Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
PL 106-398 (H.R.4205), enacted 10/30/2000

114 STAT. 1654 
PUBLIC LAW 106-398—OCT. 30, 2000 
Public Law 106-398 
106th Congress 
An Act 
To authorize appropriations for fiscal year 2001 for military activities of the Depart-
Oct. 30, 2000 
ment of Defense, for military construction, and for defense activities of the Depart-
[H.R. 4205] 
ment of Energy, to prescribe personnel strengths for such fiscal year for the 
Armed Forces, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Incorporation by 
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE 
reference. 
AUTHORIZATION ACT. 
The provisions of H.R. 5408 of the 106th Congress, as intro-
duced on October 6, 2000, are hereby enacted into law. 
1 u s e 112 note. 
SEC. 2. PUBLICATION OF ACT. 
In publishing this Act in slip form and in the United States 
Statutes at Large pursuant to section 112 of title 1, United States 
Code, the Archivist of the United States shall include after the 
date of approval an appendix setting forth the text of the bill 
referred to in section 1. 
Approved October 30, 2000. 
LEGISLATIVE HISTORY—H.R. 4205 (S. 2549) (S. 2550): 
HOUSE REPORTS: Nos. 106-616 (Comm. on Armed Services) and 106-945 (Comm. 
of Conference). 
SENATE REPORTS: No. 106-292 accompanying S. 2549 (Comm. on Armed Serv-
CONGRESSIONAL RECORD, Vol. 146 (2000): 
May 17, 18 considered and passed House. 
July 13, considered and passed Senate, amended. 
Oct. 11, House agreed to conference report. 
Oct. 12, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 30, Presidential statement. 
ENDNOTE: The following appendix was added pursuant to the provisions of sections 1 and 
2 of this Act. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-1 
APPENDIX—H.R. 5408 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the "Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001". 
(b) FINDINGS.—Congress makes the following findings: 
(1) Representative Floyd D. Spence of South Carolina was 
elected to the House of Representatives in 1970, for service 
in the 92d Congress, after serving in the South Carolina legisla-
ture for 10 years, and he has been reelected to each subsequent 
Congress. 
(2) Representative Spence came to Congress as a distin-
guished veteran of service in the Armed Forces of the United 
States. 
(3) Upon graduation from college in 1952, Representative 
Spence was commissioned as an ensign in the United States 
Naval Reserve. After entering active duty, he served with 
distinction aboard the USS CARTER HALL and the USS LSM-
397 during the Korean War and later served as commanding 
officer of a Naval Reserve Surface Division and as group com-
mander of all Naval Reserve units in Columbia, South Carolina. 
Representative Spence retired from the Naval Reserve in 1988 
in the grade of captain, after 41 years of dedicated service. 
(4) Upon election to the House of Representatives, Rep-
resentative Spence became a member of the Committee on 
Armed Services of that body. During 30 years of service on 
that committee (4 years of which were served while the commit-
tee was known as the Committee on National Security), Rep-
resentative Spence's contributions to the national defense and 
security of the United States have been profound and long 
lasting. 
(5) Representative Spence served as chairman of that 
committee while known as the Committee on National Security 
during the 104th and 105th Congresses and serves as chairman 
of that committee for the 106th Congress. In addition, Rep-
resentative Spence served as the ranking minority member 
of the Committee on Armed Services during the 103d Congress. 
(6) Dozens of awards from active duty and reserve military, 
veterans service, military retiree, and industry organizations 
and associations have recognized the distinguished character 
of Representative Spence's service to the Nation. 
(7) Representative Spence has been a leading figure in 
the debate over many of the most critical military readiness, 
health care, recruiting, and retention issues currently confront-
ing the Nation's military. His concern for the men and women 
in uniform has been iinwavering, £ind his accomplishments 
in promoting and gaining support for those issues that preserve 
114 STAT. 1654A-2 
PUBLIC LAW 106-398—APPENDIX 
the combat effectiveness, morale, and quality of life of the 
Nation's military personnel have been unparalleled. 
(8) During his tenure as chairman of the Committee on 
National Security and the Committee on Armed Services of 
the House of Representatives, Representative Spence has— 
(A) led efforts to identify and reverse the effect that 
declining resources and rising commitments have had on 
military quality of life for service members and their fami-
lies, on combat readiness, and on equipment modernization, 
with a direct result of those diligent efforts and of his 
willingness to be an outspoken proponent for America's 
military 
being 
that 
Congress 
has 
added 
nearly 
$50,000,000,000 to the President's defense budgets over 
the past 5 years; 
(B) been a leading proponent of the need to expedi-
tiously develop and field a national missile defense to pro-
tect if^erican citizens and forward deployed military forces 
from growing ballistic missile threats; 
(C) advocated reversing the growing disparity between 
actual military capability and the requirements associated 
with the National Military Strategy; and 
(D) led efforts in Congress to reform Department of 
Defense acquisition and management headquarters and 
infrastructure and business practices. 
(9) This Act is the 30th annual authorization bill for the 
Department of Defense for which Representative Spence has 
taken a major responsibility as a member of the Committee 
on Armed Services of the House of Representatives (including 
4 years while that committee was known as the Committee 
on National Security). 
(10) In light of the findings in the preceding paragraphs, 
it is altogether fitting and proper that this Act be named 
in honor of Representative Floyd D. Spence of South Carolina, 
as provided in subsection (a). 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; findings. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees defined. 
DIVISION A—DEPARTMENT OF DEFENSE 
AUTHORIZATIONS 
TITLE I—PROCUREMENT 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. Defense Inspector General. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-3 
Sec. 106. Defense Health Program. 
SUBTITLE B—ARMY PROGRAMS 
Sec. 111. Multiyear procurement authority. 
Sec. 112. Increase in limitation on number of bunker defeat munitions that may be 
acquired. 
Sec. 113. Reports and limitations relating to Army transformation. 
SUBTITLE C—NAVY PROGRAMS 
Sec. 121. CVNX-1 nuclear aircraft carrier program. 
Sec. 122. Arleigh Burke class destroyer program. 
Sec. 123. Virginia class submarine program. 
Sec. 124. Limitation during fiscal year 2001 on changes in submarine force struc-
ture. 
Sec. 125. ADC(X) ship program. 
Sec. 126. Refueling and complex overhavil program of the U.S.S. Dwight D. Eisen-
hower. 
Sec. 127. Analysis of certain shrpbmlding programs. 
Sec. 128. Helicopter support of FFG-7 frigates during fiscal year 2001. 
Sec. 129. V-22 cockpit aircraft voice and flight data recorders. 
SUBTITLE D—AIR FORCE PROGRAMS 
Sec. 131. Annual report on B-2 bomber. 
Sec. 132. Report on modernization of Air National Guard F-16A units. 
SUBTITLE E—JOINT PROGRAMS 
Sec. 141. Study of final assembly and checkout alternatives for the Joint Strike 
Fighter program. 
SUBTITLE F—CHEMICAL DEMILITARIZATION 
Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction tech-
nologies. 
Sec. 152. Report on assessment of need for Federal economic assistance for commu-
nities impacted by chemical demilitarization activities. 
Sec. 153. Prohibition against disposal of non-stockpile chemical warfare material at 
Anniston chemical stockpile disposal facility. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
SUBTITLE B—PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
Sec. 211. Management of Space-Based Infrared System—Low. 
Sec. 212. Joint Strike Fighter program. 
Sec. 213. Fiscal year 2002 joint field experiment. 
Sec. 214. Nuclear aircraft carrier design and production modeling. 
Sec. 215. DD-21 class destroyer program. 
Sec. 216. Limitation on Russian American Observation Satellites program. 
Sec. 217. Joint biological defense program. 
Sec. 218. Report on biological warfare defense vaccine research and development 
programs. 
Sec. 219. Cost limitations applicable to F-22 aircraft program. 
Sec. 220. Unmanned advanced capability combat aircraft and ground combat vehi-
cles. 
Sec. 221. Global Hawk high altitude endurance unmanned aerial vehicle. 
Sec. 222. Army space control technology development. 
SUBTITLE C—BALLISTIC MISSILE DEFENSE 
Sec. 23L Funding for fiscal year 2001. 
Sec. 232. Reports on ballistic missile threat posed by North Korea. 
Sec. 233. Plan to modify ballistic missile defense architectiure. 
Sec. 234. Management of Airborne Laser program. 
SUBTITLE D—HIGH ENERGY LASER PROGRAMS 
Sec. 241. Funding. 
Sec. 242. Implementation of High Energy Laser Master Plan. 
Sec. 243. Designation of senior official for high energy laser programs. 
Sec. 244. Site for Joint Technology Office. 
114 STAT. 1654A-4 
PUBLIC LAW 106-398—APPENDIX 
Sec. 245. High energy laser infrastructure improvements. 
Sec. 246. Cooperative programs and activities. 
Sec. 247. Technology plan. 
Sec. 248. Annual report. 
Sec. 249. Definition. 
Sec. 250. Review of defense-wide directed energy programs. 
SUBTITLE E—OTHER MATTERS 
Sec. 251. Reports on mobile offshore base concept and potential use for certain pur-
poses of technologies associated with that concept. 
Sec. 252. Air Force science and technology planning. 
Sec. 253. Enhancement of authorities regarding education partnerships for pur-
poses of encouraging scientific study. 
Sec. 254. Recognition of those individuals instrumental to naval research efforts 
during the period from before World War II through the end of the Cold 
War. 
TITLE III—OPERATION AND MAINTENANCE 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Joint warfighting capabilities assessment teams. 
SUBTITLE B—ENVIRONMENTAL PROVISIONS 
Sec. 311. Establishment of additional environmental restoration account and use of 
accounts for operation and monitoring of environmental remedies. 
Sec. 312. Certain environmental restoration activities. 
Sec. 313. Annual reports under Strategic Environmental Research and Develop-
ment Program. 
Sec. 314. Payment of fines and penalties for environmental compliance at Fort 
WainwrighL Alaska. 
Sec. 315. Payment of fines or penalties imposed for environmental compliance vio-
lations at other Department of Defense facilities. 
Sec. 316. Reimbursement 
for certain costs in connection with 
the 
former 
Nansemond Ordnance Depot Site, Suffolk, Virginia. 
Sec. 317. Necessity of military low-level flight training to protect national security 
and enhance military readiness. 
Sec. 318. Ship disposal project. 
Sec. 319. Defense Environmental Security Corporate Information Management Pro-
gram. 
Sec. 320. Report on Plasma Energy Pyrolysis System. 
Sec. 321. Sense of Congress regarding environmental restoration of former defense 
manufacturing site, Santa Clarita, California. 
SUBTITLE C—COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTALITIES 
Sec. 331. Use of appropriated funds to cover operating expenses of commissary 
stores. 
Sec. 332. Adjustment of sales prices of commissary store goods and services to 
cover certain expenses. 
Sec. 333. Use of surcharges for construction and improvement of commissary 
stores. 
Sec. 334. Inclusion of magazines and other periodicals as an authorized commissary 
merchandise category. 
Sec. 335. Use of most economical distribution method for distilled spirits. 
Sec. 336. Report on effects of availability of slot machines on United States military 
installations overseas. 
SUBTITLE D—DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES 
Sec. 341. Designation of Centers of Industrial and Technical Excellence and public-
private partnerships to increase utilization of such centers. 
Sec. 342. Unutilized and underutilized plant-capacity costs of United States arse-
nals. 
Sec. 343. Arsenal support program initiative. 
Sec. 344. Codification and improvement of armament retooling and manufacturing 
support programs. 
SUBTITLE E—PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES 
Sec. 351. Inclusion of additional information in reports to Congress required before 
conversion of commercial or industrial type functions to contractor per-
formance. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-5 
Sec. 352. Effects of outsourcing on overhead costs of Centers of Industrial and 
Technical Excellence and Army ammunition plants. 
Sec. 353. Consolidation, restructuring, or reengineering of Department of Defense 
organizations, functions, or activities. 
Sec. 354. Monitoring of savings resulting from workforce reductions as part of con-
version of functions to performance by private sector or other strategic 
sourcing initiatives. 
Sec. 355. Performance of emergency response functions at chemical weapons stor-
age installations. 
Sec. 356. Suspension of reorganization or relocation of Naval Audit Service. 
SUBTITLE F—DEFENSE DEPENDENTS EDUCATION 
Sec. 361. Eligibility of dependents of American Red Cross employees for enrollment 
in Department of Defense domestic dependent schools in Puerto Rico. 
Sec. 362. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 363. Impact aid for children with severe disabilities. 
Sec. 364. Assistance for maintenance, repair, and renovation of school facilities that 
serve dependents of members of the Armed Forces and Department of 
Defense civilian employees. 
SUBTITLE G—MILITARY READINESS ISSUES 
Sec. 371. Measuring cannibalization of parts, supplies, and equipment under readi-
ness reporting system. 
Sec. 372. Reporting requirements regarding transfers from high-priority readiness 
appropriations. 
Sec. 373. Effects of worldwide contingency operations on readiness of military air-
craft and equipment. 
Sec. 374. Identification of requirements to reduce backlog in maintenance and re-
pair of defense facilities. 
Sec. 375. New methodology for preparing budget requests to satisfy Army readiness 
requirements. 
Sec. 376. Review of AH-64 aircraft program. 
Sec. 377. Report on Air Force spare and repair parts program for C-5 aircraft. 
SUBTITLE H—OTHER MATTERS 
Sec. 381. Annual report on public sale of certain military equipment identified on 
United States Munitions List. 
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army. 
Sec. 383. Reimbursement oy civil air carriers for support provided at Johnston 
Atoll. 
Sec. 384. Travel by Reserves on military aircraft. 
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft. 
Sec. 386. Additions to plan for ensviring visibility over all in-transit end items and 
secondary items. 
Sec. 387. Reauthorization of pilot program for acceptance and use of landing fees 
charged for use of domestic military airfields by civil aircraft. 
Sec. 388. Extension of authority to sell certain aircraft for use in wildfire suppres-
sion. 
Sec. 389. Damage to aviation facilities caused by alkali silica reactivity. 
Sec. 390. Demonstration project to increase reserve component internet access and 
services in rural communities. 
Sec. 391. Additional conditions on implementation of Defense Joint Accounting Sys-
tem. 
Sec. 392. Defense Travel System. 
Sec. 393. Review of Department of Defense costs of maintaining historical prop-
erties. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
SUBTITLE A—ACTIVE FORCES 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Sec. 403. Adjustment to end strength flexibility authority. 
SUBTITLE B—RESERVE FORCES 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians. 
Sec. 415. Increase in numbers of members in certain grades authorized to be on ac-
tive duty in support of the Reserves. 
114 STAT. 1654A-6 
PUBLIC LAW 106-398—APPENDIX 
SUBTITLE C—OTHER MATTERS RELATING TO PERSONNEL STRENGTHS 
Sec. 421. Authority for Secretary of Defense to suspend certain personnel strength 
limitations during war or national emergency. 
Sec. 422. Exclusion from active component end strengths of certain reserve compo-
nent members on active duty in support of the combatant commands. 
Sec. 423. Exclusion of Army and Air Force medical and dental officers from limita-
tion on strengths of reserve commissioned officers in grades below briga-
dier general. 
Sec. 424. Authority for temporary increases in number of reserve component per-
sonnel serving on active duty or full-time national guard duty in certain 
grades. 
SUBTITLE D—^AUTHORIZATION OF APPROPRIATIONS 
Sec. 431. Authorization of appropriations for military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
SUBTITLE A—OFFICER PERSONNEL POLICY 
Sec. 501. Eligibility of Army and Air Force Reserve colonels and brigadier generals 
for position vacancy promotions. 
Sec. 502. Flexibility in establishing promotion zones for Coast Guard Reserve offi-
I 
cers. 
Sec. 503. Time for release of reports of officer promotion selection boards. 
Sec. 504. Clarification of requirements for composition of active-duty list selection 
boards when reserve officers are under consideration. 
Sec. 505. Authority to issue posthumous commissions in the case of members d)dng 
before official recommendation for appointment or promotion is ap-
proved by Secretary concerned. 
Sec. 506. Technical corrections relating to retired grade of reserve commissioned of-
ficers. 
Sec. 507. Grade of chiefs of reserve components and directors of National Guard 
components. 
Sec. 508. Revision to rules for entitlement to separation pay for regular and reserve 
officers. 
SUBTITLE B—RESERVE COMPONENT PERSONNEL POLICY 
Sec. 521. Exemption from active-duty list for reserve officers on active duty for a 
period of three years or less. 
Sec. 522. Termination of application requirement for consideration of officers for 
continuation on the reserve active-status list. 
Sec. 523. Authority to retain Air Force Reserve officers in all medical specialties 
until specified age. 
Sec. 524. Authority for provision of legal services to reserve component members 
following release from active duty. 
Sec. 525. Extension of involuntary civil service retirement date for certain reserve 
technicians. 
SUBTITLE C—EDUCATION AND TRAINING 
Sec. 531. Eligibility of children of Reserves for Presidential appointment to service 
academies. 
Sec. 532. Selection of foreign students to receive instruction at service academies. 
Sec. 533. Revision of college tuition assistance program for members of Marine 
Corps Platoon Leaders Class program. 
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps units 
among the services. 
Sec. 535. Authority for Naval Postgraduate School to enroll certain defense indus-
try civilians in specified programs relating to defense product develop-
ment. 
SUBTITLE D—DECORATIONS, AWARDS, AND COMMENDATIONS 
Sec. 541. Limitation on award of Bronze Star to members in receipt of imminent 
danger pay. 
Sec. 542. Consideration of proposals for posthumous or honorary promotions or ap-
pointments of members or former members of the Armed Forces and 
other qualified persons. 
Sec. 543. Waiver of time limitations for award of certain decorations to certain per-
sons. 
Sec. 544. Addition of certain information to markers on graves containing remains 
of certain unknowns from the U.S.S. Arizona who died in the Japanese 
attack on Pearl Harbor on December 7, 1941. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-7 
Sec. 545. Sense of Congress on the court-martial conviction of Captain Charles But-
ler McVay, Commander of the U.S.S. Indianapolis, and on the coura-
geous service of the crew of that vessel. 
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband E. 
Kimmel and Major General Walter C. Short, senior officers in command 
in Hawaii on December 7, 1941. 
Sec. 547. Commendation of citizens of Remy, France, for World War II actions. 
Sec. 548. Authority for award of the Medal of Honor to William H. Pitsenbarger for 
valor during the Vietnam War. 
' 
SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS 
Sec. 551. Recognition by States of military testamentary instruments. 
Sec. 552. Policy concerning rights of individuals whose names have been entered 
into Department of Defense official criminal investigative reports. 
Sec. 553. Limitation on Secretarial authority to grant clemency for military pris-
oners serving sentence of confinement for life without eligibility for pa-
role. 
Sec. 554. Authority for civilian special agents of military department criminal in-
vestigative organizations to execute warrants and make arrests. 
Sec. 555. Requirement for verbatim record in certain special court-martial cases. 
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of Military 
Justice. 
SUBTITLE F—MATTERS RELATING TO RECRUITING 
Sec. 561. Army recruiting pilot programs. 
Sec. 562. Enhancement of recruitment market research and advertising programs. 
Sec. 563. Access to secondary schools for military recruiting purposes. 
Sec. 564. Pilot program to enhance military recruiting by improving military 
awareness of school counselors and educators. 
SUBTITLE G—OTHER MATTERS 
Sec. 571. Extension to end of calendar year of expiration date for certain force 
drawdown transition authorities. 
Sec. 572. Voluntary separation incentive. 
Sec. 573. Congressional review period for assignment of women to duty on sub-
marines and for any proposed reconfiguration or design of submarines 
to accommodate female crew members. 
Sec. 574. Management and per diem requirements for members subject to lengthy 
or numerous deployments. 
Sec. 575. Pay in lieu of allowance for funeral honors duty. 
Sec. 576. Test of ability of reserve component intelligence units and personnel to 
meet current and emerging defense intelligence needs. 
Sec. 577. National Guard Challenge Program. 
Sec. 578. Study of use of civilian contractor pilots for operational support missions. 
Sec. 579. Reimbursement for expenses incurred by members in connection with 
cancellation of leave on short notice. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
SUBTITLE A—PAY AND ALLOWANCES 
Sec. 601. Increase in basic pay for fiscal year 2001. 
Sec. 602. Additional restructuring of basic pay rates for enlisted members. 
Sec. 603. Revised method for calculation oibasic allowance for subsistence. 
Sec. 604. Family subsistence supplemental allowance for low-income members of 
the Armed Forces. 
Sec. 605. Basic allowance for housing. 
Sec. 606. Additional amount available for fiscal year 2001 increase in basic allow-
ance for housing inside the United States. 
Sec. 607. Equitable treatment of junior enlisted members in computation of basic 
allowance for housing. 
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance for housing 
while on sea duty. 
Sec. 609. Personal money allowance for senior enlisted members of the Armed 
Forces. 
Sec. 610. Increased uniform allowances for officers. 
Sec. 611. Cabinet-level authority to prescribe requirements and allowance for cloth-
ing of enlisted members. 
Sec. 612. Increase 
in 
monthly 
subsistence 
allowance 
for 
members 
of 
precommissioning programs. 
SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS 
Sec. 621. Extension of certain bonuses and special pay authorities for reserve 
forces. 
114 STAT. 1654A-8 
PUBLIC LAW 106-398—APPENDIX 
Sec. 622. Extension of certain bonuses and special pay authorities for nurse officer 
candidates, registered nurses, and nurse anesthetists. 
Sec. 623. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 624. Revision of enlistment bonus authority. 
Sec. 625. Consistency of authorities for special pay for reserve medical and dental 
officers. 
Sec. 626. Elimination of required congressional notification before implementation 
of certain special pay authority. 
Sec. 627. Special pay for physician assistants of the Coast Guard. 
Sec. 628. Authorization of special pay and accession bonus for pharmacy officers. 
Sec. 629. Correction of references to Air Force veterinarians. 
Sec. 630. Career sea pay. 
Sec. 631. Increased maximum rate of special duty assignment pay. 
Sec. 632. Entitlement of members of the National Guard and other reserves not on 
active duty to receive special duty assignment pay. 
Sec. 633. Authorization of retention bonus for members of the Armed Forces quali-
fied in a critical military skill. 
Sec. 634. Entitlement of active duty officers of the Public Health Service Corps to 
special pays and bonuses of health professional officers of the Armed 
Forces. 
SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES 
Sec. 641. Advance payments for temporary lodging of members and dependents. 
Sec. 642. Additional transportation allowance regarding baggage and household ef-
fects. 
Sec. 643. Incentive for shipping and storing household goods in less than average 
weights. 
Sec. 644. Equitable dislocation allowances for junior enlisted members. 
Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre, and mili-
tary entrance processing personnel for certain parking expenses. 
Sec. 646. Expansion of funded student travel for dependents. 
SUBTITLE D—RETIREMENT AND SURVIVOR BENEFIT MATTERS 
Sec. 651. Exception to high-36 month retired pay computation for members retired 
following a disciplinary reduction in grade. 
Sec. 652. Increase m maximum number of Reserve retirement points that may be 
credited in any year. 
Sec. 653. Retirement from active reserve service after regular retirement. 
Sec. 654. Same treatment for Federal judges as for other Federal officials regarding 
payment of military retired pay. 
Sec. 655. Reserve component Survivor Benefit Plan spousal consent requirement. 
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan annmties for sur-
viving spouses age 62 or older. 
Sec. 657. Revision to special compensation authority to repeal exclusion of uni-
formed services retirees in receipt of disability retired pay. 
SUBTITLE E—OTHER MATTERS 
Sec. 661. Participation in Thrift Savings Plan. 
Sec. 662. Determinations of income eugibility for special supplemental food pro-
gram. 
Sec. 663. Billeting services for reserve members traveling for inactive-duty train-
ing. 
Sec. 664. Settlement of claims for payments for unused accrued leave and for re-
tired pay. 
Sec. 665. Additional benefits and protections for personnel incurring injury, illness, 
or disease in the performance of funeral honors duty. 
Sec. 666. Authority for extension of deadline for filing claims associated with cap-
ture and internment of certain persons by North Vietnam. 
Sec. 667. Back pay for members of the Navy and Marine Corps selected for pro-
motion while interned as prisoners of war during World War II. 
Sec. 668. Sense of Congress concerning fiinding for reserve components. 
TITLE VII—HEALTH CARE PROVISIONS 
SUBTITLE A—HEALTH CARE SERVICES 
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS beneficiaries 
and certain former CHAMPUS beneficiaries. 
Sec. 702. Chiropractic health care for members on active duty. 
Sec. 703. School-required physical examinations for certain minor dependents. 
Sec. 704. Two-year extension of dental and medical benefits for surviving depend-
ents of certain deceased members. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-9 
Sec. 705. Two-year extension of authority for use of contract physicians at miHtary 
entrance processing stations and elsewhere outside medical treatment 
facilities. 
Sec. 706. Medical and dental care for Medal of Honor recipients. 
SUBTITLE B—SENIOR HEALTH CARE 
Sec. 711. Implementation of TRICARE senior pharmacy program. 
Sec. 712. Conditions for eligibility for CHAMPUS and TRICARE upon the attain-
ment of age 65; expansion and modification of medicare subvention 
project. 
Sec. 713. Accrual funding for health care for medicare-eligible retirees and depend-
ents. 
SUBTITLE C—TRICARE PROGRAM 
Sec. 721. Improvement of access to health care under the TRICARE program. 
Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in the 
continental United States. 
Sec. 723. Modernization of TRICARE business practices and increase of use of mili-
tary treatment facilities. 
Sec. 724. Extension of TRICARE managed care support contracts. 
Sec. 725. Report on protections against health care providers seeking direct reim-
bursement from members of the uniformed services. 
Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental program. 
Sec. 727. Claims processing improvements. 
Sec. 728. Prior authorizations for certain referrals and nonavailability-of-health-
care statements. 
SUBTITLE D—DEMONSTRATION PROJECTS 
Sec. 731. Demonstration project for expanded access to mental health counselors. 
Sec. 732. Teleradiology demonstration project. 
Sec. 733. Health care management demonstration program. 
SUBTITLE E—JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS 
Sec. 741. VA-DOD sharing agreements for health services. 
Sec. 742. Processes for patient safety in military and veterans health care systems. 
Sec. 743. Cooperation in developing pharmaceutical identification technology. 
SUBTITLE F—OTHER MATTERS 
Sec. 751. Management of anthrax vaccine immunization program. 
Sec. 752. EUmination of copayments for immediate family. 
Sec. 753. Medical informatics. 
Sec. 754. Patient care reporting and management system. 
Sec. 755. Augmentation of Army Medical Department by detaiUng Reserve officers 
of the Public Health Service. 
Sec. 756. Privacy of Department of Defense medical records. 
Sec. 757. Authority to establish special locality-based reimbursement rates; reports. 
Sec. 758. Reimbursement for certain travel expenses. 
Sec. 759. Reduction of cap on payments. 
Sec. 760. Training in health care management and administration. 
Sec. 761. Studies on feasibility of sharing biomedical research facility. 
Sec. 762. Study on comparability of coverage for physical, speech, and occupational 
therapies. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
SUBTITLE A—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES, 
AND LIMITATIONS 
Sec. 801. Department of Defense acqmsition pilot programs. 
Sec. 802. Multiyear services contracts. 
Sec. 803. Clarification and extension of authority to carry out certain prototype 
f
)rojects. 
arification of authority of Comptroller General to review records of par-
ticipants in certain prototype projects. 
Sec. 805. Extension of time period of limitation on procurement of ball bearings and 
roller bearings. 
Sec. 806. Reporting requirements relating to multiyear contracts. 
Sec. 807. Eligibility of small business concerns owned and controlled by women for 
assistance under the mentor-protege program. 
Sec. 808. Qualifications required for employment and assignment in contracting po-
sitions. 
114 STAT. 1654A-10 
PUBLIC LAW 106-398—APPENDIX 
Sec. 809. Revision of authority for solutions-based contracting pilot program. 
Sec. 810. Procurement notice of contracting opportunities through electronic means. 
SUBTITLE B—INFORMATION TECHNOLOGY 
fc 
Sec. 811. Acquisition and management of information technology. 
Sec. 812. Tracking and management of information technology purchases. 
Sec. 813. Appropriate use of requirements regarding experience and education of 
contractor personnel in the procurement of information technology serv-
ices. 
Sec. 814. Navy-Marine Corps Intranet. 
Sec. 815. Sense of Congress regarding information technology systems for Guard 
and Reserve components. 
SUBTITLE C—OTHER ACQUISITION-RELATED MATTERS 
Sec. 821. Improvements in procurements of services. 
Sec. 822. Financial analysis of use of dual rates for quantifying overhead costs at 
Army ammunition plants. 
Sec. 823. Repeal of prohibition on use of Department of Defense funds for procure-
ment of nuclear-capable shipyard crane from a foreign source. 
Sec. 824. Extension of waiver period for live-fire survivability testing for MH-47E 
and MH-60K helicopter modification programs. 
Sec. 825. Compliance with existing law regarding purchases of equipment and 
products. 
Sec. 826. Requirement to disregard certain agreements in awarding contracts for 
the purchase of firearms or ammunition. 
SUBTITLE D—STUDIES AND REPORTS 
Sec. 831. Study on impact of foreign sourcing of systems on long-term military 
readiness and related industrial infrastructure. 
Sec. 832. Study of poUcies and procedures for transfer of commercial activities. 
Sec. 833. Study and report on practice of contract bundling in military construction 
contracts. 
Sec. 834. Requirement to conduct study on contract bundhng. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
SUBTITLE A—DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS 
Sec. 901. Overall supervision of Department of Defense activities for combating ter-
rorism. 
Sec. 902. Change of title of certain positions in the Headquarters, Marine Corps. 
Sec. 903. Clarification of scope of Inspector General authorities under military 
whistleblower law. 
Sec. 904. PoUcy to ensure conduct of science and technology programs so as to fos-
ter the transition of science and technology to higher levels of research, 
development, test, and evaluation. 
Sec. 905. Additional components of Chairman of the Joint Chiefs of Staff annual re-
port on combatant command requirements. 
SUBTITLE B—DEPARTMENT OF DEFENSE ORGANIZATIONS 
Sec. 911. Western Hemisphere Institute for Security Cooperation. 
Sec. 912. Department of Defense regional centers for security studies. 
Sec. 913. Change in name of Armed Forces Staff College to Joint Forces Staff Col-
lege. 
Sec. 914. Special authority for administration of Navy Fisher Houses. 
Sec. 915. Supervisory control of Armed Forces Retirement Home board by Sec-
retary of Defense. 
Sec. 916. Semiannual report on Joint Requirements Oversight Council reform ini-
tiative. 
Sec. 917. Comptroller General review of operations of Defense Logistics Agency. 
Sec. 918. Comptroller General review of operations of Defense Information Systems 
Agency. 
SUBTITLE C—INFORMATION SECURITY 
Sec. 921. Institute for Defense Computer Security and Information Protection. 
Sec. 922. Information security scholarship program. 
SUBTITLE D—REPORTS 
Sec. 931. Date of submittal of reports on shortfalls in equipment procxu-ement and 
military construction for the reserve components in future-years defense 
programs. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-11 
Sec. 932. Report on number of personnel assigned to legislative liaison functions. 
Sec. 933. Joint report on establishment of national collaborative information analy-
sis capability. 
Sec. 934. NetworK centric warfare. 
Sec. 935. Report on Air Force Institute of Technology. 
SUBTITLE E—OTHER MATTERS 
Sec. 941. Flexibility in implementation of limitation on major Department of De-
fense headquarters activities personnel. 
Sec. 942. Consolidation of certain Navy gift funds. 
Sec. 943. Temporary authority to dispose of a gift previously accepted for the Naval 
Academy. 
TITLE X—GENERAL PROVISIONS 
SUBTITLE A—FINANCIAL MATTERS 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003.Authorization of emergency supplemental appropriations for fiscal year 
2000. 
Sec. 1004. United States contribution to NATO common-funded budgets in fiscal year 
2001. 
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for fis-
cal year 2001. 
Sec. 1006. Requirement for prompt payment of contract vouchers. 
Sec. 1007. Plan for prompt recording of obligations of funds for contractual trans-
actions. 
Sec. 1008. Electronic submission and processing of claims for contract payments. 
Sec. 1009. Administrative offsets for overpayment of transportation costs. 
Sec. 1010. Interest penalties for late payment of interim payments due under Gov-
ernment service contracts. 
SUBTITLE B—NAVAL VESSELS AND SHIPYARDS 
Sec. 1011. Revisions to national defense features program. 
Sec. 1012. Sense of Congress on the naming of the CVN-77 aircraft carrier. 
Sec. 1013. Authority to transfer naval vessels to certain foreign countries. 
Sec. 1014. Authority to consent to retransfer of alternative former naval vessel by 
Government of Greece. 
SUBTITLE C—COUNTER-DRUG ACTIYITIES 
Sec. 1021. Extension of authority to provide support for counter-drug activities of Co-
lombia. 
Sec. 1022. Report on Department of Defense expenditures to support foreign counter-
drug activities. 
Sec. 1023. Recommendations on expansion of support for counter-drug activities. 
Sec. 1024. Review of riverine counter-drug program. 
Sec. 1025. Report on tethered aerostat radar system. 
Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-drug and 
counter-terrorism activities. 
SUBTITLE D—COUNTERTERRORISM AND DOMESTIC PREPAREDNESS 
Sec. 1031. Preparedness of military installation first responders for incidents involv-
ing weapons of mass destruction. 
Sec. 1032. Additional weapons of mass destruction civil support teams. 
Sec. 1033. Authority to provide loan guarantees to improve domestic preparedness to 
combat cyberterrorism. 
Sec. 1034. Report on the status of domestic preparedness against the threat of bio-
logical terrorism. 
Sec. 1035. Report on strategy, policies, and programs to combat domestic terrorism. 
SUBTITLE E—STRATEGIC FORCES 
Sec. 1041. Revised nuclear posture review. 
Sec. 1042. Plan for the long-term sustainment and modernization of United States 
strategic nuclear forces. 
Sec. 1043. Modification of scope of waiver authority for limitation on retirement or 
dismantlement of strategic nuclear delivery systems. 
Sec. 1044. Report on the defeat of hardened and deeply buried targets. 
Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear triad. 
SUBTITLE F—MISCELLANEOUS REPORTING REQUIREMENTS 
Sec. 1051. Management review of working-capital fixnd activities. 
114 STAT. 1654A-12 
PUBLIC LAW 106-398—APPENDIX 
Sec. 1052. Report on submarine rescue support vessels. 
Sec. 1053. Report on Federal Government progress in developing information assur-
ance strategies. 
Sec. 1054. Department of Defense process for decisionmaking in cases of false clmms. 
SUBTITLE G—GOVERNMENT INFORMATION SECURITY REFORM 
Sec. 1061. Coordination of Federal information policy. 
Sec. 1062. Responsibilities of certain agencies. 
Sec. 1063. Relationship of Defense Information Assurance Program to Government-
wide information security program. 
Sec. 1064. Technical and conforming amendments. 
Sec. 1065. Effective date. 
SUBTITLE H—SECURITY MATTERS 
Sec. 1071. Limitation on granting of security clearances. 
Sec. 1072. Process for prioritizing background investigations for security clearances 
for Department of Defense personnel and defense contractor personnel. 
Sec. 1073. Authority to withhold certain sensitive information from public disclosure. 
Sec. 1074. Expansion of authority to exempt geodetic products of the Department of 
Defense from public disclosure. 
Sec. 1075. Expenditures for declassification activities. 
Sec. 1076. Enhanced access to criminal history record information for national secu-
rity and other purposes. 
Sec. 1077. Two-year extension of authority to engage in commercial activities as secu-
rity for intelligence collection activities. 
Sec. 1078. Coordination of nuclear weapons secrecy policies and consideration of 
health of workers at former Department of Defense nuclear facilities. 
SUBTITLE I—OTHER MATTERS 
Sec. 1081. Funds for administrative expenses under Defense Export Loan Guarantee 
program. 
Sec. 1082. Transit pass program for Department of Defense personnel in poor air 
quality areas. 
Sec. 1083. Transfer of Vietnam era TA-4 aircraft to nonprofit foundation. 
Sec. 1084. Transfer of 19th century cannon to museum. 
Sec. 1085. Fees for providing historical information to the public. 
Sec. 1086. Grants to American Red Cross for Armed Forces emergency services. 
Sec. 1087.Technical and clerical amendments. 
Sec. 1088. Maximum size of parcel post packages transported overseas for Armed 
Forces post offices. 
Sec. 1089. Sense of Congress regarding tax treatment of members receiving special 
pay for duty subject to hostile fire or imminent danger. 
Sec. 1090. Organization and management of Civil Air Patrol. 
Sec. 1091. Additional duties for Commission to Assess United States National Secu-
rity Space Management and Organization. 
Sec. 1092. Commission on the Future of the United States Aerospace Industry. 
Sec. 1093. Drug addiction treatment. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
SUBTITLE A—CIVILIAN PERSONNEL MANAGEMENT GENERALLY 
Sec. 1101. Employment and compensation of employees for temporary organizations 
established by law or Executive order. 
Sec. 1102. Assistive technology accommodations program. 
Sec. 1103. Extension of authority for voluntary separations in reductions in force. 
Sec. 1104. Electronic maintenance of performance appraisal systems. 
Sec. 1105. Study on civilian personnel services. 
SUBTITLE B—DEMONSTRATION AND PILOT PROGRAMS 
Sec. 1111. Pilot program for reengineering the equal employment opportunity com-
plaint process. 
Sec. 1112. Work safety demonstration program. 
Sec. 1113. Extension, expansion, and revision of authority for experimental personnel 
program for scientific and technical personnel. 
Sec. 1114. Clarification of personnel management authority under personnel dem-
onstration project. 
SUBTITLE C—EDUCATIONAL ASSISTANCE 
Sec. 1121. Restructuring the restriction on degree training. 
Sec. 1122. Student loan repayment programs. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-13 
Sec. 1123. Extension of authority for tuition reimbursement and training for civilian 
employees in the defense acquisition workforce. 
SUBTITLE D—OTHER BENEFITS 
Sec. 1131.Additional special pay for foreign language proficiency beneficial for 
United States national security interests. 
Sec. 1132. Approval authority for cash awards in excess of $10,000. 
Sec. 1133. Leave for crews of certain vessels. 
Sec. 1134. Life insvu-ance for emergency essential Department of Defense employees. 
SUBTITLE E—INTELLIGENCE CIVILIAN PERSONNEL 
Sec. 1141. Expansion of defense civilian intelligence personnel system positions. 
Sec. 1142. Increase in number of positions authorized for the Defense Intelligence 
Senior Executive Service. 
SUBTITLE F—VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT 
AUTHORITY 
Sec. 1151. Extension, revision, and expansion of authorities for use of voluntary sepa-
ration incentive pay and voluntary early retirement. 
Sec. 1152. Department of Defense employee voluntary early retirement authority. 
Sec. 1153. Limitations. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
SUBTITLE A—MATTERS RELATED TO ARMS CONTROL 
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1202. Support of consultations on Arab and Israeli arms control and regional se-
ciuity issues. 
Sec. 1203. Furnishing of nuclear test monitoring equipment to foreign governments. 
Sec. 1204. Additional matters for annual report on transfers of militarily sensitive 
technology to countries and entities of concern. 
SUBTITLE B—MATTERS RELATING TO THE BALKANS 
Sec. 1211. Annual report assessing effect of continued operations in the Balkans re-
gion on readiness to execute the national military strategy. 
Sec. 1212. Situation in the Balkans. 
Sec. 1213. Semiannual report on Kosovo peacekeeping. 
SUBTITLE C—NORTH ATLANTIC TREATY ORGANIZATION AND UNITED STATES FORCES 
IN EUROPE 
Sec. 1221. NATO fair bvu-densharing. 
Sec. 1222. Repeal of restriction preventing cooperative airlift support through acqui-
sition and cross-servicing agreements. 
Sec. 1223. GAO study on the benefits and costs of United States military engagement 
in Europe. 
SUBTITLE D—OTHER MATTERS 
Sec. 1231. Joint data exchange center with Russian Federation on early warning sys-
tems 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 perform-
ance computers. 
Sec. 1235. Increased authority to provide health care services as humanitarian and 
civic assistance. 
Sec. 1236. Sense of Congress regarding the use of children as soldiers. 
Sec. 1237. Sense of Congress regarding undersea rescue and recovery. 
Sec. 1238. United States-China Security Review Commission. 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of cooperative threat reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons. 
Sec. 1304. Limitations on use of funds for fissile material storage facility. 
Sec. 1305. Limitation on use of funds to support warhead dismantlement processing. 
114 STAT. 1654A-14 
PUBLIC LAW 106-398—APPENDIX 
Sec. 1306. Agreement on nuclear weapons storage sites. 
Sec. 1307. Limitation on use of funds for construction of fossil fuel energy plants; re-
port. 
Sec. 1308. Reports on activities and assistance under cooperative threat reduction 
programs. 
Sec. 1309. Russian chemical weapons elimination. 
Sec. 1310. Limitation on use of funds for elimination of weapons grade plutonium 
program. 
Sec. 1311. Report on audits of Cooperative Threat Reduction programs. 
TITLE XIV—COMMISSION TO ASSESS THE THREAT TO THE UNITED 
STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK 
Sec. 1401. Establishment of commission. 
Sec. 1402. Duties of commission. 
Sec. 1403. Reports. 
Sec. 1404. Powers. 
Sec. 1405. Commission procedures. 
Sec. 1406. Personnel matters. 
Sec. 1407. Miscellaneous administrative provisions. 
Sec. 1408. Funding. 
Sec. 1409. Termination of the commission. 
TITLE XV—NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO 
Sec. 1501. Assistance for economic growth on Vieques. 
Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques Island. 
Sec. 1503. Determination regarding continuation of Navy training. 
Sec. 1504. Actions if training is approved. 
Sec. 1505. Requirements if training is not approved or mandate for referendum is vi-
tiated. 
Sec. 1506. Certain properties exempt from conveyance or transfer. 
Sec. 1507. Moratorium on improvements at Fort Buchanan. 
Sec. 1508. Transfer and management of Conservation Zones. 
TITLE XVI—GI BILL EDUCATIONAL ASSISTANCE AND VETERANS CLAIMS 
ASSISTANCE 
SUBTITLE A—VETERANS EDUCATION BENEFITS 
Sec. 1601. Additional opportunity for certain VEAP participants to enroll in basic 
educational assistance under Montgomery GI Bill. 
Sec. 1602. Modification of authority to pay tuition for off-duty training and education. 
SUBTITLE B—^VETERANS CLAIMS ASSISTANCE 
Sec. 1611. Clarification of Department of Veterans Affairs duty to assist. 
TITLE XVII—ASSISTANCE TO FIREFIGHTERS 
Sec. 1701. Firefighter assistance. 
Sec. 1702. Volunteer fire assistance program. 
Sec. 1703. Bum research. 
Sec. 1704. Study and demonstration projects regarding cases of hepatitis C among 
certain emergency response employees. 
Sec. 1705. Report on progress on spectrum snaring. 
Sec. 1706. Sale or donation of excess defense property to assist firefighting agencies. 
Sec. 1707. Identification of defense technologies suitable for use, or conversion for 
use, in providing fire and emergency medical services. 
TITLE XVIII—IMPACT AID 
Sec. 1801. Short title. 
Sec. 1802. Purpose. 
Sec. 1803. Payments relating to Federal acquisition of real property. 
Sec. 1804. Payments for eligible federally connected children. 
Sec. 1805. Maximum amount of basic support payments. 
Sec. 1806. Basic support payments for heavily impacted local educational agencies. 
Sec. 1807. Basic support payments for local educational agencies affected by removal 
of Federal property. 
Sec. 1808. Additional payments for local educational agencies with high concentra-
tions of children with severe disabilities. 
Sec. 1809. Application for payments under sections 8002 and 8003. 
Sec. 1810. Payments for sudden and substantial increases in attendance of military 
dependents. 
Sec. 1811. Construction. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-15 
Sec. 1812. State consideration of payments in providing State aid. 
Sec. 1813. Federal administration. 
Sec. 1814. Administrative hearings and judicial review. 
Sec. 1815. Forgiveness of overpayments. 
Sec. 1816. Definitions. 
Sec. 1817. Authorization of appropriations. 
Sec. 1818. Effective date. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105.Modification of authority to carry out certain fiscal year 2000 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 1999 projects. 
Sec. 2107.Modification of authority to carry out fiscal year 1998 project. 
Sec. 2108. Authority to accept funds for realignment of certain military construction 
project, Fort Campbell, Kentucky. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations. Navy. 
Sec. 2205.Modification of authority to carry out fiscal year 1997 project at Marine 
Corps Combat Development Command, Quantico, Virginia. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
TITLE XXrV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 1990 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. 
Sec. 2602. Authority to contribute to construction of airport tower, Cheyenne Airport, 
Cheyenne, Wyoming. 
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects. 
Sec. 2704. Effective date. 
TITLE XXVIII—GENERAL PROVISIONS 
SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING 
CHANGES 
Sec. 2801. Joint use military construction projects. 
Sec. 2802. Exclusion of certain costs from determination of applicability of limitation 
on use of funds for improvement of family housing. 
Sec. 2803. Revision of space limitations for military family housing. 
114 STAT. 1654A-16 
PUBLIC LAW 106-398—APPENDIX 
Sec. 2804. Modification of lease authority for high-cost military family housing. 
Sec. 2805. Provision of utilities and services under alternative authority for acquisi-
tion and improvement of military housing. 
Sec. 2806. Extension of alternative authority for acquisition and improvement of mili-
tary housing. 
Sec. 2807. Expansion of definition of armory to include readiness centers. 
SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION 
Sec. 2811. Increase in threshold for notice and wait requirements for real property 
transactions. 
Sec. 2812. Enhancement of authority of military departments to lease non-excess 
property. 
Sec. 2813. Conveyance authority regarding utility systems of military departments. 
Sec. 2814. Permanent conveyance authority to improve property management. 
SUBTITLE C—DEFENSE BASE CLOSURE AND REALIGNMENT 
Sec. 2821. Scope of agreements to transfer property to redevelopment authorities 
without consideration under the base closure laws. 
SUBTITLE D—LAND CONVEYANCES 
PART I—^ARMY CONVEYANCES 
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois. 
Sec. 2832. Land conveyance. Army Reserve Center, Galesburg, Illinois. 
Sec. 2833. Land conveyance, Charles Melvin Price Support Center, Illinois. 
Sec. 2834. Land conveyance. Fort Riley, Kansas. 
Sec. 2835. Land conveyance, Fort Polk, Louisiana. 
Sec. 2836. Land conveyance. Army Reserve Center, Winona, Minnesota. 
Sec. 2837. Land conveyance. Fort Dix, New Jersey. 
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania. 
Sec. 2839. Land exchange, Army Reserve Local Training Center, Chattanooga, Ten-
nessee. 
Sec. 2840. Land exchange, Fort Hood, Texas. 
Sec. 2841. Land conveyance. Fort Pickett, Virginia. 
Sec. 2842. Land conveyance. Fort Lawton, Washington. 
Sec. 2843. Land conveyance, Vancouver Barracks, Washington. 
PART II—NAVY CONVEYANCES 
Sec. 2846. Modification of land conveyance, Marine Corps Air Station, El Toro, Cali-
fornia. 
Sec. 2847. Modification of authority for Oxnard Harbor District, Port Hueneme, Cali-
fornia, to use certain Navy property. 
Sec. 2848. Transfer of jurisdiction, Marine Corps Air Station, Miramar, California. 
Sec. 2849. Land exchange. Marine Corps Recruit Depot, San Diego, California. 
Sec. 2850. Lease of property. Naval Air Station, Pensacola, Florida. 
Sec. 2851. Land conveyance. Naval Reserve Center, Tampa, Florida. 
Sec. 2852. Modification of land conveyance. Defense Fuel Supply Point, Casco Bay, 
Maine. 
Sec. 2853. Land conveyance. Naval Computer and Telecommunications Station, Cut-
ler, Maine. 
Sec. 2854. Modification of land conveyance authority, former Naval Training Center, 
Bainbridge, Cecil County, Maryland. 
Sec. 2855. Land conveyance, Marine Corps Base, Camp Lejeune, North CaroUna. 
Sec. 2856. Land exchange. Naval Air Reserve Center, Columbus, Ohio. 
Sec. 2857. Land conveyance. Naval Station, Bremerton, Washington. 
PART III—AIR FORCE CONVEYANCES 
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California. 
Sec. 2862. Land conveyance. Point Arena Air Force Station, California. 
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado. 
Sec. 2864. Land conveyance, Wrignt-Patterson Air Force Base, Ohio. 
Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington. 
PART IV—OTHER CONVEYANCES 
Sec. 2871. Land conveyance, Army and Air Force Exchange Service property. Farm-
ers Branch, Texas. 
Sec. 2872. Land conveyance, former National Ground Intelligence Center, Charlottes-
ville, Virginia. 
SUBTITLE E—OTHER MATTERS 
Sec. 2881. Relation of easement authority to leased parkland, Marine Corps Base, 
Camp Pendleton, California. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-17 
Sec. 2882. Extension of demonstration project for purchase of fire, security, police, 
public works, and utility services from local government agencies. 
Sec. 2883. Acceptance and use of gifts for construction of third building at United 
States Air Force Museum, Wright-Patterson Air Force Base, Ohio. 
Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps Base, 
Quantico, Virginia. 
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station, Nevada. 
Sec. 2886. Establishment of World War II memorial on Guam. 
Sec. 2887.Naming of Army missile testing range at Kwajalein Atoll as the Ronald 
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll. 
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor of Andrew T. 
McNamara. 
Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California, in honor of 
Bob Wilson, a former Member of the House of Representatives. 
Sec. 2890. Sense of Congress regarding importance of expansion of National Training 
Center, Fort Irwin, California. 
Sec. 2891. Sense of Congress regarding land transfers at Melrose Range, New Mex-
ico, and Yakima Training Center, Washington. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SE-
CURITY AUTHORIZATIONS AND OTHER AUTHORIZA-
TIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 
SUBTITLE A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
Sec. 310 l.Nationad Nuclear Security Administration. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense environmental management privatization. 
Sec. 3105. Defense nuclear waste disposal. 
SUBTITLE B—RECURRING GENERAL PROVISIONS 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
SUBTITLE C—PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS 
Sec. 3131. Funding for termination costs of River Protection Project, Richland, Wash-
ington. 
Sec. 3132. Enhanced cooperation between National Nuclear Security Administration 
and Ballistic Missile Defense Organization. 
Sec. 3133. Reprogramming of funds available for infrastinicture upgrades or mainte-
nance in certain accounts of the National Nuclear Security Administra-
tion. 
Sec. 3134. Adjustment of composite theoretical performance levels for post-shipment 
verification reports on advanced supercomputer sales to certain foreign 
nations. 
Sec. 3135. Modification of counterintelligence polygraph program. 
Sec. 3136. Employee incentives for employees at closure project facilities. 
Sec. 3137. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3138. Limitation on use of certain funds pending certification of compliance with 
Formerly Utilized Sites Remedial Action Program funding prohibition. 
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at Idaho Na-
tional Engineering and Environmental Laboratory, Idaho Falls, Idaho. 
Sec. 3140. Report on National Ignition Facility, Lawrence Livermore National Lab-
oratory, Livermore, California. 
Sec. 3141. River Protection Project, Richland, Washington. 
Sec. 3142. Report on tank waste remediation system, Hanford Reservation, Richland, 
Washington. 
114 STAT. 1654A-18 
PUBLIC LAW 106-398—APPENDIX 
SUBTITLE D—^MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
Sec. 3151. Term of office of person first appointed as Under Secretary for Nuclear Se-
curity of the Department of Energy. 
Sec. 3152. Membership of Under Secretary for Nuclear Security on the Joint Nuclear 
Weapons Council. 
Sec. 3153. Organization plan for field offices of the National Nuclear Security Admin-
istration. 
Sec. 3154. Required contents of future-years nuclear security program. 
Sec. 3155. Future-years nuclear security program for fiscal year 2001. 
Sec. 3156. Engineering and manufacturing research, development, and demonstra-
tion by plant managers of certain nuclear weapons production plants. 
Sec. 3157. Prohibition on individuals engaging in concurrent service or duties within 
National Nuclear Security Administration and outside that Administra-
tion but within Department of Energy. 
Sec. 3158. Annual plan for obligation of funds of the National Nuclear Security Ad-
ministration. 
Sec. 3159. Authority to reorganize National Nuclear Security Administration. 
SUBTITLE E—NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT 
Sec. 3161. Technology Infrastructure Pilot Program. 
Sec. 3162. Report on small business participation in National Nuclear Security Ad-
ministration activities. 
Sec. 3163. Study and report related to improving mission effectiveness, partnerships, 
and technology transfer at national security laboratories and nuclear 
weapons production facilities. 
Sec. 3164. Report on effectiveness of National Nuclear Security Administration tech-
nology development partnerships with non-Federal entities. 
Sec. 3165. Definitions. 
SUBTITLE F—MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION 
Sec.3171.Annual report on status of nuclear materials protection, control, and ac-
counting program. 
Sec. 3172. Nuclear Cities Initiative. 
Sec. 3173. Department of Energy nonproliferation monitoring. 
Sec. 3174. Sense of Congress on the need for coordination of nonproliferation pro-
grams. 
Sec. 3175. Limitation on use of funds for International Nuclear Safety Program. 
SUBTITLE G—OTHER MATTERS 
Sec. 3191. Extension of authority for appointment of certain scientific, engineering, 
and technical personnel. 
Sec. 3192. Biennial report containing update on nuclear test readiness postures. 
Sec. 3193. Frequency of reports on inadvertent releases of Restricted Data and For-
merly Restricted Data. 
Sec. 3194. Form of certifications regarding the safety or reliability of the nuclear 
weapons stockpile. 
Sec. 3195. Authority to provide certificate of commendation to Department of Energy 
and contractor employees for exemplary service in stockpile stewardship 
and security. 
Sec. 3196. Cooperative research and development agreements for government-owned, 
contractor-operated laboratories. 
Sec. 3197. Office of Arctic Energy. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 
Sec. 3301. Authorized uses of stockpile funds. 
Sec. 3302. Increased receipts under prior disposal authority. 
Sec. 3303. Disposal of titanium. 
TITLE 
XXXIV—NAVAL 
PETROLEUM 
RESERVES 
Sec. 3401. Minimum price of petroleum sold from certain naval petroleum reserves. 
Sec. 3402. Repeal of authority to contract for cooperative or unit plans affecting 
Naval Petroleum Reserve Numbered 1. 
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2001. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-19 
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels. 
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel, Glacier. 
Sec. 3504. Maritime intermodal research. 
Sec. 3505.Maritime research and technology development. 
Sec. 3506. Reporting of administered and oversight funds. 
TITLE XXXVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
COMPENSATION PROGRAM 
Sec. 3601. Short title. 
Sec. 3602. Findings; sense of Congress. 
SUBTITLE A—ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION 
FUND 
Sec. 3611. Establishment of Energy Employees Occupational Illness Compensation 
Program. 
Sec. 3612. Establishment of Energy Employees Occupational Illness Compensation 
Fund. 
Sec. 3613. Legislative proposal. 
Sec. 3614. Authorization of appropriations. 
SUBTITLE B—PROGRAM ADMINISTRATION 
Sec. 3621. Definitions for program administration. 
Sec. 3622. Expansion of list of beryllium vendors. 
Sec. 3623. Exposure in the performance of duty. 
Sec. 3624. Advisory Board on Radiation and Worker Health. 
Sec. 3625. Responsibilities of Secretary of Health and Human Services. 
Sec. 3626. Designation of additional members of Special Exposure Cohort. 
Sec. 3627. Separate treatment of chronic silicosis. 
Sec. 3628. Compensation and benefits to be provided. 
Sec. 3629. Medical benefits. 
Sec. 3630. Separate treatment of certain uranium employees. 
Sec. 3631. Assistance for claimants and potential claimants. 
SUBTITLE C—TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND 
BENEFITS 
Sec. 3641. Offset for certain payments. 
Sec. 3642. Subrogation of the United States. 
Sec. 3643. Payment in full settlement of claims. 
Sec. 3644. Exclusivity of remedy against the United States and against contractors 
and subcontractors. 
Sec. 3645. Election of remedy for beryllium employees and atomic weapons employ-
ees. 
Sec. 3646. Certification of treatment of payments under other laws. 
Sec. 3647. Claims not assignable or transferable; choice of remedies. 
Sec. 3648. Attorney fees. 
Sec. 3649. Certain claims not affected by awards of damages. 
Sec. 3650. Forfeiture of benefits by convicted felons. 
Sec. 3651. Coordination with other Federal radiation compensation laws. 
SUBTITLE D—^ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS 
Sec. 3661. Agreements with States. 
SEC. 3, CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 
For purposes of this Act, the term "congressional defense 
committees" means— 
(1) the Committee on Armed Services and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives. 
TITLE I~PROCUREMENT 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
114 STAT. 1654A-20 
PUBLIC LAW 106-398—APPENDIX 
Sec. 104. Defense-wide activities. 
Sec. 105. Defense Inspector General. 
Sec. 106. Defense Health Program. 
SUBTITLE B—ARMY PROGRAMS 
Sec. 111. Multiyear procurement authority. 
Sec. 112. Increase in limitation on number of bunker defeat munitions that may be 
acquired. 
Sec. 113. Reports and limitations relating to Army transformation. 
SUBTITLE C—NAVY PROGRAMS 
Sec. 121. CVNX-1 nuclear aircraft carrier program. 
Sec. 122. Arleigh Burke class destroyer program. 
Sec. 123. Vir^nia class submarine program. 
Sec. 124. Limitation during fiscal year 2001 on changes in submarine force struc-
ture. 
Sec. 125. ADC(X) ship program. 
Sec. 126. Refueling and complex overhaul program of the U.S.S. Dwight D. Eisen-
hower. 
Sec. 127. Analysis of certain shipbuilding programs. 
Sec. 128. Helicopter support of FFG-7 frigates during fiscal year 2001. 
Sec. 129. V-22 cockpit aircraft voice and flight data recorders. 
SUBTITLE D—AIR FORCE PROGRAMS 
Sec. 131. Annual report on B-2 bomber. 
Sec. 132. Report on modernization of Air National Guard F-16A units. 
SUBTITLE E—JOINT PROGRAMS 
Sec. 141. Study of final assembly and checkout alternatives for the Joint Strike 
Fighter program. 
SUBTITLE F—CHEMICAL DEMILITARIZATION 
Sec. 151. Pueblo Chemical Depot chemical agent and munitions destruction tech-
nologies. 
Sec. 152. Report on assessment of need for Federal economic assistance for commu-
nities impacted by chemical demilitarization activities. 
Sec. 153. Prohibition against disposal of non-stockpile chemical warfare material at 
Anniston chemical stockpile disposal facility. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for procurement for the Army as follows: 
(1) For aircraft, $1,550,012,000. 
(2) For missiles, $1,320,681,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$2,436,324,000. 
(4) For ammunition, $1,179,916,000. 
(5) For other procurement, $4,235,719,000. 
(6) For chemical agents 
and munitions 
destruction, 
$980,100,000, for— 
(A) the destruction of lethal chemical agents and muni-
tions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521); and 
(B) the destruction of chemical warfare materiel of 
the United States that is not covered by section 1412 
of such Act. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2001 for procurement for the Navy as follows: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-21 
(1) For aircraft, $8,394,338,000. 
(2) For 
weapons, 
including 
missiles 
Eind torpedoes, 
$1,443,600,000. 
(3) For shipbuilding and conversion, $12,826,919,000. 
(4) For other procurement, $3,380,680,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2001 for procurement for the Marine Corps 
in the amount of $1,212,768,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 
authorized to be appropriated for fiscal year 2001 for procurement 
of ammunition for the Navy and the Marine Corps in the amount 
of $487,749,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for procurement for the Air Force as follows: 
(1) For aircraft, $9,923,868,000. 
(2) For missiles, $2,863,778,000. 
(3) For ammunition, $646,808,000. 
(4) For other procurement, $7,711,647,000. 
SEC. 104. DEFENSE-WroE ACTIYITIES. 
(a) AMOUNT AUTHORIZED.—Funds are hereby authorized to be 
appropriated for fiscal year 2001 for Defense-wide procurement 
in the amount of $2,278,408,000. 
(b) AMOUNT FOR NATIONAL MISSILE DEFENSE.—Of the funds 
authorized to be appropriated in subsection (a), $74,530,000 shall 
be available for the National Missile Defense program. 
SEC. 105. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for procurement for the Inspector General of the Department 
of Defense in the amount of $3,300,000. 
SEC. 106. DEFENSE HEALTH PROGRAMS. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for the Department of Defense for procurement for carrying 
out health care programs, projects, and activities of the Department 
of Defense in the total amount of $290,006,000. 
Subtitle B—^Army Programs 
SEC. 111. MtTLTIYEAR PROCUREMENT AUTHORITY. 
(a) M2A3 BRADLEY FIGHTING VEHICLE.—(1) Beginning with 
the fiscal year 2001 program year, the Secretary of the Army 
may, in accordance with section 2306b of title 10, United States 
Code, enter into one or more multiyear contracts for procurement 
of M2A3 Bradley fighting vehicles. 
(2) The Secretary of the Army may execute a contract author-
ized by paragraph (1) only after— 
(A) there is a successful completion of a M2A3 Bradley 
initial operational test and evaluation (lOT&E); and 
(B) the Secretary certifies in writing to the congressional 
defense committees that the vehicle met all required test 
parameters. 
(b) UTILITY HELICOPTERS.—Beginning with the fiscal year 2002 
program year, the Secretary of the Army may, in accordance with 
114 STAT. 1654A-22 
PUBLIC LAW 106-398—APPENDIX 
section 2306b of title 10, United States Code, enter into one or 
more multiyear contracts for procurement of UH-60 Blackhawk 
utility helicopters and, acting as executive agent for the Department 
of the Navy, CH-60 Knighthawk utility helicopters. 
SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT 
MUNITIONS THAT MAY BE ACQUIRED. 
Section 116(2) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is amended 
by striking "6,000" and inserting "8,500". 
SEC. 113. REPORTS AND LIMITATIONS RELATING TO ARMY TRANS-
FORMATION. 
(a) SECRETARY OF THE ARMY REPORT ON OBJECTIVE FORCE 
DEVELOPMENT PROCESS.—The Secretary of the Army shall submit 
to the congressional defense committees a report on the process 
for developing the objective force in the transformation of the Army. 
The report shall include the following: 
(1) The operational environments envisioned for the objec-
tive force. 
(2) The threat assumptions on which research and develop-
ment efforts for transformation of the Army into the objective 
force are based. 
(3) The potential operational and organizational concepts 
for the objective force. 
(4) The operational requirements anticipated for the oper-
ational requirements document of the objective force. 
(5) The anticipated schedule of Army transformation activi-
ties through fiscal year 2012, together with— 
(A) the projected funding requirements through that 
fiscal year for research and development activities and 
procurement activities related to transition to the objective 
force; and 
(B) a summary of the anticipated investments of the 
Defense Advanced Research Projects Agency in programs 
designed to lead to the fielding of future combat systems 
for the objective force. 
(6) A proposed plan for the comparison referred to in sub-
section (c). 
If any of the information required by paragraphs (1) through (5) 
is not available at the time the report is submitted, the Secretary 
shall include in the report the anticipated schedule for the availabil-
ity of that information. 
(b) 
SECRETARY OF DEFENSE REPORT ON OBJECTIVE FORCE 
DEVELOPMENT PROCESS.—^Not later than March 1, 2001, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the process for developing the objective force 
in the transformation of the Army. The report shall include the 
following: 
(1) The joint warfighting requirements that will be sup-
ported by the fielding of the objective force, together with 
a description of the adjustments that are planned to be made 
in the war plans of the commanders of the unified combatant 
commands in relation to the fielding of the objective force. 
(2) The changes in lift requirements that may result from 
the establishment and fielding of the combat brigades of the 
objective force. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-23 
(3) The evaluation process that will be used to support 
decisionmaking on the course of the Army transformation, 
including a description of the operational evaluations and 
experimentation that will be used to validate the operational 
requirements for the operational requirements document of the 
objective force. 
If any of the information required by paragraphs (1) through (3) 
is not available at the time the report is submitted, the Secretary 
shall include in the report the anticipated schedule for the availabil-
ity of that information. 
(c) COSTS AND EFFECTIVENESS OF MEDIUM ARMORED COMBAT 
VEHICLES FOR THE INTERIM BRIGADE COMBAT TEAMS.—(1) The Sec-
retary of the Army shall develop a plan for comparing— 
(A) the costs and operational effectiveness of the infantry 
carrier variant of the interim armored vehicles selected for 
the infantry battalions of the interim brigade combat teams; 
and 
(B) the costs and operational effectiveness of the troop-
carrying medium armored vehicles currently in the Army inven-
tory for the use of infantry battalions. 
(2) The Secretary of the Army may not carry out the comparison 
described in paragraph (1) until the Director of Operational Test 
and Evaluation of the Department of Defense approves the plan 
for that comparison developed under that paragraph. 
(d) LIMITATION PENDING RECEIPT OF SECRETARY OF THE ARMY 
REPORT.—Not more than 80 percent of the amount appropriated 
for fiscal year 2001 for the procurement of armored vehicles in 
the family of new medium armored vehicles may be obligated until— 
(1) the Secretary of the Army submits to the congressional 
defense committees the report required under subsection (a); 
and 
(2) a period of 30 days has elapsed from the date of the 
submittal of such report. 
(e) LIMITATION PENDING COMPARISON AND CERTIFICATION.— 
No funds appropriated or otherwise made available to the Depart-
ment of the Army for any fiscal year may be obligated for acquisition 
of medium armored combat vehicles to equip a third interim brigade 
combat team until— 
(1) the plan for a comparison of costs and operational 
effectiveness developed under subsection (c)(1), as approved 
under subsection (c)(2), is carried out; 
(2) the Secretary of Defense submits to the congressional 
defense committees, after the completion of the comparison 
referred to in paragraph (1), a certification that— 
(A) the Secretary approves of the obligation of funds 
for that purpose; and 
(B) the force structure resulting from the acquisition 
and subsequent operational capability of interim brigade 
combat teams will not diminish the combat power of the 
Army; and 
(3) a period of 30 days has elapsed from the date of the 
certification under paragraph (2). 
(f) DEFINITIONS.—In this section: 
(1) The term "transformation", with respect to the Army, 
means the actions being undertaken to transform the Army, 
as it is constituted in terms of organization, equipment, and 
doctrine in 2000, into the objective force. 
7&-194O-00-3:QL3Part3 
114 STAT. 1654A-24 
PUBLIC LAW 106-398—APPENDIX 
(2) The term "objective force" means the Army that has 
the organizational structure, the most advanced equipment that 
early twenty-first century science and technology can provide, 
and the appropriate doctrine to ensure that the Army is respon-
sive, deployable, agile, versatile, lethal, survivable, and sustain-
able for the full spectrum of the operations anticipated to 
be required of the Army during the early years of the twenty-
first century following 2010. 
(3) The term "interim brigade combat team" means an 
Army brigade that is designated by the Secretary of the Army 
as a brigade combat team and is reorganized and equipped 
with currently available equipment in a configuration that effec-
tuates an evolutionary advancement toward transformation of 
the Army to the objective force. 
Subtitle C—Navy Programs 
SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM. 
(a) AUTHORIZATION OF SHIP.—The Secretary of the Navy is 
authorized to procure the aircraft carrier to be designated CVNX-
1. 
(b) ADVANCE PROCUREMENT AND CONSTRUCTION.—The Sec-
retary may enter into one or more contracts for the advance procure-
ment and advance construction of components for the ship author-
ized under subsection (a). 
(c) AMOUNT AUTHORIZED FROM S C N ACCOUNT.—Of the amounts 
authorized to be appropriated under section 102(a)(3) for fiscal 
year 2001, $21,869,000 is available for the advance procurement 
and advance construction of components (including nuclear compo-
nents) for the CVNX-1 aircraft carrier program. 
SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM. 
(a) 
ECONOMICAL MULTIYEAR PROCUREMENT OF PREVIOUSLY 
AUTHORIZED VESSELS AND ONE ADDITIONAL VESSEL.—(1) Subsection 
(b) of section 122 of the National Defense Authorization Act for 
Fiscal Year 1997 (Pubhc Law 104-201; 110 Stat. 2446), as amended 
by section 122(a) of Public Law 106-65 (113 Stat. 534), is further 
amended by striking "a total of 18 Arleigh Burke class destroyers" 
in the first sentence and all that follows through the period at 
the end of that sentence and inserting "Arleigh Burke class destroy-
ers in accordance with this subsection and subsection (a)(4) at 
procurement rates not in excess of three ships in each of the 
fiscal years beginning after September 30, 1998, and before October 
1, 2005. The authority under the preceding sentence is subject 
to the availability of appropriations for such destroyers.". 
(2) The heading for such subsection is amended by striking 
"18". 
(b) ECONOMICAL RATE OF PROCUREMENT.—It is the sense of 
Congress that, for the procurement of the Arleigh Burke class 
destroyers to be procured after fiscal year 2001 under multiyear 
contracts authorized under section 122(b) of Public Law 104-201, 
as amended by subsection (a)— 
(1) the Secretary of the Navy should— 
(A) achieve the most economical rate of procurement; 
and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-25 
(B) enter into such contracts for advance procurement 
as may be necessary to achieve that rate of procurement; 
(2) the most economical rate of procurement would be 
achieved by procuring three of those vessels in each of fiscal 
years 2002 and 2003 and procuring another vessel in fiscal 
year 2004; and 
(3) the Secretary has the authority under section 122(b) 
of Public Law 104-201 (110 Stat. 2446) and subsections (b) 
and (c) of section 122 of Public Law 106-65 (113 Stat. 534) 
to provide for procurement at the most economical rate, as 
described in paragraph (2). 
(c) UPDATE OF 1993 
REPORT ON D D G - 5 1 CLASS SHIPS.—(1) 
The Secretary of the Navy shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives, 
not later than November 1, 2000, a report that updates the informa-
tion provided in the report of the Secretary of the Navy entitled 
the "Arleigh Burke (DDG-51) Class Industrial Base Study of 1993". 
The Secretary shall transmit a copy of the updated report to the 
Comptroller General not later than the date on which the Secretary 
submits the report to the committees. 
(2) The Comptroller General shall review the updated report 
submitted under paragraph (1) and, not later than December 1, 
2000, submit to the Committees on Armed Services of the Senate 
and House of Representatives the Comptroller General's comments 
on the updated report. 
SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM. 
(a) 
AMOUNTS AUTHORIZED 
FROM 
S C N ACCOUNT.—Of 
the 
amounts authorized to be appropriated by section 102(a)(3) for 
fiscal year 2001, $1,706,234,000 is available for the Virginia class 
submarine program. 
(b) CONTRACT AUTHORITY.—(1) The Secretary of the Navy is 
authorized to enter into a contract for the procurement of up to 
five Virginia class submarines, including the procurement of mate-
rial in economic order quantities when cost savings are achievable, 
during fiscal years 2003 through 2006. The submarines authorized 
under the preceding sentence are in addition to the submarines 
authorized under section 121(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (PubHc Law 105-85; 111 Stat. 1648). 
(2) A contract entered into under paragraph (1) shall provide 
that any obligation of the United States to make a payment under 
the contract is subject to the availability of appropriations for 
that purpose. 
(c) SHIPBUILDER TEAMING.—Paragraphs (2)(A), (3), and (4) of 
section 121(b) of Public Law 105-85 apply to the procurement 
of submarines under this section. 
(d) LIMITATION OF LIABILITY.—If a contract entered into under 
this section is terminated, the United States shall not be liable 
for termination costs in excess of the total of the amounts appro-
priated for the Virginia class submarine program that remain avail-
able for the program. 
(e) REPORT REQUIREMENT.—At that same time that the Presi-
dent submits the budget for fiscal year 2002 to Congress under 
section 1105(a) of title 31, United States Code, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on the Navy's fleet of fast attack submarines. The report 
shall include the following: 
114 STAT. 1654A-26 
PUBLIC LAW 106-398—APPENDIX 
(1) A plan for maintaining at least 55 fast attack sub-
marines in commissioned service through 2015, including, by 
2015, 18 Virginia class submarines. 
(2) Two assessments of the potential savings that would 
be achieved under the Virginia class submarine program if 
the production rate for that program were at least two sub-
marines each fiscal year, as follows: 
(A) An assessment if that were the production rate 
beginning in fiscal year 2004. 
(B) An assessment if that were the production rate 
beginning in fiscal year 2006. 
(3) An analysis of the advsmtages and disadvantages of 
various contracting strategies for the Virginia class submarine 
program, including one or more multiyear procurement strate-
gies and one or more strategies for block buy with economic 
order quantity. 
SEC. 124. LIMITATION DURING FISCAL YEAR 2001 ON CHANGES IN 
SUBMARINE FORCE STRUCTURE. 
(a) LIMITATION ON RETIREMENT OF SUBMARINES.—During fiscal 
year 2001, the Secretary of the Navy may not retire from the 
active force structure of the Navy any Los Angeles class nuclear-
powered attack submarine or any Ohio class nuclear-powered ballis-
tic missile submarine unless the Secretary of the Navy certifies 
to Congress in writing that he cannot assure the continued safe 
and militarily effective operation of that submarine. 
(b) REPORT.—Not later than April 15, 2001, the President shall 
submit to Congress a report on the required force structure for 
nuclear-powered submarines, including attack submarines (SSNs), 
ballistic missile submarines (SSBNs), and cruise missile submarines 
(SSGNs), to support the national military strategy through 2020. 
The report shall include a detailed discussion of the acquisition 
strategy and fleet maintenance requirements to achieve and main-
tain that force structure through— 
(1) the procurement of new construction submarines; 
(2) the refueling of Los Angeles class attack submarines 
(SSNs) to achieve the maximum amount of operational useful 
service; and 
(3) the conversion of Ohio class submarines that are no 
longer required for the strategic deterrence mission from their 
current ballistic missile (SSBN) configuration to a cruise-missile 
(SSGN) configuration. 
SEC. 125. ADC(X) SHIP PROGRAM. 
The Secretary of the Navy may procure the construction of 
all ADC(X) class ships in one shipyard if the Secretary determines 
that it is more cost effective to do so than to procure the construction 
of such ships from more than one shipyard. 
SEC. 126. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE 
U.S.S. DWIGHT D. EISENHOWER. 
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the amount 
authorized to be appropriated by section 102(a)(3) for fiscal year 
2001, $698,441,000 is available for the commencement of the 
nuclear refueling and complex overhaul of the U.S.S. Dwight D. 
Eisenhower (CVN-69) during fiscal year 2001. The amount made 
available in the preceding sentence is the first increment in the 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-27 
incremental funding planned for the nuclear refueling and complex 
overhaul of that vessel. 
(b) CONTRACT AUTHORITY.—The Secretary of the Navy is 
authorized to enter into a contract during fiscal year 2001 for 
the nuclear refueling and complex overhaul of the U.S.S. Dwight 
D. Eisenhower. 
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—^A contract 
entered into under subsection (b) shall provide that any obligation 
of the United States to make a payment under the contract for 
a fiscal year cifter fiscal year 2001 is subject to the availability 
of appropriations for that purpose for that later fiscal year. 
SEC. 127. ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS. 
(a) ALTERNATIVE FUNDING ANALYSIS.—The Secretary of the 
Navy shall conduct an analysis on the potential benefits and risks 
associated with alternative funding mechanisms for the procure-
ment of various classes of naval vessels and other naval capabilities 
beginning in fiscal year 2002. 
(b) ALTERNATIVE FUNDING MECHANISMS.—For purposes of this 
section, the term "alternative funding mechanism" means any of 
the following: 
(1) The use of multiyear procurement. 
(2) The use of advance procurement for block buys of mate-
rials in economic order quantities. 
(3) The use of advance procurement and advance construc-
tion required in the number of years appropriate to minimize 
the cost of ship construction. 
(4) The use of advance procurement and advance construc-
tion apportioned roughly evenly across some number of fiscal 
years. 
(5) The use of resources from the National Defense Sealift 
Fund to budget for auxiliary ships and strategic lift ships. 
(6) The use of the resources frpm the National Defense 
Sealift Fund to provide advance payments for national defense 
features to establish an active Ready Reserve Force. 
(c) REPORT.—^The Secretary shall submit to the congressional 
defense committees a report providing the results of the analysis 
under subsection (a). The report shall be submitted concurrently 
with the submission of the President's budget for fiscal year 2002, 
but in no event later than February 5, 2001. The report shall 
include the following: 
(1) A detailed description of the funding mechanisms 
considered. 
(2) The potential savings or costs associated with each 
such funding mechanism. 
(3) The year-to-year effect of each such funding mechanism 
on production stability of other shipbuilding programs funded 
within the Shipbuilding and Conversion, Navy, account, given 
the current acquisition plan of the Navy through fiscal year 
2010. 
(4) The variables and constants used in the analysis which 
should include economic, industrial base, and budget realities. 
(5) A description and discussion of any statutory or regu-
latory restrictions that would preclude the use of any of the 
funding mechanisms considered. 
114 STAT. 1654A-28 
PUBLIC LAW 106-398—APPENDIX 
SEC. 128. HELICOPTER SUPPORT OF FFG-7 FRIGATES DURING FISCAL 
YEAR 2001. 
During fiscal year 2001, the Secretary of the Navy shall operate 
one squadron of six SH-2G helicopters to provide organic helicopter 
assets for operational support of missions that are to be carried 
out by FFG-7 Flight I and Flight II frigates during that fiscal 
year. 
SEC. 129. V-22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA RECORD-
ERS. 
The Secretary of Defense shall require that all V-22 Osprey 
aircraft be equipped with a state-of-the-art cockpit voice recorder 
and a state-of-the-art flight data recorder each of which meets, 
at a minimum, the standards for such devices recommended by 
the National Transportation Safety Board. 
Subtitle D—^Air Force Programs 
SEC. 131. ANNUAL REPORT ON B-2 BOMBER. 
(a) IN GENERAL.—(1) Chapter 136 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§ 2282. B-2 bomber: annual report 
"Not later than March 1 of each year, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a report on the B-2 bomber aircraft. Each such report shall 
include the following: 
"(1) Identification of the average full-mission capable rate 
of B-2 aircraft for the preceding fiscal year and the Secretary's 
overall assessment of the implications of that full-mission 
capable rate on mission accomplishment for the B-2 aircraft, 
together with the Secretary's determination as to whether that 
rate is adequate for the accomplishment of each of the missions 
assigned to the B-2 aircraft as of the date of the assessment. 
"(2) An assessment of the technical capabilities of the B-
2 aircraft and whether these capabilities are adequate to accom-
plish each of the missions assigned to that aircraft as of the 
date of the assessment. 
"(3) Identification of all ongoing and planned development 
of technologies to enhance the capabilities of that aircraft. 
"(4) Identification and assessment of additional technologies 
that would make that aircraft more capable or survivable 
against known and evolving threats. 
"(5) A fiscally phased program for each technology identified 
in paragraphs (3) and (4) for the budget year and the future-
years defense program, based on the following three funding 
situations: 
"(A) The President's current budget. 
"(B) The President's current budget and the current 
Department of Defense unfunded priority list. 
"(C) The maximum executable funding for the B-2 
aircraft given the requirement to maintain enough oper-
ationally ready aircraft to accomplish missions assigned 
to the B-2 aircraft.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-29 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"2282. B-2 bomber: annual report.". 
(b) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 
112 of the National Defense Authorization Act for Fiscal Years 
1990 and 1991 (Public Law 101-189) is repealed. 
SEC. 132. REPORT ON MODERNIZATION OF AIR NATIONAL GUARD F-
16A UNITS. 
The Secretary of the Air Force shall, not later than February 
1, 2001, submit to Congress a plan to modernize and upgrade 
the combat capabilities of those Air National Guard units that, 
as of the date of the enactment of this Act, are assigned F-16A 
aircraft so that those units can be deployed as part of Air 
Expeditionary Forces. 
Subtitle E—Joint Programs 
SEC. 141. STUDY OF FINAL ASSEMBLY AND CHECKOUT ALTERNATIVES 
FOR THE JOINT STRIKE FIGHTER PROGRAM. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the award of a contract for engineering and manufacturing 
development for the Joint Strike Fighter aircraft program, the 
Secretary of Defense shall submit to Congress a report providing 
the results of a study of final assembly and checkout alternatives 
for that aircraft. 
(b) MATTERS TO B E INCLUDED.—The report under subsection 
(a) shall include the following: 
(1) Examination of alternative final assembly smd checkout 
strategies for the program, including— 
(A) final assembly and checkout of all aircraft under 
the program at one location; 
(B) final assembly and checkout at dual locations; and 
(C) final assembly and checkout at multiple locations. 
(2) Identification of each Government and industry facility 
that is a potential location for such final assembly and checkout. 
(3) Identification of the anticipated costs of final assembly 
£md checkout at each facility identified pursuant to paragraph 
(2), based upon a reasonable profile for the annual procurement 
of that aircraft once it enters production. 
(4) A comparison of the anticipated costs of carrying out 
such final assembly and checkout at each such location. 
(c) COST COMPARISON.—In identifying costs under subsection 
(b)(3) and carrying out the cost comparisons required by subsection 
(b)(4), the Secretary shall include consideration of each of the follow-
ing factors: 
(1) State tax credits. 
(2) State and local incentives. 
(3) Skilled resident workforce. 
(4) Supplier and technical support bases. 
(5) Available stealth production facilities. 
(6) Environmental standards. 
114 STAT. 1654A-30 
PUBLIC LAW 106-398—APPENDIX 
Subtitle F—Chemical Demilitarization 
SEC. 151. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNI-
TIONS DESTRUCTION TECHNOLOGIES. 
(a) LIMITATION.—In determining the technologies to be used 
for the destruction of the stockpile of lethal chemical agents and 
munitions at Pueblo Chemical Depot, Colorado, whether under the 
assessment required by section 141(a) of the National Defense 
Authorization Act for Fiscal Year 2000 (Pubhc Law 106-65; 113 
Stat. 537; 50 U.S.C. 1521 note), the Assembled Chemical Weapons 
Assessment, or any other assessment, the Secretary of Defense 
may consider only the following technologies: 
(1) Incineration. 
(2) Any technologies demonstrated under the Assembled 
Chemical Weapons Assessment on or before May 1, 2000. 
(b) ASSEMBLED CHEMICAL WEAPONS ASSESSMENT DEFINED.— 
As used in subsection (a), the term "Assembled Chemical Weapons 
Assessment" means the pilot program carried out under section 
8065 of the Department of Defense Appropriations Act, 1997 (as 
contained in section 101(b) of Public Law 104-208; 110 Stat. 3009-
101; 50 U.S.C. 1521 note). 
SEC. 152. REPORT ON ASSESSMENT OF NEED FOR FEDERAL ECONOMIC 
ASSISTANCE FOR COMMUNITIES IMPACTED BY CHEMI-
CAL DEMILITARIZATION ACTIVITIES. 
(a) REPORT REQUIRED.—^Not later than April 1, 2001, the Sec-
retary of Defense shall submit to the Committees on Armed Services 
of the Senate and of the House of Representatives a report on 
the impact of the Department of Defense chemical agents and 
munitions destruction program on the communities in the vicinity 
of the chemical weapons stockpile storage sites and associated 
chemical agent demilitarization activities at the following facilities: 
(1) Anniston Chemical Activity, Alabama. 
(2) Blue Grass Chemical Activity, Kentucky, 
(3) Deseret Chemical Depot, Utah. 
(4) Edgewood Chemical Activity, Maryland. 
(5) Newport Chemical Activity, Indiana. 
(6) Pine Bluff Chemical Activity, Arkansas. 
(7) Pueblo Chemical Activity, Colorado. 
(8) Umatilla Chemical Depot, Oregon. 
(b) RECOMMENDATION.—The Secretary shall include in the 
report a recommendation regarding whether Federal economic 
assistance for any or all of those communities to assist in meeting 
the impact of that program is needed and appropriate. If the Sec-
retary's recommendation is that such economic assistance is needed 
and appropriate for any or all of such communities, the Secretary 
shall include in the report criteria for determining the amount 
of such economic assistance. 
(c) MATTERS TO BE CONSIDERED IN ASSESSING IMPACT.—In 
assessing the impact of the program referred to in subsection (a) 
for purposes of preparing the report required by that subsection 
and the recommendation required by subsection (b), the Secretary 
shall consider the following: 
(1) The impact that any change in population as a result 
of chemical agent demilitarization activities would have on 
the community. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-31 
(2) The possible temporary nature of such a change in 
population and the long-range financial impact of such a change 
in population on the permanent residents of the community, 
(3) The initial capitalization required for the services, facili-
ties, or infrastructure to support any increase in population. 
(4) The operating costs for sustaining or upgrading the 
services, facilities, or infrastructure to support any increase 
in population. 
(5) The costs incurred by local government entities for 
improvements to emergency evacuation routes required by the 
chemical demilitarization activities. 
(6) Such other factors as the Secretary considers appro-
priate. 
SEC. 153. PROHIBITION AGAINST DISPOSAL OF 
NON-STOCKPILE 
CHEMICAL WARFARE MATERIAL AT ANNISTON CHEMI-
CAL STOCKPILE DISPOSAL FACILITY. 
No funds authorized to be made available under this or any 
other Act may be used to facilitate the disposal using the chemical 
stockpile disposal facility at Anniston, Alabama, of any non-stock-
pile chemical warfare material that is not stored (as of the date 
of the enactment of this Act) at the Anniston Army Depot. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for basic and applied research. 
SUBTITLE B—^PROGRAM REQUIREMENTS, RESTRICTIONS, AND LIMITATIONS 
Sec. 211. Management of Space-Based Infrared System—Low. 
Sec. 212. Joint Strike Fighter program. 
Sec. 213. Fiscal year 2002 joint field experiment. 
Sec. 214. Nuclear aircraft carrier design and production modeling. 
Sec. 215. DD-21 class destroyer program. 
Sec. 216. Limitation on Russian American Observation Satellites program. 
Sec. 217. Joint biological defense program. 
Sec. 218. Report on biological warfare defense vaccine research and development 
programs. 
Sec. 219. Cost limitations applicable to F-22 aircraft program. 
Sec. 220. Unmanned advanced capability combat aircraft and ground combat vehi-
cles. 
Sec. 221. Global Hawk high altitude endxirance unmanned aerial vehicle. 
Sec. 222. Army space control technology development. 
SUBTITLE C—BALLISTIC MISSILE DEFENSE 
Sec. 231. Funding for fiscal year 2001. 
Sec. 232. Reports on ballistic missile threat posed by North Korea. 
Sec. 233. Plan to modify ballistic missile defense architecture. 
Sec. 234. Management of Airborne Laser program. 
SUBTITLE D—HIGH ENERGY LASER PROGRAMS 
Sec. 241. Funding. 
Sec. 242. Implementation of High Energy Laser Master Plan. 
Sec. 243. Designation of senior official for high energy laser programs. 
Sec. 244. Site for Joint Technology Office. 
Sec. 245. High energy laser infrastructure improvements. 
Sec. 246. Cooperative programs and activities. 
Sec. 247. Technology plan. 
Sec. 248. Annual report. 
Sec. 249. Definition. 
114 STAT. 1654A-32 
PUBLIC LAW 106-398—APPENDIX 
Sec. 250. Review of Defense-wide directed energy programs. 
SUBTITLE E—OTHER MATTERS 
Sec. 251. Reports on mobile offshore base concept and potential use for certain pur-
poses of technologies associated with that concept. 
Sec. 252. Air Force science and technology planning. 
Sec. 253. Enhancement of authorities regarding education partnerships for pur-
poses of encouraging scientific study. 
Sec. 254. Recognition of those individuals instrumental to naval research efforts 
during the period from before World War II through the end of the Cold 
War. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $5,568,482,000. 
(2) For the Navy, $8,715,335,000. 
(3) For the Air Force, $13,779,144,000. 
(4) For Defense-wide activities, $10,873,712,000, of which 
$192,060,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH. 
(a) FISCAL YEAR 2001.—Of the amounts authorized to be appro-
priated by section 201, $4,557,188,000 shall be available for basic 
research and applied research projects. 
(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—^For 
purposes of this section, the term "basic research and applied 
research" means work funded in program elements for defense 
research and development under Department of Defense category 
6.1 or 6.2. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM—LOW. 
Not later than October 1, 2001, the Secretary of Defense shall 
direct that the Director of the Ballistic Missile Defense Organization 
shall have authority for program management for the ballistic mis-
sile defense program known on the date of the enactment of this 
Act as the Space-Based Infrared System—Low. 
SEC. 212. JOINT STRIKE FIGHTER PROGRAM. 
(a) REPORT.—^Not later than December 15, 2000, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on the Joint Strike Fighter aircraft program describing 
the criteria for exit of the program from the demonstration and 
validation phase, and entry of the program into the engineering 
and manufacturing development phase, of the acquisition process. 
(b) CERTIFICATION.—The Joint Strike Fighter program may not 
be approved for entry into the engineering and manufacturing 
development phase of the acquisition process until the Secretary 
of Defense certifies to the congressional defense committees that--
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-33 
(1) the exit criteria established in the report submitted 
under subsection (a) have been accomplished; 
(2) the technological maturity of key technologies for the 
program is sufficient to warrant entry of the program into 
the engineering and manufacturing development phase; and 
(3) the short take-off, vertical-landing aircraft variant 
selected for engineering and manufacturing development has 
successfully flown at least 20 hours. 
(c) TRANSFERS WITHIN THE JOINT STRIKE FIGHTER NAVY AND 
AIR FORCE ACCOUNTS.—(1) The Secretary of Defense may, subject 
to established congressional notification and reprogramming proce-
dures, transfer within the Joint Strike Fighter program the follow-
ing amounts: 
(A) Of the funds authorized to be appropriated for PE 
64800N, up to $100,000,000 to PE 63800N. 
(B) Of the funds authorized to be appropriated for PE 
64800F, up to $100,000,000 to PE 63800F. 
(2) The transfer authority authorized in paragraph (1) is in 
addition to the transfer authority provided in section 1001. 
SEC. 213. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT. 
(a) REQUIREMENTS.—^The Secretary of Defense shall carry out 
a joint field experiment in fiscal year 2002. The Secretary shall 
ensure that the planning for the joint field experiment is carried 
out in fiscal year 2001. 
(b) PURPOSE.—The purpose of the joint field experiment is 
to explore critical war fighting challenges at the operational level 
of war that will confront United States joint military forces after 
2010. 
(c) PARTICIPATING FORCES.—(1) The joint field experiment shall 
involve elements of the Army, Navy, Marine Corps, and Air Force, 
and shall include special operations forces. 
(2) The forces designated to participate in the joint field experi-
ment shall exemplify the concepts for organization, equipment, and 
doctrine that are conceived for the forces after 2010 under Joint 
Vision 2010 and Joint Vision 2020 (issued by the Joint Chiefs 
of Staff) and the current vision statements of the Chief of Staff 
of the Army, the Chief of Naval Operations, the Commandant 
of the Marine Corps, and the Chief of Staff of the Air Force, 
including the following concepts: 
(A) Army medium weight brigades. 
(B) Navy Forward-From-The-Sea. 
(C) Air Force expeditionary aerospace forces. 
(d) REPORT.—^Not later than March 1, 2001, the Secretary shall 
submit to the congressional defense committees a report on the 
concept plan for the joint field experiment required under subsection 
(a). The report shall include the following: 
(1) The objectives of the experiment. 
(2) The forces participating in the experiment. 
(3) The schedule and location of the experiment. 
(4) For each joint command, defense agency, and service 
component participating in the experiment, an identification 
of— 
(A) the funding required for the experiment by that 
command, agency, or component; and 
114 STAT. 1654A-34 
PUBLIC LAW 106-398—APPENDIX 
(B) any shortfall in the budget request for the Depart-
ment of Defense for fiscal year 2002 for that funding for 
that command, agency, or component. 
SEC. 214. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION 
MODELING. 
(a) ASSESSMENT REQUIRED.—The Secretary of the Navy shall 
conduct an assessment of the cost-effectiveness of— 
(1) converting design data for the Nimitz-class aircraft 
carrier from non-electronic to electronic form; and 
(2) developing an electronic, three-dimensional design prod-
uct model for the CVNX class aircraft carrier. 
(b) CONDUCT OF THE ASSESSMENT.—The Secretary of the Navy 
shall carry out the assessment in a manner that ensures the partici-
pation of the nuclear aircraft carrier shipbuilding industry. 
(c) REPORT.—^The Secretary of the Navy shall submit a report 
to the congressional defense committees on the assessment. The 
report shall include the results of the assessment and plans and 
funding requirements for developing the model specified in sub-
section (a)(2). The report shall be submitted with the submission 
of the budget request for the Department of Defense for fiscal 
year 2002. 
(d) FUNDING.—Of the amount authorized to be appropriated 
under section 201(2) for research, development, test, and evaluation 
for the Navy, $8,000,000 shall be available to initiate the conversion 
and development of nuclear aircraft carrier design data into an 
electronic, three-dimensional product model. 
SEC. 215. DD-21 CLASS DESTROYER PROGRAM. 
(a) AUTHORITY.—^The Secretary of the Navy is authorized to 
pursue a technology insertion approach for the construction of the 
DD-21 destroyer that is based on the assumption of the following 
schedule: 
(1) Award of a contract for advance procurement for 
construction of components for the DD-21 destroyer during 
fiscal year 2004. 
(2) Delivery of the completed ship during fiscal year 2009. 
(b) SENSE OF CONGRESS.—^It is the sense of Congress that— 
(1) there are compelling reasons for starting the program 
for constructing the DD-21 destroyer during fiscal year 2004 
with available procurement funds and continuing with sequen-
tial construction of DD-21 class destroyers during the ensuing 
fiscal years until 32 DD-21 class destroyers have been con-
structed; and 
(2) the Secretary of the Navy, in providing for the acquisi-
tion of DD-21 class destroyers, should consider that— 
(A) the Marine Corps needs the surface fire-support 
capabilities of the DD-21 class destroyers as soon as pos-
sible in order to mitigate the inadequacies of the surface 
fire-support capabilities that are currently available; 
(B) the Navy and Marine Corps need to resolve whether 
there is a requirement for surface fire-support missile 
weapon systems to be easily sustainable by means of 
replenishment while under way; 
(C) the technology insertion approach has been success-
ful for other ship construction programs and is being pur-
sued for the CVNX aircraft carrier program and the Vir-
ginia class submarine program; 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-35 
(D) the establishment of a stable configuration for the 
first 10 DD-21 class destroyers should enable the construc-
tion of those ships with the greatest capabilities at the 
lowest cost; and 
(E) action to acquire DD-21 class destroyers should 
be taken as soon as possible in order to realize fully the 
cost savings that can be derived from the construction 
and operation of DD-21 class destroyers, including— 
(i) savings in construction costs that would result 
from achievement of the Navy's target per-ship cost 
of $750,000,000 by the fifth ship constructed in each 
construction yard; 
(ii) savings that would result from the estimated 
reduction of the crews of destroyers by 200 or more 
personnel for each ship; and 
(iii) savings that would result from a reduction 
in the operating costs for destroyers by an estimated 
70 percent. 
(c) NAVY PLAN FOR USE OF TECHNOLOGY INSERTION APPROACH 
FOR CONSTRUCTION OF THE DD-21 
SHIP.—The Secretary of the 
Navy shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives, not later than April 
18, 2001, a plan for pursuing a technology insertion approach for 
the construction of the DD-21 destroyer as authorized under sub-
section (a). The plan shall include estimates of the resources nec-
essary to carry out the plan. 
(d) REPORT ON ACQUISITION AND MAINTENANCE PLAN FOR DD-
21 CLASS SHIPS.—The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives, not later than April 18, 2001, a report on the 
Navy's plan for the acquisition and maintenance of DD-21 class 
destroyers. The report shall include a discussion of each of the 
following matters: 
(1) The technical feasibility 
of contracting for, 
and 
commencing construction of, the first destroyer in that class 
during fiscal year 2004 and achieving delivery of the completed 
ship during fiscal year 2009. 
(2) An analysis of alternative contracting strategies for 
the construction of the first 10 destroyers in that class, includ-
ing one or more multiyear procurement strategies and one 
or more strategies for block buy in economic order quantity. 
(3) A comparison of the effects on the destroyer industrial 
base and on costs to other Navy shipbuilding programs of 
the following two options: 
(A) Commencing construction of the first destroyer in 
that class during fiscal year 2004, with delivery of the 
completed ship during fiscal year 2009, and delaying 
commencement of construction of the next destroyer in 
that class until fiscal year 2006. 
(B) Commencing construction of the first destroyer in 
that class during fiscal year 2005 (rather than fiscal year 
2004), with advance procurement during fiscal year 2004 
and delivery of the completed ship during fiscal year 2010, 
and delaying commencement of construction of the next 
destroyer in that class until fiscal year 2007 (rather than 
fiscal year 2006). 
114 STAT. 1654A-36 
PUBLIC LAW 106-398—APPENDIX 
(4) The effects on the fleet maintenance strategies of Navy 
fleet commanders, on commercial maintenance facihties in fleet 
concentration areas, and on the administration of funds in 
compliance with section 2466 of title 10, United States Code, 
of awarding to a contractor for the construction of a destroyer 
in that class all maintenance workloads for destroyers in that 
class that are below depot-level maintenance and above ship-
level maintenance. 
SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SAT-
ELLITES PROGRAM. 
None of the funds authorized to be appropriated under section 
201(4) for the Russian American Observation Satellites program 
may be obligated or expended until 30 days after the Secretary 
of Defense submits to Congress a report explaining how the Sec-
retary plans to protect United States advanced military technology 
that may be associated with the Russian American Observation 
Satellites program. 
SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM. 
(a) LIMITATION.—Subject to subsection (c), funds authorized 
to be appropriated by this Act may not be obligated for the procure-
ment of a vaccine for the biological agent anthrax until the Sec-
retary of Defense has submitted to the congressional defense 
committees each of the following: 
(1) A written notification that the Food and Drug Adminis-
tration has approved the current manufacturer for production 
of the vaccine. 
(2) A report on the contingencies associated with continuing 
to rely on the current manufacturer to supply the vaccine. 
(b) CONTENT OF REPORT.—The report required under subsection 
(a)(2) shall include each of the following: 
(1) Recommended strategies to mitigate the risk to the 
Department of Defense of losing the current manufacturer as 
a source of anthrax vaccine, together with a discussion of the 
criteria to be applied in determining whether to carry out 
any of the strategies and which strategy to carry out. 
(2) Recommended strategies to ensure that the Department 
of Defense can procure, from one or more sources other than 
the current manufacturer, an anthrax vaccine approved by 
the Food and Drug Administration that meets the requirements 
of the Department if— 
(A) the Food and Drug Administration does not approve 
the release of the anthrax vaccine available from the cur-
rent manufacturer; or 
(B) the current manufacturer terminates the produc-
tion of anthrax vaccine permanently. 
(3) A five-year budget to support each strategy rec-
ommended under paragraph (1) or (2). 
(c) PERMISSIBLE OBLIGATIONS.—(1) This section does not limit 
the obligation of funds for any of the following purposes: 
(A) The support of any action that is necessary for the 
current manufacturer to comply with standards of the Food 
and Drug Administration (including those purposes necessary 
to obtain or maintain a biological license application) applicable 
to anthrax vaccine. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-37 
(B) Establishing an additional source (other than or in 
conjunction with the current manufacturer) for the production 
of anthrax vaccine. 
(C) Any action that the Secretary determines necessary 
to ensure production of anthrax vaccine for meeting an urgent 
and immediate national defense requirement. 
(2) Not later than seven days after the total amount of the 
funds obligated (or obligated and expended) for purposes specified 
in paragraph (1) exceeds $5,000,000, the Secretary shall submit 
to Congress a notification that the total obligations exceed that 
amount, together with a written justification for the obligation 
of funds in excess of that amount. 
(d) CURRENT MANUFACTURER.—In this section, the term "cur-
rent manufacturer" means the manufacturing source from which 
the Department of Defense is procuring anthrax vaccine as of 
the date of the enactment of this Act. 
SEC. 218. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE 
RESEARCH AND DEVELOPMENT PROGRAMS. 
(a) REPORT REQUIRED.—Not later than February 1, 2001, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the acquisition of biological warfare defense 
vaccines for the Department of Defense. 
(b) CONTENTS.—The report shall include the following: 
(1) The Secretary's evaluation of the implications of reliance 
on the commercial sector to meet the requirements of the 
Department of Defense for biological warfare defense vaccines. 
(2) A design for a government-owned, contractor-operated 
facility for the production of biological warfare defense vaccines 
that meets the requirements of the Department for such vac-
cines, and the assumptions on which that design is based. 
(3) A preliminary cost estimate of, and schedule for, 
establishing and bringing into operation such a facility, and 
the estimated annual cost of operating such a facility thereafter. 
(4) A determination, developed in consultation with the 
Surgeon General, of the utility of such a facility to support 
the production of vaccines for the civilian sector, and a discus-
sion of the effects that the use of such a facility for that 
purpose might have on— 
(A) the production of vaccines for the Armed Forces; 
and 
(B) the annual cost of operating such a facility. 
(5) An analysis of the effects that international require-
ments for vaccines, and the production of vaccines in response 
to those requirements, might have on— 
(A) the production of vaccines for the Armed Forces; 
and 
(B) the annual cost of operating such a facility. 
(c) BIOLOGICAL WARFARE DEFENSE VACCINE DEFINED.—In this 
section, the term "biological warfare defense vaccine" means a vac-
cine useful for the immunization of military personnel to protect 
against biological agents on the Validated Threat List issued by 
the Joint Chiefs of Staff, whether such vaccine is in production 
or is being developed. 
114 STAT. 1654A-38 
PUBLIC LAW 106-398—APPENDIX 
SEC. 219. COST LIMITATIONS APPLICABLE TO F-22 AIRCRAFT PRO-
GRAM. 
(a) 
FLEXIBILITY 
IN 
ENGINEERING 
AND 
MANUFACTURING 
DEVELOPMENT COST CAP.—Section 217(c) of the National Defense 
Authorization Act for Fiscal Year 1998 (PubHc Law 105-85; 111 
Stat. 1660) is amended by adding at the end the following new 
paragraph: 
"(3) With respect to the limitation in subsection (a), an 
increase by an amount that does not exceed IV2 percent of 
the total amount of that limitation (taking into account the 
increases and decreases, if any, under paragraphs (1) and (2)) 
if the Director of Operational Test and Evaluation, after 
consulting with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics, determines that the increase is nec-
essary in order to ensure adequate testing.". 
(b) REESTABLISHMENT OF SEPARATE ENGINEERING AND MANU-
FACTURING DEVELOPMENT COST CAP AND PRODUCTION COST CAP.— 
The provisions of subsections (a) and (b) of section 217 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1660) shall continue to apply with respect 
to amounts obligated and expended for engineering and manufactur-
ing development, and for production, respectively, for the F-22 
aircraft program without regard to any provision of law establishing 
a single limitation on amounts obligated and expended for engineer-
ing and manufacturing development and for production for that 
program. 
SEC. 220. UNMANNED ADVANCED CAPABILITY COMBAT AIRCRAFT AND 
GROUND COMBAT VEHICLES. 
(a) GOAL.—It shall be a goal of the Armed Forces to achieve 
the fielding of unmanned, remotely controlled technology such 
that— 
(1) by 2010, one-third of the aircraft in the operational 
deep strike force aircraft fleet are unmanned; and 
(2) by 2015, one-third of the operational ground combat 
vehicles are unmanned. 
(b) REPORT ON UNMANNED ADVANCED CAPABILITY COMBAT AIR-
CRAFT AND GROUND COMBAT VEHICLES.—(1) Not later than January 
31, 2001, the Secretary of Defense shall submit to the congressional 
defense committees a report on the programs to demonstrate 
unmanned advanced capability combat aircraft and ground combat 
vehicles undertaken jointly between the Director of the Defense 
Advanced Research Projects Agency and any of the following: 
(A) The Secretary of the Army. 
(B) The Secretary of the Navy. 
(C) The Secretary of the Air Force. 
(2) The report shall include, for each program referred to in 
paragraph (1), the following: 
(A) A schedule for the demonstration to be carried out 
under that program. 
(B) An identification of the funding required for fiscal year 
2002 and for the future-years defense program to carry out 
that program and for the demonstration to be carried out 
under that program. 
(C) In the case of the program relating to the Army, the 
plan for modification of the existing memorandum of agreement 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-39 
with the Defense Advanced Research Projects Agency for dem-
onstration and development of the Future Combat System to 
reflect an increase in unmanned, remotely controlled enabling 
technologies. 
(3) The report shall also include, for each Secretary referred 
to in paragraphs (1)(A), (1)(B), and (1)(C), a description and assess-
ment of the acquisition strategy for unmanned advanced capability 
combat aircraft and ground combat vehicles planned by that Sec-
retary, which shall include a detailed estimate of all research and 
development, procurement, operation, support, ownership, and other 
costs required to carry out such strategy through the year 2030, 
and— 
(A) in the case of the acquisition strategy relating to the 
Army, the transition from the planned acquisition strategy 
for the Future Combat System to an acquisition strategy 
capable of meeting the goal specified in subsection (a)(2); 
(B) in the case of the acquisition strategy relating to the 
Navy— 
(i) the plan to implement a program that examines 
the ongoing Air Force unmanned combat air vehicle pro-
gram and identifies an approach to develop a Navy 
unmanned combat air vehicle program that has the goal 
of developing an aircraft that is suitable for aircraft carrier 
use and has maximum commonality with the aircraft under 
the Air Force program; and 
(ii) an analysis of alternatives between the operational 
deep strike force aircraft fleet and that fleet together with 
an additional 10 to 20 unmanned advanced capability com-
bat aircraft that are suitable for aircraft carrier use and 
capable of penetrating fully operational enemy air defense 
systems; and 
(C) in the case of the acquisition strategy relating to the 
Air Force— 
(i) the schedule for evaluation of demonstration results 
for the ongoing unmanned combat air vehicle program and 
the earliest possible transition of that program into 
engineering and manufacturing development and procure-
ment; and 
(ii) an analysis of alternatives between the currently 
planned deep strike force aircraft fleet and the operational 
deep strike force aircraft fleet that could be acquired by 
fiscal year 2010 to meet the goal specified in subsection 
(a)(1). 
(c) FUNDS.—Of the amount authorized to be appropriated for 
Defense-wide activities under section 201(4) for the Defense 
Advanced Research Projects Agency, $100,000,000 shall be available 
only to carry out the programs referred to in subsection (b)(1). 
(d) DEFINITIONS.—^For purposes of this section: 
(1) An aircraft or ground combat vehicle has "unmanned 
advgmced capability" if it is an autonomous, semi-autonomous, 
or remotely controlled system that can be deployed, re-tasked, 
recovered, and re-deployed. 
(2) The term "currently planned deep strike force aircraft 
fleet" means the early entry, deep strike aircraft fleet (composed 
of F-117 stealth aircraft and B-2 stealth aircraft) that is cur-
rently planned for fiscal year 2010. 
114 STAT. 1654A-40 
PUBLIC LAW 106-398—APPENDIX 
(3) The term "operational deep strike force aircraft fleet" 
means the currently planned deep strike force aircraft fleet, 
together with at least 30 unmanned advanced capability combat 
aircraft that are capable of penetrating fully operational enemy 
air defense systems. 
(4) The term "operational ground combat vehicles" means 
ground combat vehicles acquired through the Future Combat 
System acquisition program of the Army to equip the future 
objective force, as outlined in the vision statement of the Chief 
of Staff of the Army. 
SEC. 221. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED 
AERIAL VEHICLE. 
(a) CONCEPT DEMONSTRATION REQUIRED.—The Secretary of 
Defense shall require and coordinate a concept demonstration of 
the Global Hawk high altitude endurance unmanned aerial vehicle. 
(b) PURPOSE OF DEMONSTRATION.—The purpose of the concept 
demonstration is to demonstrate the capability of the Global Hawk 
high altitude endurance unmanned aerial vehicle to operate in 
an airborne surveillance mode, using available, non-developmental 
technology. 
(c) TIME FOR DEMONSTRATION.—The Secretary shall initiate 
the demonstration not later than March 1, 2001. 
(d) PARTICIPATION BY CINCS.—The Secretary shall require the 
commander of the United States Joint Forces Command and the 
commander of the United States Southern Command jointly to 
provide guidance for the demonstration and otherwise to participate 
in the demonstration. 
(e) SCENARIO FOR DEMONSTRATION.—The demonstration shall 
be conducted in a counter-drug surveillance scenario that is 
designed to replicate factual conditions typically encountered in 
the performance of the counter-drug surveillance mission of the 
commander of the United States Southern Command within that 
commander's area of responsibility. 
(f) REPORT.—Not later than 45 days after the demonstration 
is completed, the Secretary shall submit to Congress a report on 
the results of the demonstration. The report shall include the follow-
ing: 
(1) The Secretary's assessment of the technical feasibility 
of using the Global Hawk high altitude endurance unmanned 
aerial vehicle for airborne air surveillance. 
(2) A discussion of the operational concept for the use 
of the vehicle for that purpose. 
(g) FUNDING.—Of the funds authorized to be appropriated by 
section 301(20) for Drug Interdiction and Counter-drug Activities, 
Defense-wide, $18,000,000 shall be available for the concept dem-
onstration required by subsection (a), including initiation of concur-
rent development for an improved surveillance radar. 
SEC. 
222. 
ARMY 
SPACE 
CONTROL 
TECHNOLOGY 
DEVELOPMENT. 
Of the funds authorized to be appropriated under section 201(1) 
for Army space control technology, $3,000,000 shall be available 
for the kinetic energy anti-satellite technology program. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-41 
Subtitle C—Ballistic Missile Defense 
SEC. 231. FUNDING FOR FISCAL YEAR 2001. 
Of the funds authorized to be appropriated in section 201(4), 
$1,875,238,000 shall be available for the National Missile Defense 
program. 
SEC. 232. REPORTS ON BALLISTIC MISSILE THREAT POSED BY NORTH 
KOREA. 
(a) REPORT ON BALLISTIC MISSILE THREAT.—Not later than 
two weeks after the next flight test by North Korea of a long-
range ballistic missile, the President shall submit to Congress, 
in classified and unclassified form, a report on the North Korean 
ballistic missile threat to the United States. The report shall include 
the following: 
(1) An assessment of the current North Korean missile 
threat to the United States. 
(2) An assessment of whether the United States is capable 
of defeating the North Korean long-range missile threat to 
the United States as of the date of the report. 
(3) An assessment of when the United States will be 
capable of defeating the North Korean missile threat to the 
United States. 
(4) An assessment of the potential for proliferation of North 
Korean missile technologies to other states and whether such 
proliferation will accelerate the development of additional long-
range ballistic missile threats to the United States. 
(b) REPORT ON REDUCING VULNERABILITY.—Not later than two 
weeks after the next flight test by North Korea of a long-range 
ballistic missile, the President shall submit to Congress a report 
providing the following: 
(1) Any additional steps the President intends to take 
to reduce the period of time during which the Nation is vulner-
able to the North Korean long-range ballistic missile threat. 
(2) The technical and programmatic viability of testing 
any other missile defense systems against targets with flight 
characteristics similar to the North Korean long-range missile 
threat, and plans to do so if such tests are considered to 
be a viable alternative. 
(c) DEFINITION.—For purposes of this section, the term "United 
States", when used in a geographic sense, means the 50 States, 
the District of Columbia, and any Commonwealth, territory, or 
possession of the United States. 
SEC. 233. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITEC-
TURE. 
(a) PLAN.—The Director of the Ballistic Missile Defense 
Organization shall develop a plan to adapt ballistic missile defense 
systems and architectures to counter potential threats to the United 
States, United States forces deployed outside the United States, 
and other United States national security interests that are posed 
by longer range medium-range ballistic missiles and intermediate-
range ballistic missiles. 
(b) USE OF SPACE-BASED SENSORS INCLUDED.—The plan shall 
include— 
(1) potential use of space-based sensors, including the 
Space-Based Infrared System (SBIRS) Low and Space-Based 
114 STAT. 1654A-42 
PUBLIC LAW 106-398—APPENDIX 
Infrared System (SBIRS) High, Navy theater missile defense 
assets, upgrades of land-based theater missile defenses, the 
airborne laser, and other assets available in the European 
theater; and 
(2) a schedule for ground and flight testing against the 
identified threats. 
(c) REPORT.—The Secretary of Defense shall assess the plan 
and, not later than February 15, 2001, shall submit to the congres-
sional defense committees a report on the results of the assessment. 
SEC. 234. MANAGEMENT OF AIRBORNE LASER PROGRAM. 
(a) 
OVERSIGHT 
OF 
FUNDING, 
SCHEDULE, 
AND TECHNICAL 
REQUIREMENTS.—^With respect to the program known as of the 
date of the enactment of this Act as the "Airborne Laser" program, 
the Secretary of Defense shall require that the Secretary of the 
Air Force obtain the concurrence of the Director of the Ballistic 
Missile Defense Organization before the Secretary— 
(1) makes any change to the funding plan or schedule 
for that program that would delay to a date later than Septem-
ber 30, 2003, the first test of the airborne laser that is intended 
to destroy a ballistic missile in flight; 
(2) makes any change to the funding plan for that program 
in the future-years defense program that would delay the initial 
operational capability of the airborne laser; and 
(3) makes any change to the technical requirements of 
the airborne laser that would significantly reduce its ballistic 
missile defense capabilities. 
(b) REPORT.—Not later than February 15, 2001, the Director 
of the Ballistic Missile Defense Organization shall submit to the 
congressional defense committees a report, to be prepared in 
coordination with the Secretary of the Air Force, on the role of 
the airborne laser in the family of systems missile defense architec-
ture developed by the Director of the Ballistic Missile Defense 
Organization and the Director of the Joint Theater Air and Missile 
Defense Organization. The report shall be submitted in unclassified 
and, if necessary, classified form. The report shall include the 
following: 
(1) An assessment by the Secretary of the Air Force and 
the Director of the Ballistic Missile Defense Organization of 
the funding plan for that program required to achieve the 
schedule identified in paragraphs (1) and (2) of subsection 
(a). 
(2) Potential future airborne laser roles in that architecture. 
(3) An assessment of the effect of deployment of the air-
borne laser on requirements for theater ballistic missile defense 
systems. 
(4) An assessment of the cost effectiveness of the airborne 
laser compared to other ballistic missile defense systems. 
(5) An assessment of the relative significance of the air-
borne laser in the family of systems missile defense architec-
ture. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-43 
Subtitle D—High Energy Laser Programs 
SEC. 241. FUNDING. 
(a) FUNDING FOR FISCAL YEAR 2001.—(1) Of the amount author-
ized to be appropriated by section 201(4), $30,000,000 is authorized 
for high energy laser development. 
(2) Funds available under this subsection are available to 
supplement the high energy laser programs of the military depart-
ments and Defense Agencies, £is determined by the official des-
ignated under section 243. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the Department of Defense should establish funding 
for high energy laser programs within the science and tech-
nology programs of each of the military departments and the 
Ballistic Missile Defense Organization; and 
(2) the Secretary of Defense should establish a goal that 
basic, applied, and advanced research in high energy laser 
technology should constitute at least 4.5 percent of the total 
science and technology budget of the Department of Defense 
by fiscal year 2004. 
SEC. 242. IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN. 
The Secretary of Defense shall implement the management 
and organizational structure specified in the Department of Defense 
High Energy Laser Master Plan of March 24, 2000. 
SEC. 243. DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY 
LASER PROGRAMS. 
(a) DESIGNATION.—^The Secretary of Defense shall designate 
a single senior civilian official in the Office of the Secretary of 
Defense (in this subtitle referred to as the "designated official") 
to chair the High Energy Laser Technology Council called for in 
the master plan referred to in section 242 and to carry out respon-
sibilities for the programs for which funds are provided under 
this subtitle. The designated official shall report directly to the 
Under Secretary of Defense for Acquisition, Technology, and Logis-
tics for matters concerning the responsibilities specified in sub-
section (b). 
(b) RESPONSIBILITIES.—^The primary responsibilities of the des-
ignated official shall include the following: 
(1) Establishment of priorities for the high energy laser 
programs of the military departments and the Defense Agen-
cies. 
(2) Coordination of high energy laser programs among the 
military departments and the Defense Agencies. 
(3) Identification of promising high energy laser tech-
nologies for which funding should be a high priority for the 
Department of Defense and establishment of priority for fund-
ing among those technologies. 
(4) Preparation, in coordination with the Secretaries of 
the military departments and the Directors of the Defense 
Agencies, of a detailed technology plan to develop and mature 
high energy laser technologies. 
(5) Planning and programming appropriate to rapid evo-
lution of high energy laser technology. 
(6) Ensuring that high energy laser programs of each mili-
tary department and the Defense Agencies are initiated and 
114 STAT. 1654A-44 
PUBLIC LAW 106-398—APPENDIX 
managed effectively and are complementary with programs 
managed by the other military departments and Defense Agen-
cies and by the Office of the Secretary of Defense. 
(7) Ensuring that the high energy laser programs of the 
> 
military departments and the Defense Agencies comply with 
the requirements specified in subsection (c). 
(c) COORDINATION AND FUNDING BALANCE.—In carrying out 
the responsibilities specified in subsection (b), the designated official 
shall ensure that— 
(1) high energy laser programs of each military department 
and of the Defense Agencies are consistent with the priorities 
identified in the designated official's planning and programming 
activities; 
(2) funding provided by the Office of the Secretary of 
Defense for high energy laser research and development com-
plements high energy laser programs for which funds are pro-
vided by the military departments and the Defense Agencies; 
(3) programs, projects, and activities to be carried out by 
the recipients of such funds are selected on the basis of appro-
priate competitive procedures or Department of Defense peer 
review process; 
(4) beginning with fiscal year 2002, funding from the Office 
of the Secretary of Defense in applied research and advanced 
technology development program elements is not applied to 
technology efforts in support of high energy laser programs 
that are not funded by a military department or the Defense 
Agencies; and 
(5) funding from the Office of the Secretary of Defense 
to complement an applied research or advanced technology 
development high energy laser program for which funds are 
provided by one of the military departments or the Defense 
Agencies do not exceed the amount provided by the military 
department or the Defense Agencies for that program. 
SEC. 244. SITE FOR JOINT TECHNOLOGY OFFICE. 
(a) DEADLINE FOR SELECTION OF SITE.—The Secretary of 
Defense shall locate the Joint Technology Office called for in the 
High Energy Laser Master Plan referred to in section 242 at a 
location determined appropriate by the Secretary not later than 
30 days after the date of the enactment of this Act. 
(b) CONSIDERATION OF SITE.—In determining the location of 
the Joint Technology Office, the Secretary shall, in consultation 
with the Deputy Under Secretary of Defense for Science and Tech-
nology, assess— 
(1) cost; 
(2) accessibility between the Office and the Armed Forces 
and senior Department of Defense leaders; and 
(3) the advantages and disadvantages of locating the Office 
at a site at which occurs a substantial proportion of the directed 
energy research, development, test, and evaluation activities 
of the Department of Defense. 
SEC. 245. HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS. 
(a) ENHANCEMENT OF INDUSTRL\L BASE.—The Secretary of 
Defense shall consider, evaluate, and undertake to the extent appro-
priate initiatives, including investment initiatives, to enhance the 
industrial base to support military applications of high energy laser 
technologies and systems. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-45 
(b) ENHANCEMENT OF TEST AND EVALUATION CAPABILITIES.— 
The Secretary of Defense shall consider modernizing the High 
Energy Laser Test Facility at White Sands Missile Range, New 
Mexico, in order to enhance the test and evaluation capabilities 
of the Department of Defense with respect to high energy laser 
weapons. 
SEC. 246. COOPERATIVE PROGRAMS AND ACTIVITIES. 
(a) MEMORANDUM OF AGREEMENT WITH NNSA.—(1) The Sec-
retary of Defense and the Administrator for Nuclear Security of 
the Department of Energy shall enter into a memorandum of agree-
ment to conduct joint research and development on military applica-
tions of high energy lasers. 
(2) 
The 
projects 
pursued 
under 
the 
memorandum 
of 
agreement— 
(A) shall be of mutual benefit to the national security 
programs of the Department of Defense and the National 
Nuclear Security Administration of the Department of Energy; 
(B) shall be prioritized jointly by officials designated to 
do so by the Secretary of Defense and the Administrator; and 
(C) shall be consistent with the technology plan prepared 
pursuant to section 243(b)(4) and the requirements identified 
in section 243(c). 
(3) The costs of each project pursued under the memorandum 
of agreement shall be shared equally by the Department of Defense 
and the National Nuclear Security Administration. 
(4) The memorandum of agreement shall provide for appro-
priate peer review of projects pursued under the memorandum 
of agreement. 
(b) EVALUATION OF OTHER COOPERATIVE PROGRAMS AND ACTIVI-
TIES.—^The Secretary of Defense shall evaluate the feasibility and 
advisability of entering into cooperative programs or activities with 
other Federal agencies, institutions of higher education, and the 
private sector for the purpose of enhancing the programs, projects, 
and activities of the Department of Defense relating to high energy 
laser technologies, systems, and weapons. 
SEC. 247. TECHNOLOGY PLAN. 
The designated official shall submit to the congressional defense 
committees by February 15, 2001, the technology plan prepared 
pursuant to section 243(b)(4). The report shall be submitted in 
unclassified and, if necessary, classified form. 
SEC. 248. ANNUAL REPORT. 
Not later than February 15 of 2001, 2002, and 2003, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report on the high energy laser programs of the Department 
of Defense. Each report shall include an assessment of the following: 
(1) The adequacy of the management structure of the 
Department of Defense for the high energy laser programs. 
(2) The funding available for the high energy laser pro-
grams. 
(3) The technical progress achieved for the high energy 
laser programs. 
(4) The extent to which goals and objectives of the high 
energy laser technology plan have been met. 
114 STAT. 1654A-46 
PUBLIC LAW 106-398—APPENDIX 
SEC. 249. DEFINITION. 
For purposes of this subtitle, the term "high energy laser" 
means a laser that has average power in excess of one kilowatt 
and that has potential weapons applications. 
SEC. 250. REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS. 
(a) EVALUATION.—The Secretary of Defense, in consultation 
with the Deputy Under Secretary of Defense for Science and Tech-
nology, shall evaluate expansion of the High Energy Laser manage-
ment structure specified in section 242 for possible inclusion in 
that management structure of science and technology programs 
in related areas, including the following: 
(1) High power microwave technologies. 
(2) Low energy and nonlethal laser technologies. 
(3) Other directed energy technologies. 
(b) CONSIDERATION OF PRIOR STUDY.—The evaluation under 
subsection (a) shall take into consideration the July 1999 Depart-
ment of Defense study on streamlining and coordinating science 
and technology and research, development, test, and evaluation 
within the Department of Defense. 
(c) REPORT.—The Secretary of Defense shall submit to the 
congressional defense committees a report on the findings of the 
evaluation under subsection (a). The report shall be submitted 
not later than March 15, 2001. 
Subtitle E—Other Matters 
SEC. 
251. REPORTS ON MOBILE OFFSHORE BASE CONCEPT AND 
POTENTIAL USE FOR CERTAIN PURPOSES OF TECH-
NOLOGIES ASSOCIATED WITH THAT CONCEPT. 
(a) REPORT ON MERITS OF MOBILE OFFSHORE BASE CONCEPT.— 
Not later than March 1, 2001, the Secretary of Defense shall submit 
to the congressional defense committees a report on the mobile 
offshore base concept. The report shall include the following: 
(1) A cost-benefit analysis of the mobile offshore base, 
using operational concepts that would support the National 
Military Strategy. 
(2) A recommendation regarding whether to proceed with 
the mobile offshore base as a program and, if so— 
(A) a statement regarding which of the Armed Forces 
is to be designated to have the lead responsibility for the 
program; and 
(B) a schedule for the program. 
(b) REPORT ON POTENTIAL USE FOR CERTAIN PURPOSES OF ASSO-
CIATED TECHNOLOGIES.—Not later than March 1, 2001, the Sec-
retary of the Navy shall submit to the congressional defense commit-
tees a report on the potential use of technologies associated with 
the mobile offshore base concept. The report shall include an assess-
ment of the potential application and feasibility of using existing 
technologies, including those technologies associated with the mobile 
offshore base concept, to a sea-based landing platform for support 
of naval aviation training. 
SEC. 252. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of the Air Force 
shall conduct a review of the long-term challenges and short-term 
objectives of the Air Force science and technology programs. The 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-47 
Secretary shall complete the review not later than one year after 
the date of the enactment of this Act. 
(b) MATTERS TO B E REVIEWED.—The review shall include the 
following: 
(1) An assessment of the budgetary resources that are 
being used for fiscal year 2001 for addressing the long-term 
challenges and the short-term objectives of the Air Force science 
and technology programs. 
(2) The budgetary resources that are necessary to address 
those challenges and objectives adequately. 
(3) A course of action for each projected or ongoing Air 
Force science and technology program that does not address 
either the long-term challenges or the short-term objectives. 
(4) The matters required under subsection (c)(5) and (d)(6). 
(c) LONG-TERM CHALLENGES.—(1) The Secretary of the Air 
Force shall establish an integrated product team to identify high-
risk, high-payoff challenges that will provide a long-term focus 
and motivation for the Air Force science and technology programs 
over the next 20 to 50 years following the enactment of this Act. 
The integrated product team shall include representatives of the 
Office of Scientific Research and personnel from the Air Force 
Research Laboratory. 
(2) The team shall solicit views from the entire Air Force 
science and technology community on the matters under consider-
ation by the team. 
(3) The team— 
(A) shall select for consideration science and technology 
challenges that involve— 
(i) compelling requirements of the Air Force; 
(ii) high-risk, high-payoff areas of exploration; and 
(iii) very difficult, but probably achievable, results; and 
(B) should not select a linear extension of any ongoing 
Air Force science and technology program for consideration 
as a science and technology challenge under subparagraph (A). 
(4) The Deputy Assistant Secretary of the Air Force for Science, 
Technology, and Engineering shall designate a technical coordinator 
and a management coordinator for each science and technology 
challenge identified pursuant to this subsection. Each technical 
coordinator shall have sufficient expertise in fields related to the 
challenge to be able to identify other experts in such fields and 
to affirm the credibility of the challenge. The coordinator for a 
science and technology challenge shall conduct workshops within 
the relevant scientific and technological community to obtain 
suggestions for possible approaches to addressing the challenge 
and to identify ongoing work that addresses the challenge, defi-
ciencies in current work relating to the challenge, and promising 
areas of research. 
(5) In carrying out subsection (a), the Secretary of the Air 
Force shall review the science and technology challenges identified 
pursuant to this subsection and, for each such challenge, at a 
minimum— 
(A) consider the results of the workshops conducted pursu-
ant to paragraph (4); and 
(B) identify any work not currently funded by the Air 
Force that should be performed to meet the challenge. 
(d) SHORT-TERM OBJECTIVES.—(1) The Secretary of the Air 
Force shall establish a task force to identify short-term technological 
114 STAT. 1654A-48 
PUBLIC LAW 106-398—APPENDIX 
objectives of the Air Force science and technology programs. The 
task force shall be chaired by the Deputy Assistant Secretary of 
the Air Force for Science, Technology, and Engineering and shall 
include representatives of the Chief of Staff of the Air Force and 
the specified combatant commands of the Air Force. 
(2) The task force shall solicit views from the entire Air Force 
requirements community, user community, and acquisition commu-
nity. 
(3) The task force shall select for consideration short-term 
objectives that involve— 
(A) compelling requirements of the Air Force; 
(B) support in the user community; and 
(C) likely attainment of the desired benefits within a five-
year period. 
(4) The Deputy Assistant Secretary of the Air Force for Science, 
Technology, and Engineering shall establish an integrated product 
team for each short-term objective identified pursuant to this sub-
section. Each integrated product team shall include representatives 
of the requirements community, the user community, and the 
science and technology community with relevant expertise. 
(5) The integrated product team for a short-term objective shall 
be responsible for— 
(A) identifying, defining, and prioritizing the enabling 
capabilities that are necessary for achieving the objective; 
(B) identifying deficiencies in the enabling capabilities that 
must be addressed if the short-term objective is to be achieved; 
and 
(C) working with the Air Force science and technology 
community to identify science and technology projects and pro-
grams that should be undertaken to eliminate each deficiency 
in an enabling capability. 
(6) In carrying out subsection (a), the Secretary of the Air 
Force shall review the short-term science and technology objectives 
identified pursuant to this subsection and, for each such objective, 
at a minimum— 
(A) consider the work of the integrated product team con-
ducted pursuant to paragraph (5); and 
(B) identify the science and technology work of the Air 
Force that should be undertaken to eliminate each deficiency 
in enabling capabilities that is identified by the integrated 
product team pursuant to subparagraph (B) of that paragraph. 
(e) COMPTROLLER GENERAL REVIEW.—(1) Not later than 90 
days after the Secretary of the Air Force completes the review 
required by subsection (a), the Comptroller General shall submit 
to Congress a report on the results of the review. The report 
shall include the Comptroller General's assessment regarding the 
extent to which the review was conducted in compliance with the 
requirements of this section. 
(2) Immediately upon completing the review required by sub-
section (a), the Secretary of Defense shall notify the Comptroller 
General of the completion of the review. For the purposes of para-
graph (1), the date of the notification shall be considered the date 
of the completion of the review. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-49 
SEC. 253. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION 
PARTNERSHIPS FOR PURPOSES OF ENCOURAGING SCI-
ENTIFIC STUDY. 
(a) ASSISTANCE IN SUPPORT OF PARTNERSHIPS.—Subsection (b) 
of section 2194 of title 10, United States Code, is amended— 
(1) in the matter preceding paragraph (1), by inserting 
", and is encouraged to provide," after "may provide"; 
(2) in paragraph (1), by inserting before the semicolon 
the following: "for any purpose and duration in support of 
such agreement that the director considers appropriate"; and 
(3) by striking paragraph (2) and inserting the following 
new paragraph (2): 
"(2) notwithstanding the provisions of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 471 et 
seq.) or any provision of law or regulation relating to transfers 
of surplus property, transferring to the institution any computer 
equipment, or other scientific equipment, that is— 
"(A) commonly used by educational institutions; 
"(B) surplus to the needs of the defense laboratory; 
and 
"(C) determined by the director to be appropriate for 
support of such agreement;". 
(b) DEFENSE LABORATORY DEFINED.—Subsection (e) of that sec-
tion is amended to read as follows: 
"(e) In this section: 
"(1) The term 'defense laboratory' means any laboratory, 
product center, test center, depot, training and educational 
organization, or operational command under the jurisdiction 
of the Department of Defense. 
"(2) The term 'local educational agency' has the meaning 
given such term in section 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 8801).". 
SEC. 254. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO 
NAVAL RESEARCH EFFORTS DURING THE PERIOD FROM 
BEFORE WORLD WAR II THROUGH THE END OF THE 
COLD WAR. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The contributions of the Nation's scientific community 
and of science research to the victory of the United States 
and its allies in World War II resulted in the understanding 
that science and technology are of critical importance to the 
future security of the Nation. 
(2) Academic institutions and oceanographers provided vital 
support to the Navy and the Marine Corps during World War 
II. 
(3) Congress created the Office of Naval Research in the 
Department of the Navy in 1946 to ensure the availability 
of resources for research in oceanography and other fields 
related to the missions of the Navy and Marine Corps. 
(4) The Office of Naval Research of the Department of 
the Navy, in addition to its support of naval research within 
the Federal Government, has also supported the conduct of 
oceanographic and scientific research through partnerships 
with educational and scientific institutions throughout the 
Nation. 
114 STAT. 1654A-50 
PUBLIC LAW 106-398—APPENDIX 
(5) These partnerships have long been recognized as among 
the most innovative and productive research partnerships ever 
estabhshed by the Federal Government and have resulted in 
a vast improvement in understanding of basic ocean processes 
and the development of new technologies critical to the security 
and defense of the Nation. 
(b) 
CONGRESSIONAL 
RECOGNITION 
AND 
APPRECIATION.— 
Congress— 
(1) applauds the commitment and dedication of the officers, 
scientists, researchers, students, and administrators who were 
instrumental to the program of partnerships for oceanographic 
and scientific research between the Federal Government and 
academic institutions, including those individuals who helped 
forge that program before World War II, implement it during 
World War II, and improve it throughout the Cold War; 
(2) recognizes that the Nation, in ultimately prevailing 
in the Cold War, relied to a significant extent on research 
supported by, and technologies developed through, those part-
nerships and, in particular, on the superior understanding of 
the ocean environment generated through that research; 
(3) supports efforts by the Secretary of the Navy and the 
Chief of Naval Research to honor those individuals, who contrib-
uted so greatly and unselfishly to the naval mission and the 
national defense, through those partnerships during the period 
beginning before World War II and continuing through the 
end of the Cold War; and 
(4) expresses appreciation for the ongoing efforts of the 
Office of Naval Research to support oceanographic and scientific 
research and the development of researchers in those fields, 
to ensure that such partnerships will continue to make impor-
tant contributions to the defense and the general welfare of 
the Nation. 
TITLE III—OPERATION AND 
MAINTENANCE 
SUBTITLE A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Transfer from National Defense Stockpile Transaction Fund. 
Sec. 305. Joint warfighting capabilities assessment teams. 
SUBTITLE B—ENVIRONMENTAL PROVISIONS 
Sec. 311. Establishment of additional environmental restoration account and use of 
accounts for operation and monitoring of environmental remedies. 
Sec. 312. Certain environmental restoration activities. 
Sec. 313. Annual reports under Strategic Environmental Research and Develop-
ment Program. 
Sec. 314. Payment of fines and penalties for environmental compliance at Fort 
Wainwright, Alaska. 
Sec. 315. Payment of fines or penalties imposed for environmental compliance vio-
lations at other Department of Defense facilities. 
Sec. 316. Reimbursement 
for 
certain 
costs in connection with 
the 
former 
Nansemond Ordnance Depot Site, Suffolk, Virginia. 
Sec. 317. Necessity of military low-level flight training to protect national security 
and enhance military readiness. 
Sec. 318. Ship disposal project. 
Sec. 319. Defense Environmental Security Corporate Information Management Pro-
gram. 
PUBLIC LAW 106-398—APPENDDC 
114 STAT. 1654A-51 
Sec. 320. Report on Plasma Energy Pyrolysis System. 
Sec. 321. Sense of Congress regarding environmental restoration of former defense 
manufacturing site, Santa Clarita, California. 
SUBTITLE C—COMMISSARIES AND NONAPPROPRIATED FUND INSTRUMENTAUTIES 
Sec. 331. Use of appropriated funds to cover operatit^ expenses of commissary 
stores. 
Sec. 332. Adjustment of sales prices of commissary store goods and services to 
cover certain expenses. 
Sec. 333. Use of surcharges for construction and improvement of commissary 
stores. 
Sec. 334. Inclusion of magazines and other periodicals as an authorized commissary 
merchandise category. 
Sec. 335. Use of most economical distribution method for distilled spirits. 
Sec. 336. Report on effects of availability of slot machines on United States military 
installations overseas. 
SUBTITLE D—DEPARTMENT OF DEFENSE INDUSTRIAL FACILITIES 
Sec. 341. Designation of Centers of Industrial and Technical Excellence and public-
private peirtnerships to increase utilization of such centers. 
Sec. 342. Unutilized and underutiUzed plant-capacity costs of United States arse-
nals. 
Sec. 343. Arsenal support program initiative. 
Sec. 344. Codification and improvement of armament retooling and manufacturing 
support programs. 
SUBTITLE E—PERFORMANCE OF FUNCTIONS BY PRIVATE-SECTOR SOURCES 
Sec. 351. Inclusion of additional information in reports to Congress required before 
conversion of commercial or industrial t3rpe functions to contractor per-
formance. 
Sec. 352. Effects of outsourcing on overhead costs of Centers of Industrial and 
Technical Excellence and Army ammunition plants. 
Sec. 353. Consolidation, restructuring, or reengineering of Department of Defense 
organizations, functions, or activities. 
Sec. 354. Monitoring of savings resulting from workforce reductions as part of con-
version of functions to performance by private sector or other strategic 
sourcing initiatives. 
Sec. 355. Performance of emergency response functions at chemical weapons stor-
age installations. 
Sec. 356. Suspension of reorganization or relocation of Naval Audit Service, 
SUBTITLE F—DEFENSE DEPENDENTS EDUCATION 
Sec. 361. EUgibility of dependents of American Red Cross employees for enrollment 
in Department of Defense domestic dependent schools in Puerto Rico. 
Sec. 362. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian employees. 
Sec. 363. Impact aid for children with severe disabilities. 
Sec. 364. Assistance for maintenance, repair, and renovation of school facilities that 
serve dependents of members of the Armed Forces and Department of 
Defense civilian employees. 
SUBTITLE G—^MILITARY READINESS ISSUES 
Sec. 371. Measuring cannibalization of parts, supplies, and equipment under readi-
ness reporting system. 
Sec. 372. Reporting requirements regarding transfers from high-priority readiness 
appropriations. 
Sec. 373. Effects of worldwide contingency operations on readiness of military air-
craft and equipment. 
Sec. 374. Identification of requirements to reduce backlog in maintenance and re-
pair of defense facilities. 
Sec. 375. New methodology for preparing budget requests to satisfy Army readiness 
requirements. 
Sec. 376. Review of AH-64 aircraft program. 
Sec. 377. Report on Air Force spare and repair parts program for C-5 aircraft. 
SUBTITLE H—OTHER MATTERS 
Sec. 381. Annual report on public sale of certain military equipment identified on 
United States Munitions List. 
Sec. 382. Resale of armor-piercing ammunition disposed of by the Army. 
Sec. 383. Reimbursement by civil air carriers for support provided at Johnston 
Atoll. 
114 STAT. 1654A-52 
PUBLIC LAW 106-398—APPENDIX 
Sec. 384. Travel by Reserves on military aircraft. 
Sec. 385. Overseas airlift service on Civil Reserve Air Fleet aircraft. 
Sec. 386. Additions to plan for ensuring visibility over all in-transit end items and 
secondary items. 
Sec. 387. Reauthorization of pilot program for acceptance and use of landing fees 
charged for use of domestic military airfields by civil aircraft. 
Sec. 388. Extension of authority to sell certain aircraft for use in wildfire suppres-
sion. 
Sec. 389. Damage to aviation facilities caused by alkali silica reactivity. 
Sec. 390. Demonstration project to increase reserve component internet access and 
services in rural communities. 
Sec. 391. Additional conditions on implementation of Defense Joint Accounting Sys-
tem. 
Sec. 392. Report on Defense Travel System. 
Sec. 393. Review of Department of Defense costs of maintaining historical prop-
erties. 
Subtitle A—^Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not otherwise 
provided for, for operation and maintenance, in amounts as follows: 
(1) For the Army, $19,280,381,000. 
(2) For the Navy, $23,766,610,000. 
(3) For the Marine Corps, $2,826,291,000. 
(4) For the Air Force, $22,395,221,000. 
(5) For Defense-wide activities, $11,740,569,000. 
(6) For the Army Reserve, $1,561,418,000. 
(7) For the Naval Reserve, $978,946,000. 
(8) For the Marine Corps Reserve, $144,159,000. 
(9) For the Air Force Reserve, $1,903,859,000. 
(10) For the Army National Guard, $3,233,835,000. 
(11) For the Air National Guard, $3,468,375,000. 
(12) For the Defense Inspector General, $144,245,000. 
(13) For the United States Court of Appeals for the Armed 
Forces, $8,574,000. 
(14) For Environmental Restoration, Army, $389,932,000. 
(15) For Environmental Restoration, Navy, $294,038,000. 
(16) 
For 
Environmental 
Restoration, 
Air 
Force, 
$376,300,000. 
(17) 
For 
Environmental 
Restoration, 
Defense-wide, 
$21,412,000. 
(18) For Environmental 
Restoration, 
Formerly 
Used 
Defense Sites, $231,499,000. 
(19) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $55,900,000. 
(20) For Drug Interdiction and Counter-drug Activities, 
Defense-wide, $869,000,000. 
(21) For the Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Trust Fund, $25,000,000. 
(22) For Defense Health Program, $11,480,123,000. 
(23) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$443,400,000. 
(24) For Overseas Contingency Operations Transfer Fund, 
$4,100,577,000. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-53 
(25) For Quality of Life Enhancements, Defense-wide, 
$10,500,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $916,276,000. 
(2) For the National Defense Sealift Fund, $388,158,000. 
SEC. 303. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2001 from the Armed Forces Retirement Home Trust Fund the 
sum of $69,832,000 for the operation of the Armed Forces Retire-
ment Home, including the United States Soldiers' and Airmen's 
Home and the Naval Home. 
SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANS-
ACTION FUND. 
(a) TRANSFER AUTHORITY.—To the extent provided in appropria-
tions Acts, not more than $150,000,000 is authorized to be trans-
ferred from the National Defense Stockpile Transaction Fund to 
operation and maintenance accounts for fiscal year 2001 in amounts 
as follows: 
(1) For the Army, $50,000,000. 
(2) For the Navy, $50,000,000. 
(3) For the Air Force, $50,000,000. 
(b) TREATMENT OF TRANSFERS.—^Amounts transferred under 
this section— 
(1) shall be merged with, and be available for the same 
purposes and the same period as, the amounts in the accounts 
to which transferred; and 
(2) may not be expended for an item that has been denied 
authorization of appropriations by Congress. 
(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The trans-
fer authority provided in this section is in addition to the transfer 
authority provided in section 1001. 
SEC. 305. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS. 
Of the total amount authorized to be appropriated under section 
301(5) for operation and maintenance for Defense-wide activities 
for the Joint Staff, $4,000,000 is available only for the improvement 
of the performance of analyses by the joint warfighting capabilities 
assessment teams of the Joint Requirements Oversight Council. 
Subtitle B—Environmental Provisions 
SEC. 311. ESTABLISHMENT OF ADDITIONAL ENVIRONMENTAL RES-
TORATION ACCOUNT AND USE OF ACCOUNTS FOR OPER-
ATION AND MONITORING OF ENVIRONMENTAL REM-
EDIES. 
(a) ACCOUNT FOR FORMERLY USED DEFENSE SITES.—Subsection 
(a) of section 2703 of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(5) An account to be known as the 'Environmental Restora-
tion Account, Formerly Used Defense Sites'.". 
114 STAT. 1654A-54 
PUBLIC LAW 106-398—APPENDIX 
(b) 
OPERATION AND MONITORING OF ENVIRONMENTAL REM-
EDIES.—Such section is further amended by adding at the end 
the following new subsection: 
"(f) SOLE SOURCE OF FUNDS FOR OPERATION AND MONITORING 
OF ENVIRONMENTAL REMEDIES.—(1) The sole source of funds for 
all phases of an environmental remedy at a site under the jurisdic-
tion of the Department of Defense or a formerly used defense 
site shall be the applicable environmental restoration account estab-
lished under subsection (a). 
"(2) In this subsection, the term 'environmental remedy' has 
the meaning given the term 'remedy' in section 101 of CERCLA 
(42 U.S.C. 9601).". 
SEC. 312. CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES. 
Subsection (b) of section 2703 of title 10, United States Code, 
is amended to read as follows: 
"(b) OBLIGATION OF AUTHORIZED AMOUNTS.—(1) Funds author-
ized for deposit in an account under subsection (a) may be obligated 
or expended from the account only— 
"(A) to carry out the environmental restoration functions 
of the Secretary of Defense and the Secretaries of the military 
departments under this chapter and under any other provision 
of law; and 
"(B) to pay for the costs of permanently relocating a facility 
because of a release or threatened release of hazardous sub-
stances, pollutants, or contaminants from— 
"(i) real property on which the facility is located and 
that is currently under the jurisdiction of the Secretary 
of Defense or the Secretary of a military department; or 
"(ii) real property on which the facility is located and 
that was under the jurisdiction of the Secretary of Defense 
or the Secretary of a military department at the time 
of the actions leading to the release or threatened release. 
"(2) The authority provided by paragraph (1)(B) expires Septem-
ber 30, 2003. The Secretary of Defense or the Secretary of a military 
department may not pay the costs of permanently relocating a 
facility under such paragraph unless the Secretary— 
"(A) determines that permanent relocation— 
"(i) is the most cost effective method of responding 
to the release or threatened release of hazardous sub-
stances, pollutants, or contaminants from the real property 
on which the facility is located; 
"(ii) has the approval of relevant regulatory agencies; 
and 
"(iii) is supported by the affected community; and 
"(B) submits to Congress written notice of the determina-
tion before undertaking the permanent relocation of the facility, 
including a description of the response action taken or to be 
taken in connection with the permanent relocation and a state-
ment of the costs incurred or to be incurred in connection 
with the permanent relocation. 
"(3) If relocation costs are to be paid under paragraph (1)(B) 
with respect to a facility located on real property described in 
clause (ii) of such paragraph, the Secretary of Defense or the Sec-
retary of the military department concerned may use only fund 
transfer mechanisms otherwise available to the Secretary. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-55 
"(4) Funds authorized for deposit in an account under sub-
section (a) shall remain available until expended. Not more than 
5 percent of the funds deposited in an account under subsection 
(a) for a fiscal year may be used to pay relocation costs under 
paragraph (1)(B).". 
SEC. 
313. 
ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL 
RESEARCH 
AND 
DEVELOPMENT 
PROGRAM. 
(a) REPEAL OF REQUIREMENT FOR ANNUAL REPORT FROM SCI-
ENTIFIC ADVISORY BOARD.—Section 2904 of title 10, United States 
Code, is amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsection (i) as subsection (h). 
(b) INCLUSION OF ACTIONS OF BOARD IN ANNUAL REPORTS OF 
COUNCIL.—Section 2902(d)(3) of such title is amended by adding 
at the end the following new subparagraph: 
"(D) A summary of the actions of the Strategic Environ-
mental Research and Development Program Scientific 
Advisory Board during the year preceding the year in which 
the report is submitted and any recommendations, includ-
ing recommendations on program direction and legislation, 
that the Advisory Board considers appropriate regarding 
the program.". 
SEC. 314. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL 
C O M P L I A N C E AT F O R T WAINWRIGHT, ALASKA. 
The Secretary of Defense, or the Secretary of the Army, may 
pay, as part of a settlement of liability, a fine or penalty of not 
more than $2,000,000 for matters addressed in the Notice of Viola-
tion issued on March 5, 1999, by the Administrator of the Environ-
mental Protection Agency to Fort Wainwright, Alaska. 
SEC 315. PAYMENT OF FINES OR PENALTIES IMPOSED FOR ENVIRON-
MENTAL COMPLIANCE VIOLATIONS AT OTHER DEPART-
MENT OF DEFENSE FACILITIES. 
(a) ARMY VIOLATIONS.—Using amounts authorized to be appro-
priated by section 301(1) for operation and maintenance for the 
Army, the Secretary of the Army may pay the following amounts 
in connection with environmental compliance violations at the fol-
lowing locations: 
(1) $993,000 for a supplemental environmental project to 
implement an installation-wide hazardous substance manage-
ment system at Walter Reed Army Medical Center, Washington, 
District of Columbia, in satisfaction of a fine imposed by 
Environmental Protection Agency Region 3 under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.). 
(2) $377,250 for a supplemental environmental project to 
install new parts washers at Fort Campbell, Kentucky, in satis-
faction of a fine imposed by Environmental Protection Agency 
Region 4 under the Solid Waste Disposal Act. 
(3) $20,701 for a supplemental environmental project to 
upgrade the wastewater treatment plant at Fort Gordon, Geor-
gia, in satisfaction of a fine imposed by the State of Georgia 
under the Solid Waste Disposal Act. 
(4) $78,500 for supplemental environmental projects to 
reduce the generation of hazardous waste at Pueblo Chemical 
Depot, Colorado, in satisfaction of a fine imposed by the State 
of Colorado under the Solid Waste Disposal Act. 
79-194O-00-4:QL3Part3 
114 STAT. 1654A-56 
PUBLIC LAW 106-398—APPENDIX 
(5) $20,000 for a supplemental environmental project to 
repair cracks in floors of igloos used to store munitions hazard-
ous waste at Deseret Chemical Depot, Utah, in satisfaction 
of a fine imposed by the State of Utah under the Solid Waste 
Disposal Act. 
(6) $7,975 for payment to the Texas Natural Resource 
Conservation Commission of a cash penalty for permit viola-
tions assessed with respect to Fort Sam Houston, Texas, under 
the Solid Waste Disposal Act. 
(b) NAVY VIOLATIONS.—Using amounts authorized to be appro-
priated by section 301(2) for operation and maintenance for the 
Navy, the Secretary of the Navy may pay the following amounts 
in connection with environmental compliance violations at the fol-
lowing locations: 
(1) $108,800 for payment to the West Virginia Division 
of Environmental Protection of a cash penalty with respect 
to Allegany Ballistics Laboratory, West Virginia, under the 
Solid Waste Disposal Act. 
(2) $5,000 for pajTuent to Environmental Protection Agency 
Region 6 of a cash penalty with respect to Naval Air Station, 
Corpus Christi, Texas, under the Clean Air Act (42 U.S.C. 
7401). 
(3) $1,650 for payment to Environmental Protection Agency 
Region 3 of a cash penalty with respect to Marine Corps Combat 
Development Command, Quantico, Virginia, under the Clean 
Air Act. 
SEC. 316. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION 
WITH THE FORMER NANSEMOND ORDNANCE 
DEPOT 
SITE, SUFFOLK, VIRGINIA. 
(a) AUTHORITY.—The Secretary of Defense may pay, using funds 
described in subsection (b), not more than $98,210 to the Former 
Nansemond Ordnance Depot Site Special Account within the 
Hazardous Substance Superfund established by section 9507 of 
the Internal Revenue Code of 1986 (26 U.S.C. 9507) to reimburse 
the Environmental Protection Agency for costs incurred by the 
agency in overseeing a time critical removal action under CERCLA 
being performed by the Department of Defense under the Defense 
Environmental Restoration Program for ordnance and explosive 
safety hazards at the Former Nansemond Ordnance Depot Site, 
Suffolk, Virginia, pursuant to an Interagency Agreement entered 
into by the Department of the Army and the Environmental Protec-
tion Agency on January 3, 2000. 
(b) SOURCE OF FUNDS.—^Any payment under subsection (a) shall 
be made using amounts authorized to be appropriated by section 
301 to the Environmental Restoration Account, Formerly Used 
Defense Sites, established by paragraph (5) of section 2703(a) of 
title 10, United States Code, as added by section 311(a) of this 
Act. 
(c) DEFINITIONS.—In this section: 
(1) The term "CERCLA" means the Comprehensive 
Environmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.). 
(2) The term "Defense Environmental Restoration Program" 
means the program of environmental restoration carried out 
under chapter 160 of title 10, United States Code. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-57 
SEC. 317. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO 
PROTECT NATIONAL SECURITY AND ENHANCE MILITARY 
READINESS. 
Nothing in the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) or the regulations implementing such 
law shall require the Secretary of Defense or the Secretary of 
a military department to prepare a programmatic, nation-wide 
environmental impact statement for low-level flight training as 
a precondition to the use by the Armed Forces of an airspace 
for the performance of low-level training flights. 
SEC. 318. SHIP DISPOSAL PROJECT. 
(a) CONTINUATION OF PROJECT; PURPOSE.—^During fiscal year 
2001, the Secretary of the Navy shall continue to carry out the 
ship disposal project within the United States to permit the Sec-
retary to assemble appropriate data on the cost of scrapping naval 
vessels. 
(b) USE OF COMPETITIVE PROCEDURES.—The Secretary shall 
use competitive procedures to award all task orders under the 
primary contracts under the ship disposal project. 
(c) REPORT.—Not later than December 31, 2000, the Secretary 
shall submit to the congressional defense committees a report on 
the ship disposal project. The report shall contain the following: 
(1) A description of the competitive procedures used for 
the solicitation and award of all task orders under the project. 
(2) A description of the task orders awarded under the 
project. 
(3) An assessment of the results of the project as of the 
date of the report, including the performance of contractors 
under the project. 
(4) The proposed strategy of the Navy for future procure-
ment of ship scrapping activities. 
SEC. 
319. 
DEFENSE 
ENVIRONMENTAL 
SECURITY 
CORPORATE 
INFORMATION MANAGEMENT PROGRAM. 
(a) MANAGEMENT AND OVERSIGHT OF PROGRAM.—The Chief 
Information Officer of the Department of Defense shall ensure 
that management and oversight of the Defense Environmental Secu-
rity Corporate Information Management Program is consistent with 
the requirements of the Clinger-Cohen Act of 1996 (divisions D 
and E of Public Law 104^106), section 2223 of title 10, United 
States Code, Department of Defense Directives 5000.1, 5000.2-R, 
and 5137.1, and all other laws, directives, regulations, and manage-
ment controls applicable to investment in information technology 
and related services. 
(b) PROGRAM REPORT REQUIRED.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the 
Defense 
Environmental 
Security 
Corporate 
Information 
Management Program. 
(c) MISSION.—The report shall include a mission statement 
and strategic objectives for the Defense Environmental Security 
Corporate Information Management Program, including the rec-
ommendations of the Secretary for the future mission and objectives 
of the Program. 
(d) PERSONNEL, ORGANIZATION, AND OVERSIGHT.—The report 
shall include— 
114 STAT. 1654A-58 
PUBLIC LAW 106-398—APPENDIX 
(1) the personnel requirements and organizational struc-
ture of the Defense Environmental Security Corporate Informa-
tion Management Program to carry out the mission statement; 
and 
(2) a discussion of— 
(A) the means by which the Program will ensure pro-
gram accountability, including accountability for all past, 
current, and future activities funded under the Program; 
and 
(B) the role of the Chief Information Officer of the 
Department of Defense in ensuring program accountability 
as required by subsection (a). 
(e) PROGRAM ACTIVITIES.—The report shall include a discussion 
of the means by which the Defense Environmental Security Cor-
porate Information Management Program will address or provide— 
(1) information access procedures that keep pace with cur-
rent and evolving requirements for information access; 
(2) data standardization and systems integration; 
(3) product failures and cost-effective results; 
(4) user confidence and utilization; and 
(5) program continuity. 
SEC. 320. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM. 
(a) REPORT REQUIRED.—Not later than February 1, 2001, the 
Secretary of the Army shall submit to the congressional defense 
committees a report on the Plasma Energy Pyrolysis System. 
(b) REPORT ELEMENTS.—The report on the Plasma Energy 
Pyrolysis System shall include the following: 
(1) An analysis of available information and data on the 
fixed-transportable unit demonstration phase of the System 
and on the mobile unit demonstration phase of the System. 
(2) Recommendations regarding future applications for each 
phase of the System described in paragraph (1). 
(3) A statement of the projected funding for such future 
applications. 
SEC. 321. SENSE OF CONGRESS REGARDING ENVIRONMENTAL RES-
TORATION OF FORMER DEFENSE MANUFACTURING SITE, 
SANTA CLARITA, CALIFORNIA. 
It is the sense of the Congress that— 
(1) there exists a 1,000-acre former defense manufacturing 
site in Santa Clarita, California (known as the "Santa Clarita 
site"), that could be environmentally restored to serve a future 
role in the community, and every effort should be made to 
apply all known public and private sector innovative tech-
nologies to restore the Santa Clarita site to productive use 
for the benefit of the community; and 
(2) the experience gained from environmental restoration 
at the Santa Clarita site by private and public sector partner-
ships has the potential to benefit not only the community 
of Santa Clarita, but all sites in need of environmental restora-
tion. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-59 
Subtitle C—Commissaries and 
Nonappropriated Fund Instrumentalities 
SEC. 331. USE OF APPROPRIATED FUNDS TO COVER OPERATING 
EXPENSES OF COMMISSARY STORES. 
(a) IN GENERAL.—(1) Section 2484 of title 10, United States 
Code, is amended to read as follows: 
"§2484. Commissary stores: use of appropriated funds to 
cover operating expenses 
"(a) OPERATION OF AGENCY AND SYSTEM.—Except as otherwise 
provided in this title, the operation of the Defense Commissary 
Agency and the defense commissary system may be funded using 
such amounts as are appropriated for such purpose. 
"(b) OPERATING EXPENSES OF COMMISSARY STORES.—Appro-
priated funds may be used to cover the expenses of operating 
commissary stores and central product processing facilities of the 
defense commissary system. For purposes of this subsection, operat-
ing expenses include the following: 
"(1) Salaries and wages of employees of the United States, 
host nations, and contractors supporting commissary store oper-
ations. 
"(2) Utilities. 
"(3) Communications. 
"(4) Operating supplies and services. 
"(5) Second destination transportation costs within or out-
side the United States. 
"(6) Any cost associated with above-store-level management 
or other indirect support of a commissary store or a central 
product processing facility, including equipment maintenance 
and information technology costs.". 
(2) The table of sections at the beginning of chapter 147 of 
such title is amended by striking the item relating to section 2484 
and inserting the following new item: 
"2484. Commissary stores: use of appropriated funds to cover operating expenses.". 
(b) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect on October 1, 2001. 
SEC. 332. A D J U S T M E N T OF SALES PRICES OF COMMISSARY STORE 
GOODS AND SERVICES TO COVER CERTAIN EXPENSES. 
(a) ADJUSTMENT REQUIRED.—Section 2486 of title 10, United 
States Code, is amended— 
(1) in subsection (c), by striking "section 2484(b) or" and 
inserting "subsection (d) or section"; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking "sections 2484 and" 
and inserting "section"; and 
(B) by adding at the end the following new paragraph: 
"(3) The sales price of merchandise and services sold in, at, 
or by commissary stores shall be adjusted to cover the following: 
"(A) The cost of first destination commercial transportation 
of the merchandise in the United States to the place of sale. 
"(B) The actual or estimated cost of shrinkage, spoilage, 
and pilferage of merchandise under the control of commissary 
stores.". 
114 STAT. 1654A-60 
PUBLIC LAW 106-398—APPENDIX 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2001. 
SEC. 333. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVE-
MENT OF COMMISSARY STORES. 
(a) EXPANSION CF AUTHORIZED USES.—Subsection (b) of section 
2685 of title 10, United States Code, is amended to read as follows: 
"(b) 
USE FOR 
CONSTRUCTION, REPAIR, 
IMPROVEMENT, AND 
MAINTENANCE.—(1) The Secretary of Defense may use the proceeds 
from the adjustments or surcharges authorized by subsection (a) 
only— 
"(A) to acquire (including acquisition by lease), construct, 
convert, expand, improve, repair, maintain, and equip the phys-
ical infrastructure of commissary stores and central product 
processing facilities of the defense commissary system; and 
"(B) to cover environmental evaluation and construction 
costs related to activities described in paragraph (1), including 
costs for surveys, administration, overhead, planning, and 
design. 
"(2) In paragraph (1), the term 'physical infrastructure' includes 
real property, utilities, and equipment (installed and free standing 
and including computer equipment), necessary to provide a complete 
and usable commissary store or central product processing facility.". 
(b) AUTHORITY OF SECRETARY OF DEFENSE.—Such section is 
further amended— 
(1) in subsection (a), by striking "Secretary of a military 
department, under regulations established by him and approved 
by the Secretary of Defense," and inserting "Secretary of 
Defense"; 
(2) in subsection (c)— 
(A) by striking "Secretary of a military department, 
with the approval of the Secretary of Defense and" and 
inserting "Secretary of Defense, with the approval of"; and 
(B) by striking "Secretary of the military department 
determines" and inserting "Secretary determines"; and 
(3) in subsection (d)(1), by striking "Secretary of a military 
department" and inserting "Secretary of Defense". 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2001. 
SEC. 334. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS 
AN 
AUTHORIZED 
COMMISSARY 
MERCHANDISE 
CAT-
EGORY. 
(a) ADDITIONAL AUTHORIZED CATEGORY.—Subsection (b) of sec-
tion 2486 of title 10, United States Code, is amended— 
(1) by redesignating paragraph (11) as paragraph (12); 
and 
(2) by inserting after paragraph (10) the following new 
paragraph: 
"(11) Magazines and other periodicals.". 
(b) CONFORMING AMENDMENTS.—Subsection (f) of such section 
is amended— 
(1) by striking "(1)" before "Notwithstanding"; 
(2) by striking "items in the merchandise categories speci-
fied in paragraph (2)" and inserting "tobacco products"; and 
(3) by striking paragraph (2). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-61 
SEC. 335. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR 
DISTILLED SPIRITS. 
Section 2488(c) of title 10, United States Code, is amended— 
(1) by striking paragraph (2); and 
(2) by redesignating paragraph (3) as paragraph (2). 
SEC. 336. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES 
ON UNITED STATES MILITARY INSTALLATIONS OVER-
SEAS. 
(a) REPORT REQUIRED.—^Not later than March 31, 2001, the 
Secretary of Defense shall submit to Congress a report evaluating 
the effect that the ready availability of slot machines as a morale, 
welfare, and recreation activity on United States military installa-
tions outside of the United States has on members of the Armed 
Forces, their dependents, and other persons who use such slot 
machines, the morale of military communities overseas, and the 
personal financial stability of members of the Armed Forces. 
(b) MATTERS TO BE INCLUDED.—The Secretary shall include 
in the report— 
(1) an estimate of the number of persons who used such 
slot machines during the preceding two years and, of such 
persons, the percentage who were enlisted members (shown 
both in the aggregate and by pay grade), officers (shown both 
in the aggregate and by pay grade), Department of Defense 
civilians, other United States persons, and foreign nationals; 
(2) to the extent feasible, information with respect to mili-
tary personnel referred to in paragraph (1) showing the number 
(as a percentage and by pay grade) who have— 
(A) sought financial services counseling at least par-
tially due to the use of such slot machines; 
(B) qualified for Government financial assistance at 
least partially due to the use of such slot machines; or 
(C) had a personal check returned for insufficient funds 
or received any other nonpayment notification from a credi-
tor at least partially due to the use of such slot machines; 
and 
(3) to the extent feasible, information with respect to the 
average amount expended by each category of persons referred 
to in paragraph (1) in using such slot machines per visit, 
to be shown by pay grade in the case of military personnel. 
Subtitle D—^Department of Defense 
Industrial Facilities 
SEC. 341. DESIGNATION OF CENTERS OF INDUSTRIAL AND TECHNICAL 
EXCELLENCE AND PUBLIC-PRIVATE PARTNERSHIPS TO 
INCREASE UTILIZATION OF SUCH CENTERS. 
(a) DESIGNATION METHOD.—Subsection (a) of section 2474 of 
title 10, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking "The Secretary of Defense" and insert-
ing "The Secretary concerned, or the Secretary of Defense 
in the case of a Defense Agency,"; and 
(B) by striking "of the activity" and inserting "of the 
designee"; 
(2) in paragraph (2)— 
114 STAT. 1654A-62 
PUBLIC LAW 106-398—APPENDIX 
(A) by inserting "of Defense" after "The Secretary"; 
and 
(B) by striking "depot-level activities" and inserting 
"Centers of Industrial and Technical Excellence"; and 
(3) in paragraph (3)— 
(A) by striking "depot-level operations" and inserting 
"operations at Centers of Industrial and Technical Excel-
lence"; 
(B) by striking "depot-level activities" and inserting 
"the Centers"; and 
(C) by striking "such activities" and inserting "the Cen-
ters". 
(b) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection (b) of such sec-
tion is amended to read as follows: 
"(b) PUBLIC-PRIVATE PARTNERSHIPS.—(1) To achieve one or more 
objectives set forth in paragraph (2), the Secretary designating 
a Center of Industrial and Technical Excellence under subsection 
(a) may authorize and encourage the head of the Center to enter 
into public-private cooperative arrangements (in this section 
referred to as a 'public-private partnership') to provide for any 
of the following: 
"(A) For employees of the Center, private industry, or other 
entities outside the Department of Defense to perform (under 
contract, subcontract, or otherwise) work related to the core 
competencies of the Center, including any depot-level mainte-
nance and repair work that involves one or more core com-
petencies of the Center. 
"(B) For private industry or other entities outside the 
Department of Defense to use, for any period of time determined 
to be consistent with the needs of the Department of Defense, 
any facilities or equipment of the Center that are not fully 
utilized for a military department's own production or mainte-
nance requirements. 
"(2) The objectives for exercising the authority provided in 
paragraph (1) are as follows: 
"(A) To maximize the utilization of the capacity of a Center 
of Industrial and Technical Excellence. 
"(B) To reduce or eliminate the cost of ownership of a 
Center by the Department of Defense in such areas of respon-
sibility as operations and maintenance and environmental 
remediation. 
"(C) To reduce the cost of products of the Department 
of Defense produced or maintained at a Center. 
"(D) To leverage private sector investment in— 
"(i) such efforts as plant and equipment recapitaliza-
tion for a Center; and 
"(ii) the promotion of the undertaking of commercial 
business ventures at a Center. 
"(E) To foster cooperation between the armed forces and 
private industry. 
"(3) If the Secretary concerned, or the Secretary of Defense 
in the case of a Defense Agency, authorizes the use of public-
private partnerships under this subsection, the Secretary shall sub-
mit to Congress a report evaluating the need for loan guarantee 
authority, similar to the ARMS Initiative loan guarantee program 
under section 4555 of this title, to facilitate the establishment 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-63 
of public-private partnerships and the achievement of the objectives 
set forth in paragraph (2).". 
(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—Such section 
is further amended— 
(1) by striking subsection (d); 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (b) the following new sub-
section (c): 
"(c) PRIVATE SECTOR USE OF EXCESS CAPACITY.—^Any facilities 
or equipment of a Center of Industrial and Technical Excellence 
made available to private industry may be used to perform mainte-
nance or to produce goods in order to make more efficient and 
economical use of Government-owned industrial plants and encour-
age the creation and preservation of jobs to ensure the availability 
of a workforce with the necessary manufacturing and maintenance 
skills to meet the needs of the armed forces.". 
(d) CREDITING OF AMOUNTS FOR PERFORMANCE.—Subsection 
(d) of such section, as redesignated by subsection (c)(2), is amended 
by adding at the end the following new sentences: "Consideration 
in the form of rental payments or (notwithstanding section 3302(b) 
of title 31) in other forms may be accepted for a use of property 
accountable under a contract performed pursuant to this section. 
Notwithstanding section 2667(d) of this title, revenues generated 
pursuant to this section shall be available for facility operations, 
maintenance, and environmental restoration at the Center where 
the leased property is located.". 
(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR 
PARTNERS.—Such section is further amended by adding at the end 
the following new subsections: 
"(e) AVAILABILITY OF EXCESS EQUIPMENT TO PRIVATE-SECTOR 
PARTNERS.—Equipment or facilities of a Center of Industrial and 
Technical Excellence may be made available for use by a private-
sector entity under this section only i
f
— 
"(1) the use of the equipment or facilities will not have 
a significant adverse effect on the readiness of the armed forces, 
as determined by the Secretary concerned or, in the case of 
a Center in a Defense Agency, by the Secretary of Defense; 
and 
"(2) the private-sector entity agrees— 
"(A) to reimburse the Department of Defense for the 
direct and indirect costs (including any rental costs) that 
are attributable to the entity's use of the equipment or 
facilities, as determined by that Secretary; and 
"(B) to hold harmless and indemnify the United States 
from— 
"(i) any claim for damages or injury to any person 
or property arising out of the use of the equipment 
or facilities, except in a case of willful conduct or 
gross negligence; and 
"(ii) any liability or claim for damages or injury 
to any person or property arising out of a decision 
by the Secretary concerned or the Secretary of Defense 
to suspend or terminate that use of equipment or facili-
ties during a war or national emergency. 
"(f) CONSTRUCTION OF PROVISION.—Nothing in this section may 
be construed to authorize a change, otherwise prohibited by law, 
114 STAT. 1654A-64 
PUBLIC LAW 106-398—APPENDIX 
from the performance of work at a Center of Industrial and Tech-
nical Excellence by Department of Defense personnel to performance 
by a contractor.". 
(f) 
USE OF WORKING CAPITAL-FUNDED FACILITIES.—Section 
2208(j)(l) of title 10, United States Code, is amended— 
(1) by striking "contract; and" at the end of subparagraph 
(A) and all that follows through "(B) the solicitation" and insert-
ing "contract, and the solicitation"; 
(2) by striking the period at the end and inserting "; or"; 
and 
(3) by adding at the end the following new subparagraph: 
"(B) the Secretary would advance the objectives set forth 
in section 2474(b)(2) of this title by authorizing the facility 
to do so.". 
(g) REPEAL OF GENERAL AUTHORITY TO LEASE EXCESS DEPOT-
LEVEL EQUIPMENT AND FACILITIES TO OUTSIDE TENANTS.—(1) Sec-
tion 2471 of title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 146 of 
such title is amended by striking the item relating to section 2471. 
SEC. 342. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS 
OF UNITED STATES ARSENALS. 
(a) TREATMENT OF UNUTILIZED AND UNDERUTILIZED PLANT-
CAPACITY COSTS.—Chapter 433 of title 10, United States Code, 
is amended by inserting after section 4540 the following new section: 
"§ 4541. Army arsenals: treatment of unutilized or underuti-
lized plant-capacity costs 
"(a) ESTIMATE OF COSTS.—The Secretary of the Army shall 
include in the budget justification documents submitted to Congress 
in support of the President's budget for a fiscal year submitted 
under section 1105 of title 31 an estimate of the funds to be 
required in that fiscal year to cover unutilized and underutilized 
plant-capacity costs at Aimy arsenals. 
"(b) USE OF FUNDS.—Funds appropriated to the Secretary of 
the Army for a fiscal year to cover unutilized and underutilized 
plant-capacity costs at Army arsenals shall be used in such fiscal 
year only for such costs. 
"(c) TREATMENT OF COSTS.—(1) The Secretary of the Army 
shall not include unutilized and underutilized plant-capacity costs 
when evaluating the bid of an Army arsenal for purposes of the 
arsenal's contracting to provide a good or service to a Government 
agency. 
"(2) When an Army arsenal is serving as a subcontractor to 
a private-sector entity with respect to a good or service to be 
provided to a Government agency, the cost charged by the arsenal 
shall not include unutilized and underutilized plant-capacity costs 
that are funded by a direct appropriation. 
"(d) DEFINITIONS.—In this section: 
"(1) The term 'Army arsenal' means a Government-owned, 
Government-operated defense plant of the Department of the 
Army that manufactures weapons, weapon components, or both. 
"(2) The term 'unutilized and underutilized plant-capacity 
costs' means the costs associated with operating and maintain-
ing the facilities and equipment of an Army arsenal that the 
Secretary of the Army determines are required to be kept 
for mobilization needs, in those months in which the facilities 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-65 
and equipment are not used or are used only 20 percent or 
less of available work days.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 4540 the following new item: 
"4541. Army arsenals: treatment of unutilized or underutilized plant-capacity 
costs.". 
SEC. 343. ARSENAL SUPPORT PROGRAM INITIATIVE. 
(a) DEMONSTRATION PROGRAM REQUIRED.—To help maintain 
the viability of the Army manufacturing arsenals and the unique 
capabilities of these arsenals to support the national security 
interests of the United States, the Secretary of the Army shall 
carry out a demonstration program under this section during fiscal 
years 2001 and 2002 at each manufacturing arsenal of the Depart-
ment of the Army. 
(b) PURPOSES OF DEMONSTRATION PROGRAM.—The purposes of 
the demonstration program are as follows: 
(1) To provide for the utilization of the existing skilled 
workforce at the Army manufacturing arsenals by commercial 
firms. 
(2) To provide for the reemployment and retraining of 
skilled workers who, as a result of declining workload and 
reduced Army spending on arsenal production requirements 
at these Army arsenals, are idled or underemployed. 
(3) To encourage commercial firms, to the maximum extent 
practicable, to use these Army arsenals for commercial pur-
poses. 
(4) To increase the opportunities for small businesses 
(including socially and economically disadvantaged small busi-
ness concerns and new small businesses) to use these Army 
arsenals for those purposes. 
(5) To maintain in the United States a work force having 
the skills in manufacturing processes that are necessary to 
meet industrial emergency planned requirements for national 
security purposes. 
(6) To demonstrate innovative business practices, to sup-
port Department of Defense acquisition reform, and to serve 
as both a model and a laboratory for future defense conversion 
initiatives of the Department of Defense. 
(7) To the maximum extent practicable, to allow the oper-
ation of these Army arsenals to be rapidly responsive to the 
forces of free market competition. 
(8) To reduce or eliminate the cost of Government owner-
ship of these Army arsenals, including the costs of operations 
and maintenance, the costs of environmental remediation, and 
other costs. 
(9) To reduce the cost of products of the Department of 
Defense produced at these Army arsenals. 
(10) To leverage private investment at these Army arsenals 
through long-term facility use contracts, property management 
contracts, leases, or other agreements that support and advance 
the demonstration program for the following activities: 
(A) Recapitalization of plant and equipment. 
(B) Environmental remediation. 
(C) Promotion of commercial business ventures. 
114 STAT. 1654A-66 
PUBLIC LAW 106-398—APPENDIX 
(D) Other activities approved by the Secretary of the 
Army. 
(11) To foster cooperation between the Department of the 
Army, property managers, commercial interests, and State and 
local agencies in the implementation of sustainable develop-
ment strategies and investment in these Army arsenals. 
(c) CONTRACT AUTHORITY.—(1) In the case of each Army manu-
facturing arsenal, the Secretary of the Army may enter into con-
tracts with commercial firms to authorize the contractors, consistent 
with section 4543 of title 10, United States Code— 
(A) to use the arsenal, or a portion of the arsenal, and 
the skilled workforce at the arsenal to manufacture weapons, 
weapon components, or related products consistent with the 
purposes of the program; and 
(B) to enter into subcontracts for the commercial use of 
the arsenal consistent with such purposes. 
(2) A contract under paragraph (1) shall require the contractor 
to contribute toward the operation and maintenance of the Army 
manufacturing arsenal covered by the contract. 
(3) In the event an Army manufacturing arsenal is converted 
to contractor operation, the Secretary may enter into a contract 
with the contractor to authorize the contractor, consistent with 
section 4543 of title 10, United States Code— 
(A) to use the facility during the period of the program 
in a manner consistent with the purposes of the program; 
and 
(B) to enter into subcontracts for the commercial use of 
the facility consistent with such purposes. 
(d) LOAN GUARANTEES.—(1) Subject to paragraph (2), the Sec-
retary of the Army may guarantee the repayment of any loan 
made to a commercial firm to fund, in whole or in part, the 
establishment of a commercial activity at an Army manufacturing 
arsenal under this section. 
(2) Loan guarantees under this subsection may not be commit-
ted except to the extent that appropriations of budget authority 
to cover their costs are made in advance, as required by section 
504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c). 
(3) The Secretary of the Army may enter into agreements 
with the Administrator of the Small Business Administration or 
the Administrator of the Farmers Home Administration, the 
Administrator of the Rural Development Administration, or the 
head of other appropriate agencies of the Department of Agriculture, 
under which such Administrators may, under this subsection— 
(A) process applications for loan guarantees; 
(B) guarantee repayment of loans; and 
(C) provide any other services to the Secretary of the Army 
to administer this subsection. 
(4) An Administrator referred to in paragraph (3) may guaran-
tee loans under this section to commercial firms of any size, notwith-
standing any limitations on the size of applicants imposed on other 
loan guarantee programs that the Administrator administers. To 
the extent practicable, each Administrator shall use the same proce-
dures for processing loan guarantee applications under this sub-
section as the Administrator uses for processing loan guarantee 
applications under other loan guarantee programs that the Adminis-
trator administers. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-67 
(e) LOAN LIMITS.—The maximum amount of loan principal 
guaranteed during a fiscal year under subsection (d) may not 
exceed— 
(1) $20,000,000, with respect to any single borrower; and 
(2) $320,000,000 with respect to all borrowers. 
(f) TRANSFER OF FUNDS.—The Secretary of the Army may trans-
fer to an Administrator providing services under subsection (d), 
and the Administrator may accept, such funds as may be necessary 
to administer loan guarantees under such subsection. 
(g) REPORTING REQUIREMENTS.—(1) Not later than July 1 of 
each year in which a guarantee issued under subsection (d) is 
in effect, the Secretary of the Army shall submit to Congress a 
report specifying the amounts of loans guaranteed under such sub-
section during the preceding calendar year. No report is required 
after fiscal year 2002. 
(2) Not later than July 1, 2001, the Secretary of the Army 
shall submit to the congressional defense committees a report on 
the implementation of the demonstration program. The report shall 
contain a comprehensive review of contracting at the Army manu-
facturing arsenals covered by the program and such recommenda-
tions as the Secretary considers appropriate regarding changes 
to the program. 
SEC. 344. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOL-
ING AND MANUFACTURING SUPPORT PROGRAMS. 
(a) IN GENERAL.—(1) Part IV of subtitle B of title 10, United 
States Code, is amended by inserting after chapter 433 the following 
new chapter: 
"CHAPTER 434—ARMAMENTS INDUSTRIAL BASE 
"Sec. 
"4551. Definitions. 
' 
"4552. Policy. 
"4553. Armament Retooling and Manufacturing Support Initiative. 
"4554. Property management contracts and leases. 
"4555. ARMS Initiative loan guarantee program. 
"§ 4551. Definitions 
"In this chapter: 
"(1) The term 'ARMS Initiative' means the Armament 
Retooling and Manufacturing Support Initiative authorized by 
this chapter. 
"(2) The term 'eligible facility' means a Government-owned, 
contractor-operated ammunition manufacturing facility of the 
Department of the Army that is in an active, inactive, lay 
away, 
or caretaker status. 
"(3) The term 'property manager' includes any person or 
entity managing an eligible facility made available under the 
ARMS Initiative through a property management contract. 
"(4) The term 'property management contract' includes 
facility use contracts, site management contracts, leases, and 
other agreements entered into under the authority of this chap-
ter. 
"(5) The term 'Secretary' means the Secretary of the Army. 
"§4552. Policy 
"It is the policy of the United States— 
114 STAT. 1654A-68 
PUBLIC LAW 106-398—APPENDIX 
"(1) to encourage, to the maximum extent practicable, 
commercial firms to use Government-owned, contractor-oper-
ated ammunition manufacturing facilities of the Department 
of the Army; 
"(2) to use such facilities for supporting programs, projects, 
policies, and initiatives that promote competition in the private 
sector of the United States economy and that advance United 
States interests in the global marketplace; 
"(3) to increase the manufacture of products inside the 
United States; 
"(4) to support policies and programs that provide manufac-
turers with incentives to assist the United States in making 
more efficient and economical use of eligible facilities for 
commercial purposes; 
"(5) to provide, as appropriate, small businesses (including 
socially and economically disadvantaged small business con-
cerns and new small businesses) with incentives that encourage 
those businesses to undertake manufacturing and other indus-
trial processing activities that contribute to the prosperity of 
the United States; 
"(6) to encourage the creation of jobs through increased 
investment in the private sector of the United States economy; 
"(7) to foster a more efficient, cost-effective, and adaptable 
armaments industry in the United States; 
"(8) to achieve, with respect to armaments manufacturing 
capacity, an optimum level of readiness of the national tech-
nology and industrial base within the United States that is 
consistent with the projected threats to the national security 
of the United States and the projected emergency requirements 
of the armed forces; and 
"(9) to encourage facility use contracting where feasible. 
*'§ 4553. Armament Retooling and Manufacturing Support Ini-
tiative 
"(a) AUTHORITY FOR INITIATIVE.—The Secretary may carry out 
a program to be known as the 'Armament Retooling and Manufac-
turing Support Initiative'. 
"(b) PURPOSES.—The purposes of the ARMS Initiative are as 
follows: 
"(1) To encourage commercial firms, to the maximum extent 
practicable, to use eligible facilities for commercial purposes. 
"(2) To increase the opportunities for small businesses 
(including socially and economically disadvantaged small busi-
ness concerns and new small businesses) to use eligible facilities 
for those purposes. 
"(3) To maintain in the United States a work force having 
the skills in manufacturing processes that are necessary to 
meet industrial emergency planned requirements for national 
security purposes. 
"(4) To demonstrate innovative business practices, to sup-
port Department of Defense acquisition reform, and to serve 
as both a model and a laboratory for future defense conversion 
initiatives of the Department of Defense. 
"(5) To the maximum extent practicable, to allow the oper-
ation of eligible facilities to be rapidly responsive to the forces 
of free market competition. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-69 
"(6) To reduce or eliminate the cost of Government owner-
ship of eligible facilities, including the costs of operations and 
maintenance, the costs of environmental remediation, and other 
costs. 
"(7) To reduce the cost of products of the Department 
of Defense produced at eligible facilities. 
"(8) To leverage private investment at eligible facilities 
through long-term facility use contracts, property management 
contracts, leases, or other agreements that support and advance 
the policies and purposes of this chapter, for the following 
activities: 
"(A) Recapitalization of plant and equipment. 
"(B) Environmental remediation. 
"(C) Promotion of commercial business ventures. 
"(D) Other activities approved by the Secretary. 
"(9) To foster cooperation between the Department of the 
Army, property managers, commercial interests, and State and 
local agencies in the implementation of sustainable develop-
ment strategies and investment in eligible facilities made avail-
able for purposes of the ARMS Initiative. 
"(10) To reduce or eliminate the cost of asset disposal 
that would be incurred if property at an eligible facility was 
declared excess to the needs of the Department of the Army. 
"(c) AVAILABILITY OF FACILITIES.—The Secretary may make any 
eligible facility available for the purposes of the ARMS Initiative. 
"(d) CONSIDERATION FOR LEASES.—Section 321 of the Act of 
June 30, 1932 (40 U.S.C. 303b), shall not apply to uses of property 
or facilities in accordance with the ARMS Initiative. 
"(e) PROGRAM SUPPORT.—(1) Funds appropriated for purposes 
of the ARMS Initiative may be used for administrative support 
and management. 
"(2) A full annual accounting of such expenses for each fiscal 
year shall be provided to the Committee on Armed Services and 
the Committee on Appropriations of the Senate and the Committee 
on Armed Services and the Committee on Appropriations of the 
House of Representatives not later than March 30 of the following 
fiscal year. 
"§ 4554. Property management contracts and leases 
"(a) IN GENERAL.—In the case of each eligible facility that 
is made available for the ARMS Initiative, the Secretary— 
"(1) shall make full use of facility use contracts, leases, 
and other such commercial contractual instruments as may 
be appropriate; 
"(2) shall evaluate, on the basis of efficiency, cost, emer-
gency mobilization requirements, and the goals and purposes 
of the ARMS Initiative, the procurement of services from the 
property manager, including maintenance, operation, modifica-
tion, infrastructure, environmental restoration and remediation, 
and disposal of ammunition manufacturing assets, and other 
services; and 
"(3) may, in carrying out paragraphs (1) and (2)— 
"(A) enter into contracts, and provide for subcontracts, 
for terms up to 25 years, as the Secretary considers appro-
priate and consistent with the needs of the Department 
of the Army and the goals and purposes of the ARMS 
Initiative; and 
114 STAT. 1654A-70 
PUBLIC LAW 106-398—APPENDIX 
"(B) use procedures that are authorized to be used 
under section 2304(c)(5) of this title when the contractor 
or subcontractor is a source specified in law. 
"(b) CONSIDERATION FOR USE.—(1) To the extent provided in 
a contract entered into under this section for the use of property 
at an eligible facility that is accountable under the contract, the 
Secretary may accept consideration for such use that is, in whole 
or in part, in a form other than— 
"(A) rental payments; or 
"(B) revenue generated at the facility. 
"(2) Forms of consideration acceptable under paragraph (1) 
for a use of an eligible facility or any property at an eligible 
facility include the following: 
"(A) The improvement, maintenance, protection, repair, and 
restoration of the facility, the property, or any property within 
the boundaries of the installation where the facility is located. 
"(B) Reductions in overhead costs. 
"(C) Reductions in product cost. 
"(3) The authority under paragraph (1) may be exercised with-
out regard to section 3302(b) of title 31 and any other provision 
of law. 
"§ 4555. ARMS Initiative loan guarantee program 
"(a) PROGRAM AUTHORIZED.—Subject to subsection (b), the Sec-
retary may carry out a loan guarantee program to encourage 
commercial firms to use eligible facilities under this chapter. Under 
any such program, the Secretary may guarantee the repayment 
of any loan made to a commercial firm to fund, in whole or in 
part, the establishment of a commercial activity to use an eligible 
facility under this chapter. 
"(b) ADVANCED BUDGET AUTHORITY.—Loan guarantees under 
this section may not be committed except to the extent that appro-
priations of budget authority to cover their costs are made in 
advance, as required by section 504 of the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661c). 
"(c) PROGRAM ADMINISTRATION.—(1) The Secretary may enter 
into an agreement with any of the officials named in paragraph 
(2) under which that official may, for the purposes of this section— 
"(A) process applications for loan guarantees; 
"(B) guarantee repayment of loans; and 
"(C) provide any other services to the Secretary to admin-
ister the loan guarantee program. 
"(2) The officials referred to in paragraph (1) are as follows: 
"(A) The Administrator of the Small Business Administra-
tion. 
"(B) The head of any appropriate agency in the Department 
of Agriculture, including— 
"(i) the Administrator of the Farmers Home Adminis-
tration; and 
"(ii) the Administrator of the Rural Development 
Administration. 
"(3) Each official authorized to do so under an agreement 
entered into under paragraph (1) may guarantee loans under this 
section to commercial firms of any size, notwithstanding any limita-
tions on the size of applicants imposed on other loan guarantee 
programs that the official administers. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-71 
"(4) To the extent practicable, each official processing loan 
guarantee applications under this section pursuant to an agreement 
entered into under paragraph (1) shall use the same processing 
procedures as the official uses for processing loan guarantee applica-
tions under other loan guarantee programs that the official admin-
isters. 
"(d) LOAN LIMITS.—The maximum amount of loan principal 
guaranteed during a fiscal year under this section may not exceed— 
"(1) $20,000,000, with respect to any single borrower; and 
"(2) $320,000,000 with respect to all borrowers. 
"(e) TRANSFER OF FUNDS.—The Secretary may transfer to an 
official providing services under subsection (c), and that official 
may accept, such funds as may be necessary to administer the 
loan guarantee program under this section.". 
(2) The tables of chapters at the beginning of subtitle B of 
such title and at the beginning of part IV of such subtitle are 
amended by inserting after the item relating to chapter 433 the 
following new item: 
"434. Armaments Industrial Base 
4551". 
(b) IMPLEMENTATION REPORT.—Not later than July 1, 2001, 
the Secretary of Defense shall submit to the congressional defense 
committees a report on the procedures and controls implemented 
to carry out section 4554 of title 10, United States Code, as added 
by subsection (a). 
(c) RELATIONSHIP TO NATIONAL DEFENSE TECHNOLOGY AND 
INDUSTRIAL BASE.—(1) Subchapter IV of chapter 148 of title 10, 
United States Code, is amended— 
(A) by redesignating section 2525 as section 2521; and 
(B) by adding at the end the following new section: 
'*§ 2522. Armament retooling and manufacturing 
"The Secretary of the Army is authorized by chapter 434 of 
this title to carry out programs for the support of armaments 
retooling and manufacturing in the national defense industrial and 
technology base.". 
(2) The table of sections at the beginning of such subchapter 
is amended by striking the item relating to section 2525 and insert-
ing the following new items: 
"2521. Manufacturing Technology Program. 
"2522. Armament retooling and manufacturing.". 
(d) REPEAL OF SUPERSEDED LAW.—The Armament Retooling 
and Manufacturing Support Act of 1992 (subtitle H of title I of 
Public Law 102-484; 10 U.S.C. 2501 note) is repealed. 
Subtitle E—Performance of Functions by 
Private-Sector Sources 
SEC. 351. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO 
CONGRESS 
REQUIRED 
BEFORE 
CONVERSION OF 
COMMERCLi\L OR INDUSTRIAL TYPE FUNCTIONS TO CON-
TRACTOR PERFORMANCE. 
(a) 
INFORMATION 
REQUIRED 
BEFORE 
COMMENCEMENT OF 
CONVERSION ANALYSIS.—Subsection (b)(1)(D) of section 2461 of title 
10, United States Code, is amended by inserting before the period 
114 STAT. 1654A-72 
PUBLIC LAW 106-398—APPENDIX 
the following: ", and a specific identification of the budgetary line 
item from which funds will be used to cover the cost of the analysis". 
(b) INFORMATION REQUIRED IN NOTIFICATION OF DECISION.— 
Subsection (c)(1) of such section is amended— 
(1) by redesignating subparagraphs (A), (B), (C), (D), and 
(E) as subparagraphs (B), (C), (F), (H), and (I), respectively; 
(2) by inserting before subparagraph (B), as so redesig-
nated, the following new subparagraph: 
"(A) The date when the analysis of that commercial or 
industrial type function for possible change to performance 
by the private sector was commenced."; 
(3) by inserting after subparagraph (C), as so redesignated, 
the following new subparagraphs: 
"(D) The number of Department of Defense civilian employ-
ees who were performing the function when the analysis was 
commenced, the number of such employees whose emplo3mrient 
was terminated or otherwise affected in implementing the most 
efficient organization of the function, and the number of such 
employees whose employment would be terminated or otherwise 
affected by changing to performance of the function by the 
private sector. 
"(E) The Secretary's certification that the factors considered 
in the examinations performed under subsection (b)(3), and 
in the making of the decision to change performance, did not 
include any predetermined personnel constraint or limitation 
in terms of man years, end strength, full-time equivalent posi-
tions, or maximum number of employees."; and 
(4) by inserting after subparagraph (F), as so redesignated, 
the following new subparagraph: 
"(G) A statement of the potential economic effect of the 
change on each affected local community, as determined in 
the examination under subsection (b)(3)(B)(ii).". 
SEC. 
352. 
EFFECTS 
OF 
OUTSOURCING 
ON 
OVERHEAD 
COSTS 
OF 
CEN-
TERS 
OF 
INDUSTRIAL 
AND 
TECHNICAL 
EXCELLENCE 
AND 
ARMY 
AMMUNITION 
PLANTS. 
Section 2461(c) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (2) as paragraph (3); and 
(2) by inserting after paragraph (1) the following new para-
graph: 
"(2) If the commercial or industrial type function to be changed 
to performance by the private sector is performed at a Center 
of Industrial and Technical Excellence designated under section 
2474(a) of this title or an Army ammunition plant— 
"(A) the report required by this subsection shall also include 
a description of the effect that the performance and administra-
tion of the resulting contract will have on the overhead costs 
of the center or ammunition plant, as the case may be; and 
"(B) notwithstanding paragraph (3), the change of the func-
tion to contractor performance may not begin until at least 
60 days after the submission of the report.". 
SEC. 353. CONSOLIDATION, RESTRUCTURING, OR REENGINEEREVG OF 
DEPARTMENT OF DEFENSE 
ORGANIZATIONS, FUNC-
TIONS, OR ACTIVITIES. 
(a) IN GENERAL.—Chapter 146 of tit^.e 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-73 
"§2475. Consolidation, restructuring, or reengineering of 
organizations, functions, or activities: notifica-
tion requirements 
"(a) REQUIREMENT TO SUBMIT PLAN ANNUALLY.—Concurrently 
with the submission of the President's annual budget request under 
section 1105 of title 31, the Secretary of Defense shall submit 
to Congress each Strategic Sourcing Plan of Action for the Depart-
ment of Defense (as identified in the Department of Defense Interim 
Guidance dated February 29, 2000, or any successor Department 
of Defense guidance or directive), for the following year. 
"(b) NOTIFICATION OF DECISION TO EXECUTE PLAN.—If a deci-
sion is made to consolidate, restructure, or reengineer an organiza-
tion, function, or activity of the Department of Defense pursuant 
to a Strategic Sourcing Plan of Action described in subsection (a), 
and such consolidation, restructuring, or reengineering would result 
in a manpower reduction affecting 50 or more personnel of the 
Department of Defense (including military and civilian personnel)— 
"(1) the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report describing that decision, including— 
"(A) a projection of the savings that will be realized 
as a result of the consolidation, restructuring, or re-
engineering, compared with the cost incurred by the 
Department of Defense to perform the function or to operate 
the organization or activity prior to such proposed consoli-
dation, restructuring, or reengineering; 
"(B) a description of all missions, duties, or military 
requirements that will be affected as a result of the decision 
to consolidate, restructure, or reengineer the organization, 
function, or activity that was analyzed; 
"(C) the Secretary's certification that the consolidation, 
restructuring, or reengineering will not result in any 
diminution of military readiness; 
"(D) a schedule for performing the consolidation, 
restructuring, or reengineering; and 
"(E) the Secretary's certification that the entire analy-
sis for the consolidation, restructuring, or reengineering 
is available for examination; and 
"(2) the head of the Defense Agency or the Secretary of 
the military department concerned may not implement the 
plan until 30 days after the date that the agency head or 
Secretary submits notification to the Committees on Armed 
Services of the Senate and House of Representatives of the 
intent to carry out such plan.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2475. Consolidation, restructuring, or reengineering of organizations, functions, or 
activities: notification requirements.". 
SEC. 354. MONITORING OF SAVINGS RESULTING FROM WORKFORCE 
REDUCTIONS AS PART OF CONVERSION OF FUNCTIONS 
TO PERFORMANCE BY PRIVATE SECTOR OR OTHER 
STRATEGIC SOURCING INITIATIVES. 
(a) REQUIREMENT FOR A MONITORING SYSTEM.—Chapter 
146 
of title 10, United States Code, is amended by inserting after 
section 2461 the following new section: 
114 STAT. 1654A-74 
PUBLIC LAW 106-398—APPENDIX 
"§ 2461a. Development of system for monitoring cost savings 
resulting from workforce reductions 
"(a) WORKFORCE REVIEW DEFINED.—In this section, the term 
'workforce review', with respect to a function of the Department 
of Defense performed by Department of Defense civiUan employees, 
means a review conducted under Office of Management and Budget 
Circular A-76 (or any successor administrative regulation or policy), 
the Strategic Sourcing Program Plan of Action (or any successor 
Department of Defense guidance or directive), or any other authority 
to determine whether the function— 
"(1) should be performed by a workforce composed of 
Department of Defense civilian employees or by a private sector 
workforce; or 
"(2) should be reorganized or otherwise reengineered to 
improve the effeciency or effectiveness of the performance of 
the function, with a resulting decrease in the number of Depart-
ment of Defense civilian employees performing the function. 
"(b) SYSTEM FOR MONITORING PERFORMANCE.—(1) The Sec-
retary of Defense shall establish a system for monitoring the 
performance, including the cost of performance, of each function 
of the Department of Defense that, after the date of the enactment 
of this section, is the subject of a workforce review. 
"(2) The monitoring system shall be designed to compare the 
following: 
"(A) The costs to perform a function before the workforce 
review to the costs actually incurred to perform the function 
after implementing the conversion, reorganization, or re-
engineering actions recommended by the workforce review. 
"(B) The anticipated savings to the actual savings, if any, 
resulting from conversion, reorganization, or reengineering 
actions undertaken in response to the workforce review. 
"(3) The monitoring of a function shall continue under this 
section for at least five years after the conversion, reorganization, 
or reengineering of the function. 
"(c) WAIVER FOR CERTAIN WORKFORCE REVIEWS.—Subsection 
(b) shall not apply to a workforce review that would result in 
a manpower reduction affecting fewer than 50 Department of 
Defense civilian employees. 
"(d) ANNUAL REPORT.—Not later than February 1 of each fiscal 
year, the Secretary of Defense shall submit to Congress a report 
on the results of the monitoring performed under the system estab-
lished under subsection (b). For each function subject to monitoring 
during the previous fiscal year, the report shall indicate the follow-
ing: 
"(1) The cost of the workforce review. 
"(2) The cost of performing the function before the 
workforce 
review 
compared to the costs incurred 
after 
implementing the conversion, reorganization, or reengineering 
actions recommended by the workforce review. 
"(3) The actual savings derived from the implementation 
of the recommendations of the workforce review, if any, com-
pared to the anticipated savings that were to result from the 
conversion, reorganization, or reengineering actions. 
"(e) 
CONSIDERATION 
IN 
PREPARATION 
OF 
FUTURE-YEARS 
DEFENSE PROGRAM.—In preparing the future-years defense program 
under section 221 of this title, the Secretary of Defense shall, 
for the fiscal years covered by the program, estimate and take 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-75 
into account the costs to be incurred and the savings to be derived 
from the performance of functions by workforces selected in 
workforce reviews. The Secretary shall consider the results of the 
monitoring under this section in making the estimates.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2461 the following new item: 
"2461a. Development of system for monitoring cost savings resulting from workforce 
reductions.". 
SEC. 355. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT 
CHEMICAL WEAPONS STORAGE INSTALLATIONS. 
(a) RESTRICTION ON CONVERSION.—The Secretary of the Army 
may not convert to contractor performance the emergency response 
functions of any chemical weapons storage installation that, as 
of the date of the enactment of this Act, are performed for that 
installation by employees of the United States until the certification 
required by subsection (c) has been submitted in accordance with 
that subsection. 
(b) COVERED INSTALLATIONS.—For the purposes of this section, 
a chemical weapons storage installation is any installation of the 
Department of Defense on which lethal chemical agents or muni-
tions are stored. 
(c) CERTIFICATION REQUIREMENT.—The Secretary of the Army 
shall certify in writing to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives that, to ensure that there will be no lapse 
of capability to perform the chemical weapon emergency response 
mission at a chemical weapons storage installation during any 
transition to contractor performance of those functions at the 
installation, the plan for conversion of the performance of those 
functions— 
(1) is consistent with the recommendation contained in 
General Accounting Office Report NSIAD-00-88, entitled "DoD 
Competitive Sourcing", dated March 2000; 
(2) provides for a transition to contractor performance of 
emergency response functions which ensures an adequate trans-
fer of the relevant knowledge and expertise regarding chemical 
weapon emergency response to the contractor personnel; and 
(3) complies with section 2465 of title 10, United States 
Code. 
SEC. 356. SUSPENSION OF REORGANIZATION OR RELOCATION OF 
NAVAL AUDIT SERVICE. 
(a) SUSPENSION.—During the period specified in subsection (b), 
the Secretary of the Navy may not commence or continue any 
consolidation, involuntary transfer, buy-out, or other reduction in 
force of the workforce of auditors Eind administrative support 
personnel of the Naval Audit Service if the consolidation, involun-
tary transfer, buy-out, or other reduction in force is associated 
with the reorganization or relocation of the performance of the 
auditing functions of the Naval Audit Service. 
(b) DURATION.—Subsection (a) applies during the period begin-
ning on the date of the enactment of this Act and ending 180 
days after the date on which the Secretary submits to the congres-
sional defense committees a report that sets forth in detail the 
Navy's plans and justification for the reorganization or relocation 
114 STAT. 1654A-76 
PUBLIC LAW 106-398—APPENDIX 
of the performance of the auditing functions of the Naval Audit 
Service, as the case may be. 
Subtitle F—Defense Dependents Education 
SEC. 361. 
ELIGIBILITY 
OF DEPENDENTS OF 
AMERICAN RED CROSS 
EMPLOYEES FOR ENROLLMENT IN DEPARTMENT OF 
DEFENSE 
DOMESTIC 
DEPENDENT 
SCHOOLS 
IN 
PUERTO 
RICO. 
Section 2164 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(i) AMERICAN RED CROSS EMPLOYEE DEPENDENTS IN PUERTO 
RICO.—(1) The Secretary may authorize the dependent of an Amer-
ican Red Cross employee described in paragraph (2) to enroll in 
an education program provided by the Secretary pursuant to sub-
section (a) in Puerto Rico if the American Red Cross agrees to 
reimburse the Secretary for the educational services so provided. 
"(2) An employee referred to in paragraph (1) is an American 
Red Cross employee who— 
"(A) resides in Puerto Rico; and 
"(B) performs, on a full-time basis, emergency services on 
behalf of members of the armed forces. 
"(3) In determining the dependency status of any person for 
the purposes of paragraph (1), the Secretary shall apply the same 
definitions as apply to the determination of such status with respect 
to Federal employees in the administration of this section. 
"(4) Subsection (g) shall apply with respect to determining 
the reimbursement rates for educational services provided pursuant 
to this subsection. Amounts received as reimbursement for such 
educational services shall be treated in the same manner as 
amounts received under subsection (g).". 
SEC. 362. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENE-
FIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 
(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR 
FISCAL YEAR 2001.—Of the amount authorized to be appropriated 
by section 301(5). for operation and maintenance for Defense-wide 
activities, $35,000,000 shall be available only for the purpose of 
providing educational agencies assistance (as defined in subsection 
(d)(1)) to local educational agencies. 
(b) NOTIFICATION.—Not later than June 30, 2001, the Secretary 
of Defense shall notify each local educational agency that is eligible 
for educational agencies assistance for fiscal year 2001 of— 
(1) that agency's eligibility for educational agencies assist-
ance; and 
(2) the amount of the educational agencies assistance for 
which that agency is eligible. 
(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 
disburse funds made available under subsection (a) not later than 
30 days after the date on which notification to the eligible local 
educational agencies is provided pursuant to subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term "educational agencies assistance" means 
assistance authorized under section 386(b) of the National 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-77 
Defense Authorization Act for Fiscal Year 1993 (Public Law 
102-484; 20 U.S.C. 7703 note). 
(2) The term "local educational agency" has the meaning 
given that term in section 8013(9) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 363. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
(a) PAYMENTS.—Subject to subsection (f), the Secretary of 
Defense shall make a payment for fiscal years after fiscal year 
2001, to each local educational agency eligible to receive a payment 
for a child described in subparagraph (A)(ii), (B), (D)(i) or (D)(ii) 
of section 8003(a)(1) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(a)(1)) that serves two or more such 
children with severe disabilities, for costs incurred in providing 
a free appropriate public education to each such child. 
(b) PAYMENT AMOUNT.—The amount of the payment under 
subsection (a) to a local educational agency for a fiscal year for 
each child referred to in such subsection with a severe disability 
shall be— 
(1) the payment made on behalf of the child with a severe 
disability that is in excess of the average per pupil expenditure 
in the State in which the local educational agency is located; 
less 
(2) the sum of the funds received by the local educational 
agency— 
(A) from the State in which the child resides to defray 
the educational and related services for such child; 
(B) under the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) to defray the educational 
and related services for such child; and 
(C) from any other source to defray the costs of provid-
ing educational and related services to the child which 
are received due to the presence of a severe disabling 
condition of such child. 
(c) EXCLUSIONS.—No payment shall be made under subsection 
(a) on behalf of a child with a severe disability whose individual 
cost of educational and related services does not exceed— 
(1) five times the national or State average per pupil 
expenditure (whichever is lower), for a child who is provided 
educational and related services under a program that is located 
outside the boundaries of the school district of the local edu-
cational agency that pays for the free appropriate public edu-
cation of the student; or 
(2) three times the State average per pupil expenditure, 
for a child who is provided educational and related services 
under a program offered by the local educational agency, or 
within the boundaries of the school district served by the local 
educational agency. 
(d) RATABLE REDUCTION.—If the amount available for a fiscal 
year for payments under subsection (a) is insufficient to pay the 
full amount all local educational agencies are eligible to receive 
under such subsection, the Secretary of Defense shall ratably reduce 
the amounts of the payments made under such subsection to all 
local educational agencies by an equal percentage. 
(e) REPORT.—Each local educational agency desiring a payment 
under subsection (a) shall report to the Secretary of Defense— 
114 STAT. 1654A-78 
PUBLIC LAW 106-398—APPENDIX 
(1) the number of severely disabled children for which 
a payment may be made under this section; and 
(2) a breakdown of the average cost, by placement (inside 
or outside the boundaries of the school district of the local 
educational agency), of providing education and related services 
to such children. 
(f) PAYMENTS SUBJECT TO APPROPRIATION.—Payments shall be 
made for any period in a fiscal year under this section only to 
the extent that funds are appropriated specifically for making such 
payments for that fiscal year. 
(g) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term "local educational agency" has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 364. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION 
OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT 
OF DEFENSE CIVILIAN EMPLOYEES. 
(a) REPAIR AND RENOVATION ASSISTANCE.—(1) During fiscal 
year 2001, the Secretary of Defense may make a grant to an 
eligible local educational agency to assist the agency to repair 
and renovate— 
(A) an impacted school facility that is used by significant 
numbers of military dependent students; or 
(B) a school facility that was a former Department of 
Defense domestic dependent elementary or secondary school. 
(2) Authorized repair and renovation projects may include 
repairs and improvements to an impacted school facility (including 
the grounds of the facility) designed to ensure compliance with 
the requirements of the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.) or local health and safety ordinances, 
to meet classroom size requirements, or to accommodate school 
population increases. 
(3) The total amount of assistance provided under this sub-
section to an eligible local educational agency may not exceed 
$2,500,000 during fiscal year 2001. 
(b) MAINTENANCE ASSISTANCE.—(1) During fiscal year 2001, 
the Secretary of Defense may make a grant to an eligible local 
educational agency whose boundaries are the same as a military 
installation to assist the agency to maintain an impacted school 
facility, including the grounds of such a facility. 
(2) The total amount of assistance provided under this sub-
section to an eligible local educational agency may not exceed 
$250,000 during fiscal year 2001. 
(c) DETERMINATION OF ELIGIBLE LOCAL EDUCATIONAL AGEN-
C I E S . ^ 1) A local educational agency is an eligible local educational 
agency under this section only if the Secretary of Defense deter-
mines that the local educational agency has— 
(A) one or more federally impacted school facilities; and 
(B) satisfies at least one of the following eligibility require-
ments: 
(i) The local educational agency is eligible to receive 
assistance under subsection (f) of section 8003 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7703) and at least 10 percent of the students who 
were in average daily attendance in the schools of such 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-79 
agency during the preceding school year were students 
described under paragraph (1)(A) or (1)(B) of section 
8003(a) of the Elementary and Secondary Education Act 
of 1965. 
(ii) At least 35 percent of the students who were in 
average daily attendance in the schools of the local edu-
cational agency during the preceding school year were stu-
dents described under paragraph (1)(A) or (1)(B) of section 
8003(a) of the Elementary and Secondary Education Act 
of 1965. 
(iii) The State education system and the local edu-
cational agency are one and the same. 
(2) A local educational agency is also an eligible local edu-
cational agency under this section if the local educational agency 
has a school facility that was a former Department of Defense 
domestic dependent elementary or secondary school, but assistance 
provided under subsection (a) may only be used to repair and 
renovate that specific facility. 
(d) NOTIFICATION OF ELIGIBILITY.—Not later than April 30, 
2001, the Secretary of Defense shall notify each local educational 
agency identified under subsection (c) that the local educational 
agency is eligible to apply for a grant under subsection (a), sub-
section (b), or both subsections. 
(e) RELATION TO IMPACT AID CONSTRUCTION ASSISTANCE.—^A 
local education agency that receives a grant under subsection (a) 
to repair and renovate a school facility may not also receive a 
payment for school construction under section 8007 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) 
for fiscal year 2001. 
(f) GRANT CONSIDERATIONS.—In determining which eligible 
local educational agencies will receive a grant under this section, 
the Secretary of Defense shall take into consideration the following 
conditions and needs at impacted school facilities of eligible local 
educational agencies: 
(1) The repair or renovation of facilities is needed to meet 
State mandated class size requirements, including student-
teacher ratios and instructional space size requirements. 
(2) There is an increase in the number of military depend-
ent students in facilities of the agency due to increases in 
unit strength as part of military readiness. 
(3) There are unhoused students on a military installation 
due to other strength adjustments at military installations. 
(4) The repair or renovation of facilities is needed to address 
any of the following conditions: 
(A) The condition of the facility poses a threat to the 
safety and well-being of students. 
(B) The requirements of the Americans with Disabil-
ities Act of 1990. 
(C) The cost associated with asbestos removal, energy 
conservation, or technology upgrades. 
(D) Overcrowding conditions as evidenced by the use 
of trailers and portable buildings and the potential for 
future overcrowding because of increased enrollment. 
(5) The repair or renovation of facilities is needed to meet 
any other Federal or State mandate. 
114 STAT. 1654A-80 
PUBLIC LAW 106-398—APPENDIX 
(6) The number of military dependent students as a 
percentage of the total student population in the particular 
school facility. 
(7) The age of facility to be repaired or renovated. 
(g) DEFINITIONS.—In this section: 
(1) LOCAL EDUCATIONAL AGENCY.—The term "local edu-
cational agency" has the meaning given that term in section 
8013(9) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7713(9)). 
(2) IMPACTED SCHOOL FACILITY.—The term "impacted school 
facility" means a facility of a local educational agency— 
(A) that is used to provide elementary or secondary 
education at or near a military installation; and 
(B) at which the average annual enrollment of military 
dependent students is a high percentage of the total student 
enrollment at the facility, as determined by the Secretary 
of Defense. 
(3) MILITARY DEPENDENT STUDENTS.—The term "military 
dependent students" means students who are dependents of 
members of the armed forces or Department of Defense civilian 
employees. 
(4) MILITARY INSTALLATION.—The term "military installa-
tion" has the meaning given that term in section 2687(e) of 
title 10, United States Code. 
(h) FUNDING SOURCE.—The amount authorized to be appro-
priated under section 301(25) for Quality of Life Enhancements, 
Defense-Wide, shall be available to the Secretary of Defense to 
make grants under this section. 
Subtitle G—Military Readiness Issues 
SEC. 371. MEASURING CANNIBALIZATION OF PARTS, SUPPLIES, AND 
EQUIPMENT UNDER READINESS REPORTING SYSTEM. 
Section 117(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(7) Measure, on a quarterly basis, the extent to which 
units of the armed forces remove serviceable parts, supplies, 
or equipment from one vehicle, vessel, or aircraft in order 
to render a different vehicle, vessel, or aircraft operational.". 
SEC. 372. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM 
HIGH-PRIORITY READINESS APPROPRIATIONS. 
(a) CONTINUATION OF REPORTING REQUIREMENTS.—Section 483 
of title 10, United States Code, is amended by striking subsection 
(e). 
(b) LEVEL OF DETAIL.—Subsection (c)(2) of such section is 
amended by inserting before the period the following: ", including 
identification of the sources from which funds were transferred 
into that activity and identification of the recipients of the funds 
transferred out of that activity". 
(c) ADDITIONAL COVERED BUDGET ACTIVITIES.—Subsection (d)(5) 
of such section is amended by adding at the end the following 
new subparagraphs: 
"(G) Combat Enhancement Forces. 
"(H) Combat Communications.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-81 
SEC. 373. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON 
READINESS OF MILITARY AIRCRAFT AND EQUIPMENT. 
(a) REQUIREMENT FOR REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report assessing the effects of worldwide 
contingency operations on— 
(1) the readiness of aircraft and ground equipment of the 
Armed Forces; and 
(2) the capability of the Armed Forces to maintain a high 
level of equipment readiness and to manage a high operating 
tempo for the aircraft and ground equipment. 
(b) EFFECTS ON AIRCRAFT.—^With respect to aircraft, the assess-
ment contained in the report shall address the following effects: 
(1) The effects of the contingency operations carried out 
during fiscal years 1995 through 2000 on the aircraft of each 
of the Armed Forces in each category of aircraft, as follows: 
(A) Combat tactical aircraft. 
, 
(B) Strategic aircraft. 
(C) Combat support aircraft. 
(D) Combat service support aircraft. 
(2) The types of adverse effects on the aircraft of each 
of the Armed Forces in each category of aircraft specified in 
paragraph (1) resulting from contingency operations, as follows: 
(A) Patrolling in no-fly zones over Iraq in Operation 
Northern Watch and Operation Southern Watch and over 
the Balkans in Operation Allied Force. 
(B) Air operations in the North Atlantic Treaty 
Organization air war against Serbia in Operation Sky 
Anvil, Operation Noble Anvil, and Operation Allied Force. 
(C) Air operations in Operation Shining Hope in 
Kosovo. 
(D) All other activities within the general context of 
worldwide contingency operations. 
(3) Any other effects that the Secretary of Defense considers 
appropriate in carrying out subsection (a). 
(c) EFFECTS ON GROUND EQUIPMENT.—^With respect to ground 
equipment, the assessment contained in the report shall address 
the following effects: 
(1) The effects of the contingency operations carried out 
during fiscal years 1995 through 2000 on the ground equipment 
of each of the Armed Forces. 
(2) Any other effects that the Secretary of Defense considers 
appropriate in carrying out subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term "Armed Forces" means the Army, Navy, 
Marine Corps, and Air Force. 
(2) The term "contingency operation" has the meaning given 
the term in section 101(a)(13) of title 10, United States Code. 
SEC. 374. IDENTIFICATION OF REQUIREMENTS TO REDUCE BACKLOG 
IN MAINTENANCE AND REPAIR OF DEFENSE FACILITIES. 
(a) REPORT TO ADDRESS MAINTENANCE AND REPAIR BACKLOG.— 
Not later than March 15, 2001, the Secretary of Defense shall 
submit to Congress a report identifying a list of requirements 
to reduce the backlog in maintenance and repair needs of facilities 
and infrastructure under the jurisdiction of the Department of 
Defense or a military department. 
114 STAT. 1654A-82 
PUBLIC LAW 106-398—APPENDIX 
(b) ELEMENTS OF REPORT.—^At a minimum, the report shall 
include or address the following: 
(1) The extent of the work necessary to repair and revitalize 
facilities and infrastructure, or to demolish and replace unus-
able facilities, carried as backlog by the Secretary of Defense 
or the Secretary of a military department. 
(2) Measurable goals, over specified time frames, for 
addressing all of the identified requirements. 
(3) Expected funding for each military department and 
Defense Agency to address the identified requirements during 
the period covered by the most recent future-years defense 
program submitted to Congress pursuant to section 221 of 
title 10, United States Code. 
(4) The cost of the current backlog in maintenance and 
repair for each military department and Defense Agency, which 
shall be determined using the standard costs to standard facility 
categories in the Department of Defense Facilities Cost Factors 
Handbook, shown both in the aggregate and individually for 
each major military installation. 
(5) The total number of square feet of building space of 
each military department and Defense Agency to be demolished 
or proposed for demolition, shown both in the aggregate and 
individually for each major military installation. 
(6) The initiatives underway to identify facility and infra-
structure requirements at military installations to accommodate 
new and developing weapons systems and to prepare installa-
tions to accommodate these systems. 
(c) ANNUAL UPDATES.—The Secretary of Defense shall update 
the report required under subsection (a) annually. The annual 
updates shall be submitted to Congress at or about the time that 
the budget is submitted to Congress for a fiscal year under section 
1105(a) of title 31, United States Code. 
SEC. 375. NEW METHODOLOGY FOR PREPARING BUDGET REQUESTS 
TO SATISFY ARMY READINESS REQUIREMENTS. 
(a) REQUIREMENT FOR NEW METHODOLOGY.—The Secretary of 
the Army shall develop a new methodology for preparing budget 
requests for operation and maintenance for the Army that can 
be used to ensure that the budget requests for operation and mainte-
nance for future fiscal years more accurately reflect the Army's 
requirements than did the budget requests submitted to Congress 
for fiscal year 2001 and preceding fiscal years. 
(b) SENSE OF CONGRESS REGARDING NEW METHODOLOGY.—It 
is the sense of Congress that— 
(1) the methodology required by subsection (a) should pro-
vide for the determination of the budget levels to request for 
operation and maintenance for the Army to be based on— 
(A) the level of training that must be conducted in 
order for the Army to execute successfully the full range 
of missions called for in the national defense strategy delin-
eated pursuant to section 118 of title 10, United States 
Code, at a low-to-moderate level of risk; 
(B) the cost of conducting training at the level of train-
ing described in subparagraph (A); and 
(C) the costs of all other Army operations, including 
the cost of meeting infrastructure requirements; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-83 
(2) the Secretary of the Army should use the new methodol-
ogy in the preparation of the budget requests for operation 
and maintenance for the Army for fiscal years after fiscal 
year 2001. 
SEC. 376. REVIEW OF AH-64 AIRCRAFT PROGRAM. 
(a) REQUIREMENT FOR REVIEW.—^The Comptroller General shall 
conduct a review of the Army's AH-64 aircraft program to 
determine— 
(1) whether obsolete spare parts, rather than spare parts 
for the latest aircraft configuration, are being procured; 
(2) whether there is insufficient sustaining system technical 
support; 
(3) whether technical data packages and manuals are obso-
lete; 
(4) whether there are unfunded requirements for airframe 
and component upgrades; and 
(5) if one or more of the conditions described in the preced-
ing paragraphs exist, whether the readiness of the aircraft 
is impaired by the conditions. 
(b) REPORT.—Not later than March 1, 2001, the Comptroller 
General shall submit to the congressional defense committees a 
report on the results of the review under subsection (a). 
SEC. 377. REPORT ON AIR FORCE SPARE AND REPAIR PARTS PROGRAM 
FOR C-5 AIRCRAFT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) There exists a significant shortfall in the Nation's cur-
rent strategic airlift requirement, even though strategic airlift 
remains critical to the national security strategy of the United 
States. 
(2) This shortfall results from the slow phase-out of C-
141 aircraft and their replacement with C-17 aircraft and 
from lower than optimal reliability rates for the C-5 aircraft. 
(3) One of the primary causes of these reliability rates 
for C-5 aircraft, and especially for operational unit aircraft, 
is the shortage of spare repair parts. Over the past 5 years, 
this shortage has been particularly evident in the C-5 fleet. 
(4) Not Mission Capable for Supply rates for C-5 aircraft 
have increased significantly in the period between 1997 and 
1999. At Dover Air Force Base, Delaware, for example, an 
average of 7 to 9 C-5 aircraft were not available during that 
period because of a lack of parts. 
(5) Average rates of cannibalization of C-5 aircraft per 
100 sorties of such aircraft have also increased during that 
period and are well above the Air Mobility Command standard. 
In any given month, this means devoting additional manhours 
to cannibalization of C-5 aircraft. At Dover Air Force Base, 
for example, an average of 800 to 1,000 additional manhours 
were required for cannibalization of C-5 aircraft during that 
period. Cannibalization is often required for aircraft that transit 
through a base such as Dover Air Force Base, as well as 
those that are based there. 
(6) High cannibalization rates indicate a significant prob-
lem in delivering spare parts in a timely manner and systemic 
problems within the repair and maintenance process, and also 
demoralize overworked maintenance crews. 
114 STAT. 1654A-84 
PUBLIC LAW 106-398—APPENDIX 
(7) The C-5 aircraft remains an absolutely critical asset 
in air mobility and airlifting heavy equipment and personnel 
to both military contingencies and humanitarian relief efforts 
around the world. 
(8) Despite increased funding for spare and repair parts 
and other efforts by the Air Force to mitigate the parts shortage 
problem, Congress continues to receive reports of significant 
cannibalization to airworthy C-5 aircraft and parts backlogs. 
(b) REPORT REQUIRED.—Not later than January 1, 2001, and 
September 30, 2001, the Secretary of the Air Force shall submit 
to Congress a report on the overall status of the spare and repair 
parts program of the Air Force for the C-5 aircraft. 
(c) ELEMENTS OF REPORT.—Each report shall include the follow-
ing: 
(1) A statement of the funds currently allocated to the 
acquisition of spare and repair parts for the C-5 aircraft and 
the adequacy of such funds to meet current and future repair 
and maintenance requirements for that aircraft. 
(2) A description of current efforts to address shortfalls 
in the availability of spare and repair parts for the C-5 aircraft, 
including an assessment of potential short-term and long-term 
effects of such efforts. 
(3) An assessment of the effects of such parts shortfalls 
on readiness and reliability ratings for the C-5 aircraft. 
(4) A description of rates at which spare and repair parts 
for one C-5 aircraft are taken from another C-5 aircraft (known 
as parts cannibalization) and the manhours devoted to part 
cannibalization of such aircraft. 
(5) An assessment of the effects of parts shortfalls and 
parts cannibalization with respect to C-5 aircraft on readiness 
and retention. 
Subtitle H—Other Matters 
SEC. 381. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY 
EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS 
LIST. 
(a) ANNUAL REPORT REQUIRED.—Chapter 153 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 2582. Military equipment identified on United States muni-
tions list: annual report of public sales 
"(a) REPORT REQUIRED.—The Secretary of Defense shall prepare 
an annual report identifying each public sale conducted by a mili-
tary department or Defense Agency of military items that are— 
"(1) identified on the United States Munitions List main-
tained under section 121.1 of title 22, Code of Federal Regula-
tions; and 
"(2) assigned a demilitarization code of *B' or its equivalent. 
"(b) ELEMENTS OF REPORT.—(1) A report under this section 
shall cover all public sales described in subsection (a) that were 
conducted during the preceding fiscal year. 
"(2) The report shall specify the following for each sale: 
"(A) The date of the sale. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-85 
"(B) The military department or Defense Agency conducting 
the sale. 
"(C) The manner in which the sale was conducted. 
"(D) The military items described in subsection (a) that 
were sold or offered for sale. 
"(E) The purchaser of each item. 
"(F) The stated end-use of each item sold. 
"(c) SUBMISSION OF REPORT.—Not later than March 31 of each 
year, the Secretary of Defense shall submit to the Committee on 
Armed Services of the House of Representatives and the Committee 
on Armed Services of the Senate the report required by this section 
for the preceding fiscal year.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2582. Military equipment identified on United States munitions list: annual report 
of public sales.". 
SEC. 382. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF 
BY THE ARMY. 
(a) RESTRICTION.—(1) Chapter 443 of title 10, United States 
Code, is amended by adding at the end the following new section: 
*'§ 4688. Armor-piercing ammunition and components: condi-
tion on disposal 
"(a) LIMITATION ON RESALE OR OTHER TRANSFER.—Except as 
provided in subsection (b), whenever the Secretary of the Army 
carries out a disposal (by sale or otherwise) of armor-piercing 
ammunition, or a component of armor-piercing ammunition, the 
Secretary shall require as a condition of the disposal that the 
recipient agree in writing not to sell or otherwise transfer any 
of the ammunition (reconditioned or otherwise), or any armor-pierc-
ing component of that ammunition, to any purchaser in the United 
States other than a law enforcement or other governmental agency. 
"(b) EXCEPTION.^-Subsection (a) does not apply to a transfer 
of a component of armor-piercing ammunition solely for the purpose 
of metal reclamation by means of a destructive process such as 
melting, crushing, or shredding. 
"(c) SPECIAL RULE FOR NON-ARMOR-PIERCING COMPONENTS.— 
A component of the armor-piercing ammunition that is not itself 
armor-piercing and is not subjected to metal reclamation as 
described in subsection (b) may not be used as a component in 
the production of new or remanufactured armor-piercing ammuni-
tion other than for sale to a law enforcement or other governmental 
agency or for a govemment-to-govemment sale or commercial export 
to a foreign government under the Arms Export Control Act (22 
U.S.C. 2751). 
"(d) DEFINITION.—In this section, the term 'armor-piercing 
ammunition' means a center-fire cartridge the military designation 
of which includes the term 'armor penetrator' or 'armor-piercing', 
including a center-fire cartridge designated as armor-piercing incen-
diary (API) or armor-piercing incendiary-tracer (API-T).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"4688. Armor-piercing ammunition and components: condition on disposal.". 
(b) APPLICABILITY.—Section 4688 of title 10, United States 
Code, as added by subsection (a), shall apply with respect to any 
114 STAT. 1654A-86 
PUBLIC LAW 106-398—APPENDIX 
disposal of ammunition or components referred to in that section 
after the date of the enactment of this Act. 
SEC. 383. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT 
PROVIDED AT JOHNSTON ATOLL. 
(a) IN GENERAL.—Chapter 949 of title 10, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 9783. Johnston Atoll: reimbursement for support provided 
to civil air carriers 
"(a) AUTHORITY OF THE SECRETARY.—The Secretary of the Air 
Force may, under regulations prescribed by the Secretary, require 
payment by a civil air carrier for support provided by the United 
States to the carrier at Johnston Atoll that is either— 
"(1) requested by the civil air carrier; or 
"(2) determined under the regulations as being necessary 
to accommodate the civil air carrier's use of Johnston Atoll. 
"(b) AMOUNT OF CHARGES.—^Any amount charged an air carrier 
under subsection (a) for support shall be equal to the total amount 
of the actual costs to the United States of providing the support. 
The amount charged may not include any amount for an item 
of support that does not satisfy a condition described in paragraph 
(1) or (2) of subsection (a). 
"(c) RELATIONSHIP TO LANDING FEES.—No landing fee shall 
be charged an air carrier for a landing of an aircraft of the air 
carrier at Johnston Atoll if the air carrier is charged under sub-
section (a) for support provided to the air carrier. 
"(d) DISPOSITION OF PAYMENTS.—(1) Amounts collected from 
an air carrier under this section shall be credited to appropriations 
available for the fiscal year in which collected, as follows: 
"(A) For support provided by the Air Force, to appropria-
tions available for the Air Force for operation and maintenance. 
"(B) For support provided by the Army, to appropriations 
available for the Army for chemical demilitarization. 
"(2) Amounts credited to an appropriation under paragraph 
(1) shall be merged with funds in that appropriation and shall 
be available, without further appropriation, for the purposes and 
period for which the appropriation is available. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'civil air carrier' means an air carrier (as 
defined in section 40101(a)(2) of title 49) that is issued a certifi-
cate of public convenience and necessity under section 41102 
of such title. 
"(2) The term 'support' includes fuel, fire rescue, use of 
facilities, improvements necessary to accommodate use by civil 
air carriers, police, safety, housing, food, air traffic control, 
suspension of military operations on the island (including oper-
ations at the Johnston Atoll Chemical Agent Demilitarization 
System), repairs, and any other construction, services, or sup-
plies.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"9783. Johnston Atoll: reimbursement for support provided to civil air carriers.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-87 
SEC. 384. TRAVEL BY RESERVES ON MILITARY AIRCRAFT. * 
(a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO DUTY STATIONS.— 
Subsection (a) of section 18505 of title 10, United States Code, 
is amended to read as follows: 
"(a) A member of a reserve component traveling for annual 
training duty or inactive-duty training (including a place other 
than the place of the member's unit training assembly if the member 
is performing annual training duty or inactive-duty training in 
another location) may travel in a space-required status on aircraft 
of the armed forces between the member's home and the place 
of the annual training duty or inactive-duty training.". 
(b) CLERICAL AMENDMENTS.—(1) The heading of such section 
is amended to read as follows: 
"§ 18505. Reserves traveling for annual training duty or inac-
tive-duty training: space-required travel on mili-
tary aircraft". 
(2) The table of sections at the beginning of chapter 1805 
of such title is amended by striking the item relating to section 
18505 and inserting the following new item: 
"18505. Reserves traveling for annual training duty or inactive-duty training: space-
required travel on military aircraft.". 
SEC. 385. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET 
AIRCRAFT. 
(a) IN GENERAL.—Section 41106 of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1), by striking "of at least 31 days"; 
(2) by redesignating subsection (b) as subsection (d); and 
(3) by inserting after subsection (a) the following new sub-
sections: 
"(b) TRANSPORTATION BETWEEN THE UNITED STATES AND FOR-
EIGN 
LOCATIONS.—Except as provided in subsection (d), the 
transportation of passengers or property by transport category air-
craft between a place in the United States and a place outside 
the United States obtained by the Secretary of Defense or the 
Secretary of a military department through a contract for airlift 
service shall be provided by an air carrier referred to in subsection 
(a). 
"(c) 
TRANSPORTATION BETWEEN 
FOREIGN 
LOCATIONS.—The 
transportation of passengers or property by transport category air-
craft between two places outside the United States obtained by 
the Secretary of Defense or the Secretary of a military department 
through a contract for airlift service shall be provided by an air 
carrier that has aircraft in the civil reserve air fleet whenever 
transportation by such an air carrier is reasonably available.". 
(b) CONFORMING AMENDMENT.—Subsection (a) of such section 
is further amended by striking "GENERAL.—(1) Except as provided 
in subsection (b) of this section," and inserting "INTERSTATE 
TRANSPORTATION.—(1) Except as provided in subsection (d) of this 
section,". 
(c) EFFECTIVE* DATE.—The amendments made by this section 
shall take effect on October 1, 2000. 
79-194 O - 00 - 5 : QL 3 Part 3 
114 STAT. 1654A-88 
PUBLIC LAW 106-398—APPENDIX 
SEC. 386. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL 
IN-TRANSIT END ITEMS AND SECONDARY ITEMS. 
(a) REQUIRED ADDITIONS.—Subsection (d) of section 349 of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 U.S.C. 2458 
note) is amended— 
(1) in paragraph (1), by inserting before the period at 
the end the following: ", including specific actions to address 
underlying weaknesses in the controls over items being 
shipped"; and 
(2) by adding at the end the following new paragraph: 
"(5) The key management elements for monitoring, and 
for measuring the progress achieved in, the implementation 
of the plan, including— 
"(A) the assignment of oversight responsibility for each 
action identified pursuant to paragraph (1); 
"(B) a description of the resources required for over-
sight; and 
"(C) an estimate of the annual cost of oversight.". 
(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such sec-
tion is amended by striking "Not later than" and all that follows 
through "Congress" and inserting "The Secretary of Defense shall 
prescribe and carry out". 
(2) Such section is further amended by adding at the end 
the following new subsection: 
"(f) SUBMISSIONS TO CONGRESS.—^The Secretary shall submit 
to Congress any revisions made to the plan that are required 
by any law enacted after October 17, 1998. The revisions so made 
shall be submitted not later than 180 days after the date of the 
enactment of the law requiring the revisions.". 
(3) Subsection (e)(1) of such section is amended by striking 
"submits the plan" and inserting "submits the initial plan". 
SEC. 387. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE 
AND USE OF LANDING FEES CHARGED FOR USE OF 
DOMESTIC MILITARY AIRFIELDS BY CIVIL AIRCRAFT. 
(a) REAUTHORIZATION.—Section 377 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 note) is amended— 
(1) in subsection (a)— 
(A) by striking "during fiscal years 1999 and 2000"; 
and 
(B) by striking the second sentence; and 
(2) by adding at the end the following new subsection: 
"(e) DURATION OF PILOT PROGRAM.—The pilot program under 
this section may not be carried out after September 30, 2010.". 
(b) FEES COLLECTED.—Subsection (b) of such section is amended 
to read as follows: 
"(b) LANDING FEE DEFINED.—In this section, the term 'landing 
fee' means any fee that is established under or in accordance 
with regulations of the military department concerned (whether 
prescribed in a fee schedule or imposed under a joint-use agreement) 
to recover costs incurred for use by civil aircraft of an airfield 
of the military department in the United States or in a territory 
or possession of the United States.". 
(c) USE OF PROCEEDS.—Subsection (c) of such section is amend-
ed by striking "Amounts received for a fiscal year in payment 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-89 
of landing fees imposed under the pilot program for use of a military 
airfield" and inserting "Amounts received in payment of landing 
fees for use of a military airfield in a fiscal year of the pilot 
program". 
(d) REPORT.—Subsection (d) of such section is amended— 
(1) by striking "March 31, 2000," and inserting "March 
31, 2003,"; and 
(2) by striking "December 31, 1999" and inserting "Decem-
ber 31, 2002". 
SEC. 388. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT 
FOR USE IN WILDFIRE SUPPRESSION. 
Section 2 of the Wildfire Suppression Aircraft Transfer Act 
of 1996 (Public Law 104-307; 10 U.S.C. 2576 note) is amended— 
(1) in subsection (a)(1), by striking "September 30, 2000" 
and inserting "September 30, 2005"; 
(2) in subsection (d)(1)— 
(A) by striking "the date of the enactment of this 
Act" and inserting "October 14, 1996"; and 
(B) by adding at the end the following: "The regulations 
prescribed under this paragraph shall be effective until 
the end of the period specified in subsection (a)(1)."; and 
(3) in subsection (f), by striking "March 31, 2000" and 
inserting "March 31, 2005". 
SEC. 389. DAMAGE TO AVIATION FAdLITIES CAUSED BY ALKALI SILICA 
REACTIVITY. 
(a) ASSESSMENT OF DAMAGE AND PREVENTION AND MITIGATION 
TECHNOLOGY.—^The Secretary of Defense shall require the Secretar-
ies of the military departments to assess— 
(1) the damage caused to aviation facilities of the Armed 
Forces by alkali silica reactivity; and 
(2) the availability of technologies capable of preventing, 
treating, or mitigating alkali silica reactivity in hardened con-
crete structures and pavements. 
(b) EVALUATION OF TECHNOLOGIES.—(1) Taking into consider-
ation the assessment under subsection (a), the Secretary of each 
military department may conduct a demonstration project at a 
location selected by the Secretary concerned to test and evaluate 
the effectiveness of technologies intended to prevent, treat, or miti-
gate alkali silica reactivity in hardened concrete structures and 
pavements. 
(2) The Secretary of Defense shall ensure that the locations 
selected for the demonstration projects represent the diverse operat-
ing environments of the Armed Forces. 
(c) NEW CONSTRUCTION.—The Secretary of Defense 
shall 
develop specific guidelines for appropriate testing and use of lithium 
salts to prevent alkali silica reactivity in new construction of the 
Department of Defense. 
(d) COMPLETION OF ASSESSMENT AND DEMONSTRATION.—The 
assessment conducted under subsection (a) and the demonstration 
projects, if any, conducted under subsection (b) shall be completed 
not later than September 30, 2006. 
(e) DELEGATION OF AUTHORITY.—The authority to conduct the 
assessment under subsection (a) may be delegated only to the 
Chief of Engineers of the Army, the Commander of the Naval 
Facilities Engineering Command, and the Civil Engineer of the 
Air Force. 
114 STAT. 1654A-90 
PUBLIC LAW 106-398—APPENDIX 
(f) LIMITATION ON EXPENDITURES.—The Secretary of Defense 
and the Secretaries of the military departments may not expend 
more than a total of $5,000,000 to conduct both the assessment 
under subsection (a) and all of the demonstration projects under 
subsection (b). 
SEC. 390. DEMONSTRATION PROJECT TO INCREASE RESERVE COMPO-
NENT INTERNET ACCESS AND SERVICES IN RURAL 
COMMUNITIES. 
(a) AUTHORIZATION AND PURPOSE OF PROJECT.—The Secretary 
of the Army, acting through the Chief of the National Guard 
Bureau, may carry out a demonstration project in rural communities 
that are unserved or underserved by the telecommunications 
medium known as the Internet to provide or increase Internet 
access and services to units and members of the National Guard 
and other reserve components located in these communities. 
(b) PROJECT ELEMENTS.—In carrying out the demonstration 
project, the Secretary may— 
(1) establish and operate distance learning classrooms in 
communities described in subsection (a), including any support 
systems required for such classrooms; and 
(2) provide Internet access and services in such classrooms 
through GuardNet, the telecommunications infrastructure of 
the National Guard. 
(c) REPORT.—^Not later than February 1, 2005, the Secretary 
shall submit to Congress a report on the demonstration project. 
The report shall describe the activities conducted under the dem-
onstration project and include any recommendations for the 
improvement or expansion of the demonstration project that the 
Secretary considers appropriate. 
SEC. 391. ADDITIONAL 
CONDITIONS 
ON IMPLEMENTATION 
OF 
DEFENSE JOINT ACCOUNTING SYSTEM. 
(a) REPORT ON DEPLOYMENT OF SYSTEM.—The proposed Defense 
Joint Accounting System is not prohibited, but the Secretary of 
Defense may not grant a Milestone III decision for the system 
unless and until the Secretary of Defense submits to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report— 
(1) explaining the reasons for the withdrawal of the Depart-
ment of the Air Force from the proposed Defense Joint Account-
ing System and the effect of the withdrawal on the development 
of the system; 
(2) explaining the reasons why the Department of the Navy 
is not required to participate in the system; 
(3) identifying business process reengineering initiatives 
reviewed, considered, or undertaken by the Department of the 
Air Force and the Department of the Navy before the decisions 
were made to exclude the Department of the Navy from the 
system and to allow the Department of the Air Force to with-
draw from the system; and 
(4) containing an analysis, prepared with the participation 
of the Secretaries of the military departments, of alternatives 
to the system to determine whether the system warrants 
deployment. 
(b) CERTIFICATION.—If the Secretary of Defense determines that 
the proposed Defense Joint Accounting System warrants a Milestone 
III decision, the Secretary shall submit to the Committee on Armed 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-91 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a certification that the system will 
meet— 
(1) the required functionality for users of the system; 
(2) Department of Defense acquisition standards; 
(3) the applicable requirements for Milestones I, II, and 
III; and 
(4) the applicable requirements of the Clinger-Cohen Act 
of 1996 (divisions D and E of Public Law 104-106). 
SEC. 392. REPORT ON DEFENSE TRAVEL SYSTEM. 
(a) REQUIREMENT FOR REPORT.—Not later than November 30, 
2000, the Secretary of Defense shall submit to the congressional 
defense committees a report on the Defense Travel System. 
(b) CONTENT OF REPORT.—The report shall include the follow-
ing: 
(1) A detailed discussion of the development, testing, and 
fielding of the system, including the performance requirements, 
the evaluation criteria, the funding that has been provided 
for the development, testing, and fielding of the system, and 
the funding that is projected to be required for completing 
the development, testing, and fielding of the system. 
(2) The schedule for the testing of the system, including 
the initial operational test and evaluation and the final oper-
ational testing and evaluation, together with the results of 
the testing. 
(3) The cost savings expected to result from the deployment 
of the system and from the completed implementation of the 
system, together with a discussion of how the savings are 
estimated and the expected schedule for the realization of the 
savings. 
(4) An analysis of the costs and benefits of fielding the 
front-end software for the system throughout all 18 geographi-
cal areas selected for the original fielding of the system. 
SEC. 393. REVIEW OF DEPARTMENT OF DEFENSE COSTS OF MAINTAIN-
ING HISTORICAL PROPERTIES. 
(a) REQUIREMENT FOR REVIEW.—The Comptroller General shall 
conduct a review of the annual costs incurred by the Department 
of Defense to comply with the requirements of the National Historic 
Preservation Act (16 U.S.C. 470 et seq.). 
(b) REPORT.—Not later than February 28, 2001, the Comptroller 
General shall submit to the congressional defense committees a 
report on the results of the review. The report shall contain the 
following: 
(1) For each military department and Defense Agency and 
for the Department of Defense in the aggregate, the cost for 
fiscal year 2000 and the projected costs for the ensuing 10 
fiscal years to comply with the requirements of the National 
Historic Preservation Act. 
(2) Of the costs referred to in paragraph (1), the portion 
of such costs related to maintenance of those properties that 
qualified as historic properties under the National Historic 
Preservation Act when such Act was originally enacted in 1966. 
(3) The accounts used for paying the costs of complying 
with the requirements of the National Historic Preservation 
Act. 
114 STAT. 1654A-92 
PUBLIC LAW 106-398—APPENDIX 
(4) For each military department and Defense Agency, 
the identity of all properties that must be maintained in order 
to comply with the requirements of the National Historic 
Preservation Act. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
SUBTITLE A—ACTIVE FORCES 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent end strength minimum levels. 
Sec. 403. Adjustment to end strength flexioility authority. 
SUBTITLE B—RESERVE FORCES 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians. 
Sec. 415. Increase in numbers of members in certain grades authorized to be on ac-
tive duty in support of the Reserves. 
SUBTITLE C—OTHER MATTERS RELATING TO PERSONNEL STRENGTHS 
Sec. 421. Authority for Secretary of Defense to suspend certain personnel strength 
limitations during war or national emergency. 
Sec. 422. Exclusion from active component end strengtns of certain reserve compo-
nent members on active duty in support of the combatant commands. 
Sec. 423. Exclusion of Army and Air Force medical and dental officers from limita-
tion on strengths of reserve commissioned officers in grades below briga-
dier general. 
Sec. 424. Authority for temporary increases in number of reserve component per-
sonnel serving on active duty or full-time national guard duty in certain 
grades. 
SUBTITLE D—^AUTHORIZATION OF APPROPRIATIONS 
Sec. 431. Authorization of appropriations for military personnel. 
Subtitle A—^Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2001, as follows: 
(1) The Army, 480,000. 
(2) The Navy, 372,642. 
(3) The Marine Corps, 172,600. 
(4) The Air Force, 357,000. 
SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS. 
(a) REVISED END STRENGTH FLOORS.—Section 691(b) of title 
10, United States Code, is amended— 
(1) in paragraph (2), by striking "371,781" and inserting 
"372,000"; 
(2) in paragraph (3), by striking "172,148" and inserting 
"172,600"; and 
(3) in paragraph (4), by striking "360,877" and inserting 
"357,000". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2000. 
SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY. 
Section 691(e) of title 10, United States Code, is amended 
by inserting "or greater than" after "identical to". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-93 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2001, as follows: 
(1) The Army National Guard of the United States, 350,526. 
(2) The Army Reserve, 205,300. 
(3) The Naval Reserve, 88,900. 
(4) The Marine Corps Reserve, 39,558. 
(5) The Air National Guard of the United States, 108,022. 
(6) The Air Force Reserve, 74,358. 
(7) The Coast Guard Reserve, 8,000. 
(b) ADJUSTMENTS.—^The end strengths prescribed by subsection 
(a) for the Selected Reserve of any reserve component shall be 
proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
Whenever such units or such individual members are released 
from active duty during any fiscal year, the end strength prescribed 
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be proportionately increased by the total authorized 
strengths of such units and by the total number of such individual 
members. 
SEC. 412. 
END 
STRENGTHS 
FOR 
RESERVES 
ON 
ACTIVE 
DUTY 
IN 
SUP-
PORT 
OF 
THE 
RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2001, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 22,974. 
(2) The Army Reserve, 13,106. 
(3) The Naval Reserve, 14,649. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 11,170. 
(6) The Air Force Reserve, 1,336. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STA-
TUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2001 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army National Guard of the United States, 
23,128. 
(2) For the Army Reserve, 5,921. 
114 STAT. 1654A-94 
PUBLIC LAW 106-398—APPENDIX 
(3) For the Air National Guard of the United States, 
22,247. 
(4) For the Air Force Reserve, 9,785. 
SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS 
TECHNICIANS. 
(a) LIMITATION.—The number of non-dual status technicians 
employed by the reserve components of the Army and the Air 
Force as of September 30, 2001, may not exceed the following: 
(1) For the Army Reserve, 1,195. 
(2) For the Army National Guard of the United States, 
1,600. 
(3) For the Air Force Reserve, 10. 
(4) For the Air National Guard of the United States, 326. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term "non-dual status technician" has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
(c) 
POSTPONEMENT 
OF 
PERMANENT 
LIMITATION.—Section 
10217(c)(2) of title 10, United States Code, is amended by striking 
"October 1, 2001" and inserting "October 1, 2002". 
SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES 
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF 
THE RESERVES. 
(a) OFFICERS.—The table in section 12011(a) of title 10, United 
States Code, is amended to read as follows: 
"Grade 
Major or Lieutenant Commander 
Lieutenant Colonel or Commander 
Colonel or Navy Captain 
Army 
3,316 
1,759 
529 
Navy 
1,071 
520 
188 
Air 
Force 
948 
852 
317 
Marine 
Corps 
140 
90 
30". 
(b) SENIOR ENLISTED MEMBERS.—The table in section 12012(a) 
of such title is amended to read as follows: 
"Grade 
E - 9 
E - 8 
Army 
764 
2,821 
Navy 
202 
429 
Air 
Force 
502 
1,117 
Marine 
Corps 
20 
94". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2000. 
(d) REPORT.—(1) Not later than March 31, 2001, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a report on management of the grade structure for reserve-
component officers who are subject to section 12011 of title 10, 
United States Code, and on the grade structure of enlisted members 
who are subject to section 12012 of that title. The Secretary of 
Defense shall include in the report recommendations for a perma-
nent solution for managing the grade structures for those officers 
and enlisted members without requirement for frequent statutory 
adjustments to the limitations in those sections. 
(2) In developing recommendations for the report under para-
graph (1), the Secretary shall consider the following areas: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-95 
(A) The grade structure authorized for field-grade officers 
in the active-duty forces and the reasons why the grade struc-
ture for field-grade reserve officers on active duty in support 
of the reserves is different. 
(B) The grade structure authorized for senior enlisted mem-
bers in the active-duty forces and the reasons why the grade 
structure for senior enlisted reserve members on active duty 
in support of the reserves is different. 
(C) The need for independent grade limits for each reserve 
component under sections 12011 and 12012 of title 10, United 
States Code. 
(D) The advantages and disadvantage of replacing manage-
ment by the current grade tables in those sections with manage-
ment through a system based on the grade authorized for 
the position occupied by the member. 
(E) The current mix within each reserve component, for 
each controlled grade, of (i) traditional reservists, (ii) military 
technicians, (iii) regular component members, and (iv) reserve 
members on active duty in support of the reserves, and how 
that mix, for each component, would shift over time under 
the Secretary's recommended solution as specified in paragraph 
(1). 
Subtitle C—Other Matters Relating to 
Personnel Strengths 
SEC. 421. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND CER-
TAIN PERSONNEL STRENGTH LIMITATIONS DURING WAR 
OR NATIONAL EMERGENCY. 
(a) SENIOR ENLISTED MEMBERS ON ACTIVE DUTY.—Section 517 
of title 10, United States Code, is amended by adding at the end 
the following new subsection: 
"(c) Whenever under section 527 of this title the President 
may suspend the operation of any provision of section 523, 525, 
or 526 of this title, the Secretary of Defense may suspend the 
operation of any provision of this section. Any such suspension 
shall, if not sooner ended, end in the manner specified in section 
527 for a suspension under that section.". 
(b) FIELD GRADE RESERVE COMPONENT OFFICERS.—Section 
12011 of such title is amended by adding at the end the following 
new subsection: 
"(c) Whenever under section 527 of this title the President 
may suspend the operation of any provision of section 523, 525, 
or 526 of this title, the Secretary of Defense may suspend the 
operation of any provision of this section. Any such suspension 
shall, if not sooner ended, end in the manner specified in section 
527 for a suspension under that section.". 
(c) SENIOR ENLISTED MEMBER IN RESERVE COMPONENTS.—Sec-
tion 12012 of such title is amended by adding at the end the 
following new subsection: 
"(c) Whenever under section 527 of this title the President 
may suspend the operation of any provision of section 523, 525, 
or 526 of this title, the Secretary of Defense may suspend the 
operation of any provision of this section. Any such suspension 
shall, if not sooner ended, end in the manner specified in section 
527 for a suspension under that section.". 
114 STAT. 1654A-96 
PUBLIC LAW 106-398—APPENDIX 
SEC. 422. EXCLUSION FROM ACTIVE COMPONENT END STRENGTHS 
OF 
CERTAIN 
RESERVE 
COMPONENT 
MEMBERS ON 
ACTIVE DUTY IN SUPPORT OF THE COMBATANT COM-
MANDS. 
Section 115(d) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(9) Members of reserve components (not described in para-
graph (8)) on active duty for more than 180 days but less 
than 271 days to perform special work in support of the combat-
ant commands, except that— 
"(A) general and flag officers may not be excluded 
under this paragraph; and 
"(B) the number of members of any of the armed forces 
excluded under this paragraph may not exceed the number 
equal to 0.2 percent of the end strength authorized for 
active-duty personnel of that armed force under subsection 
(a)(1)(A).". 
SEC. 423. EXCLUSION OF ARMY AND AIR FORCE MEDICAL AND DENTAL 
OFFICERS 
FROM 
LIMITATION 
ON 
STRENGTHS 
OF 
RESERVE COMMISSIONED OFFICERS IN GRADES BELOW 
BRIGADIER GENERAL. 
Section 12005(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) Medical officers and dental officers shall not be counted 
for the purposes of this subsection.". 
SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF 
RESERVE COMPONENT PERSONNEL SERVING ON ACTIVE 
DUTY OR FULL-TIME NATIONAL GUARD DUTY IN CER-
TAIN GRADES. 
(a) FIELD GRADE OFFICERS.—Section 12011 of title 10, United 
States Code, as amended by section 421(b), is amended by adding 
at the end the following new subsection: 
"(d) Upon increasing under subsection (c)(2) of section 115 
of this title the end strength that is authorized under subsection 
(a)(1)(B) of that section for a fiscal year for active-duty personnel 
and full-time National Guard duty personnel of an armed force 
who are to be paid from funds appropriated for reserve personnel, 
the Secretary of Defense may increase for that fiscal year the 
limitation that is set forth in subsection (a) of this section for 
the number of officers of that armed force serving in any grade 
if the Secretary determines that such action is in the national 
interest. The percent of the increase may not exceed the percent 
by which the Secretary increases that end strength.". 
(b) SENIOR ENLISTED PERSONNEL.—Section 12012 of such title, 
as amended by section 421(c), is amended by adding at the end 
the following new subsection: 
"(d) Upon increasing under subsection (c)(2) of section 115 
of this title the end strength that is authorized under subsection 
(a)(1)(B) of that section for a fiscal year for active-duty personnel 
and full-time National Guard duty personnel of an armed force 
who are to be paid from funds appropriated for reserve personnel, 
the Secretary of Defense may increase for that fiscal year the 
limitation that is set forth in subsection (a) of this section for 
the number of enlisted members of that armed force serving in 
any grade if the Secretary determines that such action is in the 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-97 
national interest. The percent of the increase may not exceed the 
percent by which the Secretary increases that end strength.". 
Subtitle D—^Authorization of 
Appropriations 
SEC. 431. AUTHORIZATION 
OF APPROPRIATIONS 
FOR 
MILITARY 
PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for miUtary personnel for fiscal year 2001 a total 
of $75,801,666,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2001. 
TITLE V—MILITARY PERSONNEL 
POLICY 
SUBTITLE A—OFFICER PERSONNEL POLICY 
Sec. 501. Eligibility of Army and Air Force Reserve colonels and brigadier generals 
for position vacancy promotions. 
Sec. 502. Flexibility in establishing promotion zones for Coast Guard Reserve offi-
cers. 
Sec. 503. Time for release of reports of officer promotion selection boards. 
Sec. 504. Clarification of requirements for composition of active-duty list selection 
boards when reserve officers are under consideration. 
Sec. 505. Authority to issue posthumous commissions in the case of members dying 
before official recommendation for appointment or promotion is ap-
proved by Secretary concerned. 
Sec. 506. Technical corrections relating to retired grade of reserve commissioned of-
ficers. 
Sec. 507. Grade of chiefs of reserve components and directors of National Guard 
components. 
Sec. 508. Revision to rules for entitlement to separation pay for regular and reserve 
officers. 
SUBTITLE B—RESERVE COMPONENT PERSONNEL POLICY 
Sec. 521. Exemption from active-duty list for reserve officers on active duty for a 
period of three years or less. 
Sec. 522. Termination of application requirement for consideration of officers for 
continuation on the reserve active-status list. 
Sec. 523. Authority to retain Air Force Reserve officers in all medical specialties 
until specified age. 
Sec. 524. Authority for provision of legal services to reserve component members 
following release from active duty. 
Sec. 525. Extension of involuntary civil service retirement date for certain reserve 
technicians. 
f : 
) 
,
-
•
•
.
. 
SUBTITLE C—EDUCATION AND TRAINING 
Sec. 531. Eligibility of children of Reserves for Presidential appointment to service 
academies. 
Sec. 532. Selection of foreign students to receive instruction at service academies. 
Sec. 533. Revision of college tuition assistance program for members of Marine 
Corps Platoon Leaders Class program. 
Sec. 534. Review of allocation of Junior Reserve Officers Training Corps units 
among the services. 
Sec. 535. Authority for Naval Postgraduate School to enroll certain defense indus-
try civilians in specified programs relating to defense product develop-
ment. 
SUBTITLE D—DECORATIONS, AWARDS, AND COMMENDATIONS 
Sec. 541. Limitation on award of Bronze Star to members in receipt of imminent 
danger pay. 
114 STAT. 1654A-98 
PUBLIC LAW 106-398—APPENDIX 
Sec. 542. Consideration of proposals for posthumous or honorary promotions or ap-
pointments of members or former members of the Armed Forces and 
other qualified persons. 
Sec. 543. Waiver of time limitations for award of certain decorations to certain per-
sons. 
Sec. 544. Addition of certain information to markers on graves containing remains 
of certain unknowns from the U.S.S. Arizona who died in the Japanese 
attack on Pearl Harbor on December 7, 1941. 
Sec. 545. Sense of Congress on the court-martial conviction of Captain Charles But-
ler McVay, Commander of the U.S.S. Indianapolis, and on the coura-
geous service of the crew of that vessel. 
Sec. 546. Posthumous advancement on retired list of Rear Admiral Husband E. 
Kimmel and Major General Walter C. Short, senior officers in command 
in Hawaii on December 7, 1941. 
Sec. 547. Commendation of citizens of Remy, France, for World War II actions. 
Sec. 548. Authority for award of the Medal of Honor to William H. Pitsenbarger for 
valor during the Vietnam War. 
SUBTITLE E—MILITARY JUSTICE AND LEGAL ASSISTANCE MATTERS 
Sec. 551. Recognition by States of military testamentary instruments. 
Sec. 552. Policy concerning rights of individuals whose names have been entered 
into Department of Defense official criminal investigative reports. 
Sec. 553. Limitation on Secretarial authority to grant clemency for military pris-
oners serving sentence of confinement for life without eligibility for pa-
role. 
Sec. 554. Authority for civilian special agents of military department criminal in-
vestigative organizations to execute warrants and make arrests. 
Sec. 555. Requirement for verbatim record in certain special court-martial cases. 
Sec. 556. Commemoration of the 50th anniversary of the Uniform Code of Military 
Justice. 
SUBTITLE F—MATTERS RELATING TO RECRUITING 
Sec. 561. Army recruiting pilot programs. 
Sec. 562. Enhancement of recruitment market research and advertising programs. 
Sec. 563. Access to secondary schools for military recruiting purposes. 
Sec. 564. Pilot program to enhance military recruiting by improving military 
awEireness of school counselors and educators. 
SUBTITLE G—OTHER MATTERS 
Sec. 571. Extension to end of calendar year of expiration date for certain force 
drawdown transition authorities. 
Sec. 572. Voluntary separation incentive. 
Sec. 573. Congressional review period for assignment of women to duty on sub-
marines and for any proposed reconfiguration or design of submarines 
to accommodate female crew members. 
Sec. 574. Management and per diem requirements for members subject to lengthy 
or numerous deployments. 
Sec. 575. Pay in lieu of allowance for fiineral honors duty. 
Sec. 576. Test of ability of reserve component intelligence units and personnel to 
meet current and emerging defense intelligence needs. 
Sec. 577. National Guard Challenge Program. 
Sec. 578. Study of use of civilian contractor pilots for operational support missions. 
Sec. 579. Reimbursement for expenses incurred by members in connection with 
cancellation of leave on short notice. 
Subtitle A—Officer Personnel Policy 
SEC. 501. ELIGIBILITY OF ARMY AND AIR FORCE RESERVE COLONELS 
AND BRIGADIER GENERALS FOR POSITION VACANCY 
PROMOTIONS. 
Section 14315(b) of title 10, United States Code, is amended— 
(1) in paragraph (1), by inserting after "(A) is assigned 
to the duties of a general officer of the next higher reserve 
grade in the Army Reserve" the following: "or is recommended 
for such an assignment under regulations prescribed by the 
Secretary of the Army"; and 
(2) in paragraph (2), by inserting after "(A) is assigned 
to the duties of a general officer of the next higher reserve 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-99 
grade" the following: "or is recommended for such an assign-
ment under regulations prescribed by the Secretary of the 
Air Force". 
SEC. 502. FLEXIBILITY IN ESTABLISHING PROMOTION ZONES FOR 
COAST GUARD RESERVE OFFICERS. 
(a) COAST GUARD RESERVE OFFICER PROMOTION SYSTEM BASED 
ON DOD ROPMA SYSTEM.—Section 729(d) of title 14, United States 
Code, is amended to read as follows: 
"(d)(1) Before convening a selection board to recommend 
Reserve officers for promotion, the Secretary shall establish a pro-
motion zone for officers serving in each grade to be considered 
by the board. The Secretary shall determine the number of officers 
in the promotion zone for officers serving in any grade from among 
officers who are eligible for promotion in that grade. 
"(2)(A) Before convening a selection board to recommend 
Reserve officers for promotion to a grade (other than the grade 
of lieutenant (junior grade)), the Secretary shall determine the 
maximum number of officers in that grade that the board may 
recommend for promotion. 
"(B) The Secretary shall make the determination 
under 
subparagraph (A) of the maximum number that may be rec-
ommended with a view to having in an active status a sufficient 
number of Reserve officers in each grade to meet the needs of 
the Coast Guard for Reserve officers in an active status. 
"(C) In order to make the determination under subparagraph 
(B), the Secretary shall determine the following: 
"(i) The number of positions needed to accomplish mission 
objectives that require officers in the grade to which the board 
will recommend officers for promotion. 
"(ii) The estimated number of officers needed to fill vacan-
cies in such positions during the period in which it is antici-
pated that officers selected for promotion will be promoted. 
"(iii) The number of officers authorized by the Secretary 
to serve in an active status in the grade under consideration. 
"(iv) Any statutory limitation on the number of officers 
in any grade authorized to be in an active status. 
"(3)(A) The Secretary may, when the needs of the Coast Guard 
require, authorize the consideration of officers in a grade above 
lieutenant (junior grade) for promotion to the next higher grade 
from below the promotion zone. 
"(B) When selection from below the promotion zone is author-
ized, the Secretary shall establish the number of officers that may 
be recommended for promotion from below the promotion zone. 
That number may not exceed the number equal to 10 percent 
of the maximum number of officers that the board is authorized 
to recommend for promotion, except that the Secretary may author-
ize a greater number, not to exceed 15 percent of the total number 
of officers that the board is authorized to recommend for promotion, 
if the Secretary determines that the needs of the Coast Guard 
so require. If the maximum number determined under this subpara-
graph is less than one, the board may recommend one officer 
for promotion from below the promotion zone. 
"(C) The number of officers recommended for promotion from 
below the promotion zone does not increase the maximum number 
of officers that the board is authorized to recommend for promotion 
under paragraph (2).". 
114 STAT. 1654A-100 
PUBLIC LAW 106-398—APPENDIX 
(b) RUNNING MATE SYSTEM MADE OPTIONAL.—(1) Section 731 
of such title is amended— 
(A) by designating the text of such section as subsection 
(b); 
(B) by inserting after the section heading the following: 
"(a) AUTHORITY TO USE RUNNING MATE SYSTEM.—The Sec-
retary may by regulation implement section 729(d)(1) of this title 
by requiring that the promotion zone for consideration of Reserve 
officers in an active status for promotion to the next higher grade 
be determined in accordsince with a running mate system as pro-
vided in subsection (b)."; 
(C) in subsection (b), as designated by subparagraph (A), 
by striking "Subject to the eligibility requirements of this sub-
chapter, a Reserve officer shall" and inserting the following: 
"CONSIDERATION FOR PROMOTION.—If promotion zones are 
determined as authorized under subsection (a), a Reserve officer 
shall, subject to the eligibility requirements of this subchapter,"; 
and 
(D) by adding at the end the following: 
"(c) CONSIDERATION OF OFFICERS BELOW THE ZONE.—If 
the 
Secretary authorizes the selection of officers for promotion from 
below the promotion zone in accordance with section 729(d)(3) of 
this title, the number of officers to be considered from below the 
zone may be established through the application of the running 
mate system under this subchapter or otherwise as the Secretary 
determines to be appropriate to meet the needs of the Coast Guard.". 
(2)(A) The heading for such section is amended to read as 
follows: 
''§731. Establishment of promotion zones under running 
mate system". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 21 of such title is amended to read 
as follows: 
"731. Establishment of promotion zones under running mate system.". 
(c) EFFECTIVE DATE.—The amendments made by this section 
^ 
shall apply with respect to selection boards convened under section 
730 of title 14, United States Code, on or after the date of the 
enactment of this Act. 
SEC. 503. TIME FOR RELEASE OF REPORTS OF OFFICER PROMOTION 
SELECTION BOARDS. 
(a) ACTIVE-DUTY LIST OFFICER BOARDS.—Section 618(e) of title 
10, United States Code, is amended to read as follows: 
"(e)(1) The names of the officers recommended for promotion 
in the report of a selection board shall be disseminated to the 
armed force concerned as follows: 
"(A) In the case of officers recommended for promotion 
to a grade below brigadier general or rear admiral (lower half), 
such names may be disseminated upon, or at any time after, 
the transmittal of the report to the President. 
"(B) In the case of officers recommended for promotion 
to a grade above colonel or, in the case of the Navy, captain, 
such names may be disseminated upon, or at any time after, 
the approval of the report by the President. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-101 
"(C) In the case of officers whose names have not been 
sooner disseminated, such names shall be promptly dissemi-
nated upon confirmation by the Senate. 
"(2) A list of names of officers disseminated under paragraph 
(1) may not include— 
"(A) any name removed by the President from the report 
of the selection board containing that name, if dissemination 
is under the authority of subparagraph (B) of such paragraph; 
or 
"(B) the name of any officer whose promotion the Senate 
failed to confirm, if dissemination is under the authority of 
subparagraph (C) of such paragraph.". 
(b) RESERVE ACTIVE-STATUS LIST OFFICER BOARDS.—The text 
of section 14112 of title 10, United States Code, is amended to 
read as follows: 
"(a) TIME FOR DISSEMINATION.—^The names of the officers rec-
ommended for promotion in the report of a selection board shall 
be disseminated to the armed force concerned as follows: 
"(1) In the case of officers recommended for promotion 
to a grade below brigadier general or rear admiral (lower half), 
such names may be disseminated upon, or at any time after, 
the transmittal of the report to the President. 
"(2) In the case of officers recommended for promotion 
to a grade above colonel or, in the case of the Navy, captain, 
such names may be disseminated upon, or at any time after, 
the approval of the report by the President. 
"(3) In the case of officers whose names have not been 
sooner 
disseminated, 
such 
names 
shall 
be 
promptly 
disseminated— 
"(A) upon confirmation of the promotion of the officers 
by the Senate (in the case of promotions required to be 
submitted to the Senate for confirmation); or 
"(B) upon the approval of the report by the President 
(in the case of promotions not required to be submitted 
to the Senate for confirmation). 
"(b) NAMES NOT DISSEMINATED.—^A list of names of officers 
disseminated under subsection (a) may not include— 
"(1) any name removed by the President from the report 
of the selection board containing that name, if dissemination 
is under the authority of paragraph (2) or (3)(B) of that sub-
section; or 
"(2) the name of any officer whose promotion the Senate 
failed to confirm, if dissemination is under the authority of 
paragraph (3)(A) of that subsection.". 
SEC. 504. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF 
ACTIVE-DUTY LIST SELECTION BOARDS WHEN RESERVE 
OFFICERS ARE UNDER CONSIDERATION. 
(a) CLARIFICATION.—Section 612(a) of title 10, United States 
Code, is amended— 
(1) in paragraph (1)— 
(A) by striking "who are on the active-duty list" in 
the second sentence; and 
(B) by inserting after the second sentence the following 
new sentence: "Each member of a selection board (except 
as provided in paragraphs (2), (3), and (4)) shall be an 
officer on the active-duty list."; and 
114 STAT. 1654A-102 
PUBLIC LAW 106-398—APPENDIX 
(2) in paragraph (3)— 
(A) by striking "of that armed force, with the exact 
number of reserve officers to be" and inserting "of that 
armed force on active duty (whether or not on the active-
duty Hst). The actual number of reserve officers shall be"; 
and 
(B) by striking "his discretion, except that" and insert-
ing "the Secretary's discretion. Notwithstanding the first 
sentence of this paragraph,". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to any selection board convened under section 611(a) 
of title 10, United States Code, on or after August 1, 1981. 
SEC. 505. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE 
CASE OF MEMBERS DYING BEFORE OFFICIAL REC-
OMMENDATION FOR APPOINTMENT OR PROMOTION IS 
APPROVED BY SECRETARY CONCERNED. 
(a) REPEAL OF LIMITATION TO DEATHS OCCURRING AFTER SEC-
RETARIAL APPROVAL.—Subsection (a)(3) of section 1521 of title 10, 
United States Code, is amended by striking "and the recommenda-
tion for whose appointment or promotion was approved by the 
Secretary concerned". 
(b) EFFECTIVE DATE OF COMMISSION.—Subsection (b) of such 
section is amended by striking "approval" both places it appears 
and inserting "official recommendation". 
SEC. 506. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE 
OF RESERVE COMMISSIONED OFFICERS. 
(a) ARMY.—Section 3961(a) of title 10, United States Code, 
is amended by striking "or for nonregular service under chapter 
1223 of this title". 
(b) AIR FORCE.—Section 8961(a) of title 10, United States Code, 
is amended by striking "or for nonregular service under chapter 
1223 of this title". 
(c) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall apply to Reserve commissioned officers who are 
promoted to a higher grade as a result of selection for promotion 
by a board convened under chapter 36 or 1403 of title 10, United 
States Code, or having been found qualified for Federal recognition 
in a higher grade under chapter 3 of title 32, United States Code, 
after October 1, 1996. 
SEC. 507. 
GRADE 
OF 
CHIEFS 
OF 
RESERVE 
COMPONENTS 
AND 
DIREC-
TORS 
OF 
NATIONAL 
GUARD 
COMPONENTS. 
(a) CHIEF OF ARMY RESERVE.—Subsections (b) and (c) of section 
3038 of title 10, United States Code, are amended to read as 
follows: 
"(b) APPOINTMENT.—(1) The President, by and with the advice 
and consent of the Senate, shall appoint the Chief of Army Reserve 
from general officers of the Army Reserve who have had at least 
10 years of commissioned service in the Army Reserve. 
"(2) The Secretary of Defense may not recommend an officer 
to the President for appointment as Chief of Army Reserve unless 
the officer— 
"(A) is recommended by the Secretary of the Army; and 
"(B) is determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-103 
established by the Chairman, to have significant joint duty 
experience. 
"(3) An officer on active duty for service as the Chief of Army 
Reserve shall be counted for purposes of the grade limitations 
under sections 525 and 526 of this title. 
"(4) Until October 1, 2003, the Secretary of Defense may waive 
subparagraph (B) of paragraph (2) with respect to the appointment 
of an officer as Chief of Army Reserve if the Secretary of the 
Army requests the waiver and, in the judgment of the Secretary 
of Defense— 
"(A) the officer is qualified for service in the position; 
and 
"(B) the waiver is necessary for the good of the service. 
Any such waiver shall be made on a case-by-case basis. 
"(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Army 
Reserve is appointed for a period of four years, but may be removed 
for cause at any time. An officer serving as Chief of Army Reserve 
may be reappointed for one additional four-year period. 
"(2) The Chief of Army Reserve, while so serving, holds the 
grade of lieutenant general.". 
(b) CHIEF OF NAVAL RESERVE.—Subsections (b) and (c) of section 
5143 of such title are amended to read as follows: 
"(b) APPOINTMENT.—(1) The President, by and with the advice 
and consent of the Senate, shall appoint the Chief of Naval Reserve 
from flag officers of the Navy (as defined in section 5001(1)) who 
have had at least 10 years of commissioned service. 
"(2) The Secretary of Defense may not recommend an officer 
to the President for appointment as Chief of Naval Reserve unless 
the officer— 
"(A) is recommended by the Secretary of the Navy; and 
"(B) is determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience. 
"(3) An officer on active duty for service as the Chief of Naval 
Reserve shall be counted for purposes of the grade limitations 
under sections 525 and 526 of this title. 
"(4) Until October 1, 2003, the Secretary of Defense may waive 
subparagraph (B) of paragraph (2) with respect to the appointment 
of an officer as Chief of Naval Reserve if the Secretary of the 
Navy requests the waiver and, in the judgment of the Secretary 
of Defense— 
"(A) the officer is qualified for service in the position; 
and 
"(B) the waiver is necessary for the good of the service. 
Any such waiver shall be made on a case-by-case basis. 
"(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Naval 
Reserve is appointed for a term determined by the Chief of Naval 
Operations, normally four years, but may be removed for cause 
at any time. An officer serving as Chief of Naval Reserve may 
be reappointed for one additional term of up to four years. 
"(2) The Chief of Naval Reserve, while so serving, holds the 
grade of vice admiral.". 
(c) COMMANDER, MARINE FORCES RESERVE.—Subsections (b) 
and (c) of section 5144 of such title are amended to read as follows: 
"(b) APPOINTMENT.—(1) The President, by and with the advice 
and consent of the Senate, shall appoint the Commander, Marine 
114 STAT. 1654A-104 
PUBLIC LAW 106-398—APPENDIX 
Forces Reserve, from general officers of the Marine Corps (as 
defined in section 5001(2)) who have had at least 10 years of 
commissioned service. 
"(2) The Secretary of Defense may not recommend an officer 
to the President for appointment as Commander, Marine Forces 
Reserve, unless the officer— 
"(A) is recommended by the Secretary of the Navy; and 
"(B) is determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience. 
"(3) An officer on active duty for service as the Commander, 
Marine Forces Reserve, shall be counted for purposes of the grade 
limitations under sections 525 and 526 of this title. 
"(4) Until October 1, 2003, the Secretary of Defense may waive 
subparagraph (B) of paragraph (2) with respect to the appointment 
of an officer as Commander, Marine Forces Reserve, if the Secretary 
of the Navy requests the waiver and, in the judgment of the Sec-
retary of Defense— 
"(A) the officer is qualified for service in the position; 
and 
"(B) the waiver is necessary for the good of the service. 
Any such waiver shall be made on a case-by-case basis. 
"(c) TERM; 
REAPPOINTMENT; GRADE.—(1) The Commander, 
Marine Forces Reserve, is appointed for a term determined by 
the Commandant of the Marine Corps, normally four years, but 
may be removed for cause at any time. An officer serving as Com-
mander, Marine Forces Reserve, may be reappointed for one addi-
tional term of up to four years. 
"(2) The Commander, Marine Forces Reserve, while so serving, 
holds the grade of lieutenant general.". 
(d) CHIEF OF AIR FORCE RESERVE.—Subsections (b) and 
(c) 
of section 8038 of such title are amended to read as follows: 
"(b) APPOINTMENT.—(1) The President, by and with the advice 
and consent of the Senate, shall appoint the Chief of Air Force 
Reserve from general officers of the Air Force Reserve who have 
had at least 10 years of commissioned service in the Air Force. 
"(2) The Secretary of Defense may not recommend an officer 
to the President for appointment as Chief of Air Force Reserve 
unless the officer— 
"(A) is recommended by the Secretary of the Air Force; 
and 
"(B) is determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience. 
"(3) An officer on active duty for service as the Chief of Air 
Force Reserve shall be counted for purposes of the grade limitations 
under sections 525 and 526 of this title. 
"(4) Until October 1, 2003, the Secretary of Defense may waive 
subparagraph (B) of paragraph (2) with respect to the appointment 
of an officer as Chief of Air Force Reserve if the Secretary of 
the Air Force requests the waiver and, in the judgment of the 
Secretary of Defense— 
"(A) the officer is qualified for service in the position; 
and 
"(B) the waiver is necessary for the good of the service. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-105 
Any such waiver shall be made on a case-by-case basis. 
"(c) TERM; REAPPOINTMENT; GRADE.—(1) The Chief of Air Force 
Reserve is appointed for a period of four years, but may be removed 
for cause at any time. An officer serving as Chief of Air Force 
Reserve may be reappointed for one additional four-year period. 
"(2) The Chief of Air Force Reserve, while so serving, holds 
the grade of lieutenant general.". 
(e) 
DIRECTORS IN THE NATIONAL GUARD BUREAU.—Section 
10506(a) of such title is amended— 
(1) in subparagraphs (A) and (B) of paragraph (1), by 
striking "while so serving shall hold the grade of major general 
or, if appointed to that position in accordance with section 
12505(a)(2) of this title, the grade of lieutenant general, and" 
and inserting "shall be appointed in accordance with paragraph 
(3), shall hold the grade of lieutenant general while so serving, 
and shall"; and 
(2) by adding at the end the following new paragraph: 
"(3)(A) The President, by and with the advice and consent 
of the Senate, shall appoint the Director, Army National Guard, 
from general officers of the Army National Guard of the United 
States and shall appoint the Director, Air National Guard, from 
general officers of the Air National Guard of the United States. 
"(B) The Secretary of Defense may not recommend an officer 
to the President for appointment as Director, Army National Guard, 
or as Director, Air National Guard, unless the officer— 
"(i) is recommended by the Secretary of the military depart-
ment concerned; and 
"(ii) is determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience. 
"(C) An officer on active duty for service as the Director, Army 
National Guard, or the Director, Air National Guard, shall be 
counted for purposes of the grade limitations under sections 525 
and 526 of this title. 
"(D) Until October 1, 2003, the Secretary of Defense may waive 
clause (ii) of subparagraph (B) with respect to the appointment 
of an officer as Director, Army National Guard, or as Director, 
Air National Guard, if the Secretary of the military department 
concerned requests the waiver and, in the judgment of the Secretary 
of Defense— 
"(i) the officer is qualified for service in the position; and 
"(ii) the waiver is necessary for the good of the service. 
Any such waiver shall be made on a case-by-case basis. 
"(E) The Director, Army National Guard, and the Director, 
Air National Guard, are appointed for a period of four years, but 
may be removed for cause at any time. An officer serving as either 
Director may be reappointed for one additional four-year period.". 
(f) REPEAL OF SUPERSEDED SECTION.—(1) Section 12505 of such 
title is repealed. 
(2) The table of sections at the beginning of chapter 1213 
is amended by striking the item relating to section 12505. 
(g) CONFORMING INCREASE IN AUTHORIZED NUMBER OF 0-9 
POSITIONS.—Section 525(b) of such title is amended— 
(1) in paragraph (1)— 
(A) by striking "Army, Air Force, or Marine Corps" 
in the first sentence and inserting "Army or Air Force"; 
114 STAT. 1654A-106 
PUBLIC LAW 106-398—APPENDIX 
(B) by striking "15 percent" both places it appears 
and inserting "15.7 percent"; 
(C) by striking "In the case of the Army and Air Force, 
of" at the beginning of the second sentence and inserting 
"Of"; and 
(D) by inserting "of the Army or Air Force" in the 
second sentence after "general officers"; and 
(2) in paragraph (2)— 
(A) by inserting "(A)" after "(2)"; 
(B) by striking "15 percent" both places it appears 
and inserting "15.7 percent"; and 
(C) by adding at the end the following: 
"(B) No appointment may be made in a grade above major 
general in the Marine Corps if that appointment would result 
in more than 16.2 percent of the general officers of the Marine 
Corps on active duty being in grades above major general.". 
(h) STUDY OF INCREASE IN GRADE FOR VICE CHIEF OF NATIONAL 
GUARD BUREAU.—(1) The Secretary of Defense shall conduct a 
study of the advisability of changing the grade authorized for the 
Vice Chief of the National Guard Bureau from major general to 
lieutenant general. 
(2) As part of the study, the Chief of the National Guard 
Bureau shall submit to the Secretary of Defense an analysis of 
the functions and responsibilities of the Vice Chief of the National 
Guard Bureau and the Chiefs recommendation as to whether the 
grade for the Vice Chief should be changed from major general 
to lieutenant general. 
(3) Not later than February 1, 2001, the Secretary shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the study. The report shall include 
the following— 
(A) the recommendation of the Chief of the National Guard 
Bureau and any other information provided by the Chief to 
the Secretary of Defense pursuant to paragraph (2); 
(B) the conclusions resulting from the study; and 
(C) the Secretary's recommendations regarding whether 
the grade authorized for the Vice Chief of the National Guard 
Bureau should be changed to lieutenant general. 
(i) IMPLEMENTATION.—(1) An appointment or reappointment, 
in the case of the incumbent in a reserve component chief position, 
shall be made to each of the reserve component chief positions 
not later than 12 months after the date of the enactment of this 
Act, in accordance with the amendments made by subsections (a) 
through (e). 
(2) An officer serving in a reserve component chief position 
on the date of the enactment of this Act may be reappointed 
to that position under the amendments made by subsection (a) 
through (e), if eligible and otherwise qualified in accordance with 
those amendments. If such an officer is so reappointed, the appoint-
ment may be made for the remainder of the officer's original term 
or for a full new term, as specified at the time of the appointment. 
(3) An officer serving on the date of the enactment of this 
Act in a reserve component chief position may continue to serve 
in that position in accordance with the provisions of law in effect 
immediately before the amendments made by this section until 
a successor is appointed under paragraph (1) (or that officer is 
reappointed under paragraph (1)). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-107 
* (4) The amendments made by subsection (g) shall be imple-
mented so that each increase authorized by those amendments 
in the number of officers in the grades of lieutenant general and 
vice admiral is implemented on a case-by-case basis with an initial 
appointment made after the date of the enactment of this Act, 
as specified in paragraph (1), to a reserve component chief position. 
(5) For purposes of this subsection, the term "reserve component 
chief position" means a position specified in section 3038, 5143, 
5144, or 8038 of title 10, United States Code, or the position 
of Director, Army National Guard or Director, Air National Guard 
under section 10506(a)(1) of such title. 
SEC. 508. REVISION TO RULES FOR ENTITLEMENT TO SEPARATION 
PAY FOR REGULAR AND RESERVE OFFICERS. 
(a) REGULAR OFFICERS.—Subsection (a) of section 1174 of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
"(4) Notwithstanding paragraphs (1) and (2), an officer who 
is subject to discharge under any provision of chapter 36 of this 
title or under section 580 or 6383 of this title by reason of having 
twice failed of selection for promotion to the next higher grade 
is not entitled to separation pay under this section if that officer, 
after such second failure of selection for promotion, is selected 
for, and declines, continuation on active duty for a period that 
is equal to or more than the amount of service required to qualify 
the officer for retirement.". 
(b) RESERVE OFFICERS.—Subsection (c) of such section is amend-
ed by adding at the end the following new paragraph: 
"(4) In the case of an officer who is subject to discharge or 
release from active duty under a law or regulation requiring that 
an officer who has failed of selection for promotion to the next 
higher grade for the second time be discharged or released from 
active duty and who, after such second failure of selection for 
promotion, is selected for, and declines, continuation on active 
duty— 
"(A) if the period of time for which the officer was selected 
for continuation on active duty is less than the amount of 
service that would be required to qualify the officer for retire-
ment, the officer's discharge or release from active duty shall 
be considered to be involuntary for purposes of paragraph (1)(A); 
and 
"(B) if the period of time for which the officer was selected 
for continuation on active duty is equal to or more than the 
amount of service that would be required to qualify the officer 
for retirement, the officer's discharge or release from active 
duty shall not be considered to be involuntary for the purposes 
of paragraph (1)(A).". 
(c) EFFECTIVE DATE.—Paragraph (4) of section 1174(a) of title 
10, United States Code, as added by subsection (a), and paragraph 
(4) of section 1174(c) of such title, as added by subsection (b), 
shall apply with respect to any offer of selective continuation on 
active duty that is declined on or after the date of the enactment 
of this Act. 
114 STAT. 1654A-108 
PUBLIC LAW 106-398—APPENDIX 
Subtitle B—Reserve Component Personnel 
Policy 
SEC. 521. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE OFFI-
CERS ON ACTIVE DUTY FOR A PERIOD OF THREE YEARS 
OR LESS. 
Section 641(1) of title 10, United States Code, is amended— 
(1) by redesignating subparagraphs (D) through (G) as 
subparagraphs (E) through (H), respectively; and 
(2) by inserting after subparagraph (C) the following new 
subparagraph: 
"(D) on the reserve active-status list who are on active 
duty under section 12301(d) of this title, other than as 
provided in subparagraph (C), under a call or order to 
active duty specifying a period of three years or less;". 
SEC. 522. TERMINATION OF APPLICATION REQUIREMENT FOR CONSID-
ERATION OF OFFICERS FOR CONTINUATION ON THE 
RESERVE ACTIVE-STATUS LIST. 
Section 14701(a)(1) of title 10, United States Code, is amended 
by striking "Upon application, a reserve officer" and inserting "A 
reserve officer". 
SEC. 523. AUTHORITY TO RETAIN AIR FORCE RESERVE OFFICERS IN 
ALL MEDICAL SPECIALTIES UNTIL SPECIFIED AGE. 
Section 14703(a)(3) of title 10, United States Code, is amended 
by striking "veterinary officer" and all that follows through the 
period and inserting "Air Force nurse. Medical Service Corps officer, 
biomedical sciences officer, or chaplain.". 
SEC. 524. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO 
RESERVE COMPONENT MEMBERS FOLLOWING RELEASE 
FROM ACTIVE DUTY. 
(a) LEGAL SERVICES.—Section 1044(a) of title 10, United States 
Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
"(4) Members of reserve components not covered by para-
graph (1) or (2) following release from active duty under a 
call or order to active duty for more than 30 days issued 
under a mobilization authority (as determined by the Secretary 
of Defense), for a period of time, prescribed by the Secretary 
of Defense, that begins on the date of the release and is not 
less than twice the length of the period served on active duty 
under that call or order to active duty.". 
(b) DEPENDENTS.—Paragraph (5) of such section, as redesig-
nated by subsection (a)(1), is amended by striking "and (3)" and 
inserting "(3), and (4)". 
(c) IMPLEMENTING REGULATIONS.—Regulations to implement 
the amendments made by this section shall be prescribed not later 
than 180 days after the date of the enactment of this Act. 
SEC. 525. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT 
DATE FOR CERTAIN RESERVE TECHNICIANS. 
(a) MANDATORY RETIREMENT NOT APPLICABLE UNTIL AGE 60.— 
Section 10218 of title 10, United States Code, is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-109 
(1) in subsection (a)— 
(A) by inserting "and is age 60 or older at that time" 
after "unreduced annuity" in paragraph (2); 
(B) by inserting "or is under age 60 at that time" 
after "unreduced annuity" in paragraph (3)(A); and 
(C) by inserting "and becoming 60 years of age" after 
"unreduced annuity" in paragraph (3)(B)(ii)(I); and 
(2) in subsection (b)— 
(A) by inserting "and is age 60 or older" after 
"unreduced annuity" in paragraph (1); 
(B) by inserting "or is under age 60" after "unreduced 
annuity" in paragraph (2)(A); and 
(C) by inserting "and becoming 60 years of age" after 
"unreduced annuity" in paragraph (2)(B)(ii)(I). 
(b) TRANSITION PROVISION.—(1) An individual who before the 
date of the enactment of this Act was involuntarily separated or 
retired from employment as an Army Reserve or Air Force Reserve 
technician under section 10218 of title 10, United States Code, 
and who would not have been so separated if the provisions of 
subsection (c) of that section, as amended by subsection (a), had 
been in effect at the time of such separation may, with the approval 
of the Secretary concerned, be reinstated to the technician status 
held by that individual immediately before that separation. The 
effective date of any such reinstatement is the date the employee 
resumes technician status. 
(2) The authority under paragraph (1) applies only to reinstate-
ment for which an application is received by the Secretary concerned 
before the end of the one-year period beginning on the date of 
the enactment of this Act. 
Subtitle C—Education and Training 
SEC. 531. ELIGIBILITY OF CHILDREN OF RESERVES FOR PRESI-
DENTIAL APPOINTMENT TO SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4342(b)(1) of 
title 10, United States Code, is amended— 
(1) in subparagraph (B), by striking ", other than those 
granted retired pay under section 12731 of this title (or under 
section 1331 of this title as in effect before the effective date 
of the Reserve Officer Personnel Management Act)"; and 
(2) by inserting after subparagraph (B) the following: 
"(C) are serving as members of reserve components 
and are credited with at least eight years of service com-
puted under section 12733 of this title; or 
"(D) would be, or who died while they would have 
been, entitled to retired pay under chapter 1223 of this 
title except for not having attained 60 years of age;". 
(b) UNITED STATES NAVAL ACADEMY.—Section 6954(b)( 1) of such 
title is amended— 
(1) in subparagraph (B), by striking ", other than those 
granted retired pay under section 12731 of this title (or under 
section 1331 of this title as in effect before the effective date 
of the Reserve Officer Personnel Management Act)"; and 
(2) by inserting after subparagraph (B) the following: 
114 STAT. 1654A-110 
PUBLIC LAW 106-398—APPENDIX 
"(C) are serving as members of reserve components 
and are credited with at least eight years of service com-
puted under section 12733 of this title; or 
"(D) would be, or who died while they would have 
been, entitled to retired pay under chapter 1223 of this 
title except for not having attained 60 years of age;", 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(b)(1) 
of such title is amended— 
(1) in subparagraph (B), by striking ", other than those 
granted retired pay under section 12731 of this title (or under 
section 1331 of this title as in effect before the effective date 
of the Reserve Officer Personnel Management Act)"; and 
(2) by inserting after subparagraph (B) the following: 
"(C) are serving as members of reserve components 
and are credited with at least eight years of service com-
puted under section 12733 of this title; or 
"(D) would be, or who died while they would have 
been, entitled to retired pay under chapter 1223 of this 
title except for not having attained 60 years of age;". 
SEC. 532. SELECTION OF FOREIGN STUDENTS TO RECEIVE INSTRUC-
TION AT SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 4344(a) of title 
10, United States Code, is amended by adding at the end the 
following new paragraph: 
"(3) In selecting persons to receive instruction under this section 
from among applicants from the countries approved under para-
graph (2), the Secretary of the Army shall give a priority to persons 
who have a national service obligation to their countries upon 
graduation from the Academy.". 
(b) UNITED STATES NAVAL ACADEMY.—Section 6957(a) of such 
title is amended by adding at the end the following new paragraph: 
"(3) In selecting persons to receive instruction under this section 
from among applicants from the countries approved under para-
graph (2), the Secretary of the Navy shall give a priority to persons 
who have a national service obligation to their countries upon 
graduation from the Academy.". 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9344(a) of 
such title is amended by adding at the end the following new 
paragraph: 
"(3) In selecting persons to receive instruction under this section 
from among applicants from the countries approved under para-
graph (2), the Secretary of the Air Force shall give a priority 
to persons who have a national service obligation to their countries 
upon graduation from the Academy.". 
(d) APPLICABILITY.—The amendments made by this section shall 
apply with respect to academic years that begin after October 
1, 2000. 
SEC. 533. REVISION OF COLLEGE TUITION ASSISTANCE PROGRAM FOR 
MEMBERS OF MARINE CORPS PLATOON LEADERS CLASS 
PROGRAM. 
(a) ELIGIBILITY OF OFFICERS.—Section 16401 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking "enlisted" in the matter 
preceding paragraph (1); and 
(2) in subsection (bXl)— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-111 
(A) by striking "an enlisted member" in the matter 
preceding subparagraph (A) and inserting "a member"; and 
(B) by striking "an officer candidate in" in subpara-
graph (A) and inserting "a member of". 
(b) REPEAL OF AGE LIMITATIONS.—Subsection (b) of such section 
is amended— 
(1) in paragraph (1)— 
(A) by striking subparagraph (B); 
(B) by redesignating subparagraphs (C) and (D) as 
subparagraphs (B) and (C), respectively; and 
(C) in subparagraph (C), as so redesignated, by striking 
"paragraph (3)" and inserting "paragraph (2)"; 
(2) by striking paragraph (2); 
(3) by redesignating paragraph (3) as paragraph (2); and 
(4) in paragraph (2), as so redesignated, by striking "para-
graph (1)(D)" and inserting "paragraph (1)(C)". 
(c) CANDIDATES FOR LAW DEGREES.—Subsection (a)(2) of such 
section is amended by striking "three" and inserting "four". 
(d) SANCTIONS; EXCEPTIONS.—Subsection (f) of such section 
is amended— 
(1) in paragraph (1)— 
(A) by striking "A member who" and inserting "An 
enlisted member who"; 
(B) by inserting "and an officer who receives financial 
assistance under this section may be required to repay 
the full amount of financial assistance," after "for more 
than four years,"; and 
(C) by inserting "or, if already a commissioned officer 
in the Marine Corps, refuses to accept an assignment on 
active duty when offered" in subparagraph (A) after "when 
offered"; and 
(2) by striking paragraph (2) and inserting the following: 
"(2) The Secretary of the Navy may waive the requirements 
of paragraph (1) in the case of a person who— 
"(A) becomes unqualified to serve on active duty as an 
officer due to a circumstance not within the control of the 
person; 
"(B) is not physically qualified for appointment under sec-
tion 532 of this title and later is determined by the Secretary 
of the Navy under section 505 of this title to be unqualified 
for service as an enlisted member of the Marine Corps due 
to a physical or medical condition that was not the result 
of misconduct or grossly negligent conduct; or 
"(C) fails to complete the military or academic requirements 
of the Marine Corps Platoon Leaders Class program due to 
a circumstance not within the control of the person.". 
(e) CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF 
CREDITABLE SERVICE AS A MARINE CORPS OFFICER.—(1) Section 
205(f) of title 37, United States Code, is amended by striking 
"that the officer performed concurrently as a member" and inserting 
"that the officer performed concurrently as an enlisted member". 
(2) Such section is further amended by striking "section 12209" 
and inserting "section 12203". 
(f) AMENDMENTS OF HEADINGS.—(1) The heading of section 
16401 of title 10, United States Code, is amended to read as 
follows: 
114 STAT. 1654A-112 
PUBLIC LAW 106-398—APPENDIX 
"§ 16401. Marine Corps Platoon Leaders Class: college tuition 
assistance program". 
(2) The heading for subsection (a) of such section is amended 
by striking "FOR FINANCIAL ASSISTANCE PROGRAM". 
(g) CLERICAL AMENDMENT.—The item relating to such section 
in the table of chapters at the beginning of chapter 1611 of title 
10, United States Code, is amended to read as follows: 
"16401. Marine Corps Platoon Leaders Class: college tuition assistance program.". 
SEC. 534. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS 
TRAINING CORPS UNITS AMONG THE SERVICES. 
(a) REALLOCATION OF J R O T C UNITS.—Not later than March 
31, 2001, the Secretary of Defense shall— 
(1) review the allocation among the military departments 
of the statutory maximum number of Junior Reserve Officers' 
Training Corps (JROTC) units; and 
(2) redistribute the allocation of those units planned (as 
of the date of the enactment of this Act) for fiscal years 2001 
through 2006 so as to increase the number of units for a 
military department that proposes to more quickly eliminate 
the current waiting list for such units and to commit the 
necessary resources for that purpose. 
(b) PROPOSAL FOR INCREASE IN STATUTORY MAXIMUM.—If, based 
on the review under subsection (a) and the redistribution of the 
allocation of JROTC units under that subsection, the Secretary 
determines that an increase in the statutory maximum number 
of such units is warranted, the Secretary shall include a proposal 
for such an increase in the budget proposal of the Department 
of Defense for fiscal year 2002. 
SEC. 
535. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO 
ENROLL CERTAIN DEFENSE INDUSTRY CIVILIANS IN 
SPECIFIED PROGRAMS RELATING TO DEFENSE PRODUCT 
DEVELOPMENT. 
(a) IN GENERAL.—(1) Chapter 605 of title 10, United States 
Code, is amended by adding at the end the following new section: 
"§7049. Defense industry civilians: admission to defense 
product development program 
"(a) AUTHORITY FOR ADMISSION.—The Secretary of the Navy 
may permit eligible defense industry employees to receive instruc-
tion at the Naval Postgraduate School in accordance with this 
section. Any such defense industry employee may only be enrolled 
in, and may only be provided instruction in, a program leading 
to a master's degree in a curriculum related to defense product 
development. No more than 10 such defense industry employees 
may be enrolled at any one time. Upon successful completion of 
the course of instruction in which enrolled, any such defense indus-
try employee may be awarded an appropriate degree under section 
7048 of this title. 
"(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.—For purposes 
of this section, an eligible defense industry employee is an individual 
employed by a private firm that is engaged in providing to the 
Department of Defense significant and substantial defense-related 
systems, products, or services. A defense industry employee admit-
ted for instruction at the school remains eligible for such instruction 
only so long as that person remains employed by the same firm. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-113 
"(c) ANNUAL CERTIFICATION BY THE SECRETARY OF THE NAVY.— 
Defense industry employees may receive instruction at the school 
during any academic year only if, before the start of that academic 
year, the Secretary of the Navy determines, and certifies to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives, that providing 
instruction to defense industry employees under this section during 
that year— 
"(1) will further the military mission of the school; 
"(2) will enhance the ability of the Department of Defense 
and defense-oriented private sector contractors engaged in the 
design and development of defense systems to reduce the prod-
uct and project lead times required to bring such systems 
to initial operational capability; and 
"(3) will be done on a space-available basis and not require 
an increase in the size of the faculty of the school, an increase 
in the course offerings of the school, or an increase in the 
laboratory facilities or other infrastructure of the school. 
"(d) PROGRAM REQUIREMENTS.—The Secretary of the Navy shall 
ensure that— 
"(1) the curriculum for the defense product development 
program in which defense industry employees may be enrolled 
under this section is not readily available through other schools 
and concentrates on defense product development functions 
that are conducted by military organizations and defense con-
tractors working in close cooperation; and 
"(2) the course offerings at the school continue to be deter-
mined solely by the needs of the Department of Defense. 
"(e) TUITION.—The Superintendent of the school shall charge 
tuition for students enrolled under this section at a rate not less 
than the rate charged for employees of the United States outside 
the Department of the Navy. 
"(f) STANDARDS OF CONDUCT.—^While receiving instruction at 
the school, students enrolled under this section, to the extent prac-
ticable, are subject to the same regulations governing academic 
performance, attendance, norms of behavior, and enrollment as 
apply to Government civilian employees receiving instruction at 
the school. 
"(g) USE OF FUNDS.—^Amounts received by the school for 
instruction of students enrolled under this section shall be retained 
by the school to defray the costs of such instruction. The source, 
and the disposition, of such funds shall be specifically identified 
in records of the school.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"7049. Defense industry civilians: admission to defense product development pro-
gram.". 
(b) PROGRAM EVALUATION AND REPORT.—(1) Before the start 
of the fourth year of instruction, but no earlier than the start 
of the third year of instruction, of defense industry employees 
at the Naval Postgraduate School under section 7049 of title 10, 
United States Code, as added by subsection (a), the Secretary 
of the Navy shall conduct an evaluation of the admission of such 
students under that section. The evaluation shall include the follow-
ing: 
114 STAT. 1654A-114 
PUBLIC LAW 106-398—APPENDIX 
(A) An assessment of whether the authority for instruction 
of nongovernment civilians at the school has resulted in a 
discernible benefit for the Government. 
(B) Determination of whether the receipt and disposition 
of funds received by the school as tuition for instruction of 
such civilians at the school have been properly identified in 
records of the school. 
(C) A summary of the disposition and uses made of those 
funds. 
(D) An assessment of whether instruction of such civilians 
at the school is in the best interests of the Government. 
(2) Not later than 30 days after completing the evaluation 
referred to in paragraph (1), the Secretary of the Navy shall submit 
to the Secretary of Defense a report on the program under such 
section. The report shall include— 
(A) the results of the evaluation under paragraph (1); 
(B) the Secretary's conclusions and recommendation with 
respect to continuing to allow nongovernment civilians to 
receive instruction at the Naval Postgraduate School as part 
of a program related to defense product development; and 
(C) any proposals for legislative changes recommended by 
the Secretary. 
(3) Not later than 60 days after receiving the report of the 
Secretary of the Navy under paragraph (2), the Secretary of Defense 
shall submit the report, together with any comments that the 
Secretary considers appropriate, to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of the 
House of Representatives. 
Subtitle D—Decorations, Awards, and 
Commendations 
SEC. 541. LIMITATION ON AWARD OF BRONZE STAR TO MEMBERS IN 
RECEIPT OF IMMINENT DANGER PAY. 
(a) IN GENERAL.—Chapter 57 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 1133. Bronze 
Star: limitation 
to members 
receiving 
imminent danger pay 
"The decoration known as the 'Bronze Star' may only be 
awarded to a member of the armed forces who is in receipt of 
special pay under section 310 of title 37 at the time of the events 
for which the decoration is to be awarded or who receives such 
pay as a result of those events.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1133. Bronze star: limitation to members receiving imminent danger pay.". 
SEC. 542. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR 
HONORARY PROMOTIONS OR APPOINTMENTS OF MEM-
BERS OR FORMER MEMBERS OF THE ARMED FORCES 
AND OTHER QUALIFIED PERSONS. 
(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 
is amended by adding at the end the following new section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-115 
"§ 1563. Consideration of proposals for posthumous and 
honorary promotions and appointments: proce-
dures for review and recommendation 
"(a) REVIEW BY SECRETARY CONCERNED.—^Upon request of a 
Member of Congress, the Secretary concerned shall review a pro-
posal for the posthumous or honorary promotion or appointment 
of a member or former member of the armed forces, or any other 
{)erson considered qualified, that is not otherwise authorized by 
aw. Based upon such review, the Secretary shall make a determina-
tion as to the merits of approving the posthumous or honorary 
promotion or appointment and the other determinations necessary 
to comply with subsection (b). 
"(b) NOTICE OF RESULTS OF REVIEW.—Upon making a deter-
mination under subsection (a) as to the merits of approving the 
posthumous or honorary promotion or appointment, the Secretary 
concerned shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives and to the requesting Member of Congress notice 
in writing of one of the following: 
"(1) The posthumous or honorary promotion or appointment 
does not warrant approval on the merits. 
"(2) The posthumous or honorary promotion or appointment 
warrants approval and authorization by law for the promotion 
, 
or appointment is recommended. 
"(3) The posthumous or honorary promotion or appointment 
warrants approval on the merits and has been recommended 
to the President as an exception to policy. 
"(4) The posthumous or honorary promotion or appointment 
warrants approval on the merits and authorization by law 
for the promotion or appointment is required but is not rec-
ommended. 
A notice under paragraph (1) or (4) shall be accompanied by a 
statement of the reasons for the decision of the Secretary. 
"(c) DEFINITION.—In this section, the term 'Member of Congress' 
means— 
"(1) a Senator; or 
"(2) a Representative in, or a Delegate or Resident Commis-
sioner to. Congress.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"1563. Consideration of proposals for posthumous and honorary promotions and ap-
pointments: procedures for review and recommendation.". 
SEC. 543. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
DECORATIONS TO CERTAIN PERSONS. 
(a) WAIVER.—^Any limitation established by law or policy for 
the time within which a recommendation for the award of a military 
decoration or award must be submitted shall not apply to awards 
of decorations described in this section, the award of each such 
decoration having been determined by the Secretary concerned to 
be warranted in accordance with section 1130 of title 10, United 
States Code. 
(b) SILVER STAR.—Subsection (a) applies to the award of the 
Silver Star to Louis Rickler, of Rochester, New York, for gallantry 
in action from August 18 to November 18, 1918, while serving 
as a member of the Army. 
114 STAT. 1654A-116 
PUBLIC LAW 106-398—APPENDIX 
(c) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 
the award of the Distinguished Flying Cross for service during 
World War II or Korea (including multiple awards to the same 
individual) in the case of each individual concerning whom the 
Secretary of the Navy (or an officer of the Navy acting on behalf 
of the Secretary) submitted to the Committee on Armed Services 
of the House of Representatives and the Committee on Armed 
Services of the Senate, during the period beginning on October 
5, 1999, and ending on the day before the date of the enactment 
of this Act, a notice as provided in section 1130(b) of title 10, 
United States Code, that the award of the Distinguished Flying 
Cross to that individual is warranted and that a waiver of time 
restrictions prescribed by law for recommendation for such award 
is recommended. 
SEC. 544. ADDITION OF CERTAIN INFORMATION TO MARKERS ON 
GRAVES CONTAINING REMAINS OF CERTAIN UNKNOWNS 
FROM THE U.S.S. ARIZONA WHO DIED IN THE JAPANESE 
ATTACK ON PEARL HARBOR ON DECEMBER 7,1941. 
(a) INFORMATION TO BE PROVIDED SECRETARY OF VETERANS 
AFFAIRS.—^The Secretary of the Army shall provide to the Secretary 
of Veterans Affairs certain information, as specified in subsection 
(b), pertaining to the remains of certain unknown persons that 
are interred in the National Memorial Cemetery of the Pacific, 
Honolulu, Hawaii. The Secretary of Veterans Affairs shall add 
to the inscriptions on the markers on the graves containing those 
remains the information provided. 
(b) INFORMATION TO BE ADDED.—The information to be added 
to grave markers under subsection (a)— 
(1) shall be determined by the Secretary of the Army, 
based on a review of the information that, as of the date 
of the enactment of this Act, has been authenticated by the 
director of the Naval Historical Center, Washington, D.C., 
pertaining to the interment of remains of certain unknown 
casualties from the U.S.S. ARIZONA who died as a result 
of the Japanese attack on Pearl Harbor on December 7, 1941; 
and 
(2) shall, at a minimum, indicate that the interred remains 
are from the U.S.S. ARIZONA. 
(c) LIMITATION OF SCOPE OF SECTION.—This section does not 
impose any requirement on the Secretary of the Army to undertake 
a review of any information pertaining to the interred remains 
of any unknown person other than as provided in subsection (b). 
SEC. 545. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION 
OF CAPTAIN CHARLES BUTLER McVAY, COMMANDER OF 
THE U.S.S. INDIANAPOLIS, AND ON THE COURAGEOUS 
SERVICE OF THE CREW OF THAT VESSEL. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Shortly after midnight on the morning of July 30, 
1945, during the closing days of World War II, the United 
States Navy heavy cruiser U.S.S. Indianapolis (CA-35) was 
torpedoed and sunk by the Japanese submarine 1-58 in what 
became the worst sea disaster in the history of the United 
States Navy. 
(2) Although approximately 900 of the ship's crew of 1,196 
survived the actual sinking, only 316 of those courageous sailors 
survived when rescued after four and a half days adrift in 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-117 
the open sea, the remainder having perishing from battle 
wounds, drowning, predatory shark attacks, exposure to the 
elements, and lack of food and potable water. 
(3) Rescue for the remaining 316 sailors came only when 
they were spotted by chance by Navy Lieutenant Wilbur C. 
Gwinn while flying a routine naval air patrol mission. 
(4) After the end of World War II, the commanding officer 
of the U.S.S. Indianapolis, Captain Charles Butler McVay, III, 
who was rescued with the other survivors, was court-martialed 
for "suffering a vessel to be hazarded through negligence" by 
failing to zigzag (a naval tactic employed to help evade sub-
marine attacks) and was convicted even though— 
(A) the choice to zigzag was left to Captain McVay's 
discretion in his orders; and 
(B) Motchisura Hashimoto, the commander of the Japa-
nese submarine that sank the U.S.S. Indianapolis, and 
Glynn R. Donaho, a United States Navy submarine com-
mander highly decorated for his service during World War 
II, both testified at Captain McVay's court-martial trial 
that the Japanese submarine could have sunk the U.S.S. 
Indianapolis whether or not it had been zigzagging, an 
assertion that has since been reaffirmed in a letter to 
the Chairman of the Committee on Armed Services of 
the Senate dated November 24, 1999. 
(5) Although not argued by Captain McVay's defense coun-
sel in the court-martial trial, poor visibility on the night of 
the sinking (as attested in surviving crew members' hand-
written accounts recently discovered at the National Archives) 
justified Captain McVay's choice not to zigzag as that choice 
was consistent with the applicable Navy directives in force 
in 1945, which stated that, "During thick weather and at night, 
except on very clear nights or during bright moonlight, vessels 
normally cease zig-zagging.". 
(6) Before the U.S.S. Indianapolis sailed from Guam on 
what became her final voyage. Naval officials failed to provide 
Captain McVay with available support that was critical to 
the safety of the U.S.S. Indianapolis and her crew by— 
(A) disapproving a request made by Captain McVay 
for a destroyer escort for the U.S.S. Indianapolis across 
the Philippine Sea as being "not necessary"; 
(B) not informing Captain McVay that naval intel-
ligence sources, through signal intelligence (the Japanese 
code having been broken earlier in World War II), had 
become aware that the Japanese submarine 1-58 was 
operating in the area of the U.S.S. Indianapolis' course 
(as disclosed in evidence presented in a hearing of the 
Committee on Armed Services of the Senate conducted 
September 14, 1999); and 
(C) not informing Captain McVay of the sinking of 
the destroyer escort U.S.S. Underbill by a Japanese sub-
marine within range of the course of the U.S.S. Indianapolis 
four days before the U.S.S. Indianapolis departed Guam 
for the Philippine Islands. 
(7) Captain McVay's court-martial initially was opposed 
by his immediate command superiors. Fleet Admiral Chester 
Nimitz (CINCPAC) and Vice Admiral Raymond Spruance of 
the 5th fleet, for whom the U.S.S. Indianapolis had served 
114 STAT. 1654A-118 
PUBLIC LAW 106-398—APPENDIX 
as flagship, but, despite their recommendations. Secretary of 
the Navy James Forrestal ordered the court-martial, largely 
on the basis of the recommendation of Fleet Admiral Ernest 
King, Chief of Naval Operations. 
(8) There is no explanation on the public record for the 
overruling by Secretary Forrestal of the recommendations made 
by Admirals Nimitz and Spruance. 
(9) Captain McVay was the only commander of a United 
States Navy vessel lost in combat to enemy action during 
World War II who was subjected to a court-martial trial for 
such a loss, even though several hundred United States Navy 
ships were lost in combat to enemy action during World War 
II. 
(10) The survivors of the U.S.S. Indianapolis overwhelm-
ingly conclude that Captain McVay was not at fault in the 
loss of the U.S.S. Indianapolis and have dedicated their lives 
to vindicating their Captain McVay. 
(11) Although promoted to the grade of rear admiral in 
accordance with then-applicable law upon retirement from the 
Navy in 1949, Captain McVay never recovered from the stigma 
of his post-war court-martial and in 1968, tragically, took his 
own life. 
(12) Charles Butler McVay, III— 
(A) was a graduate of the United States Naval Acad-
emy; 
(B) was an exemplary career naval officer with an 
outstanding record (including participation in the amphib-
ious invasions of North Africa, the assault on Iwo Jima, 
and the assault on Okinawa where the U.S.S. Indianapolis 
under his command survived a fierce kamikaze attack); 
(C) was a recipient of the Silver Star earned for courage 
under fire during the Solomon Islands campaign; and 
(D) with the crew of the U.S.S. Indianapolis, had so 
thoroughly demonstrated proficiency in naval warfare that 
the Navy entrusted him and the crew of the U.S.S. 
Indianapolis with transporting to the Pacific theater compo-
nents necessary for assembling the atomic bombs that were 
exploded over Hiroshima and Nagasaki to end the war 
with Japan (delivery of such components to the island 
of Tinian having been accomplished on July 25, 1945). 
(b) SENSE OF CONGRESS CONCERNING CHARLES BUTLER MCVAY, 
III.—^With respect to the sinking of the U.S.S. Indianapolis (CA-
35) on July 30, 1945, and the subsequent court-martial conviction 
of the ship's commanding officer. Captain Charles Butler McVay, 
III, arising from that sinking, it is the sense of Congress, based 
on the review of evidence by the Senate and the House of 
Representatives— 
(1) that, in light of the remission by the Secretary of 
the Navy of the sentence of the court-martial and the restora-
tion of Captain McVay to active duty by the Chief of Naval 
Operations, Fleet Admiral Chester Nimitz, the American people 
should now recognize Captain McVay's lack of culpability for 
the tragic loss of the U.S.S. Indianapolis and the lives of the 
men who died as a result of the sinking of that vessel; and 
(2) that, in light of the fact that certain exculpatory 
information was not available to the court-martial board and 
that Captain McVay's conviction resulted therefrom. Captain 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-119 
McVay's military record should now reflect that he is exoner-
ated for the loss of the U.S.S. Indianapolis and so many of 
her crew. 
(c) UNIT CITATION FOR FINAL CREW OF U.S.S. INDIANAPOLIS.— 
The Secretary of the Navy should award a Navy Unit Commenda-
tion to the U.S.S. Indianapolis (CA-35) and her final crew. 
SEC. 546. POSTHUMOUS ADVANCEMENT ON RETIRED LIST OF REAR 
ADMIRAL HUSBAND E. KIMMEL AND MAJOR GENERAL 
WALTER C. SHORT, SENIOR OFFICERS IN COMMAND IN 
HAWAII ON DECEMBER 7,1941. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The late Rear Admiral Husband E. Kimmel, while serv-
ing in the temporary grade of admiral, was the Commander 
in Chief of the United States Fleet and the Commander in 
Chief, United States Pacific Fleet, at the time of the Japanese 
attack on Pearl Harbor, Hawaii, on December 7, 1941, with 
an excellent and unassailable record throughout his career 
in the United States Navy before that date. 
(2) The late Major General Walter C. Short, while serving 
in the temporary grade of lieutenant general, was the Com-
mander of the United States Army Hawaiian Department, at 
the time of the Japanese attack on Pearl Harbor, Hawaii, 
on December 7, 1941, with an excellent and unassailable record 
throughout his career in the United States Army before that 
date. 
(3) Numerous investigations following the attack on Pearl 
Harbor have documented that Admiral Kimmel and Lieutenant 
General Short were not provided necessary and critical intel-
ligence that was available, that foretold of war with Japan, 
that warned of imminent attack, and that would have alerted 
them to prepare for the attack, including such essential commu-
niques as the Japanese Pearl Harbor Bomb Plot message of 
September 24, 1941, and the message sent from the Imperial 
Japanese Foreign Ministry to the Japanese Ambassador in 
the United States from December 6 to 7, 1941, known as 
the Fourteen-Part Message. 
(4) On December 16, 1941, Admiral Kimmel and Lieutenant 
General Short were relieved of their commands and returned 
to their permanent grades of rear admiral and major general, 
respectively. 
(5) Admiral William Harrison Standley, who served as 
a member of the investigating commission known as the Roberts 
Commission that accused Admiral Kimmel and Lieutenant Gen-
eral Short of "dereliction of duty" only six weeks after the 
attack on Pearl Harbor, later disavowed the report, maintaining 
that "these two officers were martyred" and "if they had been 
brought to trial, both would have been cleared of the charge". 
(6) On October 19, 1944, a Naval Court of Inquiry— 
(A) exonerated Admiral Kimmel on the grounds that 
his military decisions and the disposition of his forces at 
the time of the December 7, 1941, attack on Pearl Harbor 
were proper "by virtue of the information that Admiral 
Kimmel had at hand which indicated neither the prob-
ability nor the imminence of an air attack on Pearl Harbor"; 
79-194 O - 00 - 6 : QL 3 Part 3 
114 STAT. 1654A-120 
PUBLIC LAW 106-398—APPENDIX 
(B) criticized the higher command for not sharing with 
Admiral Kimmel "during the very critical period of Novem-
ber 26 to December 7, 1941, important information . . . 
regarding the Japanese situation"; and 
(C) concluded that the Japanese attack and its outcome 
was attributable to no serious fault on the part of anyone 
in the naval service. 
(7) On June 15, 1944, an investigation conducted by 
Admiral T. C. Hart at the direction of the Secretary of the 
Navy produced evidence, subsequently confirmed, that essential 
intelligence concerning Japanese intentions and war plans was 
available in Washington but was not shared with Admiral 
Kimmel. 
(8) On October 20, 1944, the Army Pearl Harbor Board 
of Investigation determined that— 
(A) Lieutenant General Short had not been kept "fully 
advised of the growing tenseness of the Japanese situation 
which indicated an increasing necessity for better prepara-
tion for war"; 
(B) detailed information and intelligence about Japa-
nese intentions and war plans were available in "abun-
dance" but were not shared with the Lieutenant General 
Short's Hawaii command; and 
(C) Lieutenant General Short was not provided "on 
the evening of December 6th and the early morning of 
December 7th, the critical information indicating an almost 
immediate break with Japan, though there was ample time 
to have accomplished this". 
(9) The reports by both the Naval Court of Inquiry and 
the Army Pearl Harbor Board of Investigation were kept secret, 
and Rear Admiral Kimmel and Major General Short were 
denied their requests to defend themselves through trial by 
court-martial. 
(10) The joint committee of Congress that was established 
to investigate the conduct of Admiral Kimmel and Lieutenant 
General Short completed, on May 31, 1946, a 1,075-page report 
which included the conclusions of the committee that the two 
officers had not been guilty of dereliction of duty. 
(11) On April 27, 1954, the Chief of Naval Personnel, 
Admiral J. L. Holloway, Jr., recommended that Rear Admiral 
Kimmel be advanced in rank in accordance with the provisions 
of the Officer Personnel Act of 1947. 
(12) On November 13, 1991, a majority of the members 
of the Board for the Correction of Military Records of the 
Department of the Army found that Major General Short "was 
unjustly held responsible for the Pearl Harbor disaster" and 
that "it would be equitable and just" to advance him to the 
rank of lieutenant general on the retired list. 
(13) In October 1994, the Chief of Naval Operations, 
Admiral Carlisle Trost, withdrew his 1988 recommendation 
against the advancement of Rear Admiral Kimmel and rec-
ommended that his case be reopened. 
(14) Although the Dom Report, a report on the results 
of a Department of Defense study that was issued on December 
15, 1995, did not provide support for an advancement of Rear 
Admiral Kimmel or Major General Short in grade, it did set 
forth as a conclusion of the study that "responsibility for the 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-121 
Pearl Harbor disaster should not fall solely on the shoulders 
of Admiral Kimmel and Lieutenant General Short, it should 
be broadly shared". 
(15) The Dorn Report found— 
(A) that "Army and Navy officials in Washington were 
privy to intercepted Japanese diplomatic communications 
. . . which provided crucial confirmation of the imminence 
of war"; 
(B) that "the evidence of the handling of these mes-
sages in Washington reveals some ineptitude, some 
unwarranted assumptions and misestimations, limited 
coordination, ambiguous language, and lack of clarification 
and followup at higher levels"; and 
(C) that "together, these characteristics resulted in 
failure . . . 
to appreciate fully and to convey to the 
commanders in Hawaii the sense of focus and urgency 
that these intercepts should have engendered". 
(16) On July 21, 1997, Vice Admiral David C. Richardson 
(United States Navy, retired) responded to the Dorn Report 
with his own study which confirmed findings of the Naval 
Court of Inquiry and the Army Pearl Harbor Board of Investiga-
tion and established, among other facts, that the war effort 
in 1941 was undermined by a restrictive intelligence distribu-
tion policy, and the degree to which the commanders of the 
United States forces in Hawaii were not alerted about the 
impending attack on Hawaii was directly attributable to the 
withholding of intelligence from Admiral Kimmel and Lieuten-
ant General Short. 
(17) The Officer Personnel Act of 1947, in establishing 
a promotion system for the Navy and the Army, provided 
a legal basis for the President to honor any officer of the 
Armed Forces of the United States who served his country 
as a senior commander during World War II with a placement 
of that officer, with the advice and consent of the Senate, 
on the retired list with the highest grade held while on the 
active duty list. 
(18) Rear Admiral Kimmel and Major General Short are 
the only two officers eligible for advancement under the Officer 
Personnel Act of 1947 as senior World War II commanders 
who were excluded from the list of retired officers presented 
for advancement on the retired lists to their highest wartime 
grades under that Act. 
(19) This singular exclusion of those two officers from 
advancement on the retired list serves only to perpetuate the 
myth that the senior commanders in Hawaii were derelict 
in their duty and responsible for the success of the attack 
on Pearl Harbor, a distinct and unacceptable expression of 
dishonor toward two of the finest officers who have served 
in the Armed Forces of the United States. 
(20) Major General Walter Short died on September 23, 
1949, and Rear Admiral Husband Kimmel died on May 14, 
1968, without the honor of having been returned to their war-
time grades as were their fellow commanders of World War 
II. 
(21) The Veterans of Foreign Wars, the Pearl Harbor Sur-
vivors Association, the Admiral Nimitz Foundation, the Naval 
Academy Alumni Association, the Retired Officers Association, 
114 STAT. 1654A-122 
PUBLIC LAW 106-398—APPENDIX 
and the Pearl Harbor Commemorative Committee, and other 
associations and numerous retired mihtary officers have called 
for the rehabilitation of the reputations and honor of Admiral 
Kimmel and Lieutenant General Short through their post-
humous advancement on the retired lists to their highest war-
time grades. 
(b) ADVANCEMENT OF REAR ADMIRAL KIMMEL AND MAJOR GEN-
ERAL SHORT ON RETIRED LISTS.—(1) The President is requested— 
(A) to advance the late Rear Admiral Husband E. Kimmel, 
United States Navy (retired), to the grade of admiral on the 
retired list of the Navy; and 
(B) to advance the late Major General Walter C. Short, 
United States Army (retired), to the grade of lieutenant general 
on the retired list of the Army. 
(2) Any advancement in grade on a retired list requested under 
paragraph (1) shall not increase or change the compensation or 
benefits from the United States to which any person is now or 
may in the future be entitled based upon the military service 
of the officer advanced. 
(c) 
SENSE 
OF 
CONGRESS 
REGARDING 
THE 
PROFESSIONAL 
PERFORMANCE OF ADMIRAL KIMMEL AND LIEUTENANT GENERAL 
SHORT.—It is the sense of Congress— 
(1) that the late Rear Admiral Husband E. Kimmel per-
formed his duties as Commander in Chief, United States Pacific 
Fleet, competently and professionally and, therefore, that the 
losses incurred by the United States in the attacks on the 
naval base at Pearl Harbor, Hawaii, and other targets on 
the island of Oahu, Hawaii, on December 7, 1941, were not 
a result of dereliction in the performance of those duties by 
then Admiral Kimmel; and 
(2) that the late Major General Walter C. Short performed 
his duties as Commanding General, Hawaiian Department, 
competently and professionally and, therefore, that the losses 
incurred by the United States in the attacks on Hickam Army 
Air Field and Schofield Barracks, Hawaii, and other targets 
on the island of Oahu, Hawaii, on December 7, 1941, were 
not a result of dereliction in the performance of those duties 
by then Lieutenant General Short. 
SEC. 547. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR 
WORLD WAR n ACTIONS. 
(a) FINDINGS.—The Congress finds the following: 
(1) On August 2, 1944, a squadron of P-51s from the 
United States 364th Fighter Group strafed a German munitions 
train in Remy, France. 
(2) The resulting explosion killed Lieutenant Houston 
Braly, one of the attacking pilots, and destroyed much of the 
village of Remy, including seven stained glass windows in the 
13th century church. 
(3) Despite threats of reprisals from the occupying German 
authorities, the citizens of Remy recovered Lieutenant Braly's 
body from the wreckage, buried his body with dignity and 
honor in the church's cemetery, and decorated the grave site 
daily with fresh flowers. 
(4) On Armistice Day, 1995, the village of Remy renamed 
the crossroads near the site of Lieutenant Braly's death in 
his honor. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-123 
(5) The surviving members of the 364th Fighter Group 
desire to express their gratitude to the brave citizens of Remy. 
(6) To express their gratitude, the surviving members of 
the 364th Fighter Group have organized a nonprofit corporation 
to raise funds, through its project 'Windows for Remy", to 
restore the church's stained glass windows. 
(b) COMMENDATION AND RECOGNITION.—The Congress com-
mends the bravery and honor of the citizens of Remy, France, 
for their actions with respect to the American fighter pilot Lieuten-
ant Houston Braly during and after August 1944, and recognizes 
the efforts of the surviving members of the United States 364th 
Fighter Group to raise funds to restore the stained glass windows 
of Remy's 13th century church. 
SEC. 548. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO WIL-
LIAM H. PITSENBARGER FOR VALOR DURING THE VIET-
NAM WAR. 
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the period 
of limitations specified in section 8744 of title 10, United States 
Code, or any other time limitation with respect to the awarding 
of certain medals to persons who served in the Air Force, the 
President may award the Medal of Honor under section 8741 of 
that title, posthumously, to William H. Pitsenbarger of Piqua, Ohio, 
for the acts of valor referred to in subsection (b). 
(b) ACTION DEFINED.—The acts of valor referred to in subsection 
(a) are the actions of William H. Pitsenbarger on April 11, 1966, 
as an Air Force pararescue crew member, serving in the grade 
of Airman First Class at Cam My, Republic of Vietnam, with 
Detachment 6, 38th Aerospace Rescue and Recovery Helicopter 
Squadron, in support of the combat mission known as "Operations 
Abilene". 
Subtitle E—Military Justice and Legal 
Assistance Matters 
SEC. 551. RECOGNITION BY STATES OF MILITARY TESTAMENTARY 
INSTRUMENTS. 
(a) IN GENERAL.—Chapter 53 of title 10, United States Code, 
is amended by inserting after section 1044c the following new 
section: 
"§ 1044d. Military testamentary instruments: requirement for 
recognition by States 
"(a) 
TESTAMENTARY 
INSTRUMENTS TO B E GIVEN 
LEGAL 
EFFECT.—^A military testamentary instrument— 
"(1) is exempt from any requirement of form, formality, 
or recording before probate that is provided for testamentary 
instruments under the laws of a State; and 
"(2) has the same legal effect as a testamentary instrument 
prepared and executed in accordance with the laws of the 
State in which it is presented for probate. 
"(b) MILITARY TESTAMENTARY INSTRUMENTS.—^For purposes of 
this section, a military testamentary instrument is an instrument 
that is prepared with testamentary intent in accordance with regu-
lations prescribed under this section and that— 
114 STAT. 1654A-124 
PUBLIC LAW 106-398—APPENDIX 
"(1) is executed in accordance with subsection (c) by (or 
on behalf of) a person, as a testator, who is eHgible for mihtary 
legal assistance; 
"(2) makes a disposition of property of the testator; and 
"(3) takes effect upon the death of the testator. 
"(c) 
REQUIREMENTS FOR 
EXECUTION OF 
MILITARY TESTA-
MENTARY INSTRUMENTS.—^An instrument is valid as a military testa-
mentary instrument only i
f
— 
"(1) the instrument is executed by the testator (or, if the 
testator is unable to execute the instrument personally, the 
instrument is executed in the presence of, by the direction 
of, and on behalf of the testator); 
"(2) the instrument is executed in the presence of a military 
legal assistance counsel acting as presiding attorney; 
"(3) the instrument is executed in the presence of at least 
two disinterested witnesses (in addition to the presiding attor-
ney), each of whom attests to witnessing the testator's execution 
of the instrument by signing it; and 
"(4) the instrument is executed in accordance with such 
additional requirements as may be provided in regulations pre-
scribed under this section. 
"(d) 
SELF-PROVING MILITARY TESTAMENTARY INSTRUMENTS.— 
(1) If the document setting forth a military testamentary instrument 
meets the requirements of paragraph (2), then the signature of 
a person on the document as the testator, an attesting witness, 
a notary, or the presiding attorney, together with a written rep-
resentation of the person's status as such and the person's military 
grade (if any) or other title, is prima facie evidence of the following: 
"(A) That the signature is genuine. 
"(B) That the signatory had the represented status and 
title at the time of the execution of the will. 
"(C) That the signature was executed in compliance with 
the procedures required under the regulations prescribed under 
subsection (f). 
"(2) A document 
setting forth 
a military 
testamentary 
instrument meets the requirements of this paragraph if it includes 
(or has attached to it), in a form and content required under 
the regulations prescribed under subsection (f), each of the follow-
ing: 
"(A) A certificate, executed by the testator, that includes 
the testator's acknowledgment of the testamentary instrument. 
"(B) An affidavit, executed by each witness signing the 
testamentary instrument, that attests to the circumstances 
under which the testamentary instrument was executed. 
"(C) A notarization, including a certificate of any adminis-
tration of an oath required under the regulations, that is signed 
by the notary or other official administering the oath. 
"(e) STATEMENT TO BE INCLUDED.—(1) Under regulations pre-
scribed under this section, each military testamentary instrument 
shall contain a statement that sets forth the provisions of subsection 
(a). 
"(2) Paragraph (1) shall not be construed to make inapplicable 
the provisions of subsection (a) to a testamentary instrument that 
does not include a statement described in that paragraph. 
"(f) REGULATIONS.—Regulations for the purposes of this section 
shall be prescribed jointly by the Secretary of Defense and by 
the Secretary of Transportation with respect to the Coast Guard 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-125 
when it is not operating as a service in the Department of the 
Navy. 
"(g) DEFINITIONS.—In this section: 
"(1) The term 'person eligible for military legal assistance' 
means a person who is eligible for legal assistance under section 
1044 of this title. 
"(2) The term 'military legal assistance counsel' means— 
"(A) a judge advocate (as defined in section 801(13) 
of this title); or 
"(B) a civilian attorney serving as a legal assistance 
officer under the provisions of section 1044 of this title. 
"(3) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, and each possession of the United 
States.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1044c the following new item: 
"1044d. Military testamentary instruments: requirement for recognition by States.". 
SEC. 552. POLICY CONCERNING RIGHTS OF INDIVIDUALS 
WHOSE 
NAMES HAVE BEEN ENTERED INTO DEPARTMENT OF 
DEFENSE OFFICIAL CRIMINAL INVESTIGATIVE REPORTS. 
(a) POLICY REQUIREMENT.—The Secretary of Defense shall 
establish a policy creating a uniform process within the Department 
of Defense that— 
(1) affords £iny individual who, in connection with the inves-
tigation of a reported crime, is designated (by name or by 
any other identifying information) as a suspect in the case 
in any official investigative report, or in a central index for 
potential retrieval and analysis by law enforcement organiza-
tions, an opportunity to obtain a review of that designation; 
and 
(2) requires the expungement of the name and other identi-
fying information of any such individual from such report or 
index in any case in which it is determined the entry of such 
identifying information on that individual was made contrary 
to Department of Defense requirements. 
(b) EFFECTIVE DATE.—The policy required by subsection (a) 
shall be established not later than 120 days after the date of 
the enactment of this Act. 
SEC. 553. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT CLEM-
ENCY FOR MILITARY PRISONERS SERVING SENTENCE OF 
CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR 
PAROLE. 
(a) LIMITATION.—Section 874(a) of title 10, United States Code 
(article 74(a) of the Uniform Code of Military Justice), is amended 
by adding at the end the following new sentence: "However, in 
the case of a sentence of confinement for life without eligibility 
for parole, after the sentence is ordered executed, the authority 
of the Secretary concerned under the preceding sentence (1) may 
not be delegated, and (2) may be exercised only after the service 
of a period of confinement of not less than 20 years.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall not apply with respect to a sentence of confinement for life 
14 STAT. 1654A-126 
PUBLIC LAW 106-398—APPENDIX 
without eligibility for parole that is adjudged for an offense commit-
ted before the date of the enactment of this Act. 
SEC. 554. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY 
DEPARTMENT 
CRIMINAL 
INVESTIGATIVE 
ORGANIZA-
TIONS TO EXECUTE WARRANTS AND MAKE ARRESTS. 
(a) DEPARTMENT OF THE ARMY.—(1) Chapter 373 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§ 4027. Civilian special agents of the Criminal Investigation 
Command: authority to execute warrants and 
make arrests 
"(a) AUTHORITY.—The Secretary of the Army may authorize 
any Department of the Army civilian employee described in sub-
section (b) to have the same authority to execute and serve warrants 
and other processes issued under the authority of the United States 
and to make arrests without a warrant as may be authorized 
under section 1585a of this title for special agents of the Defense 
Criminal Investigative Service. 
"(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to 
any employee of the Department of the Army who is a special 
agent of the Army Criminal Investigation Command (or a successor 
to that command) whose duties include conducting, supervising, 
or coordinating investigations of criminal activity in programs and 
operations of the Department of the Army. 
"(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority 
provided under subsection (a) shall be exercised in accordance with 
guidelines prescribed by the Secretary of the Army and approved 
by the Secretary of Defense and the Attorney General and any 
other applicable guidelines prescribed by the Secretary of the Army, 
the Secretary of Defense, or the Attorney General.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end following new item: 
"4027. Civilian special agents of the Criminal Investigation Command: authority to 
execute warrants and make arrests.". 
(b) DEPARTMENT OF THE NAVY.—(1) Chapter 643 of title 10, 
United States Code, is amended by adding at the end the following 
new section: 
"§7480. Special agents of the Naval Criminal Investigative 
Service: authority to execute warrants and make 
arrests 
"(a) AUTHORITY.—The Secretary of the Navy may authorize 
any Department of the Navy civilian employee described in sub-
section (b) to have the same authority to execute and serve warrants 
and other processes issued under the authority of the United States 
and to make arrests without a warrant as may be authorized 
under section 1585a of this title for special agents of the Defense 
Criminal Investigative Service. 
"(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to 
any employee of the Department of the Navy who is a special 
agent of the Naval Criminal Investigative Service (or any successor 
to that service) whose duties include conducting, supervising, or 
coordinating investigations of criminal activity in programs and 
operations of the Department of the Navy. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-127 
"(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority 
provided under subsection (a) shall be exercised in accordance with 
guidelines prescribed by the Secretary of the Navy and approved 
by the Secretary of Defense and the Attorney General and any 
other applicable guidelines prescribed by the Secretary of the Navy, 
the Secretary of Defense, or the Attorney General.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"7480. Special agents of the Naval Criminal Investigative Service: authority to exe-
cute warrants and make arrests.". 
(c) DEPARTMENT OF THE AIR FORCE.—(1) Chapter 873 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
"§ 9027. Civilian special agents of the Office of Special Inves-
tigations: authority to execute warrants and 
make arrests 
"(a) AUTHORITY.—The Secretary of the Air Force may authorize 
any Department of the Air Force civilian employee described in 
subsection (b) to have the same authority to execute and serve 
warrants and other processes issued under the authority of the 
United States and to make arrests without a warrant as may 
be authorized under section 1585a of this title for special agents 
of the Defense Criminal Investigative Service. 
"(b) AGENTS TO HAVE AUTHORITY.—Subsection (a) applies to 
any employee of the Department of the Air Force who is a special 
agent of the Air Force Office of Special Investigations (or a successor 
to that office) whose duties include conducting, supervising, or 
coordinating investigations of criminal activity in programs and 
operations of the Department of the Air Force. 
"(c) GUIDELINES FOR EXERCISE OF AUTHORITY.—The authority 
provided under subsection (a) shall be exercised in accordance with 
guidelines prescribed by the Secretary of the Air Force and approved 
by the Secretary of Defense and the Attorney General and any 
other applicable guidelines prescribed by the Secretary of the Air 
Force, the Secretary of Defense, or the Attorney General.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"9027. Civilian special agents of the Office of Special Investigations: authority to 
execute warrants and make arrests.". 
SEC. 555. REQUIREMENT FOR VERBATEVI RECORD IN CERTAIN SPECIAL 
COURT-MARTIAL CASES. 
(a) WHEN REQUIRED.—Subsection (c)(1)(B) of section 854 of 
title 10, United States Code (article 54 of the Uniform Code of 
Military Justice), is amended Isy inserting after "bad-conduct dis-
charge" the following: ", confinement for more than six months, 
or forfeiture of pay for more than six months". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect as of April 1, 2000, and shall apply with respect 
to charges referred on or after that date to trial by special court-
martial. 
SEC. 556. COMMEMORATION OF THE 50TH ANNIVERSARY OF THE UNI-
FORM CODE OF MILITARY JUSTICE. 
(a) FINDINGS.—Congress makes the following findings: 
114 STAT. 1654A-128 
PUBLIC LAW 106-398—APPENDIX 
(1) The American military justice system predates the 
United States itself, having had a continuous existence since 
the enactment of the first American Articles of War by the 
Continental Congress in 1775. 
(2) Pursuant to article I of the Constitution, which explicitly 
empowers Congress "To make Rules for the Government and 
Regulation of the land and naval Forces", Congress enacted 
the Articles of War and an Act to Govern the Navy, which 
were revised on several occasions between the ratification of 
the Constitution and the end of World War II. 
(3) Dissatisfaction with the administration of military jus-
tice during World War I and World War II (including dis-
satisfaction arising from separate systems of justice for the 
Army and for the Navy and Marine Corps) led both to signifi-
cant statutory reforms in the Articles of War and to the conven-
ing of a committee, under Department of Defense auspices, 
to draft a single code of military justice applicable uniformly 
to all of the Armed Forces. 
(4) The committee, chaired by Professor Edmund M. Mor-
gan of Harvard Law School, made recommendations that 
formed the basis of bills introduced in Congress to establish 
such a uniform code of military justice. 
(5) After lengthy hearings and debate on the congressional 
proposals, the Uniform Code of Military Justice was enacted 
into law on May 5, 1950, when President Harry S Truman 
signed the legislation. 
(6) President Truman then issued a revised Manual for 
Courts-Martial implementing the new code, and the code 
became effective on May 31, 1951. 
(7) One of the greatest innovations of the Uniform Code 
of Military Justice (now codified as chapter 47 of title 10, 
United States Code) was the establishment of a civilian court 
of appeals within the military justice system. That court, the 
United States Court of Military Appeals (now the United States 
Court of Appeals for the Armed Forces), held its first session 
on July 25, 195 L 
(8) Congress enacted major revisions of the Uniform Code 
of Military Justice in 1968 and 1983 and, in addition, has 
amended the code from time to time over the years as practice 
under the code indicated a need for updating the substance 
or procedure of the law of military justice. 
(9) The evolution of the system of military justice under 
the Uniform Code of Military Justice may be traced in the 
decisions of the Courts of Criminal Appeals of each of the 
Armed Forces and the decisions of the United States Court 
of Appeals for the Armed Forces, These courts have produced 
a unique body of jurisprudence upon which commanders and 
judge advocates rely in the performance of their duties. 
(10) It is altogether fitting that the 50th anniversary of 
the Uniform Code of Military Justice be duly commemorated, 
(b) COMMEMORATION.—The Congress— 
(1) requests the President to issue a 
proclamation 
commemorating the 50th anniversary of the Uniform Code 
of Military Justice; and 
(2) calls upon the Department of Defense, the Armed 
Forces, and the United States Court of Appeals for the Armed 
Forces and interested organizations and members of the bar 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-129 
and the public to commemorate the occasion of that anniversary 
with ceremonies and activities befitting its importance. 
Subtitle F—Matters Relating to Recruiting 
SEC. 561. ARMY RECRUITING PILOT PROGRAMS. 
(a) REQUIREMENT FOR PROGRAMS.—The Secretary of the Army 
shall carry out pilot programs to test various recruiting approaches 
under this section for the following purposes: 
(1) To assess the effectiveness of the recruiting approaches 
for creating enhanced opportunities for recruiters to make 
direct, personal contact with potential recruits. 
(2) To improve the overall effectiveness and efficiency of 
Army recruiting activities. 
(b) OUTREACH THROUGH MOTOR SPORTS.—(1) One of the pilot 
programs shall be a pilot program of public outreach that associates 
the Army with motor sports competitions to achieve the objectives 
set forth in paragraph (2). 
(2) The events and activities undertaken under the pilot pro-
gram shall be designed to provide opportunities for Army recruiters 
to make direct, personal contact with high school students to achieve 
the following objectives: 
(A) To increase enlistments by students graduating from 
high school. 
(B) To reduce attrition in the Delayed Entry Program of 
the Army by sustaining the personal commitment of students 
who have elected delayed entry into the Army under the pro-
gram. 
(3) Under the pilot program, the Secretary of the Army shall 
provide for the following: 
(A) For Army recruiters or other Army personnel— 
(i) to organize Army sponsored career day events in 
association with national motor sports competitions; and 
(ii) to arrange for or encourage attendance at the com-
petitions by high school students, teachers, guidance coun-
selors, and administrators of high schools located near 
the competitions. 
(B) For Army recruiters and other soldiers to attend 
national motor sports competitions— 
(i) to display exhibits depicting the contemporary Army 
and career opportunities in the Army; and 
(ii) to discuss those opportunities with potential 
recruits. 
(C) For the Army to sponsor a motor sports racing team 
as part of an integrated program of recruitment and publicity 
for the Army. 
(D) For the Army to sponsor motor sports competitions 
for high school students at which recruiters meet with potential 
recruits. 
(E) For Army recruiters or other Army personnel to compile 
in an Internet accessible database the names, addresses, tele-
phone numbers, and electronic mail addresses of persons who 
are identified as potential recruits through activities under 
the pilot program. 
114 STAT. 1654A-130 
PUBLIC LAW 106-398—APPENDIX 
(F) Any other activities associated with motor sports com-
petition that the Secretary determines appropriate for Army 
recruitment purposes. 
(c) OUTREACH AT VOCATIONAL SCHOOLS AND COMMUNITY COL-
LEGES.—(1) One of the pilot programs shall be a pilot program 
under which Army recruiters are assigned, as their primary respon-
sibility, at postsecondary vocational institutions and community 
colleges for the purpose of recruiting students graduating from 
those institutions and colleges, recent graduates of those institutions 
and colleges, and students withdrawing from enrollments in those 
institutions and colleges. 
(2) The Secretary of the Army shall select the institutions 
and colleges to be invited to participate in the pilot program. 
(3) The conduct of the pilot program at an institution or college 
shall be subject to an agreement which the Secretary shall enter 
into with the governing body or authorized official of the institution 
or college, as the case may be. 
(4) Under the pilot program, the Secretary shall provide for 
the following: 
(A) For Army recruiters to be placed in postsecondary 
vocational institutions and community colleges to serve as a 
resource for guidance counselors and to recruit for the Army. 
(B) For Army recruiters to recruit from among students 
and graduates described in paragraph (1). 
(C) For the use of telemarketing, direct mail, interactive 
voice response systems, and Internet website capabilities to 
assist the recruiters in the postsecondary vocational institutions 
and community colleges. 
(D) For any other activities that the Secretary determines 
appropriate for recruitment activities in postsecondary voca-
tional institutions and community colleges. 
(5) In this subsection, the term "postsecondary vocational 
institution" has the meaning given the term in section 102(c) of 
the Higher Education Act of 1965 (20 U.S.C. 1002(c)). 
(d) CONTRACT RECRUITING INITIATIVES.—(1) One of the pilot 
programs shall be a program that expands in accordance with 
this subsection the scope of the Army's contract recruiting initiatives 
that are ongoing as of the date of the enactment of this Act. 
Under the pilot program, the Secretary of the Army shall select 
at least 10 recruiting companies to apply the initiatives in efforts 
to recruit personnel for the Army. 
(2) Under the pilot program, the Secretary shall provide for 
the following: 
(A) For replacement of the Regular Army recruiters by 
contract recruiters in the 10 recruiting companies selected 
under paragraph (1). 
(B) For operation of the 10 companies under the same 
rules and chain of command as the other Army recruiting 
companies. 
(C) For use of the offices, facilities, and equipment of the 
10 companies by the contract recruiters. 
(D) For reversion to performance of the recruiting activities 
by Regular Army soldiers in the 10 companies upon termination 
of the pilot program. 
(E) For £iny other uses of contractor personnel for Army 
recruiting activities that the Secretary determines appropriate. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-131 
(e) 
DURATION 
OF PILOT 
PROGRAMS.—The pilot 
programs 
required by this section shall be carried out during the period 
beginning on October 1, 2000, and, subject to subsection (f), ending 
on December 31, 2005. 
(f) AUTHORITY TO EXPAND OR EXTEND PILOT PROGRAMS.—The 
Secretary may expand the scope of any of the pilot programs (under 
subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or otherwise) or extend the 
period for any of the pilot programs. Before doing so in the case 
of a pilot program, the Secretary of the Army shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a written 
notification of the expansion of the pilot program (together with 
the scope of the expansion) or the continuation of the pilot program 
(together with the period of the extension), as the case may be. 
(g) REPORTS.—Not later than February 1, 2006, the Secretary 
of the Army shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a separate report 
on each of the pilot programs carried out under this section. The 
report on a pilot program shall include the following: 
(1) The Secretary's assessment of the value of the actions 
taken in the administration of the pilot program for increasing 
the effectiveness and efficiency of Army recruiting. 
(2) Any recommendations for legislation or other action 
that the Secretary considers appropriate to increase the 
effectiveness and efficiency of Army recruiting. 
SEC. 562. ENHANCEMENT OF RECRUITMENT MARKET RESEARCH AND 
ADVERTISING PROGRAMS. 
Section 503(a) of title 10, United States Code, is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary of Defense shall act on a continuing basis 
to enhance the effectiveness of recruitment programs of the Depart-
ment of Defense (including programs conducted jointly and pro-
grams conducted by the separate armed forces) through an aggres-
sive program of advertising and market research targeted at 
prospective recruits for the armed forces and those who may influ-
ence prospective recruits. Subchapter I of chapter 35 of title 44 
shall not apply to actions taken as part of that program.". 
SEC. 563. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUIT-
ING PURPOSES. 
(a) REQUIREMENT FOR ACCESS.—Subsection (c) of section 503 
of title 10, United States Code, is amended to read as follows: 
"(c) ACCESS TO SECONDARY SCHOOLS.—(1) Each local edu-
cational agency shall (except as provided under paragraph (5)) 
provide to the Department of Defense, upon a request made for 
military recruiting purposes, the same access to secondary school 
students, and to directory information concerning such students, 
as is provided generally to post-secondary educational institutions 
or to prospective employers of those students. 
"(2) If a local educational agency denies a request by the Depart-
ment of Defense for recruiting access, the Secretary of Defense, 
in cooperation with the Secretary of the military department con-
cerned, shall designate an ofHcer in a grade not below the grade 
of colonel or, in the case of the Navy, captain, or a senior executive 
of that military department to meet with representatives of that 
local educational agency in person, at the offices of that agency. 
114 STAT. 1654A-132 
PUBLIC LAW 106-398—APPENDIX 
for the purpose of arranging for recruiting access. The designated 
officer or senior executive shall seek to have that meeting within 
120 days of the date of the denial of the request for recruiting 
access. 
"(3) If, after a meeting under paragraph (2) with representatives 
of a local educational agency that has denied a request for recruiting 
access or (if the educational agency declines a request for the 
meeting) after the end of such 120-day period, the Secretary of 
Defense determines that the agency continues to deny recruiting 
access, the Secretary shall transmit to the chief executive of the 
State in which the agency is located a notification of the denial 
of recruiting access and a request for assistance in obtaining that 
access. The notification shall be transmitted within 60 days after 
the date of the determination. The Secretary shall provide to the 
Secretary of Education a copy of such notification and any other 
communication between the Secretary and that chief executive with 
respect to such access. 
"(4) If a local educational agency continues to deny recruiting 
access one year after the date of the transmittal of a notification 
regarding that agency under paragraph (3), the Secretary— 
"(A) shall determine whether the agency denies recruiting 
access to at least two of the armed forces (other than the 
Coast Guard when it is not operating as a service in the 
Navy); and 
"(B) upon making an affirmative determination under 
subparagraph (A), shall transmit a notification of the denial 
of recruiting access to— 
"(i) the specified congressional committees; 
"(ii) the Senators of the State in which the local edu-
cational agency is located; and 
"(iii) the member of the House of Representatives who 
represents the district in which the local educational agency 
is located. 
"(5) The requirements of this subsection do not apply to— 
"(A) a local educational agency with respect to access to 
secondary school students or access to directory information 
concerning such students for any period during which there 
is in effect a policy of that agency, established by majority 
vote of the governing body of the agency, to deny recruiting 
access to those students or to that directory information, respec-
tively; or 
"(B) a private secondary school which maintains a religious 
objection to service in the armed forces and which objection 
is verifiable through the corporate or other organizational docu-
ments or materials of that school. 
"(6) In this subsection: 
"(A) The term local educational agency' means— 
"(i) a local educational agency, within the meaning 
of that term in section 14101(18) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8801(18)); 
and 
"(ii) a private secondary school. 
"(B) The term 'recruiting access' means access requested 
as described in paragraph (1). 
"(C) The term 'senior executive' has the meaning given 
that term in section 3132(a)(3) of title 5. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-133 
"(D) The term 'State' includes the District of Columbia, 
the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, Guam, the Virgin Islands, American 
Samoa, the Federated States of Micronesia, the Republic of 
the Marshall Islands, and the Republic of Palau. 
"(E) The term 'specified congressional committees' means 
the following: 
"(i) The Committee on Armed Services and the Commit-
tee on Health, Education, Labor, and Pensions of the Sen-
ate. 
"(ii) The Committee on Armed Services and the 
Committee on Education and the Workforce of the House 
of Representatives. 
"(F) The term 'member of the House of Representatives' 
includes a Delegate or Resident Commissioner to Congress.". 
(b) DEFINITION OF DIRECTORY INFORMATION.—Such section is 
further amended— 
(1) by striking paragraph (7) of subsection (b); and 
(2) by adding at the end the following new subsection: 
"(d) DIRECTORY INFORMATION DEFINED.—In this section, the 
term 'directory information' has the meaning given that term in 
subsection (a)(5)(A) of section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g).". 
(c) 
TECHNICAL 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a), by inserting "RECRUITING CAM-
PAIGNS.—" after "(a)"; and 
(2) in subsection (b), by inserting "COMPILATION OF DIREC-
TORY INFORMATION.—" after "(b)". 
(d) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on July 1, 2002. 
SEC. 564. PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY 
IMPROVING MILITARY AWARENESS OF SCHOOL COUN-
SELORS AND EDUCATORS. 
(a) IN GENERAL.—The Secretary of Defense shall conduct a 
pilot program to determine if cooperation with military recruiters 
by local educational agencies and by institutions of higher education 
could be enhanced by improving the understanding of school coun-
selors and educators about military recruiting and military career 
opportunities. The pilot program shall be conducted during a three-
year period beginning not later than 180 days after the date of 
the enactment of this Act. 
(b) CONDUCT OF PILOT PROGRAM THROUGH PARTICIPATION IN 
INTERACTIVE INTERNET SITE.—(1) The pilot program shall be con-
ducted by means of participation by the Department of Defense 
in a qualifying interactive Internet site. 
(2) For purposes of this section, a qualifying interactive Internet 
site is an Internet site in existence as of the date of the enactment 
of this Act that is designed to provide to employees of local edu-
cational agencies and institutions of higher education participating 
in the Internet site— 
(A) systems for communicating; 
(B) resources for individual professional development; 
(C) resources to enhance individual on-the-job effectiveness; 
and 
(D) resources to improve organizational effectiveness. 
114 STAT. 1654A-134 
PUBLIC LAW 106-398—APPENDIX 
(3) Participation in an Internet site by the Department of 
Defense for purposes of this section shall include— 
(A) funding; 
(B) assistance; and 
(C) access by other Internet site participants to Department 
of Defense aptitude testing programs, career development 
information, and other resources, in addition to information 
on military recruiting and career opportunities. 
(c) REPORT.—The Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report provid-
ing the Secretary's findings and conclusions on the pilot program 
not later than 180 days after the end of the three-year program 
period. 
Subtitle G—Other Matters 
SEC. 571. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION 
DATE FOR CERTAIN FORCE DRAWDOWN TRANSITION 
AUTHORITIES. 
(a) EARLY RETIREMENT AUTHORITY FOR ACTIVE FORCE MEM-
BERS.—Section 4403 of the National Defense Authorization Act 
for Fiscal Year 1993 (10 U.S.C. 1293 note) is amended— 
(1) in subsection (a), by striking "through fiscal year 1999" 
and inserting "during the active force drawdown period"; and 
(2) in subsection (i), by striking "October 1, 2001" and 
inserting "December 31, 2001". 
(b) SSB AND VSI.—Sections 1174a(h)(l) and 1175(d)(3) of title 
10, United States Code, are amended by striking "September 30, 
2001" and inserting "December 31, 2001". 
(c) SELECTIVE EARLY RETIREMENT BOARDS.—Section 638a(a) 
of such title is amended by striking "September 30, 2001" and 
inserting "December 31, 2001". 
(d) TIME-IN-GRADE REQUIREMENT FOR RETENTION OF GRADE 
UPON VOLUNTARY RETIREMENT.—Section 1370 of such title is 
amended by striking "September 30, 2001" in subsections (a)(2)(A) 
and (d)(5) and inserting "December 31, 2001". 
(e) MINIMUM COMMISSIONED SERVICE FOR VOLUNTARY RETIRE-
MENT AS AN OFFICER.—Sections 3911(b), 6323(a)(2), and 8911(b) 
of such title are amended by striking "September 30, 2001" and 
inserting "December 31, 2001". 
(f) TRAVEL, TRANSPORTATION, AND STORAGE BENEFITS.—Sec-
tions 404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and 406(g)(1)(C) 
of title 37, United States Code, and section 503(c)(1) of the National 
Defense Authorization Act for Fiscal Year 1991 (37 U.S.C. 406 
note) are amended by striking "September 30, 2001" and inserting 
"December 31, 2001". 
(g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMUNITY SERV-
ICE.—Section 4463(f) of the National Defense Authorization Act 
for Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by striking 
"September 30, 2001" and inserting "December 31, 2001". 
(h) TRANSITIONAL HEALTH BENEFITS.—Subsections (a)(1), (c)(1), 
and (e) of section 1145 of title 10, United States Code, are amended 
by striking "September 30, 2001" and inserting "December 31, 
2001". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-135 
(i) TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS.—Sec-
tion 1146 of such title is amended by striking "September 30, 
2001" both places it appears and inserting "December 31, 2001". 
(j) TRANSITIONAL USE OF MILITARY HOUSING.—Paragraphs (1) 
and (2) of section 1147(a) of such title are amended by striking 
"September 30, 2001" and inserting "December 31, 2001". 
(k) 
CONTINUED ENROLLMENT OF DEPENDENTS IN DEFENSE 
DEPENDENTS' 
EDUCATION 
SYSTEM.—Section 
1407(c)(1) of the 
Defense Dependents' Education Act of 1978 (20 U.S.C. 926(c)(1)) 
is amended by striking "September 30, 2001" and inserting "Decem-
ber 31, 2001". 
(1) FORCE REDUCTION TRANSITION PERIOD DEFINED FOR CER-
TAIN GUARD AND RESERVE BENEFITS.—Section 4411 of the National 
Defense Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 
note) is amended by striking "September 30, 2001" and inserting 
"December 31, 2001". 
(m) TEMPORARY SPECL\L AUTHORITY FOR FORCE REDUCTION 
PERIOD RETIREMENTS.—Section 4416(b)(1) of the National Defense 
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note) 
is amended by striking "October 1, 2001" and inserting "the end 
of the force reduction period". 
(n) RETIRED PAY FOR NON-REGULAR SERVICE.—(1) Section 
12731(f) of title 10, United States Code, is amended by striking 
"September 30, 2001" and inserting "December 31, 2001". 
(2) Section 12731a of such title is amended— 
(A) in subsection (a)(1)(B), by striking "October 1, 2001" 
and inserting "the end of the period described in subsection 
(b)"; and 
(B) in subsection (b), by striking "October 1, 2001" and 
inserting "December 31, 2001". 
(o) AFFILLSLTION WITH GUARD AND RESERVE UNITS; WAIVER 
OF CERTAIN LIMITATIONS.—Section 1150(a) of such title is amended 
by striking "September 30, 2001" and inserting "December 31, 
2001". 
(p) RESERVE MONTGOMERY GI BILL.—Section 16133(b)(1)(B) of 
such title is amended by striking "September 30, 2001" and insert-
ing "December 31, 2001". 
SEC. 572. VOLUNTARY SEPARATION INCENTIVE. 
(a) 
AUTHORITY FOR TERMINATION 
UPON 
ENTITLEMENT TO 
RETIRED PAY.—Section 1175(e)(3) of title 10, United States Code, 
is amended— 
(1) inserting "(A)" after "(3)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) If a member is receiving simultaneous voluntary separation 
incentive payments and retired or retainer pay, the member may 
elect to terminate the receipt of voluntary separation incentive 
payments. Any such election is permanent and irrevocable. The 
rate of monthly recoupment from retired or retainer pay of vol-
untary separation incentive payments received after such an elec-
tion shall be reduced by a percentage that is equal to a fraction 
with a denominator equal to the number of months that the vol-
untary separation incentive payments were scheduled to be paid 
and a numerator equal to the number of months that would not 
be paid as a result of the member's decision to terminate the 
voluntary separation incentive.". 
114 STAT. 1654A-136 
PUBLIC LAW 106-398—APPENDIX 
(b) EFFECTIVE DATE.—Subparagraph (B) of section 1175(e)(3) 
of title 10, United States Code, as added by subsection (a), shall 
apply with respect to decisions by members to terminate voluntary 
separation incentive payments under section 1175 of title 10, United 
States Code, to be effective after September 30, 2000. 
SEC. 573. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF 
WOMEN TO DUTY ON SUBMARINES AND FOR ANY PRO-
POSED RECONFIGURATION OR DESIGN OF SUBMARINES 
TO ACCOMMODATE FEMALE CREW MEMBERS. 
(a) IN GENERAL.—(1) Chapter 555 of title 10, United States 
Code, is amended by adding at the end the following new section: 
''§6035. Female members: congressional review period for 
assignment 
to 
duty 
on 
submarines 
or 
for 
recon^guration of submarines 
"(a) No change in the Department of the Navy policy limiting 
service on submarines to males, as in effect on May 10, 2000, 
may take effect until— 
"(1) the Secretary of Defense submits to Congress written 
notice of the proposed change; and 
"(2) a period of 30 days of continuous session of Congress 
(excluding any day on which either House of Congress is not 
in session) expires following the date on which the notice is 
received. 
"(b) No funds available to the Department of the Navy may 
be expended to reconfigure any existing submarine, or to design 
any new submarine, to accommodate female crew members until— 
"(1) the Secretary of Defense submits to Congress written 
notice of the proposed reconfiguration or design; and 
"(2) a period of 30 days of continuous session of Congress 
(excluding any day on which either House of Congress is not 
in session) expires following the date on which the notice is 
received. 
"(c) For purposes of this section, the continuity of a session 
of Congress is broken only by an adjournment of the Congress 
sine die.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"6035. Female members: congressional review period for assignment to duty on sub-
marines or for reconfiguration of submarines.". 
(b) 
CONFORMING 
AMENDMENT.—Section 
542(a)(1) 
of 
the 
National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 
113 note) is amended by inserting "or by section 6035 of title 
10, United States Code" after "Except in a case covered by sub-
section (b)". 
SEC. 574. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEM-
BERS SUBJECT TO LENGTHY OR NUMEROUS DEPLOY-
MENTS. 
(a) 
APPROVING AUTHORITY FOR LENGTHY DEPLOYMENTS OF 
MEMBERS.—Subsection (a) of section 991 of title 10, United States 
Code, is amended— 
(1) by striking "unless an officer" in the second sentence 
of paragraph (1) and all that follows through the period at 
the end of that sentence and inserting a period and the follow-
ing: "However, the member may be deployed, or continued 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-137 
in a deployment, without regard to the preceding sentence 
if such deployment, or continued deployment, is approved— 
"(A) in the case of a member who is assigned to a combatant 
command in a position under the operational control of the 
officer in that combatant command who is the service compo-
nent commander for the members of that member's armed 
force in that combatant command, by that officer; and 
"(B) in the case of a member not assigned as described 
in subparagraph (A), by the service chief of that member's 
armed force (or, if so designated by that service chief, by an 
officer of the same armed force on active duty who is in the 
grade of general or admiral or who is the personnel chief 
for that armed force)."; and 
(2) by adding at the end the following new paragraph: 
"(3) In paragraph (1)(B), the term 'service chief means the 
Chief of Staff of the Army, the Chief of Naval Operations, the 
Chief of Staff of the Air Force, or the Commandant of the Marine 
Corps.". 
(b) CLARIFICATION OF DEFINITION OF DEPLOYMENT.—Subsection 
(b) of such section is amended— 
(1) in paragraph (1), by inserting "or homeport, as the 
case may be" before the period at the end; 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; 
(3) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) In the case of a member of a reserve component performing 
active service, the member shall be considered deployed or in a 
deployment for the purposes of paragraph (1) on any day on which, 
pursuant to orders that do not establish a permanent change of 
station, the member is performing the active service at a location 
that— 
"(A) is not the member's permanent training site; and 
"(B) is— 
"(i) at least 100 miles from the member's permanent 
residence; or 
"(ii) a lesser distance from the member's permanent 
residence that, under the circumstances applicable to the 
member's travel, is a distance that requires at least three 
hours of travel to traverse."; and 
(4) in paragraph (3), as redesignated by paragraph (2) 
of this subsection— 
(A) by striking "or" at the end of subparagraph (A); 
(B) by striking the period at the end of subparagraph 
(B) and inserting "; or"; and 
(C) by adding at the end the following new subpara-
graph: 
"(C) unavailable solely because of— 
"(i) a hospitalization of the member at the member's 
permanent duty station or homeport or in the immediate 
vicinity of the member's permanent residence; or 
"(ii) a disciplinary action taken against the member.". 
(c) ASSOCIATED PER DIEM ALLOWANCE.—Section 435 of title 
37, United States Code (as added to that title effective October 
1, 2001, by section 586(b) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 638)) is 
amended— 
114 STAT. 1654A-138 
PUBLIC LAW 106-398—APPENDIX 
(1) in subsection (a), by striking "251 days or more out 
of the preceding 365 days" and inserting "401 or more days 
out of the preceding 730 days"; and 
(2) in subsection (b), by striking "prescribed under para-
graph (3)" and inserting "prescribed under paragraph (4)". 
(d) REVIEW OF MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL 
MEMBERS.—Not later than March 31, 2002, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the administration 
of section 991 of title 10, United States Code, during fiscal year 
2001. The report shall include— 
(1) a discussion of the experience in tracking and recording 
the deployments of members of the Armed Forces; and 
(2) any recommendations for revision of such section that 
the Secretary considers appropriate. 
(e) EFFECTIVE DATE.—If this Act is enacted before October 
1, 2000, the amendments made by subsections (a) and (b) shall 
take effect on October 1, 2000, immediately after the amendment 
made by section 586(a) of the National Defense Authorization Act 
for Fiscal Year 2000 (Pubhc Law 106-65; 113 Stat. 637) adding 
section 991 of title 10, United States Code, to such title. 
SEC. 575. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY. 
(a) COMPENSATION AT RATE FOR INACTIVE-DUTY TRAINING.— 
(1) Section 115(b)(2) of title 32, United States Code, is amended 
to read as follows: 
"(2) as directed by the Secretary concerned, either— 
"(A) the allowance under section 435 of title 37; or 
"(B) compensation under section 206 of title 37.". 
(2) Section 12503(b)(2) of title 10, United States Code, is amend-
ed to read as follows: 
"(2) as directed by the Secretary concerned, either— 
"(A) the allowance under section 435 of title 37; or 
"(B) compensation under section 206 of title 37.". 
(b) CONFORMING REPEAL.—Section 435 of title 37, United States 
Code, is amended by striking subsection (c). 
(c) APPLICABILITY.—The amendments made by this section shall 
apply with respect to funeral honors duty performed on or after 
October 1, 2000. 
SEC. 576. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE 
UNITS AND PERSONNEL TO MEET CURRENT AND EMERG-
ING DEFENSE INTELLIGENCE NEEDS. 
(a) TEST PROGRAM REQUIRED.—(1) Beginning not later than 
June 1, 2001, the Secretary of Defense shall conduct a three-
year test program of reserve component intelligence units and 
personnel. The purpose of the test program shall be— 
(A) to determine the most effective peacetime structure 
and operational employment of reserve component intelligence 
assets for meeting current and future Department of Defense 
peacetime operational intelligence requirements; and 
(B) to establish a means to coordinate and transition that 
peacetime intelligence operational support network into use 
for meeting wartime requirements. 
(2) The test program shall be carried out using the Joint 
Reserve Intelligence Program and appropriate reserve component 
intelligence units and personnel. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-139 
(3) In conducting the test program, the Secretary of Defense 
shall expand the current Joint Reserve Intelligence Program as 
needed to meet the objectives of the test program. 
(b) OVERSIGHT PANEL.—The Secretary shall establish an over-
sight panel to structure the test program so as to achieve the 
objectives of the test program, ensure proper funding for the test 
program, and oversee the conduct and evaluation of the test pro-
gram. The panel members shall include— 
(1) the Assistant Secretary of Defense for Command, Con-
trol, Communications and Intelligence; 
(2) the Assistant Secretary of Defense for Reserve Affairs; 
and 
(3) representatives from the Defense Intelligence Agency, 
the Army, Navy, Air Force, and Marine Corps, the Joint Staff, 
and the combatant commands. 
(c) TEST PROGRAM OBJECTIVES.—The test program shall have 
the following objectives: 
(1) To identify the range of peacetime roles and missions 
that are appropriate for reserve component intelligence units 
and personnel, including the following missions: counterdrug, 
counterintelligence, counterterrorism, information operations, 
information warfare, and other emerging threats. 
(2) To recommend a process for justifying and validating 
reserve component intelligence force structure and manpower 
to support the peacetime roles and missions identified under 
paragraph (1) and to establish a means to coordinate and 
transition that peacetime operational support network and 
structure into wartime requirements. 
(3) To provide, pursuant to paragraphs (1) and (2), the 
,.: basis for new or revised intelligence and reserve component 
policy guidelines for the peacetime use, organization, manage-
ment, infrastructure, and funding of reserve component intel-
ligence units and personnel. 
(4) To determine the most effective structure, organization, 
manning, and management of Joint Reserve Intelligence Cen-
ters to enable them to be both reserve training facilities and 
virtual collaborative production facilities in support of Depart-
ment of Defense peacetime operational intelligence require-
ments. 
(5) To determine the most effective uses of technology for 
virtual collaborative intelligence operational support during 
peacetime and wartime. 
(6) To determine personnel and career management initia-
tives or modifications that are required to improve the recruit-
ing and retention of personnel in the reserve component intel-
ligence specialties and occupational skills. 
(7) To identify and make recommendations for the elimi-
nation of statutory prohibitions and barriers to using reserve 
component intelligence units and individuals to carry out peace-
time operational requirements. 
(d) REPORTS.—The Secretary of Defense shall submit to 
Congress— 
(1) interim reports on the status of the test program not 
later than July 1, 2002, and July 1, 2003; and 
(2) a final report, with such recommendations for changes 
•' 
as the Secretary considers necessary, not later than December 
1, 2004. 
114 STAT. 1654A-140 
PUBLIC LAW 106-398—APPENDIX 
SEC. 577. NATIONAL GUARD CHALLENGE PROGRAM. 
(a) RESPONSIBILITY OF SECRETARY OF DEFENSE.—Subsection 
(a) of section 509 of title 32, United States Code, is amended 
by striking ", acting through the Chief of the National Guard 
Bureau,". 
(b) SOURCES OF FEDERAL SUPPORT.—Subsection (b) of such 
section is amended— 
(1) by inserting "(1)" before "The Secretary of Defense"; 
(2) by striking ", except that Federal expenditures under 
the program may not exceed $62,500,000 for any fiscal year"; 
and 
(3) by adding at the end the following new paragraphs: 
"(2) The Secretary shall carry out the National Guard Challenge 
Program using— 
"(A) funds appropriated directly to the Secretary of Defense 
for the program, except that the amount of funds appropriated 
directly to the Secretary and expended for the program in 
a fiscal year may not exceed $62,500,000; and 
"(B) nondefense funds made available or transferred to 
the Secretary of Defense by other Federal agencies to support 
the program. 
"(3) Federal funds made available or transferred to the Sec-
retary of Defense under paragraph (2)(B) by other Federal agencies 
to support the National Guard Challenge Program may be expended 
for the program in excess of the fiscal year limitation specified 
in paragraph (2)(A).". 
(c) REGULATIONS.—Such section is further amended by adding 
at the end the following new subsection: 
"(m) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out the National Guard Challenge Program. 
The regulations shall address at a minimum the following: 
"(1) The terms to be included in the program agreements 
required by subsection (c). 
"(2) The qualifications for persons to participate in the 
program, as required by subsection (e). 
"(3) The benefits authorized for program participants, as 
required by subsection (f). 
"(4) The status of National Guard personnel assigned to 
duty in support of the program under subsection (g). 
"(5) The conditions for the use of National Guard facilities 
and equipment to carry out the program, as required by sub-
section (h). 
"(6) The status of program participants, as described in 
subsection (i). 
"(7) The procedures to be used by the Secretary when 
communicating with States about the program.". 
(d) CONFORMING AMENDMENT.—Section 2033 of title 10, United 
States Code, is amended by striking "appropriated for" and inserting 
"appropriated directly to the Secretary of Defense for". 
SEC. 578. STUDY OF USE OF CIVILL\N CONTRACTOR PILOTS FOR OPER-
ATIONAL S U P P O R T MISSIONS. 
(a) STUDY.—The Secretary of Defense shall conduct a study 
to determine the feasibility and cost, as well as the advantages 
and disadvantages, of using civilian contractor personnel as pilots 
and other air crew members to fly nonmilitary Government aircraft 
(referred to as "operational support aircraft") to perform non-combat 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-141 
personnel transportation missions worldwide. In carrying out the 
study, the Secretary shall consider the views and recommendations 
of the Chairman of the Joint Chiefs and the other members of 
the Joint Chiefs of Staff. 
(b) 
MATTERS TO BE INCLUDED.—The study shall, at a 
minimum— 
(1) determine whether use of civilian contractor personnel 
as pilots and other air crew members for such operational 
support missions would be a cost effective means of freeing 
for duty in units with combat and combat support missions 
those military pilots and other personnel who now perform 
such operational support missions; and 
(2) the effect on retention of military pilots and other 
personnel if they are no longer required to fly operational 
support missions. 
(c) SUBMISSION OF REPORT.—The Secretary shall submit a 
report containing the results of the study to the Committee on 
Armed Services of the Senate and the Committee on Armed Services 
of the House of Representatives not later than six months after 
the date of the enactment of this Act. 
SEC. 579. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS 
IN CONNECTION WITH CANCELLATION OF LEAVE ON 
SHORT NOTICE. 
(a) REIMBURSEMENT AUTHORIZED.—Chapter 53 of title 10, 
United States Code, is amended by inserting after section 1053 
the following new section: 
'*§ 1053a. Expenses incurred in connection with leave can-
celed due to contingency operations: reimburse-
ment 
"(a) AUTHORIZATION TO REIMBURSE.—^The Secretary concerned 
may reimburse a member of the armed forces under the jurisdiction 
of the Secretary for travel and related expenses (to the extent 
not otherwise reimbursable under law) incurred by the member 
as a result of the cancellation of previously approved leave when 
the leave is canceled in connection with the member's participation 
in a contingency operation and the cancellation occurs within 48 
hours of the time the leave would have commenced. 
"(b) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to establish the criteria for the applicability of sub-
section (a). 
"(c) CONCLUSIVENESS OF SETTLEMENT.—The settlement of an 
application for reimbursement under subsection (a) is final and 
conclusive.". 
(b) EFFECTIVE DATE.—Section 1053a of title 10, United States 
Code, as added by subsection (a), shall apply with respect to any 
travel and related expenses incurred by a member in connection 
with leave canceled after the date of the enactment of this Act. 
(c) CONFORMING AND CLERICAL AMENDMENTS.—(1) The heading 
of section 1052 of such title is amended to read as follows: 
'*§ 1052. Adoption expenses: reimbursement**. 
(2) The heading of section 1053 of such title is amended to 
read as follows: 
114 STAT. 1654A-142 
PUBLIC LAW 106-398—APPENDIX 
"§ 1053. Financial institution charges incurred because of 
Government error in direct deposit of pay: 
reimbursement". 
(3) The table of sections at the beginning of chapter 53 of 
such title is amended by striking the items relating to sections 
1052 and 1053 and inserting the following: 
"1052. Adoption expenses: reimbursement. 
"1053. Financial institution charges incurred because of Government error in direct 
deposit of pay: reimbursement. 
"1053a. Expenses incurred in connection with leave canceled due to contingency op-
erations: reimbursement.". 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
SUBTITLE A—PAY AND ALLOWANCES 
Sec. 601. Increase in basic pay for fiscal year 2001. 
Sec. 602. Additional restructuring of basic pay rates for enlisted members. 
Sec. 603. Revised method for calculation of basic allowance for subsistence. 
Sec. 604. Family subsistence supplemental allowance for low-income members of 
the Armed Forces. 
Sec. 605. Basic allowance for housing. 
Sec. 606. Additional amount available for fiscal year 2001 increase in basic allow-
ance for housing inside the United States. 
Sec. 607. Equitable treatment of junior enlisted members in computation of basic 
allowance for housing. 
Sec. 608. Eligibility of members in grade E-4 to receive basic allowance for housing 
while on sea duty. 
Sec. 609. Personal money allowance for senior enlisted members of the Armed 
Forces. 
Sec. 610. Increased uniform allowances for officers. 
Sec. 611. Cabinet-level authority to prescribe requirements and allowance for cloth-
ing of enlisted members. 
Sec. 612. Increase 
in 
monthly 
subsistence 
allowance 
for 
members 
of 
precommissioning programs. 
SUBTITLE B—BONUSES AND SPECIAL AND INCENTIVE PAYS 
Sec. 621. Extension of certain bonuses and special pay authorities for reserve 
forces. 
Sec. 622. Extension of certain bonuses and special pay authorities for nurse officer 
candidates, registered nurses, and nurse anesthetists. 
Sec. 623. Extension of authorities relating to payment of other bonuses and special 
pays. 
Sec. 624. Revision of enlistment bonus authority. 
Sec. 625. Consistency of authorities for special pay for reserve medical and dental 
officers. 
Sec. 626. Elimination of required congressional notification before implementation 
of certain special pay authority. 
Sec. 627. Special pay for physician assistants of the Coast Guard. 
Sec. 628. Authorization of special pay and accession bonus for pharmacy officers. 
Sec. 629. Correction of references to Air Force veterinarians. 
Sec. 630. Career sea pay. 
Sec. 631. Increased maximum rate of special duty assignment pay. 
Sec. 632. Entitlement of members of the National Guard and other reserves not on 
active duty to receive special duty assignment pay. 
Sec. 633. Authorization of retention bonus for members of the Armed Forces quali-
fied in a critical military skill. 
Sec. 634. Entitlement of active duty officers of the Public Health Service Corps to 
special pays and bonuses of health professional officers of the Armed 
Forces. 
SUBTITLE C—TRAVEL AND TRANSPORTATION ALLOWANCES 
Sec. 641. Advance payments for temporary lodging of members and dependents. 
Sec. 642. Additional transportation allowance regarding baggage and household ef-
fects. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-143 
Sec. 643. Incentive for shipping and storing household goods in less than average 
weights. 
Sec. 644. Equitable dislocation allowances for junior enlisted members. 
Sec. 645. Authority to reimburse military recruiters, Senior ROTC cadre, and mili-
tary entrance processing personnel for certain parking expenses. 
Sec. 646. Expansion of funded student travel for dependents. 
SUBTITLE D—RETIREMENT AND SURVIVOR BENEFIT MATTERS 
Sec. 651. Exception to high-36 month retired pay computation for members retired 
following a disciplinary reduction in grade. 
Sec. 652. Increase in maximum number of Reserve retirement points that may be 
credited in any year. 
Sec. 653. Retirement from active reserve service after regular retirement. 
Sec. 654. Same treatment for Federal judges as for other Federal officials regarding 
payment of military retired pay. 
Sec. 655. Reserve component Survivor Benefit Plan spousal consent requirement. 
Sec. 656. Sense of Congress on increasing Survivor Benefit Plan annuities for sur-
viving spouses age 62 or older. 
Sec. 657. Revision to special compensation authority to repeal exclusion of uni-
formed services retirees in receipt of disability retired pay. 
SUBTITLE E—OTHER MATTERS 
Sec. 661. Participation in Thrift Savings Plan. 
Sec. 662. Determinations of income eligibility for special supplemental food pro-
gram. 
Sec. 663. Billeting services for reserve members traveling for inactive-duty train-
ing. 
Sec. 664. Settlement of claims for payments for unused accrued leave and for re-
tired pay. 
Sec. 665. Additional benefits and protections for personnel incurring injury, illness, 
or disease in the performance of funeral honors duty. 
Sec. 666. Authority for extension of deadline for filing claims associated with cap-
ture and internment of certain persons by North Vietnam. 
Sec. 667. Back pay for members of the Navy and Marine Corps selected for pro-
motion while interned as prisoners of war during World War II. 
Sec. 668. Sense of Congress concerning funding for reserve components. 
Subtitle A—Pay and Allowances 
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—^The adjustment 
to become effective during fiscal year 2001 required by section 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2001, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.7 percent. 
SEC. 602. ADDITIONAL RESTRUCTURING OF BASIC PAY RATES FOR 
ENLISTED MEMBERS. 
(a) 
MINIMUM 
PAY 
INCREASES 
FOR 
MID-LEVEL 
ENLISTED 
GRADES.—(1) Subject to paragraph (2), effective on July 1, 2001, 
the rates of monthly basic pay for enlisted members of the Armed 
Forces in the pay grades E-7, E-6, and E-5 shall be as follows: 
114 STAT. 1654A-144 
PUBLIC LAW 106-398—APPENDIX 
ENLISTED MEMBERS 
Years of service computed under section 205 of title 37, United States Code 
Pay 
Grade 
E-7 .... 
E-6 .... 
E-5 .... 
E-7 .... 
E-6 .... 
E-5 .... 
E-7 .... 
E-6 .... 
E-5 .... 
2 or less 
1,831.20 
1,575.00 
1,381.80 
Overs 
2,362.20 
2,097.30 
1,888.50 
Over 18 
2,742.00 
2,421.30 
2,040.30 
Over 2 
1,999.20 
1,740.30 
1,549.20 
Over 10 
2,437.80 
2,174.10 
1,962.90 
Over 20 
2,817.90 
2,421.30 
2,040.30 
Over 3 
2,075.10 
1,817.40 
1,623.90 
Over 12 
2,512.80 
2,248.80 
2,040.30 
Over 22 
2,949.60 
2,421.30 
2,040.30 
Over 4 
2,149.80 
1,891.80 
1,701.00 
Over 14 
2,588.10 
2,325.00 
2,040.30 
Over 24 
3,034.80 
2,421.30 
2,040.30 
Over 6 
2,228.10 
1,969.80 
1,779.30 
Over 16 
2,666.10 
2,379.60 
2,040.30 
Over 26 
3,250.50 
2,421.30 
2,040.30 
(2) The amounts specified in the table in paragraph (1) are 
subject to such revision as the Secretary of Defense and the Sec-
retary of Transportation may prescribe under subsection (b)(1)(A). 
(b) 
SECRETARIAL AUTHORITY TO FURTHER REVISE.—(1) 
To 
ensure the efficient and effective operation of the mihtary pay 
system, the Secretary of Defense, and the Secretary of Transpor-
tation with regard to the Coast Guard, may— 
(A) further increase any of the amounts specified in the 
table in subsection (a) for enlisted members of the Armed 
Forces in the pay grades E-7, E-6, and E-5; and 
(B) increase any of the amounts specified for other enlisted 
members in the table under the heading "ENLISTED MEM-
BERS" in section 601(c) of the National Defense Authorization 
Act for Fiscal Year 2000 (Pubhc Law 106-65; 113 Stat. 648), 
as adjusted on January 1, 2001, pursuant to section 601(b) 
of this Act. 
(2) The revisions in monthly basic pay made by the Secretary 
of Defense and the Secretary of Transportation under paragraph 
(1) shall take effect on July 1, 2001, but only if the Secretaries 
also comply with paragraph (3). 
(3) If the Secretary of Defense or the Secretary of Transpor-
tation exercises the authority provided by paragraph (1), the Sec-
retaries shall include, in the budget justification materials submit-
ted to Congress in support of the President's budget submitted 
under section 1105 of title 31, United States Code, for fiscal year 
2002— 
(A) a revised pay table for enlisted members of the Armed 
Forces to reflect the increases in monthly basic pay to take 
effect on July 1, 2001; and 
(B) a description of the various increases made and the 
reasons therefor. 
SEC. 603. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE 
FOR SUBSISTENCE. 
(a) ANNUAL REVISION OF RATE.—Subsection (b) of section 402 
of title 37, United States Code, is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-145 
(1) in paragraph (1), by striking "The monthly rate" and 
inserting "Through December 31, 2001, the monthly rate"; 
(2) by redesignating paragraph (2) as paragraph (3); and 
(3) by inserting after paragraph (1) the following new para-
graph: 
"(2) On and after January 1, 2002, the monthly rate of basic 
allowance for subsistence to be in effect for an enlisted member 
for a year (beginning on January 1 of that year) shall be equal 
to the sum of— 
"(A) the monthly rate of basic allowance for subsistence 
that was in effect for an enlisted member for the preceding 
year; plus 
"(B) the product of the monthly rate under subparagraph 
(A) and the percentage increase in the monthly cost of a liberal 
food plan for a male in the United States who is between 
20 and 50 years of age over the preceding fiscal year, as 
determined by the Secretary of Agriculture each October 1.". 
(b) CONFORMING AMENDMENT.—Subsection (d)(1) of such section 
is amended by striking "established under subsection (b)(1)" and 
inserting "in effect under paragraph (1) or (2) of subsection (b)". 
(c) EARLY TERMINATION OF B A S TRANSITIONAL AUTHORITY.— 
Effective October 1, 2001, subsections (c) through (f) of section 
602 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 37 U.S.C. 402 note) are repealed. 
SEC. 604. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR 
LOW-INCOME MEMBERS OF THE ARMED FORCES. 
(a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1) Chapter 7 of 
title 37, United States Code, is amended by inserting after section 
402 the following new section: 
'*§402a. Supplemental subsistence allowance for low-income 
members with dependents 
"(a) SUPPLEMENTAL ALLOWANCE REQUIRED.—(1) The Secretary 
concerned shall increase the basic allowance for subsistence to 
which a member of the armed forces described in subsection (b) 
is otherwise entitled under section 402 of this title by an amount 
(in this section referred to as the 'supplemental subsistence allow-
ance') designed to remove the member's household from eligibility 
for benefits under the food stamp program. 
"(2) The supplemental subsistence allowance may not exceed 
$500 per month. In establishing the amount of the supplemental 
subsistence allowance to be paid an eligible member under this 
paragraph, the Secretary shall take into consideration the amount 
of the basic allowance for housing that the member receives under 
section 403 of this title or would otherwise receive under such 
section, in the case of a member who is not entitled to that allowance 
as a result of assignment to quarters of the United States or 
a housing facility under the jurisdiction of a uniformed service. 
"(3) In the case of a member described in subsection (b) who 
establishes to the satisfaction of the Secretary concerned that the 
allotment of the member's household under the food stamp program, 
calculated in the absence of the supplemental subsistence allowance, 
would exceed the amount established by the Secretary concerned 
under paragraph (2), the amount of the supplemental subsistence 
allowance for the member shall be equal to the lesser of the follow-
ing: 
114 STAT. 1654A-146 
PUBLIC LAW 106-398—APPENDIX 
"(A) The value of that allotment. 
"(B) $500. 
"(b) MEMBERS ENTITLED TO ALLOWANCE.—(1) Subject to sub-
section (d), a member of the armed forces is entitled to receive 
the supplemental subsistence allowance if the Secretary concerned 
determines that the member's income, together with the income 
of the rest of the member's household (if any), is within the highest 
income standard of eligibility, as then in effect under section 5(c) 
of the Food Stamp Act of 1977 (7 U.S.C. 2014(c)) and without 
regard to paragraph (1) of such section, for participation in the 
food stamp program. 
"(2) In determining whether a member meets the eligibility 
criteria under paragraph (1), the Secretary— 
"(A) shall not take into consideration the amount of the 
supplemental subsistence allowance payable under this section; 
but 
"(B) shall take into consideration the amount of the basic 
allowance for housing that the member receives under section 
403 of this title or would otherwise receive under such section, 
in the case of a member who is not entitled to that allowance 
as a result of assignment to quarters of the United States 
or a housing facility under the jurisdiction of a uniformed 
service. 
"(c) APPLICATION FOR ALLOWANCE.—To request the supple-
mental subsistence allowance, a member shall submit an application 
to the Secretary concerned in such form and containing such 
information as the Secretary concerned may prescribe. A member 
applying for the supplemental subsistence allowance shall furnish 
such evidence regarding the member's satisfaction of the eligibility 
criteria under subsection (b) as the Secretary concerned may 
require. 
"(d) EFFECTIVE PERIOD.—The entitlement of a member to 
receive the supplemental subsistence allowance terminates upon 
the occurrence of any of the following events, even though the 
member continues to meet the eligibility criteria described in sub-
section (b): 
"(1) Payment of the supplemental subsistence allowance 
for 12 consecutive months. 
"(2) Promotion of the member to a higher grade. 
"(3) Transfer of the member in a permanent change of 
station. 
"(e) REAPPLICATION.—Upon the termination of the effective 
period of the supplemental subsistence allowance for a member, 
or in anticipation of the imminent termination of the allowance, 
a member may reapply for the allowance under subsection (c), 
and the Secretary concerned shall approve the application and 
resume payment of the allowance to the member, if the member 
continues to meet, or once again meets, the eligibility criteria 
described in subsection (b). 
"(f) REPORTING REQUIREMENT.—Not later than March 1 of each 
year after 2001, the Secretary of Defense shall submit to Congress 
a report specifying the number of members of the armed forces 
who received, at any time during the preceding year, the supple-
mental subsistence allowance. In preparing the report, the Secretary 
of Defense shall consult with the Secretary of Transportation. No 
report is required under this subsection after March 1, 2006. 
"(g) DEFINITIONS.—In this section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-147 
"(1) The term'Secretary concerned'means— 
"(A) the Secretary of Defense; and 
"(B) the Secretary of Transportation, with respect to 
the Coast Guard when it is not operating as a service 
in the Navy. 
"(2) The terms 'allotment' and 'household' have the mean-
ings given those terms in section 3 of the Food Stamp Act 
of 1977(7U.S.C. 2012). 
"(3) The term 'food stamp program' means the program 
established pursuant to section 4 of the Food Stamp Act of 
1977 (7 U.S.C. 2013). 
"(h) TERMINATION OF AUTHORITY.—No supplemental subsist-
ence allowance may be provided under this section after September 
30, 2006.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 402 
the following: 
"402a. Supplemental subsistence allowance for low-income members with depend-
ents.". 
(b) EFFECTIVE DATE.—Section 402a of title 37, United States 
Code, as added by subsection (a), shall take effect on the first 
day of the first month that begins not less than 180 days after 
the date of the enactment of this Act. 
SEC. 605. BASIC ALLOWANCE FOR HOUSING. 
(a) CALCULATION OF RATES.—Subsection (b) of section 403 of 
title 37, United States Code, is amended— 
(1) by striking paragraph (2); 
(2) by redesignating paragraph (1) as paragraph (2); and 
(3) by inserting after the subsection heading the following: 
"(1) The Secretary of Defense shall prescribe the rates of the 
basic allowance for housing that are applicable for the various 
military housing areas in the United States. The rates for 
an area shall be based on the costs of adequate housing deter-
mined for the area under paragraph (2).". 
(b) MINIMUM ANNUAL AMOUNT AVAILABLE FOR HOUSING ALLOW-
ANCES.—Subsection (b) of such section is further amended— 
(1) by striking paragraphs (3) and (5); and 
(2) by inserting after paragraph (2) the following new para-
graph: 
"(3) The total amount that may be paid for a fiscal year for 
the basic allowance for housing under this subsection may not 
be less than the product o
f
— 
"(A) the total amount authorized to be paid for such allow-
ance for the preceding fiscal year; and 
"(B) a fraction— 
"(i) the numerator of which is the index of the national 
average monthly cost of housing for June of the preceding 
fiscal year; and 
"(ii) the denominator of which is the index of the 
national average monthly cost of housing for June of the 
second preceding fiscal year.". 
(c) LIMITATIONS ON REDUCTION IN MEMBER'S ALLOWANCE.— 
(1) Paragraph (6) of such subsection is amended by striking ", 
changes in the national average monthly cost of housing,". 
(2) Paragraph (7) of such subsection is amended by striking 
"without dependents". 
114 STAT. 1654A-148 
PUBLIC LAW 106-398—APPENDIX 
(d) ALLOWANCE WHEN DEPENDENTS ARE UNABLE TO ACCOM-
PANY MEMBERS.—Subsection (d) of such section is amended by 
striking paragraph (3) and inserting the following new paragraph: 
"(3) If a member with dependents is assigned to duty in an 
area that is different from the area in which the member's depend-
ents reside, the member is entitled to a basic allowance for housing 
as provided in subsection (b) or (c), whichever applies to the mem-
ber, subject to the following: 
"(A) If the member's assignment to duty in that area, 
or the circumstances of that assignment, require the member's 
dependents to reside in a different area, as determined by 
the Secretary concerned, the amount of the basic allowance 
for housing for the member shall be based on the area in 
which the dependents reside or the member's last duty station, 
whichever the Secretary concerned determines to be most equi-
table. 
"(B) If the member's assignment to duty in that area is 
under the conditions of a low-cost or no-cost permanent change 
of station or permanent change of assignment, the amount 
of the basic allowance for housing for the member shall be 
based on the member's last duty station if the Secretary con-
cerned determines that it would be inequitable to base the 
allowance on the cost of housing in the area to which the 
member is reassigned.". 
(e) EXTENSION OF TRANSITION PERIOD.—Section 603(b) of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 37 U.S.C. 403 note) is amended by striking "six years" 
and inserting "eight years". 
(f) EFFECTIVE DATE; APPLICATION.—(1) The amendments made 
by this section shall take effect on October 1, 2000. 
(2) In the case of the amendment made by subsection (c)(2), 
the amendment shall apply with respect to pay periods beginning 
on and after October 1, 2000, for a member of the uniformed 
services covered by the provision of law so amended regardless 
of the date on which the member was first reassigned to duty 
under the conditions of a low-cost or no-cost permanent change 
of station or permanent change of assignment. 
(3) In the case of the amendment made by subsection (d), 
the amendment shall apply with respect to pay periods beginning 
on and after October 1, 2000, for a member of the uniformed 
services covered by the provision of law so amended regardless 
of the date on which the member was first assigned to duty in 
an area that is different from the area in which the member's 
dependents reside. 
SEC. 606. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001 
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE 
THE UNITED STATES. 
In addition to the amount determined by the Secretary of 
Defense under section 403(b)(3) of title 37, United States Code, 
as amended by section 605(b), to be the total amount to be paid 
during fiscal year 2001 for the basic allowance for housing for 
military housing areas inside the United States, $30,000,000 of 
the amount authorized to be appropriated by section 421 for military 
personnel shall be used by the Secretary to further increase the 
total amount available for the basic allowance for housing for mili-
tary housing areas inside the United States. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-149 
SEC. 607. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS 
IN COMPUTATION OF BASIC ALLOWANCE FOR HOUSING. 
(a) DETERMINATION OF COSTS OF ADEQUATE HOUSING.—Para-
graph (2) of subsection (b) of section 403 of title 37, United States 
Code, as redesignated by section 605(a)(2), is amended by adding 
at the end the following new sentence: "After June 30, 2001, the 
Secretary may not differentiate between members with dependents 
in pay grades E-1 through E-4 in determining what constitutes 
adequate housing for members.". 
(b) SINGLE RATE; MINIMUM.—Subsection (b) of such section, 
as amended by section 605(b)(1), is amended by inserting after 
paragraph (4) the following new paragraph: 
"(5) On and after July 1, 2001, the Secretary of Defense shall 
establish a single monthly rate for members of the uniformed serv-
ices with dependents in pay grades E-1 through E-4 in the same 
military housing area. The rate shall be consistent with the rates 
paid to members in pay grades other than pay grades E-1 through 
E-4 and shall be based on the following: 
"(A) The average cost of a two-bedroom apartment in that 
military housing area. 
"(B) One-half of the difference between the average cost 
of a two-bedroom townhouse in that area and the amount 
determined in subparagraph (A).". 
SEC. 608. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE BASIC 
ALLOWANCE FOR HOUSING WHILE ON SEA DUTY. 
(a) PAYMENT AUTHORIZED.—Subsection (f)(2)(B) of section 403 
of title 37, United States Code, is amended— 
(1) by striking "E-5" in the first sentence and inserting 
"E-4 or E-5"; and 
(2) by striking "grade E-5" in the second sentence and 
inserting "grades E-4 and E-5". 
(b) CONFORMING AMENDMENT.—Subsection (m)(l)(B) of such 
section is amended by striking "E-4" and inserting "E-3". 
SEC. 609. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED MEM-
BERS OF THE ARMED FORCES. 
(a) AUTHORITY.—Section 414 of title 37, United States Code, 
is amended by adding at the end the following new subsection: 
"(c) ALLOWANCE FOR SENIOR ENLISTED MEMBERS.—In addition 
to other pay or allowances authorized by this title, a noncommis-
sioned officer is entitled to a personal money allowance of $2,000 
a year while serving as the Sergeant Major of the Army, the 
Master Chief Petty Officer of the Navy, the Chief Master Sergeant 
of the Air Force, the Sergeant Major of the Marine Corps, or 
the Master Chief Petty Officer of the Coast Guard.". 
(b) 
STYLISTIC 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in subsection (a), by inserting "ALLOWANCE FOR OFFI-
CERS SERVING IN CERTAIN RANKS OR POSITIONS.—" after "(a)"; 
and 
(2) in subsection (b), by inserting "ALLOWANCE FOR CERTAIN 
NAVAL OFFICERS.—" after "(b)". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2000. 
114 STAT. 1654A-150 
PUBLIC LAW 106-398—APPENDIX 
SEC. 610. INCREASED UNIFORM ALLOWANCES FOR OFFICERS. 
(a) INITIAL ALLOWANCE.—Section 415(a) of title 37, United 
States Code, is amended by striking "$200" and inserting "$400". 
(b) ADDITIONAL ALLOWANCE.—Section 416(a) of such title is 
amended by striking "$100" and inserting "$200". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2000. 
SEC. 611. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS 
AND ALLOWANCE FOR CLOTHING OF ENLISTED MEM-
BERS. 
Section 418 of title 37, United States Code, is amended— 
(1) in subsection (a), by striking "The President" and insert-
ing "The Secretary of Defense and the Secretary of Transpor-
tation, with respect to the Coast Guard when it is not operating 
as a service in the Navy,"; and 
(2) in subsection (b), by striking "the President" and insert-
ing "the Secretary of Defense". 
SEC. 612. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR 
MEMBERS OF PRECOMMISSIONING PROGRAMS. 
(a) PAY RATES FOR CADETS AND MIDSHIPMEN.—Section 203(c) 
of title 37, United States Code, is amended by striking "at the 
rate of $600.00." and inserting "at the monthly rate equal to 35 
percent of the basic pay of a commissioned officer in the pay 
grade 0 - 1 with less than two years of service.". 
(b) SUBSISTENCE ALLOWANCE RATES.—Subsection (a) of section 
209 of such title is amended— 
(1) by inserting "(1)" before "Except"; 
(2) by striking "subsistence allowance of $200 a month" 
and inserting "monthly subsistence allowance at a rate pre-
scribed under paragraph (2)"; 
(3) by striking "Subsistence" and inserting the following: 
"(3) A subsistence"; and 
(4) by inserting after the first sentence the following: 
"(2) The Secretary of Defense shall prescribe by regulation 
the monthly rates for subsistence allowances provided under this 
section. The rate may not be less than $250 per month, but may 
not exceed $674 per month.". 
(c) CONFORMING AND STYLISTIC AMENDMENTS.—Section 209 of 
such title is further amended— 
(1) in subsection (a), by inserting "SENIOR ROTC MEMBERS 
IN ADVANCED TRAINING.—" after "(a)"; 
(2) in subsection (b)— 
(A) by inserting "SENIOR ROTC MEMBERS APPOINTED 
IN RESERVES.—" after "(b)"; and 
(B) by striking "in the amount provided in subsection 
(a)" and inserting "at a rate prescribed under subsection 
(a)"; 
(3) in subsection (c), by inserting "PAY WHILE ATTENDING 
TRAINING OR PRACTICE CRUISE.—" after "(c)" the first place 
it appears; and 
(4) in subsection (d)— 
(A) by inserting "MEMBERS OF MARINE CORPS OFFICER 
CANDIDATE PROGRAM.—" after "(d)"; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-151 
(B) by striking "the same rate as that prescribed by 
subsection (a)," and inserting "a monthly rate prescribed 
under subsection (a)", 
(d) EFFECTIVE DATE.—The amendments made by subsections 
(a) and (b) shall take effect October 1, 2001. 
Subtitle B—^Bonuses and Special and 
Incentive Pays 
SEC. 621. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY 
AUTHORITIES FOR RESERVE FORCES. 
(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302g(f) of title 37, United 
States Code, is amended by striking "December 31, 2000" and 
inserting "December 31, 2001". 
(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f) 
of such title is amended by striking "December 31, 2000" and 
inserting "December 31, 2001". 
(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 
of such title is amended by striking "December 31, 2000" and 
inserting "December 31, 2001". 
(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 
by striking "December 31, 2000" and inserting "December 31, 2001". 
(e) SELECTED RESERVE AFFILL\TION BONUS.—Section 308e(e) 
of such title is amended by striking "December 31, 2000" and 
inserting "December 31, 2001". 
(f) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 
Section 308h(g) of such title is amended by striking "December 
31, 2000" and inserting "December 31, 2001". 
(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f) of such 
title is amended by striking "December 31, 2000" and inserting 
"December 31, 2001". 
(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of title 10, United States Code, is amended by striking 
"January 1, 2001" and inserting "January 1, 2002". 
SEC. 622. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY 
A U T H O R I T I E S F O R N U R S E OFFICER CANDIDATES, REG-
ISTERED NURSES, AND NURSE ANESTHETISTS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(l) of title 10, United States Code, is amended by striking 
"December 31, 2000" and inserting "December 31, 2001". 
(b) 
ACCESSION 
BONUS FOR REGISTERED NURSES.—Section 
302d(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 2000" and inserting "December 31, 2001". 
(c) INCENTIVE SPECL\L PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(l) of title 37, United States Code, is amended by striking 
"December 31, 2000" and inserting "December 31, 2001". 
SEC. 623. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
OTHER BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking "December 
31, 2000," and inserting "December 31, 2001,". 
79-194 O - 0 0 - 7 : Q L 3 Part 3 
114 STAT. 1654A-152 
PUBLIC LAW 106-398—APPENDIX 
(b) 
REENLISTMENT 
BONUS FOR ACTIVE 
MEMBERS.—Section 
308(g) of such title is amended by striking "December 31, 2000" 
and inserting "December 31, 2001". 
(c) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(e) of such title is amended 
by striking "December 31, 2000" and inserting "December 31, 2001". 
(d) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
such title is amended by striking "December 31, 2000" and inserting 
"December 31, 2001". 
(e) 
NUCLEAR 
CAREER 
ANNUAL 
INCENTIVE 
BONUS.—Section 
312c(d) of such title is amended by striking "December 31, 2000" 
and inserting "December 31, 2001". 
SEC. 624. REVISION OF ENLISTMENT BONUS AUTHORITY. 
(a) BONUS AUTHORIZED.—(1) Title 37, United States Code, is 
amended by inserting after section 308i the following new section: 
*'§ 309. Special pay: enlistment bonus 
"(a) 
BONUS AUTHORIZED; BONUS AMOUNT.—^A person who 
enlists in an armed force for a period of at least 2 years may 
be paid a bonus in an amount not to exceed $20,000. The bonus 
may be paid in a single lump sum or in periodic installments. 
"(b) REPAYMENT OF BONUS.—(1) A member of the armed forces 
who voluntarily, or because of the member's misconduct, does not 
complete the term of enlistment for which a bonus was paid under 
this section, or a member who is not technically qualified in the 
skill for which the bonus was paid, if any (other than a member 
who is not qualified because of injury, illness, or other impairment 
not the result of the member's misconduct), shall refund to the 
United States that percentage of the bonus that the unexpired 
part of member's enlistment is of the total enlistment period for 
which the bonus was paid. 
"(2) An obligation to reimburse the United States imposed 
under paragraph (1) is for all purposes a debt owed to the United 
States. 
"(3) A discharge in bankruptcy under title 11 that is entered 
less than 5 years after the termination of an enlistment for which 
a bonus was paid under this section does not discharge the person 
receiving the bonus from the debt arising under paragraph (1). 
"(c) RELATION TO PROHIBITION ON BOUNTIES.—The enlistment 
bonus authorized by this section is not a bounty for purposes 
of section 514(a) of title 10. 
"(d) REGULATIONS.—This section shall be administered under 
regulations prescribed by the Secretary of Defense for the armed 
forces under the jurisdiction of the Secretary of Defense and by 
the Secretary of Transportation for the Coast Guard when the 
Coast Guard is not operating as a service in the Navy. 
"(e) DURATION OF AUTHORITY.—No bonus shall be paid tmder 
this section with respect to any enlistment in the armed forces 
made after December 31, 2001.". 
(2) The table of sections at the beginning of chapter 5 of 
such title is amended by inserting after the item relating to section 
308i the following new item: 
"309. Special pay: enlistment bonus.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-153 
(b) REPEAL OF SUPERSEDED ENLISTMENT BONUS AUTHORITIES.— 
(1) Sections 308a and 308f of title 37, United States Code, are 
repealed. 
(2) The table of sections at the beginning of chapter 5 of 
such title is amended by striking the items relating to such sections. 
(c) EFFECTIVE DATE.—(1) The amendments made by subsection 
(a) shall take effect on October 1, 2000, and apply with respect 
to enlistments in the Armed Forces made on or after that date. 
(2) The amendments made by subsection (b) shall take effect 
on October 1, 2000. The repeal of sections 308a and 308f of title 
37, United States Code, by such subsection shall not affect the 
validity or terms of any bonus provided under such sections for 
enlistments in the Armed Forces made before that date. 
SEC. 625. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR 
RESERVE MEDICAL AND DENTAL OFFICERS. 
(a) 
CONSISTENT 
DESCRIPTIONS 
OF ACTIVE 
DUTY.—Section 
302(h)(1) of title 37, United States Code, is amended by inserting 
before the period at the end the following: ", including active duty 
in the form of annual training, active duty for training, and active 
duty for special work". 
(b) RELATION TO OTHER SPECIAL PAY AUTHORITIES.—Subsection 
(d) of section 302f of such title is amended to read as follows: 
"(d) S P E C L ^ RULE FOR RESERVE MEDICAL AND DENTAL OFFI-
CERS.—^While a reserve medical or dental officer receives a special 
pay under section 302 or 302b of this title by reason of subsection 
(a), the officer shall not be entitled to special pay under section 
302(h) or 302b(h) of this title.". 
SEC. 626. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION 
B E F O R E IMPLEMENTATION OF CERTAIN SPECIAL PAY 
AUTHORITY. 
(a) RETENTION SPECIAL PAY FOR OPTOMETRISTS.—(1) Section 
302a(b)(l) of title 37, United States Code, is amended by striking 
"an officer described in paragraph (2) may be paid" and inserting 
"the Secretary concerned may pay an officer described in paragraph 
(2) a". 
(2) Section 617 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302a note) is 
amended by striking subsection (b). 
(b) SPECIAL PAY FOR OFFICERS IN NURSING SPECIALTIES.—(1) 
Section 302e(b)(2)(A) of title 37, United States Code, is amended 
by striking "the Secretary" and inserting "the Secretary of the 
military department concerned". 
(2) Section 614 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 302e note) is 
amended by striking subsection (c). 
SEC. 627. SPECIAL PAY FOR PHYSICIAN ASSISTANTS OF THE COAST 
GUARD. 
Section 302c(d)(l) of title 37, United States Code, is amended 
by inserting after "nurse," the following: "an officer of the Coast 
Guard or Coast Guard Reserve designated as a physician assist-
ant,". 
114 STAT. 1654A-154 
PUBLIC LAW 106-398—APPENDIX 
SEC. 628. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS 
FOR PHARMACY OFFICERS. 
(a) AUTHORIZATION OF SPECIAL PAY AND BONUS.—Chapter 5 
of title 37, United States Code, is amended by inserting after 
section 302h the following new sections: 
"§ 302i. Special pay: pharmacy officers 
"(a) ARMY, NAVY, AND AIR FORCE PHARMACY OFFICERS.—Under 
regulations prescribed pursuant to section 303a of this title, the 
Secretary of the military department concerned may, subject to 
subsection (c), pay special pay at the rates specified in subsection 
(d) to an officer who— 
"(1) is a pharmacy officer in the Medical Service Corps 
of the Army or Navy or the Biomedical Sciences Corps of 
the Air Force; and 
"(2) is on active duty under a call or order to active duty 
for a period of not less than one year. 
"(b) PUBLIC HEALTH SERVICE CORPS.—Subject to subsection 
(c), the Secretary of Health and Human Services may pay special 
pay at the rates specified in subsection (d) to an officer who— 
"(1) is an officer in the Regular or Reserve Corps of the 
Public Health Service and is designated as a pharmacy officer; 
and 
"(2) is on active duty under a call or order to active duty 
for a period of not less than one year. 
"(c) LIMITATION.—Special pay may not be paid under this sec-
tion to an officer serving in a pay grade above pay grade O-
6. 
"(d) RATE OF SPECLU. PAY.—The rate of special pay paid to 
an officer under subsection (a) or (b) is as follows: 
"(1) $3,000 per year, if the officer is undergoing pharmacy 
internship training or has less than 3 years of creditable service. 
"(2) $7,000 per year, if the officer has at least 3 but less 
than 6 years of creditable service and is not undergoing phar-
macy internship training. 
"(3) $7,000 per year, if the officer has at least 6 but less 
than 8 years of creditable service. 
"(4) $12,000 per year, if the officer has at least 8 but 
less than 12 years of creditable service. 
"(5) $10,000 per year, if the officer has at least 12 but 
less than 14 years of creditable service. 
"(6) $9,000 per year, if the officer has at least 14 but 
less than 18 years of creditable service. 
"(7) $8,000 per year, if the officer has 18 or more years 
of creditable service. 
*'§302j. Special pay: accession bonus for pharmacy officers 
"(a) ACCESSION BONUS AUTHORIZED.—^A person who is a grad-
uate of £in accredited pharmacy school and who, during the period 
beginning on the date of the enactment of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 and ending 
on September 30, 2004, executes a written agreement described 
in subsection (c) to accept a commission as an officer of a uniformed 
service and remain on active duty for a period of not less than 
4 years may, upon acceptance of the agreement by the Secretary 
concerned, be paid an accession bonus in an amount determined 
by the Secretary concerned. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-155 
"(b) LIMITATION ON AMOUNT OF BONUS.—The amount of an 
accession bonus under subsection (a) may not exceed $30,000. 
"(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may 
not be paid a bonus under subsection (a) if— 
"(1) the person, in exchange for an agreement to accept 
an appointment as a warrant or commissioned officer, received 
financial assistance from the Department of Defense or the 
Department of Health and Human Services to pursue a course 
of study in pharmacy; or 
"(2) the Secretary concerned determines that the person 
is not qualified to become and remain licensed as a pharmacist. 
"(d) AGREEMENT.—The agreement referred to in subsection (a) 
shall provide that, consistent with the needs of the uniformed 
service concerned, the person executing the agreement shall be 
assigned to duty, for the period of obligated service covered by 
the agreement, as a pharmacy officer in the Medical Service Corps 
of the Army or Navy, a biomedical sciences officer in the Air 
Force designated as a pharmacy officer, or a pharmacy officer 
of the Public Health Service. 
"(e) REPAYMENT.—(1) An officer who receives a payment under 
subsection (a) and who fails to become and remain licensed as 
a pharmacist during the period for which the payment is made 
shall refund to the United States an amount equal to the full 
amount of such payment. 
"(2) An officer who voluntarily terminates service on active 
duty before the end of the period agreed to be served under sub-
section (a) shall refund to the United States an amount that bears 
the same ratio to the amount paid to the officer as the unserved 
part of such period bears to the total period agreed to be served. 
"(3) An obligation to reimburse the United States under para-
graph (1) or (2) is for all purposes a debt owed to the United 
States. 
"(4) A discharge in bankruptcy under title 11 that is entered 
less than 5 years after the termination of an agreement under 
this section does not discharge the person signing such agreement 
from a debt arising under such agreement or this subsection. This 
paragraph applies to any case commenced under title 11 after 
the date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001.". 
(b) ADMINISTRATION.—Section 303a of title 37, United States 
Code, is amended by striking "302h" each place it appears and 
inserting "302j". 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 5 of such title is amended by inserting after the 
item relating to section 302h the following new items: 
"302i. Special pay: pharmacy officers. 
"302j. Special pay: accession bonus for pharmacy officers.". 
SEC. 629. CORRECTION OF REFERENCES TO AIR FORCE VETERINAR-
IANS. 
Section 303(a) of title 37, United States Code, is amended— 
(1) in paragraph (1)(B), by striking "who is designated 
as a veterinary officer" and inserting "who is an officer in 
the Biomedical Sciences Corps and holds a degree in veterinary 
medicine"; and 
(2) in paragraph (2), by striking subparagraph (B) and 
inserting the following: 
114 STAT. 1654A-156 
PUBLIC LAW 106-398—APPENDIX 
"(B) of a reserve component of the Air Force, of the 
Army or the Air Force without specification of component, 
or of the National Guard, who— 
"(i) is designated as a veterinary officer; or 
"(ii) is an officer in the Biomedical Sciences Corps 
of the Air Force and holds a degree in veterinary 
medicine; or". 
SEC. 630. CAREER SEA PAY. 
(a) REFORM OF AUTHORITIES.—Section 305a of title 37, United 
States Code, is amended— 
(1) in subsection (a), by striking "(a) Under regulations 
prescribed by the President, a member" and inserting "(a) 
AVAILABILITY OF SPECIAL PAY.—^A member"; 
(2) by redesignating subsection (d) as subsection (e); and 
(3) by striking subsections (b) and (c) and inserting the 
following new subsections: 
"(b) RATES; MAXIMUM.—The Secretary concerned shall prescribe 
the monthly rates for special pay applicable to members of each 
armed force under the Secretary's jurisdiction. No monthly rate 
may exceed $750. 
"(c) PREMIUM.—^A member of a uniformed service entitled to 
career sea pay under this section who has served 36 consecutive 
months of sea duty is also entitled to a career sea pay premium 
for the thirty-seventh consecutive month and each subsequent 
consecutive month of sea duty served by such member. The monthly 
amount of the premium shall be prescribed by the Secretary con-
cerned, but may not exceed $350. 
"(d) REGULATIONS.—The Secretary concerned shall prescribe 
regulations for the administration of this section for the armed 
force or armed forces under the jurisdiction of the Secretary. The 
entitlements under this section shall be subject to the regulations.". 
(b) STYLISTIC AMENDMENT.—Subsection (e) of such section, as 
redesignated by subsectiofi (a)(2), is amended by 
inserting 
before "(1)" in paragraph (1) the following: "DEFINITION OF SEA 
DUTY.—". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2000, and shall apply with respect 
to months beginning on or after that date. 
SEC. 631. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT 
PAY. 
Section 307(a) of title 37, United States Code, is amended— 
(1) by striking "$275" and inserting "$600"; and 
(2) by striking the second sentence. 
SEC. 632. 
ENTITLEMENT 
OF 
MEMBERS 
OF 
THE 
NATIONAL 
GUARD 
AND 
OTHER RESERVES 
NOT ON ACTIVE 
DUTY 
TO RECEIVE 
SPECIAL 
DUTY 
ASSIGNMENT PAY. 
(a) AUTHORITY.—Section 307 of title 37, United States Code, 
is amended by adding at the end the following new subsection: 
"(d)(1) Under regulations prescribed by the Secretary concerned 
and to the extent provided for by appropriations, when an enlisted 
member of the National Guard or a reserve component of a uni-
formed service who is entitled to compensation under section 206 
of this title performs duty for which a member described in sub-
section (a) is entitled to special pay under such subsection, the 
member of the National Guard or reserve component is entitled 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-157 
to an increase in compensation equal to V30 of the monthly special 
duty assignment pay prescribed by the Secretary concerned for 
the performance of that same duty by members described in sub-
section (a). 
"(2) A member of the National Guard or a reserve component 
entitled to an increase in compensation under paragraph (1) is 
entitled to the increase— 
"(A) for each regular period of instruction, or period of 
appropriate duty, at which the member is engaged for at least 
two hours, including that performed on a Sunday or holiday; 
or 
"(B) for the performance of such other equivalent training, 
instruction, duty, or appropriate duties, as the Secretary may 
prescribe under section 206(a) of this title. 
"(3) This subsection does not apply to a member of the National 
Guard or a reserve component who is entitled to basic pay under 
section 204 of this title.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect October 1, 2000. 
SEC. 633. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF 
THE ARMED FORCES QUALIFIED IN A CRITICAL MILI-
TARY SKILL. 
(a) BONUS AUTHORIZED.—(1) Chapter 5 of title 37, United States 
Code, is amended by adding at the end the following new section: 
''§323. Special pay: retention incentives for members quali-
fied in a critical military skill 
"(a) RETENTION BONUS AUTHORIZED.—^An officer or enlisted 
member of the armed forces who is serving on active duty and 
is qualified in a designated critical military skill may be paid 
a retention bonus as provided in this section if— 
"(1) in the case of an officer, the member executes a written 
agreement to remain on active duty for at least 1 year; or 
"(2) in the case of an enlisted member, the member reenlists 
or voluntarily extends the member's enlistment for a period 
of at least 1 year. 
"(b) DESIGNATION OF CRITICAL SKILLS.—(1) A designated critical 
military skill referred to in subsection (a) is a military skill des-
ignated as critical by the Secretary of Defense, or by the Secretary 
of Transportation with respect to the Coast Guard when it is 
not operating as a service in the Navy. 
"(2) The Secretary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard when it is not operating 
as a service in the Navy, shall notify Congress, in advance, of 
each military skill to be designated by the Secretary as critical 
for purposes of this section. The notice shall be submitted at least 
90 days before any bonus with regard to that critical skill is offered 
under subsection (a) and shall include a discussion of the necessity 
for the bonus, the amount and method of payment of the bonus, 
and the retention results that the bonus is expected to achieve. 
"(c) PAYMENT METHODS.—^A bonus under this section may be 
paid in a single lump sum or in periodic installments. 
"(d) MAXIMUM BONUS AMOUNT.—A member may enter into 
an agreement under this section, or reenlist or voluntarily extend 
the member's enlistment, more than once to receive a bonus under 
114 STAT. 1654A-158 
PUBLIC LAW 106-398—APPENDIX 
this section. However, a member may not receive a total of more 
than $200,000 in payments under this section. 
"(e) CERTAIN MEMBERS INELIGIBLE.—A retention bonus may 
not be provided under subsection (a) to a member of the armed 
forces who— 
"(1) has completed more than 25 years of active duty; 
or 
"(2) will complete the member's twenty-fifth year of active 
duty before the end of the period of active duty for which 
the bonus is being offered. 
"(f) RELATIONSHIP TO OTHER INCENTIVES.—^A retention bonus 
paid under this section is in addition to any other pay and allow-
ances to which a member is entitled. 
"(g) REPAYMENT OF BONUS.—(1) If ati officer who has entered 
into a written agreement under subsection (a) fails to complete 
the total period of active duty specified in the agreement, or an 
enlisted member who voluntarily or because of misconduct does 
not complete the term of enlistment for which a bonus was paid 
under this section, the Secretary of Defense, and the Secretary 
of Transportation with respect to members of the Coast Guard 
when it is not operating as a service in the Navy, may require 
the member to repay the United States, on a pro rata basis and 
to the extent that the Secretary determines conditions and cir-
cumstances warrant, all sums paid under this section. 
"(2) An obligation to repay the United States imposed under 
paragraph (1) is for all purposes a debt owed to the United States. 
"(3) A discharge in bankruptcy under title 11 that is entered 
less than 5 years after the termination of a written agreement 
entered into under subsection (a) does not discharge the member 
from a debt arising under paragraph (2). 
"(h) ANNUAL REPORT.—Not later than February 15 of each 
year, the Secretary of Defense and the Secretary of Transportation 
shall submit to Congress a report— 
"(1) analyzing the effect, during the preceding fiscal year, 
of the provision of bonuses under this section on the retention 
of members qualified in the critical military skills for which 
the bonuses were offered; and 
"(2) describing the intentions of the Secretary regarding 
the continued use of the bonus authority during the current 
and next fiscal years. 
"(i) TERMINATION OF BoNtis AUTHORITY.—No bonus may be 
paid under this section with respect to any reenlistment, or vol-
untary extension of an enlistment, in the armed forces entered 
into after December 31, 2001, and no agreement under this section 
may be entered into after that date.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"323. Special pay: retention incentives for members qualified in a critical military 
skill.". 
(b) EFFECTIVE DATE.—Section 323 of title 10, United States 
Code, as added by subsection (a), shall take effect on October 
1,2000. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-159 
SEC. 634. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC 
HEALTH 
SERVICE 
CORPS TO SPECIAL 
PAYS AND 
BONUSES OF HEALTH PROFESSIONAL OFFICERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Section 303a of title 37, United States Code, 
is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(c) and (d); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
"(b)(1) Except as provided in paragraph (2) or as otherwise 
provided under a provision of this chapter, a commissioned officer 
in the Regular or Reserve Corps of the Public Health Service 
is entitled to special pay under a provision of this chapter in 
the same amounts, and under the same terms and conditions, 
as a commissioned officer of the armed forces is entitled to special 
pay under that provision. 
"(2) A commissioned medical officer in the Regular or Reserve 
Corps of the Public Health Service (other than an officer serving 
in the Indian Health Service) may not receive additional special 
pay under section 302(a)(4) of this title for any period during 
which the officer is providing obligated service under the following 
provisions of law: 
"(A) Section 338B of the Public Health Service Act (42 
U.S.C. 2541-1). 
"(B) Section 225(e) of the Public Health Service Act, as 
that section was in effect before October 1, 1977. 
"(C) Section 752 of the Public Health Service Act, as that 
section was in effect between October 1, 1977, and August 
13, 1981.". 
(b) REPEAL OF SUPERSEDED PROVISIONS.—Section 208(a) of the 
Public Health Service Act (42 U.S.C. 210(a)) is amended— 
(1) by striking paragraphs (2) and (3); and 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
"(2) For provisions relating to the receipt of special pay by 
commissioned officers of the Regular and Reserve Corps while on 
active duty, see section 303a(b) of title 37, United States Code.". 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 641. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEM-
BERS AND DEPENDENTS. 
(a) SUBSISTENCE EXPENSES.— Section 404a of title 37, United 
States Code, is amended— 
(1) by redesignating subsections (b) and (c) as subsections 
(d) and (e), respectively; and 
(2) by striking subsection (a) and inserting the following: 
"(a) PAYMENT OR REIMBURSEMENT OF SUBSISTENCE EXPENSES.— 
(1) Under regulations prescribed by the Secretaries concerned, a 
member of a uniformed service who is ordered to make a change 
of permanent station described in paragraph (2) shall be paid or 
reimbursed for subsistence expenses of the member and the mem-
ber's dependents for the period (subject to subsection (c)) for which 
114 STAT. 1654A-160 
PUBLIC LAW 106-398—APPENDIX 
the member and dependents occi^py temporary quarters incident 
to that change of permanent station. 
"(2) Paragraph (1) apphes to the following: 
"(A) A permanent change of station from any duty station 
to a duty station in the United States (other than Hawaii 
or Alaska). 
"(B) A permanent change of station from a duty station 
in the United States (other than Hawaii or Alaska) to a duty 
station outside the United States or in Hawaii or Alaska. 
"(C) In the case of an enlisted member who is reporting 
to the member's first permanent duty station, the change from 
the member's home of record or initial technical school to that 
first permanent duty station. 
"(b) PAYMENT IN ADVANCE.—The Secretary concerned may 
make any payment for subsistence expenses to a member under 
this section in advance of the member actually incurring the 
expenses. The amount of an advance payment made to a member 
shall be computed on the basis of the Secretary's determination 
of the average number of days that members and their dependents 
occupy temporary quarters under the circumstances applicable to 
the member and the member's dependents. 
"(c) MAXIMUM PAYMENT PERIOD.—(1) In the case of a change 
of permanent station described in subparagraph (A) or (C) of sub-
section (a)(2), the period for which subsistence expenses are to 
be paid or reimbursed under this section may not exceed 10 days. 
"(2) In the case of a change of permanent station described 
in subsection (a)(2)(B)— 
"(A) the period for which such expenses are to be paid 
or reimbursed under this section may not exceed five days; 
and 
"(B) such payment or reimbursement may be provided only 
for expenses incurred before leaving the United States (other 
than Hawaii or Alaska).". 
(b) PER DIEM.—Section 405 of such title is amended to read 
as follows: 
"§ 405. Travel and transportation allowances: per diem while 
on duty outside the United States or in Hawaii 
or Alaska 
"(a) PER DIEM AUTHORIZED.—^Without regard to the monetary 
limitation of this title, the Secretary concerned may pay a per 
diem to a member of the uniformed services who is on duty outside 
of the United States or in Hawaii or Alaska, whether or not the 
member is in a travel status. The Secretary may pay the per 
diem in advance of the accrual of the per diem. 
"(b) DETERMINATION OF PER DIEM.—In determining the per 
diem to be paid under this section, the Secretary concerned shall 
consider all elements of the cost of living to members of the uni-
formed services under the Secretary's jurisdiction and their depend-
ents, including the cost of quarters, subsistence, and other necessary 
incidental expenses. However, dependents may not be considered 
in determining the per diem allowance for a member in a travel 
status. 
"(c) TREATMENT OF HOUSING COST AND ALLOWANCE.—Housing 
cost and allowance may be disregarded in prescribing a station 
cost of living allowance under this section.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-161 
(c) STYLISTIC AMENDMENTS.—Section 404a of such title is fur-
ther amended— 
(1) in subsection (d), as redesignated by subsection (a), 
by striking "(d)" and inserting "(d) DAILY SUBSISTENCE RATES.— 
";and 
(2) in subsection (e), as redesignated by subsection 
(a), by striking "(e)" and inserting "(e) MAXIMUM DAILY PAY-
MENT.—". 
SEC. 642. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING 
BAGGAGE AND HOUSEHOLD EFFECTS. 
(a) PET QUARANTINE FEES.—Section 406(a)(1) of title 37, United 
States Code, is amended by adding at the end the following new 
sentence: "The Secretary concerned may also reimburse the member 
for mandatory pet quarantine fees for household pets, but not 
to exceed $275 per change of station, when the member incurs 
the fees incident to such change of station.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect October 1, 2000. 
SEC. 643. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD 
GOODS IN LESS THAN AVERAGE WEIGHTS. 
Section 406(b)(1) of title 37, United States Code, is amended 
by adding at the end the following new subparagraph: 
"(G) Under regulations prescribed by the Secretary of Defense, 
the Secretary concerned may pay a member a share (determined 
pursuant to such regulations) of the savings resulting to the United 
States when the total weights of the member's baggage and house-
hold effects shipped and stored under subparagraph (A) are less 
than the average weights of the baggage and household effects 
that are shipped and stored, respectively, by other members in 
the same grade and with the same dependents status as the member 
in connection with changes of station that are comparable to the 
member's change of station. The total savings shall be equal to 
the difference between the cost of shipping and cost of storing 
such average weights of baggage and household effects, respectively, 
and the corresponding costs associated with the weights of the 
member's baggage and household effects. For the administration 
of this subparagraph, the Secretary of Defense shall annually deter-
mine the average weights of baggage and household effects shipped 
and stored in connection with a change of temporary or permanent 
station.". 
SEC. 644. EQUITABLE 
DISLOCATION ALLOWANCES FOR JUNIOR 
ENLISTED MEMBERS. 
Section 407(c)(1) of title 37, United States Code, is amended 
by inserting before the period at the end the following: ", except 
that the Secretary concerned may not differentiate between mem-
bers with dependents in pay grades E-1 through E-5". 
SEC. 645. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR 
ROTC CADRE, AND MILITARY ENTRANCE PROCESSING 
PERSONNEL FOR CERTAIN PARKING EXPENSES. 
(a) REIMBURSEMENT AUTHORITY.—Chapter 7 of title 37, United 
States Code, is amended by inserting after section 411h the follow-
ing new section: 
114 STAT. 1654A-162 
PUBLIC LAW 106-398—APPENDIX 
^'§411i. Travel 
and 
transportation 
allowances: 
parking 
expenses 
"(a) 
REIMBURSEMENT 
AUTHORITY.—Under regulations pre-
scribed by the Secretary of Defense, the Secretary of a mihtary 
department may reimburse eligible Department of Defense person-
nel for expenses incurred after October 1, 2001, for parking a 
privately owned vehicle at a place of duty described in subsection 
(b). 
"(b) ELIGIBILITY.—^A member of the Army, Navy, Air Force, 
or Marine Corps or an employee of the Department of Defense 
may be reimbursed under subsection (a) for parking expenses 
while— 
"(1) assigned to duty as a recruiter for any of the armed 
forces; 
"(2) assigned to duty at a military entrance processing 
facility of the armed forces; or 
"(3) detailed for instructional and administrative duties 
at any institution where a unit of the Senior Reserve Officers' 
Training Corps is maintained.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 411h the following new item: 
"411i. Travel and transportation allowances: parking expenses.". 
SEC. 
646. 
EXPANSION OF FUNDED STUDENT 
TRAVEL 
FOR 
DEPEND-
ENTS. 
Section 430 of title 37, United States Code, is amended— 
(1) in subsections (a)(3) and (b)(1), by striking "for the 
purpose of obtaining a secondary or undergraduate college edu-
cation" and inserting "for the purpose of obtaining a formal 
education"; and 
(2) in subsection (f)— 
(A) by striking "In this section, the term" and inserting 
the following: 
"In this section: 
"(1) The term"; and 
(B) by adding at the end the following new subpara-
graph: 
"(2) The term 'formal education' means the following: 
"(A) A secondary education. 
"(B) An undergraduate college education. 
"(C) A graduate education pursued on a full-time basis 
at an institution of higher education (as defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). 
"(D) Vocational education pursued on a full-time basis 
at a post-secondary vocational institution (as defined in 
section 102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c))).". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-163 
Subtitle D—Retirement and Survivor 
Benefit Matters 
SEC. 651. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION 
FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY 
REDUCTION IN GRADE. 
Section 1407 of title 10, United States Code, is amended— 
(1) in subsection (b), by striking "The retired pay base" 
and inserting "Except as provided in subsection (f), the retired 
pay base"; and 
(2) by adding at the end the following new subsection: 
"(f) 
EXCEPTION FOR ENLISTED MEMBERS REDUCED IN GRADE 
AND OFFICERS WHO DO NOT SERVE SATISFACTORILY IN HIGHEST 
GRADE HELD.— 
"(1) 
COMPUTATION BASED ON PRE-HIGH-THREE RULES.—In 
the case of a member or former member described in paragraph 
(2), the retired pay base or retainer pay base is determined 
under section 1406 of this title in the same manner as if 
the member or former member first became a member of a 
uniformed service before September 8, 1980. 
"(2) AFFECTED MEMBERS.—^A member or former member 
referred to in paragraph (1) is a member or former member 
who by reason of conduct occurring after the date of the enact-
ment of this subsection— 
"(A) in the case of a member retired in an enlisted 
grade or transferred to the Fleet Reserve or Fleet Marine 
Corps Reserve, was at any time reduced in grade as the 
result of a court-martial sentence, nonjudicial punishment, 
or an administrative action, unless the member was subse-
quently promoted to a higher enlisted grade or appointed 
to a commissioned or warrant grade; and 
"(B) in the case of an officer, is retired in a grade 
lower than the highest grade in which served by reason 
of denial of a determination or certification under section 
1370 of this title that the officer served on active duty 
satisfactorily in that grade. 
"(3) SPECIAL RULE FOR ENLISTED MEMBERS.—In the case 
of a member who retires within three years after having been 
reduced in grade as described in paragraph (2)(A), who retires 
in an enlisted grade that is lower than the grade from which 
reduced, and who would be subject to paragraph (1) but for 
a subsequent promotion to a higher enlisted grade or a subse-
quent appointment to a warrant or commissioned grade, the 
rates of basic pay used in the computation of the member's 
high-36 average for the period of the member's service in a 
grade higher than the grade in which retired shall be the 
rates of pay that would apply if the member had been serving 
for that period in the grade in which retired.". 
SEC. 652. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT 
POINTS THAT MAY BE CREDITED IN ANY YEAR. 
Section 12733(3) of title 10, United States Code, is amended 
by striking "but not more than" and all that follows and inserting 
"but not more than— 
"(A) 60 days in any one year of service before the 
year of service that includes September 23, 1996; 
114 STAT. 1654A-164 
PUBLIC LAW 106-398—APPENDIX 
"(B) 75 days in the year of service that includes 
September 23, 1996, and in any subsequent year of service 
before the year of service that includes the date of the 
enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001; and 
"(C) 90 days in the year of service that includes the 
date of the enactment of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001 and in 
any subsequent year of service.". 
SEC. 653. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER REGU-
LAR RETIREMENT. 
(a) CONVERSION TO RESERVE RETIREMENT.—(1) Chapter 1223 
of title 10, United States Code, is amended by adding at the end 
the following new section: 
"§ 12741. Retirement from active reserve service performed 
after regular retirement 
"(a) ELECTION OF RESERVE RETIRED PAY.—^A person who, after 
becoming entitled to retired or retainer pay under chapter 65, 
367, 571, or 867 of this title, serves in an active status in a 
reserve component is entitled to retired pay under this chapter 
if— 
"(1) the person would, but for paragraphs (3) and (4) of 
section 12731(a) of this title, otherwise be entitled to retired 
pay under this chapter; 
"(2) the person elects under this section to received retired 
pay under this chapter; and 
"(3) the person's service in an active status after having 
become entitled to retired or retainer pay under that chapter 
is determined by the Secretary concerned to have been satisfac-
tory. 
"(b) ACTIONS TO EFFECTUATE ELECTION.—^As of the effective 
date of an election made by a person under subsection (a), the 
Secretary concerned shall— 
"(1) terminate the person's entitlement to retired or 
retainer pay under the applicable chapter of this title referred 
to in subsection (a); and 
"(2) in the case of a reserve commissioned officer, transfer 
the officer to the Retired Reserve. 
"(c) TIME AND FORM OF ELECTION.—^An election under sub-
section (b) shall be made within such time and in such form as 
the Secretary concerned requires. 
"(d) EFFECTIVE DATE OF ELECTION.—^An election made by a 
person under subsection (b) shall be effective— 
"(1) except as provided in paragraph (2)(B), as of the date 
on which the person attains 60 years of age, if the Secretary 
concerned receives the election in accordance with this section 
within 180 days after that date; or 
"(2) on the first day of the first month that begins after 
the date on which the Secretary concerned receives the election 
in accordance with this section, if— 
"(A) the date of the receipt of the election is more 
than 180 days after the date on which the person attains 
60 years of age; or 
"(B) the person retires from service in an active status 
within that 180-day period.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-165 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"12741. Retirement from active reserve service performed after regular retirement.". 
(b) EFFECTIVE DATE.—Section 12741 of title 10, United States 
Code, as added by subsection (a), shall take effect 180 days after 
the date of the enactment of this Act and shall apply with respect 
to retired pay payable for months beginning on or after that effective 
date. 
SEC. 654. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER 
FEDERAL OFFICLVLS REGARDING PAYMENT OF MILI-
TARY RETIRED PAY. 
(a) ARTICLE III JUDGES.—(1) Section 371 of title 28, United 
States Code, is amended— 
(A) by striking subsection (e); and 
(B) by redesignating subsection (f) as subsection (e). 
(2) Subsection (b) of such section is amended by striking "sub-
section (f)" each place it appears and inserting "subsection (e)". 
(b) JUDGES OF UNITED STATES COURT OF FEDERAL CLAIMS.— 
(1) Section 180 of title 28, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 7 of 
such title is amended by striking the item relating to section 180. 
(c) RETROACTIVE EFFECTIVE DATE.—The amendments made by 
this section shall take effect as of October 1, 1999. 
SEC. 655. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL 
CONSENT REQUIREMENT. 
(a) ELIGIBLE PARTICIPANTS.—Subsection (a)(2)(B) of section 
1448 of title 10, United States Code, is amended to read as follows: 
"(B) 
RESERVE-COMPONENT ANNUITY PARTICIPANTS.—^A 
person who (i) is eligible to participate in the Plan under 
paragraph (1)(B), and (ii) is married or has a dependent 
child when he is notified under section 12731(d) of this 
title that he has completed the years of service required 
for eligibility for reserve-component retired pay, unless the 
person elects (with his spouse's concurrence, if required 
under paragraph (3)) not to participate in the Plan before 
the end of the 90-day period beginning on the date on 
which he receives that notification.". 
(b) 
SUBSEQUENT 
ELECTION 
TO 
PARTICIPATE.—Subsection 
(a)(3)(B) of such section is amended— 
(1) by striking "who elects to provide" and inserting "who 
is eligible to provide"; 
(2) by redesignating clauses (i) and (ii) as clauses (iii) 
and (iv), respectively; and 
(3) by inserting before clause (iii) (as so redesignated) the 
following new clauses: 
"(i) not to participate in the Plan; 
"(ii) to designate under subsection (e)(2) the effec-
tive date for commencement of annuity payments 
under the Plan in the event that the member dies 
before becoming 60 years of age to be the 60th anniver-
sary of the member's birth (rather than the day after 
the date of the member's death);". 
(c) CONFORMING AMENDMENTS.—Subchapter II of chapter 73 
of such title is further amended— 
114 STAT. 1654A-166 
PUBLIC LAW 106-398—APPENDIX 
(1) in section 1448(a)(2), by striking "described in clauses 
(i) and (ii)" in the sentence following subparagraph (B) (as 
amended by subsection (a)) and all that follows through "that 
clause" and inserting "who elects under subparagraph (B) not 
to participate in the Plan"; 
(2) in section 1448(a)(4)— 
(A) by striking "not to participate in the Plan" in 
subparagraph (A); and 
(B) by striking "to participate in the Plan" in subpara-
graph (B); 
(3) in section 1448(e), by striking "a person electing to 
participate" and all that follows through "making such election" 
and inserting "a person is required to make a designation 
under this subsection, the person"; and 
(4) in section 1450(j)(l), by striking "An annuity" and all 
that follows through the period and inserting "A reserve-compo-
nent annuity shall be effective in accordance with the designa-
tion made under section 1448(e) of this title by the person 
providing the annuity.". 
(d) EFFECTIVE DATE.—The amendments made by this section 
apply only with respect to a notification under section 12731(d) 
of title 10, United States Code, made after January 1, 2001, that 
a member of a reserve component has completed the years of 
service required for eligibility for reserve-component retired pay. 
SEC. 656. SENSE OF CONGRESS ON INCREASING SURVIVOR BENEFIT 
PLAN ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR 
OLDER. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
subject to the requirements and limitations of congressional budget 
procedures relating to the enactment of new (or increased) entitle-
ment authority, there should be enacted legislation that increases 
the annuities provided under the Survivor Benefit Plan program 
for surviving spouses Who are 62 years of age or older in order 
to reduce (and eventually eliminate) the different levels of annuities 
under that program for surviving spouses who are under age 62 
and those who are 62 y;ears of age and older. 
(b) SuRViYOR BENEFIT PLAN.—For purposes of this section, 
the term "Survivor Benefit Plan program" means the program of 
annuities for survivoi^s of members of the uniformed services pro-
vided under subchapter II of chapter 73 of title 10, United States 
Code. 
SEC. 
657. REVISION TO SPECIAL COMPENSATION AUTHORITY TO 
REPEAL EXCLUSION OF UNIFORMED SERVICES RETIR-
EES IN RECEIPT OF DISABILITY RETIRED PAY. 
(a) ELIGIBILITY FOR CHAPTER 61 RETIREES.—Section 1413(c) 
of title 10, United States Code, is a,mended by striking "(other 
than a member who is retired under chapter 61 of this title)". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2001, and shall apply to months 
that begin on or after that date. No benefit may be paid under 
section 1413 of title 10, United States Code, to any person by 
reason of the amendment made by subsection (a) for any period 
before that date. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-167 
Subtitle E—Other Matters 
SEC. 661. PARTICIPATION IN THRIFT SAVINGS PLAN. 
(a) EFFECTIVE DATE OF AUTHORITY TO PARTICIPATE.—Section 
663 of the National Defense Authorization Act for Fiscal Year 
2000 (PubHc Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) is 
amended to read as follows: 
"SEC. 663. EFFECTIVE DATE. 
"(a) IN GENERAL.—Except as provided in subsection (b), the 
amendments made by this subtitle shall take effect 180 days after 
the date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001. 
"(b) POSTPONEMENT AUTHORITY.—(1) The Secretary of Defense 
may postpone by up to 180 days after the date that would otherwise 
apply under subsection (a)— 
"(A) the date as of which the amendments made by this 
subtitle shall take effect; or 
"(B) the date as of which section 211(a)(2) of title 37, 
United States Code (as added by this subtitle) shall take effect. 
"(2) Postponement authority under this subsection may be exer-
cised only to the extent that the failure to do so would prevent 
the Federal Retirement Thrift Investment Board from being able 
to provide timely and accurate services to investors or would place 
an excessive burden on the administrative capacity of the Board 
to accommodate participants in the Thrift Savings Plan, as deter-
mined by the Secretary of Defense after consultation with the 
Executive Director (appointed by the Board). 
"(3) Paragraph (1) includes the authority to postpone the effec-
tive date of the amendments made by this subtitle (apart from 
section 211(a)(2) of title 37, United States Code), and the effective 
date of such section 211(a)(2), by different lengths of time. 
"(4) The Secretary shall notify the congressional defense 
committees, the Committee on Government Reform of the House 
of Representatives, and the Committee on Governmental Affairs 
of the Senate of any determination made under this subsection.". 
(b) REGULATIONS.—Section 661(b) of such Act (113 Stat. 672; 
5 U.S.C. 8440e note) is amended by striking "the date on which" 
and all that follows through "later," and inserting "the 180th day 
after the date of the enactment of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001,". 
(c) CONFORMING AMENDMENT.—Section 8440e(b)(2)(B)(i) of title 
5, United States Code, is amended by striking "as of" and all 
that follows through "thereof)" and inserting "as of the effective 
date that applies with respect to such individual under section 
663 of the National Defense Authorization Act for Fiscal Year 
2000". 
SEC. 662. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL 
SUPPLEMENTAL FOOD PROGRAM. 
Section 1060a(c)(l)(B) of title 10, United States Code, is amend-
ed by striking the second sentence and inserting the following 
new sentence: "In the application of such criterion, the Secretary 
shall exclude from income any basic allowance for housing as per-
mitted under section 17(d)(2)(B) of the Child Nutrition Act of 1966 
(42 U.S.C. 1786(d)(2)(B)).". 
114 STAT. 1654A-168 
PUBLIC LAW 106-398—APPENDIX 
SEC. 663. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING 
FOR INACTIVE-DUTY TRAINING. 
(a) IN GENERAL.—(1) Chapter 1217 of title 10, United States 
Code, is amended by inserting after section 12603 the following 
new section: 
"§ 12604. Billeting in Department 
of Defense 
facilities: 
Reserves attending inactive-duty training 
"(a) AUTHORITY FOR BILLETING ON SAME BASIS AS ACTIVE DUTY 
MEMBERS TRAVELING UNDER ORDERS.—The Secretary of Defense 
shall prescribe regulations authorizing a Reserve traveling to inac-
tive-duty training at a location more than 50 miles from that 
Reserve's residence to be eligible for billeting in Department of 
Defense facilities on the same basis and to the same extent as 
a member of the armed forces on active duty who is traveling 
under orders away from the member's permanent duty station. 
"(b) PROOF OF REASON FOR TRAVEL.—The Secretary shall 
include in the regulations the means for confirming a Reserve's 
eligibility for billeting under subsection (a).". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 12603 
the following new item: 
"12604. Billeting in Department of Defense facilities: Reserves attending inactive-
duty training.". 
(b) EFFECTIVE DATE.—Section 12604 of title 10, United States 
Code, as added by subsection (a), shall apply with respect to periods 
of inactive-duty training beginning more than 180 days after the 
date of the enactment of this Act. 
SEC. 664. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED 
ACCRUED LEAVE AND FOR RETIRED PAY. 
(a) CLAIMS FOR PAYMENTS FOR UNUSED ACCRUED LEAVE.— 
Subsection (a)(1)(A) of section 3702 of title 31, United States Code, 
is amended by inserting "payments for unused accrued leave," after 
"transportation,". 
(b) WAIVER OF TIME LIMITATIONS.—Subsection (e)(1) of such 
section is amended by striking "claim for pay or allowances provided 
under title 37" and inserting "claim for pay, allowances, or payment 
for unused accrued leave under title 37 or a claim for retired 
pay under title 10". 
SEC. 665. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL 
INCURRING INJURY, ILLNESS, OR DISEASE IN THE 
PERFORMANCE OF FUNERAL HONORS DUTY. 
(a) INCAPACITATION PAY.—Section 204 of title 37, United States 
Code, is amended— 
(1) in subsection (g)(1)— 
(A) by striking "or" at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) and inserting "; or"; and 
(C) by adding at the end the following: 
"(E) in line of duty while— 
"(i) serving on funeral honors duty under section 12503 
of title 10 or section 115 of title 32; 
"(ii) traveling to or from the place at which the duty 
was to be performed; or 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-169 
"(iii) remaining overnight at or in the vicinity of that 
place immediately before so serving, if the place is outside 
reasonable commuting distance from the member's resi-
dence."; and 
(2) in subsection (h)(1)— 
(A) by striking "or" at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) and inserting "; or"; and 
(C) by adding at the end the following: 
"(E) in line of duty while— 
"(i) serving on funeral honors duty under section 12503 
of title 10 or section 115 of title 32; 
"(ii) traveling to or from the place at which the duty 
was to be performed; or 
"(iii) remaining overnight at or in the vicinity of that 
place immediately before so serving, if the place is outside 
reasonable commuting distance from the member's resi-
dence.". 
(b) TORT CLAIMS.—Section 2671 of title 28, United States Code, 
is amended by inserting "115," in the second paragraph after "mem-
bers of the National Guard while engaged in training or duty 
under section". 
(c) APPLICABILITY.—(1) The amendments made by subsection 
(a) shall apply with respect to months beginning on or after the 
date of the enactment of this Act. 
(2) The amendment made by subsection (b) shall apply with 
respect to acts and omissions occurring before, on, or after the 
date of the enactment of this Act. 
SEC. 666. AUTHORITY FOR EXTENSION OF DEADLINE FOR FILING 
CLAIMS ASSOCIATED WITH CAPTURE AND INTERNMENT 
OF CERTAIN PERSONS BY NORTH VIETNAM. 
Section 657(d)(1) of the National Defense Authorization Act 
for Fiscal Year 1997 (Public Law 104^-201; 110 Stat. 2585) is amend-
ed by adding at the end the following new sentence: "The Secretary 
may, in the case of any claim under this section, extend the time 
limitation under the preceding sentence by up to 18 months if 
the Secretary determines that such an extension in the case of 
that claim is necessary to prevent an injustice or that failure 
of the claimant to file the claim within that time limitation is 
due to excusable neglect.". 
SEC. 667. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS 
SELECTED FOR PROMOTION WHILE INTERNED AS PRIS-
ONERS OF WAR DURING WORLD WAR II. 
(a) ENTITLEMENT OF FORMER PRISONERS OF WAR.—Upon receipt 
of a claim made in accordance with this section, the Secretary 
of the Navy shall pay, from any appropriation currently available 
to the Secretary, back pay to any person who, by reason of being 
interned as a prisoner of war while serving as a member of the 
Navy or the Marine Corps during World War II, was not available 
to accept a promotion for which the person had been selected. 
(b) PAYMENT TO SURVIVING SPOUSE OF DECEASED FORMER MEM-
BER.—In the case of a person described in subsection (a) who 
is deceased, the back pay for that person under this section shall 
be paid to the living surviving spouse of that person, if any. If 
there is no living surviving spouse, no claim may be paid under 
this section with respect to that person. 
114 STAT. 1654A-170 
PUBLIC LAW 106-398—APPENDIX 
(c) AMOUNT OF BACK PAY.—(1) The amount of back pay payable 
to or for a person described in subsection (a) is the amount equal 
to the difference between— 
(A) the total amount of basic pay that would have been 
paid to that person for service in the Navy or the Marine 
Corps for the back-pay computation period if the person had 
been promoted to the grade to which selected to be promoted; 
and 
(B) the total amount of basic pay that was actually paid 
to or for that person for such service for the back-pay computa-
tion period. 
(2) For purposes of paragraph (1), the back-pay computation 
period for a person covered by subsection (a) is the period— 
(A) beginning on the date (as determined by the Secretary 
of the Navy) as of when that person's promotion would have 
been effective for pay purposes but for the person's internment 
as a prisoner of war; and 
(B) ending on the earliest of— 
(i) the date of the person's discharge or release from 
active duty; 
(ii) the date on which the person's promotion to that 
grade in fact became effective for pay purposes; and 
(iii) the end of World War II. 
(d) TIME LIMITATIONS.—(1) To be eligible for a payment under 
this section, a claimant must file a claim for such payment with 
the Secretary of the Navy within two years after the effective 
date of the regulations prescribed to carry out this section. 
(2) Not later than 18 months after receiving a claim for payment 
under this section, the Secretary shall determine the eligibility 
of the claimant for pajonent of the claim. Subject to subsection 
(f), if the Secretary determines that the claimant is eligible for 
the payment, the Secretary shall promptly pay the claim. 
(e) REGULATIONS.—Not later than six months after the date 
of the enactment of this Act, the Secretary of the Navy shall 
prescribe regulations to carry out this section. Such regulations 
shall include procedures by which persons may submit claims for 
payment under this section. 
(f) LIMITATION ON DISBURSEMENT.—(1) Notwithstanding any 
power of attorney, assignment of interest, contract, or other agree-
ment, the actual disbursement of a payment of back pay under 
this section may be made only to a person who is eligible for 
the payment under subsection (a) or (b). 
(2) In the case of a claim approved for payment but not dis-
bursed as a result of paragraph (1), the Secretary shall hold the 
funds in trust for the person in an interest bearing account until 
such time as the person makes an election under such paragraph. 
(g) ATTORNEY FEES.—Notwithstanding any contract, the rep-
resentative of a person may not receive, for services rendered in 
connection with the claim of, or with respect to, a person under 
this section, more than 10 percent of the amount of a payment 
made under this section on that claim. 
(h) OUTREACH.—The Secretary of the Navy shall take such 
actions as are necessary to ensure that the benefits and eligibility 
for benefits under this section are widely publicized by means 
designed to provide actual notice of the availability of the benefits 
in a timely manner to the maximum number of eligible persons 
practicable. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-171 
(i) DEFINITION.—In this section, the term "World War 11" has 
the meaning given that term in section 101(8) of title 38, United 
States Code. 
SEC. 668. SENSE OF CONGRESS CONCERNING FUNDING FOR RESERVE 
COMPONENTS. 
It is the sense of Congress that it is in the national interest 
for the President, in the President's Budget for each fiscal year, 
to provide funds for the reserve components of the Armed Forces 
at a level sufficient to ensure that the reserve components are 
able to meet the requirements, including training requirements, 
specified for them in the National Military Strategy. 
TITLE VII—HEALTH CARE PROVISIONS 
SUBTITLE A—HEALTH CARE SERVICES 
Sec. 701. Provision of domiciliary and custodial care for CHAMPUS beneficiaries 
and certain former CHAMPUS beneficiaries. 
Sec. 702. Chiropractic health care for members on active duty. 
Sec. 703. School-required physical examinations for certain minor dependents. 
Sec. 704. Two-year extension of dental and medical benefits for surviving depend-
ents of certain deceased members. 
Sec. 705. Two-year extension of authority for use of contract physicians at military 
entrance processing stations and elsewhere outside medical treatment 
facilities. 
Sec. 706. Medical and dental care for Medal of Honor recipients. 
SUBTITLE B—SENIOR HEALTH CARE 
Sec. 711. Implementation of TRICARE senior pharmacy program. 
Sec. 712. Conditions for eUgibility for CHAMPUS and TRICARE upon the attain-
ment of age 65; expansion and modification of medicare subvention 
project. 
Sec. 713. Accrual funding for health care for medicare-eligible retirees and depend-
ents. 
SUBTITLE C—TRICARE PROGRAM 
Sec. 721. Improvement of access to health care under the TRICARE program. 
Sec. 722. Additional beneficiaries under TRICARE Prime Remote program in the 
continental United States. 
Sec. 723. Modernization of TRICARE business practices and increase of use of mili-
tary treatment facilities. 
Sec. 724. Extension of TRICARE managed care support contracts. 
Sec. 725. Report on protections against health care providers seeking direct reim-
bursement from members of the uniformed services. 
Sec. 726. Voluntary termination of enrollment in TRICARE retiree dental program. 
Sec. 727. Claims processing improvements. 
Sec. 728. Prior authorizations for certain referrals and nonavailability-of-health-
care statements. 
SUBTITLE D—DEMONSTRATION PROJECTS 
Sec. 731. Demonstration project for expanded access to mental health counselors. 
Sec. 732. Teleradiology demonstration project. 
Sec. 733. Health care management demonstration program. 
SUBTITLE E—JOINT INITIATIVES WITH DEPARTMENT OF VETERANS AFFAIRS 
Sec. 741. VA-DOD sharing agreements for health services. 
Sec. 742. Processes for patient safety in mihtary and veterans health care systems. 
Sec. 743. Cooperation in developing pharmaceutical identification technology. 
SUBTITLE F—OTHER MATTERS 
Sec. 751. Management of anthrax vaccine immunization program. 
Sec. 752. Elimination of copayments for immediate family. 
Sec. 753. Medical informatics. 
Sec. 754. Patient care reporting and management system. 
Sec. 755. Augmentation of Army Medical Department by detailing Reserve officers 
of the Public Health Service. 
114 STAT. 1654A-172 
PUBLIC LAW 106-398—APPENDIX 
Sec. 756. Privacj^ of Department of Defense medical records. 
Sec. 757. Authority to establish special locality-based reimbursement rates; reports. 
Sec. 758. Reimbursement for certain travel expenses. 
Sec. 759. Reduction of cap on payments. 
Sec. 760. Training in health care management and administration. 
Sec. 761. Studies on feasibility of sharing biomedical research facility. 
Sec. 762. Study on comparability of coverage for physical, speech, and occupational 
therapies. 
Subtitle A—Health Care Services 
SEC. 701. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR 
CHAMPUS 
BENEFICIARIES 
AND 
CERTAIN 
FORMER 
CHAMPUS BENEFICIARIES. 
(a) CONTINUATION OF CARE FOR CERTAIN CHAMPUS BENE-
FICIARIES.—Section 703(a)(1) of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 682; 10 
U.S.C. 1077 note) is amended by inserting before the period at 
the end the following: "or by the prohibition in section 1086(d)(1) 
of such title". 
(b) REIMBURSEMENT FOR SERVICES PROVIDED.—Section 703(a) 
of such Act is further amended by adding at the end the following 
new paragraph: 
"(4) The Secretary may provide payment for domiciliary or 
custodial care services provided to an eligible beneficiary for which 
payment was discontinued by reason of section 1086(d) of title 
10, United States Code, and subsequently reestablished under other 
legal authority. Such pa3nnent is authorized for the period beginning 
on the date of discontinuation of payment for domiciliary or custo-
dial care services and ending on the date of reestablishment of 
payment for such services.". 
(c) COST LIMITATION FOR INDIVIDUAL CASE MANAGEMENT PRO-
GRAM.—(1) Section 1079(a)(17) of title 10, United States Code, is 
amended— 
(A) by inserting "(A)" after "(17)"; and 
(B) by adding at the end the following: 
"(B) The total amount expended under subparagraph (A) 
for a fiscal year may not exceed $100,000,000.". 
(2) Section 703 of the National Defense Authorization Act for 
Fiscal Year 2000 is further amended by adding at the end the 
following: 
"(e) COST LIMITATION.—The total amount paid for services for 
eligible beneficiaries under subsection (a) for a fiscal year (together 
with the costs of administering the authority under that subsection) 
shall 
be 
included 
in 
the 
expenditures 
limited 
by 
section 
1079(a)(17)(B) of title 10, United States Code.". 
(3) The amendments made by paragraphs (1) and (2) shall 
apply to fiscal years after fiscal year 1999. 
(d) STUDY REQUIRED.—(1) Not later than the date that is three 
months after the date of the enactment of this Act, the Comptroller 
General of the United States shall undertake a study to evaluate 
the coordination and effectiveness of the supplemental disability 
health care programs of the Department of Defense, the Program 
for Persons with Disabilities and the Individual Case Management 
Program for Persons with Disabilities, as such programs relate 
to other elements of the TRICARE program in meeting the health 
care needs of disabled dependents of members of the Armed Forces 
on active duty. The Comptroller General shall examine— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-173 
(A) the number of such dependents who receive services 
under the Program for Persons with DisabiUties, and the num-
ber of beneficiaries receiving care under the Individual Case 
Management Program for Persons with DisabiUties, and a 
description of the patterns of use and expenditures for services 
provided under such programs; 
(B) the effectiveness of the existing system for coordinating 
the provision of services under the TRICARE program and 
the supplemental disability programs of the Department of 
Defense, including the comprehensiveness of services and the 
cost effectiveness of providing services; 
(C) the extent to which the monthly maximum benefit 
imposed under current law under the Program for Persons 
with Disabilities affects the ability of beneficiaries to obtain 
needed health care services; 
(D) the number of beneficiaries who are receiving services 
that supplement services to the TRICARE program under the 
Program for Persons with Disabilities and the Individual Case 
Management Program for Persons with Disabilities; and 
(E) the extent to which costs or lack of coverage for health 
care services for disabled dependents of members of the Armed 
Forces on active duty under existing military health care pro-
grams has caused increased enrollment of such dependents 
in medicaid programs. 
(2) Not later than April 16, 2001, the Comptroller General 
shall submit to Congress a report on the results of the study 
under this section, including recommendations for legislative or 
administrative changes for providing a comprehensive, efficient, 
and complete system of health care services for disabled dependents 
of members of the Armed Forces on active duty. 
SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE 
DUTY. 
(a) PLAN REQUIRED.—(1) Not later than March 31, 2001, the 
Secretary of Defense shall complete development of a plan to provide 
chiropractic health care services and benefits, as a permanent part 
of the Defense Health Program (including the TRICARE program), 
for all members of the uniformed services who are entitled to 
care under section 1074(a) of title 10, United States Code. 
(2) The plan shall provide for the following: 
(A) Access, at designated military medical treatment facili-
ties, to the scope of chiropractic services as determined by 
the Secretary, which includes, at a minimum, care for neuro-
musculoskeletal conditions typical among military personnel 
on active duty. 
(B) A detailed analysis of the projected costs of fully 
integrating chiropractic health care services into the military 
health care system. 
(C) An examination of the proposed military medical treat-
ment facilities at which such services would be provided. 
(D) An examination of the military readiness requirements 
for chiropractors who would provide such services. 
(E) An examination of any other relevant factors that the 
Secretary considers appropriate. 
(F) Phased-in implementation of the plan over a 5-year 
period, beginning on October 1, 2001. 
114 STAT. 1654A-174 
PUBLIC LAW 106-398—APPENDIX 
(b) CONSULTATION REQUIREMENTS.—The Secretary of Defense 
shall consult with the other administering Secretaries described 
in section 1073 of title 10, United States Code, and the oversight 
advisory committee established under section 731 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-
337; 10 U.S.C. 1092 note) regarding the following: 
(1) The development and implementation of the plan 
required under subsection (a). 
(2) Each report that the Secretary is required to submit 
to Congress regarding the plan. 
(3) The selection of the military medical treatment facilities 
at which the chiropractic services described in subsection 
(a)(2)(A) are to be provided. 
(c) CONTINUATION OF CURRENT SERVICES.—^Until the plan 
required under subsection (a) is implemented, the Secretary shall 
continue to furnish the same level of chiropractic health care serv-
ices and benefits under the Defense Health Program that is provided 
during fiscal year 2000 at military medical treatment facilities 
that provide such services and benefits. 
(d) REPORT REQUIRED.—Not later than January 31, 2001, the 
Secretary of Defense shall submit a report on the plan required 
under subsection (a), together with appropriate appendices and 
attachments, to the Committees on Armed Services of the Senate 
and the House of Representatives. 
(e) GAO REPORTS.—The Comptroller General shall monitor the 
development and implementation of the plan required under sub-
section (a), including the administration of services and benefits 
under the plan, and periodically submit to the committees referred 
to in subsection (d) written reports on such development and 
implementation. 
SEC. 703. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN 
MINOR DEPENDENTS. 
Section 1076 of title 10, United States Code, is amended by 
adding at the end the following: 
"(f)(1) The administering Secretaries shall furnish an eligible 
dependent a physical examination that is required by a school 
in connection with the enrollment of the dependent as a student 
in that school. 
"(2) A dependent is eligible for a physical examination under 
paragraph (1) if the dependent— 
"(A) is entitled to receive medical care under subsection 
(a) or is authorized to receive medical care under subsection 
(b); and 
"(B) is at least 5 years of age and less than 12 years 
of age. 
"(3) Nothing in paragraph (2) may be construed to prohibit 
the furnishing of a school-required physical examination to any 
dependent who, except for not satisfying the age requirement under 
that paragraph, would othei-wise be eligible for a physical examina-
tion required to be furnished under this subsection.". 
SEC. 704. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS 
FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED 
MEMBERS. 
(a) DENTAL BENEFITS.—Section 1076a(k)(2) of title 10, United 
States Code, is amended by striking "one-year period" and inserting 
"three-year period". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-175 
(b) MEDICAL BENEFITS.—Section 1079(g) of title 10, United 
States Code, is amended by striking "one-year period" in the second 
sentence and inserting "three-year period". 
SEC. 705. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CON-
TRACT PHYSICIANS AT MILITARY ENTRANCE PROCESS-
ING 
STATIONS AND ELSEWHERE OUTSIDE MEDICAL 
TREATMENT FACILITIES. 
Section 1091(a)(2) of title 10, United States Code, is amended 
by striking "December 31, 2000" in the second sentence and insert-
ing "December 31, 2002". 
SEC. 706. 
MEDICAL 
AND 
DENTAL 
CARE 
FOR 
MEDAL 
OF 
HONOR 
RECIPI-
ENTS. 
(a) IN GENERAL.—(1) Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1074g the following 
new section: 
*
*
§ 1074h. Medical and dental care: medal of honor recipients; 
dependents 
"(a) MEDAL OF HONOR RECIPIENTS.—^A former member of the 
armed forces who is a Medal of Honor recipient and who is not 
otherwise entitled to medical and dental benefits under this chapter 
may, upon request, be given medical and dental care provided 
by the administering Secretaries in the same manner as if entitled 
to retired pay. 
"(b) IMMEDIATE DEPENDENTS.—^A person who is an immediate 
dependent of a Medal of Honor recipient and who is not otherwise 
entitled to medical and dental benefits under this chapter may, 
upon request, be given medical and dental care provided by the 
administering Secretaries in the same manner as if the Medal 
of Honor recipient were, or (if deceased) was at the time of death, 
entitled to retired pay. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'Medal of Honor recipient' means a person 
who has been awarded a medal of honor under section 3741, 
6241, or 8741 of this title or section 491 of title 14. 
"(2) The term 'immediate dependent' means a dependent 
described in subparagraph (A), (B), (C), or (D) of section 1072(2) 
of this title.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1074g 
the following new item: 
"1074h. Medical and dental care: medal of honor recipients; dependents.". 
(b) EFFECTIVE DATE.—Section 1074h of title 10, United States 
Code, shall apply with respect to medical and dental care provided 
on or after the date of the enactment of this Act. 
Subtitle B—Senior Health Care 
SEC. 711. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PRO-
GRAM. 
(a) EXPANSION OF TRICARE SENIOR PHARMACY PROGRAM.— 
Section 723 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2068; 
10 U.S.C. 1073 note) is amended— 
114 STAT. 1654A-176 
PUBLIC LAW 106-398—APPENDIX 
(1) in subsection (a)— 
(A) by striking "October 1, 1999" and inserting "April 
1, 2001"; and 
(B) by striking "who reside in an area selected under 
subsection (f)"; 
(2) by amending subsection (b) to read as follows: 
"(b) PROGRAM REQUIREMENTS.—The same coverage for phar-
macy services and the same requirements for cost sharing and 
reimbursement as are applicable under section 1086 of title 10, 
United States Code, shall apply with respect to the program 
required by subsection (a)."; 
(3) in subsection (d)— 
(A) by striking "December 31, 2000" and inserting 
"December 31, 2001"; and 
(B) by striking "December 31, 2002" and inserting 
"December 31, 2003"; 
(4) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (B), by inserting "and" after 
the semicolon; 
(ii) in subparagraph (C), by striking "; and" and 
inserting a period; and 
(iii) by striking subparagraph (D); and 
(B) in paragraph (2), by striking "at the time" and 
all that follows through "facility" and inserting ", before 
April 1, 2001, has attained the age of 65 and did not 
enroll in the program described in such paragraph"; and 
(5) by striking subsection (f). 
(b) TERMINATION OF DEMONSTRATION PROJECT AND RETAIL 
PHARMACY NETWORK REQUIREMENTS.—Section 702 of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 10 U.S.C. 1079 note) is amended by adding at the end the 
following: 
"(h) TERMINATION.—This section shall cease to apply to the 
Secretary of Defense on the date after the implementation of section 
711 of the Floyd D. Spence National Defense Authorization Act 
for Fiscal Year 2001 that the Secretary determines appropriate, 
with a view to minimizing instability with respect to the provision 
of pharmacy benefits, but in no case later than the date that 
is one year after the date of the enactment of such Act.". 
SEC. 712. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS AND TRICARE 
UPON THE ATTAINMENT OF AGE 65; EXPANSION AND 
MODIFICATION O F MEDICARE SUBVENTION PROJECT. 
(a) ELIGIBILITY OF MEDICARE ELIGIBLE PERSONS.—(1) Section 
1086(d) of title 10, United States Code, is amended— 
(A) by striking paragraph (2) and inserting the following: 
"(2) The prohibition contained in paragraph (1) shall not apply 
to a person referred to in subsection (c) who— 
"(A) is enrolled in the supplementary medical insurance 
program under part B of such title (42 U.S.C. 1395j et seq.); 
and 
"(B) in the case of a person under 65 years of age, is 
entitled to hospital insurance benefits under part A of title 
XVIII of the Social Security Act pursuant to subparagraph 
(A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) 
or section 226A(a) of such Act (42 U.S.C. 426-l(a))."; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-177 
(B) in paragraph (4), by striking "paragraph (1) who satisfy 
only the criteria specified in subparagraphs (A) and (B) of 
paragraph (2), but not subparagraph (C) of such paragraph," 
and inserting "subparagraph (B) of paragraph (2) who do not 
satisfy the condition specified in subparagraph (A) of such 
paragraph". 
(2) Subsection (a)(4)(A) of section 1896 of the Social Security 
Act (42 U.S.C. 1395ggg) is amended to read as follows: 
"(A) is eligible for health benefits under section 1086 
of such title by reason of subsection (c)(1) of such section;". 
(3) The amendments made by paragraphs (1) and (2) shall 
take effect on October 1, 2001. 
(b) 1-YEAR EXTENSION OF MEDICARE SUBVENTION PROJECT.— 
Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is 
amended— 
(1) in subsection (b)(4), by striking "3-year period" and 
inserting "4-year period"; and 
(2) in subsection (i)(4)— 
(A) by striking "and" at the end of subparagraph (B); 
(B) by striking the period at the end of subparagraph 
(C) and inserting "; and"; and 
(C) by adding at the end the following new subpara-
graph: 
"(D) $70,000,000 for calendar year 2001.". 
(c) FURTHER EXTENSION OF MEDICARE SUBVENTION PROJECT.— 
(1) Subsection (b)(4) of section 1896 of the Social Security Act 
(42 U.S.C. 1395ggg) is amended by striking the period at the 
end and inserting the following: ", except that the administering 
Secretaries may negotiate and (subject to section 701(f) of the 
Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001) enter into a new or revised agreement under paragraph 
(1)(A) to continue the project after the end of such period. If the 
project is so continued, the administering Secretaries may terminate 
the agreement under which the program operates after providing 
notice to Congress in accordance with subsection (k)(2)(B)(v).". 
(2) Such section is further amended— 
(A) in the heading, by striking "DEMONSTRATION PROJECT" 
and inserting "PROGRAM"; 
(B) by amending paragraph (2) of subsection (a) to read 
as follows: 
"(2) PROGRAM.—The term 'program' means the program carried 
out under this section."; 
(C) by striking "DEMONSTRATION PROJECT" and "demonstra-
tion project" and "project" each place each appears and inserting 
"PROGRAM", "program", and "program" respectively ; and 
(D) by striking "DEMONSTRATION" in the heading of 
subsection (j)(l). 
(3) Subsection (i)(4) of such section is amended to read as 
follows: 
"(4) CAP ON AMOUNT.—The maximum aggregate expendi-
tures from the trust funds under this subsection pursuant 
to the agreement entered into between the administering Sec-
retaries under subsection (b) for a fiscal year (before fiscal 
year 2006) shall not exceed the amount agreed by the Secretar-
ies to be the amount that would have been expended from 
the trust funds on beneficiaries who enroll in the program, 
had the program not been established, plus the following: 
114 STAT. 1654A-178 
PUBLIC LAW 106-398—APPENDIX 
"(A) $35,000,000 for fiscal year 2002. 
"(B) $55,000,000 for fiscal year 2003. 
"(C) $75,000,000 for fiscal year 2004. 
"(D) $100,000,000 for fiscal year 2005.". 
(d) AUTHORIZING PROGRAM EXPANSION AND MODIFICATIONS.— 
(1) Paragraph (2) of subsection (b) of such section 1896 is amended 
to read as follows: 
"(2) LOCATION OF SITES.—Subject to subsection (k)(2)(B), 
the program shall be conducted in any site that is designated 
jointly by the administering Secretaries.". 
(2) Subsection (d)(2) of such section is amended by inserting 
", or (subject to subsection (k)(2)(B)) such comparable requirements 
as are included in the agreement under subsection (b)(1)(A)" after 
"the following areas". 
(3) Subsection (i) of such section is amended— 
(A) in paragraph (2), by inserting "subject to paragraph 
(4)," after "paragraph (1)"; and 
(B) by striking paragraph (4) and inserting the following: 
"(4) 
MODIFICATION 
OF 
PAYMENT 
METHODOLOGY.—The 
administering Secretaries may, subject to subsection (k)(2)(B), 
modify the payment methodology provided under paragraphs 
(1) and (2) so long as the amount of the reimbursement provided 
to the Secretary of Defense fully reimburses the Department 
of Defense for its cost of providing services under the program 
but does not exceed an amount that is estimated to be equiva-
lent to the amount that otherwise would have been expended 
under this title for such services if provided other than under 
the program (not including amounts described in paragraph 
(2)). Such limiting amount may be based for any site on the 
amount that would be payable to Medicare+Choice organiza-
tions under part C for the area of the site or the amounts 
that would be payable under parts A and B.". 
(e) CHANGE IN REPORTS.—Paragraph (2) of subsection (k) of 
such section 1896 is amended to read as follows: 
"(2) REPORTS ON PROGRAM OPERATION AND CHANGES.— 
"(A) ANNUAL REPORT.—The administering Secretaries 
shall submit to the Committees on Armed Services and 
Finance of the Senate and the Committees on Armed Serv-
ices and Ways and Means of the House of Representatives 
an annual report on the program and its impact on costs 
and the provision of health services under this title and 
title 10, United States Code. 
"(B) BEFORE MAKING CERTAIN PROGRAM CHANGES.— 
The administering Secretaries 
shall submit to such 
Committees a report at least 60 days before— 
"(i) changing the designation of a site under sub-
section (b)(2); 
"(ii) applying comparable requirements under sub-
section (d)(2); 
"(iii) making significant changes in payment meth-
odology or amounts under subsection (i)(4); 
"(iv) making other significant changes in the oper-
ation of the program; or 
"(v) terminating the agreement under the second 
sentence of subsection (b)(4). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-179 
"(C) EXPLANATION.—Each report under subparagraph 
(B) shall include justifications for the changes or termi-
nation to which the report refers.". 
(f) CONDITIONAL EFFECTIVE DATE.—(1) Upon negotiating an 
agreement under the amendment made by subsection (c)(1), the 
Secretary of Defense and the Secretary of Health and Human 
Services shall jointly transmit a notification of the proposed agree-
ment to the Committee on Armed Services and the Committee 
on Finance of the Senate and the Committee on Armed Services 
and the Committee on Ways and Means of the House of Representa-
tives, and shall include with the transmittal a copy of the proposed 
agreement and all related agreements and supporting documents. 
(2) Such proposed agreement shall take effect, and the amend-
ments made by subsections (c)(2), (c)(3), (d), and (e) shall take 
effect, on such date as is provided for in such agreement and 
in an Act enacted after the date of the enactment of this Act. 
SEC. 713. ACCRUAL FU^fDING FOR HEALTH CARE FOR MEDICARE-
ELIGIBLE RETIREES AND DEPENDENTS. 
(a) ESTABLISHMENT OF FUND.—(1) Part II of subtitle A of title 
10, United States Code, is amended by inserting after chapter 
55 the following new chapter: 
"CHAPTER 56—DEPARTMENT OF DEFENSE MEDICARE-
ELIGIBLE RETIREE HEALTH CARE FUND 
"Sec. 
"1111. 
Establishment and pxirpose of Fund; definitions. 
"1112. 
Assets of Fund. 
"1113. 
Payments from the Fund. 
"1114. 
Board of Actuaries. 
"1115. 
Determination of contributions to the Fund. 
"1116. 
Payments into the Fund. 
"1117. 
Investment of assets of Fund. 
'*§ 1111. Establishment and purpose of Fund; deHnitions 
"(a) There is established on the books of the Treasury a fund 
to be known as the Department of Defense Medicare-Eligible Retiree 
Health Care Fund (hereafter in this chapter referred to as the 
'Fund'), which shall be administered by the Secretary of the Treas-
ury. The Fund shall be used for the accumulation of funds in 
order to finance on an actuarially sound basis liabilities of the 
Department of Defense under Department of Defense retiree health 
care programs for medicare-eligible beneficiaries. 
"(b) In this chapter: 
"(1) The term 'Department of Defense retiree health care 
programs for medicare-eligible beneficiaries' means the provi-
sions of this title or any other provision of law creating entitle-
ment to health care for a medicare-eligible member or former 
member of the uniformed services entitled to retired or retainer 
pay, or a medicare-eligible dependent of a member or former 
member of the uniformed services entitled to retired or retainer 
pay. 
"(2) The term 'medicare-eligible' means entitled to benefits 
under part A of title XVIII of the Social Security Act (42 
U.S.C. 1395c et seq.). 
"(3) The term 'dependent' means a dependent (as such 
term is defined in section 1072 of this title) described in section 
1076(b)(1) of this title. 
114 STAT. 1654A-180 
PUBLIC LAW 106-398—APPENDIX 
"§ 1112. Assets of Fund 
"There shall be deposited into the Fund the following, which 
shall constitute the assets of the Fund: 
"(1) Amounts paid into the Fund under section 1116 of 
this title. 
"(2) Any amount appropriated to the Fund. 
"(3) Any return on investment of the assets of the Fund. 
"§ 1113. Payments from the Fund 
"(a) There shall be paid from the Fund amounts payable for 
Department of Defense retiree health care programs for medicare-
eligible beneficiaries. 
"(b) The assets of the Fund are hereby made available for 
payments under subsection (a). 
"§ 1114. Board of Actuaries 
"(a)(1) There is established in the Department of Defense a 
Department of Defense Medicare-Eligible Retiree Health Care 
Board of Actuaries (hereafter in this chapter referred to as the 
'Board'). The Board shall consist of three members who shall be 
appointed by the Secretary of Defense from among qualified profes-
sional actuaries who are members of the Society of Actuaries. 
"(2)(A) Except as provided in subparagraph (B), the members 
of the Board shall serve for a term of 15 years, except that a 
member of the Board appointed to fill a vacancy occurring before 
the end of the term for which his predecessor was appointed shall 
only serve until the end of such term. A member may serve after 
the end of his term until his successor has taken office. A member 
of the Board may be removed by the Secretary of Defense for 
misconduct or failure to perform functions vested in the Board, 
and for no other reason. 
"(B) Of the members of the Board who are first appointed 
under this paragraph, one each shall be appointed for terms ending 
five, ten, and 15 years, respectively, after the date of appointment, 
as designated by the Secretary of Defense at the time of appoint-
ment. 
"(3) A member of the Board who is not otherwise an employee 
of the United States is entitled to receive pay at the daily equivalent 
of the annual rate of basic pay of the highest rate of basic pay 
under the General Schedule of subchapter III of chapter 53 of 
title 5, for each day the member is engaged in the performance 
of duties vested in the Board, and is entitled to travel expenses, 
including a per diem allowance, in accordance with section 5703 
of title 5. 
"(b) The Board shall report to the Secretary of Defense annually 
on the actuarial status of the Fund and shall furnish its advice 
and opinion on matters referred to it by the Secretary. 
"(c) The Board shall review valuations of the Fund under section 
1115(c) of this title and shall report periodically, not less than 
once every four years, to the President and Congress on the status 
of the Fund. The Board shall include in such reports recommenda-
tions for such changes as in the Board's judgment are necessary 
to protect the public interest and maintain the Fund on a sound 
actuarial basis. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-181 
*
*
§ 1115. Determination of contributions to the Fund 
"(a) The Board shall determine the amount that is the present 
value (as of October 1, 2002) of future benefits payable from the 
Fund that are attributable to service in the uniformed services 
performed before October 1, 2002. That amount is the original 
unfunded liability of the Fund. The Board shall determine the 
period of time over which the original unfunded liability should 
be liquidated and shall determine an amortization schedule for 
the liquidation of such liability over that period. Contributions 
to the Fund for the liquidation of the original unfunded liability 
in accordance with such schedule shall be made as provided in 
section 1116(b) of this title. 
"(b)(1) The Secretary of Defense shall determine each year, 
in sufficient time for inclusion in budget requests for the following 
fiscal year, the total amount of Department of Defense contributions 
to be made to the Fund during that fiscal year under section 
1116(a) of this title. That amount shall be the sum of the following: 
"(A) The product of— 
"(i) the current estimate of the value of the single 
level dollar amount to be determined under subsection 
(c)(1)(A) at the time of the next actuarial valuation under 
subsection (c); and 
"(ii) the expected average force strength during that 
fiscal year for members of the uniformed services on active 
duty (other than active duty for training) and full-time 
National Guard duty (other than full-time National Guard 
duty for training only). 
"(B) The product of— 
"(i) the current estimate of the value of the single 
level dollar amount to be determined under subsection 
(c)(1)(B) at the time of the next actuarial valuation under 
subsection (c); and 
"(ii) the expected average force strength during that 
fiscal year for members of the Ready Reserve of the uni-
formed services (other than members on full-time National 
Guard duty other than for training) who are not otherwise 
described in subparagraph (A)(ii). 
"(2) The amount determined under paragraph (1) for any fiscal 
year is the amount needed to be appropriated to the Department 
of Defense for that fiscal year for payments to be made to the 
Fund during that year under section 1116(a) of this title. The 
President shall include not less than the full amount so determined 
in the budget transmitted to Congress for that fiscal year under 
section 1105 of title 31. The President may comment and make 
recommendations concerning any such amount. 
"(c)(1) Not less often than every four years, the Secretary of 
Defense shall carry out an actuarial valuation of the Fund. Each 
such actuarial valuation shall include— 
"(A) a determination (using the aggregate entry-age normal 
cost method) of a single level dollar amount for members of 
the uniformed services on active duty (other than active duty 
for training) or full-time National Guard duty (other than full-
time National Guard duty for training only); and 
"(B) a determination (using the aggregate entry-age normal 
cost method) of a single level dollar amount for members of 
the Ready Reserve of the uniformed services and other than 
114 STAT. 1654A-182 
PUBLIC LAW 106-398—APPENDIX 
members on full-time National Guard duty other than for train-
ing) who are not otherwise described by subparagraph (A). 
Such single level dollar amounts shall be used for the purposes 
of subsection (b) and section 1116(a) of this title. 
"(2) If at the time of any such valuation there has been a 
change in benefits under the Department of Defense retiree health 
care programs for medicare-eligible beneficiaries that has been 
made since the last such valuation and such change in benefits 
increases or decreases the present value of amounts payable from 
the Fund, the Secretary of Defense shall determine an amortization 
methodology and schedule for the amortization of the cumulative 
unfunded liability (or actuarial gain to the Fund) created by such 
change and any previous such changes so that the present value 
of the sum of the amortization payments (or reductions in payments 
that would otherwise be made) equals the cumulative increase 
(or decrease) in the present value of such amounts. 
"(3) If at the time of any such valuation the Secretary of 
Defense determines that, based upon changes in actuarial assump-
tions since the last valuation, there has been an actuarial gain 
or loss to the Fund, the Secretary shall determine an amortization 
methodology and schedule for the amortization of the cumulative 
gain or loss to the Fund created by such change in assumptions 
and any previous such changes in assumptions through an increase 
or decrease in the payments that would otherwise be made to 
the Fund. 
"(4) If at the time of any such valuation the Secretary of 
Defense determines that, based upon the Fund's actuarial experi-
ence (other than resulting from changes in benefits or actuarial 
assumptions) since the last valuation, there has been an actuarial 
gain or loss to the Fund, the Secretary shall determine an amortiza-
tion methodology and schedule for the amortization of the cumu-
lative gain or loss to the Fund created by such actuarial experience 
and any previous actuarial experience through an increase or 
decrease in the payments that would otherwise be made to the 
Fund. 
"(5) Contributions to the Fund in accordance with amortization 
schedules under paragraphs (2), (3), and (4) shall be made as 
provided in section 1116(b) of this title. 
"(d) All determinations under this section shall be made using 
methods and assumptions approved by the Board of Actuaries 
(including assumptions of interest rates and medical inflation) and 
in accordance with generally accepted actuarial principles and prac-
tices. 
"(e) The Secretary of Defense shall provide for the keeping 
of such records as are necessary for determining the actuarial 
status of the Fund. 
"§1116. Payments into the Fund 
"(a) The Secretary of Defense shall pay into the Fund at the 
end of each month as the Department of Defense contribution 
to the Fund for that month the amount that is the sum of the 
following: 
"(1) The product of— 
"(A) the monthly dollar amount determined using all 
the methods and assumptions approved for the most recent 
(as of the first day of the current fiscal year) actuarial 
valuation under section 1115(c)(1)(A) of this title (except 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-183 
that any statutory change in the Department of Defense 
retiree health care programs for medicare-ehgible bene-
ficiaries that is effective after the date of that valuation 
and on or before the first day of the current fiscal year 
shall be used in such determination); and 
"(B) the total end strength for that month for members 
of the uniformed services on active duty (other than active 
duty for training) and full-time National Guard duty (other 
than full-time National Guard duty for training only). 
"(2) The product of— 
"(A) the level monthly dollar amount determined using 
all the methods and assumptions approved for the most 
recent (as of the first day of the current fiscal year) actuar-
ial valuation under section 1115(c)(1)(B) of this title (except 
that any statutory change in the Department of Defense 
retiree health care programs for medicare-eligible bene-
ficiaries that is effective after the date of that valuation 
and on or before the first day of the current fiscal year 
shall be used in such determination); and 
"(B) the total end strength for that month for members 
of the Ready Reserve of the uniformed services other than 
members on full-time National Guard duty other than for 
training) who are not otherwise described in paragraph 
(1)(B). Amounts paid into the Fund under this subsection 
shall be paid from funds available for the Defense Health 
Program. 
"(b)(1) At the beginning of each fiscal year the Secretary of 
the Treasury shall promptly pay into the Fund from the General 
Fund of the Treasury the amount certified to the Secretary by 
the Secretary of Defense under paragraph (3). Such payment shall 
be the contribution to the Fund for that fiscal year required by 
sections 1115(a) and 1115(c) of this title. 
"(2) At the beginning of each fiscal year the Secretary of Defense 
shall determine the sum of the following: 
"(A) The amount of the payment for that year under the 
amortization schedule determined by the Board of Actuaries 
under section 1115(a) of this title for the amortization of the 
original unfunded liability of the Fund. 
"(B) The amount (including any negative amount) for that 
year under the most recent amortization schedule determined 
by the Secretary of Defense under section 1115(c)(2) of this 
title for the amortization of any cumulative unfunded liability 
(or any gain) to the Fund resulting from changes in benefits. 
"(C) The amount (including any negative amount) for that 
year under the most recent amortization schedule determined 
by the Secretary of Defense under section 1115(c)(3) of this 
title for the amortization of any cumulative actuarial gain 
or loss to the Fund resulting from actuarial assumption 
changes. 
"(D) The amount (including any negative amount) for that 
year under the most recent amortization schedule determined 
by the Secretary of Defense under section 111(c)(4) of this 
title for the amortization of any cumulative actuarial gain 
or loss to the Fund resulting from actuarial experience. 
"(3) The Secretary of Defense shall promptly certify the amount 
determined under paragraph (2) each year to the Secretary of 
the Treasury. 
7&-194 O - 00 - 8 : QL3 Part 3 
114 STAT. 1654A-184 
PUBLIC LAW 106-398—APPENDIX 
"§ 1117. Investment of assets of Fund 
"The Secretary of the Treasury shall invest such portion of 
the Fund as is not in the judgment of the Secretary of Defense 
required to meet current withdrawals. Such investments shall be 
in public debt securities with maturities suitable to the needs 
of the Fund, as determined by the Secretary of Defense, and bearing 
interest at rates determined by the Secretary of the Treasury, 
taking into consideration current market yields on outstanding 
marketable obligations of the United States of comparable matu-
rities. The income on such investments shall be credited to and 
form a part of the Fund.". 
(2) The tables of chapters at the beginning of subtitle A, and 
at the beginning of part II of subtitle A, of title 10, United States 
Code, are amended by inserting after the item relating to chapter 
55 the following new item: 
"56. Department of Defense Medicare-Eligible Retiree Health Care Fund 
1111.". 
(b) DELAYED EFFECTIVE DATES FOR CERTAIN PROVISIONS.—(1) 
Sections 1113 and 1116 of title 10, United States Code (as added 
by subsection (a)), shall take effect on October 1, 2002. 
(2) Section 1115 of such title (as added by such subsection) 
shall take effect on October 1, 2001. 
Subtitle C—TRICARE Program 
SEC. 
721. 
IMPROVEMENT 
OF 
ACCESS 
TO 
HEALTH 
CARE 
UNDER THE 
TRICARE 
PROGRAM. 
(a) 
WAIVER 
OF 
NONAVAILABILITY 
STATEMENT 
OR 
PREAUTHORIZATION.—In the case of a covered beneficiary under 
chapter 55 of title 10, United States Code, who is enrolled in 
TRICARE Standard, the Secretary of Defense may not require 
with regard to authorized health care services (other than mental 
health services) under any new contract for the provision of health 
care services under such chapter that the beneficiary— 
(1) obtain a nonavailability statement or preauthorization 
from a military medical treatment facility in order to receive 
the services from a civilian provider; or 
(2) obtain a nonavailability statement for care in specialized 
treatment facilities outside the 200-mile radius of a military 
medical treatment facility. 
(b) NOTICE.—The Secretary may require that the covered bene-
ficiary inform the primary care manager of the beneficiary of any 
health care received from a civilian provider or in a specialized 
treatment facility. 
(c) EXCEPTIONS.—Subsection (a) shall not apply if— 
(1) the Secretary demonstrates significant costs would be 
avoided by performing specific procedures at the affected mili-
tary medical treatment facilities; 
(2) the Secretary determines that a specific procedure must 
be provided at the affected military medical treatment facility 
to ensure the proficiency levels of the practitioners at the 
facility; or 
(3) the lack of nonavailability statement data would signifi-
cantly interfere with TRICARE contract administration. 
(d) EFFECTIVE DATE.—This section shall take effect on October 
1, 2001. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-185 
SEC. 722. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME 
REMOTE PROGRAM IN THE CONTINENTAL UNITED 
STATES. 
(a) COVERAGE OF OTHER UNIFORMED SERVICES.—(1) Section 
1074(c) of title 10, United States Code, is amended— 
(A) by striking "armed forces" each place it appears, except 
in paragraph (3)(A), and inserting "uniformed services"; 
(B) in paragraph (1), by inserting after "military depart-
ment" in the first sentence the following: ", the Department 
of Transportation (with respect to the Coast Guard when it 
is not operating as a service in the Navy), or the Department 
of Health and Human Services (with respect to the National 
Oceanic and Atmospheric Administration and the Public Health 
Service)"; 
(C) in paragraph (2), by adding at the end the following: 
"(C) The Secretary of Defense shall consult with the other 
administering Secretaries in the administration of this paragraph."; 
and 
(D) in paragraph (3)(A), by striking "The Secretary of 
Defense may not require a member of the armed forces 
described in subparagraph (B)" and inserting "A member of 
the uniformed services described in subparagraph (B) may not 
be required". 
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of the 
National Defense Authorization Act for Fiscal Year 1998 (Public 
Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are amended 
by striking "Armed Forces" and inserting "uniformed services". 
(B) Subsection (b) of such section is further amended by adding 
at the end the following: 
"(4) The Secretary of Defense shall consult with the other 
administering Secretaries in the administration of this subsection.". 
(C) Subsection (f) of such section is amended by adding at 
the end the following: 
"(3) The terms 'uniformed services' and 'administering Sec-
retaries' have the meanings given those terms in section 1072 
of title 10, United States Code.". 
(3) Section 706(b) of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684) is amended 
by striking "Armed Forces" and inserting "uniformed services (as 
defined in section 1072(1) of title 10, United States Code)". 
(b) COVERAGE OF IMMEDIATE FAMILY.—(1) Section 1079 of title 
10, United States Code, is amended by adding at the end the 
following: 
"(p)(l) Subject to such exceptions as the Secretary of Defense 
considers necessary, coverage for medical care under this section 
for the dependents referred to in subsection (a) of a member of 
the uniformed services referred to in section 1074(c)(3) of this 
title who are residing with the member, and standards with respect 
to timely access to such care, shall be comparable to coverage 
for medical care and standards for timely access to such care 
under the managed care option of the TRICARE program known 
as TRICARE Prime. 
"(2) The Secretary of Defense shall enter into arrangements 
with contractors under the TRICARE program or with other appro-
priate contractors for the timely and efficient processing of claims 
under this subsection. 
114 STAT. 1654A-186 
PUBLIC LAW 106-398—APPENDIX 
"(3) The Secretary of Defense shall consult with the other 
administering Secretaries in the administration of this subsection.". 
(2) Section 731(b) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 
1074 note) is amended— 
(A) in paragraph (1), by adding at the end the following: 
"A dependent of the member, as described in subparagraph 
(A), (D), or (I) of section 1072(2) of title 10, United States 
Code, who is residing with the member shall have the same 
entitlement to care and to waiver of charges as the member."; 
and 
(B) in paragraph (2), by inserting "or dependent of the 
member, as the case may be," after "(2) A member". 
(c) EFFECTIVE DATES; APPLICABILITY.—(1) The amendments 
made by subsections (a)(1) and (b)(1) shall take effect on October 
1, 2001. 
(2) The amendments made by subsection (a)(2), with respect 
to members of the uniformed services, and the amendments made 
by subsection (b)(2), with respect to dependents of members, shall 
take effect on the date of the enactment of this Act and shall 
expire with respect to a member or the dependents of a member, 
respectively, on the later of the following: 
(A) The date that is one year after the date of the enactment 
of this Act. 
(B) The date on which the policies required by the amend-
ments made by subsection (a)(1) or (b)(1) are implemented 
with respect to the coverage of medical care for and provision 
of such care to the member or dependents, respectively. 
(3) Section 731(b)(3) of Public Law 105-85 does not apply 
to a member of the Coast Guard, the National Oceanic and 
Atmospheric Administration, or the Commissioned Corps of the 
Public Health Service, or to a dependent of a member of a uniformed 
service. 
SEC. 723. MODERNIZATION OF TRICARE BUSINESS PRACTICES AND 
INCREASE OF USE OF MILITARY TREATMENT FACILITIES. 
(a) REQUIREMENT TO IMPLEMENT INTERNET-BASED SYSTEM.— 
Not later than October 1, 2001, the Secretary of Defense shall 
implement a system to simplify and make accessible through the 
use of the Internet, through commercially available systems and 
products, critical administrative processes within the military 
health care system and the TRICARE program. The purposes of 
the system shall be to enhance efficiency, improve service, and 
achieve commercially recognized standards of performance. 
(b) ELEMENTS OF SYSTEM.—The system required by subsection 
(a)— 
(1) shall comply with patient confidentiality and security 
requirements, and incorporate data requirements, that are cur-
rently widely used by insurers under medicare and commercial 
insurers; 
(2) shall be designed to achieve improvements with respect 
to— 
(A) the availability and scheduling of appointments; 
(B) the filing, processing, and payment of claims; 
(C) marketing and information initiatives; 
(D) the continuation of enrollments without expiration; 
(E) the portability of enrollments nationwide; 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-187 
(F) education of beneficiaries regarding the military 
health care system and the TRICARE program; and 
(G) education of health care providers regarding such 
system and program; and 
(3) may be implemented through a contractor under 
TRICARE Prime. 
(c) AREAS OF IMPLEMENTATION.—The Secretary shall implement 
the system required by subsection (a) in at least one region under 
the TRICARE program. 
(d) PLAN FOR IMPROVED PORTABILITY OF BENEFITS.—Not later 
than March 15, 2001, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a plan to provide portability and reciprocity 
of benefits for all enrollees under the TRICARE program throughout 
all TRICARE regions. 
(e) INCREASE OF USE OF MILITARY MEDICAL TREATMENT FACILI-
TIES.—The Secretary shall initiate a program to maximize the use 
of military medical treatment facilities by improving the efficiency 
of health care operations in such facilities. 
(f) DEFINITION.—In this section the term "TRICARE program" 
has the meaning given such term in section 1072 of title 10, United 
States Code. 
SEC. 724. EXTENSION OF TRICARE MANAGED CARE SUPPORT CON-
TRACTS. 
(a) AUTHORITY.—Notwithstanding any other provision of law 
and subject to subsection (b), any TRICARE managed care support 
contract in effect, or in the final stages of acquisition, on September 
30, 1999, may be extended for four years. 
(b) CONDITIONS.—^Any extension of a contract under subsection 
(a)— 
(1) may be made only if the Secretary of Defense determines 
that it is in the best interest of the United States to do so; 
and 
(2) shall be based on the price in the final best and final 
offer for the last year of the existing contract as adjusted 
for inflation and other factors mutually agreed to by the con-
tractor and the Federal Government. 
SEC. 725. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVID-
ERS SEEKING DIRECT REIMBURSEMENT FROM MEMBERS 
OF THE UNIFORMED SERVICES. 
Not later than January 31, 2001, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report recommending practices 
to discourage or prohibit health care providers under the TRICARE 
program, and individuals or entities working on behalf of such 
providers, from seeking direct reimbursement from members of 
the uniformed services or their dependents for health care received 
by such members or dependents. 
SEC. 726. VOLUNTARY TERMINATION OF ENROLLMENT IN TRICARE 
RETIREE DENTAL PROGRAM. 
(a) PROCEDURES.—Section 1076c of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (i) as subsection (j); and 
(2) by inserting after subsection (h) the following new sub-
section (i): 
114 STAT. 1654A-188 
PUBLIC LAW 106-398—APPENDIX 
"(i) VOLUNTARY DISENROLLMENT.—(1) With respect to enroll-
ment in the dental insurance plan established under subsection 
(a), the Secretary of Defense— 
"(A) shall allow for a period of up to 30 days at the begin-
ning of the prescribed minimum enrollment period during which 
an enrollee may disenroll; and 
"(B) shall provide for limited circumstances under which 
disenrollment shall be permitted during the prescribed enroll-
ment period, without jeopardizing the fiscal integrity of the 
dental program. 
"(2) The circumstances described in paragraph (1)(B) shall 
include— 
"(A) a case in which a retired member, surviving spouse, 
or dependent of a retired member who is also a Federal 
employee is assigned to a location outside the jurisdiction of 
the dental insurance plan established under subsection (a) that 
prevents utilization of dental benefits under the plan; 
"(B) a case in which a retired member, surviving spouse, 
or dependent of a retired member is prevented by a serious 
medical condition from being able to obtain benefits under 
the plan; 
"(C) a case in which severe financial hardship would result; 
and 
"(D) any other circumstances which the Secretary considers 
appropriate. 
"(3) The Secretary shall establish procedures for timely 
decisions on requests for disenrollment under this section and for 
appeal to the TRICARE Management Activity of adverse decisions.". 
(b) CLARIFYING AMENDMENT.—The heading for subsection (f) 
is amended by striking "TERMINATION" and inserting "REQUIRED 
TERMINATIONS". 
SEC. 727. CLAIMS PROCESSING IMPROVEMENTS. 
Beginning on the date of the enactment of this Act, the Sec-
retary of Defense shall, to the maximum extent practicable, take 
all necessary actions to implement the following improvements with 
respect to processing of claims under the TRICAJIE program: 
(1) Use of the TRICARE encounter data information system 
rather than the health care service record in maintaining 
information on covered beneficiaries under chapter 55 of title 
10, United States Code. 
(2) Elimination of all delays in payment of claims to health 
care providers that may result from the development of the 
health care service record or TRICARE encounter data informa-
tion. 
(3) Requiring all health care providers under the TRICARE 
program that the Secretary determines are high-volume provid-
ers to submit claims electronically. 
(4) Processing 50 percent of all claims by health care provid-
ers and institutions under the TRICARE program by electronic 
means. 
(5) Authorizing managed care support contractors under 
the TRICARE program to require providers to access informa-
tion on the status of claims through the use of telephone 
automated voice response units. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-189 
SEC. 728. PRIOR AUTHORIZATIONS FOR CERTAIN REFERRALS AND 
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS. 
(a) PROHIBITION REGARDING PRIOR AUTHORIZATION FOR REFER-
RALS.—(1) Chapter 55 of title 10, United States Code, is amended 
by inserting after section 1095e the following new section: 
"§1095f. TRICARE program: referrals for specialty health 
care 
"The Secretary of Defense shall ensure that no contract for 
managed care support under the TRICARE program includes any 
requirement that a managed care support contractor require a 
primary care or specialty care provider to obtain prior authorization 
before referring a patient to a specialty care provider that is part 
of the network of health care providers or institutions of the contrac-
tor.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 109 5e 
the following new item: 
"1095f. TRICARE program: referrals for specialty health care.". 
(b) REPORT.—Not later than February 1, 2001, the Comptroller 
General shall submit to Congress a report on the financial and 
management implications of eliminating the requirement to obtain 
nonavailability-of-health-care statements under section 1080 of title 
10, United States Code. 
(c) EFFECTIVE DATE.—Section 1095f of title 10, United States 
Code, as added by subsection (a), shall apply with respect to a 
TRICARE managed care support contract entered into by the 
Department of Defense after the date of the enactment of this 
Act. 
Subtitle D—Demonstration Projects 
SEC. 731. DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MEN-
TAL HEALTH COUNSELORS. 
(a) REQUIREMENT TO CONDUCT DEMONSTRATION PROJECT.—The 
Secretary of Defense shall conduct a demonstration project under 
which licensed and certified professional mental health counselors 
who meet eligibility requirements for participation as providers 
under the Civilian Health and Medical Program of the Uniformed 
Services (hereafter in this section referred to as "CHAMPUS") or 
the TRICARE program may provide services to covered beneficiaries 
under chapter 55 of title 10, United States Code, without referral 
by physicians or adherence to supervision requirements. 
(b) DURATION AND LOCATION OF PROJECT.—^The Secretary shall 
conduct the demonstration project required by subsection (a)— 
(1) during the 2-year period beginning October 1, 2001; 
and 
(2) in one established TRICARE region. 
(c) REGULATIONS.—The Secretary shall prescribe regulations 
regarding participation in the demonstration project required by 
subsection (a). 
(d) PLAN FOR PROJECT.—Not later than March 31, 2001, the 
Secretary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a plan to carry out 
the demonstration project. The plan shall include, but not be limited 
to, a description of the following: 
114 STAT. 1654A-190 
PUBLIC LAW 106-398—APPENDIX 
(1) The TRICARE region in which the project will be con-
ducted. 
(2) The estimated funds required to carry out the dem-
onstration project. 
(3) The criteria for determining which professional mental 
health counselors will be authorized to participate under the 
demonstration project. 
(4) The plan of action, including critical milestone dates, 
for carrying out the demonstration project. 
(e) REPORT.—Not later than February 1, 2003, the Secretary 
shall submit to Congress a report on the demonstration project 
carried out under this section. The report shall include the following: 
(1) A description of the extent to which expenditures for 
reimbursement of licensed or certified professional mental 
health counselors change as a result of allowing the independ-
ent practice of such counselors. 
(2) Data on utilization and reimbursement regarding non-
physician mental health professionals other than licensed or 
certified 
professional 
mental 
health 
counselors 
under 
CHAMPUS and the TRICARE program. 
(3) Data on utilization and reimbursement regarding physi-
cians who make referrals to, and supervise, mental health 
counselors. 
(4) A description of the administrative costs incurred as 
a result of the requirement for documentation of referral to 
mental health counselors and supervision activities for such 
counselors. 
(5) For each of the categories described in paragraphs 
(1) through (4), a comparison of data for a 1-year period for 
the area in which the demonstration project is being imple-
mented with corresponding data for a similar area in which 
the demonstration project is not being implemented. 
(6) A description of the ways in which allowing for 
independent reimbursement of licensed or certified professional 
mental health counselors affects the confidentiality of mental 
health and substance abuse services for covered beneficiaries 
under CHAMPUS and the TRICARE program. 
(7) A description of the effect, if any, of changing reimburse-
ment policies on the health and treatment of covered bene-
ficiaries under CHAMPUS and the TRICARE program, includ-
ing a comparison of the treatment outcomes of covered bene-
ficiaries who receive mental health services from licensed or 
certified professional mental health counselors acting under 
physician referral and supervision, other non-physician mental 
health 
providers 
recognized 
under 
CHAMPUS 
and 
the 
TRICARE program, and physicians, with treatment outcomes 
under the demonstration project allowing independent practice 
of professional counselors on the same basis as other non-
physician mental health providers. 
(8) The effect of policies of the Department of Defense 
on the willingness of licensed or certified professional mental 
health counselors to participate as health care providers in 
CHAMPUS and the TRICARE program. 
(9) Any policy requests or recommendations regarding men-
tal health counselors made by health care plans and managed 
care organizations participating in CHAMPUS or the TRICARE 
program. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-191 
SEC. 732. TELERADIOLOGY DEMONSTRATION PROJECT. 
(a) AUTHORITY TO CONDUCT PROJECT.—(1) The Secretary of 
Defense may conduct a demonstration project for the purposes 
of increasing efficiency of operations with respect to teleradiology 
at mihtary medical treatment facihties, supporting remote cUnics, 
and increasing coordination with respect to teleradiology between 
such facilities and clinics. Under the project, a military medical 
treatment facility and each clinic supported by such facility shall 
be linked by a digital radiology network through which digital 
radiology X-rays may be sent electronically from clinics to the 
military medical treatment facility. 
(2) The demonstration project may be conducted at several 
multispecialty tertiary-care military medical treatment facilities 
affiliated with a university medical school. One of such facilities 
shall be supported by at least 5 geographically dispersed remote 
clinics of the Departments of the Army, Navy, and Air Force, 
and clinics of the Department of Veterans Affairs and the Coast 
Guard. Another of such facilities shall be in an underserved rural 
geographic region served under established telemedicine contracts 
between the Department of Defense, the Department of Veterans 
Affairs, and a local university. 
(b) DURATION OF PROJECT.—The Secretary shall conduct the 
project during the 2-year period beginning on the date of the enact-
ment of this Act. 
SEC. 
7
3
3
. 
HEALTH 
CARE 
MANAGEMENT 
DEMONSTRATION PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense shall carry out 
a demonstration program on health care management to explore 
opportunities for improving the planning, programming, budgeting 
systems, and management of the Department of Defense health 
care system. 
(b) TEST MODELS.—^Under the demonstration program, the Sec-
retary shall test the use of the following planning and management 
models: 
(1) A health care simulation model for studying alternative 
delivery policies, processes, organizations, and technologies. 
(2) A health care simulation model for studying long term 
disease management. 
(c) DEMONSTRATION SITES.—The Secretary shall test each model 
separately at one or more sites. 
(d) PERIOD FOR PROGRAM.—The demonstration program shall 
begin not later than 180 days after the date of the enactment 
of this Act and shall terminate on December 31, 2001. 
(e) REPORTS.—The Secretary of Defense shall submit a report 
on the demonstration program to the Committees on Armed Services 
of the Senate and the House of Representatives not later than 
March 15, 2002. The report shall include the Secretary's assessment 
of the value of incorporating the use of the tested planning and 
management 
models throughout 
the planning, 
programming, 
budgeting systems, and management of the Department of Defense 
health care system. 
(f) FUNDING.—Of the amount authorized to be appropriated 
under section 301(22),' $6,000,000 shall be available for the dem-
onstration program under this section. 
114 STAT. 1654A-192 
PUBLIC LAW 106-398—APPENDIX 
Subtitle E—Joint Initiatives With 
Department of Veterans Affairs 
SEC. 741. VA-DOD SHARING AGREEMENTS FOR HEALTH SERVICES. 
(a) PRIMACY OF SHARING AGREEMENTS.—The Secretary of 
Defense shall— 
(1) give full force and effect to any agreement into which 
the Secretary or the Secretary of a military department entered 
under section 8111 of title 38, United States Code, or under 
section 1535 of title 31, United States Code, which was in 
effect on September 30, 1999; and 
(2) ensure that the Secretary of the military department 
concerned directly reimburses the Secretary of Veterans Affairs 
for any services or resources provided under such agreement 
in accordance with the terms of such agreement, including 
terms providing for reimbursement from funds available for 
that military department. 
(b) MODIFICATION OR TERMINATION.—^Any agreement described 
in subsection (a) shall remain in effect in accordance with such 
subsection unless, during the 12-month period following the date 
of the enactment of this Act, such agreement is modified or termi-
nated in accordance with the terms of such agreement. 
SEC. 742. PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETER-
ANS HEALTH CARE SYSTEMS. 
(a) ERROR TRACKING PROCESS.—The Secretary of Defense shall 
implement a centralized process for reporting, compilation, and 
analysis of errors in the provision of health care under the defense 
health program that endanger patients beyond the normal risks 
associated with the care and treatment of such patients. To the 
extent practicable, that process shall emulate the system estab-
lished by the Secretary of Veterans Affairs for reporting, compila-
tion, and analysis of errors in the provision of health care under 
the Department of Veterans Affairs health care system that endan-
ger patients beyond such risks. 
(b) SHARING OF INFORMATION.—The Secretary of Defense and 
the Secretary of Veterans Affairs— 
(1) shall share information regarding the designs of systems 
or protocols established to reduce errors in the provision of 
health care described in subsection (a); and 
(2) shall develop such protocols as the Secretaries consider 
necessary for the establishment and administration of effective 
processes for the reporting, compilation, and analysis of such 
errors. 
SEC, 743. COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTI-
FICATION TECHNOLOGY. 
The Secretary of Defense and the Secretary of Veterans Affairs 
shall cooperate in developing systems for the use of bar codes 
for the identification of pharmaceuticals in the health care programs 
of the Department of Defense and the Department of Veterans 
Affairs. In any case in which a common pharmaceutical is used 
in such programs, the bar codes for those pharmaceuticals shall, 
to the maximum extent practicable, be identical. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-193 
Subtitle F—Other Matters 
SEC. 751. MANAGEMENT OF ANTHRAX VACCINE IMMUNIZATION PRO-
GRAM. 
(a) SYSTEM AND PROCEDURES FOR TRACKING SEPARATIONS.— 
(1) Chapter 59 of title 10, United States Code, is amended by 
adding at the end the following new section: 
"§1178. System and procedures for tracking separations 
resulting from refusal to participate in anthrax 
vaccine immunization program 
"(a) REQUIREMENT TO ESTABLISH SYSTEM.—The Secretary of 
each military department shall establish a system for tracking, 
recording, and reporting separations of members of the armed forces 
under the Secretary's jurisdiction that result from procedures initi-
ated as a result of a refusal to participate in the anthrax vaccine 
immunization program. 
"(b) REPORT.—The Secretary of Defense shall consolidate the 
information recorded under the system described in subsection (a) 
and shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives not later than April 
1 of each year a report on such information. Each such report 
shall include a description of— 
"(1) the number of members separated, categorized by mili-
tary department, grade, and active-duty or reserve status; and 
"(2) any other information determined appropriate by the 
Secretary.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1178. System and procedures for tracking separations resulting from refusal to par-
ticipate in anthrax vaccine immunization program.". 
(b) PROCEDURES FOR EXEMPTIONS; MONITORING ADVERSE REAC-
TIONS.—(1) Chapter 55 of such title is amended by adding at the 
end the following new section: 
"§ 1110. Anthrax vaccine immunization program; procedures 
for exemptions and monitoring reactions 
"(a) PROCEDURES FOR MEDICAL AND ADMINISTRATIVE EXEMP-
TIONS.—(1) The Secretary of Defense shall establish uniform proce-
dures under which members of the armed forces may be exempted 
from participating in the anthrax vaccine immunization program 
for either administrative or medical reasons. 
"(2) The Secretaries of the military departments shall provide 
for notification of all members of the armed forces of the procedures 
established pursuant to paragraph (1). 
"(b) SYSTEM FOR MONITORING ADVERSE REACTIONS.—(1) 
The 
Secretary shall establish a system for monitoring adverse reactions 
of members of the armed forces to the anthrax vaccine. That system 
shall include the following: 
"(A) Independent review of Vaccine Adverse Event Report-
ing System reports. 
"(B) Periodic surveys of personnel to whom the vaccine 
is administered. 
114 STAT. 1654A-194 
PUBLIC LAW 106-398—APPENDIX 
"(C) A continuing longitudinal study of a pre-identified 
group of members of the armed forces (including men and 
women and members from all services). 
"(D) Active surveillance of a sample of members to whom 
the anthrax vaccine has been administered that is sufficient 
to identify, at the earliest opportunity, any patterns of adverse 
reactions, the discovery of which might be delayed by reliance 
solely on the Vaccine Adverse Event Reporting System. 
"(2) The Secretary may extend or expand any ongoing or 
planned study or analysis of trends in adverse reactions of members 
of the armed forces to the anthrax vaccine in order to meet any 
of the requirements in paragraph (1). 
"(3) The Secretary shall establish guidelines under which mem-
bers of the armed forces who are determined by an independent 
expert panel to be experiencing unexplained adverse reactions may 
obtain access to a Department of Defense Center of Excellence 
treatment facility for expedited treatment and follow up.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"1110. Anthrax vaccine immunization program; procedures for exemptions and mon-
itoring reactions.". 
(c) EMERGENCY ESSENTIAL EMPLOYEES.—(1) Chapter 81 of such 
title is amended by inserting after section 1580 the following new 
section: 
"§ 1580a. Emergency essential employees: notiHcation of 
required 
participation 
in 
anthrax 
vaccine 
immunization program 
"The Secretary of Defense shall— 
"(1) prescribe regulations for the purpose of ensuring that 
any civilian employee of the Department of Defense v.'ho is 
determined to be an emergency essential employee and who 
is required to participate in the anthrax vaccine immunization 
program is notified of the requirement to participate in the 
program and the consequences of a decision not to participate; 
and 
"(2) ensure that any individual who is being considered 
for a position as such an employee is notified of the obligation 
to participate in the program before being offered employment 
in such position.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1580 
the following new item: 
"1580a. Emergency essential employees: notification of required participation in an-
thrax vaccine immunization program.". 
(d) COMPTROLLER GENERAL REPORT.—(1) Not later than April 
1, 2002, the Comptroller General shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the effect of the Department of Defense anthrax vaccine 
immunization program on the recruitment and retention of active 
duty and reserve military personnel and civilian personnel of the 
Department of Defense. The study shall cover the period beginning 
on the date of the enactment of this Act and ending on December 
31, 200L 
(2) The Comptroller General shall include in the report required 
by paragraph (1) a description of any personnel actions (including 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-195 
transfer, termination, or reassignment of any personnel) taken as 
a result of the refusal of any civilian employee of the Department 
of Defense to participate in the anthrax vaccine immunization pro-
gram. 
(e) DEADLINES FOR ESTABLISHMENT AND IMPLEMENTATION.— 
The Secretary of Defense shall— 
(1) not later than April 1, 2001, establish the uniform 
procedures for exemption from participation in the anthrax 
vaccine immunization program of the Department of Defense 
required under subsection (a) of section 1110 of title 10, United 
States Code (as added by subsection (b)); 
(2) not later than July 1, 2001, establish the system for 
monitoring adverse reactions of members of the Armed Forces 
to the anthrax vaccine required under subsection (b)(1) of such 
section; 
(3) not later than April 1, 2001, establish the guidelines 
under which members of the Armed Forces may obtain access 
to a Department of Defense Center of Excellence treatment 
facility for expedited treatment and follow up required under 
subsection (b)(3) of such section; and 
(4) not later than July 1, 2001, prescribe the regulations 
regarding emergency essential employees of the Department 
of Defense required under subsection (a) of section 1580a of 
such title (as added by subsection(c)). 
SEC. 752. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY. 
(a) No COPAYMENT FOR IMMEDIATE FAMILY.—Section 1097a 
of title 10, United States Code, is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
"(e) No CoPAYMENT FOR IMMEDIATE FAMILY.—No copayment 
shall be charged a member for care provided under TRICARE 
Prime to a dependent of a member of the uniformed services 
described in subparagraph (A), (D), or (I) of section 1072 of this 
title.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect 180 days after the date of the enactment 
of this Act, and shall apply with respect to care provided on or 
after that date. 
SEC. 753. MEDICAL IP^'ORMATICS. 
(a) ADDITIONAL MATTERS FOR ANNUAL REPORT ON MEDICAL 
INFORMATICS 
ADVISORY 
COMMITTEE.—Section 
723(d)(5) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is amended to 
read as follows: 
"(5) The Secretary of Defense shall submit to Congress an 
annual report on medical informatics. The report shall include 
a discussion of the following matters: 
"(A) The activities of the Committee. 
"(B) The coordination of development, deployment, and 
maintenance of health care informatics systems within the 
Federal Government, and between the Federal Government 
and the private sector. 
"(C) The progress or growth 
occurring in medical 
informatics. 
114 STAT. 1654A-196 
PUBLIC LAW 106-398—APPENDIX 
"(D) How the TRICARE program and the Department of 
Veterans Affairs health care system can use the advancement 
of knowledge in medical informatics to raise the standards 
of health care and treatment and the expectations for improving 
health care and treatment.". 
(b) LIMITATION ON FISCAL YEAR 2001 FUNDING FOR PHARMA-
CEUTICALS-RELATED MEDICAL INFORMATICS.—Of the funds author-
ized to be appropriated under section 301(22), any amounts used 
for pharmaceuticals-related informatics may be used only for the 
following: 
(J) Commencement of the implementation of a new comput-
erized medical record, including an automated entry order sys-
tem for pharmaceuticals and an infrastructure network that 
is compliant with the provisions enacted in the Health Insur-
ance Portability and Accountability Act of 1996 (Public Law 
104-191; 110 Stat. 1936), to make all relevant clinical informa-
tion on beneficiaries under the Defense Health Program avail-
able when needed. 
(2) An integrated pharmacy system under the Defense 
Health Program that creates a single profile for all pharma-
ceuticals for such beneficiaries prescribed at military medical 
treatment facilities or private pharmacies that are part of the 
Department of Defense pharmacy network. 
SEC. 754. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
a patient care error reporting and management system. 
(b) PURPOSES OF SYSTEM.—The purposes of the system are 
as follows: 
(1) To study the occurrences of errors in the patient care 
provided under chapter 55 of title 10, United States Code. 
(2) To identify the systemic factors that are associated 
with such occurrences. 
(3) To provide for action to be taken to correct the identified 
systemic factors. 
(c) REQUIREMENTS FOR SYSTEM.—The patient care error report-
ing and management system shall include the following: 
(1) A hospital-level patient safety center, within the quality 
assurance department of each health care organization of the 
Department of Defense, to collect, assess, and report on the 
nature and frequency of errors related to patient care. 
(2) For each health care organization of the Department 
of Defense and for the entire Defense health program, patient 
safety standards that are necessary for the development of 
a full understanding of patient safety issues in each such 
organization and the entire program, including the nature and 
types of errors and the systemic causes of the errors. 
(3) Establishment of a Department of Defense Patient 
Safety Center within the Armed Forces Institute of Pathology, 
which shall have the following missions: 
(A) To analyze information on patient care errors that 
is submitted to the Center by each military health care 
organization. 
(B) To develop action plans for addressing patterns 
of patient care errors. 
(C) To execute those action plans to mitigate and con-
trol errors in patient care with a goal of ensuring that 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-197 
the health care organizations of the Department of Defense 
provide highly reliable patient care with virtually no error. 
(D) To provide, through the Assistant Secretary of 
Defense for Health Affairs, to the Agency for Healthcare 
Research and Quality of the Department of Health and 
Human Services any reports that the Assistant Secretary 
determines appropriate. 
(E) To review and integrate processes for reducing 
errors associated with patient care and for enhancing 
patient safety. 
(F) To contract with a qualified and objective external 
organization to manage the national patient safety data-
base of the Department of Defense. 
(d) MEDTEAMS PROGRAM.—The Secretary shall expand the 
health care team coordination program to integrate that program 
into all Department of Defense health care operations. In carrying 
out this subsection, the Secretary shall take the following actions: 
(1) Establish not less than two Centers of Excellence for 
the development, validation, proliferation, and sustainment of 
the health care team coordination program, one of which shall 
support all fixed military health care organizations, the other 
of which shall support all combat casualty care organizations. 
(2) Deploy the program to all fixed and combat casualty 
care organizations of each of the Armed Forces, at the rate 
of not less than 10 organizations in each fiscal year. 
(3) Expand the scope of the health care team coordination 
program from a focus on emergency department care to a 
coverage that includes care in all major medical specialties, 
at the rate of not less than one specialty in each fiscal year. 
(4) Continue research and development investments to 
improve communication, coordination, and team work in the 
provision of health care. 
(e) CONSULTATION.—The Secretary shall consult with the other 
administering Secretaries (as defined in section 1072(3) of title 
10, United States Code) in carrying out this section. 
SEC. 
755. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY 
DETAILING RESERVE OFFICERS OF THE PUBLIC HEALTH 
SERVICE. 
(a) AUTHORITY.—The Secretary of the Army and the Secretary 
of Health and Human Services may jointly conduct a program 
to augment the Army Medical Department by exercising any 
authorities provided to those officials in law for the detailing of 
reserve commissioned officers of the Public Health Service not in 
an active status to the Army Medical Department for that purpose. 
(b) AGREEMENT.—^The Secretary of the Army and the Secretary 
of Health and Human Services shall enter into an agreement 
governing any program conducted under subsection (a). 
(c) ASSESSMENT.—(1) The Secretary of the Army shall review 
the laws providing the authorities described in subsection (a) and 
assess the adequacy of those laws for authorizing— 
(A) the Secretary of Health and Human Services to detail 
reserve commissioned officers of the Public Health Service not 
in an active status to the Army Medical Department to augment 
that department; and 
(B) the Secretary of the Army to accept the detail of such 
officers for that purpose. 
114 STAT. 1654A-198 
PUBLIC LAW 106-398—APPENDIX 
(2) The Secretary shall complete the review and assessment 
under paragraph (1) not later than 90 days after the date of the 
enactment of this Act. 
(d) REPORT TO CONGRESS.—Not later than March 1, 2001, the 
Secretary of the Army shall submit a report on the results of 
the review and assessment under subsection (c) to the Committees 
on Armed Services of the Senate and the House of Representatives. 
The report shall include the following: 
(1) The findings resulting from the review and assessment. 
(2) Any proposal for legislation that the Secretary rec-
ommends to strengthen the authority of the Secretary of Health 
and Human Services and the authority of the Secretary of 
the Army to take the actions described in subparagraphs (A) 
and (B), respectively, of subsection (c)(1). 
(e) CONSULTATION REQUIREMENT.—The Secretary of the Army 
shall consult with the Secretary of Health and Human Services 
in carrying out the review and assessment under subsection (c) 
and in preparing the report (including making recommendations) 
under subsection (d). 
SEC. 756. PRIVACY OF DEPARTMENT OF DEFENSE MEDICAL RECORDS. 
(a) COMPREHENSIVE PLAN.—Not later than April 1, 2001, the 
Secretary of Defense shall submit to Congress a comprehensive 
plan to improve privacy protections for medical records maintained 
by the Department of Defense. Such plan shall be consistent with 
the regulations promulgated under section 264(c) of the Health 
Insurance Portability and Accountability Act of 1996 (Public Law 
104-191; 42 U.S.C. 1320d-2 note). 
(b) INTERIM REGULATIONS.—(1) Notwithstanding any other 
provision of law, the Secretary shall prescribe interim regulations, 
pending full implementation of the comprehensive plan described 
in subsection (a), to improve privacy protections for medical records 
maintained by the Department of Defense. 
(2) The regulations prescribed under paragraph (1) shall provide 
maximum protections for privacy consistent with such actions that 
the Secretary determines are necessary for purposes of national 
security, law enforcement, patient treatment, public health report-
ing, accreditation and licensure review activities, external peer 
review and other quality assurance program activities, payment 
for health care services, fraud and abuse prevention, judicial and 
administrative proceedings, research consistent with regulations 
on Govemmentwide protection of human subjects. Department of 
Veterans Affairs benefit programs, and any other purposes identi-
fied by the Secretary for the responsible management of the military 
health care system. 
SEC. 
757. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED 
REIMBURSEMENT RATES; REPORTS. 
(a) IN GENERAL.—Section 1079(h) of title 10, United States 
Code, is amended by adding at the end the following new paragraph: 
"(5) To assure access to care for all covered beneficiaries, the 
Secretary of Defense, in consultation with the other administering 
Secretaries, shall designate specific rates for reimbursement for 
services in certain localities if the Secretary determines that without 
payment of such rates access to health care services would be 
severely impaired. Such a determination shall be based on consider-
ation of the number of providers in a locality who provide the 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-199 
services, the number of such providers who are CHAMPUS partici-
pating providers, the number of covered beneficiaries 
under 
CHAMPUS in the locahty, the availabiUty of military providers 
in the location or a nearby location, and any other factors deter-
mined to be relevant by the Secretary.". 
(b) REPORTS.—(1) Not later than March 31, 2001, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives and the General 
Accounting Office a report on actions taken to carry out section 
1079(h)(5) of title 10, United States Code (as added by subsection 
(a)) and section 1097b of such title. 
(2) Not later than May 1, 2001, the Comptroller General shall 
submit to Congress a report analyzing the utility o
f
— 
(A) increased reimbursement authorities with respect to 
ensuring the availability of network providers and nonnetwork 
providers under the TRICARE program to covered beneficiaries 
under chapter 55 of such title; and 
(B) requiring a reimbursement limitation of 70 percent 
of usual and customary rates rather than 115 percent of maxi-
mum allowable charges under the Civilian Health and Medical 
Program of the Uniformed Services. 
(3)(A) Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the extent to which physicians are choosing not to 
participate in contracts for the furnishing of health care in rural 
States under chapter 55 of title 10, United States Code. The report 
shall include the following: 
(i) The number of physicians in rural States who are 
withdrawing from participation, or otherwise refusing to partici-
pate, in the health care contracts. 
(ii) The reasons for the withdrawals and refusals, 
(iii) The actions that the Secretary of Defense can take 
to encourage more physicians to participate in the health care 
contracts. 
(iv) Any recommendations for legislation that the Secretary 
considers necessary to encourage more physicians to participate 
in the health care contracts. 
(B) In this paragraph, the term "rural State" means a State 
that has, on average, as determined by the Bureau of the Census 
in the latest decennial census— 
(i) fewer than 76 residents per square mile; and 
(ii) fewer than 211 actively practicing physicians (not count-
ing physicians employed by the United States) per 100,000 
residents. 
SEC. 758. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES. 
(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 
is amended by inserting after section 1074h (as added by section 
706) the following new section: 
"§ 10741. Reimbursement for certain travel expenses 
"In any case in which a covered beneficiary is referred by 
a primary care physician to a specialty care provider who provides 
services more than 100 miles from the location in which the primary 
114 STAT. 1654A-200 
PUBLIC LAW 106-398—APPENDIX 
care provider provides services to the covered beneficiary, the Sec-
retary shall provide reimbursement for reasonable travel expenses 
for the covered beneficiary.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1074g the following new item: 
"10741. Reimbursement for certain travel expenses.". 
SEC. 759. REDUCTION OF CAP ON PAYMENTS. 
Section 1086(b)(4) of title 10, United States Code, is amended 
by striking "$7,500" and inserting "$3,000". 
SEC. 760. TRAINING IN HEALTH CARE MANAGEMENT AND ADMINISTRA-
TION. 
(a) EXPANSION OF PROGRAM.—Section 715(a) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104— 
106; 110 Stat. 375; 10 U.S.C. 1073 note) is amended— 
(1) in the matter preceding paragraph (1), by striking "Not 
later than six months after the date of the enactment of this 
Act, the" and inserting "The"; 
(2) in paragraph (1)— 
(A) by inserting ", deputy commander, and managed 
care coordinator" after "commander"; and 
(B) by inserting ", and any other person," after 
"Defense"; and 
(3) by amending subsection (b) to read as follows: 
"(b) LIMITATION ON ASSIGNMENT UNTIL COMPLETION OF TRAIN-
ING.—No person may be assigned as the commander, deputy com-
mander, or managed care coordinator of a military medical treat-
ment facility or as a TRICARE lead agent or senior member of 
the staff of a TRICARE lead agent office until the Secretary of 
the military department concerned submits a certification to the 
Secretary of Defense that such person has completed the training 
described in subsection (a).". 
(b) REPORT REQUIREMENT.—(1) Not later than 18 months after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on progress in meeting the 
requirements of section 715 of such Act (as amended by subsection 
(a)) by implementing a professional educational program to provide 
appropriate training in health care management and administra-
tion. 
(2) The report required by paragraph (1) shall include the 
following: 
(A) A survey of professional civilian certifications and 
credentials which demonstrate achievement of the requirements 
of such section. 
(B) A description of the continuing education activities 
required to obtain initial certification and periodic required 
recertification. 
(C) A description of the prominence of such credentials 
or certifications among senior civilian health care executives. 
(c) APPLICABILITY.—The amendments made by subsection (a) 
to section 715 of such Act— 
(1) shall apply to a deputy commander, a managed care 
coordinator of a military medical treatment facility, or a lead 
agent for coordinating the delivery of health care by military 
and civilian providers under the TRICARE program, who is 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-201 
assigned to such position on or after the date that is one 
year after the date of the enactment of this Act; and 
(2) may apply, in the discretion of the Secretary of Defense, 
to a deputy commander, a managed care coordinator of such 
a faciUty, or a lead agent for coordinating the delivery of 
such health care, who is assigned to such position before the 
date that is one year after the date of the enactment of this 
Act. 
SEC. 
761. STUDIES ON FEASIBILITY OF SHARING BIOMEDICAL 
RESEARCH FACILITY. 
(a) STUDIES REQUIRED.—(1) The Secretary of the Army shall 
conduct a study on the feasibility of the Tripler Army Medical 
Center, Hawaii, sharing a biomedical research facility with the 
Department of Veterans Affairs and the School of Medicine at 
the University of Hawaii for the purpose of making more efficient 
use of funding for biomedical research. 
(2) The Secretary of the Air Force shall conduct a study on 
the feasibility of the Little Rock Medical Facility, Arkansas, sharing 
a biomedical research facility with the Department of Veterans 
Affairs and the School of Medicine at the University of Arkansas 
for the purpose of making more efficient use of funding for bio-
medical research. 
(3) The biomedical research facilities described in paragraphs 
(1) and (2) would include a clinical research center and facilities 
for educational, academic, and laboratory research. 
(b) REPORTS.—Not later than March 1, 2001— 
(1) the Secretary of the Army shall submit to the Commit-
tees on Armed Services of the House of Representatives and 
the Senate a report on the study conducted under subsection 
(a)(1); and 
(2) the Secretary of the Air Force shall submit to such 
committees a report on the study conducted under subsection 
(a)(2). 
SEC. 762. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL, 
SPEECH, AND OCCUPATIONAL THERAPIES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study comparing coverage and reimbursement for covered bene-
ficiaries under chapter 55 of title 10, United States Code, for phys-
ical, speech, and occupational therapies under the TRICARE pro-
gram and the Civilian Health and Medical Program of the Uni-
formed Services to coverage and reimbursement for such therapies 
by insurers under Medicare and the Federal Employees Health 
Benefits Program. The study shall examine the following: 
(1) Types of services covered. 
(2) Whether prior authorization is required to receive such 
services. 
(3) Reimbursement limits for services covered. 
(4) Whether services are covered on both an inpatient and 
outpatient basis. 
(b) REPORT.—Not later than March 31, 2001, the Secretary 
shall submit a report on the findings of the study conducted under 
this section to the Committees on Armed Services of the Senate 
and the House of Representatives. 
114 STAT. 1654A-202 
PUBLIC LAW 106-398—APPENDIX 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
SUBTITLE A—AMENDMENTS TO GENERAL CONTRACTING AUTHORITIES, PROCEDURES, 
AND LIMITATIONS 
Sec. 801. Department of Defense acquisition pilot programs. 
Sec. 802. Multiyear services contracts. 
Sec. 803. Clarification and extension of authority to carry out certain prototype 
f
)rojects. 
arification of authority of Comptroller General to review records of par-
ticipants in certain prototype projects. 
Sec. 805. Extension of time period of limitation on procurement of ball bearings and 
roller bearings. 
Sec. 806. Reporting requirements relating to multiyear contracts. 
Sec. 807. Eligibility of small business concerns owned and controlled by women for 
assistance under the mentor-protege program. 
Sec. 808. Qualifications required for employment and assignment in contracting po-
sitions. 
Sec. 809. Revision of authority for solutions-based contracting pilot program. 
Sec. 810. Procurement notice of contracting opportunities through electronic means. 
SUBTITLE B—INFORMATION TECHNOLOGY 
Sec. 811. Acquisition and management of information technology. 
Sec. 812. Tracking and management of information technology purchases. 
Sec. 813. Appropriate use of requirements regarding experience and education of 
contractor personnel in the procurement of information technology serv-
ices. 
Sec. 814. Navy-Marine Corps Intranet. 
Sec. 815. Sense of Congress regarding information technology systems for Guard 
and Reserve components. 
SUBTITLE C—OTHER ACQUISITION-RELATED MATTERS 
Sec. 821. Improvements in procurements of services. 
Sec. 822. Financial analysis of use of dual rates for quantifying overhead costs at 
Army ammunition plants. 
Sec. 823. Repeal of prohibition on use of Department of Defense funds for procure-
ment of nuclear-capable shipyard crane from a foreign source. 
Sec. 824. Extension of waiver period for live-fire survivability testing for MH-47E 
and MH-60K helicopter modification programs. 
Sec. 825. Compliance with existing law regarding purchases of equipment and 
products. 
Sec. 826. Requirement to disregard certain agreements in awarding contracts for 
the purchase of firearms or ammunition. 
SUBTITLE D—STUDIES AND REPORTS 
Sec. 831. Study on impact of foreign sourcing of systems on long-term military 
readiness and related industrial infrastructure. 
Sec. 832. Study of policies and procedures for transfer of commercial activities. 
Sec. 833. Study and report on practice of contract bundling in military construction 
contracts. 
Sec. 834. Requirement to conduct study on contract bundling. 
Subtitle A—^Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 801. DEPARTMENT OF DEFENSE ACQUISITION PILOT PROGRAMS. 
(a) EXTENSION OF AUTHORITY.—Section 5064(d)(2) of the Fed-
eral Acquisition Streamlining Act of 1994 (Public Law 103-355; 
108 Stat. 3361; 10 U.S.C. 2430 note) is amended by striking "45 
days after the date of the enactment of this Act and ends on 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-203 
September 30, 1998" and inserting "on October 13, 1994, and ends 
on October 1, 2007". 
(b) EXPANSION OF J D A M PROGRAM.—Section 5064(a)(2) of such 
Act is amended by striking "1000-pound and 2000-pound bombs" 
and inserting "500-pound, 1000-pound, and 2000-pound bombs". 
(c) REPORT REQUIRED.—(1) Not later than January 1, 2001, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a report 
on the acquisition pilot programs of the Department of Defense. 
The report shall describe, for each acquisition program identified 
in section 5064(a) of the Federal Acquisition Streamlining Act of 
1994, the following: 
(A) Each quantitative measure £ind goal established for 
each item described in paragraph (2), which of such goals 
have been achieved, and the extent to which the use of the 
authorities in section 809 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2430 
note) and section 5064 of the Federal Acquisition Streamlining 
Act of 1994 was a factor in achieving each of such goals. 
(B) Recommended revisions to statutes or the Federal 
Acquisition Regulation as a result of participation in the pilot 
program. 
(C) Any innovative business practices developed as a result 
of participation in the pilot program, whether such business 
practices could be applied to other acquisition programs, and 
any impediments to application of such practices to other pro-
grams. 
(D) Technological changes to the program, and to what 
extent those changes affected the items in paragraph (2). 
(E) Any other information determined appropriate by the 
Secretary. 
(2) The items under this paragraph are, with respect to defense 
acquisition programs, the following: 
(A) The acquisition management costs. 
(B) The unit cost of the items procured. 
(C) The acquisition cycle. 
(D) The total cost of carrying out the contract. 
(E) Staffing necessary to carry out the program. 
^ 
SEC. 802. MULTIYEAR SERVICES CONTRACTS. 
(a) IN GENERAL.—(1) Chapter 137 of title 10, United States 
Code, is amended by inserting after section 2306b the following: 
"§ 2306c. Multiyear contracts: acquisition of services 
"(a) AUTHORITY.—Subject to subsections (d) and (e), the head 
of an agency may enter into contracts for periods of not more 
than five years for services described in subsection (b), and for 
items of supply related to such services, for which funds would 
otherwise be available for obligation only within the fiscal year 
for which appropriated whenever the head of the agency finds 
that— 
"(1) there will be a continuing requirement for the services 
consonant with current plans for the proposed contract period; 
"(2) the furnishing of such services will require a substan-
tial initial investment in plant or equipment, or the incurrence 
of substantial contingent liabilities for the assembly, training, 
or transportation of a specialized work force; and 
114 STAT. 1654A-204 
PUBLIC LAW 106-398—APPENDIX 
"(3) the use of such a contract will promote the best 
interests of the United States by encouraging effective competi-
tion and promoting economies in operation. 
"(b) COVERED SERVICES.—The authority under subsection (a) 
applies to the following types of services: 
"(1) Operation, maintenance, and support of facilities and 
installations. 
"(2) Maintenance or modification of aircraft, ships, vehicles, 
and other highly complex military equipment. 
"(3) Specialized training necessitating high quality instruc-
tor skills (for example, pilot and air crew members; foreign 
language training). 
"(4) Base services (for example, ground maintenance; in-
plane refueling; bus transportation; refuse collection and dis-
posal). 
"(c) APPLICABLE PRINCIPLES.—In entering into multiyear con-
tracts for services under the authority of this section, the head 
of the agency shall be guided by the following principles: 
"(1) The portion of the cost of any plant or equipment 
amortized as a cost of contract performance should not exceed 
the ratio between the period of contract performance and the 
anticipated useful commercial life of such plant or equipment. 
Useful commercial life, for this purpose, means the commercial 
utility of the facilities rather than the physical life thereof, 
with due consideration given to such factors as location of 
facilities, specialized nature thereof, and obsolescence. 
"(2) Consideration shall be given to the desirability of 
obtaining an option to renew the contract for a reasonable 
period not to exceed three years, at prices not to include charges 
for plant, equipment and other nonrecurring costs, already 
amortized. 
"(3) Consideration shall be given to the desirability of 
reserving in the agency the right, upon payment of the 
unamortized portion of the cost of the plant or equipment, 
to take title thereto under appropriate circumstances. 
"(d) RESTRICTIONS APPLICABLE GENERALLY.—(1) The head of 
an agency may not initiate under this section a contract for services 
that includes an unfunded 
contingent liability in excess of 
$20,000,000 unless the committees of Congress named in paragraph 
(5) are notified of the proposed contract at least 30 days in advance 
of the award of the proposed contract. 
"(2) The head of an agency may not initiate a multiyear contract 
for services under this section if the value of the multiyear contract 
would exceed $500,000,000 unless authority for the contract is 
specifically provided by law. 
"(3) The head of an agency may not terminate a multiyear 
procurement contract for services until 10 days after the date on 
which notice of the proposed termination is provided to the commit-
tees of Congress named in paragraph (5). 
"(4) Before any contract described in subsection (a) that contains 
a clause setting forth a cancellation ceiling in excess of $100,000,000 
may be awarded, the head of the agency concerned shall give 
written notification of the proposed contract and of the proposed 
cancellation ceiling for that contract to the committees of Congress 
named in paragraph (5), and such contract may not then be awarded 
until the end of a period of 30 days beginning on the date of 
such notification. 
PUBLIC LAW 106-39&—APPENDIX 
114 STAT. 1654A-205 
"(5) The committees of Congress referred to in paragraphs 
(1), (3), and (4) are as follows: 
"(A) The Committee on Armed Services and the Committee 
on Appropriations of the Senate. 
"(B) The Committee on Armed Services and the Committee 
on Appropriations of the House of Representatives. 
"(e) CANCELLATION OR TERMINATION FOR INSUFFICIENT FUNDING 
AFTER FIRST YEAR.—In the event that funds are not made available 
for the continuation of a multiyear contract for services into a 
subsequent fiscal year, the contract shall be canceled or terminated, 
and the costs of cancellation or termination may be paid from— 
"(1) appropriations originally available for the performance 
of the contract concerned; 
"(2) appropriations currently available for procurement of 
the t5T)e of services concerned, and not otherwise obligated; 
or 
"(3) funds appropriated for those payments. 
"(f) MULTIYEAR CONTRACT DEFINED.—For the purposes of this 
section, a multiyear contract is a contract for the purchase of 
services for more than one, but not more than five, program years. 
Such a contract may provide that performance under the contract 
during the second and subsequent years of the contract is contingent 
upon the appropriation of funds and (if it does so provide) may 
provide for a cancellation payment to be made to the contractor 
if such appropriations are not made.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2306b 
the following: 
"2306c. Multiyear contracts: acquisition of services.". 
(b) REFERENCE TO RELOCATED AUTHORITY.—Subsection (g) of 
section 2306 of such title is amended to read as follows: 
"(g) Multiyear contracting authority for the acquisition of serv-
ices is provided in section 2306c of this title.". 
(c) CONFORMING AMENDMENT.—Section 2306b(k) of title 10, 
United States Code, is amended by striking "or services". 
(d) APPLICABILITY.—Section 2306c of title 10, United States 
Code (as added by subsection (a)), shall apply with respect to 
contracts for which solicitations of offers are issued after the date 
of the enactment of this Act. 
SEC. 803. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY 
OUT CERTAIN PROTOTYPE PROJECTS. 
(a) AMENDMENTS TO AUTHORITY.—Section 845 of the National 
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) is amended— 
(1) by redesignating subsection (d) as subsection (f); and 
(2) by inserting after subsection (c) the following new sub-
sections: 
"(d) APPROPRD^TE USE OF AUTHORITY.—(1) The Secretary of 
Defense shall ensure that no official of an agency enters into a 
transaction (other than a contract, grant, or cooperative agreement) 
for a protot5T)e project under the authority of this section unless— 
"(A) there is at least one nontraditional defense contractor 
participating to a significant extent in the prototype project; 
or 
114 STAT. 1654A-206 
PUBLIC LAW 106-398—APPENDIX 
"(B) no nontraditional defense contractor is participating 
to a significant extent in the prototype project, but at least 
one of the following circumstances exists: 
"(i) At least one third of the total cost of the prototype 
project is to be paid out of funds provided by parties to 
the transaction other than the Federal Government. 
"(ii) The senior procurement executive for the agency 
(as designated for the purposes of section 16(3) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 414(3)) 
determines in writing that exceptional circumstances jus-
tify the use of a transaction that provides for innovative 
business arrangements or structures that would not be 
feasible or appropriate under a contract. 
"(2)(A) Except as provided in subparagraph (B), the amounts 
counted for the purposes of this subsection as being provided, or 
to be provided, by a party to a transaction with respect to a 
prototype project that is entered into under this section other than 
the Federal Government do not include costs that were incurred 
before the date on which the transaction becomes effective. 
"(B) Costs that were incurred for a prototype project by a 
party after the beginning of negotiations resulting in a transaction 
(other than a contract, grant, or cooperative agreement) with respect 
to the project before the date on which the transaction becomes 
effective may be counted for purposes of this subsection as being 
provided, or to be provided, by the party to the transaction if 
and to the extent that the official responsible for entering into 
the transaction determines in writing that— 
"(i) the party incurred the costs in anticipation of entering 
into the transaction; and 
"(ii) it was appropriate for the party to incur the costs 
before the transaction became effective in order to ensure the 
successful implementation of the transaction. 
"(e) NONTRADITIONAL DEFENSE CONTRACTOR DEFINED.—In this 
section, the term 'nontraditional defense contractor' means an entity 
that has not, for a period of at least one year prior to the date 
that a transaction (other than a contract, grant, or cooperative 
agreement) for a prototype project under the authority of this sec-
tion is entered into, entered into or performed with respect to— 
"(1) any contract that is subject to full coverage under 
the cost accounting standards prescribed pursuant to section 
26 of the Office of Federal Procurement PoHcy Act (41 U.S.C. 
422) and the regulations implementing such section; or 
"(2) any other contract in excess of $500,000 to carry out 
prototype projects or to perform basic, applied, or advanced 
research projects for a Federal agency, that is subject to the 
Federal Acquisition Regulation.". 
(b) EXTENSION OF AUTHORITY.—Subsection (f) of such section, 
as redesignated by subsection (a)(1), is amended by striking 
"September 30, 2001" and inserting "September 30, 2004". 
SEC, 
804. 
CLARIFICATION 
OF 
AUTHORITY 
OF 
COMPTROLLER 
GENERAL 
TO REVIEW RECORDS OF PARTICIPANTS IN 
CERTAIN 
PROTOTYPE 
PROJECTS. 
(a) COMPTROLLER GENERAL REVIEW.—Section 845(c) of the 
National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 
2371 note) is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-207 
(1) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3)(A) The right provided to the Comptroller General in a 
clause of an agreement under paragraph (1) is limited as provided 
in subparagraph (B) in the case of a party to the agreement, 
an entity that participates in the performance of the agreement, 
or a subordinate element of that party or entity if the only agree-
ments or other transactions that the party, entity, or subordinate 
element entered into with Government entities in the year prior 
to the date of that agreement are cooperative agreements or trans-
actions that were entered into under this section or section 2371 
of title 10, United States Code. 
"(B) The only records of a party, other entity, or subordinate 
element referred to in subparagraph (A) that the Comptroller Gen-
eral may examine in the exercise of the right referred to in that 
subparagraph are records of the same type as the records that 
the Government has had the right to examine under the audit 
access clauses of the previous agreements or transactions referred 
to in such subparagraph that were entered into by that particular 
party, entity, or subordinate element.". 
SEC. 805. EXTENSION OF TIME PERIOD OF LIMITATION ON PROCURE-
MENT OF BALL BEARINGS AND ROLLER BEARINGS. 
Section 2534(c)(3) of title 10, United States Code, is amended 
by striking "October 1, 2000" and inserting "October 1, 2005". 
SEC. 806. REPORTING REQUIREMENTS RELATING TO MULTIYEAR CON-
TRACTS. 
Section 2306b(l) of title 10, United States Code, is amended— 
(1) in paragraph (4)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "The head of an agency" and all that follows through 
"following information" and inserting "Not later than the 
date of the submission of the President's budget request 
under section 1105 of title 31, the Secretary of Defense 
shall submit a report to the congressional defense commit-
tees each year, providing the following information with 
respect to each multiyear contract (and each extension 
of an existing multiyear contract) entered into, or planned 
to be entered into, by the head of an agency during the 
current or preceding year"; and 
(B) in subparagraph (B), by striking "in effect imme-
diately before the contract (or contract extension) is entered 
into" and inserting "in effect at the time the report is 
submitted"; 
(2) by redesignating paragraphs (5) through (9) as para-
graphs (6) through (10), respectively; and 
(3) by inserting after paragraph (4) the following new para-
graph (5): 
"(5) The head of an agency may not enter into a multiyear 
contract (or extend an existing multiyear contract), the value of 
which would exceed $500,000,000 (when entered into or when 
extended, as the case may be), until the Secretary of Defense 
submits to the congressional defense committees a report containing 
the information described in paragraph (4) with respect to the 
contract (or contract extension).". 
114 STAT. 1654A-208 
PUBLIC LAW 106-398—APPENDIX 
SEC. 807. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND 
CONTROLLED BY WOMEN FOR ASSISTANCE UNDER THE 
MENTOR-PROTEGE PROGRAM. 
Section 831(m)(2) of the National Defense Authorization Act 
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) 
is amended— 
(1) by striking "or" at the end of subparagraph (C); 
(2) by striking the period at the end of subparagraph (D) 
and inserting "; or"; and 
(3) by adding at the end the following: 
"(E) a small business concern owned and controlled 
by women, as defined in section 8(d)(3)(D) of the Small 
Business Act (15 U.S.C. 637(d)(3)(D)).". 
SEC. 808. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND ASSIGN-
MENT IN CONTRACTING POSITIONS. 
(a) 
APPLICABILITY OF REQUIREMENTS TO MEMBERS OF THE 
ARMED FORCES.—Section 1724 of title 10, United States Code, is 
amended in the first sentence of subsection (d)— 
(1) by striking "employee of" and inserting "employee or 
member of"; and 
(2) 
by 
striking 
"employee 
possesses" 
and 
inserting 
"employee or member possesses". 
(b) 
MANDATORY ACADEMIC QUALIFICATIONS.—(1) Subsection 
(a)(3) of such section is amended— 
(A) by inserting "and" before "(B)"; and 
(B) by striking ", or (C)" and all that follows through 
"listed in subparagraph (B)". 
(2) Subsection (b) of such section is amended to read as follows: 
"(b) GS-1102 SERIES POSITIONS AND SIMILAR MILITARY POSI-
TIONS.—The Secretary of Defense shall require that a person meet 
the requirements set forth in paragraph (3) of subsection (a), but 
not the other requirements set forth in that subsection, in order 
to qualify to serve in a position in the Department of Defense 
in— 
"(1) the GS-1102 occupational series; or 
"(2) a similar occupational specialty if the position is to 
be filled by a member of the armed forces.". 
(c) EXCEPTION.—Subsection (c) of such section is amended to 
read as follows: 
"(c) EXCEPTION.—The requirements imposed under subsection 
(a) or (b) shall not apply to a person for the purpose of qualifying 
to serve in a position in which the person is serving on September 
30, 2000.". 
(d) DELETION OF UNNECESSARY CROSS REFERENCES.—Sub-
section (a) of such section is amended by striking "(except as pro-
vided in subsections (c) and (d))" in the matter preceding paragraph 
(1). 
(e) EFFECTIVE DATE.—This section, and the amendments made 
by this section, shall take effect on October 1, 2000, and shall 
apply to appointments and assignments to contracting positions 
made on or after that date. 
SEC. 
809. 
REVISION 
OF 
AUTHORITY 
FOR 
SOLUTIONS-BASED 
CONTRACTING PILOT PROGRAM. 
(a) PILOT PROJECTS UNDER THE PROGRAM.—Section 5312 of 
the CUnger-Cohen Act of 1996 (40 U.S.C. 1492) is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-209 
(1) in subsection (a), by striking "subsection (d)(2)" and 
inserting "subsection (d)"; and 
(2) by striking subsection (d) and inserting the following: 
"(d) 
PILOT 
PROGRAM PROJECTS.—The Administrator 
shall 
authorize to be carried out under the pilot program— 
"(1) not more than 10 projects, each of which has an esti-
mated cost of at least $25,000,000 and not more than 
$100,000,000; and 
"(2) not more than 10 projects for small business concerns, 
each of which has an estimated cost of at least $1,000,000 
and not more than $5,000,000.". 
(b) ELIMINATION OF REQUIREMENT FOR FEDERAL FUNDING OF 
PROGRAM DEFINITION PHASE.—Subsection (c)(9)(B) of such section 
is amended by striking "program definition phase (funded, in the 
case of the source ultimately awarded the contract, by the Federal 
Government)—" and inserting "program definition phase—". 
SEC. 810. PROCUREMENT NOTICE OF CONTRACTING OPPORTUNITIES 
THROUGH ELECTRONIC MEANS. 
(a) PUBLICATION BY ELECTRONIC MEANS.—Subsection (a) of sec-
tion 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 
416) is amended— 
(1) in paragraph (1)(A), by striking "furnish for publication 
by the Secretary of Commerce" and inserting "publish"; 
(2) by striking paragraph (2) and inserting the following: 
"(2)(A) A notice of solicitation required to be published under 
paragraph (1) may be published— 
"(i) by electronic means that meets the requirements for 
accessibility under paragraph (7); or 
"(ii) by the Secretary of Commerce in the Commerce Busi-
ness Daily. 
"(B) The Secretary of Commerce shall promptly publish in 
the Commerce Business Daily each notice or announcement received 
under this subsection for publication by that means."; and 
(3) by adding at the end the following: 
"(7) A publication of a notice of solicitation by electronic means 
meets the requirements for accessibility under this paragraph if 
the notice is electronically accessible in a form that allows conven-
ient and universal user access through the single Government-
wide point of entry designated in the Federal Acquisition Regula-
tion.". 
(b) WAITING PERIOD FOR ISSUANCE OF SOLICITATION.—Para-
graph (3) of such subsection is amended— 
(1) in the matter preceding subparagraph (A), by striking 
"furnish a notice to the Secretary of Commerce" and inserting 
"publish a notice of solicitation"; and 
(2) in subparagraph (A), by striking "by the Secretary of 
Commerce". 
(c) CONFORMING AMENDMENTS TO SMALL BUSINESS ACT.—Sub-
section (e) of section 8 of the Small Business Act (15 U.S.C. 637) 
is amended— 
(1) in paragraph (1)(A), by striking "furnish for publication 
by the Secretary of Commerce" and inserting "publish"; 
(2) by striking paragraph (2) and inserting the following: 
"(2)(A) A notice of solicitation required to be published under 
paragraph (1) may be published— 
114 STAT. 1654A-210 
PUBLIC LAW 106-398—APPENDIX 
"(i) by electronic means that meet the accessibility require-
ments under section 18(a)(7) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 416(a)(7)); or 
"(ii) by the Secretary of Commerce in the Commerce Busi-
ness Daily. 
"(B) The Secretary of Commerce shall promptly publish in 
the Commerce Business Daily each notice or announcement received 
under this subsection for publication by that means."; and 
(3) in paragraph (3)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "furnish a notice to the Secretary of Commerce" and 
inserting "publish a notice of solicitation"; and 
(B) in subparagraph (A), by striking "by the Secretary 
of Commerce". 
(d) 
PERIODIC REPORTS ON IMPLEMENTATION OF ELECTRONIC 
COMMERCE IN FEDERAL PROCUREMENT.—Section 30(e) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 426(e)) is amended— 
(1) in the first sentence, by striking "Not later than March 
1, 1998, and every year afterward through 2003" and inserting 
"Not later than March 1 of each even-numbered year through 
2004"; and 
(2) in paragraph (4)— 
(A) by striking "Beginning with the report submitted 
on March 1, 1999, an" and inserting "An"; and 
(B) by striking "calendar year" and inserting "two fiscal 
years". 
(e) EFFECTIVE DATE; APPLICABILITY.—The amendments made 
by this section shall take effect on October 1, 2000. The amendments 
made by subsections (a), (b), and (c) shall apply with respect to 
solicitations issued on or after that date. 
Subtitle B—Information Technology 
SEC. 811. ACQUISITION AND MANAGEMENT OF INFORMATION TECH-
NOLOGY. 
(a) 
RESPONSIBILITY OF D O D 
CHIEF INFORMATION OFFICER 
RELATING TO MISSION CRITICAL AND MISSION ESSENTIAL INFORMA-
TION TECHNOLOGY SYSTEMS.—Section 2223(a) of title 10, United 
States Code, is amended— 
(1) i
D
y striking "and" at the end of paragraph (3); 
(2) by striking the period at the end of paragraph (4) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(5) maintain a consolidated inventory of Department of 
Defense mission critical and mission essential information sys-
tems, identify interfaces between those systems and other 
information systems, and develop and maintain contingency 
plans for responding to a disruption in the operation of any 
of those information systems.". 
(b) MINIMUM PLANNING REQUIREMENTS FOR THE ACQUISITION 
OF INFORMATION TECHNOLOGY SYSTEMS.—(1) Not later than 60 
days after the date of the enactment of this Act, Department of 
Defense Directive 5000.1 shall be revised to establish minimum 
planning requirements for the acquisition of information technology 
systems. 
(2) The revised directive required by (1) shall— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-211 
(A) include definitions of the terms "mission critical 
information system" and "mission essential information sys-
tem"; 
(B) prohibit the award of any contract for the acquisition 
of a mission critical or mission essential information technology 
system until— 
(i) the system has been registered with the Chief 
Information Officer of the Department of Defense; 
(ii) the Chief Information Officer has received all 
information on the system that is required under the direc-
tive to be provided to that official; and 
(iii) the Chief Information Officer has determined that 
there is in place for the system an appropriate information 
assurance strategy; and 
(C) require that, in the case of each system registered 
pursuant to subparagraph (B)(i), the information required 
under subparagraph (B)(ii) to be submitted as part of the reg-
istration shall be updated on not less than a quarterly basis. 
(c) MILESTONE APPROVAL FOR MAJOR AUTOMATED INFORMATION 
SYSTEMS.—The revised directive required by subsection (b) shall 
prohibit Milestone I approval, Milestone II approval, or Milestone 
III approval (or the equivalent) of a major automated information 
system within the Department of Defense until the Chief Informa-
tion Officer has determined that— 
(1) the system is being developed in accordance with the 
requirements of division E of the Clinger-Cohen Act of 1996 
(40 U.S.C. 1401 et seq.); 
(2) appropriate actions have been taken with respect to 
the system in the areas of business process reengineering, 
analysis of alternatives, economic analysis, and performance 
measures; and 
(3) the system has been registered as described in sub-
section (b)(2)(B). 
(d) NOTICE OF REDESIGNATION OF SYSTEMS.—(1) Whenever dur-
ing fiscal year 2001, 2002, or 2003 the Chief Information Officer 
designates a system previously designated as a major automated 
information system to be in a designation category other than 
a major automated information system, the Chief Information Offi-
cer shall notify the congressional defense committees of that des-
ignation. The notice shall be provided not later than 30 days after 
the date of that designation. Any such notice shall include the 
rationale for the decision to make the designation and a description 
of the program management oversight that will be implemented 
for the system so designated. 
(2) Not later than 60 days after the date of the enactment 
of this Act, the Chief Information Officer shall submit to the 
congressional defense committees a report specifying each informa-
tion system of the Department of Defense previously designated 
as a major automated information system that is currently des-
ignated in a designation category other than a major automated 
information system including designation as a "special interest 
major technology initiative". The report shall include for each such 
system the information specified in the third sentence of paragraph 
(1). 
(e) ANNUAL IMPLEMENTATION REPORT.—(1) The Secretary of 
Defense shall submit to the congressional defense committees, not 
later than April 1 of each of fiscal years 2001, 2002, and 2003, 
114 STAT. 1654A-212 
PUBLIC LAW 106-398—APPENDIX 
a report on the implementation of the requirements of this section 
during the preceding fiscal year. 
(2) The report for a fiscal year under paragraph (1) shall 
include, at a minimum, for each major automated information sys-
tem that was approved during such preceding fiscal year under 
Department of Defense Directive 5000.1 (as revised pursuant to 
subsection (b)), the following: 
(A) The funding baseline. 
(B) The milestone schedule. 
(C) The actions that have been taken to ensure compliance 
with the requirements of this section and the directive. 
(3) The first report shall include, in addition to the information 
required by paragraph (2), an explanation of the manner in which 
the responsible officials within the Department of Defense have 
addressed, or intend to address, the following acquisition issues 
for each major automated information system planned to be 
acquired after that fiscal year: 
(A) Requirements definition. 
(B) Presentation of a business case analysis, including an 
analysis of alternatives and a calculation of return on invest-
ment. 
(C) Performance measurement. 
(D) Test and evaluation. 
(E) Interoperability. 
(F) Cost, schedule, and performance baselines. 
(G) Information assurance. 
(H) Incremental fielding and implementation. 
(I) Risk mitigation. 
(J) The role of integrated product teams. 
(K) Issues arising from implementation of the Command, 
Control, Communications, Computers, Intelligence, Surveil-
lance, and Reconnaissance Plan required by Department of 
Defense Directive 5000.1 and Chairman of the Joint Chiefs 
of Staff Instruction 3170.01. 
(L) Oversight, including the Chief Information Officer's 
oversight of decision reviews. 
(f) DEFINITIONS.—In this section: 
(1) The term "Chief Information Officer" means the senior 
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United 
States Code. 
(2) The term "information technology system" has the 
meaning given the term "information technology" in section 
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401). 
(3) The term "major automated information system" has 
the meaning given that term in Department of Defense Direc-
tive 5000. L 
SEC. 812. TRACKING AND MANAGEMENT OF INFORMATION TECH-
NOLOGY PURCHASES. 
(a) IN GENERAL.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^'§2225. Information technology purchases: tracking and 
management 
"(a) COLLECTION OF DATA REQUIRED.—To improve tracking and 
management of information technology products and services by 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-213 
the Department of Defense, the Secretary of Defense shall provide 
for the collection of the data described in subsection (b) for each 
purchase of such products or services made by a military depart-
ment or Defense Agency in excess of the simplified acquisition 
threshold, regardless of whether such a purchase is made in the 
form of a contract, task order, delivery order, military interdepart-
mental purchase request, or any other form of interagency agree-
ment. 
"(b) DATA TO BE COLLECTED.—^The data required to be collected 
under subsection (a) includes the following: 
"(1) The products or services purchased. 
"(2) Whether the products or services are categorized as 
commercially available off-the-shelf items, other commercial 
items, nondevelopmental items other than commercial items, 
other noncommercial items, or services. 
"(3) The total dollar amount of the purchase. 
"(4) The form of contracting action used to make the pur-
chase. 
"(5) In the case of a purchase made through an agency 
other than the Department of Defense— 
"(A) the agency through which the purchase is made; 
and 
"(B) the reasons for making the purchase through that 
agency. 
"(6) The type of pricing used to make the purchase (whether 
fixed price or another type of pricing). 
"(7) The extent of competition provided in making the 
purchase. 
"(8) A statement regarding whether the purchase was made 
from— 
"(A) a small business concern; 
"(B) a small business concern owned and controlled 
by socially and economically disadvantaged individuals; or 
"(C) a small business concern owned and controlled 
by women. 
"(9) A statement regarding whether the purchase was made 
in compliance with the planning requirements under sections 
5122 and 5123 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
1422, 1423). 
"(c) RESPONSIBILITY TO ENSURE FAIRNESS OF CERTAIN PRICES.— 
The head of each contracting activity in the Department of Defense 
shall have responsibility for ensuring the fairness and reasonable-
ness of unit prices paid by the contracting activity for information 
technology products and services that are frequently purchased 
commercially available off-the-shelf items. 
"(d) 
LIMITATION ON CERTAIN PURCHASES.—No purchase 
of 
information technology products or services in excess of the sim-
plified acquisition threshold shall be made for the Department 
of Defense from a Federal agency outside the Department of Defense 
unless— 
"(1) the purchase data is collected in accordance with sub-
section (a); or 
"(2)(A) in the case of a purchase by a Defense Agency, 
the purchase is approved by the Under Secretary of Defense 
for Acquisition, Technology, and Logistics; or 
114 STAT. 1654A-214 
PUBLIC LAW 106-398—APPENDIX 
"(B) in the case of a purchase by a military department, 
the purchase is approved by the senior procurement executive 
of the mihtary department. 
"(e) ANNUAL REPORT.—Not later than March 15 of each year, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
containing a summary of the data collected in accordance with 
subsection (a). 
"(f) DEFINITIONS.—In this section: 
"(1) The term 'senior procurement executive', with respect 
to a military department, means the official designated as 
the senior procurement executive for the military department 
for the purposes of section 16(3) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 414(3)). 
"(2) The term 'simplified acquisition threshold' has the 
meaning given the term in section 4(11) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403(11)). 
"(3) The term 'small business concern' means a business 
concern that meets the applicable size standards prescribed 
pursuant to section 3(a) of the Small Business Act (15 U.S.C. 
632(a)). 
"(4) The term 'small business concern owned and controlled 
by socially and economically disadvantaged individuals' has 
the meaning given that term in section 8(d)(3)(C) of the Small 
Business Act (15 U.S.C. 637(d)(3)(C)). 
"(5) The term 'small business concern owned and controlled 
by women' has the meaning given that term in section 8(d)(3)(D) 
of the Small Business Act (15 U.S.C. 637(d)(3)(D)).". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following: 
"2225. Information technology purchases: tracking and management.". 
(b) TIME FOR IMPLEMENTATION; APPLICABILITY.—(1) The Sec-
retary of Defense shall collect data as required under section 2225 
of title 10, United States Code (as added by subsection (a)) for 
all contractual actions covered by such section entered into on 
or after the date that is one year after the date of the enactment 
of this Act. 
(2) Subsection (d) of such section shall apply with respect 
to purchases described in that subsection for which solicitations 
of offers are issued on or after the date that is one year after 
the date of the enactment of this Act. 
(c) GAO REPORT.—Not later than 15 months after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report on the collection 
of data under such section 2225. The report shall include the 
Comptroller General's assessment of the extent to which the collec-
tion of data meets the requirements of that section. 
SEC. 813. APPROPRIATE USE OF REQUIREMENTS REGARDING EXPERI-
ENCE AND E D U C A T I O N OF CONTRACTOR PERSONNEL IN 
THE 
PROCUREMENT OF INFORMATION TECHNOLOGY 
SERVICES. 
(a) AMENDMENT OF THE FEDERAL ACQUISITION REGULATION.— 
Not later than 180 days after the date of the enactment of this 
Act, the Federal Acquisition Regulation issued in accordance with 
sections 6 and 25 of the Office of Federal Procurement Policy 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-215 
Act (41 U.S.C. 405 and 421) shall be amended to address the 
use, in the procurement of information technology services, of 
requirements regarding the experience and education of contractor 
personnel. 
(b) CONTENT OF AMENDMENT.—The amendment issued pursu-
ant to subsection (a) shall, at a minimum, provide that solicitations 
for the procurement of information technology services shall not 
set forth any minimum experience or educational requirement for 
proposed contractor personnel in order for a bidder to be eligible 
for award of a contract unless— 
(1) the contracting officer first determines that the needs 
of the executive agency cannot be met without any such require-
ment; or 
(2) the needs of the executive agency require the use of 
a type of contract other than a performance-based contract. 
(c) GAO REPORT.—Not later than one year after the date on 
which the regulations required by subsection (a) are published 
in the Federal Register, the Comptroller General shall submit to 
Congress an evaluation o
f
— 
(1) executive agency compliance with the regulations; and 
(2) conformance of the regulations with existing law, 
together with any recommendations that the Comptroller Gen-
» 
eral considers appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term "executive agency" has the meaning given 
that term in section 4(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(1)). 
(2) The term "information technology" has the meaning 
given that term in section 5002(3) of the Clinger-Cohen Act 
of 1996 (40 U.S.C. 1401(3)). 
(3) The term "performance-based", with respect to a con-
tract, means that the contract includes the use of performance 
work statements that set forth contract requirements in clear, 
specific, and objective terms with measurable outcomes. 
SEC. 814. NAVY-MARINE CORPS INTRANET. 
(a) LIMITATION.—None of the funds authorized to be appro-
priated for the Department of the Navy may be obligated or 
expended to carry out a Navy-Marine Corps Intranet contract 
before— 
(1) the Comptroller of the Department of Defense and 
the Director of the Office of Management and Budget— 
(A) have reviewed— 
(i) the Report to Congress on the Navy-Marine 
Corps Intranet submitted by the Department of the 
Navy on June 30, 2000; and 
(ii) the Business Case Analysis Supplement for 
the Report to Congress on the Navy-Marine Corps 
Intranet submitted by the Department of the Navy 
on July 15, 2000; and 
(B) have provided their written comments to the Sec-
retary of the Navy and the Chief of Naval Operations; 
and 
(2) the Secretary of the Navy and the Chief of Naval 
Operations have submitted to Congress a joint certification 
that they have reviewed the business case for the contract 
79-194 O - 00 - 9 : QL 3 Part 3 
114 STAT. 1654A-216 
PUBLIC LAW 106-398—APPENDIX 
and the comments provided by the Comptroller of the Depart-
ment of Defense and the Director of the Office of Management 
and 
Budget 
and 
that 
they have 
determined 
that 
the 
implementation of the contract is in the best interest of the 
Department of the Navy. 
(b) PHASED IMPLEMENTATION.—(1) Upon the submission of the 
certification under subsection (a)(2), the Secretary of the Navy 
may commence a phased implementation of a Navy-Marine Corps 
Intranet contract. 
(2) Not more than 15 percent of the total number of work 
stations to be provided under the Navy-Marine Corps Intranet 
program may be provided in the first increment of implementation 
of the Navy-Marine Corps Intranet contract. 
(3) No work stations in excess of the number permitted by 
paragraph (2) may be provided under the program until— 
(A) the Secretary of the Navy has conducted operational 
testing and cost review of the increment covered by that para-
graph; 
(B) the Chief Information Officer of the Department of 
Defense has certified to the Secretary of the Navy that the 
results of the operational testing of the Intranet are acceptable; 
(C) the Comptroller of the Department of Defense has 
certified to the Secretary of the Navy that the cost review 
provides a reliable basis for forecasting the cost impact of 
continued implementation; and 
(D) the Secretary of the Navy and the Chief of Naval 
Operations have submitted to Congress a joint certification 
that they have reviewed the certifications submitted under 
subparagraphs (B) and (C) and have determined that the 
continued implementation of the contract is in the best interest 
of the Department of the Navy. 
(4) No increment of the Navy-Marine Corps Intranet that is 
implemented during fiscal year 2001 may include any activities 
of the Marine Corps, the naval shipyards, or the naval aviation 
depots. Funds available for fiscal year 2001 for activities of the 
Marine Corps, the naval shipyards, or the naval aviation depots 
may not be expended for any contract for the Navy-Marine Corps 
Intranet. 
(c) PROHIBITION ON INCREASE OF RATES CHARGED.—^The Sec-
retary of the Navy shall ensure that rates charged by a working 
capital funded industrial facility of the Department of the Navy 
for goods or services provided by such facility are not increased 
during fiscal year 2001 for the purpose of funding the Navy-Marine 
Corps Intranet contract. 
(d) APPLICABILITY OF STATUTORY AND REGULATORY REQUIRE-
MENTS.—^The acquisition of a Navy-Marine Corps Intranet shall 
be managed by the Department of the Navy in accordance with 
the requirements of— 
(1) the Clinger-Cohen Act of 1996 (divisions D and E of 
Public Law 104-106), including the requirement for utilizing 
modular contracting in accordance with section 38 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 434); and 
(2) Department of Defense Directives 5000.1 and 5000.2-
R and all other directives, regulations, and management con-
trols that are applicable to major investments in information 
technology and related services. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-217 
(e) IMPACT ON FEDERAL EMPLOYEES.—The Secretary shall miti-
gate any adverse impact of the implementation of the Navy-Marine 
Corps Intranet on civilian employees of the Department of the 
Navy who, as of the date of the enactment of this Act, are perform-
ing functions that are included in the scope of the Navy-Marine 
Corps Intranet program by— 
(1) developing a comprehensive plan for the transition of 
such employees to the performance of other functions within 
the Department of the Navy; 
(2) taking full advantage of transition authorities available 
for the benefit of employees; 
(3) encouraging the retraining of employees who express 
a desire to qualify for reassignment to the performance of 
other functions within the Department of the Navy; and 
(4) including a provision in the Navy-Marine Corps Intranet 
contract that requires the contractor to provide a preference 
for hiring employees of the Department of the Navy who, as 
of the date of the enactment of this Act, are performing func-
tions that are included in the scope of the contract. 
(f) NAVY-MARINE CORPS INTRANET CONTRACT DEFINED.—In this 
section, the term "Navy-Marine Corps Intranet contract" means 
a contract providing for a long-term arrangement of the Department 
of the Navy with the commercial sector that imposes on the contrac-
tor a responsibility for, and transfers to the contractor the risk 
of, providing and managing the significant majority of desktop, 
server, infrastructure, and communication assets and services of 
the Department of the Navy. 
SEC. 815. SENSE OF CONGRESS REGARDING INFORMATION TECH-
NOLOGY SYSTEMS FOR GUARD AND RESERVE COMPO-
^
' 
/ •^C- 
NENTS. 
It is the sense of Congress— 
(1) that the Secretary of Defense should take appropriate 
steps to provide for upgrading information technology systems 
of the reserve components to ensure that those systems are 
capable, as required for mission purposes, of communicating 
,. 
with other relevant information technology systems of the mili-
tary department concerned and of the Depsirtment of Defense 
in general; and 
(2) that the Secretary of each military department should 
: 
ensure that communications systems for the reserve compo-
nents under the Secretary's jurisdiction receive appropriate 
funding for information technology systems in order to achieve 
the capability referred to in paragraph (1). 
SUBTITLE C—OTHER ACQUISITION-RELATED MATTERS 
SEC. 821. IMPROVEMENTS IN PROCUREMENTS OF SERVICES. 
(a) PREFERENCE FOR PERFORMANCE-BASED SERVICE CONTRACT-
ING.—Not later than 180 days after the date of the enactment 
of this Act, the Federal Acquisition Regulation issued in accordance 
with sections 6 and 25 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 405 and 421) shall be revised to establish a pref-
erence for use of contracts and task orders for the purchase of 
services in the following order of precedence: 
114 STAT. 1654A-218 
PUBLIC LAW 106-398—APPENDIX 
(1) A performance-based contract or performance-based 
task order that contains firm fixed prices for the specific tasks 
to be performed. 
(2) Any other performance-based contract or performance-
based task order. 
(3) Any contract or task order that is not a performance-
based contract or a performance-based task order. 
(b) INCENTIVE FOR USE OF PERFORMANCE-BASED SERVICE CON-
TRACTS.—(1) A Department of Defense performance-based service 
contract or performance-based task order may be treated as a 
contract for the procurement of commercial items if— 
(A) the contract or task order is valued at $5,000,000 
or less; 
(B) the contract or task order sets forth specifically each 
task to be performed and, for each task— 
(i) defines the task in measurable, mission-related 
terms; 
(ii) identifies the specific end products or output to 
be achieved; and 
(iii) contains a firm fixed price; and 
(C) the source of the services provides similar services 
contemporaneously to the general public under terms and condi-
tions similar to those offered to the Federal Government. 
(2) The special simplified procedures provided in the Federal 
Acquisition Regulation pursuant to section 2304(g)(1)(B) of title 
10, United States Code, shall not apply to a performance-based 
service contract or performance-based task order that is treated 
as a contract for the procurement of commercial items under para-
graph (1). 
(3) Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General shall submit a report on 
the implementation of this subsection to the congressional defense 
committees. 
(4) The authority under this subsection shsdl not apply to 
contracts entered into or task orders issued more than 3 years 
after the date of the enactment of this Act. 
(c) CENTERS OF EXCELLENCE IN SERVICE CONTRACTING.—^Not 
later than 180 days after the date of the enactment of this Act, 
the Secretary of each military department shall establish at least 
one center of excellence in contracting for services. Each center 
of excellence shall assist the acquisition community by identif3dng, 
and serving as a clearinghouse for, best practices in contracting 
for services in the public and private sectors. 
(d) ENHANCED TRAINING IN SERVICE CONTRACTING.—(1) 
The 
Secretary of Defense shall ensure that classes focusing specifically 
on contracting for services are offered by the Defense Acquisition 
University and the Defense Systems Management College and are 
otherwise available to contracting personnel throughout the Depart-
ment of Defense. 
(2) The Secretary of each military department and the head 
of each Defense Agency shall ensure that the personnel of the 
department or agency, as the case may be, who are responsible 
for the awarding and management of contracts for services receive 
appropriate training that is focused specifically on contracting for 
services. 
(e) DEFINITIONS.—In this section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-219 
(1) The term "performance-based", with respect to a con-
tract, a task order, or contracting, means that the contract, 
task order, or contracting, respectively, includes the use of 
performance work statements that set forth contract require-
ments in clear, specific, and objective terms with measurable 
outcomes. 
(2) The term "commercial item" has the meaning given 
the term in section 4(12) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(12)). 
(3) The term "Defense Agency" has the meaning given 
the term in section 101(a)(ll) of title 10, United States Code. 
SEC. 822. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR QUAN-
TIFYING OVERHEAD COSTS AT ARMY AMMUNITION 
PLANTS. 
(a) REQUIREMENT FOR ANALYSIS.—The Secretary of the Army 
shall carry out a financial analysis of the costs that would be 
incurred and the benefits that would be derived from the 
implementation of a policy of using— 
(1) one set of rates for quantifying the overhead costs 
associated with Government-owned ammunition plants of the 
Department of the Army when allocating those costs to contrac-
tors operating the plants; and 
(2) another set of rates for quantifying the overhead costs 
to be allocated to the operation of such plants by employees 
of the United States. 
(b) REPORT.—Not later than February 15, 2001, the Secretary 
shall submit to the congressional defense committees a report on 
the results of the analysis carried out under subsection (a). The 
report shall include the following: 
(1) The costs and benefits identified in the analysis under 
subsection (a). 
(2) The risks to the United States of implementing a dual-
rate policy described in subsection (a). 
(3) The effects that a use of dual rates under such a 
policy would have on the defense industrial base of the United 
States. 
SEC. 823. 
REPEAL OF 
PROHIBITION 
ON 
USE 
OF 
DEPARTMENT 
OF 
DEFENSE FUNDS FOR 
PROCUREMENT OF NUCLEAR-
CAPABLE 
SHIPYARD 
CRANE 
FROM 
A 
FOREIGN 
SOURCE. 
Section 8093 of the Department of Defense Appropriations Act, 
2000 (PubUc Law 106-79; 113 Stat. 1253), is amended by striking 
subsection (d), relating to a prohibition on the use of Department 
of Defense funds to procure a nuclear-capable shipyard crane from 
a foreign source. 
SEC. 824. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE SURVIV-
ABILITY TESTING FOR MH-47E AND MH-60K HELICOPTER 
MODIFICATION PROGRAMS. 
(a) 
EXISTING 
WAIVER 
PERIOD 
NOT APPLICABLE.—Section 
2366(c)(1) of title 10, United States Code, shall not apply with 
respect to survivability and lethality tests for the MH-47E and 
MH-60K helicopter modification programs. Except as provided in 
the previous sentence, the provisions and requirements in section 
2366(c) of such title shall apply with respect to such programs, 
and the certification required by subsection (b) shall comply with 
the requirements in paragraph (3) of such section. 
114 STAT. 1654A-220 
PUBLIC LAW 106-398—APPENDIX 
(b) EXTENDED PERIOD FOR WAIVER.—With respect to the MH-
47E and MH-60K hehcopter modification programs, the Secretary 
of Defense may waive the application of the survivability and 
lethality tests described in section 2366(a) of title 10, United States 
Code, if the Secretary, before full materiel release of the MH-
47E and MH-60K helicopters for operational use, certifies to Con-
gress that live-fire testing of the programs would be unreasonably 
expensive and impracticable. 
(c) CONFORMING AMENDMENT.—Section 142(a) of the National 
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 106 Stat. 2338) is amended by striking "and survivability 
testing" in paragraphs (1) and (2). 
SEC. 825. COMPLIANCE WITH EXISTING LAW REGARDING PURCHASES 
OF EQUIPMENT AND PRODUCTS. 
(a) SENSE OF CONGRESS REGARDING PURCHASE BY THE DEPART-
MENT OF DEFENSE OF EQUIPMENT AND PRODUCTS.—It is the sense 
of Congress that any entity of the Department of Defense, in expend-
ing funds authorized by this Act for the purchase of equipment 
or products, should fully comply with the Buy American Act (41 
U.S.C. 10a et seq.) and section 2533 of title 10, United States 
Code. 
(b) DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT USE 
OF "MADE IN AMERICA" LABELS.—If the Secretary of Defense deter-
mines that a person has been convicted of intentionally affixing 
a label bearing a "Made in America" inscription, or another inscrip-
tion with the same meaning, to any product sold in or shipped 
to the United States that is not made in the United States, the 
Secretary shall determine, in accordance with section 2410f of title 
10, United States Code, whether the person should be debarred 
from contracting with the Department of Defense. 
SEC. 826. REQUIREMENT TO DISREGARD CERTAIN AGREEMENTS IN 
AWARDING CONTRACTS FOR THE PURCHASE OF FIRE-
ARMS OR AMMUNITION. 
In accordance with the requirements contained in the amend-
ments enacted in the Competition in Contracting Act of 1984 (title 
VII of division B of Public Law 98-369; 98 Stat. 1175), the Secretary 
of Defense may not, in awarding a contract for the purchase of 
firearms or ammunition, take into account whether a manufacturer 
or vendor of firearms or ammunition is a party to an agreement 
under which the manufacturer or vendor agrees to adopt limitations 
with respect to importing, manufacturing, or dealing in firearms 
or ammunition in the commercial market. 
Subtitle D—Studies and Reports 
SEC. 831. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS 
ON LONG-TERM MILITARY READINESS AND RELATED 
INDUSTRIAL INFRASTRUCTURE. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study analyzing in detail— 
(1) the amount and sources of parts, components, and mate-
rials of the systems described in subsection (b) that are obtained 
from foreign sources; 
(2) the impact of obtaining such parts, components, and 
materials from foreign sources on the long-term readiness of 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-221 
the Armed Forces and on the economic viabiHty of the national 
technology and industrial base; 
(3) the impact on military readiness that would result 
from the loss of the ability to obtain parts, components, and 
materials identified pursuant to paragraph (1) from foreign 
sources; and 
(4) the availability of domestic sources for parts, compo-
nents, and materials identified as being obtained from foreign 
sources pursuant to paragraph (1). 
(b) SYSTEMS.—The systems referred to in subsection (a) are 
the following: 
(1) AH-64D Apache helicopter. 
(2) F/A-18 E/F aircraft. 
(3) M1A2 Abrams tank. 
(4) AIM-120 AMRAAM missile. 
(5) Patriot missile ground station. 
(6) Hellfire missile. 
(c) SOURCE OF INFORMATION.—The Secretary shall collect 
information to be analyzed under the study from prime contractors 
and first and second tier subcontractors. 
(d) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to Congress 
a report describing the results of the study required by this section. 
(e) DEFINITIONS.—In this section: 
(1) The term "domestic source" means a person or organiza-
tion that falls within the term "national technology and indus-
trial base", as defined in section 2500(1) of title 10, United 
States Code. 
(2) The term "foreign source" means a person or organiza-
tion that does not fall within the meaning of the term "national 
technology and industrial base", as defined in such section. 
(3) The term "national technology and industrial base" 
has the meaning given that term in such section. 
SEC. 832. STUDY OF POLICIES AND PROCEDURES FOR TRANSFER OF 
COMMERCIAL ACTIVITIES. 
(a) GAO-CONVENED PANEL.—The Comptroller General shall 
convene a panel of experts to study the policies and procedures 
governing the transfer of commercial activities for the Federal 
Government from Government personnel to a Federal contractor, 
including— 
(1) procedures for determining whether functions should 
continue to be performed by Government personnel; 
(2) procedures for comparing the costs of performance of 
functions by Government personnel and the costs of perform-
ance of such functions by Federal contractors; 
(3) implementation by the Department of Defense of the 
Federal Activities Inventory Reform Act of 1998 (Public Law 
105-270; 31 U.S.C. 501 note); and 
(4) procedures of the Department of Defense for public-
private competitions pursuant to the Office of Management 
and Budget Circular A-76. 
(b) COMPOSITION OF PANEL.—(1) The Comptroller General shall 
appoint highly qualified and knowledgeable persons to serve on 
the panel and shall ensure that the following entities receive fair 
representation on the panel: 
(A) The Department of Defense. 
114 STAT. 1654A-222 
PUBLIC LAW 106-398—APPENDIX 
(B) Persons in private industry. 
(C) Federal labor organizations. 
(D) The Office of Management and Budget. 
(2) For the purposes of the requirement for fair representation 
under paragraph (1), persons serving on the panel under subpara-
graph (C) of that paragraph shall not be counted as persons serving 
on the panel under subparagraph (A), (B), or (D) of that paragraph. 
(c) CHAIRMAN.—The Comptroller General, or an individual 
within the General Accounting Office designated by the Comptroller 
General, shall be the chairman of the panel. 
(d) PARTICIPATION BY OTHER INTERESTED PARTIES.—The chair-
man shall ensure that all interested parties, including individuals 
who are not represented on the panel who are officers or employees 
of the United States, persons in private industry, or representatives 
of Federal labor organizations, have the opportunity to submit 
information and views on the matters being studied by the panel. 
(e) INFORMATION FROM AGENCIES.—The panel may request 
directly from any department or agency of the United States any 
information that the panel considers necessary to carry out a mean-
ingful study of the policies and procedures described in subsection 
(a), including the Office of Management and Budget Circular A-
76 process. To the extent consistent with applicable laws and regula-
tions, the head of such department or agency shall furnish the 
requested information to the panel. 
(f) REPORT.—Not later than May 1, 2002, the Comptroller 
General shall submit the report of the panel on the results of 
the study to Congress, including recommended changes with respect 
to implementation of policies and enactment of legislation. 
(g) DEFINITION.—In this section, the term "Federal labor 
organization" has the meaning given the term "labor organization" 
in section 7103(a)(4) of title 5, United States Code. 
SEC. 833. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING 
IN MILITARY CONSTRUCTION CONTRACTS. 
(a) STUDY REQUIRED.—The Comptroller General of the United 
States shall conduct a study regarding the use of the practice 
known as "contract bundling" with respect to military construction 
contracts. 
(b) REPORT.—Not later than February 1, 2001, the Comptroller 
General shall submit to the committees on Armed Services of the 
Senate and the House of Representatives a report on the results 
of the study conducted under subsection (a). 
SEC. 834. 
REQUIREMENT 
TO 
CONDUCT STUDY 
ON 
CONTRACT 
BUN-
DLING. 
(a) IN GENERAL.—^The Secretary of Defense shall conduct a 
comprehensive study on the practice known as "contract bundling" 
by the Department of Defense, and the effects of such practice 
on small business concerns, small business concerns owned and 
controlled by socially and economically disadvantaged individuals, 
small business concerns owned and controlled by women, and 
historically underutilized business zones (as such terms are used 
in the Small Business Act (15 U.S.C. 631 et seq.)). 
(b) DEADLINE.—The Secretary shall submit the results of the 
study to the Committees on Armed Services and Small Business 
of the Senate and the House of Representatives before submission 
of the budget request of the Department of Defense for fiscal year 
2002. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-223 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
SUBTITLE A—DUTIES AND FUNCTIONS OF DEPARTMENT OF DEFENSE OFFICERS 
Sec. 901. Overall supervision of Department of Defense activities for combating ter-
rorism. 
Sec. 902. Change of title of certain positions in the Headquarters, Marine Corps. 
Sec. 903. Clarification of scope of Inspector General authorities under military 
whistleblower law. 
Sec. 904. Policy to ensure conduct of science and technology programs so as to fos-
ter the transition of science and technology to higher levels of research, 
development, test, and evaluation. 
Sec. 905. Additional components of Chairman of the Joint Chiefs of staff annual re-
I 
port on combatant command requirements. 
SUBTITLE B—DEPARTMENT OF DEFENSE ORGANIZATIONS 
Sec. 911. Western Hemisphere Institute for Security Cooperation. 
Sec. 912. Department of Defense regional centers for security studies. 
Sec. 913. Change in name of Armed Forces Staff College to Joint Forces Staff Col-
lege. 
Sec. 914. Special authority for administration of Navy Fisher Houses. 
Sec. 915. Supervisory control of Armed Forces Retirement Home board by Sec-
retary of Defense. 
Sec. 916. Semiannual report on Joint Requirements Oversight Council reform ini-
tiative. 
Sec. 917. Comptroller General review of operations of Defense Logistics Agency. 
Sec. 918. Comptroller General review of operations of Defense Information Systems 
Agency. 
- 
^ 
SUBTITLE C—INFORMATION SECURITY 
Sec. 921. Institute for Defense Computer Security and Information Protection. 
Sec. 922. Information security scholarship program. 
SUBTITLE D—REPORTS 
Sec. 931. Date of submittal of reports on shortfalls in equipment procurement and 
military construction for the reserve components in future-years defense 
programs. 
Sec. 932. Report on number of personnel assigned to legislative liaison functions. 
Sec. 933. Joint report on establishment of national collaborative information analy-
sis capability. 
Sec. 934. Network centric warfare. 
Sec. 935. Report on Air Force Institute of Technology. 
SUBTITLE E—OTHER MATTERS 
Sec. 941. Flexibility in implementation of limitation on major Department of De-
fense headquarters activities personnel. 
Sec. 942. Consolidation of certain Navy gift funds. 
Sec. 943. Temporary authority to dispose of a gift previously accepted for the Naval 
Academy. 
ti 
Subtitle A—Duties and Functions of 
Department of Defense Officers 
SEC. 901. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE 
ACTIVITIES FOR COMBATING TERRORISM. 
Section 138(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(6)(A) One of the Assistant Secretaries, as designated by the 
Secretary of Defense from among those Assistant Secretaries with 
responsibilities that include responsibilities related to combating 
terrorism, shall have, among that Assistant Secretary's duties, the 
duty to provide overall direction and supervision for policy, program 
114 STAT. 1654A-224 
PUBLIC LAW 106-398—APPENDIX 
planning and execution, and allocation and use of resources for 
the activities of the Department of Defense for combating terrorism, 
including 
antiterrorism 
activities, 
counterterrorism 
activities, 
terrorism consequences management activities, and terrorism-
related intelligence support activities. 
"(B) The Assistant Secretary designated under subparagraph 
(A) shall be the principal civilian adviser to the Secretary of Defense 
on combating terrorism and (after the Secretary and Deputy Sec-
retary) shall be the principal official within the senior management 
of the Department of Defense responsible for combating terrorism. 
"(C) If the Secretary of Defense designates under subparagraph 
(A) an Assistant Secretary other than the Assistant Secretary of 
Defense for Special Operations and Low Intensity Conflict, then 
the responsibilities of the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict related to combating terror-
ism shall be exercised subject to subparagraph (B).". 
SEC. 902. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE HEAD-
QUARTERS, MARINE CORPS. 
(a) INSTITUTION OF POSITIONS AS DEPUTY COMMANDANTS.— 
Section 5041(b) of title 10, United States Code, is amended— 
(1) by striking paragraphs (3) through (5) and inserting 
the following: 
"(3) The Deputy Commandants."; and 
(2) by redesignating paragraphs (6) and (7) as paragraphs 
(4) and (5), respectively. 
(b) DESIGNATION OF DEPUTY COMMANDANTS.—(1) Section 5045 
of such title is amended to read as follows: 
*
*
§ 5045. Deputy Commandants 
"There are in the Headquarters, Marine Corps, not more than 
five Deputy Commandants, detailed by the Secretary of the Navy 
from officers on the active-duty list of the Marine Corps.". 
(2) The item relating to section 5045 in the table of sections 
at the beginning of chapter 506 of such title is amended to read 
as follows: 
"5045. Deputy Commandants.". 
(c) CONFORMING AMENDMENT.—Section 1502(7)(D) of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended 
to read as follows: 
"(D) the Deputy Commandant of the Marine Corps 
with responsibility for personnel matters.". 
SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR 
GENERAL 
AUTHORITIES UNDER MILITARY WHISTLEBLOWER LAW. 
(a) CLARIFICATION OF RESPONSIBILITIES.—Subsection (c)(3)(A) 
of section 1034 of title 10, United States Code, is amended by 
inserting ", in accordance with regulations prescribed under sub-
section (h)," after "shall expeditiously determine". 
(b) REDEFINITION OF INSPECTOR GENERAL.—Subsection (i)(2) 
of such section is amended— 
(1) by inserting "any of" in the matter preceding subpara-
graph (A) after "means"; 
(2) by striking subparagraphs (C), (D), (E), (F) and (G); 
and 
(3) by inserting after subparagraph (B) the following new 
subparagraph (C): 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-225 
"(C) Any officer of the armed forces or employee of 
the Department of Defense who is assigned or detailed 
to serve as an Inspector General at any level in the Depart-
ment of Defense.". 
SEC. 904. POLICY TO ENSURE CONDUCT OF SCIENCE AND TECH-
NOLOGY PROGRAMS SO AS TO FOSTER THE TRANSITION 
OF SCIENCE AND TECHNOLOGY TO HIGHER LEVELS OF 
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 
(a) IN GENERAL.—(1) Chapter 139 of title 10, United States 
Code, is amended by inserting after section 2358 the following 
new section: 
''§2359. Science and technology programs to be conducted 
so as to foster the transition of science and tech-
nology to higher levels of research, development, 
test, and evaluation 
"(a) POLICY.—Each official specified in subsection (b) shall 
ensure that the management and conduct of the science and tech-
nology programs under the authority of that official are carried 
out in a manner that will foster the transition of science and 
technology to higher levels of research, development, test, and 
evaluation. 
"(b) COVERED OFFICIALS.—Subsection (a) applies to the follow-
ing officials of the Department of Defense: 
"(1) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. 
"(2) The Secretary of each military department. 
"(3) The Director of the Defense Advanced Research 
Projects Agency. 
"(4) The directors and heads of other offices and agencies 
of the Department of Defense with assigned research, develop-
ment, test, and evaluation responsibilities.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 2358 
the following new item: 
"2359. Science and technology programs to be conducted so as to foster the transi-
tion of science and technology to higher levels of research, development, 
test, and evaluation.". 
(b) OFFICE OF NAVAL RESEARCH.—Section 5022(b) of title 10, 
United States Code, is amended— 
(1) by striking "and" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) the execution of, and management responsibility for, 
programs for which funds are provided in the basic and applied 
research and advanced technology categories of the Department 
of the Navy research, development, test, and evaluation budget 
in such a manner that will foster the transition of science 
and technology to higher levels of research, development, test, 
and evaluation.". 
114 STAT. 1654A-226 
PUBLIC LAW 106-398—APPENDIX 
SEC. 905. ADDITIONAL COMPONENTS OF CHAIRMAN OF THE JOINT 
CHIEFS OF STAFF ANNUAL REPORT ON COMBATANT 
COMMAND REQUIREMENTS. 
(a) ADDITIONAL COMPONENTS.—Section 153(d)(1) of title 10, 
United States Code, is amended by adding at the end the following 
new subparagraphs: 
"(C) A description of the extent to which the most recent 
fiiture-years defense program (under section 221 of this title) 
addresses the requirements on the consolidated lists. 
"(D) A description of the funding proposed in the President's 
budget for the next fiscal year, and for the subsequent fiscal 
years covered by the most recent future-years defense program, 
to address each deficiency in readiness identified during the 
joint readiness review conducted under section 117 of this title 
for the first quarter of the current fiscal year.". 
(b) TIME FOR SUBMISSION.—Such section is further amended 
by striking "Not later than August 15 of each year," and inserting 
"At or about the time that the budget is submitted to Congress 
for a fiscal year under section 1105(a) of title 31,". 
Subtitle B—Department of Defense 
Organizations 
SEC. 911. WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERA-
TION. 
(a) IN GENERAL.—Chapter 108 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§2166. Western Hemisphere Institute for Security Coopera-
tion 
"(a) ESTABLISHMENT AND ADMINISTRATION.—(1) The Secretary 
of Defense may operate an education and training facility for the 
purpose set forth in subsection (b). The facility shall be known 
as the Western Hemisphere Institute for Security Cooperation'. 
"(2) The Secretary may designate the Secretary of a military 
department as the Department of Defense executive agent for carry-
ing out the responsibilities of the Secretary of Defense under this 
section. 
"(b) PURPOSE.—^The purpose of the Institute is to provide profes-
sional education and training to eligible personnel of nations of 
the Western Hemisphere within the context of the democratic prin-
ciples set forth in the Charter of the Organization of American 
States (such charter being a treaty to which the United States 
is a party), while fostering mutual knowledge, transparency, con-
fidence, and cooperation among the participating nations and 
promoting democratic values, respect for human rights, and knowl-
edge and understanding of United States customs and traditions. 
"(c) ELIGIBLE PERSONNEL.—(1) Subject to paragraph (2), person-
nel of nations of the Western Hemisphere are eligible for education 
and training at the Institute as follows: 
"(A) Military personnel. 
"(B) Law enforcement personnel. 
"(C) Civilian personnel. 
"(2) The Secretary of State shall be consulted in the selection 
of foreign personnel for education or training at the Institute. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-227 
"(d) CURRICULUM.—(1) The curriculum of the Institute shall 
include mandatory instruction for each student, for at least 8 hours, 
on human rights, the rule of law, due process, civilian control 
of the military, and the role of the military in a democratic society. 
"(2) The curriculum may include instruction and other edu-
cational and training activities on the following: 
"(A) Leadership development. 
"(B) Counterdrug operations. 
"(C) Peace support operations. 
"(D) Disaster relief. 
"(E) Any other matter that the Secretary determines appro-
priate. 
"(e) BOARD OF VISITORS.—(1) There shall be a Board of Visitors 
for the Institute. The Board shall be composed of the following: 
"(A) The chairman and ranking minority member of the 
Committee on Armed Services of the Senate, or a designee 
of either of them. 
"(B) The chairman and ranking minority member of the 
Committee on Armed Services of the House of Representatives, 
or a designee of either of them. 
"(C) Six persons designated by the Secretary of Defense 
including, to the extent practicable, persons from academia 
and the religious and human rights communities. 
"(D) One person designated by the Secretary of State. 
"(E) The senior military officer responsible for training 
and doctrine for the Army or, if the Secretary of the Navy 
or the Secretary of the Air Force is designated as the executive 
agent of the Secretary of Defense under subsection (a)(2), the 
senior military officer responsible for training and doctrine 
for the Navy or Marine Corps or for the Air Force, respectively, 
or a designee of the senior military officer concerned. 
"(F) The commander of the unified combatant command 
having geographic responsibility for Latin America, or a des-
ignee of that officer. 
"(2) A vacancy in a position on the Board shall be filled in 
the same manner as the position was originally filled. 
"(3) The Board shall meet at least once each year. 
"(4)(A) The Board shall inquire into the curriculum, instruction, 
physical equipment, fiscal affairs, and academic methods of the 
Institute, other matters relating to the Institute that the Board 
decides to consider, and any other matter that the Secretary of 
Defense determines appropriate. 
"(B) The Board shall review the curriculum of the Institute 
to determine whether— 
"(i) the curriculum complies with applicable United States 
laws and regulations; 
"(ii) the curriculum is consistent with United States policy 
goals toward Latin America and the Caribbean; 
"(iii) the curriculum adheres to current United States doc-
trine; and 
"(iv) the instruction under the curriculum appropriately 
emphasizes the matters specified in subsection (d)( 1). 
"(5) Not later than 60 days after its annual meeting, the Board 
shall submit to the Secretary of Defense a written report of its 
activities and of its views and recommendations pertaining to the 
Institute. 
114 STAT. 1654A-228 
PUBLIC LAW 106-398—APPENDIX 
"(6) Members of the Board shall not be compensated by reason 
of service on the Board. 
"(7) With the approval of the Secretary of Defense, the Board 
may accept and use the services of voluntary and uncompensated 
advisers appropriate to the duties of the Board without regard 
to section 1342 of title 31. 
"(8) Members of the Board and advisers whose services are 
accepted under paragraph (7) shall be allowed travel and transpor-
tation expenses, including per diem in lieu of subsistence, while 
away from their homes or regular places of business in the perform-
ance of services for the Board. Allowances under this paragraph 
shall be computed— 
"(A) in the case of members of the Board who are officers 
or employees of the United States, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of 
title 5; and 
"(B) in the case of other members of the Board and advisers, 
as authorized under section 5703 of title 5 for employees serving 
without pay. 
"(9) The Federal Advisory Committee Act (5 U.S.C. App. 2), 
other than section 14 (relating to termination after two years), 
shall apply to the Board. 
"(f) FIXED COSTS.—The fixed costs of operating and maintaining 
the Institute for a fiscal year may be paid from— 
"(1) any funds available for that fiscal year for operation 
and maintenance for the executive agent designated under 
subsection (a)(2); or 
"(2) if no executive agent is designated under subsection 
(a)(2), any funds available for that fiscal year for the Depart-
ment of Defense for operation and maintenance for Defense-
wide activities. 
"(g) TUITION.—Tuition fees charged for persons who attend 
the Institute may not include the fixed costs of operating and 
maintaining the Institute. 
"(h) ANNUAL REPORT.—Not later than March 15 of each year, 
the Secretary of Defense shall submit to Congress a detailed report 
on the activities of the Institute during the preceding year. The 
report shall be prepared in consultation with the Secretary of 
State.". 
(b) REPEAL OF AUTHORITY FOR UNITED STATES ARMY SCHOOL 
OF THE AMERICAS.—Section 4415 of title 10, United States Code, 
is repealed. 
(c) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 108 of title 10, United States Code, is amended 
by inserting after the item relating to section 2165 the following 
new item: 
"2166. Western Hemisphere Institute for Security Cooperation.". 
(2) The table of sections at the beginning of chapter 407 of 
such title is amended by striking the item relating to section 4415. 
SEC. 
912. 
DEPARTMENT 
OF 
DEFENSE 
REGIONAL 
CENTERS 
FOR 
SECU-
RITY 
STUDIES. 
(a) REQUIREMENT FOR ANNUAL REPORT.—(1) Chapter 7 of title 
10, United States Code, is amended by adding at the end the 
following new section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-229 
"§ 184. Department of Defense regional centers for security 
studies 
"(a) ADVANCE NOTIFICATION TO CONGRESS OF THE ESTABLISH-
MENT OF NEW REGIONAL CENTERS.—After the date of the enactment 
of this section, a regional center for security studies may not be 
estabUshed in the Department of Defense until— 
"(1) the Secretary of Defense submits to Congress a notifica-
tion of the intent of the Secretary to establish the center, 
including a description of the mission and functions of the 
proposed center and a justification for the proposed center; ~ 
and 
"(2) a period of 90 days has elapsed after the date on 
which that notification is submitted. 
"(b) REQUIREMENT FOR ANNUAL REPORT.—Not later than Feb-
ruary 1 of each year, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
the operation of the Department of Defense regional centers for 
security studies during the preceding fiscal year. The annual report 
shall include, for each regional center, the following information: 
"(1) The status and objectives of the center. 
"(2) The budget of the center, including the costs of operat-
ing the center. 
"(3) A description of the extent of the international partici-
pation in the programs of the center, including the costs 
incurred by the United States for the participation of each 
foreign nation. 
"(4) A description of the foreign gifts and donations, if 
any, accepted under any of the following provisions of law: 
"(A) Section 2611 of this title. 
"(B) Section 1306 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (FubHc Law 103-337; 108 
Stat. 2892). 
"(C) Section 1065 of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104-201; 110 
Stat. 2653; 10 U.S.C. 113 note). 
"(c) REGIONAL CENTER FOR SECURITY STUDIES DEFINED.—For 
the purposes of this section, a regional center for security studies 
is any center within the Department of Defense that— 
"(1) is operated, and designated as such, by the Secretary 
of Defense for the study of security issues relating to a specified 
geographic region of the world; and 
"(2) serves as a forum for bilateral and multilateral commu-
nication and military and civilian exchanges with nations in 
that region.". 
(2) The table of sections at the beginning of chapter 7 of 
such title is amended by adding at the end the following new 
item: 
"184. Department of Defense regional centers for security studies.". 
(b) FIRST ANNUAL REPORT.—In the first annual report on 
Department of Defense regional centers for security studies under 
section 184(b) of title 10, United States Code (as added by subsection 
(a)), to be submitted not later than February 1, 2001, the Secretary 
of Defense shall include any recommendation for legislation that 
the Secretary considers appropriate for the operation of Department 
114 STAT. 1654A-230 
PUBLIC LAW 106-398—APPENDIX 
of Defense regional centers for security studies, together with a 
detailed justification for the recommended legislation. 
SEC. 913. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO 
JOINT FORCES STAFF COLLEGE. 
(a) CHANGE IN NAME.—The Armed Forces Staff College of the 
Department of Defense is hereby renamed the "Joint Forces Staff 
College". 
(b) CONFORMING AMENDMENT.—Section 2165(b)(3) of title 10, 
United States Code, is amended by striking "Armed Forces Staff 
College" and inserting "Joint Forces Staff College". 
(c) REFERENCES.—^Any reference to the Armed Forces Staff 
College in any law, regulation, map, document, record, or other 
paper of the United States shall be considered to be a reference 
to the Joint Forces Staff College. 
SEC. 914. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER 
HOUSES. 
(a) BASE OPERATING SUPPORT.—Section 2493 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
"(f) SPECIAL AUTHORITY FOR NAVY.—The Secretary of the Navy 
shall provide base operating support for Fisher Houses associated 
with health care facilities of the Navy. The level of the support 
shall be equivalent to the base operating support that the Secretary 
provides for morale, welfare, and recreation category B community 
activities (as defined in regulations, prescribed by the Secretary, 
that govern morale, welfare, and recreation activities associated 
with Navy installations).". 
(b) SAVINGS PROVISIONS FOR CERTAIN NAVY EMPLOYEES.—(1) 
The Secretary of the Navy may continue to employ, and pay out 
of appropriated funds, any employee of the Navy in the competitive 
service who, as of October 17, 1998, was employed by the Navy 
in a position at a Fisher House administered by the Navy, but 
only for so long as the employee is continuously employed in that 
position. 
(2) After a person vacates a position in which the person 
was continued to be employed under the authority of paragraph 
(1), a person employed in that position shall be employed as an 
employee of a nonappropriated fund instrumentality of the United 
States and may not be paid for services in that position out of 
appropriated funds. 
(3) In this subsection: 
(A) The term "Fisher House" has the meaning given the 
term in section 2493(a)(1) of title 10, United States Code. 
(B) The term "competitive service" has the meaning given 
the term in section 2102 of title 5, United States Code. 
(c) EFFECTIVE DATE.—(1) The amendments made by subsection 
(a) shall be effective as of October 17, 1998, as if included in 
section 2493 of title 10, United States Code, as enacted by section 
906(a) of Public Law 105-261. 
(2) Subsection (b) applies with respect to the pay period that 
includes October 17, 1998, and subsequent pay periods. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-231 
SEC. 915. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENTT 
HOME BOARD BY SECRETARY OF DEFENSE. 
The Armed Forces Retirement Home Act of 1991 (title XV 
of Public Law 101-510; 24 U.S.C. 401 et seq.) is amended by 
inserting after section 1523 the following new section: 
"SEC. 1524. CONDITIONAL SUPERVISORY CONTROL OF RETIREMENT 
HOME BOARD BY SECRETARY OF DEFENSE. 
"(a) APPLICABILITY.—This section shall apply only when the 
deduction authorized by section 1007(i)(l) of title 37, United States 
Code, to be made from the monthly pay of certain members of 
the armed forces is equal to $1.00 for each enlisted member, warrant 
officer, and limited duty officer of the armed forces on active duty. 
"(b) BOARD AUTHORITY SUBJECT TO SECRETARY'S CONTROL.— 
The Retirement Home Board shall be subject to the authority, 
direction, and control of the Secretary of Defense in the performance 
of the Board's duties under section 1516. 
"(c) APPOINTMENT OF BOARD MEMBERS.—When an appointment 
of a member of the Retirement Home Board under section 1515 
is not made by the Secretary of Defense, the appointment shall 
be subject to the approval of the Secretary of Defense. 
"(d) TERMS OF BOARD MEMBERS.—(1) Notwithstanding section 
1515(e)(3), only the Secretary of Defense may appoint a member 
of the Retirement Home Board for a second consecutive term. 
"(2) The Secretary of Defense may terminate the appointment 
of a member of the Retirement Home Board at the pleasure of 
the Secretary. 
"(e) RESPONSIBILITY OF CHAIRMAN TO THE SECRETARY.—Not-
withstanding section 1515(d)(1)(B), the chairman of the Retirement 
Home Board shall be responsible to the Secretary of Defense, but 
not to the Secretaries of the military departments, for direction 
and management of the Retirement Home or each facility main-
tained as a separate facility of the Retirement Home.". 
SEC. 916. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVER-
SIGHT COUNCIL REFORM INITIATIVE. 
(a) SEMIANNUAL REPORT.—The Chairman of the Joints Chiefs 
of Staff shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a series of five semiannual reports, as prescribed 
by subsection (b), on the activities of the Joint Requirements Over-
sight Council. The principal focus of each such report shall be 
on the progress made on the initiative of the Chairman to reform 
and refocus the Joint Requirements Oversight Council. 
(b) SUBMISSION OF REPORTS.—Reports under this section shall 
be submitted not later than March 1, 2001, September 1, 2001, 
March 1, 2002, September 1, 2002, and March 1, 2003. Each report 
shall cover the half of a fiscal year that ends five months before 
the date on which the report is due. 
(c) CONTENT.—In the case of any report under this section 
after the first such report, if any matter to be included is unchanged 
from the preceding report, that matter may be included by reference 
to the preceding report. Each such report shall include, to the 
extent practicable, the following: 
(1) A listing of each of the capability areas designated 
by the Chairman of the Joints Chiefs of Staff as being within 
114 STAT. 1654A-232 
PUBLIC LAW 106-398—APPENDIX 
the principal domain of the Joint Requirements Oversight 
Council and a justification for each such designation. 
(2) A listing of the joint requirements developed, considered, 
or approved within each of the capability areas listed pursuant 
to paragraph (1). 
(3) A listing and explanation of the decisions made by 
the Joint Requirements Oversight Council and, to the extent 
appropriate, a listing of each of the recommendations to the 
Council made by the commander of the United States Joint 
Forces Command. 
(4) An assessment of— 
(A) the progress made in shifting the Joint Require-
ments Oversight Council to having a more strategic focus 
on future war fighting requirements; 
(B) the progress made on integration of requirements; 
and 
(C) the progress made on development of overarching 
common architectures for defense information systems to 
ensure that common defense information systems are fully 
interoperable. 
(5) A description of any actions that have been taken to 
improve the Joint Requirements Oversight Council. 
SEC. 917. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF 
DEFENSE LOGISTICS AGENCY. 
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—The Comptrol-
ler General shall review the operations of the Defense Logistics 
Agency-
CD to assess— 
(A) the efficiency of those operations; 
(B) the effectiveness of those operations in meeting 
customer requirements; and 
(C) the flexibility of those operations to adopt best 
business practices; and 
(2) to identify alternative approaches for improving the 
operations of that agency. 
(b) REPORT.—Not later than February 1, 2002, the Comptroller 
General shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives one or more reports 
setting forth the Comptroller General's findings resulting from the 
review under subsection (a). 
SEC. 918. COMPTROLLER GENERAL REVIEW OF OPERATIONS OF 
DEFENSE INFORMATION SYSTEMS AGENCY. 
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—^The Comptrol-
ler General shall review the operations of the Defense Information 
Systems Agency— 
(1) to assess— 
(A) the efficiency of those operations; 
(B) the effectiveness of those operations in meeting 
customer requirements; and 
(C) the flexibility of those operations to adopt best 
business practices; and 
(2) to identify alternative approaches for improving the 
operations of that agency. 
(b) REPORT.—Not later than February 1, 2002, the Comptroller 
General shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives one or more reports 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-233 
setting forth the Comptroller General's findings resulting from the 
review under subsection (a). 
Subtitle C—Information Security 
SEC. 
921. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND 
INFORMATION PROTECTION. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
an Institute for Defense Computer Security and Information Protec-
tion. 
(b) MISSION.—The Secretary shall require the institute— 
(1) to conduct research and technology development that 
is relevant to foreseeable computer and network security 
requirements and information assurance requirements of the 
Department of Defense with a principal focus on areas not 
being carried out by other organizations in the private or public 
sector; and 
(2) to facilitate the exchange of information regarding 
cyberthreats, technology, tools, and other relevant issues. 
(c) CONTRACTOR OPERATION.—The Secretary shall enter into 
a contract with a not-for-profit entity, or a consortium of not-
for-profit entities, to organize and operate the institute. The Sec-
retary shall use competitive procedures for the selection of the 
contractor to the extent determined necessary by the Secretary. 
(d) FUNDING.—Of the amount authorized to be appropriated 
by section 301(5), $5,000,000 shall be available for the Institute 
for Defense Computer Security and Information Protection. 
(e) REPORT.—Not later than April 1, 2001, the Secretary shall 
submit to the congressional defense committees the Secretary's 
plan for implementing this section. 
SEC. 922. INFORMATION SECURITY SCHOLARSHIP PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—(1) Part III of subtitle A 
of title 10, United States Code, is amended by adding at the end 
the following new chapter: 
"CHAPTER 112—INFORMATION SECURITY SCHOLARSHIP 
PROGRAM 
"Sec. 
"2200. 
Programs; purpose. 
"2200a. Scholarship program. 
"2200b. Grant program. 
"2200c. Centers of Academic Excellence in Information Assurance Education. 
"2200d. Regulations. 
"2200e. Definitions. 
"2200f. Inapplicability to Coast Guard. 
"§ 2200. Programs; purpose 
"(a) IN GENERAL.—To encourage the recruitment and retention 
of Department of Defense personnel who have the computer and 
network security skills necessary to meet Department of Defense 
information assurance requirements, the Secretary of Defense may 
carry out programs in accordance with this chapter to provide 
financial support for education in disciplines relevant to those 
requirements at institutions of higher education. 
"(b) TYPES OF PROGRAMS.—The programs authorized under this 
chapter are as follows: 
114 STAT. 1654A-234 
PUBLIC LAW 106-398—APPENDIX 
"(1) Scholarships for pursuit of programs of education in 
information assurance at institutions of higher education. 
"(2) Grants to institutions of higher education. 
''§ 2200a. Scholarship program 
"(a) AUTHORITY.—The Secretary of Defense may, subject to 
subsection (g), provide financial assistance in accordance with this 
section to a person— 
"(1) who is pursuing an associate, baccalaureate, or 
advanced degree, or a certification, in an information assurance 
discipline referred to in section 2200(a) of this title at an 
institution of higher education; and 
"(2) who enters into an agreement with the Secretary as 
described in subsection (b). 
"(b) SERVICE AGREEMENT FOR SCHOLARSHIP RECIPIENTS.—(1) 
To receive financial assistance under this section— 
"(A) a member of the armed forces shall enter into an 
agreement to serve on active duty in the member's armed 
force for the period of obligated service determined under para-
graph (2); 
"(B) an employee of the Department of Defense shall enter 
into an agreement to continue in the employment of the depart-
ment for the period of obligated service determined under para-
graph (2); and 
"(C) a person not referred to in subparagraph (A) or (B) 
shall enter into an agreement— 
"(i) to enlist or accept a commission in one of the 
armed forces and to serve on active duty in that armed 
force for the period of obligated service determined under 
paragraph (2); or 
"(ii) to accept and continue employment in the Depart-
ment of Defense for the period of obligated service deter-
mined under paragraph (2). 
"(2) For the purposes of this subsection, the period of obligated 
service for a recipient of financial assistance under this section 
shall be the period determined by the Secretary of Defense as 
being appropriate to obtain adequate service in exchange for the 
financial assistance and otherwise to achieve the goals set forth 
in section 2200(a) of this title. In no event may the period of 
service required of a recipient be less than the period equal to 
three-fourths of the total period of pursuit of a degree for which 
the Secretary agrees to provide the recipient with financial assist-
ance under this section. The period of obligated service is in addition 
to any other period for which the recipient is obligated to serve 
on active duty or in the civil service, as the case may be. 
"(3) An agreement entered into under this section by a person 
pursuing an academic degree shall include terms that provide the 
following: 
"(A) That the period of obligated service begins on a date 
after the award of the degree that is determined under the 
regulations prescribed under section 2200d of this title. 
"(B) That the person will maintain satisfactory academic 
progress, as determined in accordance with those regulations, 
and that failure to maintain such progress constitutes grounds 
for termination of the financial assistance for the person under 
this section. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-235 
"(C) Any other terms and conditions that the Secretary 
of Defense determines appropriate for carrying out this section. 
"(c) AMOUNT OF ASSISTANCE.—The amount of the 
financial 
assistance provided for a person under this section shall be the 
amount determined by the Secretary of Defense as being necessary 
to pay all educational expenses incurred by that person, including 
tuition, fees, cost of books, laboratory expenses, and expenses of 
room and board. The expenses paid, however, shall be limited 
to those educational expenses normally incurred by students at 
the institution of higher education involved. 
"(d) USE OF ASSISTANCE FOR SUPPORT OF INTERNSHIPS.—The 
financial assistance for a person under this section may also be 
provided to support internship activities of the person at the Depart-
ment of Defense in periods between the academic years leading 
to the degree for which assistance is provided the person under 
this section. 
"(e) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE.— 
(1) A person who voluntarily terminates service before the end 
of the period of obligated service required under an agreement 
entered into under subsection (b) shall refund to the United States 
an amount determined by the Secretary of Defense as being appro-
priate to obtain adequate service in exchange for financial assist-
ance and otherwise to achieve the goals set forth in section 2200(a) 
of this title. 
"(2) An obligation to reimburse the United States imposed 
under paragraph (1) is for all purposes a debt owed to the United 
States. 
"(3) The Secretary of Defense may waive, in whole or in part, 
a refund required under paragraph (1) if the Secretary determines 
that recovery would be against equity and good conscience or would 
be contrary to the best interests of the United States. 
"(f) EFFECT OF DISCHARGE IN BANKRUPTCY.—^A discharge in 
bankruptcy under title 11 that is entered less than five years 
after the termination of an agreement under this section does 
not discharge the person signing such agreement from a debt arising 
under such agreement or under subsection (e). 
"(g) ALLOCATION OF FUNDING.—^Not less than 50 percent of 
the amount available for financial assistance under this section 
for a fiscal year shall be available only for providing financial 
assistance for the pursuit of degrees referred to in subsection (a) 
at institutions of higher education that have established, improved, 
or are administering programs of education in information assur-
ance under the grant program established in section 2200b of this 
title, as determined by the Secretary of Defense. 
''§ 2200b. Grant program 
"(a) AUTHORITY.—^The Secretary of Defense may provide grants 
of financial assistance to institutions of higher education to support 
the establishment, improvement, or administration of programs 
of education in information assurance disciplines referred to in 
section 2200(a) of this title. 
"(b) PURPOSES.—The proceeds of grants under this section may 
be used by an institution of higher education for the following 
purposes: 
"(1) Faculty development. 
"(2) Curriculum development. 
"(3) Laboratory improvements. 
114 STAT. 1654A-236 
PUBLIC LAW 106-398—APPENDIX 
"(4) Faculty research in information security. 
"§ 2200c. Centers of Academic Excellence in Information 
Assurance Education 
"In the selection of a recipient for the award of a scholarship 
or grant under this chapter, consideration shall be given to 
whether— 
"(1) in the case of a scholarship, the institution at which 
the recipient pursues a degree is a Center of Academic Excel-
lence in Information Assurance Education; and 
"(2) in the case of a grant, the recipient is a Center of 
Academic Excellence in Information Assurance Education. 
''§ 2200d. Regulations 
"The Secretary of Defense shall prescribe regulations for the 
administration of this chapter. 
"§ 2200e. Definitions 
"In this chapter: 
"(1) The term 'information assurance' includes the follow-
ing: 
"(A) Computer security. 
"(B) Network security. 
"(C) Any other information technology that the Sec-
retary of Defense considers related to information assur-
ance. 
"(2) The term 'institution of higher education' has the mean-
ing given the term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001). 
"(3) The term 'Center of Academic Excellence in Informa-
tion Assurance Education' means an institution of higher edu-
cation that is designated by the Director of the National Secu-
rity Agency as a Center of Academic Excellence in Information 
Assurance Education. 
''§ 2200f. Inapplicability to Coast Guard 
"This chapter does not apply to the Coast Guard when it 
is not operating as a service in the Navy.". 
(2) The tables of chapters at the beginning of subtitle A of 
title 10, United States Code, and the beginning of part III of 
such subtitle are amended by inserting after the item relating 
to chapter 111 the following new item: 
"112. Information Security Scholarship Program 
2200". 
(b) FUNDING.—Of the amount authorized to be appropriated 
by section 301(5), $15,000,000 shall be available for carrying out 
chapter 112 of title 10, United States Code (as added by subsection 
(a)). 
(c) REPORT.—Not later than April 1, 2001, the Secretary of 
Defense shall submit to the congressional defense committees a 
plan for implementing the programs under chapter 112 of title 
10, United States Code. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-237 
Subtitle D—Reports 
SEC. 931. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN 
EQUIPMENT PROCUREMENT AND MILITARY CONSTRUC-
TION FOR THE RESERVE COMPONENTS IN FUTURE-
YEARS DEFENSE PROGRAMS. 
Section 10543(c) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
"(3) A report required under paragraph (1) for a fiscal year 
shall be submitted not later than 15 days after the date on which 
the President submits to Congress the budget for such fiscal year 
under section 1105(a) of title 31.". 
SEC. 932. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO LEGISLA-
TIVE LIAISON FUNCTIONS. 
(a) REPORT.—^Not later than December 1, 2000, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report setting forth the number of personnel 
of the Department of Defense performing legislative liaison func-
tions as of April 1, 2000. 
(b) MATTERS TO B E INCLUDED.—^The report shall include the 
following: 
(1) The number of military and civilian personnel of the 
Department of Defense assigned to full-time legislative liaison 
functions, shown by organizational entity and by pay grade. 
(2) The number of military and civilian personnel of the 
Department not covered by paragraph (1) (other than personnel 
described in subsection (e)) who perform legislative liaison func-
tions as part of their assigned duties, shown by organizational 
entity and by pay grade. 
(c) LEGISLATIVE LIAISON FUNCTIONS.—^For purposes of this sec-
tion, a legislative liaison function is a function (regardless of how 
characterized within the Department of Defense) that has been 
established or designated to principally provide advice, information, 
and assistance to the legislative branch on Department of Defense 
policies, plans, and programs. 
(d) ORGANIZATIONAL ENTITIES.—The display of information 
under subsection (b) by organizational entity shall be for the Depart-
ment of Defense and for each military department as a whole 
and separately for each organization at the level of major command 
or Defense Agency or higher. 
(e) PERSONNEL NOT COVERED.—Subsection (b)(2) does not apply 
to civilian officers appointed by the President, by and with the 
advice and consent of the Senate, or to general or flag officers. 
SEC. 933, JOINT REPORT ON ESTABLISHMENT OF NATIONAL COLLABO-
RATIVE INFORMATION ANALYSIS CAPABILITY. 
(a) REPORT.—^Not later than March 1, 2000, the Secretary of 
Defense and the Director of Central Intelligence shall submit to 
the congressional defense committees and the congressional intel-
ligence committees a joint report assessing alternatives for the 
establishment of a national collaborative information analysis 
capability. The report shall include the following: 
114 STAT. 1654A-238 
PUBLIC LAW 106-398—APPENDIX 
(1) An assessment of alternative architectures to establish 
a national collaborative information analysis capability to con-
duct data mining and profiling of information from a wide 
array of electronic data sources. 
(2) Identification, from among the various architectures 
assessed under paragraph (1), of the preferred architecture 
and a detailed description of that architecture and of a program 
to acquire and implement the capability that would be provided 
through that architecture. 
(3) A detailed explanation of how the personal information 
resulting from the data mining and profiling capability devel-
oped under the preferred architecture will be employed consist-
ent with the requirements of section 552a of title 5, United 
States Code. 
(b) COMPLETION AND USE OF ARMY LAND INFORMATION WAR-
FARE ACTIVITY.—The Secretary of Defense— 
(1) shall ensure that the data mining, profiling, and analy-
sis capability of the Army's Land Information Warfare Activity 
is completed and is fully operational as soon as possible; and 
(2) shall make appropriate use of that capability to provide 
support to all appropriate national defense components. 
SEC. 934. NETWORK CENTRIC WARFARE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Joint Vision 2020 set the goal for the Department 
of Defense to pursue information superiority in order that joint 
forces may possess superior knowledge and attain decision 
superiority during operations across the spectrum of conflict. 
(2) One concept being pursued to attain information superi-
ority is known as Network Centric Warfare. The concept of 
Network Centric Warfare links sensors, communications sys-
tems and weapons systems in an interconnected grid that allows 
for a seamless information flow to warfighters, policy makers, 
and support personnel. 
(3) The Joint Staff, the Defense Agencies, and the military 
departments are all pursuing various concepts related to Net-
work Centric Warfare. 
(b) GOAL.—It shall be the goal of Department of Defense to 
fully coordinate various efforts being pursued by the Joint Staff, 
the Defense Agencies, and the military departments as they develop 
the concept of Network Centric Warfare. 
(c) REPORT ON NETWORK CENTRIC WARFARE.—(1) The Secretary 
of Defense shall submit to the congressional defense committees 
a report on the development and implementation of network centric 
warfare concepts within the Department of Defense. The report 
shall be prepared in consultation with the Chairman of the Joint 
Chiefs of Staff. 
(2) The report shall include the following: 
(A) A clear definition and terminology to describe the set 
of operational concepts referred to as "network centric warfare". 
(B) An identification and description of the current and 
planned activities by the Office of the Secretary of Defense, 
the Joint Chiefs of Staff, and the United States Joint Forces 
Command relating to network centric warfare. 
(C) A discussion of how the concept of network centric 
warfare is related to the strategy of transformation as outlined 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-239 
in the document entitled "Joint Vision 2020", along with the 
advantages and disadvantages of pursing that concept. 
(D) A discussion on how the Department is implementing 
the concepts of network centric warfare as it relates to informa-
tion superiority and decision superiority articulated in "Joint 
Vision 2020.". 
(E) An identification and description of the current and 
planned activities of each of the Armed Forces relating to 
network centric warfare. 
(F) A discussion on how the Department plans to attain 
a fully integrated, joint command, control, communications, 
computers, 
intelligence, 
surveillance, and reconnaissance 
(C^ISR) capabihty. 
(G) A description of the joint requirements under develop-
ment that will lead to the acquisition of technologies for 
enabling network centric warfare and whether those joint 
requirements are modifying existing service requirements and 
vision statements. 
(H) A discussion of how Department of Defense activities 
to establish a joint network centric capability are coordinated 
with other departments and agencies of the United States 
and with United States allies. 
(I) A discussion of the coordination of the science and 
technology investments of the military departments and 
Defense Agencies in the development of future joint network 
; centric warfare capabilities. 
(J) The methodology being used to measure progress toward 
stated goals. 
(d) STUDY ON THE USE OF JOINT EXPERIMENTATION FOR DEVEL-
OPING NETWORK CENTRIC WARFARE CONCEPTS.—(1) The Secretary 
of Defense shall conduct a study on the present and future use 
of the joint experimentation program of the Department of Defense 
in the development of network centric warfare concepts. 
(2) The Secretary shall submit to the congressional defense 
committees a report on the results of the study. The report shall 
include the following: 
(A) A survey of and description of how experimentation 
under the joint experimentation at United States Joint Forces 
Command is being used for evaluating emerging concepts in 
network centric warfare. 
(B) A survey of and description of how experimentation 
under the joint experimentation of each of the armed services 
are being used for evaluating emerging concepts in network 
centric warfare. 
(C) A description of any emerging concepts and rec-
ommendations developed by those experiments, with special 
emphasis on force structure implications. 
(3) The Secretary of Defense, acting through the Chairman 
of the Joint Chiefs of Staff, shall designate the Commander in 
Chief of the United States Joint Forces Command to carry out 
the study and prepare the report required under this subsection. 
(e) TIME FOR SUBMISSION OF REPORTS.—Each report required 
under this section shall be submitted not later than March 1, 
2001. 
114 STAT. 1654A-240 
PUBLIC LAW 106-398—APPENDIX 
SEC. 935. REPORT ON AIR FORCE INSTITUTE OF TECHNOLOGY. 
(a) REPORT REQUIRED.—Not later than September 30, 2001, 
the Secretary of the Air Force shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the roles 
and missions, organizational structure, funding, and operations of 
the Air Force Institute of Technology as projected through 2010. 
(b) MATTERS TO BE INCLUDED.—The report shall provide— 
(1) a statement of the Institute's roles and missions through 
2010 in meeting the critical scientific and educational require-
ments of the Air Force; 
(2) a statement of the strategic priorities for the Institute 
in meeting long-term core science and technology educational 
needs of the Air Force; and 
(3) a plan for the near-term increase in the production 
by the Institute of masters and doctoral degree graduates. 
(c) RECOMMENDATIONS TO BE PROVIDED.—Based on the matters 
determined for purposes of subsection (b), the report shall include 
recommendations of the Secretary of the Air Force with respect 
to the following: 
(1) The grade of the Commandant of the Institute. 
(2) The chain of command of the Commandant within the 
Air Force. 
(3) The employment and compensation of civilian professors 
at the Institute. 
(4) The processes for the identification of requirements 
for personnel with advanced degrees within the Air Force and 
identification and selection of candidates for annual enrollment 
at the Institute. 
(5) Postgraduation opportunities within the Air Force for 
graduates of the Institute. 
(6) The policies and practices regarding the admission to 
the Institute of— 
(A) officers of the Army, Navy, Marine Corps, and 
Coast Guard; 
(B) employees of the Department of the Army, Depart-
ment of the Navy, and Department of Transportation; 
(C) personnel of the military forces of foreign countries; 
(D) enlisted members of the Armed Forces; and 
(E) other persons eligible for admission. 
(7) Near- and long-term ftmding of the institute. 
(8) Opportunities for cooperation, collaboration, and joint 
endeavors with other military and civilian scientific and tech-
nical educational institutions for the production of qualified 
personnel to meet Department of Defense scientific and tech-
nical requirements. 
(d) CONSULTATION.—The report shall be prepared in consulta-
tion with the Chief of Staff of the Air Force and the Commander 
of the Air Force Materiel Command. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-241 
Subtitle E—Other Matters 
SEC. 
941. FLEXIBILITY IN IMPLEMENTATION OF LIMITATION ON 
MAJOR DEPARTMENT OF DEFENSE HEADQUARTERS 
ACTIVITIES PERSONNEL. 
Section 130a of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
"(g) FLEXIBILITY.—(1) If during fiscal year 2001 or fiscal year 
2002 the Secretary of Defense determines, and certifies to Congress, 
that the limitation under subsection (a), or a limitation under 
subsection (b), would adversely affect United States national secu-
rity, the Secretary may take any of the following actions: 
"(A) Increase the percentage specified in subsection (b)(1) 
by such amount as the Secretary determines necessary or waive 
the limitation under that subsection. 
"(B) Increase the percentage specified in subsection (b)(2) 
by such amount as the Secretary determines necessary, not 
to exceed a cumulative increase of 7.5 percentage points. 
"(C) Increase the percentage specified in subsection (a) 
by such amount as the Secretary determines necessary, not 
to exceed a cumulative increase of 7.5 percentage points. 
"(2) Any certification under paragraph (1) shall include notice 
of the specific waiver or increases made pursuant to the authority 
provided in that paragraph.". 
SEC. 942. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS. 
(a) MERGER OF NAVAL HISTORICAL CENTER FUND INTO DEPART-
MENT OF THE NAVY GENERAL GIFT FUND.—(1) The Secretary of 
the Navy shall transfer all amounts in the Naval Historical Center 
Fund maintained under section 7222 of title 10, United States 
Code, to the Department of the Navy General Gift Fund maintained 
under section 2601 of such title. Upon completing the transfer, 
the Secretary shall close the Naval Historical Center Fund. 
(2) Amounts transferred to the Department of the Navy General 
Gift Fund under this subsection shall be merged with other amounts 
in that Fund and shall be available for the purposes for which 
amounts in that Fund are available. 
(b) CONSOLIDATION OF N A V A L ACADEMY GENERAL GiFT FUND 
AND NAVAL ACADEMY MUSEUM FUND.—(1) The Secretary of the 
Navy shall transfer all amounts in the United States Naval Acad-
emy Museum Fund established by section 6974 of title 10, United 
States Code, to the gift fund maintained for the benefit and use 
of the United States Naval Academy under section 6973 of such 
title. Upon completing the transfer, the Secretary shall close the 
United States Naval Academy Museum Fund. 
(2) Amounts transferred under this subsection shall be merged 
with other amounts in the gift fund to which transferred and 
shall be available for the purposes for which amounts in that 
gift fund are available. 
(c) CONSOLIDATION AND REVISION OF AUTHORITIES FOR ACCEPT-
ANCE OF GIFTS, BEQUESTS, AND LOANS FOR THE UNITED STATES 
NAVAL ACADEMY.—(1) Subsection (a) of section 6973 of title 10, 
United States Code, is amended— 
(A) in the first sentence— 
(i) by striking "gifts and bequests of personal property" 
and inserting "any gift or bequest of personal property. 
114 STAT. 1654A-242 
PUBLIC LAW 106-398—APPENDIX 
and may accept, hold, and administer any loan of personal 
property other than money, that is"; and 
(ii) by inserting "or the Naval Academy Museum, its 
collection, or its services" before the period at the end; 
(B) in the second sentence, by striking "'United States 
Naval Academy general gift fund'" and inserting "'United 
States Naval Academy Gift and Museum Fund'"; and 
(C) in the third sentence, by inserting "(including the Naval 
Academy Museum)" after "the Naval Academy". 
(2) Such section is further amended— 
(A) by redesignating subsections (b) and (c) as subsections 
(c) and (d), respectively; and 
(B) by inserting after subsection (a) the following new 
subsection (b): 
"(b) The Secretary shall prescribe written guidelines to be used 
for determinations of whether the acceptance of money, any personal 
property, or any loan of personal property under subsection (a) 
would reflect unfavorably on the ability of the Department of the 
Navy or any officer or employee of the Department of the Navy 
to carry out responsibilities or duties in a fair and objective manner, 
or would compromise either the integrity or the appearance of 
the integrity of any program of the Department of the Navy or 
any officer or employee of the Department of the Navy who is 
involved in any such program.". 
(3) Subsection (d) of such section, as redesignated by paragraph 
(2)(A), is amended by striking "United States Naval Academy gen-
eral gift fund" both places it appears and inserting "United States 
Naval Academy Gift and Museum Fund". 
(4) The heading for such section is amended to read as follows: 
''§6973. Gifts, bequests, and loans of property: acceptance 
for beneHt and use of Naval Academy". 
(d) REFERENCES TO CLOSED GIFT FUNDS.—(1) Section 6974 
of title 10, United States Code, is amended to read as follows: 
"§6974. United States Naval Academy Museum Fund: ref-
erences to Fund 
"Any reference in a law, regulation, document, paper, or other 
record of the United States to the United States Naval Academy 
Museum Fund formerly maintained under this section shall be 
deemed to refer to the United States Naval Academy Gift and 
Museum Fund maintained under section 6973 of this title.". 
(2) Section 7222 of such title is amended to read as follows: 
"§7222. Naval Historical Center Fund: references to Fund 
"Any reference in a law, regulation, document, paper, or other 
record of the United States to the Naval Historical Center Fund 
formerly maintained under this section shall be deemed to refer 
to the Department of the Navy General Gift Fund maintained 
under section 2601 of this title.". 
(e) CLERICAL AMENDMENTS.—(1) The table of sections at the 
beginning of chapter 603 of title 10, United States Code, is amended 
by striking the items relating to sections 6973 and 6974 and insert-
ing the following: 
"6973. Gifts, bequests, and loans of property: acceptance for benefit and use of Naval 
Academy. 
"6974. United States Naval Academy Museum Fund: references to Fund.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-243 
(2) The item relating to section 7222 of such title in the table 
of sections at the beginning of chapter 631 of such title is amended 
to read as follows: 
"7222. Naval Historical Center Fund: references to Fund.". 
SEC. 943. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY 
ACCEPTED FOR THE NAVAL ACADEMY. 
Notwithstanding section 6973 of title 10, United States Code, 
during fiscal year 2001 the Secretary of the Navy may dispose 
of a gift accepted before the date of the enactment of this Act 
for the United States Naval Academy by disbursing from the United 
States Naval Academy general gift fund to an entity designated 
by the donor of the gift the amount equal to the current cash 
value of that gift. 
TITLE X—GENERAL PROVISIONS 
SUBTITLE A—FINANCIAL MATTERS 
Sec. 1001. Transfer authority. 
Sec. 1002. Incorporation of classified annex. 
Sec. 1003.Authorization of emergency supplemental appropriations for fiscal year 
2000. 
Sec. 1004. United States contribution to NATO common-ftinded budgets in fiscal year 
2001. 
Sec. 1005. Limitation on fiinds for Bosnia and Kosovo peacekeeping operations for fis-
cal year 2001. 
Sec. 1006. Requirement for prompt payment of contract vouchers. 
Sec. 1007. Plan for prompt recording of obligations of funds for contractual trans-
actions. 
Sec. 1008. Electronic submission and processing of claims for contract pajonents. 
Sec. 1009. Administrative offsets for overpayment of transportation costs. 
Sec. 1010. Interest penalties for late payment of interim payments due under Gov-
ernment service contracts. 
SUBTITLE B—NAVAL VESSELS AND SHIPYARDS 
Sec. 1011. Revisions to national defense featitres program. 
Sec. 1012. Sense of Congress on tJie naming of the CVN-77 aircraft carrier. 
Sec. 1013. Authority to transfer naval vessels to certain foreign countries. 
Sec. 1014. Authority to consent to retransfer of alternative former naval vessel by 
Government of Greece. 
SUBTITLE C—COUNTER-DRUG ACTIVITIES 
Sec. 1021. Extension of authority to provide support for counter-drug activities of Co-
lombia. 
Sec. 1022. Report on Department of Defense expenditures to support foreign counter-
drug activities. 
Sec. 1023. Recommendations on expansion of support for counter-drug activities. 
Sec. 1024. Review of riverine counter-drug program. 
Sec. 1025. Report on tethered aerostat radar system. 
Sec. 1026. Sense of Congress regarding use of Armed Forces for counter-drug and 
counter-terrorism activities. 
SUBTITLE D—COUNTERTERRORISM AND DOMESTIC PREPAREDNESS 
Sec. 1031. Preparedness of military installation first responders for incidents involv-
ing weapons of mass destruction. 
Sec. 1032. Additional weapons of mass destruction civil support teams. 
Sec. 1033. Authority to provide loan guarantees to improve domestic preparedness to 
combat cyberterrorism. 
Sec. 1034. Report on the status of domestic preparedness against the threat of bio-
logical terrorism. 
Sec. 1035. Report on strategy, policies, and programs to combat domestic terrorism. 
SUBTITLE E—STRATEGIC FORCES 
Sec. 1041. Revised nuclear posture review. 
114 STAT. 1654A-244 
PUBLIC LAW 106-398—APPENDIX 
Sec. 1042. Plan for the long-term sustainment and modernization of United States 
strategic nuclear forces. 
Sec. 1043. Modification of scope of waiver authority for limitation on retirement or 
dismantlement of strategic nuclear delivery systems. 
Sec. 1044. Report on the defeat of hardened and deeply buried targets. 
Sec. 1045. Sense of Congress on the maintenance of the strategic nuclear triad. 
SUBTITLE F—MISCELLANEOUS REPORTING REQUIREMENTS 
Sec. 1051. Management review of working-capital fund activities. 
Sec. 1052. Report on submarine rescue support vessels. 
Sec. 1053. Report on Federal Government progress in developing information assur-
ance strategies. 
Sec. 1054. Department of Defense process for decisionmaking in cases of false claims. 
SUBTITLE G—GOVERNMENT INFORMATION SECURITY REFORM 
Sec. 1061. Coordination of Federal information policy. 
Sec. 1062. Responsibilities of certain agencies. 
Sec. 1063. Relationship of Defense Information Assurance Program to Government-
wide information security program. 
Sec. 1064. Technical and conforming amendments. 
Sec. 1065. Effective date. 
SUBTITLE H—SECURITY MATTERS 
Sec. 1071. Limitation on granting of security clearances. 
Sec. 1072. Process for prioritizing background investigations for secvuity clearances 
for Department of Defense personnel and defense contractor personnel. 
Sec. 1073. Authority to withhold certain sensitive information from public disclosure. 
Sec. 1074. Expansion of authority to exempt geodetic products of the Department of 
Defense from public disclosure. 
Sec. 1075. Expenditures for declassification activities. 
Sec. 1076. Enhanced access to criminal history record information for national secu-
rity and other purposes. 
Sec. 1077. Two-year extension of authority to engage in commercial activities as secu-
rity for intelligence collection activities. 
Sec. 1078. Coordination oi nuclear weapons secrecy policies and consideration of 
health of workers at former Department of Defense nuclear facilities. 
SUBTITLE I—OTHER MATTERS 
Sec. 1081. B\inds for administrative expenses under Defense Export Loan Guarantee 
program. 
Sec. 1082. Transit pass program for Department of Defense personnel in poor air 
quality areas. 
Sec. 1083. Transfer of Vietnam era TA—4 aircraft to nonprofit foundation. 
Sec. 1084. Transfer of 19th century cannon to museum. 
Sec. 1085. Fees for providing historical information to the public. 
Sec. 1086. Grants to American Red Cross for Armed Forces emergency services. 
Sec. 1087. Technical and clerical amendments. 
Sec. 1088. Maximum size of parcel post packages transported overseas for Armed 
Forces post offices. 
Sec. 1089. Sense of Congress regarding tax treatment of members receiving special 
pay for duty subject to hostile fire or imminent danger. 
Sec. 1090. Organization and management of Civil Air Patrol. 
Sec. 1091. Additional duties for Commission to Assess United States National Secu-
rity Space Management and Organization. 
Sec. 1092. Commission on the Future of the United States Aerospace Industry. 
Sec. 1093. Drug addiction treatment. 
Subtitle A—Financial Matters 
SEC. 1001. TRANSFER AUTHORITY. 
(a) AUTHORITY To TRANSFER AUTHORIZATIONS.—(1) Upon deter-
mination by the Secretary of Defense that such action is necessary 
in the national interest, the Secretary may transfer amounts of 
authorizations made available to the Department of Defense in 
this division for fiscal year 2001 between any such authorizations 
for that fiscal year (or any subdivisions thereof). Amounts of 
authorizations so transferred shall be merged with and be available 
for the same purposes as the authorization to which transferred. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-245 
(2) The total amount of authorizations that the Secretary may 
transfer under the authority of this section may not exceed 
$2,000,000,000. 
(b) LIMITATIONS.—^The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 
(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex pre-
pared by the committee of conference to accompany the conference 
report on the bill H.R. 4205 of the One Hundred Sixth Congress 
and transmitted to the President is hereby incorporated into this 
Act. 
(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The 
amounts specified in the Classified Annex are not in addition to 
amounts authorized to be appropriated by other provisions of this 
Act. 
(c) LIMITATION ON USE OF FUNDS.—^Funds appropriated pursu-
ant to an authorization contained in this Act that are made avail-
able for a program, project, or activity referred to in the Classified 
Annex may only be expended for such program, project, or activity 
in accordance with such terms, conditions, limitations, restrictions, 
and requirements as are set out for that program, project, or activity 
in the Classified Annex. 
(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall 
provide for appropriate distribution of the Classified Annex, or 
of appropriate portions of the annex, within the executive branch 
of the Government. 
SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 2000. 
Amounts authorized to be appropriated to the Department of 
Defense for fiscal year 2000 in the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65) are hereby adjusted, 
with respect to any such authorized amount, by the amount by 
which appropriations pursuant to such authorization were increased 
(by a supplemental appropriation) or decreased (by a rescission), 
or both, in the Emergency Supplemental Act, 2000 (division B 
of Public Law 106-246) or in title IX of the Department of Defense 
Appropriations Act, 2001 (Public Law 106-259). 
SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
BUDGETS IN FISCAL YEAR 2001. 
(a) FISCAL YEAR 2001 LIMITATION.—^The total amount contrib-
uted by the Secretary of Defense in fiscal year 2001 for the common-
funded budgets of NATO may be any amount up to, but not in 
excess of, the amount specified in subsection (b) (rather than the 
114 STAT. 1654A-246 
PUBLIC LAW 106-398—APPENDIX 
maximum amount that would otherwise be appHcable to those 
contributions under the fiscal year 1998 baseline limitation). 
(b) TOTAL AMOUNT.—The amount of the limitation applicable 
under subsection (a) is the sum of the following: 
(1) The amounts of unexpended balances, as of the end 
of fiscal year 2000, of funds appropriated for fiscal years before 
fiscal year 2001 for payments for those budgets. 
(2) The amount specified in subsection (c)(1). 
' 
(3) The amount specified in subsection (c)(2). 
(4) The total amount of the contributions authorized to 
be made under section 2501. 
(c) AUTHORIZED AMOUNTS.—^Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions 
for the common-funded budgets of NATO as follows: 
(1) Of the amount provided in section 201(1), $743,000 
for the Civil Budget. 
(2) Of the amount provided in section 301(1), $181,981,000 
for the Military Budget. 
(d) DEFINITIONS.—For purposes of this section: 
(1) COMMON-FUNDED BUDGETS OF NATO.—The term "com-
mon-funded budgets of NATO" means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term "fis-
cal year 1998 baseline limitation" means the maximum annual 
amount of Department of Defense contributions for common-
funded budgets of NATO that is set forth as the annual limita-
tion in section 3(2)(C)(ii) of the resolution of the Senate giving 
the advice and consent of the Senate to the ratification of 
the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30, 1998. 
SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACE-
KEEPING OPERATIONS FOR FISCAL YEAR 2001. 
(a) LIMITATION.—Of the amounts authorized to be appropriated 
by section 301(24) for the Overseas Contingency Operations Trans-
fer Fund— 
(1) no more than $1,387,800,000 may be obligated for 
incremental costs of the Armed Forces for Bosnia peacekeeping 
operations; and 
(2) no more than $1,650,400,000 may be obligated for 
incremental costs of the Armed Forces for Kosovo peacekeeping 
operations. 
(b) PRESIDENTIAL WAIVER.—The President may waive the 
limitation in subsection (a)(1), or the limitation in subsection (a)(2), 
after submitting to Congress the following: 
(1) The President's written certification that the waiver 
is necessary in the national security interests of the United 
States. 
(2) The President's written certification that exercising the 
waiver will not adversely affect the readiness of United States 
military forces. 
(3) A report setting forth the following: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-247 
(A) The reasons that the waiver is necessary in the 
•
- * -y 
national security interests of the United States. 
(B) The specific reasons that additional funding is 
required for the continued presence of United States mili-
tary forces participating in, or supporting, Bosnia peace-
keeping operations, or Kosovo peacekeeping operations, as 
the case may be, for fiscal year 2001. 
(C) A discussion of the impact on the military readiness 
of United States Armed Forces of the continuing deploy-
ment of United States military forces participating in, or 
supporting, Bosnia peacekeeping operations, or Kosovo 
peacekeeping operations, as the case may be. 
(4) A supplemental appropriations request for the Depart-
ment of Defense for such amounts as are necessary for the 
additional fiscal year 2001 costs associated with United States 
military forces participating in, or supporting, Bosnia or Kosovo 
peacekeeping operations. 
(c) PEACEKEEPING OPERATIONS DEFINED.—For the purposes of 
this section: 
(1) The term "Bosnia peacekeeping operations" has the 
meaning given such term in section 1004(e) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 
1999 (Public Law 105-261; 112 Stat. 2112). 
; 
(2) The term "Kosovo peacekeeping operations"— 
^ • 
(A) means the operation designated as Operation Joint 
Guardian and any other operation involving the participa-
tion of any of the Armed Forces in peacekeeping or peace 
' ^ 
enforcement activities in and around Kosovo; and 
i*'-^ 
(B) includes, with respect to Operation Joint Guardian 
or any such other operation, each activity that is directly 
related to the support of the operation. 
SEC. 
1006. REQUIREMENT FOR PROMPT PAYMENT OF CONTRACT 
VOUCHERS. 
(a) REQUIREMENT.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding after section 2225, as added by section 
812(a)(1), the following new section: 
"§2226. Contracted property and services: prompt payment 
of vouchers 
"(a) REQUIREMENT.—Of the contract vouchers that are received 
by the Defense Finance and Accounting Service by means of the 
mechanization of contract administration services system, the num-
ber of such vouchers that remain unpaid for more than 30 days 
as of the last day of each month may not exceed 5 percent of 
the total number of the contract vouchers so received that remain 
unpaid on that day. 
"(b) CONTRACT VOUCHER DEFINED.—In this section, the term 
'contract voucher' means a voucher or invoice for the payment 
to a contractor for services, commercial items (as defined in section 
4(12) of the Office of Federal Procurement Pohcy Act (41 U.S.C. 
403(12))), or other deliverable items provided by the contractor 
under a contract funded by the Department of Defense.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 2225, 
as added by section 812(a)(2), the following new item: 
"2226. Contracted property and services: prompt payment of vouchers.". 
79-194 O - 00 - 10 : QL 3 Part 3 
114 STAT. 1654A-248 
PUBLIC LAW 106-398—APPENDIX 
(b) EFFECTIVE DATE.—Section 2226 of title 10, United States 
Code (as added by subsection (a)), shall take effect on December 
1, 2000. 
(c) CONDITIONAL REQUIREMENT FOR REPORT.—(1) If for 
any 
month of the noncompliance reporting period the requirement in 
section 2226 of title 10, United States Code (as added by subsection 
(a)), is not met, the Secretary of Defense shall submit to the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
the magnitude of the unpaid contract vouchers. The report for 
a month shall be submitted not later than 30 days after the end 
of that month. 
(2) A report for a month under paragraph (1) shall include 
information current as of the last day of the month as follows: 
(A) The number of the vouchers received by the Defense 
Finance and Accounting Service by means of the mechanization 
of contract administration services system during each month. 
(B) The number of the vouchers so received, whenever 
received by the Defense Finance and Accounting Service, that 
remain unpaid for each of the following periods: 
(i) Over 30 days and not more than 60 days. 
(ii) Over 60 days £ind not more than 90 days. 
(iii) More than 90 days. 
(C) The number of the vouchers so received that remain 
unpaid for the major categories of procurements, as defined 
by the Secretary of Defense. 
(D) The corrective actions that are necessary, and those 
that are being taken, to ensure compliance with the require-
ment in subsection (a). 
(3) For purposes of this subsection: 
(A) The term "noncompliance reporting period" means the 
period beginning on December 1, 2000, and ending on November 
30, 2004. 
(B) The term "contract voucher" has the meaning given 
that term in section 2226(b) of title 10, United States Code 
(as added by subsection (a)). 
SEC. 1007. PLAN FOR PROMPT RECORDING OF OBLIGATIONS OF FUNDS 
FOR CONTRACTUAL TRANSACTIONS. 
(a) REQUIREMENT FOR PLAN.—The Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives, not later than November 15, 2000, 
a plan for ensuring that each obligation of the Department of 
Defense under a transaction described in subsection (c) be recorded 
in the appropriate financial administration systems of the Depart-
ment of Defense not later than 10 days after the date on which 
the obligation is incurred. 
(b) CONTENT OF PLAN.—The plan under subsection (a) shall 
provide for the following: 
(1) The recording of obligations in accordance with require-
ments that apply uniformly throughout the Department of 
Defense, including requirements for the recording of detailed 
data on each such obligation. 
(2) A system of accounting classification reference numbers 
for the recording of obligations that applies uniformly through-
out the Department of Defense. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-249 
(3) A discussion of how the plan is to be implemented, 
including a schedule for implementation. 
(c) COVERED TRANSACTIONS.—The plan shall apply to each 
obligation under any of the following transactions of the Department 
of Defense: 
(1) A contract. 
(2) A grant. 
(3) A cooperative agreement. 
(4) A transaction authorized under section 2371 of title 
10, United States Code. 
SEC. 1008. ELECTRONIC SUBMISSION AND PROCESSING OF CLAIMS 
FOR CONTRACT PAYMENTS. 
(a) REQUIREMENTS.—(1) Chapter 131 of title 10, United States 
Code, is amended by adding after section 2226, as added by section 
1006(a)(1), the following new section: 
^'§2227. Electronic submission and processing of claims for 
contract payments 
"(a) SUBMISSION OF CLAIMS.—The Secretary of Defense shall 
require that any claim for payment under a Department of Defense 
contract shall be submitted to the Department of Defense in elec-
tronic form. 
"(b) PROCESSING.—^A contracting officer, contract administrator, 
certifying official, or other officer or employee of the Department 
of Defense who receives a claim for payment in electronic form 
in accordance with subsection (a) and is required to transmit the 
claim to any other officer or employee of the Department of Defense 
for processing under procedures of the department shall transmit 
the claim and any additional documentation necessary to support 
the determination and payment of the claim to such other officer 
or employee electronically. 
"(c) WAIVER AUTHORITY.—If the Secretary of Defense deter-
mines that the requirement for using electronic means for submit-
ting claims under subsection (a), or for transmitting claims and 
supporting documentation under subsection (b), is unduly burden-
some in any category of cases, the Secretary may exempt the 
cases in that category from the application of the requirement. 
"(d) IMPLEMENTATION OF REQUIREMENTS.—In implementing 
subsections (a) and (b), the Secretary of Defense shall provide 
for the following: 
"(1) Policies, requirements, and procedures for using elec-
tronic means for the submission of claims for payment to the 
Department of Defense and for the transmission, between 
Department of Defense officials, of claims for payment received 
in electronic form, together with supporting documentation 
(such as receiving reports, contracts and contract modifications, 
and required certifications). 
"(2) The format in which information can be accepted by 
the corporate database of the Defense Finance and Accounting 
Service. 
"(3) The requirements to be included in contracts regarding 
the electronic submission of claims for payment by contractors. 
"(e) CLAIM FOR PAYMENT DEFINED.—In this section, the term 
'claim for payment' means an invoice or any other demand or 
request for payment.". 
114 STAT. 1654A-250 
PUBLIC LAW 106-398—APPENDIX 
(2) The table of sections at the beginning of such chapter 
is amended by adding after the item relating to section 2226, 
as added by section 1006(a)(2), the following new item: 
"2227. Electronic submission and processing of claims for contract payments.". 
(b) IMPLEMENTATION PLAN.—Not later than March 30, 2001, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a plan 
for the implementation of the requirements imposed under section 
2227 of title 10, United States Code (as added by subsection (a)). 
The plan shall provide for each of the matters specified in subsection 
(d) of that section. 
(c) APPLICABILITY.—(1) Subject to paragraph (2), the Secretary 
of Defense shall apply section 2227 of title 10, United States Code 
(as added by subsection (a)), with respect to contracts for which 
solicitations of offers are issued after June 30, 2001. 
(2)(A) The Secretary may delay the implementation of section 
2227 to a date after June 30, 2001, upon a finding that it is 
impracticable to implement that section until that later date. In 
no event, however, may the implementation be delayed to a date 
after October 1, 2002. 
(B) Upon determining to delay the implementation of such 
section 2227 to a later date under subparagraph (A), the Secretary 
shall promptly publish a notice of the delay in the Federal Register. 
The notice shall include a specification of the later date on which 
the implementation of that section is to begin. Not later than 
30 days before the later implementation date, the Secretary shall 
publish in the Federal Register another notice that such section 
is being implemented beginning on that date. 
SEC. 
1009. ADMINISTRATIVE 
OFFSETS 
FOR 
OVERPAYMENT 
OF 
TRANSPORTATION COSTS. 
(a) OFFSETS FOR OVERPAYMENTS OR LIQUIDATED DAMAGES.— 
(1) Section 2636 of title 10, United States Code, is amended to 
read as follows: 
"§ 2636. Deductions from amounts due carriers 
"(a) AMOUNTS FOR LOSS OR DAMAGE.—^An amount deducted 
from an amount due a carrier shall be credited as follows: 
"(1) If deducted because of loss of or damage to material 
in transit for a military department, the amount shall be cred-
ited to the proper appropriation, account, or fund from which 
the same or similar material may be replaced. 
"(2) If deducted as an administrative offset for an overpay-
ment previously made to the carrier under any Department 
of Defense contract for transportation services or as liquidated 
damages due under any such contract, the amount shall be 
credited to the appropriation or account from which pa3mients 
for the transportation services were made. 
"(b) SIMPLIFIED OFFSET FOR COLLECTION OF CLAIMS NOT IN 
EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD.—(1) In 
any 
case in which the total amount of a claim for the recovery of 
overpayments or liquidated damages under a contract described 
in subsection (a)(2) does not exceed the simplified acquisition thresh-
old, the Secretary of Defense or the Secretary concerned, in exercis-
ing the authority to collect the claim by administrative offset under 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-251 
section 3716 of title 31, may apply paragraphs (2) and (3) of sub-
section (a) of that section with respect to that collection after 
(rather than before) the claim is so collected. 
"(2) Regulations prescribed by the Secretary of Defense under 
subsection (b) of section 3716 of title 31— 
"(A) shall include provisions to carry out paragraph (1); 
and 
"(B) shall provide the carrier for a claim subject to para-
graph (1) with an opportunity to offer an alternative method 
of repaying the claim (rather than by administrative offset) 
if the collection of the claim by administrative offset has not 
already been made. 
"(3) In this subsection, the term 'simplified acquisition thresh-
old' has the meaning given that term in section 4(11) of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403(11)).". 
(2) The item relating to such section in the table of sections 
at the beginning of chapter 157 of such title is amended to read 
as follows: 
"2636. Deductions from amounts due carriers.". 
(b) EFFECTIVE DATE.—Subsections (a)(2) and (b) of section 2636 
of title 10, United States Code, as added by subsection (a)(1), 
shall apply with respect to contracts entered into after the date 
of the enactment of this Act. 
SEC. 1010. INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM 
PAYMENTS DUE UNDER GOVERNMENT SERVICE CON-
TRACTS. 
(a) PROMPT PAYMENT REQUIREMENT FOR INTERIM PAYMENTS.— 
Under regulations prescribed under subsection (c), the head of 
an agency acquiring services from a business concern under a 
cost reimbursement contract requiring interim pa5mrients who does 
not pay the concern a required interim payment by the date that 
is 30 days after the date of the receipt of a proper invoice shall 
pay an interest penalty to the concern on the amount of the payment 
due. The interest shall be computed as provided in section 3902(a) 
of title 31, United States Code. 
(b) REGULATIONS.—The Director of the Office of Management 
and Budget shall prescribe regulations to carry out this section. 
Such regulations shall be prescribed as part of the regulations 
prescribed under section 3903 of title 31, United States Code. 
(c) INCORPORATION OF CERTAIN PROVISIONS OF LAW.—The provi-
sions of chapter 39 of title 31, United States Code, shall apply 
to this section in the same manner as if this section were enacted 
as part of such chapter. 
(d) EFFECTIVE DATE.—Subsection (a) shall take effect on Decem-
ber 15, 2000. No interest shall accrue by reason of that subsection 
for any period before that date. 
Subtitle B—Naval Vessels and Shipyards 
SEC. 1011. REVISIONS TO NATIONAL DEFENSE FEATURES PROGRAM. 
Section 2218(k) of title 10, United States Code, is amended— 
(1) by adding at the end of paragraph (1) the following 
new sentence: "As consideration for a contract with the head 
of an agency under this subsection, the company entering into 
the contract shall agree with the Secretary of Defense to make 
114 STAT. 1654A-252 
PUBLIC LAW 106-398—APPENDIX 
any vessel covered by the contract available to the Secretary, 
fully crewed and ready for sea, at any time at any port deter-
mined by the Secretary, and for whatever duration the Sec-
retary determines necessary."; 
(2) by adding at the end of paragraph (2) the following 
new subparagraph: 
"(E) Payments of such sums as the Government would 
otherwise expend, if the vessel were placed in the Ready 
Reserve Fleet, for maintaining the vessel in the status des-
ignated as 'ROS-4 status' in the Ready Reserve Fleet for 25 
years."; and 
(3) by adding at the end the following new paragraph: 
"(6) The head of an agency may not enter into a contract 
under paragraph (1) that would provide for payments to the contrac-
tor as authorized in paragraph (2)(E) until notice of the proposed 
contract is submitted to the congressional defense committees and 
a period of 90 days has elapsed.". 
SEC. 1012. SENSE OF CONGRESS ON THE NAMING OF THE CVN-77 AIR-
CRAFT CARRIER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Over the last three decades Congress has authorized 
and appropriated funds for a total of 10 Nimitz class aircraft 
carriers. 
(2) The last vessel in the Nimitz class of aircraft carriers, 
CVN-77, is currently under construction and will be delivered 
in 2008. 
(3) The first nine vessels in this class bear the following 
proud names: 
(A) U.S.S. Nimitz (CVN-68). 
(B) U.S.S. Dwight D. Eisenhower (CVN-69). 
(C) U.S.S. Carl Vinson (CVN-70). 
(D) U.S.S. Theodore Roosevelt (CVN-71). 
(E) U.S.S. Abraham Lincoln (CVN-72). 
(F) U.S.S. George Washington (CVN-73). 
(G) U.S.S. John C. Stennis (CVN-74). 
(H) U.S.S. Harry S. Truman (CVN-75). 
(I) U.S.S. Ronald Reagan (CVN-76). 
(4) It is appropriate for Congress to recommend to the 
President, as Commander in Chief of the Armed Forces, an 
appropriate name for the final vessel in the Nimitz class of 
aircraft carriers. 
(5) Over the last 25 years the vessels in the Nimitz class 
of aircraft carriers have served as one of the principal means 
of United States diplomacy and as one of the principal means 
for the defense of the United States and its allies aroimd 
the world. 
(6) The name bestowed upon the aircraft carrier CVN-
77 should embody the American spirit and provide a lasting 
symbol of the American commitment to freedom. 
(7) The name "Lexington" has been a symbol of freedom 
from the first battle of the American Revolution. 
(8) The two aircraft carriers previously named U.S.S. 
Lexington (the CV-2 and the CV-16) served the Nation for 
64 years, served in World War II, and earned a total of 13 
battle stars. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-253 
(9) One of those honored vessels, the CV-2, was lost at 
the Battle of the Coral Sea on May 8, 1942. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the CVN-77 aircraft 
carrier should be named the "U.S.S. 
Lexington"— 
(1) in order to honor the men and women who served 
in the Armed Forces of the United States during World War 
II and the incalculable number of United States citizens on 
the home front during that war who mobilized in the name 
of freedom; and 
(2) as a special tribute to the 16,000,000 veterans of the 
Armed Forces who served on land, sea, and air during World 
War II (of whom fewer than 6,000,000 remain alive today) 
and a lasting symbol of their commitment to freedom as they 
pass on having proudly taken their place in history. 
SEC. 1013. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
FOREIGN COUNTRIES. 
(a) TRANSFERS BY GRANT.—The President is authorized to 
transfer vessels to foreign countries on a grant basis under section 
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 232 Ij) as 
follows: 
(1) BRAZIL.—To the Government of Brazil— 
(A) the THOMASTON class dock landing ships ALAMO 
(LSD 33) and HERMITAGE (LSD 34); and 
(B) the GARCIA class frigates BRADLEY (FF 1041), 
DAVIDSON (FF 1045), SAMPLE (FF 1048) and ALBERT 
DAVID (FF 1050). 
(2) GREECE.—To the Government of Greece, the KNOX 
class frigates VREELAND (FF 1068) and TRIPPE (FF 1075). 
(b) TRANSFERS ON A COMBINED LEASE-SALE BASIS.—(1) 
The 
President is authorized to transfer vessels to foreign countries on 
a combined lease-sale basis under sections 61 and 21 of the Arms 
Export Control Act (22 U.S.C. 2796 and 2761) and in accordance 
with subsection (c) as follows: 
(A) CHILE.—To the Government of Chile, the OLIVER HAZ-
ARD PERRY class guided missile frigates WADSWORTH (FFG 
9), and ESTOCIN (FFG 15). 
(B) TURKEY.—To the Government of Turkey, the OLIVER 
HAZARD PERRY class guided missile frigates JOHN A. 
MOORE (FFG 19) and FLATLEY (FFG 21). 
(2) The authority provided under paragraph (1)(B) is in addition 
to the authority provided under section 1018(a)(9) of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
65; 113 Stat. 745) for the transfer of those vessels to the Government 
of Turkey on a sale basis under section 21 of the Arms Export 
Control Act (22 U.S.C. 2761). 
(c) CONDITIONS RELATING TO COMBINED LEASE-SALE TRANS-
FERS.—^A transfer of a vessel on a combined lease-sale basis author-
ized by subsection (b) shall be made in accordance with the following 
requirements: 
(1) The President may initially transfer the vessel by lease, 
with lease payments suspended for the term of the lease, if 
the country entering into the lease for the vessel simultaneously 
enters into a foreign military sales agreement for the transfer 
of title to the vessel. 
114 STAT. 1654A-254 
PUBLIC LAW 106-398—APPENDIX 
(2) The President may not deliver to the purchasing country 
title to the vessel until the purchase price of the vessel under 
such a foreign military sales agreement is paid in full. 
(3) Upon payment of the purchase price in full under such 
a sales agreement and delivery of title to the recipient country, 
the President shall terminate the lease. 
(4) If the purchasing country fails to make full payment 
of the purchase price in accordance with the sales agreement 
by the date required under the sales agreement— 
(A) the sales agreement shall be immediately termi-
nated; 
(B) the suspension of lease payments under the lease 
shall be vacated; and 
(C) the United States shall be entitled to retain all 
funds received on or before the date of the termination 
under the sales agreement, up to the amount of the lease 
payments due and payable under the lease and all other 
costs required by the lease to be paid to that date. 
(5) If a sales agreement is terminated pursuant to para-
graph (4), the United States shall not be required to pay any 
interest to the recipient country on any amount paid to the 
United States by the recipient country under the sales agree-
ment and not retained by the United States under the lease. 
(d) AUTHORIZATION OF APPROPRIATIONS FOR COSTS OF LEASE-
SALE TRANSFERS.—There is hereby authorized to be appropriated 
into the Defense Vessels Transfer Program Account such sums 
as may be necessary for paying the costs (as defined in section 
502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) 
of the lease-sale transfers authorized by subsection (b). Amounts 
so appropriated shall be available only for the purpose of paying 
those costs. 
(e) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 
another country on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority 
provided by subsection (a) shall not be counted for the purposes 
of subsection (g) of that section in the aggregate value of excess 
defense articles transferred to countries under that section in any 
fiscal year. 
(f) COSTS OF TRANSFERS.—^Any expense incurred by the United 
States in connection with a transfer authorized by this section 
shall be charged to the recipient (notwithstanding section 516(e)(1) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(l))) in 
the case of a transfer authorized to be made on a grant basis 
under subsection (a). 
(g) REPAIR AND REFURBISHMENT IN UNITED STATES SHIP-
YARDS.—To the maximum extent practicable, the President shall 
require, as a condition of the transfer of a vessel under this section, 
that the country to which the vessel is transferred have such 
repair or refurbishment of the vessel as is needed, before the 
vessel joins the naval forces of that country, performed at a shipyard 
located in the United States, including a United States Navy ship-
yard. 
(h) EXPIRATION OF AUTHORITY.—The authority to transfer a 
vessel under this section shall expire at the end of the two-year 
period beginning on the date of the enactment of this Act. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-255 
« 
(i) COORDINATION OF PROVISIONS.—(1) If the Security Assist-
ance Act of 2000 is enacted before this Act, the provisions of 
this section shall not take effect. 
(2) If the Security Assistance Act of 2000 is enacted after 
this Act, this section shall cease to be in effect upon the enactment 
of that Act. 
SEC. 1014. AUTHORITY TO CONSENT TO RETRANSFER OF ALTER-
NATIVE FORMER NAVAL VESSEL BY GOVERNMENT OF 
GREECE. 
(a) AUTHORITY FOR RETRANSFER OF ALTERNATIVE VESSEL.— 
Section 1012 of the National Defense Authorization Act for Fiscal 
Year 2000 (Pubhc Law 106-65; 113 Stat. 740) is amended— 
(1) in subsection (a), by inserting after "HS Rodos (ex-
^ • USS BOWMAN COUNTY (LST 391))" the following: ", LST 
325, or any other former United States LST previously trans-
ferred to the Government of Greece that is excess to the needs 
of that government"; and 
V
* 
(2) in subsection (b)(1), by inserting "retransferred under 
"' 
subsection (a)" after "the vessel". 
(b) REPEAL.—Section 1305 of the Arms Control, Nonprolifera-
tion, and Security Assistance Act of 1999 (113 Stat. 1501A-511) 
is repealed. 
Subtitle C—Counter-Drug Activities 
SEC. 1021. EXTENSION OF AUTHORITY TO PROVIDE SUPPORT FOR 
COUNTER-DRUG ACTIVITIES OF COLOMBIA, 
(a) EXTENSION OF AUTHORITY.—Section 1033 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881) is amended— 
(1) in subsection (a), by striking "during fiscal years 1998 
through 2002,"; and 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting before the period 
at the end the following: ", for fiscal years 1998 through 
2002"; and 
(B) in paragraph (2), by inserting before the period 
at the end the following: ", for fiscal years 1998 through 
> 
2006". 
(b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2) 
of such section is amended by striking "2002" and inserting "2006". 
SEC. 1022. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES 
TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES. 
Not later than January 1, 2001, the Secretary of Defense shall 
submit to the congressional defense committees a report detailing 
the expenditure of funds by the Secretary during fiscal year 2000 
in direct or indirect support of the counter-drug activities of foreign 
governments. The report shall include the following for each foreign 
government: 
(1) The total amount of assistance provided to, or expended 
on behalf of, the foreign government. 
ui- 
(2) A description of the types of counter-drug activities 
conducted using the assistance. 
(3) An explanation of the legal authority under which the 
assistance was provided. 
114 STAT. 1654A-256 
PUBLIC LAW 106-398—APPENDIX 
SEC. 1023. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR 
COUNTER-DRUG ACTIVITIES. 
(a) REQUIREMENT FOR SUBMITTAL OF RECOMMENDATIONS.—Not 
later than February 1, 2001, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives the recommendations of the Secretary regarding 
whether expanded support for counter-drug activities should be 
authorized under section 1033 of the National Defense Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) 
for the region that includes the countries that are covered by 
that authority on the date of the enactment of this Act. 
(b) CONTENT OF SUBMISSION.—^The submission under subsection 
(a) shall include the following: 
(1) What, if any, additional countries should be covered. 
(2) What, if any, additional support should be provided 
to covered countries, together with the reasons for recommend-
ing the additional support. 
(3) For each country recommended under paragraph (1), 
a plan for providing support, including the counter-drug activi-
ties proposed to be supported. 
SEC. 1024. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM. 
(a) REQUIREMENT FOR REVIEW.—The Secretary of Defense shall 
review the riverine counter-drug program supported under section 
1033 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105-85; 111 Stat. 1881). 
(b) REPORT.—Not later than February 1, 2001, the Secretary 
shall submit a report on the riverine counter-drug program to 
the Committees on Armed Services of the Senate and the House 
of Representatives. The report shall include, for each country receiv-
ing support under the riverine counter-drug program, the following: 
(1) The Assistant Secretary's assessment of the effective-
ness of the program. 
(2) A recommendation regarding which of the Armed 
Forces, units of the Armed Forces, or other organizations within 
the Department of Defense should be responsible for managing 
the program. 
(c) DELEGATION OF AUTHORITY.—^The Secretary shall require 
the Assistant Secretary of Defense for Special Operations and Low 
Intensity Conflict to carry out the responsibilities under this section. 
SEC. 1025. REPORT ON TETHERED AEROSTAT RADAR SYSTEM. 
(a) REPORT REQUIRED.—Not later than May 1, 2001, The Sec-
retary of Defense shall submit to Congress a report on the status 
of the Tethered Aerostat Radar System used to conduct counter-
drug detection and monitoring and border security and air sov-
ereignty operations. The report shall include the following: 
(1) The status and operational availability of each of the 
existing sites of the Tethered Aerostat Radar System. 
(2) A discussion of any plans to close, during the next 
5 years, currently operational sites, including a review of the 
justification for each proposed closure. 
(3) A review of the requirements of other agencies, espe-
cially the United States Customs Service, for data derived 
from the Tethered Aerostat Radar System. 
(4) An assessment of the value of the Tethered Aerostat 
Radar System in the conduct of counter-drug detection and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-257 
monitoring and border security and air sovereignty operations 
compared to other surveillance systems available for such oper-
ations. 
(5) The costs associated with the planned standardization 
of the Tethered Aerostat Radar System and the Secretary's 
analysis of that standardization. 
(b) CONSULTATION.—The Secretary of Defense shall prepare 
the report in consultation with the Secretary of the Treasury. 
SEC. 1026. SENSE OF CONGRESS REGARDING USE OF ARMED FORCES 
FOR COUNTER-DRUG AND COUNTER-TERRORISM ACTIVI-
TIES. 
It is the sense of Congress that the President should be able 
to use members of the Army, Navy, Air Force, and Marine Corps 
to assist law enforcement agencies, to the full extent consistent 
with section 1385 of title 18, United States Code (commonly known 
as the Posse Comitatus Act), section 375 of title 10, United States 
Code, and other applicable law, in preventing the entry into the 
United States of terrorists and drug traffickers, weapons of mass 
destruction, components of weapons of mass destruction, and prohib-
ited narcotics and drugs. 
Subtitle D—Counterterrorism and 
Domestic Preparedness 
SEC. 
1031. PREPAREDNESS OF MILITARY INSTALLATION FIRST 
RESPONDERS FOR INCIDENTS INVOLVING WEAPONS OF 
MASS DESTRUCTION. 
(a) REQUIREMENT FOR REPORT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report on the program of the Department 
of Defense to ensure the preparedness of the first responders of 
the Department of Defense for incidents involving weapons of mass 
destruction on installations of the Department of Defense. 
(b) CONTENT OF REPORT.—The report shall include the follow-
ing: 
(1) A detailed description of the overall preparedness pro-
gram. 
(2) A detailed description of the deficiencies in the 
preparedness of Department of Defense installations to respond 
to an incident involving a weapon of mass destruction, together 
with a discussion of the actions planned to be taken by the 
Department of Defense to correct the deficiencies. 
(3) The schedule and costs associated with the implementa-
tion of the preparedness program. 
(4) The Department's plan for coordinating the prepared-
ness program with responders in the communities in the local-
ities of the installations. 
(5) The Department's plan for promoting the interoper-
ability of the equipment used by the installation first respond-
ers referred to in subsection (a) with the equipment used by 
the first responders in those communities. 
(c) FORM OF REPORT.—The report shall be submitted in an 
unclassified form, but may include a classified annex. 
(d) DEFINITIONS.—In this section: 
114 STAT. 1654A-258 
PUBLIC LAW 106-398—APPENDIX 
(1) The term "first responder" means an organization 
responsible for responding to an incident involving a weapon 
of mass destruction. 
(2) The term "weapon of mass destruction" has the meaning 
given that term in section 1403(1) of the Defense Against 
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)). 
SEC. 1032. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL SUP-
PORT TEAMS. 
During fiscal year 2001, the Secretary of Defense shall establish 
five additional teams designated as Weapons of Mass Destruction 
Civil Support Teams (for a total of 32 such teams). 
SEC. 1033. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE 
DOMESTIC 
PREPAREDNESS 
TO 
COMBAT 
CYBERTERRORISM. 
(a) ESTABLISHMENT OF PROGRAM.—^1) Chapter 148 of title 10, 
United States Code, is amended by adding at the end the following 
new subchapter: 
"SUBCHAPTER VII—CRITICAL INFRASTRUCTURE 
PROTECTION LOAN GUARANTEES 
"Sec. 
"2541. Establishment of loan guarantee program. 
"2541a. Fees charged and collected. 
"2541b. Administration. 
"2541c. Transferability, additional limitations, and definition. 
"2541d. Reports. 
*
*
§ 2541. Establishment of loan guarantee program 
"(a) ESTABLISHMENT.—In order to meet the national security 
objectives in section 2501(a) of this title, the Secretary of Defense 
shall establish a program under which the Secretary may issue 
guarantees assuring lenders against losses of principal or interest, 
or both principal and interest, for loans made to qualified commer-
cial firms to fund, in whole or in part, any of the following activities: 
"(1) The improvement of the protection of the critical infra-
structure of the commercial firms. 
"(2) The refinancing of improvements previously made to 
the protection of the critical infrastructure of the commercial 
firms. 
"(b) QUALIFIED COMMERCIAL FIRMS.—For purposes of this sec-
tion, a qualified commercial firm is a company or other business 
entity (including a consortium of such companies or other business 
entities, as determined by the Secretary) that the Secretary 
determines— 
"(1) conducts a significant level of its research, develop-
ment, engineering, and manufacturing activities in the United 
States; 
"(2) is a company or other business entity the majority 
ownership or control of which is by United States citizens 
or is a company or other business of a parent company that 
is incorporated in a country the government of which— 
"(A) encourages the participation of firms so owned 
or controlled in research and development consortia to 
which the government of that country provides funding 
directly or provides funding indirectly through inter-
national organizations or agreements; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-259 
"(B) affords adequate and effective protection for the 
intellectual property rights of companies incorporated in 
the United States; 
"(3) provides technology products or services critical to 
the operations of the Department of Defense; 
"(4) meets standards of prevention of cyberterrorism 
applicable to the Department of Defense; and 
"(5) agrees to submit the report required under section 
2541d of this title. 
"(c) LOAN LIMITS.—The maximum amount of loan principal 
f
uaranteed during a fiscal year under this section may not exceed 
10,000,000, with respect to all borrowers. 
"(d) GOALS AND STANDARDS.—The Secretary shall prescribe 
regulations setting forth goals for the use of the loan guarantees 
provided under this section and standards for evaluating whether 
those goals are met by each entity receiving such loan guarantees. 
"(e) AUTHORITY SUBJECT TO PROVISIONS OF APPROPRIATIONS.— 
The Secretary may guarantee a loan under this subchapter only 
to such extent or in such amounts as may be provided in advance 
in appropriations Acts. 
''§ 2541a. Fees charged and collected 
"(a) FEE REQUIRED.—The Secretary of Defense shall assess 
a fee for providing a loan guarantee under this subchapter. 
"(b) AMOUNT OF FEE.—The amount of the fee shall be not 
less than 75 percent of the amount incurred by the Secretary 
to provide the loan guarantee, 
"(c) SPECIAL ACCOUNT.—(1) Such fees shall be credited to a 
special account in the Treasury. 
"(2) Amounts in the special account shall be available, to the 
extent and in amounts provided in appropriations Acts, for paying 
the costs of administrative expenses of the Department of Defense 
that are attributable to the loan guarantee program under this 
subchapter. 
"(3)(A) If for any fiscal year amounts in the special account 
established under paragraph (1) are not available (or are not antici-
pated to be available) in a sufficient amount for administrative 
expenses of the Department of Defense for that fiscal year that 
are directly attributable to the administration of the program under 
this subchapter, the Secretary may use amounts currently available 
for operations and maintenance for Defense-wide activities, not 
to exceed $500,000 in any fiscal year, for those expenses. 
"(B) The Secretary shall, from funds in the special account 
established under paragraph (1), replenish operations and mainte-
nance accounts for amounts expended under subparagraph (A). 
''§ 2541b. Administration 
"(a) AGREEMENTS REQUIRED.—The Secretary of Defense may 
enter into one or more agreements, each with an appropriate Fed-
eral or private entity, under which such entity may, under this 
subchapter— 
"(1) process applications for loan guarantees; 
"(2) administer repayment of loans; and 
"(3) provide any other services to the Secretary to admin-
ister this subchapter. 
"(b) TREATMENT OF COSTS.—The costs of such agreements shall 
be considered, for purposes of the special account established under 
114 STAT. 1654A-260 
PUBLIC LAW 106-398—APPENDIX 
section 2541a(c), to be costs of administrative expenses of the 
Department of Defense that are attributable to the loan guarantee 
program under this subchapter. 
"§ 2541c. Transferability, additional limitations, and defini-
tion 
"The following provisions of subtitle VI of this chapter apply 
to guarantees issued under this subtitle: 
"(1) Section 2540a, relating to transferability of guarantees. 
"(2) Subsections (b) and (c) of section 2540b, providing 
limitations. 
"(3) Section 2540d(2), providing a definition of the term 
'cost'. 
"§ 2541d. Reports 
"(a) 
REPORT 
BY 
COMMERCIAL 
FIRMS 
TO 
SECRETARY 
OF 
DEFENSE.—The Secretary of Defense shall require each qualified 
commercial firm for which a loan is guaranteed under this sub-
chapter to submit to the Secretary a report on the improvements 
financed or refinanced with the loan. The report shall include 
an assessment of the value of the improvements for the protection 
of the critical infrastructure of that commercial firm. The Secretary 
shall prescribe the time for submitting the report. 
"(b) 
ANNUAL REPORT BY SECRETARY OF DEFENSE TO CON-
GRESS.—Not later than March 1 of each year in which guarantees 
are made under this subchapter, the Secretary of Defense shall 
submit to Congress a report on the loan guarantee program under 
this subchapter. The report shall include the following: 
"(1) The amounts of the loans for which guarantees were 
issued during the year preceding the year of the report. 
"(2) The success of the program in improving the protection 
of the critical infrastructure of the commercial firms covered 
by the guarantees. 
"(3) The relationship of the loan guarantee program to 
the critical infrastructure protection program of the Department 
of Defense, together with an assessment of the extent to which 
the loan guarantee program supports the critical infrastructure 
protection program. 
"(4) Any other information on the loan guarantee program 
that the Secretary considers appropriate to include in the 
report.". 
(2) The table of subchapters at the beginning of such chapter 
is amended by adding at the end the following new item: 
"VII. Critical Infrastructure Protection Loan Guarantees 
2541". 
(b) REDESIGNATION OF DISPLACED SECTIONS.—(1) Sections 2541 
through 2554 of chapter 152 of title 10, United States Code, are 
redesignated as sections 2551 through 2564, respectively. 
(2) The items in the table of sections at the beginning of 
chapter 152 of such title are revised to reflect the redesignations 
made by paragraph (1). 
(c) CONFORMING AMENDMENTS.—(1) Subsection (c)(3)(C) of sec-
tion 2561 of such title, as redesignated by subsection (b), is amended 
by striking "section 2547" and inserting "section 2557". 
(2) Subsection (b) of section 2562 of such title, as so redesig-
nated, is amended by striking "section 2547" and inserting "section 
2557". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-261 
(3) Section 7300 of such title is amended by striking "section 
2553" and inserting "section 2563". 
SEC. 1034, REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS 
AGAINST THE THREAT OF BIOLOGICAL TERRORISM. 
(a) REPORT REQUIRED.—Not later than March 31, 2001, the 
President shall submit to Congress a report on domestic prepared-
ness against the threat of biological terrorism. 
(b) REPORT ELEMENTS.—The report shall address the following: 
(1) The current state of United States preparedness to 
defend against a biologic attack. 
(2) The roles that various Federal agencies currently play, 
and should play, in preparing for, and defending against, such 
an attack. 
(3) The roles that State and local agencies and public 
health facilities currently play, and should play, in preparing 
for, and defending against, such an attack. 
(4) The advisability of establishing an intergovernmental 
task force to assist in preparations for such an attack. 
(5) The potential role of advanced communications systems 
in aiding domestic preparedness against such an attack. 
(6) The potential for additional research and development 
in biotechnology to aid domestic preparedness against such 
an attack. 
(7) Other measures that should be taken to aid domestic 
preparedness against such an attack. 
(8) The financial resources necessary to support efforts 
for domestic preparedness against such an attack. 
(9) The deficiencies and vulnerabilities in the United States 
public health system for dealing with the consequences of a 
biological terrorist attack on the United States, and current 
plans to address those deficiencies and vulnerabilities. 
(c) INTELLIGENCE ESTIMATE.—(1) Not later than March 1, 2001, 
the Secretary of Defense shall submit to Congress an intelligence 
estimate, prepared in consultation with the Director of Central 
Intelligence, containing— 
(A) an assessment of the threat to the United States posed 
by a terrorist using a biological weapon; and 
(B) an assessment of the relative consequences of an attack 
against the United States by a terrorist using a biological 
weapon compared with the consequences of an attack against 
the United States by a terrorist using a weapon that is a 
weapon of mass destruction other than a biological weapon 
or that is a conventional weapon. 
(2) The intelligence estimate submitted under paragraph (1) 
shall include a comparison of— 
(A) the likelihood of the threat of a terrorist attack against 
the United States through the use of a biological weapon, 
with 
(B) the likelihood of the threat of a terrorist attack against 
the United States through the use of a weapon that is a 
weapon of mass destruction other than a biological weapon 
or that is a conventional weapon. 
SEC. 1035. REPORT ON STRATEGY, POLICIES, AND PROGRAMS TO COM-
BAT DOMESTIC TERRORISM. 
Not later than 180 days after the date of the enactment of 
this Act, the Comptroller General of the United States shall submit 
114 STAT. 1654A-262 
PUBLIC LAW 106-398—APPENDIX 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the strategy, poUcies, and programs 
of the United States for combating domestic terrorism, and in 
particular domestic terrorism involving weapons of mass destruc-
tion. The report shall document the progress and problems experi-
enced by the Federal Government in organizing and preparing 
to respond to domestic terrorist incidents. 
Subtitle E—Strategic Forces 
SEC. 1041. REVISED NUCLEAR POSTURE REVIEW. 
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 
clarify United States nuclear deterrence policy and strategy for 
the near term, the Secretary of Defense shall conduct a comprehen-
sive review of the nuclear posture of the United States for the 
next 5 to 10 years. The Secretary shall conduct the review in 
consultation with the Secretary of Energy. 
(b) ELEMENTS OF REVIEW.—The nuclear posture review shall 
include the following elements: 
(1) The role of nuclear forces in United States military 
strategy, planning, and programming. 
(2) The policy requirements and objectives for the United 
States to maintain a safe, reliable, and credible nuclear deter-
rence posture. 
(3) The relationship among United States nuclear deter-
rence policy, targeting strategy, and arms control objectives. 
(4) The levels and composition of the nuclear delivery sys-
tems that will be required for implementing the United States 
national and military strategy, including any plans for replacing 
or modifying existing systems. 
(5) The nuclear weapons complex that will be required 
for implementing the United States national and military strat-
egy, including any plans to modernize or modify the complex. 
(6) The active and inactive nuclear weapons stockpile that 
will be required for implementing the United States national 
and military strategy, including any plans for replacing or 
modifying warheads. 
(c) REPORT TO CONGRESS.—The Secretary of Defense shall sub-
mit to Congress, in unclassified and classified forms as necessary, 
a report on the results of the nuclear posture review conducted 
under this section. The report shall be submitted concurrently with 
the Quadrennial Defense Review report due in December 2001. 
(d) SENSE OF CONGRESS.—It is the sense of Congress that 
the nuclear posture review conducted under this section should 
be used as the basis for establishing future United States arms 
control objectives and negotiating positions. 
SEC. 1042. PLAN FOR THE LONG-TERM SUSTAINMENT AND MOD-
ERNIZATION OF UNITED STATES STRATEGIC NUCLEAR 
FORCES. 
(a) REQUIREMENT FOR PLAN.—The Secretary of Defense, in 
consultation with the Secretary of Energy, shall develop a long-
range plan for the sustainment and modernization of United States 
strategic nuclear forces to counter emerging threats and satisfy 
the evolving requirements of deterrence. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-263 
(b) ELEMENTS OF PLAN.—The plan specified under subsection 
(a) shall include the Secretary's plans, if any, for the sustainment 
and modernization of the following: 
(1) Land-based and sea-based strategic ballistic missiles, 
including any plans for developing replacements for the Minute-
man III intercontinental ballistic missile and the Trident II 
sea-launched ballistic missile and plans for common ballistic 
missile technology development. 
(2) Strategic nuclear bombers, including any plans for a 
B-2 follow-on, a B-52 replacement, and any new air-launched 
weapon systems. 
(3) Appropriate warheads to outfit the strategic nuclear 
delivery systems referred to in paragraphs (1) and (2) to satisfy 
evolving military requirements. 
(c) SUBMITTAL OF PLAN.—The plan specified under subsection 
(a) shall be submitted to Congress not later than April 15, 2001. 
The plan shall be submitted in unclassified and classified forms, 
as necessary. 
SEC. 1043. MODIFICATION OF SCOPE OF WAIVER AUTHORITY FOR 
LIMITATION ON RETIREMENT OR DISMANTLEMENT OF 
STRATEGIC NUCLEAR DELIVERY SYSTEMS. 
Section 1302(b) of the National Defense Authorization Act for 
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948), as amended 
by section 1501(a) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 806), is further 
amended by striking "the application of the limitation in effect 
under paragraph (1)(B) or (3) of subsection (a), as the case may 
be," and inserting "the application of the limitation in effect under 
subsection (a) to a strategic nuclear delivery system". 
SEC. 1044. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY 
BURIED TARGETS. 
(a) STUDY.—The Secretary of Defense shall, in conjunction with 
the Secretary of Energy, conduct a study relating to the defeat 
of hardened and deeply buried targets. Under the study, the Sec-
retaries shall— 
(1) review— 
(A) the requirements of the United States to defeat 
hardened and deeply buried targets and stockpiles of chemi-
cal and biological agents and related capabilities; and 
(B) current and future plans to meet those require-
ments; 
(2) determine if those plans adequately address all such 
requirements; 
(3) identify potential future hardened and deeply buried 
targets and other related targets; 
(4) determine what resources and research and develop-
ment efforts are needed to defeat the targets identified under 
paragraph (3) as well as other requirements to defeat stockpiles 
of chemical and biological agents and related capabilities; 
(5) assess both current and future options to defeat hard-
ened and deeply buried targets as well as concepts to defeat 
stockpiles of chemical and biological agents and related capabili-
ties; and 
(6) determine the capability and cost of each option 
assessed under paragraph (5). 
114 STAT. 1654A-264 
PUBLIC LAW 106-398—APPENDIX 
(b) CONDUCT OF ASSESSMENTS.—In conducting the study under 
subsection (a), the Secretaries may, in order to perform the assess-
ments required by paragraph (5) of that subsection, conduct any 
limited research and development that may be necessary to perform 
those assessments. 
(c) REPORT.—(1) Not later than July 1, 2001, the Secretary 
of Defense shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a report on the results of the study conducted 
under subsection (a). The report shall be prepared in conjunction 
with the Secretary of Energy. 
(2) The report under paragraph (1) shall be submitted in 
unclassified form, together with a classified annex if necessary. 
SEC. 
1045. SENSE OF CONGRESS ON THE MAINTENANCE OF THE 
STRATEGIC NUCLEAR TRIAD. 
It is the sense of Congress that, in light of the potential for 
further arms control agreements with the Russian Federation limit-
ing strategic forces— 
(1) it is in the national interest of the United States to 
maintain a robust and balanced triad of strategic nuclear deliv-
ery vehicles, including (A) long-range bombers, (B) land-based 
intercontinental ballistic missiles (ICBMs), and (C) ballistic 
missile submarines; and 
(2) reductions to United States conventional bomber 
capability are not in the national interest of the United States. 
Subtitle F—Miscellaneous Reporting 
Requirements 
SEC. 1051. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND ACTIVI-
TIES. 
(a) COMPTROLLER GENERAL REVIEW REQUIRED.—The Comptrol-
ler General shall conduct a review of the working-capital fund 
activities of the Department of Defense to identify any potential 
changes in current management processes or policies that, if made, 
would result in a more efficient and economical operation of those 
activities. 
(b) REVIEW TO INCLUDE CARRYOVER POLICY.—^The review shall 
include a review of practices under the Department of Defense 
policy that authorizes funds available for working-capital fund 
activities for one fiscal year to be obligated for work to be performed 
at such activities within the first 90 days of the next fiscal year 
(known as "carryover"). On the basis of the review, the Comptroller 
General shall determine the following: 
(1) The extent to which the working-capital fund activities 
of the Department of Defense have complied with the 90-day 
carryover policy. 
(2) The reasons for the carryover authority under the policy 
to apply to as much as a 90-day quantity of work. 
(3) Whether applying the carryover authority to not more 
than a 30-day quantity of work would be sufficient to ensure 
uninterrupted operations at the working-capital fund activities 
early in a fiscal year. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-265 
(4) What, if any, savings could be achieved by restricting 
the carryover authority so as to apply to a 30-day quantity 
of work. 
SEC. 1052. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS. 
(a) REQUIREMENT.—The Secretary of the Navy shall submit 
to Congress, together with the submission of the budget of the 
President for fiscal year 2002 under section 1105 of title 31, United 
States Code, a report on the plan of the Navy for providing for 
submarine rescue support vessels through fiscal year 2007. 
(b) CONTENT.—The report shall include a discussion of the 
following: 
(1) The requirement for submarine rescue support vessels 
through fiscal year 2007, including experience in changing from 
the provision of such vessels from dedicated platforms to the 
provision of such vessels through vessel of opportunity services 
and charter vessels. 
(2) The resources required, the risks to submariners, and 
the operational impacts of the following: 
(A) Chartering submarine rescue support vessels for 
terms of up to five years, with options to extend the char-
ters for two additional five-year periods. 
(B) Providing submarine rescue support vessels using 
vessel of opportunity services. 
(C) Providing submarine rescue support 
services 
through other means considered by the Navy. 
SEC. 1053. REPORT ON FEDERAL GOVERNMENT PROGRESS IN DEVEL-
OPING INFORMATION ASSURANCE STRATEGIES. 
Not later than January 15, 2001, the President shall submit 
to Congress a comprehensive report detailing the specific steps 
taken by the Federal Government as of the date of the report 
to develop critical infrastructure assurance strategies as outlined 
by Presidential Decision Directive No. 63 (PDD-63). The report 
shall include the following: 
(1) A detailed summary of the progress of each Federal 
agency in developing an internal information assurance plan. 
(2) The progress of Federal agencies in establishing part-
nerships with relevant private sector industries to address criti-
cal infrastructure vulnerabilities. 
SEC. 1054. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING 
IN CASES OF FALSE CLAIMS. 
Not later than February 1, 2001, the Secretary of Defense 
shall submit to Congress a report describing the policies and proce-
dures for Department of Defense decisionmaking on issues arising 
under sections 3729 through 3733 of title 31, United States Code, 
in cases of claims submitted to the Department of Defense that 
are suspected or alleged to be false. The report shall include a 
discussion of any changes that have been made in the policies 
and procedures since January 1, 2000, and how such procedures 
are being implemented. 
114 STAT. 1654A-266 
PUBLIC LAW 106-398—APPENDIX 
Subtitle G—Government Information 
Security Reform 
SEC. 1061. COORDINATION OF FEDERAL INFORMATION POLICY. 
Chapter 35 of title 44, United States Code, is amended by 
inserting at the end the following new subchapter: 
"SUBCHAPTER II—INFORMATION SECURITY 
"§3531. Purposes 
"The purposes of this subchapter are the following: 
"(1) To provide a comprehensive framework for establishing 
and ensuring the effectiveness of controls over information 
resources that support Federal operations and assets. 
"(2)(A) To recognize the highly networked nature of the 
Federal computing environment including the need for Federal 
Government interoperability and, in the implementation of 
improved 
security 
management 
measures, 
assure 
that 
opportunities for interoperability are not adversely affected. 
"(B) To provide effective govemmentwide management and 
oversight of the related information security risks, including 
coordination of information security efforts throughout the 
civilian, national security, and law enforcement communities. 
"(3) To provide for development and maintenance of mini-
mum controls required to protect Federal information and 
information systems. 
"(4) To provide a mechanism for improved oversight of 
Federal agency information security programs. 
"§ 3532. Definitions 
"(a) Except as provided under subsection (b), the definitions 
under section 3502 shall apply to this subchapter. 
"(b) In this subchapter: 
"(1) The term 'information technology' has the meaning 
given that term in section 5002 of the Clinger-Cohen Act of 
1996 (40 U.S.C. 1401). 
"(2) The term 'mission critical system' means any tele-
communications or information system used or operated by 
an agency or by a contractor of an agency, or other organization 
on behalf of an agency, that— 
"(A) is defined as a national security system under 
section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
1452); 
"(B) is protected at all times by procedures established 
for information which has been specifically authorized 
under criteria established by an Executive order or an 
Act of Congress to be classified in the interest of national 
defense or foreign policy; or 
"(C) processes any information, the loss, misuse, disclo-
sure, or unauthorized access to or modification of, would 
have a debilitating impact on the mission of an agency. 
"§ 3533. Authority and functions of the Director 
"(a)(1) The Director shall establish govemmentwide policies 
for the management of programs that— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-267 
"(A) support the cost-effective security of Federal informa-
tion systems by promoting security as an integral component 
of each agency's business operations; and 
"(B) include information technology architectures as defined 
under section 5125 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
1425). 
"(2) Policies under this subsection shall— 
"(A) be founded on a continuing risk management cycle 
that recognizes the need to— 
"(i) identify, assess, and understand risk; and 
"(ii) determine security needs commensurate with the 
level of risk; 
"(B) implement controls that adequately address the risk; 
"(C) promote continuing awareness of information security 
risk; and 
"(D) continually monitor and evaluate policy and control 
effectiveness of information security practices. 
"(b) The authority under subsection (a) includes the authority 
to— 
"(1) oversee and develop policies, principles, standards, and 
guidelines for the handling of Federal information and informa-
tion resources to improve the efficiency and effectiveness of 
governmental operations, including principles, policies, and 
guidelines for the implementation of agency responsibilities 
under applicable law for ensuring the privacy, confidentiality, 
and security of Federal information; 
"(2) consistent with the standards and guidelines promul-
gated under section 5131 of the Clinger-Cohen Act of 1996 
(40 U.S.C. 1441) and sections 5 and 6 of the Computer Security 
Act of 1987 (40 U.S.C. 1441 note; Public Law 100-235; 101 
Stat. 1729), require Federal agencies to identify and afford 
security protections commensurate with the risk and magnitude 
of the harm resulting from the loss, misuse, or unauthorized 
access to or modification of information collected or maintained 
by or on behalf of an agency; 
"(3) direct the heads of agencies to— 
.. 
"(A) identify, use, and share best security practices; 
"(B) develop an agencywide information security plan; 
"(C) incorporate information security principles and 
practices throughout the life cycles of the agency's informa-
tion systems; and 
"(D) ensure that the agency's information security plan 
, Tfli 
is practiced throughout all life cycles of the agency's 
information systems; 
t. 
"(4) oversee the development and implementation of stand-
ards and guidelines relating to security controls for Federal 
computer systems by the Secretary of Commerce through the 
National Institute of Standards and Technology under section 
t 
5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and 
section 20 of the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278g-3); 
"(5) oversee and coordinate compliance with this section 
in a manner consistent with— 
"(A) sections 552 and 552a of title 5; 
"(B) sections 20 and 21 of the National Institute of 
r:5 
standards and Technology Act (15 U.S.C. 278g-3 and 278g-
4); 
114 STAT. 1654A-268 
PUBLIC LAW 106-398—APPENDIX 
"(C) section 5131 of the Clinger-Cohen Act of 1996 
(40 U.S.C. 1441); 
"(D) sections 5 and 6 of the Computer Security Act 
of 1987 (40 U.S.C. 1441 note; PubHc Law 100-235; 101 
Stat. 1729); and 
"(E) related information management laws; and 
"(6) take any authorized action under section 5113(b)(5) 
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that 
the Director considers appropriate, including any action involv-
ing the budgetary process or appropriations management proc-
ess, to enforce accountability of the head of an agency for 
information resources management, including the requirements 
of this subchapter, and for the investments made by the agency 
in information technology, including— 
"(A) recommending a reduction or an increase in any 
amount for information resources that the head of the 
agency proposes for the budget submitted to Congress 
under section 1105(a) of title 31; 
"(B) reducing or otherwise adjusting apportionments 
and reapportionments of appropriations for information 
resources; and 
"(C) using other authorized administrative controls 
over appropriations to restrict the availability of funds 
for information resources. 
"(c) The authorities of the Director under this section (other 
than the authority described in subsection (b)(6))— 
"(1) shall be delegated to the Secretary of Defense, the 
Director of Central Intelligence, and another agency head as 
designated by the President in the case of systems described 
under subparagraphs (A) and (B) of section 3532(b)(2); 
"(2) shall be delegated to the Secretary of Defense in the 
case of systems described under subparagraph (C) of section 
3532(b)(2) that are operated by the Department of Defense, 
a contractor of the Department of Defense, or another entity 
on behalf of the Department of Defense; and 
"(3) in the case of all other Federal information systems, 
may be delegated only to the Deputy Director for Management 
of the Office of Management and Budget. 
"§ 3534. Federal agency responsibilities 
"(a) The head of each agency shall— 
"(1) be responsible for— 
-
J 
"(A) adequately ensuring the integrity, confidentiality, 
authenticity, availability, and nonrepudiation of informa-
tion and information systems supporting agency operations 
and assets; 
"(B) developing and implementing information security 
policies, procedures, and control techniques sufficient to 
afford security protections commensurate with the risk and 
magnitude of the harm resulting from unauthorized disclo-
sure, disruption, modification, or destruction of information 
collected or maintained by or for the agency; and 
"(C) ensuring that the agency's information security 
plan is practiced throughout the life cycle of each agency 
system; 
"(2) ensure that appropriate senior agency officials are 
responsible for— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-269 
"(A) assessing the information security risks associated 
with the operations and assets for programs and systems 
;. ; 
over which such officials have control; 
"(B) determining the levels of information security 
appropriate to protect such operations and assets; and 
"(C) periodically testing and evaluating information 
security controls and techniques; 
"(3) delegate to the agency Chief Information Officer estab-
lished under section 3506, or a comparable official in an agency 
not covered by such section, the authority to administer all 
functions under this subchapter including— 
"(A) designating a senior agency information security 
official who shall report to the Chief Information Officer 
or a comparable official; 
"(B) developing and 
maintaining 
an 
agencywide 
. , 
information security program as required under subsection 
(b); 
. ,, 
"(C) ensuring that the agency effectively implements 
and maintains information security policies, procedures, 
and control techniques; 
i 
"(D) training and overseeing personnel with significant 
responsibilities for information security with respect to 
such responsibilities; and 
"(E) assisting senior agency officials concerning respon-
sibilities under paragraph (2); 
"(4) ensure that the agency has trained personnel sufficient 
to assist the agency in complying with the requirements of 
this subchapter and related policies, procedures, standards, 
and guidelines; and 
J 
"(5) ensure that the agency Chief Information Officer, in 
coordination with senior agency officials, periodically— 
"(A)(i) evaluates the effectiveness 
of the agency 
information security program, including testing control 
techniques; and 
"(ii) implements appropriate remedial actions based 
on that evaluation; and 
"(B) reports to the agency head on— 
"(i) the results of such tests and evaluations; and 
"(ii) the progress of remedial actions. 
"(b)(1) Each agency shall develop and implement an agencywide 
information security program to provide information security for 
the operations and assets of the agency, including operations and 
assets provided or managed by another agency. 
"(2) Each program under this subsection shall include— 
"(A) periodic risk assessments that consider internal and 
external threats to— 
"(i) the integrity, confidentiality, and availability of 
systems; and 
"(ii) data supporting critical operations and assets; 
"(B) policies and procedures that— 
"(i) are based on the risk assessments required under 
subparagraph (A) that cost-effectively reduce information 
security risks to an acceptable level; and 
"(ii) ensure compliance with— 
"(I) the requirements of this subchapter; 
"(II) policies and procedures as may be prescribed 
by the Director; and 
114 STAT. 1654A-270 
PUBLIC LAW 106-398—APPENDIX 
"(III) any other applicable requirements; 
"(C) security awareness training to inform personnel o
f
— 
"(i) information security risks associated with the 
activities of personnel; and 
"(ii) responsibilities of personnel in complying with 
agency policies and procedures designed to reduce such 
risks; 
"(D) periodic management testing and evaluation of the 
effectiveness of information security policies and procedures; 
"(E) a process for ensuring remedial action to address any 
significant deficiencies; and 
"(F) procedures for detecting, reporting, and responding 
to security incidents, including— 
"(i) mitigating risks associated with such incidents 
before substantial damage occurs; 
"(ii) notifying and consulting with law enforcement 
officials and other offices and authorities; 
"(iii) notifying and consulting with an office designated 
by the Administrator of General Services within the Gen-
eral Services Administration; and 
"(iv) notifying and consulting with an ofRce designated 
by the Secretary of Defense, the Director of Central Intel-
ligence, and another agency head as designated by the 
President for incidents involving systems described under 
subparagraphs (A) and (B) of section 3532(b)(2). 
"(3) Each program under this subsection is subject to the 
approval of the Director and is required to be reviewed at least 
annually by agency program officials in consultation with the Chief 
Information Officer. In the case of systems described under subpara-
graphs (A) and (B) of section 3532(b)(2), the Director shall delegate 
approval authority under this paragraph to the Secretary of 
Defense, the Director of Central Intelligence, and another agency 
head as designated by the President. 
"(c)(1) Each agency shall examine the adequacy and effective-
ness of information security policies, procedures, and practices in 
plans and reports relating to— 
"(A) Einnual agency budgets; 
"(B) information resources management under subchapter 
I of this chapter; 
"(C) performance and results based management under 
the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.); 
"(D) program performance under sections 1105 and 1115 
through 1119 of title 31, and sections 2801 through 2805 of 
title 39; and 
"(E) financial management under— 
"(i) chapter 9 of title 31, United States Code, and 
' the Chief Financial Officers Act of 1990 (31 U.S.C. 501 
note; Public Law 101-576) (and the amendments made 
by that Act); 
"(ii) the Federal Financial Management Improvement 
Act of 1996 (31 U.S.C. 3512 note) (and the amendments 
made by that Act); and 
"(iii) the internal controls conducted under section 3512 
of title 31. 
"(2) Any significant deficiency in a policy, procedure, or practice 
identified under paragraph (1) shall be reported as a material 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-271 
weakness in reporting required under the applicable provision of 
law under paragraph (1). 
"(d)(1) In addition to the requirements of subsection (c), each 
agency, in consultation with the Chief Information Officer, shall 
include as part of the performance plan required under section 
1115 of title 31a description of— 
"(A) the time periods; and 
"(B) the resources, including budget, staffing, and training, 
which are necessary to implement the program required under 
subsection (b)(1). 
"(2) The description under paragraph (1) shall be based on 
the risk assessment required under subsection (b)(2)(A). 
"§ 3535. Annual independent evaluation 
"(a)(1) Each year each agency shall have performed 
an 
independent evaluation of the information security program and 
practices of that agency. 
"(2) Each evaluation by an agency under this section shall 
include— 
"(A) testing of the effectiveness of information security 
control techniques for an appropriate subset of the agency's 
information systems; and 
"(B) an assessment (made on the basis of the results of 
the testing) of the compliance with— 
"(i) the requirements of this subchapter; and 
"(ii) related information security policies, procedures, 
standards, and guidelines. 
"(3) The Inspector General or the independent evaluator 
performing an evaluation under this section may use an audit, 
evaluation, or report relating to programs or practices of the 
applicable agency. 
"(b)(1)(A) Subject to subparagraph (B), for agencies with Inspec-
tors General appointed under the Inspector General Act of 1978 
(5 U.S.C. App.) or any other law, the annual evaluation required 
under this section or, in the case of systems described under sub-
paragraphs (A) and (B) of section 3532(b)(2), an audit of the annual 
evaluation required under this section, shall be performed by the 
Inspector General or by an independent evaluator, as determined 
by the Inspector General of the agency. 
"(B) For systems described under subparagraphs (A) and (B) 
of section 3532(b)(2), the evaluation required under this section 
shall be performed only by an entity designated by the Secretary 
of Defense, the Director of Central Intelligence, or another agency 
head as designated by the President. 
"(2) For any agency to which paragraph (1) does not apply, 
the head of the agency shall contract with an independent evaluator 
to perform the evaluation. 
"(c) Each year, not later than the anniversary of the date 
of the enactment of this subchapter, the applicable agency head 
shall submit to the Director— 
"(1) the results of each evaluation required under this 
section, other than an evaluation of a system described under 
subparagraph (A) or (B) of section 3532(b)(2); and 
"(2) the results of each audit of an evaluation required 
under this section of a system described under subparagraph 
(A) or (B) of section 3532(b)(2). 
114 STAT. 1654A-272 
PUBLIC LAW 106-398—APPENDIX 
"(d)(1) The Director shall submit to Congress each year a report 
summarizing the materials received from agencies pursuant to sub-
section (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 Intel-
ligence Programs systems under the authority and control of the 
Secretary of Defense shall be made available only to the appropriate 
oversight committees of Congress, in accordance with applicable 
laws. 
"(e) Agencies and evaluators shall take appropriate actions 
to ensure the protection of information, the disclosure of which 
may adversely affect information security. Such protections shall 
be commensurate with the risk and comply with all applicable 
laws. 
"§ 3536. Expiration 
"This subchapter shall not be in effect after the date that 
is two years after the date on which this subchapter takes effect.". 
SEC. 1062. RESPONSIBILITIES OF CERTAIN AGENCIES. 
(a) DEPARTMENT OF COMMERCE.—Notwithstanding section 20 
of the National Institute of Standards and Technology Act (15 
U.S.C. 278g-3) and except as provided under subsection (b), the 
Secretary of Commerce, through the National Institute of Standards 
and Technology and with technical assistance from the National 
Security Agency, as required or when requested, shall— 
(1) develop, issue, review, and update standards and guid-
ance for the security of Federal information systems, including 
development of methods and techniques for security systems 
and validation programs; 
(2) develop, issue, review, and update guidelines for train-
ing in computer security awareness and accepted computer 
security practices, with assistance from the Office of Personnel 
Management; 
(3) provide agencies with guidance for security planning 
to assist in the development of applications and system security 
plans for such agencies; 
(4) provide guidance and assistance to agencies concerning 
cost-effective controls when interconnecting with other systems; 
and 
(5) evaluate information technologies to assess security 
vulnerabilities and alert Federal agencies of such vulnerabilities 
as soon as those vulnerabilities are known. 
(b) DEPARTMENT OF DEFENSE AND THE INTELLIGENCE COMMU-
NITY.— 
(1) IN GENERAL.—Notwithstanding any other provision of 
this subtitle (including any amendment made by this subtitle)— 
(A) the Secretary of Defense, the Director of Central 
Intelligence, and another agency head as designated by 
the President, shall, consistent with their respective 
authorities— 
(i) develop and issue information security policies, 
standards, and guidelines for systems described under 
subparagraphs (A) and (B) of section 3532(b)(2) of title 
44, United States Code (as added by section 1061 of 
this Act), that provide more stringent protection, to 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-273 
the maximum extent practicable, than the poHcies, 
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); and 
(B) the Secretary of Defense shall, consistent with his 
authority— 
(i) develop and issue information security policies, 
standards, and guidelines for systems described under 
subparagraph (C) of section 3532(b)(2) of title 44, 
United States Code (as added by section 1061 of this 
Act), that are operated by the Department of Defense, 
a contractor of the Department of Defense, or another 
entity on behalf of the Department of Defense that 
provide more stringent protection, to the maximum 
extent practicable, than the policies, principles, stand-
ards, 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, stand-
ards, and guidelines developed by the Secretary of Defense 
and the Director of Central Intelligence under paragraph (1) 
shall address the full r^nge of information assurance measures 
needed to protect and defend Federal information and informa-
tion systems by ensuring their integrity, 
confidentiality, 
authenticity, availability, and nonrepudiation. 
(c) DEPARTMENT OF JUSTICE.—The Attorney General shall 
review and update guidance to agencies on— 
(1) legal remedies regarding security incidents and ways 
to report to and work with law enforcement agencies concerning 
such incidents; and 
(2) lawful uses of security techniques and technologies. 
(d) GENERAL SERVICES ADMINISTRATION.—The Administrator 
of General Services shall— 
(1) review and update General Services Administration 
guidance to agencies on addressing security considerations 
when acquiring information technology; and 
(2) assist agencies in— 
(A) fulfilling agency responsibilities under section 
3534(b)(2)(F) of title 44, United States Code (as added 
by section 1061 of this Act); and 
(B) the acquisition of cost-effective security products, 
services, and incident response capabilities. 
(e) OFFICE OF PERSONNEL MANAGEMENT.—The Director of the 
Office of Personnel Management shall— 
(1) review and update Office of Personnel Management 
regulations concerning computer security training for Federal 
civilian employees; 
(2) assist the Department of Commerce in updating and 
maintaining guidelines for training in computer security aware-
ness and computer security best practices; and 
114 STAT. 1654A-274 
PUBLIC LAW 106-398—APPENDIX 
(3) work with the National Science Foundation and other 
agencies on personnel and training initiatives (including schol-
arships and fellowships, as authorized by law) as necessary 
to ensure that the Federal Government— 
(A) has adequate sources of continuing information 
security education and training available for employees; 
and 
(B) has an adequate supply of qualified information 
security professionals to meet agency needs. 
(f) INFORMATION SECURITY POLICIES, PRINCIPLES, STANDARDS, 
AND GUIDELINES.— 
(1) ADOPTION OF POLICIES, PRINCIPLES, STANDARDS, AND 
GUIDELINES OF OTHER AGENCIES.—The policies, principles, 
standards, and guidelines developed under subsection (b) by 
the Secretary of Defense, the Director of Central Intelligence, 
and another agency head as designated by the President may 
be adopted, to the extent that such policies are consistent 
with policies and guidance developed by the Director of the 
Office of Management and Budget and the Secretary of 
Commerce— 
(A) by the Director of the Office of Management and 
Budget, as appropriate, for application to the mission criti-
cal systems of all agencies; or 
(B) by an agency head, as appropriate, for application 
to the mission critical systems of that agency. 
(2) DEVELOPMENT OF MORE STRINGENT POLICIES, PRIN-
CIPLES, STANDARDS, AND GUIDELINES.—To the extent that such 
policies are consistent with policies and guidance developed 
by the Director of the Office of Management and Budget and 
the Secretary of Commerce, an agency may develop and imple-
ment information security policies, principles, standards, and 
guidelines that provide more stringent protection than those 
required under section 3533 of title 44, United States Code 
(as added by section 1061 of this Act), or subsection (a) of 
this section. 
(g) ATOMIC ENERGY ACT OF 1954.—Nothing in this subtitle 
(including any amendment made by this subtitle) shall supersede 
any requirement made by, or under, the Atomic Energy Act of 
1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly 
Restricted Data shall be handled, protected, classified, downgraded, 
and declassified in conformity with the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.). 
SEC. 1063. RELATIONSHIP OF DEFENSE INFORMATION ASSURANCE 
PROGRAM TO GOVERNMENT-WIDE INFORMATION SECU-
RITY PROGRAM. 
(a) CONSISTENCY OF REQUIREMENTS.—Subsection (b) of section 
2224 of title 10, United States Code, is amended— 
(1) by striking "(b) OBJECTIVES OF THE PROGRAM.—" and 
inserting "(b) OBJECTIVES AND MINIMUM REQUIREMENTS.—(1)"; 
and 
(2) by adding at the end the following: 
"(2) The program shall at a minimum meet the requirements 
of sections 3534 and 3535 of title 44.". 
(b) ADDITION TO ANNUAL REPORT.—Subsection (e) of such sec-
tion is amended by adding at the end the following new paragraph: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-275 
"(7) A summary of the actions taken in the administration 
of sections 3534 and 3535 of title 44 within the Department 
of Defense.". 
SEC. 1064. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TABLE OF SECTIONS.—Chapter 35 of title 44, United States 
Code, is amended— 
, 
(1) in the table of sections— 
(A) by inserting after the chapter heading the following: 
"SUBCHAPTER I—FEDERAL INFORMATION POLICY"; 
? 
and 
3 V 
(B) by inserting after the item relating to section 3520 
«-; 
the following: 
"SUBCHAPTER II—INFORMATION SECURITY 
"Sec. 
"3531. Purposes. 
"3532. Definitions. 
• 
"3533. Authority and functions of the Director. 
"3534. Federal agency responsibilities. 
"3535. Annual independent evaluation. 
"3536. Expiration."; 
and 
(2) by inserting before section 3501 the following: 
"SUBCHAPTER I—FEDERAL INFORMATION POLICT'. 
(b) REFERENCES TO CHAPTER 35.—Sections 3501 through 3520 
of title 44, United States Code, are amended by striking "chapter" 
each place it appears and inserting "subchapter", except in section 
3507(i)( 1) of such title. 
SEC. 1065. EFFECTIVE DATE. 
This subtitle and the amendments made by this subtitle shall 
take effect 30 days after the date of the enactment of this Act, 
Subtitle H—Security Matters 
SEC. 1071. LIMITATION ON GRANTING OF SECURITY CLEARANCES. 
(a) IN GENERAL.—Chapter 49 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§ 986. Security clearances: limitations 
"(a) PROHIBITION.—After the date of the enactment of this 
section, the Department of Defense may not grant or renew a 
security clearance for a person to whom this section applies who 
is described in subsection (c). 
"(b) COVERED PERSONS.—This section applies to the following 
persons: 
"(1) An officer or employee of the Department of Defense. 
"(2) A member of the Army, Navy, Air Force, or Marine 
Corps who is on active duty or is in an active status. 
"(3) An officer or employee of a contractor of the Depart-
ment of Defense. 
"(c) PERSONS DISQUALIFIED FROM BEING GRANTED SECURITY 
CLEARANCES.—A person is described in this subsection if any of 
the following applies to that person: 
114 STAT. 1654A-276 
PUBLIC LAW 106-398—APPENDIX 
"(1) The person has been convicted in any court of the 
' 
United States of a crime and sentenced to imprisonment for 
a term exceeding one year. 
"(2) The person is an unlawful user of, or is addicted 
to, a controlled substance (as defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 802)). 
"(3) The person is mentally incompetent, as determined 
by a mental health professional approved by the Department 
of Defense. 
"(4) The person has been discharged or dismissed from 
the Armed Forces under dishonorable conditions. 
"(d) WAIVER AUTHORITY.—In a meritorious case, the Secretary 
of Defense or the Secretary of the military department concerned 
may authorize an exception to the prohibition in subsection (a) 
for a person described in paragraph (1) or (4) of subsection (c). 
The authority under the preceding sentence may not be delegated. 
"(e) ANNUAL REPORT.—Not later than February 1 each year, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report identi-
fying 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 begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"986. Security clearances: limitations.". 
SEC. 1072. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGA-
TIONS FOR SECURITY CLEARANCES FOR DEPARTMENT 
OF DEFENSE PERSONNEL AND DEFENSE CONTRACTOR 
PERSONNEL. 
(a) ESTABLISHMENT OF PROCESS.—Chapter 80 of title 10, United 
States Code, is amended by adding after section 1563, as added 
by section 542(a), the following new section: 
"§ 1564. Security clearance investigations 
"(a) EXPEDITED PROCESS.—The Secretary of Defense shall pre-
scribe a process for expediting the completion of the background 
investigations necessary for granting security clearances for Depart-
ment of Defense personnel and Department of Defense contractor 
personnel who are engaged in sensitive duties that are critical 
to the national security. 
"(b) REQUIRED FEATURES.—The process developed under sub-
section (a) shall provide for the following: 
"(1) Quantification of the requirements for background 
investigations necessary for grants of security clearances for 
. Department of Defense personnel and Department of Defense 
contractor personnel. 
"(2) Categorization of personnel on the basis of the degree 
of sensitivity of their duties and the extent to which those 
duties are critical to the national security. 
"(3) Prioritization of the processing of background investiga-
tions on the basis of the categories of personnel determined 
under paragraph (2). 
"(c) ANNUAL REVIEW.—The Secretary shall conduct an annual 
review of the process prescribed under subsection (a) and shall 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-277 
revise that process as determined necessary in relation to ongoing 
Department of Defense missions. 
"(d) CONSULTATION REQUIREMENT.—The Secretary shall consult 
with the Secretaries of the military departments and the heads 
of Defense Agencies in carrying out this section. 
"(e) SENSITIVE DUTIES.—For the purposes of this section, it 
is not necessary for the performance of duties to involve classified 
activities or classified matters in order for the duties to be consid-
ered sensitive and critical to the national security.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by adding after the item relating 
to section 1563, as added by section 542(b), the following new 
item: 
"1564. Security clearance investigations.". 
(c) 
DEADLINE FOR PRESCRIBING PROCESS FOR PRIORITIZING 
BACKGROUND INVESTIGATIONS FOR SECURITY CLEARANCES.—The 
process required by section 1564(a) of title 10, United States Code, 
as added by subsection (a), for expediting the completion of the 
background investigations necessary for granting security clear-
ances for certain persons shall be prescribed not later than January 
1, 2001. 
SEC. 1073. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE INFORMA-
TION FROM PUBLIC DISCLOSURE. 
(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 
is amended by inserting after section 130b the following new section: 
^§ 130c. Nondisclosure 
of information: 
certain 
sensitive 
information of foreign governments and inter-
national organizations 
"(a) EXEMPTION FROM DISCLOSURE.—The national security offi-
cial concerned (as defined in subsection (h)) may withhold from 
public disclosure otherwise required by law sensitive information 
of foreign governments in accordance with this section. 
"(b) INFORMATION ELIGIBLE FOR EXEMPTION.—For the purposes 
of this section, information is sensitive information of a foreign 
government only if the national security official concerned makes 
each of the following determinations with respect to the information: 
"(1) That the information was provided by, otherwise made 
available by, or produced in cooperation with, a foreign govern-
ment or international organization. 
"(2) That the foreign government or international organiza-
tion is withholding the information from public disclosure (rely-
- 
ing for that determination on the written representation of 
the foreign government or international organization to that 
effect). 
"(3) That any of the following conditions are met: 
"(A) The foreign government or international organiza-
tion requests, in writing, that the information be withheld. 
"(B) The information was provided or made available 
to the United States Government on the condition that 
it not be released to the public. 
:M>r: 
"(C) The information is an item of information, or 
is in a category of information, that the national security 
official concerned has specified in regulations prescribed 
under subsection (f) as being information the release of 
114 STAT. 1654A-278 
PUBLIC LAW 106-398—APPENDIX 
i 
which would have an adverse effect on the ability of the 
United States Government to obtain the same or similar 
information in the future. 
"(c) INFORMATION OF OTHER AGENCIES.—If the national security 
official concerned provides to the head of another agency sensitive 
information of a foreign government, as determined by that national 
security official under subsection (b), and informs the head of the 
other agency of that determination, then the head of the other 
agency shall withhold the information from any public disclosure 
unless that national security official specifically authorizes the 
disclosure. 
"(d) LIMITATIONS.—(1) If a request for disclosure covers any 
sensitive information of a foreign government (as described in sub-
section (b)) that came into the possession or under the control 
of the United States Government before the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 and more than 25 years before the request is 
received by an agency, the information may be withheld only as 
set forth in paragraph (3). 
"(2)(A) If a request for disclosure covers any sensitive informa-
tion of a foreign government (as described in subsection (b)) that 
came into the possession or under the control of the United States 
Government on or after the date referred to in paragraph (1), 
the authority to withhold the information under this section is 
subject to the provisions of subparagraphs (B) and (C). 
"(B) Information referred to in subparagraph (A) may not be 
withheld under this section after— 
"(i) the date that is specified by a foreign government 
or international organization in a request or expression of a 
condition described in paragraph (1) or (2) of subsection (b) 
that is made by the foreign government or international 
organization concerning the information; or 
"(ii) if there are more than one such foreign governments 
or international organizations, the latest date so specified by 
any of them. 
"(C) If no date is applicable under subparagraph (B) to a 
request referred to in subparagraph (A) and the information referred 
to in that subparagraph came into possession or under the control 
of the United States more than 10 years before the date on which 
the request is received by an agency, the information may be 
withheld under this section only as set forth in paragraph (3). 
"(3) Information referred to in paragraph (1) or (2)(C) may 
be withheld under this section in the case of a request for disclosure 
only if, upon the notification of each foreign government and inter-
national organization concerned in accordance with the regulations 
prescribed under subsection (g)(2), any such government or 
organization requests in writing that the information not be dis-
closed for an additional period stated in the request of that govern-
ment or organization. After the national security official concerned 
considers the request of the foreign government or international 
organization, the official shall designate a later date as the date 
after which the information is not to be withheld under this section. 
The later date may be extended in accordance with a later request 
of any such foreign government or international organization under 
this paragraph. 
"(e) INFORMATION PROTECTED UNDER OTHER AUTHORITY.—This 
section does not apply to information or matters that are specifically 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-279 
required in the interest of national defense or foreign policy to 
be protected against unauthorized disclosure under criteria estab-
lished by an Executive order and are classified, properly, at the 
confidential, secret, or top secret level pursuant to such Executive 
order. 
"(f) DISCLOSURES NOT AFFECTED.—Nothing in this section shall 
be construed to authorize any official to withhold, or to authorize 
the withholding of, information from the following: 
"(1) Congress. 
"(2) The Comptroller General, unless the information 
relates to activities that the President designates as foreign 
intelligence or counterintelligence activities. 
"(g) REGULATIONS.—(1) The national security officials referred 
to in subsection (h)(1) shall each prescribe regulations to carry 
out this section. The regulations shall include criteria for making 
the determinations required under subsection (b). The regulations 
may provide for controls on access to and use of, and special 
markings and specific safeguards for, a category or categories of 
information subject to this section. 
"(2) The regulations shall include procedures for notifying and 
consulting with each foreign government or international organiza-
tion concerned about requests for disclosure of information to which 
this section applies. 
"(h) DEFINITIONS.—In this section: 
"(1) The term 'national security official concerned' means 
the following: 
"(A) The Secretary of Defense, with respect to informa-
tion of concern to the Department of Defense, as determined 
by the Secretary. 
"(B) The Secretary of Transportation, with respect to 
information of concern to the Coast Guard, as determined 
by the Secretary, but only while the Coast Guard is not 
operating as a service in the Navy. 
"(C) The Secretary of Energy, with respect to informa-
tion concerning the national security programs of the 
Department of Energy, as determined by the Secretary. 
"(2) The term 'agency' has the meaning given that term 
in section 552(f) of title 5. 
"(3) The term 'international organization' means the follow-
ing: 
"(A) A public international organization designated 
pursuant to section 1 of the International Organizations 
Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being 
entitled to enjoy the privileges, exemptions, and immunities 
provided in such Act. 
"(B) A public international organization created pursu-
ant to a treaty or other international agreement as an 
instrument through or by which two or more foreign 
governments engage in some aspect of their conduct of 
international affairs. 
"(C) An official mission, except a United States mission, 
to a public international organization referred to in 
subparagraph (A) or (B).". 
79-194 O - 00 - 11: QL 3 Part 3 
114 STAT. 1654A-280 
PUBLIC LAW 106-398—APPENDIX 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning 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 govern-
ments and international organizations.". 
SEC. 1074. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PROD-
UCTS 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 ", reveaJ military operational or contingency plans, 
or reveal, jeopardize, or compromise military or intelligence capabili-
ties". 
SEC. 1075. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES. 
(a) IDENTIFICATION IN BUDGET MATERDU^S OF AMOUNTS FOR 
DECLASSIFICATION ACTIVITIES.—Section 230 of title 10, United 
States Code, is amended— 
(1) by striking ", as a budgetary line item,"; and 
(2) by adding at the end the following new sentence: "Identi-
fication of such amounts in such budget justification materials 
shall be in a single display that shows the total amoimt for 
the Department of Defense and the amount for each military 
department and Defense Agency.". 
(b) LIMITATION ON EXPENDITURES.—The total amount expended 
by the Department of Defense during fiscal year 2001 to carry 
out declassification activities under the provisions of sections 3.4, 
3.5, and 3.6 of Executive Order 12958 (50 U.S.C. 435 note) and 
for special searches (including costs for document search, cop5dng, 
and review and imagery analysis) may not exceed $30,000,000. 
(c) COMPILATION AND ORGANIZATION OF RECORDS.—The Depart-
ment of Defense may not be required, when conducting a special 
search, to compile or organize records that have already been declas-
sified 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 declassification 
review on a specified set of agency records. 
(2) An Executive order to conduct a declassification review 
on a specified set of agency records. 
(3) An order from the President or an official with delegated 
authority from the President to conduct a declassification 
review on a specified set of agency records. 
SEC. 1076. ENHANCED ACCESS TO CRIMINAL HISTORY 
RECORD 
INFORMATION FOR NATIONAL SECURITY AND OTHER 
PURPOSES. 
(a) COVERAGE OF DEPARTMENT OF TRANSPORTATION.—Section 
9101 of title 5, United States Code, is amended— 
(1) by adding at the end of subsection (a) the following 
new paragraph: 
"(6) The term 'covered agency' means any of the following: 
"(A) The Department of Defense. 
"(B) The Department of State. 
"(C) The Department of Transportation. 
"(D) The Office of Personnel Management. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-281 
"(E) The Central Intelligence Agency. 
"(F) The Federal Bureau of Investigation."; 
(2) in subsection (b)(1)— 
(A) by striking "by the Department of Defense" and 
all that follows through "Federal Bureau of Investigation" 
and inserting "by the head of a covered agency"; and 
(B) by striking "such department, office, agency, or 
bureau" and inserting "that covered agency"; and 
(3) in subsection (c), by striking "The Department of 
Defense" and all that follows through "Federal Bureau of Inves-
tigation" and inserting "A covered agency". 
(b) REPEAL OF EXPIRED PROVISION.—Subsection (b) of such sec-
tion is amended by striking paragraph (3). 
(c) EXPANDED PURPOSES FOR ACCESS TO CRIMINAL HISTORY 
INFORMATION.—Subsection (b) of such section is further amended— 
(1) by redesignating paragraph (2) as paragraph (4); 
(2) in the first sentence of paragraph (1)— 
(A) by inserting "any of the following." after "eligibility 
for"; and 
(B) by striking "(A) access to classified information" 
and all that follows through the end of the sentence and 
inserting the following: 
"(A) Access to classified information. 
"(B) Assignment to or retention in sensitive national secu-
rity duties. 
"(C) Acceptance or retention in the armed forces. 
"(D) Appointment, retention, or assignment to a position 
of public trust or a critical or sensitive position while either 
employed by the Government or performing a Government con-
tract."; 
(3) by designating the second sentence of paragraph (1) 
as paragraph (2); and 
(4) by designating the third sentence of paragraph (1) as 
paragraph (3) and in that sentence by striking ", nor shall" 
and all that follows through the end of the sentence and insert-
ing a period. 
(d) USE OF AUTOMATED INFORMATION DELIVERY SYSTEMS.— 
Such section is further amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section (e): 
"(e)(1) Automated information delivery systems shall be used 
to provide criminal history record information to a covered agency 
under subsection (b) whenever available. 
"(2) Fees, if any, charged for automated access through such 
systems may not exceed the reasonable cost of providing such 
access. 
"(3) The criminal justice agency providing the criminal history 
record information through such systems may not limit disclosure 
on the basis that the repository is accessed from outside the State. 
"(4) Information provided through such systems shall be the 
full and complete criminal history record. 
"(5) Criminal justice agencies shall accept and respond to 
requests for criminal history record information through such sys-
tems with printed or photocopied records when requested.". 
(e) TECHNICAL AMENDMENTS.—Subsection (a) of such section 
is amended— 
114 STAT. 1654A-282 
PUBLIC LAW 106-398—APPENDIX 
(1) in paragraph (1), by striking "includes" and all that 
follows through "thereof which" and inserting "means (A) any 
Federal, State, or local court, and (B) any Federal, State, or 
local agency, or any subunit thereof, which"; and 
(2) in paragraph (4)— 
(A) by inserting "the Commonwealth of" before "the 
Northern Mariana Islands"; and 
(B) by striking "the Trust Territory of the Pacific 
Islands,". 
(f) CONFORMING AMENDMENTS.—(1)(A) The heading for chapter 
91 of title 5, United States Code, is amended to read as follows: 
"CHAPTER 
91—ACCESS 
TO 
CRIMINAL 
fflSTORY 
RECORDS FOR NATIONAL SECURITY AND OTHER PUR-
POSES". 
(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 Pur-
poses 
9101". 
(2)(A) The heading of section 9101 of such title is amended 
to read as follows: 
"§ 9101. Access to criminal history records for national secu-
rity and other purposes". 
(B) The item relating to that section in the table of sections 
at the beginning of chapter 91 of such title is amended to read 
as follows: 
"9101. Access to criminal history records for national security and other purposes.". 
(g) REPEAL OF SUPERSEDED PROVISION.—(1) Section 520a of 
title 10, United States Code, is repealed. 
(2) The table of sections at the beginning of chapter 31 of 
such title is amended by striking the item relating to section 520a. 
SEC. 1077. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN 
COMMERCIAL ACTIVITIES AS SECURITY FOR INTEL-
LIGENCE COLLECTION ACTIVITIES. 
Section 431(a) of title 10, United States Code, is amended 
in the second sentence by striking "December 31, 2000" and insert-
ing "December 31, 2002". 
SEC. 1078. COORDINATION OF NUCLEAR WEAPONS SECRECY POLICIES 
AND CONSIDERATION OF HEALTH OF WORKERS AT 
FORMER DEPARTMENT OF DEFENSE NUCLEAR FACILI-
TIES. 
(a) REVIEW OF SECRECY POLICIES.—(1) The Secretary of Defense 
shall review classification and security policies of the Department 
of Defense in order to ensure that, within appropriate national 
security constraints, those policies do not prevent or discourage 
former defense nuclear weapons facility employees who may have 
been exposed to radioactive or other hazardous substances associ-
ated with nuclear weapons from discussing such exposures with 
appropriate health care providers and with other appropriate offi-
cials. 
(2) The policies reviewed under paragraph (1) shall include 
the policy to neither confirm nor deny the presence of nuclear 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-283 
weapons as that policy is applied to former defense nuclear weapons 
facilities. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term "former defense nuclear weapons facility 
employees" means employees and former employees of the 
Department of Defense who are or were employed at a site 
that, as of the date of the enactment of this Act, is a former 
defense nuclear weapons facility. 
(2) The term "former defense nuclear weapons facility" 
means a current or former Department of Defense site in the 
United States which at one time was a defense nuclear weapons 
facility but which no longer contains nuclear weapons or mate-
rials and otherwise is no longer used for such purpose. 
(3) The term "defense nuclear weapons facility" means 
a Department of Defense site in the United States at which 
nuclear weapons or materials are stored, assembled, disassem-
bled, or maintained. 
(c) NOTIFICATION OF AFFECTED EMPLOYEES.—(1) The Secretary 
of Defense shall seek to identify individuals— 
(A) who are former defense nuclear weapons facility 
employees; and 
(B) who, while employed at a defense nuclear weapons 
facility, may have been exposed to radioactive or hazardous 
substances associated with nuclear weapons. 
(2) Upon identification of any individual under paragraph (1), 
the Secretary of Defense shall notify that individual, by mail or 
other individual means, of any such exposure to radioactive or 
hazardous substances associated with nuclear weapons that has 
been identified by the Secretary. The notification shall include 
an explanation of how (or the degree to which) that individual 
can discuss any such exposure with a health care provider who 
does not hold a security clearance without violating security or 
classification procedures and, if necessary, provide guidance to 
facilitate the ability of that individual to contact a health care 
provider with appropriate security clearances or otherwise to discuss 
such exposures with other officials who are determined by the 
Secretary of Defense to be appropriate. 
(d) REPORT.—Not later than May 1, 2001, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report setting forth— 
(1) the results of the review conducted under subsection 
(a), including any changes made or recommendations for legisla-
tion; and 
(2) the status of the notifications required by subsection 
(b) and an anticipated date by which the identification and 
notification of individuals under that subsection will be com-
pleted. 
(e) CONSULTATION WITH SECRETARY OF ENERGY.—The Secretary 
of Defense shall carry out the review under subsection (a) and 
the identification of individuals under subsection (b), and shall 
prepare the report under subsection (c), in consultation with the 
Secretary of Energy. 
114 STAT. 1654A-284 
PUBLIC LAW 106-398—APPENDIX 
Subtitle I~Other Matters 
SEC. 
1
0
8
1
. 
FUNDS 
FOR 
ADMINISTRATIVE 
EXPENSES 
UNDER 
DEFENSE 
EXPORT 
LOAN 
GUARANTEE 
PROGRAM. 
(a) AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
ON AN INTERIM BASIS.—Section 2540c(d) of title 10, United States 
Code, is amended— 
(1) by inserting "(1)" after "FEES.—"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) If for any fiscal year amounts in the special account 
established under paragraph (1) are not available (or are not antici-
pated to be available) in a sufficient amount for administrative 
expenses of the Department of Defense for that fiscal year that 
are directly attributable to the administration of the program under 
this subchapter, the Secretary may use amounts currently available 
for operations and maintenance for Defense-wide activities, not 
to exceed $500,000 in any fiscal year, for those expenses. 
"(B) The Secretary shall, from funds in the special account 
established under paragraph (1), replenish operations and mainte-
nance accounts for amounts expended under subparagraph (A) as 
soon as the Secretary determines practicable.". 
(b) EFFECTIVE DATE.—Paragraph (2) of section 2540c(d) of title 
10, United States Code, as added by subsection (a), shall take 
effect on October 1, 2000. 
(c) LIMITATION PENDING SUBMISSION OF REPORT.—The Sec-
retary of Defense may not exercise the authority provided by para-
graph (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 specified in section 2540(b) of such title, to 
include a comparison of the loan guarantee program with other 
United States Government programs that are intended to 
contribute to the sale of United States defense articles, defense 
services, and design and construction services and other 
comparisons the Secretary determines to be appropriate. 
(2) A discussion of the requirements and resources (includ-
ing personnel and funds) for continued administration of the 
loan guarantee program by the Defense Department, to 
include— 
(A) an itemization of the requirements necessary and 
resources available (or that could be made available) to 
administer the loan guarantee program for each of the 
following 
entities: the 
Defense 
Security 
Cooperation 
Agency, the Department of Defense International Coopera-
tion Office, and other Defense Department agencies, offices, 
or activities as the Secretary may specify; and 
(B) for each such activity, agency, or office, a compari-
son of the use of Defense Department personnel exclusively 
to administer, manage, and oversee the program with the 
use of contracted commercial entities to administer and 
manage the program. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-285 
(3) Any legislative recommendations that the Secretary 
believes could improve the effectiveness of the program. 
(4) A determination made by the Secretary of Defense 
indicating which Defense Department agency, office, or other 
activity should administer, manage, and oversee the loan 
guarantee program to increase sales of United States defense 
articles, defense services, and design and construction services, 
such determination to be made based on the information and 
analysis provided in the report. 
SEC. 1082. TRANSIT PASS PROGRAM FOR DEPARTMENT OF DEFENSE 
PERSONNEL IN POOR AIR QUALITY AREAS. 
(a) IN GENERAL.—(1) Chapter 134 of title 10, United States 
Code, is amended by adding at the end the following new section: 
^'§2259. Transit pass program: personnel in poor air quality 
areas 
"(a) ESTABLISHMENT OF PROGRAM.—^To encourage Department 
of Defense personnel assigned to duty, or employed, in poor air 
quality areas to use means other than single-occupancy motor 
vehicles to commute to or from the location of their duty assign-
ments, the Secretary of Defense shall exercise the authority pro-
vided in section 7905 of title 5 to establish a program to provide 
a transit pass benefit under subsection (b)(2)(A) of that section 
for members of the Army, Navy, Air Force, and Marine Corps 
who are assigned to duty, and to Department of Defense civilian 
officers and employees who are employed, in a poor air quality 
area. 
"(b) POOR AIR QUALITY AREAS.—In this section, the term 'poor 
air quality area' means an area— 
"(1) that is subject to the national ambient air quality 
standards promulgated by the Administrator of the Environ-
mental Protection Agency under section 109 of the Clean Air 
Act (42 U.S.C. 7409); and 
"(2) that, as determined by the Administrator of the 
Environmental Protection Agency, is a nonattainment area with 
respect to any of those standards.". 
(2) The table of sections at the beginning of subchapter II 
of such chapter is amended by adding at the end the following 
new item: 
"2259. Transit pass program: personnel in poor air quality areas.". 
(b) TIME FOR IMPLEMENTATION.—The Secretary of Defense shall 
prescribe the effective date for the transit pass program required 
under section 2259 of title 10, United States Code, as added by 
subsection (a). The effective date so prescribed may not be later 
than the first day of the first month that begins on or after the 
date that is 180 days after the date of the enactment of this 
Act. 
SEC. 1083. TRANSFER OF VIETNAM ERA TA-4 AIRCRAFT TO NONPROFIT 
FOUNDATION. 
(a) AUTHORITY TO CONVEY.—The Secretary of the Navy may 
convey, without consideration, to the nonprofit Collings Foundation 
of Stow, Massachusetts (in this section referred to as the "founda-
tion"), 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 
114 STAT. 1654A-286 
PUBLIC LAW 106-398—APPENDIX 
restored to flyable condition. The conveyance shall be made by 
means of a conditional deed of gift. 
(b) CONDITION OF AIRCRAFT.—(1) The Secretary may not convey 
ownership of an aircraft under subsection (a) until the Secretary 
determines that the foundation has altered the aircraft in such 
manner as the Secretary determines necessary to ensure that the 
aircraft does not have any capability for use as a platform for 
launching or releasing munitions or any other combat capability 
that it was designed to have. The foundation shall complete any 
such alteration within one year after the date of the enactment 
of this Act. 
(2) The Secretary is not required to repair or alter the condition 
of the aircraft before conveying ownership of the aircraft. 
(c) REVERTER UPON BREACH OF CONDITIONS.—The Secretary 
shall include in the instrument of conveyance of the aircraft— 
(1) a condition that the foundation not convey any owner-
ship interest in, or transfer possession of, the aircraft to any 
other party without the prior approval of the Secretary; 
(2) a condition that the foundation operate and maintain 
the aircraft in compliance with all applicable limitations and 
maintenance requirements imposed by the Administrator of 
the Federal Aviation Administration; and 
(3) a condition that if the Secretary determines at any 
time that the foundation has conveyed an ownership interest 
in, or transferred possession of, the aircraft to any other party 
without the prior approval of the Secretary, or has failed to 
comply with the condition set forth in paragraph (2), all right, 
title, and interest in and to the aircraft, including any repair 
or alteration of the aircraft, shall revert to the United States, 
and the United States shall have the right of immediate posses-
sion of the aircraft. 
(d) CONVEYANCE AT NO COST TO THE UNITED STATES.—The 
conveyance of the aircraft under subsection (a) shall be made at 
no cost to the United States. Any costs associated with the convey-
ance, costs of determining compliance with subsection (b), and costs 
of operation and maintenance of the aircraft conveyed shall be 
borne by the foundation. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a conveyance under this section as the Secretary considers appro-
priate to protect the interests of the United States. 
(f) CLARIFICATION OF LIABILITY.—Notwithstanding any other 
provision of law, upon the conveyance of ownership of a TA-4 
aircraft to the foundation under subsection (a), the United States 
shall not be liable for any death, injury, loss, or damage that 
results from any use of that aircraft by any person other than 
the United States. 
SEC. 1084. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM. 
(a) DONATION REQUIRED.—The Secretary of the Army shall 
convey, without consideration, to the Friends of the Cannonball 
House, Incorporated (in this section referred to as the "recipient"), 
which is a nonprofit corporation that operates the Cannonball House 
Museum in Macon, Georgia, all right, title, and interest of the 
United States in and to a 12-pounder Napoleon cannon bearing 
the following markings: 
(l)Onthetop"CS". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-287 
(2) On the face of the muzzle: "Macon Arsenal, 1864fNoAlJ 
1164 ET". 
(3) On the right trunnion: "Macon Arsenal GEO/1864/ 
N0.41/WT.1164/E.T.". 
(b) ADDITIONAL TERMS AND CONDITIONS ON CONVEYANCE.— 
The Secretary of the Army shall include in the instrument of 
conveyance of the cannon under subsection (a)— 
(1) a condition that the recipient not convey any ownership 
interest in, or transfer possession of, the cannon to any other 
party without the prior approval of the Secretary; and 
(2) a condition that if the Secretary determines at any 
time that the recipient has conveyed an ownership interest 
in, or transferred possession of, the cannon to any other party 
without the prior approval of the Secretary, all right, title, 
and interest in and to the cannon shall revert to the United 
States, and the United States shall have the right of immediate 
possession of the cannon. 
(c) RELATIONSHIP TO OTHER LAW.—The conveyance required 
under this section may be carried out without regard to the Act 
entitled "An Act for the preservation of American antiquities", 
approved June 8, 1906 (16 U.S.C. 431 et seq.), popularly referred 
to as the "Antiquities Act of 1906". 
(d) ACQUISITION OF REPLACEMENT MACON CANNON.—If the Sec-
retary of the Army determines that the Army's inventory of Civil 
War era cannons should include an additional cannon documented 
as having been manufactured in Macon, Georgia, to replace the 
cannon conveyed under subsection (a), the Secretary may acquire 
such a cannon by donation or purchase with funds made available 
for this purpose. 
SEC. 1085. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE 
PUBLIC. 
(a) ARMY.—(1) Chapter 437 of title 10, United States Code, 
is amended by adding at the end the following new section: 
"§4595. Army Military History Institute: fee for providing 
historical information to the public 
"(a) AUTHORITY.—Except as provided in subsection (b), the Sec-
retary of the Army may charge a person a fee for providing the 
person with information from the United States Army Military 
History Institute that is requested by that person. 
"(b) EXCEPTIONS.—^A fee may not be charged under this 
section— 
"(1) to a person for information that the person requests 
to carry out a duty as a member of the armed forces or an 
officer or employee of the United States; or 
"(2) for a release of information under section 552 of title 
5. 
"(c) LIMITATION ON AMOUNT.—^A fee charged for providing 
information under this section may not exceed the cost of providing 
the information. 
"(d) RETENTION OF FEES.—^Amounts received under subsection 
(a) for providing information in any fiscal year shall be credited 
to the appropriation or appropriations charged the costs of providing 
information to the public from the United States Army Military 
History Institute during that fiscal year. 
"(e) DEFINITIONS.—In this section: 
114 STAT. 1654A-288 
PUBLIC LAW 106-398—APPENDIX 
"(1) The term 'United States Army Military History 
Institute' means the archive for historical records and materials 
of the Army that the Secretary of the Army designates as 
the primary archive for such records and materials. 
"(2) The terms 'officer of the United States' and 'employee 
of the United States' have the meanings given the terms 'officer' 
and 'employee', respectively, in sections 2104 and 2105, respec-
tively, 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 Sec-
retary of the Navy may charge a person a fee for providing the 
person with information from the United States Naval Historical 
Center or the Marine Corps Historical Center that is requested 
by that person. 
"(b) EXCEPTIONS.—A fee may not be charged under this 
section— 
"(1) to a person for information that the person requests 
to carry out a duty as a member of the armed forces or an 
officer or employee of the United States; or 
"(2) for a release of information under section 552 of title 
5. 
"(c) LIMITATION ON AMOUNT.—^A fee charged for providing 
information under this section may not exceed the cost of providing 
the information. 
"(d) RETENTION OF FEES.—^Amounts received under subsection 
(a) for providing information from the United States Naval Histori-
cal Center or the Marine Corps Historical Center in any fiscal 
year shall be credited to the appropriation or appropriations charged 
the costs of providing information to the public from that historical 
center during that fiscal year. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'United States Naval Historical Center' 
means the archive for historical records and materials of the 
Navy that the Secretary of the Navy designates as the primary 
archive for such records and materials. 
"(2) The term 'Marine Corps Historical Center' means the 
archive for historical records and materials of the Marine Corps 
that the Secretary of the Navy designates as the primary 
archive for such records and materials. 
"(3) The terms 'officer of the United States' and 'employee 
of the United States' have the meanings given the terms 'officer' 
and 'employee', respectively, in sections 2104 and 2105, respec-
tively, of title 5.". 
(2) The heading of such chapter is amended by striking 
"RELATED". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-289 
(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 infor-
mation 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 Sec-
retary of the Air Force may charge a person a fee for providing 
the person with information from the United States Air Force 
Military History Institute that is requested by that person. 
"(b) EXCEPTIONS.—^A fee may not be charged under this 
section— 
"(1) to a person for information that the person requests 
to carry out a duty as a member of the armed forces or an 
officer or employee of the United States; or 
"(2) for a release of information under section 552 of title 
5. 
"(c) LIMITATION ON AMOUNT.—^A fee charged for providing 
information under this section may not exceed the cost of providing 
the information. 
"(d) RETENTION OF FEES.—^Amounts received under subsection 
(a) for providing information in any fiscal year shall be credited 
to the appropriation or appropriations charged the costs of providing 
information to the public from the United States Air Force Military 
History Institute during that fiscal year. 
"(e) DEFINITIONS.—In this section: 
"(1) The term 'United States Air Force Military History 
Institute' means the archive for historical records and materials 
of the Air Force that the Secretary of the Air Force designates 
as the primary archive for such records and materials. 
"(2) The terms 'officer of the United States' and 'employee 
of the United States' have the meanings given the terms 'officer' 
and 'employee', respectively, in sections 2104 and 2105, respec-
tively, of title 5.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"9594. Air Force Military History Institute: fee for providing historical information 
to the public". 
SEC. 1086. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES 
EMERGENCY SERVICES. 
(a) GRANTS AUTHORIZED.—Subject to subsection (b), the Sec-
retary 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 Emer-
gency Services program of the American Red Cross. 
(b) MATCHING REQUIREMENT.—The grant under subsection (a) 
for a fiscal year may not be made until after the American Red 
Cross Incorporated, certifies to the Secretary of Defense that the 
American Red Cross will expend for the Armed Forces Emergency 
114 STAT. 1654A-290 
PUBLIC LAW 106-398—APPENDIX 
Services program for that fiscal year funds, derived from non-
Federal sources, in a total amount that equals or exceeds the 
amount of the grant. 
SEC. 1087. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) Section 180(d) is amended by striking "section 5376" 
and inserting "section 5315". 
(2) Section 628(c)(2) is amended by striking "section" in 
the second sentence after "rather than the provisions of" and 
inserting "sections". 
(3) Section 702(b)(2) is amended by striking "section 230(c)" 
and inserting "section 203(c)". 
(4) Section 706(c) is amended— 
(A) by striking "(1)" after "(c)"; and 
(B) by striking paragraph (2). 
(5) Section 1074g is amended— 
(A) in subsection (a)(6), by striking "as part of the 
regulations established" and inserting "in the regulations 
prescribed"; 
(B) in subsection (a)(7), by striking "not included on 
the uniform formulary, but," and inserting "that are not 
included on the uniform formulary but that are"; 
(C) in subsection (b)(1), by striking "required by" in 
the last sentence and inserting "prescribed under"; 
(D) in subsection (d)(2), by striking "Not later than" 
and all that follows through "utilize" and inserting "Effec-
tive not later than April 5, 2000, the Secretary shall use"; 
(E) in subsection (e)— 
(i) by striking "Not later than April 1, 2000, the" 
and inserting "The"; and 
(ii) by inserting "in" before "the TRICARE" and 
before "the national"; 
(F) in subsection (f )— 
(i) by striking "As used in this section—" and 
inserting "In this section:"; 
(ii) by striking "the" at the beginning of paragraphs 
(1) and (2) and inserting "The"; and 
(iii) by striking "; and" at the end of paragraph 
(1) and inserting a period; and 
(G) in subsection (g), by striking "promulgate" and 
inserting "prescribe". 
(6) Section 1076c(b)(5)(C) is amended by striking "pursuant 
to subsection (i)(2) of such section". 
(7) Section 1095d(b) is amended by striking "subpara-
graphs" and inserting "subparagraph". 
(8) Section 1109(b) is amended by striking "(1)" before 
"The Secretaries". 
(9) Section 1142(b)(4) is amended by striking "sections 
1151, 1152, and 1153 of this title" and inserting "sections 
1152 and 1153 of this title and the Troops-to-Teachers Program 
Act of 1999 (20 U.S.C. 9301 et seq.)". 
(10) Section 1448(b)(3)(E)(ii) is amended by striking the 
second comma after "October 16, 1998". 
(11) Section 1598 is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-291 
(A) in subsection (d)(2), by inserting "as in effect on 
October 4, 1999," after "of this title," both places it appears; 
and 
(B) in subsection (f), by inserting ", as in effect on 
October 4, 1999," after "of this title". 
(12) Section 2113(f) is amended— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (4); 
and 
(C) by designating the penultimate sentence and the 
last sentence of paragraph (1) as paragraphs (2) and (3), 
respectively. 
(13) Section 2401(b)(1)(B) is amended by striking "Commit-
tees on Appropriations" and inserting "Committee on Appro-
priations". 
(14) Section 24 lOj is amended— 
(A) in subsection (f)(2), by inserting "as in effect on 
October 4, 1999," after "of this title," both places it appears; 
and 
(B) in subsection (h), by inserting ", as in effect on 
October 4, 1999," after "of this title". 
(15) Section 2688 is amended by redesignating subsections 
(i) and (j) as subsections (h) and (i), respectively. 
(16) Section 2814(k) is amended by inserting "and" after 
"Balanced Budget". 
(17) Sections 4357(e)(5), 6975(e)(5), and 9356(e)(5) are 
amended by inserting a close parenthesis after "80b-2)". 
(18) Section 5143(c)(2) is amended by striking "has a grade" 
and inserting "has the grade of". 
(19) Section 5144(c)(2) is amended by striking "has a grade" 
and inserting "has the grade of". 
(20) Section 10218 is amended— 
(A) in subsections 
(a)(1), 
(b)(1), 
(b)(2)(A), and 
(b)(2)(B)(ii), by striking "the date of the enactment of this 
section" each place it appears and inserting "October 5, 
1999 "• 
(B) in subsections (a)(3)(B)(i) and (b)(2)(B)(i), by strik-
ing "the end of the one-year period beginning on the date 
of the enactment of this subsection" and inserting "October 
5,2000"; 
(C) in subsection (b)(1), by striking "six months after 
the date of the enactment of this section" and inserting 
"April 5, 2000"; and 
(D) in subsection (b)(3), by striking "within six months 
of the date of the enactment of this section" and inserting 
"during the period beginning on October 5, 1999, and end-
ing 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)"; £ind 
(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: 
114 STAT. 1654A-292 
PUBLIC LAW 106-398—APPENDIX 
(1) Section 301b(j)(2) is amended by striking "section 
301a(a)(6)(A)" and inserting "section 301a(a)(6)(B)". 
(2) Section 403(f)(3) is amended by striking "regulation" 
and inserting "regulations". 
(3) Section 404(b)(2) is amended by striking "section 402(e)" 
and inserting "section 403(f)(3)". 
(4) The section 435 added by section 586(b) of the National 
Defense Authorization Act for Fiscal Year 2000 (Public Law 
106-65; 113 Stat. 638) is redesignated as section 436, and 
the item relating to that section in the table of sections at 
the beginning of chapter 7 is revised to conform to such 
redesignation. 
(5) Section 1012 is amended by striking "section 402(b)(3)" 
and inserting "section 402(e)". 
(c) PUBLIC LAW 106-65.—(1) Effective as of October 5, 1999, 
and as if included therein as enacted, the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 
Stat. 512 et seq) is amended as follows: 
(A) Section 578 is amended— 
(i) in subsection (j) (113 Stat. 630), by striking "Chap-
ter 4" and inserting "Chapter 7"; and 
(ii) in subsection (k)(4) (113 Stat. 631), by striking 
"chapter 4" and inserting "chapter 7". 
(B) Section 586(c)(2) (113 Stat. 639) is amended by striking 
"relating to section 434" and inserting "added by section 
578(k)(4)". 
(C) Section 601(c) (113 Stat. 645; 37 U.S.C. 1009 note) 
is amended— 
(i) in the first table, relating to commissioned officers, 
by striking "$12,441.00" in footnote 2 and inserting 
"$12,488.70"; and 
(ii) in the fourth table, relating to enlisted members, 
by striking "$4,701.00" in footnote 2 and 
inserting 
"$4,719.00". 
(D) Section 657(a)(1)(A) (113 Stat. 668; 10 U.S.C. 1450 
note) is amended by striking "August 21, 1983" and inserting 
"August 19, 1983". 
(2) In the case of any former spouse to whom paragraph (3) 
of section 1450(f) of title 10, United States Code, applies by reason 
of the amendment made by paragraph (1)(D), the provisions of 
subsection (b) of section 657 of the National Defense Authorization 
Act for Fiscal Year 2000 shall be applied by using the date of 
the enactment of this Act, rather than the date of the enactment 
of that Act. 
(d) PUBLIC LAW 105-261.—Effective as of October 17, 1998, 
and as if included therein as enacted, the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 112 Stat. 1920 et seq.) is amended as follows: 
(1) Section 142 (112 Stat. 1943; 50 U.S.C. 1521 note) is 
amended— 
(A) in subsection (e), by striking "1521(f))" and insert-
ing "1521 note)"; and 
(B) by redesignating the second subsection (f) as sub-
section (g). 
(2) Section 503(b)(1) (112 Stat. 2003) is amended by insert-
ing "its" after "record of" in the first quoted matter therein. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-293 
(3) Section 645(b) (112 Stat. 2050) is amended by striking 
"a member" and inserting "member" in the quoted matter 
therein. 
(4) Section 701 (112 Stat. 2056) is amended— 
(A) in subsection (a), by inserting "(1)" before "Section 
1076a(b)(2)"; and 
(B) in subsection (b), by inserting "of such title" after 
"1076a". 
(5) Section 802(b) (112 Stat. 2081) is amended by striking 
"Administrative" in the first quoted matter therein and insert-
ing "Administration". 
(6) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C. 3104 
note) is amended by striking "subsection (c)(1)" and inserting 
"subsection (c)(2)". 
(7) Section 1405(k)(2) (112 Stat. 2170; 50 U.S.C. 2301 note) 
is amended by striking "subchapter" and inserting "chapter". 
(e) PUBLIC LAW 105-85.—^The National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105-85) is amended as follows: 
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C. 402 
note) is amended by striking "of" the first place it appears 
in the matter preceding clause (i). 
(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as amended 
by section 1233(a)(2)(A) of Public Law 105-261 (112 Stat. 2156), 
is amended by striking the second close parenthesis after "relief 
efforts". 
(f) TITLE 5, UNITED STATES CODE.—Title 5, United States Code, 
is amended as follows: 
(1) Section 3329 is amended— 
(A) in subsection (a), by striking "such term" and 
inserting "the term 'military technician (dual status)'"; and 
(B) in subsection (b), by striking "section 1332 of title 
10" and inserting "section 12732 of title 10". 
(2) Section 5531 is amended by striking "sections 5532 
and" in the matter preceding paragraph (1) and inserting "sec-
tion". 
(3) Section 8116(a)(4) is amended by striking ", subject 
to" and all that follows through "United States Code". 
(4) Section 8339(g) is amended by striking "the application 
of the limitation in section 5532 of this title, or" in the third 
sentence. 
(5) Section 8344(h)(1) is amended by inserting "(as in effect 
before the repeal of that section by section 651(a) of Public 
Law 106-65)" after "section 5532(f)(2) of this title". 
(g) OTHER LAWS.— 
(1) Section 834(e) of the National Defense Authorization 
Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is 
amended by striking the second period after "2005". 
(2) Section 2905(b)(4) of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510; 10 U.S.C. 2687 note) is amended by transferring 
subparagraph (G) so as to appear immediately before subpara-
graph (H), as added by section 2821(a) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
113 Stat. 853). 
(3) Section 686(b) of title 14, United States Code, is 
amended— 
114 STAT. 1654A-294 
PUBLIC LAW 106-398—APPENDIX 
(A) in paragraph (1), by striking "section 403(b)" and 
inserting "section 403(e)"; and 
(B) in paragraph (2), by striking "a basic allowance 
for quarters under section 403 of title 37, and, if in a 
high housing cost area, a variable housing allowance under 
section 403 a 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 "Dela-
ware" 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. 
(7) Section 405(f)(6)(B) of the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(f) of 
division A of Public Law 105-277; 112 Stat. 2681-430), is 
amended by striking "Act of title" in the first quoted matter 
therein and inserting "Act or title". 
(8) Section 1403(c)(6) of the Defense Dependents' Education 
Act of 1978 (20 U.S.C. 922(c)(6)) is amended by striking "the" 
before "Assistant Secretary of Defense". 
(9) Effective as of October 5, 1999, section 224 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2274(b)) is amended 
by striking "$500,000" and inserting "$50,000". 
(h) COORDINATION WITH OTHER AMENDMENTS.—For purposes 
of applying amendments made by provisions of this Act other than 
provisions of this section, this section shall be treated as having 
been enacted immediately before the other provisions of this Act. 
SEC. 1088. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED 
OVERSEAS FOR ARMED FORCES POST OFFICES. 
Section 3401(b) of title 39, United States Code, is amended 
by striking "100 inches in length and girth combined" in paragraphs 
(2) and (3) and inserting "the maximum size allowed by the Postal 
Service for fourth class parcel post (known as 'Standard Mail (B)')". 
SEC. 1089. SENSE OF CONGRESS REGARDING TAX TREATMENT OF 
MEMBERS RECEIVING SPECIAL PAY FOR DUTY SUBJECT 
TO HOSTILE FIRE OR IMMINENT DANGER. 
It is the sense of Congress that members of the Armed Forces 
who receive special pay under section 310 of title 37, United States 
Code, for duty subject to hostile fire or imminent danger should 
receive the same treatment under Federal income tax laws as 
members serving in combat zones. 
SEC, 1090. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL. 
(a) IN GENERAL.—Chapter 909 of title 10, United States Code, 
is amended to read as follows: 
"CHAPTER 909—CIVIL AIR PATROL 
"Sec. 
"9441. Status as federally chartered corporation; purposes. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-295 
"9442. Status as volunteer civilian auxiliary of the Air Force. 
"9443. Activities performed as federally chartered nonprofit corporation. 
"9444. Activities performed as auxiliary of the Air Force. 
"9445. Funds appropriated for the Civil Air Patrol. 
"9446. Miscellaneous personnel authorities. 
"9447. Board of Governors. 
"9448. Regulations. 
"§9441. Status as federally chartered corporation; purposes 
"(a) STATUS.—(1) The Civil Air Patrol is a nonprofit corporation 
that is federally chartered under section 40301 of title 36. 
"(2) Except as provided in section 9442(b)(2) of this title, the 
Civil Air Patrol is not an instrumentality of the Federal Government 
for any purpose. 
"(b) PURPOSES.—The purposes of the Civil Air Patrol are set 
forth in section 40302 of title 36. 
"§ 9442. Status as volunteer civilian auxiliary of the Air Force 
"(a) VOLUNTEER CIVILIAN AUXILIARY.—The Civil Air Patrol is 
a volunteer civilian auxiliary of the Air Force when the services 
of the Civil Air Patrol are used by any department or agency 
in any branch of the Federal Government. 
"(b) USE BY AIR FORCE.—(1) The Secretary of the Air Force 
may use the services of the Civil Air Patrol to fulfill the noncombat 
programs and missions of the Department of the Air Force. 
"(2) The Civil Air Patrol shall be deemed to be an instrumental-
ity of the United States with respect to any act or omission of 
the Civil Air Patrol, including any member of the Civil Air Patrol, 
in carrying out a mission assigned by the Secretary of the Air 
Force. 
"§ 9443. Activities performed as federally chartered nonprofit 
corporation 
"(a) USE OF FEDERALLY PROVIDED RESOURCES.—In its status 
as a federally chartered nonprofit corporation, the Civil Air Patrol 
may use equipment, supplies, and other resources, including air-
craft, motor vehicles, computers, and communications equipment, 
provided to the Civil Air Patrol by a department or agency of 
the Federal Government or acquired by or for the Civil Air Patrol 
with appropriated funds (or with funds of the Civil Air Patrol, 
but reimbursed from appropriated funds)— 
"(1) to provide assistance requested by State or local 
governmental authorities to perform disaster relief missions 
and activities, other emergency missions and activities, and 
nonemergency missions and activities; and 
"(2) to fulfill its other purposes set forth in section 40302 
of title 36. 
"(b) USE SUBJECT TO APPLICABLE LAWS.—The use of equipment, 
supplies, or other resources under subsection (a) is subject to the 
laws and regulations that govern the use by nonprofit corporations 
of federally provided assets or of assets purchased with appropriated 
funds, as the case may be. 
"(c) AUTHORITY NOT CONTINGENT ON REIMBURSEMENT.—The 
authority for the Civil Air Patrol to provide assistance under sub-
section (a)(1) is not contingent on the Civil Air Patrol being 
reimbursed for the cost of providing the assistance. If the Civil 
Air Patrol elects to require reimbursement for the provision of 
assistance under such subsection, the Civil Air Patrol may establish 
114 STAT. 1654A-296 
PUBLIC LAW 106-398—APPENDIX 
the reimbursement rate at a rate less than the rates charged 
by private sector sources for equivalent services. 
"(d) LIABILITY INSURANCE.—The Secretary of the Air Force may 
provide the Civil Air Patrol with funds for paying the cost of 
liability insurance to cover missions and activities carried out under 
this section. 
"§9444. Activities performed as auxiliary of the Air Force 
"(a) AIR FORCE SUPPORT FOR ACTIVITIES.—The Secretary of 
the Air Force may furnish to the Civil Air Patrol in accordance 
with this section any equipment, supplies, and other resources 
that the Secretary determines necessary to enable the Civil Air 
Patrol to fulfill the missions assigned by the Secretary to the 
Civil Air Patrol as an auxiliary of the Air Force. 
"(b) FORMS OF AIR FORCE SUPPORT.—The Secretary of the Air 
Force may, under subsection (a)— 
"(1) give, lend, or sell to the Civil Air Patrol without regard 
to the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.)— 
"(A) major items of equipment (including aircraft, 
motor vehicles, computers, and communications equipment) 
that are excess to the military departments; and 
"(B) necessary related supplies and training aids that 
are excess to the military departments; 
"(2) permit the use, with or without charge, of services 
and facilities of the Air Force; 
"(3) furnish supplies (including fuel, lubricants, and other 
items required for vehicle and aircraft operations) or provide 
funds for the acquisition of supplies; 
"(4) establish, maintain, and supply liaison officers of the 
Air Force at the national, regional. State, and territorial head-
quarters of the Civil Air Patrol; 
"(5) detail or assign any member of the Air Force or any 
officer, employee, or contractor of the Department of the Air 
Force to any liaison office at the national, regional. State, 
or territorial headquarters of the Civil Air Patrol; 
"(6) detail any member of the Air Force or any officer, 
employee, or contractor of the Department of the Air Force 
to any unit or installation of the Civil Air Patrol to assist 
in the training programs of the Civil Air Patrol; 
"(7) authorize the payment of travel expenses and allow-
ances, at rates not to exceed those paid to employees of the 
United States under subchapter I of chapter 57 of title 5, 
to members of the Civil Air Patrol while the members are 
carrying out programs or missions specifically assigned by the 
Air Force; 
"(8) provide funds for the national headquarters of the 
Civil Air Patrol, including— 
"(A) funds for the payment of staff compensation and 
benefits, administrative expenses, travel, per diem and 
allowances, rent, utilities, other operational expenses of 
the national headquarters; and 
"(B) to the extent considered necessary by the Secretary 
of the Air Force to fulfill Air Force requirements, funds 
for the payment of compensation and benefits for key staff 
at regional. State, or territorial headquarters; 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-297 
"(9) authorize the payment of expenses of placing into 
serviceable condition, improving, and maintaining equipment 
(including aircraft, motor vehicles, computers, and communica-
tions equipment) owned or leased by the Civil Air Patrol; 
"(10) provide funds for the lease or purchase of items 
of equipment that the Secretary determines necessary for the 
Civil Air Patrol; 
"(11) support the Civil Air Patrol cadet program by 
furnishing— 
"(A) articles of the Air Force uniform to cadets without 
cost; and 
"(B) any other support that the Secretary of the Air 
Force determines is consistent with Air Force missions 
and objectives; and 
"(12) provide support, including appropriated funds, for 
the Civil Air Patrol aerospace education program to the extent 
that the Secretary of the Air Force determines appropriate 
for furthering the fulfillment of Air Force missions and objec-
tives. 
"(c) ASSISTANCE BY OTHER AGENCIES.—(1) The Secretary of 
the Air Force may arrange for the use by the Civil Air Patrol 
of such facilities and services under the jurisdiction of the Secretary 
of the Army, the Secretary of the Navy, or the head of any other 
department or agency of the United States as the Secretary of 
the Air Force considers to be needed by the Civil Air Patrol to 
carry out its mission. 
"(2) An arrangement for use of facilities or services of a military 
department or other department or agency under this subsection 
shall be subject to the agreement of the Secretary of the military 
department or head of the other department or agency, as the 
case may be. 
"(3) Each arrangement under this subsection shall be made 
in accordance with regulations prescribed under section 9448 of 
this title. 
*
*
§ 9445. Funds appropriated for the Civil Air Patrol 
"Funds appropriated for the Civil Air Patrol shall be available 
only for the exclusive use of the Civil Air Patrol. 
"§ 9446. Miscellaneous personnel authorities 
"(a) USE OF RETIRED AIR FORCE PERSONNEL.—(1) Upon the 
request of a person retired from service in the Air Force, the 
Secretary of the Air Force may enter into a personal services 
contract with that person providing for the person to serve as 
£in administrator or liaison officer for the Civil Air Patrol. The 
qualifications of a person to provide the services shall be determined 
and approved in accordance with regulations prescribed under sec-
tion 9448 of this title. 
"(2) To the extent provided in a contract under paragraph 
(1), a person providing services under the contract may accept 
services on behalf of the Air Force. 
"(3) A person, while providing services under a contract author-
ized under paragraph (1), may not be considered to be on active 
duty or inactive-duty training for any purpose. 
"(b) USE OF CIVIL AIR PATROL CHAPLAINS.—^The Secretary of 
the Air Force may use the services of Civil Air Patrol chaplains 
in support of the Air Force active duty and reserve component 
114 STAT. 1654A-298 
PUBLIC LAW 106-398—APPENDIX 
forces to the extent and under conditions that the Secretary deter-
mines appropriate. 
"§ 9447. Board of Governors 
"(a) GOVERNING BODY.—The Board of Governors of the Civil 
Air Patrol is the governing body of the Civil Air Patrol. 
"(b) COMPOSITION.—^The Board of Governors is composed of 
11 members as follows: 
"(1) Four members appointed by the Secretary of the Air 
Force, who may be active or retired officers of the Air Force 
(including reserve components of the Air Force), employees 
of the United States, or private citizens. 
"(2) Four members of the Civil Air Patrol, selected in 
accordance with the constitution and bylaws of the Civil Air 
Patrol. 
"(3) Three members appointed or selected as provided in 
subsection (c) from among personnel of any Federal Government 
agencies, public corporations, nonprofit associations, and other 
organizations that have an interest and expertise in civil avia-
tion and the Civil Air Patrol mission. 
"(c) 
APPOINTMENTS FROM 
INTERESTED 
ORGANIZATIONS.—(1) 
Subject to paragraph (2), the members of the Board of Governors 
referred to in subsection (b)(3) shall be appointed jointly by the 
Secretary of the Air Force and the National Commander of the 
Civil Air Patrol. 
"(2) Any vacancy in the position of a member referred to in 
paragraph (1) that is not filled under that paragraph within 90 
days shall be filled by majority vote of the other members of 
the Board. 
"(d) CHAIRMAN.—^The Chairman of the Board of Governors shall 
be chosen by the members of the Board of Governors from among 
the members of the Board referred to in paragraphs (1) and (2) 
of subsection (b) and shall serve for a term of two years. The 
position of Chairman shall be held on a rotating basis between 
members of the Board appointed by the Secretary of the Air Force 
under paragraph (1) of subsection (b) and members of the Board 
selected under paragraph (2) of that subsection. 
"(e) POWERS.—(1) The Board of Governors shall, subject to 
paragraphs (2) and (3), exercise the powers granted to the Civil 
Air Patrol under section 40304 of title 36. 
"(2) Any exercise by the Board of the power to amend the 
constitution or bylaws of the Civil Air Patrol or to adopt a new 
constitution or bylaws shall be subject to approval by a majority 
of the members of the Board. 
"(3) Neither the Board of Governors nor any other component 
of the Civil Air Patrol may modify or terminate any requirement 
or authority set forth in this section. 
"(f) PERSONAL LIABILITY FOR BREACH OF A FIDUCIARY DUTY.— 
(1) Subject to paragraph (2), the Board of Governors may take 
such action as is necessary to limit the personal liability of a 
member of the Board of Governors to the Civil Air Patrol, or 
to any of its members, for monetary damages for a breach of 
fiduciary duty while serving as a member of the Board. 
"(2) The Board may not limit the liability of a member of 
the Board of Governors to the Civil Air Patrol, or to any of its 
members, for monetary damages for any of the following: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-299 
"(A) A breach of the member's duty of loyalty to the Civil 
Air Patrol or its members. 
"(B) Any act or omission that is not in good faith or that 
involves intentional misconduct or a knowing violation of law. 
"(C) Participation in any transaction from which the mem-
ber 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 FIDUCLIVRY 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 Grovemors or officer of the Civil Air Patrol for a tortious act 
or omission in which the member or officer, as the case may be, 
was personally involved, whether in breach of a civil duty or in 
commission of a criminal offense. 
"(3) Nothing in this subsection shall be construed to restrict 
the applicability of common law protections and rights that a mem-
ber of the Board of Governors or officer of the Civil Air Patrol 
may have. 
"(4) The protections provided under this subsection are in addi-
tion to the protections provided under subsection (f). 
''§ 9448. Regulations 
"(a) AUTHORITY.—The Secretary of the Air Force shall prescribe 
regulations for the administration of this chapter. 
"(b) REQUIRED REGULATIONS.—The regulations shall include 
the following: 
"(1) Regulations governing the conduct of the activities 
of the Civil Air Patrol when it is performing its duties as 
a volunteer civilian auxiliary of the Air Force under section 
9442 of this title. 
"(2) Regulations for providing support by the Air Force 
£md for arranging assistance by other agencies under section 
9444 of this title. 
"(3) Regulations governing the qualifications of retired Air 
Force personnel to serve as an administrator or liaison officer 
for the Civil Air Patrol under a personal services contract 
entered into under section 9446(a) of this title. 
"(c) APPROVAL BY SECRETARY OF DEFENSE.—^The regulations 
required by subsection (b)(2) shall be subject to the approval of 
the Secretary of Defense.". 
(b) CONFORMING AMENDMENTS.—(1) Section 40302 of title 36, 
United States Code, is amended— 
(A) by striking "to—" in the matter preceding paragraph 
(1) and inserting "as follows:"; 
(B) by inserting "To" after the paragraph designation in 
each of paragraphs (1), (2), (3), and (4); 
? 
(C) by striking the semicolon at the end of paragraphs 
(1)(B) and (2) and inserting a period; 
114 STAT. 1654A-300 
PUBLIC LAW 106-398—APPENDIX 
(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.". 
(B) The heading for such section is amended to read as follows: 
"§ 40303. Membership and governing body". 
(C) The item relating to such section in the table of sections 
at the beginning of chapter 403 of title 36, United States Code, 
is amended to read as follows: 
"40303. Membership and governing body.". 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 120 days after the date of the enactment of this 
Act. 
SEC. 1091. ADDITIONAL DUTIES FOR COMMISSION TO ASSESS UNITED 
STATES NATIONAL SECURITY SPACE MANAGEMENT AND 
ORGANIZATION. 
Section 1622(a) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 814; 10 U.S.C. 
I l l note) is amended by adding at the end the following new 
paragraph: 
"(6) The advisability of— 
"(A) various actions to eliminate the de facto require-
ment that specified officers in the United States Space 
Command be flight rated that results from the dual assign-
ment of officers to that command and to one or more 
other commands in positions in which such officers are 
expressly required to be flight rated; 
"(B) the establishment of a requirement that, as a 
condition of the assignment of a general or flag officer 
to the United States Space Command, the officer have 
experience in space, missile, or information operations that 
was gained through either acquisition or operational experi-
ence; and 
"(C) rotating the command of the United States Space 
Command among the Armed Forces.". 
SEC. 1092. COMMISSION ON THE FUTURE OF THE UNITED STATES 
AEROSPACE INDUSTRY. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the "Commission on the Future of the United States 
Aerospace Industry" (in this section referred to as the "Commis-
sion"). 
(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. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-301 
(C) Two members shall be appointed by the majority leader 
of the Senate. 
(D) One member shall be appointed by the minority leader 
of the Senate. 
(E) One member shall be appointed by the minority leader 
of the House of Representatives. 
(2) The members of the Commission shall be appointed from 
among persons with extensive experience and national reputations 
in aerospace manufacturing, economics, finance, national security, 
international trade, or foreign policy and persons who are represent-
ative 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 Commis-
sion to serve as the chairman of the Commission. 
(5) The Commission shall meet at the call of the chairman. 
A majority of the members shall constitute a quorum, but a lesser 
number may hold hearings. 
(c) DUTIES.—(1) The Commission shall— 
(A) study the issues associated with the future of the United 
States aerospace industry in the global economy, particularly 
in relationship to United States national security; and 
(B) assess the future importance of the domestic aerospace 
industry for the economic and national security of the United 
States. 
(2) In order to fulfill its responsibilities, the Commission shall 
study the following: 
(A) The budget process of the United States Government, 
particularly with a view to assessing the adequacy of projected 
budgets of the Federal departments and agencies for aerospace 
research and development and procurement. 
(B) The acquisition process of the Government, particularly 
with a view to assessing— 
(i) the adequacy of the current acquisition process of 
Federal departments and agencies; and 
(ii) the procedures for developing and fielding aerospace 
systems incorporating new technologies in a timely fashion. 
(C) The policies, procedures, and methods for the financing 
and payment of Government contracts. 
(D) Statutes and regulations governing international trade 
and the export of technology, particularly with a view to 
assessing— 
(i) the extent to which the current system for control-
ling the export of aerospace goods, services, and tech-
nologies reflects an adequate balance between the need 
to protect national security and the need to ensure 
unhindered access to the global marketplace; and 
(ii) the adequacy of United States and multilateral 
trade laws and policies for maintaining the international 
competitiveness of the United States aerospace industry. 
(E) Policies governing taxation, particularly with a view 
to assessing the impact of current tax laws and practices on 
the international competitiveness of the aerospace industry. 
(F) Programs for the maintenance of the nationgJ space 
launch infrastructure, particularly with a view to assessing 
114 STAT. 1654A-302 
PUBLIC LAW 106-398—APPENDIX 
the adequacy of current and projected 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 efforts at institutions of higher learn-
ing, with a view to determining the adequacy of those programs. 
(d) REPORT.—(1) Not later than March 1, 2002, the Commission 
shall submit a report on its activities to the President and Congress. 
(2) The report shall include the following: 
(A) The Commission's findings and conclusions. 
(B) The Commission's recommendations for actions by Fed-
eral departments and agencies to support the maintenance 
of a robust aerospace industry in the United States in the 
21st century and any recommendations for statutory and regu-
latory changes to support the implementation of the Commis-
sion's findings. 
(C) A discussion of the appropriate means for implementing 
the Commission's recommendations. 
(e) ADMINISTRATIVE REQUIREMENTS AND AUTHORITIES.—(1) The 
Director of the Office of Management and Budget shall ensure 
that the Commission is provided such administrative services, facili-
ties, staff, and other support services as may be necessary. Any 
expenses of the Commission shall be paid from funds available 
to the Director. 
(2) The Commission may hold hearings, sit and act at times 
and places, take testimony, and receive evidence that the Commis-
sion considers advisable to carry out the purposes of this section. 
(3) The Commission may request directly from any department 
or agency of the United States any information that the Commission 
considers necessary to carry out the provisions of this section. 
To the extent consistent with applicable requirements of law and 
regulations, the head of such department or agency shall furnish 
such information to the Commission. 
(4) The Commission may use the United States mails in the 
same manner and under the same conditions as other departments 
and agencies of the United States. 
(f) COMMISSION PERSONNEL MATTERS.—(1) Members of the 
Commission shall serve without additional compensation for their 
service on the Commission, except that members appointed from 
among private citizens may be allowed travel expenses, including 
per diem in lieu of subsistence, as authorized by law for persons 
serving intermittently in Government service under subchapter I 
of chapter 57 of title 5, United States Code, while away from 
their homes and places of business in the performance of services 
for the Commission. 
(2) The chairman of the Commission may appoint staff of the 
Commission, request the detail of Federal employees, and accept 
temporary and intermittent services in accordance with section 
3161 of title 5, United States Code (as added by section 1101 
of this Act). 
(g) TERMINATION.—The Commission shall terminate 30 days 
after the date of the submission of its report under subsection 
(d). 
SEC. 1093. DRUG ADDICTION TREATMENT. 
(a) IN GENERAL.—Section 303(g) of the Controlled Substances 
Act (21 U.S.C. 823(g)) is amended— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-303 
(1) in paragraph (2), by striking "(A) security" and inserting 
"(i) security", and by striking "(B) the maintenance" and insert-
ing "(ii) the maintenance"; 
(2) by redesignating paragraphs (1) through (3) as subpara-
graphs (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 dis-
pense"; and 
(5) by adding at the end the following paragraph: 
"(2)(A) Subject to subparagraphs (D) and (J), the requirements 
of paragraph (1) are waived in the case of the dispensing (including 
the prescribing), by a practitioner, of narcotic drugs in schedule 
III, IV, or V or combinations of such drugs if the practitioner 
meets the conditions specified in subparagraph (B) and the narcotic 
drugs or combinations of such drugs meet the conditions specified 
in subparagraph (C). 
"(B) For purposes of subparagraph (A), the conditions specified 
in this subparagraph with respect to a practitioner are that, before 
the initial dispensing of narcotic drugs in schedule III, IV, or 
V or combinations of such drugs to patients for maintenance or 
detoxification treatment, the practitioner submit to the Secretary 
a notification of the intent of the practitioner to begin dispensing 
the drugs or combinations for such purpose, and that the notification 
contain the following certifications by the practitioner: 
"(i) The practitioner is a qualifying physician (as defined 
in subparagraph (G)). 
"(ii) With respect to patients to whom the practitioner 
will provide such drugs or combinations of drugs, the practi-
tioner has the capacity to refer the patients for appropriate 
counseling and other appropriate ancillary services. 
"(iii) In any case in which the practitioner is not in a 
group practice, the total number of such patients of the practi-
tioner at any one time will not exceed the applicable number. 
For purposes of this clause, the applicable number is 30, except 
that the Secretary may by regulation change such total number. 
"(iv) In any case in which the practitioner is in a group 
practice, the total number of such patients of the group practice 
at any one time will not exceed the applicable number. For 
purposes of this clause, the applicable number is 30, except 
that the Secretary may by regulation change such total number, 
and the Secretary for such purposes may by regulation establish 
different categories on the basis of the number of practitioners 
in a group practice and establish for the various categories 
different numerical limitations on the number of such patients 
that the group practice may have. 
"(C) For purposes of subparagraph (A), the conditions specified 
in this subparagraph with respect to narcotic drugs in schedule 
III, IV, or V or combinations of such drugs are as follows: 
"(i) The drugs or combinations of drugs have, under the 
Federal Food, Drug, and Cosmetic Act or section 351 of the 
Public Health Service Act, been approved for use in mainte-
nance 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 determination is a determination published 
114 STAT. 1654A-304 
PUBLIC LAW 106-398—APPENDIX 
in the Federal Register and made by the Secretary, after con-
sultation with the Attorney General, that the use of the drugs 
or combinations of drugs for maintenance or detoxification 
treatment requires additional standards respecting the quali-
fications of practitioners to provide such treatment, or requires 
standards respecting the quantities of the drugs that may be 
provided for unsupervised use. 
"(D)(i) A waiver under subparagraph (A) with respect to a 
practitioner is not in effect unless (in addition to conditions under 
subparagraphs (B) and (C)) the following conditions are met: 
"(I) The notification under subparagraph (B) is in writing 
and states the name of the practitioner. 
"(II) The notification identifies the registration issued for 
the practitioner pursuant to subsection (f). 
"(Ill) If the practitioner is a member of a group practice, 
the notification states the names of the other practitioners 
in the practice and identifies the registrations issued for the 
other practitioners pursuant to subsection (f). 
"(ii) Upon receiving a notification under subparagraph (B), the 
Attorney General shall assign the practitioner involved an identi-
fication number under this paragraph for inclusion with the reg-
istration issued for the practitioner pursuant to subsection (f). 
The identification number so assigned shall be appropriate to pre-
serve the confidentiality of patients for whom the practitioner has 
dispensed narcotic drugs under a waiver under subparagraph (A), 
"(iii) Not later than 45 days after the date on which the Sec-
retary 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 such 
45-day period, the Attorney General shall assign the physician 
an identification number described in clause (ii) at the end of 
such period. 
"(E)(i) If a practitioner is not registered under paragraph (1) 
and, in violation of the conditions specified in subparagraphs (B) 
through (D), dispenses narcotic drugs in schedule III, IV, or V 
or combinations of such drugs for maintenance treatment or detoxi-
fication treatment, the Attorney General may, for purposes of sec-
tion 304(a)(4), consider the practitioner to have committed an act 
that renders the registration of the practitioner pursuant to sub-
section (f) to be inconsistent with the public interest. 
"(ii)(I) Upon the expiration of 45 days from the date on which 
the Secretary receives a notification under subparagraph (B), a 
practitioner who in good faith submits a notification under subpara-
graph (B) and reasonably believes that the conditions specified 
in subparagraphs (B) through (D) have been met shall, in dispensing 
narcotic drugs in schedule III, IV, or V or combinations of such 
drugs for maintenance treatment or detoxification treatment, be 
considered to have a waiver under subparagraph (A) until notified 
otherwise by the Secretary, except that such a practitioner may 
commence to prescribe or dispense such narcotic drugs for such 
purposes prior to the expiration of such 45-day period if it facilitates 
the treatment of an individual patient and both the Secretary 
and the Attorney General are notified by the practitioner of the 
intent to commence prescribing or dispensing such narcotic drugs. 
"(II) For purposes of subclause (I), the publication in the Federal 
Register of an adverse determination by the Secretary pursuant 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-305 
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 sched-
ule III, IV, or V or combinations of such drugs to patients for 
maintenance or detoxification treatment, a practitioner may, in 
his or her discretion, dispense such drugs or combinations for such 
treatment under a registration under paragraph (1) or a waiver 
under subparagraph (A) (subject to meeting the applicable condi-
tions). 
"(ii) This paragraph may not be construed as having any legal 
effect on the conditions for obtaining a registration under paragraph 
(1), including with respect to the number of patients who may 
be served under such a registration. 
"(G) For purposes of this paragraph: 
"(i) The term 'group practice' has the meaning given such 
term in section 1877(h)(4) of the Social Security Act. 
"(ii) The term 'qualifying physician' means a physician 
who is licensed under State law and who meets one or more 
of the following conditions: 
"(I) The physician holds a subspecialty board certifi-
cation in addiction psychiatry from the .Ajnerican Board 
of Medical Specialties. 
"(II) The physician holds an addiction certification from 
the American Society of Addiction Medicine. 
"(Ill) The physician holds a subspecialty board certifi-
cation in addiction medicine from the American Osteopathic 
Association. 
"(IV) The physician has, with respect to the treatment 
and management of opiate-dependent patients, completed 
not less than eight hours of training (through classroom 
situations, seminars at professional society meetings, 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 leading to the approval of 
a narcotic drug in schedule III, IV, or V for maintenance 
or detoxification treatment, as demonstrated by a state-
ment submitted to the Secretary by the sponsor of such 
approved drug. 
"(VI) The physician has such other training or experi-
ence as the State medical licensing board (of the State 
in which the physician will provide maintenance or detoxi-
fication treatment) considers to demonstrate the ability 
of the physician to treat and manage opiate-dependent 
patients. 
"(VII) The physician has such other training or experi-
ence as the Secretary considers to demonstrate the ability 
of the physician to treat and manage opiate-dependent 
/ 
patients. Any criteria of the Secretary under this subclause 
114 STAT. 1654A-306 
PUBLIC LAW 106-398—APPENDIX 
shall be established by regulation. Any such criteria are 
effective only for 3 years after the date on which the 
criteria are promulgated, but may be extended for such 
additional discrete 3-year periods as the Secretary consid-
ers 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 Sec-
retary during the 30-day period preceding the end of the 
3-year period involved. 
"(H)(i) In consultation with the Administrator of the Drug 
Enforcement Administration, the Administrator of the Substance 
Abuse and Mental Health Services Administration, the Director 
of the National Institute on Drug Abuse, and the Commissioner 
of Food and Drugs, the Secretary shall issue regulations (through 
notice and comment rulemaking) or issue practice guidelines to 
address the following: 
"(I) Approval of additional credentialing bodies and the 
responsibilities of additional credentialing bodies. 
"(II) Additional exemptions from the requirements of this 
paragraph and any regulations under this paragraph. 
Nothing in such regulations or practice guidelines may authorize 
£iny Federal official or employee to exercise supervision or control 
over the practice of medicine or the manner in which medical 
services are provided. 
"(ii) Not later than 120 days after the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, the Secretary shall issue a treatment improve-
ment 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 Serv-
ices Administration, and other substance abuse disorder profes-
sionals. The protocol shall be guided by science. 
"(I) During the 3-year period beginning on the date of the 
enactment of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001, a State may not preclude a practitioner 
from dispensing or prescribing drugs in schedule III, IV, or V 
or combinations of such drugs, to patients for maintenance or detoxi-
fication treatment in accordance with this paragraph unless, before 
the expiration of that 3-year period, the State enacts a law prohibit-
ing a practitioner from dispensing such drugs or combinations of 
drug. 
"(JXi) This paragraph takes effect on the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, and remains in effect thereafter except as provided 
in clause (iii) (relating to a decision by the Secretary or the Attorney 
General that this paragraph should not remain in effect). 
"(ii) For purposes relating to clause (iii), the Secretary and 
the Attorney General may, during the 3-year period beginning 
on the date of the enactment of the Floyd D. Spence Nationgd 
Defense Authorization Act for Fiscal Year 2001, make determina-
tions in accordance with the following: 
"(I) The Secretary may make a determination of whether 
treatments provided under waivers under subparagraph (A) 
PUBLIC LAW 106-39&—APPENDIX 
114 STAT. 1654A-307 
have been effective forms of maintenance treatment and detoxi-
fication treatment in clinical settings; may make a determina-
tion of whether such waivers have significantly increased (rel-
ative to the beginning of such period) the availability of mainte-
nance treatment and detoxification treatment; and may make 
a determination of whether such waivers have adverse con-
sequences for the public health. 
"(II) The Attorney General may make a determination of 
the extent to which there have been violations of the numerical 
limitations established under subparagraph (B) for the number 
of individuals to whom a practitioner may provide treatment; 
may make a determination of whether waivers under subpara-
graph (A) have increased (relative to the beginning of such 
period) the extent to which narcotic drugs in schedule III, 
IV, or V or combinations of such drugs are being dispensed 
or possessed in violation of this Act; and may make a determina-
tion of whether such waivers have adverse consequences for 
the public health. 
"(iii) If, before the expiration of the period specified in clause 
(ii), the Secretary or the Attorney General publishes in the Federal 
Register a decision, made on the basis of determinations under 
such clause, that this paragraph should not remain in effect, this 
paragraph ceases to be in effect 60 days after the date on which 
the decision is so published. The Secretary shall in making any 
such decision consult with the Attorney General, and shall in 
publishing the decision in the Federal Register include any com-
ments received from the Attorney General for inclusion in the 
publication. The Attorney General shall in making any such decision 
consult with the Secretary, and shall in publishing the decision 
in the Federal Register include any comments received from the 
Secretary for inclusion in the publication.". 
(b) CONFORMING AMENDMENTS.—Section 304 of the Controlled 
Substances Act (21 U.S.C. 824) is amended— 
(1) in subsection (a), in the matter after and below para-
graph (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 insert-
ing "section 303(g)( 1)". 
(c) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of assisting the Secretary of Health and Human Services 
with the additional duties established for the Secretary pursuant 
to the amendments made by this section, there are authorized 
to be appropriated, in addition to other authorizations of appropria-
tions that are available for such purpose, such sums as 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 section shall be 
deemed for all purposes to have been made by section 3502 of 
that Act and this section shall cease to be in effiect as of that 
enactment. 
114 STAT. 1654A-308 
PUBLIC LAW 106-398—APPENDIX 
TITLE XI—DEPARTMENT OF DEFENSE 
CIVILIAN PERSONNEL 
SUBTITLE A—CIVILIAN PERSONNEL MANAGEMENT GENERALLY 
Sec. 1101. Employment and compensation of employees for temporary organizations 
established by law or Executive order. 
Sec. 1102. Assistive technology accommodations program. 
Sec. 1103. Extension of authority for voluntary separations in reductions in force. 
Sec. 1104. Electronic maintenance of performance appraisal systems. 
Sec. 1105. Study on civilian personnel services. 
SUBTITLE B—DEMONSTRATION AND PILOT PROGRAMS 
Sec. 1111. Pilot program for reengineering the equal employment opportunity com-
plaint process. 
Sec. 1112. Work safety demonstration program. 
Sec. 1113. Extension, expansion, and revision of authority for experimental personnel 
program for scientific and technical personnel. 
Sec. 1114. Clarification of personnel management authority under personnel dem-
onstration project. 
SUBTITLE C—EDUCATIONAL ASSISTANCE 
Sec. 1121. Restructuring the restriction on degree training. 
Sec. 1122. Student loan repayment programs. 
Sec. 1123. Extension of authority for tuition reimbursement and training for civilian 
employees in the defense acquisition workforce. 
SUBTITLE D—OTHER BENEFITS . 
Sec. 1131. Additional special pay for foreign language proficiency beneficial for 
United States national seciuity interests. 
Sec. 1132. Approval authority for cash awards in excess of $10,000. 
Sec. 1133. Leave for crews of certain vessels. 
Sec. 1134. Life insiu^ance for emergency essential Department of Defense employees. 
SUBTITLE E—INTELLIGENCE CIVILIAN PERSONNEL 
Sec. 1141. Expansion of defense civilian intelligence personnel system positions. 
Sec. 1142. Increase in number of positions authorized for the Defense Intelligence 
Senior Executive Service. 
SUBTITLE F—VOLUNTARY SEPARATION INCENTIVE PAY AND EARLY RETIREMENT 
AUTHORITY 
Sec. 1151. Extension, revision, and expansion of authorities for use of voluntary sepa-
ration incentive pay and voluntary early retirement. 
Sec. 1152. Department of Defense employee voluntary early retirement authority. 
Sec. 1153. Limitations. 
Subtitle A—Civilian Personnel 
Management Generally 
SEC. 1101. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR 
TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR 
EXECUTIVE ORDER. 
(a) IN GENERAL.—Chapter 31 of title 5, United States Code, 
is amended by adding at the end the following new subchapter: 
"SUBCHAPTER IV—TEMPORARY ORGANIZATIONS 
ESTABLISHED BY LAW OR EXECUTIVE ORDER 
''§ 3161. Employment and compensation of employees 
"(a) DEFINITION OF TEMPORARY ORGANIZATION.—For the pur-
poses of this subchapter, the term 'temporary organization' means 
a commission, committee, board, or other organization that— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-309 
"(1) is established by law or Executive order for a specific 
period not in excess of three years for the purpose of performing 
a specific study or other project; and 
"(2) is terminated upon the completion of the study or 
project or upon the occurrence of a condition related to the 
completion of the study or project. 
"(b) EMPLOYMENT AUTHORITY.—(1) Notwithstanding the provi-
sions of chapter 51 of this title, the head of a temporary organization 
may appoint persons to positions of employment in a temporary 
organization in such numbers and with such skills as are necessary 
for the performance of the functions required of a temporary 
organization. 
"(2) The period of an appointment under paragraph (1) may 
not exceed three years, except that under regulations prescribed 
by the Office of Personnel Management the period of appointment 
may be extended for up to an additional two years. 
"(3) The positions of employment in a temporary organization 
are in the excepted service of the civil service. 
"(c) DETAIL AUTHORITY.—^Upon the request of the head of a 
temporary organization, the head of any department or agency 
of the Government may detail, on a nonreimbursable basis, any 
personnel of the department or agency to that organization to 
assist in carrying out its duties. 
"(d) COMPENSATION.—(1) The rate of basic pay for an employee 
appointed under subsection (b) shall be established under regula-
tions prescribed by the Office of Personnel Management without 
regard to the provisions of chapter 51 and subchapter III of chapter 
53 of this title. 
"(2) The rate of basic pay for the chairman, a member, an 
executive director, a staff director, or another executive level posi-
tion of a temporary organization may not exceed the maximum 
rate of basic pay established for the Senior Executive Service under 
section 5382 of this title. 
"(3) Except as provided in paragraph (4), the rate of basic 
pay for other positions in a temporary organization may not exceed 
the maximum rate of basic pay for grade GS-15 of the General 
Schedule under section 5332 of this title. 
"(4) The rate of basic pay for a senior staff position of a 
temporary organization may, in a case determined by the head 
of the temporary organization as exceptional, exceed the maximum 
rate of basic pay authorized under paragraph (3), but may not 
exceed the maximum rate of basic pay authorized for an executive 
level position under paragraph (2). 
"(5) In this subsection, the term 'basic pay' includes locality 
pay provided for under section 5304 of this title. 
"(e) TRAVEL EXPENSES.—^An employee of a temporary organiza-
tion, whether employed on a full-time or part-time basis, may 
be allowed travel and transportation expenses, including per diem 
in lieu of subsistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of this title, while traveling 
away from the employee's regular place of business in the perform-
ance of services for the temporary organization. 
"(f) BENEFITS.—^An employee appointed under subsection (b) 
shall be afforded the same benefits and entitlements as are provided 
temporary employees under this title. 
"(g) RETURN RIGHTS.—^An employee serving under a career 
or career conditional appointment or the equivalent in an agency 
114 STAT. 1654A-310 
PUBLIC LAW 106-398—APPENDIX 
who transfers to or converts to an appointment in a temporary 
organization with the consent of the head of the agency is entitled 
to be returned to the employee's former position or a position 
of like seniority, status, and pay without grade or pay retention 
in the agency if the employee— 
"(1) is being separated from the temporary organization 
for reasons other than misconduct, neglect of duty, or malfea-
sance; and 
"(2) applies for return not later than 30 days before the 
earlier o
f
— 
"(A) the date of the termination of the employment 
in the temporary organization; or 
"(B) the date of the termination of the temporary 
organization. 
"(h) TEMPORARY AND INTERMITTENT SERVICES.—The head of 
a temporary organization may procure for the organization tem-
porary and intermittent services under section 3109(b) of this title, 
"(i) ACCEPTANCE OF VOLUNTEER SERVICES.—(1) The head of 
a temporary organization may accept volunteer services appropriate 
to the duties of the organization without regard to section 1342 
of title 31. 
"(2) Donors of voluntary services accepted for a temporary 
organization under this subsection may include the following: 
"(A) Advisors. 
"(B) Experts. 
"(C) Members of the commission, committee, board, or other 
temporary organization, as the case may be. 
"(D) A person performing services in any other capacity 
determined appropriate by the head of the temporary organiza-
tion. 
"(3) The head of the temporary organization— 
"(A) shall ensure that each person performing voluntary 
services accepted under this subsection is notified of the scope 
of the voluntary services accepted; 
"(B) shall supervise the volunteer to the same extent as 
employees receiving compensation for similar services; and 
"(C) shall ensure that the volunteer has appropriate creden-
tials or is otherwise qualified to perform in each capacity for 
which the volunteer's services are accepted. 
"(4) A person providing volunteer services accepted under this 
subsection shall be considered an employee of the Federal Govern-
ment in the performance of those services for the purposes of 
the following provisions of law: 
"(A) Chapter 81 of this title, relating to compensation for 
work-related injuries. 
"(B) Chapter 171 of title 28, relating to tort claims. 
"(C) Chapter 11 of title 18, relating to conflicts of interest.", 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following: 
"SUBCHAPTER IV—TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW 
OR EXECUTIVE ORDER 
"Sec. 
"3161. Employment and compensation of employees.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-311 
SEC. 1102. ASSISTIVE TECHNOLOGY ACCOMMODATIONS PROGRAM. 
(a) AUTHORITY TO PROVIDE TECHNOLOGY, DEVICES, AND SERV-
ICES.—Chapter 81 of title 10, United States Code, is amended 
by inserting after section 1581 the following new section: 
"§ 1582. Assistive technology, assistive technology devices, 
and assistive technology services 
"(a) AUTHORITY.—The Secretary of Defense may provide assist-
ive technology, assistive technology devices, and assistive technology 
services to the following: 
"(1) Department of Defense employees with disabilities. 
"(2) Organizations within the Department that have 
requirements to make programs or facilities accessible to, and 
usable by, persons with disabilities. 
"(3) Any other department or agency of the Federal Govern-
ment, upon the request of the head of that department or 
agency, for its employees with disabilities or for satisfying 
a requirement to make its programs or facilities accessible 
to, and usable by, persons with disabilities. 
"(b) DEFINITIONS.—In this section, the terms 'assistive tech-
nology', '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 begin-
ning of such chapter is amended by inserting after the item relating 
to section 1581 the following new item: 
"1582. Assistive technology, assistive technology devices, and assistive technology 
services.". 
SEC. 1103. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS 
IN REDUCTIONS IN FORCE. 
Section 3502(f)(5) of title 5, United States Code, is amended 
by striking "September 30, 2001" and inserting "September 30, 
2005". 
SEC. 1104. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL 
SYSTEMS. 
Section 4302 of title 5, United States Code, is amended by 
adding at the end the following new subsection: 
"(c) In accordance with regulations which the Office shall pre-
scribe, the head of an agency may administer and maintain a 
performance appraisal system electronically.". 
SEC. 1105. STUDY ON CIVILIAN PERSONNEL SERVICES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall assess 
the manner in which personnel services are provided for civilian 
personnel in the Department of Defense and determine whether— 
(1) administration of such services should continue to be 
centralized in individual military services and Defense Agencies 
or whether such services should be centralized within des-
ignated geographical areas to provide services to all Department 
of Defense elements; 
(2) offices that perform such services should be established 
to perform specific functions rather than cover an established 
geographical area; 
(3) processes and functions of civilian personnel offices 
should be reengineered to provide greater efficiency and better 
79-194 O - 00 - 12 : QL 3 Part 3 
114 STAT. 1654A-312 
PUBLIC LAW 106-398—APPENDIX 
service to management and employees of the Department of 
Defense; and 
(4) efficiencies could be gained by public-private competition 
of the delivery of any of the personnel services for civilian 
personnel of the Department of Defense. 
(b) REPORT.—Not later than January 1, 2002, the Secretary 
of Defense shall submit a report on the study, including rec-
ommendations, to the Committees on Armed Services of the Senate 
and the House of Representatives. The report shall include the 
Secretary's assessment of the items described in subsection (a), 
and, if appropriate, a proposal for a demonstration program to 
test the concepts developed under the study. The Secretary may 
also include any recommendations for legislation or other actions 
that the Secretary considers appropriate to increase the effective-
ness and efficiency of the delivery of personnel services with respect 
to civilian personnel of the Department of Defense. 
Subtitle B—Demonstration and Pilot 
Programs 
SEC. 
1111. PILOT PROGRAM FOR REENGINEERING THE EQUAL 
EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS. 
(a) PILOT PROGRAM.—(1) The Secretary of Defense shall carry 
out a pilot program to improve processes for the resolution of 
equal employment opportunity complaints by civilian employees 
of the Department of Defense. Complaints processed under the 
pilot program shall be subject to the procedural requirements estab-
lished 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 restric-
tions prescribed by the Equal Employment Opportunity Commis-
sion. 
(2) The pilot program shall include procedures to reduce 
processing time and eliminate redundancy with respect to processes 
for the resolution of equal emplo3anent opportunity complaints, 
reinforce local management and chain-of-command accountability, 
and provide the parties involved with early opportunity for resolu-
tion. 
(3) The Secretary may carry out the pilot program for a period 
of three years, beginning on January 1, 2001. 
(4)(A) Participation in the pilot program shall be voluntary 
on the part of the complainant. Complainants who participate in 
the pilot program shall retain the right to appeal a final agency 
decision to the Equal Employment Opportunity Commission and 
to file suit in district court. The Equal Employment Opportunity 
Commission shall not reverse a final agency decision on the grounds 
that the agency did not comply with the regulatory requirements 
promulgated by the Commission. 
(B) Subparagraph (A) shall apply to all cases— 
(i) pending as of January 1, 2001, before the Equal Employ-
ment Opportunity Commission involving a civilian employee 
who filed a complaint under the pilot program of the Depart-
ment of the Navy to improve processes for the resolution of 
equal employment opportunity complaints; and 
(ii) hereinafter filed with the Commission under the pilot 
program established by this section. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-313 
(5) The pilot program shall be carried out in at least one 
military department and two Defense Agencies. 
(b) REPORT.—Not later than 90 days following the end of the 
first and last full or partial fiscal years during which the pilot 
program is implemented, the Comptroller General shall submit 
to Congress a report on the pilot program. Such report shall contain 
the following: 
(1) A description of the processes tested by the pilot pro-
gram. 
(2) The results of such testing. 
(3) Recommendations for changes to the processes for the 
resolution of equal employment opportunity complaints as a 
result of such pilot program. 
(4) A comparison of the processes used, and results 
obtained, under the pilot program to traditional and alternative 
dispute resolution processes used in the government or private 
industry. 
i 
SEC. 1112. WORK SAFETY DEMONSTRATION PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense shall carry out 
a defense employees work safety demonstration program. 
(b) PRIVATE SECTOR WORK SAFETY MODELS.—Under the dem-
onstration program, the Secretary shall— 
(1) adopt for use in the workplace of civilian employees 
of the Department of Defense such work safety models used 
by employers in the private sector that the Secretary considers 
as being representative of the best work safety practices in 
use by private sector employers; and 
(2) determine whether the use of those practices in the 
Department of Defense improves the work safety record of 
Department of Defense employees. 
(c) SITES.—(1) The Secretary shall carry out the demonstration 
program— 
(A) at not fewer than two installations of each of the 
Armed Forces (other than the Coast Guard), for employees 
of the military department concerned; and 
(B) in at least two Defense Agencies (as defined in section 
lOKaXll) of title 10, United States Code). 
(2) The Secretary shall select the installations and Defense 
Agencies from among the installations and Defense Agencies listed 
in the Federal Worker 2000 Presidential Initiative. 
(d) PERIOD FOR PROGRAM.—The demonstration program shall 
begin not later than 180 days after the date of the enactment 
of this Act and shall terminate on September 30, 2002. 
(e) REPORTS.—(1) The Secretary of Defense shall submit an 
interim report on the demonstration program to the Committees 
on Armed Services of the Senate and the House of Representatives 
not later than December 1, 2001. The interim report shall contain, 
at a minimum, for each site of the demonstration program the 
following: 
(A) A baseline assessment of the lost workday injury rate. 
(B) A comparison of the lost workday injury rate for fiscal 
year 2000 with the lost workday injury rate for fiscal year 
1999. 
(C) The direct and indirect costs associated with all lost 
workday injuries. 
114 STAT. 1654A-314 
PUBLIC LAW 106-398—APPENDIX 
(2) The Secretary of Defense shall submit a final report on 
the demonstration program to the Committees on Armed Services 
of the Senate and the House of Representatives not later than 
December 1, 2002. The final report shall contain, at a minimum, 
for each site of the demonstration program the following: 
(A) The Secretary's determination on the issue described 
in subsection (b)(2). 
(B) A comparison of the lost workday injury rate under 
the program with the baseline assessment of the lost workday 
injury rate. 
(C) The lost workday injury rate for fiscal year 2002. 
(D) A comparison of the direct and indirect costs associated 
with all lost workday injuries for fiscal year 2002 with the 
direct and indirect costs associated with all lost workday 
injuries for fiscal year 2001. 
(f) FUNDING.—Of the amount authorized to be appropriated 
under section 301(5), $5,000,000 shall be available for the dem-
onstration program under this section. 
SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY FOR 
EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 
AND TECHNICAL PERSONNEL. 
(a) EXTENSION OF PROGRAM.—Section 1101 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2139; 5 U.S.C. 3104 note) is 
amended— 
(1) in subsection (a), by striking "the 5-year period begin-
ning on the date of the enactment of this Act" and inserting 
"the program period specified in subsection (e)( 1)"; 
(2) in subsection (e), by striking paragraph (1) and inserting 
the following: 
"(1) The period for carrying out the program authorized under 
this section begins on October 17, 1998, and ends on October 
16, 2005."; and 
(3) in subsection (f), by striking "on the day before the 
termination of the program" and inserting "on the last day 
of the program period specified in subsection (e)( 1)". 
(b) EXPANSION OF SCOPE.—Subsection (a) of such section, as 
amended by subsection (a)(1) of this section, is further amended 
by inserting before the period at the end the following: "and research 
and development projects administered by laboratories designated 
for the program by the Secretary from among the laboratories 
of each of the military departments". 
(c) LIMITATION ON NUMBER OF APPOINTMENTS.—Subsection 
(b)(1) of such section is amended to read as follows: 
"(1) without regard to any provision of title 5, United 
States Code, governing the appointment of employees in the 
civil service, appoint scientists and engineers from outside the 
civil service and uniformed services (as such terms are defined 
in section 2101 of such title) to— 
"(A) not more than 40 scientific and engineering posi-
tions in the Defense Advanced Research Projects Agency; 
"(B) not more than 40 scientific and engineering posi-
tions in the designated laboratories of each of the military 
services; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-315 
"(C) not more than a total of 10 scientific and engineer-
ing positions in the National Imagery and Mapping Agency 
and the National Security Agency;". 
(d) RATES OF PAY FOR APPOINTEES.—Subsection (b)(2) of such 
section is amended by inserting after "United States Code," the 
following: "as increased by locality-based comparability payments 
under section 5304 of such title,". 
(e) COMMENSURATE EXTENSION OF REQUIREMENT FOR ANNUAL 
REPORT.—Subsection (g) of such section is amended by striking 
"2004" and inserting "2006". 
(f) AMENDMENT OF SECTION HEADING.—The heading for such 
section is amended to read as follows: 
"SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 
AND TECHNICAL PERSONNEL.". 
SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY 
UNDER PERSONNEL DEMONSTRATION PROJECT. 
(a) 
ELIMINATION OF REQUIREMENT FOR O P M REVIEW AND 
APPROVAL.—Section 342 of the National Defense Authorization Act 
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721) is 
amended— 
(1) in subsection (b)(1), by striking ", with the approval 
of the Director of the Office of Personnel Management,"; and 
(2) in subsection (b)(3)— 
(A) by striking "and" at the end of subparagraph (A); 
(B) by striking "section 4703." and inserting "section 
4703; and" at the end of subparagraph (B); and 
(C) by inserting at the end the following new subpara-
graph (C): 
"(C) the Secretary shall exercise the 
authorities 
granted to the Office of Personnel Management under such 
section 4703.". 
(b) INCREASE IN LEVEL OF AUTHORIZED PAY.—Section 342(b) 
of such Act is further amended by adding at the end the following 
new paragraph: 
"(5) The limitations in section 5373 of title 5, United States 
Code, do not apply to the authority of the Secretary under this 
section to prescribe salary schedules and other related benefits.". 
Subtitle C—Educational Assistance 
SEC. 1121. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING. 
Section 4107 of title 5, United States Code, is amended— 
(1) in subsection (a), by striking "subsection (b)" and insert-
ing "subsections (b) and (c)"; 
(2) in subsection (b)(1), by striking "subsection (a)" and 
inserting "subsection (a) or (c)"; and 
(3) by adding at the end the following new subsection: 
"(c) With respect to an employee of the Department of Defense— 
"(1) this chapter does not authorize, except as provided 
in subsection (b) of this section, the selection and assignment 
of the employee for training, or the payment or reimbursement 
of the costs of training, for— 
"(A) the purpose of providing an opportunity to the 
employee to obtain an academic degree in order to qualify 
114 STAT. 1654A-316 
PUBLIC LAW 106-398—APPENDIX 
for appointment to a particular position for which the aca-
demic degree is a basic requirement; or 
"(B) the sole purpose of providing an opportunity to 
the employee to obtain one or more academic degrees, 
unless such opportunity is part of a planned, systematic, 
and coordinated program of professional 
development 
endorsed by the Department of Defense; and 
"(2) any course of post-secondary education delivered 
through classroom, electronic, or other means shall be adminis-
tered or conducted by an institution recognized under standards 
implemented by a national or regional accrediting body, except 
in a case in which such standards do not exist or the use 
of such standards would not be appropriate.". 
SEC. 1122. STUDENT LOAN REPAYMENT PROGRAMS. 
(a) COVERED STUDENT LOANS.—Section 5379(a)(1)(B) of title 
5, United States Code, is amended— 
(1) in clause (i), by inserting "(20 U.S.C. 1071 et seq.)" 
before the semicolon; 
(2) in clause (ii), by striking "part E of title IV of the 
Higher Education Act of 1965" and inserting "part D or E 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1087a et seq., 1087aa et seq.)"; and 
(3) in clause (iii), by striking "part C of title VII of Public 
Health Service Act or under part B of title VIII of such Act" 
and inserting "part A of title VII of the Public Health Service 
Act (42 U.S.C. 292 et seq.) or under part E of title VIII of 
such Act (42 U.S.C. 297a et seq.)". 
(b) PERSONNEL COVERED.—(1) Section 5379(a)(2) of title 5, 
United States Code, is amended to read as follows: 
"(2) An employee shall be ineligible for benefits under this 
section if the employee occupies a position that is excepted from 
the competitive service because of its confidential, policy-determin-
ing, policy-making, or policy-advocating character.". 
(2) Section 5379(b)(1) of title 5, United States Code, is amended 
by striking "professional, technical, or administrative". 
(c) REGULATIONS.—(1) Not later than 60 days after the date 
of the enactment of this Act, the Director of the OfEce of Personnel 
Management shall issue proposed regulations under section 5379(g) 
of title 5, United States Code. The Director shall provide for a 
period of not less than 60 days for public comment on the regula-
tions. 
(2) Not later than 240 days after the date of the enactment 
of this Act, the Director shall issue final regulations. 
(d) ANNUAL REPORTS.—Section 5379 of title 5, United States 
Code, is amended by adding at the end the following: 
"(h)(1) Each head of an agency shall maintain, and annually 
submit to the Director of the Office of Personnel Management, 
information with respect to the agency on— 
"(A) the number of Federal employees selected to receive 
benefits under this section; 
"(B) the job classifications for the recipients; and 
"(C) the cost to the Federal Government of providing the 
benefits. 
"(2) The Director of the Office of Personnel Management shall 
prepare, and annually submit to Congress, a report containing 
the information submitted under paragraph (1), and information 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-317 
identifying the agencies that have provided benefits under this 
section.". 
SEC. 1123. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT 
AND 
TRAINING FOR CIVILIAN EMPLOYEES IN THE 
DEFENSE ACQUISITION WORKFORCE. 
Section 1745(a)(2) of title 10, United States Code, is amended 
by striking "September 30, 2001" and inserting "September 30, 
2010". 
Subtitle D—Other Benefits 
SEC. 1131. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE PRO-
FICIENCY BENEFICIAL FOR UNITED STATES NATIONAL 
SECURITY INTERESTS. 
(a) IN GENERAL.—Chapter 81 of title 10, United States Code, 
is amended by inserting after section 1596 the following new section: 
"§ 1596a. Foreign language proficiency: special pay for pro-
ficiency beneficial for other national security 
interests 
"(a) AUTHORITY.—The Secretary of Defense may pay special 
pay under this section to an employee of the Department of Defense 
who— 
"(1) has been certified by the Secretary to be proficient 
in a foreign language identified by the Secretary as being 
a language in which proficiency by civilian personnel of the 
Department is necessary because of national security interests; 
"(2) is assigned duties requiring proficiency in that foreign 
language during a contingency operation supported by the 
armed forces; and 
"(3) is not receiving special pay under section 1596 of 
this title. 
"(b) RATE.—The rate of special pay for an employee under 
this section shall be prescribed by the Secretary, but may not 
exceed five percent of the employee's rate of basic pay. 
"(c) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special 
pay under this section is in addition to any other pay or allowances 
to which the employee is entitled. 
"(d) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section.". 
(b) AMENDMENT TO DISTINGUISH OTHER FOREIGN LANGUAGE 
PROFICIENCY SPECIAL PAY.—The heading for section 1596 of title 
10, United States Code, is amended to read as follows: 
"§ 1596. Foreign language proficiency: special pay for pro-
ficiency beneficial for intelligence interests". 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 81 of such title is amended by striking the item 
relating to section 1596 and inserting the following new items: 
"1596. Foreign language proficiency: special pay for proficiency beneficial for intel-
ligence interests. 
"1596a. Foreign language proficiency: special pay for proficiency beneficial for other 
national security interests.". 
114 STAT. 1654A-318 
PUBLIC LAW 106-398—APPENDIX 
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 Com-
mand on temporary promotion aboard ship may be paid the 
difference between their temporary and permanent rates of 
pay for leave accrued under this section and section 6303 and 
not otherwise used during the temporary promotion upon the 
expiration or termination of the temporary promotion; and". 
SEC. 1134. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPART-
MENT OF DEFENSE EMPLOYEES. 
(a) IN GENERAL.—Section 8702 of title 5, United States Code, 
is amended by adding at the end the following new subsection: 
"(c) Notwithstanding a notice previously given under subsection 
(b), an employee of the Department of Defense who is designated 
as an emergency essential employee under section 1580 of title 
10 shall be insured if the employee, within 60 days after the 
date of the designation, elects to be insured under a policy of 
insurance under this chapter. An election under the preceding sen-
tence shall be effective when provided to the Office in writing, 
in the form prescribed by the Office, within such 60-day period.". 
(b) APPLICABILITY.—For purposes of section 8702(c) of title 5, 
United States Code (as added by subsection (a)), an employee of 
the Department of Defense who is designated as an emergency 
essential employee under section 1580 of title 10, United States 
Code, before the date of the enactment of this Act shall be deemed 
to be so designated on the date of the enactment of this Act. 
Subtitle E—Intelligence Civilian Personnel 
SEC. 1141. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE PERSON-
NEL SYSTEM POSITIONS. 
(a) AUTHORITY FOR SENIOR D O D INTELLIGENCE POSITIONS 
THROUGHOUT DEPARTMENT OF DEFENSE.—Section 1601(a)(1) of title 
10, United States Code, is amended— 
(1) by striking "in the intelligence components of the 
Department of Defense and the military departments" and 
inserting "in the Department of Defense"; and 
(2) by striking "of those components and departments" 
and inserting "of the Department". 
(b) 
CONFORMING AMENDMENT FOR PERSONS ELIGIBLE FOR 
POSTEMPLOYMENT ASSISTANCE.—Section 1611 of such title is 
amended— 
(1) in subsection (a)(1), by striking "an intelligence compo-
nent of the Department of Defense" and inserting "a defense 
intelligence position"; 
(2) in subsection (b)— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-319 
(A) by striking "sensitive position in an intelligence 
component of the Department of Defense" in the matter 
preceding paragraph (1) and inserting "sensitive defense 
intelligence position"; and 
(B) by striking "with the intelligence component" in 
paragraphs (1) and (2) and inserting "in a defense intel-
ligence position"; 
(3) in subsection (d), by striking "an intelligence component 
of the Department of Defense" and inserting "in a defense 
intelligence position"; and 
(4) by striking subsection (f). 
(c) 
CONFORMING AMENDMENT FOR DEFINITION OF DEFENSE 
INTELLIGENCE POSITION.—Section 1614(1) of such title is amended 
by striking "of an intelligence component of the Department of 
Defense or of a military department" and inserting "of the Depart-
ment of Defense". 
SEC. 1142. INCREASE IN NUMBER OF POSITIONS AUTHORIZED FOR 
THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERV-
ICE. 
Section 1606(a) of title 10, United States Code, is amended 
by striking "492" and inserting "517". 
Subtitle F—^Voluntary Separation Incen-
tive Pay and Early Retirement Authority 
SEC. 1151. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES 
FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY 
AND VOLUNTARY EARLY RETIREMENT. 
(a) REVISION AND ADDITION OF PURPOSES FOR DEPARTMENT 
OF DEFENSE VSIP.—Subsection (b) of section 5597 of title 5, United 
States Code, is amended by inserting after "transfer of function," 
the following: "workforce restructuring (to meet mission needs, 
achieve one or more strength reductions, correct skill imbalances, 
or reduce the number of high-grade, managerial, or supervisory 
positions),". 
(b) ELIGIBILITY.—Subsection (c) of such section is amended— 
(1) in paragraph (2), by inserting "objective and nonper-
, , 
sonal" after "similar"; and 
(2) by adding at the end the following: 
"A determination of which employees are within the scope of an 
offer of separation pay shall be made only on the basis of consistent 
and well-documented application of the relevant criteria.". 
(c) INSTALLMENT PAYMENTS.—Subsection (d) of such section 
is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) shall be paid in a lump-sum or in installments;"; 
(2) by striking "and" at the end of paragraph (3); 
(3) by striking the period at the end of paragraph (4) 
and inserting "; and"; and 
(4) by adding at the end the following: 
"(5) if paid in installments, shall cease to be paid upon 
the recipient's acceptance of employment by the Federal 
Government, or commencement of work under a personal serv-
ices contract, as described in subsection (g)(1).". 
114 STAT. 1654A-320 
PUBLIC LAW 106-398—APPENDIX 
(d) APPLICABILITY OF REPAYMENT REQUIREMENT TO REEMPLOY-
MENT UNDER PERSONAL SERVICES CONTRACTS.—Subsection (g)(1) 
of such section is amended by inserting after "employment with 
the Government of the United States" the following: ", or who 
commences work for an agency of the United States through a 
personal services contract with the United States,". 
SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY 
RETIREMENT AUTHORITY. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title 
5, United States Code, is amended— 
(1) in subsection (d)(2), by inserting "except in the case 
of an employee who is separated from the service under a 
program carried out under subsection (o)," after "(2)"; and 
(2) by adding at the end the following: 
"(o)(l) The Secretary of Defense may, during fiscal years 2002 
and 2003, carry out a program under which an employee of the 
Department of Defense may be separated from the service entitled 
to an immediate annuity under this subchapter if the employee— 
"(A) has— 
"(i) completed 25 years of service; or 
"(ii) become 50 years of age and completed 20 years 
of service; and 
"(B) is eligible for the annuity under paragraph (2) or 
(3). 
"(2)(A) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee— 
"(i) is separated from the service involuntarily other than 
for cause; and 
"(ii) has not declined a reasonable offer of another position 
in the Department of Defense for which the employee is quali-
fied, which is not lower than 2 grades (or pay levels) below 
the employee's grade (or pay level), and which is within the 
employee's commuting area. 
"(B) For the purposes of paragraph (2)(A)(i), a separation for 
failure to accept a directed reassignment to a position outside 
the commuting area of the employee concerned or to accompany 
a position outside of such area pursuant to a transfer of function 
may not be considered to be a removal for cause. 
"(3) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee satisfies all of the following condi-
tions: 
"(A) The employee is separated from the service voluntarily 
during a period in which the organization within the Depart-
ment of Defense in which the employee is serving is undergoing 
a major organizational adjustment. 
"(B) The employee has been employed continuously by the 
Department of Defense for more than 30 days before the date 
on which the head of the employee's organization requests 
the determinations required under subparagraph (A). 
"(C) The employee is serving under an appointment that 
is not limited by time. 
"(D) The employee is not in receipt of a decision notice 
of involuntary separation for misconduct or unacceptable 
performance. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-321 
"(E) The employee is within the scope of an offer of vol-
untary early retirement, as defined on the basis of one or 
more of the following objective criteria: 
"(i) One or more organizational units, 
"(ii) One or more occupational groups, series, or levels, 
"(iii) One or more geographical locations. 
"(iv) Any other similar objective and nonpersonal cri-
teria 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 Sec-
retary of Defense; and 
"(B) the requirements of subparagraph (E) of such para-
graph shall be made by the Secretary of Defense. 
"(5) A determination of which employees are within the scope 
of an offer of early retirement shall be made only on the basis 
of consistent and well-documented application of the relevant cri-
teria. 
"(6) In this subsection, the term 'major organizational adjust-
ment' 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 subsection (d)," after "(B)"; and 
(2) by adding at the end the following: 
"(d)(1) The Secretary of Defense may, during fiscal years 2002 
and 2003, carry out a program under which an employee of the 
Department of Defense may be separated from the service entitled 
to an immediate annuity under this subchapter if the employee— 
"(A) has— 
"(i) completed 25 years of service; or 
"(ii) become 50 years of age and completed 20 years 
of service; and 
"(B) is eligible for the annuity under paragraph (2) or 
(3). 
"(2)(A) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee— 
"(i) is separated from the service involuntarily other than 
for cause; and 
"(ii) has not declined a reasonable offer of another position 
in the Department of Defense for which the employee is quali-
fied, which is not lower than 2 grades (or pay levels) below 
the employee's grade (or pay level), and which is within the 
employee's commuting area. 
114 STAT. 1654A-322 
PUBLIC LAW 106-398—APPENDIX 
"(B) For the purposes of paragraph (2)(A)(i), a separation for 
failure to accept a directed reassignment to a position outside 
the commuting area of the employee concerned or to accompany 
a position outside of such area pursuant to a transfer of function 
may not be considered to be a removal for cause. 
"(3) For the purposes of paragraph (1), an employee referred 
to in that paragraph is eligible for an immediate annuity under 
this paragraph if the employee satisfies all of the following condi-
tions: 
"(A) The employee is separated from the service voluntarily 
during a period in which the organization within the Depart-
ment of Defense in which the employee is serving is undergoing 
a major organizational adjustment. 
"(B) The employee has been employed continuously by the 
Department of Defense for more than 30 days before the date 
on which the head of the employee's organization requests 
the determinations required under subparagraph (A). 
"(C) The employee is serving under an appointment that 
is not limited by time. 
"(D) The employee is not in receipt of a decision notice 
of involuntary separation for misconduct or unacceptable 
performance. 
"(E) The employee is within the scope of an offer of vol-
untary early retirement, as defined on the basis of one or 
more of the following objective criteria: 
"(i) One or more organizational units, 
"(ii) One or more occupational groups, series, or levels, 
"(iii) One or more geographical locations. 
"(iv) Any other similar objective and nonpersonal cri-
teria 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 para-
graph shall be made by the Secretary of Defense. 
"(5) A determination of which employees are within the scope 
of an offer of early retirement shall be made only on the basis 
of consistent and well-documented application of the relevant cri-
teria. 
"(6) In this subsection, the term 'major organizational adjust-
ment' means any of the following: 
"(A) A major reorganization. 
"(B) A major reduction in force. 
"(C) A major transfer of function. 
"(D) A workforce restructuring— 
"(i) to meet mission needs; 
"(ii) to achieve one or more reductions in strength; 
"(iii) to correct skill imbalances; or 
"(iv) to reduce the number of high-grade, managerial, 
supervisory, or similar positions.". 
(c) CONFORMING AMENDMENTS.—(1) Section 8339(h) of such 
title is amended by striking out "or (j)" in the first sentence and 
inserting "(j), or (o)". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-323 
(2) Section 8464(a)(l)(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, dur-
ing fiscal year 2001, separation pay may be offered under the 
program carried out under this section with respect to workforce 
restructuring only to persons who, upon separation, are entitled 
to an immediate annuity under section 8336, 8412, or 8414 of 
this title and are otherwise eligible for the separation pay under 
this section. 
"(2) In the administration of the program under this section 
during fiscal year 2001, the Secretary shall ensure that not more 
than 1,000 employees are, as a result of workforce restructuring, 
separated from service in that fiscal year entitled to separation 
pay under this section. 
"(3) Separation pay may not be offered as a result of workforce 
restructuring under the program carried out under this section 
after fiscal year 2003.". 
(b) LIMITATIONS FOR FISCAL YEARS 2002 AND 2003 ON VSIP 
AND VERA.—(1) Subject to paragraph (2), the Secretary of Defense 
shall ensure that, in each of fiscal years 2002 and 2003, not more 
than 4,000 employees of the Department of Defense are, as a 
result of workforce restructuring, separated from service entitled 
to one or more of the following benefits: 
(A) Voluntary separation incentive pay under section 5597 
of title 5, United States Code. 
(B) Immediate annuity under section 8336(o) or 8414(d) 
of such title. 
(2) Notwithstanding sections 5597(e), 8336(o), and 8414(d) of 
title 5, United States Code, the Secretary of Defense may carry 
out the programs authorized in those sections during fiscal years 
2002 and 2003 with respect to workforce restructuring only to 
the extent provided in a law enacted by the One Hundred Seventh 
Congress. 
TITLE XII—MATTERS RELATING TO 
OTHER NATIONS 
SUBTITLE A—MATTERS RELATED TO ARMS CONTROL 
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 
weapons activities. 
Sec. 1202. Support of consultations on Arab and Israeli arms control and regional se-
curity issues. 
Sec. 1203. Fvu-nishing of nuclear test monitoring equipment to foreign governments. 
Sec. 1204. Additional matters for annual report on transfers of militarily sensitive 
technology to countries and entities of concern. 
SUBTITLE B—MATTERS RELATING TO THE BALKANS 
Sec. 1211. Annual report assessing effect of continued operations in the Balkans re-
gion on readiness to execute the national military strategy. 
Sec. 1212. Situation in the Balkans. 
Sec. 1213. Semiannual report on Kosovo peacekeeping. 
114 STAT. 1654A-324 
PUBLIC LAW 106-398—APPENDIX 
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 acqui-
sition and cross-servicing agreements. 
Sec. 1223. GAO study on the benefits and costs of United States military engagement 
in Europe. 
SUBTITLE D—OTHER MATTERS 
Sec. 1231. Joint data exchange center with Russian Federation on early warning sys-
tems 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 perform-
ance 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. 
Subtitle A—Matters Related to Arms 
Control 
SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES. 
(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 
2001—The total amount of the assistance for fiscal year 2001 that 
is provided by the Secretary of Defense under section 1505 of 
the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 
5859a) as activities of the Department of Defense in support of 
activities under that Act may not exceed $15,000,000. 
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Sub-
section (f) of section 1505 of the Weapons of Mass Destruction 
Control Act of 1992 (22 U.S.C. 5859a) is amended by striking 
"2000" and inserting "2001". 
SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS 
CONTROL AND REGIONAL SECURITY ISSUES. 
Of the amount authorized to be appropriated by section 301(5), 
up to $1,000,000 is available for the support of programs to promote 
formal and informal region-wide consultations among Arab, Israeli, 
and United States officials and experts on arms control and security 
issues concerning the Middle East region. 
SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT 
TO FOREIGN GOVERNMENTS. 
(a) IN GENERAL.—Chapter 152 of title 10, United States Code, 
is amended by adding at the end the following new section: 
''§2555. Nuclear test monitoring equipment: furnishing to 
foreign governments 
"(a) AUTHORITY TO CONVEY OR PROVIDE NUCLEAR TEST MON-
ITORING EQUIPMENT.—Subject to subsection (b), the Secretary of 
Defense may— 
"(1) convey or otherwise provide to a foreign government 
(A) equipment for the monitoring of nuclear test explosions, 
and (B) associated equipment; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-325 
"(2) as part of any such conveyance or provision of equip-
ment, install such equipment on foreign territory or in inter-
national waters. 
"(b) AGREEMENT REQUIRED.—Nuclear test explosion monitoring 
equipment may be conveyed or otherwise provided under subsection 
(a) only pursuant to the terms of an agreement between the United 
States and the foreign government receiving the equipment in which 
the recipient foreign government agrees— 
"(1) to provide the United States with timely access to 
the data produced, collected, or generated by the equipment; 
"(2) to permit the Secretary of Defense to take such meas-
ures as the Secretary considers necessary to inspect, test, main-
tain, repair, or replace that equipment, including access for 
purposes of such measures; and 
"(3) to return such equipment to the United States (or 
allow the United States to recover such equipment) if either 
party determines that the agreement no longer serves its 
interests. 
"(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 begin-
ning of such chapter is amended by adding at the end the following 
new item: 
"2555. Nuclear test monitoring equipment: furnishing to foreign governments.". 
SEC. 1204. ADDiriGNAL MATTERS FOR ANNUAL REPORT ON TRANS-
FERS OF MILITARILY SENSITIVE TECHNOLOGY TO COUN-
TRIES AND ENTITIES OF CONCERN. 
Section 1402(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is amended 
by adding at the end the following new paragraph: 
"(4) The status of the implementation or other disposition 
of recommendations included in reports of audits by Inspectors 
General that have been set forth in a previous annual report 
under this section pursuant to paragraph (3).". 
Subtitle B—Matters Relating to the 
Balkans 
SEC. 1211. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED OPER-
ATIONS IN THE BALKANS REGION ON READINESS TO EXE-
CUTE THE NATIONAL MILITARY STRATEGY. 
Section 1035 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 753) is amended— 
(1) in subsection (a), by striking "Not later than 180 days 
after the date of the enactment of this Act," and inserting 
114 STAT. 1654A-326 
PUBLIC LAW 106-398—APPENDIX 
"Not later than April 1 each year (but subject to subsection 
(e)),"; 
(2) in subsection (b), by striking "The report" in the matter 
preceding paragraph (1) and inserting "Each report"; 
(3) in subsection (d), by striking "the report" and inserting 
"a report"; and 
(4) by adding at the end the following new subsection: 
"(e) TERMINATION WHEN UNITED STATES MILITARY OPERATIONS 
END.—(1) No report is required under this section after United 
States military operations in the Balkans region have ended. 
"(2) After the requirement for an annual report under this 
section is terminated by operation of paragraph (1), but not later 
than the latest date on which the next annual report under this 
section would, except for paragraph (1), otherwise be due, the 
Secretary of Defense shall transmit to Congress a notification of 
the termination of the reporting requirement.". 
SEC. 1212. SITUATION IN THE BALKANS. 
(a) ESTABLISHMENT OF NATO BENCHMARKS FOR WITHDRAWAL 
OF FORCES FROM KOSOVO.—The President shall develop, not later 
than May 31, 2001, militarily significant benchmarks for conditions 
that would achieve a sustainable peace in Kosovo and ultimately 
allow for the withdrawal of the United States military presence 
in Kosovo. Congress urges the President to seek concurrence among 
member nations of the North Atlantic Treaty Organization in the 
development of those benchmarks. 
(b) COMPREHENSIVE POLITICAL-MILITARY STRATEGY.—(1) 
The 
President— 
(A) shall develop a comprehensive political-military strat-
egy 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 Presi-
dent shall take into consideration— 
(A) the benchmarks relating to Kosovo developed as 
described in subsection (a); and 
(B) the benchmarks relating to Bosnia that were detailed 
in the report accompanying the certification by the President 
to Congress on March 3, 1998 (printed as House Document 
105-223), with respect to the continued presence of United 
States Armed Forces, after June 30, 1998, in Bosnia and 
Herzegovina, submitted to Congress pursuant to section 7 of 
title I of the 1998 Supplemental Appropriations and Rescissions 
Act (Public Law 105-174; 112 Stat. 63). 
(3) That strategy and those objectives shall be developed in 
consultation with appropriate regional and international entities. 
(c) SEMIANNUAL REPORT ON BENCHMARKS.—Not later than June 
30, 2001, and every six months thereafter, the President shall 
submit to Congress a report on the progress made in achieving 
the benchmarks developed pursuant to subsection (a). The President 
may submit a single report covering these benchmarks and the 
benchmarks relating to Bosnia referred to in subsection (b)(2)(B). 
(d) SEMIANNUAL REPORT ON COMPREHENSIVE STRATEGY.—Not 
later than June 30, 2001, and every six months thereafter so 
long as United States forces are in the Balkans, the President 
shall submit to Congress a report on the progress being made 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-327 
in developing and implementing a comprehensive political-military 
strategy as described in subsection (b)(1)(A). 
SEC. 1213. SEMIANNUAL REPORT ON KOSOVO PEACEKEEPING. 
(a) REQUIREMENT FOR PERIODIC REPORT.—The President shall 
submit to the specified congressional committees a semiannual 
report on the contributions of European nations and organizations 
to the peacekeeping operations in Kosovo. The first such report 
shall be submitted not later than December 1, 2000. 
(b) CONTENT OF REPORT.—Each report shall contain detailed 
information on the following: 
(1) The commitments and pledges made by the European 
Commission, the member nations of the European Union, and 
the European member nations of the North Atlantic Treaty 
Organization for— 
(A) reconstruction assistance in Kosovo; . . 
(B) humanitarian assistance in Kosovo; 
(C) the Kosovo Consolidated Budget; 
(D) police (including special police) for the United 
Nations international police force for Kosovo; and 
(E) military personnel for peacekeeping operations in 
Kosovo. 
(2) The amount of the assistance that has been provided 
in each category, and the number of police and military person-
nel that have been deployed to Kosovo, by each organization 
or nation referred to in paragraph (1). 
(3) The full range of commitments and responsibilities that 
have been undertaken for Kosovo by the United Nations, the 
European Union, and the Organization for Security and 
Cooperation in Europe (OSCE), the progress made by those 
organizations in fulfilling those commitments and responsibil-
ities, an assessment of the tasks that remain to be accom-
plished, and an anticipated schedule for completing those tasks, 
(d) SPECIFIED CONGRESSIONAL COMMITTEES.—In the section, 
the term "specified congressional committees" means— 
(1) the Committee on Armed Services, the Committee on 
Foreign Relations, and the Committee on Appropriations of 
the Senate; and 
(2) the Committee on Armed Services, the Committee on 
International Relations, and the Committee on Appropriations 
of the House of Representatives. 
Subtitle C—North Atlantic Treaty Organi-
zation and United States Forces in Eu-
rope 
SEC. 1221. NATO FAIR BURDENSHARING. 
(a) REPORT ON COSTS OF OPERATION ALLIED FORCE.—The Sec-
retary of Defense shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House 
of Representatives a report on the costs to the United States of 
the 78-day air campaign known as Operation Allied Force conducted 
against the Federal Republic of Yugoslavia during the period from 
March 24 through June 9, 1999. The report shall include the follow-
ing: 
114 STAT. 1654A-328 
PUBLIC LAW 106-398—APPENDIX 
(1) The costs of ordnance expended, fuel consumed, and 
personnel. 
(2) The estimated cost of the reduced service life of United 
States aircraft and other systems participating in the operation. 
(b) REPORT ON BURDENSHARING OF FUTURE NATO 
OPER-
ATIONS.—^Whenever the North Atlantic Treaty Organization under-
takes a military operation, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Commit-
tee on Armed Services of the House of Representatives a report 
describing— 
(1) the contributions to that operation made by each of 
the member nations of the North Atlantic Treaty Organization 
during that operation; and 
(2) the contributions that each of the member nations of 
the North Atlantic Treaty Organization are making or have 
pledged to make during any follow-on operation. 
(c) TIME FOR SUBMISSION OF REPORT.—A report under sub-
section (b) shall be submitted not later than 90 days after the 
completion of the military operation. 
(d) APPLICABILITY.—Subsection (b) shall apply only with respect 
to military operations begun after the date of the enactment of 
this Act. 
SEC. 1222. REPEAL OF RESTRICTION PREVENTING COOPERATIVE AIR-
LIFT SUPPORT THROUGH ACQUISITION AND CROSS-
SERVICING AGREEMENTS. 
Section 2350c of title 10, United States Code, is amended— 
(1) by striking subsection (d); and 
(2) by redesignating subsection (e) as subsection (d). 
SEC. 1223. GAO STUDY ON THE BENEFITS AND COSTS OF UNITED 
STATES MILITARY ENGAGEMENT IN EUROPE. 
(a) COMPTROLLER GENERAL STUDY.—The Comptroller General 
shall conduct a study assessing the benefits and costs to the United 
States and United States national security interests of the engage-
ment of United States forces in Europe and of United States military 
strategies used to shape the international security environment 
in Europe. 
(b) MATTERS TO B E INCLUDED.—The study shall include an 
assessment of the following matters: 
(1) The benefits and costs to the United States of having 
forces stationed in Europe and assigned to areas of regional 
conflict such as Bosnia and Kosovo. 
(2) The benefits and costs associated with stationing United 
States forces in Europe and with assigning those forces to 
areas of regional conflict, including an analysis of the benefits 
and costs of deploying United States forces with the forces 
of European allies. 
(3) The amount and type of the following kinds of contribu-
tions to European security made by European allies in 1999 
and 2000: 
(A) Financial contributions. 
(B) Contributions of military personnel and units. 
(C) Contributions of nonmilitary personnel, such as 
medical personnel, police officers, judicial officers, and other 
civic officials. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-329 
(D) Contributions, including contributions in kind, for 
humanitarian and reconstruction assistance and infrastruc-
ture building or activities that contribute to regional stabil-
ity, whether in lieu of or in addition to military-related 
contributions. 
(4) The extent to which a forward United States military 
presence compensates for existing shortfalls of air and sea 
lift capability in the event of regional conflict in Europe or 
the Middle East. 
(c) REPORT.—The Comptroller General shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives 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 FEDERA-
TION ON EARLY WARNING SYSTEMS AND NOTIFICATION 
OF BALLISTIC MISSILE LAUNCHES. 
(a) AUTHORITY.—The Secretary of Defense is authorized to 
establish, in conjunction with the Government of the Russian Fed-
eration, a United States-Russian Federation joint center for the 
exchange of data from systems to provide early warning of launches 
of ballistic missiles and for notification of launches of such missiles. 
(b) SPECIFIC ACTIONS.—The actions that the Secretary under-
takes for the establishment of the center may include— 
(1) subject to subsection (d), participating in the renovation 
of a mutually agreed upon facility to be made available by 
the Russian Federation; and 
(2) the furnishing of such equipment and supplies as may 
be necessary to begin the operation of the center. 
(c) REPORT REQUIRED.—(1) Not later than 30 days after the 
date of the enactment of this Act, the Secretary shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report on 
plans for the joint data exchange center. 
(2) The report shall include the following: 
(A) A detailed explanation as to why the particular facility 
intended to house the center was chosen. 
(B) An estimate of the total cost of renovating that facility 
for use by the center. 
(C) A description of the manner by which the United States 
proposes to meet its share of the costs of such renovation. 
(d) LIMITATION.—(1) The Secretary of Defense may participate 
under subsection (b) in the renovation of the facility identified 
in the report under subsection (c) only if the United States and 
the Russian Federation enter into a cost-sharing arrangement that 
provides for an equal sharing between the two nations of the cost 
of establishing the center, including the costs of renovating and 
operating the facility. 
(2) Not more than $4,000,000 of funds appropriated for fiscal 
year 2001 may be obligated or expended after the date of the 
enactment of this Act by the Secretary of Defense for the renovation 
of such facility until 30 days after the date on which the Secretary 
submits to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
114 STAT. 1654A-330 
PUBLIC LAW 106-398—APPENDIX 
a copy of a written agreement between the United States and 
the Russian Federation that provides details of the cost-sharing 
arrangement specified in paragraph (1), in accordance with the 
Memorandum of Agreement between the two nations signed in 
Moscow in June 2000. 
SEC. 1232. REPORT ON SHARING AND EXCHANGE OF BALLISTIC MIS-
SILE LAUNCH EARLY WARNING DATA. 
Not later than March 15, 2001, the Secretary of Defense shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a report on current and planned activities of the Department of 
Defense with respect to the sharing and exchange with other coun-
tries of early warning data concerning ballistic missile launches. 
The report shall include the Secretary's assessment of the benefits 
and risks of sharing such data with other countries on a bilateral 
or multilateral basis. 
SEC. 1233. ANNUAL REPORT OF COMMUNIST CHINESE MILITARY 
COMPANIES OPERATING IN THE UNITED STATES. 
Section 1237(b) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) is 
amended— 
(1) by striking "PUBLICATION" in the subsection heading 
and inserting "REPORTING"; and 
(2) by striking paragraphs (1) and (2) and inserting the 
following: 
"(1) INITIAL DETERMINATION AND REPORTING.—Not later 
than March 1, 2001, the Secretary of Defense shall make a 
determination of those persons operating directly or indirectly 
in the United States or any of its territories and possessions 
that are Communist Chinese military companies and shall sub-
mit a list of those persons in classified and unclassified form 
to the following: 
"(A) The Committee on Armed Services of the House 
of Representatives. 
"(B) The Committee on Armed Services of the Senate. 
"(C) The Secretary of State. 
"(D) The Secretary of the Treasury. 
"(E) The Attorney General. 
"(F) The Secretary of Commerce. 
"(G) The Secretary of Energy. 
"(H) The Director of Central Intelligence. 
"(2) ANNUAL REVISIONS TO THE LIST.—The Secretary of 
Defense shall make additions or deletions to the list submitted 
under paragraph (1) on an annual basis based on the latest 
information available and shall submit the updated list not 
later than February 1, each year to the committees and officers 
specified in paragraph (1).". 
SEC. 1234. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORM-
ANCE LEVELS OF HIGH PERFORMANCE COMPUTERS. 
(a) LAYOVER PERIOD FOR NEW PERFORMANCE LEVELS.—Section 
1211 of the National Defense Authorization Act for Fiscal Year 
1998 (50 U.S.C. App. 2404 note) is amended— 
(1) in the second sentence of subsection (d), by striking 
"180" and inserting "60"; and 
(2) by adding at the end the following new subsection: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-331 
"(h) CALCULATION OF 60-DAY PERIOD.—The 60-day period 
referred to in subsection (d) shall be calculated by excluding the 
days on which either House of Congress is not in session because 
of an adjournment of the Congress sine die.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply to any new composite theoretical performance level 
established for purposes of section 1211(a) of the National Defense 
Authorization Act for Fiscal Year 1998 that is submitted by the 
President pursuant to section 1211(d) of that Act on or after the 
date of the enactment of this Act. 
SEC. 1235. mCREASED AUTHORITY TO PROVTOE HEALTH CARE SERV-
ICES AS HUMANITARIAN AND CIVIC ASSISTANCE. 
Section 401(e)(1) of title 10, United States Code, is amended 
by striking "rural areas of a country" and inserting "areas of a 
country that are rural or are underserved by medical, dental, and 
veterinary professionals, respectively". 
SEC. 1236. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN 
AS SOLDIERS. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In the year 2000, approximately 300,000 individuals 
under the age of 18 are participating in armed conflict in 
more than 30 countries worldwide. 
(2) Many children participating in armed conflict in various 
countries around the world are forcibly conscripted through 
kidnapping or coercion, while others join military units due 
to economic necessity, to avenge the loss of a family member, 
or for their own personal safety. 
(3) Many military commanders frequently force child sol-
diers to commit gruesome acts of ritual killings or torture 
against their enemies, including against other children. 
(4) Many military commanders separate children from their 
families in order to foster dependence on military units and 
leaders, leaving children vulnerable to manipulation, deep 
traumatization, and in need of psychological counseling and 
rehabilitation. 
(5) Child soldiers are exposed to hazardous conditions and 
risk physical injuries, sexually transmitted diseases, malnutri-
tion, deformed backs and shoulders from carrying overweight 
loads, and respiratory and skin infections. 
(6) Many young female soldiers face the additional psycho-
logical and physical horrors of rape and sexual abuse, being 
enslaved for sexual purposes by militia commanders, and forced 
to endure severe social stigma should they return home. 
(7) Children in northern Uganda continue to be kidnapped 
by the Lords Resistance Army (LRA), which is supported and 
funded by the Government of Sudan and which has committed 
and continues to commit gross human rights violations in 
Uganda. 
(8) Children in Sri Lanka have been forcibly recruited 
by the opposition Tamil Tigers movement and forced to kill 
or be killed in the armed conflict in that country. 
(9) An estimated 7,000 child soldiers have been involved 
in the conflict in Sierra Leone, some as young as age 10, 
with many being forced to commit extrajudicial executions, 
torture, rape, and amputations for the rebel Revolutionary 
United Front. 
114 STAT. 1654A-332 
PUBLIC LAW 106-398—APPENDIX 
(10) On January 21, 2000, in Geneva, a United Nations 
Working Group, including representatives from more than 80 
governments including the United States, reached consensus 
on an international agreement, referred to in this case as 
an "optional protocol", on the use of child soldiers. 
(11) This optional protocol, upon entry into force, will— 
(A) raise the international minimum age for conscrip-
tion and will require governments to take all feasible meas-
ures to ensure that members of their armed forces under 
age 18 do not participate directly in combat; 
(B) prohibit the recruitment and use in armed conflict 
of persons under the age of 18 by nongovernmental armed 
* 
forces; 
(C) encourage governments to raise the minimum legal 
age for voluntary recruits above the current standard of 
15; and 
(D) commit governments to support the demobilization 
and rehabilitation of child soldiers and, when possible, 
to allocate resources to this purpose. 
(12) On October 29, 1998, United Nations Secretary Gen-
eral Kofi Annan set minimum age requirements for United 
Nations peacekeeping personnel that are made available by 
member nations of the United Nations. 
(13) The United Nations Under-Secretary General for 
Peace-keeping, Bernard Miyet, announced in the Fourth 
Committee of the General Assembly that contributing govern-
ments of member nations were asked not to send civilian police 
and military observers under the age of 25 and that troops 
in national contingents should preferably be at least 21 years 
of age but in no case should they be younger than 18 years 
of age. 
(14) On August 25, 1999, the United Nations Security 
Council unanimously passed Resolution 1261 (1999) condemn-
ing the use of children in armed conflicts. 
(15) In addressing the Security Council on August 26, 
1999, the Special Representative of the Secretary General for 
Children and Armed Conflict, Olara Otunnu, urged the adoption 
of a global three-pronged approach to combatting the use of 
children in armed conflict that would— 
(A) first, raise the age limit for recruitment and partici-
pation in armed conflict from the present age of 15 to 
the age of 18; 
(B) second, increase international pressure on armed 
groups which currently abuse children; and 
(C) third, address the political, social, and economic 
factors that create an environment in which children are 
induced by appeal of ideology or by socio-economic collapse 
to become child soldiers. 
(16) The United States delegation to the United Nations 
working group relating to child soldiers, which included rep-
resentatives from the Department of Defense, supported the 
Geneva agreement on the optional protocol. 
(17) On May 25, 2000, the United Nations General Assem-
bly unanimously adopted the optional protocol on the use of 
child soldiers. 
(18) The optional protocol was opened for signature on 
June 5, 2000. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-333 
(19) The President signed the optional protocol on behalf 
of the United States on July 5, 2000. 
(b) CONGRESSIONAL STATEMENTS ON CHILD SOLDIERS.—Con-
gress joins the international community in— 
(1) condemning the use of children as soldiers by govern-
mental and nongovernmental armed forces worldwide; and 
(2) welcoming the optional protocol on the use of child 
soldiers adopted by the United Nations General Assembly on 
May 25, 2000, as a critical first step in ending the use of 
children as soldiers. 
(c) SENSE OF CONGRESS ON FURTHER ACTIONS.—It is the sense 
of Congress that— 
(1) it is essential that the President consult closely with 
the Senate with the objective of building support for ratification 
by the United States of the optional protocol and that the 
Senate move forward as expeditiously as possible; 
(2) the United States should provide assistance, through 
a new fund to be established by law, for the rehabilitation 
and reintegration into their respective civilian societies of child 
soldiers of other nations; and 
(3) the President, acting through the Secretaries of State 
and Defense and other appropriate officials, should undertake 
all possible efforts to persuade and encourage other govern-
ments to ratify and endorse the optional protocol on the use 
of child soldiers. 
SEC. 1237. SENSE OF CONGRESS REGARDING UNDERSEA RESCUE AND 
RECOVERY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The tragic loss in August 2000 of the Russian submarine 
Kursk resulted in the death of all 118 members of the sub-
marine's crew. 
(2) The Kursk is the third vessel of the submarine fleet 
of the Russian Federation and its predecessor, the Union of 
Soviet Socialist Republics, to be lost in an accident at sea 
with considerable loss of life of the officers and crews of those 
submarines. 
(3) The United States submarines USS Thresher and USS 
Scorpion, with their officers and crews, were also lost at sea 
in tragic accidents, in 1963 and 1968, respectively. 
(4) The United States, the Russian Federation, and other 
maritime nations possess extensive capabilities consisting of 
naval and research vessels and other assets that could be 
used to respond to accidents or incidents involving submarines 
or other undersea vessels. 
(5) The United States Navy has rescue agreements with 
the navies of 14 countries from Europe, the Western Pacific, 
and the Americas, but not including the Russian Federation, 
and exercises regularly to train crews and practice submarine 
rescue procedures with the navies of participating nations. 
(b) EXPRESSION OF SYMPATHY.—Congress expresses its S5an-
pathy and the sympathy of the American people to the people 
of the Russian Federation and joins the Russian people in mourning 
the death of the crewmen of the submarine Kursk. 
(c) SENSE OF CONGRESS CONCERNING INTERNATIONAL COOPERA-
TION.—It is the sense of Congress that when undersea accidents 
or incidents involving submarines or other undersea vessels occur. 
114 STAT. 1654A-334 
PUBLIC LAW 106-398—APPENDIX 
it is in the best interests of all nations to work together to respond 
promptly to the accident or incident, rescue and recover the crew 
of the vessel, minimize the loss of life, and prevent damage to 
the oceans. 
(d) ESTABLISHMENT OF PLAN FOR RESPONDING TO UNDERSEA 
ACCIDENTS OR INCIDENTS.—Congress urges the President of the 
United States and the President of the Russian Federation, in 
coordination with the leaders of other maritime nations that possess 
undersea naval and research vessels and undersea rescue capabili-
ties, to cooperate in establishing a plan for— 
(1) responding to accidents or incidents involving sub-
marines or other undersea vessels; and 
(2) rescue and recovery of the crew of the vessels involved 
in such accidents or incidents. 
SEC. 1238. UNITED STATES-CHINA SECURITY REVIEW COMMISSION. 
(a) PURPOSES.—The purposes of this section are as follows: 
(1) To establish the United States-China Security Review 
Commission to review the national security implications of 
trade and economic ties between the United States and the 
People's Republic of China. 
(2) To facilitate the assumption by the United States-China 
Security Review Commission of its duties regarding the review 
referred to in paragraph (1) by providing for the transfer to 
that Commission of staff, materials, and infrastructure (includ-
ing leased premises) of the Trade Deficit Review Commission 
that are appropriate for the review upon the submittal of the 
final report of the Trade Deficit Review Commission. 
(b) ESTABLISHMENT OF UNITED STATES-CHINA SECURITY REVIEW 
COMMISSION.— 
(1) IN GENERAL.—^There is hereby established a commission 
to be known as the United States-China Security Review 
Commission (in this section referred to as the "Commission"). 
(2) PURPOSE.—^The purpose of the Commission is to mon-
itor, investigate, and report to Congress on the national security 
implications of the bilateral trade and economic relationship 
between the United States and the People's Republic of China. 
(3) MEMBERSHIP.—The Commission shall be composed of 
12 members, who shall be appointed in the same manner 
provided for the appointment of members of the Trade Deficit 
Review Commission under section 127(c)(3) of the Trade Deficit 
Review Commission Act (19 U.S.C. 2213 note), except that— 
(A) appointment of members by the Speaker of the 
House of Representatives shall be made after consultation 
with the chairman of the Committee on Armed Services 
of the House of Representatives, in addition to consultation 
with the chairman of the Committee on Ways and Means 
of the House of Representatives provided for under clause 
(iii) of subparagraph (A) of that section; 
(B) appointment of members by the President pro tem-
pore of the Senate upon the recommendation of the majority 
leader of the Senate shall be made after consultation with 
the chairman of the Committee on Armed Services of the 
Senate, in addition to consultation with the chairman of 
the Committee on Finance of the Senate provided for under 
clause (i) of that subparagraph; 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-335 
(C) appointment of members by the President pro tem-
pore of the Senate upon the recommendation of the minor-
ity leader of the Senate shall be made after consultation 
with the ranking minority member of the Committee on 
Armed Services of the Senate, in addition to consultation 
with the ranking minority member of the Committee on 
Finance of the Senate provided for under clause (ii) of 
that subparagraph; 
(D) appointment of members by the minority leader 
of the House of Representatives shall be made after con-
sultation with the ranking minority member of the Commit-
tee on Armed Services of the House of Representatives, 
in addition to consultation with the ranking minority mem-
ber of the Committee on Ways and Means of the House 
of Representatives provided for under clause (iv) of that 
subparagraph; 
(E) persons appointed to the Commission shall have 
expertise in national security matters and United States-
China relations, in addition to the expertise provided for 
under subparagraph (B)(i)(I) of that section; 
(F) members shall be appointed to the Commission 
not later than 30 days after the date on which each new 
Congress convenes; 
(G) members of the Commission may be reappointed 
for additional terms of service as members of the Commis-
sion; and 
(H) members of the Trade Deficit Review Commission 
as of the date of the enactment of this Act shall serve 
as members of the Commission until such time as members 
are first appointed to the Commission under this para-
graph. 
(4) RETENTION OF SUPPORT.—The Commission shall retain 
and make use of such staff, materials, and infrastructure 
(including leased premises) of the Trade Deficit Review 
Commission as the Commission determines, in the judgment 
of the members of the Commission, are required to facilitate 
the ready commencement of activities of the Commission under 
subsection (c) or to carry out such activities after the commence-
ment of such activities. 
(5) CHAIRMAN AND VICE CHAIRMAN.—The members of the 
Commission shall select a Chairman and Vice Chairman of 
the Commission from among the members of the Commission. 
(6) MEETINGS.— 
(A) MEETINGS.—The Commission shall meet at the call 
of the Chairman of the Commission. 
(B) QUORUM.—^A majority of the members of the 
Commission shall constitute a quorum for the transaction 
of business of the Commission. 
(7) VOTING.—Each member of the Commission shall be 
entitled to one vote, which shall be equal to the vote of every 
other member of the Commission. 
(c) DUTIES.— 
(1) ANNUAL REPORT.—Not later than March 1 each year 
(beginning in 2002), the Commission shall submit to Congress 
a report, in both unclassified and classified form, regarding 
the national security implications and impact of the bilateral 
trade and economic relationship between the United States 
114 STAT. 1654A-336 
PUBLIC LAW 106-398—APPENDIX 
and the People's Republic of China. The report shall include 
a full analysis, along with conclusions and recommendations 
for legislative and administrative actions, if any, of the national 
security implications for the United States of the trade and 
current balances with the People's Republic of China in goods 
and services, financial transactions, and technology transfers. 
The Commission shall also take into account patterns of trade 
and transfers through third countries to the extent practicable. 
(2) CONTENTS OF REPORT.—Each report under paragraph 
(1) shall include, at a minimum, a full discussion of the follow-
ing: 
(A) The portion of trade in goods and services with 
the United States that the People's Republic of China dedi-
cates to military systems or systems of a dual nature 
that could be used for military purposes. 
(B) The acquisition by the People's Republic of China 
of advanced military or dual-use technologies from the 
United States by trade (including procurement) and other 
technology transfers, especially those transfers, if any, that 
contribute to the proliferation of weapons of mass destruc-
tion or their delivery systems, or that undermine inter-
national agreements or United States laws with respect 
to nonproliferation. 
(C) Any transfers, other than those identified under 
subparagraph (B), to the military systems of the People's 
Republic of China made by United States firms and United 
States-based multinational corporations. 
(D) An analysis of the statements and writing of the 
People's Republic of China officials and officially-sanctioned 
writings that bear on the intentions, if any, of the Govern-
ment of the People's Republic of China regarding the pur-
suit of military competition with, and leverage over, or 
cooperation with, the United States and the Asian allies 
of the United States. 
(E) The military actions taken by the Government 
of the People's Republic of China during the preceding 
year that bear on the national security of the United States 
and the regional stability of the Asian allies of the United 
States. 
(F) The effects, if any, on the national security interests 
of the United States of the use by the People's Republic 
of China of financial transactions and capital flow and 
currency manipulations. 
(G) Any action taken by the Government of the People's 
Republic of China in the context of the World Trade 
Organization that is adverse or favorable to the United 
States national security interests. 
(H) Patterns of trade and investment between the Peo-
ple's Republic of China and its major trading partners, 
other than the United States, that appear to be sub-
stantively different from trade and investment patterns 
with the United States and whether the differences have 
any national security implications for the United States. 
(I) The extent to which the trade surplus of the People's 
Republic of China with the United States enhances the 
military budget of the People's Republic of China. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-337 
(J) An overall assessment of the state of the security 
challenges presented by the People's Republic of China 
to the United States and whether the security challenges 
are increasing or decreasing from previous years. 
(3) RECOMMENDATIONS OF REPORT.—Each report under 
paragraph (1) shall also include recommendations for action 
by Congress or the President, or both, including specific rec-
ommendations for the United States to invoke Article XXI 
(relating to security exceptions) of the General Agreement on 
Tariffs and Trade 1994 with respect to the People's Republic 
of China, as a result of any adverse impact on the national 
security interests of the United States. 
(d) HEARINGS.— 
(1) IN GENERAL.—The Commission or, at its direction, any 
panel or member of the Commission, may for the purpose 
of carrying out the provisions of this section, hold hearings, 
sit and act at times and places, take testimony, receive evi-
dence, and administer oaths to the extent that the Commission 
or any panel or member considers advisable. 
(2) INFORMATION.—The Commission may secure directly 
from the Department of Defense, the Central Intelligence 
Agency, and any other Federal department or agency informa-
tion that the Commission considers necessary to enable the 
Commission to carry out its duties under this section, except 
the provision of intelligence information to the Commission 
shall be made with due regard for the protection from unauthor-
ized disclosure of classified information relating to sensitive 
intelligence sources and methods or other exceptionally sen-
sitive matters, under procedures approved by the Director of 
Central Intelligence. 
(3) SECURITY.—The Office of Senate Security shall— 
(A) provide classified storage and meeting and hearing 
spaces, when necessary, for the Commission; and 
(B) assist members and staff of the Commission in 
obtaining security clearances. 
(4) SECURITY CLEARANCES.—^All members of the Commis-
sion and appropriate staff shall be sworn and hold appropriate 
security clearances. 
(e) COMMISSION PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—Members of the Commis-
sion shall be compensated in the same manner provided for 
the compensation of members of the Trade Deficit Review 
Commission under section 127(g)(1) and section 127(g)(6) of 
the Trade Deficit Review Commission Act (19 U.S.C. 2213 
note). 
(2) TRAVEL EXPENSES.—Travel expenses of the Commission 
shall be allowed in the same manner provided for the allowance 
of the travel expenses of the Trade Deficit Review Commission 
under section 127(g)(2) of the Trade Deficit Review Commission 
Act. 
(3) STAFF.—^An executive director and other additional 
personnel for the Commission shall be appointed, compensated, 
and terminated in the same manner provided for the appoint-
ment, compensation, and termination of the executive director 
and other personnel of the Trade Deficit Review Commission 
under section 127(g)(3) and section 127(g)(6) of the Trade Deficit 
Review Commission Act. 
. . . . 
114 STAT. 1654A-338 
PUBLIC LAW 106-398—APPENDIX 
(4) DETAIL OF GOVERNMENT EMPLOYEES.—Federal Govern-
ment employees may be detailed to the Commission in the 
same manner provided for the detail of Federal Government 
employees to the Trade Deficit Review Commission under sec-
tion 127(g)(4) of the Trade Deficit Review Commission Act. 
(5) FOREIGN TRAVEL FOR OFFICIAL PURPOSES.—Foreign 
travel for official purposes by members and staff of the Commis-
sion may be authorized by either the Chairman or the Vice 
Chairman of the Commission. 
(6) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The Chairman of the Commission may procure tem-
porary and intermittent services for the Commission in the 
same manner provided for the procurement of temporary and 
intermittent services for the Trade Deficit Review Commission 
under section 127(g)(5) of the Trade Deficit Review Commission 
Act. 
(f) AUTHORIZATION OF APPROPRLVTIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the Commission for fiscal year 2001, and for each fiscal 
year thereafter, such sums as may be necessary to enable 
the Commission to carry out its functions under this section. 
(2) AVAILABILITY.—^Amounts appropriated to the Commis-
sion shall remain available until expended. 
(g) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission. 
(h) EFFECTIVE DATE.—This section shall take effect on the 
first day of the 107th Congress. 
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
Sec. 1303. Prohibition on use of funds for elimination of conventional weapons. 
Sec. 1304. Limitations on use of funds for fissile material storage facility. 
Sec. 1305. Limitation on use of funds to support warhead dismantlement processing. 
Sec. 1306. Agreement on nuclear weapons storage sites. 
Sec. 1307. Limitation on use of funds for construction of fossil fuel energy plants; re-
port. 
Sec. 1308. Reports on activities and assistance under Cooperative Threat Reduction 
programs. 
Sec. 1309. Russian chemical weapons elimination. 
Sec. 1310. Limitation on use of funds for elimination of weapons grade plutonium 
program. 
Sec. 1311. Report on audits of Cooperative Threat Reduction programs. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF C T R PROGRAMS.—For purposes of section 
301 and other provisions of this Act, Cooperative Threat Reduction 
programs are the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 (Public 
Law 104^201; 110 Stat. 2731; 50 U.S.C. 2362 note). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-339 
(b) FISCAL YEAR 2001 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—^As used in this title, the term "fiscal year 2001 Coopera-
tive Threat Reduction funds" means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
three fiscal years. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $443,400,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2001 in section 301(23) for Cooperative Threat Reduction 
programs, not more than the following amounts may be obligated 
for the purposes specified: 
(1) For strategic offensive arms elimination in Russia, 
$177,800,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$29,100,000. 
(3) For activities to support warhead 
dismantlement 
processing in Russia, $9,300,000. 
(4) For weapons 
transportation 
security in Russia, 
$14,000,000. 
(5) For planning, design, and construction of a storage 
facility for Russian fissile material, $57,400,000. 
(6) For weapons storage security in Russia, $89,700,000. 
(7) For development of a cooperative program with the 
Government of Russia to eliminate the production of weapons 
grade plutonium at Russian reactors, $32,100,000. 
(8) For biological weapons proliferation prevention activi-
ties in the former Soviet Union, $12,000,000. 
(9) For activities designated as Other Assessments/ 
Administrative Support, $13,000,000. 
(10) For defense and military contacts, $9,000,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2001 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (1()) of subsection (a) 
until 30 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2001 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 
Subject to paragraphs (2) and (3), in any case in which the Secretary 
of Defense determines that it is necessary to do so in the national 
interest, the Secretary may obligate amounts appropriated for fiscal 
year 2001 for a purpose listed in any of the paragraphs in subsection 
(a) in excess of the amount specifically authorized for such purpose. 
(2) An obligation of funds for a purpose stated in any of the 
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided 
in paragraph (1) only after— 
114 STAT. 1654A-340 
PUBLIC LAW 106-398—APPENDIX 
(A) the Secretary submits to Congress notification of the 
intent to do so together with a complete discussion of the 
justification for doing so; and 
(B) 15 days have elapsed following the date of the notifica-
tion. 
(3) The Secretary may not, under the authority provided in 
paragraph (1), obligate amounts for the purposes stated in any 
of paragraph (4), (5), (7), (9), or (10) of subsection (a) in excess 
of 115 percent of the amount specifically authorized for such pur-
poses. 
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF 
CONVENTIONAL WEAPONS. 
No fiscal year 2001 Cooperative Threat Reduction funds, and 
no funds appropriated for Cooperative Threat Reduction programs 
for any other fiscal year, may be obligated or expended for elimi-
nation of conventional weapons or the delivery vehicles primarily 
intended to deliver such weapons. 
SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL 
STORAGE FACILITY. 
(a) LIMITATIONS.—^No fiscal year 2001 Cooperative Threat 
Reduction funds may be used— 
(1) for construction of a second wing for the storage facility 
for Russian fissile material referred to in section 1302(a)(5); 
or 
(2) for design or planning with respect to such facility 
until 15 days after the date that the Secretary of Defense 
submits to Congress notification that Russia and the United 
States have signed a written transparency agreement that pro-
vides for verification that material stored at the facility is 
of weapons origin. 
(b) ESTABLISHMENT OF FUNDING CAP FOR FIRST WING OF STOR-
AGE FACILITY.—Out of funds authorized to be appropriated for 
Cooperative Threat Reduction programs for fiscal year 2001 or 
any other fiscal year, not more than $412,600,000 m^ay be used 
for planning, design, or construction of the first wing for the storage 
facility for Russian fissile material referred to in section 1302(a)(5). 
SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD 
DISMANTLEMENT PROCESSING. 
No fiscal year 2001 Cooperative Threat Reduction funds may 
be used for activities to support warhead dismantlement processing 
in Russia until 15 days after the date that the Secretary of Defense 
submits to Congress notification that the United States has reached 
an agreement with Russia, which shall provide for appropriate 
transparency measures, regarding assisteuice by the United States 
with respect to such processing. 
SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES. 
The Secretary of Defense shall seek to enter into an agreement 
with Russia regarding procedures to allow the United States appro-
priate access to nuclear weapons storage sites for which assistance 
under Cooperative Threat Reduction programs is provided. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-341 
SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF 
FOSSIL FUEL ENERGY PLANTS; REPORT. 
(a) IN GENERAL.—No fiscal year 2001 Cooperative Threat 
Reduction funds may be used for the construction of a fossil fuel 
energy plant intended to provide power to local communities that 
already receive power from nuclear energy plants that produce 
plutonium. 
(b) REPORT.—^Not later than 60 days after the date of the 
enactment of this Act, the President shall submit to Congress 
a report detailing options for assisting Russia in the development 
of alternative energy sources to the three plutonium production 
reactors remaining in operation in Russia. The report shall 
include— 
(1) an assessment of the costs of building fossil fuel plants 
in Russia to replace the existing plutonium production reactors; 
and 
(2) an identification of funding sources, other than Coopera-
tive Threat Reduction funds, that could possibly be used for 
the construction of such plants in the event that the option 
to use fossil fuel energy is chosen as part of a plan to shut 
down Russia's nuclear plutonium production reactors at Seversk 
and Zelenogorsk. 
SEC. 1308. REPORTS 
ON ACTIVITIES 
AND ASSISTANCE 
UNDER 
COOPERATIVE THREAT REDUCTION PROGRAMS. 
(a) ANNUAL REPORT.—In any year in which the budget of the 
President under section 1105 of title 31, United States Code, for 
the fiscal year beginning in such year requests funds for the Depart-
ment of Defense for assistance or activities under Cooperative 
Threat Reduction programs with the states of the former Soviet 
Union, the Secretary of Defense shall submit to Congress a report 
on activities and assistance during the preceding fiscal year under 
Cooperative Threat Reduction programs setting forth the matters 
in subsection (c). 
(b) DEADLINE FOR REPORT.—^The report under subsection (a) 
shall be submitted not later than the first Monday in February 
of a year. 
(c) MATTERS TO BE INCLUDED.—The report under subsection 
(a) in a year shall set forth the following: 
(1) An estimate of the total amount that will be required 
to be expended by the United States in order to achieve the 
objectives of the Cooperative Threat Reduction programs. 
(2) A five-year plan setting forth the amount of funds 
and other resources proposed to be provided by the United 
States for Cooperative Threat Reduction programs over the 
term of the plan, including the purpose for which such funds 
and resources will be used, and to provide guidance for the 
preparation of annual budget submissions with respect to 
Cooperative Threat Reduction programs. 
(3) A description of the Cooperative Threat Reduction 
activities carried out during the fiscal year ending in the year 
preceding the year of the report, including— 
(A) the amounts notified, obligated, and expended for 
such activities and the purposes for which such amounts 
were notified, obligated, and expended for such fiscal year 
and cumulatively for Cooperative Threat Reduction pro-
grams; 
114 STAT. 1654A-342 
PUBLIC LAW 106-398—APPENDIX 
(B) a description of the participation, if any, of each 
department and agency of the United States Government 
in such activities; 
(C) a description of such activities, including the forms 
of assistance provided; 
(D) a description of the United States private sector 
participation in the portion of such activities that were 
supported by the obUgation and expenditure of funds for 
Cooperative Threat Reduction programs; and 
(E) such other information as the Secretary of Defense 
considers appropriate to inform Congress fully of the oper-
ation of Cooperative Threat Reduction programs and activi-
ties, including with respect to proposed demilitarization 
or conversion projects, information on the progress toward 
demilitarization of facilities and the conversion of the 
demilitarized facilities to civilian activities. 
(4) A description of the audits, examinations, and other 
efforts, such as on-site inspections, conducted by the United 
States during the fiscal year ending in the year preceding 
the year of the report to ensure that assistance provided under 
Cooperative Threat Reduction programs is fully accounted for 
and that such assistance is being used for its intended purpose, 
including— 
(A) if such assistance consisted of equipment, a descrip-
tion of the current location of such equipment and the 
current condition of such equipment; 
(B) if such assistance consisted of contracts or other 
services, a description of the status of such contracts or 
services and the methods used to ensure that such contracts 
and services are being used for their intended purpose; 
(C) a determination whether the assistance described 
in subparagraphs (A) and (B) has been used for its intended 
purpose; and 
(D) a description of the audits, examinations, and other 
efforts planned to be carried out during the fiscal year 
beginning in the year of the report to ensure that Coopera-
tive Threat Reduction assistance provided during such fis-
cal year is fully accounted for and is used for its intended 
purpose. 
(5) A current description of the tactical nuclear weapons 
arsenal of Russia, including— 
(A) an estimate of the current types, numbers, yields, 
viability, locations, and deployment status of the nuclear 
warheads in that arsenal; 
(B) an assessment of the strategic relevance of such 
warheads; 
(C) an assessment of the current and projected threat 
of theft, sale, or unauthorized use of such warheads; and 
(D) a summary of past, current, and planned United 
States efforts to work cooperatively with Russia to account 
for, secure, and reduce Russia's stockpile of tactical nuclear 
warheads and associated fissile materials. 
(d) INPUT OF DCI.—The Director of Central Intelligence shall 
submit to the Secretary of Defense the views of the Director on 
any matters covered by subsection (c)(5) in a report under subsection 
(a). Such views shall be included in such report as a classified 
annex to such report. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-343 
(e) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90 
days after the date on which a report is submitted to Congress 
under subsection (a), the Comptroller General shall submit to Con-
gress a report setting forth the Comptroller General's assessment 
of the information described in paragraphs (2) and (4) of subsection 
(c). 
(f) FIRST REPORT.—The first report submitted under subsection 
(a) shall be submitted in 2001. 
(g) REPEAL OF SUPERSEDED REPORTING REQUIREMENTS.—(1) 
The following provisions of law are repealed: 
(A) Section 1207 of the Cooperative Threat Reduction Act 
of 1994 (title XII of Public Law 103-160; 107 Stat. 1782; 22 
U.S.C. 5956), relating to semiannual reports on Cooperative 
Threat Reduction. 
(B) Section 1203 of the National Defense Authorization 
Act for Fiscal Year 1995 (Pubhc Law 103-337; 108 Stat. 2882), 
relating to a report accounting for United States assistance 
for Cooperative Threat Reduction. 
(C) Section 1206 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 22 U.S.C. 5955 
note), relating to accounting for United States assistance for 
Cooperative Threat Reduction. 
(D) Section 1307 of the National Defense Authorization 
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 795), 
relating to a limitation on use of funds for Cooperative Threat 
Reduction pending submittal of a multiyear plan. 
(2) Effective on the date the Secretary of Defense submits 
to Congress an updated version of the multiyear plan for fiscal 
year 2001 as described in subsection (h), section 1205 of the 
National Defense Authorization Act for Fiscal Year 1995 (108 Stat. 
2883; 10 U.S.C. 5952 note), relating to multiyear planning and 
Allied support for Cooperative Threat Reduction, is repealed. 
(3) Section 1312 of the National Defense Authorization Act 
for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note), relating 
to Russian nonstrategic nuclear arms, is amended— 
(A) by striking "(a) SENSE OF CONGRESS.—"; and 
(B) by striking subsections (b) and (c). 
(h) 
LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 
MULTIYEAR PLAN.—Not more than 10 percent of fiscal year 2001 
Cooperative Threat Reduction funds may be obligated or expended 
until the Secretary of Defense submits to Congress an updated 
version of the multiyear plan for fiscal year 2001 required to be 
submitted under section 1205 of the National Defense Authorization 
Act for Fiscal Year 1995 (Public Law 103-337; 22 U.S.C. 5952 
note). 
(i) REPORT ON RUSSIAN NONSTRATEGIC NUCLEAR ARMS.—Not 
later than 30 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a report on 
the following regarding Russia's arsenal of tactical nuclear war-
heads: 
(1) Estimates regarding current t3T)es, numbers, yields, 
viability, locations, and deployment status of the warheads. 
(2) An assessment of the strategic relevance of the war-
heads. 
(3) An assessment of the current and projected threat of 
theft, sale, or unauthorized use of the warheads. 
79-194 O - 00 - 13 : QL 3 Part 3 
114 STAT. 1654A-344 
PUBLIC LAW 106-398—APPENDIX 
(4) A summary of past, current, and planned United States 
efforts to work cooperatively with Russia to account for, secure, 
and reduce Russia's stockpile of tactical nuclear warheads and 
associated fissile material. 
SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that 
the international community should, when practicable, assist Russia 
in eliminating its chemical weapons stockpile in accordance with 
Russia's obligations under the Chemical Weapons Convention, and 
that the level of such assistance should be based on— 
(1) full and accurate disclosure by Russia of the size of 
its existing chemical weapons stockpile; 
(2) a demonstrated annual commitment by Russia to allo-
cate at least $25,000,000 to chemical weapons elimination; 
(3) development by Russia of a practical plan for destroying 
its stockpile of nerve agents; 
(4) enactment of a law by Russia that provides for the 
elimination of all nerve agents at a single site; and 
(5) an agreement by Russia to destroy its chemical weapons 
production facilities at Volgograd and Novocheboksark. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and the House 
of Representatives a report that identifies— 
(1) the amount spent by Russia for chemical weapons elimi-
nation during fiscal year 2000; 
(2) the specific assistance being provided to Russia by the 
international community for the safe storage and elimination 
of Russia's stockpile of nerve agents, including those nerve 
agents located at the Shchuch'ye depot; 
(3) the countries providing the assistance identified in para-
graph (2); and 
(4) the value of the assistance that the international 
community has already provided and has committed to provide 
in future years for the purpose described in paragraph (2). 
(c) CHEMICAL WEAPONS CONVENTION DEFINED.—In this section, 
the term "Chemical Weapons Convention" means the Convention 
on the Prohibition of the Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their Destruction, opened for 
signature on January 13, 1993. 
SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAP-
ONS GRADE PLUTONIUM PROGRAM. 
Of the amounts authorized to be appropriated by this Act 
for fiscal year 2001 for the Elimination of Weapons Grade Plutonium 
Program, not more than 50 percent of such amounts may be obli-
gated or expended for the program in fiscal year 2001 until 30 
days after the date on which the Secretary of Defense submits 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on an agreement between the United 
States Government and the Government of the Russian Federation 
regarding a new option selected for the shut down or conversion 
of the reactors of the Russian Federation that produce weapons 
grade plutonium, including— 
(1) the new date on which such reactors will cease produc-
tion of weapons grade plutonium under such agreement by 
reason of the shut down or conversion of such reactors; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-345 
(2) any cost-sharing arrangements between the United 
States Government and the Government of the Russian Federa-
tion in undertaking activities under such agreement. 
SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION 
PROGRAMS. 
Not later than March 31, 2001, the Comptroller General shall 
submit to Congress a report examining the procedures and mecha-
nisms with respect to audits by the Department of Defense of 
the use of funds for Cooperative Threat Reduction programs. The 
report shall examine the following: 
(1) Whether the audits being conducted by the Department 
of Defense are producing necessary information regarding 
whether assistance under such programs, including equipment 
provided and services furnished, is being used as intended. 
(2) Whether the audit procedures of the Department of 
Defense are adequate, including whether random samplings 
are used. 
TITLE XIV—COMMISSION TO ASSESS 
THE THREAT TO THE UNITED STATES 
FROM 
ELECTROMAGNETIC 
PULSE 
(EMP) ATTACK 
Sec. 1401. Establishment of commission. 
Sec. 1402. Duties of commission. 
Sec. 1403. Reports. 
Sec. 1404. Powers. 
Sec. 1405. Commission procedures. 
Sec. 1406. Personnel matters. 
Sec. 1407. Miscellaneous administrative provisions. 
Sec. 1408. Funding. 
Sec. 1409. Termination of the commission. 
SEC. 1401. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is hereby established a commission 
to be known as the "Commission to Assess the Threat to the 
United States from Electromagnetic Pulse Attack" (hereafter in 
this title referred to as the "Commission"). 
(b) COMPOSITION.—The Commission shall be composed of nine 
members. Seven of the members shall be appointed by the Secretary 
of Defense and two of the members shall be appointed by the 
Director of the Federal Emergency Management Agency. In select-
ing individuals for appointment to the Commission, the Secretary 
of Defense shall consult with the chairmen and ranking minority 
members of the Committees on Armed Services of the Senate and 
House of Representatives. 
(c) QUALIFICATIONS.—Members of the Commission shall be 
appointed from among private United States citizens with knowl-
edge and expertise in the scientific, technical, and military aspects 
of electromagnetic pulse (hereafter in this title referred to as "EMP") 
effects resulting from the detonation of a nuclear weapon or weap-
ons at high altitude, sometimes referred to as high-altitude electro-
magnetic pulse effects (HEMP). 
(d) CHAIRMAN OF COMMISSION.—The Secretary of Defense shall 
designate one of the members of the Commission to serve as chair-
man of the Commission. 
114 STAT. 1654A-346 
PUBLIC LAW 106-398—APPENDIX 
(e) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall be filled in the same manner as the original 
appointment. 
(f) SECURITY CLEARANCES.—^All members of the Commission 
shall hold appropriate security clearances. 
(g) INITIAL ORGANIZATION REQUIREMENTS.—^All appointments 
to the Commission shall be made not later than 90 days after 
the date of the enactment of this Act. The Commission shall convene 
its first meeting not later than 60 days after the date as of which 
all members of the Commission have been appointed. 
SEC. 1402. DUTIES OF COMMISSION. 
(a) REVIEW OF E M P THREAT.—The Commission shall assess— 
(1) the nature and magnitude of potential high-altitude 
EMP threats to the United States from all potentially hostile 
states or non-state actors that have or could acquire nuclear 
weapons and ballistic missiles enabling them to perform a 
high-altitude EMP attack against the United States within 
the next 15 years; 
(2) the vulnerability of United States military and espe-
cially civilian systems to an EMP attack, giving special atten-
tion to vulnerability of the civilian infrastructure as a matter 
of emergency preparedness; 
(3) the capability of the United States to repair and recover 
from damage inflicted on United States military and civilian 
systems by an EMP attack; and 
(4) the feasibility and cost of hardening select military 
and civilian systems against EMP attack. 
(b) RECOMMENDATION.—The Commission shall recommend any 
steps it believes should be taken by the United States to better 
protect its military and civilian systems from EMP attack. 
(c) COOPERATION FROM GOVERNMENT OFFICIALS.—In carrying 
out its duties, the Commission should receive the full and timely 
cooperation of the Secretary of Defense, the Director of the Federal 
Emergency Management Agency, and any other United States 
Government official serving in the Department of Defense or Armed 
Forces in providing the Commission with analyses, briefings, and 
other information necessary for the fulfillment of its responsibilities. 
SEC. 1403. REPORTS. 
(a) COMMISSION REPORT.—The Commission shall, not later than 
one year after the date of its first meeting, submit to Congress, 
the Secretary of Defense, and the Director of the Federal Emergency 
Management Agency a report on the Commission's findings and 
conclusions. 
(b) SECRETARY OF DEFENSE REPORT.—Not later than one year 
after the date of the Commission's report under subsection (a), 
the Secretary of Defense shall submit to Congress a report— 
(1) commenting on the Commission's findings and conclu-
sions; 
(2) describing political-military scenarios that could pos-
sibly lead to an EMP attack against the United States; 
(3) evaluating the relative likelihood of an EMP attack 
against the United States compared to other threats involving 
nuclear weapons; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-347 
(4) explaining what actions, if any, the Secretary intends 
to take to implement the recommendations of the Commission 
and the Secretary's reasons for doing so. 
SEC. 1404. POWERS. 
(a) HEARINGS.—The Commission or, at its direction, any panel 
or member of the Commission, may, for the purpose of carrying 
out the provisions of this title, hold hearings, take testimony, receive 
evidence, and administer oaths to the extent that the Commission 
or any panel or member considers advisable. 
(b) INFORMATION.—The Commission may secure directly from 
the Department of Defense, the Central Intelligence Agency, and 
any other Federal department or agency information that the 
Commission considers necessary to enable the Commission to carry 
out its responsibilities under this title. 
SEC. 1405. COMMISSION PROCEDURES. 
(a) MEETINGS.—The Commission shall meet at the call of the 
Chairman. 
(b) QUORUM.—(1) Five members of the Commission shall con-
stitute a quorum other than for the purpose of holding hearings. 
(2) The Commission shall act by resolution agreed to by a 
majority of the members of the Commission. 
(c) COMMISSION.—The Commission may establish panels com-
posed of less than full membership of the Commission for the 
purpose of carrying out the Commission's duties. The actions of 
each such panel shall be subject to the review and control of 
the Commission. Any findings and determinations made by such 
a panel shall not be considered the findings and determinations 
of the Commission unless approved by the Commission. 
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.— 
Any agent or member of the Commission may, if authorized by 
the Commission, take any action which the Commission is author-
ized to take under this title. 
SEC. 1406. PERSONNEL MATTERS. 
(a) PAY OF MEMBERS.—^Members of the Commission shall serve 
without pay by reason of their work on the Commission. 
(b) TRAVEL EXPENSES.—^The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission. 
(c) STAFF.—(1) The chairman of the Commission may, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint a staff director 
and such additional personnel as may be necessary to enable the 
Commission to perform its duties. The appointment of a staff direc-
tor shall be subject to the approval of the Commission. 
(2) The chairman of the Commission may fix the pay of the 
staff director and other personnel without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions and General 
Schedule pay rates, except that the rate of pay fixed under this 
paragraph for the staff director may not exceed the rate payable 
for level V of the Executive Schedule under section 5316 of such 
114 STAT. 1654A-348 
PUBLIC LAW 106-398—APPENDIX 
title and the rate of pay for other personnel may not exceed the 
maximum rate payable for grade GS-15 of the General Schedule. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of that department or agency to the Commission to assist it in 
carrying out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The chairman of the Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the daily 
equivalent of the annual rate of basic pay payable for level V 
of the Executive Schedule under section 5316 of such title. 
SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS. 
(a) POSTAL AND PRINTING SERVICES.—^The Commission may 
use the United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions as other 
departments and agencies of the Federal Government. 
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.— 
The Secretary of Defense shall furnish the Commission, on a 
reimbursable basis, any administrative and support 
services 
requested by the Commission. 
SEC. 1408. FUNDING. 
Funds for activities of the Commission shall be provided from 
amounts appropriated for the Department of Defense for operation 
and maintenance for Defense-wide activities for fiscal year 2001. 
Upon receipt of a written certification from the Chairman of the 
Commission specifying the funds required for the activities of the 
Commission, the Secretary of Defense shall promptly disburse to 
the Commission, from such amounts, the funds required by the 
Commission as stated in such certification. 
SEC. 1409. T E R M I N A T I O N OF THE COMMISSION. 
The Commission shall terminate 60 days after the date of 
the submission of its report under section 1403(a). 
TITLE XV—NAVY ACTIVITIES ON THE 
ISLAND OF VIEQUES, PUERTO RICO 
Sec. 1501. Assistance for economic growth on Vieques. 
Sec. 1502. Conveyance of Naval Ammunition Support Detachment, Vieques Island. 
Sec. 1503. Determination regarding continuation of Navy training. 
Sec. 1504. Actions if training is approved. 
Sec. 1505. Requirements if training is not approved or mandate for referendum is vi-
tiated. 
Sec. 1506. Certain properties exempt from conveyance or transfer. 
Sec. 1507. Moratorium on improvements at Fort Buchanan. 
Sec. 1508. Transfer and management of Conservation Zones. 
SEC. 1501. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to the Secretary of Defense for fiscal year 2000, 
$40,000,000 to be used to provide economic assistance for the people 
and communities of the island of Vieques, Puerto Rico, in accordance 
with the terms and conditions of the Vieques supplemental appro-
priation. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-349 
(b) TRANSFER AUTHORITY.—The Secretary of Defense may trans-
fer amounts of authorizations made available to the Department 
of Defense in subsection (a) to any agency or office of the United 
States Government in order to implement the projects for which 
the Vieques supplemental appropriation is made available. The 
transfer authority under this section is in addition to any transfer 
authority provided in Public Law 106-65 or any other Act. 
(c) NOTICE TO CONGRESS.—The advance notice required by the 
Vieques supplemental appropriation of each proposed transfer shall 
also be submitted to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives. 
(d) DEFINITION.—In this section, the term "Vieques supple-
mental appropriation" means the paragraph under the heading 
"OPERATION AND MAINTENANCE, DEFENSE-WIDE" in chapter 1 of 
title I of the Emergency Supplemental Act, 2000 (division B of 
Public Law 106-246; 114 Stat. 525). 
SEC. 1502. CONVEYANCE OF NAVAL AMMUNITION SUPPORT DETACH-
MENT, VIEQUES ISLAND. 
(a) CONVEYANCE REQUIRED.— 
(1) PROPERTY TO BE CONVEYED.—The Secretary of the Navy 
shall convey, without consideration, to the Municipality of 
Vieques, Puerto Rico, all right, title, and interest of the United 
States in and to the land constituting the Naval Ammunition 
Support Detachment located on the western end of the island 
of Vieques, Puerto Rico, except for— 
(A) the property that is exempt from conveyance under 
section 1506; 
(B) the property that is required to be transferred 
to the Secretary of the Interior under section 1508(a); and 
(C) any property that is conveyed pursuant to section 
1508(b). 
(2) TIME FOR CONVEYANCE.—The Secretary of the Navy 
shall complete the conveyance required by paragraph (1) not 
later than May 1, 2001. 
(b) DESCRIPTION OF PROPERTY.—The Secretary of the Navy, 
in consultation with the Secretary of the Interior on issues relating 
to natural resource protection under section 1508, shall determine 
the exact acreage and legal description of the property required 
to be conveyed pursuant to subsection (a), including the legal 
description of any easements, rights of way, and other interests 
that are retained pursuant to section 1506. 
(c) ENVIRONMENTAL RESTORATION.— 
(1) OBJECTIVE OF CONVEYANCE.—^An important objective 
of the conveyance required by this section is to promote timely 
redevelopment of the conveyed property in a manner that 
enhances employment opportunities and economic redevelop-
ment, consistent with all applicable environmental require-
ments and in full consultation with the Governor of Puerto 
Rico, for the benefit of the residents of the island of Vieques. 
(2) CONVEYANCE DESPITE RESPONSE NEED.—If the Secretary 
of the Navy, by May 1, 2001, is unable to provide the covenant 
required by subparagraph (A)(ii)(I) of section 120(h)(3) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)(3)) with respect to 
the property to be conveyed, the Secretary shall still complete 
114 STAT. 1654A-350 
PUBLIC LAW 106-398—APPENDIX 
the conveyance by that date, as required by subsection (a)(2). 
The Secretary shall remain responsible for completing all 
response actions required under such Act. Upon completion 
of such response actions, the Secretary shall execute and deliver 
to the transferee the warranty referred to in subparagraph 
(C)(iii) of such section. The completion of the response actions 
shall not be delayed on account of the conveyance. 
(3) CONTINUED NAVY RESPONSIBILITY.—Consistent with 
existing Navy and legal requirements, the Secretary of the 
Navy shall remain responsible for the environmental condition 
of the property, and neither the Commonwealth of Puerto Rico 
nor the Municipality of Vieques shall be responsible for such 
condition existing at the time of the conveyance. 
(4) SAVINGS CLAUSE.—^All response actions with respect 
to the property to be conveyed shall take place in compliance 
with current law. 
(d) CONTROL OF CONVEYED PROPERTY.—The government of the 
Municipality of Vieques, acting through the elected officials of that 
government, shall have the power to administer, manage, and con-
trol the property conveyed under subsection (a) in any manner 
determined by the government of the Municipality of Vieques as 
being most advantageous to the majority of the residents of the 
island of Vieques (consistent with the laws of the United States). 
(e) INDEMNIFICATION.— 
(1) ENTITIES AND PERSONS COVERED; EXTENT.—(A) Except 
as provided in subparagraph (C), and subject to paragraph 
(2), the Secretary of Defense shall hold harmless, defend, and 
indemnify in full the persons and entities described in subpara-
graph (B) from and against any suit, claim, demand or action, 
liability, judgment, cost or other fee arising out of any claim 
for personal injury or property damage (including death, illness, 
or loss of or damage to property or economic loss) that results 
from, or is in any manner predicated upon, the release or 
threatened release (after the conveyance is made under sub-
section (a)) of any hazardous substance or pollutant or contami-
nant as a result of Department of Defense activities at those 
parts of the Naval Ammunition Support Detachment conveyed 
pursuant to subsection (a). 
(B) The persons and entities described in this paragraph 
are the following: 
(i) The Commonwealth of Puerto Rico (including any 
officer, agent, or employee of the Commonwealth of Puerto 
Rico). 
(ii) The Municipality of Vieques, Puerto Rico, and any 
other political subdivision of the Commonwealth of Puerto 
Rico that acquires such ownership or control (including 
any officer, agent, or employee of that Municipality or 
other political subdivision). 
(iii) Any other person or entity that acquires such 
ownership or control. 
(iv) Any successor, assignee, transferee, lender, or les-
see of a person or entity described in clauses (i) through 
(iii). 
(C) To the extent the persons and entities described in 
subparagraph (B) contributed to any such release or threatened 
release, subparagraph (A) shall not apply. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-351 
(2) CONDITIONS ON INDEMNIFICATION.—NO indemnification 
may be afforded under this subsection unless the person or 
entity making a claim for indemnification— 
(A) notifies the Secretary of Defense in writing within 
two years after such claim accrues or begins action within 
six months after the date of mailing, by certified or reg-
istered mail, of notice of final denial of the claim by the 
Secretary of Defense; 
(B) furnishes to the Secretary of Defense copies of 
pertinent papers the entity receives; 
(C) furnishes evidence of proof of any claim, loss, or 
damage covered by this subsection; and 
(D) provides, upon request by the Secretary of Defense, 
access to the records and personnel of the entity for pur-
poses of defending or settling the claim or action. 
(3) RESPONSIBILITIES OF SECRETARY OF DEFENSE.—(A) In 
any case in which the Secretary of Defense determines that 
the Department of Defense may be required to make indem-
nification payments to a person under this subsection for any 
suit, claim, demand or action, liability, judgment, cost or other 
fee arising out of any claim for personal injury or property 
damage referred to in paragraph (1)(A), the Secretary may 
settle or defend, on behalf of that person, the claim for personal 
injury or property damage. 
(B) In any case described in subparagraph (A), if the person 
to whom the Det)artment of Defense may be required to make 
indemnification payments does not allow the Secretary of 
Defense to settle or defend the claim, the person may not 
be afforded indemnification with respect to that claim under 
this subsection. 
(4) ACCRUAL OF ACTION.—For purposes of paragraph (2)(A), 
the date on which a claim accrues is the date on which the 
plaintiff knew (or reasonably should have known) that the 
personal injury or property damage referred to in paragraph 
(1) was caused or contributed to by the release or threatened 
release of a hazardous substance or pollutant or contaminant 
as a result of Department of Defense activities at any part 
of the Naval Ammunition Support Detachment conveyed pursu-
ant to subsection (a). 
(5) RELATIONSHIP TO OTHER LAWS.—Nothing in this sub-
section shall be construed as affecting or modifying in any 
way subsection 120(h) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9620(h)). 
(6) DEFINITIONS.—In this subsection, the terms "hazardous 
substance", "release", and "pollutant or contaminant" have the 
meanings given such terms under paragraphs (9), (14), (22), 
and (33) of section 101 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601). 
SEC. 1503. DETERMINATION REGARDING CONTINUATION OF NAVY 
TRAINING. 
(a) REFERENDUM.— 
(1) REQUIREMENT.—Except as provided in paragraph (2), 
the President shall provide for a referendum to be conducted 
on the island of Vieques, Puerto Rico, to determine by a majority 
114 STAT. 1654A-352 
PUBLIC LAW 106-398—APPENDIX 
of the votes cast in the referendum by the Vieques electorate 
whether the people of Vieques approve or disapprove of the 
continuation of the conduct of live-fire training, and any other 
types of training, by the Armed Forces at the Navy's training 
sites on the island under the conditions described in subsection 
(d). 
(2) EXCEPTION.—If the Chief of Naval Operations and the 
Commamdant of the Marine Corps jointly submit to the congres-
sional defense committees, after the date of the enactment 
of this Act and before the date set forth in subsection (c), 
their certification that the Vieques Naval Training Range is 
no longer needed for training by the Navy and the Marine 
Corps, then the requirement for a referendum under paragraph 
(1) shall cease to be effective on the date on which the certifi-
cation is submitted. 
(b) PROHIBITION OF OTHER PROPOSITIONS.—In the referendum 
under this section, no proposition or option may be presented as 
an alternative to the propositions of approval and of disapproval 
of the continuation of the conduct of training as described in sub-
section (a)(1). 
(c) TIME FOR REFERENDUM.—The referendum required under 
this section shall be held on May 1, 2001, or within 270 days 
before such date or 270 days after such date. The Secretary of 
the Navy shall publicize the date set for the referendum 90 days 
before that date. 
(d) REQUIRED TRAINING CONDITIONS.—For the purposes of the 
referendum under this section, the conditions for the continuation 
of the conduct of training are those that are proposed by the 
Secretary of the Navy and publicized on the island of Vieques 
in connection with, and for a reasonable period in advance of, 
the referendum. The conditions shall include the following: 
(1) LrvE-FiRE TRAINING.—^A condition that the training may 
include live-fire training. 
(2) MAXIMUM ANNUAL DAYS OF USE.—^A condition that the 
training may be conducted on not more than 90 days each 
year. 
(e) PROCLAMATION OF OUTCOME.—Promptly after the referen-
dum is completed under this section, the President shall determine, 
and issue a proclamation declaring, the outcome of the referendum. 
The President's determination shall be final, and the outcome of 
the referendum (as so determined) shall be binding. 
(f) VIEQUES ELECTORATE DEFINED.— 
(1) REGISTERED VOTERS.—In this section, the term "Vieques 
electorate", with respect to a referendum under this section, 
means the residents of the island of Vieques, Puerto Rico, 
who, on both dates specified in paragraph (2), are registered 
to vote in a general election held for casting ballots for the 
election of the Resident Commissioner of the Commonwealth 
of Puerto Rico. 
(2) REGISTRATION DATES.—The dates referred to in para-
graph (1) are as follows: 
(A) November 7, 2000. 
(B) The date that is 180 days before the date of the 
referendum under this section. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-353 
SEC. 1504. ACTIONS IF TRAINING IS APPROVED. 
(a) CONDITION FOR EFFECTIVENESS.—This section shall take 
effect on the date on which the President issues a proclamation 
under subsection (e) of section 1503 declaring that the continuation 
of the conduct of training (including live-fire training) by the Armed 
Forces at the Navy's training sites on the island of Vieques, Puerto 
Rico, under the conditions described in subsection (d) of such sec-
tion, has been approved in the referendum conducted under such 
section. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL ECO-
NOMIC ASSISTANCE.—There is authorized to be appropriated to the 
President $50,000,000 to provide economic assistance for the people 
and communities of the island of Vieques. This authorization of 
appropriations is in addition to the amount authorized to appro-
priated to provide economic assistance under section 1501. 
(c) TRAINING RANGE TO REMAIN OPEN.—The Vieques Naval 
Training Range shall remain available for the use of the Armed 
Forces, including for live-fire training. 
SEC. 1505. REQUIREMENTS IF TRAINING IS NOT APPROVED OR MAN-
DATE FOR REFERENDUM IS VITIATED. 
(a) CONDITIONS FOR EFFECTIVENESS.—This section shall take 
effect on the date on which either of the following occurs: 
(1) The President issues a proclamation under subsection 
(e) of section 1503 declaring that the continuation of the conduct 
of training (including live-fire training) by the Armed Forces 
at the Navy's training sites on the island of Vieques, Puerto 
Rico, under the conditions described in subsection (d) of such 
section, has not been approved in the referendum conducted 
under such section. 
(2) The requirement for a referendum under section 1503 
ceases to be effective pursuant to subsection (a)(2) of such 
section. 
(b) ACTIONS REQUIRED OF SECRETARY OF DEFENSE.— 
(1) TERMINATION OF OPERATION.—Not later than May 1, 
2003, the Secretary of Defense shall— 
(A) terminate all Navy and Marine Corps training 
operations on the island of Vieques; and 
(B) terminate all Navy and Marine Corps operations 
at Naval Station Roosevelt Roads, Puerto Rico, that are 
related exclusively to the use of the training range on 
the island of Vieques by the Navy and the Marine Corps. 
(2) RELOCATION OF UNITS.—The Secretary of Defense may 
relocate the units of the Armed Forces (other than those of 
the reserve components) and activities of the Department of 
Defense (including nonappropriated fund activities) at Fort 
Buchanan, Puerto Rico, to Naval Station Roosevelt Roads, 
Puerto Rico, to ensure maximum utilization of capacity. 
(3) CLOSURE OF INSTALLATIONS AND FACILITIES.—The Sec-
retary of Defense shall close the Department of Defense 
installations and facilities on the island of Vieques, other than 
properties exempt from conveyance and transfer under section 
1506. 
(c) ACTIONS REQUIRED OF SECRETARY OF THE NAVY.—The Sec-
retary of the Navy shall transfer, without reimbursement, to the 
administrative jurisdiction of the Secretary of the Interior— 
(1) the Live Impact Area on the island of Vieques; 
114 STAT. 1654A-354 
PUBLIC LAW 106-398—APPENDIX 
(2) all Department of Defense real properties on the eastern 
side of the island that are identified as conservation zones; 
and 
(3) all other Department of Defense real properties on 
the eastern side of the island. 
(d) ACTIONS REQUIRED OF SECRETARY OF THE INTERIOR.— 
(1) RETENTION AND ADMINISTRATION.—The Secretary of the 
Interior shall retain, and may not dispose of any of, the prop-
erties transferred under paragraphs (2) and (3) of subsection 
(c) and shall administer such properties as wildlife refuges 
under the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.) pending the enactment of 
a law that addresses the disposition of such properties. 
(2) RESPONSIBILITY FOR LIVE IMPACT AREA.—^Upon a termi-
nation of Navy and Marine Corps training operations on the 
island of Vieques under subsection (b)(1), the Secretary of the 
Interior shall assume responsibility for the administration of 
the Live Impact Area, administer that area as a wilderness 
area under the Wilderness Act (16 U.S.C. 1131 et seq.), and 
deny public access to the area. 
(3) LIVE IMPACT AREA DEFINED.—In this section, the term 
"Live Impact Area" means the parcel of real property, consisting 
of approximately 900 acres (more or less), on the island of 
Vieques that is designated by the Secretary of the Navy for 
targeting by live ordnance in the training of forces of the 
Navy and Marine Corps. 
(e) GAG REVIEW.— 
(1) REQUIREMENT FOR REVIEW.—^The Comptroller General 
shall review the requirement for the continued use of Fort 
Buchanan, Puerto Rico, by active Army forces and shall submit 
to the congressional defense committees a report containing— 
(A) the findings resulting from the review; and 
(B) recommendations regarding the closure of Fort 
Buchanan and the consolidation of units of the Armed 
Forces to Naval Station Roosevelt Roads, Puerto Rico. 
(2) TIME FOR SUBMITTAL OF REPORT.—The Comptroller Gen-
eral shall submit the report under paragraph (1) not later 
than one year after the date on which the referendum under 
section 1503 is conducted or one year after the date on which 
a certification is submitted to the congressional defense commit-
tees under subsection (a)(2) of such section, as the case may 
be. 
SEC. 1506. CERTAIN PROPERTIES EXEMPT FROM CONVEYANCE OR 
TRANSFER. 
(a) EXEMPT PROPERTY.—The Department of Defense properties 
and property interests described in subsection (b) may not be con-
veyed or transferred out of the Department of Defense under this 
title. 
(b) PROPERTIES DESCRIBED.—The exemption under subsection 
(a) applies to the following Department of Defense properties and 
property interests on the island of Vieques, Puerto Rico: 
(1) ROTHR SITE.—The site for relocatable over-the-horizon 
radar. 
(2) TELECOMMUNICATIONS SITES.—The Mount Pirata tele-
communications sites. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-355 
(3) ASSOCIATED INTERESTS.—Any easements, rights-of-way, 
and other interests in property that the Secretary of the Navy 
determines necessary for— 
(A) ensuring access to the properties referred to in 
paragraphs (1) and (2); 
(B) providing utiHties for such properties; 
(C) ensuring the security of such properties; and 
(D) ensuring effective maintenance and operations on 
such properties. 
(4) REMEDIATION ACTIVITIES.—^Any easements, rights-of-
way, and other interests in property that the Secretary of 
the Navy determines necessary for protecting human health 
and the environment in the discharge of the Secretary's respon-
sibiHties for environmental remediation under section 1502(c), 
until such time as these responsibilities are completed. 
SEC. 1507. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN. 
(a) IN GENERAL.—Except as provided in subsection (b), no 
acquisition, construction, conversion, rehabilitation, extension, or 
improvement of any facility at Fort Buchanan, Puerto Rico, may 
be initiated or continued on or after the date of the enactment 
of this Act. 
(b) EXCEPTIONS.—^The prohibition in subsection (a) does not 
apply to the following: 
(1) Actions necessary to maintain the existing facilities 
(including utilities) at Fort Buchanan. 
(2) The construction of reserve component and non-
appropriated fund facilities authorized before the date of the 
enactment of this Act. 
(c) TERMINATION.—This section shall cease to be effective upon 
the issuance of a proclamation described in section 1504(a) or the 
enactment of a law, after the date of the enactment of this Act, 
that authorizes any acquisition, construction, conversion, rehabilita-
tion, extension, or improvement of any facility at Fort Buchanan, 
Puerto Rico. 
SEC. 1508. TRANSFER AND MANAGEMENT OF CONSERVATION ZONES. 
(a) TRANSFER TO SECRETARY OF THE INTERIOR.— 
(1) TRANSFER REQUIRED.—Except as provided in section 
1506, the Secretary of the Navy shall transfer, without 
reimbursement, to the administrative jurisdiction of the Sec-
retary of the Interior all Department of Defense real properties 
on the western end of the Vieques Island, consisting of a 
total of approximately 3,100 acres, that are designated as Con-
servation Zones in section IV of the 1983 Memorandum of 
Understanding between the Commonwealth of Puerto Rico and 
the Secretary of the Navy. 
(2) TIME FOR TRANSFER.—The Secretary of the Navy shall 
complete the transfer required by paragraph (1) not later than 
Mayl, 200L 
(b) CONVEYANCE TO CONSERVATION TRUST.— 
(1) CONVEYANCE REQUIRED.—Except as provided in section 
1506 and subject to paragraph (2), the Secretary of the Navy 
shall convey, without consideration, to the Puerto Rico Con-
servation Trust the additional Conservation Zones, consisting 
of a total of approximately 800 acres, identified in Alternative 
1 in the Draft Environmental Assessment for the proposed 
transfer of Naval Ammunition Support Detachment property, 
114 STAT. 1654A-356 
PUBLIC LAW 106-398—APPENDIX 
Vieques, Puerto Rico, prepared by the Department of the Navy, 
as described in the Federal Register of August 28, 2000 (65 
Fed. Reg. 52100). 
(2) TIME FOR CONVEYANCE.—^The Secretary of the Navy 
shall complete the conveyance required by paragraph (1) not 
later than May 1, 2001, except that paragraph (1) shall apply 
only to those portions of the lands described in such paragraph 
that the Commonwealth of Puerto Rico, the Secretary of the 
Interior, and the Puerto Rico Conservation Trust mutually 
agree, before that date, to— 
(A) include in the cooperative agreement under sub-
section (d)(2); and 
(B) manage under standards consistent with the stand-
ards in subsection (c) applicable to the lands trsinsferred 
under subsection (a). 
(c) ADMINISTRATION OF PROPERTIES AS WILDLIFE REFUGES.— 
The Secretary of the Interior shall administer as wildlife refuges 
under the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.) the Conservation Zones transferred 
to the Secretary under subsection (a). 
(d) COOPERATIVE AGREEMENT.— 
(1) REQUIRED; PARTIES.—The Secretary of the Interior shall 
manage the Conservation Zones transferred under subsection 
(a) pursuant to a cooperative agreement among the Common-
wealth of Puerto Rico, the Puerto Rico Conservation Trust, 
and the Secretary of the Interior. 
(2) INCLUSION OF ADJACENT AREAS.—Areas adjacent to the 
Conservation Zones transferred under subsection (a) shall be 
considered for inclusion under the cooperative agreement. Sub-
ject to the mutual agreement of the Commonwealth of Puerto 
Rico, the Secretary of the Interior, and the Puerto Rico Con-
servation Trust, such adjacent areas may be included under 
the cooperative agreement, except that the total acreage so 
included under this paragraph may not exceed 800 acres. This 
determination of inclusion of lands shall be incorporated into 
the cooperative agreement process as set forth in paragraph 
(4). 
(3) SEA GRASS AREA.—The Sea Grass Area west of Mosquito 
Pier, as identified in the 1983 Memorandum of Understanding 
between the Commonwealth of Puerto Rico and the Secretary 
of the Navy, shall be included in the cooperative agreement 
to be protected under the laws of the United States and the 
laws of the Commonwealth of Puerto Rico. 
(4) MANAGEMENT PURPOSES.—^All lands covered by the 
cooperative agreement shall be managed to protect and preserve 
the natural resources of the lands in perpetuity. The Common-
wealth of Puerto Rico, the Puerto Rico Conservation Trust, 
and the Secretary of the Interior shall follow all applicable 
Federal environmental laws during the creation and any subse-
quent amendment of the cooperative agreement, including the 
National Environmental PoHcy Act of 1969 (42 U.S.C. 4321 
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), and the National Historic Preservation Act (16 U.S.C. 
470 et seq.). 
(5) COMPLETION AND IMPLEMENTATION.—The cooperative 
agreement shall be completed not later than May 1, 2001. 
The Secretary of the Interior shall implement the terms and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-357 
conditions of the cooperative agreement, which can only be 
amended by agreement of the Commonwealth of Puerto Rico, 
the Puerto Rico Conservation Trust, and the Secretary of the 
Interior. 
TITLE XVI~GI BILL EDUCATIONAL AS-
SISTANCE AND VETERANS CLAIMS AS-
SISTANCE 
SUBTITLE A—VETERANS EDUCATION BENEFITS 
Sec. 1601. Additional opportunity for certain VEAP participants to enroll in basic 
educational assistance under Montgomery GI Bill. 
Sec. 1602. Modification of authority to pay tuition for off-duty training and education. 
SUBTITLE B—^VETERANS CLAIMS ASSISTANCE 
Sec. 1611. Clarification of Department of Veterans Affairs duty to assist. 
Subtitle A—^Veterans Education Benefits 
SEC. 1601. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICI-
PANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL. 
(a) SPECIAL ENROLLMENT PERIOD.—Section 3018C of title 38, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(e)(1) A qualified individual (described in paragraph (2)) may 
make an irrevocable election under this subsection, during the 
one-year period beginning on the date of the enactment of this 
subsection, to become entitled to basic educational assistance under 
this chapter. Such an election shall be made in the same manner 
as elections made under subsection (a)(5). 
"(2) A qualified individual referred to in paragraph (1) is an 
individual who meets each of the following requirements: 
"(A) The individual was a participant in the educational 
benefits program under chapter 32 of this title on or before 
October 9, 1996. 
"(B) The individual has continuously served on active duty 
since October 9, 1996 (excluding the periods referred to in 
section 3202(1)(C) of this title), through at least April, 1, 2000. 
"(C) The individual meets the requirements of subsection 
(a)(3). 
"(D) The individual, when discharged or released from 
active duty, is discharged or released therefrom with an honor-
able discharge. 
"(3)(A) Subject to the succeeding provisions of this paragraph, 
with respect to a qualified individual who makes an election under 
paragraph (1) to become entitled to basic education assistance under 
this chapter— 
"(i) the basic pay of the qualified individual shall be reduced 
(in a manner determined by the Secretary concerned) until 
the total amount by which such basic pay is reduced is $2,700; 
and 
"(ii) to the extent that basic pay is not so reduced before 
the qualified individual's discharge or release from active duty 
114 STAT. 1654A-358 
PUBLIC LAW 106-398—APPENDIX 
as specified in subsection (a)(4), at the election of the qualified 
individual— 
"(I) the Secretary concerned shall collect from the quali-
fied individual, or 
"(11) the Secretary concerned shall reduce the retired 
or retainer pay of the qualified individual by, 
an amount equal to the difference between $2,700 and the 
total amount of reductions under clause (i), which shall be 
paid into the Treasury of the United States as miscellaneous 
receipts. 
"(B)(i) The Secretary concerned shall provide for an 18-month 
period, beginning on the date the qualified individual makes an 
election under paragraph (1), for the qualified individual to pay 
that Secretary the amount due under subparagraph (A). 
"(ii) Nothing in clause (i) shall be construed as modifying the 
period of eligibility for and entitlement to basic education assistance 
under this chapter applicable under section 3031 of this title. 
"(C) The provisions of subsection (c) shall apply to individuals 
making elections under this subsection in the same manner as 
they applied to individuals making elections under subsection (a)(5). 
"(4) With respect to qualified individuals referred to in para-
graph (3)(A)(ii), no amount of educational assistance allowance 
under this chapter shall be paid to the qualified individual until 
the earlier of the date on which— 
"(A) the Secretary concerned collects the applicable amount 
under subparagraph (I) of such paragraph, or 
"(B) the retired or retainer pay of the qualified individual 
is first reduced under subparagraph (II) of such paragraph. 
"(5) The Secretary, in conjunction with the Secretary of Defense, 
shall provide for notice to participants in the educational benefits 
program under chapter 32 of this title of the opportunity under 
this section to elect to become entitled to basic educational assist-
ance under this chapter.". 
(b) CONFORMING AMENDMENT.—Section 3018C(b) of such title 
is amended by striking "subsection (a)" and inserting "subsection 
(a) or (e)". 
SEC. 1602. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-
DUTY TRAINING AND EDUCATION. 
(a) AUTHORITY TO PAY ALL CHARGES.—Section 2007 of title 
10, United States Code, is amended— 
(1) by striking subsections (a) and (b) and inserting the 
following new subsections: 
"(a) Subject to subsection (b), the Secretary of a military depart-
ment may pay all or a portion of the charges of an educational 
institution for the tuition or expenses of a member of the armed 
forces enrolled in such educational institution for education or train-
ing during the member's off-duty periods. 
"(b) In the case of a commissioned officer on active duty, the 
Secretary of the military department concerned may not pay charges 
under subsection (a) unless the officer agrees to remain on active 
duty for a period of at least two years after the completion of 
the training or education for which the charges are paid."; and 
(2) in subsection (d)— 
(A) by striking "(within the limits set forth in sub-
section (a))" in the matter preceding paragraph (1); and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-359 
(B) in paragraph (3), by striking "subsection (a)(3)" 
and inserting "subsection (b)". 
(b) USE OF ENTITLEMENT TO ASSISTANCE UNDER MONTGOMERY 
GI BILL FOR PAYMENT OF CHARGES.—(1) That section is further 
amended by adding at the end the following new subsection: 
"(e)(1) A member of the armed forces who is entitled to basic 
educational assistance under chapter 30 of title 38 may use such 
entitlement for purposes of paying any portion of the charges 
described in subsection (a) or (c) that are not paid for by the 
Secretary of the military department concerned under such sub-
section. 
"(2) The use of entitlement under paragraph (1) shall be gov-
erned by the provisions of section 3014(b) of title 38.". 
(2) Section 3014 of title 38, United States Code, is amended— 
(A) by inserting "(a)" before "The Secretary"; and 
(B) by adding at the end the following new subsection: 
"(b)(1) In the case of an individual entitled to basic educational 
assistance who is pursuing education or training described in sub-
section (a) or (c) of section 2007 of title 10, the Secretary shall, 
at the election of the individual, pay the individual a basic edu-
cational assistance allowance to meet all or a portion of the charges 
of the educational institution for the education or training that 
are not paid by the Secretary of the military department concerned 
under such subsection. 
"(2)(A) The amount of the basic educational assistance allow-
ance payable to an individual under this subsection for a month 
shall be the amount of the basic educational assistance allowance 
to which the individual would be entitled for the month under 
section 3015 of this title (without regard to subsection (g) of that 
section) were payment made under that section instead of under 
this subsection. 
"(B) The maximum number of months for which an individual 
may be paid a basic educational assistance allowance under para-
graph (1) is 36.". 
(3) Section 3015 of title 38, United States Code, is amended— 
(A) by striking "subsection (g)" each place it appears in 
subsections (a) and (b); 
(B) by redesignating subsection (g) as subsection (h); and 
(C) by inserting after subsection (f) the following new sub-
section (g): 
"(g) In the case of an individual who has been paid a basic 
educational assistance allowance under section 3014(b) of this title, 
the rate of the basic educational assistance allowance applicable 
to the individual under this section shall be the rate otherwise 
applicable to the individual under this section reduced by an amount 
equal to— 
"(1) the aggregate amount of such allowances paid the 
individual under such section 3014(b); divided by 
"(2)36.". 
Subtitle B—^Veterans Claims Assistance 
SEC. 1611. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS 
DUTY TO ASSIST. 
(a) IN GENERAL.—Section 5107 of title 38, United States Code, 
is amended to read as follows: 
114 STAT. 1654A-360 
PUBLIC LAW 106-398—APPENDIX 
"§5107 Assistance to claimants; benefit of the doubt; burden 
of proof 
"(a) The Secretary shall assist a claimant in developing all 
facts pertinent to a claim for benefits under this title. Such assist-
ance shall include requesting information as described in section 
5106 of this title. The Secretary shall provide a medical examination 
when such examination may substantiate entitlement to the bene-
fits sought. The Secretary may decide a claim without providing 
assistance under this subsection when no reasonable possibility 
exists that such assistance will aid in the establishment of entitle-
ment. 
"(b) The Secretary shall consider all evidence and material 
of record in a case before the Department with respect to benefits 
under laws administered by the Secretary and shall give the claim-
ant the benefit of the doubt when there is an approximate balance 
of positive and negative evidence regarding any issue material 
to the determination of the matter. 
"(c) Except when otherwise provided by this title or by the 
Secretary in accordance with the provisions of this title, a person 
who submits a claim for benefits under a law administered by 
the Secretary shall have the burden of proof.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 51 of that title is amended by striking the item 
relating to section 5017 and inserting the following new item: 
"5107 Assistance to claimants; benefit of the doubt; burden of proof.". 
TITLE XVII—ASSISTANCE TO 
FIREFIGHTERS 
Sec. 1701. Firefighter assistance. 
Sec. 1702. Volunteer fire assistance program. 
Sec. 1703. Bum research. 
Sec. 1704. Study and demonstration projects regarding cases of hepatitis C among 
certain emergency response employees. 
Sec. 1705. Report on progress on spectrum snaring. 
Sec. 1706. Sale or donation of excess defense property to assist firefighting agencies. 
Sec. 1707. Identification of defense technologies suitable for use, or conversion for 
use, in providing fire and emergency medical services. 
SEC. 1701. FIREFIGHTER ASSISTANCE. 
(a) IN GENERAL.—The Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at 
the end the following new section: 
"SEC. 33. FIREFIGHTER ASSISTANCE. 
"(a) DEFINITION OF FIREFIGHTING PERSONNEL.—In this section, 
the term 'firefighting personnel' means individuals, including volun-
teers, who are firefighters, officers of fire departments, or emergency 
medical service personnel of fire departments. 
"(b) ASSISTANCE PROGRAM.— 
"(1) AUTHORITY.—In accordance with this section, the Direc-
tor may— 
"(A) make grants on a competitive basis directly to 
fire departments of a State, in consultation with the chief 
executive of the State, for the purpose of protecting the 
health and safety of the public and firefighting personnel 
against fire and fire-related hazards; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-361 
"(B) provide assistance for fire prevention programs 
in accordance with paragraph (4). 
"(2) OFFICE FOR ADMINISTRATION OF ASSISTANCE.— 
"(A) 
ESTABLISHMENT.—Before 
providing 
assistance 
under paragraph (1), the Director shall establish an office 
in the Federal Emergency Management Agency to admin-
ister the assistance under this section. 
"(B) INCLUDED DUTIES.—The duties of the office shall 
include the following: 
"(i) RECIPIENT SELECTION CRITERIA.—^To estabUsh 
specific criteria for the selection of recipients of the 
assistance under this section. 
"(ii) 
GRANT-WRITING 
ASSISTANCE.—To 
provide 
grant-writing assistance to applicants. 
"(3) USE OF FIRE DEPARTMENT GRANT FUNDS.—^The Director 
may make a grant under paragraph (1)(A) only if the applicant 
for the grant agrees to use the grant funds— 
"(A) to hire additional firefighting personnel; 
"(B) to train firefighting personnel in firefighting, emer-
gency response, arson prevention and detection, or the 
handling of hazardous materials, or to train firefighting 
personnel to provide any of the training described in this 
subparagraph; 
"(C) to fund the creation of rapid intervention teams 
to protect firefighting personnel at the scenes of fires and 
other emergencies; 
"(D) to certify fire inspectors; 
"(E) to establish wellness and fitness programs for 
firefighting personnel to ensure that the firefighting person-
nel can carry out their duties; 
"(F) to fund emergency medical services provided by 
fire departments; 
"(G) to acquire additional firefighting vehicles, includ-
ing fire trucks; 
"(H) to acquire additional firefighting 
equipment, 
including equipment for communications and monitoring; 
"(I) to acquire personal protective equipment required 
for firefighting personnel by the Occupational Safety and 
Health Administration, and other personal protective 
equipment for firefighting personnel; 
"(J) to modify fire stations, fire training facilities, and 
other facilities to protect the health and safety of firefight-
ing personnel; 
"(K) to enforce fire codes; 
"(L) to fund fire prevention programs; 
"(M) to educate the public about arson prevention and 
detection; or 
"(N) to provide incentives for the recruitment and 
retention of volunteer firefighting personnel for volunteer 
firefighting 
departments and other firefighting depart-
ments that utilize volunteers. 
"(4) FIRE PREVENTION PROGRAMS.— 
"(A) IN GENERAL.—^For each fiscal year, the Director 
shall use not less than 5 percent of the funds made avail-
able under subsection (e)— 
"(i) to make grants to fire departments for the 
purpose described in paragraph (3)(L); and 
114 STAT. 1654A-362 
PUBLIC LAW 106-398—APPENDIX 
"(ii) to make grants to, or enter into contracts 
or cooperative agreements with, national. State, local, 
or community organizations that are recognized for 
their experience and expertise with respect to fire 
prevention or fire safety programs and activities, for 
the purpose of carrying out fire prevention programs. 
"(B) PRIORITY.—In selecting organizations described in 
subparagraph (A)(ii) to receive assistance under this para-
graph, the Director shall give priority to organizations that 
focus on prevention of injuries to children from fire. 
"(5) APPLICATION.—The Director may provide assistance 
to a fire department or organization under this subsection 
only if the fire department or organization seeking the assist-
ance submits to the Director an application that meets the 
following requirements: 
"(A) FORM.—The application shall be in such form as 
the Director may require. 
"(B) INFORMATION.—The application shall include the 
following information: 
"(i) 
FINANCIAL NEED.—Information 
that 
dem-
onstrates the financial need of the applicant for the 
assistance for which applied. 
"(ii) COST-BENEFIT ANALYSIS.—^An analysis of the 
costs and benefits, with respect to public safety, of 
the use of the assistance. 
"(iii) REPORTING SYSTEMS DATA.—^An agreement to 
provide information to the national fire incident report-
ing system for the period covered by the assistance. 
"(iv) OTHER INFORMATION.—^Any other information 
that the Director may require. 
"(6) MATCHING REQUIREMENT.— 
"(A) IN GENERAL.—Subject to subparagraph (B), the 
Director may provide assistance under this subsection only 
if the applicant for the assistance agrees to match with 
an equal amount of non-Federal funds 30 percent of the 
assistance received under this subsection for any fiscal 
year. 
"(B) REQUIREMENT FOR SMALL COMMUNITY ORGANIZA-
TIONS.—In the case of an applicant whose personnel serve 
jurisdictions of 50,000 or fewer residents, the percent 
applied under the matching requirement of subparagraph 
(A) shall be 10 percent. 
"(7) MAINTENANCE OF EXPENDITURES.—The Director may 
provide assistance under this subsection only if the applicant 
for the assistance agrees to maintain in the fiscal year for 
which the assistance will be received the applicant's aggregate 
expenditures for the uses described in paragraph (3) or (4) 
at or above the average level of such expenditures in the 
two fiscal years preceding the fiscal year for which the assist-
ance will be received. 
"(8) REPORT TO THE DIRECTOR.—The Director may provide 
assistance under this subsection only if the applicant for the 
assistance agrees to submit to the Director a report, including 
a description of how the assistance was used, with respect 
to each fiscal year for which the assistance was received. 
"(9) VARIETY OF FIRE DEPARTMENT GRANT RECIPIENTS.— 
The Director shall ensure that grants under paragraph (1)(A) 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-363 
for a fiscal year are made to a variety of fire departments, 
including, to the extent that there are eligible applicants— 
"(A) paid, volunteer, and combination fire departments; 
"(B) fire departments located in communities of varying 
sizes; and 
"(C) fire departments located in urban, suburban, and 
rural communities. 
"(10) GRANT LIMITATIONS.— 
"(A) RECIPIENT LIMITATION.—^A grant recipient under 
this section may not receive more than $750,000 under 
this section for any fiscal year. 
"(B) LIMITATION ON EXPENDITURES FOR FIREFIGHTING 
VEHICLES.—Not more than 25 percent of the funds appro-
priated to provide grants under this section for a fiscal 
year may be used to assist grant recipients to purchase 
vehicles, as authorized by paragraph (3)(G). 
"(11) RESERVATION OF GRANT FUNDS FOR VOLUNTEER 
DEPARTMENTS.—In making grants to firefighting departments, 
the Director shall ensure that those firefighting departments 
that have either all-volunteer forces of firefighting personnel 
or combined forces of volunteer and professional firefighting 
personnel receive a proportion of the total grant funding that 
is not less than the proportion of the United States population 
that those firefighting departments protect. 
"(c) AUDITS.—^A recipient of a grant under this section shall 
be subject to audits to ensure that the grant proceeds are expended 
for the intended purposes and that the grant recipient complies 
with the requirements of paragraphs (6) and (7) of subsection (b). 
"(d) STATE DEFINED.—In this section, the term 'State' includes 
the District of Columbia and the Commonwealth of Puerto Rico. 
"(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for the purposes of this section amounts as 
follows: 
"(1) $100,000,000 for fiscal year 2001. 
"(2) $300,000,000 for fiscal year 2002.". 
(b) STUDY ON NEED FOR FEDERAL ASSISTANCE TO STATE AND 
LOCAL COMMUNITIES TO FUND FIREFIGHTING AND EMERGENCY 
RESPONSE ACTIVITIES.— 
(1) REQUIREMENT FOR STUDY.—The Director of the Federal 
Emergency Management Agency shall conduct a study in 
conjunction with the National Fire Protection Association to— 
(A) define the current role and activities associated 
with the fire services; 
(B) determine the adequacy of current levels of funding; 
and 
(C) provide a needs assessment to identify shortfalls. 
(2) TIME FOR COMPLETION OF STUDY; REPORT.—The Director 
shall complete the study under paragraph (1), and submit a 
report on the results of the study to Congress, within 18 months 
after the date of the enactment of this Act. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Federal Emergency Management 
Agency $300,000 for fiscal year 2001 to carry out the study 
required by paragraph (1). 
114 STAT. 1654A-364 
PUBLIC LAW 106-398—APPENDIX 
SEC. 1702. VOLUNTEER FIRE ASSISTANCE PROGRAM. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Agriculture for carrying out paragraphs (1) through 
(3) of section 10(b) of the Cooperative Forestry Assistance Act 
of 1978 (16 U.S.C. 2106(b)(l)-(3)) amounts as follows: 
(1) $10,000,000 for fiscal year 2001. 
(2) $20,000,000 for fiscal year 2002. 
(b) REPORT.— 
(1) IN GENERAL.—The Secretary of Agriculture shall submit 
a report to Congress on the results of the assistance provided 
under the provisions of law for which funds are authorized 
for appropriations under subsection (a). 
(2) CONTENT.—The report shall contain the following: 
(A) A list of the organizations that received funds 
authorized for appropriations under subsection (a) and the 
purpose for which those organizations were provided the 
funds. 
(B) Efforts taken to ensure that potential recipients 
are provided with information necessary to develop an effec-
tive application. 
(C) The Secretary's assessment regarding the appro-
priate level of funding that should be provided annually 
through the assistance program. 
(D) The Secretary's assessment regarding the appro-
priate purposes for such assistance. 
(E) Any other information the Secretary determines 
necessary. 
(3) SUBMISSION DATE.—The report shall be submitted not 
later than February 1, 2002. 
SEC. 1703. BURN RESEARCH. 
(a) OFFICE.—The Director of the Federal Emergency Manage-
ment Agency shall establish an office in the Agency to establish 
specific criteria of grant recipients and to administer grants under 
this section. 
(b) SAFETY ORGANIZATION GRANTS.—The Director may make 
grants, on a competitive basis, to safety organizations that have 
experience in conducting bum safety programs for the purpose 
of assisting those organizations in conducting bum prevention pro-
grams or augmenting existing bum prevention programs. 
(c) HOSPITAL GRANTS.—The Director may make grants, on a 
competitive basis, to hospitals that serve as regional bum centers 
to conduct acute burn care research. 
(d) OTHER GRANTS.—The Director may make grants, on a 
competitive basis, to governmental and nongovernmental entities 
to provide after-burn treatment and counseling to individuals that 
are bum victims. 
(e) REPORT.— 
(1) IN GENERAL.—The Director of the Federal Emergency 
Management Agency shall submit a report to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives on the results of the grants provided 
under this section. 
(2) CONTENT.—The report shall contain the following: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-365 
(A) A list of the organizations, hospitals, or other enti-
ties to which the grants were provided and the purpose 
for which those entities were provided grants. 
(B) Efforts taken to ensure that potential grant 
applicants are provided with information necessary to 
develop an effective application. 
(C) The Director's assessment regarding the appro-
priate level of funding that should be provided annually 
through the grant program. 
(D) The Director's assessment regarding the appro-
priate purposes for such grants. 
(E) Any other information the Director determines nec-
essary. 
(3) SUBMISSION DATE.—The report shall be submitted not 
later than February 1, 2002. 
(f) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized 
to be appropriated for the purposes of this section amounts as 
follows: 
(1) $10,000,000 for fiscal year 2001. 
(2) $20,000,000 for fiscal year 2002. 
SEC. 1704. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES 
OF 
HEPATITIS 
C 
AMONG 
CERTAIN 
EMERGENCY 
RESPONSE EMPLOYEES. 
(a) 
STUDY REGARDING PREVALENCE AMONG CERTAIN EMER-
GENCY RESPONSE EMPLOYEES.— 
(1) IN GENERAL.—^The Secretary of Health and Human 
Services (referred to in this section as the "Secretary"), in 
consultation with the Secretary of Labor, shall conduct a study 
to determine— 
(A) an estimate of the prevalence of hepatitis C among 
designated emergency response employees in the United 
States; and 
(B) the likely means through which such employees 
become infected with such disease in the course of perform-
ing their duties as such employees. 
(2) DESIGNATED EMERGENCY RESPONSE EMPLOYEES.—For 
purposes of this section, the term "designated emergency 
response employees" means firefighters, paramedics, and emer-
gency medical technicians who are employees or volunteers 
of units of local government. 
(3) DATE CERTAIN FOR COMPLETION; REPORT TO CONGRESS.— 
The Secretary shall commence the study under paragraph (1) 
not later than. 90 days after the date of the enactment of 
this Act. Not later than one year after such date, the Secretary 
shall complete the study and submit to the Congress a report 
describing the findings of the study. 
(b) 
DEMONSTRATION PROJECTS REGARDING TRAINING AND 
TREATMENT.— 
(1) IN GENERAL.—The Secretary, in consultation with the 
Secretary of Labor, shall msike grants to qualifying local govern-
ments for the purpose of carrying out demonstration projects 
that (directly or through arrangements with nonprofit private 
entities) carry out each of the following activities: 
(A) Training designated emergency response employees 
in minimizing the risk of infection with hepatitis C in 
performing their duties as such employees. 
114 STAT. 1654A-366 
PUBLIC LAW 106-398—APPENDIX 
(B) Testing such employees for infection with the dis-
ease. 
(C) Treating the employees for the disease. 
(2) QUALIFYING LOCAL GOVERNMENTS.—For purposes of this 
section, the term "qualifying local government" means a unit 
of local government whose population of designated emergency 
response employees has a prevalence of hepatitis C that is 
not less than 200 percent of the national average for the preva-
lence of such disease in such populations. 
(3) CONFIDENTIALITY.—^A grant may be made under para-
graph (1) only if the qualifying local government involved agrees 
to ensure that information regarding the testing or treatment 
of designated emergency response employees pursuant to the 
grant is maintained confidentially in a manner not inconsistent 
with applicable law. 
(4) EVALUATIONS.—The Secretary shall provide for an 
evaluation of each demonstration project under paragraph (1) 
in order to determine the extent to which the project has 
been effective in carry out the activities described in such 
paragraph. 
(5) REPORT TO CONGRESS.—Not later than 180 days after 
the date on which all grants under paragraph (1) have been 
expended, the Secretary shall submit to Congress a report 
providing— 
(A) a summary of evaluations under paragraph (4); 
and 
(B) the recommendations of the Secretary for adminis-
trative or legislative initiatives regarding the activities 
described in paragraph (1). 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there is authorized to be appropriated 
to the Department of Health and Human Services and the Depart-
ment of Labor $10,000,000 for fiscal year 2001. 
SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING. 
(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 
with the Attorney General and the Secretary of Commerce, shall 
provide for the conduct of an engineering study to identify— 
(1) any portion of the 138-144 megahertz band that the 
Department of Defense can share in various geographic regions 
with public safety radio services; 
(2) any measures required to prevent harmful interference 
between Department of Defense systems and the public safety 
systems proposed for operation on those frequencies; and 
(3) a reasonable schedule for implementation of such shar-
ing of frequencies. 
(b) SUBMISSION OF INTERIM REPORT.—Within one year after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives an interim report on the progress of the study conducted 
pursuant to subsection (a). 
(c) REPORT.—Not later than January 1, 2002, the Secretary 
of Commerce and the Chairman of the Federal Communications 
Commission shall jointly submit a report to Congress on alternative 
frequencies available for use by public safety systems. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-367 
SEC. 1706. SALE OR DONATION OF EXCESS DEFENSE PROPERTY TO 
ASSIST FIREFIGHTING AGENCIES. 
(a) TRANSFER AUTHORIZED.—Chapter 153 of title 10, United 
States Code, is amended by inserting after section 2576a the follow-
ing new section: 
"§ 2576b. Excess personal property: sale or donation to assist 
tirefighting 
agencies 
"(a) TRANSFER AUTHORIZED.—Subject to subsection (b), the Sec-
retary of Defense may transfer to a firefighting agency in a State 
any personal property of the Department of Defense that the Sec-
retary determines is— 
"(1) excess to the needs of the Department of Defense; 
and 
"(2) suitable for use in providing fire and emergency medi-
cal services, including personal protective equipment and equip-
ment for communication and monitoring. 
"(b) CONDITIONS FOR TRANSFER.—The Secretary of Defense may 
transfer personal property under this section only if— 
"(1) the property is drawn from existing stocks of the 
Department of Defense; 
"(2) the recipient firefighting agency accepts the property 
on an as-is, where-is basis; 
"(3) the transfer is made without the expenditure of any 
funds available to the Department of Defense for the procure-
ment of defense equipment; and 
"(4) all costs incurred subsequent to the transfer of the 
property are borne or reimbursed by the recipient. 
"(c) CONSIDERATION.—Subject to subsection (b)(4), the Secretary 
may transfer personal property under this section without charge 
to the recipient firefighting agency. 
"(d) DEFINITIONS.—In this section: 
"(1) STATE.—The term 'State' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, and any territory 
or possession of the United States. 
"(2) FIREFIGHTING AGENCY.—The term 'firefighting agency' 
means any volunteer, paid, or combined departments that pro-
vide fire and emergency medical services.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2576a the following new item: 
"2576b. Excess personal property: sale or donation to assist firefighting agencies.". 
SEC. 1707. IDENTIFICATION OF DEFENSE TECHNOLOGIES SUITABLE 
FOR USE, OR CONVERSION FOR USE, IN PROVIDING FIRE 
AND EMERGENCY MEDICAL SERVICES. 
(a) APPOINTMENT OF TASK FORCE; PURPOSE.—The Secretary 
of Defense shall appoint a task force consisting of representatives 
from the Department of Defense and each of the seven major 
fire organizations identified in subsection (b) to identify defense 
technologies and equipment that— 
(1) can be readily put to civilian use by fire service and 
the emergency response agencies; and 
(2) can be transferred to these agencies using the authority 
provided by section 2576b of title 10, United States Code, 
as added by section 1706 of this Act. 
114 STAT. 1654A-368 
PUBLIC LAW 106-398—APPENDIX 
(b) PARTICIPATING MAJOR FIRE ORGANIZATIONS.—Members of 
the task force shall be appointed from each of the following: 
(1) The International Association of Fire Chiefs. 
(2) The International Association of Fire Fighters. 
(3) The National Volunteer Fire Council. 
(4) The International Association of Arson Investigators. 
(5) The International Society of Fire Service Instructors. 
(6) The National Association of State Fire Marshals. 
(7) The National Fire Protection Association. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Defense for activities of 
the task force $1,000,000 for fiscal year 2001. 
TITLE XVIII—IMPACT AID 
Sec. 1801. Short title. 
Sec. 1802. Purpose. 
Sec. 1803. Payments relating to Federal acquisition of real property. 
Sec. 1804. Payments for eligible federally connected chilcken. 
Sec. 1805. Maximum amount of basic support payments. 
Sec. 1806. Basic support payments for heavily impacted local educational agencies. 
Sec. 1807. Basic support pa5nments for local educational agencies affected by removal 
of Federal property. 
Sec. 1808. Additional payments for local educational agencies with high concentra-
tions of children with severe disabilities. 
Sec. 1809. Application for payments under sections 8002 and 8003. 
Sec. 1810. Payments for sudden and substantial increases in attendance of military 
dependents. 
Sec. 1811. Construction. 
Sec. 1812. State consideration of payments in providing State aid. 
Sec. 1813. Federal administration. 
Sec. 1814. Administrative hearings and judicial review. 
Sec. 1815. Forgiveness of overpayments. 
Sec. 1816. Definitions. 
Sec. 1817. Authorization of appropriations. 
Sec. 1818. Effective date. 
SEC. 1801. SHORT TITLE. 
This title may be cited as the "Impact Aid Reauthorization 
Act of 2000". 
SEC. 1802. PURPOSE. 
Section 8001 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7701) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by inserting after "educational services to federally 
connected children" the following: "in a manner that pro-
motes control by local educational agencies with little or 
no Federal or State involvement"; and 
(B) by inserting after "certain activities of the Federal 
Government" the following: ", such as activities to fulfill 
the responsibilities of the Federal Government with respect 
to Indian tribes and activities under section 514 of the 
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 
App. 574),"; 
(2) in paragraph (4), by adding "or" at the end; 
(3) by striking paragraph (5); 
(4) by redesignating paragraph (6) as paragraph (5); and 
(5) in paragraph (5) (as redesignated), by inserting before 
the period at the end the following: "and because of the dif-
ficulty of raising local revenue through bond referendums for 
capital projects due to the inability to tax Federal property". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-369 
SEC. 1803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
PROPERTY. 
(a) 
FISCAL 
YEAR 
REQUIREMENT.—Section 
8002(a) 
of 
the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(a)) is amended in the matter preceding paragraph (1) by 
striking "1999" and inserting "2003". 
(b) AMOUNT.— 
(1) PROHIBITION ON REDUCTION IN AMOUNT OF PAYMENT.— 
Section 8002(b)(l)(A)(i) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7702(b)(l)(A)(i)) is amended— 
(A) by striking "(i) The amount" and inserting "(i)(I) 
Subject to subclauses (II) and (III), the amount"; 
(B) by striking ", except that" and all that follows 
through "Federal property"; and 
(C) by adding at the end the following: 
"(II) Except as provided in subclause (III), the Secretary 
may not reduce the amount of a payment under this section 
to a local educational agency for a fiscal year by (aa) the 
amount equal to the amount of revenue, if any, the agency 
received during the previous fiscal year from activities con-
ducted on Federal property eligible under this section and 
located in a school district served by the agency, including 
amounts received from any Federal department or agency (other 
than the Department of Education) from such activities, by 
reason of receipt of such revenue, or (bb) any other amount 
by reason of receipt of such revenue. 
"(Ill) If the amount equal to the sum of (aa) the proposed 
pa5anent under this section to a local educational agency for 
a fiscal year and (bb) the amount of revenue described in 
subclause (II)(aa) received by the agency during the previous 
fiscal year, exceeds the maximum amount the agency is eligible 
to receive under this section for the fiscal year involved, then 
the Secretary shall reduce the amount of the proposed payment 
under this section by an amount equal to such excess amount.". 
(2) INSUFFICIENT 
FUNDS.—Section 8002(b)(1)(B) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(b)(1)(B)) is amended by striking "shall ratably reduce 
the payment to each eligible local educational agency" and 
inserting "shall calculate the payment for each eligible local 
educational agency in accordance with subsection (h)". 
(3) 
MAXIMUM AMOUNT.—Section 
8002(b)(1)(C) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(b)(1)(C)) is amended by adding at the end before the 
period the following: ", or the maximum amount that such 
agency is eligible to receive for such fiscal year under this 
section, whichever is greater". 
(c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH 
INSUFFICIENT FUNDS ARE APPROPRIATED.—Section 8002(h) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7702(h)) is amended to read as follows: 
"(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH 
INSUFFICIENT FUNDS ARE APPROPRIATED.—For any fiscal year for 
which the amount appropriated under section 8014(a) is insufficient 
to pay to each eligible local educational agency the full amount 
determined under subsection (b), the Secretary shall make pay-
ments to each local educational agency under this section as follows: 
"(1) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.— 
114 STAT. 1654A-370 
PUBLIC LAW 106-398—APPENDIX 
"(A) IN GENERAL.—The Secretary shall first make a 
foundation payment to each local educational agency that 
is eligible to receive a payment under this section for 
the fiscal year involved and was eligible to receive a pay-
ment under section 2 of the Act of September 30, 1950 
(Public Law 874, 81st Congress) (as such section was in 
efiect on the day preceding the date of the enactment 
of the Improving America's Schools Act of 1994) for any 
of the fiscal years 1989 through 1994. 
"(B) AMOUNT.—^The amount of a payment under 
subparagraph (A) for a local educational agency shall be 
equal to 38 percent of the local educational agency's maxi-
mum entitlement amount under section 2 of the Act of 
September 30, 1950, for fiscal year 1994 (or if the local 
educational agency was not eligible to receive a payment 
under such section 2 for fiscal year 1994, the local edu-
cational agency's maximum entitlement amount under such 
section 2 for the most recent fiscal year preceding 1994). 
"(C) 
INSUFFICIENT APPROPRIATIONS.—If the 
amount 
appropriated under section 8014(a) is insufficient to pay 
the full amount determined under this paragraph for all 
eligible local educational agencies for the fiscal year, then 
the Secretary shall ratably reduce the payment to each 
local educational agency under this paragraph. 
"(2) PAYMENTS FOR 1995 RECIPIENTS.— 
"(A) IN GENERAL.—^From any amounts remaining after 
making payments under paragraph (1) for the fiscal year 
involved, the Secretary shall make a payment to each 
eligible local educational agency that received a payment 
under this section for fiscal year 1995. 
"(B) AMOUNT.—The amount of a payment under 
subparagraph (A) for a local educational agency shall be 
determined as follows: 
"(i) Calculate the difference between the amount 
appropriated to carry out this section for fiscal year 
1995 and the total amount of foundation payments 
made under paragraph (1) for the fiscal year. 
"(ii) Determine the percentage share for each local 
educational agency that received a payment under this 
section for fiscal year 1995 by dividing the assessed 
value of the Federal property of the local educational 
agency for fiscal year 1995 determined in accordance 
with subsection (b)(3), by the total eligible national 
assessed value of the eligible Federal property of all 
such local educational agencies for fiscal year 1995, 
as so determined. 
"(iii) Multiply the percentage share described in 
clause (ii) for the local educational agency by the 
amount determined under clause (i). 
"(3) SUBSECTION (i) RECIPIENTS.—From any funds remain-
ing after making payments under paragraphs (1) and (2) for 
the fiscal year involved, the Secretary shall make payments 
in accordance with subsection (i). 
"(4) REMAINING FUNDS.—From any funds remaining after 
making payments under paragraphs (1), (2), and (3) for the 
fiscal year involved— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-371 
"(A) the Secretary shall make a payment to each local 
educational agency that received a foundation payment 
under paragraph (1) for the fiscal year involved in an 
amount that bears the same relation to 25 percent of the 
remainder as the amount the local educational agency 
received under paragraph (1) for the fiscal year involved 
bears to the amount all local educational agencies received 
under paragraph (1) for the fiscal year involved; and 
"(B) the Secretary shall make a payment to each local 
educational agency that is eligible to receive a payment 
under this section for the fiscal year involved in an amount 
that bears the same relation to 75 percent of the remainder 
as a percentage share determined for the local educational 
agency (in the same manner as percentage shares are 
determined for local educational agencies under paragraph 
(2)(B)(ii)) bears to the percentage share determined (in 
the same manner) for all local educational agencies eligible 
to receive a payment under this section for the fiscal year 
involved, except that for the purpose of calculating a local 
educational agency's assessed value of the Federal property, 
data from the most current fiscal year shall be used.". 
(d) SPECIAL PAYMENTS.— 
(1) IN GENERAL.—Section 8002(i)(l) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7702(i)(l)) is 
amended to read as follows: 
"(1) IN GENERAL.—For any fiscal year beginning with fiscal 
year 2000 for which the amount appropriated to carry out 
this section exceeds the amount so appropriated for fiscal year 
1996 and for which subsection (b)(1)(B) applies, the Secretary 
shall use the remainder described in subsection (h)(3) for the 
fiscal year involved (not to exceed the amount equal to the 
difference between (A) the amount appropriated to carry out 
this section for fiscal year 1997 and (B) the amount appro-
priated to carry out this section for fiscal year 1996) to increase 
the payment that would otherwise be made under this section 
to not more than 50 percent of the maximum amount deter-
mined under subsection (b) for any local educational agency 
described in paragraph (2).". 
(2) CONFORMING AMENDMENT.—^The heading of section 
8002(i) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7702(i)) is amended by striking "PRIORITY" 
and inserting "SPECIAL". 
(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section 
8002( j)(2) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7702( j)(2)) is amended— 
(1) by striking "(A) A local educational agency" and insert-
ing "A local educational agency"; 
(2) by redesignating clauses (i) through (v) as subpara-
graphs (A) through (E), respectively; and 
(3) in subparagraph (C) (as redesignated), by adding at 
the end before the semicolon the following: "and, at the time 
at which the agency is applying for a payment under this 
subsection, the agency does not have a military installation 
located within its geographic boundaries". 
114 STAT. 1654A-372 
PUBLIC LAW 106-398—APPENDIX 
(f) PRIOR YEAR DATA.—Section 8002 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7702) is amended 
by adding at the end the following: 
"(1) PRIOR YEAR DATA.—Notwithstanding any other provision 
of this section, in determining the eligibility of a local educational 
agency for a payment under subsection (b) or (h)(4)(B) of this 
section for a fiscal year, and in calculating the amount of such 
payment, the Secretary— 
"(1) shall use data from the prior fiscal year with respect 
to the Federal property involved, including data with respect 
to the assessed value of the property and the real property 
tax rate for current expenditures levied against or imputed 
to the property; and 
"(2) shall use data from the second prior fiscal year with 
respect to determining the amount of revenue referred to in 
subsection (b)(l)(A)(i).". 
(g) ELIGIBILITY.—Section 8002 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7702), as amended by this section, 
is further amended by adding at the end the following: 
"(m) ELIGIBILITY.— 
"(1) OLD FEDERAL PROPERTY.—Except as provided in para-
graph (2), a local educational agency that is eligible to receive 
a payment under this section for Federal property acquired 
by the Federal Government, before the date of the enactment 
of the Impact Aid Reauthorization Act of 2000, shall be eligible 
to receive the payment only if the local educational agency 
submits an application for a payment under this section not 
later than 5 years after the date of the enactment of such 
Act. 
"(2) COMBINED FEDERAL PROPERTY.—^A local educational 
agency that is eligible to receive a payment under this section 
for Federal property acquired by the Federal Government before 
the date of the enactment of the Impact Aid Reauthorization 
Act of 2000 shall be eligible to receive the payment if— 
"(A) the Federal property, when combined with other 
Federal property in the school district served by the local 
educational agency acquired by the Federal Government 
after the date of the enactment of such Act, meets the 
requirements of subsection (a); and 
"(B) the local educational agency submits an applica-
tion for a payment under this section not later than 5 
years after the date of acquisition of the Federal property 
acquired after the date of the enactment of such Act. 
"(3) NEW FEDERAL PROPERTY.—^A local educational agency 
that is eligible to receive a payment under this section for 
Federal property acquired by the Federal Government after 
the date of the enactment of the Impact Aid Reauthorization 
Act of 2000 shall be eligible to receive the pa3mient only if 
the local educational agency submits an application for a pay-
ment under this section not later than 5 years after the date 
of acquisition.". 
SEC. 1804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN. 
(a) GENERAL AMENDMENTS.—Section 8003 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703) is amended— 
(1) in subsection (a)(2)— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-373 
(A) by redesignating subparagraph (E) as subpara-
graph (F); 
(B) in subparagraph (D), by striking "subparagraphs 
(D) and (E) of paragraph (1) by a factor of .10" and inserting 
"subparagraph (D) of paragraph (1) by a factor of .20"; 
and 
(C) by inserting after subparagraph (D) the following: 
"(E) Multiply the number of children described in 
subparagraph (E) of paragraph (1) by a factor of .10."; 
(2) in subsection (b)(1), by adding at the end the following: 
"(D) DATA.—If satisfactory data from the third preced-
ing fiscal year are not available for any of the expenditures 
described in clause (i) or (ii) of subparagraph (C), the 
Secretary shall use data from the most recent fiscal year 
for which data that are satisfactory to the Secretary are 
available. 
"(E) SPECIAL RULE.—For purposes of determining the 
comparable local contribution rate under subparagraph 
(C)(iii) for a local educational agency described in section 
222.39(c)(3) of title 34, Code of Federal Regulations, that 
had its comparable local contribution rate for fiscal year 
1998 calculated pursuant to section 222.39 of title 34, Code 
of Federal Regulations, the Secretary shall determine such 
comparable local contribution rate as the rate upon which 
payments under this subsection for fiscal year 2000 were 
made to the local educational agency adjusted by the 
percentage increase or decrease in the per pupil expendi-
ture in the State serving the local educational agency cal-
culated on the basis of the second most recent preceding 
school year compared to the third most recent preceding 
school year for which school year data are available."; and 
(3) by amending subsection (e) to read as follows: 
"(e) HOLD HARMLESS.— 
"(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
total amount the Secretary shall pay a local educational agency 
under subsection (b)— 
"(A) for fiscal year 2001 shall not be less than 85 
percent of the total amount that the local educational 
agency received under subsections (b) and (f) for fiscal 
year 2000; and 
"(B) for fiscal year 2002 shall not be less than 70 
percent of the total amount that the local educational 
agency received under subsections (b) and (f) for fiscal 
year 2000. 
"(2) MAXIMUM AMOUNT.—The total amount provided to a 
local educational agency under subparagraph (A) or (B) of para-
graph (1) for a fiscal year shall not exceed the maximum 
basic support payment amount for such agency determined 
under paragraph (1) or (2) of subsection (b), as the case may 
be. 
"(3) RATABLE REDUCTIONS.— 
"(A) IN GENERAL.—If the sums made available under 
this title for any fiscal year are insufficient to pay the 
full amounts that all local educational agencies in all States 
are eligible to receive under paragraph (1) for such year, 
then the Secretary shall ratably reduce the payments to 
all such agencies for such year. 
114 STAT. 1654A-374 
PUBLIC LAW 106-398—APPENDIX 
"(B) ADDITIONAL FUNDS.—If additional funds become 
available for making payments under paragraph (1) for 
such fiscal year, payments that were reduced under 
subparagraph (A) shall be increased on the same basis 
as such payments were reduced.". 
(b) MILITARY INSTALLATION AND INDIAN HOUSING UNDERGOING 
RENOVATION OR REBUILDING.— 
(1) IN GENERAL.—Section 8003(a)(4) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is 
amended— 
(A) in the heading— 
(i) by inserting "AND INDL^" after 
"MILITARY 
INSTALLATION"; and 
(ii) by inserting "OR REBUILDING" after "RENOVA-
TION"; 
(B) by striking "For purposes" and inserting the follow-
ing: 
"(A) IN GENERAL.—(i) For purposes"; 
(C) in subparagraph (A)(i) (as designated by subpara-
graph (B)), by inserting "or rebuilding" after "undergoing 
renovation"; and 
(D) by adding at the end the following: 
"(ii) For purposes of computing the amount of a pay-
ment for a local educational agency that received a payment 
for children that resided on Indian lands in accordance 
with paragraph (1)(C) for the fiscal year prior to the fiscal 
year for which the local educational agency is making 
an application, the Secretary shall consider such children 
to be children described in paragraph (1)(C) if the Secretary 
determines, on the basis of a certification provided to the 
Secretary by a designated representative of the Secretary 
of the Interior or the Secretary of Housing and Urban 
Development, that such children would have resided in 
housing on Indian lands in accordance with paragraph 
(1)(C) except that such housing was undergoing renovation 
or rebuilding on the date for which the Secretary deter-
mines the number of children under paragraph (1). 
"(B) LIMITATIONS.—(i)(I) Children described in para-
graph (l)(D)(i) may be deemed to be children described 
in paragraph (1)(B) with respect to housing on Federal 
:• 
property undergoing renovation or rebuilding in accordance 
with subparagraph (A)(i) for a period not to exceed 3 fiscal 
years. 
"(II) The number of children described in paragraph 
(l)(D)(i) who are deemed to be children described in para-
graph (1)(B) with respect to housing on Federal property 
undergoing renovation or rebuilding in accordance with 
subparagraph (A)(i) for any fiscal year may not exceed 
the maximum number of children who are expected to 
occupy that housing upon completion of the renovation 
or rebuilding. 
"(ii)(I) Children that resided on Indian lands in accord-
ance with paragraph (1)(C) for the fiscal year prior to 
the fiscal year for which the local educational agency is 
making an application may be deemed to be children 
described in paragraph (1)(C) with respect to housing on 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-375 
Indian lands undergoing renovation or rebuilding in accord-
ance with subparagraph (A)(ii) for a period not to exceed 
3 fiscal years. 
"(II) The number of children that resided on Indian 
lands in accordance with paragraph (1)(C) for the fiscal 
year prior to the fiscal year for which the local educational 
agency is making an application who are deemed to be 
children described in paragraph (1)(C) with respect to hous-
ing on Indian lands undergoing renovation or rebuilding 
in accordance with subparagraph (A)(ii) for any fiscal year 
may not exceed the maximum number of children who 
are expected to occupy that housing upon completion of 
the renovation or rebuilding.". 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall apply with respect to payments to a local educational 
agency for fiscal years beginning before, on, or after the date 
of the enactment of this Act. 
(c) MILITARY "BUILD TO LEASE" PROGRAM HOUSING.—Section 
8003(a) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7703(a)) is amended by adding at the end the following: 
"(5) MILITARY 'BUILD TO LEASE' PROGRAM HOUSING.— 
"(A) IN GENERAL.—For purposes of computing the 
amount of pa5anent for a local educational agency for chil-
dren identified under paragraph (1), the Secretary shall 
consider children residing in housing initially acquired or 
constructed under the former section 2828(g) of title 10, 
United States Code (commonly known as the 'Build to 
Lease' program), as added by section 801 of the Military 
Construction Authorization Act, 1984, to be children 
described under paragraph (1)(B) if the property described 
is within the fenced security perimeter of the military 
facility upon which such housing is situated. 
"(B) 
ADDITIONAL 
REQUIREMENTS.—If 
the 
property 
described in subparagraph (A) is not owned by the Federal 
Government, is subject to taxation by a State or political 
subdivision of a State, and thereby generates revenues 
for a local educational agency that is applying to receive 
a payment under this section, then the Secretary— 
"(i) shall require the local educational agency to 
provide certification from an appropriate official of the 
Department of Defense that the property is being used 
to provide military housing; and 
"(ii) shall reduce the amount of the payment under 
this section by an amount equal to the amount of 
revenue from such taxation received in the second 
preceding fiscal year by such local educational agency, 
unless the amount of such revenue was taken into 
account by the State for such second preceding fiscal 
year and already resulted in a reduction in the amount 
of State aid paid to such local educational agency.". 
SEC. 1805. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS. 
Section 8003(b)(1) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(b)(1)), as amended by this Act, is 
further amended by adding at the end the following: 
79-194 O - 00 - 14 : QL 3 Part 3 
114 STAT. 1654A-376 
PUBLIC LAW 106-398—APPENDIX 
"(F) INCREASE IN LOCAL CONTRIBUTION RATE DUE TO 
UNUSUAL GEOGRAPHIC FACTORS.—If the current expendi-
tures in those local educational agencies which the Sec-
retary has determined to be generally comparable to the 
local educational agency for which a computation is made 
under subparagraph (C) are not reasonably comparable 
because of unusual geographical factors which affect the 
current expenditures necessary to maintain, in such 
agency, a level of education equivalent to that maintained 
in such other agencies, then the Secretary shall increase 
the local contribution rate for such agency under subpara-
graph (C)(iii) by such an amount which the Secretary deter-
mines will compensate such agency for the increase in 
current expenditures necessitated by such unusual geo-
graphical factors. The amount of any such supplementary 
payment may not exceed the per-pupil share (computed 
with regard to all children in average daily attendance), 
as determined by the Secretary, of the increased current 
expenditures necessitated by such unusual geographic fac-
tors.". 
SEC. 1806. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL 
EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—Section 8003(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(b)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following: 
"(2) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED 
LOCAL EDUCATIONAL AGENCIES.— 
"(A) IN GENERAL.—(i) From the amount appropriated 
under section 8014(b) for a fiscal year, the Secretary is 
authorized to make basic support payments to eligible heav-
ily impacted local educational agencies with children 
described in subsection (a). 
"(ii) A local educational agency that receives a basic 
support pajTnent under this paragraph for a fiscal year 
shall not be eligible to receive a basic support payment 
under paragraph (1) for that fiscal year. 
"(B) ELIGIBILITY FOR CONTINUING HEAVILY IMPACTED 
LOCAL 
EDUCATIONAL 
AGENCIES.— 
"(i) IN GENERAL.—^A heavily impacted local edu-
cational agency is eligible to receive a basic support 
payment under subparagraph (A) with respect to a 
number of children determined under subsection (a)(1) 
if the agency— 
(I) received an additional assistance payment 
under subsection (f) (as such subsection was in 
effect on the day before the date of the enactment 
of the Impact Aid Reauthorization Act of 2000) 
for fiscal year 2000; and 
"(II)(aa) is a local educational agency whose 
boundaries are the same as a Federal military 
installation; 
"(bb) has an enrollment of children described 
in sulDsection (a)(1) that constitutes a percentage 
of the total student enrollment of the agency which 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-377 
is not less than 35 percent, has a per-pupil 
expenditure that is less than the average per-pupil 
expenditure of the State in which the agency is 
located or the average per-pupil expenditure of 
all States (whichever average per-pupil expendi-
ture is greater), except that a local educational 
- 
agency with a total student enrollment of less than 
350 students shall be deemed to have satisfied 
such per-pupil expenditure requirement, and has 
a tax rate for general fund purposes which is not 
y
- 
less than 95 percent of the average tax rate for 
general fund purposes of local educational agencies 
in the State; 
"(cc) has an enrollment of children described 
in subsection (a)(1) that constitutes a percentage 
of the total student enrollment of the agency which 
is not less than 30 percent, and has a tax rate 
for general fund purposes which is not less than 
125 percent of the average tax rate for general 
fund purposes for comparable local educational 
agencies in the State; 
"(dd) has a total student enrollment of not 
less than 25,000 students, of which not less than 
50 percent are children described in subsection 
(a)(1) and not less than 6,000 of such children 
are children described in subparagraphs (A) and 
(B) of subsection (a)(1); or 
"(ee) meets the requirements of subsection 
(f)(2) applying the data requirements of subsection 
(f)(4) (as such subsections were in effect on the 
day before the date of the enactment of the Impact 
Aid Reauthorization Act of 2000). 
"(ii) Loss OF ELIGIBILITY.T—A heavily impacted local 
educational agency that met the requirements of clause 
(i) for a fiscal year shall be ineligible to receive a 
basic support pajnnent under subparagraph (A) if the 
agency fails to meet the requirements of clause (i) 
for a subsequent fiscal year, except that such agency 
shall continue to receive a basic support payment under 
this paragraph for the fiscal year for which the ineli-
gibility determination is made. 
"(iii) 
RESUMPTION 
OF ELIGIBILITY.—A 
heavily 
impacted local educational agency described in clause 
(i) that becomes ineligible under such clause for 1 
or more fiscal years may resume eligibility for a basic 
support payment under this paragraph for a subse-
quent fiscal year only if the agency meets the require-
ments of clause (i) for that subsequent fiscal year, 
except that such agency shall not receive a basic sup-
port payment under this paragraph until the fiscal 
year succeeding the fiscal year for which the eligibility 
determination is made. 
"(C) ELIGIBILITY FOR NEW HEAVILY IMPACTED LOCAL 
EDUCATIONAL AGENCIES.— 
"(i) IN GENERAL.—^A heavily impacted local edu-
cational agency that did not receive an additional 
114 STAT. 1654A-378 
PUBLIC LAW 106-398—APPENDIX 
assistance payment under subsection (f) (as such sub-
section was in effect on the day before the date of 
the enactment of the Impact Aid Reauthorization Act 
of 2000) for fiscal year 2000 is eUgible to receive a 
basic support payment under subparagraph (A) for fis-
cal year 2002 and any subsequent fiscal year with 
respect to a number of children determined imder sub-
section (a)(1) only if the agency is a local educational 
agency whose boundaries are the same as a Federal 
military installation, or the agency— 
"(I) has an enrollment of children described 
in subsection (a)(1) that constitutes a percentage 
of the total student enrollment of the agency that— 
"(aa) is not less than 50 percent if such 
agency receives a payment on behalf of chil-
dren described in subparagraphs (F) and (G) 
of such subsection; or 
"(bb) is not less than 40 percent if such 
agency does not receive a pa5anent on behalf 
of such children; 
"(II)(aa) for a local educational agency that 
has a total student enrollment of 350 or more 
students, has a per-pupil expenditure that is less 
than the average per-pupil expenditure of the 
State in which the agency is located; or 
"(bb) for a local educational agency that has 
a total student enrollment of less than 350 stu-
dents, has a per-pupil expenditure that is less 
thsm the average per-pupil expenditure of a com-
parable local educational agency in the State in 
which the agency is located; and 
"(III) has a tax rate for general fund purposes 
that is at least 95 percent of the average tax 
rate for general fund purposes of comparable local 
educational agencies in the State, 
"(ii) 
RESUMPTION 
OF 
ELIGIBILITY.—A 
heavily 
impacted local educational agency described in clause 
(i) that becomes ineligible under such clause for 1 
or more fiscal years may resume eligibility for a basic 
support payment under this paragraph for a subse-
quent fiscal year only if the agency is a local edu-
cational agency whose boundaries are the same as 
a Federal military installation, or meets the require-
ments of clause (i), for that subsequent fiscal year, 
except that such agency shall continue to receive a 
basic support payment under this paragraph for the 
fiscal year for which the ineligibility determination 
is made. 
"(iii) APPLICATION.—^With respect to the first fiscal 
year for which a heavily impacted local educational 
agency described in clause (i) applies for a basic sup-
port payment under subparagraph (A), or with respect 
to the first fiscal year for which a heavily impacted 
local educational agency applies for a basic support 
payment under subparagraph (A) after becoming ineli-
gible under clause (i) for 1 or more preceding fiscal 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-379 
years, the agency shall apply for such payment at 
least 1 year prior to the start of that first fiscal year. 
"(D) 
MAXIMUM 
AMOUNT 
FOR 
REGULAR 
HEAVILY 
IMPACTED LOCAL EDUCATIONAL AGENCIES.—(i) E x c e p t 
a s 
provided in subparagraph (E), the maximum amount that 
a heavily impacted local educational agency is eligible to 
receive under this paragraph for any fiscal year is the 
sum of the total weighted student units, as computed under 
subsection (a)(2) and subject to clause (ii), multiplied by 
the greater o
f
— 
"(I) four-fifths of the average per-pupil expenditure 
of the State in which the local educational agency 
is located for the third fiscal year preceding the fiscal 
year for which the determination is made; or 
"(II) four-fifths of the average per-pupil expendi-
ture of all of the States for the third fiscal year preced-
ing the fiscal year for which the determination is made. 
"(ii)(I) For a local educational agency with respect to 
which 35 percent or more of the total student enrollment 
of the schools of the agency are children described in 
subparagraph (D) or (E) (or a combination thereof) of sub-
section (a)(1), the Secretary shall calculate the weighted 
student units of such children for purposes of subsection 
(a)(2) by multiplying the number of such children by a 
factor of 0.55. 
"(II) For a local educational agency that has an enroll-
ment of 100 or fewer children described in subsection (a)(1), 
the Secretary shall calculate the total number of weighted 
student units for purposes of subsection (a)(2) by multiply-
ing the number of such children by a factor of 1.75. 
"(Ill) For a local educational agency that has an enroll-
ment of more than 100 but not more than 750 children 
described in subsection (a)(1), the Secretary shall calculate 
the total number of weighted student units for purposes 
of subsection (a)(2) by multiplying the number of such 
children by a factor of 1.25. 
"(E) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED 
LOCAL EDUCATIONAL AGENCIES.—(i)(I) Subject to clause (ii), 
the maximum amount that a heavily impacted local edu-
cational agency described in subclause (II) is eligible to 
receive under this paragraph for any fiscal year shall be 
determined in accordance with the formula described in 
paragraph (1)(C). 
"(II) A heavily impacted local educational agency 
described in this subclause is a local educational agency 
that has a total student enrollment of not less than 25,000 
students, of which not less than 50 percent are children 
described in subsection (a)(1) and not less than 6,000 of 
such children are children described in subparagraphs (A) 
and (B) of subsection (a)(1). 
"(ii) For purposes of calculating the maximum amount 
described in clause (i), the factor used in determining the 
weighted student units under subsection (a)(2) with respect 
to children described in subparagraphs (A) and (B) of sub-
section (a)(1) shall be 1.35. 
"(F) DATA.—For purposes of providing assistance under 
this paragraph the Secretary shall use student, revenue. 
114 STAT. 1654A-380 
PUBLIC LAW 106-398—APPENDIX 
expenditure, and tax data from the third fiscal year preced-
ing the fiscal year for which the local educational agency 
is applying for assistance under this paragraph.". 
(b) 
PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH 
INSUFFICIENT FUNDS ARE APPROPRIATED.—Section 8003(b)(3) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7703(b)(3)) (as so redesignated) is amended— 
(1) in subparagraph (A), by striking "paragraph (1)" and 
inserting "paragraphs (1) and (2)"; 
(2) in subparagraph (B)— 
(A) in the heading, by inserting after "PAYMENTS" the 
following: "IN LIEU OF PAYMENTS UNDER PARAGRAPH (1)"; 
(B) in clause (i)— 
(i) in the matter preceding subclause (I), by insert-
ing before "by multiplying" the following: "in lieu of 
basic support pa3anents under paragraph (1)"; and 
(ii) in subclause (II), by striking "(not including 
amounts received under subsection (f))"; and 
(C) by adding at the end the following: 
"(iv) In the case of a local educational agency that 
has a total student enrollment of fewer than 1,000 students 
and that has a per-pupil expenditure that is less than 
the average per-pupil expenditure of the State in which 
the agency is located, the total percentage used to calculate 
threshold payments under clause (i) shall not be less than 
40 percent."; 
(3) by redesignating subparagraph (C) as subparagraph 
(D); 
(4) by inserting after subparagraph (B) the following: 
"(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN 
LIEU OF PAYMENTS UNDER PARAGRAPH (2).—^For fiscal years 
described in subparagraph (A), the learning opportunity 
threshold payment in lieu of basic support payments under 
paragraph (2) shall be equal to the amount obtained under 
subparagraph (D) or (E) of paragraph (2), as the case 
may be."; and 
(5) in subparagraph (D) (as so redesignated), by striking 
"computation made under subparagraph (B)" and inserting 
"computations made under subparagraphs (B) and (C)". 
(c) 
CONFORMING 
AMENDMENTS.—Section 
8003 
of 
the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) 
is amended— 
(1) in the matter preceding subparagraph (A) of subsection 
(a)(1), by striking "subsection (b), (d), or (f)" and inserting 
"subsection (b) or (d)"; 
(2) in subsection (b)— 
(A) in paragraph (1)(C), in the matter preceding clause 
(i), by striking "this subsection" and inserting "this para-
graph"; and 
(B) in paragraph (4) (as so redesignated)— 
(i) in subparagraph (A), by striking "paragraphs 
(1)(B), (1)(C), and (2) of this subsection" and inserting 
"subparagraphs (B) and (C) of paragraph (1) or sub-
paragraphs (B) through (D) of paragraph (2), as the 
case may be, paragraph (3) of this subsection"; and 
(ii) in subparagraph (B)— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-381 
(I) by inserting after "paragraph (1)(C)" the 
following: "or subparagraph (D) or (E) of paragraph 
(2), as the case may be,"; and 
(II) by striking "paragraph (2)(B)" and insert-
ing "subparagraph (B) or (C) of paragraph (3), 
as the case may be,"; 
(3) in subsection (c)(1), by striking "paragraph (2) and 
subsection (f)" and inserting "subsections (b)(1)(D), (b)(2), and 
paragraph (2)"; 
(4) by striking subsection (f); and 
(5) in subsection (h), by striking "section 6" and all that 
follows through "1994)" and inserting "section 386 of the 
National Defense Authorization Act for Fiscal Year 1993". 
SEC. 1807. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL 
AGENCIES AFFECTED BY REMOVAL OF FEDERAL PROP-
ERTY. 
Section 8003(b) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(b)), as amended by this Act, is further 
amended by adding at the end the following: 
"(5) LOCAL EDUCATIONAL AGENCIES AFFECTED BY REMOVAL 
OF FEDERAL PROPERTY.— 
"(A.) IN GENERAL.—In computing the amount of a basic 
support payment under this subsection for a fiscal year 
for a local educational agency described in subparagraph 
(B), the Secretary shall meet the additional requirements 
described in subparagraph (C). 
"(B) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local 
educational agency described in this subparagraph is a 
local educational agency with respect to which Federal 
property (i) located within the boundaries of the agency, 
and (ii) on which one or more children reside who are 
receiving a free public education at a school of the agency, 
is transferred by the Federal Government to another entity 
in any fiscal year beginning on or after the date of the 
enactment of the Impact Aid Reauthorization Act of 2000 
so that the property is subject to taxation by the State 
or a political subdivision of the State. 
"(C) 
ADDITIONAL 
REQUIREMENTS.—The 
additional 
requirements described in this subparagraph are the follow-
ing: 
"(i) For each fiscal year beginning after the date 
on which the Federal property is transferred, a child 
described in subparagraph (B) who continues to reside 
on such property and who continues to receive a free 
public education at a school of the agency shall be 
deemed to be a child who resides on Federal property 
for purposes of computing under the 
applicable 
subparagraph of subsection (a)(1) the amount that the 
agency is eligible to receive under this subsection. 
"(ii)(I) For the third fiscal year beginning after 
the date on which the Federal property is transferred, 
and for each fiscal year thereafter, the Secretary shall, 
after computing the amount that the agency is other-
wise eligible to receive under this subsection for the 
fiscal year involved, deduct from such amount an 
amount equal to the revenue received by the agency 
114 STAT. 1654A-382 
PUBLIC LAW 106-398—APPENDIX 
for the immediately preceding fiscal year as a result 
of the taxable status of the former Federal property. 
"(II) For purposes of determining the amount of 
revenue to be deducted in accordance with subclause 
(I), the local educational agency— 
"(aa) shall provide for a review and certifi-
cation of such amount by an appropriate local tax 
authority; and 
"(bb) shall submit to the Secretary a report 
containing the amount certified under item (aa).". 
SEC. 1808. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGEN-
CIES WITH HIGH CONCENTRATIONS OF CHILDREN WITH 
SEVERE DISABILITIES. 
(a) REPEAL.—Subsection (g) of section 8003 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(g)) is 
repealed. 
(b) 
CONFORMING 
AMENDMENTS.—(1) Section 8003 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) 
is amended by redesignating subsections (h) and (i) as subsections 
(f) and (g), respectively. 
(2) Section 426 of the General Education Provisions Act (20 
U.S.C. 1228) is amended by striking "subsections (d) and (g) of 
section 8003 of such Act" and inserting "section 8003(d) of such 
Act". 
SEC. 1809. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 
8003. 
Section 8005(d) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7705(d)) is amended— 
(1) in paragraph (2), by inserting after "not more than 
60 days after a deadline established under subsection (c)" the 
following: ", or not more than 60 days after the date on which 
the Secretary sends written notice to the local educational 
agency pursuant to paragraph (3)(A), as the case may be,"; 
and 
(2) in paragraph (3) to read as follows: 
"(3) LATE APPLICATIONS.— 
"(A) NOTICE^—^The Secretary shall, as soon as prac-
ticable after the deadline established under subsection (c), 
provide to each local educational agency that applied for 
a payment under section 8002 or 8003 for the prior fiscal 
year, and with respect to which the Secretary has not 
received an application for a payment under either such 
section (as the case may be) for the fiscal year in question, 
written notice of the failure to comply with the deadline 
and instruction to ensure that the application is filed not 
later than 60 days after the date on which the Secretary 
sends the notice. 
"(B) 
ACCEPTANCE AND APPROVAL OF LATE APPLICA-
TIONS.—The Secretary shall not accept or approve any 
application of a local educational agency that is filed more 
than 60 days after the date on which the Secretary sends 
written notice to the local educational agency pursuant 
to subparagraph (A).". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-383 
SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES 
IN ATTENDANCE OF MILITARY DEPENDENTS. 
Section 8006 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7706) is repealed. 
SEC. 1811. CONSTRUCTION. 
Section 8007 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7707) is amended to read as follows: 
"SEC. 8007. CONSTRUCTION. 
"(a) CONSTRUCTION PAYMENTS AUTHORIZED.— 
"(1) IN GENERAL.—From 40 percent of the amount appro-
priated for each fiscal year under section 8014(e), the Secretary 
shall make payments in accordance with this subsection to 
each local educational agency that receives a basic support 
payment under section 8003(b) for that fiscal year. 
"(2) 
ADDITIONAL 
REQUIREMENTS.—^A local 
educational 
agency that receives a basic support payment under section 
8003(b)(1) shall also meet at least one of the following require-
ments: 
"(A) The number of children determined under section 
8003(a)(lXC) for the agency for the preceding school year 
constituted at least 50 percent of the total student enroll-
ment in the schools of the agency during the preceding 
school year. 
"(B) The number of children determined under sub-
paragraphs (B) and (D)(i) of section 8003(a)(1) for the 
agency for the preceding school year constituted at least 
50 percent of the total student enrollment in the schools 
of the agency during the preceding school year. 
"(3) AMOUNT OF PAYMENTS.— 
"(A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILI-
TARY DEPENDENT CHILDREN.—The amount of a payment 
to each local educational agency described in this subsection 
that is impacted by military dependent children for a fiscal 
year shall be equal to— 
"(i)(II) 20 percent of the amount appropriated 
under section 8014(e) for such fiscal year; divided by 
"(II) the total number of weighted student units 
of children described in subparagraphs (B) and (D)(i) 
of section 8003(a)(1) for all local educational agencies 
described in this subsection (as calculated under sec-
tion 8003(a)(2)), including the number of weighted stu-
dent units of such children attending a school facility 
described in section 8008(a) if the Secretary does not 
provide assistance for the school facility under that 
section for the prior fiscal year; multiplied by 
"(ii) the total number of such weighted student 
units for the agency. 
"(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHIL-
DREN WHO RESIDE ON INDIAN LANDS.—The amount of a 
payment to each local educational agency described in this 
subsection that is impacted by children who reside on 
Indian lands for a fiscal year shall be equal to— 
"(i)(I) 20 percent of the amount appropriated under 
section 8014(e) for such fiscal year; divided by 
114 STAT. 1654A-384 
PUBLIC LAW 106-398—APPENDIX 
"(11) the total number of weighted student units 
of children described in section 8003(a)(1)(C) for all 
local educational agencies described in this subsection 
(as calculated under section 8003(a)(2)); multiplied by 
"(ii) the total number of such weighted student 
units for the agency. 
"(4) USE OF FUNDS.—^Any local educational agency that 
receives funds under this subsection shall use such funds for 
construction, as defined in section 8013(3). 
"(b) SCHOOL FACILITY MODERNIZATION GRANTS AUTHORIZED.— 
"(1) IN GENERAL.—From 60 percent of the amount appro-
priated for each fiscal year under section 8014(e), the Secretary 
shall award grants in accordance with this subsection to eligible 
local educational agencies to enable the local educational agen-
cies to carry out modernization of school facilities. 
"(2) 
ELIGIBILITY 
REQUIREMENTS.—^A local 
educational 
agency is eligible to receive funds under this subsection only 
if— 
"(A) such agency (or in the case of a local educational 
agency that does not have the authority to tax or issue 
bonds, such agency's fiscal agent) has no capacity to issue 
bonds or is at such agency's limit in bonded indebtedness 
for the purposes of generating funds for capital expendi-
tures, except that a local educational agency that is eligible 
to receive funds under section 8003(b)(2) shall be deemed 
to meet the requirements of this subparagraph; and 
"(B)(i) such agency received assistance under section 
8002(a) for the fiscal year and has an assessed value of 
taxable property per student in the school district that 
is less than the average of the assessed value of taxable 
property per student in the State in which the local edu-
cational agency is located; or 
"(ii) such agency received assistance under subsection 
(a) for the fiscal year and has a school facility emergency, 
as determined by the Secretary, that poses a health or 
safety hazard to the students and school personnel assigned 
to the school facility. 
"(3) AWARD CRITERIA.—In awarding grants under this sub-
section the Secretary shall consider one or more of the following 
factors: 
"(A) The extent to which the local educational agency 
lacks the fiscal capacity to undertake the modernization 
project without Federal assistance. 
"(B) The extent to which property in the local edu-
cational agency is nontaxable due to the presence of the 
Federal Government. 
"(C) The extent to which the local educational agency 
serves high numbers or percentages of children described 
in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1). 
"(D) The need for modernization to meet— 
"(i) the threat that the condition of the school 
facility poses to the health, safety, and well-being of 
students; 
"(ii) overcrowding conditions as evidenced by the 
use of trailers and portable buildings and the potential 
for future overcrowding because of increased enroll-
ment; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-385 
"(iii) facility needs resulting from actions of the 
Federal Government. 
"(E) The age of the school facility to be modernized. 
"(4) OTHER AWARD PROVISIONS.— 
"(A) FEDERAL SHARE.—The Federal funds provided 
under this subsection to a local educational agency 
described in subparagraph (C) shall not exceed 50 percent 
of the total cost of the project to be assisted under this 
subsection. A local educational agency may use in-kind 
contributions to meet the matching requirement of the 
preceding sentence. 
"(B) MAXIMUM GRANT.—^A local educational agency 
described in subparagraph (C) may not receive a grant 
under this subsection in an amount that exceeds $3,000,000 
during any 5-year period. 
"(C) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local 
educational agency described in this subparagraph is a 
local educational agency that has the authority to issue 
bonds but is at such agency's limit in bonded indebtedness 
for the purposes of generating funds for capital expendi-
tures. 
"(5) APPLICATIONS.—^A local educational agency that desires 
to receive a grant under this subsection shall submit an applica-
tion to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require. Each 
application shall contain— 
"(A) documentation certifying such agency's lack of 
bonding capacity; 
"(B) a listing of the school facilities to be modernized, 
including the number and percentage of children deter-
mined under section 8003(a)(1) in average daily attendance 
in each school facility; 
"(C) a description of the ownership of the property 
on which the current school facility is located or on which 
the planned school facility will be located; 
"(D) a description of any school facility deficiency that 
poses a health or safety hazard to the occupants of the 
school facility and a description of how that deficiency 
will be repaired; 
"(E) a description of the modernization to be supported 
with funds provided under this subsection; 
"(F) a cost estimate of the proposed modernization; 
and 
"(G) such other information and assurances as the 
Secretary may reasonably require. 
"(6) EMERGENCY GRANTS.— 
"(A) APPLICATIONS.—Each local educational agency 
described in paragraph (2)(B)(ii) that desires a grant under 
this subsection shall include in the application submitted 
under paragraph (5) a signed statement from an appro-
priate local official certifying that a health or safety defi-
ciency exists. 
"(B) PRIORITY.—If the Secretary receives more than 
one application from local educational agencies described 
in paragraph (2)(B)(ii) for grants under this subsection 
for any fiscal year, the Secretary shall give priority to 
local educational agencies based on the severity of the 
114 STAT. 1654A-386 
PUBLIC LAW 106-398—APPENDIX 
emergency, as determined by the Secretary, and when the 
appUcation was received. 
"(C) ALLOCATION; REPORTING REQUIREMENT.— 
"(i) ALLOCATION.—In awarding grants under this 
subsection to local educational agencies described in 
paragraph (2)(B)(ii), the Secretary shall consider all 
applications received from local educational agencies 
that meet the requirement of subsection (a)(2XA) and 
local educational agencies that meet the requirement 
of subsection (a)(2)(B). 
"(ii) REPORTING REQUIREMENT.— 
"(I) IN GENERAL.—Not later than January 1 
of each year, the Secretary shall prepare and sub-
mit to the appropriate congressional committees 
a report that contains a justification for each grant 
awarded under this subsection for the prior fiscal 
year. 
"(II) DEFINITION.—In this clause, the term 
'appropriate congressional committees' means the 
Committee on Appropriations £ind the Committee 
on Education and the Workforce of the House of 
Representatives and the Committee on Appropria-
tions and the Committee on Health, Education, 
Labor and Pensions of the Senate. 
"(D) CONSIDERATION FOR FOLLOWING YEAR.—A local 
educational agency described in paragraph (2)(B)(ii) that 
applies for a grant under this subsection for any fiscal 
year and does not receive the grant shall have the applica-
tion for the grant considered for the following fiscal year, 
subject to the priority described in subparagraph (B). 
"(7) SUPPLEMENT NOT SUPPLANT.—An eligible local edu-
cational agency shall use funds received under this subsection 
only to supplement the amount of funds that would, in the 
absence of such Federal funds, be made available from non-
Federal sources for the modernization of school facilities used 
for educational purposes, and not to supplant such funds.". 
SEC. 1812. STATE CONSroERATION OF PAYMENTS IN PROVIDING STATE 
AID. 
Section 8009 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7709) is amended— 
(1) in subsection (a)(1), by striking "or under" and all 
that follows through "of 1994)"; 
(2) by amending subsection (b)(1) to read as follows: 
"(1) IN GENERAL.—^A State may reduce State aid to a local 
educational agency that receives a payment under section 8002 
or 8003(b) (except the amount calculated in excess of 1.0 under 
section 8()03(a)(2)(B)) for any fiscal year if the Secretary deter-
mines, and certifies under subsection (c)(3)(A), that the State 
has in effect a program of State aid that equalizes expenditures 
for free public education among local educational agencies in 
the State."; and 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the matter proceeding subparagraph (A), by 
striking "or under" and all that follows through "of 
1994)"; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-387 
(ii) in subparagraph (B), by striking "or under" 
and all that follows through "of 1994)"; and 
(B) in paragraph (2), by striking "or under" and all 
that follows through "of 1994)". 
SEC. 1813. FEDERAL ADMINISTRATION. 
Section 8010(c) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7710(c)) is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(1) and (2), respectively; and 
(3) in paragraph (2) (as redesignated)— 
(A) in subparagraph (D), by striking "section 5(d)(2) 
of the Act of September 30, 1950 (Public Law 874, 81st 
Congress) (as such section was in effect on the day preced-
ing the date of enactment of the Improving America's 
Schools Act of 1994) or"; and 
(B) in subparagraph (E)— 
(i) by striking " 1994" and inserting " 1999"; 
(ii) by striking "(or such section's predecessor 
authority)"; and 
(iii) by striking "paragraph (2)" and inserting 
"paragraph (1)". 
SEC. 1814. ADMINISTRATIVE HEARINGS AND JtTDICIAL REVIEW. 
(a) ADMINISTRATIVE HEARINGS.— 
(1) IN GENERAL.—Section 8011(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7711) is amended 
by adding at the end before the period the following: "if the 
local educational agency or State, as the case may be, submits 
to the Secretary a request for the hearing not later than 60 
days after the date of the action of the Secretary under this 
title". 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall apply with respect to an action of the Secretary under 
title VIII of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7701 et seq.) initiated on or after the date 
of the enactment of this Act. 
(b) 
JUDICIAL 
REVIEW 
OF 
SECRETARIAL 
ACTION.—Section 
8011(b)(1) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7711(b)(1)) is amended by striking "60 days" and insert-
ing "30 working days (as determined by the locsd educational agency 
or State)". 
SEC 1815. FORGIVENESS OF OVERPAYMENTS. 
The matter preceding paragraph (1) of section 8012 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7712) 
is amended by striking "under the Act" and all that follows through 
"of 1994)" and inserting "under this title's predecessor authorities". 
SEC. 1816. DEFINITIONS. 
Section 8013 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7713) is amended— 
(1) in paragraph (5)— 
(A) in subparagraph (A)(iii)— 
(I) in subclause (I), by striking "or" after the 
semicolon; and 
(II) by adding at the end the following: 
114 STAT. 1654A-388 
PUBLIC LAW 106-398—APPENDIX 
"(III) used for affordable housing assisted 
under the Native American Housing Assistance 
and Self-Determination Act of 1996; or"; and 
(B) in subparagraph (F)(i), by striking "the mutual" 
and all that follows through "1937" and inserting "or 
authorized by the Native American Housing Assistance 
and Self-Determination Act of 1996"; 
(2) in paragraph (8)(B), by striking "all States" and insert-
ing "the 50 States and the District of Columbia"; 
(3) by redesignating paragraphs (11) and (12) as paragraphs 
(12) and (13), respectively; and 
(4) by inserting after paragraph (10) the following: 
"(11) MODERNIZATION.—The term 'modernization' means 
repair, renovation, alteration, or construction, including— 
"(A) the concurrent installation of equipment; and 
"(B) the complete or partial replacement of an existing 
school facility, but only if such replacement is less expen-
sive and more cost-effective than repair, renovation, or 
alteration of the school facility.". 
SEC. 1817. AUTHORIZATION OF APPROPRIATIONS. 
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.— 
Section 8014(a) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7714(a)) is amended— 
(1) by striking "$16,750,000 for fiscal year 1995" and insert-
ing "$32,000,000 for fiscal year 2000"; and 
(2) by striking "four" and inserting "three". 
(b) BASIC PAYMENTS.—Section 8014(b) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7714(b)) is amended— 
(1) by striking "subsections (b) and (f) of section 8003" 
and inserting "section 8003(b)"; 
(2) by striking "$775,000,000 for fiscal year 1995" and 
inserting "$809,400,000 for fiscal year 2000"; 
(3) by striking "four" and inserting "three"; and 
(4) by striking ", of which 6 percent" and all that follows 
and inserting a period. 
(c) PAYMENTS FOR CHILDREN 
WITH 
DISABILITIES.—Section 
8014(c) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7714(c)) is amended— 
(1) by striking "$45,000,000 for fiscal year 1995" and insert-
ing "$50,000,000 for fiscal year 2000"; and 
(2) by striking "four" and inserting "three". 
(d) PAYMENTS FOR INCREASES IN MILITARY CHILDREN.—Sub-
section (d) of section 8014 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7714) is repealed. 
(e) CONSTRUCTION.—Section 8014(e) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7714(e)) is amended— 
(1) by striking "$25,000,000 for fiscal year 1995" and insert-
ing "$10,052,000 for fiscal year 2000"; and 
(2) by striking "four" and inserting "three". 
(f) 
FACILITIES 
MAINTENANCE.—Section 
8014(f) 
of 
the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7714(f)) is amended— 
(1) by striking "$2,000,000 for fiscal year 1995" and insert-
ing "$5,000,000 for fiscal year 2000"; and 
(2) by striking "four" and inserting "three". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-389 
(g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section 
8014(g) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7714(g)) is amended— 
(1) in the heading, by striking "FEDERAL PROPERTY LOCAL 
EDUCATIONAL AGENCIES" and inserting "LOCAL EDUCATIONAL 
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION"; and 
(2) by striking "such sums as are necessary beginning 
in fiscal year 1998 and for each succeeding fiscal year" and 
inserting "$1,500,000 for fiscal year 2000 and such sums as 
may be necessary for each of the three succeeding fiscal years". 
SEC. 1818. EFFECTIVE DATE. 
This title, and the amendments made by this title, shall take 
effect on October 1, 2000, or the date of the enactment of this 
Act, whichever occurs later. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the "Military 
Construction 
Authorization Act for Fiscal Year 2001". 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2000 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 1999 projects. 
Sec. 2107. Modification of authority to carry out fiscal year 1998 project. 
Sec. 2108. Authority to accept funds for realignment of certain military construction 
project, Fort Campbell, Kentucky. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Army: Inside the United States 
State 
Alabama 
Georgia 
Hawaii 
Installation or location 
Redstone Arsenal 
Fort Richardson 
Fort Huachuca 
Pine Bluff Arsenal 
Fort Irwin 
Presidio, Monterey 
Fort Benning 
Fort Gordon 
Pohakoula Training Facility 
Schofield Barracks 
Amount 
$39,000,000 
$3,000,000 
$4,600,000 
$2,750,000 
$31,000,000 
$2,600,000 
$15,800,000 
$2,600,000 
$32,000,000 
$43,800,000 
114 STAT. 1654A-390 
PUBLIC LAW 106-398—APPENDIX 
Army: Inside the United States—Continued 
State 
Kansas 
Kentucky 
Maryland 
Missouri 
New Jersey 
New York 
North Carolina 
Ohio 
Pennsylvania 
Texas 
Virginia 
Installation or location 
Fort Riley 
Fort Knox 
Fort Meade 
Fort Leonard Wood 
Picatinny Arsenal 
Fort Drum 
Sunny Point Army Terminal 
Columbus 
Carlisle Barracks 
New Cumberland Army Depot 
Fort Bliss 
Fort Hood 
Red River Army Depot 
Fort Evans 
Total: 
Amount 
$22,000,000 
$550,000 
$19,000,000 
$65,400,000 
$5,600,000 
$18,000,000 
$222,200,000 
$2,300,000 
$1,832,000 
$10,500,000 
$3,700,000 
$26,000,000 
$36,492,000 
$800,000 
$4,450,000 
$615,974,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out mihtary construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Army: Outside the United States 
Country 
Grermany 
Korea 
Puerto Rico 
Installation or location 
Area Support Group, Bamberg 
Area Support Group, Darmstadt 
Kaiserslautern 
Mannheim 
Camp Carroll 
Camp Hovey 
Camp Humphreys 
Camp Page 
Yongpyong 
Fort Buchanan 
Total: 
Amount 
$11,650,000 
$11,300,000 
$3,400,000 
$4,050,000 
$10,000,000 
$30,200,000 
$14,200,000 
$19,500,000 
$11,850,000 
$3,700,000 
$119,850,000 
(c) UNSPECIFIED WORLDWIDE.—^Using amounts appropriated 
pursuant 
to the authorization 
of appropriations 
in 
section 
2104(a)(3), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installation 
and location, and in the amount, set forth in the following table: 
Army: Unspecified Worldwide 
Location 
Unspecified Worldwide ... 
Installation 
Classified Location 
Amount 
$11,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(6)(A), the Secretary of the Army may construct or acquire 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-391 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Army: Family Housing 
State or Country 
Alaska 
Arizona 
California 
Hawaii 
Kentucky 
Maryland 
Missouri 
North Carolina 
South Carolina 
Virginia 
Puerto Rico 
Installation or loca-
tion 
Fort Wainwright 
Fort Huachuca 
Schofield Barracks .... 
Fort Campbell 
Fort Detrick 
Fort Leonard Wood ... 
Fort Bragg 
Fort Jackson 
Fort Bliss 
Fort Lee 
Camp Humphreys 
Fort Buchanan 
Total: 
Purpose 
75 Units 
110 Units 
24 Units 
72 Units 
184 Units 
48 Units 
24 Units 
160 Units 
1 Unit 
64 Units 
52 Units 
60 Units 
31 Units 
Amount 
$24,000,000 
$16,224,000 
$4,700,000 
$15,500,000 
$27,800,000 
$5,600,000 
$4,150,000 
$22,000,000 
$250,000 
$10,200,000 
$8,600,000 
$21,800,000 
$5,000,000 
$165,824,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2104(a)(6)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $6,542,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(6)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $63,590,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2000, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $1,925,344,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $419,374,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $119,850,000. 
(3) For a military construction project at an unspecified 
worldwide location authorized by section 2101(c), $11,000,000. 
(4) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $20,700,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$109,306,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $235,956,000. 
114 STAT. 1654A-392 
PUBLIC LAW 106-398—APPENDIX 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $971,704,000. 
(7) For the construction of phase IC of a barracks complex. 
Infantry Drive, Fort Riley, Kansas, authorized by section 
2101(a) of the Military Construction Act for Fiscal Year 1999 
(division B of Public Law 105-261; 112 Stat. 2182), $10,000,000. 
(8) For the construction of a railhead facility, Fort Hood, 
Texas, authorized by section 2101(a) of the Military Construc-
tion Authorization Act for Fiscal Year 1999 (112 Stat. 2182), 
as amended by section 2106 of this Act, $9,800,000. 
(9) For the construction of a chemical defense qualification 
facility, Pine Bluff Arsenal, Arkansas, authorized by section 
2101(a) of the Military Construction Authorization Act for Fis-
cal Year 2000 (division B of Public Law 106-65; 113 Stat. 
825), $2,592,000. 
(10) For the construction of phase IB of a barracks complex, 
Wilson Street, Schofield Barracks, Hawaii, authorized by sec-
tion 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2000 (113 Stat. 825), $22,400,000. 
(11) For the construction of phase 2B of a barracks complex, 
Tagaytay Street, Fort Bragg, North Carolina, authorized by 
section 2101(a) of the Military Construction Authorization Act 
for Fiscal Year 2000 (113 Stat. 825), $3,108,000. 
(12) For the construction of phase 2 of a tactical equipment 
shop. Fort Sill, Oklahoma, authorized by section 2101(a) of 
the Military Construction Authorization Act for Fiscal Year 
2000 (113 Stat. 825), $10,100,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variations 
authorized by law, the total cost of all projects carried out under 
section 2101 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $22,600,000 (the balance of the amount authorized 
under section 2101(a) for the construction of a Basic Training 
Complex at Fort Leonard Wood, Missouri); 
(3) $10,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of a Multipurpose Digital 
Training Range at Fort Hood, Texas); 
(4) $34,000,000 (the balance of the amount authorized 
under section 2101(a) for construction of phase I of a barracks 
complex, Longstreet Road, Fort Bragg, North Carolina); 
(5) $104,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction phase I of a barracks 
complex. Bunter Road, Fort Bragg, North Carolina); 
(6) $6,000,000 (the balance of the amount authorized under 
section 2101(a) for the construction of a battle simulation center 
at Fort Drum, New York); and 
(7) $20,000,000 (the balance of the amount authorized 
under section 2101(a) for the construction of Saddle Access 
Road, Pohakuloa Training Facility, Hawaii). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (12) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-393 
(1) $635,000, which represents the combination of savings 
resulting from adjustments to foreign currency exchange rates 
for mihtary construction outside the United States; and 
(2) $19,911,000 which represents the combination of sav-
ings resulting from adjustments to foreign currency exchange 
rates for military family housing construction and military 
family housing support outside the United States. 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECTS. 
(a) CONSTRUCTION PROJECTS INSIDE THE UNITED STATES.—The 
table in section 2101(a) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 106-65; 113 
Stat. 825) is amended— 
(1) in the item relating to Fort Stewart, Georgia, by striking 
"$71,700,000" 
in 
the 
amount 
column 
and 
inserting 
"$25,700,000"; 
(2) by striking the item relating to Fort Riley, Kansas; 
(3) in the item relating to CONUS Various, by striking 
"$36,400,000" 
in the 
amount 
column 
and 
inserting 
"$138,900,000"; and 
(4) by striking the amount identified as the total in the 
amount column and inserting "$1,059,250,000". 
(b) UNSPECIFIED MINOR CONSTRUCTION PROJECTS.—Subsection 
(a)(3) of section 2104 of the Military Construction Authorization 
Act for Fiscal Year 2000 (113 Stat. 826) is amended by striking 
"$9,500,000" and inserting "$14,600,000". 
(c) CONFORMING AMENDMENTS.^^ection 2104 of the Military 
Construction Authorization Act for Fiscal Year 2000 is further 
amended— 
(1) in the matter preceding subsection (a), by striking 
"$2,353,231,000" and inserting "$2,358,331,000"; and 
(2) in subsection (b), by striking paragraph (7) and inserting 
the following new paragraph: 
"(7) $102,500,000 (the balance of the amount authorized 
under section 2101(a) for Army construction and land acquisi-
tion projects covered under the item relating to CONUS Var-
ious, as amended by section 2105 of the Military Construction 
Authorization Act for Fiscal Year 2001). 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1999 PROJECTS. 
(a) MODIFICATION.—The table in section 2101 of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B 
of Public Law 105-261; 112 Stat. 2182) is amended— 
(1) in the item relating to Fort Hood, Texas, by striking 
"$32,500,000" 
in the 
amount 
column 
and 
inserting 
"$45,300,000"; 
(2) in the item relating to Fort Riley, Kansas, by striking 
"$41,000,000" 
in the 
amount 
column 
and 
inserting 
"$44,500,000"; and 
(3) by striking the amount identified as the total in the 
amount column and inserting "$785,081,000". 
(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (112 
Stat. 2184) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
"$2,098,713,000" and inserting "$2,111,513,000"; and 
114 STAT. 1654A-394 
PUBLIC LAW 106-398—APPENDIX 
(B) in paragraph (1), by striking "$609,781,000" and 
inserting "$622,581,000"; and 
(2) in subsection (b)(7), by striking "$24,500,000" and 
inserting "$28,000,000". 
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
1998 PROJECT. 
(a) MODIFICATION.—The table in section 2101(a) of the Military 
Construction Authorization Act for Fiscal Year 1998 (division B 
of Public Law 105-85; 111 Stat. 1967), as amended by section 
2105(a) of the Military Construction Authorization Act for Fiscal 
Year 1999 (division B of Public Law 105-261; 112 Stat. 2185), 
is amended— 
(1) in the item relating to Hunter Army Airfield, Fort 
Stewart, Georgia, by striking "$54,000,000" in the amount col-
umn and inserting "$57,500,000"; and 
(2) by striking the amount identified as the total in the 
amount column and inserting "$606,250,000". 
(b) CONFORMING AMENDMENT.—Section 2104(b)(5) of the MiU-
tary Construction Authorization Act for Fiscal Year 1998 (111 Stat. 
1969) is amended 
by striking "$42,500,000" and 
inserting 
"$46,000,000". 
SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF CER-
TAIN 
MILITARY 
CONSTRUCTION 
PROJECT, 
FORT 
CAMPBELL, KENTUCKY. 
(a) AUTHORITY TO ACCEPT FUNDS.—(1) The Secretary of 
the 
Army may accept funds from the Federal Highway Administration 
or the Commonwealth of Kentucky for purposes of funding all 
costs associated with the realignment of the military construction 
project involving a rail connector located at Fort Campbell, Ken-
tucky, as authorized in section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public Law 
104-201; 110 Stat. 2763). 
(2) Any funds accepted under paragraph (1) shall be credited 
to the account of the Department of the Army from which the 
costs of the realignment of the military construction project 
described in that paragraph are to be paid. 
(b) USE OF FUNDS.—(1) The Secretary may use funds accepted 
under subsection (a) for any costs associated with the realignment 
of the military construction project described in that subsection 
in addition to any amounts authorized and appropriated for the 
military construction project. 
(2) For purposes of paragraph (1), the costs associated with 
the realignment of the military construction project described in 
subsection (a) include redesign costs, additional construction costs, 
additional costs due to construction delays related to the realign-
ment, and additional real estate costs. 
(3) Funds accepted under subsection (a) shall remain available 
for use under paragraph (1) until expended. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-395 
Sec. 2205. Modification of authority to carry out fiscal year 1997 project at Marine 
Corps Combat Development Command, Quantico, Virginia. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(1), the Secretary of the Navy may acquire real property 
and carry out miUtary construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Navy: Inside the United States 
State 
Arizona 
CONUS Various 
District of Columbia 
Florida 
Hawaii 
Illinois 
Maine 
Maryland 
Mississippi 
Installation or location 
Marine Corps Air Station, Yuma 
Navy Detachment, Camp Navajo 
Marine Corps Air-Ground Combat 
Center, Twentynine Palms 
Marine Corps Air Station, Miramar .. 
Marine Corps Base, Camp Pendleton 
Marine Corps Logistics Base, Bar-
stow 
Naval Air Station, Lemoore 
Naval Air Warfare Center Weapons 
Division, Point Mugu 
Naval Aviation Depot, North Island .. 
Naval Facility, San Clemente Island 
Naval Postgraduate School, Monterey 
Naval Ship Weapons Systems Engi-
neering Station, Port Hueneme 
Naval Station, San Diego 
Naval Submarine Base, New London 
CONUS Various 
Marine Corps Barracks 
Naval District, Washington 
Naval Research Laboratory, Wash-
ington 
Naval Air Station, Whiting Field 
Naval 
Sxirface 
Warfare 
Center 
Wastal Systems Station, Panama 
City 
Naval Station, Mayport 
Naval Surface Warfare Center De-
tachment, Ft. Lauderdale 
Marine Corps Logistics Base, Albany 
Navy Supply Corps School, Athens .... 
Trident Refit Facility, Kings Bay 
Fleet Industrial Supply Center, Pearl 
Harbor 
Naval Undersea Weapons Station De-
tachment, Lualualei 
Marine Corps Air Station, Kaneohe .. 
Naval Station, Pearl Harbor 
Naval Training Center, Great Lakes 
Naval Air Station, Brunswick 
Naval Shipyard, Portsmouth 
Naval Explosive Ordinance Disposal 
Technology Center, Indian Head .... 
Naval Air Station, Patuxent River .... 
Naval Oceanographic Office, Stennis 
Amount 
$8,200,000 
$2,940,000 
$23,870,000 
$13,740,000 
$8,100,000 
$6,660,000 
$12,050,000 
$11,400,000 
$4,340,000 
$8,860,000 
$5,280,000 
$10,200,000 
$53,200,000 
$3,100,000 
$11,500,000 
$24,597,000 
$2,450,000 
$12,390,000 
$5,130,000 
$9,960,000 
$6,830,000 
$3,570,000 
$1,100,000 
$2,950,000 
$5,200,000 
$12,000,000 
$2,100,000 
$18,400,000 
$37,600,000 
$121,400,000 
$2,450,000 
$4,960,000 
$6,430,000 
$8,240,000 
$4,700,000 
$6,950,000 
114 STAT. 1654A-396 
PUBLIC LAW 106-398—APPENDIX 
Navy: Inside the United States—Continued 
State 
Nevada 
New Jersey 
North Carolina 
Pennsylvania 
Rhode Island 
South Carolina 
Virginia 
. 
1 -
Washington 
Installation or location 
Naval Air Station, Fallon 
Naval Weapons Station, Earle 
Marine Corps Air Station, Cherry 
Point 
Marine Corps Air Station, New River 
Marine Corps Base, Camp Lejeune ... 
Naval Aviation Depot, Cherry Point .. 
Naval Surface Warfare Center Ship-
yard Systems Engineering Station, 
Philadelphia 
Naval Undersea Warfare Center Di-
vision, Newport 
Marine Corps Air Station, Beaufort .. 
Meuine Corps Recruit Depot, Parris 
Island 
Naval Air Station, Corpus Christi 
Naval Air Station, Kingsville 
Naval Station, Ingleside 
AEGIS Combat Systems Center, Wal-
lops Island 
Marine Corps Combat Development 
Command, Quantico 
Naval Air Station, Norfolk 
Naval Air Station, Oceana 
Naval Amphibious Base, Little Creek 
Naval Shipyard, Norfolk, Portsmouth 
Naval Station, Norfolk 
Naval Siuface Warfare Center, Dahl-
gren 
Naval Shipyard, Bremerton, Puget 
Sound 
Naval Station, Bremerton 
Naval Station, Everett 
Naval Submarine Base, Bangor 
Strategic Weapons Facility Pacific, 
Bremerton 
Total: 
Amount 
$6,280,000 
$2,420,000 
$8,480,000 
$3,400,000 
$45,870,000 
$7,540,000 
$10,680,000 
$4,150,000 
$3,140,000 
$2,660,000 
$4,850,000 
$2,670,000 
$2,420,000 
$3,300,000 
$8,590,000 
$31,450,000 
$5,250,000 
$2,830,000 
$16,100,000 
$4,700,000 
$30,700,000 
$100,740,000 
$11,930,000 
$5,500,000 
$4,600,000 
$1,400,000 
$811,497,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(a)(2), the Secretary of the Navy may acquire real property 
and carry out military construction projects for the locations outside 
the United States, and in the amounts, set forth in the following 
table: 
Navy: Outside the United States 
Country 
Italy 
Various Locations 
Installation or location 
Administrative Support Unit 
Naval Air Station, Sigonella 
Naval Support Activity, Naples 
Host Nation Infrastructure Support .. 
Total: 
Amount 
$19,400,000 
$32,969,000 
$15,000,000 
$142,000 
$67,511,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-397 
2204(a)(5)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition) at the installa-
tions, for the purposes, and in the amounts set forth in the following 
table: 
Navy: Family Housing 
State 
California 
Hawaii 
Louisiana 
Maine 
Mississippi 
Washington 
Installation or location 
Marine Corps Air-
Ground Combat Cen-
ter, Twentynine Palms 
Naval Air Station, 
Lemoore 
Commander Naval Base, 
Pearl Harbor 
Commander Naval Base, 
Pearl Harbor 
Commander Naval Base, 
Pearl Harbor 
Marine Corps Air Sta-
tion, Kaneohe Bay 
Naval Air Station, New 
Orleans 
Naval Air Station, 
Brunswick 
Naval Construction Bat-
talion Center, Gulfport 
Naval Air Station, 
Whidbey Island 
Purpose 
79 Units 
260 Units .... 
112 Units .... 
62 Units 
98 Units 
84 Units 
34 Units 
168 Units .... 
157 Units .... 
98 Units 
Total: 
Amount 
$13,923,000 
$47,871,000 
$23,654,000 
$14,237,000 
$22,230,000 
$21,910,000 
$5,000,000 
$18,722,000 
$20,700,000 
$16,873,000 
$205,120,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2204(a)(5)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of military family hous-
ing units in an amount not to exceed $19,958,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(5)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $193,077,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2000, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Navy in the total amount of 
$2,227,995,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $750,257,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $67,511,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $11,659,000. 
114 STAT. 1654A-398 
PUBLIC LAW 106-398—APPENDIX 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$73,335,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning cind 
design, and improvement of military family housing and 
facilities, $418,155,000. 
(B) For support of military housing (including functions 
described in section 2833 of title 10, United States Code), 
$882,638,000. 
(6) For construction of a berthing wharf at Naval Air Sta-
tion, North Island, California, authorized by section 2201(a) 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106-65; 113 Stat. 828), 
$12,800,000. 
(7) For construction of the Commander-in-Chief Head-
quarters, Pacific Command, Camp H.M. Smith, Hawaii, author-
ized by section 2201(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2000, $35,600,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2201 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); 
(2) $17,500,000 (the balance of the amoimt authorized 
under section 2201(a) for repair of a pier at Naval Station, 
San Diego, California); 
(3) $24,460,000 (the balance of the amount authorized 
under section 2201(a) for replacement of a pier at Naval Ship-
yard, Bremerton, Puget Sound, Washington); and 
(4) $10,280,000 (the balance of the amount authorized 
under section 2201(a) for construction of an industrial skills 
center at Naval Shipyard, Bremerton, Puget Sound, Washing-
ton). 
(c) ADJUSTMENTS.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (7) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by— 
(1) $2,889,000, which represents the combination of savings 
resulting from adjustments to foreign currency exchange rates 
for military construction outside the United States; 
(2) $20,000,000, which represents the combination of project 
savings in military construction resulting from favorable bids, 
reduced overhead charges, and cancellations due to force struc-
ture changes; and 
(3) $1,071,000, which represents the combination of savings 
resulting from adjustments to foreign currency exchange rates 
for military family housing support outside the United States. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
1997 PROJECT AT MARINE CORPS COMBAT DEVELOP-
MENT COMMAND, QUANTICO, VIRGINIA. 
The Secretary of the Navy may carry out a military construction 
project involving infrastructure development at the Marine Corps 
Combat Development Command, Quantico, Virginia, in the amount 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-399 
of $8,900,000, using amounts appropriated pursuant to the 
authorization of appropriations in section 2204(a)( 1) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Public Law 104-201; 110 Stat. 2769) for a military construction 
project involving a sanitary landfill at that installation, as author-
ized by section 2201(a) of that Act (110 Stat. 2767) and extended 
by section 2702 of the Military Construction Authorization Act 
for Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 
842) and section 2703 of this Act. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations. Air Force. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(1), the Secretary of the Air Force may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Air Force: Inside the United States 
State 
Alabama 
Arizona 
Arkansas 
California 
Colorado 
CONUS Classified 
District of Columbia ..,. 
Florida 
CJeorgia 
Hawaii 
Louisiana 
Massachusetts 
Mississippi 
Missouri 
Installation or location 
Maxwell Air Force Base 
Cape Romanzof 
Eielson Air Force Base 
Elmendorf Air Force Base 
Davis-Monthan Air Force Base 
Little Rock Air Force Base 
Beale Air Force Base 
Los Angeles Air Force Base 
Vandenberg Air Force Base 
Buckley Air National Guard Base 
Peterson Air Force Base 
Schriever Air Force Base 
United States Air Force Academy 
Classified Location 
Boiling Air Force Base 
Eglin Air Force Base 
Eglin Auxiliary Field 9 
Patrick Air Force Base 
Tyndall Air Force Base 
Fort Stewart/Hunter Army Air Field 
Moody Air Force Base 
Robins Air Force Base 
Hickam Air Force Base 
Mountain Home Air Force Base 
Scott Air Force Base 
McConnell Air Force Base 
Barksdale Air Force Base 
Hanscom Air Force Base 
Columbus Air Force Base 
Keesler Air Force Base 
Whiteman Air Force Base 
Malmstrom Air Force Base 
Amount 
$3,825,000 
$3,900,000 
$40,990,000 
$35,186,000 
$7,900,000 
$18,319,000 
$10,099,000 
$6,580,000 
$4,650,000 
$2,750,000 
$22,396,000 
$8,450,000 
$18,960,000 
$1,810,000 
$4,520,000 
$8,940,000 
$7,960,000 
$12,970,000 
$31,495,000 
$4,920,000 
$11,318,000 
$15,857,000 
$4,620,000 
$10,125,000 
$3,830,000 
$11,864,000 
20,464,000 
$12,000,000 
$4,828,000 
$15,040,000 
$12,050,000 
$11,179,000 
114 STAT. 1654A-400 
PUBLIC LAW 106-398—APPENDIX 
Air Force: Inside tlie United States—Continued 
State 
New Jersey 
New Mexico 
North Carolina 
Ohio 
Oklahoma 
South Carolina 
South Dakota 
Texas 
Utah 
Virginia 
Washington 
Wyoming 
Installation or location 
McGuire Air Force Base 
Cannon Air Force Base 
HoUoman Air Force Base 
Kirtland Air Force Base 
Pope Air Force Base 
Seymour Johnson Air Force Base 
Wright-Patterson Air Force Base 
Altus Air Force Base 
Tinker Air Force Base 
Vance Air Force Base 
Charleston Air Force Base 
Shaw Air Force Base 
Ellsworth Air Force Base 
Dyess Air Force Base 
Lackland Air Force Base 
Laughlin Air Force Base 
Sheppard Air Force Base 
Hill Air Force Base 
Langley Air Force Base 
Fairchild Air Force Base 
McChord Air Force Base 
F.E. Warren Air Force Base 
Total: 
Amount 
$29,772,000 
$4,934,000 
$18,380,000 
$7,350,000 
$24,570,000 
$7,141,000 
$37,508,000 
$2,939,000 
,895,000 
$10,504,000 
$22,238,000 
$8,102,000 
$10,290,000 
$24,988,000 
$10,330,000 
$11,973,000 
$6,450,000 
$28,050,000 
$19,650,000 
$7,926,000 
$10,250,000 
$25,720,000 
$745,755,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
pursuant 
to the 
authorization 
of 
appropriations 
2304(a)(2), the Secretary of the Air Force may acquire 
and carry out miHtary construction projects for the 
and locations outside the United States, and in the 
forth in the following table: 
Air Force: Outside the United States 
appropriated 
in 
section 
real property 
installations 
amounts, set 
Country 
Diego Garcia 
Italy 
Korea 
Spain 
Installation or location 
Diego Garcia 
Aviano Air Base 
Kunsan Air Base 
Osan Air Base 
Naval Station, Rota 
Incirlik Air Base 
Total: 
Amount 
$5,475,000 
$8,000,000 
$6,400,000 
$21,948,000 
$5,052,000 
$1,000,000 
$47,875,000 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(a)(5)(A), the Secretary of the Air Force may construct or 
acquire family housing units (including land acquisition) at the 
installations, for the purposes, and in the amounts set forth in 
the following table: 
Air Force: Family Housing 
State 
Installation or loca-
tion 
Edwards Air Force 
Base 
Purpose 
57 Units 
Amount 
$9,870,000 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-401 
Air Force: Family Housing—Continued 
State 
District of Columbia ... 
Idaho 
Nevada 
North Dakota 
Installation or loca-
tion 
Travis Air Force Base 
Boiling Air Force 
Base. 
Mountain Home Air 
Force Base 
Nellis Air Force Base 
Cavalier Air Force 
Station 
Minot Air Force Base 
Purpose 
64 Units 
136 Units 
119 Units 
26 Units 
2 Units 
134 Units 
Total: 
Amount 
$9,870,000 
$17,137,000 
$10,598,000 
$5,000,000 
$443,000 
$19,097,000 
$72,015,000 
(b) 
PLANNING 
AND DESIGN.—Using amounts 
appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2304(a)(5)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of military family 
housing units in an amount not to exceed $12,760,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(5)(A), the Secretary of the Air Force 
may improve existing military family housing units in an amount 
not to exceed $174,046,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2000, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total amount 
of $1,943,069,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $736,355,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $47,875,000. 
(3) For unspecified minor construction projects authorized 
by section 2805 of title 10, United States Code, $11,350,000. 
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$74,628,000. 
(5) For military housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $258,821,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $826,271,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2301 of this Act may not exceed— 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
114 STAT. 1654A-402 
PUBLIC LAW 106-398—APPENDIX 
(2) $9,400,000 (the balance of the amount authorized under 
section 2301(a) for the construction of an air freight terminal 
and base supply complex at McGuire Air Force Base, New 
Jersey). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (5) of subsection (a) 
is the sum of the amounts authorized to be appropriated in such 
paragraphs, reduced by $12,231,000, which represents the combina-
tion of savings resulting from adjustments to foreign currency 
exchange rates for military family housing construction and military 
family housing support outside the United States. 
TITLE XXIV—DEFENSE AGENCIES 
Sec.2401.Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 1990 project. 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant 
to the 
authorization 
of appropriations 
in 
section 
2403(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations inside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Inside the United States 
Agency 
Chemical Demilitariza-
tion 
Defense Education Activ-
ity 
Defense Logistics Agency 
National Security Agency 
Special Operations Com-
mand 
Installation or location 
Aberdeen Proving Ground 
Camp Lejeune, North CaroUna 
Laurel Bay, South Carolina 
Defense Distribution Depot Susque-
hanna, New Cumberland, Pennsyl-
vania 
Defense Fuel Support Point, Cherry 
Point, North Carolina 
Defense Fuel Support Point, MacDill 
Air Force Base, Florida 
Defense Fuel Support Point, McCon-
nell Air Force Base, Kansas 
Defense Fuel Support Point, Naval 
Air Station, Fallon, Nevada 
Defense Fuel Support Point, North 
Island, California 
Defense Fuel Support Point, Oceana 
Naval Air Station, Virginia 
Defense Fuel Support Point, Patux-
ent River, Maryland 
Defense 
Fuel 
Support 
Point, 
Twentynine Palms, California 
Defense Supply Center, Richmond, 
Virginia 
Fort Meade, Maryland 
Eglin Auxiliary Field 9, Florida 
Amount 
$3,100,000 
$5,914,000 
$804,000 
$17,700,000 
$5,700,000 
$16,956,000 
$11,000,000 
$5,000,000 
$5,900,000 
$2,000,000 
$8,300,000 
$2,200,000 
$4,500,000 
$4,228,000 
$23,204,000 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-403 
Defense ^ e n c i e s : Inside the United States—Continued 
Agency 
TRICARE Management 
Activity 
Installation or location 
Fleet Combat Training Center, Dam 
Neck, Virginia 
Fort Bragg, North Carolina 
Fort Campbell, Kentucky 
Naval Air Station, North 
Island, 
California 
Naval Air Station, Oceana, Virginia .. 
Naval Amphibious Base, Coronado, 
California 
Naval 
Amphibious 
Base, 
Little 
Creek, Virginia 
Pearl Harbor, Hawaii 
Edwards Air Force Base, California .. 
Marine Corps Base, Camp Pendleton, 
Eglin Air Force Base, Florida 
Fort Drum, New York 
Patrick Air Force Base, Florida 
Tyndall Air Force Base, Florida 
William Beaumont Medical Center, 
Texas 
Total: 
Amount 
$5,500,000 
$8,600,000 
$16,300,000 
$1,350,000 
$3,400,000 
$4,300,000 
$5,400,000 
$9,900,000 
$17,900,000 
$14,150,000 
$37,600,000 
$1,400,000 
$2,700,000 
$7,700,000 
$4,200,000 
$256,906,000 
(b) OUTSIDE THE UNITED STATES.—^Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
and locations outside the United States, and in the amounts, set 
forth in the following table: 
Defense Agencies: Outside the United States 
Agency 
Installation or location 
Amount 
Defense Education Activ-
ity 
Defense Finance and Ac-
counting Service 
Defense Logistics Agency 
Hanau, Germany 
Hohenfels, Germany 
Osan, Korea 
Royal Air Force, Feltwell, United 
Kingdom 
Royal Air Force, Lakenheath, United 
Kingdom 
Schweinfurt, Germany 
Seoul, Korea 
Sigonella, Italy 
Taegu, Korea 
Wuerzbtirg, Germany 
Kleber Kaserne, Germany 
Defense Fuel Support Point, Ander-
sen Air Force Base, Guam 
Defense Fuel Support Point, Marine 
Corps Air Station, Iwakuni, Japan 
Defense Fuel Support Point, Misawa 
Air Base, Japan 
Defense Fuel Support Point, Royal 
Air Force, Mildenhall, United King-
dom 
$2,030,000 
$13,774,000 
$892,000 
$1,800,000 
$5,650,000 
$1,750,000 
$2,451,000 
$3,450,000 
$806,000 
$2,635,000 
$7,500,000 
$36,000,000 
$22,400,000 
$26,400,000 
$10,000,000 
114 STAT. 1654A-404 
PUBLIC LAW 106-398—APPENDIX 
Defense Agencies: Outside the United States—Continued 
Agency 
Defense Threat Reduc-
tion Agency 
Special Operations Com-
mand 
TRICARE Management 
Agency 
Installation or location 
Defense 
Fuel 
Support 
Point, 
Sigonella, Italy 
Darmstadt, Germany 
Roosevelt Roads, Puerto Rico 
Taegu, Korea 
Kitzingen, Germany 
Wiesbaden Air Base, Germany 
Total: 
Amount 
$16,300,000 
$2,450,000 
$1,241,000 
$1,450,000 
$1,400,000 
$7,187,000 
$167,566,000 
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(3), the Secretary of Defense may acquire real property 
and carry out miHtary construction projects for the installations 
and locations, and in the amounts, set forth in the following table: 
Defense ^ e n c i e s : Unspecified Worldwide 
Location 
Unspecified Worldwide ... 
Installation 
Amount 
$451,135,000 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)('7), the Secretary of Defense may 
carry out energy conservation projects under section 2865 of title 
10, United States Code, in the amount of $15,000,000. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Subject to subsection (c), funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 30, 2000, for military construction, land acquisition, 
and military family housing functions of the Department of Defense 
(other than the military departments), in the total amount of 
$1,883,902,000 as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $256,906,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $167,566,000. 
(3) For military construction projects at unspecified world-
wide locations authorized by section 2401(c), $85,095,000. 
(4) For unspecified minor construction projects under sec-
tion 2805 of title 10, United States Code, $17,390,000. 
(5) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$6,000,000. 
(6) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$77,505,000. 
(7) For energy conservation projects authorized by section 
2402 of this Act, $15,000,000. 
(8) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-405 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
2687 note), $1,024,369,000. 
(9) For military family housing functions, for support of 
military housing (including functions described in section 2833 
of title 10, United States Code), $44,886,000 of which not more 
than $38,478,000 may be obligated or expended for the leasing 
of military family housing units worldwide. 
(10) For the construction of an ammunition demilitarization 
facility, Pine Bluff Arsenal, Arkansas, authorized by section 
2401(a) of the Military Construction Authorization Act for Fis-
cal Year 1995 (division B of Public Law 103-337; 108 Stat. 
3040), as amended by section 2407 of the Military Construction 
Authorization Act for Fiscal Year 1996 (division B of Public 
Law 104-106; 110 Stat. 539), section 2408 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division 
B of Public Law 105-85; 111 Stat. 1982), and section 2406 
of the Military Construction Authorization Act for Fiscal Year 
1999 (division B of Public Law 105-261; 112 Stat. 2197), 
$43,600,000. 
(11) For the construction of phase 6 of an ammunition 
demilitarization facility, Umatilla Army Depot, Oregon, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1995, as amended by section 2407 
of the Military Construction Authorization Act for Fiscal Year 
1996, section 2408 of the Military Construction Authorization 
Act for Fiscal Year 1998, and section 2406 of the Military 
Construction 
Authorization 
Act 
for 
Fiscal 
Year 
1999, 
$9,400,000. 
(12) For the construction of phase 2 of an ammunition 
demilitarization facility, Pueblo Army Depot, Colorado, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1997 (division B of Public Law 104-
201; 110 Stat. 2775), as amended by section 2406 of the Military 
Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106-65; 113 Stat. 839), $10,700,000. 
(13) For the construction of phase 3 of an ammunition 
demilitarization facility, Newport Army Depot, Indiana, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 1999 (112 Stat. 2193), $54,400,000. 
(14) For the construction of phase 3 of an ammunition 
demilitarization facility, Aberdeen Proving Ground, Maryland, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1999, $45,700,000. 
(15) For construction of a replacement hospital at Fort 
Wainwright, Alaska, authorized by section 2401(a) of the Mili-
tary Construction Authorization Act for Fiscal Year 2000 (113 
Stat. 836), $44,000,000. 
(16) For the construction of the Ammunition Demilitariza-
tion Support Phase 2, Blue Grass Army Depot, Kentucky, 
authorized by section 2401(a) of the Military Construction Act 
for Fiscal Year 2000, $8,500,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variations 
authorized by law, the total cost of all projects carried out under 
section 2401 of this Act may not exceed— 
114 STAT. 1654A-406 
PUBLIC LAW 106-398—APPENDIX 
(1) the total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a); and 
(2) $366,040,000 (the balance of the amount authorized 
under section 2401(c) for construction of National Missile 
Defense Initial Deployment Facilities, Unspecified Worldwide 
locations). 
(c) ADJUSTMENT.—The total amount authorized to be appro-
priated pursuant to paragraphs (1) through (16) of subsection (a) 
is the sum of the amounts authorized to be appropriated by such 
paragraphs, reduced by— 
(1) $7,115,000, which represents the combination of savings 
resulting from adjustments to foreign currency exchange rates 
for military construction outside the United States; and 
(2) $20,000,000, which represents the combination of project 
savings in military construction for chemical demilitarization 
resulting from favorable bids, reduced overhead charges, and 
cancellations due to force structure changes. 
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1990 PROJECT. 
(a) MODIFICATION.—Section 2401(a) of the Military Construction 
Authorization Act for Fiscal Years 1990 and 1991 (division B of 
Public Law 101-189), as amended by section 2407 of the Military 
Construction Authorization Act for Fiscal Year 1999 (division B 
of PubUc Law 105-261; 112 Stat. 2197), is amended in the item 
relating to Portsmouth Naval Hospital, Virginia, by striking 
"$351,354,000" and inserting "$359,854,000". 
(b) CONFORMING AMENDMENT.—Section 2405(b)(2) of the Mili-
tary Construction Authorization Act for Fiscal Years 1990 and 
1991, as amended by section 2407 of the Military Construction 
Authorization Act for Fiscal Year 1999, is amended by striking 
"$342,854,000" and inserting "$351,354,000". 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2000, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-407 
for the North Atlantic Treaty Organization Security Investment 
program authorized by section 2501, in the amount of $172,000,000. 
TITLE XXVI—GUARD AND RESERVE 
FACILITIES 
Sec. 2601. Authorized Guard and Reserve construction and land acquisition projects. 
Sec. 2602. Authority to contribute to construction of airport tower, Cheyenne Airport, 
Cheyenne, Wyoming. 
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
There are authorized to be appropriated for fiscal years begin-
ning after September 30, 2000, for the costs of acquisition, architec-
tural and engineering services, and construction of facilities for 
the Guard and Reserve Forces, and for contributions therefor, under 
chapter 1803 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), the following amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$266,531,000; and 
(B) for the Army Reserve, $108,738,000. 
(2) For the Department of the Navy, for the Naval and 
Marine Corps Reserve, $62,073,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$194,929,000; and 
(B) for the Air Force Reserve, $36,591,000. 
SEC. 2602. AUTHORITY TO CONTRIBUTE TO CONSTRUCTION OF AIR-
PORT 
TOWER, 
CHEYENNE 
AIRPORT, 
CHEYENNE, 
WYOMING. 
The Secretary of the Air Force may use up to $1,450,000 
of the amounts appropriated pursuant to the authorization of appro-
priations in section 2601(3)(A) to make a contribution to the Chey-
enne Airport Authority, consistent with applicable agreements, to 
the costs of construction of a new airport tower at Cheyenne Airport, 
Cheyenne, Wyoming. 
TITLE XXVII—EXPIRATION AND 
EXTENSION OF AUTHORIZATIONS 
Sec. 2701. Expiration of authorizations and amounts required to be specified by law. 
Sec. 2702. Extension of authorizations of certain fiscal year 1998 projects. 
Sec. 2703. Extension of authorizations of certain fiscal year 1997 projects. 
Sec. 2704. Effective date. 
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVI for military construction projects, land 
acquisition, family housing projects and facilities, and contributions 
to the North Atlantic Treaty Organization Security Investment 
program (and authorizations of appropriations therefor) shall expire 
on the later o
f
— 
(1) October 1, 2003; or 
79-194 O - 00 - 15 : QL 3 Part 3 
114 STAT. 1654A-408 
PUBLIC LAW 106-398—APPENDIX 
(2) the date of the enactment of an Act authorizing funds 
for mihtary construction for fiscal year 2004. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor) for which appropriated funds have 
been obligated before the later o
f
— 
(1) October 1, 2003; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2004 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program. 
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1998 PROJECTS. 
(a) EXTENSION.—^Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1998 (division B 
of Public Law 105-85; 111 Stat. 1984), authorizations set forth 
in the tables in subsection (b), as provided in section 2102, 2202, 
or 2302 of that Act, shall remain in effect until October 1, 2001, 
or the date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2002, whichever is later. 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
Army: Extension of 1998 Project Authorizations 
State 
Maryland 
Texas 
Installation or loca-
tion 
Fort Meade 
Fort Hood 
Project 
Family Housing 
Construction 
(56 units) 
Family Housing 
Construction 
(130 units) .... 
Amount 
$7,900,000 
$18,800,000 
Navy: Extension of 1998 Project Authorizations 
State 
California 
California 
California 
Installation or loca-
tion 
Naval Complex, San 
Diego 
Marine Corps Air 
Station, Miramar ... 
Marine Corps Air-
Ground Combat 
Center, Twentynine 
Palms 
Project 
Replacement 
FamUy Hous-
ing Construc-
tion (94 
units) 
Family Housing 
Construction 
(166 units) .... 
Replacement 
Family Hous-
ing Construc-
tion (132 
units) 
Amount 
$13,500,000 
$28,881,000 
$23,891,000 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-409 
Navy: Extension of 1998 Project Authorizations—Continued 
State 
Louisiana 
Texas 
Washington 
Installation or loca-
tion 
Naval Complex, New 
Orleans 
Naval Air Station, 
Corpus Christi 
Naval Air Station, 
Whidbey Island 
Project 
Replacement 
Family Hous-
ing Construc-
tion (100 
units) 
Family Housing 
Construction 
(212 units) .... 
Replacement 
Family Hous-
ing Construc-
tion (102 
units) 
Amount 
$11,930,000 
$22,250,000 
$16,000,000 
Air Force: Extension of 1998 Project Authorizations 
State 
New Mexico 
Texas 
InstaUation or loca-
tion 
Robins Air Force 
Mountain Home Air 
Force Base 
Kirtland Air Force 
Dyess Air Force Base 
Project 
Replace Family 
Housing (60 
units) 
Replace Family 
Housing (60 
units) 
Replace Family 
Housing (180 
units) 
Construct Fam-
ily Housing 
(70 units) 
Amount 
$6,800,000 
$11,032,000 
$20,900,000 
$10,503,000 
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
1997 PROJECTS. 
(a) EXTENSION.—^Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Public Law 104^201; 110 Stat. 2782), authorizations set forth 
in the tables in subsection (b), as provided in section 2201, 2202, 
or 2601 of that Act and extended by section 2702 of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106-65; 113 Stat. 842), shall remain in effect until 
October 1, 2001, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2002, whichever is 
later. 
(b) TABLES.—^The tables referred to in subsection (a) are as 
follows: 
114 STAT. 1654A-410 
PUBLIC LAW 106-398—APPENDIX 
Navy: Extension of 1997 Project Authorizations 
State 
Florida 
North Carolina 
South Carolina 
Texas 
Washington 
Installation or loca-
tion 
Navy Station, 
Mayport 
Marine Corps Base, 
Camp Lejuene 
Marine Corps Air 
Station, Beaufort ... 
Naval Complex, Cor-
pus Christi 
Naval Air Station, 
Kingsville 
Marine Corps Combat 
Development Com-
mand, Quantico 
Naval Station, Ever-
ett 
Project 
Family Housing 
Construction 
(100 units) .... 
Family Housing 
Construction 
(94 units) 
Family Housing 
Construction 
(140 units) .... 
Family Housing 
Replacement 
(104 units) .... 
Family Housing 
Replacement 
(48 units) 
Sanitary land-
fill 
Family Housing 
Construction 
(100 units) .... 
Amount 
$10,000,000 
$10,110,000 
$14,000,000 
$11,675,000 
$7,550,000 
$8,900,000 
$15,015,000 
Army National Guard: Extension of 1997 Project Authorization 
State 
Mississippi 
Installation or loca-
tion 
Camp Shelby 
Project 
Multipurpose 
Range Com-
plex (Phase 
II) 
Amount 
$5,000,000 
SEC. 2704. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 
effect on the later o
f
— 
(1) October 1,2000; or 
(2) the date of the enactment of this Act. 
TITLE XXVIII—GENERAL PROVISIONS 
SUBTITLE A—MILITARY CONSTRUCTION PROGRAM AND MILITARY FAMILY HOUSING 
CHANGES 
Sec. 2801. Joint use military construction projects. 
Sec. 2802. Exclusion of certain costs from determination of applicability of limitation 
on use of funds for improvement of family housing. 
Sec. 2803. Revision of space limitations for military family housing. 
Sec. 2804. Modification of lease authority for high-cost military family housing. 
Sec. 2805. Provision of utilities and services under alternative authority for acquisi-
tion and improvement of military housing. 
Sec. 2806. Extension of alternative authority for acquisition and improvement of mili-
tary housing. 
Sec. 2807. Expansion of definition of armory to include readiness centers. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-411 
SUBTITLE B—REAL PROPERTY AND FACILITIES ADMINISTRATION 
Sec. 2811. Increase in threshold for notice and wait requirements for real property 
transactions. 
Sec. 2812. Enhancement of authority of military departments to lease non-excess 
property. 
Sec. 2813. Conveyance authority regarding utility systems of military departments. 
Sec. 2814. Permanent conveyance authority to improve property management. 
SUBTITLE C—DEFENSE BASE CLOSURE AND REALIGNMENT 
Sec. 2821. Scope of agreements to transfer property to redevelopment authorities 
without consideration under the base closure laws. 
SUBTITLE D—LAND CONVEYANCES 
PART I—^ARMY CONVEYANCES 
Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois. 
Sec. 2832. Land conveyance. Army Reserve Center, Galesburg, IlUnois. 
Sec. 2833. Land conveyance, Charles Melvin Price Support Center, Illinois. 
Sec. 2834. Land conveyance. Fort Riley, Kansas. 
Sec. 2835. Land conveyance. Fort Polk, Louisiana. 
Sec. 2836. Land conveyance, Army Reserve Center, Winona, Minnesota. 
Sec. 2837. Land conveyance. Fort Dix, New Jersey. 
Sec. 2838. Land conveyance, Nike Site 43, Elrama, Pennsylvania. 
Sec. 2839. Land exchange. Army Reserve Local Training Center, Chattanooga, Ten-
nessee. 
Sec. 2840. Land exchange, Fort Hood, Texas. 
Sec. 2841. Land conveyance. Fort Pickett, Virginia. 
Sec. 2842. Land conveyance. Fort Lawton, Washington. 
Sec. 2843. Land conveyance, Vancouver Barracks, Washington. 
PART II—^NAVY CONVEYANCES 
Sec. 2846. Modification of land conveyance. Marine Corps Air Station, El Toro, Cah-
fomia. 
Sec. 2847. Modification of authority for Oxnard Harbor District, Port Hueneme, Cali-
fornia, to use certain Navy property. 
Sec. 2848. Transfer of jurisdiction. Marine Corps Air Station, Miramar, California. 
Sec. 2849. Land exchange. Marine Corps Recruit Depot, San Diego, California. 
Sec. 2850. Lease of property. Naval Air Station, Pensacola, Florida. 
Sec. 2851. Land conveyance. Naval Reserve Center, Tampa, Florida. 
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, Casco Bay, 
Maine. 
Sec. 2853. Land conveyance. Naval Computer and Telecommunications Station, Cut-
ler, Maine. 
Sec. 2854. Modification of land conveyance authority, former Naval Training Center, 
Bainbridge, Cecil County, Maryland. 
Sec. 2855. Land conveyance. Marine Corps Base, Camp Lejeune, North Carolina. 
Sec. 2856. Land exchange. Naval Air Reserve Center, Columbus, Ohio. 
Sec. 2857. Land conveyance. Naval Station, Bremerton, Washington. 
PART I I I ^ A I R FORCE CONVEYANCES 
Sec. 2861. Land conveyance, Los Angeles Air Force Base, California. 
Sec. 2862. Land conveyance. Point Arena Air Force Station, California. 
Sec. 2863. Land conveyance, Lowry Air Force Base, Colorado. 
Sec. 2864. Land conveyance, Wright-Patterson Air Force Base, Ohio. 
Sec. 2865. Modification of land conveyance, Ellsworth Air Force Base, South Dakota. 
Sec. 2866. Land conveyance, Mukilteo Tank Farm, Everett, Washington. 
PART FV—OTHER CONVEYANCES 
Sec. 2871. Land conveyance. Army and Air Force Exchange Service property, Farm-
ers Branch, Texas. 
Sec. 2872. Land conveyance, former National Ground InteUigence Center, Charlottes-
ville, Virginia. 
SUBTITLE E—OTHER MATTERS 
Sec. 2881. Relation of easement authority to leased parkland. Marine Corps Base, 
Camp Pendleton, California. 
Sec. 2882. Extension of demonstration project for purchase of fire, security, police, 
public works, and utility services from local government agencies. 
Sec. 2883. Acceptance and use of gifts for construction of third building at United 
States Air Force Museum, Wright-Patterson Air Force Base, Ohio. 
114 STAT. 1654A-412 
PUBLIC LAW 106-398—APPENDIX 
Sec. 2884. Development of Marine Corps Heritage Center at Marine Corps Base, 
Quantico, Virginia. 
Sec. 2885. Activities relating to greenbelt at Fallon Naval Air Station, Nevada. 
Sec. 2886. Establishment of World War II memorial on Guam. 
Sec. 2887. Naming of Army missile testing range at Kwajalein Atoll as the Ronald 
Reagan Ballistic Missile Defense Test Site at Kwajalein Atoll. 
Sec. 2888. Designation of building at Fort Belvoir, Virginia, in honor of Andrew 
T. McNamara. 
Sec. 2889. Designation of Balboa Naval Hospital, San Diego, California, in honor of 
Bob Wilson, a former member of the House of Representatives. 
Sec. 2890. Sense of Congress regarding importance of expansion of National Training 
Center, Fort Irwin, California. 
Sec. 2891. Sense of Congress regarding land transfers at Melrose Range, New Mex-
ico, and Yakima Training Center, Washington. 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS. 
(a) SENSE OF CONGRESS ON JOINT USE PROJECTS.—It is 
the 
sense of Congress that when the Secretary of Defense assists the 
President in preparing the budget for the Department of Defense 
for a fiscal year for submission to Congress under section 1105 
of title 31, United States Code, the Secretary of Defense should— 
(1) seek to identify military construction projects that are 
suitable as joint use military construction projects; 
(2) specify in the budget for the fiscal year the military 
construction projects that are identified under paragraph (1); 
and 
(3) give priority in the budget for the fiscal year to the 
military construction projects specified under paragraph (2). 
(b) ANNUAL EVALUATION OF JOINT USE PROJECTS.—(1) Sub-
chapter I of chapter 169 of title 10, United States Code, is amended 
by adding at the end the following new section: 
''§2815. Joint use military construction projects: annual 
evaluation 
"(a) JOINT USE MILITARY CONSTRUCTION PROJECT DEFINED.— 
In this section, the term 'joint use military construction project' 
means a military construction project for a facility intended to 
be used by— 
"(1) both the active and a reserve component of a single 
armed force; or 
"(2) two or more components (whether active or reserve 
components) of the armed forces. 
"(b) ANNUAL EVALUATION.—In the case of the budget submitted 
under section 1105 of title 31 for fiscal year 2003 and each fiscal 
year thereafter, the Secretary of Defense shall include in the budget 
justification materials submitted to Congress in support of the 
budget a certification by each Secretary concerned that, in evaluat-
ing military construction projects for inclusion in the budget for 
that fiscal year, the Secretary concerned evaluated the feasibility 
of carrying out the projects as joint use military construction 
projects.". 
(2) The table of sections at the beginning of such subchapter 
is amended by adding at the end the following new item: 
"2815. Joint use military construction projects: annual evaluation.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-413 
SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF 
APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR 
IMPROVEMENT OF FAMILY HOUSING. 
Section 2825(b) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (3) as paragraph (4); and 
(2) by inserting after paragraph (2) the following new para-
graph (3): 
"(3) In determining the applicability of the limitation contained 
in paragraph (1), the Secretary concerned shall not include as 
part of the cost of the improvement of the unit or units concerned 
the following: 
"(A) The cost of the installation of communications, secu-
rity, or antiterrorism equipment required by an occupant of 
the unit or units to perform duties assigned to the occupant 
as a member of the armed forces. 
"(B) The cost of the maintenance or repair of equipment 
described in subparagraph (A) installed for the purpose speci-
fied in such subparagraph.". 
SEC. 2803. REVISION OF SPACE LIMITATIONS FOR MILITARY FAMILY 
HOUSING. 
(a) IN GENERAL.—(1) Section 2826 of title 10, United States 
Code, is amended to read as follows: 
*'§ 2826. Military family housing: local comparability of room 
patterns and floor areas 
"(a) LOCAL COMPARABILITY.—In the construction, acquisition, 
and improvement of military family housing, the Secretary con-
cerned shall ensure that the room patterns and floor areas of 
military family housing in a particular locality (as designated by 
the Secretary concerned for purposes of this section) are similar 
to room patterns and floor areas of similar housing in the private 
sector in that locality. 
"(b) REQUESTS FOR AUTHORITY FOR MILITARY FAMILY HOUS-
ING.—(1) In submitting to Congress a request for authority to carry 
out the construction, acquisition, or improvement of military family 
housing, the Secretary concerned shall include in the request 
information on the net floor area of each unit of military family 
housing to be constructed, acquired, or improved under the author-
ity. 
"(2) In this subsection, the term 'net floor area', in the case 
of a military family housing unit, means the total number of square 
feet of the floor space inside the exterior walls of the unit, excluding 
the floor area of an unfinished basement, an unfinished attic, a 
utility space, a garage, a carport, an open or insect-screened porch, 
a stairwell, and any space used for a solar-energy system.". 
(2) The table of sections at the beginning of subchapter II 
of chapter 169 of that title is amended by striking the item relating 
to section 2826 and inserting the following new item: 
"2826. Military family housing: local comparability of room patterns and floor 
areas.". 
(b) EFFECTIVE DATE.—(1) The amendments made by subsection 
(a) shall take effect on October 1, 2001, but the Secretary of Defense 
shall anticipate the requirements of section 2826 of title 10, United 
States Code, as added by such subsection, when preparing the 
114 STAT. 1654A-414 
PUBLIC LAW 106-398—APPENDIX 
budget request for new construction, acquisition, or improvement 
of military family housing for fiscal year 2002. 
(2) Section 2826 of title 10, United States Code, as in effect 
on September 30, 2001, shall continue to apply with respect to 
the construction, acquisition, or improvement of military family 
housing commenced on or before that date. 
SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST MILI-
TARY FAMILY HOUSING. 
(a) LEASES FOR UNITED STATES SOUTHERN COMMAND.—Para-
graph (4) of section 2828(b) of title 10, United States Code, is 
amended— 
(1) by inserting "(A)" after "(4)"; 
(2) by striking the second sentence; and 
(3) by adding at the end the following new subparagraphs: 
"(B) The amount of all leases under this paragraph may not 
exceed $280,000 per year, as adjusted from time to time under 
paragraph (6). 
"(C) The term of any lease under this paragraph may not 
exceed 5 years.". 
(b) i^NUAL ADJUSTMENT OF MAXIMUM LEASE AMOUNTS.—Such 
section is further amended by striking paragraph (5) and inserting 
the following new paragraphs: 
"(5) At the beginning of each fiscal year, the Secretary con-
cerned shall adjust the maximum lease amount provided for leases 
under paragraphs (2) and (3) for the previous fiscal year by the 
percentage (if any) by which the national average monthly cost 
of housing (as calculated for purposes of determining rates of basic 
allowance for housing under section 403 of title 37) for the preceding 
fiscal year exceeds the national average monthly cost of housing 
(as so calculated) for the fiscal year before such preceding fiscal 
year. 
"(6) At the beginning of each fiscal year, the Secretary of 
the Army shall adjust the maximum aggregate amount for leases 
under paragraph (4) for the previous fiscal year by the percentage 
(if any) by which the annual average cost of housing for the Miami 
Military Housing Area (as calculated for purposes of determining 
rates of basic allowance for housing under section 403 of title 
37) for the preceding fiscal year exceeds the annual average cost 
of housing for the Miami Military Housing Area (as so calculated) 
for the fiscal year before such preceding fiscal year.". 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) in paragraph (2), by inserting after "per year" the 
following: ", as adjusted from time to under paragraph (5)"; 
and 
(2) in paragraph (3), by striking "$12,000 per unit per 
year but does not exceed $14,000 per unit per year" and insert-
ing "the maximum amount per unit per year in effect under 
paragraph (2) but does not exceed $14,000 per unit per year, 
as adjusted from time to time under paragraph (5)". 
SEC. 2805. PROVISION OF UTILITIES AND SERVICES UNDER ALTER-
NATIVE AUTHORITY FOR ACQUISITION AND IMPROVE-
MENT OF MILITARY HOUSING. 
(a) AUTHORITY TO FURNISH ON REIMBURSABLE BASIS.—Sub-
chapter IV of chapter 169 of title 10, United States Code, is amended 
by inserting after section 2872 the following new section: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-415 
"§ 2872a. Utilities and services 
"(a) AUTHORITY TO FURNISH.—The Secretary concerned may 
furnish utiUties and services referred to in subsection (b) in connec-
tion with any miUtary housing acquired or constructed pursuant 
to the exercise of any authority or combination of authorities under 
this subchapter if the mihtary housing is located on a mihtary 
installation. 
"(b) COVERED UTILITIES AND SERVICES.—The utilities and serv-
ices that may be furnished under subsection (a) are the following: 
"(1) Electric power. 
"(2) Steam. 
"(3) Compressed air. 
"(4) Water. 
"(5) Sewage and garbage disposal. 
"(6) Natural gas. 
"(7) Pest control. 
"(8) Snow and ice removal. 
"(9) Mechanical refrigeration. 
"(10) Telecommunications service. 
"(c) REIMBURSEMENT.^ 1) The Secretary concerned shall be 
reimbursed for any utilities or services furnished under subsection 
(a). 
"(2) The amount of any cash payment received under paragraph 
(1) shall be credited to the appropriation or working capital account 
from which the cost of furnishing the utilities or services concerned 
was paid. Amounts so credited to an appropriation or account 
shall be merged with funds in such appropriation or account, and 
shall be available to the same extent, and subject to the same 
terms and conditions, as such funds.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item 
relating to section 2872 the following new item: 
"2872a. Utilities and services.". 
SEC. 2806. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISI-
TION AND IMPROVEMENT OF MILITARY HOUSING. 
Section 2885 of title 10, United States Code, is amended by 
striking "February 10, 2001" and inserting "December 31, 2004". 
SEC. 2807. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE READI-
NESS CENTERS. 
(a) DEFINITION.—Section 18232(3) of title 10, United States 
Code, is amended— 
(1) in the first sentence, by striking "The term 'armory' 
means" and inserting "The terms 'armory* and 'readiness center* 
mean"; and 
(2) in the second sentence, by striking "It includes" and 
inserting "Such terms include". 
(b) CONFORMING AMENDMENTS.—(1) Section 18232(2) of such 
title is amended by striking "armory or other structure" and insert-
ing "armory, readiness center, or other structure". 
(2) Section 18236(b) of such title by inserting "or readiness 
center" after "armory". 
114 STAT. 1654A-416 
PUBLIC LAW 106-398—APPENDIX 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT REQUIRE-
MENTS FOR REAL PROPERTY TRANSACTIONS. 
(a) INCREASED THRESHOLD.—Section 2662 of title 10, United 
States Code, is amended by striking "$200,000" each place it 
appears and inserting "$500,000". 
(b) REFERENCE TO SIMPLIFIED ACQUISITION THRESHOLD.—Sub-
section (b) of such section is amended by striking "under section 
2304(g) of this title" and inserting "specified in section 4(11) of 
the Office of Federal Procurement Pohcy Act (41 U.S.C. 403(11)),". 
SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPART-
MENTS TO LEASE NON-EXCESS PROPERTY. 
(a) PROPERTY AVAILABLE FOR LEASE.—Subsection (a) of section 
2667 of title 10, United States Code, is amended— 
(1) by inserting "and" at the end of paragraph (1); 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as paragraph (2). 
(b) ACCEPTANCE OF IN-KIND CONSIDERATION.—Such section is 
further amended— 
(1) in subsection (b)(5)— 
(A) by striking "improvement, maintenance, protection, 
repair, or restoration," and inserting "alteration, repair, 
or improvement,"; and 
(B) by striking ", or of the entire unit or installation 
where a substantial part of it is leased,"; 
(2) by transferring subsection (c) to the end of the section 
and redesignating such subsection, as so transferred, as sub-
section (i); 
(3) by inserting after subsection (b) the following new sub-
section (c): 
"(c)(1) In addition to any in-kind consideration accepted under 
subsection (b)(5), in-kind consideration accepted with respect to 
a lease under this section may include the following: 
"(A) Maintenance, protection, alteration, repair, improve-
ment, or restoration (including environmental restoration) of 
property or facilities under the control of the Secretary con-
cerned. 
"(B) Construction of new facilities for the Secretary con-
cerned. 
"(C) Provision of facilities for use by the Secretary con-
cerned. 
"(D) Facilities operation support for the Secretary con-
cerned. 
"(E) Provision of such other services relating to activities 
that will occur on the leased property as the Secretary con-
cerned considers appropriate. 
"(2) In-kind consideration under paragraph (1) may be accepted 
at any property or facilities under the control of the Secretary 
concerned that are selected for that purpose by the Secretary con-
cerned. 
"(3) Sections 2662 and 2802 of this title shall not apply to 
any new facilities whose construction is accepted as in-kind consid-
eration under this subsection. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-417 
"(4) In the case of a lease for which all or part of the consider-
ation proposed to be accepted by the Secretary concerned under 
this subsection is in-kind consideration with a value in excess 
of $500,000, the Secretary concerned may not enter into the lease 
until 30 days after the date on which a report on the facts of 
the lease is submitted to the congressional defense committees."; 
and 
(4) in subsection (f)— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as paragraph (4). 
(c) USE OF PROCEEDS.—Subsection (d)(1) of such section is 
amended to read as follows: 
"(d)(1)(A) The Secretary of a military department shall deposit 
in a special account in the Treasury established for such military 
department the following: 
"(i) All money rentals received pursuant to leases entered 
into by that Secretary under this section. 
"(ii) All proceeds received pursuant to the granting of ease-
ments by that Secretary under sections 2668 and 2669 of this 
title. 
"(iii) All proceeds received by that Secretary from authoriz-
ing the temporary use of other property under the control 
of that military department. 
"(B) Subparagraph (A) does not apply to the following proceeds: 
"(i) Amounts paid for utilities and services furnished lessees 
by the Secretary of a military department pursuant to leases 
entered into under this section. 
"(ii) Money rentals referred to in paragraph (4) or (5). 
"(C) Subject to subparagraphs (D) and (E), the proceeds depos-
ited in the special account of a military department pursuant to 
subparagraph (A) shall be available to the Secretary of that military 
department, in such amounts as provided in appropriation Acts, 
for the following: 
"(i) Maintenance, protection, alteration, repair, improve-
ment, or restoration (including environmental restoration) of 
property or facilities. 
"(ii) Construction or acquisition of new facilities, 
"(iii) Lease of facilities. 
"(iv) Facilities operation support. 
"(D) At least 50 percent of the proceeds deposited in the special 
account of a military department imder subparagraph (A) shall 
be available for activities described in subparagraph (C) only at 
the military installation where the proceeds were derived. 
"(E) The Secretary concerned may not expend under subpara-
graph (C) an amount in excess of $500,000 at a single installation 
until 30 days after the date on which a report on the facts of 
the proposed expenditure is submitted to the congressional defense 
committees.". 
(d) CONGRESSIONAL NOTIFICATION.—Subsection (d)(3) of such 
section is amended— 
(1) in the matter preceding subparagraph (A), by striking 
"As part" and all that follows through "Secretary of Defense" 
and inserting "Not later than March 15 each year, the Secretary 
of Defense shall submit to the congressional defense committees 
a report which"; and 
(2) in subparagraph (A), by striking "request" and inserting 
"report". 
114 STAT. 1654A-418 
PUBLIC LAW 106-398—APPENDIX 
(e) DEFINITIONS.—Subsection (h) of such section is amended 
to read as follows: 
"(h) In this section: 
"(1) The term 'congressional defense committees' means: 
"(A) The Committee on Armed Services and the 
Committee on Appropriations of the Senate. 
"(B) The Committee on Armed Services and the 
Committee on Appropriations of the House of Representa-
tives. 
"(2) The term 'base closure law' means the following: 
"(A) Section 2687 of this title. 
"(B) The Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of PubUc Law 101-510; 
10 U.S.C. 2687 note). 
"(C) Title II of the Defense Authorization Amendments 
and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note). 
"(3) The term 'military installation' has the meaning given 
such term in section 2687(e)(1) of this title.". 
(f) CONFORMING AMENDMENTS.—(1) Section 2668 of such title 
is amended by adding at the end the following new subsection: 
"(e) Subsection (d) of section 2667 of this title shall apply 
with respect to proceeds received by the Secretary of a military 
department in connection with an easement granted under this 
section in the same manner as such subsection applies to money 
rentals received pursuant to leases entered into by that Secretary 
under such section.". 
(2) Section 2669 of such title is amended by adding at the 
end the following new subsection: 
"(e) Subsection (d) of section 2667 of this title shall apply 
with respect to proceeds received by the Secretary of a military 
department in connection with an easement granted under this 
section in the same manner as such subsection applies to money 
rentals received pursuant to leases entered into by that Secretary 
under such section.". 
SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS 
OF MILITARY DEPARTMENTS. 
(a) SELECTION OF CONVEYEE.—Subsection (b) of section 2688 
of title 10, United States Code, is amended— 
(1) by inserting "(1)" before "If more than one"; and 
(2) by adding at the end the following new paragraphs: 
"(2) Notwithstanding paragraph (1), the Secretary concerned 
may use procedures other than competitive procedures, but only 
in accordance with subsections (c) through (f) of section 2304 of 
this title, to select the conveyee of a utility system (or part of 
a utility system) under subsection (a). 
"(3) With respect to the solicitation process used in connection 
with the conveyance of a utility system (or part of a utility system) 
under subsection (a), the Secretary concerned shall ensure that 
the process is conducted in a manner consistent with the laws 
and regulations of the State in which the utility system is located 
to the extent necessary to ensure that all interested regulated 
and unregulated utility companies and other interested entities 
receive an opportunity to acquire and operate the utility system 
to be conveyed.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-419 
(b) APPLICABILITY OF REGULATORY REQUIREMENTS.—Subsection 
(f) of such section is amended— 
(1) by inserting "(1)" before "The Secretary"; and 
(2) by adding at the end the following new paragraph: 
"(2) The Secretary concerned shall require in any contract for 
the conveyance of a utility system (or part of a utility system) 
under subsection (a) that the conveyee manage and operate the 
utility system in a manner consistent with applicable Federal and 
State regulations pertaining to health, safety, fire, and environ-
mental requirements.". 
SEC. 2814. PERMANENT CONVEYANCE AUTHORITY TO IMPROVE PROP-
ERTY MANAGEMENT. 
Section 203(p)(l) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(p)(l)) is amended by striking 
subparagraph (B) and inserting the following new subparagraph: 
"(B) The Administrator may exercise the authority under 
subparagraph (A) with respect to such surplus real and related 
property needed by the transferee or grantee for— 
"(i) law enforcement purposes, as determined by the Attor-
ney General; or 
"(ii) emergency management response purposes, including 
fire and rescue services, as determined by the Director of the 
Federal Emergency Management Agency.". 
Subtitle C—Defense Base Closure and 
Realignment 
SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROPERTY TO 
REDEVELOPMENT AUTHORITIES WITHOUT CONSIDER-
ATION UNDER THE BASE CLOSURE LAWS. 
(a) 1990 LAW.—Section 2905(b)(4)(B)(i) of the Defense Base 
Closure and Realignment Act of 1990 (part A of title XXIX of 
Public Law 101-510; 10 U.S.C. 2687 note) is amended by striking 
"the transfer" and inserting "the initial transfer of property". 
(b) 1988 LAW.—Section 204(b)(4)(B)(i) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act (Public 
Law 100-526; 10 U.S.C. 2687 note) is amended by striking "the 
transfer" and inserting "the initial transfer of property". 
Subtitle D—Land Conveyances 
PART I—ARMY CONVEYANCES 
SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL, 
ILLINOIS. 
(a) TRANSFER AUTHORIZED.—The Secretary of the Army may 
transfer, without reimbursement, to the administrative jurisdiction 
of the Secretary of Veterans Affairs a parcel of real property, 
including any improvements thereon, consisting of approximately 
23 acres and comprising a portion of the Rock Island Arsenal, 
Illinois. 
(b) USE OF LAND.—^The Secretary of Veterans Affairs shall 
include the real property transferred under subsection (a) in the 
Rock Island National Cemetery and use the transferred property 
114 STAT. 1654A-420 
PUBLIC LAW 106-398—APPENDIX 
as a national cemetery under chapter 24 of title 38, United States 
Code. 
(c) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Army. The cost of the survey shall be borne by the Secretary 
of Veterans Affairs. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Army may require such additional terms and conditions in connec-
tion with the transfer under this section as the Secretary of the 
Army considers appropriate to protect the interests of the United 
States. 
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG, 
ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to Knox County, Illinois (in this 
section referred to as the "County"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
any improvements thereon, in Galesburg, Illinois, consisting of 
approximately 4.65 acres and containing an Army Reserve Center 
for the purpose of permitting the County to use the parcel for 
municipal office space. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2833. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT 
CENTER, ILLINOIS. 
(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Army 
may convey to the Tri-City Regional Port District of Granite City, 
Illinois (in this section referred to as the "Port District"), all right, 
title, and interest of the United States in and to a parcel of real 
property, including any improvements thereon, consisting of 
approximately 752 acres and known as the Charles Melvin Price 
Support Center, for the purpose of permitting the Port District 
to use the parcel for development of a port facility and for other 
public purposes. 
(2) The property to be conveyed under paragraph (1) shall 
include 158 units of military family housing at the Charles Melvin 
Price Support Center for the purpose of permitting the Port District 
to use the housing to provide affordable housing, but only if the 
Port District agrees to provide members of the Armed Forces first 
priority in leasing the housing at a rental rate not to exceed the 
member's basic allowance for housing. 
(3) The Secretary of the Army may include as part of the 
conveyance under paragraph (1) personal property of the Army 
at the Charles Melvin Price Support Center that the Secretary 
of Transportation recommends is appropriate for the development 
or operation of the port facility and the Secretary of the Army 
agrees is excess to the needs of the Army. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-421 
(b) INTERIM LEASE.—Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary of 
the Army may lease the property to the Port District. 
(c) CONSIDERATION.—(1) The conveyance under subsection (a) 
shall be made without consideration as a public benefit conveyance 
for port development if the Secretary of the Army determines that 
the Port District satisfies the criteria specified in section 203(q) 
of the Federal Property and Administrative Services Act of 1949 
(40 U.S.C. 484(q)) and regulations prescribed to implement such 
section. If the Secretary determines that the Port District fails 
to qualify for a public benefit conveyance, but still desires to acquire 
the property, the Port District shall pay to the United States 
an amount equal to the fair market value of the property to be 
conveyed. The fair market value of the property shall be determined 
by the Secretary of the Army. 
(2) The Secretary of the Army may accept as consideration 
for a lease of the property under subsection (b) an amount that 
is less than fair market value if the Secretary determines that 
the public interest will be served as a result of the lease. 
(d) ARMY RESERVE ACTIVITIES.—(1) Notwithstanding the total 
acreage of the parcel authorized for conveyance under subsection 
(a), the Secretary of the Army may retain up to 50 acres of the 
parcel for use by the Army Reserve. The acreage selected for reten-
tion shall be mutually agreeable to the Secretary and the Port 
District. 
(2) At such time as the Secretary of the Army determines 
that the property retained under this subsection is no longer needed 
for Army Reserve activities, the Secretary shall convey the property 
to the Port District. The consideration for the conveyance shall 
be determined in the manner provided in subsection (c). 
(e) FEDERAL LEASE OF FACILITIES.—(1) As a condition for 
the 
conveyance under subsection (a), the Secretary of the Army may 
require that the Port District lease to the Department of Defense 
or any other Federal agency facilities for use by the agency on 
the property being conveyed. Any lease under this subsection shall 
be made under terms and conditions satisfactory to the Secretary 
and the Port District. 
(2) The agency leasing a facility under this subsection shall 
provide for the maintenance of the facility or pay the Port District 
to maintain the facility. Maintenance of the leased facilities per-
formed by the Port District shall be to the reasonable satisfaction 
of the United States, or as required by all applicable Federal, 
State, and local laws and ordinances. 
(3) At the end of a lease under this subsection, the facility 
covered by the lease shall revert to the Port District. 
(f) FLOOD CONTROL EASEMENT.—The Port District shall grant 
to the Secretary of the Army an easement on the property conveyed 
under subsection (a) for the purpose of permitting the Secretary 
to implement and maintain flood control projects. The Secretary 
of the Army, acting through the Corps of Engineers, shall be respon-
sible for the maintenance of any flood control project built on 
the property pursuant to the easement. 
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Army and the Port District. The cost of such survey shall 
be borne by the Port District. 
114 STAT. 1654A-422 
PUBLIC LAW 106-398—APPENDIX 
(h) ADDITIONAL TERMS.—The Secretary of the Army may 
require such additional terms and conditions in connection with 
the conveyance as the Secretary considers appropriate to protect 
the interests of the United States. 
SEC. 2834. LAND CONVEYANCE, FORT RILEY, KANSAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the State of Kansas (in this section 
referred to as the "State"), all right, title, and interest of the 
United States in and to a parcel of real property, including any 
improvements thereon, consisting of approximately 70 acres at Fort 
Riley Military Reservation, Fort Riley, Kansas. The preferred site 
is adjacent to the Fort Riley Military Reservation boundary, along 
the north side of Huebner Road across from the First Territorial 
Capitol of Kansas Historical Site Museum. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the conditions that— 
(1) the State use the property conveyed solely for purposes 
of establishing and maintaining a State-operated veterans 
cemetery; and 
(2) all costs associated with the conveyance, including the 
cost of relocating water and electric utilities should the Sec-
retary determine that such relocations are necessary, be borne 
by the State. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary 
and the Director of the Kansas Commission on Veterans Affairs. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance required by subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2835. LAND CONVEYANCE, FORT POLK, LOUISIANA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the State of Louisiana (in this 
section referred to as the "State"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
any improvements thereon, consisting of appiroximately 200 acres 
at Fort Polk, Louisiana, for the purpose of permitting the State 
to establish a State-run cemetery for veterans. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the State. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 
2
8
3
6
. 
LAND 
CONVEYANCE, 
ARMY 
RESERVE 
CENTER, 
WINONA, 
MIN-
NESOTA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Winona State University 
Foundation of Winona, Minnesota (in this section referred to as 
the "Foundation"), all right, title, and interest of the United States 
in and to a parcel of real property, including any improvements 
thereon, in Winona, Minnesota, containing an Army Reserve Center 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-423 
for the purpose of permitting the Foundation to use the parcel 
for educational purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Foundation. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2837. LAND CONVEYANCE, FORT DIX, NEW JERSEY. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to Pemberton Township, New Jersey 
(in this section referred to as the "Township"), all right, title, 
and interest of the United States in and to a parcel of real property 
at Fort Dix, New Jersey, consisting of approximately 2 acres and 
containing a parking lot inadvertently constructed on the parcel 
by the Township. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the conditions that— 
(1) the Township accept the property as is; and 
(2) the Township assume responsibility for any environ-
mental restoration or remediation required with respect to the 
property under applicable law. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Township. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2838. LAND CONVEYANCE, NIKE SITE 43, ELRAMA, PENNSYLVANIA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Board of Supervisors of Union 
Township, Pennsylvania (in this section referred to as the "Town-
ship"), all right, title, and interest of the United States in and 
to a parcel of real property, including any improvements thereon, 
in Elrama, Pennsylvania, consisting of approximately 160 acres, 
which is known as Nike Site 43 and was more recently used 
by the Pennsylvania Army National Guard, for the purpose of 
permitting the Township to use the parcel for municipal storage 
and other public purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Township. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2839. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING CEN-
TER, CHATTANOOGA, TENNESSEE. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the Medal of Honor Museum, 
114 STAT. 1654A-424 
PUBLIC LAW 106-398—APPENDIX 
Inc., a nonprofit corporation organized in the State of Tennessee 
(in this section referred to as the "Corporation"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
15 acres at the Army Reserve Local Training Center located on 
Bonny Oaks Drive, Chattanooga, Tennessee, for the purpose of 
permitting the Corporation to develop and use the parcel as a 
,. 
museum and for other educational purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Corporation. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2840. LAND EXCHANGE, FORT HOOD, TEXAS. 
(a) EXCHANGE AUTHORIZED.—The Secretary of the Army may 
convey to the City of Copperas Cove, Texas (in this section referred 
to as the "City"), all right, title, and interest of the United States 
in and to a parcel of real property, including any improvements 
thereon, consisting of approximately 100 acres at Fort Hood, Texas, 
in exchange for the City's conveyance to the Secretary of all right, 
title, and interest of the City in and to one or more parcels of 
real property that are acceptable to the Secretary and consist of 
a total of approximately 300 acres. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property to be exchanged under 
subsection (a) shall be determined by surveys satisfactory to the 
Secretary. The cost of the surveys shall be borne by the City. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the exchange under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2841. LAND CONVEYANCE, FORT PICKETT, VHIGINIA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the Commonwealth of Virginia 
(in this section referred to as the "Commonwealth"), all right, title, 
and interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
700 acres at Fort Pickett, Virginia, for the purpose of permitting 
the Commonwealth to develop and operate a public safety training 
facility. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Commonwealth. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 
2
8
4
2
. 
LAND 
CONVEYANCE, 
FORT 
LAWTON, 
WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 
convey, without consideration, to the City of Seattle, Washington 
(in this section referred to as the "City), all right, title, and interest 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-425 
of the United States in and to the real property at Fort Lawton, 
Washington, consisting of Area 500 and Government Way from 
36th Avenue to Area 500, for purposes of the inclusion of the 
property in Discovery Park, Seattle, Washington. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the City. 
(c) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 
2
8
4
3
. 
LAND 
CONVEYANCE, 
VANCOUVER 
BARRACKS, 
WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Army may 
convey, without consideration, to the City of Vancouver, Washington 
(in this section referred to as the "City"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
any improvements thereon, encompassing 19 structures at Van-
couver Barracks, Washington, which are identified by the Army 
using numbers between 602 and 676, and are known as the west 
barracks. 
(b) PURPOSE.—^The purpose of the conveyance authorized by 
subsection (a) shall be to include the property described in that 
subsection in the Vancouver National Historic Reserve, Washington. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the City. 
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized by subsection (a) as the Secretary consid-
ers appropriate to protect the interests of the United States. 
PART II—NAVY CONVEYANCES 
SEC. 2846. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR 
STATION, EL TORO, CALIFORNIA. 
(a) USE OF CONSIDERATION.—Subsection (a)(2) of section 2811 
of the Military Construction Authorization Act for Fiscal Years 
1990 and 1991 (division B of Public Law 101-189; 103 Stat. 1650) 
is amended by striking "of additional military family housing units 
at Marine Corps Air Station, Tustin, California." and inserting 
"and repair of roads and development of Aerial Port of Embarkation 
facilities at Marine Corps Air Station, Miramar, California.". 
(b) CONFORMING AMENDMENT.—^The section heading of such 
section is amended by striking ", AND CONSTRUCTION OF FAMILY 
HOUSING AT MARINE CORPS AIR STATION, TUSTIN, CALIFORNIA". 
SEC. 2847. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR DIS-
TRICT, PORT HUENEME, CALIFORNIA, TO USE CERTAIN 
NAVY PROPERTY. 
(a) ADDITIONAL RESTRICTIONS ON JOINT USE.—Subsection (c) 
of section 2843 of the Military Construction Authorization Act for 
Fiscal Year 1995 (division B of PubHc Law 103-337; 108 Stat. 
3067) is amended to read as follows: 
114 STAT. 1654A-426 
PUBLIC LAW 106-398—APPENDIX 
"(c) RESTRICTIONS ON USE.—The District's use of the property 
covered by an agreement under subsection (a) is subject to the 
following conditions: 
"(1) The District shall suspend operations under the agree-
ment upon notification by the commanding officer of the Center 
that the property is needed to support mission essential naval 
vessel support requirements or Navy contingency operations, 
including combat missions, natural disasters, and humanitarian 
missions. 
"(2) The District shall use the property covered by the 
agreement in a manner consistent with Navy operations at 
the Center, including cooperating with the Navy for the purpose 
of assisting the Navy to meet its through-put requirements 
at the Center for the expeditious movement of military cargo. 
"(3) The commanding officer of the Center may require 
the District to remove any of its personal property at the 
Center that the commanding officer determines may interfere 
with military operations at the Center. If the District cannot 
expeditiously remove the property, the commanding officer may 
provide for the removal of the property at District expense.". 
(b) CONSIDERATION.—Subsection (d) of such section is amended 
to read as follows: 
"(d) CONSIDERATION.—(1) As consideration for the use of the 
property covered by an agreement under subsection (a), the District 
shall pay to the Navy an amount that is mutually agreeable to 
the parties to the agreement, taking into account the nature and 
extent of the District's use of the property. 
"(2) The Secretary may accept in-kind consideration under para-
graph (1), including consideration in the form of— 
"(A) the District's maintenance, preservation, improvement, 
protection, repair, or restoration of all or any portion of the 
property covered by the agreement; 
"(B) the construction of new facilities, the modification 
of existing facilities, or the replacement of facilities vacated 
by the Navy on account of the agreement; and 
"(C) covering the cost of relocation of the operations of 
the Navy from the vacated facilities to the replacement facili-
ties. 
"(3) All cash consideration received under paragraph (1) shall 
be deposited in the special account in the Treasury established 
for the Navy under section 2667(d) of title 10, United States Code. 
The amounts deposited in the special account pursuant to this 
paragraph shall be available, as provided in appropriation Acts, 
for general supervision, administration, overhead expenses, and 
Center operations and for the maintenance preservation, improve-
ment, protection, repair, or restoration of property at the Center.". 
(c) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) by striking subsection (f); and 
(2) by redesignating subsections (g) and (h) as subsections 
(f) and (g), respectively. 
SEC. 2848. TRANSFER OF JURISDICTION, MARINE CORPS AIR STATION, 
MIRAMAR, CALIFORNIA. 
(a) TRANSFER AUTHORIZED.—The Secretary of the Navy may 
transfer, without reimbursement, to the administrative jurisdiction 
of the Secretary of the Interior a parcel of real property, including 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-427 
any improvements thereon, consisting of approximately 250 acres 
and known as the Teacup Parcel, which comprises a portion of 
the Marine Corps Air Station, Miramar, California. 
(b) USE OF LAND.—The Secretary of the Interior shall include 
the real property transferred under subsection (a) in the Vernal 
Pool Unit of the San Diego National Wildlife Refuge and administer 
the property for the conservation of fish and wildlife. All current 
and future military aviation and related activities at the Marine 
Corps Air Station, Miramar, are deemed to be compatible with 
the refuge purposes for which the property is transferred, and 
with any secondary uses that may be established on the transferred 
property. 
(c) CONDITION ON TRANSFER.—The transfer authorized under 
subsection (a) shall be subject to the condition that the Secretary 
of the Interior make the transferred property available to the Sec-
retary of the Navy for any habitat restoration or preservation 
project that may be required for mitigation of military activities 
occurring at the Marine Corps Air Station, Miramar, unless the 
Secretary of the Interior determines that the project will adversely 
affect the property's sensitive wildlife and habitat resource values. 
(d) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under this section shall 
be determined by a survey satisfactory to the Secretary of the 
Navy. The cost of the survey shall be borne by the Secretary 
of the Interior. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the transfer under this section as the Secretary of the 
Navy considers appropriate to protect the interests of the United 
States. 
SEC. 2849. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN 
DIEGO, CALIFORNIA. 
(a) EXCHANGE AUTHORIZED.—The Secretary of the Navy may 
convey to the San Diego Unified Port District of San Diego, Califor-
nia (in this section referred to as the "Port District"), all right, 
title, and interest of the United States in and to three parcels 
of real property, including any improvements thereon, consisting 
of approximately 44.5 acres £ind comprising a portion of the Marine 
Corps Recruit Depot, San Diego, California, in exchange for the 
Port District's— 
(1) conveyance to the Secretary of all right, title, and 
interest of Port District in and to a parcel of real property 
that is acceptable to the Secretary and contiguous to the Marine 
Corps Recruit Depot; and 
(2) construction of suitable replacement facilities and nec-
essary supporting structures on the parcel or other property 
comprising the Marine Corps Recruit Depot, as determined 
necessary by the Secretary. 
(b) TIME FOR CONVEYANCE.—The Secretary may not make the 
conveyance to the Port District authorized by subsection (a) until 
the Secretary determines that the replacement facilities have been 
constructed and are ready for occupancy. 
(c) 
ADMINISTRATIVE 
EXPENSES.—The 
Port 
District 
shall 
reimburse the Secretary for administrative expenses incurred by 
the Secretary in carrying out the exchange under subsection (a), 
114 STAT. 1654A-428 
PUBLIC LAW 106-398—APPENDIX 
including expenses related to the planning, design, survey, environ-
mental compliance, and supervision and inspection of construction 
of the replacement facilities. Section 2695(c) of title 10, United 
States Code, shall apply to the amounts received by the Secretary. 
(d) CONSTRUCTION SCHEDULE.—The Port District shall con-
struct the replacement facilities pursuant to such schedule and 
in such a manner so as to not interrupt or adversely affect the 
capability of the Marine Corps Recruit Depot to accomplish its 
mission. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property to be exchanged under 
subsection (a) shall be determined by surveys satisfactory to the 
Secretary. The cost of the surveys shall be borne by the Port 
District. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the exchange under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2850. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA, 
FLORIDA. 
(a) AUTHORITY TO LEASE.—The Secretary of the Navy may 
lease, without consideration, to the Naval Aviation Museum 
Foundation (in this section referred to as the "Foundation") real 
property improvements constructed by the Foundation at the 
National Museum of Naval Aviation at Naval Air Station, Pensa-
cola, Florida, for the purpose of permitting the Foundation to oper-
ate a National Flight Academy to encourage and assist American 
young people to develop an interest in naval aviation and to pre-
serve and enhance the image and heritage of naval aviation. 
(b) CONSTRUCTION.—The Foundation shall be solely responsible 
for the design and construction of the real property improvements 
referred to in subsection (a). Upon completion, the improvements 
shall be donated to and become the property of the United States, 
subject to the terms of the lease under subsection (a). 
(c) TERM OF LEASE.—(1) The lease authorized by subsection 
(a) may be for a term of up to 50 years, with an option to renew 
for an additional 50 years. 
(2) In the event that the National Flight Academy ceases oper-
ation for a period in excess of 1 year during the leasehold period, 
or any extension thereof, the lease shall immediately terminate 
without cost or future liability to the United States. 
(d) USE BY NAVY.—^The Secretary may use all or a portion 
of the leased property when the National Flight Academy is not 
in session or whenever the use of the property would not conflict 
with operation of the Academy. The Foundation shall permit such 
use at no cost to the Navy. 
(e) MAINTENANCE AND REPAIR.—The Foundation shall be solely 
responsible during the leasehold period, and any extension thereof, 
for the operation, maintenance, and repair or replacement of the 
real property improvements authorized for lease under this section. 
(f) ASSISTANCE.—(1) Subject to subsection (e), the Secretary 
may assist the Foundation in implementing the National Flight 
Academy by furnishing facilities, utilities, maintenance, and other 
services within the boundaries of Naval Air Station, Pensacola. 
The Secretary may require the Foundation to reimburse the Sec-
retary for the facilities, utilities, maintenance, or other services 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-429 
so provided or may provide the facilities, utilities, maintenance, 
or other services without reimbursement by the Foundation. 
(2) Any assistance provided the Foundation pursuant to para-
graph (1) may be terminated by the Secretary without notice, cause, 
or liability to the United States. 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the lease under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2851. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA, 
FLORroA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey to the Tampa Port Authority of Tampa, Florida (in this 
section referred to as the "Port Authority"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
2.18 acres and comprising the Naval Reserve Center, Tampa, Flor-
ida, for the purpose of permitting the Port Authority to use the 
parcel to facilitate the expansion of the Port of Tampa. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance authorized 
under subsection (a) shall be subject to the following conditions: 
(1) The Port Authority will accept the Naval Reserve Center 
as is. 
(2) The Port Authority will provide a replacement facility 
for the Naval Reserve Center on a site of comparable size 
and consisting of comparable improvements on port property 
or other public land acceptable to the Secretary. In the event 
that a federally owned site acceptable to the Secretary is not 
available for the construction of the replacement facility, the 
Port Authority will provide a site for the replacement facility 
acceptable to the Secretary and convey it in fee title to the 
United States. 
(3) The Port Authority will procure all necessary funding 
and the planning and design necessary to construct a replace-
ment facility that is fully operational and satisfies the Base 
Facilities Requirements plan, as provided by the Naval Reserve. 
(4) The Port Authority will bear all reasonable costs that 
the Navy may incur in the relocating to the replacement facility. 
(c) TIME FOR CONVEYANCE.—The Secretary may not make the 
conveyance authorized under subsection (a) until all of the condi-
tions specified in subsection (b) have been met to the satisfaction 
of the Secretary. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the Port Authority. 
(e) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL SUP-
PLY POINT, CASCO BAY, MAINE. 
Section 2839 of the Military Construction Authorization Act 
for Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 
3065) is amended— 
114 STAT. 1654A-430 
PUBLIC LAW 106-398—APPENDIX 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
"(c) REPLACEMENT OF REMOVED ELECTRIC UTILITY SERVICE.— 
(1) The Secretary of Defense shall replace the electric utility service 
removed during the course of environmental remediation carried 
out with respect to the property to be conveyed under subsection 
(a), including the procurement and installation of electrical cables, 
switch cabinets, and transformers associated with the service. 
"(2) As part of the replacement of the electric utility service 
under paragraph (1), the Secretary of Defense may, at the request 
of the Town, improve the electric utility service and install tele-
communications service. The Secretary shall determine, in consulta-
tion with the Town, the additional costs that would be associated 
with the improvement of the electric utility service and the installa-
tion of telecommunications service under this paragraph, and the 
Town shall be responsible for the payment of such costs.". 
SEC. 
2853. LAND CONVEYANCE, NAVAL COMPUTER AND TELE-
COMMUNICATIONS STATION, CUTLER, MAINE. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey, without consideration, to the State of Maine, any political 
subdivision of the State of Maine, or any tax-supported agency 
in the State of Maine, all right, title, and interest of the United 
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 263 acres located in 
Washington County, Maine, and known as the Naval Computer 
and Telecommunications Station, Cutler, Maine. 
(b) REIMBURSEMENT FOR ENVIRONMENTAL AND OTHER ASSESS-
MENTS.—(1) The Secretary may require the recipient of the property 
conveyed under this section to reimburse the Secretary for the 
costs incurred by the Secretary for any environmental assessments 
and other studies and analyses carried out by the Secretary with 
respect to the property to be conveyed under this section before 
the conveyance of the property under this section. 
(2) The amount of any reimbursement required under para-
graph (1) shall be determined by the Secretary and may not exceed 
the cost of the assessments, studies, and analyses for which 
reimbursement is required under that paragraph. 
(3) Section 2695(c) of title 10, United States Code, shall apply 
to the amounts received by the Secretary. 
(c) LEASE OF PROPERTY PENDING CONVEYANCE.—(1) Pending 
the conveyance by deed of the property authorized to be conveyed 
by subsection (a), the Secretary may enter into one or more leases 
of the property. 
(2) The Secretary shall deposit any amounts paid under a 
lease under paragraph (1) in the appropriation or account providing 
funds for the protection, maintenance, or repair of the property, 
or for the provision of utility services for the property. Amounts 
so deposited shall be merged with funds in the appropriation or 
account in which deposited, and shall be available for the same 
purposes, and subject to the same conditions and limitations, as 
the funds with which merged. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-431 
shall be determined by a survey satisfactory to the Secretary. The 
cost of the survey shall be borne by the recipient of the property. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 
2854. MODIFICATION OF LAND CONVEYANCE AUTHORITY, 
FORMER NAVAL TRAINING CENTER, BAINBRIDGE, CECIL 
COUNTY, MARYLAND. 
Section 1 of Public Law 99-596 (100 Stat. 3349) is amended— 
(1) in subsection (a), by striking "subsections (b) through 
(f)" and inserting "subsections (b) through (e)"; 
(2) by striking subsection (b) and inserting the following 
new subsection: 
"(b) CONSIDERATION.—(1) In the event of the transfer of the 
property under subsection (a) to the State of Maryland, the transfer 
shall be with consideration or without consideration from the State 
of Maryland, at the election of the Secretary. 
"(2) If the Secretary elects to receive consideration from the 
State of Maryland under paragraph (1), the Secretary may reduce 
the amount of consideration to be received from the State of Mary-
land under that paragraph by an amount equal to the cost, esti-
mated as of the time of the transfer of the property under this 
section, of the restoration of the historic buildings on the property. 
The total amount of the reduction of consideration under this para-
graph may not exceed $500,000."; 
(3) by striking subsection (d); and 
(4) by redesignating subsections (e) and (f) as subsections 
(d) and (e), respectively. 
SEC. 2855. LAND CONVEYANCE, MARINE CORPS BASE, CAMP LEJEUNE, 
NORTH CAROLINA. 
(a) CONVEYANCE AUTHORIZED.—^The Secretary of the Navy may 
convey to the City of Jacksonville, North Carolina (in this section 
referred to as the "City"), all right, title, and interest of the United 
States in and to a parcel of real property, including any improve-
ments thereon, that is currently leased to Norfolk Southern Cor-
poration and consists of approximately 50 acres, known as the 
railroad right-of-way, lying within the City between Highway 24 
and Highway 17, at the Marine Corps Base, Camp Lejeune, North 
Carolina, for the purpose of permitting the City to develop the 
parcel for initial use as a bike/green way trail. 
(b) CONSIDERATION.—^As consideration for the conveyance under 
subsection (a), the City shall reimburse the Secretary (in such 
amounts as the Secretary may determine) for the expenses incurred 
by the Secretary in making the conveyance, including costs related 
to planning, design, surveys, environmental assessment and compli-
ance, supervision and inspection of construction, severing and 
realigning utility systems, and other prudent and necessary actions. 
Section 2695(c) of title 10, United States Code, shall apply to 
the amounts received by the Secretary. 
(c) CONDITION OF CONVEYANCE.—^The Secretary may retain such 
easements, rights-of-way, and other interests in the property to 
be conveyed under subsection (a) and impose such restrictions on 
the use of the conveyed property as the Secretary considers nec-
essary to ensure the effective security, maintenance, and operations 
114 STAT. 1654A-432 
PUBLIC LAW 106-398—APPENDIX 
of the Marine Corps Base, Camp Lejeune, North Carolina, and 
to protect human health and the environment. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2856. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUM-
BUS, OHIO. 
(a) EXCHANGE AUTHORIZED.—The Secretary of the Navy may 
convey to the Rickenbacker Port Authority of Columbus, Ohio (in 
this section referred to as the "Authority"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
24 acres comprising the civilian facilities of the Naval Air Reserve 
at Rickenbacker International Airport in Franklin County, Ohio, 
in exchange for the Authority's conveyance to the Secretary of 
all right, title, and interest of the Authority in and to a parcel 
of real property consisting of approximately 10 to 15 acres accept-
able to the Secretary at Rickenbacker International Airport. 
(b) USE OF ACQUIRED PROPERTY.—^The Secretary shall use the 
real property acquired from the Authority in the exchange as the 
site for a replacement facility that will house both the Naval Air 
Reserve Center at Rickenbacker International Airport and the 
Naval and Marine Corps Reserve Center currently located in Colum-
bus, Ohio. 
(c) TIME FOR CONVEYANCE.—The Secretary may not make the 
conveyance to the Authority authorized by subsection (a) until 
the Secretary determines that the replacement facility described 
in subsection (b) has been constructed and is ready for occupancy. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the parcels of real property to be exchanged under 
subsection (a) shall be determined by surveys satisfactory to the 
Secretary. The cost of the surveys shall be borne by the Authority. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the exchange under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States. 
SEC. 2857. LAND 
CONVEYANCE, 
NAVAL 
STATION, 
BREMERTON, 
WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the City of Bremerton, Washington (in this section 
referred to as the "City"), all right, title, and interest of the United 
States in and to a parcel of real property, including any improve-
ments thereon, consisting of approximately 45.8 acres and compris-
ing the former East Park Transient Family Accommodations, which 
was an off-site housing facility for Naval Station, Bremerton, 
Washington. 
(b) CONSIDERATION.—(1) The conveyance under subsection (a) 
may be made without consideration to the extent the real property 
to be conveyed will be used by the City, directly or through an 
agreement with a public or private entity, for public health, public 
safety, education, affordable housing, or public recreation. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-433 
(2) If the City intends to use a portion of the conveyed property 
for a purpose not specified in paragraph (1), the City shall pay 
to the United States an amount equal to the fair market value 
of that portion of the property. The fair market value shall be 
determined by an appraisal acceptable to the Secretary. 
(c) ADMINISTRATIVE EXPENSES.—The City shall reimburse the 
Secretary for administrative expenses incurred by the Secretary 
in carrying out the conveyance under subsection (a), including 
expenses related to planning, design, survey, environmental compli-
ance, and other prudent and necessary actions. Section 2695(c) 
of title 10, United States Code, shall apply to the amounts received 
by the Secretary. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 
may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
PART III—AIR FORCE CONVEYANCES 
SEC. 
2861. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, 
CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, by sale or lease upon such terms as the Secretary 
considers appropriate, all or any portion of the following parcels 
of real property, including any improvements thereon, at Los 
Angeles Air Force Base, California: 
(1) Approximately 42 acres in El Segundo, California, com-
monly known as Area A. 
(2) Approximately 52 acres in El Segundo, California, com-
monly known as Area B. 
(3) Approximately 13 acres in Hawthorne, California, com-
monly known as the Lawndale Annex. 
(4) Approximately 3.7 acres in Sun Valley, California, com-
monly known as the Armed Forces Radio and Television Service 
Broadcast Center. 
(b) CONSIDERATION.—^As consideration for the conveyance of 
real property under subsection (a), the recipient of the property 
shall provide for the design and construction on real property 
acceptable to the Secretary of one or more facilities to consolidate 
the mission and support functions at Los Angeles Air Force Base. 
Any such facility must comply with the seismic and safety design 
standards for Los Angeles County, California, in effect at the time 
the Secretary takes possession of the facility. 
(c) LEASEBACK AUTHORITY.—If the fair market value of a facility 
to be provided as consideration for the conveyance of real property 
under subsection (a) exceeds the fair market value of the conveyed 
property, the Secretary may enter into a lease for the facility 
for a period not to exceed 10 years. Rental payments under the 
lease shall be established at the rate necessary to permit the 
lessor to recover, by the end of the lease term, the difference 
between the fair market value of a facility and the fair market 
value of the conveyed property. At the end of the lease, all right, 
title, and interest in the facility shall vest in the United States. 
114 STAT. 1654A-434 
PUBLIC LAW 106-398—APPENDIX 
(d) APPRAISAL OF PROPERTY.—The Secretary shall obtain an 
appraisal of the fair market value of all property and facilities 
to be sold, leased, or acquired under this section. An appraisal 
shall be made by a qualified appraiser familiar with the type 
of property to be appraised. The Secretary shall consider the 
appraisals in determining whether a proposed conveyance accom-
plishes the purpose of this section and is in the interest of the 
United States. Appraisal reports shall not be released outside of 
the Federal Government, other than to the other party to a convey-
ance. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of real property to be conveyed under subsection (a) 
or acquired under subsection (b) shall be determined by a survey 
satisfactory to the Secretary. The cost of the survey shall be borne 
by the recipient of the property. 
(f) EXEMPTION.—Section 2696 of title 10, United States Code, 
does not apply to the conveyance authorized by subsection (a). 
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a conveyance under subsection (a) or a lease under subsection 
(c) as the Secretary considers appropriate to protect the interests 
of the United States. 
SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION, 
CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to Mendocino County, California 
(in this section referred to as the "County"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
82 acres at the Point Arena Air Force Station, California, for the 
purpose of permitting the County to use the parcel for municipal 
and other public purposes. 
(b) CONDITIONS OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the County— 
(1) use the conveyed property, directly or through an agree-
ment with a public or private entity, for municipal and other 
public purposes; 
(2) convey the property to an appropriate public or private 
entity that will use the conveyed property for such purposes; 
or 
(3) convey the property by sale or exchange and— 
(A) if conveyed by exchange, use the property acquired 
in the exchange for such purposes; or 
(B) if conveyed by sale, use the proceeds to acquire 
property that will be used for such purposes. 
(c) CONSIDERATION.—If the Secretary determines at any time 
that the County, or a public or private entity to which the property 
is reconveyed as authorized by paragraph (2) of subsection (b), 
has failed to comply with the conditions specified in such subsection, 
the County shall pay the United States an amount equal to the 
fair market value of the property conveyed under subsection (a), 
as determined by an appraisal satisfactory to the Secretary. 
(d) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-435 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2863. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, or lease upon such terms as 
the Secretary considers appropriate, to the Lowry Redevelopment 
Authority (in this section referred to as the "Authority") all right, 
title, and interest of the United States in and to seven parcels 
of real property, including any improvements thereon, consisting 
of approximately 23 acres at the former Lowry Air Force Base, 
Colorado, for the purpose of permitting the Authority to use the 
property in furtherance of economic development and other public 
purposes. 
(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of real property to be conveyed or leased under sub-
section (a) shall be determined by a survey satisfactory to the 
Secretary. The cost of the survey shall be borne by the Authority. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
a conveyance or lease under subsection (a) as the Secretary consid-
ers appropriate to protect the interests of the United States. 
SEC. 2864. LAND CONVEYANCE, WRIGHT-PATTERSON AIR FORCE BASE, 
OHIO. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to Greene County, Ohio (in 
this section referred to as the "County"), all right, title, and interest 
of the United States in and to a parcel of real property, including 
any improvements thereon, consisting of approximately 92 acres 
comprising the communications test annex at Wright-Patterson Air 
Force Base, Ohio, for the purpose of permitting the County to 
use the parcel for recreational purposes. 
(b) DESCRIPTION OF PROPERTY.—^The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the County. 
(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2866. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR 
FORCE BASE, SOUTH DAKOTA. 
(a) CHANGE IN RECIPIENT.—Subsection (a) of section 2863 of 
the Military Construction Authorization Act for Fiscal Year 1998 
(division B of Public Law 105-85; 111 Stat. 2010) is amended 
by striking "Greater Box Elder Area Economic Development Cor-
poration, Box Elder, South Dakota (in this section referred to as 
the 'Corporation')" and inserting "West River Foundation for Eco-
nomic and Community Development, Sturgis, South Dakota (in 
this section referred to as the 'Foundation')". 
(b) CONFORMING AMENDMENTS.—Such section is further amend-
ed by striking "Corporation" each place it appears in subsections 
(c) and (e) and inserting "Foundation". 
114 STAT. 1654A-436 
PUBLIC LAW 106-398—APPENDIX 
SEC. 2866. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT, 
WASHINGTON. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 
may convey, without consideration, to the Port of Everett, Washing-
ton (in this section referred to as the "Port"), all right, title, and 
interest of the United States in and to a parcel of real property, 
including any improvements thereon, consisting of approximately 
22 acres and known as the Mukilteo Tank Farm for the purpose 
of permitting the Port to use the parcel for the development and 
operation of a port facility and for other public purposes. 
(b) PERSONAL PROPERTY.—The Secretary of the Air Force may 
include as part of the conveyance authorized by subsection (a) 
any personal property at the Mukilteo Tank Farm that is excess 
to the needs of the Air Force if the Secretary of Transportation 
determines that such personal property is appropriate for the 
development or operation of the Mukilteo Tank Farm as a port 
facility. 
(c) INTERIM LEASE.—(1) Until such time as the real property 
described in subsection (a) is conveyed by deed, the Secretary of 
the Air Force may lease all or part of the real property to the 
Port if the Secretary determines that the real property is suitable 
for lease and the lease of the property under this subsection will 
not interfere with any environmental remediation activities or 
schedules under applicable law or agreements. 
(2) The determination under paragraph (1) whether the lease 
of the real property will interfere with environmental remediation 
activities or schedules referred to in that paragraph shall be based 
upon an environmental baseline survey conducted in accordance 
with applicable Air Force regulations and policy. 
(3) Except as provided by paragraph (4), as consideration for 
the lease under this subsection, the Port shall pay the Secretary 
an amount equal to the fair market of the lease, as determined 
by the Secretary. 
(4) The amount of consideration paid by the Port for the lease 
under this subsection may be an amount, as determined by the 
Secretary, less than the fair market value of the lease if the Sec-
retary determines that— 
(A) the public interest will be served by an amount of 
consideration for the lease that is less than the fair market 
value of the lease; and 
(B) payment of an amount equal to the fair market value 
of the lease is unobtainable. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary of 
the Air Force and the Port. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Air Force, in consultation with the Secretary of Transportation, 
may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as the Secretary of the 
Air Force considers appropriate to protect the interests of the United 
States. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-437 
PART IV—OTHER CONVEYANCES 
SEC. 2871. LAND CONVEYANCE, ARMY AND AIR FORCE EXCHANGE 
SERVICE PROPERTY, FARMERS BRANCH, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of Defense may 
authorize the Army and Air Force Exchange Service, which is 
a nonappropriated fund instrumentaUty of the United States, to 
sell all right, title, and interest of the United States in and to 
a parcel of real property, including improvements thereon, that 
is located at 2727 LBJ Freeway in Farmers Branch, Texas. 
(b) CONSIDERATION.—As consideration for conveyance under 
subsection (a), the purchaser shall pay, in a single lump sum 
payment, an amount equal to the fair market value of the real 
property conveyed, as determined by the Secretary. The payment 
shall be handled in the manner provided in section 204(c) of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
485(c)). 
(c) CONGRESSIONAL REPORT.—^Within 30 days after the sale 
of the property under subsection (a), the Secretary shall submit 
to Congress a report detailing the particulars of the sale. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
The cost of the survey shall be borne by the purchaser. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2872. LAND CONVEYANCE, FORMER NATIONAL GROUND INTEL-
LIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Administrator of General 
Services may convey, without consideration, to the City of Char-
lottesville, Virginia (in this section referred to as the "City"), all 
right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon, formerly 
occupied by the National Ground Intelligence Center and known 
as the Jefferson Street Property, for the purpose of permitting 
the City to use the parcel, directly or through an agreement with 
a public or private entity, for economic development purposes. 
(b) AUTHORITY TO CONVEY WITHOUT CONSIDERATION.—The 
conveyance authorized by subsection (a) may be made without 
consideration if the Administrator determines that conveyance on 
that basis would be in the best interests of the United States. 
(c) REVERSIONARY 
INTEREST.—During the five-year period 
beginning on the date the Administrator makes the conveyance 
authorized by subsection (a), if the Administrator determines that 
the conveyed real property is not being used in accordance with 
the purpose specified in such subsection, all right, title, and interest 
in and to the property, including any improvements thereon, may 
upon the election of the Administrator revert to the United States, 
and upon such reversion the United States shall have the right 
of immediate entry onto the property. 
(d) LIMITATION ON CERTAIN SUBSEQUENT CONVEYANCES.—(1) 
Subject to paragraph (2), if at any time after the Administrator 
makes the conveyance authorized by subsection (a) the City conveys 
any portion of the parcel conveyed under that subsection to a 
114 STAT. 1654A-438 
PUBLIC LAW 106-39&—APPENDIX 
private entity, the City shall pay to the United States an amount 
equal to— 
(A) the fair market value (as determined by the Adminis-
trator) of the portion conveyed at the time of the conveyance; 
less 
(B) the cost of any improvements to the property made 
by the City. 
(2) Paragraph (1) applies to a conveyance described in such 
paragraph only if the Administrator makes the conveyance author-
ized by subsection (a) without consideration. 
(3) The Administrator shall deposit any amounts paid the 
United States under this subsection into the fund established by 
section 210(f) of the Federal Property and Administrative Services 
Act of 1949 (40 U.S.C. 490(f)). Any amounts so deposited shall 
be available to the Administrator for real property management 
and related activities as provided for under paragraph (2) of such 
section. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Adminis-
trator. The cost of the survey shall be borne by the City. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Administrator 
may require such additional terms and conditions in connection 
with the conveyance under subsection (a) as the Administrator 
considers appropriate to protect the interests of the United States. 
Subtitle E—Other Matters 
SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARK-
LAND, 
MARINE 
CORPS 
BASE, 
CAMP 
PENDLETON, 
CALIFORNIA. 
Section 2851 of the Military Construction Authorization Act 
for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 
2219) is amended by adding at the end the following new subsection: 
"(f) EXEMPTION FOR CERTAIN LEASED LANDS.—(1) Section 303 
of title 49, and section 138 of title 23, United States Code, shall 
not apply to any approval by the Secretary of Transportation of 
the use by State Route 241 of parkland within Camp Pendleton 
that is leased by the State of California, where the lease reserved 
to the United States the right to establish rights-of-way. 
"(2) The Agency shall be responsible for the implementation 
of any measures required by the Secretary of Transportation to 
mitigate the impact of the Agency's use of parkland within Camp 
Pendleton for State Route 241. With the exception of those mitiga-
tion measures directly related to park functions, the measures 
shall be located outside the boundaries of Camp Pendleton. The 
required mitigation measures related to park functions shall be 
implemented in accordance with the terms of the lease referred 
to in paragraph (1).". 
SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE 
OF FIRE, SECURITY, POLICE, PUBLIC WORKS, AND UTIL-
ITY SERVICES FROM LOCAL GOVERNMENT AGENCIES. 
Section 816(c) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as added 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-439 
by section 2873 of the Strom Thurmond National Defense Authoriza-
tion Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2225), 
is amended by striking "2000" and inserting "2001". 
SEC. 2883. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
THIRD 
BUILDING AT 
UNITED 
STATES AIR FORCE 
MUSEUM, WRIGHT-PATTERSON AIR FORCE BASE, OHIO. 
(a) ACCEPTANCE AUTHORIZED.—The Secretary of the Air Force 
may accept from the Air Force Museum Foundation, a private 
nonprofit 
foundation, 
gifts 
in the 
form 
of cash, 
Treasury 
instruments, or comparable United States Government securities 
for the purpose of paying the costs of design and construction 
of a third building for the United States Air Force Museum at 
Wright-Patterson Air Force Base, Ohio. The terms of the gift may 
specify that all or a part of the amount of the gift be utilized 
solely for purposes of the design and construction of a particular 
portion of the building. 
(b) DEPOSIT IN ESCROW ACCOUNT.—The Secretary, acting 
through the Comptroller of the Air Force Materiel Command, shall 
deposit the amount of any cash, instruments, or securities accepted 
as a gift under subsection (a) in an escrow account established 
for that purpose. 
(c) INVESTMENT.—^Amounts in the escrow account under sub-
section (b) not required to meet current requirements of the account 
shall be invested in public debt securities with maturities suitable 
to the needs of the account, as determined by the Comptroller 
of the Air Force Materiel Command, and bearing interest at rates 
that take into consideration current market 5delds on outstanding 
marketable obligations of the United States of comparable matu-
rities. The income on such investments shall be credited to and 
form a part of the account. 
(d) UTILIZATION.—(1) Amounts in the escrow account under 
subsection (b), including any income on investments of such 
amounts under subsection (c), that are attributable to a particular 
portion of the building described in subsection (a) shall be utilized 
by the Comptroller of the Air Force Materiel Command to pay 
the costs of the design and construction of such portion of the 
building, including progress payments for such design and construc-
tion. 
(2) Subject to paragraph (3), amounts shall be payable under 
paragraph (1) upon receipt by the Comptroller of the Air Force 
Materiel Command of a notification from an appropriate officer 
or employee of the Corps of Engineers that such amounts are 
required for the timely payment of an invoice or claim for the 
performance of design or construction activities for which such 
amounts are payable under paragraph (1). 
(3) The Comptroller of the Air Force Materiel Command shall, 
to the maximum extent practicable consistent with good business 
practice, limit payment of amounts from the account in order to 
maximize the return on investment of amounts in the account. 
(e) LIMITATION ON CONTRACTS.—The Corps of Engineers may 
not enter into a contract for the design or construction of a particu-
lar portion of the building described in subsection (a) until amounts 
in the escrow account under subsection (b), including any income 
on investments of such amounts under subsection (c), that are 
attributable to such portion of the building are sufficient to cover 
the amount of such contract. 
79-194 O - 00 - 16: QL 3 Part 3 
114 STAT. 1654A-440 
PUBLIC LAW 106-398—APPENDIX 
(f) LIQUIDATION OF ESCROW ACCOUNT.—Upon final payment 
of all invoices and claims associated with the design and construc-
tion of the building described in subsection (a), the Secretary of 
the Air Force shall terminate the escrow account under subsection 
(b). Any amounts in the account upon final pa3nnent of invoices 
and claims shall be available to the Secretary for such purposes 
as the Secretary considers appropriate. 
SEC. 2884. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT 
MARINE CORPS BASE, QUANTICO, VIRGINIA. 
(a) AUTHORITY TO ENTER INTO JOINT VENTURE FOR DEVELOP-
MENT.—The Secretary of the Navy may enter into a joint venture 
with the Marine Corps Heritage Foundation, a not-for-profit entity, 
for the design and construction of a multipurpose facility to be 
used for historical displays for public viewing, curation, and storage 
of artifacts, research facilities, classrooms, offices, and associated 
activities consistent with the mission of the Marine Corps Univer-
sity. The facility shall be known as the Marine Corps Heritage 
Center. 
(b) AUTHORITY TO ACCEPT CERTAIN LAND.—(1) The Secretary 
may, if the Secretary determines it to be necessary for the facility 
described in subsection (a), accept without compensation any portion 
of the land known as Locust Shade Park which is now offered 
by the Park Authority of the County of Prince William, Virginia, 
as a potential site for the facility. 
(2) The Park Authority may convey the land described in para-
graph (1) to the Secretary under this section without regard to 
any limitation on its use, or requirement for its replacement upon 
conveyance, under section 6(f)(3) of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)) or under any other 
provision of law. 
(c) DESIGN AND CONSTRUCTION.—^For each phase of development 
of the facility described in subsection (a), the Secretary may— 
(1) permit the Marine Corps Heritage Foundation to con-
tract for the design, construction, or both of such phase of 
development; or 
(2) accept funds from the Marine Corps Heritage Founda-
tion for the design, construction, or both of such phase of 
development. 
(d) ACCEPTANCE AUTHORITY.—^Upon completion of construction 
of any phase of development of the facility described in subsection 
(a) by the Marine Corps Heritage Foundation to the satisfaction 
of the Secretary, and the satisfaction of any financial obligations 
incident thereto by the Marine Corps Heritage Foundation, the 
facility shall become the property of the Department of the Navy 
with all right, title, and interest in and to facility being in the 
United States. 
(e) LEASE OF FACILITY.—(1) The Secretary may lease, under 
such terms and conditions as the Secretary considers appropriate 
for the joint venture authorized by subsection (a), portions of the 
facility developed under that subsection to the Marine Corps Herit-
age Foundation for use in generating revenue for activities of the 
facility and for such administrative purposes as may be necessary 
for support of the facility. 
(2) The amount of consideration paid the Secretary by the 
Marine Corps Heritage Foundation for the lease under paragraph 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-441 
(1) may not exceed an amount equal to the actual cost (as deter-
mined by the Secretary) of the operation of the facility. 
(3) Notwithstanding any other provision of law, the Secretary 
shall use amounts paid under paragraph (2) to cover the costs 
of operation of the facility. 
(f) ADDITIONAL TERMS AND CONDITIONS.—^The Secretary may 
require such additional terms and conditions in connection with 
the joint venture authorized by subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2885. ACTIVITIES RELATING TO THE GREENBELT AT FALLON 
NAVAL AIR STATION, NEVADA. 
(a) IN GENERAL.—The Secretary of the Navy shall, in consulta-
tion with the Secretary of the Army acting through the Chief 
of Engineers, carry out appropriate activities after examination 
of the potential environmental and flight safety ramifications for 
irrigation that has been eliminated, or will be eliminated, for the 
greenbelt at Fallon Naval Air Station, Nevada. Any activities car-
ried out under the preceding sentence shall be consistent with 
aircrew safety at Fallon Naval vl^r Station. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is hereby 
authorized to be appropriated for operation and maintenance for 
the Navy such sums as may be necessary to carry out the activities 
required by subsection (a). 
SEC. 2886. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM. 
(a) ESTABLISHMENT REQUIRED.—The Secretary of Defense shall 
establish on Federal lands near the Fena Caves in Guam a suitable 
memorial intended to honor those Guamanian civilians who were 
killed during the occupation of Guam during World War II and 
to commemorate the liberation of Guam by the United States Armed 
Forces in 1944. 
(b) MAINTENANCE OF MEMORIAL.—The Secretary of Defense 
shall be responsible for the maintenance of the memorial established 
pursuant to subsection (a). 
(c) CONSULTATION.—In designing and building the memorial 
and selecting the specific location for the memorial, the Secretary 
of Defense shall consult with the American Battle Monuments 
Commission established under chapter 21 of title 36, United States 
Code. 
SEC. 2887. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN 
ATOLL AS THE RONALD REAGAN BALLISTIC MISSILE 
DEFENSE TEST SITE AT KWAJALEIN ATOLL. 
The United States Army missile testing range located at Kwaja-
lein Atoll in the Marshall Islands shall after the date of the enact-
ment of this Act be known and designated as the "Ronald Reagan 
Ballistic Missile Defense Test Site at Kwajalein Atoll". Any ref-
erence to that range in any law, regulation, map, document, record, 
or other paper of the United States shall be considered to be 
a reference to the Ronald Reagan Ballistic Missile Defense Test 
Site at Kwajalein Atoll. 
114 STAT. 1654A-442 
PUBLIC LAW 106-398—APPENDIX 
SEC. 2888. DESIGNATION OF BUILDING AT FORT BELVOBR, VIRGINIA, 
IN HONOR OF ANDREW T. MCNAMARA. 
The building at 8725 John J. Kingman Road, Fort Belvoir, 
Virginia, shall be known and designated as the "Andrew T. McNa-
mara Building". Any reference to that building in any law, regula-
tion, map, document, record, or other paper of the tjnited States 
shall be considered to be a reference to the Andrew T. McNamara 
Building. 
SEC. 2889. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO, 
CALIFORNIA, IN HONOR OF BOB WILSON, A FORMER 
MEMBER OF THE HOUSE OF REPRESENTATIVES. 
The Balboa Naval Hospital in San Diego, California, shall 
be known and designated as the "Bob Wilson Naval Hospital". 
Any reference to the Balboa Naval Hospital in any law, regulation, 
map, document, record, or other paper of the United States shall 
be considered to be a reference to the Bob Wilson Naval Hospital. 
SEC. 2890. SENSE OF CONGRESS REGARDING IMPORTANCE OF EXPAN-
SION OF NATIONAL TRAINING CENTER, FORT IRWIN, 
CALIFORNIA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The National Training Center at Fort Irwin, California, 
is the Army's premier warfare training center. 
(2) The National Training Center was cited by General 
Norman Schwarzkopf as being instrumental to the success of 
the allied victory in the Persian Gulf conflict. 
(3) The National Training Center gives a military unit 
the opportunity to use high-tech equipment and confront realis-
tic opposing forces in order to accurately discover the unit's 
strengths and weaknesses. 
(4) The current size of the National Training Center is 
insufficient in light of the advanced equipment and technology 
required for modern warfare training. 
(5) The expansion of the National Training Center to 
include additional lands would permit military units and mem-
bers of the Armed Forces to adequately prepare for future 
conflicts and various warfare scenarios they may encounter 
throughout the world. 
(6) Additional lands for the expansion of the National 
Training Center are presently available in the California desert. 
(7) The expansion of the National Training Center is a 
top priority of the Army and the Office of the Secretary of 
Defense. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the prompt expansion of the National Training Center is vital 
to the national security interests of the United States. 
SEC. 2891. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT 
MELROSE RANGE, NEW MEXICO, AND YAKIMA TRAINING 
CENTER, WASHINGTON. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Secretary of the Air Force seeks the transfer of 
6,713 acres of public domain land within the Melrose Range, 
New Mexico, from the Department of the Interior to the Depart-
ment of the Air Force for the continued use of these lands 
as a military range. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-443 
(2) The_Secretary of the Army seeks the transfer of 6,640 
apres'orpubHc domain land within the Yakima Training Center, 
Washington, from the Department of the Interior to the Depart-
ment of the Army for mihtary training purposes. 
(3) The transfers provide the Department of the Air Force 
and the Department of the Army with complete land manage-
ment control of these public domain lands to allow for effective 
land management, minimize safety concerns, and ensure mean-
ingful training. 
(4) The Department of the Interior concurs with the land 
transfers at Melrose Range and Yakima Training Center. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that 
the land transfers at Melrose Range, New Mexico, and Yakima 
Training Center, Washington, will support military training, safety, 
and land management concerns on the lands subject to transfer. 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY 
NATIONAL SECURITY PROGRAMS 
SUBTITLE A—NATIONAL SECURITY PROGRAMS AUTHORIZATIONS 
Sec.3101.National Nuclear Security Administration. 
Sec. 3102. Defense environmental restoration and waste management. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense environmental management privatization. 
Sec. 3105. Defense nuclear waste disposal. 
SUBTITLE B—RECURRING GENERAL PROVISIONS 
Sec. 3121. Reprogramming. 
Sec. 3122. Limits on general plant projects. 
Sec. 3123. Limits on construction projects. 
Sec. 3124. Fund transfer authority. 
Sec. 3125. Authority for conceptual and construction design. 
Sec. 3126. Authority for emergency planning, design, and construction activities. 
Sec. 3127. Funds available for all national security programs of the Department of 
Energy. 
Sec. 3128. Availability of funds. 
Sec. 3129. Transfers of defense environmental management funds. 
SUBTITLE C—PROGRAM AUTHORIZATIONS, RESTRICTIONS, AND LIMITATIONS 
Sec. 3131. Funding for termination costs of River Protection Project, Richland, Wash-
ington. 
Sec. 3132. Enhanced cooperation between National Nuclear Security Administration 
and Ballistic Missile Defense Organization. 
Sec. 3133. Reprogramming of funds available for infrastructure upgrades or mainte-
nance in certain accounts of the National Nuclear Security Administra-
tion. 
Sec. 3134. Adjustment of composite theoretical performance levels for post-shipment 
verification reports on advanced supercomputer sales to certain foreign 
nations. 
Sec. 3135. Modification of counterintelligence polygraph program. 
Sec. 3136. Employee incentives for employees at closure project facilities. 
Sec. 3137. Continuation of processing, treatment, and disposition of legacy nuclear 
materials. 
Sec. 3138. Contingent limitation on use of certain funds pending certifications of 
compliance with Formerly Utihzed Sites Remedial Action Program fund-
ing prohibition. 
Sec. 3139. Conceptual design for Subsurface Geosciences Laboratory at Idaho Na-
tional Engineering and Environmental Laboratory, Idaho Falls, Idaho. 
114 STAT. 1654A-444 
PUBLIC LAW 106-398—APPENDIX 
Sec. 3140. Report on National Ignition Facility, Lawrence Livermore National Lab-
oratory, Livermore, California. 
Sec. 3141. River Protection Project, Richland, Washington. 
Sec. 3142. Report on tank waste remediation system, Hanford Reservation, Richland, 
Washington. 
SUBTITLE D—^MATTERS RELATING TO MANAGEMENT OF NATIONAL NUCLEAR SECURITY 
ADMINISTRATION 
Sec. 3151. Term of office of person first appointed as Under Secretary for Nuclear Se-
curity of the Department of Energy. 
Sec. 3152. Membership of Under Secretary for Nuclear Security on the Joint Nuclear 
Weapons Council. 
Sec. 3153. Organization plan for field offices of the National Nuclear Security Admin-
istration. 
Sec. 3154. Required contents of fiiture-years nuclear security program. 
Sec. 3155. Future-years nuclear security program for fiscal year 2001. 
Sec. 3156. Engineering and manufacturing research, development, and demonstra-
tion by plant managers of certain nuclear weapons production plants. 
Sec. 3157. Prohibition on individuals engaging in concvurent service or duties within 
National Nuclear Security Administration and outside that Administra-
tion but within Department of Energy. 
Sec. 3158. Annual plan for obligation of funds of the National Nuclear Seciuity Ad-
ministration. 
Sec. 3159. Authority to reorganize National Nuclear Security Administration. 
SUBTITLE E—NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT 
Sec. 3161. Technology Infrastructure Pilot Program. 
Sec. 3162. Report on small business participation in National Nuclear Security Ad-
ministration activities. 
Sec. 3163. Study and report related to improving mission effectiveness, partnerships, 
and technology transfer at national security laboratories and nuclear 
weapons production facilities. 
Sec. 3164. Report on effectiveness of National Nuclear Security Administration tech-
nology development partnerships with non-Federal entities. 
Sec. 3165. Definitions. 
SUBTITLE F—^MATTERS RELATING TO DEFENSE NUCLEAR NONPROLIFERATION 
Sec. 3171. Annual report on status of Nuclear Materials Protection, Control, and Ac-
counting Program. 
Sec. 3172. Nuclear Cities Initiative. 
Sec. 3173. Department of Energy nonproliferation monitoring. 
Sec. 3174. Sense of Congress on the need for coordination of nonproliferation pro-
grams. 
Sec. 3175. Limitation on use of funds for International Nuclear Safety Program. 
SUBTITLE G—OTHER MATTERS 
Sec. 3191. Extension of authority for appointment of certain scientific, engineering, 
and technical personnel. 
Sec. 3192. Biennial report containing update on nucleeir test readiness postures. 
Sec. 3193. Frequency of reports on inadvertent releases of Restricted Data and For-
merly Restricted Data. 
Sec. 3194. Form of certifications regarding the safety or reliability of the nuclear 
weapons stockpile. 
Sec. 3195. Authority to provide certificate of commendation to Department of Energy 
and contractor employees for exemplary service in stockpile stewardship 
and security. 
Sec. 3196. Cooperative research and development agreements for government-owned, 
contractor-operated laboratories. 
Sec. 3197. Office of Arctic Energy. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2001 for the activities of the National 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-445 
Nuclear Security Administration in carrying out programs nec-
essary for national security in the amount of $6,422,356,000, to 
be allocated as follows: 
(1) 
WEAPONS 
ACTIVITIES.—For 
weapons 
activities, 
$4,840,289,000, to be allocated as follows: 
(A) For stewardship, $4,505,545,000, to be allocated 
as follows: 
(i) For directed stockpile work, $862,603,000. 
(ii) For campaigns, $2,054,014,000, to be allocated 
as follows: 
(I) 
For 
operation 
and 
maintenance, 
$1,639,682,000. 
(II) For construction, $414,332,000, to be allo-
cated as follows: 
Project 01-D-lOl, distributed information 
systems laboratory, Sandia National Labora-
tories, Livermore, California, $2,300,000. 
Project 00-I)-103, terascale simulation 
facility, Lawrence Livermore National Labora-
tory, Livermore, California, $5,000,000. 
Project OO-D-105, strategic computing 
complex, Los Alamos National Laboratory, Los 
Alamos, New Mexico, $56,000,000. 
Project OO-D-107, joint 
computational 
engineering laboratory, Sandia National Lab-
oratories, 
Albuquerque, 
New 
Mexico, 
$6,700,000. 
Project 98-D-125, tritium extraction facil-
ity. Savannah River Plant, Aiken, South Caro-
lina, $75,000,000. 
Project 98-D-126, accelerator production 
of tritium, various locations, $25,000,000. 
Project 97-D-102, dual-axis radiographic 
hydrotest facility, Los Alamos National Lab-
oratory, 
Los 
Alamos, 
New 
Mexico, 
$35,232,000. 
Project 96-D-lll, national ignition facil-
ity (NIF), Lawrence Livermore National Lab-
oratory, Livermore, California, $209,100,000. 
(iii) For readiness in technical base and facilities, 
$1,588,928,000, to be allocated as follows: 
(I) 
For 
operation 
and 
maintenance, 
$1,429,087,000. 
(II) For plant projects (including maintenance, 
restoration, planning, construction, acquisition, 
modification of facilities, and the continuation of 
projects authorized in prior years, and land 
acquisition related thereto), $159,841,000, to be 
allocated as follows: 
Project 
Ol-D-103, preliminary 
project 
design and engineering, various locations, 
$14,500,000. 
Project Ol-D-124, highly enriched ura-
nium (HEU) materials storage facility, Y-12 
Plant, Oak Ridge, Tennessee, $17,800,000. 
114 STAT. 1654A-446 
PUBLIC LAW 106-398—APPENDIX 
Project Ol-D-126, weapons 
evaluation 
test laboratory, Pantex Plant, Amarillo, Texas, 
$3,000,000. 
Project 99-D-103, isotope sciences facili-
ties, Lawrence Livermore National Labora-
tory, Livermore, California, $5,000,000. 
Project 99-D-104, protection of real prop-
erty (roof reconstruction, phase II), Lawrence 
Livermore National Laboratory, Livermore, 
California, $2,800,000. 
Project 99-D-106, model validation and 
system certification center, Sandia National 
Laboratories, 
Albuquerque, 
New 
Mexico, 
$5,200,000. 
Project 99-D-108, renovate existing road-
ways, Nevada Test Site, Nevada, $2,000,000. 
Project 99-D-125, replace boilers and con-
trols, Kansas City Plant, Kansas City, Mis-
souri, $13,000,000. 
Project 99-D-127, stockpile management 
restructuring initiative, Kansas City Plant, 
Kansas City, Missouri, $23,765,000. 
Project 99-D-128, stockpile management 
restructuring initiative, Pantex Plant, Ama-
rillo, Texas, $4,998,000. 
Project 99-D-132, stockpile management 
restructuring initiative, nuclear material safe-
guards and security upgrades project, Los 
Alamos National Laboratory, Los Alamos, New 
Mexico, $18,043,000. 
Project 98-D-123, stockpile management 
restructuring initiative, tritium facility mod-
ernization and consolidation, Savannah River 
Plant, Aiken, South Carolina, $30,767,000. 
Project 97-D-123, structural upgrades, 
Kansas City Plant, Kansas City, Missouri, 
$2,918,000. 
Project 95-D-102, chemistry and metal-
lurgy research (CMR) upgrades project, Los 
Alamos National Laboratory, Los Alamos, New 
Mexico, $13,337,000. 
Project 88-I)-123, security enhancements, 
Pantex Plant, Amarillo, Texas, $2,713,000. 
(B) For secure transportation asset, $115,673,000, to 
be allocated as follows: 
(i) For operation and maintenance, $79,357,000. 
(ii) For program direction, $36,316,000. 
(C) For program direction, $219,071,000. 
(2) 
DEFENSE 
NUCLEAR 
NONPROLIFERATION.—For 
other 
nuclear security activities, $877,467,000, to be allocated as 
follows: 
(A) For nonproliferation and verification research and 
development, $252,990,000, to be allocated as follows: 
(i) For operation and maintenance, $245,990,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-447 
authorized in prior years, and land acquisition related 
thereto), $7,000,000, to be allocated as follows: 
Project OO-D-192, nonproliferation and inter-
national security center (NISC), Los Alamos 
National Laboratory, Los Alamos, New Mexico, 
$7,000,000. 
(B) For arms control, $320,560,000, to be allocated 
as follows: 
(i) For arms control operations, $285,370,000. 
(ii) For highly enriched uranium transparency 
implementation, $15,190,000. 
(iii) For international nuclear safety, $20,000,000. 
(C) For fissile materials control and disposition, 
$252,449,000, to be allocated as follows: 
(i) For operation and maintenance, $175,517,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $76,932,000, to be allocated as follows: 
Project 01-I)-407, highly enriched uranium 
blend-down, Savannah River Site, Aiken, South 
Carolina, $27,932,000. 
Project OO-D-142, immobilization and associ-
ated processing facility (Title I and II design). 
Savannah River Site, Aiken, South Carolina, 
$3,000,000. 
Project 99-D-141, pit disassembly and conver-
sion facility (Title I and II design). Savannah River 
Site, Aiken, South Carolina, $20,000,000. 
Project 99-D-143, mixed oxide fuel fabrication 
facility (Title I and II design). Savannah River 
Site, Aiken, South Carolina, $26,000,000. 
(D) For program direction, $51,468,000. 
(3) NAVAL REACTORS.—For naval reactors, $694,600,000, 
to be allocated as follows: 
(A) For naval reactors development, $673,200,000, to 
be allocated as follows: 
(i) For operation and maintenance, $644,500,000. 
(ii) For general plant projects, $11,400,000. 
(iii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $17,300,000, to be allocated as follows: 
Project 01-r)-200, major office replacement 
building, Schenectady, New York, $1,300,000. 
Project 90-N-102, expended core facility dry 
cell project. 
Naval 
Reactors 
Facility, 
Idaho, 
$16,000,000. 
(B) For program direction, $21,400,000. 
(4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY.— 
For the Office of the Administrator for Nuclear Security, for 
program direction, $10,000,000. 
114 STAT. 1654A-448 
PUBLIC LAW 106-398—APPENDIX 
SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
MANAGEMENT. 
(a) IN GENERAL.—Subject to subsection (b), funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2001 for environmental restoration and waste manage-
ment activities in carrying out programs necessary for national 
security in the amount of $6,058,009,000, to be allocated as follows: 
(1) CLOSURE PROJECTS.—For closure projects carried out 
in accordance with section 3143 of the National Defense 
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
110 Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000. 
(2) SITE/PROJECT COMPLETION.—For site completion and 
project completion in carrying out environmental management 
activities 
necessary 
for 
national 
security 
programs, 
$941,719,000, to be allocated as follows: 
(A) For operation and maintenance, $900,175,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$41,544,000, to be allocated as follows: 
Project Ol-D-402, Intec cathodic protection system 
expansion, Idaho National Engineering and Environ-
mental Laboratory, Idaho Falls, Idaho, $500,000. 
Project 99-D-402, tank farm support services, 
F&H areas. Savannah River Site, Aiken, South Caro-
lina, $7,714,000. 
Project 99-D-404, health physics instrumentation 
laboratory, Idaho National Engineering and Environ-
mental Laboratory, Idaho Falls, Idaho, $4,300,000. 
Project 98-D-453, plutonium stabilization and 
handling system for plutonium finishing plant, Rich-
land, Washington, $1,690,000. 
Project 97-D-470, regulatory monitoring and bio-
assay laboratory. Savannah River Site, Aiken, South 
Carolina, $3,949,000. 
Project 96-D-471, chlorofluorocarbon heating, ven-
tilation, and air conditioning and chiller retrofit. 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$12,512,000. 
Project 92-D-140, F&H canyon exhaust upgrades, 
Savannah 
River 
Site, 
Aiken, 
South 
Carolina, 
$8,879,000. 
Project 86-D-103, decontamination and waste 
treatment facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $2,000,000. 
(3) POST-2006 COMPLETION.—For post-2006 completion in 
carrying out environmental restoration and waste management 
activities 
necessary 
for 
national 
security 
programs, 
$3,432,457,000, to be allocated as follows: 
(A) For operation and maintenance, $2,691,106,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, and land 
acquisition 
related 
thereto), 
$27,212,000, to be allocated as follows: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-449 
Project 93-D-187, high-level waste removal from 
filled waste tanks, Savannah River Site, Aiken, South 
Carolina, $27,212,000. 
(C) For the Office of River Protection in carrying out 
environmental restoration and waste management activi-
ties necessary for national security programs, $714,139,000, 
to be allocated as follows: 
(i) For operation and maintenance, $309,619,000. 
(ii) For plant projects (including maintenance, res-
toration, planning, construction, acquisition, modifica-
tion of facilities, and the continuation of projects 
authorized in prior years, and land acquisition related 
thereto), $404,520,000, to be allocated as follows: 
Project Ol-D-416, Tank Waste Remediation 
System privatization phase I, Richland, Washing-
ton, $332,000,000. 
Project 
Ol-D-403, 
immobilized 
high-level 
waste interim storage facility, Richland, Washing-
ton, $1,300,000. 
Project 99-D-403, privatization phase I infra-
structure 
support, 
Richland, 
Washington, 
$7,812,000. 
Project 97-D-402, tank farm restoration and 
safe 
operations, 
Richland, 
Washington, 
$46,023,000. 
Project 94-D-407, initial tank retrieval sys-
tems, Richland, Washington, $17,385,000. 
(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—For science 
and technology development in carrying out environmental res-
toration and waste management activities necessary for 
national security programs, $246,548,000. 
(5) PROGRAM DIRECTION.—^For program direction in carry-
ing out environmental restoration and waste management 
activities 
necessary 
for 
national 
security 
programs, 
$354,988,000. 
(b) ADJUSTMENT.—The total amount authorized to be appro-
priated by subsection (a) is the sum of the amounts authorized 
to be appropriated by paragraphs (1) through (5) of that subsection, 
reduced by $84,317,000, to be derived from offsets and use of 
prior year balances. 
SEC. 3103. OTHER DEFENSE ACnvrriES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2001 for other 
defense activities in carrying out programs necessary for national 
security in the amount of $543,822,000, to be allocated as follows: 
(1) INTELLIGENCE.—For intelligence, $38,059,000, to be allo-
cated as follows: 
(A) For operation and maintenance, $36,059,000. 
(B) For plant projects (including maintenance, restora-
tion, planning, construction, acquisition, modification of 
facilities, and the continuation of projects authorized in 
prior 
years, 
and 
land 
acquisition 
related 
thereto), 
$2,000,000, to be allocated as follows: 
Project 
Ol-D-800, 
Sensitive 
compartmented 
information facility, Lawrence Livermore National Lab-
oratory, Livermore, California, $2,000,000. 
114 STAT. 1654A-450 
PUBLIC LAW 106-398—APPENDIX 
(2) 
COUNTERINTELLIGENCE.—^For 
counterintelligence, 
$45,200,000. 
(3) SECURITY AND EMERGENCY OPERATIONS.—For security 
and emergency operations, $284,076,000, to be allocated as 
follows: 
(A) For nuclear safeguards and security, $124,409,000. 
(B) For security investigations, $33,000,000. 
(C) For emergency management, $37,300,000. 
(D) For program direction, $89,367,000. 
(4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSUR-
ANCE.—For independent oversight and performance assurance, 
$14,937,000. 
(5) ENVIRONMENT, SAFETY, AND HEALTH.—For the Office 
of Environment, Safety, and Health, $134,050,000, to be allo-
cated as follows: 
(A) For environment, safety, and health (defense), 
$86,446,000. 
(B) For the Energy Employees Occupational Illness 
Compensation initiative, $25,000,000. 
(C) For program direction, $22,604,000. 
(6) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For 
worker and community transition assistance, $24,500,000, to 
be allocated as follows: 
(A) For worker and community transition, $21,500,000. 
(B) For program direction, $3,000,000. 
(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of 
Hearings and Appeals, $3,000,000. 
(b) ADJUSTMENTS.—The amount authorized to be appropriated 
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to reflect 
an offset provided by user organizations for security investigations. 
SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated to the Department of Energy for fiscal year 2001 for 
privatization initiatives in carrying out environmental restoration 
and waste management activities necessary for national security 
programs in the amount of $90,092,000, to be allocated as follows: 
Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
Falls, Idaho, $25,092,000. 
Project 
97-PVT-2, advanced mixed waste 
treatment 
project, Idaho Falls, Idaho, $65,000,000. 
(b) EXPLANATION OF ADJUSTMENT.—The amount authorized to 
be appropriated pursuant to subsection (a) is the sum of the 
amounts authorized to be appropriated for the projects in that 
subsection reduced by $90,092,000 for use of prior year balances 
of funds for defense environmental management privatization. 
SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2001 for payment to the Nuclear 
Waste Fund established in section 302(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 
$112,000,000. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-451 
Subtitle B—Recurring General Provisions 
SEC. 3121. REPROGRAMMING. 
(a) IN GENERAL.—Until the Secretary of Energy submits to 
the congressional defense committees the report referred to in sub-
section (b) and a period of 30 days has elapsed after the date 
on which such committees receive the report, the Secretary may 
not use amounts appropriated pursuant to this title for any 
program— 
(1) in amounts that exceed, in a fiscal year— 
(A) 110 percent of the amount authorized for that 
program by this title; or 
(B) $1,000,000 more than the amount authorized for 
that program by this title; or 
(2) which has not been presented to, or requested of, Con-
gress. 
(b) REPORT.—(1) The report referred to in subsection (a) is 
a report containing a full and complete statement of the action 
proposed to be taken and the facts and circumstances relied upon 
in support of the proposed action. 
(2) In the computation of the 30-day period under subsection 
(a), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(c) LIMITATIONS.—(1) In no event may the total amount of 
funds obligated pursuant to this title exceed the total amount 
authorized to be appropriated by this title. 
(2) Funds appropriated pursuant to this title may not be used 
for an item for which Congress has specifically denied funds. 
SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS. 
(a) IN GENERAL.—The Secretary of Energy may carry out any 
construction project under the general plant projects authorized 
by this title if the total estimated cost of the construction project 
does not exceed $5,000,000. 
(b) REPORT TO CONGRESS.—If, at any time during the construc-
tion of any general plant project authorized by this title, the esti-
mated cost of the project is revised because of unforeseen cost 
variations and the revised cost of the project exceeds $5,000,000, 
the Secretary shall immediately furnish a report to the congres-
sional defense committees explaining the reasons for the cost vari-
ation. 
SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 
(a) IN GENERAL.—(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or addi-
tional obligations incurred in connection with the project above 
the total estimated cost, whenever the current estimated cost of 
the construction project, authorized by 3101, 3102, or 3103, or 
which is in support of national security programs of the Department 
of Energy and was authorized by any previous Act, exceeds by 
more than 25 percent the higher of— 
(A) the amount authorized for the project; or 
(B) the amount of the total estimated cost for the project 
as shown in the most recent budget justification data submitted 
to Congress. 
(2) An action described in paragraph (1) may be taken if— 
114 STAT. 1654A-452 
PUBLIC LAW 106-398—APPENDIX 
(A) the Secretary of Energy has submitted to the congres-
sional defense committees a report on the actions and the 
circumstances making such action necessary; and 
(B) a period of 30 days has elapsed after the date on 
which the report is received by the committees. 
(3) In the computation of the 30-day period under paragraph 
(2), there shall be excluded any day on which either House of 
Congress is not in session because of an adjournment of more 
than 3 days to a day certain. 
(b) EXCEPTION.—Subsection (a) does not apply to a construction 
project with a current estimated cost of less than $5,000,000. 
SEC. 3124. FUND TRANSFER AUTHORITY. 
(a) TRANSFER TO OTHER FEDERAL AGENCIES.—^The Secretary 
of Energy may transfer funds authorized to be appropriated to 
the Department of Energy pursuant to this title to other Federal 
agencies for the performance of work for which the funds were 
authorized. Funds so transferred may be merged with and be avail-
able for the same purposes and for the same time period as the 
authorizations of the Federal agency to which the amounts are 
transferred. 
(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject 
to paragraph (2), the Secretary of Energy may transfer funds 
authorized to be appropriated to the Department of Energy pursu-
ant to this title between any such authorizations. Amounts of 
authorizations so transferred may be merged with and be available 
for the same purposes and for the same period as the authorization 
to which the amounts are transferred. 
(2) Not more than 5 percent of any such authorization may 
be transferred between authorizations under paragraph (1). No 
such authorization may be increased or decreased by more than 
5 percent by a transfer under such paragraph. 
(c) LIMITATIONS.—^The authority provided by this section to 
transfer authorizations— 
(1) may be used only to provide funds for items relating 
to activities necessary for national security programs that have 
a higher priority than the items from which the funds are 
transferred; and 
(2) may not be used to provide funds for an item for 
which Congress has specifically denied funds. 
(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 
promptly notify the Committees on Armed Services of the Senate 
and House of Representatives of any transfer of funds to or from 
authorizations under this title. 
SEC. 
3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION 
DESIGN. 
(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to para-
graph (2) and except as provided in paragraph (3), before submitting 
to Congress a request for funds for a construction project that 
is in support of a national security program of the Department 
of Energy, the Secretary of Energy shall complete a conceptual 
design for that project. 
(2) If the estimated cost of completing a conceptual design 
for a construction project exceeds $3,000,000, the Secretary shall 
submit to Congress a request for funds for the conceptual design 
before submitting a request for funds for the construction project. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-453 
(3) The requirement in paragraph (1) does not apply to a 
request for funds— 
(A) for a construction project the total estimated cost of 
which is less than $5,000,000; or 
(B) for emergency planning, design, and construction activi-
ties under section 3126. 
(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 
amounts authorized by this title, the Secretary of Energy may 
carry out construction design (including architectural and engineer-
ing services) in connection with any proposed construction project 
if the total estimated cost for such design does not exceed $600,000. 
(2) If the total estimated cost for construction design in connec-
tion with any construction project exceeds $600,000, funds for that 
design must be specifically authorized by law. 
SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 
CONSTRUCTION ACTIVITIES. 
(a) AUTHORITY.—The Secretary of Energy may use any funds 
available to the Department of Energy pursuant to an authorization 
in this title, including funds authorized to be appropriated for 
advance planning and construction design under sections 3101, 
3102, and 3103, to perform planning, design, and construction 
activities for any Department of Energy national security program 
construction project that, as determined by the Secretary, must 
proceed expeditiously in order to protect public health and safety, 
to meet the needs of national defense, or to protect property. 
(b) LIMITATION.—The Secretary may not exercise the authority 
under subsection (a) in the case of any construction project until 
the Secretary has submitted to the congressional defense commit-
tees a report on the activities that the Secretary intends to carry 
out under this section and the circumstances making those activities 
necessary. 
(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2) 
does not apply to emergency planning, design, and construction . 
activities conducted under this section. 
SEC. 3127. 
FUNDS AVAILABLE FOR ALL 
NATIONAL SECURITY 
PRO-
GRAMS 
OF 
THE 
DEPARTMENT 
OF 
ENERGY. 
Subject to the provisions of appropriation Acts and section 
3121, amounts appropriated pursuant to this title for management 
and support activities and for general plant projects are available 
for use, when necessary, in connection with all national security 
programs of the Department of Energy. 
SEC. 3128. AVAILABILITY OF FUNDS. 
(a) IN GENERAL.—Except as provided in subsection (b), when 
so specified in an appropriations Act, amounts appropriated for 
operation and maintenance or for plant projects may remain avail-
able until expended. 
(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—^Amounts 
appropriated for program direction pursuant to an authorization 
of appropriations in subtitle A shall remain available to be expended 
only until the end of fiscal year 2002. 
SEC. 3129. TRANSFERS OF DEFENSE EN'VIRONMENTAL MANAGEMENT 
FUNDS. 
(a) 
TRANSFER 
AUTHORITY 
FOR DEFENSE 
ENVIRONMENTAL 
MANAGEMENT FUNDS.—The Secretary of Energy shall provide the 
114 STAT. 1654A-454 
PUBLIC LAW 106-398—APPENDIX 
manager of each field office of the Department of Energy with 
the authority to transfer defense environmental management funds 
from a program or project under the jurisdiction of the office to 
another such program or project. 
(b) LIMITATIONS.—(1) Only one transfer may be made to or 
from any program or project under subsection (a) in a fiscal year. 
(2) The amount transferred to or from a program or project 
under subsection (a) may not exceed $5,000,000 in a fiscal year, 
(3) A transfer may not be carried out by a manager of a 
field office under subsection (a) unless the manager determines 
that the transfer is necessary to address a risk to health, safety, 
or the environment or to assure the most efficient use of defense 
environmental management funds at the field office. 
(4) Funds transferred pursuant to subsection (a) may not be 
used for an item for which Congress has specifically denied funds 
or for a new program or project that has not been authorized 
by Congress. 
(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 
requirements of section 3121 shall not apply to transfers of funds 
pursuant to subsection (a). 
(d) NOTIFICATION.—The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify 
Congress of any transfer of funds pursuant to subsection (a) not 
later than 30 days after such transfer occurs. 
(e) DEFINITIONS.—In this section: 
(1) The term "program or project" means, with respect 
to a field office of the Department of Energy, any of the follow-
ing: 
(A) A program referred to or a project listed in para-
graph (2) or (3) of section 3102. 
(B) A program or project not described in subparagraph 
(A) that is for environmental restoration or waste manage-
ment activities necessary for national security programs 
of the Department, that is being carried out by the office, 
and for which defense environmental management funds 
have been authorized and appropriated before the date 
of the enactment of this Act. 
(2) The term "defense environmental management funds" 
means funds appropriated to the Department of Energy pursu-
ant to an authorization for carrying out environmental restora-
tion and waste management activities necessary for national 
security programs. 
(f) DURATION OF AUTHORITY.—The managers of the field offices 
of the Department may exercise the authority provided under sub-
section (a) during the period beginning on October 1, 2000, and 
ending on September 30, 2001. 
Subtitle C—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3131. FUNDING FOR TERMINATION COSTS OF RIVER PROTECTION 
PROJECT, RICHLAND, WASHINGTON. 
The Secretary of Energy may not use appropriated funds to 
establish a reserve for the payment of any costs of termination 
of any contract relating to the River Protection Project, Richland, 
Washington (as designated by section 3141), that is terminated 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-455 
after the date of the enactment of this Act. Such costs may be 
paid from— 
(1) appropriations originally available for the performance 
of the contract concerned; 
(2) appropriations currently available for privatization ini-
tiatives in carrying out environmental restoration and waste 
management activities necessary for national security pro-
grams, and not otherwise obligated; or 
(3) funds appropriated specifically for the payment of such 
costs. 
SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR 
SECURITY ADMINISTRATION AND BALLISTIC MISSILE 
DEFENSE ORGANIZATION. 
(a) JOINTLY FUNDED PROJECTS.—The Secretary of Energy and 
the Secretary of Defense shall modify the memorandum of under-
standing for the use of the national laboratories for ballistic missile 
defense programs, entered into under section 3131 of the National 
Defense Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly 
funded projects. 
(b) REQUIREMENTS FOR PROJECTS.—The projects referred to in 
subsection (a) shall— 
(1) be carried out by the National Nuclear Security 
Administration and the Ballistic Missile Defense Organization; 
and 
(2) contribute to sustaining— 
(A) the expertise necessary for the viability of such 
laboratories; and 
(B) the capabilities required to sustain the nuclear 
stockpile. 
(c) PARTICIPATION BY N N S A IN CERTAIN B M D O ACTIVITIES.— 
The Administrator for Nuclear Security and the Director of the 
Ballistic Missile Defense Organization shall implement mechanisms 
that increase the cooperative relationship between those organiza-
tions. Those mechanisms may include participation by personnel 
of the National Nuclear Security Administration in the following 
activities of the Ballistic Missile Defense Organization: 
(1) Peer reviews of technical efforts. 
(2) Activities of so-called "red teams". 
SEC. 3133. REPROGRAMMING OF FUNDS AVAILABLE FOR INFRASTRUC-
TURE 
UPGRADES 
OR 
MAINTENANCE 
IN 
CERTAIN 
ACCOUNTS OF THE NATIONAL NUCLEAR SECURITY 
ADMINISTRATION. 
(a) LIMITATION.—(1) Except as provided in paragraph (2), the 
Secretary of Energy may not use amounts appropriated or otherwise 
made available to the Secretary for fiscal year 2001 for the purpose 
of infrastructure upgrades or maintenance in an account specified 
in subsection (b) for any other purpose. 
(2) Paragraph (1) does not apply to a particular amount for 
the purpose of a particular infrastructure upgrade or maintenance 
project if the Secretary— 
(A) determines that that project is not needed by reason 
of a change to, or cancellation of, a program for which that 
project was intended to be used; and 
(B) submits to the congressional defense committees the 
report referred to in subsection (c) and a period of 45 days 
114 STAT. 1654A-456 
PUBLIC LAW 106-398—APPENDIX 
elapses after the date on which such committees receive such 
report. 
(b) COVERED ACCOUNTS.—^An account referred to in subsection 
(a) is any Construction account or Readiness in Technical Base 
and Facilities account within any National Nuclear Security 
Administration budget account. 
(c) REPORT.—(1) The report referred to in subsection (a)(2)(B) 
is a report containing a full and complete statement o
f
— 
(A) the determination of the Secretary under subsection 
(a)(2)(A); and 
(B) the action proposed to be taken with the particular 
amount concerned and the facts and circumstances relied upon 
in support of such proposed action. 
(2) In the computation of the 45-day period under subsection 
(a)(2)(B), there shall be excluded any day on which either House 
of Congress is not in session because of an adjournment of more 
than three days to a day certain. 
(d) COORDINATION WITH GENERAL REPROGRAMMING REPORT.— 
If the Secretary, in accordance with this section, submits a report 
referred to in subsection (c) for the use of a particular amount, 
that report shall be treated, for purposes of section 3121, as the 
report referred to in subsection (b) of that section for that use 
of that amount. 
SEC. 3134. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORM-
ANCE 
LEVELS 
FOR POST-SHIPMENT 
VERIFICATION 
REPORTS ON ADVANCED SUPERCOMPUTER SALES TO 
CERTAIN FOREIGN NATIONS. 
Section 3157 of the National Defense Authorization Act for 
Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by adding 
at the end the following new subsection: 
"(e) ADJUSTMENT OF PERFORMANCE LEVELS.—^Whenever a new 
composite theoretical performance level is established under section 
1211(d), that level shall apply for the purposes of subsection (a) 
of this section in lieu of the level set forth in subsection (a).". 
SEC. 3135. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH 
PROGRAM. 
(a) COVERED PERSONS.—Subsection (b) of section 3154 of the 
Department of Energy Facilities Safeguards, Security, and Counter-
intelligence Enhancement Act of 1999 (subtitle D of title XXXI 
of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 7383h) is amended 
to read as follows: 
"(b) COVERED PERSONS.—(1) Subject to paragraph (2), for pur-
poses of this section, a covered person is one of the following: 
"(A) An officer or employee of the Department. 
"(B) An expert or consultant under contract to the Depart-
ment. 
"(C) An officer or employee of a contractor of the Depart-
ment. 
"(D) An individual assigned or detailed to the Department. 
"(E) An applicant for a position in the Department. 
"(2) A person described in paragraph (1) is a covered person 
for purposes of this section only if the position of the person, 
or for which the person is applying, under that paragraph is a 
position in one of the categories of positions listed in section 709.4(a) 
of title 10, Code of Federal Regulations.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-457 
(b) HiGH-RiSK PROGRAMS.—Subsection (c) of that section is 
amended to read as follows: 
"(c) HiGH-RiSK PROGRAMS.—For purposes of this section, high-
risk programs are the following: 
"(1) Programs using information known as Sensitive 
Compartmented Information. 
"(2) The programs known as Special Access Programs and 
Personnel Security and Assurance Programs. 
"(3) Any other program or position category specified in 
section 709.4(a) of title 10, Code of Federal Regulations.". 
(c) AUTHORITY TO WAIVE EXAMINATION REQUIREMENT.—Sub-
section (d) of that section is amended— 
(1) by inserting "(1)" before "The Secretary"; and 
(2) by adding at the end the following new paragraphs: 
"(2) Subject to paragraph (3), the Secretary may, after consulta-
tion with appropriate security personnel, waive the applicability 
of paragraph (1) to a covered person— 
"(A) if— 
"(i) the Secretary determines that the waiver is impor-
tant to the national security interests of the United States; 
"(ii) the covered person has an active security clear-
ance; and 
"(iii) the covered person acknowledges in a signed writ-
ing that the capacity of the covered person to perform 
duties under a high-risk program after the expiration of 
the waiver is conditional upon meeting the requirements 
of paragraph (1) within the effective period of the waiver; 
"(B) if another Federal agency certifies to the Secretary 
that the covered person has completed successfully a full-scope 
or counterintelligence-scope polygraph examination during the 
5-year period ending on the date of the certification; or 
"(C) if the Secretary determines, after consultation with 
the covered person and appropriate medical personnel, that 
the treatment of a medical or psychological condition of the 
covered person should preclude the administration of the exam-
ination. 
"(3)(A) The Secretary may not commence the exercise of the 
authority under paragraph (2) to waive the applicability of para-
graph (1) to any covered persons until 15 days after the date 
on which the Secretary submits to the appropriate committees 
of Congress a report setting forth the criteria to be used by the 
Secretary for determining when a waiver under paragraph (2)(A) 
is important to the national security interests of the United States. 
The criteria shall not include the need to maintain the scientific 
vitality of the laboratory. The criteria shall include an assessment 
of counterintelligence risks and programmatic impacts. 
"(B) Any waiver under paragraph (2)(A) shall be effective for 
not more than 120 days, and a person who is subject to a waiver 
under paragraph (2)(A) may not ever be subject to another waiver 
under paragraph (2)(A). 
"(C) Any waiver under paragraph (2)(C) shall be effective for 
the duration of the treatment on which such waiver is based. 
"(4) The Secretary shall submit to the appropriate committees 
of Congress on a semi-annual basis a report on any determinations 
made under paragraph (2)(A) during the 6-month period ending 
on the date of such report. The report shall include a national 
114 STAT. 1654A-458 
PUBLIC LAW 106-398—APPENDIX 
security justification for each waiver resulting from such determina-
tions. 
"(5) In this subsection, the term 'appropriate committees of 
Congress' means the following: 
"(A) The Committee on Armed Services and the Select 
Committee on Intelligence of the Senate. 
"(B) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
"(6) It is the sense of Congress that the waiver authority 
in paragraph (2) not be used by the Secretary to exempt from 
the applicability of paragraph (1) any covered persons in the highest 
risk categories, such as persons who have access to the most sen-
sitive weapons design information and other highly sensitive pro-
grams, including special access programs. 
"(7) The authority under paragraph (2) to waive the applicabil-
ity of paragraph (1) to a covered person shall expire on September 
30, 2002.". 
(d) 
SCOPE OF COUNTERINTELLIGENCE POLYGRAPH EXAMINA-
TION.^-Subsection (f) of that section is amended— 
(1) by inserting "terrorism," after "sabotage,"; and 
(2) by inserting "deliberate damage to or malicious misuse 
of a United States Government information or defense system," 
before "and". 
SEC. 3136. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE 
PROJECT FACILITIES. 
(a) AUTHORITY TO PROVIDE INCENTIVES.—Notwithstanding any 
other provision of law, the Secretary of Energy may provide to 
any eligible employee of the Department of Energy one or more 
of the incentives described in subsection (d). 
(b) ELIGIBLE EMPLOYEES.—^An individual is an eligible employee 
of the Department of Energy for purposes of this section if the 
individual— 
(1) has worked continuously at a closure facility for at 
least two years; 
(2) is an employee (as that term is defined in section 
2105(a) of title 5, United States Code); 
(3) has a fully satisfactory or equivalent performance rating 
during the most recent performance period and is not subject 
to an adverse notice regarding conduct; and 
(4) meets any other requirement or condition under sub-
section (d) for the incentive which is provided the employee 
under this section. 
(c) CLOSURE FACILITY DEFINED.—For purposes of this section, 
the term "closure facility" means a Department of Energy facility 
at which the Secretary is carrying out a closure project selected 
under section 3143 of the National Defense Authorization Act for 
Fiscal Year 1997 (42 U.S.C. 7274n). 
(d) INCENTIVES.—The incentives that the Secretary may provide 
under this section are the following: 
(1) The right to accumulate annual leave provided by sec-
tion 6303 of title 5, United States Code, for use in succeeding 
years until it totals not more than 90 days, or not more than 
720 hours based on a standard work week, at the beginning 
of the first full biweekly pay period, or corresponding period 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-459 
for an employee who is not paid on the basis of biweekly 
pay periods, occurring in a year, except that— 
(A) any annual leave that remains unused when an 
employee transfers to a position in a department or agency 
of the Federal Government shall be liquidated upon the 
transfer by payment to the employee of a lump sum for 
leave in excess of 30 days, or in excess of 240 hours based 
on a standard work week; and 
(B) upon separation from service, annual leave accumu-
lated under this paragraph shall be treated as any other 
accumulated annual leave is treated. 
(2) The right to be paid a retention allowance in a lump 
sum in compliance with paragraphs (1) and (2) of section 
5754(b) of title 5, United States Code, if the employee meets 
the requirements of section 5754(a) of that title, except that 
the retention allowance may exceed 25 percent, but may not 
be more than 30 percent, of the employee's rate of basic pay. 
(e) AGREEMENT.—^An eligible employee of the Department of 
Energy provided an incentive under this section shall enter into 
an agreement with the Secretary to remain employed at the closure 
facility at which the employee is employed as of the date of the 
agreement until a specific date or for a specific period of time. 
(f) VIOLATION OF AGREEMENT.—(1) Except as provided under 
paragraph (3), an eligible employee of the Department of Energy 
who violates an agreement under subsection (e), or is dismissed 
for cause, shall forfeit eligibility for any incentives under this section 
as of the date of the violation or dismissal, as the case may be. 
(2) Except as provided under paragraph (3), an eligible 
employee of the Department of Energy who is paid a retention 
allowance under subsection (d)(2) and who violates an agreement 
under subsection (e), or is dismissed for cause, before the end 
of the period or date of emplo3nnent agreed upon under such agree-
ment shall refund to the United States an amount that bears 
the same ratio to the aggregate amount so paid to or received 
by the employee as the unserved part of such employment bears 
to the total period of employment agreed upon under such agree-
ment. 
(3) The Secretary may waive the applicability of paragraph 
(1) or (2) to an employee otherwise covered by such paragraph 
if the Secretary determines that there is good and sufficient reason 
for the waiver. 
(g) REPORT.—The Secretary shall include in each report on 
a closure project under section 3143(h) of the National Defense 
Authorization Act for Fiscal Year 1997 a report on the incentives, 
if any, provided under this section with respect to the project 
for the period covered by such report. 
(h) AUTHORITY WITH RESPECT TO HEALTH COVERAGE.—Section 
8905a(d)(5)(A) of title 5, United States Code (as added by section 
1106 of the Veterans Millennium Health Care and Benefits Act 
(Public Law 106-117; 113 Stat. 1598)), is amended by inserting 
after "readjustment" the following: ", or a voluntary or involuntary 
separation from a Department of Energy position at a Department 
of Energy facility at which the Secretary is carrying out a closure 
project selected under section 3143 of the National Defense 
Authorization Act for Fiscal Year 1997 (42 U.S.C. 7274n)". 
(i) AUTHORITY WITH RESPECT TO VOLUNTARY SEPARATIONS.— 
(1) liie Secretary may— 
114 STAT. 1654A-460 
PUBLIC LAW 106-398—APPENDIX 
(A) separate from service any employee at a Department 
of Energy facility at which the Secretary is carrying out a 
closure project selected under section 3143 of the National 
Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 
7274n) who volunteers to be separated under this subparagraph 
even though the employee is not otherwise subject to separation 
due to a reduction in force; and 
(B) for each employee voluntarily separated under subpara-
graph (A), retain an employee in a similar position who would 
otherwise be separated due to a reduction in force. 
(2) The separation of an employee under paragraph (1)(A) shall 
be treated as an involuntary separation due to a reduction in 
force. 
(3) An employee with critical knowledge and skills (as defined 
by the Secretary) may not participate in a voluntary separation 
under paragraph (1)(A) if the Secretary determines that such 
participation would impair the performance of the mission of the 
Department of Energy. 
(j) TERMINATION.—The authority to provide incentives under 
this section terminates on March 31, 2007. 
SEC. 3137. CONTINUATION OF PROCESSING, TREATMENT, AND DIS-
POSITION OF LEGACY NUCLEAR MATERIALS. 
(a) CONTINUATION.—The Secretary of Energy shall continue 
operations and maintain a high state of readiness at the F-canyon 
and H-canyon facilities at the Savannah River Site, Aiken, South 
Carolina, and shall provide technical staff necessary to operate 
and so maintain such facilities. 
(b) LIMITATION ON USE OF FUNDS FOR DECOMMISSIONING OF 
F-CANYON FACILITY.—No amounts authorized to be appropriated 
or otherwise made available for the Department of Energy by this 
or any other Act may be obligated or expended for purposes of 
commencing the decommissioning of the F-canyon facility at the 
Savannah River Site until the Secretary and the Defense Nuclear 
Facilities Safety Board jointly submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives the following: 
(1) A certification that all materials present in the F -
canyon facility as of the date of the certification are safely 
stabilized. 
(2) A certification whether or not the 
requirements 
applicable to the F-canyon facility to meet the future needs 
of the United States for fissile materials disposition can be 
met through full use of the H-canyon facility at the Savannah 
River Site. 
(3) If the certification required by paragraph (2) is that 
such requirements cannot be met through such use of the 
H-canyon facility— 
(A) an identification by the Secretary of each such 
requirement that cannot be met through such use of the 
H-canyon facility; and 
(B) for each requirement identified in subparagraph 
(A), the reasons why that requirement cannot be met 
through such use of the H-canyon facility and a description 
of the alternative capability for fissile materials disposition 
that is needed to meet that requirement. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-461 
(c) PLAN FOR TRANSFER OF LONG-TERM CHEMICAL SEPARATION 
ACTIVITIES.—Not later than February 15, 2001, the Secretary shall 
submit to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives 
a plan for the transfer of all long-term chemical separation activities 
at the Savannah River Site from the F-canyon facility to the 
H-canyon facility commencing in fiscal year 2002. 
SEC. 3138. CONTINGENT LIMITATION ON USE OF CERTAIN FUNDS 
PENDING CERTIFICATIONS OF COMPLIANCE WITH FOR-
MERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
FUNDING PROHIBITION. 
(a) CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR 
CERTAIN TRAVEL EXPENSES.—Effective November 1, 2001, but sub-
ject to subsection (b), no funds authorized to be appropriated or 
otherwise made available by this or any other Act for the Depart-
ment of Energy or the Department of the Army may be obligated 
or expended for travel by— 
(1) the Secretary of Energy or any officer or employee 
of the Office of the Secretary of Energy; or 
(2) the Chief of Engineers. 
(b) EFFECTIVE DATE.—The limitation in subsection (a) shall 
' 
not take effect if before November 1, 2001, both of the following 
| 
certifications are submitted to the congressional defense commit-
tees: 
(1) A certification by the Secretary of Energy that the 
Department of Energy is in compliance with the requirements 
of section 3131 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 
2701 note). 
(2) A certification by the Chief of Engineers that the Corps 
of Engineers is in compliance with the requirements of that 
section. 
(c) TERMINATION.—If the limitation in subsection (a) takes 
effect, the limitation shall cease to be in effect when both certifi-
cations referred to in subsection (b) have been submitted to the 
congressional defense committees. 
SEC. 3139. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES 
LABORATORY AT IDAHO NATIONAL ENGINEERING AND 
ENVIRONMENTAL LABORATORY, IDAHO FALLS, IDAHO. 
(a) AUTHORIZATION.—Of the amounts authorized to be appro-
priated by paragraphs (2) and (3) of section 3102(a), not more 
than $400,000 may be available to the Secretary of Energy for 
purposes of carrying out a conceptual design for a Subsurface Geo-
sciences Laboratory at Idaho National Engineering and Environ-
mental Laboratory, Idaho Falls, Idaho. 
(b) LIMITATION.—None of the funds authorized to be appro-
priated by subsection (a) may be obligated until 60 days after 
the date on which the Secretary submits the report required by 
subsection (c). 
(c) REPORT.—The Secretary of Energy shall submit to the 
congressional defense committees a report on the proposed Sub-
surface Geosciences Laboratory. The report shall include the follow-
ing: 
(1) Whether there is a need to conduct mesoscale experi-
ments to meet long-term clean-up requirements at Department 
of Energy sites. 
114 STAT. 1654A-462 
PUBLIC LAW 106-398—APPENDIX 
(2) The possibility of using or modifying an existing struc-
ture or facility to house a new capability for conducting 
mesoscale experiments. 
(3) The estimated construction cost of the facility. 
(4) The estimated annual operating cost of the facility. 
(5) How the facility will use, integrate, and support the 
technical expertise, capabilities, and requirements at other 
Department of Energy and non-Department of Energy facilities. 
(6) An analysis of costs, savings, and benefits which are 
unique to the Idaho National Engineering and Environmental 
Laboratory. 
SEC. 3140. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE 
LIVERMORE 
NATIONAL 
LABORATORY, 
LIVERMORE, 
CALIFORNIA. 
(a) NEW BASELINE.—(1) Not more than 50 percent of the funds 
available for the national ignition facility (Project 96-D-lll) may 
be obligated or expended until the Administrator for Nuclear Secu-
rity submits to the Committees on Armed Services of the Senate 
and House of Representatives a report setting forth a new baseline 
plan for the completion of the national ignition facility. 
(2) The report shall include— 
(A) the funding required for completion of the facility, 
set forth in detail, year by year; and 
(B) projected dates for the completion of program mile-
stones, including the date on which the first laser beams are 
expected to become operational. 
(b) COMPTROLLER GENERAL REVIEW OF N I F PROGRAM.—(1) The 
Comptroller General shall conduct a thorough review of the national 
ignition facility program. 
(2) Not later than March 31, 2001, the Comptroller General 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the review conducted 
under paragraph (1). The report shall include the following: 
(A) An Einalysis of— 
(i) the role of the national ignition facility in ensuring 
the safety and reliability of the nuclear stockpile of the 
United States; 
(ii) the relationship of the national ignition facility 
program to other significant programs to sustain the 
nuclear stockpile of the United States; and 
(iii) the potential effect of delays in the national igni-
tion facility program, and of a failure to complete significant 
program objectives of the program, on the other significant 
programs to sustain the nuclear stockpile of the United 
States, such as the Accelerated Strategic Computing Initia-
tive Program. 
(B) A detailed description and analysis of the funds spent 
as of the date of the report on the national ignition facility 
program. 
(C) An assessment whether the new baseline plan for the 
national ignition facility program submitted under subsection 
(a) includes clear goals for that program, adequate and sustain-
able funding, and achievable milestones for that program. 
SEC. 3141. RIVER PROTECTION PROJECT, RICHLAND, WASHINGTON. 
(a) REDESIGNATION OF PROJECT.—^The tank waste remediation 
system environmental project, Richland, Washington, including all 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-463 
programs relating to the retrieval and treatment of tank waste 
at the site at Hanford, Washington, under the management of 
the Office of River Protection, shall he known and designated as 
the "River Protection Project". Any reference to that project in 
any law, regulation, map, document, record, or other paper of the 
United States shall be considered to be a reference to the River 
Protection Project. 
(b) MANAGEMENT AND RESPONSIBILITY OF OFFICE OF RIVER 
PROTECTION.—Subsection (b) of section 3139 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 (Public 
Law 105-261; 112 Stat. 2250) is amended— 
(1) in paragraph (2), by striking "managing all aspects 
of the" and all that follows through the period and inserting 
"managing, consistent with the policy direction established by 
the Department, all aspects of the River Protection Project, 
Richland, Washington."; and 
(2) by adding at the end the following new paragraph: 
"(3)(A) The Assistant Secretary of Energy for Environmental 
Management shall delegate in writing responsibility for the manage-
ment of the River Protection Project, Richland, Washington, to 
the head of the Office. 
"(B) Such delegation shall include, at a minimum, authorities 
for contracting, financial management, safety, and general program 
management that are equivalent to the authorities of managers 
of other operations offices of the Department of Energy. 
"(C) The head of the Office shall, to the maximum extent 
possible, coordinate all activities of the Office with the manager 
of the Richland Operations Office of the Department of Energy.". 
(c) DEPARTMENT RESPONSIBILITIES.—Subsection (c) of such sec-
tion is amended— 
(1) by striking "manager" and inserting "head"; and 
(2) by striking "to manage" and all that follows through 
the period and inserting "to carry out the responsibilities speci-
fied in subsection (b)(2).". 
(d) REPORTING TO CONGRESS.—Subsection (d) of such section 
is amended to read as follows: 
"(d) REPORT.—The Assistant Secretary of Energy for Environ-
mental Management shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives, not later than 30 days after the 
date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, a copy of the delegation 
of authority required by subsection (b)(3).". 
SEC. 3142. REPORT ON TANK WASTE REMEDIATION SYSTEM, HANFORD 
RESERVATION, RICHLAND, WASHINGTON. 
Not later than December 15, 2000, the Secretary of Energy 
shall submit to Congress a report on the Tank Waste Remediation 
System project, Hanford Reservation, Richland, Washington. The 
report shall include the following: 
(1) A proposed plan for processing and stabilizing all 
nuclear waste located in the Hanford Tank Farm. 
(2) A proposed schedule for carrying out that proposed 
plan. 
(3) The total estimated cost of carrying out that proposed 
plan. 
114 STAT. 1654A-464 
PUBLIC LAW 106-39&—APPENDIX 
(4) A description of any alternative options to that proposed 
plan and a description of the costs and benefits of each such 
option. 
(5) A description of the volumes and characteristics of 
any wastes or materials that are not to be treated during 
phase KB) of the project. 
(6) A plan for developing, demonstrating, and implementing 
advanced vitrification system technologies that can be used 
to treat and stabilize any out-of-specification wastes or mate-
rials (such as polychlorinated biphenyls) that cannot be treated 
and stabilized with the technologies that are to be used during 
phase KB) of the project. 
Subtitle D—Matters Relating to Manage-
ment of National Nuclear Security Ad-
ministration 
SEC. 
3151. 
TERM 
OF 
OFFICE 
OF 
PERSON 
FIRST 
APPOINTED 
AS 
UNDER 
SECRETARY 
FOR 
NUCLEAR SECURITY 
OF 
THE 
DEPART-
MENT 
OF 
ENERGY. 
(a) LENGTH OF TERM.—The term of office as Under Secretary 
for Nuclear Security of the Department of Energy of the person 
first appointed to that position shall be three years. 
(b) EXCLUSIVE REASONS FOR REMOVAL.—^The exclusive reasons 
for removal from office as Under Secretary for Nuclear Security 
of the person described in subsection (a) shall be inefficiency, neglect 
of duty, or malfeasance in office. 
(c) POSITION DESCRIBED.—^The position of Under Secretary for 
Nuclear Security of the Department of Energy referred to in this 
section is the position established by subsection (c) of section 202 
of the Department of Energy Organization Act (42 U.S.C. 7132), 
as added by section 3202 of the National Nuclear Security Adminis-
tration Act (title XXXII of Pubhc Law 106-65; 113 Stat. 954). 
SEC. 3152. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECU-
RITY ON THE JOINT NUCLEAR WEAPONS COUNCIL. 
(a) MEMBERSHIP.—Section 179 of title 10, United States Code, 
is amended— 
(1) in subsection (a), by striking paragraph (3) and inserting 
the following new paragraph (3): 
"(3) The Under Secretary for Nuclear Security of the 
Department of Energy."; and 
(2) in subsection (b)(2), by striking "the representative des-
ignated under subsection (a)(3)" and inserting "the Under Sec-
retary for Nuclear Security of the Department of Energy". 
(b) CONFORMING AMENDMENT.—Section 3212 
of the National 
Nuclear Security Administration Act (title XXXII of Public Law 
106-65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding 
at the end the following new subsection: 
"(e) MEMBERSHIP ON JOINT NUCLEAR WEAPONS COUNCIL.—The 
Administrator serves as a member of the Joint Nuclear Weapons 
Council under section 179 of title 10, United States Code.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-465 
SEC. 3153. ORGANIZATION 
PLAN FOR FIELD OFFICES OF THE 
NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) PLAN REQUIRED.—Not later than May 1, 2001, the Adminis-
trator for Nuclear Security shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a plan for assigning roles and respon-
sibilities to and among the headquarters and field organizational 
units of the National Nuclear Security Administration. 
(b) PLAN ELEMENTS.—The plan shall include the following: 
(1) A general description of the organizational structure 
of the administrative functions of the National Nuclear Security 
Administration under the plan, including the authorities and 
responsibilities to be vested in the units of the headquarters, 
operations offices, and area offices of the Administration. 
(2) A description of any downsizing, elimination, or consoli-
dation of units of the headquarters, operations offices, and 
area offices of the Administration that may be necessary to 
enhance the efficiency of the Administration. 
(3) A description of the modifications of staffing levels 
of the headquarters, operations offices, and area offices of the 
Administration, including any reductions in force, employment 
of additional personnel, or realignments of personnel, that are 
necessary to implement the plan. 
(4) A schedule for the implementation of the plan. 
(c) INCLUDED FACILITIES.—The plan shall address any adminis-
trative units in the National Nuclear Security Administration, 
including units in and under the following: 
(1) The Department of Energy Headquarters, Washington, 
District of Columbia, metropolitan area. 
(2) The Albuquerque Operations Office, Albuquerque, New 
Mexico. 
(3) The Nevada Operations Office, Las Vegas, Nevada. 
(4) The Oak Ridge Operations Office, Oak Ridge, Ten-
nessee. 
(5) The Oakland Operations Office, Oakland, California. 
(6) The Savannah River Operations Office, Aiken, South 
Carolina. 
(7) The Los Alamos Area Office, Los Alamos, New Mexico. 
(8) The Kirtland Area Office, Albuquerque, New Mexico. 
(9) The Amarillo Area Office, Amarillo, Texas. 
(10) The Kansas City Area Office, Kansas City, Missouri. 
SEC. 3154. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECU-
RITY PROGRAM. 
(a) CONTENTS REQUIRED.—Subsection (b) of section 3253 of 
the National Nuclear Security Administration Act (title XXXII of 
Public Law 106-65; 113 Stat. 966; 50 U.S.C. 2453) is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as paragraph (4); and 
(3) by inserting before paragraph (4) (as redesignated by 
paragraph (2)) the following new paragraphs: 
"(1) A detailed description of the program elements (and 
the projects, activities, and construction projects associated with 
each such program element) during the applicable five-fiscal 
year period for at least each of the following: 
"(A) For defense programs— 
"(i) directed stockpile work; 
114 STAT. 1654A-466 
PUBLIC LAW 106-398—APPENDIX 
"(ii) campaigns; 
"(iii) readiness in technical base and facilities; and 
"(iv) secure transportation asset. 
"(B) For defense nuclear nonproliferation— 
"(i) nonproliferation and verification, research, and 
development; 
"(ii) arms control; and 
"(iii) fissile materials disposition. 
"(C) For naval reactors, naval reactors operations and 
maintenance. 
"(2) A statement of proposed budget authority, estimated 
expenditures, and proposed appropriations necessary to support 
each program element specified pursuant to paragraph (1). 
"(3) A detailed description of how the funds identified for 
each program element specified pursuant to paragraph (1) in 
the budget for the Administration for each fiscal year during 
that five-fiscal year period will help ensure that the nuclear 
weapons stockpile is safe and reliable, as determined in accord-
ance with the criteria established under section 3158 of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (42 U.S.C. 2121 note).". 
(b) 
CONFORMING 
AMENDMENTS.—Such 
section 
is 
further 
amended— 
(1) by striking subsection (c); 
(2) by redesignating subsections (d) and (e) as subsections 
(c) and (d), respectively; and 
(3) in subsection (d), as so redesignated, by striking "sub-
section (d)" and inserting "subsection (c)". 
SEC. 3155. FUTURE-YEARS NUCLEAR SECURITY PROGRAM FOR FISCAL 
YEAR 2001. 
(a) PROGRAM REQUIRED.—(1) Without regard to any future-
years nuclear security program submitted before the date of the 
enactment of this Act, the Administrator for Nuclear Security shall 
submit to the congressional defense committees a future-years 
nuclear security program (including associated annexes) for fiscal 
year 2001 and the five succeeding fiscal years. 
(2) The program shall reflect the estimated expenditures and 
proposed appropriations included in the budget for fiscal year 2001 
that was submitted to Congress under section 1105(a) of title 31, 
United States Code. 
(b) PROGRAM DETAIL.—^The level of detail of the program 
submitted under subsection (a) shall be equivalent to the level 
of detail in the Project Baseline Summary system of the Department 
of Energy, if practicable, but in no event below the following: 
(1) In the case of directed stockpile work, detail as follows: 
(A) Stockpile research and development. 
(B) Stockpile maintenance. 
(C) Stockpile evaluation. 
(D) Dismantlement and disposal. 
(E) Production support. 
(F) Field engineering, training, and manuals. 
(2) In the case of campaigns, detail as follows: 
(A) Primary certification. 
(B) Djmamic materials properties. 
(C) Advanced radiography. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-467 
(D) Secondary certification and nuclear system mar-
gins. 
(E) Enhanced surety. 
(F) Weapons system engineering certification. 
(G) Certification in hostile environments. 
(H) Enhanced surveillance. 
(I) Advanced design and production technologies. 
(J) Inertial confinement fusion (ICF) ignition and high 
yield. 
(K) Defense computing and modeling. 
(L) Pit manufacturing readiness. 
(M) Secondary readiness. 
(N) High explosive readiness. 
(O) Nonnuclear readiness. 
(P) Materials readiness. 
(Q) Tritium readiness. 
(3) In the case of readiness in technical base and facilities, 
detail as follows: 
(A) Operation of facilities. 
(B) Program readiness. 
(C) Special projects. 
(D) Materials recycle and recovery. 
(E) Containers. 
(F) Storage. 
(4) In the case of secure transportation assets, detail as 
follows: 
(A) Operation and maintenance. 
(B) Program direction relating to transportation. 
(5) Program direction. 
(6) Construction (listed by project number). 
(7) In the case of safeguards and security, detail as follows: 
(A) Operation and maintenance. 
(B) Construction. 
(c) DEADLINE FOR SUBMITTAL.—The future-years nuclear secu-
rity program required by subsection (a) shall be submitted not 
later than November 1, 2000. 
(d) LIMITATION ON USE OF FUNDS PENDING SUBMITTAL.—Not 
more than 65 percent of the funds appropriated pursuant to the 
authorization of appropriations in section 3101(a)(1)(C) or otherwise 
made available to the Department of Energy for fiscal year 2001 
for program direction in carrying out weapons activities may be 
obligated or expended until 45 days after the date on which the 
Administrator for Nuclear Security submits to the congressional 
defense committees the program required by subsection (a). 
SEC. 3156. ENGINEERING AND MANUFACTURING RESEARCH, DEVELOP-
MENT, AND DEMONSTRATION BY PLANT MANAGERS OF 
CERTAIN NUCLEAR WEAPONS PRODUCTION PLANTS. 
(a) AUTHORITY FOR PROGRAMS AT NUCLEAR WEAPONS PRODUC-
TIONS FACILITIES.—The Administrator for Nuclear Security shall 
authorize the head of each nuclear weapons production facility 
to establish an Engineering and Manufacturing Research, Develop-
ment, and Demonstration Program under this section. 
(b) PROJECTS AND ACTIVITIES.—The projects and activities car-
ried out through the program at a nuclear weapons production 
facility under this section shall support innovative or high-risk 
114 STAT. 1654A-468 
PUBLIC LAW 106-398—APPENDIX 
design and manufacturing concepts and technologies with poten-
tially high payoff for the nuclear weapons complex. Those projects 
and activities may include— 
(1) replacement of obsolete or aging design and manufactur-
ing technologies; 
(2) development of innovative agile manufacturing tech-
niques and processes; and 
(3) training, recruitment, or retention of essential personnel 
in critical engineering and manufacturing disciplines. 
(c) FUNDING.—^The Administrator may authorize the head of 
each nuclear weapons production facility to obligate up to 
$3,000,000 of funds within the Advanced Design and Production 
Technologies Campaign available for such facility during fiscal year 
2001 to carry out projects and activities of the program under 
this section at that facility. 
(d) REPORT.—The Administrator for Nuclear Security shall sub-
mit to the Committee on Armed Services of the Senate and the 
Committee on Armed Services of the House of Representatives, 
not later than September 15, 2001, a report describing, for each 
nuclear weapons production facility, each project or activity for 
which funds were obligated under the program, the criteria used 
in the selection of each such project or activity, the potential benefits 
of each such project or activity, and the Administrator's rec-
ommendation concerning whether the program should be continued. 
(e) DEFINITION.—For purposes of this section, the term "nuclear 
weapons production facility" has the meaning given that term in 
section 3281(2) of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106-65; 113 Stat. 968; 50 U.S.C. 
2471(2)). 
SEC. 3157. PROHIBITION ON INDIVIDUALS ENGAGING IN CONCURRENT 
SERVICE OR DUTIES WITHIN NATIONAL NUCLEAR SECU-
^ RITY ADMINISTRATION AND OUTSIDE THAT ADMINISTRA-
' TION BUT WITHIN DEPARTMENT OF ENERGY. 
Section 3213 of the National Nuclear Security Administration 
Act (title XXXII of Public Law 106-65; 113 Stat. 958; 50 U.S.C. 
2403) is amended— 
(1) in subsection (a), by striking "Administration," and 
all that follows through "function of the"; 
(2) in subsection (b), by striking ", in carrying out any 
function of the Administration,"; and 
(3) by adding at the end the following new subsection: 
"(d) PROHIBITION ON DUAL OFFICE HOLDING.—Except in accord-
ance with sections 3212(a)(2) and 3216(a)(1): 
"(1) An individual may not concurrently hold or carry out 
the responsibilities o
f
— 
"(A) a position within the Administration; and 
"(B) a position within the Department of Energy not 
within the Administration. 
"(2) No funds appropriated or otherwise made available 
for any fiscal year may be used to pay, to an individual who 
concurrently holds or carries out the responsibilities of a posi-
tion specified in paragraph (1)(A) and a position specified in 
paragraph (1)(B), the basic pay, salary, or other compensation 
relating to any such position.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-469 
SEC. 3158. ANNUAL PLAN FOR OBLIGATION OF FUNDS OF THE 
NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) PLAN REQUIRED.—Section 3252 of the National Nuclear 
Security Administration Act (title XXXII of Public Law 106-65; 
113 Stat. 966; 50 U.S.C. 2452) is amended— 
(1) by inserting "(a) PROCEDURES REQUIRED.—" before "The 
Administrator shall"; and 
(2) by adding at the end the following new subsections: 
"(b) ANNUAL PLAN FOR OBLIGATION OF FUNDS.—(1) Each year, 
the Administrator shall prepare a plan for the obligation of the 
amounts that, in the President's budget submitted to Congress 
that year under section 1105(a) of title 31, United States Code, 
are proposed to be appropriated for the Administration for the 
fiscal year that begins in that year (in this section referred to 
as the 'budget year') and the two succeeding fiscal years. 
"(2) For each program element and construction line item of 
the Administration, the plan shall provide the goal of the Adminis-
tration for the obligation of those amounts for that element or 
item for each fiscal year of the plan, expressed as a percentage 
of the total amount proposed to be appropriated in that budget 
for that element or item. 
"(c) SUBMISSION OF PLAN AND REPORT.—The Administrator 
shall submit to Congress each year, at or about the time that 
the President's budget is submitted to Congress under section 
1105(a) of title 31, United States Code, each of the following: 
"(1) The plan required by subsection (b) prepared with 
respect to that budget. 
"(2) A report on the plans prepared with respect to the 
preceding years' budgets, which shall include, for each goal 
provided in those plans— 
"(A) the assessment of the Administrator as to whether 
or not that goal was met; and 
"(B) if that assessment is that the goal was not met— 
"(i) the reasons why that goal was not met; and 
"(ii) the plan of the Administrator for meeting 
or, if necessary, adjusting that goal.". 
(b) EFFECTIVE DATE OF REQUIREMENT TO ASSESS PRIOR PLAN.— 
The first report submitted under paragraph (2) of subsection (c) 
of such section (as added by subsection (a)) shall be the report 
on the plan prepared with respect to the budget submitted in 
calendar year 2001. 
(c) GAO REPORT.—Not later than March 15, 2001, the 
Comptroller General shall submit to the congressional defense 
committees an assessment of the adequacy of the planning, 
programming, and budgeting processes of the National Nuclear 
Security Administration. 
SEC. 3159. AUTHORITY TO REORGANIZE NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION. 
(a) REORGANIZATION AUTHORITY.—Section 3212 of the National 
Nuclear Security Administration Act (title XXXII of Public Law 
106-65; 113 Stat. 957; 50 U.S.C. 2402) is amended by adding 
at the end the following new subsection: 
"(e) REORGANIZATION AUTHORITY.—Except as provided by sub-
sections (b) and (c) of section 3291: 
114 STAT. 1654A-470 
PUBLIC LAW 106-398—APPENDIX 
"(1) The Administrator may establish, abolish, alter, 
consolidate, or discontinue any organizational unit or compo-
nent of the Administration, or transfer any function of the 
Administration. 
"(2) Such authority does not apply to the abolition of 
organizational units or components established by law or the 
transfer of functions vested by law in any organizational unit 
or component.". 
(b) CONFORMING AMENDMENTS.—Section 643 of the Department 
of Energy Organization Act (42 U.S.C. 7253) is amended— 
(1) by striking "The Secretary" and inserting "(a) Except 
as provided in subsection (b), the Secretary"; and 
(2) by adding at the end the following new subsection: 
"(b) The authority of the Secretary under subsection (a) does 
not apply to the National Nuclear Security Administration. The 
corresponding authority that applies to the Administration is set 
forth in section 3212(e) of the National Nuclear Security Adminis-
tration Act.". 
Subtitle E—National Laboratories 
Partnership Improvement 
SEC. 3161. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM. 
(a) ESTABLISHMENT.—The Administrator for Nuclear Security 
shall establish a Technology Infrastructure Pilot Program in accord-
ance with this section. 
(b) PURPOSE.—The purpose of the program shall be to explore 
new methods of collaboration and improvements in the management 
and effectiveness of collaborative programs carried out by the 
national security laboratories and nuclear weapons production facili-
ties in partnership with private industry and institutions of higher 
education and to improve the ability of those laboratories and 
facilities to support missions of the Administration. 
(c) FUNDING.—(1) Except as provided in paragraph (2), funding 
shall be available for the pilot program only to the extent of specific 
authorizations and appropriations enacted after the date of the 
enactment of this Act. 
(2) From amounts available in fiscal years 2001 and 2002 
for technology partnership programs of the Administration, the 
Administrator may allocate to carry out the pilot program not 
more than $5,000,000. 
(d) PROJECT REQUIREMENTS.—^A project may not be approved 
for the pilot program unless the project meets the following require-
ments: 
(1) The participants in the project include— 
(A) a national security laboratory or nuclear weapons 
production facility; and 
(B) one or more of the following: 
(i) A business. 
(ii) An institution of higher education, 
(iii) A nonprofit institution. 
(iv) An agency of a State, local, or tribal govern-
ment. 
(2)(A) Not less than 50 percent of the costs of the project 
are to be provided by non-Federal sources. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-471 
(B)(i) The calculation of the amount of the costs of the 
project provided by non-Federal sources shall include cash, 
personnel, services, equipment, and other resources expended 
on the project. 
(ii) No funds or other resources expended before the start 
of the project or outside the project's scope of work may be 
credited toward the costs provided by non-Federal sources to 
the project. 
(3) The project (other than in the case of a project under 
which the participating laboratory or facility receives funding 
under this section) shall be competitively selected by that lab-
oratory or facility using procedures determined to be appro-
priate by the Administrator. 
(4) No Federal funds shall be made available under this 
section for— 
(A) construction; or 
(B) any project for more than five years. 
(e) SELECTION CRITERIA.—(1) The projects selected for the pilot 
program shall— 
(A) stimulate the development of technology expertise and 
capabilities in private industry and institutions of higher edu-
cation that can support the nuclear weapons and nuclear non-
proliferation missions of the national security laboratories and 
nuclear weapons production facilities on a continuing basis; 
(B) improve the ability of those laboratories and facilities 
benefit from commercial research, technology, products, proc-
esses, and services that can support the nuclear weapons and 
nuclear nonproliferation missions of those laboratories and 
facilities on a continuing basis; and 
(C) encourage the exchange of scientific and technological 
expertise between those laboratories and facilities and— 
(i) institutions of higher education; 
(ii) technology-related business concerns; 
(iii) nonprofit institutions; and 
(iv) agencies of State, tribal, or local governments; 
that can support the missions of those laboratories and facili-
ties. 
(2) The Administrator may authorize the provision of Federal 
funds for a project under this section only if the director of the 
laboratory or facility managing the project determines that the 
project is likely to improve the ability of that laboratory or facility 
to achieve technical success in meeting nuclear weapons and nuclear 
nonproliferation missions of the Administration. 
(3) The Administrator shall require the director of the labora-
tory or facility to consider the following criteria in selecting a 
project to receive Federal funds: 
(A) The potential of the project to succeed, based on its 
technical 
merit, 
team 
members, 
management 
approach, 
resources, and project plan. 
(B) The potential of the project to promote the development 
of a commercially sustainable technology, determined by consid-
ering whether the project will derive sufficient demand for 
its products or services from the private sector to support 
the nuclear weapons and nuclear nonproliferation missions of 
the participating laboratory or facility on a continuing basis. 
79-194 O - 00 - 17 : QL3 Part 3 
114 STAT. 1654A-472 
PUBLIC LAW 106-398—APPENDDC 
(C) The potential of the project to promote the use of 
commercial research, technology, products, processes, and serv-
ices by the participating laboratory or facility to achieve its 
nuclear weapons and nuclear nonproliferation missions. 
(D) The commitment shown by non-Federal organizations 
to the project, based primarily on the nature and amount 
of the financial and other resources they will risk on the project. 
(E) The extent to which the project involves a wide variety 
and number of institutions of higher education, nonprofit 
institutions, and technology-related business concerns that can 
support the nuclear weapons and nuclear nonproliferation mis-
sions of the participating laboratory or facility on a continuing 
basis and that will make substantive contributions to achieving 
the goals of the project. 
(F) The extent of participation in the project by agencies 
of State, tribal, or local governments that will make substantive 
contributions to achieving the goals of the project. 
(G) The extent to which the project focuses on promoting 
the development of technology-related business concerns that 
are small business concerns or involves small business concerns 
substantively in the project. 
(f) IMPLEMENTATION PLAN.—No funds may be allocated for 
the pilot program until 30 days after the date on which the Adminis-
trator submits to the congressional defense committees a plan for 
the implementation of the pilot program. The plan shall, at a 
minimum— 
(1) identify the national security laboratories and nuclear 
weapons production facilities that have been designated by 
the Administrator to participate in the pilot program; and 
(2) with respect to each laboratory or facility identified 
under paragraph (1)— 
(A) identify the businesses, institutions of higher edu-
cation, nonprofit institutions, and agencies of State, local, 
or tribal government that are expected to participate in 
the pilot program at that laboratory or facility; 
(B) identify the technology areas to be addressed by 
the pilot program at that laboratory or facility and the 
manner in which the pilot program will support high-prior-
ity missions of that laboratory or facility on a continuing 
basis; and 
(C) describe the management controls that have been 
put into place to ensure that the pilot program as conducted 
at that laboratory or facility is conducted in a cost-effective 
manner consistent with the objectives of the pilot program. 
(g) REPORT ON IMPLEMENTATION.—(1) Not later than February 
1, 2002, the Administrator shall submit to the congressional defense 
committees a report on the implementation and management of 
the pilot program. The report shall take into consideration the 
results of the pilot program to date and the views of the directors 
of the participating laboratories and facilities. The report shall 
include any recommendations the Administrator may have concern-
ing the future of the pilot program. 
(2) Not later than 30 days after the date on which the Adminis-
trator submits the report required by paragraph (1), the Comptroller 
General shall submit to the congressional defense committees a 
report containing the Comptroller General's assessment of that 
report. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-473 
SEC. 3162. REPORT ON SMALL BUSINESS PARTICIPATION IN NATIONAL 
NUCLEAR SECURITY ADMINISTRATION ACTIVITIES. 
(a) REPORT REQUIRED.—Not later than February 15, 2001, the 
Administrator for Nuclear Security shall submit to the congressional 
defense committees a report on small business participation in 
the activities of the National Nuclear Security Administration. 
(b) CONTENTS OF REPORT.—The report shall include the follow-
ing: 
(1) A description of the scope and nature of the efforts 
of the National Nuclear Security Administration as of the date 
of the enactment of this Act to encourage or increase participa-
tion of small business concerns in procurements, collaborative 
research, technology licensing, and technology transfer activi-
ties carried out by the national security laboratories or nuclear 
weapons production facilities. 
(2) An assessment of the effectiveness of those efforts in 
securing products and services of value to those laboratories 
and facilities. 
(3) Recommendations on how to improve those efforts. 
(4) An identification of legislative changes required to 
implement those recommendations. 
SEC. 3163. STUDY AND REPORT RELATED TO IMPROVING MISSION 
EFFECTIVENESS, 
PARTNERSHIPS, APrt) TECHNOLOGY 
TRANSFER AT NATIONAL SECURITY LABORATORIES AND 
NUCLEAR WEAPONS PRODUCTION FACILITIES. 
(a) STUDY AND REPORT REQUIRED.—The Secretary of Energy 
shall direct the Secretary of Energy Advisory Board to study and 
to submit to the Secretary not later than one year after the date 
of the enactment of this Act a report regarding the following topics: 
(1) The advantages and disadvantages of providing the 
Administrator for Nuclear Security with authority, notwith-
standing the limitations otherwise imposed by the Federal 
Acquisition Regulation, to enter into transactions with public 
agencies, private organizations, or individuals on terms the 
Administrator considers appropriate to the furtherance of basic, 
applied, and advanced research functions. The Advisory Board 
shall consider, in its assessment of this authority, the manage-
ment history of the Department of Energy and the effect of 
this authority on the National Nuclear Security Administra-
tion's use of contractors to operate the national security labora-
tories. 
(2) The advantages and disadvantages of establishing and 
implementing policies and procedures to facilitate the transfer 
of scientific, technical, and professional personnel among 
national security laboratories and nuclear weapons production 
facilities. 
(3) The advantages and disadvantages of making changes 
in— 
(A) the indemnification requirements for patents or 
other intellectual property licensed from a national security 
laboratory or nuclear weapons production facility; 
(B) the royalty and fee schedules and types of com-
pensation that may be used for patents or other intellectual 
property licensed to a small business concern from a 
national security laboratory or nuclear weapons production 
facility; 
114 STAT. 1654A-474 
PUBLIC LAW 106-398—APPENDIX 
(C) the licensing procedures and requirements for pat-
ents and other intellectual property; 
(D) the rights given to a small business concern that 
has licensed a patent or other intellectual property from 
a national security laboratory or nuclear weapons produc-
tion facility to bring suit against third parties infringing 
such intellectual property; 
(E) the advance funding requirements for a small busi-
ness concern funding a project at a national security labora-
tory or nuclear weapons production facility through a 
funds-in agreement; 
(F) the intellectual property rights allocated to a busi-
ness when it is funding a project at a national security 
laboratory or nuclear weapons production facility through 
a funds-in agreement; and 
(G) policies on royalty payments to inventors employed 
by a contractor operating a national security laboratory 
or nuclear weapons production facility, including those for 
inventions made under a funds-in agreement. 
(b) DEFINITION OF FUNDS-IN AGREEMENT.—For the purposes 
of this section, the term "funds-in agreement" means a contract 
between the Department and a non-Federal organization under 
which that organization pays the Department to provide a service 
or material not otherwise available in the domestic private sector. 
(c) SUBMISSION TO CONGRESS.—Not later than one month after 
receiving the report under subsection (a), the Secretary shall submit 
to Congress that report, along with the Secretary's recommendations 
for action and proposals for legislation to implement the rec-
ommendations. 
SEC. 3164. REPORT ON EFFECTIVENESS OF NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION TECHNOLOGY DEVELOPMENT 
PARTNERSHIPS WITH NON-FEDERAL ENTITIES. 
(a) REPORT REQUIRED.—The Administrator for Nuclear Security 
shall submit to Congress, not later than March 1, 2001, a report 
on the efficiency and effectiveness with which the National Nuclear 
Security Administration and its laboratories and facilities carry 
out technology development activities in partnership with non-Fed-
eral entities, including cooperative research and development agree-
ments. The report shall include an examination of the following 
matters with respect to the carrying out of those activities: 
(1) Funding sources available to and used by the Adminis-
tration. 
(2) Types of legal instruments used by the Administration, 
and the extent to which they are used. 
(3) Procedures used for selection of participants. 
(4) Intellectual property licensing and royalty provisions. 
(5) New technologies developed. 
(6) The extent to which those new technologies have— 
(A) commercial utility; and 
(B) utility to the nuclear weapons cind nuclear non-
proliferation missions of the Administration. 
(b) ADDITIONAL REQUIREMENTS FOR COOPERATIVE RESEARCH 
AND DEVELOPMENT AGREEMENTS.—(1) The report required by sub-
section (a) shall include a section providing the following with 
respect to cooperative research and development agreements: 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-475 
(A) An assessment of the advantages and disadvantages 
of such agreements. 
(B) Any recommendations of the Administrator regarding 
the use of such agreements by the Administration in the future, 
including any appropriate funding levels. 
(C) Any recommendations of the Administrator regarding 
legislation to make such agreements more effective in support-
ing the Administration's core nuclear weapons and nuclear 
non-proliferation missions. 
(2) In this subsection, the term "cooperative research and 
development agreement" has the meaning given such term in sec-
tion 12(d)(1) of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3710a(d)(l)). 
(c) GAO REVIEW.—The Comptroller General shall submit to 
Congress, within 30 days after the submission of the report required 
by subsection (a), a report containing the Comptroller General's 
assessment of that report. 
SEC. 3165. DEFINITIONS. 
For purposes of this subtitle, the terms "national security lab-
oratory" and "nuclear weapons production facility" have the mean-
ings given such terms in section 3281 of the National Nuclear 
Security Administration Act (title XXXII of Public Law 106-65; 
113 Stat. 968; 50 U.S.C. 2471). 
Subtitle F—Matters Relating to Defense 
Nuclear Nonproliferation 
SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS 
PROTECTION, CONTROL, AND ACCOUNTING PROGRAM. 
(a) REPORT REQUIRED.—Not later than January 1 of each year, 
the Secretary of Energy shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the status of efforts 
during the preceding fiscal year under the Nuclear Materials Protec-
tion, Control, and Accounting Program of the Department of Energy 
to secure weapons-usable nuclear materials in Russia that have 
been identified as being at risk for theft or diversion. 
(b) CONTENTS.—Each report under subsection (a) shall include 
the following: 
(1) The number of buildings, including building locations, 
that received complete and integrated materials protection, con-
trol, and accounting systems for nuclear materials described 
in subsection (a) during the year covered by such report. 
(2) The amounts of highly enriched uranium and plutonium 
in Russia that have been secured under systems described 
in paragraph (1) as of the date of such report. 
(3) The amount of nuclear materials described in subsection 
(a) that continues to require securing under systems described 
in paragraph (1) as of the date of such report. 
(4) A plan for actions to secure the nuclear materials identi-
fied in paragraph (3) under systems described in paragraph 
(1), including an estimate of the cost of such actions. 
(5) The amounts expended through the fiscal year preceding 
the date of such report to secure nuclear materials described 
114 STAT. 1654A-476 
PUBLIC LAW 106-398—APPENDIX 
in subsection (a) under systems described in paragraph (1), 
set forth by total amount and by amount per fiscal year. 
(c) LIMITATION ON USE OF CERTAIN FUNDS.—(1) No amounts 
authorized to be appropriated for the Department of Energy by 
this Act or any other Act for purposes of the Nuclear Materials 
Protection, Control, and Accounting Program may be obligated or 
expended after September 30, 2000, for any project under the pro-
gram at a site controlled by the Russian Ministry of Atomic Energy 
(MINATOM) in Russia until the Secretary submits to the Commit-
tee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report on the access 
policy established with respect to such project, including a certifi-
cation that the access policy has been implemented. 
(2) The access policy with respect to a project under this sub-
section shall— 
(A) permit appropriate determinations by United States 
officials regarding security requirements, including security 
upgrades, for the project; and 
(B) ensure verification by United States officials that 
Department of Energy assistance at the project is being used 
for the purposes intended. 
SEC. 3172. NUCLEAR CITIES INITIATIVE. 
(a) IN GENERAL.—(1) The Secretary of Energy may, in accord-
ance with the provisions of this section, expand and enhance the 
activities of the Department of Energy under the Nuclear Cities 
Initiative. 
(2) In this section, the term "Nuclear Cities Initiative" means 
the initiative arising pursuant to the joint statement dated July 
24, 1998, signed by the Vice President of the United States and 
the Prime Minister of the Russian Federation and the agreement 
dated September 22, 1998, between the United States and the 
Russian Federation. 
(b) FUNDING FOR FISCAL YEAR 2001.—There is hereby author-
ized to be appropriated for the Department of Energy for fiscal 
year 2001 $30,000,000 for purposes of the Nuclear Cities Initiative. 
(c) 
LIMITATION PENDING 
SUBMISSION OF AGREEMENT.—No 
amount authorized to be appropriated or otherwise made available 
for the Department of Energy for fiscal year 2001 for the Nuclear 
Cities Initiative may be obligated or expended to provide assistance 
under the Initiative for more than three nuclear cities in Russia 
and two serial production facilities in Russia until 30 days sifter 
the date on which the Secretary of Energy submits to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a copy of a written agree-
ment between the United States Government and the Government 
of the Russian Federation which provides that Russia will close 
some of its facilities engaged in nuclear weapons assembly and 
disassembly work. 
(d) LIMITATION PENDING IMPLEMENTATION OF PROJECT REVIEW 
PROCEDURES.—(1) Not more than $8,750,000 of the amounts 
referred to in subsection (b) may be obligated or expended for 
purposes of the Initiative until the Secretary of Energy establishes 
and implements project review procedures for projects under the 
Initiative and submits to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-477 
of Representatives a report on the project review procedures so 
established and implemented. 
(2) The project review procedures established under paragraph 
(1) shall ensure that any scientific, technical, or commercial project 
initiated under the Initiative— 
(A) will not enhance the military or weapons of mass 
destruction capabilities of Russia; 
(B) will not result in the inadvertent transfer or utilization 
of products or activities under such project for military pur-
poses; 
(C) will be commercially viable; and 
(D) will be carried out in conjunction with an appropriate 
commercial, industrial, or nonprofit entity as partner. 
(e) 
LIMITATION PENDING 
CERTIFICATION AND 
REPORT.—No 
amount in excess of $17,500,000 authorized to be appropriated 
for the Department of Energy for fiscal year 2001 for the Nuclear 
Cities Initiative may be obligated or expended for purposes of 
providing assistance under the Initiative until 30 days after the 
date on which the Secretary of Energy submits to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives the following: 
(1) A copy of the written agreement between the United 
States and the Russian Federation which provides that Russia 
will close some of its facilities engaged in nuclear weapons 
assembly and disassembly work within five years of the date 
of the agreement in exchange for receiving assistance through 
the Initiative. 
(2) A certification by the Secretary— 
(A) that project review procedures for all projects under 
the Initiative have been established and are being imple-
mented; and 
(B) that those procedures will ensure that any sci-
entific, technical, or commercial project initiated under the 
Initiative— 
(i) will not enhance the military or weapons of 
mass destruction capabilities of Russia; 
(ii) will not result in the inadvertent transfer or 
utilization of products or activities imder such project 
for military purposes; 
(iii) will be commercially viable within three years 
after the date of the initiation of the project; and 
(iv) will be carried out in conjunction with an 
appropriate commercial, industrial, or other nonprofit 
entity as partner. 
(3) A report setting forth the following: 
(A) A description of the project review procedures proc-
ess. 
(B) A list of the projects under the Initiative that 
have been reviewed under such project review procedures. 
(C) A description for each project listed under subpara-
graph (B) of the purpose, expected life-cycle costs, out-
year budget costs, participants, commercial viability, 
expected time for income generation, and number of Rus-
sian jobs created. 
(f) 
PLAN FOR RESTRUCTURING THE RUSSIAN NUCLEAR COM-
P L E X . ^ 1) The President, acting through the Secretary of Energy, 
is urged to enter into discussions with the Russian Federation 
114 STAT. 1654A-478 
PUBLIC LAW 106-398—APPENDIX 
for purposes of the development by the Russian Federation of a 
plan to restructure the Russian nuclear complex in order to meet 
changes in the national security requirements of Russia by 2010. 
(2) The plan under paragraph (1) should include the following: 
(A) Mechanisms to consolidate the nuclear weapons produc-
tion capacity in Russia to a capacity that is consistent with 
the obligations of Russia under current and future arms control 
agreements. 
(B) Mechanisms to increase transparency regarding the 
restructuring of the Russian nuclear complex and weapons-
surplus nuclear materials inventories in Russia to the levels 
of transparency for such matters in the United States, including 
the participation of Department of Energy officials with exper-
tise in transparency of such matters. 
(C) Measurable milestones that will permit the United 
States and the Russian Federation to monitor progress under 
the plan. 
(g) ENCOURAGEMENT OF CAREERS IN NONPROLIFERATION.—(1) 
In carrying out actions under this section, the Secretary of Energy 
may carry out a program to encourage students in the United 
States and in the Russian Federation to pursue careers in areas 
relating to nonproliferation. 
(2) Of the amounts made available under the Initiative for 
fiscal year 2001 in excess of $17,500,000, up to $2,000,000 shall 
be available for purposes of the program under paragraph (1). 
(3) The Administrator for Nuclear Security shall notify the 
Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives before any 
funds are expended pursuant to paragraph (2). Any such notification 
shall include— 
(A) an identification of the amount to be expended under 
paragraph (2) during fiscal year 2001; 
(B) the recipients of the funds; and 
(C) specific information on the activities that will be con-
ducted using those funds. 
(h) DEFINITIONS.—In this section: 
(1) The term "nuclear city" means any of the closed nuclear 
cities within the complex of the Russian Ministry of Atomic 
Energy as follows: 
(A) Sarov (Arzamas-16). 
(B) Zarechnyy (Penza-19). 
(C) Novoural'sk (Sverdlovsk-44). 
(D) Lesnoy (Sverdlovsk-45). 
(E) Ozersk (Chelyabinsk-65). 
(F) Snezhinsk (Chelyabinsk-70). 
(G) Trechgomyy (Zlatoust-36). 
(H) Seversk (Tomsk-7). 
(I) Zheleznogorsk (Krasnoyarsk-26). 
(J) Zelenogorsk (Krasnoyarsk-45). 
(2) The term "Russian nuclear complex" means all of the 
nuclear cities. 
(3) The term "serial production facilities" means the facili-
ties in Russia that are located at the following cities: 
(A) Avangard. 
(B) Lesnoy (Sverdlovsk-45). 
(C) Trechgomyy (Zlatoust-36). 
(D) Zarechnyy (Penza-19). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-479 
SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITOR-
ING. 
(a) REPORT REQUIRED.—Not later than March 1, 2001, the 
Secretary of Energy shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of the 
House of Representatives a report on the efforts of the Department 
of Energy to ensure adequate oversight and accountability of the 
Department's nonproliferation programs in Russia and the potential 
costs and effects of the use of on-the-ground monitoring for the 
Department's significant nonproliferation programs in Russia. The 
report shall include the following: 
(1) A detailed discussion of the current management and 
oversight mechanisms used to ensure that Federal funds are 
expended for the intended purposes of those programs and 
that the projects are achieving their intended objectives. 
(2) An evaluation of whether those mechanisms are ade-
quate. 
(3) A discussion of whether there is a need for additional 
employees of the Department, or of contractors of the Depart-
ment, to be stationed in Russia, or to visit nonproliferation 
project sites in Russia on a regular basis, to monitor the pro-
grams carried out at those sites, and an estimate of the practical 
considerations and costs of such monitoring. 
(4) An identification of each nonproliferation program and 
each site at which an employee referred to in paragraph (3) 
would be placed to monitor that program. 
(5) A description of the costs associated with continued 
on-the-ground monitoring of those programs, including the costs 
associated with placing those employees in Russia. 
(6) Recommendations regarding the most cost-effective 
option for the Department to pursue to ensure that Federal 
funds for those programs are expended for the intended pur-
poses of those programs. 
(7) Any recommendations of the Secretary for further 
improvements in the oversight and accountability of those pro-
grams, including any proposed legislation. 
(b) GAO REPORT.—Not later than April 15, 2001, the Comptrol-
ler General shall submit to the committees referred to in subsection 
(a) a report setting forth the assessment of the Comptroller General 
concerning the information contained in the report required by 
that subsection. 
SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION 
OF NONPROLIFERATION PROGRAMS. 
It is the sense of Congress that there should be clear and 
effective coordination among— 
(1) the Nuclear Cities Initiative; 
(2) the Initiatives for Proliferation Prevention program; 
(3) the Cooperative Threat Reduction programs; 
(4) the Nuclear Materials Protection, Control, and Account-
ing Program; and 
(5) the International Science and Technology Center pro-
gram. 
114 STAT. 1654A-480 
PUBLIC LAW 106-398—APPENDIX 
SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL 
NUCLEAR SAFETY PROGRAM. 
Amounts authorized to be appropriated or otherwise made 
available by this title for the Department of Energy for fiscal 
year 2001 for the International Nuclear Safety Program in the 
former Soviet Union and Eastern Europe shall be available only 
for purposes of reactor safety upgrades and training relating to 
nuclear operator and reactor safety. 
Subtitle G—Other Matters 
SEC. 3191. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSON-
NEL. 
Section 3161(c)(1) of the National Defense Authorization Act 
for Fiscal Year 1995 (PubUc Law 103-337; 42 U.S.C. 7231 note) 
is amended by striking "September 30, 2000" and inserting "Septem-
ber 30, 2002". 
SEC. 3192. BIENNIAL REPORT CONTAINING UPDATE ON NUCLEAR TEST 
READINESS POSTURES. 
Section 3152 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623) is amended— 
(1) by inserting "(a) REPORT.—" before "Not later than 
February 15, 1996,"; and 
(2) by adding at the end the following: 
"(b) BIENNIAL UPDATE REPORT.—(1) Not later than February 
15 of each odd-numbered year, the Secretary shall submit to the 
congressional defense committees a report containing an update 
of the report required under subsection (a), as updated by any 
report previously submitted under this paragraph. 
"(2) Each report under paragraph (1) shall include, as of the 
date of such report, the following: 
"(A) A list and description of the workforce skills and 
capabilities that are essential to carry out underground nuclear 
tests at the Nevada Test Site. 
"(B) A list and description of the infrastructure and physical 
plant that are essential to carry out underground nuclear tests 
at the Nevada Test Site. 
"(C) A description of the readiness status of the skills 
and capabilities described in subparagraph (A) and of the infra-
structure and physical plant described in subparagraph (B). 
"(3) Each report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.". 
SEC. 3193. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF 
RESTRICTED DATA AND FORMERLY RESTRICTED DATA. 
(a) FREQUENCY OF REPORTS.—Section 3161(f)(2) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105-261; 112 Stat. 2261; 50 U.S.C. 435 note) is amend-
ed to read as follows: 
"(2) The Secretary of Energy shall, on a quarterly basis, submit 
a report to the committees and Assistant to the President specified 
in subsection (d). The report shall state whether any inadvertent 
releases described in paragraph (1) occurred during the immediately 
preceding quarter and, if so, shall identify each such release.". 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-481 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
apply with respect to inadvertent releases of Restricted Data and 
Formerly Restricted Data that are discovered on or after the date 
of the enactment of this Act. 
SEC. 3194. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR 
RELIABILITY OF THE NUCLEAR WEAPONS STOCKPILE. 
Any certification submitted to the President by the Secretary 
of Defense or the Secretary of Energy regarding confidence in 
the safety or reliability of a nuclear weapon type in the United 
States nuclear weapons stockpile shall be submitted in classified 
form only. 
SEC. 3195. AUTHORITY TO PROVIDE CERTIFICATE OF COMMENDATION 
TO 
DEPARTMENT 
OF 
ENERGY 
AND 
CONTRACTOR 
EMPLOYEES FOR EXEMPLARY SERVICE IN STOCKPILE 
STEWARDSHIP AND SECURITY. 
(a) AUTHORITY TO PRESENT CERTIFICATE OF COMMENDATION.— 
The Secretary of Energy may present a certificate of commendation 
to any current or former employee of the Department of Energy, 
and any current or former employee of a Department contractor, 
whose service to the Department in matters relating to stockpile 
stewardship and security assisted the Department in furthering 
the national security interests of the United States. 
(b) CERTIFICATE.—The certificate of commendation presented 
to a current or former employee under subsection (a) shall include 
an appropriate citation of the service of the current or former 
employee described in that subsection, including a citation for dedi-
cation, intellect, and sacrifice in furthering the national security 
interests of the United States by maintaining a strong, safe, and 
viable United States nuclear deterrent during the Cold War or 
thereafter. 
(c) DEPARTMENT OF ENERGY DEFINED.—For purposes of this 
section, the term "Department of Energy" includes any predecessor 
agency of the Department of Energy. 
SEC. 3196. COOPERATIVE RESEARCH AND DEVELOPMENT AGREE-
MENTS FOR GOVERNMENT-OWNED, CONTRACTOR-OPER-
ATED LABORATORIES. 
(a) STRATEGIC PLANS.—Subsection (a) of section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710a) is amended by striking "joint work statement," and inserting 
"joint work statement or, if permitted by the agency, in an agency-
approved annual strategic plan,". 
(b) EXPERIMENTAL FEDERAL WAIVERS.—Subsection (b) of that 
section is amended by adding at the end the following new para-
graph: 
"(6)(A) In the case of a laboratory that is part of the National 
Nuclear Security Administration, a designated official of that 
Administration may waive any license retained by the Government 
under paragraph (1)(A), (2), or (3)(D), in whole or in part and 
according to negotiated terms and conditions, if the designated 
official finds that the retention of the license by the Government 
would substantially inhibit the commercialization of an invention 
that would otherwise serve an important national security mission. 
"(B) The authority to grant a waiver under subparagraph (A) 
shall expire on the date that is five years after the date of the 
enactment of the Floyd D. Spence National Defense Authorization 
114 STAT. 1654A-482 
PUBLIC LAW 106-398—APPENDIX 
Act for Fiscal Year 2001. The expiration under the preceding sen-
tence of authority to grant a waiver under subparagraph (A) shall 
not affect any waiver granted under that subparagraph before the 
expiration of such authority. 
"(C) Not later than February 15 of each year, the Administrator 
for Nuclear Security shall submit to Congress a report on any 
waivers granted under this paragraph during the preceding year.". 
(c) TIME REQUIRED FOR APPROVAL.—Subsection (c)(5) of that 
section is amended— 
(1) by striking subparagraph (C); 
(2) by redesignating subparagraph (D) as subparagraph 
(C); and 
(3) in subparagraph (C), as so redesignated— 
(A) in clause (i)— 
(i) by striking "with a small business firm"; and 
(ii) by inserting "if" after "statement"; and 
(B) by adding at the end the following new clauses: 
"(iv) Any agency that has contracted with a non-Federal entity 
to operate a laboratory may develop and provide to such laboratory 
one or more model cooperative research and development agree-
ments for purposes of standardizing practices and procedures, 
resolving common legal issues, and enabling review of cooperative 
research and development agreements to be carried out in a routine 
and prompt manner. 
"(v) A Federal agency may waive the requirements of clause 
(i) or (ii) under such circumstances as the agency considers appro-
priate.". 
SEC. 3197. OFFICE OF ARCTIC ENERGY. 
(a) ESTABLISHMENT.—The Secretary of Energy may establish 
within the Department of Energy an Office of Arctic Energy. 
(b) PURPOSES.—The purposes of such office shall be as follows: 
(1) To promote research, development, and deployment of 
electric power technology that is cost-effective and especially 
well suited to meet the needs of rural and remote regions 
of the United States, especially where permafrost is present 
or located nearby. 
(2) To promote research, development, and deployment in 
such regions of— 
(A) enhanced oil recovery technology, including heavy 
oil recovery, reinjection of carbon, and extended reach drill-
ing technologies; 
(B) gas-to-liquids technology and liquified natural gas 
(including associated transportation systems); 
(C) small hydroelectric facilities, river turbines, and 
tidal power; 
(D) natural gas hydrates, coal bed methane, and shal-
low bed natural gas; and 
(E) alternative energy, including wind, geothermal, and 
fuel cells. 
(c) LOCATION.—The Secretary shall locate such office at a 
university with expertise and experience in the matters specified 
in subsection (b). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-483 
TITLE XXXII^DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2001, 
$18,500,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIII—NATIONAL DEFENSE 
STOCKPILE 
Sec. 3301. Authorized uses of stockpile funds. 
Sec. 3302. Increased receipts under prior disposal authority. 
Sec. 3303. Disposal of titanium. 
SEC. 3301. AUTHORIZED USES OF STOCKPILE FU>fDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—^During fiscal year 2001, 
the National Defense Stockpile Manager may obligate up to 
$71,000,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. Tlie National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 3302. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY. 
Section 3303(a)(4) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 
Stat. 
2263; 50 U.S.C. 98d note) is 
amended 
by 
striking 
"$590,000,000" and inserting "$720,000,000". 
SEC. 3303. DISPOSAL OF TITANIUM. 
(a) DISPOSAL REQUIRED.—Notwithstanding any other provision 
of law, the President shall, by September 30, 2010, dispose of 
30,000 short tons of titanium contained in the National Defense 
Stockpile. 
(b) TREATMENT OF RECEIPTS.—Notwithstanding section 9 of 
the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 
98h), of the funds received as a result of the disposal of titanium 
under subsection (a), $6,000,000 shall be transferred to the Amer-
ican Battle Monuments Commission for deposit in the fund estab-
lished under section 2113 of title 36, United States Code, for the 
World War II memorial authorized by section 1 of Public Law 
114 STAT. 1654A-484 
PUBLIC LAW 106-398—APPENDIX 
103-32 (107 Stat. 90), and the remainder shall be deposited into 
m 
the Treasury as miscellaneous receipts. 
(c) WORLD WAR II MEMORIAL.—(1) The amount transferred 
to the American Battle Monuments Commission under subsection 
(b) shall be used to complete all necessary requirements for the 
design of, ground breaking for, construction of, maintenance of, 
£ind dedication of the World War II memorial. The Commission 
shall determine how the amount shall be apportioned among such 
purposes. 
(2) Any funds not necessary for the purposes set forth in para-
graph (1) shall be transferred to and deposited in the general 
fund of the Treasury. 
(d) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal authority provided in subsection (a) is new disposal authority 
and is in addition to, and shall not affect, any other disposal 
authority provided by law regarding materials in the National 
Defense Stockpile. 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVES 
Sec. 3401. Minimum price of petroleum sold from certain naval petroleum reserves. 
Sec. 3402. Repeal of authority to contract for cooperative or unit plans affecting naval 
petroleum reserve numbered 1. 
Sec. 3403. Disposal of Oil Shale Reserve Numbered 2. 
SEC. 3401. MINIMUM PRICE OF PETROLEUM SOLD FROM CERTAIN 
NAVAL PETROLEUM RESERVES. 
Section 7430(b)(2) of title 10, United States Code, is amended— 
(1) in the matter before subparagraph (A), by striking 
"Naval Petroleum Reserves Numbered 1, 2, and 3" and inserting 
"Naval Petroleum Reserves Numbered 2 and 3"; and 
(2) in subparagraph (A), by striking "90 percent of". 
SEC. 3402. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE 
OR 
UNIT 
PLANS 
AFFECTING 
NAVAL 
PETROLEUM 
RESERVE NUMBERED 1. 
(a) REPEAL.—Section 7426 of title 10, United States Code, is 
repealed. 
(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Section 
7425 of such title is amended by striking "for—" and all 
that follows through "he may acquire" and inserting "for exchanges 
of land or agreements for conservation authorized by section 7424 
of this title, the Secretary may acquire". 
(2) Section 7428 of such title is amended by striking ", except 
a plan authorized by section 7426 of this title,". 
(3) The table of sections at the beginning of chapter 641 of 
such title is amended by striking the item relating to section 7426. 
(c) SAVINGS PROVISION.—The repeal of section 7426 of title 
10, United States Code, shall not affect the validity of contracts 
that are in effect under such section on the day before the date 
of the enactment of this Act. No such contract may be extended 
or renewed on or after the date of the enactment of this Act, 
SEC. 3403. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2. 
(a) TRANSFER TO INDL\N TRIBE.—Section 3405 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-485 
(10 U.S.C. 7420 note; Public Law 105-261) is amended to read 
as follows: 
"SEC. 3405. DISPOSAL OF OIL SHALE RESERVE NUMBERED 2. 
"(a) DEFINITIONS.—In this section: 
"(1) NOSR-2.—The term 'NOSR-2' means Oil Shale 
Reserve Numbered 2, as identified on a map on file in the 
OfTice of the Secretary of the Interior. 
"(2) MOAB SITE.—The term 'Moab site' means the Moab 
uranium milling site located approximately three miles north-
west of Moab, Utah, and identified in the Final Environmental 
Impact Statement issued by the Nuclear Regulatory Commis-
sion in March 1996 in conjunction with Source Materials 
License No. SUA-917. 
"(3) MAP.—The term 'map' means the map depicting the 
boundaries of NOSR-2, to be kept on file and available for 
public inspection in the offices of the Department of the Interior. 
"(4) TRIBE.—The term Tribe' means the Ute Indian Tribe 
of the Uintah and Ouray Indi£in Reservation. 
"(5) TRUSTEE.—The term Trustee' means the Trustee of 
the Moab Mill Reclamation Trust. 
"(b) CONVEYANCE.—(1) Except as provided in paragraph (2) 
and subsection (e), all right, title, and interest of the United States 
in and to all Federal lands within the exterior boundaries of NOSR-
2 (including surface and mineral rights) are hereby conveyed to 
the Tribe in fee simple. The Secretary of Energy shall execute 
and file in the appropriate office a deed or other instrument effec-
tuating the conveyance made by this section. 
"(2) The conveyance under paragraph (1) does not include the 
following: 
"(A) The portion of the bed of Green River contained 
entirely within NOSR-2, as depicted on the map. 
"(B) The land (including surface and mineral rights) to 
the west of the Green River within NOSR-2, as depicted on 
the map. 
"(C) A V
4 mile scenic easement on the east side of the 
Green River within NOSR-2. 
"(c) CONDITIONS ON CONVEYANCE.—(1) The conveyance under 
subsection (b) is subject to valid existing rights in effect on the 
day before the date of the enactment of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001. 
"(2) On completion of the conveyance under subsection (b), 
the United States relinquishes all management authority over the 
conveyed land, including tribal activities conducted on the land. 
"(3) The land conveyed to the Tribe under subsection (b) shall 
not revert to the United States for management in trust status. 
"(4) The reservation of the easement under subsection (b)(2)(C) 
shall not affect the right of the Tribe to use and maintain access 
to the Green River through the use of the road within the easement, 
as depicted on the map. 
"(5) Each withdrawal that applies to NOSR-2 and that is 
in effect on the date of the enactment of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 is revoked 
to the extent that the withdrawal applies to NOSR-2. 
"(6) Notwithstanding that the land conveyed to the Tribe under 
subsection (b) shall not be part of the reservation of the Tribe, 
114 STAT. 1654A-486 
PUBLIC LAW 106-398—APPENDIX 
such land shall be deemed to be part of the reservation of the 
Tribe for the purposes of criminal and civil jurisdiction. 
"(d) ADMINISTRATION OF UNCONVEYED LAND AND INTERESTS 
IN LAND.—(1) The land and interests in land excluded by subpara-
graphs (A) and (B) of subsection (b)(2) from conveyance under 
subsection (b) shall be administered by the Secretary of the Interior 
in accordance with the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.). 
"(2) Not later than three years after the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, the Secretary of the Interior shall submit to 
Congress a land use plan for the management of the land and 
interests in land referred to in paragraph (1). 
"(3) There are authorized to be appropriated to the Secretary 
of the Interior such sums as are necessary to carry out this sub-
section. 
"(e) ROYALTY.—(1) Notwithstanding the conveyance under sub-
section (b), the United States retains a nine percent royalty interest 
in the value of any oil, gas, other hydrocarbons, and all other 
minerals that are produced, saved, and sold from the conveyed 
land during the period beginning on the date of the conveyance 
and ending on the date the Secretary of Energy releases the royalty 
interest under subsection (i). 
"(2) The royalty payments shall be made by the Tribe or its 
designee to the Secretary of Energy during the period that the 
oil, gas, hydrocarbons, or minerals are being produced, saved, sold, 
or extracted. The Secretary of Energy shall retain and use the 
payments in the manner provided in subsection (i)(3). 
"(3) The royalty interest retained by the United States under 
this subsection does not include any development, production, 
marketing, and operating expenses. 
"(4) The Tribe shall submit to the Secretary of Energy and 
to Congress an annual report on resource development and other 
activities of the Tribe concerning the conveyance under subsection 
(b). 
"(5) Not later than five years after the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, and every five years thereafter, the Tribe shall 
obtain an audit of all resource development activities of the Tribe 
concerning the conveyance under subsection (b), as provided under 
chapter 75 of title 31, United States Code. The results of each 
audit under this paragraph shall be included in the next annual 
report submitted under paragraph (4). 
"(f) RIVER MANAGEMENT.—(1) The Tribe shall manage, under 
Tribal jurisdiction and in accordance with ordinances adopted by 
the Tribe, land of the Tribe that is adjacent to, and within V4 
mile of, the Green River in a manner that— 
"(A) maintains the protected status of the land; and 
"(B) is consistent with the 
govemment-to-govemment 
agreement and in the memorandum of understanding dated 
February 11, 2000, as agreed to by the Tribe and the Secretary 
of the Interior. 
"(2) An ordinance referred to in paragraph (1) shall not impair, 
limit, or otherwise restrict the management and use of any land 
that is not owned, controlled, or subject to the jurisdiction of the 
Tribe. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-487 
"(3) An ordinance adopted by the Tribe and referenced in the 
government-to-govemment agreement may not be repealed or 
amended without the written approval of both the Tribe and the 
Secretary of the Interior. 
"(g) PLANT SPECIES.—(1) In accordance with a government-
to-govemment agreement between the Tribe and the Secretary of 
the Interior, in a manner consistent with levels of legal protection 
in effect on the date of the enactment of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001, the Tribe 
shall protect, under ordinances adopted by the Tribe, any plant 
species that is— 
"(A) listed as an endangered species or threatened species 
under section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533); and 
"(B) located or found on the NOSR-2 land conveyed to 
the Tribe. 
"(2) The protection described in paragraph (1) shall be per-
formed solely under tribal jurisdiction. 
"(h) HORSES.—(1) The Tribe shall manage, protect, and assert 
control over any horse not owned by the Tribe or tribal members 
that is located or found on the NOSR-2 land conveyed to the 
Tribe in a manner that is consistent with Federal law governing 
the management, protection, and control of horses in effect on 
the date of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001. 
"(2) The management, control, and protection of horses 
described in paragraph (1) shall be performed solely— 
"(A) under tribal jurisdiction; and 
"(B) in accordance with a government-to-govemment agree-
ment between the Tribe and the Secretary of the Interior. 
"(i) REMEDIAL ACTION AT MOAB SITE.—(1)(A) The Secretary 
of Energy shall prepare a plan for remediation, including ground 
water restoration, of the Moab site in accordance with title I of 
the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
7911 et seq.). The Secretary of Energy shall enter into arrangements 
with the National Academy of Sciences to obtain the technical 
advice, assistance, and recommendations of the National Academy 
of Sciences in objectively evaluating the costs, benefits, and risks 
associated with various remediation alternatives, including removal 
or treatment of radioactive or other hazardous materials at the 
site, ground water restoration, and long-term management of resid-
ual contaminants. If the Secretary prepares a remediation plan 
that is not consistent with the recommendations of the National 
Academy of Sciences, the Secretary shall submit to Congress a 
report explaining the reasons for deviation from the National Acad-
emy of Sciences' recommendations. 
"(B) The remediation plan required by subparagraph (A) shall 
be completed not later than one year after the date of the enactment 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001, and the Secretary of Energy shall commence 
remedial action at the Moab site as soon as practicable after the 
completion of the plan. 
"(C) The license for the materials at the Moab site issued 
by the Nuclear Regulatory Commission shall terminate one year 
after the date of the enactment of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 2001, unless the Secretary 
of Energy determines that the license may be terminated earlier. 
114 STAT. 1654A-488 
PUBLIC LAW 106-398—APPENDIX 
Until the license is terminated, the Trustee, subject to the availabil-
ity of funds appropriated specifically for a purpose described in 
clauses (i) through (iii) or made available by the Trustee from 
the Moab Mill Reclamation Trust, may carry out— 
"(i) interim measures to reduce or eliminate localized high 
ammonia concentrations in the Colorado River, identified by 
the United States Geological Survey in a report dated March 
27, 2000; 
"(ii) activities to dewater the mill tailings at the Moab 
site; and 
"(iii) other activities related to the Moab site, subject to 
the authority of the Nuclear Regulatory Commission and in 
consultation with the Secretary of Energy. 
"(D) As part of the remediation plan for the Moab site required 
by subparagraph (A), the Secretary of Energy shall develop, in 
consultation with the Trustee, the Nuclear Regulatory Commission, 
and the State of Utah, an efficient and legal means for transferring 
all responsibilities and title to the Moab site and all the materials 
therein from the Trustee to the Department of Energy. 
"(2) The Secretary of Energy shall limit the amounts expended 
in carrying out the remedial action under paragraph (1) to— 
"(A) amounts specifically appropriated for the remedial 
action in an appropriation Act; and 
"(B) other amounts made available for the remedial action 
under this subsection. 
"(3)(A) The royalty payments received by the Secretary of 
Energy under subsection (e) shall be available to the Secretary, 
without further appropriation, to carry out the remedial action 
under paragraph (1) until such time as the Secretary determines 
that all costs incurred by the United States to carry out the rem^edial 
action (other than costs associated with long-term monitoring) have 
been paid. 
"(B) Upon making the determination referred to in subpara-
graph (A), the Secretary of Energy shall transfer all remaining 
royalty amounts to the general fund of the Treasury and release 
to the Tribe the royalty interest retained by the United States 
under subsection (e). 
"(4)(A) Funds made available to the Department of Energy 
for national security activities shall not be used to carry out the 
remedial action under paragraph (1), except that the Secretary 
of Energy may use such funds for program direction directly related 
to the remedial action. 
"(B) There are authorized to be appropriated to the Secretary 
of Energy to carry out the remedial action under paragraph (1) 
such sums as are necessary. 
"(5) If the Moab site is sold after the date on which the Sec-
retary of Energy completes the remedial action under paragraph 
(1), the seller shall pay to the Secretary of Energy, for deposit 
in the general fund of the Treasury, the portion of the sale price 
that the Secretary determines resulted from the enhancement of 
the value of the Moab site as a result of the remedial action. 
The enhanced value of the Moab site shall be equal to the difference 
between— 
"(A) the fair market value of the Moab site on the date 
of the enactment of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001, based on information 
available on that date; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 16I54A-489 
"(B) the fair market value of the Moab site, as appraised 
on completion of the remedial action.". 
(b) URANIUM MILL TAILINGS.—Section 102 of the Uranium Mill 
Tailings Radiation Control Act of 1978 (42 U.S.C. 7912) is amended 
by adding at the end the following new subsection: 
"(f) DESIGNATION OF MOAB SITE AS PROCESSING SITE.— 
"(1) DESIGNATION.—Notwithstanding any other provision 
of law, the Moab uranium milling site (referred to in this 
subsection as the 'Moab site') located approximately three miles 
northwest of Moab, Utah, and identified in the Final Environ-
mental Impact Statement issued by the Nuclear Regulatory 
Commission in March 1996 in conjunction with Source Mate-
rials License No. SUA-917, is designated as a processing site. 
"(2) APPLICABILITY.—This title applies to the Moab site 
in the same manner and to the same extent as to other process-
ing sites designated under subsection (a), except that— 
"(A) sections 103, 104(b), 107(a), 112(a), and 115(a) 
of this title shall not apply; and 
"(B) a reference in this title to the date of the enact-
ment of this Act shall be treated as a reference to the 
date of the enactment of this subsection. 
"(3) REMEDIATION.—Subject to the availability of appropria-
tions for this purpose, the Secretary shall conduct remediation 
at the Moab site in a safe and environmentally sound manner 
that takes into consideration the remedial action plan prepared 
pursuant to section 3405(i) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 
7420 note; Public Law 105-261), including— 
"(A) ground water restoration; and 
"(B) the removal, to a site in the State of Utah, for 
permanent disposition and any necessary stabilization, of 
residual radioactive material and other contaminated mate-
rial from the Moab site and the floodplain of the Colorado 
River.". 
(c) CONFORMING AMENDMENT.—Section 3406 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 
(10 U.S.C. 7420 note; Public Law 105-261) is amended by adding 
at the end the following new subsection: 
"(f) OIL SHALE RESERVE NUMBERED 2.—This section does not 
apply to the transfer of Oil Shale Reserve Numbered 2 under 
section 3405.". 
TITLE XXXV—MARITIME 
ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2001. 
Sec. 3502. Scrapping of National Defense Reserve Fleet vessels. 
Sec. 3503. Authority to convey National Defense Reserve Fleet vessel, GLACIER. 
Sec. 3504. Maritime intermodal research. 
Sec. 3505. Maritime research and technology development. 
Sec. 3506. Reporting of administered and oversight ninds. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2001. 
Funds are hereby authorized to be appropriated for fiscal year 
2001, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
114 STAT. 1654A-490 
PUBLIC LAW 106-398—APPENDIX 
(1) For expenses necessary for operations and training 
activities, $94,260,000. 
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1271 et seq.), $54,179,000, of which— 
(A) $50,000,000 is for the cost (as defined in section 
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a(5))) of loan guarantees under the program; and 
(B) $4,179,000 is for administrative expenses related 
to loan guarantee commitments under the program. 
SEC. 3502. SCRAPPING OF NATIONAL DEFENSE RESERVE FLEET VES-
SELS. 
(a) 
EXTENSION OF SCRAPPING AUTHORITY UNDER NATIONAL 
MARITIME HERITAGE ACT OF 1994.—Section 6(c)(1) of the National 
Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is amended— 
(1) in subparagraph (A) by striking "2001" and inserting 
"2006"; and 
(2) by striking subparagraph (B) and inserting the follow-
ing: 
"(B) in the manner that provides the best value to 
the Government, except in any case in which obtaining 
the best value would require towing a vessel and such 
towing poses a serious threat to the environment; and". 
(b) 
SELECTION OF SCRAPPING FACILITIES.—The Secretary of 
Transportation may scrap obsolete vessels pursuant to section 
6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 
5405(c)(1)) through qualified scrapping facilities, using the most 
expeditious scrapping methodology and location practicable. Scrap-
ping facilities shall be selected under that section on a best value 
basis consistent with the Federal Acquisition Regulation, as in 
effect on the date of the enactment of this Act, without any pre-
disposition toward foreign or domestic facilities taking into consider-
ation, among other things, the ability of facilities to scrap vessels— 
(1) at least cost to the Government; 
(2) in a timely manner; 
(3) giving consideration to worker safety and the environ-
ment; and 
(4) in a manner that minimizes the geographic distance 
that a vessel must be towed when towing a vessel poses a 
serious threat to the environment. 
(c) LIMITATION ON SCRAPPING BEFORE PROGRAM.— 
(1) IN GENERAL.—Until the report required by subsection 
(d)(1) is transmitted to the congressional committees referred 
to in that subsection, the Secretary may not proceed with 
the scrapping of any vessel in the National Defense Reserve 
Fleet except the following: 
(A) DONNER. 
(B) EXPORT COMMERCE. 
(C) BUILDER. 
(D) ALBERT E. WATTS. 
(E) WAYNE VICTORY. 
(F) MORMACDAWN. 
(G) MORMACMOON. 
(H) SANTA ELENA. 
(I) SANTA ISABEL. 
(J) SANTA CRUZ. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-491 
(K) PROTECTOR. 
(L) LAUDERDALE. 
(N) PVT. FRED C. MURPHY. 
(M) BEAUJOLAES. 
(O)MEACHAM. 
(P) NEACO. 
(Q) WABASH. 
(R) NEMASKET. 
(S)MIRFAK. 
(T) GEN. ALEX M. PATCH. 
(U) ARTHUR M. HUDDELL. 
(V) WASHINGTON. 
(W) SUFFOLK COUNTY. 
(X) CRANDALL. 
(Y) CRILLEY. 
(Z) RIGEL. 
(AA) VEGA. 
(BB) COMPASS ISLAND. 
(CO EXPORT CHALLENGER. 
(DD) PRESERVER. 
(EE) MARINE FIDDLER. 
(FF) WOOD COUNTY. 
(GG) CATAWBA VICTORY. 
(HH) GEN. NELSON M. WALKER. 
(II) LORAIN COUNTY. 
(JJ) LYNCH. 
(KK) MISSION SANTA YNEZ. 
(LL) CALOOSAHATCHEE. 
(MM) CANISTEO. 
(2) PRIORITIZATION.—^The Secretary shall exercise discretion 
to prioritize for scrapping those vessels identified in paragraph 
(1) that pose the most immediate threat to the environment. 
(d) SCRAPPING PROGRAM FOR OBSOLETE NATIONAL DEFENSE 
RESERVE FLEET VESSELS.— 
(1) DEVELOPMENT OF PROGRAM; REPORT.—^The Secretary 
of Transportation, in consultation with the Secretary of the 
Navy and the Administrator of the Environmental Protection 
Agency, shall within 6 months after the date of the enactment 
of this Act— 
(A) develop a program for the scrapping of obsolete 
National Defense Reserve Fleet vessels; and 
(B) submit a report on the program to the Committee 
on Transportation and Infrastructure and the Committee 
on Resources of the House of Representatives, the Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate, and the Committees on Armed Services of the House 
of Representatives and the Senate. 
(2) 
CONTENTS OF 
REPORT.—The report shall include 
information concerning the initial determination of scrapping 
capacity, both domestically and abroad, appropriate proposed 
regulations to implement the program, funding and staffing 
requirements, milestone dates for the disposal of each obsolete 
vessel, and longterm cost estimates for the program. 
(3) ALTERNATIVES.—In developing the program, the Sec-
retary of Transportation, in consultation with the Secretary 
114 STAT. 1654A-492 
PUBLIC LAW 106-398—APPENDIX 
of the Navy and the Administrator of the Environmental Protec-
tion Agency, shall consider all alternatives and available 
information, including— 
(A) alternative scrapping sites; 
(B) vessel donations; 
(C) sinking of vessels in deep water; 
(D) sinking vessels for development of artificial reefs; 
(E) sales of vessels before they become obsolete; 
(F) results from the Navy Ship Disposal Program under 
section 8124 of the Department of Defense Appropriations 
Act, 1999; and 
(G) the Report of the Department of Defense's Inter-
agency Panel on Ship Scrapping issued in April 1998. 
(e) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, and every 6 months thereafter, the Secretary 
of Transportation, in coordination with the Secretary of the Navy, 
shall report to the Committee on Transportation and Infrastructure 
and the Committee on Resources of the House of Representatives, 
the Committee on Commerce, Science, and Transportation of the 
Senate, and the Committees on Armed Services of the House of 
Representatives and the Senate on the progress of the vessel scrap-
ping program developed under subsection (d)(1) and on the progress 
of any other scrapping of obsolete Government-owned vessels. 
(f) 
PRESIDENTIAL 
RECOMMENDATION.—The President 
shall 
transmit with the report required by subsection (d)(1) a rec-
ommendation on— 
(1) whether it is necessary to amend the Toxic Substances 
Control Act (15 U.S.C. 2601 et seq.) or any other environmental 
statute or regulatory requirements relevant to the disposal 
of vessels described in section 6(c)(2) of the National Maritime 
Heritage Act of 1994 (16 U.S.C. 5405(c)(2)) by September 30, 
2006; and 
(2) any proposed changes to those requirements to carry 
out such disposals. 
SEC. 3503. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE 
FLEET VESSEL, GLACIER. 
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation 
(in this section referred to as "the Secretary") may, subject to 
subsection (b), convey all right, title, and interest of the United 
States Government in and to the vessel in the National Defense 
Reserve Fleet that was formerly the U.S.S. GLACIER (United 
States official number AGB-4) to the Glacier Society, Inc., a corpora-
tion established under the laws of the State of Connecticut that 
is located in Bridgeport, Connecticut (in this section referred to 
as the "recipient"). 
(b) TERMS OF CONVEYANCE.— 
(1) REQUIRED CONDITIONS.—The Secretary may not convey 
a vessel under this section unless the recipient— 
(A) agrees to use the vessel for the purpose of a monu-
ment to the accomplishments of members of the Armed 
Forces of the United States, civilians, scientists, and dip-
lomats in exploration of the Arctic and the Antarctic; 
(B) agrees that the vessel will not be used for commer-
cial purposes; 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-493 
(C) agrees to make the vessel available to the Govern-
ment if the Secretary requires use of the vessel by the 
Government for war or national emergency; 
(D) agrees to hold the Government harmless for any 
claims arising from exposure to asbestos, polychlorinated 
biphenyls, or lead paint after the conveyance of the vessel, 
except for claims arising from use of the vessel by the 
Government pursuant to the agreement under subpara-
graph (C); and 
(E) provides sufficient evidence to the Secretary that 
it has available for use to restore the vessel, in the form 
of cash, liquid assets, or a written loan commitment, finan-
cial resources of at least $100,000. 
(2) DELIVERY OF VESSEL.—If the Secretary conveys the 
vessel under this section, the Secretary shall deliver the 
vessel— 
(A) at the place where the vessel is located on the 
date of conveyance; 
(B) in its condition on that date; and 
(C) at no cost to the United States Government. 
(3) ADDITIONAL TERMS.—The Secretary may require such 
additional terms in connection with the conveyance authorized 
by this section as the Secretary considers appropriate. 
(c) OTHER UNNEEDED EQUIPMENT.—If the Secretary conveys 
the vessel under this section, the Secretary may also convey to 
the recipient any unneeded equipment from other vessels in the 
National Defense Reserve Fleet or Government storage facilities 
for use to restore the vessel to museum quality or to its original 
configuration (or both). 
(d) RETENTION OF VESSEL IN NDRF.—The Secretary shall retain 
in the National Defense Reserve Fleet the vessel authorized to 
be conveyed under this section until the earlier of— 
(1) 2 years after the date of the enactment of this Act; 
or 
(2) the date of the conveyance of the vessel under this 
section. 
SEC. 3504. MARITIME INTERMODAL RESEARCH. 
Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is 
amended by adding at the end thereof the following: 
"(f) UNIVERSITY TRANSPORTATION RESEARCH FUNDS.— 
"(1) IN GENERAL.—^The Secretary may make a grant under 
section 5505 of title 49, United States Code, to an institute 
designated under subsection (a) for maritime and maritime 
intermodal research under that section as if the institute were 
a university transportation center. 
"(2) ADVICE AND CONSULTATION OF MARAD.—In making a 
grant under the authority of paragraph (1), the Secretary, 
through the Research and Special Programs Administration, 
shall advise the Maritime Administration concerning the avail-
ability of funds for the grants, and consult with the Administra-
tion on the making of the grants.". 
SEC. 3505. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT. 
(a) IN GENERAL.—The Secretary of Transportation shall conduct 
a study of maritime research and technology development, and 
114 STAT. 1654A-494 
PUBLIC LAW 106-398—APPENDIX 
report its findings and conclusions, together with any recommenda-
tions it finds appropriate, to the Congress within 9 months after 
the date of the enactment of this Act. 
(b) REQUIRED AREAS OF STUDY.—The Secretary shall include 
the following items in the report required by subsection (a): 
(1) The approximate dollar values appropriated by the Con-
gress for each of the 5 fiscal years ending before the study 
is commenced for each of the following modes of transportation: 
(A) Highway. 
(B) Rail. 
(C) Aviation. 
(D) Public transit. 
(E) Maritime. 
(2) A description of how Federal funds appropriated for 
research in the different transportation modes are utilized. 
(3) A summary and description of current research and 
technology development funds appropriated for each of those 
fiscal years for maritime research initiatives, with separate 
categories for funds provided to the Coast Guard for marine 
safety research purposes. 
(4) A description of cooperative mechanisms that could 
be used to attract and leverage non-federal investments in 
United States maritime research and technology development 
and application programs, including the potential for the cre-
ation of maritime transportation research centers and the bene-
fits of cooperating with existing surface transportation research 
centers. 
(5) Proposals for research and technology development 
funding to facilitate the evolution of Maritime Transportation 
System. 
(c) 
AUTHORIZATION 
OF APPROPRIATIONS.—Of 
the 
amounts 
authorized to be appropriated under section 3401 for operations 
and training, $100,000 is authorized to carry out this section. 
SEC. 3506. REPORTING OF ADMIMSTERED AND OVERSIGHT FUNDS. 
The Maritime Administration, in its annual report to the Con-
gress under section 208 of the Merchant Marine Act, 1936 (46 
U.S.C. App. 1118), and in its annual budget estimate submitted 
to the Congress, shall state separately the amount, source, intended 
use, and nature of any funds (other than funds appropriated to 
the Administration or to the Secretary of Transportation for use 
by the Administration) administered, or subject to oversight, by 
the Administration. 
TITLE XXXVI—ENERGY EMPLOYEES OC-
CUPATIONAL 
ILLNESS 
COMPENSA-
TION PROGRAM 
Sec. 3601. Short title. 
Sec. 3602. Findings; sense of Congress. 
SUBTITLE A—ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION 
FUND 
Sec. 3611. Establishment of Energy Employees Occupational Illness Compensation 
Program. 
Sec. 3612. Establishment of Energy Employees Occupational Illness Compensation 
Fund. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-495 
Sec. 3613. Legislative proposal. 
Sec. 3614. Authorization of appropriations. 
SUBTITLE B—PROGRAM ADMINISTRATION 
Sec. 3621. Definitions for program administration. 
Sec. 3622. Expansion of list of beryllium vendors. 
Sec. 3623. Exposure in the performance of duty. 
Sec. 3624. Advisory Board on Radiation and Worker Health. 
Sec. 3625. Responsibilities of Secretary of Health and Human Services. 
Sec. 3626. Designation of additional members of Special Exposure Cohort. 
Sec. 3627. Separate treatment of chronic silicosis. 
Sec. 3628. Compensation and benefits to be provided. 
Sec. 3629. Medical benefits. 
Sec. 3630. Separate treatment of certain uranium employees. 
Sec. 3631. Assistance for claimants and potential claimants. 
SUBTITLE C—TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION AND 
BENEFITS 
Sec. 3641. Offset for certain payments. 
Sec. 3642. Subrogation of the United States. 
Sec. 3643. Payment in full settlement of claims. 
Sec. 3644. Exclusivity of remedy against the United States and against contractors 
and subcontractors. 
Sec. 3645. Election of remedy for beryllium employees and atomic weapons employ-
ees. 
Sec. 3646. Certification of treatment of payments under other laws. 
Sec. 3647. Claims not assignable or transferable; choice of remedies. 
Sec. 3648. Attorney fees. 
Sec. 3649. Certain claims not affected by awards of damages. 
Sec. 3650. Forfeiture of benefits by convicted felons. 
Sec. 3651. Coordination with other Federal radiation compensation laws. 
SUBTITLE D—ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS 
Sec. 3661. Agreements with States. 
SEC. 3601. SHORT TITLE. 
This title may be cited as the "Energy Employees Occupational 
Illness Compensation Program Act of 2000". 
SEC. 3602. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—The Congress finds the following: 
(1) Since World War II, Federal nuclear activities have 
been explicitly recognized under Federal law as activities that 
are ultra-hazardous. Nuclear weapons production and testing 
have involved unique dangers, including potential catastrophic 
nuclear accidents that private insurance carriers have not cov-
ered and recurring exposures to radioactive substances and 
beryllium that, even in small amounts, can cause medical harm. 
(2) Since the inception of the nuclear weapons program 
and for several decades afterwards, a large number of nuclear 
weapons workers at sites of the Department of Energy and 
at sites of vendors who supplied the Cold War effort were 
put at risk without their knowledge £ind consent for reasons 
that, documents reveal, were driven by fears of adverse public-
ity, liability, and employee demands for hazardous duty pay. 
(3) Many previously secret records have documented 
unmonitored exposures to radiation and beryllium and continu-
ing problems at these sites across the Nation, at which the 
Department of Energy and its predecessor agencies have been, 
since World War II, self-regulating with respect to nuclear 
safety and occupational safety and health. No other hazardous 
Federal activity has been permitted to be carried out under 
such sweeping powers of self-regulation. 
(4) The policy of the Department of Energy has been to 
litigate occupational illness claims, which has deterred workers 
114 STAT. 1654A-496 
PUBLIC LAW 106-398—APPENDIX 
from filing workers' compensation claims and has imposed 
major financial burdens for such employees who have sought 
compensation. Contractors of the Department have been held 
harmless and the employees have been denied workers' com-
pensation coverage for occupational disease. 
(5) Over the past 20 years, more than two dozen scientific 
findings have emerged that indicate that certain of such 
employees are experiencing increased risks of dying from cancer 
and non-malignant diseases. Several of these studies have also 
established a correlation between excess diseases and exposure 
to radiation and beryllium. 
(6) While linking exposure to occupational hazards with 
the development of occupational disease is sometimes difficult, 
scientific evidence supports the conclusion that occupational 
exposure to dust particles or vapor of beryllium can cause 
beryllium sensitivity and chronic beryllium disease. Further-
more, studies indicate than 98 percent of radiation-induced 
cancers within the nuclear weapons complex have occurred 
at dose levels below existing maximum safe thresholds. 
(7) Existing information indicates that State workers' com-
pensation programs do not provide a uniform means of ensuring 
adequate compensation for the types of occupational illnesses 
and diseases that relate to the employees at those sites. 
(8) To ensure fairness and equity, the civilian men and 
women who, over the past 50 years, have performed duties 
uniquely related to the nuclear weapons production and testing 
programs of the Department of Energy and its predecessor 
agencies should have efficient, uniform, and adequate com-
pensation for beryllium-related health conditions and radiation-
related health conditions. 
(9) On April 12, 2000, the Secretary of Energy announced 
that the Administration intended to seek compensation for 
individuals with a broad range of work-related illnesses 
throughout the Department of Energy's nuclear weapons com-
plex. 
(10) However, as of October 2, 2000, the Administration 
has failed to provide Congress with the necessary legislative 
and budget proposals to enact the promised compensation pro-
gram. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) a program should be established to provide compensa-
tion to covered employees; 
(2) a fund for payment of such compensation should be 
established on the books of the Treasury; 
(3) payments from that fund should be made only after— 
(A) the identification of employees of the Department 
of Energy (including its predecessor agencies), and of con-
tractors of the Department, who may be members of the 
group of covered employees; 
(B) the establishment of a process to receive and 
administer claims for compensation for disability or death 
of covered employees; 
(C) the submittal by the President of a legislative 
proposal for compensation of such employees that includes 
the estimated annual budget resources for that compensa-
tion; and 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-497 
(D) consideration by the Congress of the legislative 
proposal submitted by the President; and 
(4) payments from that fund should commence not later 
than fiscal year 2002. 
Subtitle A—Establishment of Compensa-
tion Program and Compensation Fund 
SEC. 3611. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM. 
(a) PROGRAM ESTABLISHED.—There is hereby established a pro-
gram to be known as the "Energy Employees Occupational Illness 
Compensation Program" (in this title referred to as the "compensa-
tion program"). The President shall carry out the compensation 
program through one or more Federal agencies or officials, as des-
ignated by the President. 
(b) PURPOSE OF PROGRAM.—The purpose of the compensation 
program is to provide for timely, uniform, and adequate compensa-
tion of covered employees and, where applicable, survivors of such 
employees, suffering from illnesses incurred by such employees 
in the performance of duty for the Department of Energy and 
certain of its contractors and subcontractors. 
(c) ELIGIBILITY FOR COMPENSATION.—The eligibility of covered 
employees for compensation under the compensation program shall 
be determined in accordance with the provisions of subtitle B as 
may be modified by a law enacted after the date of the submittal 
of the proposal for legislation required by section 3613. 
SEC. 3612. ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION FUND. 
(a) ESTABLISHMENT.—^There is hereby established on the books 
of the Treasury a fund to be known as the "Energy Employees 
Occupational Illness Compensation Fund" (in this title referred 
to as the "compensation fund"). 
(b) AMOUNTS IN COMPENSATION FUND.—The compensation fund 
shall consist of the following amounts: 
(1) Amounts appropriated to the compensation fund pursu-
ant to the authorization of appropriations in section 3614(b). 
(2) Amounts transferred to the compensation fund under 
subsection (c). 
(c) FINANCING OF COMPENSATION FUND.—^Upon the exhaustion 
of amounts in the compensation fund attributable to the authoriza-
tion of appropriations in section 3614(b), the Secretary of the Treas-
ury shall transfer directly to the compensation fund from the Gen-
eral Fund of the Treasury, without further appropriation, such 
amounts as are further necessary to carry out the compensation 
program. 
(d) USE OF COMPENSATION FUND.—Subject to subsection (e), 
amounts in the compensation fund shall be used to carry out 
the compensation program. 
(e) ADMINISTRATIVE COSTS NOT PAID FROM COMPENSATION 
FUND.—No cost incurred in carrying out the compensation program, 
or in administering the compensation fund, shall be paid from 
the compensation fund or set off against or otherwise deducted 
from any pa5anent to any individual under the compensation pro-
gram. 
114 STAT. 1654A-498 
PUBLIC LAW 106-398—APPENDIX 
(f) 
INVESTMENT 
OF AMOUNTS 
IN COMPENSATION 
FUND.— 
Amounts in the compensation fund shall be invested in accordance 
with section 9702 of title 31, United States Code, and any interest 
on, and proceeds from, any such investment shall be credited to 
and become a part of the compensation fund. 
SEC. 3613. LEGISLATIVE PROPOSAL. 
(a) LEGISLATIVE PROPOSAL REQUIRED.—Not later than March 
15, 2001, the President shall submit to Congress a proposal for 
legislation to implement the compensation program. The proposal 
for legislation shall include, at a minimum, the specific rec-
ommendations (including draft legislation) of the President for the 
following: 
(1) The types of compensation and benefits, including lost 
wages, medical benefits, and any lump-sum settlement pay-
ments, to be provided under the compensation program. 
(2) Any adjustments or modifications necessary to appro-
priately administer the compensation program under subtitle 
B. 
(3) Whether to expand the compensation program to include 
other illnesses associated with exposure to toxic substances. 
(4) Whether to expand the class of individuals who are 
members of the Special Exposure Cohort (as defined in section 
3621(14)). 
(b) 
ASSESSMENT 
OF POTENTIAL 
COVERED 
EMPLOYEES AND 
REQUIRED AMOUNTS.—The President shall include with the proposal 
for legislation under subsection (a) the following: 
(1) An estimate of the number of covered employees that 
the President determines were exposed in the performance 
of duty. 
(2) An estimate, for each fiscal year of the compensation 
program, of the amounts to be required for compensation and 
benefits anticipated to be provided in such fiscal year under 
the compensation program. 
SEC. 3614. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Pursuant to the authorization of appropria-
tions in section 3103(a), $25,000,000 may be used for purposes 
of carrying out this title. 
(b) COMPENSATION FUND.—^There is hereby authorized to be 
appropriated $250,000,000 to the Energy Employees Occupational 
Illness Compensation Fund established by section 3612. 
Subtitle B—Program Administration 
SEC. 3621. DEFINITIONS FOR PROGRAM ADMINISTRATION. 
In this title: 
(1) The term "covered employee" means any of the follow-
ing: 
(A) A covered beryllium employee. 
(B) A covered employee with cancer. 
(C) To the extent provided in section 3627, a covered 
employee with chronic silicosis (as defined in that section). 
(2) The term "atomic weapon" has the meaning given that 
term in section 11 d. of the Atomic Energy Act of 1954 (42 
U.S.C. 2014(d)). 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-499 
(3) The term "atomic weapons employee" means an individ-
ual employed by an atomic weapons employer during a period 
when the employer was processing or producing, for the use 
by the United States, material that emitted radiation and was 
used in the production of an atomic weapon, excluding uranium 
mining and milling. 
(4) The term "atomic weapons employer" means an entity, 
other than the United States, that— 
(A) processed or produced, for use by the United States, 
material that emitted radiation and was used in the produc-
tion of an atomic weapon, excluding uranium mining and 
milling; and 
(B) is designated by the Secretary of Energy as an 
atomic weapons employer for purposes of the compensation 
program. 
(5) The term "atomic weapons employer facility" means 
a facility, owned by an atomic weapons employer, that is or 
was used to process or produce, for use by the United States, 
material that emitted radiation and was used in the production 
of an atomic weapon, excluding uranium mining or milling. 
(6) The term "beryllium vendor" means any of the following: 
(A) Atomics International. 
(B) Brush Wellman, Incorporated, and its predecessor. 
Brush Beryllium Company. 
(C) General Atomics. 
(D) General Electric Company. 
(E) NGK Metals Corporation and its predecessors, 
Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryl-
lium Corporation of America. 
(F) Nuclear Materials and Equipment Corporation. 
(G) StarMet Corporation and its predecessor. Nuclear 
Metals, Incorporated. 
(H) Wyman Gordan, Incorporated. 
(I) Any other vendor, processor, or producer of beryl-
lium or related products designated as a beryllium vendor 
for purposes of the compensation program under section 
3622. 
(7) The term "covered beryllium employee" means the fol-
lowing, if and only if the employee is determined to have 
been exposed to beryllium in the performance of duty in accord-
ance with section 3623(a): 
(A) A current or former employee (as that term is 
defined in section 8101(1) of title 5, United States Code) 
who may have been exposed to beryllium at a Department 
of Energy facility or at a facility owned, operated, or occu-
pied by a beryllium vendor. 
(B) A current or former employee of— 
(i) any entity that contracted with the Department 
of Energy to provide management and operation, 
management 
and 
integration, 
or 
environmental 
remediation of a Department of Energy facility; or 
(ii) any contractor or subcontractor that provided 
services, including construction and maintenance, at 
such a facility. 
(C) A current or former employee of a beryllium vendor, 
or of a contractor or subcontractor of a beryllium vendor, 
during a period when the vendor was engaged in activities 
114 STAT. 1654A-500 
PUBLIC LAW 106-398—APPENDIX 
related to the production or processing of beryllium for 
sale to, or use by, the Department of Energy. 
(8) The term "covered beryllium illness" means any of 
the following: 
(A) Beryllium sensitivity as established by an abnormal 
beryllium lymphocyte proliferation test performed on either 
blood or lung lavage cells. 
(B) Established chronic beryllium disease. 
(C) Any injury, illness, impairment, or disability sus-
tained as a consequence of a covered beryllium illness 
referred to in subparagraph (A) or (B). 
(9) The term "covered employee with cancer" means any 
of the following: 
(A) An individual with a specified cancer who is a 
member of the Special Exposure Cohort, if and only if 
that individual contracted that specified cancer after begin-
ning employment at a Department of Energy facility (in 
the case of a Department of Energy employee or Depart-
ment of Energy contractor employee) or at an atomic weap-
ons employer facility (in the case of an atomic weapons 
employee). 
(B)(i) An individual with cancer specified in subclause 
(I), (II), or (III) of clause (ii), if and only if that individual 
is determined to have sustained that cancer in the perform-
ance of duty in accordance with section 3623(b). 
(ii) Clause (i) applies to any of the following: 
(I) A Department of Energy employee who con-
tracted that cancer after beginning employment at a 
Department of Energy facility. 
(II) A Department of Energy contractor employee 
who contracted that cancer after beginning employ-
ment at a Department of Energy facility. 
(III) An atomic weapons employee who contracted 
that cancer after beginning employment at an atomic 
weapons employer facility. 
(10) The term "Department of Energy" includes the prede-
cessor agencies of the Department of Energy, including the 
Manhattan Engineering District. 
(11) The term "Department of Energy contractor employee" 
means any of the following: 
(A) An individual who is or was in residence at a 
Department of Energy facility as a researcher for one or 
more periods aggregating at least 24 months. 
(B) An individual who is or was employed at a Depart-
ment of Energy facility by— 
(i) an entity that contracted with the Department 
of Energy to provide management and operating, 
management 
and 
integration, 
or 
environmental 
remediation at the facility; or 
(ii) a contractor or subcontractor that provided 
services, including construction and maintenance, at 
the facility. 
(12) The term "Department of Energy facility" means any 
building, structure, or premise, including the grounds upon 
which such building, structure, or premise is located— 
(A) in which operations are, or have been, conducted 
by, or on behalf of, the Department of Energy (except 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-501 
for buildings, structures, premises, grounds, or operations 
covered by Executive Order No. 12344, dated February 
1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval 
Nuclear Propulsion Program); and 
(B) with regard to which the Department of Energy 
has or had— 
(i) a proprietary interest; or 
(ii) entered into a contract with an entity to provide 
management and operation, management and integra-
tion, environmental remediation services, construction, 
or maintenance services. 
(13) The term "established chronic beryllium disease" 
means chronic beryllium disease as established by the following: 
(A) For diagnoses on or after January 1, 1993, beryl-
lium sensitivity (as established in accordance with para-
graph (8)(A)), together with lung pathology consistent with 
chronic beryllium disease, including— 
(i) a lung biopsy showing granulomas or a 
lymphocytic process consistent with chronic beryllium 
disease; 
(ii) a computerized axial tomography scan showing 
changes consistent with chronic beryllium disease; or 
(iii) pulmonary function or exercise testing showing 
pulmonary deficits consistent with chronic beryllium 
disease. 
(B) For diagnoses before January 1, 1993, the presence 
of— 
(i) occupational or environmental history, or epi-
demiologic evidence of beryllium exposure; and 
(ii) any three of the following criteria: 
(I) Characteristic chest radiographic (or com-
puted tomography (CT)) abnormalities. 
(II) Restrictive or obstructive lung physiology 
testing or diffusing lung capacity defect. 
(III) Lung pathology consistent with chronic 
beryllium disease. 
(IV) Clinical course consistent with a chronic 
respiratory disorder. 
(V) Immunologic tests showing beryllium sen-
sitivity (skin patch test or beryllium blood test 
preferred). 
(14) The term "member of the Special Exposure Cohort" 
means a Department of Energy employee. Department of 
Energy contractor employee, or atomic weapons employee who 
meets any of the following requirements: 
(A) The employee was so employed for a number of 
work days aggregating at least 250 work days before Feb-
ruary 1, 1992, at a gaseous diffusion plant located in Padu-
cah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, 
and, during such emplo5niient— 
(i) was monitored through the use of dosimetry 
badges for exposure at the plant of the external parts 
of employee's body to radiation; or 
(ii) worked in a job that had exposures comparable 
to a job that is or was monitored through the use 
of dosimetry badges. 
114 STAT. 1654A-502 
PUBLIC LAW 106-398—APPENDIX 
(B) The employee was so employed before January 
1, 1974, by the Department of Energy or a Department 
of Energy contractor or subcontractor on Amchitka Island, 
Alaska, and was exposed to ionizing radiation in the 
performance of duty related to the Long Shot, Milrow, 
or Cannikin underground nuclear tests. 
(C)(i) Subject to clause (ii), the employee is an individ-
ual designated as a member of the Special Exposure Cohort 
by the President for purposes of the compensation program 
under section 3626. 
(ii) A designation under clause (i) shall, unless Con-
gress otherwise provides, take effect on the date that is 
180 days after the date on which the President submits 
to Congress a report identifying the individuals covered 
by the designation and describing the criteria used in des-
ignating those individuals. 
(15) The term "occupational illness" means a covered beryl-
lium illness, cancer referred to in section 3621(9)(B), specified 
cancer, or chronic silicosis, as the case may be. 
(16) The term "radiation" means ionizing radiation in the 
form o
f
— 
(A) alpha particles; 
(B) beta particles; 
(C) neutrons; 
(D) gamma rays; or 
(E) accelerated ions or subatomic particles from accel-
erator machines. 
(17) The term "specified cancer" means any of the following: 
(A) A specified disease, as that term is defined in 
section 4(b)(2) of the Radiation Exposure Compensation 
Act (42 U.S.C. 2210 note). 
(B) Bone cancer. 
(18) The term "survivor" means any individual or individ-
uals eligible to receive compensation pursuant to section 8133 
of title 5, United States Code. 
SEC. 3622. EXPANSION OF LIST OF BERYLLIUM VENDORS. 
Not later than December 31, 2002, the President may, in con-
sultation with the Secretary of Energy, designate as a beryllium 
vendor for purposes of section 3621(6) any vendor, processor, or 
producer of beryllium or related products not previously listed under 
or designated for purposes of such section 3621(6) if the President 
finds that such vendor, processor, or producer has been engaged 
in activities related to the production or processing of beryllium 
for sale to, or use by, the Department of Energy in a manner 
similar to the entities listed in such section 3621(6). 
SEC. 3623. EXPOSURE IN THE PERFORMANCE OF DUTY. 
(a) BERYLLIUM.—^A covered beryllium employee shall, in the 
absence of substantial evidence to the contrary, be determined 
to have been exposed to beryllium in the performance of duty 
for the purposes of the compensation program if, and only if, the 
covered beryllium employee was— 
(1) employed at a Department of Energy facility; or 
(2) present at a Department of Energy facility, or a facility 
owned and operated by a beryllium vendor, because of employ-
ment by the United States, a beryllium vendor, or a contractor 
or subcontractor of the Department of Energy, 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-503 
during a period when beryllium dust, particles, or vapor may have 
been present at such facility. 
(b) CANCER.—^An individual with cancer specified in subclause 
(I), (II), or (III) of section 3621(9)(B)(ii) shall be determined to 
have sustained that cancer in the performance of duty for purposes 
of the compensation program if, and only if, the cancer specified 
in that subclause was at least as likely as not related to employment 
at the facility specified in that subclause, as determined in accord-
ance with the guidelines established under subsection (c). 
(c) GUIDELINES.—(1) For purposes of the compensation program, 
the President shall by regulation establish guidelines for making 
the determinations required by subsection (b). 
(2) The President shall establish such guidelines after technical 
review by the Advisory Board on Radiation and Worker Health 
under section 3624. 
(3) Such guidelines shall— 
(A) be based on the radiation dose received by the employee 
(or a group of employees performing similar work) at such 
facility and the upper 99 percent confidence interval of the 
probability of causation in the radioepidemiological tables pub-
lished under section 7(b) of the Orphan Drug Act (42 U.S.C. 
241 note), as such tables may be updated under section 7(b)(3) 
of such Act from time to time; 
(B) incorporate the methods established under subsection 
(d); and 
(C) take into consideration the type of cancer, past health-
related activities (such as smoking), information on the risk 
of developing a radiation-related cancer from workplace expo-
sure, and other relevant factors. 
(d) METHODS FOR RADIATION DOSE RECONSTRUCTIONS.—(1) The 
President shall, through any Federal agency (other than the Depart-
ment of Energy) or official (other than the Secretary of Energy 
or any other official within the Department of Energy) that the 
President may designate, establish by regulation methods for arriv-
ing at reasonable estimates of the radiation doses received by 
an individual specified in subparagraph (B) of section 3621(9) at 
a facility specified in that subparagraph by each of the following 
employees: 
(A) An employee who was not monitored for exposure to 
radiation at such facility. 
(B) An employee who was monitored inadequately for expo-
sure to radiation at such facility. 
(C) An employee whose records of exposure to radiation 
at such facility are missing or incomplete. 
(2) The President shall establish an independent review process 
using the Advisory Board on Radiation and Worker Health to— 
(A) assess the methods established under paragraph (1); 
and 
(B) verify a reasonable sample of the doses established 
under paragraph (1). 
(e) INFORMATION ON RADIATION DOSES.—(1) The Secretary of 
Energy shall provide, to each covered employee with cancer specified 
in section 3621(9)(B), information specifying the estimated radiation 
dose of that employee during each employment specified in section 
3621(9)(B), whether established by a dosimetry reading, by a 
method established under subsection (d), or by both a dosimetry 
reading and such method. 
79-194 O - 00 - 18 : QL 3 Part 3 
114 STAT. 1654A-504 
PUBLIC LAW 106-398—APPENDIX 
(2) The Secretary of Health and Human Services and the Sec-
retary of Energy shall each make available to researchers and 
the general public information on the assumptions, methodology, 
and data used in establishing radiation doses under subsection 
(d). The actions taken under this paragraph shall be consistent 
with the protection of private medical records. 
SEC. 3624. ADVISORY BOARD ON RADIATION AND WORKER HEALTH. 
(a) ESTABLISHMENT.—(1) Not later than 120 days after the 
date of the enactment of this Act, the President shall establish 
and appoint an Advisory Board on Radiation and Worker Health 
(in this section referred to as the "Board"). 
(2) The President shall make appointments to the Board in 
consultation with organizations with expertise on worker health 
issues in order to ensure that the membership of the Board reflects 
a balance of scientific, medical, and worker perspectives. 
(3) The President shall designate a Chair for the Board from 
among its members. 
(b) DUTIES.—The Board shall advise the President on— 
(1) the development of guidelines under section 3623(c); 
(2) the scientific validity and quality of dose estimation 
and reconstruction efforts being performed for purposes of the 
compensation program; and 
(3) such other matters related to radiation and worker 
health in Department of Energy facilities as the President 
considers appropriate. 
(c) STAFF.--<1) The President shall appoint a staff to facilitate 
the work of the Board. The staff shall be headed by a Director 
who shall be appointed under subchapter VIII of chapter 33 of 
title 5, United States Code. 
(2) The President may accept as staff of the Board personnel 
on detail from other Federal agencies. The detail of personnel 
under this paragraph may be on a nonreimbursable basis. 
(d) EXPENSES.—Members of the Board, other than full-time 
employees of the United States, while attending meetings of the 
Board or while otherwise serving at the request of the President, 
while serving away from their homes or regular places of business, 
shall be allowed travel and meal expenses, including per diem 
in lieu of subsistence, as authorized by section 5703 of title 5, 
United States Code, for individuals in the Government serving 
without pay. 
SEC. 3625. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN 
SERVICES. 
The Secretary of Health and Human Services shall carry out 
that Secretary's responsibilities with respect to the compensation 
program with the assistance of the Director of the National Institute 
for Occupational Safety and Health. 
SEC. 3626. DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPO-
SURE COHORT. 
(a) ADVICE ON ADDITIONAL MEMBERS.—(I) The Advisory Board 
on Radiation and Worker Health under section 3624 shall advise 
the President whether there is a class of employees at any Depart-
ment of Energy facility who likely were exposed to radiation at 
that facility but for whom it is not feasible to estimate with suffi-
cient accuracy the radiation dose they received. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-505 
(2) The advice of the Advisory Board on Radiation and Worker 
Health under paragraph (1) shall be based on exposure assessments 
by radiation health professionals, information provided by the 
Department of Energy, and such other information as the Advisory 
Board considers appropriate. 
(3) The President shall request advice under paragraph (1) 
after consideration of petitions by classes of employees described 
in that paragraph for such advice. The President shall consider 
such petitions pursuant to procedures established by the President. 
(b) DESIGNATION OF ADDITIONAL MEMBERS.—Subject to 
the 
provisions of section 3621(14)(C), the members of a class of employ-
ees at a Department of Energy facility may be treated as members 
of the Special Exposure Cohort for purposes of the compensation 
program if the President, upon recommendation of the Advisory 
Board on Radiation and Worker Health, determines that— 
(1) it is not feasible to estimate with sufficient accuracy 
the radiation dose that the class received; and 
(2) there is a reasonable likelihood that such radiation 
dose may have endangered the health of members of the class. 
(c) ACCESS TO INFORMATION.—The Secretary of Energy shall 
provide, in accordance with law, the Secretary of Health and Human 
Services and the members and staff" of the Advisory Board on 
Radiation and Worker Health access to relevant information on 
worker exposures, including access to Restricted Data (as defined 
in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 
2014(y)). 
SEC. 3627. SEPARATE TREATMENT OF CHRONIC SILICOSIS. 
(a) SENSE OF CONGRESS.—Congress finds that employees who 
worked in Department of Energy test sites and later contracted 
chronic silicosis should also be considered for inclusion in the com-
pensation program. Recognizing that chronic silicosis resulting from 
exposure to silica is not a condition unique to the nuclear weapons 
industry, it is not the intent of Congress vdth this title to establish 
a precedent on the question of chronic silicosis as a compensable 
occupational disease. Consequently, it is the sense of Congress 
that a further determination by the President is appropriate before 
these workers are included in the compensation program. 
(b) CERTIFICATION BY PRESIDENT.—^A covered employee with 
chronic silicosis shall be treated as a covered employee (as defined 
in section 3621(1)) for the purposes of the compensation program 
required by section 3611 unless the President submits to Congress 
not later than 180 days after the date of the enactment of this 
Act the certification of the President that there is insufficient basis 
to include such employees. The President shall submit with the 
certification any recommendations about the compensation program 
with respect to covered employees with chronic silicosis as the 
President considers appropriate. 
(c) EXPOSURE TO SILICA IN THE PERFORMANCE OF DUTY.—A 
covered employee shall, in the absence of substantial evidence to 
the contrary, be determined to have been exposed to silica in the 
performance of duty for the purposes of the compensation program 
if, and only if, the employee was present for a number of work 
days aggregating at least 250 work days during the mining of 
tunnels at a Department of Energy facility located in Nevada or 
Alaska for tests or experiments related to an atomic weapon. 
114 STAT. 1654A-506 
PUBLIC LAW 106-398—APPENDIX 
(d) COVERED EMPLOYEE WITH CHRONIC SILICOSIS.—For pur-
poses of this title, the term "covered employee with chronic silicosis" 
means a Department of Energy employee, or a Department of 
Energy contractor employee, with chronic silicosis who was exposed 
to silica in the performance of duty as determined under subsection 
(c). 
(e) CHRONIC SILICOSIS.—For purposes of this title, the term 
"chronic silicosis" means a nonmalignant lung disease if— 
(1) the initial occupational exposure to silica dust preceded 
the onset of silicosis by at least 10 years; and 
(2) a written diagnosis of silicosis is made by a medical 
doctor and is accompanied by— 
(A) a chest radiograph, interpreted by an individual 
certified by the National Institute for Occupational Safety 
and Health as a B reader, classifying the existence of 
pneumoconioses of category 1/1 or higher; 
(B) results from a computer assisted tomograph or 
other imaging technique that are consistent with silicosis; 
or 
(C) lung biopsy findings consistent with silicosis. 
SEC. 3628. COMPENSATION AND BENEFITS TO BE PROVIDED. 
(a) COMPENSATION PROVIDED.—(1) Except as provided in para-
graph (2), a covered employee, or the survivor of that covered 
employee if the employee is deceased, shall receive compensation 
for the disability or death of that employee from that employee's 
occupational illness in the amount of $150,000. 
(2) A covered employee shall, to the extent that employee's 
occupational illness is established beryllium sensitivity, receive 
beryllium sensitivity monitoring under subsection (c) in lieu of 
compensation under paragraph (1). 
(b) MEDICAL BENEFITS.—A covered employee shall receive medi-
cal benefits under section 3629 for that employee's occupational 
illness. 
(c) BERYLLIUM SENSITIVITY MONITORING.—An individual receiv-
ing beryllium sensitivity monitoring under this subsection shall 
receive the following: 
(1) A thorough medical examination to confirm the nature 
and extent of the individual's established beryllium sensitivity. 
(2) Regular medical examinations thereafter to determine 
whether that individual has developed established chronic 
beryllium disease. 
(d) PAYMENT FROM COMPENSATION FUND.—^The compensation 
provided under this section, when authorized or approved by the 
President, shall be paid from the compensation fund established 
under section 3612. 
(e) SURVIVORS.—(1) Subject to the provisions of this section, 
if a covered employee dies before the effective date specified in 
subsection (f), whether or not the death is a result of that employ-
ee's occupational illness, a survivor of that employee may, on behalf 
of that survivor and any other survivors of that employee, receive 
the compensation provided for under this section. 
(2) The right to receive compensation under this section shall 
be afforded to survivors in the same order of precedence as that 
set forth in section 8109 of title 5, United States Code. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-507 
(f) EFFECTIVE DATE.—This section shall take effect on July 
31, 2001, unless Congress otherwise provides in an Act enacted 
before that date. 
SEC. 3629. MEDICAL BENEFITS. 
(a) MEDICAL BENEFITS PROVIDED.—The United States shall 
furnish, to an individual receiving medical benefits under this sec-
tion for an illness, the services, appliances, and supplies prescribed 
or recommended by a qualified physician for that illness, which 
the President considers likely to cure, give relief, or reduce the 
degree or the period of that illness. 
(b) PERSONS FURNISHING BENEFITS.—(1) These services, appU-
ances, and supplies shall be furnished by or on the order of United 
States medical officers and hospitals, or, at the individual's option, 
by or on the order of physicians and hospitals designated or 
approved by the President. 
(2) The individual may initially select a physician to provide 
medical services, appliances, and supplies under this section in 
accordance with such regulations and instructions as the President 
considers necessary. 
(c) TRANSPORTATION AND EXPENSES.—The individual may be 
furnished necessary and reasonable transportation and expenses 
incident to the securing of such services, appliances, and supplies. 
(d) COMMENCEMENT OF BENEFITS.—^An individual receiving 
benefits under this section shall be furnished those benefits as 
of the date on which that individual submitted the claim for those 
benefits in accordance with this title. 
(e) PAYMENT FROM COMPENSATION FUND.—The benefits pro-
vided under this section, when authorized or approved by the Presi-
dent, shall be paid from the compensation fund established under 
section 3612. 
(f) EFFECTIVE DATE.—This section shall take effect on July 
31, 2001, unless Congress otherwise provides in an Act enacted 
before that date. 
SEC. 3630. SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES. 
(a) COMPENSATION PROVIDED.—^An individual who receives, or 
has received, $100,000 under section 5 of the Radiation Exposure 
Compensation Act (42 U.S.C. 2210 note) for a claim made under 
that Act (hereafter in this section referred to as a "covered uranium 
employee"), or the survivor of that covered uranium employee if 
the employee is deceased, shall receive compensation under this 
section in the amount of $50,000. 
(b) MEDICAL BENEFITS.—A covered uranium employee shall 
receive medical benefits under section 3629 for the illness for which 
that employee received $100,000 under section 5 of that Act. 
(c) COORDINATION WITH RECA.—The compensation and bene-
fits provided in subsections (a) and (b) are separate from any 
compensation or benefits provided under that Act. 
(d) PAYMENT FROM COMPENSATION FUND.—The compensation 
provided under this section, when authorized or approved by the 
President, shall be paid from the compensation fund established 
under section 3612. 
(e) SURVIVORS.—(1) Subject to the provisions of this section, 
if a covered uranium employee dies before the effective date speci-
fied in subsection (g), whether or not the death is a result of 
the illness specified in subsection (b), a survivor of that employee 
114 STAT. 1654A-508 
PUBLIC LAW 106-398—APPENDIX 
may, on behalf of that survivor and any other survivors of that 
employee, receive the compensation provided for under this section. 
(2) The right to receive compensation under this section shall 
be afforded to survivors in the same order of precedence as that 
set forth in section 8109 of title 5, United States Code. 
(f) 
PROCEDURES E^EQUIRED.—The President shall establish 
procedures to identify and notify each covered uranium employee, 
or the survivor of that covered uranium employee if that employee 
is deceased, of the availability of compensation and benefits under 
this section. 
(g) EFFECTIVE DATE.—This section shall take effect on July 
31, 2001, unless Congress otherwise provides in an Act enacted 
before that date. 
SEC. 3631. ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS. 
(a) ASSISTANCE FOR CLAIMANTS.—The President shall, upon 
the receipt of a request for assistance from a claimant under the 
compensation program, provide assistance to the claimant in connec-
tion with the claim, including— 
(1) assistance in securing medical testing and diagnostic 
services necessary to establish the existence of a covered beryl-
lium illness, chronic silicosis, or cancer; and 
(2) such other assistance as may be required to develop 
facts pertinent to the claim. 
(b) 
ASSISTANCE FOR POTENTIAL CLAIMANTS.—The President 
shall take appropriate actions to inform and assist covered employ-
ees who are potential claimants under the compensation program, 
and other potential claimants under the compensation program, 
of the availability of compensation under the compensation program, 
including actions to— 
(1) ensure the ready availability, in paper and electronic 
format, of forms necessary for making claims; 
(2) provide such covered employees and other potential 
claimants with information and other support necessary for 
making claims, including— 
(A) medical protocols for medical testing and diagnosis 
to establish the existence of a covered beryllium illness, 
chronic silicosis, or cancer; and 
(B) lists of vendors approved for providing laboratory 
services related to such medical testing and diagnosis; and 
(3) provide such additional assistance to such covered 
employees and other potential claimants as may be required 
for the development of facts pertinent to a claim. 
(c) INFORMATION FROM BERYLLIUM VENDORS AND OTHER CON-
TRACTORS.—^As part of the assistance program provided under sub-
sections (a) and (b), and as permitted by law, the Secretary of 
Energy shall, upon the request of the President, require a beryllium 
vendor or other Department of Energy contractor or subcontractor 
to provide information relevant to a claim or potential claim under 
the compensation program to the President. 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-509 
Subtitle C—Treatment, Coordination, and 
Forfeiture of Compensation and Benefits 
SEC. 3641. OFFSET FOR CERTAIN PAYMENTS. 
A payment of compensation to an individual, or to a survivor 
of that individual, under subtitle B shall be offset by the amount 
of any payment made pursuant to a final award or settlement 
on a claim (other than a claim for worker's compensation), against 
any person, that is based on injuries incurred by that individual 
on account of the exposure of a covered beryllium employee, covered 
employee with cancer, covered employee with chronic silicosis (as 
defined in section 3627), or covered uranium employee (as defined 
in section 3630), while so employed, to beryllium, radiation, silica, 
or radiation, respectively. 
SEC. 3642. SUBROGATION OF THE UNITED STATES. 
Upon payment of compensation under subtitle B, the United 
States is subrogated for the amount of the payment to a right 
or claim that the individual to whom the payment was made may 
have against any person on account of injuries referred to in section 
3641. 
SEC. 3643. PAYMENT IN FULL SETTLEMENT OF CLAIMS. 
The acceptance by an individual of pa5mient of compensation 
under subtitle B with respect to a covered employee shall be in 
full satisfaction of all claims of or on behalf of that individual 
against the United States, against a Department of Energy contrac-
tor or subcontractor, beryllium vendor, or atomic weapons employer, 
or against any person with respect to that person's performance 
of a contract with the United States, that arise out of an exposure 
referred to in section 3641. 
SEC. 3644. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES 
AND AGAINST CONTRACTORS AND SUBCONTRACTORS. 
(a) IN GENERAL.—The liability of the United States or an 
instrumentality of the United States under this title with respect 
to a cancer (including a specified cancer), chronic silicosis, covered 
beryllium illness, or death related thereto of a covered employee 
is exclusive and instead of all other liability— 
(Dof— 
(A) the United States; 
(B) any instrumentality of the United States; 
(C) a contractor that contracted with the Department 
of Energy to provide management and operation, manage-
ment and integration, or environmental remediation of a 
Department of Energy facility (in its capacity as a contrac-
tor); 
(D) a subcontractor that provided services, including 
construction, at a Department of Energy facility (in its 
capacity as a subcontractor); and 
(E) an employee, agent, or assign of an entity specified 
in subparagraphs (A) through (D); 
(2)to— 
(A) the covered employee; 
(B) the covered employee's legal representative, spouse, 
dependents, survivors, and next of kin; and 
114 STAT. 1654A-510 
PUBLIC LAW 106-398—APPENDIX 
(C) any other person, including any third party as 
to whom the covered employee, or the covered employee's 
legal representative, spouse, dependents, survivors, or next 
of kin, has a cause of action relating to the cancer (including 
a specified cancer), chronic silicosis, covered beryllium ill-
ness, or death, otherwise entitled to recover damages from 
the United States, the instrumentality, the contractor, the 
subcontractor, or the employee, agent, or assign of one 
of them, 
because of the cancer (including a specified cancer), chronic silicosis, 
covered beryllium illness, or death in any proceeding or action 
including a direct judicial proceeding, a civil action, a proceeding 
in admiralty, or a proceeding under a tort liability statute or the 
common law. 
(b) APPLICABILITY.—This section applies to all cases filed on 
or after the date of the enactment of this Act. 
(c) WORKERS' COMPENSATION.—This section does not apply to 
an administrative or judicial proceeding under a Federal or State 
workers' compensation law. 
SEC. 3645. ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND 
ATOMIC WEAPONS EMPLOYEES. 
(a) ELECTION TO FILE SUIT.—If a tort case is filed after the 
date of the enactment of this Act, alleging a claim referred to 
in section 3643 against a beryllium vendor or atomic weapons 
employer, the plaintiff shall not be eligible for compensation or 
benefits under subtitle B unless the plaintiff files such case within 
the applicable time limits in subsection (b). 
(b) APPLICABLE TIME LIMITS.—^A case described in subsection 
(a) shall be filed not later than the later of— 
(1) the date that is 30 months after the date of the enact-
ment of this Act; or 
(2) the date that is 30 months after the date the plaintiff 
first becomes aware that an illness covered by subtitle B of 
a covered employee may be connected to the exposure of the 
covered employee in the performance of duty. 
(c) DISMISSAL OF CLAIMS.—Unless a case filed under subsection 
(a) is dismissed prior to the time limits in subsection (b), the 
plaintiff shall not be eligible for compensation under subtitle B. 
(d) DISMISSAL OF PENDING SUIT.—If a tort case was filed on 
or before the date of the enactment of this Act, alleging a claim 
referred to in section 3643 against a beryllium vendor or atomic 
weapons employer, the plaintiff shall not be eligible for compensa-
tion or benefits under subtitle B unless the plaintiff dismisses 
such case not later than December 31, 2003. 
(e) WORKERS' COMPENSATION.—This section does not apply to 
an administrative or judicial proceeding under a State or Federal 
workers' compensation law. 
SEC. 3646. CERTIFICATION OF TREATMENT OF PAYMENTS UNDER 
OTHER LAWS. 
Compensation or benefits provided to an individual under sub-
title B— 
(1) shall be treated for purposes of the internal revenue 
laws of the United States as damages for human suffering; 
and 
(2) shall not be included as income or resources for purposes 
of determining eligibility to receive benefits described in section 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-511 
3803(c)(2)(C) of title 31, United States Code, or the amount 
of such benefits. 
SEC. 3647. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF 
REMEDIES. 
(a) CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.—No claim cog-
nizable under subtitle B shall be assignable or transferable. 
(b) CHOICE OF REMEDIES.—No individual may receive more 
than one payment of compensation under subtitle B. 
SEC. 3648. ATTORNEY FEES. 
» 
(a) GENERAL RULE.—Notwithstanding any contract, the rep-
resentative of an individual may not receive, for services rendered 
in connection with the claim of an individual under subtitle B, 
more than that percentage specified in subsection (b) of a payment 
made under subtitle B on such claim. 
(b) APPLICABLE PERCENTAGE LIMITATIONS.—The percentage 
referred to in subsection (a) is— 
(1) 2 percent for the filing of an initial claim; and 
(2) 10 percent with respect to any claim with respect to 
which a representative has made a contract for services before 
the date of the enactment of this Act. 
(c) PENALTY.—^Any such representative who violates this section 
shall be fined not more than $5,000. 
SEC. 3649. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES. 
A payment under subtitle B shall not be considered as any 
form of compensation or reimbursement for a loss for purposes 
of imposing liability on any individual receiving such payment, 
on the basis of such receipt, to repay any insurance carrier for 
insurance payments, or to repay any person on account of worker's 
compensation payments; and a payment under subtitle B shall 
not affect any claim against an insurance carrier with respect 
to insurance or against any person with respect to worker's com-
pensation. 
SEC. 3650. FORFEITURE OF BENEFITS BY CONVICTED FELONS. 
(a) FORFEITURE OF COMPENSATION.—^Any individual convicted 
of a violation of section 1920 of title 18, United States Code, or 
£my other Federal or State criminal statute relating to fraud in 
the application for or receipt of any benefit under subtitle B or 
under any other Federal or State workers' compensation law, shall 
forfeit (as of the date of such conviction) any entitlement to any 
compensation or benefit under subtitle B such individual would 
otherwise be awarded for any injury, illness or death covered by 
subtitle B for which the time of injury was on or before the date 
of the conviction. 
(b) INFORMATION.—Notwithstanding section 552a of title 5, 
United States Code, or any other Federal or State law, an agency 
of the United States, a State, or a political subdivision of a State 
shall make available to the President, upon written request from 
the President and if the President requires the information to 
carry out this section, the names and Social Security account num-
bers of individuals confined, for conviction of a felony, in a jail, 
prison, or other penal institution or correctional facility under the 
jurisdiction of that agency. 
114 STAT. 1654A-512 
PUBLIC LAW 106-398—APPENDIX 
SEC. 3651. COORDINATION WITH OTHER FEDERAL RADIATION COM-
PENSATION LAWS. 
Except in accordance with section 3630, an individual may 
not receive compensation or benefits under the compensation pro-
gram for cancer and also receive compensation under the Radiation 
Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) 
of title 38, United States Code. 
Subtitle D—^Assistance in State Workers' 
Compensation Proceedings 
SEC. 3661. AGREEMENTS WITH STATES. 
(a) AGREEMENTS AUTHORIZED.—The Secretary of Energy (here-
after in this section referred to as the "Secretary") may enter 
into agreements with the chief executive officer of a State to provide 
assistance to a Department of Energy contractor employee in filing 
a claim under the appropriate State workers' compensation system. 
(b) PROCEDURE.—Pursuant to agreements under subsection (a), 
the Secretary may— 
(1) establish procedures under which an individual may 
submit an application for review and assistance under this 
section; and 
(2) review an application submitted under this section and 
determine whether the applicant submitted reasonable evidence 
that— 
(A) the application was filed by or on behalf of a 
Department of Energy contractor employee or employee's 
estate; and 
(B) the illness or death of the Department of Energy 
contractor employee may have been related to emplo5anent 
at a Department of Energy facility. 
(c) SUBMITTAL OF APPLICATIONS TO PANELS.—If provided in 
an agreement under subsection (a), and if the Secretary determines 
that the applicant submitted reasonable evidence under subsection 
(b)(2), the Secretary shall submit the application to a physicians 
panel established under subsection (d). The Secretary shall assist 
the employee in obtaining additional evidence within the control 
of the Department of Energy aind relevant to the panel's delibera-
tions. 
(d) COMPOSITION AND OPERATION OF PANELS.—(1) The Secretary 
shall inform the Secretary of Health and Human Services of the 
number of physicians panels the Secretary has determined to be 
appropriate to administer this section, the number of physicians 
needed for each panel, and the area of jurisdiction of each panel. 
The Secretary may determine to have only one panel. 
(2)(A) The Secretary of Health and Human Services shall 
appoint panel members with experience and competency in diagnos-
ing occupational illnesses under section 3109 of title 5, United 
States Code. 
(B) Each member of a panel shall be paid at the rate of 
pay payable for level III of the Executive Schedule for each day 
(including travel time) the member is engaged in the work of 
a panel. 
(3) A panel shall review an application submitted to it by 
the Secretary and determine, under guidelines established by the 
PUBLIC LAW 106-398—APPENDIX 
114 STAT. 1654A-513 
Secretary, by regulation, whether the illness or death that is the 
subject of the application arose out of and in the course of employ-
ment by the Department of Energy and exposure to a toxic sub-
stance at a Department of Energy facility. 
(4) At the request of a panel, the Secretary and a contractor 
who employed a Department of Energy contractor employee shall 
provide additional information relevant to the panel's deliberations. 
A panel may consult specialists in relevant fields as it determines 
necessary. 
(5) Once a panel has made a determination under paragraph 
(3), it shall report to the Secretary its determination and the basis 
for the determination. 
(6) A panel established under this subsection shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.). 
(e) ASSISTANCE.—If provided in an agreement under subsection 
(a)— 
(1) the Secretary shall review a panel's determination made 
under subsection (d), information the panel considered in reach- • 
ing its determination, any relevant new information not reason-
ably available at the time of the panel's deliberations, and 
the basis for the panel's determination; 
(2) as a result of the review under paragraph (1), the 
Secretary shall accept the panel's determination in the absence 
of significant evidence to the contrary; and 
(3) if the panel has made a positive determination under 
subsection (d) and the Secretary accepts the determination 
under paragraph (2), or the panel has made a negative deter-
mination under subsection (d) and the Secretary finds signifi-
cant evidence to the contrary— 
/ 
(A) the Secretary shall assist the applicant to file a 
claim under the appropriate State workers' compensation 
system based on the health condition that was the subject 
of the determination; 
(B) the Secretary thereafter— 
(i) may not contest such claim; 
(ii) may not contest an award made regarding 
such claim; and 
(iii) may, to the extent permitted by law, direct 
the Department of Energy contractor who employed 
the applicant not to contest such claim or such award, 
unless the Secretary finds significant new evidence to jus-
tify such contest; and 
(C) any costs of contesting a claim or an award regard-
ing the claim incurred by the contractor who employed 
the Department of Energy contractor employee who is the 
subject of the claim shall not be an allowable cost under 
a Department of Energy contract. 
(f) INFORMATION.—^At the request of the Secretary, a contractor 
who employed a Department of Energy contractor employee shall 
make available to the Secretary and the employee information 
relevant to deliberations under this section. 
(g) GAG REPORT.—Not later than February 1, 2002, the 
Comptroller General shall submit to Congress a report on the 
implementation by the Department of Energy of the provisions 
of this section and of the effectiveness of the program under this 
section in assisting Department of Energy contractor employees 
in obtaining compensation for occupational illness. 
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