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considers necessary in order fully to refocus and re-
form the processes of the Joint Requirements Over-
sight Council.
(c) DATES FOR SUBMISSION.—(1) The semiannual re-
port for the half of a fiscal year ending on March 31 of
a year shall be submitted not later than August 31 of that
year.
(2) The semiannual report for the half of a fiscal year
ending on September 30 of a year shall be submitted not
later than February 28 of the following year.
(3) The first semiannual report shall be submitted not
later than February 28, 2001, and shall cover the last half
of fiscal year 2000.
SEC. 1023. PREPAREDNESS OF MILITARY INSTALLATION
FIRST RESPONDERS FOR INCIDENTS INVOLV-
ING WEAPONS OF MASS DESTRUCTION.
(a) REQUIREMENT FOR REPORT.—Not later than 90
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report on the
program of the Department of Defense to ensure the pre-
paredness of the first responders of the Department of De-
fense for incidents involving weapons of mass destruction
on installations of the Department of Defense.
(b) CONTENT OF REPORT.—The report shall include
the following:
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(1) A detailed description of the overall pre-
paredness program.
(2) The schedule and costs associated with the
implementation of the program.
(3) The Department’s plan for coordinating the
preparedness program with responders in the commu-
nities in the localities of the installations.
(4) The Department’s plan for promoting the
interoperability of the equipment used by the installa-
tion first responders referred to in subsection (a) with
the equipment used by the first responders in those
communities.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘first responder’’ means an organi-
zation responsible for responding to an incident in-
volving 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)).
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SEC. 1024. DATE OF SUBMITTAL OF REPORTS ON SHORT-
FALLS 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. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS
AGENCY.
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—
The Comptroller General shall review each operation of the
Defense Logistics Agency—
(1) to assess—
(A) the efficiency of the operation;
(B) the effectiveness of the operation in
meeting customer requirements; and
(C) the flexibility of the operation to adopt
best business practices; and
(2) to identify alternative approaches for im-
proving the operations of the agency.
(b) REPORT.—Not later than February 1, 2002, the
Comptroller General shall submit to the Committees on
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Armed Services of the Senate and the House of Representa-
tives 1 or more reports setting forth the Comptroller Gen-
eral’s findings resulting from the review.
SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMA-
TION SYSTEMS AGENCY.
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—
The Comptroller General shall review each operation of the
Defense Information Systems Agency—
(1) to assess—
(A) the efficiency of the operation;
(B) the effectiveness of the operation in
meeting customer requirements; and
(C) the flexibility of the operation to adopt
best business practices; and
(2) to identify alternative approaches for im-
proving the information systems of the Department of
Defense.
(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 Representa-
tives one or more reports setting forth the Comptroller Gen-
eral’s findings resulting from the review.
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SEC. 1027. REPORT ON SPARE PARTS AND REPAIR PARTS
PROGRAM OF THE AIR FORCE FOR THE C–5
AIRCRAFT.
(a) FINDINGS.—Congress makes the following findings:
(1) There exists a significant shortfall in the Na-
tion’s current strategic airlift requirement, even
though strategic airlift remains critical to the na-
tional 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 particu-
larly evident in the C–5 fleet.
(4) NMCS (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, an average of 7 to 9 C–5 air-
craft were not available during that period because of
a lack of parts.
(5) Average rates of cannibalization of C–5 air-
craft per 100 sorties of such aircraft have also in-
creased during that period and are well above the Air
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Mobility Command standard. In any given month,
this 
means 
devoting 
additional 
manhours 
to
cannibalizations of C–5 aircraft. At Dover Air Force
Base, an average of 800 to 1,000 additional
manhours were required for cannibalizations of C–5
aircraft during that period. Cannibalizations are
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 sig-
nificant 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 crit-
ical asset in air mobility and airlifting heavy equip-
ment and personnel to both military contingencies
and humanitarian relief efforts around the world.
(8) Despite increased funding for spare and re-
pair parts and other efforts by the Air Force to miti-
gate the parts shortage problem, Congress continues to
receive reports of significant cannibalizations to air-
worthy C–5 aircraft and parts backlogs.
(b) REPORTS.—Not later than January 1, 2001, and
September 30, 2001, the Secretary of the Air Force shall
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submit to the congressional defense committees a report on
the overall status of the spare and repair parts program
of the Air Force for the C–5 aircraft. The report shall in-
clude the following—
(1) a statement of the funds currently allocated
to parts for the C–5 aircraft and the adequacy of such
funds to meet current and future parts and mainte-
nance requirements for that aircraft;
(2) a description of current efforts to address
shortfalls in parts for such aircraft, including an as-
sessment of potential short-term and long-term effects
of such efforts;
(3) an assessment of the effects of such shortfalls
on readiness and reliability ratings for C–5 aircraft;
(4) a description of cannibalization rates for C–
aircraft 
and 
the 
manhours 
devoted 
to
cannibalizations of such aircraft; and
(5) an assessment of the effects of parts shortfalls
and cannibalizations with respect to C–5 aircraft on
readiness and retention.
SEC. 1028. REPORT ON THE STATUS OF DOMESTIC PRE-
PAREDNESS AGAINST THE THREAT OF BIO-
LOGICAL TERRORISM.
(a) REPORT REQUIRED.—Not later than March 31,
2001, the President shall submit to the Speaker of the House
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of Representatives and the President Pro Tempore of the
Senate 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 prepared-
ness to defend against a biologic attack.
(2) The roles that various Federal agencies cur-
rently 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 intergov-
ernmental task force to assist in preparations for such
an attack.
(5) The potential role of advanced communica-
tions systems in aiding domestic preparedness against
such an attack.
(6) The potential for additional research and de-
velopment in biotechnology to aid domestic prepared-
ness against such an attack.
(7) Other measures that should be taken to aid
domestic preparedness against such an attack.
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(8) The financial resources necessary to support
efforts for domestic preparedness against such an at-
tack.
(9) The beneficial consequences of such efforts
on—
(A) the treatment of naturally occurring in-
fectious disease;
(B) the efficiency of the United States
health care system;
(C) the maintenance in the United States of
a competitive edge in biotechnology; and
(D) the United States economy.
SEC. 1029. REPORT ON GLOBAL MISSILE LAUNCH EARLY
WARNING CENTER.
Not later than March 15, 2001, the Secretary of De-
fense shall submit to the congressional defense committees
a 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 avail-
able to representatives of nations concerned with the launch
of ballistic missiles. The report shall include the Secretary’s
assessment of the advantages and disadvantages of such a
center and any other matters regarding such a center that
the Secretary considers appropriate.
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SEC. 1030. MANAGEMENT REVIEW OF WORKING-CAPITAL
FUND ACTIVITIES.
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—
The Comptroller General shall conduct a review of the work-
ing-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 Depart-
ment of Defense policy that authorizes funds available for
working-capital fund activities for one fiscal year to be obli-
gated for work to be performed at such activities within
the first 90 days of the next fiscal year (known as ‘‘carry-
over’’). 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.
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(4) What, if any, savings could be achieved by
restricting the carryover authority so as to apply to
a 30-day quantity of work.
SEC. 1031. REPORT ON SUBMARINE RESCUE SUPPORT VES-
SELS.
(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 ves-
sels through fiscal year 2007.
(b) CONTENT.—The report shall include a discussion
of the following:
(1) The requirement for submarine rescue sup-
port vessels through fiscal year 2007, including expe-
rience in changing from the provision of such vessels
from dedicated platforms to the provision of such ves-
sels through vessel of opportunity services and charter
vessels.
(2) The resources required, the risks to subma-
riners, 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.
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(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. 1032. REPORTS ON FEDERAL GOVERNMENT PROGRESS
IN DEVELOPING INFORMATION ASSURANCE
STRATEGIES.
(a) FINDINGS.—Congress makes the following findings:
(1) The protection of our Nation’s critical infra-
structure is of paramount importance to the security
of the United States.
(2) The vulnerability of our Nation’s critical sec-
tors—such as financial services, transportation, com-
munications, and energy and water supply—has in-
creased dramatically in recent years as our economy
and society have become ever more dependent on
interconnected computer systems.
(3) Threats to our Nation’s critical infrastruc-
ture will continue to grow as foreign governments,
terrorist groups, and cyber-criminals increasingly
focus on information warfare as a method of achiev-
ing their aims.
(4) Addressing the computer-based risks to our
Nation’s critical infrastructure requires extensive co-
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ordination and cooperation within and between Fed-
eral agencies and the private sector.
(5) Presidential Decision Directive No. 63
(PDD–63) identifies 12 areas critical to the func-
tioning of the United States and requires certain Fed-
eral agencies, and encourages private sector indus-
tries, to develop and comply with strategies intended
to enhance the Nation’s ability to protect its critical
infrastructure.
(6) PDD–63 requires lead Federal agencies to
work with their counterparts in the private sector to
create early warning information sharing systems
and other cyber-security strategies.
(7) PDD–63 further requires that key Federal
agencies develop their own internal information as-
surance plans, and that these plans be fully oper-
ational not later than May 2003.
(b) REPORT REQUIREMENTS.—(1) Not later than July
1, 2001, the President shall submit to Congress a com-
prehensive report detailing the specific steps taken by the
Federal Government as of the date of the report to develop
infrastructure assurance strategies as outlined by Presi-
dential Decision Directive No. 63 (PDD–63). The report
shall include the following:
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(A) A detailed summary of the progress of each
Federal agency in developing an internal information
assurance plan.
(B) The progress of Federal agencies in estab-
lishing partnerships with relevant private sector in-
dustries.
(2) Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to
Congress a detailed report on the roles and responsibilities
of the Department of Defense in defending against attacks
on critical infrastructure and critical information-based
systems. The report shall include the following:
(A) A description of the current role of the De-
partment of Defense in implementing Presidential
Decision Directive No. 63 (PDD–63).
(B) A description of the manner in which the
Department is integrating its various capabilities
and assets (including the Army Land Information
Warfare Activity (LIWA), the Joint Task Force on
Computer Network Defense (JTF-CND), and the Na-
tional Communications System) into an indications
and warning architecture.
(C) A description of Department work with the
intelligence community to identify, detect, and
counter the threat of information warfare programs
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by potentially hostile foreign national governments
and sub-national groups.
(D) A definitions of the terms ‘‘nationally sig-
nificant cyber event’’ and ‘‘cyber reconstitution’’.
(E) A description of the organization of Depart-
ment to protect its foreign-based infrastructure and
networks.
(F) An identification of the elements of a defense
against an information warfare attack, including the
integration of the Computer Network Attack Capa-
bility of the United States Space Command into the
overall cyber-defense of the United States.
Subtitle E—Information Security
SEC. 1041. 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 develop-
ment that is relevant to foreseeable computer and net-
work security requirements and information assur-
ance requirements of the Department of Defense with
a principal focus on areas not being carried out by
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other organizations in the private or public sector;
and
(2) to facilitate the exchange of information re-
garding cyberthreats, technology, tools, and other rel-
evant issues between government and nongovernment
organizations and entities.
(c) CONTRACTOR OPERATION.—The Secretary shall
enter into a contract with a not-for-profit entity or consor-
tium 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 nec-
essary by the Secretary.
(d) FUNDING.—Of the amounts authorized to be ap-
propriated under section 301(5), $10,000,000 shall be avail-
able for the Institute for Defense Computer Security and
Information Protection.
(e) REPORT.—Not later than April 1, 2001, the Sec-
retary shall submit to the congressional defense committees
the Secretary’s plan for implementing this section.
SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PRO-
GRAM.
(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:
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‘‘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 De-
partment of Defense information assurance requirements,
the Secretary of Defense may carry out programs in accord-
ance with this chapter to provide financial support for edu-
cation in disciplines relevant to those requirements at insti-
tutions of higher education.
‘‘(b) TYPES OF PROGRAMS.—The programs authorized
under this chapter are as follows:
‘‘(1) Scholarships for pursuit of programs of edu-
cation 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, sub-
ject to subsection (g), provide financial assistance in accord-
ance with this section to a person pursuing a baccalaureate
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or advanced degree in an information assurance discipline
referred to in section 2200(a) of this title at an institution
of higher education who enters into an agreement with the
Secretary as described in subsection (b).
‘‘(b) SERVICE AGREEMENT FOR SCHOLARSHIP RECIPI-
ENTS.—(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 serv-
ice determined under paragraph (2);
‘‘(B) an employee of the Department of Defense
shall enter into an agreement to continue in the em-
ployment 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 obli-
gated service determined under paragraph (2).
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‘‘(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 Sec-
retary of Defense as being appropriate to obtain adequate
service in exchange for the financial assistance and other-
wise 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 3⁄4 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 clauses
that provide the following:
‘‘(A) That the period of obligated service begins
on a date after the award of the degree that is deter-
mined 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 for termination of the fi-
nancial assistance for the person under this section.
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‘‘(C) Any other terms and conditions that the
Secretary of Defense determines appropriate for car-
rying out this section.
‘‘(c) AMOUNT OF ASSISTANCE.—The amount of the fi-
nancial 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, labora-
tory expenses, and expenses of room and board. The ex-
penses 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 INTERN-
SHIPS.—The financial assistance for a person under this
section may also be provided to support internship activi-
ties 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 ade-
quate service in exchange for financial assistance and other-
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wise to achieve the goals set forth in section 2200(a) of this
title.
‘‘(2) An obligation to reimburse the United States im-
posed 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 Sec-
retary determines that recovery would be against equity
and good conscience or would be contrary to the best inter-
ests of the United States.
‘‘(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—A dis-
charge 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 agree-
ment from a debt arising under such agreement or under
subsection (e).
‘‘(g) ALLOCATION OF FUNDING.—Not less than 50 per-
cent of the amount available for financial assistance under
this section for a fiscal year shall be available only for pro-
viding financial assistance for the pursuit of degrees re-
ferred to in subsection (a) at institutions of higher edu-
cation that have established, improved, or are admin-
istering programs of education in information assurance
under the grant program established in section 2200b of this
title, as determined by the Secretary of Defense.
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‘‘§ 2200b. Grant program
‘‘(a) AUTHORITY.—The Secretary of Defense may pro-
vide grants of financial assistance to institutions of higher
education to support the establishment, improvement, or ad-
ministration of programs of education in information as-
surance disciplines referred to in section 2200(a) of this
title.
‘‘(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 Informa-
tion Assurance Education
‘‘In the selection of a recipient for the award of a schol-
arship 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 Assur-
ance Education.
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‘‘§ 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 in-
formation 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 institu-
tion of higher education that is designated as a Cen-
ter of Academic Excellence in Information Assurance
Education by the Director of the National Security
Agency.
‘‘§ 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
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III of such subtitle are amended by inserting after the item
relating to chapter 111 the following:
‘‘112. Information Security Scholarship Program .......................................
2200’’.
(b) FUNDING.—Of the amount authorized to be appro-
priated under section 301(5), $20,000,000 shall be available
for carrying out chapter 112 of title 10, United States Code
(as added by subsection (a)).
(c) REPORT.—Not later than April 1, 2001, the Sec-
retary of Defense shall submit to the congressional defense
committees a plan for implementing the programs under
chapter 112 of title 10, United States Code.
SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND IN-
VESTIGATIONS FOR SECURITY CLEARANCES
FOR DEPARTMENT OF DEFENSE PERSONNEL.
(a) ESTABLISHMENT
OF PROCESS.—Chapter 80 of
title 10, United States Code, is amended by adding at the
end the following:
‘‘§ 1563. Security clearance investigations
‘‘(a) EXPEDITED PROCESS.—The Secretary of Defense
shall prescribe a process for expediting the completion of
the background investigations necessary for granting secu-
rity clearances for Department of Defense 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:
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‘‘(1) Quantification of the requirements for back-
ground investigations necessary for grants of security
clearances for Department of Defense 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 secu-
rity.
‘‘(3) Prioritization of the processing of back-
ground investigations on the basis of the categories of
personnel.
‘‘(c) ANNUAL REVIEW.—The Secretary shall review,
each year, the process prescribed under subsection (a) and
shall revise it as determined necessary in relation to ongo-
ing Department of Defense missions.
‘‘(d) CONSULTATION REQUIREMENT.—The Secretary
shall consult with the Secretaries of the military depart-
ments and the heads of Defense Agencies in carrying out
this section.
‘‘(e) SENSITIVE DUTIES.—For the purposes of this sec-
tion, 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 na-
tional security.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following:
‘‘1563. Security clearance investigations.’’.
SEC. 1044. 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 fol-
lowing new section:
‘‘§ 130c. Nondisclosure of information: certain sen-
sitive information of foreign governments
and international organizations
‘‘(a) EXEMPTION FROM DISCLOSURE.—The national
security official concerned (as defined in subsection (g))
may withhold from public disclosure otherwise required by
law sensitive information of foreign governments in accord-
ance with this section.
‘‘(b) INFORMATION ELIGIBLE FOR EXEMPTION.—For
the purposes of this section, information is sensitive infor-
mation of a foreign government only if the national security
official concerned makes each of the following determina-
tions with respect to the information:
‘‘(1) That the information was provided by, oth-
erwise made available by, or produced in cooperation
with, a foreign government or international organiza-
tion.
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‘‘(2) That the foreign government or inter-
national organization is withholding the information
from public disclosure (relying for that determination
on the written representation of the foreign govern-
ment or international organization to that effect).
‘‘(3) That any of the following conditions are
met:
‘‘(A) The foreign government or inter-
national 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 infor-
mation, or is in a category of information, that
the national security official concerned has speci-
fied 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 na-
tional security official concerned provides to the head of an-
other agency sensitive information of a foreign government,
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as determined by that national security official under sub-
section (b), and informs the head of the other agency of that
determination, then the head of the other agency shall with-
hold the information from any public disclosure unless that
national security official specifically authorizes the disclo-
sure.
‘‘(d) LIMITATIONS.—(1) If a request for disclosure cov-
ers 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 National Defense Authoriza-
tion 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 sub-
section (b)) that came into the possession or under the con-
trol 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 gov-
ernment or international organization in a request or
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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 gov-
ernments or international organizations, the latest
date so specified by any of them.
‘‘(C) If no date is applicable under subparagraph (B)
to a request referred to in subparagraph (A) and the infor-
mation referred to in that subparagraph came into posses-
sion 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 con-
cerned in accordance with the regulations prescribed under
subsection (g)(2), any such government or organization re-
quests in writing that the information not be disclosed for
an additional period stated in the request of that govern-
ment or organization. After the national security official
concerned considers the request of the foreign government
or international organization, the official shall designate a
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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 for-
eign government or international organization under this
paragraph.
‘‘(e) INFORMATION PROTECTED UNDER OTHER AU-
THORITY.—This section does not apply to information or
matters that are specifically required in the interest of na-
tional defense or foreign policy to be protected against un-
authorized disclosure under criteria established by an Exec-
utive 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 with-
hold, or to authorize the withholding of, information from
the following:
‘‘(1) Congress.
‘‘(2) The Comptroller General, unless the infor-
mation relates to activities that the President des-
ignates as foreign intelligence or counterintelligence
activities.
‘‘(g) REGULATIONS.—(1) The national security offi-
cials referred to in subsection (h)(1) shall each prescribe reg-
ulations to carry out this section. The regulations shall in-
clude criteria for making the determinations required under
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subsection (b). The regulations may provide for controls on
access to and use of, and special markings and specific safe-
guards for, a category or categories of information subject
to this section.
‘‘(2) The regulations shall include procedures for noti-
fying and consulting with each foreign government or inter-
national organization concerned about requests for disclo-
sure of information to which this section applies.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘national security official con-
cerned’ 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.
‘‘(C) The Secretary of Energy, with respect
to information concerning the national security
programs of the Department of Energy, as deter-
mined by the Secretary.
‘‘(2) The term ‘agency’ has the meaning given
that term in section 552(f) of title 5.
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‘‘(3) The term ‘international organization’
means the following:
‘‘(A) A public international organization
designated pursuant to section 1 of the Inter-
national 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 inter-
national agreement as an instrument through or
by which two or more foreign governments en-
gage in some aspect of their conduct of inter-
national affairs.
‘‘(C) An official mission, except a United
States mission, to a public international organi-
zation 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 gov-
ernments and international organizations.’’.
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SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE
DEFENSE INTELLIGENCE AGENCY.
(a) AUTHORITY.—Subchapter I of chapter 21 of title
10, United States Code, is amended by adding at the end
the following:
‘‘§ 426. Protection of sensitive information: oper-
ational files of the Defense Intelligence
Agency
‘‘(a) 
AUTHORITY
TO
WITHHOLD
OPERATIONAL
FILES.—The Secretary of Defense may withhold from pub-
lic disclosure operational files described in subsection (b)
to the same extent that operational files may be withheld
under section 701 of the National Security Act of 1947 (50
U.S.C. 431), subject to judicial review under the same cir-
cumstances and to the same extent as is provided in sub-
section (f) of such section.
‘‘(b) DECENNIAL
REVIEW
OF
EXEMPTED
OPER-
ATIONAL FILES.—Section 702 of the National Security Act
of 1947 (50 U.S.C. 432), setting forth requirements for de-
cennial review of exemptions from public disclosure and re-
lated provisions for judicial review shall apply with respect
to the exemptions from public disclosure that are in force
under subsection (a), subject to the following requirements:
‘‘(1) The Secretary of Defense shall conduct the
decennial review under this subsection.
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‘‘(2) In the application of the judicial review
provisions under subsection (c) of such section 702—
‘‘(A) the references to the Central Intel-
ligence Agency shall be deemed to refer to the
Secretary of Defense; and
‘‘(B) the reference in paragraph (1) of that
subsection to the period for the first review shall
be deemed to refer to the 10-year period begin-
ning on the day after the date of the enactment
of the National Defense Authorization Act for
Fiscal Year 2001.
‘‘(c) OPERATIONAL FILES DEFINED.—In this section,
the term ‘operational files’ has the meaning given that term
in section 701(b) of the National Security Act of 1947 (50
U.S.C. 431(b)), except that the references to elements of the
Central Intelligence Agency do not apply.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following:
‘‘426. Protection of sensitive information: operational files of the Defense Intel-
ligence Agency.’’.
Subtitle F—Other Matters
SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVER-
SARY OF THE UNIFORM CODE OF MILITARY
JUSTICE.
(a) FINDINGS.—Congress makes the following findings:
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(1) The American military justice system pre-
dates the United States itself, having had a contin-
uous existence since the enactment of the first Amer-
ican 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 in World War I and World War II
led both to significant statutory reforms in the Arti-
cles of War and to the convening of a committee,
under Department of Defense auspices, to draft a uni-
form code of military justice applicable to all of the
Armed Forces.
(4) The committee, chaired by Professor Edmund
M. Morgan of Harvard Law School, made rec-
ommendations that formed the basis of bills intro-
duced in Congress to establish such a uniform code of
military justice.
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(5) After lengthy hearings and debate on the con-
gressional proposals, the Uniform Code of Military
Justice was enacted into law on May 5, 1950, when
President Harry S. Truman signed the legislation.
(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 Uni-
form Code of Military Justice was the establishment
of a civilian court of appeals within the military jus-
tice 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 Uni-
form 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 jus-
tice 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
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Forces. These courts have produced a unique body of
jurisprudence upon which commanders and judge ad-
vocates rely in the performance of their duties.
(10) It is altogether fitting that the fiftieth anni-
versary of the Uniform Code of Military Justice be
duly commemorated.
(b) COMMEMORATION.—The Congress—
(1) requests the President to issue a proclama-
tion commemorating the fiftieth 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 Ap-
peals for the Armed Forces to commemorate the occa-
sion with ceremonies and activities befitting its im-
portance.
SEC. 1052. TECHNICAL CORRECTIONS.
(a) THRESHOLD
DATE
FOR
EFFECTIVENESS
OF
AGREEMENTS TO MAKE AN SBP ELECTION.—(1) Section
657(a)(1)(A) of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 113 Stat. 668; 10
U.S.C. 1450 note) is amended by striking ‘‘August 21,
1983’’ and inserting ‘‘August 19, 1983’’.
(2) The amendment made by paragraph (1) shall take
effect as of October 5, 1999, and shall apply as if included
in section 657(a)(1)(A) of Public Law 106–65 on that date.
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(b) STATE OF INCORPORATION OF FLEET RESERVE
ASSOCIATION.—Sections 70102(a) and 70108(a) of title 36,
United States Code, are amended by striking ‘‘Delaware’’
and inserting ‘‘Pennsylvania’’.
SEC. 1053. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED
CROSS EMPLOYEES FOR ENROLLMENT IN DE-
PARTMENT OF DEFENSE DOMESTIC DEPEND-
ENT SCHOOLS IN PUERTO RICO.
Section 2164 of title 10, United States Code, is amend-
ed by adding at the end the following:
‘‘(i) AMERICAN RED CROSS EMPLOYEE DEPENDENTS
IN PUERTO RICO.—(1) The Secretary of Defense may au-
thorize a dependent of an employee of the American Red
Cross performing armed forces emergency services in Puerto
Rico to enroll in an educational program provided by the
Secretary pursuant to subsection (a) in Puerto Rico.
‘‘(2) In determining the dependency status of any per-
son 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 ad-
ministration of this section.
‘‘(3) The Secretary shall be paid for the educational
services and related items provided to a student under para-
graph (1). To determine the amount for educational serv-
ices, the Secretary shall allocate to the student a share, con-
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sidered appropriate by the Secretary, of the costs of pro-
viding the educational program in which the student is en-
rolled. The Secretary shall enter into such agreements or
take such other actions as the Secretary determines nec-
essary to ensure that the payments required under this
paragraph are made.’’.
SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED
FORCES EMERGENCY SERVICES.
(a) GRANTS AUTHORIZED.—The Secretary of Defense
may, subject to subsection (b), make a grant to the Amer-
ican Red Cross of up to $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.—A grant may not be
made for a fiscal year under subsection (a) until the Sec-
retary receives from the American Red Cross a certification
providing assurances satisfactory to the Secretary that the
American Red Cross will expend for the Armed Forces
Emergency Services program for that fiscal year funds, de-
rived from sources other than the Federal Government, in
a total amount that equals or exceeds the amount of the
grant.
(c) FUNDING.—Of the amount authorized to be appro-
priated by section 301 for operation and maintenance for
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Defense-wide activities, $9,400,000 shall be available for
grants made under this section.
SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPART-
MENT OF DEFENSE PERSONNEL.
(a) ESTABLISHMENT OF PROGRAM.—To encourage De-
partment of Defense personnel in areas described in sub-
section (b) to use means other than single-occupancy motor
vehicles to commute to or from work, the Secretary of De-
fense shall exercise the authority provided in section 7905
of title 5, United States Code, to establish a program to
provide the personnel in such areas with a transit pass ben-
efit under subsection (b)(2)(A) of such section.
(b) COVERED AREAS.—The Secretary shall establish
the program required by subsection (a) in the areas which
do not meet the revised national ambient air quality stand-
ards under section 109 of the Clean Air Act (42 U.S.C.
7409).
(c) TIME FOR IMPLEMENTATION.—The Secretary shall
prescribe the effective date for the program required under
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 enact-
ment of this Act.
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SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMA-
TION TO THE PUBLIC.
(a) ARMY.—(1) Chapter 437 of title 10, United States
Code, is amended by adding at the end the following:
‘‘§ 4595. Army Military History Institute: fee for pro-
viding historical information to the pub-
lic
‘‘(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 pro-
viding 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
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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 chap-
ter is amended by adding at the end the following:
‘‘4595. Army Military History Institute: fee for providing historical information
to the public.’’.
(b) NAVY.—(1) Chapter 649 of such title 10 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
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States Naval Historical Center or the Marine Corps Histor-
ical 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
‘‘(2) for a release of information under section
552 of title 5.
‘‘(c) LIMITATION ON AMOUNT.—A fee charged for pro-
viding 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 Histor-
ical Center in any fiscal year shall be credited to the appro-
priation 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
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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 title 10, United
States Code, and the beginning of part IV of such subtitle
is amended by striking out ‘‘Related’’.
(c) AIR FORCE.—(1) Chapter 937 of title 10, United
States Code, is amended by adding at the end the following
new section:
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‘‘§ 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 pro-
viding 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 Air Force Military History Institute
during that fiscal year.
‘‘(e) DEFINITIONS.—In this section:
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‘‘(1) The term ‘United States Air Force Military
History Institute’ means the archive for historical
records and materials of the Air Force that the Sec-
retary of the Air Force designates as the primary ar-
chive 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 chap-
ter is amended by adding at the end the following new item:
‘‘9594. Air Force Military History Institute: fee for providing historical informa-
tion to the public.’’.
SEC. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFOR-
MATION 
FOR 
NATIONAL 
SECURITY 
PUR-
POSES.
(a) CONDITIONS
FOR AVAILABILITY
OF INFORMA-
TION.—Subsection (b) of section 9101 of title 5, United
States Code, is amended—
(1) by striking paragraph (3);
(2) by redesignating paragraph (2) as para-
graph (4);
(3) in paragraph (1)—
(A) in the first sentence—
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(i) by inserting ‘‘the Department of
Transportation,’’ after ‘‘the Department of
State,’’; and
(ii) by inserting ‘‘the following:’’ after
‘‘eligibility for’’; and
(B) by striking ‘‘(A) access to classified in-
formation’’ and all that follows through the end
of the paragraph and inserting the following:
‘‘(A) Access to classified information.
‘‘(B) Assignment to or retention in sensitive na-
tional 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 posi-
tion while either employed by the Federal Government
or performing a Federal Government contract.
‘‘(2) If the criminal justice agency possesses the capa-
bility to provide automated criminal history record infor-
mation based on a search of its records by name and other
common identifiers, the agency shall provide the requester
with full criminal history record information for individ-
uals who meet the matching criteria.
‘‘(3) Fees, if any, charged for providing criminal his-
tory record information pursuant to this subsection may
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not exceed the reasonable cost of providing such information
through an automated name search.’’; and
(4) by adding at the end the following:
‘‘(5) A criminal justice agency may not require, as a
condition for the release of criminal history record informa-
tion under this subsection, that any official of a department
or agency named in paragraph (1) enter into an agreement
with a State or local government to indemnify and hold
harmless the State or locality for damages, costs, or other
monetary loss arising from the disclosure or use by that
department or agency of criminal history record informa-
tion obtained from the State or local government pursuant
to this subsection.’’.
(b) USE OF AUTOMATED INFORMATION DELIVERY SYS-
TEMS.—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 a
department or agency under subsection (b) whenever avail-
able.
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‘‘(2) Fees, if any, charged for automated access through
such systems may not exceed the reasonable cost of pro-
viding such access.
‘‘(3) The criminal justice agency providing the crimi-
nal 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 re-
spond to requests for criminal history record information
through such systems with printed or photocopied records
when requested.’’.
SEC. 1058. 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 au-
thorized and appropriated funds for a total of 10
‘‘NIMITZ’’ class aircraft carriers.
(2) The last vessel in the ‘‘NIMITZ’’ class of air-
craft carriers, CVN–77, is currently under construc-
tion 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).
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(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).
(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 ves-
sel 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 diplo-
macy and as one of the principal means for the de-
fense of the United States and our allies around the
world.
(6) The name bestowed upon aircraft carrier
CVN–77 should embody the American spirit and pro-
vide a lasting symbol of the American commitment to
freedom.
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(7) The name ‘‘Lexington’ has been a symbol of
freedom from the first battle of the American Revolu-
tion.
(8) The two aircraft carriers previously named
U.S.S. Lexington (the CV–2 and the CV–16) served
our Nation for 64 years, served in World War II, and
earned 13 battle stars.
(9) One of those honored vessels, the CV–2, was
lost after having given gallant fight at the Battle of
Coral Sea in 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 dur-
ing 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 who
are today respectfully referred to as the ‘‘Greatest
Generation’’; and
(2) as a special tribute to the 16,000,000 vet-
erans of the Armed Forces who served on land, sea,
and air during World War II (of whom less than
6,000,000 remain alive today) and a lasting symbol
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of their commitment to freedom as they pass on hav-
ing proudly taken their place in history.
SEC. 1059. DONATION OF CIVIL WAR CANNON.
(a) AUTHORITY.—The Secretary of the Army shall
convey all right, title, and interest of the United States in
and to the Civil War era cannon described in subsection
(b) to the Edward Dorr Tracey, Jr. Camp 18 of the Sons
of the Confederate Veterans.
(b) PROPERTY TO BE CONVEYED.—The cannon re-
ferred to in subsection (a) is 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.’’.
(c) CONSIDERATION.—No consideration may be re-
quired by the Secretary for the conveyance of the cannon
under this section.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions
in connection with the conveyance under this section as the
Secretary considers appropriate to protect the interests of
the United States.
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(e) RELATIONSHIP TO OTHER LAW.—The conveyance
required under this section may be carried out without re-
gard to the Act entitled ‘‘An Act for the preservation of
American antiquities’’, approved June 8, 1906 (34 Stat.
225; 16 U.S.C. 431 et seq.), popularly referred to as the
‘‘Antiquities Act of 1906’’.
SEC. 1060. 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 com-
bined’’ in paragraphs (2) and (3) and inserting ‘‘the max-
imum size allowed by the Postal Service for fourth class
parcel post (known as ‘Standard Mail (B)’ ’’.
SEC. 1061. AEROSPACE INDUSTRY BLUE RIBBON COMMIS-
SION.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States aerospace industry, com-
posed of manufacturers of commercial, military, and
business aircraft, helicopters, aircraft engines, mis-
siles, spacecraft, materials, and related components
and equipment, has a unique role in the economic
and national security of our Nation.
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(2) In 1999, the aerospace industry continued to
produce, at $37,000,000,000, the largest trade surplus
of any industry in the United States economy.
(3) The United States aerospace industry em-
ploys 800,000 Americans in highly skilled positions
associated with manufacturing aerospace products.
(4) United States aerospace technology is pre-
eminent in the global marketplace for both defense
and commercial products.
(5) History since World War I has demonstrated
that a superior aerospace capability usually deter-
mines victory in military operations and that a ro-
bust, technically innovative aerospace capability will
be essential for maintaining United States military
superiority in the 21st century.
(6) Federal Government policies concerning in-
vestment in aerospace research and development and
procurement, controls on the export of services and
goods containing advanced technologies, and other as-
pects of the Government-industry relationship will
have a critical impact on the ability of the United
States aerospace industry to retain its position of
global leadership.
(7) Recent trends in investment in aerospace re-
search and development, in changes in global aero-
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space market share, and in the development of com-
petitive, non-United States aerospace industries could
undermine the future role of the United States aero-
space industry in the national economy and in the se-
curity of the Nation.
(8) Because the United States aerospace industry
stands at an historical crossroads, it is advisable for
the President and Congress to appoint a blue ribbon
commission to assess the future of the industry and
to make recommendations for Federal Government ac-
tions to ensure United States preeminence in aero-
space in the 21st century.
(b) ESTABLISHMENT.—There is established a Blue
Ribbon Commission on the Future of the United States
Aerospace Industry.
(c) MEMBERSHIP.—(1) The Commission shall be com-
posed of 12 members appointed, not later than March 1,
2001, as follows:
(A) Up to 6 members appointed by the Presi-
dent.
(B) Two members appointed by the Majority
Leader of the Senate.
(C) Two members appointed by the Speaker of
the House of Representatives.
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(D) One member appointed by the Minority
Leader of the Senate.
(E) One member appointed by the Minority
Leader of the House of Representatives.
(2) The members of the Commission shall be appointed
from among—
(A) persons with extensive experience and na-
tional reputations in aerospace manufacturing, eco-
nomics, finance, national security, international
trade or foreign policy; and
(B) persons who are representative of labor orga-
nizations associated with the aerospace industry.
(3) Members shall be appointed for the life of the Com-
mission. Any 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.
(5) The Commission shall meet at the call of the Chair-
man. A majority of the members shall constitute a quorum,
but a lesser number may hold hearings for the Commission.
(d) DUTIES.—(1) The Commission shall—
(A) study the issues associated with the future of
the United States aerospace industry in the global
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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 se-
curity of the United States.
(2) In order to fulfill its responsibilities, the Commis-
sion shall study the following:
(A) The budget process of the Federal Govern-
ment, particularly with a view to assessing the ade-
quacy of projected budgets of the Federal Government
agencies for aerospace research and development and
procurement.
(B) The acquisition process of the Federal Gov-
ernment, particularly with a view to assessing—
(i) the adequacy of the current acquisition
process of Federal agencies; and
(ii) the procedures for developing and field-
ing aerospace systems incorporating new tech-
nologies in a timely fashion.
(C) The policies, procedures, and methods for the
financing and payment of government contracts.
(D) Statutes and regulations governing inter-
national trade and the export of technology, particu-
larly with a view to assessing—
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(e) 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) Recommendations for actions by Federal
Government agencies to support the maintenance of a
robust aerospace industry in the United States in the
21st century.
(C) A discussion of the appropriate means for
implementing the recommendations.
(f) IMPLEMENTATION
OF RECOMMENDATIONS.—The
heads of the executive agencies of the Federal Government
having responsibility for matters covered by recommenda-
tions of the Commission shall consider the implementation
of those recommendations in accordance with regular ad-
ministrative procedures. The Director of the Office of Man-
agement and Budget shall coordinate the consideration of
the recommendations among the heads of those agencies.
(g) ADMINISTRATIVE REQUIREMENTS AND AUTHORI-
TIES.—(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 Commis-
sion shall be paid from funds available to the Director.
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(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 Act.
(3) The Commission may secure directly from any de-
partment or agency of the Federal Government any infor-
mation that the Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair-
man of the Commission, 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 Federal Government.
(5) The Commission is an advisory committee for the
purposes of the Federal Advisory Committee Act (5 U.S.C.
App. 2).
(h) COMMISSION PERSONNEL MATTERS.—(1) Members
of the Commission shall serve without additional compensa-
tion for their service on the Commission, except that mem-
bers 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
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places of business in the performance of services for the
Commission.
(2) The Chairman of the Commission may, without
regard to the civil service laws and regulations, appoint
and terminate any staff that may be necessary to enable
the Commission to perform its duties. The employment of
a head of staff shall be subject to confirmation by the Com-
mission. The Chairman may fix the compensation of the
staff 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 rates of pay fixed by
the Chairman shall be in compliance with the guidelines
prescribed under section 7(d) of the Federal Advisory Com-
mittee Act.
(3) Any Federal Government employee may be detailed
to the Commission without reimbursement. Any such detail
shall be without interruption or loss of civil status or privi-
lege.
(4) The Chairman may procure temporary and inter-
mittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the
daily equivalent of the annual rate of basic pay prescribed
for level V of the Executive Schedule under section 5316
of such title.
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(i) TERMINATION.—The Commission shall terminate
30 days after the submission of the report under subsection
(e).
SEC. 1062. REPORT TO CONGRESS REGARDING EXTENT AND
SEVERITY OF CHILD POVERTY.
(a) IN GENERAL.—Not later than June 1, 2001 and
prior to any reauthorization of the temporary assistance
to needy families program under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) for any fiscal
year after fiscal year 2002, the Secretary of Health and
Human Services (in this section referred to as the ‘‘Sec-
retary’’) shall report to Congress on the extent and severity
of child poverty in the United States. Such report shall,
at a minimum—
(1) determine for the period since the enactment
of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104–193; 110
Stat. 2105)—
(A) whether the rate of child poverty in the
United States has increased;
(B) whether the children who live in poverty
in the United States have gotten poorer; and
(C) how changes in the availability of cash
and non-cash benefits to poor families have af-
fected child poverty in the United States;
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(2) identify alternative methods for defining
child poverty that are based on consideration of fac-
tors other than family income and resources, includ-
ing consideration of a family’s work-related expenses;
and
(3) contain multiple measures of child poverty in
the United States that may include the child poverty
gap and the extreme poverty rate.
(b) LEGISLATIVE PROPOSAL.—If the Secretary deter-
mines that during the period since the enactment of the Per-
sonal Responsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104–193; 110 Stat. 2105) the ex-
tent or severity of child poverty in the United States has
increased to any extent, the Secretary shall include with
the report to Congress required under subsection (a) a legis-
lative proposal addressing the factors that led to such in-
crease.
SEC. 1063. IMPROVING PROPERTY MANAGEMENT.
(a) IN GENERAL.—Section 203(p)(1)(B)(ii) of the Fed-
eral Property and Administrative Services Act of 1949 (40
U.S.C. 484(p)(1)(B)(ii)) is amended by striking ‘‘July 31,
2000’’ and inserting ‘‘December 31, 2002’’.
(b) CONFORMING AMENDMENT.—Section 233 of Ap-
pendix E of Public Law 106–113 (113 Stat. 1501A–301)
is repealed.
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SEC. 1064. SENSE OF THE SENATE REGARDING TAX TREAT-
MENT OF MEMBERS RECEIVING SPECIAL PAY.
It is the sense of the Senate that members of the Armed
Forces who receive special pay for duty subject to hostile
fire or imminent danger (37 U.S.C. 310) should receive the
same tax treatment as members serving in combat zones.
SEC. 1065. DEPARTMENT OF DEFENSE PROCESS FOR DECI-
SIONMAKING IN CASES OF FALSE CLAIMS.
Not later than February 1, 2001, the Secretary of De-
fense shall submit to Congress a report describing the poli-
cies and procedures for Department of Defense decision-
making 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.
SEC. 1066. SENSE OF THE SENATE CONCERNING LONG-
TERM ECONOMIC DEVELOPMENT AID FOR
COMMUNITIES REBUILDING FROM HURRI-
CANE FLOYD.
(a) FINDINGS.—The Senate finds that—
(1) during September 1999, Hurricane Floyd
ran a path of destruction along the entire eastern sea-
board from Florida to Maine;
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(2) Hurricane Floyd was the most destructive
natural disaster in the history of the State of North
Carolina and most costly natural disaster in the his-
tory of the State of New Jersey;
(3) the Federal Emergency Management Agency
declared Hurricane Floyd the eighth worst natural
disaster of the past decade;
(4) although the Federal Emergency Manage-
ment Agency coordinates the Federal response to nat-
ural disasters that exceed the capabilities of State and
local governments and assists communities to recover
from those disasters, the Federal Emergency Manage-
ment Agency is not equipped to provide long-term
economic recovery assistance;
(5) it has been 9 months since Hurricane Floyd
and the Nation has hundreds of communities that
have yet to recover from the devastation caused by
that disaster;
(6) in the past, Congress has responded to nat-
ural disasters by providing additional economic com-
munity development assistance to communities recov-
ering from those disasters, including $250,000,000 for
Hurricane Georges in 1998, $552,000,000 for Red
River Valley floods in North Dakota in 1997,
$25,000,000 for Hurricanes Fran and Hortense in
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1996, and $725,000,000 for the Northridge Earth-
quake in California in 1994;
(7) additional assistance provided by Congress to
communities recovering from natural disasters has
been in the form of community development block
grants administered by the Department of Housing
and Urban Development;
(8) communities affected by Hurricane Floyd are
facing similar recovery needs as have victims of other
natural disasters and will need long-term economic
recovery plans to make them strong again; and
(9) on April 7, 2000, the Senate passed amend-
ment number 3001 to S. Con. Res. 101, which amend-
ment would allocate $250,000,000 in long-term eco-
nomic development aid to assist communities rebuild-
ing from Hurricane Floyd, including $150,000,000 in
community development block grant funding and
$50,000,000 in rural facilities grant funding.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) communities devastated by Hurricane Floyd
should know that, in the past, Congress has responded
to natural disasters by demonstrating a commitment
to helping affected States and communities to recover;
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(2) the Federal response to natural disasters has
traditionally been quick, supportive, and appropriate;
(3) recognizing that communities devastated by
Hurricane Floyd are facing tremendous challenges as
they begin their recovery, the Federal agencies that
administer community and regional development pro-
grams should expect an increase in applications and
other requests from these communities;
(4) community development block grants admin-
istered by the Department of Housing and Urban De-
velopment, grant programs administered by the Eco-
nomic Development Administration, and the Commu-
nity Facilities Grant Program administered by the
Department of Agriculture are resources that commu-
nities have used to accomplish revitalization and eco-
nomic development following natural disasters; and
(5) additional community and regional develop-
ment funding, as provided for in amendment number
3001 to S. Con. Res. 101, as passed by the Senate on
April 7, 2000, should be appropriated to assist com-
munities in need of long-term economic development
aid as a result of damage suffered by Hurricane
Floyd.
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SEC. 1067. AUTHORITY TO PROVIDE HEADSTONES OR
MARKERS FOR MARKED GRAVES OR OTHER-
WISE COMMEMORATE CERTAIN INDIVIDUALS.
(a) IN GENERAL.—Section 2306 of title 38, United
States Code, is amended—
(1) in subsections (a) and (e)(1), by striking ‘‘the
unmarked graves of’’; and
(2) by adding at the end the following:
‘‘(f) A headstone or marker furnished under subsection
(a) shall be furnished, upon request, for the marked grave
or unmarked grave of the individual or at another area ap-
propriate for the purpose of commemorating the indi-
vidual.’’.
(b) APPLICABILITY.—(1) Except as provided in para-
graph (2), the amendment to subsection (a) of section 2306
of title 38, United States Code, made by subsection (a) of
this section, and subsection (f) of such section 2306, as
added by subsection (a) of this section, shall apply with
respect to burials occurring before, on, or after the date of
the enactment of this Act.
(2) The amendments referred to in paragraph (1) shall
not apply in the case of the grave for any individual who
died before November 1, 1990, for which the Administrator
of Veterans’ Affairs provided reimbursement in lieu of fur-
nishing a headstone or marker under subsection (d) of sec-
tion 906 of title 38, United States Code, as such subsection
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was in effect after September 30, 1978, and before November
1, 1990.
SEC. 1068. COMPREHENSIVE STUDY AND SUPPORT FOR
CRIMINAL INVESTIGATIONS AND PROSECU-
TIONS BY STATE AND LOCAL LAW ENFORCE-
MENT OFFICIALS.
(a) STUDIES.—
(1) COLLECTION OF DATA.—
(A) DEFINITION OF RELEVANT OFFENSE.—
In this paragraph, the term ‘‘relevant offense’’
means a crime described in subsection (b)(1) of
the first section of Public Law 101–275 (28
U.S.C. 534 note) and a crime that manifests evi-
dence of prejudice based on gender or age.
(B) COLLECTION FROM CROSS-SECTION OF
STATES.—Not later than 120 days after the date
of enactment of this Act, the Comptroller General
of the United States, in consultation with the
National Governors’ Association, shall select 10
jurisdictions with laws classifying certain types
of offenses as relevant offenses and 10 jurisdic-
tions without such laws from which to collect the
data described in subparagraph (C) over a 12-
month period.
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(C) DATA TO BE COLLECTED.—The data de-
scribed in this paragraph are—
(i) the number of relevant offenses that
are reported and investigated in the juris-
diction;
(ii) the percentage of relevant offenses
that are prosecuted and the percentage that
result in conviction;
(iii) the duration of the sentences im-
posed for crimes classified as relevant of-
fenses in the jurisdiction, compared with the
length of sentences imposed for similar
crimes committed in jurisdictions with no
laws relating to relevant offenses; and
(iv) references to and descriptions of
the laws under which the offenders were
punished.
(D) 
COSTS.—Participating 
jurisdictions
shall be reimbursed for the reasonable and nec-
essary costs of compiling data collected under
this paragraph.
(2) STUDY OF RELEVANT OFFENSE ACTIVITY.—
(A) IN
GENERAL.—Not later than 18
months after the date of enactment of this Act,
the Comptroller General of the United States
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shall complete a study and submit to Congress a
report that analyzes the data collected under
paragraph (1) and under section 534 of title 28,
United States Code, to determine the extent of
relevant offense activity throughout the United
States and the success of State and local officials
in combating that activity.
(B) IDENTIFICATION
OF
TRENDS.—In the
study conducted under subparagraph (A), the
Comptroller General of the United States shall
identify any trends in the commission of rel-
evant offenses specifically by—
(i) geographic region;
(ii) type of crime committed; and
(iii) the number and percentage of rel-
evant offenses that are prosecuted and the
number for which convictions are obtained.
(b) ASSISTANCE OTHER THAN FINANCIAL ASSIST-
ANCE.—At the request of a law enforcement official of a
State or a political subdivision of a State, the Attorney
General, acting through the Director of the Federal Bureau
of Investigation and in cases where the Attorney General
determines special circumstances exist, may provide tech-
nical, forensic, prosecutorial, or any other assistance in the
criminal investigation or prosecution of any crime that—
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(1) constitutes a crime of violence (as defined in
section 16 of title 18, United States Code);
(2) constitutes a felony under the laws of the
State; and
(3) is motivated by animus against the victim
by reason of the membership of the victim in a par-
ticular class or group.
(c) GRANTS.—
(1) IN GENERAL.—The Attorney General may, in
cases where the Attorney General determines special
circumstances exist, make grants to States and local
subdivisions of States to assist those entities in the in-
vestigation and prosecution of crimes motivated by
animus against the victim by reason of the member-
ship of the victim in a particular class or group.
(2) ELIGIBILITY.—A State or political subdivi-
sion of a State applying for assistance under this sub-
section shall—
(A) describe the purposes for which the
grant is needed; and
(B) certify that the State or political sub-
division lacks the resources necessary to inves-
tigate or prosecute a crime motivated by animus
against the victim by reason of the membership
of the victim in a particular class or group.
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(3) DEADLINE.—An application for a grant
under this subsection shall be approved or dis-
approved by the Attorney General not later than 10
days after the application is submitted.
(4) GRANT AMOUNT.—A grant under this sub-
section shall not exceed $100,000 for any single case.
(5) REPORT AND AUDIT.—Not later than Decem-
ber 31, 2001, the Attorney General, in consultation
with the National Governors’ Association, shall—
(A) submit to Congress a report describing
the applications made for grants under this sub-
section, the award of such grants, and the effec-
tiveness of the grant funds awarded; and
(B) conduct an audit of the grants awarded
under this subsection to ensure that such grants
are used for the purposes provided in this sub-
section.
(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $5,000,000 for
each of the fiscal years 2001 and 2002 to carry out
this section.
SEC. 1069. STUDENT LOAN REPAYMENT PROGRAMS.
(a) STUDENT LOANS.—Section 5379(a)(1)(B) of title
5, United States Code, is amended—
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(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.)’’.
(b) PERSONNEL COVERED.—
(1) 
INELIGIBLE
PERSONNEL.—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 ex-
cepted from the competitive service because of its confiden-
tial, policy-determining, policy-making, or policy-advo-
cating character.’’.
(2) PERSONNEL RECRUITED OR RETAINED.—Sec-
tion 5379(b)(1) of title 5, United States Code, is
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amended by striking ‘‘professional, technical, or ad-
ministrative’’.
(c) REGULATIONS.—
(1) PROPOSED
REGULATIONS.—Not later than
60 days after the date of enactment of this Act, the
Director of the Office of Personnel Management (re-
ferred to in this section as the ‘‘Director’’) 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) FINAL REGULATIONS.—Not later than 240
days after the date of enactment of this Act, the Di-
rector shall issue final regulations described in para-
graph (1).
(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
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‘‘(C) the cost to the Federal Government of pro-
viding the benefits.
‘‘(2) The Director of the Office of Personnel Manage-
ment shall prepare, and annually submit to Congress, a re-
port containing the information submitted under para-
graph (1), and information identifying the agencies that
have provided the benefits described in paragraph (1).’’.
SEC. 1070. SENSE OF THE SENATE ON THE MODERNIZATION
OF AIR NATIONAL GUARD F–16A UNITS.
(a) FINDINGS.—Congress finds that:
(1) Certain United States Air Force Air Na-
tional Guard fighter units are flying some of the
world’s oldest and least capable F–16A aircraft which
are approaching the end of their service lives.
(2) The aircraft are generally incompatible with
those flown by the active force and therefore cannot be
effectively deployed to theaters of operation to support
contingencies and to relieve the high operations tempo
of active duty units.
(3) The Air Force has specified no plans to re-
place these obsolescent aircraft before the year 2007 at
the earliest.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that in light of these findings the Air Force should, by
February 1, 2001, provide the Congress with a plan to mod-
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ernize and upgrade the combat capabilities of those Air Na-
tional Guard units that are now flying F–16As so they can
deploy as part of Air Expeditionary Forces and assist in
relieving the high operations tempo of active duty units.
SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY TO EN-
GAGE IN COMMERCIAL ACTIVITIES AS SECU-
RITY FOR INTELLIGENCE COLLECTION AC-
TIVITIES.
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. 1072. FIREFIGHTER INVESTMENT AND RESPONSE EN-
HANCEMENT.
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:
‘‘SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE EN-
HANCEMENT.
‘‘(a) DEFINITION OF FIREFIGHTING PERSONNEL.—In
this section, the term ‘firefighting personnel’ means individ-
uals, including volunteers, who are firefighters, officers of
fire departments, or emergency medical service personnel of
fire departments.
‘‘(b) ASSISTANCE PROGRAM.—
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‘‘(1) AUTHORITY.—In accordance with this sec-
tion, the Director may—
‘‘(A) make grants on a competitive basis to
fire departments 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) ESTABLISHMENT OF OFFICE FOR ADMINIS-
TRATION
OF
ASSISTANCE.—Before providing assist-
ance under paragraph (1), the Director shall establish
an office in the Federal Emergency Management
Agency that shall have the duties of establishing spe-
cific criteria for the selection of recipients of the as-
sistance, and administering the assistance, under this
section.
‘‘(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 per-
sonnel;
‘‘(B) to train firefighting personnel in fire-
fighting, emergency response, arson prevention
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and detection, or the handling of hazardous ma-
terials, or to train firefighting personnel to pro-
vide any of the training described in this sub-
paragraph;
‘‘(C) to fund the creation of rapid interven-
tion teams to protect firefighting personnel at the
scenes of fires and other emergencies;
‘‘(D) to certify fire inspectors;
‘‘(E) to establish wellness and fitness pro-
grams for firefighting personnel to ensure that
the firefighting personnel can carry out their du-
ties;
‘‘(F) to fund emergency medical services
provided by fire departments;
‘‘(G) to acquire additional firefighting vehi-
cles, including fire trucks;
‘‘(H) to acquire additional firefighting
equipment, including equipment for communica-
tions and monitoring;
‘‘(I) to acquire personal protective equip-
ment required for firefighting personnel by the
Occupational Safety and Health Administration,
and other personal protective equipment for fire-
fighting personnel;
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‘‘(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; or
‘‘(M) to educate the public about arson pre-
vention and detection.
‘‘(4) FIRE PREVENTION PROGRAMS.—
‘‘(A) IN GENERAL.—For each fiscal year,
the Director shall use not less than 10 percent of
the funds made available under subsection (c)—
‘‘(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 orga-
nizations that are recognized for their expe-
rience and expertise with respect to fire pre-
vention or fire safety programs and activi-
ties, for the purpose of carrying out fire
prevention programs.
‘‘(B) PRIORITY.—In selecting organizations
described in subparagraph (A)(ii) to receive as-
sistance under this paragraph, the Director shall
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give priority to organizations that focus on pre-
vention 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 organi-
zation seeking the assistance submits to the Director
an application in such form and containing such in-
formation as the Director may require.
‘‘(6) MATCHING
REQUIREMENT.—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 10 percent of
the assistance received under this subsection for any
fiscal year.
‘‘(7) MAINTENANCE OF EXPENDITURES—The Di-
rector 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 2
fiscal years preceding the fiscal year for which the as-
sistance will be received.
‘‘(8) REPORT TO THE DIRECTOR.—The Director
may provide assistance under this subsection only if
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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 RE-
CIPIENTS.—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 commu-
nities of varying sizes; and
‘‘(C) fire departments located in urban, sub-
urban, and rural communities.
‘‘(10) LIMITATION ON EXPENDITURES FOR FIRE-
FIGHTING VEHICLES.—The Director shall ensure that
not more than 25 percent of the assistance made
available under this subsection for a fiscal year is
used for the use described in paragraph (3)(G).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to the Director—
‘‘(A) $100,000,000 for fiscal year 2001;
‘‘(B) $200,000,000 for fiscal year 2002;
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‘‘(C) $400,000,000 for fiscal year 2003;
‘‘(D) $600,000,000 for fiscal year 2004;
‘‘(E) $800,000,000 for fiscal year 2005; and
‘‘(F) $1,000,000,000 for fiscal year 2006.
‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.—
Of the amounts made available under paragraph (1)
for a fiscal year, the Director may use not more than
10 percent for the administrative costs of carrying out
this section.’’.
SEC. 1073. BREAST CANCER STAMP EXTENSION.
Section 414(g) of title 39, United States Code, is
amended by striking ‘‘2-year’’ and inserting ‘‘4-year’’.
SEC. 1074. PERSONNEL SECURITY POLICIES.
No officer or employee of the Department of Defense
or any contractor thereof, and no member of the Armed
Forces shall be granted a security clearance if that person—
(1) has been convicted in any court within the
United States of a crime and sentenced to imprison-
ment for a term exceeding 1 year;
(2) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act);
(3) is currently mentally incompetent; or
(4) has been discharged from the Armed Forces
under dishonorable conditions.
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SEC. 1075. ADDITIONAL MATTERS FOR ANNUAL REPORT ON
TRANSFERS OF MILITARILY SENSITIVE TECH-
NOLOGY 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:
‘‘(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 previous annual reports under this section.’’.
SEC. 1076. NATIONAL SECURITY IMPLICATIONS OF UNITED
STATES-CHINA TRADE RELATIONSHIP.
(a) IN GENERAL.—
(1) NAME OF COMMISSION.—Section 127(c)(1) of
the Trade Deficit Review Commission Act (19 U.S.C.
2213 note) is amended by striking ‘‘Trade Deficit Re-
view Commission’’ and inserting ‘‘United States-
China Security Review Commission’’.
(2) QUALIFICATIONS
OF
MEMBERS.—Section
127(c)(3)(B)(i)(I) of such Act (19 U.S.C. 2213 note)
is amended by inserting ‘‘national security matters
and United States-China relations,’’ after ‘‘expertise
in’’.
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(3) 
PERIOD
OF
APPOINTMENT.—Section
127(c)(3)(A) of such Act (19 U.S.C. 2213 note) is
amended to read as follows:
‘‘(A) IN GENERAL.—
‘‘(i) APPOINTMENT
BEGINNING
WITH
107th 
CONGRESS.—Beginning 
with 
the
107th Congress and each new Congress
thereafter, members shall be appointed not
later than 30 days after the date on which
Congress convenes. Members may be re-
appointed for additional terms of service.
‘‘(ii) TRANSITION.—Members serving
on the Commission shall continue to serve
until such time as new members are ap-
pointed.’’.
(b) PURPOSE.—Section 127(k) of the Trade Deficit Re-
view Commission Act (19 U.S.C. 2213 note) is amended
to read as follows:
‘‘(k) UNITED STATES-CHINA NATIONAL SECURITY IM-
PLICATIONS.—
‘‘(1) IN GENERAL.—Upon submission of the re-
port described in subsection (e), the Commission
shall—
‘‘(A) wind up the functions of the Trade
Deficit Review Commission; and
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‘‘(B) monitor, investigate, and report to
Congress on the national security implications of
the bilateral trade and economic relationship be-
tween the United States and the People’s Repub-
lic of China.
‘‘(2) ANNUAL REPORT.—Not later than March 1,
2002, and annually thereafter, the Commission shall
submit a report to Congress, in both unclassified and
classified form, regarding the national security impli-
cations and impact of the bilateral trade and eco-
nomic relationship between the United States and the
People’s Republic of China. The report shall include
a full analysis, along with conclusions and rec-
ommendations for legislative and administrative ac-
tions, 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 ex-
tent practicable.
‘‘(3) CONTENTS
OF
REPORT.—The report de-
scribed in paragraph (2) shall include, at a min-
imum, a full discussion of the following:
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‘‘(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 Government of
the People’s Republic of China and entities con-
trolled by the Government of advanced military
technologies through United States trade and
technology transfers.
‘‘(C) Any transfers, other than those identi-
fied 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 offi-
cials and officially-sanctioned writings that bear
on the intentions of the Government of the Peo-
ple’s Republic of China regarding the pursuit of
military competition with, and leverage over, the
United States and the Asian allies of the United
States.
‘‘(E) The military actions taken by the Gov-
ernment of the People’s Republic of China dur-
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ing 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 to the national security in-
terests of the United States of the use by the Peo-
ple’s Republic of China of financial transactions,
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
to the United States national security interests.
‘‘(H) Patterns of trade and investment be-
tween the People’s Republic of China and its
major trading partners, other than the United
States, that appear to be substantively different
from trade and investment patterns with the
United States and whether the differences con-
stitute a security problem 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
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whether the security challenges are increasing or
decreasing from previous years.
‘‘(4) RECOMMENDATIONS OF REPORT.—The re-
port described in paragraph (2) shall include rec-
ommendations for action by Congress or the Presi-
dent, or both, including specific recommendations for
the United States to invoke Article XXI (relating to
security exceptions) of the General Agreement on Tar-
iffs and Trade 1994 with respect to the People’s Re-
public of China, as a result of any adverse impact on
the national security interests of the United States.’’.
(c) CONFORMING AMENDMENTS.—
(1) HEARINGS.—Section 127(f)(1) of such Act
(19 U.S.C. 2213 note) is amended to read as follows:
‘‘(1) HEARINGS.—
‘‘(A) IN GENERAL.—The Commission or, at
its direction, any panel or member of the Com-
mission, may for the purpose of carrying out the
provisions of this Act, hold hearings, sit and act
at times and places, take testimony, receive evi-
dence, and administer oaths to the extent that
the Commission or any panel or member con-
siders advisable.
‘‘(B) INFORMATION.—The Commission may
secure directly from the Department of Defense,
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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 Act, except the provision of intel-
ligence 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.
‘‘(C) SECURITY.—The Office of Senate Se-
curity shall—
‘‘(i) provide classified storage and
meeting and hearing spaces, when nec-
essary, for the Commission; and
‘‘(ii) assist members and staff of the
Commission in obtaining security clear-
ances.
‘‘(D) SECURITY CLEARANCES.—All members
of the Commission and appropriate staff shall be
sworn and hold appropriate security clear-
ances.’’.
(2) CHAIRMAN.—
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(A) Section 127(c)(6) of such Act (19 U.S.C.
2213 note) is amended by striking ‘‘Chair-
person’’ and inserting ‘‘Chairman’’.
(B) Section 127(g) of such Act (19 U.S.C.
2213 note) is amended by striking ‘‘Chair-
person’’ each place it appears and inserting
‘‘Chairman’’.
(3) CHAIRMAN
AND
VICE
CHAIRMAN.—Section
127(c)(7) of such Act (19 U.S.C. 2213 note) is
amended—
(A) by striking ‘‘CHAIRPERSON AND VICE
CHAIRPERSON’’ in the heading and inserting
‘‘CHAIRMAN AND VICE CHAIRMAN’’;
(B) by striking ‘‘chairperson’’ and ‘‘vice
chairperson’’ in the text and inserting ‘‘Chair-
man’’ and ‘‘Vice Chairman’’; and
(C) by inserting ‘‘at the beginning of each
new Congress’’ before the end period.
(d) APPROPRIATIONS.—Section 127(i) of such Act (19
U.S.C. 2213 note) is amended to read as follows:
‘‘(i) AUTHORIZATION.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated to the Commission for fiscal year 2001,
and each fiscal year thereafter, such sums as may be
necessary to enable it to carry out its functions. Ap-
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propriations to the Commission are authorized to re-
main available until expended. Unobligated balances
of appropriations made to the Trade Deficit Review
Commission before the effective date of this subsection
shall remain available to the Commission on and
after such date.
‘‘(2) FOREIGN
TRAVEL
FOR
OFFICIAL
PUR-
POSES.—Foreign travel for official purposes by mem-
bers and staff of the Commission may be authorized
by either the Chairman or the Vice Chairman.’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the 107th Con-
gress.
SEC. 1077. SECRECY POLICIES AND WORKER HEALTH.
(a) REVIEW OF SECRECY POLICIES.—The Secretary of
Defense in consultation with the Secretary of Energy shall
review classification and security policies and, within ap-
propriate national security constraints, ensure that such
policies do not prevent or discourage employees at former
nuclear weapons facilities who may have been exposed to
radioactive or other hazardous substances associated with
nuclear weapons from discussing such exposures with ap-
propriate health care providers and with other appropriate
officials. The policies reviewed should include the policy to
neither confirm nor deny the presence of nuclear weapons
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as it is applied to former United States nuclear weapons
facilities that no longer contain nuclear weapons or mate-
rials.
(b) NOTIFICATION
OF AFFECTED EMPLOYEES.—(1)
The Secretary of Defense in consultation with the Secretary
of Energy shall seek to identify individuals who are or were
employed at Department of Defense sites that no longer
store, assemble, disassemble, or maintain nuclear weapons.
(2) Upon determination that such employees may have
been exposed to radioactive or hazardous substances associ-
ated with nuclear weapons at such sites, such employees
shall be notified of any such exposures to radiation, or haz-
ardous substances associated with nuclear weapons.
(3) Such notification shall include an explanation of
how such employees can discuss any such exposures with
health care providers who do not possess security clearances
without violating security or classification procedures or,
if necessary, provide guidance to facilitate the ability of
such individuals to contact health care providers with ap-
propriate security clearances or discuss such exposures with
other officials who are determined by the Secretary of De-
fense to be appropriate.
(c) The Secretary of Defense in consultation with the
Secretary of Energy shall, no later than May 1, 2001, sub-
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mit a report to the Congressional Defense Committees set-
ting forth—
(1) the results of the review in paragraph (a) in-
cluding any changes made or recommendations for
legislation; and
(2) the status of the notification in paragraph
(b) and an anticipated date on which such notifica-
tion will be completed.
TITLE XI—DEPARTMENT OF DE-
FENSE CIVILIAN PERSONNEL
POLICY
SEC. 
1101. 
COMPUTER/ELECTRONIC 
ACCOMMODATIONS
PROGRAM.
(a) AUTHORITY TO EXPAND PROGRAM.—(1) Chapter
81 of title 10, United States Code, is amended by inserting
after section 1581 the following:
‘‘§ 1582. Assistive technology, assistive technology de-
vices, and assistive technology services
‘‘(a) AUTHORITY.—The Secretary of Defense may pro-
vide assistive technology, assistive technology devices, and
assistive technology services to the following:
‘‘(1) Department of Defense employees with dis-
abilities.
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‘‘(2) Organizations within the department that
have requirements to make programs or facilities ac-
cessible to and usable by persons with disabilities.
‘‘(3) Any other department or agency of the Fed-
eral Government, upon the request of the head of that
department or agency, for its employees with disabil-
ities or for satisfying a requirement to make its pro-
grams or facilities accessible to and usable by persons
with disabilities.
‘‘(b) DEFINITIONS.—In this section, the terms ‘assist-
ive technology’, ‘assistive technology device’, ‘assistive tech-
nology service’, and ‘disability’ have the meanings given the
terms in section 3 of the Assistive Technology Act of 1998
(29 U.S.C. 3002).’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1581 the following:
‘‘1582. Assistive technology, assistive technology devices, and assistive technology
services.’’.
(b) FUNDING.—Of the amount authorized to be appro-
priated under section 301(5) for operation and mainte-
nance for Defense-wide activities, not more than $2,000,000
is available for the purpose of expanding and administering
the Computer/Electronic Accommodation Program of the
Department of Defense to provide under section 1582 of title
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10, United States Code (as added by subsection (a)), the
technology, devices, and services described in that section.
SEC. 1102. ADDITIONAL SPECIAL PAY FOR FOREIGN LAN-
GUAGE 
PROFICIENCY 
BENEFICIAL 
FOR
UNITED STATES NATIONAL SECURITY INTER-
ESTS.
(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 na-
tional security interests
‘‘(a) AUTHORITY.—The Secretary of Defense may pay
special pay under this section to an employee of the Depart-
ment of Defense who—
‘‘(1) has been certified by the Secretary to be
proficient in a foreign language identified by the Sec-
retary as being a language in which proficiency by
civilian personnel of the department is necessary be-
cause of national security interests;
‘‘(2) is assigned duties requiring proficiency in
that foreign language; and
‘‘(3) is not receiving special pay under section
1596 of this title.
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‘‘(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 ALLOW-
ANCES.—Special pay under this section is in addition to
any other pay or allowances to which the employee is enti-
tled.
‘‘(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 in-
terests’’.
(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:
‘‘1596. Foreign language proficiency: special pay for proficiency beneficial for in-
telligence interests.
‘‘1596a. Foreign language proficiency: special pay for proficiency beneficial for
other national security interests.’’.
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SEC. 1103. INCREASED NUMBER OF POSITIONS AUTHOR-
IZED FOR THE DEFENSE INTELLIGENCE SEN-
IOR EXECUTIVE SERVICE.
Section 1606(a) of title 10, United States Code, is
amended by striking ‘‘492’’ and inserting ‘‘517’’.
SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIM-
BURSEMENT AND TRAINING FOR CIVILIAN
EMPLOYEES IN THE DEFENSE ACQUISITION
WORKFORCE.
Section 1745(a) of title 10, United States Code, is
amended by striking ‘‘September 30, 2001’’ in the second
sentence and inserting ‘‘September 30, 2010’’.
SEC. 1105. 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 employees
of the Department of Defense such work safety models
used by employers in the private sector that the Sec-
retary considers as being representative of the best
work safety practices in use by private sector employ-
ers; and
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(2) determine whether the use of those practices
in the Department of Defense improves the work safe-
ty record of Department of Defense employees.
(c) SITES.—(1) The Secretary shall carry out the dem-
onstration 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 De-
fense Agencies from among the installations and Defense
Agencies listed in the Federal Worker 2000 Presidential Ini-
tiative.
(d) PERIOD FOR PROGRAM.—The demonstration pro-
gram 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 sub-
mit 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 in-
terim report shall contain, at a minimum, for each site of
the demonstration program the following:
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(A) A baseline assessment of the lost workday in-
jury 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 re-
port on the demonstration program to the Committees on
Armed Services of the Senate and the House of Representa-
tives 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
stated 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 associ-
ated with all lost workday injuries for fiscal year
2001.
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(f) FUNDING.—Of the amount authorized to be appro-
priated under section 301(5), $5,000,000 shall be available
for the demonstration program under this section.
SEC. 1106. EMPLOYMENT AND COMPENSATION OF EMPLOY-
EES FOR TEMPORARY ORGANIZATIONS ES-
TABLISHED 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 3 years for the pur-
pose 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 an
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Executive agency may appoint persons to positions of em-
ployment 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 regula-
tions prescribed by the Office of Personnel Management the
period of appointment may be extended for up to an addi-
tional two years.
‘‘(3) The positions of employment in a temporary or-
ganization 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 depart-
ment or agency of the Government may detail, on a non-
reimbursable 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 estab-
lished under regulations prescribed by the Office of Per-
sonnel 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
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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.
‘‘(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, ex-
ceed the maximum rate of basic pay authorized under para-
graph (3), but may not exceed the maximum rate of basic
pay authorized for an executive level position under para-
graph (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 tem-
porary 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 em-
ployee’s regular place of business in the performance of serv-
ices for the temporary organization.
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‘‘(f) BENEFITS.—(1) An employee appointed under
subsection (b) shall be afforded the same benefits and entitle-
ments as are provided other employees under subpart G of
part III of this title, except that a full-time employee shall
be eligible for life insurance under chapter 87 of this title
and health benefits under chapter 89 of this title imme-
diately upon appointment to the position of full-time em-
ployment without regard to the duration of the temporary
organization or of the appointment to that position of the
temporary organization.
‘‘(2) Until an employee of a temporary organization
has completed one year of continuous service in the civil
service, there shall be withheld from the employee’s pay the
following:
‘‘(A) In the case of an employee insured pursu-
ant to paragraph (1) by an insurance policy pur-
chased by the Office under chapter 87 of this title, the
amount equal to the amount of the Government con-
tribution under section 8708 of this title, as well as
the amount required to be withheld from the pay of
the employee under section 8707 of this title, all of
which shall be deposited in the Treasury of the United
States to the credit of the Employees’ Life Insurance
Fund referred to in section 8714 of this title.
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‘‘(B) In the case of an employee participating
pursuant to paragraph (1) in a Federal Employees
Health Benefits plan under chapter 89 of this title,
the amount equal to the amount of the Government
contribution under section 8906 of this title, as well
as the amount required to be withheld from the pay
of the employee under section 8906 of this title, all of
which shall be paid into the Employees Health Bene-
fits Fund referred to in section 8909 of this title.
‘‘(3) No contribution shall be made by the United
States for an employee under section 8708 or 8906 of this
title for any period for which subparagraph (A) or (B), re-
spectively, of paragraph (2) applies to the employee.
‘‘(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 appoint-
ment in a temporary organization with the consent of the
head of the agency is entitled to be returned to the employ-
ee’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 orga-
nization for reasons other than misconduct, neglect of
duty, or malfeasance; and
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‘‘(2) applies for return not later than 30 days
before the earlier of—
‘‘(A) the date of the termination of the em-
ployment in the temporary organization; or
‘‘(B) the date of the termination of the tem-
porary organization.
‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—The
head of a temporary organization may procure for the orga-
nization 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 with-
out regard to section 1342 of title 31.
‘‘(2) Donors of voluntary services accepted for a tem-
porary 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.
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‘‘(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;
‘‘(B) shall supervise the volunteer to the same ex-
tent as employees receiving compensation for similar
services; and
‘‘(C) shall ensure that the volunteer has appro-
priate 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 com-
pensation 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:
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‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED BY
LAW OR EXECUTIVE ORDER
‘‘Sec.
‘‘3161. Employment and compensation of employees.’’.
SEC. 1107. 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’’.
SEC. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE
APPRAISAL SYSTEMS.
Section 4302 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(c) The head of an agency may administer and main-
tain its performance appraisal systems electronically in ac-
cordance with regulations which the Office shall prescribe.’’.
SEC. 1109. 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. 1110. LEAVE FOR CREWS OF CERTAIN VESSELS.
Section 6305(c)(2) of title 5, United States Code, is
amended to read as follows:
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‘‘(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 ac-
crued and not otherwise used during the temporary
promotion upon the expiration or termination of the
temporary promotion; and’’.
SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL
DEPARTMENT OF DEFENSE EMPLOYEES.
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
when provided to the Office in writing, in the form pre-
scribed by the Office, within such 60-day period.’’.
SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRI-
VATE COMPETITION PILOT PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense
shall establish a pilot program to assess the extent to which
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the effectiveness and efficiency of the performance of civilian
personnel services for the Department of Defense could be
increased by conducting competitions for the performance
of such services between the public and private sectors. The
pilot program under this section shall be known as the ‘‘Ci-
vilian Personnel Services Public-Private Competition Pro-
gram’’.
(b) CIVILIAN
PERSONNEL
REGIONS
TO
BE
IN-
CLUDED.—(1) The pilot program shall be carried out in
four civilian personnel regions, as follows:
(A) In one region, for the civilian personnel serv-
ices for the Department of the Army.
(B) In two regions, for the civilian personnel
services for the Department of the Navy.
(C) In one region, for the civilian personnel serv-
ices for any military department or for any organiza-
tion within the Department of Defense that is not
within a military department.
(2) The Secretary shall designate the regions to par-
ticipate in the pilot program. The Secretary shall select the
regions for designation from among the regions where the
conduct of civilian personnel operations are most conducive
to public-private competition. In making the selections, the
Secretary shall consult with the Secretary of the Army, the
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Secretary of the Navy, and the Director of Washington
Headquarters Services.
(c) RIGHT OF FIRST REFUSAL FOR DISPLACE FED-
ERAL EMPLOYEES.—The Secretary of Defense shall take the
actions necessary to ensure that, in the case of a conversion
to private sector performance under the pilot program, em-
ployees of the United States who are displaced by the con-
version have the right of first refusal for jobs for which they
are qualified that are created by the conversion.
(d) DURATION AND COVERAGE OF THE PROGRAM.—
The pilot program shall be carried out during the period
beginning on October 1, 2000, and ending on December 31,
2004.
(e) AUTHORITY TO EXPAND PROGRAM.—The Sec-
retary may expand the pilot program to include other re-
gions.
(f) REPORT.—Not later than February 1, 2005, the
Secretary shall submit a report on the pilot program to the
Committees on Armed Services of the Senate and the House
of Representatives. The report shall include the following:
(1) The Secretary’s assessment of the value of the
actions taken in the administration of the pilot pro-
gram for increasing the effectiveness and efficiency of
the performance of civilian personnel services for the
Department of Defense in the regions covered by the
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pilot program, as compared to the performance of ci-
vilian personnel services for the department in re-
gions not included in the pilot program.
(2) Any recommendations for legislation or other
action that the Secretary considers appropriate to in-
crease the effectiveness and efficiency of the perform-
ance of civilian personnel services for the Department
of Defense in all regions.
SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AU-
THORITY 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 pe-
riod 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:
‘‘(1) The period for carrying out the program author-
ized under this section begins on October 17, 1998, and ends
on October 16, 2005.’’; and
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(3) in subsection (f), by striking ‘‘on the day be-
fore 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 sec-
tion, as amended by subsection (a)(1) of this section, is fur-
ther amended by inserting before the period at the end the
following: ‘‘and research and development projects adminis-
tered by laboratories designated for the program by the Sec-
retary 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 fol-
lows:
‘‘(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 engi-
neering positions in the Defense Advanced Re-
search Projects Agency;
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‘‘(B) not more than 40 scientific and engi-
neering 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 Im-
agery 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 
A 
PERSONNEL 
DEM-
ONSTRATION PROJECT.
Section 342(b) of the National Defense Authorization
Act for Fiscal Year 1995 is amended—
(1) by striking the last sentence of paragraph
(4); and
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(2) by adding at the end the following:
‘‘(5) The employees of a laboratory covered by a per-
sonnel demonstration project under this section shall be
managed by the director of the laboratory subject to the su-
pervision of the Under Secretary of Defense for Acquisition,
Technology, and Logistics. Notwithstanding any other pro-
vision of law, the director of the laboratory is authorized
to appoint individuals to positions in the laboratory, and
to fix the compensation of such individuals for service in
those positions, under the demonstration project without the
review or approval of any official or agency other than the
Under Secretary.’’.
SEC. 1115. 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’’.
SEC. 1116. EXTENSION, REVISION, AND EXPANSION OF AU-
THORITIES FOR USE OF VOLUNTARY SEPARA-
TION 
INCENTIVE 
PAY 
AND 
VOLUNTARY
EARLY RETIREMENT.
(a) EXTENSION OF AUTHORITY.—Subsection (e) of sec-
tion 5597 of title 5, United States Code, is amended by
striking ‘‘September 30, 2003’’ and inserting ‘‘September
30, 2005’’.
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(b) REVISION AND ADDITION OF PURPOSES FOR DE-
PARTMENT OF DEFENSE VSIP.—Subsection (b) of such sec-
tion is amended by inserting after ‘‘transfer of function,’’
the following: ‘‘restructuring of the workforce (to meet mis-
sion needs, achieve one or more strength reductions, correct
skill imbalances, or reduce the number of high-grade, mana-
gerial, or supervisory positions in accordance with the stra-
tegic plan required under section 1118 of the National De-
fense Authorization Act for Fiscal Year 2001),’’.
(c) 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.’’.
(d) 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 install-
ments;’’;
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(2) by striking ‘‘and’’ at the end of paragraph
(3);
(3) by striking the period at the end of para-
graph (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).’’.
(e) APPLICABILITY OF REPAYMENT REQUIREMENT TO
REEMPLOYMENT
UNDER
PERSONAL
SERVICES
CON-
TRACTS.—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 serv-
ices contract with the United States,’’.
SEC. 1117. DEPARTMENT OF DEFENSE EMPLOYEE VOL-
UNTARY 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 described in subsection
(o)(1),’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
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‘‘(o)(1) An employee of the Department of Defense who,
before October 1, 2005, is separated from the service after
completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to an
immediate annuity under this subchapter if the employee
is eligible for the annuity under paragraph (2) or (3).
‘‘(2)(A) An employee referred to in paragraph (1) 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 an-
other 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 com-
muting area.
‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa-
ration for failure to accept a directed reassignment to a
position outside the commuting area of the employee con-
cerned or to accompany a position outside of such area pur-
suant to a transfer of function may not be considered to
be a removal for cause.
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‘‘(3) An employee referred to in paragraph (1) is eligi-
ble 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 organiza-
tion within the Department of Defense in which the
employee is serving is undergoing a major organiza-
tional adjustment.
‘‘(B) The employee has been employed continu-
ously by the Department of Defense for more than 30
days before the date on which the head of the employ-
ee’s organization requests the determinations required
under subparagraph (A).
‘‘(C) The employee is serving under an appoint-
ment 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, se-
ries, or levels.
‘‘(iii) One or more geographical locations.
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‘‘(iv) Any other similar objective and non-
personal criteria that the Office of Personnel
Management determines appropriate.
‘‘(4) Under regulations prescribed by the Office of Per-
sonnel Management, the determinations of whether an em-
ployee 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 De-
fense.
‘‘(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;
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‘‘(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 described in subsection
(d)(1),’’ after ‘‘(B)’’; and
(2) by adding at the end the following:
‘‘(d)(1) An employee of the Department of Defense who,
before October 1, 2005, is separated from the service after
completing 25 years of service or after becoming 50 years
of age and completing 20 years of service is entitled to an
immediate annuity under this subchapter if the employee
is eligible for the annuity under paragraph (2) or (3).
‘‘(2)(A) An employee referred to in paragraph (1) 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 an-
other 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
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pay level), and which is within the employee’s com-
muting area.
‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa-
ration for failure to accept a directed reassignment to a
position outside the commuting area of the employee con-
cerned or to accompany a position outside of such area pur-
suant to a transfer of function may not be considered to
be a removal for cause.
‘‘(3) An employee referred to in paragraph (1) is eligi-
ble 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 organiza-
tion within the Department of Defense in which the
employee is serving is undergoing a major organiza-
tional adjustment.
‘‘(B) The employee has been employed continu-
ously by the Department of Defense for more than 30
days before the date on which the head of the employ-
ee’s organization requests the determinations required
under subparagraph (A).
‘‘(C) The employee is serving under an appoint-
ment that is not limited by time.
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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)’’.
(d) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments made by this section—
(1) shall take effect on October 1, 2000; and
(2) shall apply with respect to an approval for
voluntary early retirement made on or after that
date.
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SEC. 1118. RESTRICTIONS ON PAYMENTS FOR ACADEMIC
TRAINING.
(a) SOURCES OF POSTSECONDARY EDUCATION.—Sub-
section (a) of section 4107 of title 5, United States Code,
is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) any course of postsecondary education that
is administered or conducted by an institution not
accredited by a national or regional accrediting body
(except in the case of a course or institution for which
standards for accrediting do not exist or are deter-
mined by the head of the employee’s agency as being
inappropriate), regardless of whether the course is
provided by means of classroom instruction, electronic
instruction, or otherwise.’’.
(b) WAIVER
OF RESTRICTION
ON DEGREE TRAIN-
ING.—Subsection (b)(1) of such section is amended by strik-
ing ‘‘if necessary’’ and all that follows through the end and
inserting ‘‘if the training provides an opportunity for an
employee of the agency to obtain an academic degree pursu-
ant to a planned, systematic, and coordinated program of
professional development approved by the head of the agen-
cy.’’.
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(c) CONFORMING AND CLERICAL AMENDMENTS.—The
heading for such section is amended to read as follows:
‘‘§ 4107. Restrictions’’.
(3) The item relating to such section in the table of
sections at the beginning of chapter 41 of title 5, United
States Code, is amended to read as follows:
‘‘4107. Restrictions.’’.
SEC. 1119. STRATEGIC PLAN.
(a) REQUIREMENT FOR PLAN.—Not later than six
months after the date of the enactment of this Act, and be-
fore exercising any of the authorities provided or extended
by the amendments made by sections 1115 through 1117,
the Secretary of Defense shall submit to the appropriate
committees of Congress a strategic plan for the exercise of
such authorities. The plan shall include an estimate of the
number of Department of Defense employees that would be
affected by the uses of authorities as described in the plan.
(b) CONSISTENCY WITH DOD PERFORMANCE AND RE-
VIEW STRATEGIC PLAN.—The strategic plan submitted
under subsection (a) shall be consistent with the strategic
plan of the Department of Defense that is in effect under
section 306 of title 5, United States Code.
(c) APPROPRIATE COMMITTEES.—For the purposes of
this section, the appropriate committees of Congress are as
follows:
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(1) The Committee on Armed Services and the
Committee on Governmental Affairs of the Senate.
(2) The Committee on Armed Services and the
Committee on Government Reform of the House of
Representatives.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO
CERTAIN FOREIGN COUNTRIES.
(a) AUTHORITY TO TRANSFER.—
(1) AUSTRALIA.—The Secretary of the Navy is
authorized to transfer to the Government of Australia
the ‘‘KIDD’’ class guided missile destroyers KIDD
(DDG 993), CALLAGHAN (DDG 994), SCOTT
(DDG 995), and CHANDLER (DDG 996). Each such
transfer shall be on a combined lease-sale basis under
sections 61 and 21 of the Arms Export Control Act
(22 U.S.C. 2796 and 2761).
(2) BRAZIL.—The Secretary of the Navy is au-
thorized to transfer to the Government of Brazil the
‘‘THOMASTON’’ class dock landing ships ALAMO
(LSD 33) and HERMITAGE (LSD 34), and the
‘‘GARCIA’’ class frigates BRADLEY (FF 1041), DA-
VIDSON (FF 1045), SAMPLE (FF 1048) and AL-
BERT DAVID (FF 1050). Each such transfer shall
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be on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(3) CHILE.—The Secretary of the Navy is au-
thorized to transfer to the Government of Chile the
‘‘OLIVER HAZARD PERRY’’ class guided missile
frigates WADSWORTH (FFG 9), and ESTOCIN
(FFG 15). Each such transfer shall be on a combined
lease-sale basis under sections 61 and 21 of the Arms
Export Control Act (22 U.S.C. 2796 and 2761).
(4) EGYPT.—The Secretary of the Navy is au-
thorized to transfer to the Government of Egypt the
‘‘DIXIE’’ class destroyer tender YOSEMITE (AD 19).
The transfer shall be on a grant basis under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(5) GREECE.—The Secretary of the Navy is au-
thorized to transfer to the Government of Greece the
‘‘KNOX’’ class frigates VREELAND (FF 1068) and
TRIPPE (FF 1075). Each such transfer shall be on
a grant basis under section 516 of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2321j).
(6) TURKEY.—(A) The Secretary of the Navy is
authorized to transfer to the Government of Turkey
the ‘‘OLIVER HAZARD PERRY’’ class guided mis-
sile frigates JOHN A. MOORE (FFG 19) and
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FLATLEY (FFG 21). Each transfer under the au-
thority of this subsection shall be on a combined lease-
sale basis under sections 61 and 21 of the Arms Ex-
port Control Act (22 U.S.C. 2796 and 2761).
(B) The authority provided under subparagraph
(A) is in addition to the authority provided under
section 1018(a)(9) of Public Law 106–65 (113 Stat.
745) for the Secretary of the Navy to transfer such
vessels to the Government of Turkey on a sale basis
under section 21 of the Arms Export Control Act (22
U.S.C. 2761).
(b) 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 arti-
cles transferred to countries under that section in any fiscal
year.
(c) 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 (notwith-
standing section 516(e)(1) of the Foreign Assistance Act of
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1961 (22 U.S.C. 2321j(e)(1)) in the case of a transfer au-
thorized to be made on a grant basis under subsection (a)).
(d) REPAIR AND REFURBISHMENT IN UNITED STATES
SHIPYARDS.—To the maximum extent practicable, the Sec-
retary of the Navy shall require, as a condition of the trans-
fer 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 ship-
yard.
(e) CONDITIONS RELATING TO COMBINED LEASE-SALE
TRANSFERS.—A transfer of a vessel on a combined lease-
sale basis authorized by subsection (a) shall be made in ac-
cordance with the following requirements:
(1) The Secretary of the Navy may initially
transfer the vessel by lease, with lease payments sus-
pended for the term of the lease, if the country enter-
ing into the lease for the vessel simultaneously enters
into a foreign military sales agreement for the trans-
fer of title to the vessel.
(2) The Secretary may not deliver to the pur-
chasing country title to the vessel until the purchase
price of the vessel under such a foreign military sales
agreement is paid in full.
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(3) Upon payment of the purchase price in full
under such a sales agreement and delivery of title to
the recipient country, the Secretary 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 imme-
diately terminated;
(B) the suspension of lease payments under
the lease shall be vacated; and
(C) the United States shall be entitled to re-
tain 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 pay-
able 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 re-
quired to pay any interest to the recipient country on
any amount paid to the United States by the recipi-
ent country under the sales agreement and not re-
tained by the United States under the lease.
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(f) AUTHORIZATION OF APPROPRIATIONS FOR COSTS
OF LEASE-SALE TRANSFERS.—There is hereby authorized
to be appropriated into the Defense Vessels Transfer Pro-
gram 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 lease-sale trans-
fers authorized by subsection (a). Amounts so appropriated
shall be available only for the purpose of paying those costs.
(g) EXPIRATION OF AUTHORITY.—The authority pro-
vided under subsection (a) shall expire at the end of the
two-year period beginning on the date of the enactment of
this Act.
SEC. 1202. SUPPORT OF UNITED NATIONS-SPONSORED EF-
FORTS TO INSPECT AND MONITOR IRAQI
WEAPONS ACTIVITIES.
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS-
CAL 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 ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
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Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.
SEC. 1203. REPEAL OF RESTRICTION PREVENTING COOPER-
ATIVE AIRLIFT SUPPORT THROUGH ACQUISI-
TION 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. 1204. WESTERN HEMISPHERE INSTITUTE FOR PROFES-
SIONAL EDUCATION AND TRAINING.
(a) IN GENERAL.—Chapter 108 of title 10, United
States Code, is amended by adding at the end the following:
‘‘§ 2166. Western Hemisphere Institute for Professional
Education and Training
‘‘(a) ESTABLISHMENT AND ADMINISTRATION.—(1) The
Secretary of Defense may operate an education and train-
ing facility for the purpose set forth in subsection (b). The
facility may be called the Western Hemisphere Institute for
Professional Education and Training.
‘‘(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.
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‘‘(b) PURPOSE.—The purpose of the Institute is to pro-
vide professional education and training to eligible per-
sonnel of the Western Hemisphere within the context of the
democratic principles set forth in the Charter of the Organi-
zation of American States and supporting agreements,
while fostering mutual knowledge, transparency, confidence,
and cooperation among the participating nations and pro-
moting 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 the Western Hemisphere are eligible for
education and training at the Institute as follows:
‘‘(A) Military personnel.
‘‘(B) Law enforcement personnel.
‘‘(C) Civilians, whether or not employed by a
government of the Western Hemisphere.
‘‘(2) The selection of foreign personnel for education
or training at the Institute is subject to the approval of
the Secretary of State.
‘‘(d) CURRICULUM.—(1) The curriculum of the Insti-
tute 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.
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‘‘(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 matters that the Secretary deter-
mines 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) Two members of the Senate designated by
the President pro tempore of the Senate.
‘‘(B) Two members of the House of Representa-
tives designated by the Speaker of the House of Rep-
resentatives.
‘‘(C) Six persons designated by the Secretary of
Defense including, to the extent practicable, at least
one member from academia, one member from the re-
ligious community, and one member from the human
rights community.
‘‘(D) One person designated by the Secretary of
State.
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‘‘(E) For each of the armed forces, the senior
military officer responsible for training and doctrine
or a designee of that officer.
‘‘(F) The Commander in Chief of the United
States Southern Command or a designee of that offi-
cer.
‘‘(2) The members of the Board shall serve for 2 years
except for the members referred to in subparagraphs (A)
and (B) of paragraph (1) who may serve until a successor
is designated.
‘‘(3) A vacancy in a position of membership on the
Board shall be filled in the same manner as the position
was originally filled.
‘‘(4) The Board shall meet at least once each year.
‘‘(5)(A) The Board shall inquire into the curriculum,
instruction, physical equipment, fiscal affairs, academic
methods, and other matters relating to the Institute that
the Board decides to consider.
‘‘(B) The Board shall review the curriculum of the In-
stitute 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;
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‘‘(iii) the curriculum adheres to current United
States doctrine; and
‘‘(iv) the instruction under the curriculum ap-
propriately emphasizes the matters described in sub-
section (d)(1).
‘‘(6) Not later than 60 days after its annual meeting,
the Board shall submit to the Secretary of Defense a written
report of its action and of its views and recommendations
pertaining to the Institute.
‘‘(7) Members of the Board may not be compensated
for service on the Board. In the case of officers or employees
of the United States serving on the Board as part of their
official duties, compensation paid to the members as officers
or employees of the United States shall not be considered
compensation for service on the Board.
‘‘(8) With the approval of the Secretary of Defense, the
Board may accept and use the services of voluntary and
noncompensated advisers appropriate to the duties of the
Board without regard to section 1342 of title 31.
‘‘(9) Members of the Board and advisers whose services
are accepted under paragraph (8) 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—
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‘‘(A) in the case of members of the Board who
are officers or employees of the United States, at rates
authorized for employees 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.
‘‘(10) 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—
‘‘(1) may be paid from funds available to the
Army for operation and maintenance; and
‘‘(2) may not be paid out of the proceeds of tui-
tion fees charged for professional education and train-
ing at the Institute.
‘‘(g) 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 Secretary shall coordinate the prep-
aration of the report with the heads of department and
agencies of the United States that have official interests in
the activities of the Institute, as determined by the Sec-
retary.’’.
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(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:
‘‘2166. Western Hemisphere Institute for Professional Education and Training.’’.
(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. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.
(a) REQUIREMENT FOR PERIODIC REPORT.—Begin-
ning on December 1, 2000, and every six months thereafter,
the President shall submit to the congressional defense com-
mittees, the Committee on Foreign Relations of the Senate,
and the Committee on International Relations of the House
of Representatives a report on the contributions of Euro-
pean nations and organizations to the peacekeeping oper-
ations in Kosovo.
(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 recon-
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struction assistance in Kosovo, humanitarian assist-
ance in Kosovo, the Kosovo Consolidated Budget, po-
lice (including special police) for the United Nations
international police force for Kosovo, and 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 such organization or nation.
(3) The full range of commitments and respon-
sibilities that have been undertaken for Kosovo by the
United Nations, the European Union, and the Orga-
nization 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 accom-
plished, and an anticipated schedule for completing
those tasks.
SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST
EXPLOSIONS OF NUCLEAR DEVICES.
(a) AUTHORITY.—Subchapter II of chapter 138 of title
10, United States Code, is amended by adding at the end
the following new section:
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‘‘§ 2350l. Mutual assistance for monitoring test explo-
sions of nuclear devices
‘‘(a) ACCEPTANCE OF CONTRIBUTIONS.—(1) The Sec-
retary of Defense may accept funds, services, or property
from a foreign government, an international organization,
or any other entity for a purpose described in paragraph
(2).
‘‘(2) Contributions accepted under paragraph (1) may
be used only for the development, procurement, installation,
operation, repair, or maintenance of equipment for moni-
toring test explosions of nuclear devices, or for communica-
tions relating to the operation of such equipment. The
equipment may be installed and used on United States ter-
ritory, foreign territory (including Antarctica), or in inter-
national waters.
‘‘(3) Any funds accepted under paragraph (1) shall be
deposited in an account established by the Secretary for use
for the purposes described in paragraph (2), and shall be
available, without fiscal year limitation, for use by Depart-
ment of Defense officials authorized by the Secretary of De-
fense for contracts, grants, or other forms of acquisition for
such purposes.
‘‘(b) AUTHORITY TO PROVIDE MONITORING ASSIST-
ANCE.—(1) To satisfy obligations of the United States to
monitor test explosions of nuclear devices, the Secretary of
Defense may provide a foreign government with assistance
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for the monitoring of such tests, but only in accordance with
an agreement satisfying the requirements of paragraph (3).
‘‘(2) The assistance authorized under paragraph (1)
is as follows:
‘‘(A) A loan or conveyance of—
‘‘(i) equipment for monitoring test explo-
sions of nuclear devices; and
‘‘(ii) associated equipment.
‘‘(B) The installation of such equipment on for-
eign territory or in international waters.
‘‘(3) Assistance for a foreign government under this
subsection shall be subject to an agreement entered into be-
tween the United States and the foreign government that
ensures the following:
‘‘(A) That the Secretary has timely access to
data that is produced, collected, or generated by
equipment loaned or conveyed to the foreign govern-
ment under the agreement.
‘‘(B) That the Secretary—
‘‘(i) has access to that equipment for pur-
poses of inspecting, testing, maintaining, repair-
ing, or replacing the equipment; and
‘‘(ii) may take such actions as are necessary
to meet United States obligations to inspect, test,
maintain, repair, or replace the equipment.
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‘‘(c) DELEGATION.—The Secretary may delegate au-
thority to carry out subsection (a) or (b) only to the Under
Secretary of Defense for Acquisition, Technology, and Lo-
gistics or the Secretary of the Air Force. Authority so dele-
gated may be further delegated.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter II of such chapter is amended
by inserting after the item relating to section 2350k the fol-
lowing new item:
‘‘2350l. Mutual assistance for monitoring test explosions of nuclear devices.’’.
SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSIST-
ANCE UNDER COOPERATIVE THREAT REDUC-
TION PROGRAMS.
(a) ANNUAL REPORT CONSOLIDATING DISPARATE RE-
PORT REQUIREMENTS.—(1) Chapter 23 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 488. Annual report on activities and assistance
under Cooperative Threat Reduction pro-
grams
‘‘(a) ANNUAL REPORT.—In any year in which the
budget of the President under section 1105 of title 31 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 sub-
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mit to Congress a report on activities and assistance during
the preceding fiscal year under Cooperative Threat Reduc-
tion programs setting forth the matters in subsection (c).
‘‘(b) DEADLINE FOR REPORT.—The report under sub-
section (a) shall be submitted not later than the first Mon-
day 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 Re-
duction 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 will be
used, and to provide guidance for the preparation of
annual budget submissions with respect to Coopera-
tive Threat Reduction programs.
‘‘(3) A description of the Cooperative Threat Re-
duction activities carried out during the fiscal year
ending in the year preceding the year of the report,
including—
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‘‘(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, includ-
ing the forms of assistance provided;
‘‘(D) a description of the United States pri-
vate 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 Sec-
retary of Defense considers appropriate to in-
form Congress fully of the operation of Coopera-
tive Threat Reduction programs and activities,
including with respect to proposed demilitariza-
tion or conversion projects, information on the
progress toward demilitarization of facilities and
the conversion of the demilitarized facilities to
civilian activities.
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‘‘(4) A description of the audits, examinations,
and other efforts, such as on-site inspections, con-
ducted 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 description of—
‘‘(A) if such assistance consisted of equip-
ment, 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, examina-
tions, and other efforts planned to be carried out
during the fiscal year beginning in the year of
the report to ensure that Cooperative Threat Re-
duction assistance provided during such fiscal
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year is fully accounted for and is used for its in-
tended purpose.
‘‘(5) A current description of the tactical nuclear
weapons arsenal of Russia, including—
‘‘(A) an estimate of the current types, num-
bers, 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 pro-
jected threat of theft, sale, or unauthorized use of
such warheads; and
‘‘(D) a summary of past, current, and
planned United States efforts to work coopera-
tively with Russia to account for, secure, and re-
duce Russia’s stockpile of tactical nuclear war-
heads and associated fissile materials.
‘‘(d) INPUT OF DCI.—The Director of Central Intel-
ligence shall submit to the Secretary of Defense the views
of the Director on any matters covered by subsection (b)(5)
in a report under this section. Such views shall be included
in such report as a classified annex to such report.
‘‘(e) COMPTROLLER
GENERAL
ASSESSMENT.—Not
later than 60 days after the date on which a report is sub-
mitted to Congress under subsection (a), the Comptroller
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General shall submit to Congress a report setting forth the
Comptroller General’s assessment of the report under sub-
section (a), including any recommendations regarding the
report under subsection (a) that the Comptroller General
considers appropriate.’’.
(2) The table of sections at the beginning of chapter
23 of such title is amended by adding at the end the fol-
lowing new item:
‘‘488. Annual report on activities and assistance under Cooperative Threat Reduc-
tion programs.’’.
(b) FIRST REPORT.—The first report submitted under
section 488 of title 10, United States Code, as added by
subsection (a), shall be submitted in 2002.
(c) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENTS.—(1) The following provisions of law are repealed:
(A) Section 1207 of the Cooperative Threat Re-
duction Act of 1994 (title XII of Public Law 103–160;
107 Stat. 1782; 22 U.S.C. 5956), relating to semi-
annual reports on Cooperative Threat Reduction.
(B) Section 1203 of the National Defense Author-
ization Act for Fiscal Year 1995 (Public Law 103–
337; 108 Stat. 2882), relating to a report accounting
for United States for Cooperative Threat Reduction.
(C) Section 1205 of the National Defense Author-
ization Act for Fiscal Year 1995 (108 Stat. 2883; 10
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U.S.C. 5952 note), relating to multiyear planning
and Allied support for Cooperative Threat Reduction.
(D) Section 1206 of the National Defense Au-
thorization 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.
(E) Section 1307 of the National Defense Au-
thorization Act for Fiscal Year 2000 (Public Law
106–65; 113 Stat. 795), relating to a limitation on
use of funds for Cooperative Threat Reduction pend-
ing submittal of a multiyear plan.
(2) 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).
SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUC-
TION OF A RUSSIAN FACILITY FOR THE DE-
STRUCTION OF CHEMICAL WEAPONS.
Section 1305 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
794; 22 U.S.C. 5952 note) is amended to read as follows:
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‘‘SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL
WEAPONS DESTRUCTION.
‘‘(a) LIMITATION.—No fiscal year 2000 Cooperative
Threat Reduction funds, and no funds appropriated for Co-
operative Threat Reduction programs after the date of the
enactment of this Act, may be obligated or expended for any
fiscal year for the purpose of the construction of the
Shchuch’ye chemical weapons destruction facility in Russia
before the date that is 30 days after the Secretary of Defense
certifies in writing to the Committees on Armed Services
of the Senate and the House of Representatives for that fis-
cal year that each of the following conditions has been met:
‘‘(1) That the government of the Russian Federa-
tion has agreed to provide at least $25,000,000 annu-
ally for the construction support and operation of the
facility to destroy chemical weapons and for the sup-
port and maintenance of the facility for that purpose
for each year of the entire operating life-cycle of the
facility.
‘‘(2) That the government of the Russian Federa-
tion has agreed to utilize the facility to destroy the
remaining four stockpiles of nerve agents, which are
located 
at 
Kisner, 
Pochep, 
Leonidovka, 
and
Maradykovsky.
‘‘(3) That the United States has obtained
multiyear commitments from governments of other
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countries to donate funds for the support of essential
social infrastructure projects for Shchuch’ye in suffi-
cient amounts to ensure that the projects are ade-
quately maintained during the entire operating life-
cycle of the facility.
‘‘(4) That Russia has agreed to destroy its chem-
ical weapons production facilities at Volgograd and
Novocheboksark.
‘‘(b) TIMING OF CERTIFICATIONS.—The certification
under subsection (a) for any fiscal year shall be submitted
prior to the obligation of funds in such fiscal year for the
purpose specified in that subsection.’’.
SEC. 1209. LIMITATION ON USE OF FUNDS FOR ELIMI-
NATION 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 Gov-
ernment and the Government of the Russian Federation re-
garding a new option selected for the shut down or conver-
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sion 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 conver-
sion 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. 1210. SENSE OF CONGRESS REGARDING THE USE OF
CHILDREN AS SOLDIERS.
(a) FINDINGS.—Congress finds that—
(1) in the year 2000 approximately 300,000 in-
dividuals under the age of 18 are participating in
armed conflict in more than 30 countries worldwide;
(2) many of these children are forcibly con-
scripted 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;
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(4) many military commanders separate chil-
dren from their families in order to foster dependence
on military units and leaders, leaving children vul-
nerable to manipulation, deep traumatization, and in
need of psychological counseling and rehabilitation;
(5) child soldiers are exposed to hazardous condi-
tions 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 addi-
tional psychological and physical horrors of rape and
sexual abuse, being enslaved for sexual purposes by
militia commanders, and forced to endure severe so-
cial 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 re-
cruited by the opposition Tamil Tigers movement and
forced to kill or be killed in the armed conflict in that
country;
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(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 amputa-
tions 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 optional protocol on
the use of child soldiers;
(11) this optional protocol will raise the inter-
national minimum age for conscription and direct
participation in armed conflict to age eighteen, pro-
hibit the recruitment and use in armed conflict of
persons under the age of eighteen by non-govern-
mental armed forces, encourage governments to raise
the minimum legal age for voluntary recruits above
the current standard of 15 and, commits 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 Sec-
retary General Kofi Annan set minimum age require-
ments for United Nations peacekeeping personnel that
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are made available by member nations of the United
Nations;
(13) United Nations Under-Secretary General
for Peace-keeping, Bernard Miyet, announced in the
Fourth Committee of the General Assembly that con-
tributing governments of member nations were asked
not to send civilian police and military observers
under the age of 25, and that troops in national con-
tingents 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 Se-
curity Council unanimously passed Resolution 1261
(1999) condemning the use of children in armed con-
flicts;
(15) in addressing the Security Council, the Spe-
cial Representative of the Secretary General for Chil-
dren and Armed Conflict, Olara Otunnu, urged the
adoption of a global three-pronged approach to com-
bat the use of children in armed conflict, first to raise
the age limit for recruitment and participation in
armed conflict from the present age of 15 to the age
of 18, second, to increase international pressure on
armed groups which currently abuse children, and
third to address the political, social, and economic
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factors which create an environment where children
are induced by appeal of ideology or by socio-eco-
nomic 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 op-
tional protocol;
(17) on May 25, 2000, the United Nations Gen-
eral Assembly unanimously adopted the optional pro-
tocol on the use of child soldiers;
(18) the optional protocol was opened for signa-
ture on June 5, 2000; and
(17) President Clinton has publicly announced
his support of the optional protocol and a speedy
process of review and signature.
(b) SENSE
OF CONGRESS.—(1) Congress joins the
international community in—
(A) condemning the use of children as soldiers by
governmental and nongovernmental armed forces
worldwide; and
(B) welcoming the optional protocol as a critical
first step in ending the use of children as soldiers.
(2) It is the sense of Congress that—
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(A) it is essential that the President consult
closely with the Senate with the objective of building
support for this protocol, and the Senate move for-
ward as expeditiously as possible.
(B) the President and Congress should work to-
gether to enact a law that establishes a fund for the
rehabilitation and reintegration into society of child
soldiers; and
(C) the Departments of State and Defense should
undertake all possible efforts to persuade and encour-
age other governments to ratify and endorse the new
optional protocol on the use of child soldiers.
SEC. 1211. SUPPORT OF CONSULTATIONS ON ARAB AND
ISRAELI ARMS CONTROL AND REGIONAL SE-
CURITY ISSUES.
Of the amount authorized to be appropriated by sec-
tion 301(5), up to $1,000,000 is available for the support
of programs to promote informal region-wide consultations
among Arab, Israeli, and United States officials and ex-
perts on arms control and security issues concerning the
Middle East region.
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SEC. 1212. AUTHORITY TO CONSENT TO RETRANSFER OF
ALTERNATIVE FORMER NAVAL VESSEL BY
GOVERNMENT OF GREECE.
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 (ex-USS BOWMAN COUNTY (LST 391))’’ the
following: ‘‘, LST 325, or any other former United
States LST that is excess to the needs of that govern-
ment’’; and
(2) in subsection (b)(1), by inserting ‘‘retrans-
ferred under subsection (a)’’ after ‘‘the vessel’’.
SEC. 1213. UNITED STATES-RUSSIAN FEDERATION JOINT
DATA EXCHANGE CENTER ON EARLY WARN-
ING SYSTEMS AND NOTIFICATION OF MISSILE
LAUNCHES.
(a) AUTHORITY.—The Secretary of Defense is author-
ized 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.
(b) SPECIFIC ACTIONS.—The actions that the Sec-
retary jointly undertakes for the establishment of the center
may include the renovation of a mutually agreed upon fa-
cility to be made available by the Russian Federation and
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the provision of such equipment and supplies as may be
necessary to commence the operation of the center.
SEC. 1214. ADJUSTMENT OF COMPOSITE THEORETICAL
PERFORMANCE LEVELS OF HIGH PERFORM-
ANCE COMPUTERS.
(a) LAYOVER PERIOD FOR NEW PERFORMANCE LEV-
ELS.—Section 1211 of the National Defense Authorization
Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note) is
amended—
(1) in the second sentence of subsection (d), by
striking ‘‘180’’ and inserting ‘‘60’’; and
(2) by adding at the end the following:
‘‘(g) CALCULATION OF 60-DAY PERIOD.—The 60-day
period referred to in subsection (d) shall be calculated by
excluding the days on which either House of Congress is
not in session because of an adjournment of the Congress
sine die.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (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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TITLE XIII—NAVY ACTIVITIES ON
THE 
ISLAND 
OF 
VIEQUES,
PUERTO RICO
SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON
VIEQUES.
(a) AUTHORITY.—The President may provide eco-
nomic assistance under this section for the people and com-
munities of the island of Vieques.
(b) MAXIMUM AMOUNT.—The total amount of eco-
nomic assistance provided under this section may, subject
to section 1303(b), be any amount up to $40,000,000.
SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINU-
ATION OF NAVY TRAINING.
(a) REFERENDUM.—
(1) REQUIREMENT.—The President shall, except
as provided in paragraph (2), provide for a ref-
erendum to be conducted on the island of Vieques to
determine by a majority of the votes cast in the ref-
erendum 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 on the conditions de-
scribed in subsection (d).
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(2) EXCEPTION.—If the Chief of Naval Oper-
ations 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 a ref-
erendum under this section, no proposition or option may
be presented as an alternative to the propositions of ap-
proval and of disapproval of the continuation of the conduct
of training as described in subsection (a)(1).
(c) TIME FOR REFERENDUM.—A 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.
(d) REQUIRED TRAINING CONDITIONS.—For the pur-
poses of a 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 rea-
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sonable period in advance of, the referendum. The condi-
tions 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 condi-
tion that the training may be conducted on not more
than 90 days each year.
(e) PROCLAMATION OF OUTCOME.—Promptly after a
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.
(f) VIEQUES ELECTORATE DEFINED.—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, as of the date that is 180 days
before the date of the referendum, have an electoral domicile
on, and are duly registered to vote on, the island of Vieques
under the laws of the Commonwealth of Puerto Rico.
SEC. 1303. 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 1302 declar-
ing that the continuation of the conduct of training (includ-
ing live-fire training) by the Armed Forces at the Navy’s
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training sites on the island of Vieques on the conditions
described in subsection (d) of that section is approved in
a referendum conducted under that section.
(b) ADDITIONAL ECONOMIC ASSISTANCE.—The Presi-
dent may provide economic assistance for the people and
communities of the island of Vieques in a total amount up
to $50,000,000 in addition to the total amount of economic
assistance authorized to be provided under section 1301.
SEC. 1304. 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 1302 declaring that the con-
tinuation of the conduct of training (including live-
fire training) by the Armed Forces at the Navy’s
training sites on the island of Vieques on the condi-
tions described in subsection (d) of that section is not
approved in the referendum conducted under that sec-
tion.
(2) The requirement for a referendum under sec-
tion 1302 ceases to be effective under subsection (a)(2)
of that section.
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(b) ACTIONS REQUIRED
OF SECRETARY
OF DE-
FENSE.—The Secretary of Defense—
(1) shall, not later than May 1, 2003—
(A) terminate all Navy and Marine Corps
training operations on the island of Vieques; and
(B) terminate all Navy and Marine Corps
operations at Roosevelt Roads, Puerto Rico, that
are related to the use of the training range on
the island of Vieques by the Navy and the Ma-
rine Corps.
(2) may relocate the units of the Armed Forces
(other than those of the reserve components) and ac-
tivities of the Department of Defense (including non-
appropriated fund activities) at Fort Buchanan,
Puerto Rico, to Roosevelt Roads, Puerto Rico, to en-
sure maximum utilization of capacity;
(3) shall close the Department of Defense instal-
lations and facilities on the island of Vieques (other
than properties exempt from transfer under section
1305); and
(4) shall, except as provided in section 1305,
transfer to the Secretary of the Interior—
(A) the Live Impact Area on the island of
Vieques;
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(B) all Department of Defense real prop-
erties on the eastern side of that island that are
identified as conservation zones; and
(C) all other Department of Defense real
properties on the eastern side of that island.
(c) ACTIONS REQUIRED OF SECRETARY OF THE INTE-
RIOR.—The Secretary of the Interior shall retain, and may
not dispose of any of, the properties transferred under sub-
section (b)(4) pending the enactment of a law that addresses
the disposition of those properties.
(d) GAO REVIEW.—
(1) REQUIREMENT
FOR
REVIEW.—The Comp-
troller General shall review the requirement for the
continued use of Fort Buchanan by active Army
forces and shall submit to the congressional defense
committees a report on the review. The report shall
contain the following:
(A) FINDINGS.—The findings resulting from
the review.
(B) 
RECOMMENDATIONS.—Recommenda-
tions regarding the closure of Fort Buchanan
and the consolidation of United States military
forces to Roosevelt Roads, Puerto Rico.
(2) TIME
FOR
SUBMITTAL
OF
REPORT.—The
Comptroller General shall submit the report under
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paragraph (1) not later than one year after the date
of the referendum conducted under section 1302 or the
date on which a certification is submitted to the con-
gressional 
defense 
committees 
under 
section
1302(a)(2), as the case may be.
SEC. 1305. EXEMPT PROPERTY.
(a) IN GENERAL.—The Department of Defense prop-
erties and property interests described in subsection (b)
may not be transferred out of the Department of Defense
under this title.
(b) PROPERTIES DESCRIBED.—The exemption under
subsection (a) applies to the following Department of De-
fense properties and property interests on the island of
Vieques:
(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 Defense determines necessary for—
(A) ensuring access to the properties re-
ferred to in paragraphs (1) and (2);
(B) providing utilities for such properties;
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(C) ensuring the security of such properties;
and
(D) ensuring effective maintenance and op-
erations on the property.
SEC. 1306. MORATORIUM ON IMPROVEMENTS AT FORT BU-
CHANAN.
(a) IN GENERAL.—Except as provided in subsection
(b), no acquisition, construction, conversion, rehabilitation,
extension, or improvement of any facility at Fort Bu-
chanan, 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:
(1) Actions necessary to maintain the existing
facilities (including utilities) at Fort Buchanan.
(2) The construction of reserve component facili-
ties authorized before the date of the enactment of this
Act.
(c) TERMINATION.—This subsection shall cease to be
effective upon the issuance of a proclamation described in
section 1303(a).
SEC. 1307. PROPERTY TRANSFERRED TO SECRETARY OF
THE INTERIOR.
(a) TRANSFERS REQUIRED.—Not later than Sep-
tember 30, 2005, the Secretary of Defense shall, except as
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provided in section 1305, transfer to the Secretary of the
Interior all Department of Defense real properties on the
western part of the island of Vieques that are identified as
conservation zones.
(b) ADMINISTRATION OF PROPERTIES AS WILDLIFE
REFUGES.—The Secretary of the Interior shall administer
as wildlife refuges under the National Wildlife Refuge Sys-
tem Administration Act of 1966 (16 U.S.C. 668dd et seq.)
all properties transferred to the Secretary under this sec-
tion.
SEC. 1308. LIVE IMPACT AREA.
(a) RESPONSIBILITY FOR LIVE IMPACT AREA.—Upon
a termination of Navy and Marine Corps training oper-
ations on the island of Vieques under section 1304(b), and
pending the enactment of a law that addresses the disposi-
tion of the Live Impact Area, the Secretary of the Interior
shall assume responsibility for the administration of the
Live Impact Area and deny public access to the area.
(b) LIVE IMPACT AREA DEFINED.—In this title, 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 targeting by live ordnance in the training of forces
of the Navy and Marine Corps.
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TITLE 
XIV—GOVERNMENT 
IN-
FORMATION 
SECURITY 
RE-
FORM
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Government Informa-
tion Security Act’’.
SEC. 1402. COORDINATION OF FEDERAL INFORMATION POL-
ICY.
Chapter 35 of title 44, United States Code, is amended
by inserting at the end the following:
‘‘SUBCHAPTER II—INFORMATION SECURITY
‘‘§ 3531. Purposes
‘‘The purposes of this subchapter are to—
‘‘(1) provide a comprehensive framework for es-
tablishing and ensuring the effectiveness of controls
over information resources that support Federal oper-
ations and assets;
‘‘(2)(A) 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 interoper-
ability are not adversely affected; and
‘‘(B) provide effective governmentwide manage-
ment and oversight of the related information security
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risks, including coordination of information security
efforts throughout the civilian, national security, and
law enforcement communities;
‘‘(3) provide for development and maintenance of
minimum controls required to protect Federal infor-
mation and information systems; and
‘‘(4) provide a mechanism for improved oversight
of Federal agency information security programs.
‘‘§ 3532. Definitions
‘‘(a) Except as provided under subsection (b), the defi-
nitions under section 3502 shall apply to this subchapter.
‘‘(b) As used in this subchapter the term—
‘‘(1) ‘information technology’ has the meaning
given that term in section 5002 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401); and
‘‘(2) ‘mission critical system’ means any tele-
communications or information system used or oper-
ated 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 sys-
tem 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 spe-
cifically authorized under criteria established by
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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 im-
pact on the mission of an agency.
‘‘§ 3533. Authority and functions of the Director
‘‘(a)(1) The Director shall establish governmentwide
policies for the management of programs that—
‘‘(A) support the cost-effective security of Federal
information systems by promoting security as an in-
tegral component of each agency’s business operations;
and
‘‘(B) include information technology architec-
tures as defined under section 5125 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1425).
‘‘(2) Policies under this subsection shall—
‘‘(A) be founded on a continuing risk manage-
ment cycle that recognizes the need to—
‘‘(i) identify, assess, and understand risk;
and
‘‘(ii) determine security needs commensu-
rate with the level of risk;
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‘‘(B) implement controls that adequately address
the risk;
‘‘(C) promote continuing awareness of informa-
tion security risk; and
‘‘(D) continually monitor and evaluate policy
and control effectiveness of information security prac-
tices.
‘‘(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 oper-
ations, including principles, policies, and guidelines
for the implementation of agency responsibilities
under applicable law for ensuring the privacy, con-
fidentiality, 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), re-
quire Federal agencies to identify and afford security
protections commensurate with the risk and mag-
nitude of the harm resulting from the loss, misuse, or
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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 prin-
ciples 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 cy-
cles of the agency’s information systems;
‘‘(4) oversee the development and implementation
of standards and guidelines relating to security con-
trols for Federal computer systems by the Secretary of
Commerce through the National Institute of Stand-
ards and Technology under section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sec-
tion 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;
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‘‘(B) sections 20 and 21 of the National In-
stitute 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);
‘‘(D) sections 5 and 6 of the Computer Se-
curity 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 appro-
priate, including any action involving the budgetary
process or appropriations management process, to en-
force accountability of the head of an agency for in-
formation resources management, including the re-
quirements of this subchapter, and for the investments
made by the agency in information technology,
including—
‘‘(A) recommending a reduction or an in-
crease 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;
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‘‘(B) reducing or otherwise adjusting appor-
tionments and reapportionments of appropria-
tions for information resources; and
‘‘(C) using other authorized administrative
controls over appropriations to restrict the avail-
ability of funds for information resources.
‘‘(c) The authorities of the Director under this section
may be delegated—
‘‘(1) to the Secretary of Defense, the Director of
Central Intelligence, and other agency head as des-
ignated by the President in the case of systems de-
scribed under subparagraphs (A) and (B) of section
3532(b)(2); and
‘‘(2) in the case of all other Federal information
systems, 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, con-
fidentiality, authenticity, availability, and non-
repudiation of information and information sys-
tems supporting agency operations and assets;
‘‘(B) developing and implementing informa-
tion security policies, procedures, and control
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techniques sufficient to afford security protec-
tions commensurate with the risk and magnitude
of the harm resulting from unauthorized disclo-
sure, 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;
‘‘(2) ensure that appropriate senior agency offi-
cials are responsible for—
‘‘(A) assessing the information security
risks associated with the operations and assets
for programs and systems over which such offi-
cials have control;
‘‘(B) determining the levels of information
security appropriate to protect such operations
and assets; and
‘‘(C) periodically testing and evaluating in-
formation security controls and techniques;
‘‘(3) delegate to the agency Chief Information Of-
ficer established under section 3506, or a comparable
official in an agency not covered by such section, the
authority to administer all functions under this sub-
chapter including—