the State of Utah, in developing the plan for the transition of responsibilities.

TITLE XXXV—MARITIME ADMINISTRATION

LEGISLATIVE PROVISIONS ADOPTED

Authorization of appropriations for fiscal year 2001 (sec. 3501)

The budget request included $86.4 million for the Maritime

Administration.

The House bill contained a provision (sec. 3401) that would authorize an increase of $61.9 million for the Maritime Administration. Of the funds authorized, $94.2 million would be for operations

and training programs, $50.0 million would be for the cost as defined in section 502 of the Federal Credit Reform Act of 1990, of

loan guarantees authorized by title XI of the Merchant Marine Act,

1936, as amended (46 App. U.S.C. 1271 et seq.), and $4.2 million

would be for administrative expenses related to providing those

loan guarantees.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would authorize

$94.3 million for operations and training programs, $50.0 million

for the cost as defined in section 502 of the Federal Credit Reform

Act of 1990, of loan guarantees authorized by title XI of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1271 et seq.),

and $4.2 million for administrative expenses related to providing

those loan guarantees.

Scrapping of National Defense Reserve Fleet vessels (sec. 3502)

The House bill contained a provision (sec. 3402) that would

amend section 6(c)(1)(A) of the National Maritime Heritage Act of

1994 (16 U.S.C. 5405(c)(1)(A)) to authorize an extension of the period for disposal of obsolete vessels in the National Defense Reserve

Fleet (NDRF). The provision would also direct that the obsolete

vessels be scrapped outside the United States to the maximum extent possible.

The Senate amendment contained no similar provision.

The Senate recedes with an amendment that would eliminate

the requirement to maximize financial returns on the sale of its obsolete vessels, as mandated by section 6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)). Under this provision, the Secretary of Transportation would only proceed with the

scrapping of the NDRF vessels listed in the provision, and no othVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 01007 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.336 pfrm03 PsN: HR945
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ers, until the report on the scrapping program has been transmitted to the appropriate congressional committees.

The provision would also direct the Secretary of Transportation, in consultation with the Secretary of the Navy and the Administrator of the Environmental Protection Agency, to develop a

program within six months of the enactment of this Act to scrap

obsolete NDRF vessels. The Secretary of Transportation would

then have to submit a report to the Congress that describes the

program. The conferees direct the Secretary of Transportation,

based on concurrence of the Secretary of the Navy, to include in

that report a description of how the Maritime Administration proposes to fund the disposal of obsolete NDRF vessels in the future

years. An additional report on the progress of scrapping obsolete

NDRF vessels would be required one year after the date of the enactment of this Act, and every six months thereafter.

In the selection of qualified foreign or domestic scrapping facilities, the provision would require a best value determination,

consistent with the Federal Acquisition Regulations (FAR), including the provisions relevant to past performance, and taking into

consideration the ability of facilities to scrap vessels: (1) at least

cost to the Federal Government; (2) in a timely manner; (3) giving

consideration to worker safety and the environment; and (4) in a

manner that minimizes the geographic distance that a vessel must

be towed when towing a vessel poses a serious threat to the environment. The provision would also require the President to make

a recommendation to the Congress regarding whether it is necessary to amend the Toxic Substances Control Act (15 U.S.C. 2601

et seq.) or any other environmental statute or regulatory requirement relevant to the disposal of vessels described in section 6(c)(2)

of the National Maritime Heritage Act of 1994 (16 U.S.C.

5405(c)(2)) and to recommend any proposed statutory or regulatory

changes.

The conferees direct the administration, in the course of preparing the President’s recommendation to Congress, to address directly the issues that impede the disposal of aging, obsolete NDRF

vessels. The conferees believe that the public interest is not well

served by continued inaction in this matter. Close cooperation by

the Secretary of Transportation, the Secretary of the Navy, and the

Administrator of the Environmental Protection Agency will be critical in developing a successful ship disposal program that prevents

these vessels from becoming a serious threat to the environment.

Authority to convey National Defense Reserve Fleet vessel, Glacier

(sec. 3503)

The House bill contained a provision (sec. 3403) that would authorize the Secretary of Transportation to convey, at no cost to the

government, a surplus National Defense Reserve Fleet vessel, to

the Glacier Society for use as a museum.

The Senate amendment contained no similar provision.

The Senate recedes.

Maritime intermodal research (sec. 3504)

The conferees agree to include a provision that would authorize

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time Enhancement Institutes, as if they were University Transportation Centers, for maritime and maritime intermodal research.

Maritime research and technology development (sec. 3505)

The conferees agree to include a provision that would authorize

$100,000 for the Secretary of Transportation to provide a report on

the status of maritime research and development and to include in

the report information on prior year funding for research and development on various modes of transportation.

Reporting of administered and oversight funds (sec. 3506)

The conferees agree to include a provision that would require

the Maritime Administration to report to Congress the amount,

source, and intended use of funds (other than funds appropriated

for the Maritime Administration or the Secretary of Transportation

for use by the Maritime Administration) administered by the Maritime Administration.

The conferees note that it is not the practice of the defense authorization conference to adopt provisions relating to the Maritime

Administration that have not passed either the House of Representatives or the Senate. The conferees understand that provisions relating to the authorization of the Maritime Administration

and national security aspects of the Merchant Marine, including financial assistance for the construction and operation of vessels,

maintenance of the U.S. shipbuilding and ship repair industrial

base, cabotage, and cargo preference, will normally be considered

by committees of conference for inclusion in future conference reports if these provisions have first been passed in either the House

of Representatives or the Senate.

LEGISLATIVE PROVISIONS NOT ADOPTED

Authority to convey offshore drill rig Ocean Star

The House bill contained a provision (sec. 3404) that would authorize the Secretary of Transportation to convey the offshore drill,

Ocean Star, to the Offshore Rig Museum, Inc., a non-profit corporation.

The Senate amendment contained no similar provision.

The House recedes.

TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

COMPENSATION PROGRAM

The Senate amendment contained provisions (secs. 3501–3544)

that would enact the Energy Employees Occupational Illness Compensation Act of 2000. The provision would establish a compensation program for Department of Energy (DOE) employees and DOE

contractor employees who were injured due to exposure to radiation, beryllium, or silica while working at a DOE defense nuclear

facility or nuclear weapons testing site.

The House bill contained no similar title.

The House recedes with an amendment that would establish

the Energy Employees Occupational Illness Compensation Program.

980

LEGISLATIVE PROVISIONS ADOPTED

Short title (sec. 3601)

The conferees agree to include a provision that would designate the short title of the title as the Energy Employees Occupational Illness Compensation Act of 2000.

Findings; sense of Congress (sec. 3602)

The conferees agree to include a provision that would establish

several findings and express the sense of Congress regarding personnel of the Department of Energy and its contractors and vendors who have sustained illnesses due to exposure to radiation, beryllium, and silica as a result of their employment with DOE.

Subtitle A—Establishment of Compensation Program and

Compensation Fund

Establishment of Energy Employees Occupational Illness Compensation Program (sec. 3611)

The conferees agree to include a provision that would establish

the Energy Employees Occupational Illness Compensation Program. The program would provide timely, uniform, and adequate

compensation to certain DOE, DOE contractor, and DOE vendor

employees who were injured from exposure to radiation, beryllium,

or silica while working in DOE nuclear weapons-related programs

and, where applicable, their survivors.

Establishment of Energy Employees Occupational Illness Compensation Fund (sec. 3612)

The conferees agree to include a provision that would establish

the Energy Employees Occupational Illness Compensation Fund.

The provision would also require the Secretary of the Treasury to

transfer to the Fund from the general fund of the Treasury the

amounts necessary to pay compensation under this title once

amounts appropriated for the Fund have been exhausted. Such

payments would be considered as mandatory funding without requiring any additional authorization or appropriation. The provision would further require that no administrative costs for carrying

out the program be paid out of the Fund.

Legislative proposal (sec. 3613)

The conferees agree to include a provision that would require

the President to submit, not later than March 15, 2001, a legislative proposal to implement the compensation program under this

title. The proposal would include, at a minimum, the following elements: (1) the types of compensation to be provided to covered employees; (2) any adjustments or modifications necessary to administer the program; (3) whether to expand the program to include

other illnesses associated with exposure to toxic substances; and (4)

whether to expand the special exposure cohort to include new classes of employees.

981

Authorization of appropriations (sec. 3614)

The conferees agree to include a provision that would authorize $25.0 million for the purposes of carrying out the administrative

requirements of this title and $250.0 million for the Energy Employees Occupational Illness Compensation Fund.

Subtitle B—Program Administration

Definitions for program administration (sec. 3621)

The conferees agree to include a provision that would define

the terms and criteria used in this title.

Expansion of list of beryllium vendors (sec. 3622)

The conferees agree to include a provision that would authorize

the President, in consultation with the Secretary of Energy, to designate additional beryllium vendors. Such designations would be

required to be made not later than December 31, 2002.

Exposure in the performance of duty (sec. 3623)

The conferees agree to include a provision that would specify

the criteria for determining whether a covered beryllium employee

or a covered employee with cancer was exposed in the performance

of duty.

The conferees prohibit the designation of the Department of

Energy as the lead agency for establishing regulations for dose reconstruction under this provision. The conferees expect the Secretary to provide information in the possession of DOE and its contractors related to radiation exposures, but direct the President to

select another agency to establish regulations required by this provision.

Advisory Board on Radiation and Worker Health (sec. 3624)

The conferees agree to include a provision that would establish

the Advisory Board on Radiation and Worker Health. The President would appoint members of the Board in consultation with organizations with expertise on worker health issues. The Board

would advise the President on matters relating to this title, including dose reconstruction and eligibility guidelines for radiation compensation.

Responsibilities of Secretary of Health and Human Services (sec.

3625)

The conferees agree to include a provision that would require

the Secretary of Health and Human Services to carry out the Secretary’s responsibilities under this title with the assistance of the

National Institute of Occupational Safety and Health.

Designation of additional members of Special Exposure Cohort (sec.

3626)

The conferees agree to include a provision that would establish

a process by which the President, upon recommendation of the Advisory Board on Radiation and Worker Health, could designate additional classes of employees at DOE facilities as members of the

special exposure cohort 180 days after the President submits a reVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 01011 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.338 pfrm03 PsN: HR945
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port to Congress that would identify the class and criteria that

have been used to justify their inclusion in the cohort. A class of

employees would be permitted to be added if the President determines that: (1) it is not feasible to estimate with sufficient accuracy

the radiation dose that the class received; and (2) there is a reasonable likelihood that the radiation dose may have endangered the

health of members of the class.

Separate treatment of chronic silicosis (sec. 3627)

The conferees agree to include a provision that would express

the sense of Congress that further determination by the President

is appropriate before employees who were exposed to silica are included in a comprehensive compensation program. The provision

would include DOE employees who are diagnosed with silicosis in

the program unless the President submits a certification to Congress within 180 days after the enactment of this Act that there

is an insufficient basis to include such employees in the program.

An employee would be included in the program only if the employee worked at a covered DOE facility for an aggregate of 250

work days.

Compensation and benefits to be provided (sec. 3628)

The conferees agree to include a provision that would establish

an entitlement for compensation for covered employees, or the survivor of a covered employee if the employee is deceased, consisting

of a $150,000 lump sum payment. In addition, the provision would

establish, for a covered employee, an entitlement for reimbursement of prospective medical expenses related to a covered illness.

Employees with beryllium sensitivity would receive medical monitoring only. All such compensation would be paid from the Energy

Employees Occupational Illness Compensation Fund. The effective

date of this provision would be July 31, 2001, unless the Congress

provides otherwise in an Act enacted before that date.

Medical benefits (sec. 3629)

The conferees agree to include a provision that would define

those medical services, appliances, supplies, and other related benefits to be provided.

Separate treatment of certain uranium employees (sec. 3630)

The conferees agree to include a provision that would establish

an additional entitlement for certain uranium miners, millers, and

transporters, or the survivor of any such employee if the employee

is deceased, who receives, or has received, payment of a claim

under the Radiation Exposure Compensation Act (42 U.S.C. 2210

note). The additional payment would consist of: (1) a $50,000 lump

sum payment; and (2) reimbursement of prospective medical expenses related to the covered illness. All such compensation would

be paid from the Energy Employees Occupational Illness Compensation Fund. The effective date of this provision would be July

31, 2001, unless the Congress provides otherwise in an Act enacted

before that date. The provision would further require the President

to establish procedures to identify and notify each eligible individual under this section.

983

Assistance for claimants and potential claimants (sec. 3631)

The conferees agree to include a provision that would require

the President to provide to all claimants under this title the following: (1) assistance in securing medical testing and diagnostic

services for covered illnesses; and (2) assistance in preparing

claims. The President would also be required to take appropriate

action to inform potential claimants of the availability of compensation under this title.

Subtitle C—Treatment, Coordination, and Forfeiture of

Compensation and Benefits

Offset for certain payments (sec. 3641)

The conferees agree to include a provision that would require

any payment of compensation under this title to be offset by the

amount of any other award or settlement of a claim, other than

workers’ compensation, that is based on the same injury.

Subrogation of the United States (sec. 3642)

The conferees agree to include a provision that would subrogate any payment of compensation under this title to a right or

claim of the covered employee against any other party for the same

injury.

Payment in full settlement of claims (sec. 3643)

The conferees agree to include a provision that would specify

that acceptance of payment under this title would be in full settlement of all claims against the United States, a DOE contractor or

subcontractor, beryllium vendor, or atomic weapons employer for

the covered illness.

Exclusivity of remedy against the United States and against contractors and subcontractors (sec. 3644)

The conferees agree to include a provision that would specify

the liabilities of the United States for future claims related to covered illnesses.

Election of remedy for beryllium employees and atomic weapons employees (sec. 3645)

The conferees agree to include a provision that would allow

covered beryllium and atomic weapons employees to elect a remedy

for a covered illness. A covered employee could elect to file suit or

to file a claim under this provision, if the election is made not later

than the later of: (1) the date that is 30 months after the date of

enactment of this Act; or (2) 30 months after the date the employee

first becomes aware of an illness that may have been sustained in

the performance of duty. The provision would provide that any currently filed tort case must be dismissed by December 31, 2003, in

order for an individual to be eligible for compensation under this

title.

Certification of treatment of payments under other laws (sec. 3646)

The conferees agree to include a provision that would specify

that compensation or benefits provided to an individual under the

984

compensation program would be tax exempt and would not affect

the eligibility of that individual for federal assistance programs.

Claims not assignable or transferrable; choice of remedies (sec.

3647)

The conferees agree to include a provision that would specify

that claims under the compensation program are not assignable or

transferable. The provision would also specify that no individual

may receive more than one payment of compensation under the

program. This would not preclude payment of both lump sum and

medical benefits to a covered individual.

Attorney fees (sec. 3648)

The conferees agree to include a provision that would limit the

payment of fees to an attorney of a claimant to two percent for filing of an initial claim.

Certain claims not affected by awards of damages (sec. 3649)

The conferees agree to include a provision that would ensure

that a payment under the compensation program shall not be considered as any form of compensation or reimbursement for a loss

for purposes of imposing liability on any individual receiving such

payment, on the basis of such receipt, to repay any insurance carrier for insurance payments, or to repay any person on account of

workers’ compensation payments. A payment under the compensation program shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect

to worker’s compensation.

Forfeiture of benefits by convicted felons (sec. 3650)

The conferees agree to include a provision that would require

forfeiture of entitlement to any compensation or benefit under the

compensation program by any individual convicted of a violation of

section 1920 of title 18, United States Code, or any other federal

or state criminal statute relating to fraud in the application for or

receipt of any benefit under this program or any federal or state

workers’ compensation law.

Coordination with other Federal radiation compensation laws (sec.

3651)

The conferees agree to include a provision that would prevent

an individual from receiving compensation or benefits under the

compensation program for cancer and also receive compensation

under the Radiation Exposure Compensation Act (section 2210 of

title 42, United States Code) or section 1112(c) of title 38, United

States Code, except as provided in this title.

Subtitle D—Assistance in State Workers’ Compensation

Proceedings

Agreements with States (sec. 3661)

The conferees agree to include a provision that would authorize

the Secretary of Energy to enter into agreements with states to assist DOE contractor employees in filing a claim under the approVerDate 11-MAY-2000 02:06 Oct 09, 2000 Jkt 066636 PO 00000 Frm 01014 Fmt 6601 Sfmt 6601 E:\HR\OC\HR945.340 pfrm03 PsN: HR945
985

priate state workers’ compensation system for illnesses related to

exposure to other toxic chemicals. The provision would also establish procedures for such DOE assistance.

The Secretary of Energy would review and submit applications

to an independent physician panel appointed by the Secretary of

Health and Human Services. The panel would determine whether

the illness or death that is the subject of the application arose as

a result of exposure to a toxic substance at a DOE facility. The Secretary would be required to accept the panel’s determination in the

absence of significant evidence to the contrary. If the Secretary

makes a positive determination, the Secretary would be required to

assist the applicant in filing a claim under the appropriate state

workers’ compensation system. The Secretary would not contest the

claim and would direct any relevant contractor not to contest the

claim. The contractor’s cost of fighting the claim would not be an

allowable cost under a DOE contract.

Not later than February 1, 2002, the Comptroller General

would be required to submit a report to Congress that would evaluate the Department’s implementation of this provision and effectiveness in achieving compensation for employees with occupational

illnesses.

From the Committee on Armed Services, for consideration

of the House bill and the Senate amendment, and modifications committed to conference:

FLOYD SPENCE, BOB STUMP, DUNCAN HUNTER, JOHN R. KASICH, JAMES V. HANSEN, CURT WELDON, JOEL HEFLEY, JIM SAXTON, STEVE BUYER, TILLIE K. FOWLER,

JOHN M. MCHUGH,

JAMES M. TALENT,

TERRY EVERETT,

ROSCOE G. BARTLETT,

HOWARD ‘‘BUCK’’ MCKEON,

J.C. WATTS, Jr.,

MAC THORNBERRY,

JOHN N. HOSTETTLER,

SAXBY CHAMBLISS,

IKE SKELTON,

NORMAN SISISKY,

JOHN SPRATT,

SOLOMON P. ORTIZ,

OWEN B. PICKETT,

LANE EVANS,

GENE TAYLOR,

NEIL ABERCROMBIE,

MARTIN T. MEEHAN,

ROBERT A. UNDERWOOD,

THOMAS ALLEN,

986

VIC SNYDER, JAMES H. MALONEY, MIKE MCINTYRE, ELLEN O. TAUSCHER, MIKE THOMPSON, Provided that Mr. Kuykendall is appointed in lieu of Mr.

Kasich for consideration of section 2863 of the House bill,

and section 2862 of the Senate amendment, and modifications committed to conference:

STEVEN T. KUYKENDALL, From the Permanent Select Committee on Intelligence, for

consideration of matters within the jurisdiction of that

committee under clause 11 of rule X:

PORTER J. GOSS, JERRY LEWIS, JULIAN C. DIXON, From the Committee on Commerce, for consideration of

sections 601, 725, and 1501 of the House bill, and sections

342, 601, 618, 701, 1073, 1402, 2812, 3131, 3133, 3134,

3138, 3152, 3154, 3155, 3167–3169, 3171, 3201, and 3301–

3303 of the Senate amendment, and modifications committed to conference:

TOM BLILEY, JOE BARTON, JOHN D. DINGELL, Provided that Mr. Bilirakis is appointed in lieu of Mr. Barton of Texas for consideration of sections 601 and 725 of

the House bill, and sections 601, 618, 701, and 1073 of the

Senate amendment, and modifications committed to conference:

MIKE BILIRAKIS, Provided that Mr. Oxley is appointed in lieu of Mr. Barton

of Texas for consideration of section 1501 of the House bill,

and sections 342 and 2812 of the Senate amendment, and

modifications committed to conference:

MICHAEL G. OXLEY,

From the Committee on Education and the Workforce, for

consideration of sections 341, 342, 504, and 1106 of the

House bill, and sections 311, 379, 553, 669, 1053, and title

XXXV of the Senate amendment, and modifications committed to conference:

BILL GOODLING,

VAN HILLEARY,

PATSY T. MINK,

From the Committee on Government Reform, for consideration of sections 518, 651, 801, 906, 1101–1104, 1106,

1107, and 3137 of the House bill, and sections 643, 651,

801, 806, 810, 814–816, 1010A, 1044, 1045, 1057, 1063,

1069, 1073, 1101, 1102, 1104, and 1106–1118, title XIV,

and sections 2871, 2881, 3155, and 3171 of the Senate

amendment, and modifications committed to conference:

DAN BURTON,

JOE SCARBOROUGH,

HENRY A. WAXMAN,

987

Provided that Mr. Horn is appointed in lieu of Mr. Scarborough for consideration of section 801 of the House bill,

and sections 801, 806, 810, 814–816, 1010A, 1044, 1045,

1057, 1063, and 1101, title XIV, and sections 2871 and

2881 of the Senate amendment, and modifications committed to conference:

STEPHEN HORN,

Provided that Mr. McHugh is appointed in lieu of Mr.

Scarborough for consideration of section 1073 of the Senate

amendment, and modifications committed to conference:

JOHN M. MCHUGH,

From the Committee on House Administration, for consideration of sections 561–563 of the Senate amendment, and

modifications committed to conference:

WILLIAM M. THOMAS,

JOHN BOEHNER,

STENY H. HOYER,

From the Committee on International Relations, for consideration of sections 1201, 1205, 1209, and 1210, title

XIII, and section 3136 of the House bill, and sections,

1011, 1201–1203, 1206, 1208, 1209, 1212, 1214, 3178, and

3198 of the Senate amendment, and modifications committed to conference:

BILL GOODLING,

From the Committee on the Judiciary, for consideration of

sections 543 and 906 of the House bill, and sections 506,

645, 663, 668, 909, 1068, and 1106, title XV, and title

XXXV of the Senate amendment, and modifications committed to conference:

HENRY HYDE,

CHARLES T. CANADY,

From the Committee on Resources, for consideration of

sections 312, 601, 1501, 2853, 2883, and 3402 of the House

bill, and sections 601 and 1059, title XIII, and sections

2871, 2893, and 3303 of the Senate amendment, and modifications committed to conference:

DAN YOUNG,

BILLY TAUZIN,

From the Committee on Transportation and Infrastructure, for consideration of sections 601, 2839, and 2881 of

the House bill, and sections 502, 601, and 1072 of the Senate amendment, and modifications committed to conference:

BUD SHUSTER,

WAYNE T. GILCHREST,

BRIAN BAIRD,

Provided that Mr. Pascrell is appointed in lieu of Mr.

Baird for consideration of section 1072 of the Senate

amendment, and modifications committed to conference:

BILL PASCRELL, Jr.,

From the Committee on Veterans’ Affairs, for consideration of sections 535, 738, and 2831 of the House bill, and

sections 561–563, 648, 664–666, 671, 672, 682–684, 721,

988

722, and 1067 of the Senate amendment, and modifications committed to conference:

MICHAEL BILIRAKIS, JACK QUINN, CORRINE BROWN, From the Committee on Ways and Means, for consideration of section 725 of the House bill, and section 701 of

the Senate amendment, and modifications committed to

conference:

WILLIAM M. THOMAS, Managers on the Part of the House.

JOHN W. WARNER,

STROM THURMOND,

JOHN MCCAIN,

BOB SMITH,

JAMES INHOFE,

RICK SANTORUM,

OLYMPIA J. SNOWE,

PAT ROBERTS,

WAYNE ALLARD,

TIM HUTCHINSON,

JEFF SESSIONS,

CARL LEVIN,

EDWARD KENNEDY,

JEFF BINGAMAN,

ROBERT C. BYRD,

CHUCK ROBB,

JOE LIEBERMAN,

MAX CLELAND,

MARY L. LANDRIEU,

JACK REED,

Managers on the Part of the Senate.

Æ