668
under 
subparagraph 
(A) 
or 
(B) 
of 
section
3532(b)(2).
‘‘(d)(1) The Director shall submit to Congress each
year a report summarizing the materials received from
agencies pursuant to subsection (c) in that year.
‘‘(2) Evaluations and audits of evaluations of systems
under the authority and control of the Director of Central
Intelligence and evaluations and audits of evaluation of
National Foreign Intelligence Programs systems under the
authority and control of the Secretary of Defense shall be
made available only to the appropriate oversight commit-
tees of Congress, in accordance with applicable laws.
‘‘(e) Agencies and evaluators shall take appropriate
actions to ensure the protection of information, the disclo-
sure of which may adversely affect information security.
Such protections shall be commensurate with the risk and
comply with all applicable laws.
‘‘§ 3536. Expiration
‘‘This subchapter shall not be in effect after the date
that is two years after the date on which this subchapter
takes effect.’’.
SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES.
(a) DEPARTMENT OF COMMERCE.—Notwithstanding
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g–3) and except as pro-
669
vided under subsection (b), the Secretary of Commerce,
through the National Institute of Standards and Tech-
nology and with technical assistance from the National Se-
curity Agency, as required or when requested, shall—
(1) develop, issue, review, and update standards
and guidance for the security of Federal information
systems, including development of methods and tech-
niques for security systems and validation programs;
(2) develop, issue, review, and update guidelines
for training in computer security awareness and ac-
cepted computer security practices, with assistance
from the Office of Personnel Management;
(3) provide agencies with guidance for security
planning to assist in the development of applications
and system security plans for such agencies;
(4) provide guidance and assistance to agencies
concerning 
cost-effective 
controls 
when 
inter-
connecting with other systems; and
(5) evaluate information technologies to assess
security vulnerabilities and alert Federal agencies of
such vulnerabilities as soon as those vulnerabilities
are known.
(b) DEPARTMENT OF DEFENSE AND THE INTEL-
LIGENCE COMMUNITY.—
670
(1) IN GENERAL.—Notwithstanding any other
provision of this subtitle (including any amendment
made by this subtitle)—
(A) the Secretary of Defense, the Director
of Central Intelligence, and another agency
head as designated by the President, shall, con-
sistent with their respective authorities—
(i) develop and issue information secu-
rity policies, standards, and guidelines for
systems described under subparagraphs
(A) and (B) of section 3532(b)(2) of title
44, United States Code (as added by sec-
tion 1061 of this Act), that provide more
stringent protection, to the maximum ex-
tent practicable, than the policies, prin-
ciples, standards, and guidelines required
under section 3533 of such title (as added
by such section 1061); and
(ii) ensure the implementation of the
information security policies, principles,
standards, and guidelines described under
clause (i); and
(B) the Secretary of Defense shall, con-
sistent with his authority—
671
(i) develop and issue information secu-
rity policies, standards, and guidelines for
systems described under subparagraph (C)
of section 3532(b)(2) of title 44, United
States Code (as added by section 1061 of
this Act), that are operated by the Depart-
ment of Defense, a contractor of the De-
partment of Defense, or another entity on
behalf of the Department of Defense that
provide more stringent protection, to the
maximum extent practicable, than the poli-
cies, principles, standards, and guidelines
required under section 3533 of such title
(as added by such section 1061); and
(ii) ensure the implementation of the
information security policies, principles,
standards, and guidelines described under
clause (i).
(2) 
MEASURES
ADDRESSED.—The 
policies,
principles, standards, and guidelines developed by
the Secretary of Defense and the Director of Central
Intelligence under paragraph (1) shall address the
full range of information assurance measures needed
to protect and defend Federal information and infor-
672
mation systems by ensuring their integrity, confiden-
tiality, authenticity, availability, and nonrepudiation.
(c) DEPARTMENT OF JUSTICE.—The Attorney Gen-
eral shall review and update guidance to agencies on—
(1) legal remedies regarding security incidents
and ways to report to and work with law enforce-
ment agencies concerning such incidents; and
(2) lawful uses of security techniques and tech-
nologies.
(d) GENERAL SERVICES ADMINISTRATION.—The Ad-
ministrator of General Services shall—
(1) review and update General Services Admin-
istration guidance to agencies on addressing security
considerations when acquiring information tech-
nology; and
(2) assist agencies in—
(A) fulfilling agency responsibilities under
section 3534(b)(2)(F) of title 44, United States
Code (as added by section 1061 of this Act);
and
(B) the acquisition of cost-effective secu-
rity products, services, and incident response
capabilities.
(e) OFFICE OF PERSONNEL MANAGEMENT.—The Di-
rector of the Office of Personnel Management shall—
673
(1) review and update Office of Personnel Man-
agement regulations concerning computer security
training for Federal civilian employees;
(2) assist the Department of Commerce in up-
dating and maintaining guidelines for training in
computer security awareness and computer security
best practices; and
(3) work with the National Science Foundation
and other agencies on personnel and training initia-
tives (including scholarships and fellowships, as au-
thorized by law) as necessary to ensure that the
Federal Government—
(A) has adequate sources of continuing in-
formation security education and training avail-
able for employees; and
(B) has an adequate supply of qualified in-
formation security professionals to meet agency
needs.
(f) INFORMATION SECURITY POLICIES, PRINCIPLES,
STANDARDS, AND GUIDELINES.—
(1) ADOPTION
OF
POLICIES, 
PRINCIPLES,
STANDARDS, AND
GUIDELINES
OF
OTHER
AGEN-
CIES.—The policies, principles, standards, and
guidelines developed under subsection (b) by the
Secretary of Defense, the Director of Central Intel-
674
ligence, and another agency head as designated by
the President may be adopted, to the extent that
such policies are consistent with policies and guid-
ance developed by the Director of the Office of Man-
agement 
and 
Budget 
and 
the 
Secretary 
of
Commerce—
(A) by the Director of the Office of Man-
agement and Budget, as appropriate, for appli-
cation to the mission critical systems of all
agencies; or
(B) by an agency head, as appropriate, for
application to the mission critical systems of
that agency.
(2) DEVELOPMENT OF MORE STRINGENT POLI-
CIES, PRINCIPLES, STANDARDS, AND GUIDELINES.—
To the extent that such policies are consistent with
policies and guidance developed by the Director of
the Office of Management and Budget and the Sec-
retary of Commerce, an agency may develop and im-
plement information security policies, principles,
standards, and guidelines that provide more strin-
gent protection than those required under section
3533 of title 44, United States Code (as added by
section 1061 of this Act), or subsection (a) of this
section.
675
(g) ATOMIC ENERGY ACT OF 1954.—Nothing in this
subtitle (including any amendment made by this subtitle)
shall supersede any requirement made by, or under, the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Re-
stricted Data or Formerly Restricted Data shall be han-
dled, protected, classified, downgraded, and declassified in
conformity with the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION AS-
SURANCE PROGRAM TO GOVERNMENT-WIDE
INFORMATION SECURITY PROGRAM.
(a) CONSISTENCY OF REQUIREMENTS.—Subsection
(b) of section 2224 of title 10, United States Code, is
amended—
(1) by striking ‘‘(b) OBJECTIVES OF THE PRO-
GRAM.—’’ and inserting ‘‘(b) OBJECTIVES AND MIN-
IMUM REQUIREMENTS.—(1)’’; and
(2) by adding at the end the following:
‘‘(2) The program shall at a minimum meet the re-
quirements of sections 3534 and 3535 of title 44.’’.
(b) ADDITION TO ANNUAL REPORT.—Subsection (e)
of such section is amended by adding at the end the fol-
lowing new paragraph:
676
‘‘(7) A summary of the actions taken in the ad-
ministration of sections 3534 and 3535 of title 44
within the Department of Defense.’’.
SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TABLE OF SECTIONS.—Chapter 35 of title 44,
United States Code, is amended—
(1) in the table of sections—
(A) by inserting after the chapter heading
the following:
‘‘SUBCHAPTER I—FEDERAL INFORMATION POLICY’’;
and
(B) by inserting after the item relating to
section 3520 the following:
‘‘SUBCHAPTER II—INFORMATION SECURITY
‘‘Sec.
‘‘3531. Purposes.
‘‘3532. Definitions.
‘‘3533. Authority and functions of the Director.
‘‘3534. Federal agency responsibilities.
‘‘3535. Annual independent evaluation.
‘‘3536. Expiration.’’;
and
(2) by inserting before section 3501 the fol-
lowing:
‘‘SUBCHAPTER I—FEDERAL INFORMATION
POLICY’’.
(b) REFERENCES TO CHAPTER 35.—Sections 3501
through 3520 of title 44, United States Code, are amend-
ed by striking ‘‘chapter’’ each place it appears and insert-
677
ing ‘‘subchapter’’, except in section 3507(i)(1) of such
title.
SEC. 1065. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title shall take effect 30 days after the date of enactment
of this Act.
Subtitle H—Security Matters
SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEAR-
ANCES.
(a) IN GENERAL.—Chapter 49 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 986. Security clearances: limitations
‘‘(a) PROHIBITION.—After the date of the enactment
of this section, the Department of Defense may not grant
or renew a security clearance for a person to whom this
section applies who is described in subsection (c).
‘‘(b) COVERED PERSONS.—This section applies to the
following persons:
‘‘(1) An officer or employee of the Department
of Defense.
‘‘(2) A member of the Army, Navy, Air Force,
or Marine Corps who is on active duty or is in an
active status.
678
‘‘(3) An officer or employee of a contractor of
the Department of Defense.
‘‘(c) PERSONS DISQUALIFIED FROM BEING GRANT-
ED SECURITY CLEARANCES.—A person is described in
this subsection if any of the following applies to that per-
son:
‘‘(1) The person has been convicted in any
court of the United States of a crime and sentenced
to imprisonment for a term exceeding one year.
‘‘(2) The person is an unlawful user of, or is
addicted to, a controlled substance (as defined in
section 102 of the Controlled Substances Act (21
U.S.C. 802)).
‘‘(3) The person is mentally incompetent, as de-
termined by a mental health professional approved
by the Department of Defense.
‘‘(4) The person has been discharged or dis-
missed from the Armed Forces under dishonorable
conditions.
‘‘(d) WAIVER AUTHORITY.—In a meritorious case,
the Secretary of Defense or the Secretary of the military
department concerned may authorize an exception to the
prohibition in subsection (a) for a person described in
paragraph (1) or (4) of subsection (c). The authority
under the preceding sentence may not be delegated.
679
‘‘(e) ANNUAL REPORT.—Not later than February 1
each year, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House
of Representatives a report identifying each waiver issued
under subsection (d) during the preceding year with an
explanation for each case of the disqualifying factor in
subsection (c) that applied, and the reason for the waiver
of the disqualification.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘986. Security clearances: limitations.’’.
SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND IN-
VESTIGATIONS FOR SECURITY CLEARANCES
FOR DEPARTMENT OF DEFENSE PERSONNEL
AND DEFENSE CONTRACTOR PERSONNEL.
(a) ESTABLISHMENT OF PROCESS.—Chapter 80 of
title 10, United States Code, is amended by adding after
section 1563, as added by section 542(a), the following
new section:
‘‘§ 1564. Security clearance investigations
‘‘(a) EXPEDITED PROCESS.—The Secretary of De-
fense shall prescribe a process for expediting the comple-
tion of the background investigations necessary for grant-
ing security clearances for Department of Defense per-
sonnel and Department of Defense contractor personnel
680
who are engaged in sensitive duties that are critical to the
national security.
‘‘(b) REQUIRED FEATURES.—The process developed
under subsection (a) shall provide for the following:
‘‘(1) Quantification of the requirements for
background investigations necessary for grants of se-
curity clearances for Department of Defense per-
sonnel and Department of Defense contractor per-
sonnel.
‘‘(2) Categorization of personnel on the basis of
the degree of sensitivity of their duties and the ex-
tent to which those duties are critical to the national
security.
‘‘(3) Prioritization of the processing of back-
ground investigations on the basis of the categories
of personnel determined under paragraph (2).
‘‘(c) ANNUAL REVIEW.—The Secretary shall conduct
an annual review of the process prescribed under sub-
section (a) and shall revise that process as determined nec-
essary in relation to ongoing Department of Defense mis-
sions.
‘‘(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.
681
‘‘(e) SENSITIVE DUTIES.—For the purposes of this
section, it is not necessary for the performance of duties
to involve classified activities or classified matters in order
for the duties to be considered sensitive and critical to the
national security.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
after the item relating to section 1563, as added by section
542(b), the following new item:
‘‘1564. Security clearance investigations.’’.
(c) DEADLINE
FOR PRESCRIBING PROCESS
FOR
PRIORITIZING BACKGROUND INVESTIGATIONS FOR SECU-
RITY CLEARANCES.—The process required by section
1564(a) of title 10, United States Code, as added by sub-
section (a), for expediting the completion of the back-
ground investigations necessary for granting security
clearances for certain persons shall be prescribed not later
than January 1, 2001.
SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE
INFORMATION FROM PUBLIC DISCLOSURE.
(a) IN GENERAL.—Chapter 3 of title 10, United
States Code, is amended by inserting after section 130b
the following new section:
682
‘‘§ 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 (h))
may withhold from public disclosure otherwise required by
law sensitive information of foreign governments in ac-
cordance with this section.
‘‘(b) INFORMATION ELIGIBLE
FOR EXEMPTION.—
For the purposes of this section, information is sensitive
information of a foreign government only if the national
security official concerned makes each of the following de-
terminations 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 organi-
zation.
‘‘(2) That the foreign government or inter-
national organization is withholding the information
from public disclosure (relying for that determina-
tion on the written representation of the foreign gov-
ernment or international organization to that effect).
‘‘(3) That any of the following conditions are
met:
683
‘‘(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 Govern-
ment 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
specified in regulations prescribed under sub-
section (f) as being information the release of
which would have an adverse effect on the abil-
ity 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
another agency sensitive information of a foreign govern-
ment, as determined by that national security official
under subsection (b), and informs the head of the other
agency of that determination, then the head of the other
agency shall withhold the information from any public dis-
closure unless that national security official specifically
authorizes the disclosure.
684
‘‘(d) LIMITATIONS.—(1) If a request for disclosure
covers any sensitive information of a foreign government
(as described in subsection (b)) that came into the posses-
sion or under the control of the United States Government
before the date of the enactment of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001
and more than 25 years before the request is received by
an agency, the information may be withheld only as set
forth in paragraph (3).
‘‘(2)(A) If a request for disclosure covers any sen-
sitive information of a foreign government (as described
in subsection (b)) that came into the possession or under
the control of the United States Government on or after
the date referred to in paragraph (1), the authority to
withhold the information under this section is subject to
the provisions of subparagraphs (B) and (C).
‘‘(B) Information referred to in subparagraph (A)
may not be withheld under this section after—
‘‘(i) the date that is specified by a foreign gov-
ernment or international organization in a request
or expression of a condition described in paragraph
(1) or (2) of subsection (b) that is made by the for-
eign government or international organization con-
cerning the information; or
685
‘‘(ii) if there are more than one such foreign
governments or international organizations, the lat-
est 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
concerned in accordance with the regulations prescribed
under subsection (g)(2), any such government or organiza-
tion requests in writing that the information not be dis-
closed for an additional period stated in the request of
that government or organization. After the national secu-
rity official concerned considers the request of the foreign
government or international organization, the official shall
designate a later date as the date after which the informa-
tion is not to be withheld under this section. The later
date may be extended in accordance with a later request
686
of any such foreign government or international organiza-
tion 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 Ex-
ecutive order and are classified, properly, at the confiden-
tial, 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
regulations to carry out this section. The regulations shall
include criteria for making the determinations required
under subsection (b). The regulations may provide for con-
trols on access to and use of, and special markings and
687
specific safeguards for, a category or categories of infor-
mation subject to this section.
‘‘(2) The regulations shall include procedures for no-
tifying and consulting with each foreign government or
international organization concerned about requests for
disclosure of information to which this section applies.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) The term ‘national security official con-
cerned’ means the following:
‘‘(A) The Secretary of Defense, with re-
spect to information of concern to the Depart-
ment of Defense, as determined by the Sec-
retary.
‘‘(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 re-
spect to information concerning the national se-
curity programs of the Department of Energy,
as determined by the Secretary.
‘‘(2) The term ‘agency’ has the meaning given
that term in section 552(f) of title 5.
688
‘‘(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 immuni-
ties 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
engage 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
governments and international organizations.’’.
689
SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEO-
DETIC PRODUCTS OF THE DEPARTMENT OF
DEFENSE FROM PUBLIC DISCLOSURE.
Section 455(b)(1)(C) of title 10, United States Code,
is amended by striking ‘‘or reveal military operational or
contingency plans’’ and inserting ‘‘, reveal military oper-
ational or contingency plans, or reveal, jeopardize, or com-
promise military or intelligence capabilities’’.
SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVI-
TIES.
(a) IDENTIFICATION
IN BUDGET MATERIALS
OF
AMOUNTS FOR DECLASSIFICATION ACTIVITIES.—Section
230 of title 10, United States Code, is amended—
(1) by striking ‘‘, as a budgetary line item,’’;
and
(2) by adding at the end the following new sen-
tence: ‘‘Identification of such amounts in such budg-
et justification materials shall be in a single display
that shows the total amount for the Department of
Defense and the amount for each military depart-
ment and Defense Agency.’’.
(b) LIMITATION
ON
EXPENDITURES.—The total
amount expended by the Department of Defense during
fiscal year 2001 to carry out declassification activities
under the provisions of sections 3.4, 3.5, and 3.6 of Execu-
tive Order 12958 (50 U.S.C. 435 note) and for special
690
searches (including costs for document search, copying,
and review and imagery analysis) may not exceed
$30,000,000.
(c) 
COMPILATION
AND
ORGANIZATION
OF
RECORDS.—The Department of Defense may not be re-
quired, when conducting a special search, to compile or
organize records that have already been declassified and
placed into the public domain.
(d) SPECIAL SEARCHES.—For the purpose of this
section, the term ‘‘special search’’ means the response of
the Department of Defense to any of the following:
(1) A statutory requirement to conduct a de-
classification review on a specified set of agency
records.
(2) An Executive order to conduct a declas-
sification review on a specified set of agency records.
(3) An order from the President or an official
with delegated authority from the President to con-
duct a declassification review on a specified set of
agency records.
691
SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY
RECORD INFORMATION FOR NATIONAL SE-
CURITY AND OTHER PURPOSES
(a) COVERAGE
OF DEPARTMENT
OF TRANSPOR-
TATION.—Section 9101 of title 5, United States Code, is
amended—
(1) by adding at the end of subsection (a) the
following new paragraph:
‘‘(6) The term ‘covered agency’ means any of
the following:
‘‘(A) The Department of Defense.
‘‘(B) The Department of State.
‘‘(C) The Department of Transportation.
‘‘(D) The Office of Personnel Manage-
ment.
‘‘(E) The Central Intelligence Agency.
‘‘(F) The Federal Bureau of Investiga-
tion.’’;
(2) in subsection (b)(1)—
(A) by striking ‘‘by the Department of De-
fense’’ and all that follows through ‘‘Federal
Bureau of Investigation’’ and inserting ‘‘by the
head of a covered agency’’; and
(B) by striking ‘‘such department, office,
agency, or bureau’’ and inserting ‘‘that covered
agency’’; and
692
(3) in subsection (c), by striking ‘‘The Depart-
ment of Defense’’ and all that follows through ‘‘Fed-
eral Bureau of Investigation’’ and inserting ‘‘A cov-
ered agency’’.
(b) REPEAL OF EXPIRED PROVISION.—Subsection
(b) of such section is amended by striking paragraph (3).
(c) EXPANDED PURPOSES FOR ACCESS TO CRIMINAL
HISTORY INFORMATION.—Subsection (b) of such section
is further amended—
(1) by redesignating paragraph (2) as para-
graph (4);
(2) in the first sentence of paragraph (1)—
(A) by inserting ‘‘any of the following:’’
after ‘‘eligibility for’’; and
(B) by striking ‘‘(A) access to classified in-
formation’’ and all that follows through the end
of the sentence and inserting the following:
‘‘(A) Access to classified information.
‘‘(B) Assignment to or retention in sensitive 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 po-
693
sition while either employed by the Government or
performing a Government contract.’’;
(3) by designating the second sentence of para-
graph (1) as paragraph (2); and
(4) by designating the third sentence of para-
graph (1) as paragraph (3) and in that sentence by
striking ‘‘, nor shall’’ and all that follows through
the end of the sentence and inserting a period.
(d) USE OF AUTOMATED INFORMATION DELIVERY
SYSTEMS.—Such section is further amended—
(1) by redesignating subsection (e) as sub-
section (f); and
(2) by inserting after subsection (d) the fol-
lowing new subsection (e):
‘‘(e)(1) Automated information delivery systems shall
be used to provide criminal history record information to
a covered agency under subsection (b) whenever available.
‘‘(2) Fees, if any, charged for automated access
through such systems may not exceed the reasonable cost
of providing such access.
‘‘(3) The criminal justice agency providing the crimi-
nal history record information through such systems may
not limit disclosure on the basis that the repository is
accessed from outside the State.
694
‘‘(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.’’.
(e) TECHNICAL AMENDMENTS.—Subsection (a) of
such section is amended—
(1) in paragraph (1), by striking ‘‘includes’’
and all that follows through ‘‘thereof which’’ and in-
serting ‘‘means (A) any Federal, State, or local
court, and (B) any Federal, State, or local agency,
or any subunit thereof, which’’; and
(2) in paragraph (4)—
(A) by inserting ‘‘the Commonwealth of’’
before ‘‘the Northern Mariana Islands’’; and
(B) by striking ‘‘the Trust Territory of the
Pacific Islands,’.
(f) CONFORMING AMENDMENTS.—(1)(A) The head-
ing for chapter 91 of title 5, United States Code, is
amended to read as follows:
695
‘‘CHAPTER 91—ACCESS TO CRIMINAL HIS-
TORY RECORDS FOR NATIONAL SECU-
RITY AND OTHER PURPOSES’’.
(B) The item relating to chapter 91 in the table of
chapters at the beginning of part III of such title is
amended to read as follows:
‘‘91. Access to Criminal History Records for National Security and
Other Purposes ............................................................. 9101’’.
(2)(A) The heading of section 9101 of such title is
amended to read as follows:
‘‘§ 9101. Access to criminal history records for na-
tional security and other purposes’’.
(B) The item relating to that section in the table of
sections at the beginning of chapter 91 of such title is
amended to read as follows:
‘‘9101. Access to criminal history records for national security and other pur-
poses.’’.
(g) REPEAL OF SUPERSEDED PROVISION.—(1) Sec-
tion 520a of title 10, United States Code, is repealed.
(2) The table of sections at the beginning of chapter
31 of such title is amended by striking the item relating
to section 520a.
696
SEC. 1077. 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. 1078. COORDINATION OF NUCLEAR WEAPONS SE-
CRECY POLICIES AND CONSIDERATION OF
HEALTH OF WORKERS AT FORMER DEPART-
MENT OF DEFENSE NUCLEAR FACILITIES.
(a) REVIEW OF SECRECY POLICIES.—(1) The Sec-
retary of Defense shall review classification and security
policies of the Department of Defense in order to ensure
that, within appropriate national security constraints,
those policies do not prevent or discourage former defense
nuclear weapons facility employees who may have been ex-
posed to radioactive or other hazardous substances associ-
ated with nuclear weapons from discussing such exposures
with appropriate health care providers and with other ap-
propriate officials.
(2) The policies reviewed under paragraph (1) shall
include the policy to neither confirm nor deny the presence
of nuclear weapons as that policy is applied to former de-
fense nuclear weapons facilities.
(b) DEFINITIONS.—For purposes of this section:
697
(1) The term ‘‘former defense nuclear weapons
facility employees’’ means employees and former em-
ployees of the Department of Defense who are or
were employed at a site that, as of the date of the
enactment of this Act, is a former defense nuclear
weapons facility.
(2) The term ‘‘former defense nuclear weapons
facility’’ means a current or former Department of
Defense site in the United States which at one time
was a defense nuclear weapons facility but which no
longer contains nuclear weapons or materials and
otherwise is no longer used for such purpose.
(3) The term ‘‘defense nuclear weapons facil-
ity’’ means a Department of Defense site in the
United States at which nuclear weapons or materials
are stored, assembled, disassembled, or maintained.
(c) NOTIFICATION OF AFFECTED EMPLOYEES.—(1)
The Secretary of Defense shall seek to identify
individuals—
(A) who are former defense nuclear weapons fa-
cility employees; and
(B) who, while employed at a defense nuclear
weapons facility, may have been exposed to radio-
active or hazardous substances associated with nu-
clear weapons.
698
(2) Upon identification of any individual under para-
graph (1), the Secretary of Defense shall notify that indi-
vidual, by mail or other individual means, of any such ex-
posure to radioactive or hazardous substances associated
with nuclear weapons that has been identified by the Sec-
retary. The notification shall include an explanation of
how (or the degree to which) that individual can discuss
any such exposure with a health care provider who does
not hold a security clearance without violating security or
classification procedures and, if necessary, provide guid-
ance to facilitate the ability of that individual to contact
a health care provider with appropriate security clearances
or otherwise to discuss such exposures with other officials
who are determined by the Secretary of Defense to be ap-
propriate.
(d) REPORT.—Not later than May 1, 2001, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report setting
forth—
(1) the results of the review conducted under
subsection (a), including any changes made or rec-
ommendations for legislation; and
(2) the status of the notifications required by
subsection (b) and an anticipated date by which the
699
identification and notification of individuals under
that subsection will be completed.
(e) CONSULTATION WITH SECRETARY OF ENERGY.—
The Secretary of Defense shall carry out the review under
subsection (a) and the identification of individuals under
subsection (b), and shall prepare the report under sub-
section (c), in consultation with the Secretary of Energy.
Subtitle I—Other Matters
SEC. 1081. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER
DEFENSE EXPORT LOAN GUARANTEE PRO-
GRAM.
(a) AUTHORITY TO USE OPERATION AND MAINTE-
NANCE FUNDS ON AN INTERIM BASIS.—Section 2540c(d)
of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘FEES.—’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available
(or are not anticipated to be available) in a sufficient
amount for administrative expenses of the Department of
Defense for that fiscal year that are directly attributable
to the administration of the program under this sub-
chapter, the Secretary may use amounts currently avail-
able for operations and maintenance for Defense-wide ac-
700
tivities, not to exceed $500,000 in any fiscal year, for
those expenses.
‘‘(B) The Secretary shall, from funds in the special
account established under paragraph (1), replenish oper-
ations and maintenance accounts for amounts expended
under subparagraph (A) as soon as the Secretary deter-
mines practicable.’’.
(b) EFFECTIVE DATE.—Paragraph (2) of section
2540c(d) of title 10, United States Code, as added by sub-
section (a), shall take effect on October 1, 2000.
(c) LIMITATION
PENDING
SUBMISSION
OF
RE-
PORT.—The Secretary of Defense may not exercise the au-
thority provided by paragraph (2) of section 2540c(d) of
title 10, United States Code, as added by subsection (a),
until the Secretary submits to Congress a report on the
operation of the Defense Export Loan Guarantee Program
under subchapter V of chapter 148 of title 10, United
States Code. The report shall include the following:
(1) A discussion of the effectiveness of the loan
guarantee program in furthering the sale of United
States defense articles, defense services, and design
and construction services to nations that are speci-
fied in section 2540(b) of such title, to include a
comparison of the loan guarantee program with
other United States Government programs that are
701
intended to contribute to the sale of United States
defense articles, defense services, and design and
construction services and other comparisons the Sec-
retary determines to be appropriate.
(2) A discussion of the requirements and re-
sources (including personnel and funds) for contin-
ued administration of the loan guarantee program
by the Defense Department, to include—
(A) an itemization of the requirements nec-
essary and resources available (or that could be
made available) to administer the loan guar-
antee program for each of the following entities:
the Defense Security Cooperation Agency, the
Department of Defense International Coopera-
tion Office, and other Defense Department
agencies, offices, or activities as the Secretary
may specify; and
(B) for each such activity, agency, or of-
fice, a comparison of the use of Defense De-
partment personnel exclusively to administer,
manage, and oversee the program with the use
of contracted commercial entities to administer
and manage the program.
702
(3) Any legislative recommendations that the
Secretary believes could improve the effectiveness of
the program.
(4) A determination made by the Secretary of
Defense indicating which Defense Department agen-
cy, office, or other activity should administer, man-
age, and oversee the loan guarantee program to in-
crease sales of United States defense articles, de-
fense services, and design and construction services,
such determination to be made based on the infor-
mation and analysis provided in the report.
SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF
DEFENSE PERSONNEL IN POOR AIR QUALITY
AREAS.
(a) IN GENERAL.—(1) Chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2259. Transit pass program: personnel in poor air
quality areas
‘‘(a) ESTABLISHMENT OF PROGRAM.—To encourage
Department of Defense personnel assigned to duty, or em-
ployed, in poor air quality areas to use means other than
single-occupancy motor vehicles to commute to or from the
location of their duty assignments, the Secretary of De-
fense shall exercise the authority provided in section 7905
703
of title 5 to establish a program to provide a transit pass
benefit under subsection (b)(2)(A) of that section for
members of the Army, Navy, Air Force, and Marine Corps
who are assigned to duty, and to Department of Defense
civilian officers and employees who are employed, in a poor
air quality area.
‘‘(b) POOR AIR QUALITY AREAS.—In this section, the
term ‘poor air quality area’ means an area—
‘‘(1) that is subject to the national ambient air
quality standards promulgated by the Administrator
of the Environmental Protection Agency under sec-
tion 109 of the Clean Air Act (42 U.S.C. 7409); and
‘‘(2) that, as determined by the Administrator
of the Environmental Protection Agency, is a non-
attainment area with respect to any of those stand-
ards.’’.
(2) The table of sections at the beginning of sub-
chapter II of such chapter is amended by adding at the
end the following new item:
‘‘2259. Transit pass program: personnel in poor air quality areas.’’.
(b) TIME FOR IMPLEMENTATION.—The Secretary of
Defense shall prescribe the effective date for the transit
pass program required under section 2259 of title 10,
United States Code, as added by subsection (a). The effec-
tive date so prescribed may not be later than the first day
704
of the first month that begins on or after the date that
is 180 days after the date of the enactment of this Act.
SEC. 1083. TRANSFER OF VIETNAM ERA TA–4 AIRCRAFT TO
NONPROFIT FOUNDATION.
(a) AUTHORITY TO CONVEY.—The Secretary of the
Navy may convey, without consideration, to the nonprofit
Collings Foundation of Stow, Massachusetts (in this sec-
tion referred to as the ‘‘foundation’’), all right, title, and
interest of the United States in and to one surplus TA–
4 aircraft that is flyable or that can be readily restored
to flyable condition. The conveyance shall be made by
means of a conditional deed of gift.
(b) CONDITION OF AIRCRAFT.—(1) The Secretary
may not convey ownership of an aircraft under subsection
(a) until the Secretary determines that the foundation has
altered the aircraft in such manner as the Secretary deter-
mines necessary to ensure that the aircraft does not have
any capability for use as a platform for launching or re-
leasing munitions or any other combat capability that it
was designed to have. The foundation shall complete any
such alteration within one year after the date of the enact-
ment of this Act.
(2) The Secretary is not required to repair or alter
the condition of the aircraft before conveying ownership
of the aircraft.
705
(c) REVERTER UPON BREACH OF CONDITIONS.—
The Secretary shall include in the instrument of convey-
ance of the aircraft—
(1) a condition that the foundation not convey
any ownership interest in, or transfer possession of,
the aircraft to any other party without the prior ap-
proval of the Secretary;
(2) a condition that the foundation operate and
maintain the aircraft in compliance with all applica-
ble limitations and maintenance requirements im-
posed by the Administrator of the Federal Aviation
Administration; and
(3) a condition that if the Secretary determines
at any time that the foundation has conveyed an
ownership interest in, or transferred possession of,
the aircraft to any other party without the prior ap-
proval of the Secretary, or has failed to comply with
the condition set forth in paragraph (2), all right,
title, and interest in and to the aircraft, including
any repair or alteration of the aircraft, shall revert
to the United States, and the United States shall
have the right of immediate possession of the air-
craft.
(d) CONVEYANCE
AT NO COST
TO
THE UNITED
STATES.—The conveyance of the aircraft under subsection
706
(a) shall be made at no cost to the United States. Any
costs associated with the conveyance, costs of determining
compliance with subsection (b), and costs of operation and
maintenance of the aircraft conveyed shall be borne by the
foundation.
(e) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary may require such additional terms and condi-
tions in connection with a conveyance under this section
as the Secretary considers appropriate to protect the inter-
ests of the United States.
(f ) CLARIFICATION OF LIABILITY.—Notwithstanding
any other provision of law, upon the conveyance of owner-
ship of a TA–4 aircraft to the foundation under subsection
(a), the United States shall not be liable for any death,
injury, loss, or damage that results from any use of that
aircraft by any person other than the United States.
SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MU-
SEUM.
(a) DONATION REQUIRED.—The Secretary of the
Army shall convey, without consideration, to the Friends
of the Cannonball House, Incorporated (in this section re-
ferred to as the ‘‘recipient’’), which is a nonprofit corpora-
tion that operates the Cannonball House Museum in
Macon, Georgia, all right, title, and interest of the United
707
States in and to a 12-pounder Napoleon cannon bearing
the following markings:
(1) On the top ‘‘CS’’.
(2) On the face of the muzzle: ‘‘Macon Arsenal,
1864/No.41/1164 ET’’.
(3) On the right trunnion: ‘‘Macon Arsenal
GEO/1864/No.41/WT.1164/E.T.’’.
(b) ADDITIONAL TERMS AND CONDITIONS ON CON-
VEYANCE.—The Secretary of the Army shall include in the
instrument of conveyance of the cannon under subsection
(a)—
(1) a condition that the recipient not convey
any ownership interest in, or transfer possession of,
the cannon to any other party without the prior ap-
proval of the Secretary; and
(2) a condition that if the Secretary determines
at any time that the recipient has conveyed an own-
ership interest in, or transferred possession of, the
cannon to any other party without the prior ap-
proval of the Secretary, all right, title, and interest
in and to the cannon shall revert to the United
States, and the United States shall have the right of
immediate possession of the cannon.
(c) RELATIONSHIP TO OTHER LAW.—The convey-
ance required under this section may be carried out with-
708
out regard to the Act entitled ‘‘An Act for the preservation
of American antiquities’’, approved June 8, 1906 (16
U.S.C. 431 et seq.), popularly referred to as the ‘‘Antiq-
uities Act of 1906’’.
(d) ACQUISITION OF REPLACEMENT MACON CAN-
NON.—If the Secretary of the Army determines that the
Army’s inventory of Civil War era cannons should include
an additional cannon documented as having been manu-
factured in Macon, Georgia, to replace the cannon con-
veyed under subsection (a), the Secretary may acquire
such a cannon by donation or purchase with funds made
available for this purpose.
SEC. 1085. 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 fol-
lowing new section:
‘‘§ 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.
709
‘‘(b) EXCEPTIONS.—A fee may not be charged under
this section—
‘‘(1) to a person for information that the person
requests to carry out a duty as a member of the
armed forces or an officer or employee of the United
States; or
‘‘(2) for a release of information under section
552 of title 5.
‘‘(c) LIMITATION ON AMOUNT.—A fee charged for
providing information under this section may not exceed
the cost of providing the information.
‘‘(d) RETENTION OF FEES.—Amounts received under
subsection (a) for providing information in any fiscal year
shall be credited to the appropriation or appropriations
charged the costs of providing information to the public
from the United States Army Military History Institute
during that fiscal year.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Army Military
History Institute’ means the archive for historical
records and materials of the Army that the Sec-
retary of the Army 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 mean-
710
ings given the terms ‘officer’ and ‘employee’, respec-
tively, in sections 2104 and 2105, respectively, of
title 5.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘4595. Army Military History Institute: fee for providing historical information
to the public.’’.
(b) NAVY.—(1) Chapter 649 of such title is amended
by adding at the end the following new section:
‘‘§ 7582. Naval and Marine Corps Historical Centers:
fee for providing historical information
to the public
‘‘(a) AUTHORITY.—Except as provided in subsection
(b), the Secretary of the Navy may charge a person a fee
for providing the person with information from the United
States Naval Historical Center or the Marine Corps His-
torical 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.
711
‘‘(c) LIMITATION ON AMOUNT.—A fee charged for
providing information under this section may not exceed
the cost of providing the information.
‘‘(d) RETENTION OF FEES.—Amounts received under
subsection (a) for providing information from the United
States Naval Historical Center or the Marine Corps His-
torical Center in any fiscal year shall be credited to the
appropriation or appropriations charged the costs of pro-
viding information to the public from that historical center
during that fiscal year.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Naval Historical
Center’ means the archive for historical records and
materials of the Navy that the Secretary of the Navy
designates as the primary archive for such records
and materials.
‘‘(2) The term ‘Marine Corps Historical Center’
means the archive for historical records and mate-
rials 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 mean-
ings given the terms ‘officer’ and ‘employee’, respec-
712
tively, in sections 2104 and 2105, respectively, of
title 5.’’.
(2) The heading of such chapter is amended by strik-
ing ‘‘RELATED’’.
(3)(A) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7582. Naval and Marine Corps Historical Centers: fee for providing historical
information to the public.’’.
(B) The item relating to such chapter in the tables
of chapters at the beginning of subtitle C of such title and
the beginning of part IV of such subtitle is amended by
striking out ‘‘Related’’.
(c) AIR FORCE.—(1) Chapter 937 of such title is
amended by adding at the end the following new section:
‘‘§ 9594. Air Force Military History Institute: fee for
providing historical information to the
public
‘‘(a) AUTHORITY.—Except as provided in subsection
(b), the Secretary of the Air Force may charge a person
a fee for providing the person with information from the
United States Air Force Military History Institute that
is requested by that person.
‘‘(b) EXCEPTIONS.—A fee may not be charged under
this section—
713
‘‘(1) to a person for information that the person
requests to carry out a duty as a member of the
armed forces or an officer or employee of the United
States; or
‘‘(2) for a release of information under section
552 of title 5.
‘‘(c) LIMITATION ON AMOUNT.—A fee charged for
providing information under this section may not exceed
the cost of providing the information.
‘‘(d) RETENTION OF FEES.—Amounts received under
subsection (a) for providing information in any fiscal year
shall be credited to the appropriation or appropriations
charged the costs of providing information to the public
from the United States Air Force Military History Insti-
tute during that fiscal year.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘United States Air Force Mili-
tary History Institute’ means the archive for histor-
ical records and materials of the Air Force that the
Secretary of the Air Force designates as the primary
archive for such records and materials.
‘‘(2) The terms ‘officer of the United States’
and ‘employee of the United States’ have the mean-
ings given the terms ‘officer’ and ‘employee’, respec-
714
tively, in sections 2104 and 2105, respectively, of
title 5.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘9594. Air Force Military History Institute: fee for providing historical informa-
tion to the public.’’.
SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED
FORCES EMERGENCY SERVICES.
(a) GRANTS AUTHORIZED.—Subject to subsection
(b), the Secretary of Defense may make a grant to the
American Red Cross in an amount not to exceed
$9,400,000 in each of fiscal years 2001, 2002, and 2003
for the support of the Armed Forces Emergency Services
program of the American Red Cross.
(b) MATCHING REQUIREMENT.—The grant under
subsection (a) for a fiscal year may not be made until after
the American Red Cross Incorporated, certifies to the Sec-
retary of Defense that the American Red Cross will ex-
pend for the Armed Forces Emergency Services program
for that fiscal year funds, derived from non-Federal
sources, in a total amount that equals or exceeds the
amount of the grant.
SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
715
(1) Section 180(d) is amended by striking ‘‘sec-
tion 5376’’ and inserting ‘‘section 5315’’.
(2) Section 628(c)(2) is amended by striking
‘‘section’’ in the second sentence after ‘‘rather than
the provisions of’’ and inserting ‘‘sections’’.
(3) Section 702(b)(2) is amended by striking
‘‘section 230(c)’’ and inserting ‘‘section 203(c)’’.
(4) Section 706(c) is amended—
(A) by striking ‘‘(1)’’ after ‘‘(c)’’; and
(B) by striking paragraph (2).
(5) Section 1074g is amended—
(A) in subsection (a)(6), by striking ‘‘as
part of the regulations established’’ and insert-
ing ‘‘in the regulations prescribed’’;
(B) in subsection (a)(7), by striking ‘‘not
included on the uniform formulary, but,’’ and
inserting ‘‘that are not included on the uniform
formulary but that are’’;
(C) in subsection (b)(1), by striking ‘‘re-
quired by’’ in the last sentence and inserting
‘‘prescribed under’’;
(D) in subsection (d)(2), by striking ‘‘Not
later than’’ and all that follows through ‘‘uti-
lize’’ and inserting ‘‘Effective not later than
April 5, 2000, the Secretary shall use’’;
716
(E) in subsection (e)—
(i) by striking ‘‘Not later than April
1, 2000, the’’ and inserting ‘‘The’’; and
(ii) by inserting ‘‘in’’ before ‘‘the
TRICARE’’ and before ‘‘the national’’;
(F) in subsection (f)—
(i) by striking ‘‘As used in this sec-
tion—’’ and inserting ‘‘In this section:’’;
(ii) by striking ‘‘the’’ at the beginning
of paragraphs (1) and (2) and inserting
‘‘The’’; and
(iii) by striking ‘‘; and’’ at the end of
paragraph (1) and inserting a period; and
(G) in subsection (g), by striking ‘‘promul-
gate’’ and inserting ‘‘prescribe’’.
(6) Section 1076c(b)(5)(C) is amended by strik-
ing ‘‘pursuant to subsection (i)(2) of such section’’.
(7) Section 1095d(b) is amended by striking
‘‘subparagraphs’’ and inserting ‘‘subparagraph’’.
(8) Section 1109(b) is amended by striking
‘‘(1)’’ before ‘‘The Secretaries’’.
(9) Section 1142(b)(4) is amended by striking
‘‘sections 1151, 1152, and 1153 of this title’’ and
inserting ‘‘sections 1152 and 1153 of this title and
717
the Troops-to-Teachers Program Act of 1999 (20
U.S.C. 9301 et seq.)’’.
(10) Section 1448(b)(3)(E)(ii) is amended by
striking the second comma after ‘‘October 16,
1998’’.
(11) Section 1598 is amended—
(A) in subsection (d)(2), by inserting ‘‘as
in effect on October 4, 1999,’’ after ‘‘of this
title,’’ both places it appears; and
(B) in subsection (f), by inserting ‘‘, as in
effect on October 4, 1999,’’ after ‘‘of this title’’.
(12) Section 2113(f) is amended—
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by designating the penultimate sen-
tence and the last sentence of paragraph (1) as
paragraphs (2) and (3), respectively.
(13) Section 2401(b)(1)(B) is amended by
striking ‘‘Committees on Appropriations’’ and insert-
ing ‘‘Committee on Appropriations’’.
(14) Section 2410j is amended—
(A) in subsection (f)(2), by inserting ‘‘as in
effect on October 4, 1999,’’ after ‘‘of this title,’’
both places it appears; and
718
(B) in subsection (h), by inserting ‘‘, as in
effect on October 4, 1999,’’ after ‘‘of this title’’.
(15) Section 2688 is amended by redesignating
subsections (i) and (j) as subsections (h) and (i), re-
spectively.
(16) Section 2814(k) is amended by inserting
‘‘and’’ after ‘‘Balanced Budget’’.
(17) Sections 4357(e)(5), 6975(e)(5), and
9356(e)(5) are amended by inserting a close paren-
thesis after ‘‘80b–2)’’.
(18) Section 5143(c)(2) is amended by striking
‘‘has a grade’’ and inserting ‘‘has the grade of’’.
(19) Section 5144(c)(2) is amended by striking
‘‘has a grade’’ and inserting ‘‘has the grade of’’.
(20) Section 10218 is amended—
(A) in subsections (a)(1), (b)(1), (b)(2)(A),
and (b)(2)(B)(ii), by striking ‘‘the date of the
enactment of this section’’ each place it appears
and inserting ‘‘October 5, 1999,’’;
(B) 
in 
subsections 
(a)(3)(B)(i) 
and
(b)(2)(B)(i), by striking ‘‘the end of the one-
year period beginning on the date of the enact-
ment of this subsection’’ and inserting ‘‘October
5, 2000’’;
719
(C) in subsection (b)(1), by striking ‘‘six
months after the date of the enactment of this
section’’ and inserting ‘‘April 5, 2000’’; and
(D) in subsection (b)(3), by striking ‘‘with-
in six months of the date of the enactment of
this section’’ and inserting ‘‘during the period
beginning on October 5, 1999, and ending on
April 5, 2000,’’.
(21) Section 12552 is amended by inserting a
period at the end.
(22) Section 18233a(b) is amended—
(A) in paragraph (1), by striking ‘‘section
2805(c)(1)’’ 
and 
inserting 
‘‘section
2805(c)(1)(A)’’; and
(B) in paragraph (2), by striking ‘‘section
2805(c)(2)’’ 
and 
inserting 
‘‘section
2805(c)(1)(B)’’.
(b) TITLE 37, UNITED STATES CODE.—Title 37,
United States Code, is amended as follows:
(1) Section 301b(j)(2) is amended by striking
‘‘section 301a(a)(6)(A)’’ and inserting ‘‘section
301a(a)(6)(B)’’.
(2) Section 403(f)(3) is amended by striking
‘‘regulation’’ and inserting ‘‘regulations’’.
720
(3) Section 404(b)(2) is amended by striking
‘‘section 402(e)’’ and inserting ‘‘section 403(f)(3)’’.
(4) The section 435 added by section 586(b) of
the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106–65; 113 Stat. 638) is
redesignated as section 436, and the item relating to
that section in the table of sections at the beginning
of chapter 7 is revised to conform to such redesigna-
tion.
(5) Section 1012 is amended by striking ‘‘sec-
tion 402(b)(3)’’ and inserting ‘‘section 402(e)’’.
(c) PUBLIC LAW 106–65.—(1) Effective as of Octo-
ber 5, 1999, and as if included therein as enacted, the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 512 et seq) is amended
as follows:
(A) Section 578 is amended—
(i) in subsection (j) (113 Stat. 630), by
striking ‘‘Chapter 4’’ and inserting ‘‘Chapter
7’’; and
(ii) in subsection (k)(4) (113 Stat. 631),
by striking ‘‘chapter 4’’ and inserting ‘‘chapter
7’’.
721
(B) Section 586(c)(2) (113 Stat. 639) is
amended by striking ‘‘relating to section 434’’ and
inserting ‘‘added by section 578(k)(4)’’.
(C) Section 601(c) (113 Stat. 645; 37 U.S.C.
1009 note) is amended—
(i) in the first table, relating to commis-
sioned officers, by striking ‘‘$12,441.00’’ in
footnote 2 and inserting ‘‘$12,488.70’’; and
(ii) in the fourth table, relating to enlisted
members, by striking ‘‘$4,701.00’’ in footnote 2
and inserting ‘‘$4,719.00’’.
(D) Section 657(a)(1)(A) (113 Stat. 668; 10
U.S.C. 1450 note) is amended by striking ‘‘August
21, 1983’’ and inserting ‘‘August 19, 1983’’.
(2) In the case of any former spouse to whom para-
graph (3) of section 1450(f) of title 10, United States
Code, applies by reason of the amendment made by para-
graph (1)(D), the provisions of subsection (b) of section
657 of the National Defense Authorization Act for Fiscal
Year 2000 shall be applied by using the date of the enact-
ment of this Act, rather than the date of the enactment
of that Act.
(d) PUBLIC LAW 105–261.—Effective as of October
17, 1998, and as if included therein as enacted, the Strom
Thurmond National Defense Authorization Act for Fiscal
722
Year 1999 (Public Law 105–261; 112 Stat. 1920 et seq.)
is amended as follows:
(1) Section 142 (112 Stat. 1943; 50 U.S.C.
1521 note) is amended—
(A) 
in 
subsection 
(e), 
by 
striking
‘‘1521(f))’’ and inserting ‘‘1521 note)’’; and
(B) by redesignating the second subsection
(f) as subsection (g).
(2) Section 503(b)(1) (112 Stat. 2003) is
amended by inserting ‘‘its’’ after ‘‘record of’’ in the
first quoted matter therein.
(3) Section 645(b) (112 Stat. 2050) is amended
by striking ‘‘a member’’ and inserting ‘‘member’’ in
the quoted matter therein.
(4) Section 701 (112 Stat. 2056) is amended—
(A) in subsection (a), by inserting ‘‘(1)’’
before ‘‘Section 1076a(b)(2)’’; and
(B) in subsection (b), by inserting ‘‘of such
title’’ after ‘‘1076a’’.
(5) Section 802(b) (112 Stat. 2081) is amended
by striking ‘‘Administrative’’ in the first quoted mat-
ter therein and inserting ‘‘Administration’’.
(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5
U.S.C. 3104 note) is amended by striking ‘‘sub-
section (c)(1)’’ and inserting ‘‘subsection (c)(2)’’.
723
(7) Section 1405(k)(2) (112 Stat. 2170; 50
U.S.C. 2301 note) is amended by striking ‘‘sub-
chapter’’ and inserting ‘‘chapter’’.
(e) PUBLIC LAW 105–85.—The National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–
85) is amended as follows:
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37
U.S.C. 402 note) is amended by striking ‘‘of’’ the
first place it appears in the matter preceding clause
(i).
(2) Section 1221(a)(3) (22 U.S.C. 1928 note),
as amended by section 1233(a)(2)(A) of Public Law
105–261 (112 Stat. 2156), is amended by striking
the second close parenthesis after ‘‘relief efforts’’.
(f) TITLE 5, UNITED STATES CODE.—Title 5, United
States Code, is amended as follows:
(1) Section 3329 is amended—
(A) in subsection (a), by striking ‘‘such
term’’ and inserting ‘‘the term ‘military techni-
cian (dual status)’ ’’; and
(B) in subsection (b), by striking ‘‘section
1332 of title 10’’ and inserting ‘‘section 12732
of title 10’’.
724
(2) Section 5531 is amended by striking ‘‘sec-
tions 5532 and’’ in the matter preceding paragraph
(1) and inserting ‘‘section’’.
(3) Section 8116(a)(4) is amended by striking
‘‘, subject to’’ and all that follows through ‘‘United
States Code’’.
(4) Section 8339(g) is amended by striking
‘‘the application of the limitation in section 5532 of
this title, or’’ in the third sentence.
(5) Section 8344(h)(1) is amended by inserting
‘‘(as in effect before the repeal of that section by
section 651(a) of Public Law 106–65)’’ after ‘‘sec-
tion 5532(f)(2) of this title’’.
(g) OTHER LAWS.—
(1) Section 834(e) of the National Defense Au-
thorization Act for Fiscal Years 1990 and 1991 (15
U.S.C. 637 note) is amended by striking the second
period after ‘‘2005’’.
(2) Section 2905(b)(4) of the Defense Base
Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) is amended by transferring subparagraph (G)
so as to appear immediately before subparagraph
(H), as added by section 2821(a) of the National
725
Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 113 Stat. 853).
(3) Section 686(b) of title 14, United States
Code, is amended—
(A) in paragraph (1), by striking ‘‘section
403(b)’’ and inserting ‘‘section 403(e)’’; and
(B) in paragraph (2), by striking ‘‘a basic
allowance for quarters under section 403 of title
37, and, if in a high housing cost area, a vari-
able housing allowance under section 403a of
that title’’ and inserting ‘‘a basic allowance for
housing under section 403 of title 37’’.
(4) Chapter 701 of title 36, United States
Code, relating to the Federal charter of the Fleet
Reserve 
Association, 
is 
amended 
in 
sections
70102(a) and 70108(a) by striking ‘‘Delaware’’ and
inserting ‘‘Pennsylvania’’.
(5) Section 7426 of title 38, United States
Code, is amended by striking subsection (c).
(6) The item relating to chapter 112 in the
table of chapters at the beginning of subtitle II of
title 46, United States Code, is amended by revising
the second and third words so that the initial letter
of each of those words is lower case.
726
(7) Section 405(f)(6)(B) of the Departments of
Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 1999 (as
contained in section 101(f) of division A of Public
Law 105–277; 112 Stat. 2681–430), is amended by
striking ‘‘Act of title’’ in the first quoted matter
therein and inserting ‘‘Act or title’’.
(8) Section 1403(c)(6) of the Defense Depend-
ents’ Education Act of 1978 (20 U.S.C. 922(c)(6))
is amended by striking ‘‘the’’ before ‘‘Assistant Sec-
retary of Defense’’.
(9) Effective as of October 5, 1999, section 224
b. of the Atomic Energy Act of 1954 (42 U.S.C.
2274(b)) is amended by striking ‘‘$500,000’’ and in-
serting ‘‘$50,000’’.
(h) COORDINATION WITH OTHER AMENDMENTS.—
For purposes of applying amendments made by provisions
of this Act other than provisions of this section, this sec-
tion shall be treated as having been enacted immediately
before the other provisions of this Act.
SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES
TRANSPORTED 
OVERSEAS 
FOR 
ARMED
FORCES POST OFFICES.
Section 3401(b) of title 39, United States Code, is
amended by striking ‘‘100 inches in length and girth com-
727
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. 1089. SENSE OF CONGRESS REGARDING TAX TREAT-
MENT OF MEMBERS RECEIVING SPECIAL PAY
FOR DUTY SUBJECT TO HOSTILE FIRE OR IM-
MINENT DANGER.
It is the sense of Congress that members of the
Armed Forces who receive special pay under section 310
of title 37, United States Code, for duty subject to hostile
fire or imminent danger should receive the same treatment
under Federal income tax laws as members serving in
combat zones.
SEC. 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR
PATROL.
(a) IN GENERAL.—Chapter 909 of title 10, United
States Code, is amended to read as follows:
‘‘CHAPTER 909—CIVIL AIR PATROL
‘‘Sec.
‘‘9441.
Status as federally chartered corporation; purposes.
‘‘9442.
Status as volunteer civilian auxiliary of the Air Force.
‘‘9443.
Activities performed as federally chartered nonprofit corporation.
‘‘9444.
Activities performed as auxiliary of the Air Force.
‘‘9445.
Funds appropriated for the Civil Air Patrol.
‘‘9446.
Miscellaneous personnel authorities.
‘‘9447.
Board of Governors.
‘‘9448.
Regulations.
728
‘‘§ 9441. Status as federally chartered corporation;
purposes
‘‘(a) STATUS.—(1) The Civil Air Patrol is a nonprofit
corporation that is federally chartered under section
40301 of title 36.
‘‘(2) Except as provided in section 9442(b)(2) of this
title, the Civil Air Patrol is not an instrumentality of the
Federal Government for any purpose.
‘‘(b) PURPOSES.—The purposes of the Civil Air Pa-
trol are set forth in section 40302 of title 36.
‘‘§ 9442. Status as volunteer civilian auxiliary of the
Air Force
‘‘(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil
Air Patrol is a volunteer civilian auxiliary of the Air Force
when the services of the Civil Air Patrol are used by any
department or agency in any branch of the Federal Gov-
ernment.
‘‘(b) USE BY AIR FORCE.—(1) The Secretary of the
Air Force may use the services of the Civil Air Patrol to
fulfill the noncombat programs and missions of the De-
partment of the Air Force.
‘‘(2) The Civil Air Patrol shall be deemed to be an
instrumentality of the United States with respect to any
act or omission of the Civil Air Patrol, including any mem-
ber of the Civil Air Patrol, in carrying out a mission as-
signed by the Secretary of the Air Force.
729
‘‘§ 9443. Activities performed as federally chartered
nonprofit corporation
‘‘(a) USE OF FEDERALLY PROVIDED RESOURCES.—
In its status as a federally chartered nonprofit corpora-
tion, the Civil Air Patrol may use equipment, supplies, and
other resources, including aircraft, motor vehicles, com-
puters, and communications equipment, provided to the
Civil Air Patrol by a department or agency of the Federal
Government or acquired by or for the Civil Air Patrol with
appropriated funds (or with funds of the Civil Air Patrol,
but reimbursed from appropriated funds)—
‘‘(1) to provide assistance requested by State or
local governmental authorities to perform disaster
relief missions and activities, other emergency mis-
sions and activities, and nonemergency missions and
activities; and
‘‘(2) to fulfill its other purposes set forth in sec-
tion 40302 of title 36.
‘‘(b) USE SUBJECT TO APPLICABLE LAWS.—The use
of equipment, supplies, or other resources under sub-
section (a) is subject to the laws and regulations that gov-
ern the use by nonprofit corporations of federally provided
assets or of assets purchased with appropriated funds, as
the case may be.
‘‘(c) AUTHORITY NOT CONTINGENT ON REIMBURSE-
MENT.—The authority for the Civil Air Patrol to provide
730
assistance under subsection (a)(1) is not contingent on the
Civil Air Patrol being reimbursed for the cost of providing
the assistance. If the Civil Air Patrol elects to require re-
imbursement for the provision of assistance under such
subsection, the Civil Air Patrol may establish the reim-
bursement rate at a rate less than the rates charged by
private sector sources for equivalent services.
‘‘(d) LIABILITY INSURANCE.—The Secretary of the
Air Force may provide the Civil Air Patrol with funds for
paying the cost of liability insurance to cover missions and
activities carried out under this section.
‘‘§ 9444. Activities performed as auxiliary of the Air
Force
‘‘(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The
Secretary of the Air Force may furnish to the Civil Air
Patrol in accordance with this section any equipment, sup-
plies, and other resources that the Secretary determines
necessary to enable the Civil Air Patrol to fulfill the mis-
sions assigned by the Secretary to the Civil Air Patrol as
an auxiliary of the Air Force.
‘‘(b) FORMS OF AIR FORCE SUPPORT.—The Sec-
retary of the Air Force may, under subsection (a)—
‘‘(1) give, lend, or sell to the Civil Air Patrol
without regard to the Federal Property and Admin-
731
istrative Services Act of 1949 (40 U.S.C. 471 et
seq.)—
‘‘(A) major items of equipment (including
aircraft, motor vehicles, computers, and com-
munications equipment) that are excess to the
military departments; and
‘‘(B) necessary related supplies and train-
ing aids that are excess to the military depart-
ments;
‘‘(2) permit the use, with or without charge, of
services and facilities of the Air Force;
‘‘(3) furnish supplies (including fuel, lubricants,
and other items required for vehicle and aircraft op-
erations) or provide funds for the acquisition of sup-
plies;
‘‘(4) establish, maintain, and supply liaison offi-
cers of the Air Force at the national, regional, State,
and territorial headquarters of the Civil Air Patrol;
‘‘(5) detail or assign any member of the Air
Force or any officer, employee, or contractor of the
Department of the Air Force to any liaison office at
the national, regional, State, or territorial head-
quarters of the Civil Air Patrol;
‘‘(6) detail any member of the Air Force or any
officer, employee, or contractor of the Department of
732
the Air Force to any unit or installation of the Civil
Air Patrol to assist in the training programs of the
Civil Air Patrol;
‘‘(7) authorize the payment of travel expenses
and allowances, at rates not to exceed those paid to
employees of the United States under subchapter I
of chapter 57 of title 5, to members of the Civil Air
Patrol while the members are carrying out programs
or missions specifically assigned by the Air Force;
‘‘(8) provide funds for the national head-
quarters of the Civil Air Patrol, including—
‘‘(A) funds for the payment of staff com-
pensation and benefits, administrative expenses,
travel, per diem and allowances, rent, utilities,
other operational expenses of the national head-
quarters; and
‘‘(B) to the extent considered necessary by
the Secretary of the Air Force to fulfill Air
Force requirements, funds for the payment of
compensation and benefits for key staff at re-
gional, State, or territorial headquarters;
‘‘(9) authorize the payment of expenses of plac-
ing into serviceable condition, improving, and main-
taining equipment (including aircraft, motor vehi-
733
cles, computers, and communications equipment)
owned or leased by the Civil Air Patrol;
‘‘(10) provide funds for the lease or purchase of
items of equipment that the Secretary determines
necessary for the Civil Air Patrol;
‘‘(11) support the Civil Air Patrol cadet pro-
gram by furnishing—
‘‘(A) articles of the Air Force uniform to
cadets without cost; and
‘‘(B) any other support that the Secretary
of the Air Force determines is consistent with
Air Force missions and objectives; and
‘‘(12) provide support, including appropriated
funds, for the Civil Air Patrol aerospace education
program to the extent that the Secretary of the Air
Force determines appropriate for furthering the ful-
fillment of Air Force missions and objectives.
‘‘(c) ASSISTANCE BY OTHER AGENCIES.—(1) The
Secretary of the Air Force may arrange for the use by
the Civil Air Patrol of such facilities and services under
the jurisdiction of the Secretary of the Army, the Sec-
retary of the Navy, or the head of any other department
or agency of the United States as the Secretary of the
Air Force considers to be needed by the Civil Air Patrol
to carry out its mission.
734
‘‘(2) An arrangement for use of facilities or services
of a military department or other department or agency
under this subsection shall be subject to the agreement
of the Secretary of the military department or head of the
other department or agency, as the case may be.
‘‘(3) Each arrangement under this subsection shall
be made in accordance with regulations prescribed under
section 9448 of this title.
‘‘§ 9445. Funds appropriated for the Civil Air Patrol
‘‘Funds appropriated for the Civil Air Patrol shall be
available only for the exclusive use of the Civil Air Patrol.
‘‘§ 9446. Miscellaneous personnel authorities
‘‘(a) USE OF RETIRED AIR FORCE PERSONNEL.—
(1) Upon the request of a person retired from service in
the Air Force, the Secretary of the Air Force may enter
into a personal services contract with that person pro-
viding for the person to serve as an administrator or liai-
son officer for the Civil Air Patrol. The qualifications of
a person to provide the services shall be determined and
approved in accordance with regulations prescribed under
section 9448 of this title.
‘‘(2) To the extent provided in a contract under para-
graph (1), a person providing services under the contract
may accept services on behalf of the Air Force.
735
‘‘(3) A person, while providing services under a con-
tract authorized under paragraph (1), may not be consid-
ered to be on active duty or inactive-duty training for any
purpose.
‘‘(b) USE OF CIVIL AIR PATROL CHAPLAINS.—The
Secretary of the Air Force may use the services of Civil
Air Patrol chaplains in support of the Air Force active
duty and reserve component forces to the extent and under
conditions that the Secretary determines appropriate.
‘‘§ 9447. Board of Governors
‘‘(a) GOVERNING BODY.—The Board of Governors of
the Civil Air Patrol is the governing body of the Civil Air
Patrol.
‘‘(b) COMPOSITION.—The Board of Governors is
composed of 11 members as follows:
‘‘(1) Four members appointed by the Secretary
of the Air Force, who may be active or retired offi-
cers of the Air Force (including reserve components
of the Air Force), employees of the United States,
or private citizens.
‘‘(2) Four members of the Civil Air Patrol, se-
lected in accordance with the constitution and by-
laws of the Civil Air Patrol.
‘‘(3) Three members appointed or selected as
provided in subsection (c) from among personnel of
736
any Federal Government agencies, public corpora-
tions, nonprofit associations, and other organizations
that have an interest and expertise in civil aviation
and the Civil Air Patrol mission.
‘‘(c) APPOINTMENTS FROM INTERESTED ORGANIZA-
TIONS.—(1) Subject to paragraph (2), the members of the
Board of Governors referred to in subsection (b)(3) shall
be appointed jointly by the Secretary of the Air Force and
the National Commander of the Civil Air Patrol.
‘‘(2) Any vacancy in the position of a member re-
ferred to in paragraph (1) that is not filled under that
paragraph within 90 days shall be filled by majority vote
of the other members of the Board.
‘‘(d) CHAIRMAN.—The Chairman of the Board of
Governors shall be chosen by the members of the Board
of Governors from among the members of the Board re-
ferred to in paragraphs (1) and (2) of subsection (b) and
shall serve for a term of two years. The position of Chair-
man shall be held on a rotating basis between members
of the Board appointed by the Secretary of the Air Force
under paragraph (1) of subsection (b) and members of the
Board selected under paragraph (2) of that subsection.
‘‘(e) POWERS.—(1) The Board of Governors shall,
subject to paragraphs (2) and (3), exercise the powers
737
granted to the Civil Air Patrol under section 40304 of title
36.
‘‘(2) Any exercise by the Board of the power to
amend the constitution or bylaws of the Civil Air Patrol
or to adopt a new constitution or bylaws shall be subject
to approval by a majority of the members of the Board.
‘‘(3) Neither the Board of Governors nor any other
component of the Civil Air Patrol may modify or terminate
any requirement or authority set forth in this section.
‘‘(f) PERSONAL LIABILITY FOR BREACH OF A FIDU-
CIARY DUTY.—(1) Subject to paragraph (2), the Board
of Governors may take such action as is necessary to limit
the personal liability of a member of the Board of Gov-
ernors to the Civil Air Patrol, or to any of its members,
for monetary damages for a breach of fiduciary duty while
serving as a member of the Board.
‘‘(2) The Board may not limit the liability of a mem-
ber of the Board of Governors to the Civil Air Patrol, or
to any of its members, for monetary damages for any of
the following:
‘‘(A) A breach of the member’s duty of loyalty
to the Civil Air Patrol or its members.
‘‘(B) Any act or omission that is not in good
faith or that involves intentional misconduct or a
knowing violation of law.
738
‘‘(C) Participation in any transaction from
which the member directly or indirectly derives an
improper personal benefit.
‘‘(3) Nothing in this subsection shall be construed as
rendering section 207 or 208 of title 18 inapplicable in
any respect to a member of the Board of Governors who
is a member of the Air Force on active duty, an officer
on a retired list of the Air Force, or an employee of the
United States.
‘‘(g) PERSONAL LIABILITY FOR BREACH OF A FIDU-
CIARY DUTY.—(1) Except as provided in paragraph (2),
no member of the Board of Governors or officer of the
Civil Air Patrol shall be personally liable for damages for
any injury or death or loss or damage of property resulting
from a tortious act or omission of an employee or member
of the Civil Air Patrol.
‘‘(2) Paragraph (1) does not apply to a member of
the Board of Governors or officer of the Civil Air Patrol
for a tortious act or omission in which the member or offi-
cer, as the case may be, was personally involved, whether
in breach of a civil duty or in commission of a criminal
offense.
‘‘(3) Nothing in this subsection shall be construed to
restrict the applicability of common law protections and
739
rights that a member of the Board of Governors or officer
of the Civil Air Patrol may have.
‘‘(4) The protections provided under this subsection
are in addition to the protections provided under sub-
section (f).
‘‘§ 9448. Regulations
‘‘(a) AUTHORITY.—The Secretary of the Air Force
shall prescribe regulations for the administration of this
chapter.
‘‘(b) REQUIRED
REGULATIONS.—The regulations
shall include the following:
‘‘(1) Regulations governing the conduct of the
activities of the Civil Air Patrol when it is per-
forming its duties as a volunteer civilian auxiliary of
the Air Force under section 9442 of this title.
‘‘(2) Regulations for providing support by the
Air Force and for arranging assistance by other
agencies under section 9444 of this title.
‘‘(3) Regulations governing the qualifications of
retired Air Force personnel to serve as an adminis-
trator or liaison officer for the Civil Air Patrol under
a personal services contract entered into under sec-
tion 9446(a) of this title.
740
‘‘(c) APPROVAL BY SECRETARY OF DEFENSE.—The
regulations required by subsection (b)(2) shall be subject
to the approval of the Secretary of Defense.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 40302
of title 36, United States Code, is amended—
(A) by striking ‘‘to—’’ in the matter preceding
paragraph (1) and inserting ‘‘as follows:’’;
(B) by inserting ‘‘To’’ after the paragraph des-
ignation in each of paragraphs (1), (2), (3), and (4);
(C) by striking the semicolon at the end of
paragraphs (1)(B) and (2) and inserting a period;
(D) by striking ‘‘; and’’ at the end of paragraph
(3) and inserting a period; and
(E) by adding at the end the following:
‘‘(5) To assist the Department of the Air Force
in fulfilling its noncombat programs and missions.’’.
(2)(A) Section 40303 of such title is amended—
(i) by inserting ‘‘(a) MEMBERSHIP.—’’ before
‘‘Eligibility’’; and
(ii) by adding at the end the following:
‘‘(b) GOVERNING BODY.—The Civil Air Patrol has a
Board of Governors. The composition and responsibilities
of the Board of Governors are set forth in section 9447
of title 10.’’.
741
(B) The heading for such section is amended to read
as follows:
‘‘§ 40303. Membership and governing body’’.
(C) The item relating to such section in the table of
sections at the beginning of chapter 403 of title 36, United
States Code, is amended to read as follows:
‘‘40303. Membership and governing body.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this Act.
SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO AS-
SESS UNITED STATES NATIONAL SECURITY
SPACE MANAGEMENT AND ORGANIZATION.
Section 1622(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 113
Stat. 814; 10 U.S.C. 111 note) is amended by adding at
the end the following new paragraph:
‘‘(6) The advisability of—
‘‘(A) various actions to eliminate the de
facto requirement that specified officers in the
United States Space Command be flight rated
that results from the dual assignment of offi-
cers to that command and to one or more other
commands in positions in which such officers
are expressly required to be flight rated;
742
‘‘(B) the establishment of a requirement
that, as a condition of the assignment of a gen-
eral or flag officer to the United States Space
Command, the officer have experience in space,
missile, or information operations that was
gained through either acquisition or operational
experience; and
‘‘(C) rotating the command of the United
States Space Command among the Armed
Forces.’’.
SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED
STATES AEROSPACE INDUSTRY.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on the Future
of the United States Aerospace Industry’’ (in this section
referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—(1) The Commission shall be
composed of 12 members appointed, not later than March
1, 2001, as follows:
(A) Up to six members shall be appointed by
the President.
(B) Two members shall be appointed by the
Speaker of the House of Representatives.
(C) Two members shall be appointed by the
majority leader of the Senate.
743
(D) One member shall be appointed by the mi-
nority leader of the Senate.
(E) One member shall be appointed by the mi-
nority leader of the House of Representatives.
(2) The members of the Commission shall be ap-
pointed from among persons with extensive experience and
national reputations in aerospace manufacturing, econom-
ics, finance, national security, international trade, or for-
eign policy and persons who are representative of labor
organizations associated with the aerospace industry.
(3) Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(4) The President shall designate one member of the
Commission to serve as the chairman of the Commission.
(5) The Commission shall meet at the call of the
chairman. A majority of the members shall constitute a
quorum, but a lesser number may hold hearings.
(c) DUTIES.—(1) The Commission shall—
(A) study the issues associated with the future
of the United States aerospace industry in the global
economy, particularly in relationship to United
States national security; and
744
(B) assess the future importance of the domes-
tic aerospace industry for the economic and national
security of the United States.
(2) In order to fulfill its responsibilities, the Commis-
sion shall study the following:
(A) The budget process of the United States
Government, particularly with a view to assessing
the adequacy of projected budgets of the federal de-
partments and agencies for aerospace research and
development and procurement.
(B) The acquisition process of the Government,
particularly with a view to assessing—
(i) the adequacy of the current acquisition
process of federal departments and agencies;
and
(ii) the procedures for developing and 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—
(i) the extent to which the current system
for controlling the export of aerospace goods,
745
services, and technologies reflects an adequate
balance between the need to protect national se-
curity and the need to ensure unhindered access
to the global marketplace; and
(ii) the adequacy of United States and
multilateral trade laws and policies for main-
taining the international competitiveness of the
United States aerospace industry.
(E) Policies governing taxation, particularly
with a view to assessing the impact of current tax
laws and practices on the international competitive-
ness of the aerospace industry.
(F) Programs for the maintenance of the na-
tional space launch infrastructure, particularly with
a view to assessing the adequacy of current and pro-
jected programs for maintaining the national space
launch infrastructure.
(G) Programs for the support of science and
engineering education, including current programs
for supporting aerospace science and engineering ef-
forts at institutions of higher learning, with a view
to determining the adequacy of those programs.
(d) REPORT.—(1) Not later than March 1, 2002, the
Commission shall submit a report on its activities to the
President and Congress.
746
(2) The report shall include the following:
(A) The Commission’s findings and conclusions.
(B) The Commission’s recommendations for ac-
tions by federal departments and agencies to support
the maintenance of a robust aerospace industry in
the United States in the 21st century and any rec-
ommendations for statutory and regulatory changes
to support the implementation of the Commission’s
findings.
(C) A discussion of the appropriate means for
implementing the Commission’s recommendations.
(e) ADMINISTRATIVE REQUIREMENTS AND 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 Com-
mission shall be paid from funds available to the Director.
(2) The Commission may hold hearings, sit and act
at times and places, take testimony, and receive evidence
that the Commission considers advisable to carry out the
purposes of this section.
(3) The Commission may request directly from any
department or agency of the United States any informa-
tion that the Commission considers necessary to carry out
the provisions of this section. To the extent consistent with
747
applicable requirements of law and regulations, the head
of such department or agency shall furnish such informa-
tion to the Commission.
(4) The Commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the United States.
(f) COMMISSION PERSONNEL MATTERS.—(1) Mem-
bers of the Commission shall serve without additional com-
pensation for their service on the Commission, except that
members appointed from among private citizens may be
allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by law for persons serving intermit-
tently in government service under subchapter I of chapter
57 of title 5, United States Code, while away from their
homes and places of business in the performance of serv-
ices for the Commission.
(2) The chairman of the Commission may appoint
staff of the Commission, request the detail of Federal em-
ployees, and accept temporary and intermittent services
in accordance with section 3161 of title 5, United States
Code (as added by section 1101 of this Act).
(g) TERMINATION.—The Commission shall terminate
30 days after the date of the submission of its report
under subsection (d).
748
SEC. 1093. DRUG ADDICTION TREATMENT.
(a) IN GENERAL.—Section 303(g) of the Controlled
Substances Act (21 U.S.C. 823(g)) is amended—
(1) in paragraph (2), by striking ‘‘(A) security’’
and inserting ‘‘(i) security’’, and by striking ‘‘(B)
the maintenance’’ and inserting ‘‘(ii) the mainte-
nance’’;
(2) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(4) by striking ‘‘Practitioners who dispense’’
and inserting ‘‘Except as provided in paragraph (2),
practitioners who dispense’’; and
(5) by adding at the end the following para-
graph:
‘‘(2)(A) Subject to subparagraphs (D) and (J), the
requirements of paragraph (1) are waived in the case of
the dispensing (including the prescribing), by a practi-
tioner, of narcotic drugs in schedule III, IV, or V or com-
binations of such drugs if the practitioner meets the condi-
tions specified in subparagraph (B) and the narcotic drugs
or combinations of such drugs meet the conditions speci-
fied in subparagraph (C).
‘‘(B) For purposes of subparagraph (A), the condi-
tions specified in this subparagraph with respect to a prac-
titioner are that, before the initial dispensing of narcotic
750
the applicable number is 30, except that the Sec-
retary may by regulation change such total number,
and the Secretary for such purposes may by regula-
tion establish different categories on the basis of the
number of practitioners in a group practice and es-
tablish for the various categories different numerical
limitations on the number of such patients that the
group practice may have.
‘‘(C) For purposes of subparagraph (A), the condi-
tions specified in this subparagraph with respect to nar-
cotic drugs in schedule III, IV, or V or combinations of
such drugs are as follows:
‘‘(i) The drugs or combinations of drugs have,
under the Federal Food, Drug, and Cosmetic Act or
section 351 of the Public Health Service Act, been
approved for use in maintenance or detoxification
treatment.
‘‘(ii) The drugs or combinations of drugs have
not been the subject of an adverse determination.
For purposes of this clause, an adverse determina-
tion is a determination published in the Federal
Register and made by the Secretary, after consulta-
tion with the Attorney General, that the use of the
drugs or combinations of drugs for maintenance or
detoxification treatment requires additional stand-
751
ards respecting the qualifications of practitioners to
provide such treatment, or requires standards re-
specting the quantities of the drugs that may be pro-
vided for unsupervised use.
‘‘(D)(i) A waiver under subparagraph (A) with re-
spect to a practitioner is not in effect unless (in addition
to conditions under subparagraphs (B) and (C)) the fol-
lowing conditions are met:
‘‘(I) The notification under subparagraph (B) is
in writing and states the name of the practitioner.
‘‘(II) The notification identifies the registration
issued for the practitioner pursuant to subsection
(f).
‘‘(III) If the practitioner is a member of a
group practice, the notification states the names of
the other practitioners in the practice and identifies
the registrations issued for the other practitioners
pursuant to subsection (f).
‘‘(ii) Upon receiving a notification under subpara-
graph (B), the Attorney General shall assign the practi-
tioner involved an identification number under this para-
graph for inclusion with the registration issued for the
practitioner pursuant to subsection (f). The identification
number so assigned shall be appropriate to preserve the
confidentiality of patients for whom the practitioner has
752
dispensed narcotic drugs under a waiver under subpara-
graph (A).
‘‘(iii) Not later than 45 days after the date on which
the Secretary receives a notification under subparagraph
(B), the Secretary shall make a determination of whether
the practitioner involved meets all requirements for a
waiver under subparagraph (B). If the Secretary fails to
make such determination by the end of the such 45-day
period, the Attorney General shall assign the physician an
identification number described in clause (ii) at the end
of such period.
‘‘(E)(i) If a practitioner is not registered under para-
graph (1) and, in violation of the conditions specified in
subparagraphs (B) through (D), dispenses narcotic drugs
in schedule III, IV, or V or combinations of such drugs
for maintenance treatment or detoxification treatment, the
Attorney General may, for purposes of section 304(a)(4),
consider the practitioner to have committed an act that
renders the registration of the practitioner pursuant to
subsection (f) to be inconsistent with the public interest.
‘‘(ii)(I) Upon the expiration of 45 days from the date
on which the Secretary receives a notification under sub-
paragraph (B), a practitioner who in good faith submits
a notification under subparagraph (B) and reasonably be-
lieves that the conditions specified in subparagraphs (B)
753
through (D) have been met shall, in dispensing narcotic
drugs in schedule III, IV, or V or combinations of such
drugs for maintenance treatment or detoxification treat-
ment, be considered to have a waiver under subparagraph
(A) until notified otherwise by the Secretary, except that
such a practitioner may commence to prescribe or dispense
such narcotic drugs for such purposes prior to the expira-
tion of such 45-day period if it facilitates the treatment
of an individual patient and both the Secretary and the
Attorney General are notified by the practitioner of the
intent to commence prescribing or dispensing such nar-
cotic drugs.
‘‘(II) For purposes of subclause (I), the publication
in the Federal Register of an adverse determination by
the Secretary pursuant to subparagraph (C)(ii) shall (with
respect to the narcotic drug or combination involved) be
considered to be a notification provided by the Secretary
to practitioners, effective upon the expiration of the 30-
day period beginning on the date on which the adverse
determination is so published.
‘‘(F)(i) With respect to the dispensing of narcotic
drugs in schedule III, IV, or V or combinations of such
drugs to patients for maintenance or detoxification treat-
ment, a practitioner may, in his or her discretion, dispense
such drugs or combinations for such treatment under a
754
registration under paragraph (1) or a waiver under sub-
paragraph (A) (subject to meeting the applicable condi-
tions).
‘‘(ii) This paragraph may not be construed as having
any legal effect on the conditions for obtaining a registra-
tion under paragraph (1), including with respect to the
number of patients who may be served under such a reg-
istration.
‘‘(G) For purposes of this paragraph:
‘‘(i) The term ‘group practice’ has the meaning
given such term in section 1877(h)(4) of the Social
Security Act.
‘‘(ii) The term ‘qualifying physician’ means a
physician who is licensed under State law and who
meets one or more of the following conditions:
‘‘(I) The physician holds a subspecialty
board certification in addiction psychiatry from
the American Board of Medical Specialties.
‘‘(II) The physician holds an addiction cer-
tification from the American Society of Addic-
tion Medicine.
‘‘(III) The physician holds a subspecialty
board certification in addiction medicine from
the American Osteopathic Association.
755
‘‘(IV) The physician has, with respect to
the treatment and management of opiate-de-
pendent patients, completed not less than eight
hours of training (through classroom situations,
seminars at professional society meetings, elec-
tronic communications, or otherwise) that is
provided by the American Society of Addiction
Medicine, the American Academy of Addiction
Psychiatry, the American Medical Association,
the American Osteopathic Association, the
American Psychiatric Association, or any other
organization that the Secretary determines is
appropriate for purposes of this subclause.
‘‘(V) The physician has participated as an
investigator in one or more clinical trials lead-
ing to the approval of a narcotic drug in sched-
ule III, IV, or V for maintenance or detoxifica-
tion treatment, as demonstrated by a statement
submitted to the Secretary by the sponsor of
such approved drug.
‘‘(VI) The physician has such other train-
ing or experience as the State medical licensing
board (of the State in which the physician will
provide maintenance or detoxification treat-
ment) considers to demonstrate the ability of
756
the physician to treat and manage opiate-de-
pendent patients.
‘‘(VII) The physician has such other train-
ing or experience as the Secretary considers to
demonstrate the ability of the physician to treat
and manage opiate-dependent patients. Any cri-
teria of the Secretary under this subclause shall
be established by regulation. Any such criteria
are effective only for 3 years after the date on
which the criteria are promulgated, but may be
extended for such additional discrete 3-year pe-
riods as the Secretary considers appropriate for
purposes of this subclause. Such an extension of
criteria may only be effectuated through a
statement published in the Federal Register by
the Secretary during the 30-day period pre-
ceding the end of the 3-year period involved.
‘‘(H)(i) In consultation with the Administrator of the
Drug Enforcement Administration, the Administrator of
the Substance Abuse and Mental Health Services Admin-
istration, the Director of the National Institute on Drug
Abuse, and the Commissioner of Food and Drugs, the Sec-
retary shall issue regulations (through notice and com-
ment rulemaking) or issue practice guidelines to address
the following:
757
‘‘(I) Approval of additional credentialing bodies
and the responsibilities of additional credentialing
bodies.
‘‘(II) Additional exemptions from the require-
ments of this paragraph and any regulations under
this paragraph.
Nothing in such regulations or practice guidelines may au-
thorize any Federal official or employee to exercise super-
vision or control over the practice of medicine or the man-
ner in which medical services are provided.
‘‘(ii) Not later than 120 days after the date of the
enactment of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, the Secretary shall
issue a treatment improvement protocol containing best
practice guidelines for the treatment and maintenance of
opiate-dependent patients. The Secretary shall develop the
protocol in consultation with the Director of the National
Institute on Drug Abuse, the Administrator of the Drug
Enforcement Administration, the Commissioner of Food
and Drugs, the Administrator of the Substance Abuse and
Mental Health Services Administration, and other sub-
stance abuse disorder professionals. The protocol shall be
guided by science.
‘‘(I) During the 3-year period beginning on the date
of the enactment of the Floyd D. Spence National Defense
758
Authorization Act for Fiscal Year 2001, a State may not
preclude a practitioner from dispensing or prescribing
drugs in schedule III, IV, or V, or combinations of such
drugs, to patients for maintenance or detoxification treat-
ment in accordance with this paragraph unless, before the
expiration of that 3-year period, the State enacts a law
prohibiting a practitioner from dispensing such drugs or
combinations of drug.
‘‘(J)(i) This paragraph takes effect on the date of the
enactment of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001, and remains in ef-
fect thereafter except as provided in clause (iii) (relating
to a decision by the Secretary or the Attorney General that
this paragraph should not remain in effect).
‘‘(ii) For purposes relating to clause (iii), the Sec-
retary and the Attorney General may, during the 3-year
period beginning on the date of the enactment of the Floyd
D. Spence National Defense Authorization Act for Fiscal
Year 2001, make determinations in accordance with the
following:
‘‘(I) The Secretary may make a determination
of whether treatments provided under waivers under
subparagraph (A) have been effective forms of main-
tenance treatment and detoxification treatment in
clinical settings; may make a determination of
759
whether such waivers have significantly increased
(relative to the beginning of such period) the avail-
ability of maintenance treatment and detoxification
treatment; and may make a determination of wheth-
er such waivers have adverse consequences for the
public health.
‘‘(II) The Attorney General may make a deter-
mination of the extent to which there have been vio-
lations of the numerical limitations established
under subparagraph (B) for the number of individ-
uals to whom a practitioner may provide treatment;
may make a determination of whether waivers under
subparagraph (A) have increased (relative to the be-
ginning of such period) the extent to which narcotic
drugs in schedule III, IV, or V or combinations of
such drugs are being dispensed or possessed in viola-
tion of this Act; and may make a determination of
whether such waivers have adverse consequences for
the public health.
‘‘(iii) If, before the expiration of the period specified
in clause (ii), the Secretary or the Attorney General pub-
lishes in the Federal Register a decision, made on the
basis of determinations under such clause, that this para-
graph should not remain in effect, this paragraph ceases
to be in effect 60 days after the date on which the decision
760
is so published. The Secretary shall in making any such
decision consult with the Attorney General, and shall in
publishing the decision in the Federal Register include any
comments received from the Attorney General for inclu-
sion in the publication. The Attorney General shall in
making any such decision consult with the Secretary, and
shall in publishing the decision in the Federal Register
include any comments received from the Secretary for in-
clusion in the publication.’’.
(b) CONFORMING AMENDMENTS.—Section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended—
(1) in subsection (a), in the matter after and
below paragraph (5), by striking ‘‘section 303(g)’’
each place such term appears and inserting ‘‘section
303(g)(1)’’; and
(2) in subsection (d), by striking ‘‘section
303(g)’’ and inserting ‘‘section 303(g)(1)’’.
(c) ADDITIONAL AUTHORIZATION
OF APPROPRIA-
TIONS.—For the purpose of assisting the Secretary of
Health and Human Services with the additional duties es-
tablished for the Secretary pursuant to the amendments
made by this section, there are authorized to be appro-
priated, in addition to other authorizations of appropria-
tions that are available for such purpose, such sums as
761
may be necessary for each of fiscal years 2001 through
2003.
(d) COORDINATION OF PROVISIONS.—(1) If the Drug
Addiction Treatment Act of 2000 is enacted before this
Act, the provisions of this section shall not take effect.
(2) If the Drug Addiction Treatment Act of 2000 is
enacted after this Act, the amendments made by this sec-
tion shall be deemed for all purposes to have been made
by section 3502 of that Act and this section shall cease
to be in effect as of that enactment.
TITLE XI—DEPARTMENT OF
DEFENSE CIVILIAN PERSONNEL
Subtitle A—Civilian Personnel Management Generally
Sec. 1101. Employment and compensation of employees for temporary organi-
zations established by law or Executive order.
Sec. 1102. Assistive technology accommodations program.
Sec. 1103. Extension of authority for voluntary separations in reductions in
force.
Sec. 1104. Electronic maintenance of performance appraisal systems.
Sec. 1105. Study on civilian personnel services.
Subtitle B—Demonstration and Pilot Programs
Sec. 1111. Pilot program for reengineering the equal employment opportunity
complaint process.
Sec. 1112. Work safety demonstration program.
Sec. 1113. Extension, expansion, and revision of authority for experimental per-
sonnel program for scientific and technical personnel.
Sec. 1114. Clarification of personnel management authority under personnel
demonstration project.
Subtitle C—Educational Assistance
Sec. 1121. Restructuring the restriction on degree training.
Sec. 1122. Student loan repayment programs.
Sec. 1123. Extension of authority for tuition reimbursement and training for
civilian employees in the defense acquisition workforce.
Subtitle D—Other Benefits
762
Sec. 1131. Additional special pay for foreign language proficiency beneficial for
United States national security interests.
Sec. 1132. Approval authority for cash awards in excess of $10,000.
Sec. 1133. Leave for crews of certain vessels.
Sec. 1134. Life insurance for emergency essential Department of Defense em-
ployees.
Subtitle E—Intelligence Civilian Personnel
Sec. 1141. Expansion of defense civilian intelligence personnel system positions.
Sec. 1142. Increase in number of positions authorized for the Defense Intel-
ligence Senior Executive Service.
Subtitle F—Voluntary Separation Incentive Pay and Early
Retirement Authority
Sec. 1151. Extension, revision, and expansion of authorities for use of vol-
untary separation incentive pay and voluntary early retirement.
Sec. 1152. Department of Defense employee voluntary early retirement author-
ity.
Sec. 1153. Limitations.
Subtitle A—Civilian Personnel
Management Generally
SEC. 1101. 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 fol-
lowing new subchapter:
‘‘SUBCHAPTER 
IV—TEMPORARY 
ORGANIZA-
TIONS ESTABLISHED BY LAW OR EXECU-
TIVE 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—
763
‘‘(1) is established by law or Executive order
for a specific period not in excess of three years for
the purpose of performing a specific study or other
project; and
‘‘(2) is terminated upon the completion of the
study or project or upon the occurrence of a condi-
tion related to the completion of the study or
project.
‘‘(b) 
EMPLOYMENT
AUTHORITY.—(1) 
Notwith-
standing the provisions of chapter 51 of this title, the head
of a temporary organization may appoint persons to posi-
tions of employment in a temporary organization in such
numbers and with such skills as are necessary for the per-
formance of the functions required of a temporary organi-
zation.
‘‘(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
additional 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-
764
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 mem-
ber, an executive director, a staff director, or another exec-
utive level position of a temporary organization may not
exceed the maximum rate of basic pay established for the
Senior Executive Service under section 5382 of this title.
‘‘(3) Except as provided in paragraph (4), the rate
of basic pay for other positions in a temporary organiza-
tion 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,
exceed the maximum rate of basic pay authorized under
paragraph (3), but may not exceed the maximum rate of
basic pay authorized for an executive level position under
paragraph (2).
765
‘‘(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 sub-
chapter I of chapter 57 of this title, while traveling away
from the employee’s regular place of business in the per-
formance of services for the temporary organization.
‘‘(f) BENEFITS.—An employee appointed under sub-
section (b) shall be afforded the same benefits and entitle-
ments as are provided temporary employees under this
title.
‘‘(g) RETURN RIGHTS.—An employee serving under
a career or career conditional appointment or the equiva-
lent in an agency who transfers to or converts to an ap-
pointment in a temporary organization with the consent
of the head of the agency is entitled to be returned to
the employee’s former position or a position of like senior-
ity, status, and pay without grade or pay retention in the
agency if the employee—
‘‘(1) is being separated from the temporary or-
ganization for reasons other than misconduct, ne-
glect of duty, or malfeasance; and
766
‘‘(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
temporary organization.
‘‘(h) TEMPORARY AND INTERMITTENT SERVICES.—
The head of a temporary organization may procure for
the organization temporary and intermittent services
under section 3109(b) of this title.
‘‘(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1)
The head of a temporary organization may accept volun-
teer services appropriate to the duties of the organization
without 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.
767
‘‘(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 accept-
ed;
‘‘(B) shall supervise the volunteer to the same
extent as employees receiving compensation for simi-
lar services; and
‘‘(C) shall ensure that the volunteer has appro-
priate credentials or is otherwise qualified to per-
form in each capacity for which the volunteer’s serv-
ices 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 serv-
ices 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:
768
‘‘SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED
BY LAW OR EXECUTIVE ORDER
‘‘Sec.
‘‘3161. Employment and compensation of employees.’’.
SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS
PROGRAM.
(a) AUTHORITY TO PROVIDE TECHNOLOGY, DE-
VICES, AND SERVICES.—Chapter 81 of title 10, United
States Code, is amended by inserting after section 1581
the following new section:
‘‘§ 1582. Assistive technology, assistive technology de-
vices, and assistive technology services
‘‘(a) AUTHORITY.—The Secretary of Defense may
provide assistive technology, assistive technology devices,
and assistive technology services to the following:
‘‘(1) Department of Defense employees with
disabilities.
‘‘(2) Organizations within the Department that
have requirements to make programs or facilities ac-
cessible to, and usable by, persons with disabilities.
‘‘(3) Any other department or agency of the
Federal Government, upon the request of the head
of that department or agency, for its employees with
disabilities or for satisfying a requirement to make
its programs or facilities accessible to, and usable
by, persons with disabilities.
769
‘‘(b) DEFINITIONS.—In this section, the terms ‘as-
sistive technology’, ‘assistive technology device’, ‘assistive
technology service’, and ‘disability’ have the meanings
given those terms in section 3 of the Assistive Technology
Act of 1998 (29 U.S.C. 3002).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1581 the following new
item:
‘‘1582. Assistive technology, assistive technology devices, and assistive tech-
nology services.’’.
SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY
SEPARATIONS IN REDUCTIONS IN FORCE.
Section 3502(f)(5) of title 5, United States Code, is
amended by striking ‘‘September 30, 2001’’ and inserting
‘‘September 30, 2005’’.
SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE
APPRAISAL SYSTEMS.
Section 4302 of title 5, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(c) In accordance with regulations which the Office
shall prescribe, the head of an agency may administer and
maintain a performance appraisal system electronically.’’.
770
SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES.
(a) STUDY REQUIRED.—The Secretary of Defense
shall assess the manner in which personnel services are
provided for civilian personnel in the Department of De-
fense and determine whether—
(1) administration of such services should con-
tinue to be centralized in individual military services
and Defense Agencies or whether such services
should be centralized within designated geographical
areas to provide services to all Department of De-
fense elements;
(2) offices that perform such services should be
established to perform specific functions rather than
cover an established geographical area;
(3) processes and functions of civilian personnel
offices should be reengineered to provide greater ef-
ficiency and better service to management and em-
ployees of the Department of Defense; and
(4) efficiencies could be gained by public-private
competition of the delivery of any of the personnel
services for civilian personnel of the Department of
Defense.
(b) REPORT.—Not later than January 1, 2002, the
Secretary of Defense shall submit a report on the study,
including recommendations, to the Committees on Armed
Services of the Senate and the House of Representatives.
771
The report shall include the Secretary’s assessment of the
items described in subsection (a), and, if appropriate, a
proposal for a demonstration program to test the concepts
developed under the study. The Secretary may also include
any recommendations for legislation or other actions that
the Secretary considers appropriate to increase the effec-
tiveness and efficiency of the delivery of personnel services
with respect to civilian personnel of the Department of De-
fense.
Subtitle B—Demonstration and
Pilot Programs
SEC. 1111. PILOT PROGRAM FOR REENGINEERING THE
EQUAL EMPLOYMENT OPPORTUNITY COM-
PLAINT PROCESS.
(a) PILOT PROGRAM.—(1) The Secretary of Defense
shall carry out a pilot program to improve processes for
the resolution of equal employment opportunity com-
plaints by civilian employees of the Department of De-
fense. Complaints processed under the pilot program shall
be subject to the procedural requirements established for
the pilot program and shall not be subject to the proce-
dural requirements of part 1614 of title 29 of the Code
of Federal Regulations or other regulations, directives, or
regulatory restrictions prescribed by the Equal Employ-
ment Opportunity Commission.
772
(2) The pilot program shall include procedures to re-
duce processing time and eliminate redundancy with re-
spect to processes for the resolution of equal employment
opportunity complaints, reinforce local management and
chain-of-command accountability, and provide the parties
involved with early opportunity for resolution.
(3) The Secretary may carry out the pilot program
for a period of three years, beginning on January 1, 2001.
(4)(A) Participation in the pilot program shall be vol-
untary on the part of the complainant. Complainants who
participate in the pilot program shall retain the right to
appeal a final agency decision to the Equal Employment
Opportunity Commission and to file suit in district court.
The Equal Employment Opportunity Commission shall
not reverse a final agency decision on the grounds that
the agency did not comply with the regulatory require-
ments promulgated by the Commission.
(B) Subparagraph (A) shall apply to all cases—
(i) pending as of January 1, 2001, before the
Equal Employment Opportunity Commission involv-
ing a civilian employee who filed a complaint under
the pilot program of the Department of the Navy to
improve processes for the resolution of equal employ-
ment opportunity complaints; and
773
(ii) hereinafter filed with the Commission under
the pilot program established by this section.
(5) The pilot program shall be carried out in at least
one military department and two Defense Agencies.
(b) REPORT.—Not later than 90 days following the
end of the first and last full or partial fiscal years during
which the pilot program is implemented, the Comptroller
General shall submit to Congress a report on the pilot pro-
gram. Such report shall contain the following:
(1) A description of the processes tested by the
pilot program.
(2) The results of such testing.
(3) Recommendations for changes to the proc-
esses for the resolution of equal employment oppor-
tunity complaints as a result of such pilot program.
(4) A comparison of the processes used, and re-
sults obtained, under the pilot program to tradi-
tional and alternative dispute resolution processes
used in the government or private industry.
SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense
shall carry out a defense employees work safety dem-
onstration program.
(b) PRIVATE SECTOR WORK SAFETY MODELS.—
Under the demonstration program, the Secretary shall—
774
(1) adopt for use in the workplace of civilian
employees of the Department of Defense such work
safety models used by employers in the private sec-
tor that the Secretary considers as being representa-
tive of the best work safety practices in use by pri-
vate sector employers; and
(2) determine whether the use of those prac-
tices in the Department of Defense improves the
work safety record of Department of Defense em-
ployees.
(c) SITES.—(1) The Secretary shall carry out the
demonstration program—
(A) at not fewer than two installations of each
of the Armed Forces (other than the Coast Guard),
for employees of the military department concerned;
and
(B) in at least two Defense Agencies (as de-
fined in section 101(a)(11) of title 10, United States
Code).
(2) The Secretary shall select the installations and
Defense Agencies from among the installations and De-
fense Agencies listed in the Federal Worker 2000 Presi-
dential Initiative.
(d) PERIOD FOR PROGRAM.—The demonstration pro-
gram shall begin not later than 180 days after the date
775
of the enactment of this Act and shall terminate on Sep-
tember 30, 2002.
(e) REPORTS.—(1) The Secretary of Defense shall
submit an interim report on the demonstration program
to the Committees on Armed Services of the Senate and
the House of Representatives not later than December 1,
2001. The interim report shall contain, at a minimum, for
each site of the demonstration program the following:
(A) A baseline assessment of the lost workday
injury rate.
(B) A comparison of the lost workday injury
rate for fiscal year 2000 with the lost workday in-
jury 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 Represent-
atives not later than December 1, 2002. The final report
shall contain, at a minimum, for each site of the dem-
onstration program the following:
(A) The Secretary’s determination on the issue
described in subsection (b)(2).
776
(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 fis-
cal year 2002 with the direct and indirect costs asso-
ciated with all lost workday injuries for fiscal year
2001.
(f) FUNDING.—Of the amount authorized to be ap-
propriated under section 301(5), $5,000,000 shall be
available for the demonstration program under this sec-
tion.
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
period beginning on the date of the enactment of
777
this Act’’ and inserting ‘‘the program period speci-
fied in subsection (e)(1)’’;
(2) in subsection (e), by striking paragraph (1)
and inserting the following:
‘‘(1) The period for carrying out the program authorized
under this section begins on October 17, 1998, and ends
on October 16, 2005.’’; and
(3) in subsection (f), by striking ‘‘on the day
before the termination of the program’’ and insert-
ing ‘‘on the last day of the program period specified
in subsection (e)(1)’’.
(b) EXPANSION OF SCOPE.—Subsection (a) of such
section, as amended by subsection (a)(1) of this section,
is further amended by inserting before the period at the
end the following: ‘‘and research and development projects
administered by laboratories designated for the program
by the Secretary from among the laboratories of each of
the military departments’’.
(c) LIMITATION ON NUMBER OF APPOINTMENTS.—
Subsection (b)(1) of such section is amended to read as
follows:
‘‘(1) without regard to any provision of title 5,
United States Code, governing the appointment of
employees in the civil service, appoint scientists and
engineers from outside the civil service and uni-
778
formed 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;
‘‘(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 lo-
cality-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 head-
ing for such section is amended to read as follows:
779
‘‘SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.’’.
SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT
AUTHORITY 
UNDER 
PERSONNEL 
DEM-
ONSTRATION PROJECT.
(a) ELIMINATION OF REQUIREMENT FOR OPM RE-
VIEW AND APPROVAL.—Section 342 of the National De-
fense Authorization Act for Fiscal Year 1995 (Public Law
103–337; 108 Stat. 2721) is amended—
(1) in subsection (b)(1), by striking ‘‘, with the
approval of the Director of the Office of Personnel
Management,’’; and
(2) in subsection (b)(3)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(B) by striking ‘‘section 4703.’’ and insert-
ing ‘‘section 4703; and’’ at the end of subpara-
graph (B); and
(C) by inserting at the end the following
new subparagraph (C):
‘‘(C) the Secretary shall exercise the au-
thorities granted to the Office of Personnel
Management under such section 4703.’’.
(b) INCREASE IN LEVEL OF AUTHORIZED PAY.—Sec-
tion 342(b) of such Act is further amended by adding at
the end the following new paragraph:
780
‘‘(5) The limitations in section 5373 of title 5, United
States Code, do not apply to the authority of the Secretary
under this section to prescribe salary schedules and other
related benefits.’’.
Subtitle C—Educational Assistance
SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE
TRAINING.
Section 4107 of title 5, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsections (b) and (c)’’;
(2) in subsection (b)(1), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsection (a) or (c)’’; and
(3) by adding at the end the following new sub-
section:
‘‘(c) With respect to an employee of the Department
of Defense—
‘‘(1) this chapter does not authorize, except as
provided in subsection (b) of this section, the selec-
tion and assignment of the employee for training, or
the payment or reimbursement of the costs of train-
ing, for—
‘‘(A) the purpose of providing an oppor-
tunity to the employee to obtain an academic
degree in order to qualify for appointment to a
781
particular position for which the academic de-
gree is a basic requirement; or
‘‘(B) the sole purpose of providing an op-
portunity to the employee to obtain one or more
academic degrees, unless such opportunity is
part of a planned, systematic, and coordinated
program of professional development endorsed
by the Department of Defense; and
‘‘(2) any course of post-secondary education de-
livered through classroom, electronic, or other means
shall be administered or conducted by an institution
recognized under standards implemented by a na-
tional or regional accrediting body, except in a case
in which such standards do not exist or the use of
such standards would not be appropriate.’’.
SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS.
(a) 
COVERED
STUDENT
LOANS.—Section
5379(a)(1)(B) of title 5, United States Code, is
amended—
(1) in clause (i), by inserting ‘‘(20 U.S.C. 1071
et seq.)’’ before the semicolon;
(2) in clause (ii), by striking ‘‘part E of title IV
of the Higher Education Act of 1965’’ and inserting
‘‘part D or E of title IV of the Higher Education
782
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) Section 5379(a)(2)
of title 5, United States Code, is amended to read as fol-
lows:
‘‘(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 con-
fidential, policy-determining, policy-making, or policy-ad-
vocating character.’’.
(2) Section 5379(b)(1) of title 5, United States Code,
is amended by striking ‘‘professional, technical, or admin-
istrative’’.
(c) REGULATIONS.—(1) Not later than 60 days after
the date of enactment of this Act, the Director of the Of-
fice of Personnel Management shall issue proposed regula-
tions 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.
783
(2) Not later than 240 days after the date of enact-
ment of this Act, the Director shall issue final regulations.
(d) ANNUAL REPORTS.—Section 5379 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘(h)(1) Each head of an agency shall maintain, and
annually submit to the Director of the Office of Personnel
Management, information with respect to the agency on—
‘‘(A) the number of Federal employees selected
to receive benefits under this section;
‘‘(B) the job classifications for the recipients;
and
‘‘(C) the cost to the Federal Government of
providing the benefits.
‘‘(2) The Director of the Office of Personnel Manage-
ment shall prepare, and annually submit to Congress, a
report containing the information submitted under para-
graph (1), and information identifying the agencies that
have provided benefits under this section.’’.
784
SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIM-
BURSEMENT AND TRAINING FOR CIVILIAN
EMPLOYEES IN THE DEFENSE ACQUISITION
WORKFORCE.
Section 1745(a)(2) of title 10, United States Code,
is amended by striking ‘‘September 30, 2001’’ and insert-
ing ‘‘September 30, 2010’’.
Subtitle D—Other Benefits
SEC. 1131. 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
Department of Defense who—
‘‘(1) has been certified by the Secretary to be
proficient in a foreign language identified by the
Secretary as being a language in which proficiency
by civilian personnel of the Department is necessary
because of national security interests;
785
‘‘(2) is assigned duties requiring proficiency in
that foreign language during a contingency oper-
ation supported by the armed forces; and
‘‘(3) is not receiving special pay under section
1596 of this title.
‘‘(b) RATE.—The rate of special pay for an employee
under this section shall be prescribed by the Secretary,
but may not exceed five percent of the employee’s rate of
basic pay.
‘‘(c) RELATIONSHIP TO OTHER PAY AND 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
786
by striking the item relating to section 1596 and inserting
the following new items:
‘‘1596. Foreign language proficiency: special pay for proficiency beneficial for
intelligence interests.
‘‘1596a. Foreign language proficiency: special pay for proficiency beneficial for
other national security interests.’’.
SEC. 1132. APPROVAL AUTHORITY FOR CASH AWARDS IN
EXCESS OF $10,000.
Section 4502 of title 5, United States Code, is
amended by adding at the end the following:
‘‘(f) The Secretary of Defense may grant a cash
award under subsection (b) of this section without regard
to the requirements for certification and approval provided
in that subsection.’’.
SEC. 1133. LEAVE FOR CREWS OF CERTAIN VESSELS.
Section 6305(c)(2) of title 5, United States Code, is
amended to read as follows:
‘‘(2) may not be made the basis for a lump-sum
payment, except that civil service mariners of the
Military Sealift Command on temporary promotion
aboard ship may be paid the difference between their
temporary and permanent rates of pay for leave ac-
crued under this section and section 6303 and not
otherwise used during the temporary promotion
upon the expiration or termination of the temporary
promotion; and’’.
787
SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL
DEPARTMENT OF DEFENSE EMPLOYEES.
(a) IN GENERAL.—Section 8702 of title 5, United
States Code, is amended by adding at the end the fol-
lowing 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 em-
ployee, 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 prescribed by the Office, within such 60-day pe-
riod.’’.
(b) 
APPLICABILITY.—For 
purposes 
of 
section
8702(c) of title 5, United States Code (as added by sub-
section (a)), an employee of the Department of Defense
who is designated as an emergency essential employee
under section 1580 of title 10, United States Code, before
the date of the enactment of this Act shall be deemed to
be so designated on the date of the enactment of this Act.
788
Subtitle E—Intelligence Civilian
Personnel
SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTEL-
LIGENCE PERSONNEL SYSTEM POSITIONS.
(a) AUTHORITY FOR SENIOR DOD INTELLIGENCE
POSITIONS THROUGHOUT DEPARTMENT OF DEFENSE.—
Section 1601(a)(1) of title 10, United States Code, is
amended—
(1) by striking ‘‘in the intelligence components
of the Department of Defense and the military de-
partments’’ and inserting ‘‘in the Department of De-
fense’’; and
(2) by striking ‘‘of those components and de-
partments’’ and inserting ‘‘of the Department’’.
(b) CONFORMING AMENDMENT FOR PERSONS ELIGI-
BLE FOR POSTEMPLOYMENT ASSISTANCE.—Section 1611
of such title is amended—
(1) in subsection (a)(1), by striking ‘‘an intel-
ligence component of the Department of Defense’’
and inserting ‘‘a defense intelligence position’’;
(2) in subsection (b)—
(A) by striking ‘‘sensitive position in an in-
telligence component of the Department of De-
fense’’ in the matter preceding paragraph (1)
789
and inserting ‘‘sensitive defense intelligence po-
sition’’; and
(B) by striking ‘‘with the intelligence com-
ponent’’ in paragraphs (1) and (2) and insert-
ing ‘‘in a defense intelligence position’’;
(3) in subsection (d), by striking ‘‘an intel-
ligence component of the Department of Defense’’
and inserting ‘‘in a defense intelligence position’’;
and
(4) by striking subsection (f).
(c) CONFORMING AMENDMENT FOR DEFINITION OF
DEFENSE INTELLIGENCE POSITION.—Section 1614(1) of
such title is amended by striking ‘‘of an intelligence com-
ponent of the Department of Defense or of a military de-
partment’’ and inserting ‘‘of the Department of Defense’’.
SEC. 1142. INCREASE IN 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’’.
790
Subtitle F—Voluntary Separation
Incentive Pay and Early Retire-
ment Authority
SEC. 1151. EXTENSION, REVISION, AND EXPANSION OF AU-
THORITIES FOR USE OF VOLUNTARY SEPARA-
TION 
INCENTIVE 
PAY 
AND 
VOLUNTARY
EARLY RETIREMENT.
(a) REVISION AND ADDITION OF PURPOSES FOR DE-
PARTMENT OF DEFENSE VSIP.—Subsection (b) of section
5597 of title 5, United States Code, is amended by insert-
ing after ‘‘transfer of function,’’ the following: ‘‘workforce
restructuring (to meet mission needs, achieve one or more
strength reductions, correct skill imbalances, or reduce the
number of high-grade, managerial, or supervisory posi-
tions),’’.
(b) ELIGIBILITY.—Subsection (c) of such section is
amended—
(1) in paragraph (2), by inserting ‘‘objective
and nonpersonal’’ after ‘‘similar’’; and
(2) by adding at the end the following:
‘‘A determination of which employees are within the scope
of an offer of separation pay shall be made only on the
basis of consistent and well-documented application of the
relevant criteria.’’.
791
(c) INSTALLMENT PAYMENTS.—Subsection (d) of
such section is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) shall be paid in a lump-sum or in install-
ments;’’;
(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 de-
scribed in subsection (g)(1).’’.
(d) 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
services contract with the United States,’’.
792
SEC. 1152. 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 who is separated from the
service under a program carried out under sub-
section (o),’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(o)(1) The Secretary of Defense may, during fiscal
years 2002 and 2003, carry out a program under which
an employee of the Department of Defense may be sepa-
rated from the service entitled to an immediate annuity
under this subchapter if the employee—
‘‘(A) has—
‘‘(i) completed 25 years of service; or
‘‘(ii) become 50 years of age and completed
20 years of service; and
‘‘(B) is eligible for the annuity under paragraph
(2) or (3).
‘‘(2)(A) For the purposes of paragraph (1), an em-
ployee referred to in that paragraph is eligible for an im-
mediate annuity under this paragraph if the employee—
‘‘(i) is separated from the service involuntarily
other than for cause; and
793
‘‘(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 employ-
ee’s commuting 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
pursuant to a transfer of function may not be considered
to be a removal for cause.
‘‘(3) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee satisfies all
of the following conditions:
‘‘(A) The employee is separated from the serv-
ice voluntarily during a period in which the organi-
zation within the Department of Defense in which
the employee is serving is undergoing a major orga-
nizational 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
794
employee’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 deci-
sion 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 cri-
teria:
‘‘(i) One or more organizational units.
‘‘(ii) One or more occupational groups, se-
ries, or levels.
‘‘(iii) One or more geographical locations.
‘‘(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
Personnel Management, the determinations of whether an
employee meets—
‘‘(A) the requirements of subparagraph (A) of
paragraph (3) shall be made by the Office, upon the
request of the Secretary of Defense; and
795
‘‘(B) the requirements of subparagraph (E) of
such paragraph shall be made by the Secretary of
Defense.
‘‘(5) A determination of which employees are within
the scope of an offer of early retirement shall be made
only on the basis of consistent and well-documented appli-
cation of the relevant criteria.
‘‘(6) In this subsection, the term ‘major organiza-
tional 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.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8414 of such title is amended—
(1) in subsection (b)(1)(B), by inserting ‘‘except
in the case of an employee who is separated from
the service under a program carried out under sub-
section (d),’’ after ‘‘(B)’’; and
796
(2) by adding at the end the following:
‘‘(d)(1) The Secretary of Defense may, during fiscal
years 2002 and 2003, carry out a program under which
an employee of the Department of Defense may be sepa-
rated from the service entitled to an immediate annuity
under this subchapter if the employee—
‘‘(A) has—
‘‘(i) completed 25 years of service; or
‘‘(ii) become 50 years of age and completed
20 years of service; and
‘‘(B) is eligible for the annuity under paragraph
(2) or (3).
‘‘(2)(A) For the purposes of paragraph (1), an em-
ployee referred to in that paragraph is eligible for an im-
mediate 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 employ-
ee’s commuting area.
‘‘(B) For the purposes of paragraph (2)(A)(i), a sepa-
ration for failure to accept a directed reassignment to a
797
position outside the commuting area of the employee con-
cerned or to accompany a position outside of such area
pursuant to a transfer of function may not be considered
to be a removal for cause.
‘‘(3) For the purposes of paragraph (1), an employee
referred to in that paragraph is eligible for an immediate
annuity under this paragraph if the employee satisfies all
of the following conditions:
‘‘(A) The employee is separated from the serv-
ice voluntarily during a period in which the organi-
zation within the Department of Defense in which
the employee is serving is undergoing a major orga-
nizational 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
employee’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 deci-
sion 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
798
basis of one or more of the following objective cri-
teria:
‘‘(i) One or more organizational units.
‘‘(ii) One or more occupational groups, se-
ries, or levels.
‘‘(iii) One or more geographical locations.
‘‘(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
Personnel Management, the determinations of whether an
employee meets—
‘‘(A) the requirements of subparagraph (A) of
paragraph (3) shall be made by the Office upon the
request of the Secretary of Defense; and
‘‘(B) the requirements of subparagraph (E) of
such paragraph shall be made by the Secretary of
Defense.
‘‘(5) A determination of which employees are within
the scope of an offer of early retirement shall be made
only on the basis of consistent and well-documented appli-
cation of the relevant criteria.
‘‘(6) In this subsection, the term ‘major organiza-
tional adjustment’ means any of the following:
‘‘(A) A major reorganization.
799
‘‘(B) A major reduction in force.
‘‘(C) A major transfer of function.
‘‘(D) A workforce restructuring—
‘‘(i) to meet mission needs;
‘‘(ii) to achieve one or more reductions in
strength;
‘‘(iii) to correct skill imbalances; or
‘‘(iv) to reduce the number of high-grade,
managerial, supervisory, or similar positions.’’.
(c) 
CONFORMING
AMENDMENTS.—(1) 
Section
8339(h) of such title is amended by striking out ‘‘or ( j)’’
in the first sentence and inserting ‘‘( j), or (o)’’.
(2) Section 8464(a)(1)(A)(i) of such title is amended
by striking out ‘‘or (b)(1)(B)’’ and ‘‘, (b)(1)(B), or (d)’’.
SEC. 1153. LIMITATIONS.
(a) FISCAL YEAR 2001 LIMITATIONS ON VSIP.—
Section 5597 of title 5, United States Code, as amended
by section 1151, is further amended by adding at the end
the following new subsection:
‘‘(i)(1) Notwithstanding any other provision of this
section, during fiscal year 2001, separation pay may be
offered under the program carried out under this section
with respect to workforce restructuring only to persons
who, upon separation, are entitled to an immediate annu-
ity under section 8336, 8412, or 8414 of this title and
800
are otherwise eligible for the separation pay under this
section.
‘‘(2) In the administration of the program under this
section during fiscal year 2001, the Secretary shall ensure
that not more than 1,000 employees are, as a result of
workforce restructuring, separated from service in that fis-
cal year entitled to separation pay under this section.
‘‘(3) Separation pay may not be offered as a result
of workforce restructuring under the program carried out
under this section after fiscal year 2003.’’.
(b) LIMITATIONS FOR FISCAL YEARS 2002 AND 2003
ON VSIP AND VERA.—(1) Subject to paragraph (2), the
Secretary of Defense shall ensure that, in each of fiscal
years 2002 and 2003, not more than 4,000 employees of
the Department of Defense are, as a result of workforce
restructuring, separated from service entitled to one or
more of the following benefits:
(A) Voluntary separation incentive pay under
section 5597 of title 5, United States Code.
(B) Immediate annuity under section 8336(o)
or 8414(d) of such title.
(2) Notwithstanding sections 5597(e), 8336(o), and
8414(d) of title 5, United States Code, the Secretary of
Defense may carry out the programs authorized in those
sections during fiscal years 2002 and 2003 with respect
801
to workforce restructuring only to the extent provided in
a law enacted by the One Hundred Seventh Congress.
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
Subtitle A—Matters Related to Arms Control
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
Sec. 1202. Support of consultations on Arab and Israeli arms control and re-
gional security issues.
Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign govern-
ments.
Sec. 1204. Additional matters for annual report on transfers of militarily sen-
sitive technology to countries and entities of concern.
Subtitle B—Matters Relating to the Balkans
Sec. 1211. Annual report assessing effect of continued operations in the Bal-
kans region on readiness to execute the national military strat-
egy.
Sec. 1212. Situation in the Balkans.
Sec. 1213. Semiannual report on Kosovo peacekeeping.
Subtitle C—North Atlantic Treaty Organization and United
States Forces in Europe
Sec. 1221. NATO fair burdensharing.
Sec. 1222. Repeal of restriction preventing cooperative airlift support through
acquisition and cross-servicing agreements.
Sec. 1223. GAO study on the benefits and costs of United States military en-
gagement in Europe.
Subtitle D—Other Matters
Sec. 1231. Joint data exchange center with Russian Federation on early warn-
ing systems and notification of ballistic missile launches.
Sec. 1232. Report on sharing and exchange of ballistic missile launch early
warning data.
Sec. 1233. Annual report of Communist Chinese military companies operating
in the United States.
Sec. 1234. Adjustment of composite theoretical performance levels of high per-
formance computers.
Sec. 1235. Increased authority to provide health care services as humanitarian
and civic assistance.
Sec. 1236. Sense of Congress regarding the use of children as soldiers.
Sec. 1237. Sense of Congress regarding undersea rescue and recovery.
Sec. 1238. United States-China Security Review Commission.
802
Subtitle A—Matters Related to
Arms Control
SEC. 1201. 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 De-
fense under section 1505 of the Weapons of Mass Destruc-
tion 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
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking ‘‘2000’’ and inserting ‘‘2001’’.
SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND
ISRAELI ARMS CONTROL AND REGIONAL 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 formal and informal region-wide
consultations among Arab, Israeli, and United States offi-
cials and experts on arms control and security issues con-
cerning the Middle East region.
803
SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING
EQUIPMENT TO FOREIGN GOVERNMENTS.
(a) IN GENERAL.—Chapter 152 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 2555. Nuclear test monitoring equipment: fur-
nishing to foreign governments
‘‘(a) AUTHORITY TO CONVEY OR PROVIDE NUCLEAR
TEST MONITORING EQUIPMENT.—Subject to subsection
(b), the Secretary of Defense may—
‘‘(1) convey or otherwise provide to a foreign
government (A) equipment for the monitoring of nu-
clear test explosions, and (B) associated equipment;
and
‘‘(2) as part of any such conveyance or provi-
sion of equipment, install such equipment on foreign
territory or in international waters.
‘‘(b) AGREEMENT REQUIRED.—Nuclear test explo-
sion monitoring equipment may be conveyed or otherwise
provided under subsection (a) only pursuant to the terms
of an agreement between the United States and the for-
eign government receiving the equipment in which the re-
cipient foreign government agrees—
‘‘(1) to provide the United States with timely
access to the data produced, collected, or generated
by the equipment;
804
‘‘(2) to permit the Secretary of Defense to take
such measures as the Secretary considers necessary
to inspect, test, maintain, repair, or replace that
equipment, including access for purposes of such
measures; and
‘‘(3) to return such equipment to the United
States (or allow the United States to recover such
equipment) if either party determines that the agree-
ment no longer serves its interests.
‘‘(c) REPORT.—Promptly after entering into any
agreement under subsection (b), the Secretary of Defense
shall submit to Congress a report on the agreement. The
report shall identify the country with which the agreement
was made, the anticipated costs to the United States to
be incurred under the agreement, and the national interest
of the United States that is furthered by the agreement.
‘‘(d) LIMITATION ON DELEGATION.—The Secretary
of Defense may delegate the authority of the Secretary
to carry out this section only to the Secretary of the Air
Force. Such a delegation may be redelegated.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘2555. Nuclear test monitoring equipment: furnishing to foreign governments.’’.
805
SEC. 1204. 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 Authoriza-
tion Act for Fiscal Year 2000 (Public Law 106–65; 113
Stat. 798) is amended by adding at the end the following
new paragraph:
‘‘(4) The status of the implementation or other
disposition of recommendations included in reports
of audits by Inspectors General that have been set
forth in a previous annual report under this section
pursuant to paragraph (3).’’.
Subtitle B—Matters Relating to the
Balkans
SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CON-
TINUED OPERATIONS IN THE BALKANS RE-
GION ON READINESS TO EXECUTE THE NA-
TIONAL MILITARY STRATEGY.
Section 1035 of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.
753) is amended—
(1) in subsection (a), by striking ‘‘Not later
than 180 days after the date of the enactment of
this Act,’’ and inserting ‘‘Not later than April 1
each year (but subject to subsection (e)),’’;
806
(2) in subsection (b), by striking ‘‘The report’’
in the matter preceding paragraph (1) and inserting
‘‘Each report’’;
(3) in subsection (d), by striking ‘‘the report’’
and inserting ‘‘a report’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e) TERMINATION WHEN UNITED STATES MILI-
TARY OPERATIONS END.—(1) No report is required under
this section after United States military operations in the
Balkans region have ended.
‘‘(2) After the requirement for an annual report
under this section is terminated by operation of paragraph
(1), but not later than the latest date on which the next
annual report under this section would, except for para-
graph (1), otherwise be due, the Secretary of Defense shall
transmit to Congress a notification of the termination of
the reporting requirement.’’.
SEC. 1212. SITUATION IN THE BALKANS.
(a) ESTABLISHMENT OF NATO BENCHMARKS FOR
WITHDRAWAL OF FORCES FROM KOSOVO.—The Presi-
dent shall develop, not later than May 31, 2001, militarily
significant benchmarks for conditions that would achieve
a sustainable peace in Kosovo and ultimately allow for the
withdrawal of the United States military presence in
807
Kosovo. Congress urges the President to seek concurrence
among member nations of the North Atlantic Treaty Or-
ganization in the development of those benchmarks.
(b) COMPREHENSIVE POLITICAL-MILITARY STRAT-
EGY.—(1) The President—
(A) shall develop a comprehensive political-mili-
tary strategy for addressing the political, economic,
humanitarian, and military issues in the Balkans;
and
(B) shall establish near-term, mid-term, and
long-term objectives in the region.
(2) In developing that strategy and those objectives,
the President shall take into consideration—
(A) the benchmarks relating to Kosovo devel-
oped as described in subsection (a); and
(B) the benchmarks relating to Bosnia that
were detailed in the report accompanying the certifi-
cation by the President to Congress on March 3,
1998 (printed as House Document 105–223), with
respect to the continued presence of United States
Armed Forces, after June 30, 1998, in Bosnia and
Herzegovina, submitted to Congress pursuant to sec-
tion 7 of title I of the 1998 Supplemental Appro-
priations and Rescissions Act (Public Law 105–174;
112 Stat. 63).
808
(3) That strategy and those objectives shall be devel-
oped in consultation with appropriate regional and inter-
national entities.
(c) SEMIANNUAL REPORT ON BENCHMARKS.—Not
later than June 30, 2001, and every six months thereafter,
the President shall submit to Congress a report on the
progress made in achieving the benchmarks developed pur-
suant to subsection (a). The President may submit a sin-
gle report covering these benchmarks and the benchmarks
relating to Bosnia referred to in subsection (b)(2)(B).
(d) SEMIANNUAL
REPORT
ON
COMPREHENSIVE
STRATEGY.—Not later than June 30, 2001, and every six
months thereafter so long as United States forces are in
the Balkans, the President shall submit to Congress a re-
port on the progress being made in developing and imple-
menting a comprehensive political-military strategy as de-
scribed in subsection (b)(1)(A).
SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACE-
KEEPING.
(a) REQUIREMENT
FOR PERIODIC REPORT.—The
President shall submit to the specified congressional com-
mittees a semiannual report on the contributions of Euro-
pean nations and organizations to the peacekeeping oper-
ations in Kosovo. The first such report shall be submitted
not later than December 1, 2000.
809
(b) CONTENT OF REPORT.—Each report shall con-
tain detailed information on the following:
(1) The commitments and pledges made by the
European Commission, the member nations of the
European Union, and the European member nations
of the North Atlantic Treaty Organization for—
(A) reconstruction assistance in Kosovo;
(B) humanitarian assistance in Kosovo;
(C) the Kosovo Consolidated Budget;
(D) police (including special police) for the
United Nations international police force for
Kosovo; and
(E) military personnel for peacekeeping op-
erations in Kosovo.
(2) The amount of the assistance that has been
provided in each category, and the number of police
and military personnel that have been deployed to
Kosovo, by each organization or nation referred to
in paragraph (1).
(3) The full range of commitments and respon-
sibilities that have been undertaken for Kosovo by
the United Nations, the European Union, and the
Organization for Security and Cooperation in Eu-
rope (OSCE), the progress made by those organiza-
tions in fulfilling those commitments and respon-
810
sibilities, an assessment of the tasks that remain to
be accomplished, and an anticipated schedule for
completing those tasks.
(d) SPECIFIED CONGRESSIONAL COMMITTEES.—In
the section, the term ‘‘specified congressional committees’’
means—
(1) the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the
Committee on International Relations, and the Com-
mittee on Appropriations of the House of Represent-
atives.
Subtitle C—North Atlantic Treaty
Organization and United States
Forces in Europe
SEC. 1221. NATO FAIR BURDENSHARING.
(a) REPORT
ON COSTS
OF OPERATION ALLIED
FORCE.—The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a report on the costs to the United States of the 78-day
air campaign known as Operation Allied Force conducted
against the Federal Republic of Yugoslavia during the pe-
811
riod from March 24 through June 9, 1999. The report
shall include the following:
(1) The costs of ordnance expended, fuel con-
sumed, and personnel.
(2) The estimated cost of the reduced service
life of United States aircraft and other systems par-
ticipating in the operation.
(b) REPORT
ON
BURDENSHARING
OF
FUTURE
NATO OPERATIONS.—Whenever the North Atlantic Trea-
ty Organization undertakes a military operation, the Sec-
retary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report describing—
(1) the contributions to that operation made by
each of the member nations of the North Atlantic
Treaty Organization during that operation; and
(2) the contributions that each of the member
nations of the North Atlantic Treaty Organization
are making or have pledged to make during any fol-
low-on operation.
(c) TIME FOR SUBMISSION OF REPORT.—A report
under subsection (b) shall be submitted not later than 90
days after the completion of the military operation.
812
(d) APPLICABILITY.—Subsection (b) shall apply only
with respect to military operations begun after the date
of the enactment of this Act.
SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOP-
ERATIVE AIRLIFT SUPPORT THROUGH AC-
QUISITION AND CROSS-SERVICING AGREE-
MENTS.
Section 2350c of title 10, United States Code, is
amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as sub-
section (d).
SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF
UNITED STATES MILITARY ENGAGEMENT IN
EUROPE.
(a) COMPTROLLER GENERAL STUDY.—The Comp-
troller General shall conduct a study assessing the benefits
and costs to the United States and United States national
security interests of the engagement of United States
forces in Europe and of United States military strategies
used to shape the international security environment in
Europe.
(b) MATTERS TO BE INCLUDED.—The study shall
include an assessment of the following matters:
813
(1) The benefits and costs to the United States
of having forces stationed in Europe and assigned to
areas of regional conflict such as Bosnia and
Kosovo.
(2) The benefits and costs associated with sta-
tioning United States forces in Europe and with as-
signing those forces to areas of regional conflict, in-
cluding an analysis of the benefits and costs of de-
ploying United States forces with the forces of Euro-
pean allies.
(3) The amount and type of the following kinds
of contributions to European security made by Euro-
pean allies in 1999 and 2000:
(A) Financial contributions.
(B) Contributions of military personnel
and units.
(C) Contributions of nonmilitary personnel,
such as medical personnel, police officers, judi-
cial officers, and other civic officials.
(D) Contributions, including contributions
in kind, for humanitarian and reconstruction
assistance and infrastructure building or activi-
ties that contribute to regional stability, wheth-
er in lieu of or in addition to military-related
contributions.
814
(4) The extent to which a forward United
States military presence compensates for existing
shortfalls of air and sea lift capability in the event
of regional conflict in Europe or the Middle East.
(c) REPORT.—The Comptroller General shall submit
to the Committees on Armed Services of the Senate and
House of Representatives a report on the results of the
study not later than December 1, 2001.
Subtitle D—Other Matters
SEC. 1231. JOINT DATA EXCHANGE CENTER WITH RUSSIAN
FEDERATION ON EARLY WARNING SYSTEMS
AND NOTIFICATION OF BALLISTIC MISSILE
LAUNCHES.
(a) AUTHORITY.—The Secretary of Defense is au-
thorized to establish, in conjunction with the Government
of the Russian Federation, a United States-Russian Fed-
eration joint center for the exchange of data from systems
to provide early warning of launches of ballistic missiles
and for notification of launches of such missiles.
(b) SPECIFIC ACTIONS.—The actions that the Sec-
retary undertakes for the establishment of the center may
include—
(1) subject to subsection (d), participating in
the renovation of a mutually agreed upon facility to
be made available by the Russian Federation; and
815
(2) the furnishing of such equipment and sup-
plies as may be necessary to begin the operation of
the center.
(c) REPORT REQUIRED.—(1) Not later than 30 days
after the date of the enactment of this Act, the Secretary
shall submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the
House of Representatives a report on plans for the joint
data exchange center.
(2) The report shall include the following:
(A) A detailed explanation as to why the par-
ticular facility intended to house the center was cho-
sen.
(B) An estimate of the total cost of renovating
that facility for use by the center.
(C) A description of the manner by which the
United States proposes to meet its share of the costs
of such renovation.
(d) LIMITATION.—(1) The Secretary of Defense may
participate under subsection (b) in the renovation of the
facility identified in the report under subsection (c) only
if the United States and the Russian Federation enter into
a cost-sharing arrangement that provides for an equal
sharing between the two nations of the cost of establishing
816
the center, including the costs of renovating and operating
the facility.
(2) Not more than $4,000,000 of funds appropriated
for fiscal year 2001 may be obligated or expended after
the date of the enactment of this Act by the Secretary
of Defense for the renovation of such facility until 30 days
after the date on which the Secretary submits to the Com-
mittee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a copy of a written agreement between the United States
and the Russian Federation that provides details of the
cost-sharing arrangement specified in paragraph (1), in
accordance with the Memorandum of Agreement between
the two nations signed in Moscow in June 2000.
SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BAL-
LISTIC MISSILE LAUNCH EARLY WARNING
DATA.
Not later than March 15, 2001, the Secretary of De-
fense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report on current and
planned activities of the Department of Defense with re-
spect to the sharing and exchange with other countries
of early warning data concerning ballistic missile launches.
The report shall include the Secretary’s assessment of the
817
benefits and risks of sharing such data with other coun-
tries on a bilateral or multilateral basis.
SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILI-
TARY 
COMPANIES 
OPERATING 
IN 
THE
UNITED STATES.
Section 1237(b) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50
U.S.C. 1701 note) is amended—
(1) by striking ‘‘PUBLICATION’’ in the sub-
section heading and inserting ‘‘REPORTING’’; and
(2) by striking paragraphs (1) and (2) and in-
serting the following:
‘‘(1) INITIAL
DETERMINATION
AND
REPORT-
ING.—Not later than March 1, 2001, the Secretary
of Defense shall make a determination of those per-
sons operating directly or indirectly in the United
States or any of its territories and possessions that
are Communist Chinese military companies and shall
submit a list of those persons in classified and un-
classified form to the following:
‘‘(A) The Committee on Armed Services of
the House of Representatives.
‘‘(B) The Committee on Armed Services of
the Senate.
‘‘(C) The Secretary of State.
818
‘‘(D) The Secretary of the Treasury.
‘‘(E) The Attorney General.
‘‘(F) The Secretary of Commerce.
‘‘(G) The Secretary of Energy.
‘‘(H) The Director of Central Intelligence.
‘‘(2) ANNUAL REVISIONS TO THE LIST.—The
Secretary of Defense shall make additions or dele-
tions to the list submitted under paragraph (1) on
an annual basis based on the latest information
available and shall submit the updated list not later
than February 1, each year to the committees and
officers specified in paragraph (1).’’.
SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL
PERFORMANCE LEVELS OF HIGH PERFORM-
ANCE COMPUTERS.
(a) LAYOVER PERIOD FOR NEW PERFORMANCE LEV-
ELS.—Section 1211 of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (50 U.S.C. App. 2404 note)
is amended—
(1) in the second sentence of subsection (d), by
striking ‘‘180’’ and inserting ‘‘60’’; and
(2) by adding at the end the following new sub-
section:
‘‘(h) CALCULATION OF 60-DAY PERIOD.—The 60-
day period referred to in subsection (d) shall be calculated
819
by excluding the days on which either House of Congress
is not in session because of an adjournment of the Con-
gress sine die.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to any new composite theoretical
performance level established for purposes of section
1211(a) of the National Defense Authorization Act for
Fiscal Year 1998 that is submitted by the President pur-
suant to section 1211(d) of that Act on or after the date
of the enactment of this Act.
SEC. 1235. INCREASED AUTHORITY TO PROVIDE HEALTH
CARE SERVICES AS HUMANITARIAN AND
CIVIC ASSISTANCE.
Section 401(e)(1) of title 10, United States Code, is
amended by striking ‘‘rural areas of a country’’ and insert-
ing ‘‘areas of a country that are rural or are underserved
by medical, dental, and veterinary professionals, respec-
tively’’.
SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF
CHILDREN AS SOLDIERS.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) In the year 2000, approximately 300,000
individuals under the age of 18 are participating in
armed conflict in more than 30 countries worldwide.
820
(2) Many children participating in armed con-
flict in various countries around the world are forc-
ibly conscripted through kidnapping or coercion,
while others join military units due to economic ne-
cessity, to avenge the loss of a family member, or for
their own personal safety.
(3) Many military commanders frequently force
child soldiers to commit gruesome acts of ritual
killings or torture against their enemies, including
against other children.
(4) Many military commanders separate chil-
dren from their families in order to foster depend-
ence on military units and leaders, leaving children
vulnerable to manipulation, deep traumatization, and
in need of psychological counseling and rehabilita-
tion.
(5) Child soldiers are exposed to hazardous con-
ditions and risk physical injuries, sexually trans-
mitted diseases, malnutrition, deformed backs and
shoulders from carrying overweight loads, and res-
piratory 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
821
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.
(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 inter-
national agreement, referred to in this case as an
‘‘optional protocol’’, on the use of child soldiers.
(11) This optional protocol, upon entry into
force, will—
822
(A) raise the international minimum age
for conscription and will require governments to
take all feasible measures to ensure that mem-
bers of their armed forces under age 18 do not
participate directly in combat;
(B) prohibit the recruitment and use in
armed conflict of persons under the age of 18
by non-governmental armed forces;
(C) encourage governments to raise the
minimum legal age for voluntary recruits above
the current standard of 15, and
(D) commit governments to support the
demobilization and rehabilitation of child sol-
diers and, when possible, to allocate resources
to this purpose.
(12) On October 29, 1998, United Nations Sec-
retary General Kofi Annan set minimum age re-
quirements for United Nations peacekeeping per-
sonnel that are made available by member nations of
the United Nations.
(13) The United Nations Under-Secretary Gen-
eral for Peace-keeping, Bernard Miyet, announced in
the Fourth Committee of the General Assembly that
contributing governments of member nations were
asked not to send civilian police and military observ-
823
ers under the age of 25 and that troops in national
contingents should preferably be at least 21 years of
age but in no case should they be younger than 18
years of age.
(14) On August 25, 1999, the United Nations
Security Council unanimously passed Resolution
1261 (1999) condemning the use of children in
armed conflicts.
(15) In addressing the Security Council on Au-
gust 26, 1999, the Special Representative of the
Secretary General for Children and Armed Conflict,
Olara Otunnu, urged the adoption of a global three-
pronged approach to combatting the use of children
in armed conflict that would—
(A) first, raise the age limit for recruit-
ment and participation in armed conflict from
the present age of 15 to the age of 18;
(B) second, increase international pressure
on armed groups which currently abuse chil-
dren; and
(C) third, address the political, social, and
economic factors that create an environment in
which children are induced by appeal of ide-
ology or by socio-economic collapse to become
child soldiers.
824
(16) The United States delegation to the
United Nations working group relating to child sol-
diers, which included representatives from the De-
partment of Defense, supported the Geneva agree-
ment on the optional protocol.
(17) On May 25, 2000, the United Nations
General Assembly unanimously adopted the optional
protocol on the use of child soldiers.
(18) The optional protocol was opened for sig-
nature on June 5, 2000.
(19) The President signed the optional protocol
on behalf of the United States on July 5, 2000.
(b) CONGRESSIONAL STATEMENTS ON CHILD SOL-
DIERS.—Congress joins the international community in—
(1) condemning the use of children as soldiers
by governmental and nongovernmental armed forces
worldwide; and
(2) welcoming the optional protocol on the use
of child soldiers adopted by the United Nations Gen-
eral Assembly on May 25, 2000, as a critical first
step in ending the use of children as soldiers.
(c) SENSE OF CONGRESS ON FURTHER ACTIONS.—
It is the sense of Congress that—
(1) it is essential that the President consult
closely with the Senate with the objective of building
825
support for ratification by the United States of the
optional protocol and that the Senate move forward
as expeditiously as possible;
(2) the United States should provide assistance,
through a new fund to be established by law, for the
rehabilitation and reintegration into their respective
civilian societies of child soldiers of other nations;
and
(3) the President, acting through the Secre-
taries of State and Defense and other appropriate
officials, should undertake all possible efforts to per-
suade and encourage other governments to ratify
and endorse the optional protocol on the use of child
soldiers.
SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA
RESCUE AND RECOVERY.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The tragic loss in August 2000 of the Rus-
sian submarine Kursk resulted in the death of all
118 members of the submarine’s crew.
(2) The Kursk is the third vessel of the sub-
marine fleet of the Russian Federation and its pred-
ecessor, the Union of Soviet Socialist Republics, to
826
be lost in an accident at sea with considerable loss
of life of the officers and crews of those submarines.
(3) The United States submarines USS Thresh-
er and USS Scorpion, with their officers and crews,
were also lost at sea in tragic accidents, in 1963 and
1968, respectively.
(4) The United States, the Russian Federation,
and other maritime nations possess extensive capa-
bilities consisting of naval and research vessels and
other assets that could be used to respond to acci-
dents or incidents involving submarines or other un-
dersea vessels.
(5) The United States Navy has rescue agree-
ments with the navies of 14 countries from Europe,
the Western Pacific, and the Americas, but not in-
cluding the Russian Federation, and exercises regu-
larly to train crews and practice submarine rescue
procedures with the navies of participating nations.
(b) EXPRESSION OF SYMPATHY.—Congress expresses
its sympathy and the sympathy of the American people
to the people of the Russian Federation and joins the Rus-
sian people in mourning the death of the crewmen of the
submarine Kursk.
(c) SENSE
OF
CONGRESS
CONCERNING
INTER-
NATIONAL COOPERATION.—It is the sense of Congress