Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001Enacted into law by Public Law 106–398, approved Oct. 30, 2000, as amended
119–60
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Energy Employees Occupational Illness Compensation Program Act of 2000
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
Floyd D. Spence National Defense Authorization Act of 2001
National Defense Authorization Act for Fiscal Year 2001
Impact Aid Reauthorization Act of 2000
Military Construction Authorization Act for Fiscal Year 2001
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2000-10-30
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 Enacted into law by Public Law 106–398, approved Oct. 30, 2000, as amended
[(Enacted into law by Public Law 106–398, approved Oct. 30, 2000), as amended]
[As Amended Through P.L. 119–60, Enacted December 18, 2025]
[Currency: This publication is a compilation of the text of Public Law 106–398. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
* * * * * * *
TITLE II—

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
* * * * * * *
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 vulnerable to the North Korean long-range ballistic missile threat.
(2)
The technical and programmatic viability of testing any other missile defense systems against targets with flight characteristics similar to the North Korean long-range missile threat, and plans to do so if such tests are considered to be a viable alternative.
(c)

Definition.—
For purposes of this section, the term “United States”, when used in a geographic sense, means the 50 States, the District of Columbia, and any Commonwealth, territory, or possession of the United States.
SEC. 233.

PLAN TO MODIFY BALLISTIC MISSILE DEFENSE ARCHITECTURE.
(a)

Plan.—
The Director of the Ballistic Missile Defense Organization shall develop a plan to adapt ballistic missile defense systems and architectures to counter potential threats to the United States, United States forces deployed outside the United States, and 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 Infrared System (SBIRS) High, Navy theater missile defense assets, upgrades of land-based theater missile defenses, the airborne laser, and other assets available in the European theater; and
(2)
a schedule for ground and flight testing against the identified threats.
(c)

Report.—
The Secretary of Defense shall assess the plan and, not later than February 15, 2001, shall submit to the congressional defense committees a report on the results of the assessment.
SEC. 234.

MANAGEMENT OF AIRBORNE LASER PROGRAM.
(a)

Oversight of Funding, Schedule, and Technical 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 September 30, 2003, the first test of the airborne laser that is intended to destroy a ballistic missile in flight;
(2)
makes any change to the funding plan for that program in the future-years defense program that would delay the initial operational capability of the airborne laser; and
(3)
makes any change to the technical requirements of the airborne laser that would significantly reduce its ballistic missile defense capabilities.
(b)

Report.—
Not later than February 15, 2001, the Director of the Ballistic Missile Defense Organization shall submit to the congressional defense committees a report, to be prepared in coordination with the Secretary of the Air Force, on the role of the airborne laser in the family of systems missile defense architecture developed by the Director of the Ballistic Missile Defense Organization and the Director of the Joint Theater Air and Missile Defense Organization. The report shall be submitted in unclassified and, if necessary, classified form. The report shall include the following:
(1)
An assessment by the Secretary of the Air Force and the Director of the Ballistic Missile Defense Organization of the funding plan for that program required to achieve the schedule identified in paragraphs (1) and (2) of subsection (a).
(2)
Potential future airborne laser roles in that architecture.
(3)
An assessment of the effect of deployment of the airborne laser on requirements for theater ballistic missile defense systems.
(4)
An assessment of the cost effectiveness of the airborne laser compared to other ballistic missile defense systems.
(5)
An assessment of the relative significance of the airborne laser in the family of systems missile defense architecture.
Subtitle D—

High Energy Laser Programs
SEC. 241.

FUNDING.
(a)

Funding for Fiscal Year 2001.—
(1)
Of the amount authorized to be appropriated by section 201(4), $30,000,000 is authorized for high energy laser development.
(2)
Funds available under this subsection are available to supplement the high energy laser programs of the military departments and Defense Agencies, as determined by the official designated under section 243.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
the Department of Defense should establish funding for high energy laser programs within the science and technology programs of each of the military departments and the Ballistic Missile Defense Organization; and
(2)
the Secretary of Defense should establish a goal that basic, applied, and advanced research in high energy laser technology should constitute at least 4.5 percent of the total science and technology budget of the Department of Defense by fiscal year 2004.
SEC. 242.

IMPLEMENTATION OF HIGH ENERGY LASER MASTER PLAN.
The Secretary of Defense shall implement the management and organizational structure specified in the Department of Defense High Energy Laser Master Plan of March 24, 2000.
SEC. 243.

DESIGNATION OF SENIOR OFFICIAL FOR HIGH ENERGY LASER PROGRAMS.
(a)

Designation.—
The Secretary of Defense shall designate a single senior civilian official in the Office of the Secretary of Defense (in this subtitle referred to as the “designated official”) to chair the High Energy Laser Technology Council called for in the master plan referred to in section 242 and to carry out responsibilities for the programs for which funds are provided under this subtitle. The designated official shall report directly to the Under Secretary of Defense for Acquisition, Technology, and Logistics for matters concerning the responsibilities specified in subsection (b).
(b)

Responsibilities.—
The primary responsibilities of the designated official shall include the following:
(1)
Establishment of priorities for the high energy laser programs of the military departments and the Defense Agencies.
(2)
Coordination of high energy laser programs among the military departments and the Defense Agencies.
(3)
Identification of promising high energy laser technologies for which funding should be a high priority for the Department of Defense and establishment of priority for funding among those technologies.
(4)
Preparation, in coordination with the Secretaries of the military departments and the Directors of the Defense Agencies, of a detailed technology plan to develop and mature high energy laser technologies.
(5)
Planning and programming appropriate to rapid evolution of high energy laser technology.
(6)
Ensuring that high energy laser programs of each military department and the Defense Agencies are initiated and managed effectively and are complementary with programs managed by the other military departments and Defense Agencies and by the Office of the Secretary of Defense.
(7)
Ensuring that the high energy laser programs of the military departments and the Defense Agencies comply with the requirements specified in subsection (c).
(c)

Coordination and Funding Balance.—
In carrying out the responsibilities specified in subsection (b), the designated official shall ensure that—
(1)
high energy laser programs of each military department and of the Defense Agencies are consistent with the priorities identified in the designated official's planning and programming activities;
(2)
funding provided by the Office of the Secretary of Defense for high energy laser research and development complements high energy laser programs for which funds are provided by the military departments and the Defense Agencies;
(3)
programs, projects, and activities to be carried out by the recipients of such funds are selected on the basis of appropriate competitive procedures or Department of Defense peer review process;
(4)
beginning with fiscal year 2002, funding from the Office of the Secretary of Defense in applied research and advanced technology development program elements is not applied to technology efforts in support of high energy laser programs that are not funded by a military department or the Defense Agencies; and
(5)
funding from the Office of the Secretary of Defense to complement an applied research or advanced technology development high energy laser program for which funds are provided by one of the military departments or the Defense Agencies do not exceed the amount provided by the military department or the Defense Agencies for that program.
SEC. 244.

SITE FOR JOINT TECHNOLOGY OFFICE.
(a)

Deadline for Selection of Site.—
The Secretary of Defense shall locate the Joint Technology Office called for in the High Energy Laser Master Plan referred to in section 242 at a location determined appropriate by the Secretary not later than 30 days after the date of the enactment of this Act.
(b)

Consideration of Site.—
In determining the location of the Joint Technology Office, the Secretary shall, in consultation with the Deputy Under Secretary of Defense for Science and Technology, assess—
(1)
cost;
(2)
accessibility between the Office and the Armed Forces and senior Department of Defense leaders; and
(3)
the advantages and disadvantages of locating the Office at a site at which occurs a substantial proportion of the directed energy research, development, test, and evaluation activities of the Department of Defense.
SEC. 245.

HIGH ENERGY LASER INFRASTRUCTURE IMPROVEMENTS.
(a)

Enhancement of Industrial Base.—
The Secretary of Defense shall consider, evaluate, and undertake to the extent appropriate initiatives, including investment initiatives, to enhance the industrial base to support military applications of high energy laser technologies and systems.
(b)

Enhancement of Test and Evaluation Capabilities.—
The Secretary of Defense shall consider modernizing the High Energy Laser Test Facility at White Sands Missile Range, New Mexico, in order to enhance the test and evaluation capabilities of the Department of Defense with respect to high energy laser weapons.
SEC. 246.

COOPERATIVE PROGRAMS AND ACTIVITIES.
(a)

Memorandum of Agreement With NNSA.—
(1)
The Secretary of Defense and the Administrator for Nuclear Security of the Department of Energy shall enter into a memorandum of agreement to conduct joint research and development on military applications of high energy lasers.
(2)
The projects pursued under the memorandum of agreement—
(A)
shall be of mutual benefit to the national security programs of the Department of Defense and the National Nuclear Security Administration of the Department of Energy;
(B)
shall be prioritized jointly by officials designated to do so by the Secretary of Defense and the Administrator; and
(C)
shall be consistent with the technology plan prepared pursuant to section 243(b)(4) and the requirements identified in section 243(c).
(3)
The costs of each project pursued under the memorandum of agreement shall be shared equally by the Department of Defense and the National Nuclear Security Administration.
(4)
The memorandum of agreement shall provide for appropriate peer review of projects pursued under the memorandum of agreement.
(b)

Evaluation of Other Cooperative Programs and Activities.—
The Secretary of Defense shall evaluate the feasibility and advisability of entering into cooperative programs or activities with other Federal agencies, institutions of higher education, and the private sector for the purpose of enhancing the programs, projects, and activities of the Department of Defense relating to high energy laser technologies, systems, and weapons.
SEC. 247.

TECHNOLOGY PLAN.
The designated official shall submit to the congressional defense committees by February 15, 2001, the technology plan prepared pursuant to section 243(b)(4). The report shall be submitted in unclassified and, if necessary, classified form.
SEC. 248.

ANNUAL REPORT.
Not later than February 15 of 2001, 2002, and 2003, the Secretary of Defense shall submit to the congressional defense committees a report on the high energy laser programs of the Department of Defense. Each report shall include an assessment of the following:
(1)
The adequacy of the management structure of the Department of Defense for the high energy laser programs.
(2)
The funding available for the high energy laser programs.
(3)
The technical progress achieved for the high energy laser programs.
(4)
The extent to which goals and objectives of the high energy laser technology plan have been met.
SEC. 249.

DEFINITION.
For purposes of this subtitle, the term “high energy laser” means a laser that has average power in excess of one kilowatt and that has potential weapons applications.
SEC. 250.

REVIEW OF DEFENSE-WIDE DIRECTED ENERGY PROGRAMS.
(a)

Evaluation.—
The Secretary of Defense, in consultation with the Deputy Under Secretary of Defense for Science and Technology, shall evaluate expansion of the High Energy Laser management structure specified in section 242 for possible inclusion in that management structure of science and technology programs in related areas, including the following:
(1)
High power microwave technologies.
(2)
Low energy and nonlethal laser technologies.
(3)
Other directed energy technologies.
(b)

Consideration of Prior Study.—
The evaluation under subsection (a) shall take into consideration the July 1999 Department of Defense study on streamlining and coordinating science and technology and research, development, test, and evaluation within the Department of Defense.
(c)

Report.—
The Secretary of Defense shall submit to the congressional defense committees a report on the findings of the evaluation under subsection (a). The report shall be submitted not later than March 15, 2001.
TITLE III—

OPERATION AND MAINTENANCE
* * * * * * *
SEC. 343.
[10 U.S.C. 4551 note]

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 through 2012 at each manufacturing arsenal of the Department of the Army.
(b)

Purposes of Demonstration Program.—
The purposes of the demonstration program are as follows:
(1)
To provide for the utilization of the existing skilled workforce at the Army manufacturing arsenals by commercial firms.
(2)
To provide for the reemployment and retraining of skilled workers who, as a result of declining workload and reduced Army spending on arsenal production requirements at these Army arsenals, are idled or underemployed.
(3)
To encourage commercial firms, to the maximum extent practicable, to use these Army arsenals for commercial purposes.
(4)
To increase the opportunities for small businesses (including socially and economically disadvantaged small business concerns and new small businesses) to use these Army arsenals for those purposes.
(5)
To maintain in the United States a work force having the skills in manufacturing processes that are necessary to meet industrial emergency planned requirements for national security purposes.
(6)
To demonstrate innovative business practices, to support Department of Defense acquisition reform, and to serve as both a model and a laboratory for future defense conversion initiatives of the Department of Defense.
(7)
To the maximum extent practicable, to allow the operation of these Army arsenals to be rapidly responsive to the forces of free market competition.
(8)
To reduce or eliminate the cost of Government ownership of these Army arsenals, including the costs of operations and maintenance, the costs of environmental remediation, and other costs.
(9)
To reduce the cost of products of the Department of Defense produced at these Army arsenals.
(10)
To leverage private investment at these Army arsenals through long-term facility use contracts, property management contracts, leases, or other agreements that support and advance the demonstration program for the following activities:
(A)
Recapitalization of plant and equipment.
(B)
Environmental remediation.
(C)
Promotion of commercial business ventures.
(D)
Other activities approved by the Secretary of the Army.
(11)
To foster cooperation between the Department of the Army, property managers, commercial interests, and State and local agencies in the implementation of sustainable development strategies and investment in these Army arsenals.
(c)

Contract Authority.—
(1)
In the case of each Army manufacturing arsenal, the Secretary of the Army may enter into contracts with commercial firms to authorize the contractors, consistent with section 4543 of title 10, United States Code—
(A)
to use the arsenal, or a portion of the arsenal, and the skilled workforce at the arsenal to manufacture weapons, weapon components, or related products consistent with the purposes of the program; and
(B)
to enter into subcontracts for the commercial use of the arsenal consistent with such purposes.
(2)
A contract under paragraph (1) shall require the contractor to contribute toward the operation and maintenance of the Army manufacturing arsenal covered by the contract.
(3)
In the event an Army manufacturing arsenal is converted to contractor operation, the Secretary may enter into a contract with the contractor to authorize the contractor, consistent with section 4543 of title 10, United States Code—
(A)
to use the facility during the period of the program in a manner consistent with the purposes of the program; and
(B)
to enter into subcontracts for the commercial use of the facility consistent with such purposes.
(d)

Loan Guarantees.—
(1)
Subject to paragraph (2), the Secretary of the Army may guarantee the repayment of any loan made to a commercial firm to fund, in whole or in part, the establishment of a commercial activity at an Army manufacturing arsenal under this section.
(2)
Loan guarantees under this subsection may not be committed except to the extent that appropriations of budget authority to cover their costs are made in advance, as required by section 504 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
(3)
The Secretary of the Army may enter into agreements with the Administrator of the Small Business Administration or the Administrator of the Farmers Home Administration, the Administrator of the Rural Development Administration, or the head of other appropriate agencies of the Department of Agriculture, under which such Administrators may, under this subsection—
(A)
process applications for loan guarantees;
(B)
guarantee repayment of loans; and
(C)
provide any other services to the Secretary of the Army to administer this subsection.
(4)
An Administrator referred to in paragraph (3) may guarantee loans under this section to commercial firms of any size, notwithstanding any limitations on the size of applicants imposed on other loan guarantee programs that the Administrator administers. To the extent practicable, each Administrator shall use the same procedures for processing loan guarantee applications under this subsection as the Administrator uses for processing loan guarantee applications under other loan guarantee programs that the Administrator administers.
(e)

Loan Limits.—
The maximum amount of loan principal guaranteed during a fiscal year under subsection (d) may not exceed—
(1)
$20,000,000, with respect to any single borrower; and
(2)
$320,000,000 with respect to all borrowers.
(f)

Transfer of Funds.—
The Secretary of the Army may transfer to an Administrator providing services under subsection (d), and the Administrator may accept, such funds as may be necessary to administer loan guarantees under such subsection.
subtitle F—

Defense Dependents Education
* * * * * * *
SEC. 363.
[20 U.S.C. 7703a]

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) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1) that serves two or more such children with severe disabilities, for costs incurred in providing a free appropriate public education to each such child.
(b)

Payment Amount.—
The amount of the payment under subsection (a) to a local educational agency for a fiscal year for each child referred to in such subsection with a severe disability shall be—
(1)
the payment made on behalf of the child with a severe disability that is in excess of the average per pupil expenditure in the State in which the local educational agency is located; less
(2)
the sum of the funds received by the local educational agency—
(A)
from the State in which the child resides to defray the educational and related services for such child;
(B)
under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to defray the educational and related services for such child; and
(C)
from any other source to defray the costs of providing educational and related services to the child which are received due to the presence of a severe disabling condition of such child.
(c)

Exclusions.—
No payment shall be made under subsection (a) on behalf of a child with a severe disability whose individual cost of educational and related services does not exceed—
(1)
five times the national or State average per pupil expenditure (whichever is lower), for a child who is provided educational and related services under a program that is located outside the boundaries of the school district of the local educational agency that pays for the free appropriate public education of the student; or
(2)
three times the State average per pupil expenditure, for a child who is provided educational and related services under a program offered by the local educational agency, or within the boundaries of the school district served by the local educational agency.
(d)

Ratable reduction.—
If the amount available for a fiscal year for payments under subsection (a) is insufficient to pay the full amount all local educational agencies are eligible to receive under such subsection, the Secretary of Defense shall ratably reduce the amounts of the payments made under such subsection to all local educational agencies by an equal percentage.
(e)

Report.—
Each local educational agency desiring a payment under subsection (a) shall report to the Secretary of Defense—
(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 7013 of the Elementary and Secondary Education Act of 1965.
SEC. 364.

ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a)

Repair and Renovation Assistance.—
(1)
During fiscal year 2001, the Secretary of Defense may make a grant to an eligible local educational agency to assist the agency to repair and renovate—
(A)
an impacted school facility that is used by significant numbers of military dependent students; or
(B)
a school facility that was a former Department of Defense domestic dependent elementary or secondary school.
(2)
Authorized repair and renovation projects may include repairs and improvements to an impacted school facility (including the grounds of the facility) designed to ensure compliance with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or local health and safety ordinances, to meet classroom size requirements, or to accommodate school population increases.
(3)
The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed $2,500,000 during fiscal year 2001.
(b)

Maintenance Assistance.—
(1)
During fiscal year 2001, the Secretary of Defense may make a grant to an eligible local educational agency whose boundaries are the same as a military installation to assist the agency to maintain an impacted school facility, including the grounds of such a facility.
(2)
The total amount of assistance provided under this subsection to an eligible local educational agency may not exceed $250,000 during fiscal year 2001.
(c)

Determination of Eligible Local Educational Agencies.—
(1)
A local educational agency is an eligible local educational agency under this section only if the Secretary of Defense determines that the local educational agency has—
(A)
one or more federally impacted school facilities; and
(B)
satisfies at least one of the following eligibility requirements:
(i)
The local educational agency is eligible to receive assistance under subsection (f) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) and at least 10 percent of the students who were in average daily attendance in the schools of such agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965.
(ii)
At least 35 percent of the students who were in average daily attendance in the schools of the local educational agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965.
(iii)
The State education system and the local educational agency are one and the same.
(2)
A local educational agency is also an eligible local educational agency under this section if the local educational agency has a school facility that was a former Department of Defense domestic dependent elementary or secondary school, but assistance provided under subsection (a) may only be used to repair and renovate that specific facility.
(d)

Notification of Eligibility.—
Not later than April 30, 2001, the Secretary of Defense shall notify each local educational agency identified under subsection (c) that the local educational agency is eligible to apply for a grant under subsection (a), subsection (b), or both subsections.
(e)

Relation to Impact Aid Construction Assistance.—
A local education agency that receives a grant under subsection (a) to repair and renovate a school facility may not also receive a payment for school construction under section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) for fiscal year 2001.
(f)

Grant Considerations.—
In determining which eligible local educational agencies will receive a grant under this section, the Secretary of Defense shall take into consideration the following conditions and needs at impacted school facilities of eligible local educational agencies:
(1)
The repair or renovation of facilities is needed to meet State mandated class size requirements, including student-teacher ratios and instructional space size requirements.
(2)
There is an increase in the number of military dependent students in facilities of the agency due to increases in unit strength as part of military readiness.
(3)
There are unhoused students on a military installation due to other strength adjustments at military installations.
(4)
The repair or renovation of facilities is needed to address any of the following conditions:
(A)
The condition of the facility poses a threat to the safety and well-being of students.
(B)
The requirements of the Americans with Disabilities Act of 1990.
(C)
The cost associated with asbestos removal, energy conservation, or technology upgrades.
(D)
Overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment.
(5)
The repair or renovation of facilities is needed to meet any other Federal or State mandate.
(6)
The number of military dependent students as a percentage of the total student population in the particular school facility.
(7)
The age of facility to be repaired or renovated.
(g)

Definitions.—
In this section:
(1)

Local educational agency.—
The term “local educational agency” has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(2)

Impacted school facility.—
The term “impacted school facility” means a facility of a local educational agency—
(A)
that is used to provide elementary or secondary education at or near a military installation; and
(B)
at which the average annual enrollment of military dependent students is a high percentage of the total student enrollment at the facility, as determined by the Secretary of Defense.
(3)

Military dependent students.—
The term “military dependent students” means students who are dependents of members of the armed forces or Department of Defense civilian employees.
(4)

Military installation.—
The term “military installation” has the meaning given that term in section 2687(e) of title 10, United States Code.
(h)

Funding Source.—
The amount authorized to be appropriated under section 301(25) for Quality of Life Enhancements, Defense-Wide, shall be available to the Secretary of Defense to make grants under this section.
SEC. 561.
[10 U.S.C. 503 note]

ARMY RECRUITING PILOT PROGRAMS.
(a)

Requirement for Programs.—
The Secretary of the Army shall carry out pilot programs to test various recruiting approaches under this section for the following purposes:
(1)
To assess the effectiveness of the recruiting approaches for creating enhanced opportunities for recruiters to make direct, personal contact with potential recruits.
(2)
To improve the overall effectiveness and efficiency of Army recruiting activities.
(b)

Outreach Through Motor Sports.—
(1)
One of the pilot programs shall be a pilot program of public outreach that associates the Army with motor sports competitions to achieve the objectives set forth in paragraph (2).
(2)
The events and activities undertaken under the pilot program shall be designed to provide opportunities for Army recruiters to make direct, personal contact with high school students to achieve the following objectives:
(A)
To increase enlistments by students graduating from high school.
(B)
To reduce attrition in the Delayed Entry Program of the Army by sustaining the personal commitment of students who have elected delayed entry into the Army under the program.
(3)
Under the pilot program, the Secretary of the Army shall provide for the following:
(A)
For Army recruiters or other Army personnel—
(i)
to organize Army sponsored career day events in association with national motor sports competitions; and
(ii)
to arrange for or encourage attendance at the competitions by high school students, teachers, guidance counselors, and administrators of high schools located near the competitions.
(B)
For Army recruiters and other soldiers to attend national motor sports competitions—
(i)
to display exhibits depicting the contemporary Army and career opportunities in the Army; and
(ii)
to discuss those opportunities with potential recruits.
(C)
For the Army to sponsor a motor sports racing team as part of an integrated program of recruitment and publicity for the Army.
(D)
For the Army to sponsor motor sports competitions for high school students at which recruiters meet with potential recruits.
(E)
For Army recruiters or other Army personnel to compile in an Internet accessible database the names, addresses, telephone numbers, and electronic mail addresses of persons who are identified as potential recruits through activities under the pilot program.
(F)
Any other activities associated with motor sports competition that the Secretary determines appropriate for Army recruitment purposes.
(c)

Outreach at Vocational Schools and Community Colleges.—
(1)
One of the pilot programs shall be a pilot program under which Army recruiters are assigned, as their primary responsibility, at postsecondary vocational institutions and community colleges for the purpose of recruiting students graduating from those institutions and colleges, recent graduates of those institutions and colleges, and students withdrawing from enrollments in those institutions and colleges.
(2)
The Secretary of the Army shall select the institutions and colleges to be invited to participate in the pilot program.
(3)
The conduct of the pilot program at an institution or college shall be subject to an agreement which the Secretary shall enter into with the governing body or authorized official of the institution or college, as the case may be.
(4)
Under the pilot program, the Secretary shall provide for the following:
(A)
For Army recruiters to be placed in postsecondary vocational institutions and community colleges to serve as a resource for guidance counselors and to recruit for the Army.
(B)
For Army recruiters to recruit from among students and graduates described in paragraph (1).
(C)
For the use of telemarketing, direct mail, interactive voice response systems, and Internet website capabilities to assist the recruiters in the postsecondary vocational institutions and community colleges.
(D)
For any other activities that the Secretary determines appropriate for recruitment activities in postsecondary vocational institutions and community colleges.
(5)
In this subsection, the term “postsecondary vocational institution” has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
(d)

Contract Recruiting Initiatives.—
(1)
One of the pilot programs shall be a program that expands in accordance with this subsection the scope of the Army's contract recruiting initiatives that are ongoing as of the date of the enactment of this Act. Under the pilot program, the Secretary of the Army shall select at least 10 recruiting companies to apply the initiatives in efforts to recruit personnel for the Army.
(2)
Under the pilot program, the Secretary shall provide for the following:
(A)
For replacement of the Regular Army and Army Reserve recruiters by contract recruiters in the 10 recruiting companies selected under paragraph (1).
(B)
For operation of the 10 companies under the same rules 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 and Army Reserve soldiers in the 10 companies upon termination of the pilot program.
(E)
For any other uses of contractor personnel for Army recruiting activities that the Secretary determines appropriate.
(e)

Duration of Pilot Programs.—
The pilot programs required by this section shall be carried out during the period beginning on October 1, 2000, and, subject to subsection (f), ending on September 30, 2007.
(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, 2008, 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. 564.
[10 U.S.C. 503 note]

PILOT PROGRAM TO ENHANCE MILITARY RECRUITING BY IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS.
(a)

In General.—
The Secretary of Defense shall conduct a pilot program to determine if cooperation with military recruiters by local educational agencies and by institutions of higher education could be enhanced by improving the understanding of school counselors and educators about military recruiting and military career opportunities. The pilot program shall be conducted during a three-year period beginning not later than 180 days after the date of the enactment of this Act.
(b)

Conduct of Pilot Program Through Participation in Interactive Internet Site.—
(1)
The pilot program shall be conducted by means of participation by the Department of Defense in a qualifying interactive Internet site.
(2)
For purposes of this section, a qualifying interactive Internet site is an Internet site in existence as of the date of the enactment of this Act that is designed to provide to employees of local educational agencies and institutions of higher education participating in the Internet site—
(A)
systems for communicating;
(B)
resources for individual professional development;
(C)
resources to enhance individual on-the-job effectiveness; and
(D)
resources to improve organizational effectiveness.
(3)
Participation in an Internet site by the Department of Defense for purposes of this section shall include—
(A)
funding;
(B)
assistance; and
(C)
access by other Internet site participants to Department of Defense aptitude testing programs, career development information, and other resources, in addition to information on military recruiting and career opportunities.
(c)

Report.—
[Repealed. P.L. 109–364, §1046, Oct. 17, 2006.]
DIVISION A—

DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE VII—

HEALTH CARE PROVISIONS
* * * * * * *
SEC. 702.
[10 U.S.C. 1092 note]

CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.1
^1
Section 711 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1530; 10 U.S.C. 1092 note) provides as follows:
SEC. 711. ACCELERATION OF IMPLEMENTATION OF CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE DUTY.
The Secretary of Defense shall accelerate the implementation of the plan required by section 702 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A–173) (relating to chiropractic health care services and benefits), with a goal of completing implementation of the plan by October 1, 2005.
(a)

Plan Required.—
(1)
Not later than March 31, 2001, the Secretary of Defense shall complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the Defense Health Program (including the TRICARE program), for all members of the uniformed services who are entitled to care under section 1074(a) of title 10, United States Code.
(2)
The plan shall provide for the following:
(A)
Access, at designated military medical treatment facilities, to the scope of chiropractic services as determined by the Secretary, which includes, at a minimum, care for neuro-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 treatment facilities at which such services would be provided.
(D)
An examination of the military readiness requirements for chiropractors who would provide such services.
(E)
An examination of any other relevant factors that the Secretary considers appropriate.
(F)
Phased-in implementation of the plan over a 5-year period, beginning on October 1, 2001.
(b)

Consultation Requirements.—
The Secretary of Defense shall consult with the other administering Secretaries described in section 1073 of title 10, United States Code, and the oversight advisory committee established under section 731 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 1092 note) regarding the following:
(1)
The development and implementation of the plan required under subsection (a).
(2)
Each report that the Secretary is required to submit to Congress regarding the plan.
(3)
The selection of the military medical treatment facilities at which the chiropractic services described in subsection (a)(2)(A) are to be provided.
(c)

Continuation of Current Services.—
Until the plan required under subsection (a) is implemented, the Secretary shall continue to furnish the same level of chiropractic health care services and benefits under the Defense Health Program that is provided during fiscal year 2000 at military medical treatment facilities that provide such services and benefits.
(d)

Report Required.—
Not later than January 31, 2001, the Secretary of Defense shall submit a report on the plan required under subsection (a), together with appropriate appendices and attachments, to the Committees on Armed Services of the Senate and the House of Representatives.
(e)

GAO Reports.—
The Comptroller General shall monitor the development and implementation of the plan required under subsection (a), including the administration of services and benefits under the plan, and periodically submit to the committees referred to in subsection (d) written reports on such development and implementation.
* * * * * * *
subtitle C—

TRICARE Program
SEC. 721.
[10 U.S.C. 1073 note]

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 TRICARE Standard pursuant to chapter 55 of title 10, United States Code, the Secretary of Defense may not require with regard to authorized 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)

Waiver Authority.—
The Secretary may waive the prohibition in subsection (a) if—
(1)
the Secretary—
(A)
demonstrates that significant costs would be avoided by performing specific procedures at the affected military medical treatment facility or facilities;
(B)
determines that a specific procedure must be provided at the affected military medical treatment facility or facilities to ensure the proficiency levels of the practitioners at the facility or facilities; or
(C)
determines that the lack of nonavailability statement data would significantly interfere with TRICARE contract administration;
(2)
the Secretary provides notification of the Secretary's intent to grant a waiver under this subsection to covered beneficiaries who receive care at the military medical treatment facility or facilities that will be affected by the decision to grant a waiver under this subsection;
(3)
the Secretary notifies the Committees on Armed Services of the House of Representatives and the Senate of the Secretary's intent to grant a waiver under this subsection, the reason for the waiver, and the date that a nonavailability statement will be required; and
(4)
60 days have elapsed since the date of the notification described in paragraph (3).
(c)

Waiver Exception for Maternity Care.—
Subsection (b) shall not apply with respect to maternity care.
(d)

Effective Date.—
This section shall take effect on the earlier of the following:
(1)
The date that a new contract entered into by the Secretary to provide health care services under TRICARE Standard takes effect.
(2)
The date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002.
* * * * * * *
SEC. 723.
[10 U.S.C. 1073 note]

MODERNIZATION OF TRICARE BUSINESS PRACTICES AND INCREASE OF USE OF MILITARY TREATMENT FACILITIES.
(a)

Requirement To Implement Internet-Based System.—
Not later than October 1, 2001, the Secretary of Defense shall implement a system to simplify and make accessible through the use of the Internet, through commercially available systems and products, critical administrative processes within the military health care system and the TRICARE program. The purposes of the system shall be to enhance efficiency, improve service, and achieve commercially recognized standards of performance.
(b)

Elements of System.—
The system required by subsection (a)—
(1)
shall comply with patient confidentiality and security requirements, and incorporate data requirements, that are currently widely used by insurers under medicare and commercial insurers;
(2)
shall be designed to achieve improvements with respect to—
(A)
the availability and scheduling of appointments;
(B)
the filing, processing, and payment of claims;
(C)
marketing and information initiatives;
(D)
the continuation of enrollments without expiration;
(E)
the portability of enrollments nationwide;
(F)
education of beneficiaries regarding the military health care system and the TRICARE program; and
(G)
education of health care providers regarding such system and program; and
(3)
may be implemented through a contractor under TRICARE Prime.
(c)

Areas of Implementation.—
The Secretary shall implement the system required by subsection (a) in at least one region under the TRICARE program.
(d)

Plan for Improved Portability of Benefits.—
Not later than March 15, 2001, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to provide portability and reciprocity of benefits for all enrollees under the TRICARE program throughout all TRICARE regions.
(e)

Increase of Use of Military Medical Treatment Facilities.—
The Secretary shall initiate a program to maximize the use of military medical treatment facilities by improving the efficiency of health care operations in such facilities.
(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.
[10 U.S.C. 1073 note]

EXTENSION OF TRICARE MANAGED CARE SUPPORT CONTRACTS.
(a)

Authority.—
Notwithstanding any other provision of law and subject to subsection (b), any TRICARE managed care support contract in effect, or in the final stages of acquisition, on September 30, 1999, may be extended for four years.
(b)

Conditions.—
Any extension of a contract under subsection (a)—
(1)
may be made only if the Secretary of Defense determines that it is in the best interest of the United States to do so; and
(2)
shall be based on the price in the final best and final offer for the last year of the existing contract as adjusted for inflation and other factors mutually agreed to by the contractor and the Federal Government.
* * * * * * *
SEC. 727.

CLAIMS PROCESSING IMPROVEMENTS.
Beginning on the date of the enactment of this Act, the Secretary of Defense shall, to the maximum extent practicable, take all necessary actions to implement the following improvements with respect to processing of claims under the TRICARE program:
(1)
Use of the TRICARE encounter data information system rather than the health care service record in maintaining information on covered beneficiaries under chapter 55 of title 10, United States Code.
(2)
Elimination of all delays in payment of claims to health care providers that may result from the development of the health care service record or TRICARE encounter data information.
(3)
Requiring all health care providers under the TRICARE program that the Secretary determines are high-volume providers to submit claims electronically.
(4)
Processing 50 percent of all claims by health care providers and institutions under the TRICARE program by electronic means.
(5)
Authorizing managed care support contractors under the TRICARE program to require providers to access information on the status of claims through the use of telephone automated voice response units.
* * * * * * *
subtitle D—

Demonstration Projects
SEC. 731.
[10 U.S.C. 1092 note]

DEMONSTRATION PROJECT FOR EXPANDED ACCESS TO MENTAL HEALTH COUNSELORS.
(a)

Requirement To Conduct Demonstration Project.—
The Secretary of Defense shall conduct a demonstration project under which licensed and certified professional mental health counselors who meet eligibility requirements for participation as providers under the Civilian Health and Medical Program of the Uniformed Services (hereafter in this section referred to as “CHAMPUS”) or the TRICARE program may provide services to covered beneficiaries under chapter 55 of title 10, United States Code, without referral by physicians or adherence to supervision requirements.
(b)

Duration and Location of Project.—
The Secretary shall conduct the demonstration project required by subsection (a)—
(1)
during the 2-year period beginning October 1, 2001; and
(2)
in one established TRICARE region.
(c)

Regulations.—
The Secretary shall prescribe regulations regarding participation in the demonstration project required by subsection (a).
(d)

Plan for Project.—
Not later than March 31, 2001, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to carry out the demonstration project. The plan shall include, but not be limited to, a description of the following:
(1)
The TRICARE region in which the project will be conducted.
(2)
The estimated funds required to carry out the demonstration project.
(3)
The criteria for determining which professional mental health counselors will be authorized to participate under the demonstration project.
(4)
The plan of action, including critical milestone dates, for carrying out the demonstration project.
(e)

Report.—
Not later than February 1, 2003, the Secretary shall submit to Congress a report on the demonstration project carried out under this section. The report shall include the following:
(1)
A description of the extent to which expenditures for reimbursement of licensed or certified professional mental health counselors change as a result of allowing the independent practice of such counselors.
(2)
Data on utilization and reimbursement regarding 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 physicians who make referrals to, and supervise, mental health counselors.
(4)
A description of the administrative costs incurred as a result of the requirement for documentation of referral to mental health counselors and supervision activities for such counselors.
(5)
For each of the categories described in paragraphs (1) through (4), a comparison of data for a 1-year period for the area in which the demonstration project is being implemented with corresponding data for a similar area in which the demonstration project is not being implemented.
(6)
A description of the ways in which allowing for independent reimbursement of licensed or certified professional mental health counselors affects the confidentiality of mental health and substance abuse services for covered beneficiaries under CHAMPUS and the TRICARE program.
(7)
A description of the effect, if any, of changing reimbursement policies on the health and treatment of covered beneficiaries under CHAMPUS and the TRICARE program, including a comparison of the treatment outcomes of covered beneficiaries who receive mental health services from licensed or certified professional mental health counselors acting under physician referral and supervision, other non-physician mental health providers recognized under CHAMPUS and the TRICARE program, and physicians, with treatment outcomes under the demonstration project allowing independent practice of professional counselors on the same basis as other non-physician mental health providers.
(8)
The effect of policies of the Department of Defense on the willingness of licensed or certified professional mental health counselors to participate as health care providers in CHAMPUS and the TRICARE program.
(9)
Any policy requests or recommendations regarding mental health counselors made by health care plans and managed care organizations participating in CHAMPUS or the TRICARE program.
SEC. 732.
[10 U.S.C. 1092 note]

TELERADIOLOGY DEMONSTRATION PROJECT.
(a)

Authority To Conduct Project.—
(1)
The Secretary of Defense may conduct a demonstration project for the purposes of increasing efficiency of operations with respect to teleradiology at military medical treatment facilities, supporting remote clinics, and increasing coordination with respect to teleradiology between such facilities and clinics. Under the project, a military medical treatment facility and each clinic supported by such facility shall be linked by a digital radiology network through which digital radiology X-rays may be sent electronically from clinics to the military medical treatment facility.
(2)
The demonstration project may be conducted at several multispecialty tertiary-care military medical treatment facilities affiliated with a university medical school. One of such facilities shall be supported by at least 5 geographically dispersed remote clinics of the Departments of the Army, Navy, and Air Force, and clinics of the Department of Veterans Affairs and the Coast Guard. Another of such facilities shall be in an underserved rural geographic region served under established telemedicine contracts between the Department of Defense, the Department of Veterans Affairs, and a local university.
(b)

Duration of Project.—
The Secretary shall conduct the project during the 2-year period beginning on the date of the enactment of this Act.
SEC. 733.
[10 U.S.C. 1071 note]

HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.
(a)

Establishment.—
The Secretary of Defense shall carry out a demonstration program on health care management to explore opportunities for improving the planning, programming, budgeting systems, and management of the Department of Defense health care system.
(b)

Test Models.—
Under the demonstration program, the Secretary shall test the use of the following planning and management models:
(1)
A health care simulation model for studying alternative delivery policies, processes, organizations, and technologies.
(2)
A health care simulation model for studying long term disease management.
(c)

Demonstration Sites.—
The Secretary shall test each model separately at one or more sites.
(d)

Period for Program.—
The demonstration program shall begin not later than 180 days after the date of the enactment of this Act and shall terminate on December 31, 2003.
(e)

Report.—
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, 2004. The report shall include the Secretary's assessment of the value of incorporating the use of the tested planning and management models throughout the planning, programming, budgeting systems, and management of the Department of Defense health care system.
(f)

Funding.—
Of the amount authorized to be appropriated under section 301(22), $6,000,000 shall be available for the demonstration program under this section.
* * * * * * *
subtitle E—

Joint Initiatives With Department of Veterans Affairs
SEC. 741.
[38 U.S.C. 8111 note]

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 terminated in accordance with the terms of such agreement.
SEC. 742.
[10 U.S.C. 1071 note]

PROCESSES FOR PATIENT SAFETY IN MILITARY AND VETERANS HEALTH CARE SYSTEMS.
(a)

Error Tracking Process.—
The Secretary of Defense shall implement a centralized process for reporting, compilation, and analysis of errors in the provision of health care under the defense health program that endanger patients beyond the normal risks associated with the care and treatment of such patients. To the extent practicable, that process shall emulate the system established by the Secretary of Veterans Affairs for reporting, compilation, and analysis of errors in the provision of health care under the Department of Veterans Affairs health care system that endanger patients beyond such risks.
(b)

Sharing of Information.—
The Secretary of Defense and the Secretary of Veterans Affairs—
(1)
shall share information regarding the designs of systems or protocols established to reduce errors in the provision of health care described in subsection (a); and
(2)
shall develop such protocols as the Secretaries consider necessary for the establishment and administration of effective processes for the reporting, compilation, and analysis of such errors.
SEC. 743.
[10 U.S.C. 1071 note]

COOPERATION IN DEVELOPING PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.
The Secretary of Defense and the Secretary of Veterans Affairs shall cooperate in developing systems for the use of bar codes for the identification of pharmaceuticals in the health care programs of the Department of Defense and the Department of Veterans Affairs. In any case in which a common pharmaceutical is used in such programs, the bar codes for those pharmaceuticals shall, to the maximum extent practicable, be identical.
subtitle F—

Other Matters
* * * * * * *
SEC. 754.
[10 U.S.C. 1071 note]

PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.
(a)

Establishment.—
The Secretary of Defense shall establish a patient care error reporting and management system.
(b)

Purposes of System.—
The purposes of the system are as follows:
(1)
To study the occurrences of errors in the patient care provided under chapter 55 of title 10, United States Code.
(2)
To identify the systemic factors that are associated with such occurrences.
(3)
To provide for action to be taken to correct the identified systemic factors.
(c)

Requirements for System.—
The patient care error reporting and management system shall include the following:
(1)
A hospital-level patient safety center, within the quality assurance department of each health care organization of the Department of Defense, to collect, assess, and report on the nature and frequency of errors related to patient care.
(2)
For each health care organization of the Department of Defense and for the entire Defense health program, patient safety standards that are necessary for the development of a full understanding of patient safety issues in each such organization and the entire program, including the nature and types of errors and the systemic causes of the errors.
(3)
Establishment of a Department of Defense Patient Safety Center, which shall have the following missions:
(A)
To analyze information on patient care errors that is submitted to the Center by each military health care organization.
(B)
To develop action plans for addressing patterns of patient care errors.
(C)
To execute those action plans to mitigate and control errors in patient care with a goal of ensuring that the health care organizations of the Department of Defense provide highly reliable patient care with virtually no error.
(D)
To provide, through the Assistant Secretary of Defense for Health Affairs, to the Agency for Healthcare Research and Quality of the Department of Health and Human Services any reports that the Assistant Secretary determines appropriate.
(E)
To review and integrate processes for reducing errors associated with patient care and for enhancing patient safety.
(F)
To contract with a qualified and objective external organization to manage the national patient safety database of the Department of Defense.
(d)

Medical Team Training 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. 814.

NAVY-MARINE CORPS INTRANET.
(a)

Limitation.—
None of the funds authorized to be appropriated for the Department of the Navy may be obligated or expended to carry out a Navy-Marine Corps Intranet contract before—
(1)
the Comptroller of the Department of Defense and the Director of the Office of Management and Budget—
(A)
have reviewed—
(i)
the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on June 30, 2000; and
(ii)
the Business Case Analysis Supplement for the Report to Congress on the Navy-Marine Corps Intranet submitted by the Department of the Navy on July 15, 2000; and
(B)
have provided their written comments to the Secretary of the Navy and the Chief of Naval Operations; and
(2)
the Secretary of the Navy and the Chief of Naval Operations have submitted to Congress a joint certification that they have reviewed the business case for the contract and the comments provided by the Comptroller of the Department of Defense and the Director of the Office of Management and Budget and that they have determined that the implementation of the contract is in the best interest of the Department of the Navy.
(b)

Phased Implementation.—
(1)
Upon the submission of the certification under subsection (a)(2), the Secretary of the Navy may commence a phased implementation of a Navy-Marine Corps Intranet contract.
(2)
Not more than 15 percent of the total number of work stations to be provided under the Navy-Marine Corps Intranet program may be provided in the first increment of implementation of the Navy-Marine Corps Intranet contract.
(3)
No work stations in excess of the number permitted by paragraph (2) may be provided under the program until—
(A)
the Secretary of the Navy has conducted operational testing and cost review of the increment covered by that paragraph;
(B)
the Chief Information Officer of the Department of Defense has certified to the Secretary of the Navy that the results of the operational testing of the Intranet are acceptable;
(C)
the Comptroller of the Department of Defense has certified to the Secretary of the Navy that the cost review provides a reliable basis for forecasting the cost impact of continued implementation; and
(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)

Additional Phase-In Authority Pending Second Joint Certification.—
(1)
(A)
Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2), but not to exceed an additional 100,000 work stations. The authority of the Secretary of the Navy to order additional work stations under this paragraph is subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense.
(B)
The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense may not grant approval to the Secretary of the Navy to order additional work stations under subparagraph (A) until a three-phase customer test and evaluation, observed by the Department of Defense, is completed for a statistically significant representative sample of the work stations operating on the Navy-Marine Corps Intranet. The test and evaluation shall include end user testing of day-to-day operations (including e-mail capability and performance), scenario-driven events, and scenario-based interoperability testing.
(2)
(A)
Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2) and the number ordered under the authority of paragraph (1), but not to exceed an additional 150,000 work stations. The authority of the Secretary of the Navy to order additional work stations under this paragraph is also subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense.
(B)
The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the Department of Defense may not grant approval to the Secretary of the Navy to order additional work stations under subparagraph (A) until each of the following occurs:
(i)
There has been a full transition of not less than 20,000 work stations to the Navy-Marine Corps Intranet.
(ii)
The work stations referred to in clause (i) have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, as determined by contractor performance measurement under oversight by the Department of the Navy.
(iii)
The Chief Information Officer of the Navy certifies to the Secretary of the Navy and the Chief Information Officer of the Department of Defense that the results of the performance evaluation referred to in clause (ii) are acceptable.
(3)
Of the work stations ordered under the authority provided by paragraph (2), not more than 50 percent may reach the major milestone known as “assumption of responsibility” until each of the following occurs:
(A)
All work stations for the headquarters of the Naval Air Systems Command have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, as determined by contractor performance measurement under oversight by the Department of the Navy.
(B)
The Chief Information Officer of the Navy certifies to the Secretary of the Navy and the Chief Information Officer of the Department of Defense that the results of the performance evaluation referred to in subparagraph (B) are acceptable.
(4)
For the purposes of this section, when the information infrastructure and systems of a user of a work station are transferred into Navy-Marine Corps Intranet infrastructure and systems under the Navy-Marine Corps Intranet contract consistent with the applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, the work station shall be considered as having been provided for the Navy-Marine Corps Intranet.
(d)

Reporting and Review Requirements.—
(1)
If work stations are ordered using the authority provided by paragraph (1) or (2) of subsection (c), the Secretary of the Navy shall submit to Congress a report, current as of the date the determination is made to order the work stations, on the following:
(A)
The number of work stations operating on the Navy-Marine Corps Intranet, including the number of work stations regarding which assumption of responsibility has occurred.
(B)
The status of testing and implementation of the Navy-Marine Corps Intranet program.
(C)
The number of work stations to be ordered under paragraph (1) or (2) of subsection (c), whichever applies.
(2)
A report containing the information required by paragraph (1) shall also be submitted to Congress when the requirements of paragraph (3) of subsection (c) are satisfied and additional work stations under the Navy-Marine Corps Intranet contract are authorized to reach assumption of responsibility.
(3)
The Comptroller General shall conduct a review of the impact that participation in the Navy-Marine Corps Intranet program has on information technology costs of working capital funded industrial facilities of the Department of the Navy and submit the results of the review to Congress.
(e)

Assignment of Navy-Marine Corps Intranet Manager.—
The Secretary of the Navy shall assign an employee of the Department of the Navy to the Navy-Marine Corps Intranet program whose sole responsibility will be to oversee and direct the program. The employee so assigned may not also be the portfolio acquisition executive.
(f)

Prohibition on Increase of Rates Charged.—
The Secretary of the Navy shall ensure that rates charged by a working capital funded industrial facility of the Department of the Navy for goods or services provided by such facility are not increased during fiscal year 2001 for the purpose of funding the Navy-Marine Corps Intranet contract.
(g)

Applicability of Statutory and Regulatory Requirements.—
The acquisition of a Navy-Marine Corps Intranet shall be managed by the Department of the Navy in accordance with the requirements of—
(1)
subtitle III of title 40, United States Code, including the requirement for utilizing modular contracting in accordance with section 38 of the Office of Federal Procurement Policy Act (41 U.S.C. 434); and
(2)
Department of Defense Directives 5000.1 and 5000.2–R and all other directives, regulations, and management controls that are applicable to major investments in information technology and related services.
(h)

Impact on Federal Employees.—
The Secretary shall mitigate any adverse impact of the implementation of the Navy-Marine Corps Intranet on civilian employees of the Department of the Navy who, as of the date of the enactment of this Act, are performing functions that are included in the scope of the Navy-Marine Corps Intranet program by—
(1)
developing a comprehensive plan for the transition of such employees to the performance of other functions within the Department of the Navy;
(2)
taking full advantage of transition authorities available for the benefit of employees;
(3)
encouraging the retraining of employees who express a desire to qualify for reassignment to the performance of other functions within the Department of the Navy; and
(4)
including a provision in the Navy-Marine Corps Intranet contract that requires the contractor to provide a preference for hiring employees of the Department of the Navy who, as of the date of the enactment of this Act, are performing functions that are included in the scope of the contract.
(i)

Duration of Base Navy-Marine Corps Intranet Contract.—
Notwithstanding section 2306c of title 10, United States Code, the base contract of the Navy-Marine Corps Intranet contract may have a term in excess of five years, but not more than seven years.
(j)

Definitions.—
(1)
In this section, the term “Navy-Marine Corps Intranet contract” means a contract providing for a long-term arrangement of the Department of the Navy with the commercial sector that imposes on the contractor a responsibility for, and transfers to the contractor the risk of, providing and managing the significant majority of desktop, server, infrastructure, and communication assets and services of the Department of the Navy.
(2)
In this section, the term “assumption of responsibility”, with respect to a work station, means the point at which the contractor team under the Navy-Marine Corps Intranet contract assumes operational control of, and responsibility for, the existing information infrastructure and systems of a work station, in order to prepare for ultimate transition of the work station to the Navy-Marine Corps Intranet.
* * * * * * *
SEC. 1041.
[10 U.S.C. 118 note]

REVISED NUCLEAR POSTURE REVIEW.
(a)

Requirement for Comprehensive Review.—
In order to clarify United States nuclear deterrence policy and strategy for the near term, the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years. The Secretary shall conduct the review in consultation with the Secretary of Energy.
(b)

Elements of Review.—
The nuclear posture review shall include the following elements:
(1)
The role of nuclear forces in United States military strategy, planning, and programming.
(2)
The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture.
(3)
The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives.
(4)
The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying existing systems.
(5)
The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to modernize or modify the complex.
(6)
The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads.
(7)
The possibility of deactivating or dealerting nuclear warheads or delivery systems immediately, or immediately after a decision to retire any specific warhead, class of warheads, or delivery system.
(c)

Report to Congress.—
The Secretary of Defense shall submit to Congress, in unclassified and classified forms as necessary, a report on the results of the nuclear posture review conducted under this section. The report shall be submitted concurrently with the Quadrennial Defense Review report due in December 2001.
(d)

Sense of Congress.—
It is the sense of Congress that the nuclear posture review conducted under this section should be used as the basis for establishing future United States arms control objectives and negotiating positions.
* * * * * * *
SEC. 1111.
[10 U.S.C. 113 note]

PILOT PROGRAM FOR REENGINEERING THE EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS.
(a)

Pilot Program.—
(1)
The Secretary of Defense shall carry out a pilot program to improve processes for the resolution of equal employment opportunity complaints by civilian employees of the Department of Defense. Complaints processed under the pilot program shall be subject to the procedural requirements established for the pilot program and shall not be subject to the procedural requirements of part 1614 of title 29 of the Code of Federal Regulations or other regulations, directives, or regulatory restrictions prescribed by the Equal Employment Opportunity Commission.
(2)
The pilot program shall include procedures to reduce processing time and eliminate redundancy with respect to processes for the resolution of equal employment opportunity complaints, reinforce local management and chain-of-command accountability, and provide the parties involved with early opportunity for resolution.
(3)
The Secretary may carry out the pilot program for a period of three years, beginning on January 1, 2001.
(4)
(A)
Participation in the pilot program shall be voluntary on the part of the complainant. Complainants who participate in the pilot program shall retain the right to appeal a final agency decision to the Equal Employment Opportunity Commission and to file suit in district court. The Equal Employment Opportunity Commission shall not reverse a final agency decision on the grounds that the agency did not comply with the regulatory requirements promulgated by the Commission.
(B)
Subparagraph (A) shall apply to all cases—
(i)
pending as of January 1, 2001, before the Equal Employment Opportunity Commission involving a civilian employee who filed a complaint under the pilot program of the Department of the Navy to improve processes for the resolution of equal employment opportunity complaints; and
(ii)
hereinafter filed with the Commission under the pilot program established by this section.
(5)
The pilot program shall be carried out in at least one military department and two Defense Agencies.
(b)

Report.—
Not later than 90 days following the end of the first and last full or partial fiscal years during which the pilot program is implemented, the Comptroller General shall submit to Congress a report on the pilot program. Such report shall contain the following:
(1)
A description of the processes tested by the pilot program.
(2)
The results of such testing.
(3)
Recommendations for changes to the processes for the resolution of equal employment opportunity complaints as a result of such pilot program.
(4)
A comparison of the processes used, and results obtained, under the pilot program to traditional and alternative dispute resolution processes used in the government or private industry.
* * * * * * *
TITLE XII—

MATTERS RELATING TO OTHER NATIONS
* * * * * * *

subtitle B—

Matters Relating to the Balkans
* * * * * * *[Section 1213 was repealed by section 1062(i)(3) of division A of Public Law 112–81]
subtitle C—

North Atlantic Treaty Organization and United States Forces in Europe
SEC. 1221.
[22 U.S.C. 1928 note]

NATO FAIR BURDENSHARING.
(a)

Report on Costs of Operation Allied Force.—
The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the costs to the United States of the 78-day air campaign known as Operation Allied Force conducted against the Federal Republic of Yugoslavia during the period from March 24 through June 9, 1999. The report shall include the following:
(1)
The costs of ordnance expended, fuel consumed, and personnel.
(2)
The estimated cost of the reduced service life of United States aircraft and other systems participating in the operation.
(b)

Report on Burdensharing of Future NATO Operations.—
Whenever the North Atlantic Treaty Organization undertakes a military operation, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing—
(1)
the contributions to that operation made by each of the member nations of the North Atlantic Treaty Organization during that operation; and
(2)
the contributions that each of the member nations of the North Atlantic Treaty Organization are making or have pledged to make during any follow-on operation.
(c)

Time for Submission of Report.—
A report under subsection (b) shall be submitted not later than 90 days after the completion of the military operation.
(d)

Applicability.—
Subsection (b) shall apply only with respect to military operations begun after the date of the enactment of this Act.
* * * * * * *
subtitle D—

Other Matters
SEC. 1231.

JOINT DATA EXCHANGE CENTER WITH RUSSIAN FEDERATION ON EARLY WARNING SYSTEMS AND NOTIFICATION OF BALLISTIC MISSILE LAUNCHES.
(a)

Authority.—
The Secretary of Defense is authorized to establish, in conjunction with the Government of the Russian Federation, a United States-Russian Federation joint center for the exchange of data from systems to provide early warning of launches of ballistic missiles and for notification of launches of such missiles.
(b)

Specific Actions.—
The actions that the Secretary undertakes for the establishment of the center may include—
(1)
subject to subsection (d), participating in the renovation of a mutually agreed upon facility to be made available by the Russian Federation; and
(2)
the furnishing of such equipment and supplies as may be necessary to begin the operation of the center.
(c)

Report Required.—
(1)
Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on plans for the joint data exchange center.
(2)
The report shall include the following:
(A)
A detailed explanation as to why the particular facility intended to house the center was chosen.
(B)
An estimate of the total cost of renovating that facility for use by the center.
(C)
A description of the manner by which the United States proposes to meet its share of the costs of such renovation.
(d)

Limitation.—
(1)
The Secretary of Defense may participate under subsection (b) in the renovation of the facility identified in the report under subsection (c) only if the United States and the Russian Federation enter into a cost-sharing arrangement that provides for an equal sharing between the two nations of the cost of establishing the center, including the costs of renovating and operating the facility.
(2)
Not more than $4,000,000 of funds appropriated for fiscal year 2001 may be obligated or expended after the date of the enactment of this Act by the Secretary of Defense for the renovation of such facility until 30 days after the date on which the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a copy of a written agreement between the United States and the Russian Federation that provides details of the cost-sharing arrangement specified in paragraph (1), in accordance with the Memorandum of Agreement between the two nations signed in Moscow in June 2000.
* * * * * * *
SEC. 1238.
[22 U.S.C. 7002]

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION.
(a)

Purposes.—
The purposes of this section are as follows:
(1)
To establish the United States-China Economic and 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 Economic and Security Review Commission of its duties regarding the review referred to in paragraph (1) by providing for the transfer to that Commission of staff, materials, and infrastructure (including leased premises) of the Trade Deficit Review Commission that are appropriate for the review upon the submittal of the final report of the Trade Deficit Review Commission.
(b)

Establishment of United States-China Economic and Security Review Commission.—
(1)

In general.—
There is hereby established a commission to be known as the United States-China Economic and Security Review Commission (in this section referred to as the “Commission”).
(2)

Purpose.—
The purpose of the Commission is to monitor, investigate, and report to Congress on the national security implications of the bilateral trade and economic relationship between the United States and the People's Republic of China.
(3)

Membership.—
The Commission shall be composed of 12 members, who shall be appointed in the same manner provided for the appointment of members of the Trade Deficit Review Commission under section 127(c)(3) of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note), except that—
(A)
appointment of members by the Speaker of the House of Representatives shall be made after consultation with the chairman of the Committee on Armed Services of the House of Representatives, in addition to consultation with the chairman of the Committee on Ways and Means of the House of Representatives provided for under clause (iii) of subparagraph (A) of that section;
(B)
appointment of members by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate shall be made after consultation with the chairman of the Committee on Armed Services of the Senate, in addition to consultation with the chairman of the Committee on Finance of the Senate provided for under clause (i) of that subparagraph;
(C)
appointment of members by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate shall be made after consultation with the ranking minority member of the Committee on Armed Services of the Senate, in addition to consultation with the ranking minority member of the Committee on Finance of the Senate provided for under clause (ii) of that subparagraph;
(D)
appointment of members by the minority leader of the House of Representatives shall be made after consultation with the ranking minority member of the Committee on Armed Services of the House of Representatives, in addition to consultation with the ranking minority member of the Committee on Ways and Means of the House of Representatives provided for under clause (iv) of that subparagraph;
(E)
persons appointed to the Commission shall have expertise in national security matters and United States-China relations, in addition to the expertise provided for under subparagraph (B)(i)(I) of that section;
(F)
each appointing authority referred to under subparagraphs (A) through (D) of this paragraph shall—
(i)
appoint 3 members to the Commission;
(ii)
make the appointments on a staggered term basis, such that—
(I)
1 appointment shall be for a term expiring on December 31, 2003;
(II)
1 appointment shall be for a term expiring on December 31, 2004; and
(III)
1 appointment shall be for a term expiring on December 31, 2005;
(iii)
make all subsequent appointments on an approximate 2-year term basis to expire on December 31 of the applicable year; and
(iv)
make appointments not later than 30 days after the date on which each new Congress convenes;
(G)
members of the Commission may be reappointed for additional terms of service as members of the Commission; and
(H)
members of the Trade Deficit Review Commission as of the date of the enactment of this Act shall serve as members of the Commission until such time as members are first appointed to the Commission under this paragraph.
(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 commencement of such activities.
(5)

Chairman and vice chairman.—
The members of the Commission shall select a Chairman and Vice Chairman of the Commission from among the members of the Commission.
(6)

Meetings.—
(A)

Meetings.—
The Commission shall meet at the call of the Chairman of the Commission.
(B)

Quorum.—
A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission.
(7)

Voting.—
Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission.
(c)

Duties.—
(1)

Annual report.—
Not later than December 1 each year (beginning in 2002), the Commission shall submit to Congress a report, in both unclassified and classified form, regarding the national security implications and impact of the bilateral trade and economic relationship between the United States and the People's Republic of China. The report shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions, if any, of the national security implications for the United States of the trade and current balances with the People's Republic of China in goods and services, financial transactions, and technology transfers. The Commission shall also take into account patterns of trade and transfers through third countries to the extent practicable.
(2)

Contents of report.—
Each report under paragraph (1) shall include, at a minimum, a full discussion of the following:
(A)
The role of the People’s Republic of China in the proliferation of weapons of mass destruction and other weapon systems (including systems and technologies of a dual use nature), including actions the United States might take to encourage the People’s Republic of China to cease such practices.
(B)
The qualitative and quantitative nature of the transfer of United States production activities to the People’s Republic of China, including the relocation of manufacturing, advanced technology and intellectual property, and research and development facilities, the impact of such transfers on the national security of the United States (including the dependence of the national security industrial base of the United States on imports from China), the economic security of the United States, and employment in the United States, and the adequacy of United States export control laws in relation to the People's Republic of China.
(C)
The effects of the need for energy and natural resources in the People’s Republic of China on the foreign and military policies of the People's Republic of China, the impact of the large and growing economy of the People’s Republic of China on world energy and natural resource supplies, prices, and the environment, and the role the United States can play (including through joint research and development efforts and technological assistance) in influencing the energy and natural resource policies of the People’s Republic of China.
(D)
Foreign investment by the United States in the People’s Republic of China and by the People’s Republic of China in the United States, including an assessment of its economic and security implications, the challenges to market access confronting potential United States investment in the People’s Republic of China, and foreign activities by financial institutions in the People's Republic of China.
(E)
The military plans, strategy and doctrine of the People’s Republic of China, the structure and organization of the People's Republic of China military, the decision-making process of the People's Republic of China military, the interaction between the civilian and military leadership in the People's Republic of China, the development and promotion process for leaders in the People's Republic of China military, deployments of the People's Republic of China military, resources available to the People's Republic of China military (including the development and execution of budgets and the allocation of funds), force modernization objectives and trends for the People's Republic of China military, and the implications of such objectives and trends for the national security of the United States.
(F)
The strategic economic and security implications of the cyber capabilities and operations of the People’s Republic of China.
(G)
The national budget, fiscal policy, monetary policy, capital controls, and currency management practices of the People's Republic of China, their impact on internal stability in the People’s Republic of China, and their implications for the United States.
(H)
The drivers, nature, and implications of the growing economic, technological, political, cultural, people-to-people, and security relations of the People’s Republic of China’s with other countries, regions, and international and regional entities (including multilateral organizations), including the relationship among the United States, Taiwan, and the People’s Republic of China.
(I)
The compliance of the People’s Republic of China with its commitments to the World Trade Organization, other multilateral commitments, bilateral agreements signed with the United States, commitments made to bilateral science and technology programs, and any other commitments and agreements strategic to the United States (including agreements on intellectual property rights and prison labor imports), and United States enforcement policies with respect to such agreements.
(J)
The implications of restrictions on speech and access to information in the People’s Republic of China for its relations with the United States in economic and security policy, as well as any potential impact of media control by the People's Republic of China on United States economic interests.
(K)
The safety of food, drug, and other products imported from China, the measures used by the People's Republic of China Government and the United States Government to monitor and enforce product safety, and the role the United States can play (including through technical assistance) to improve product safety in the People’s Republic of China.
(3)

Recommendations of report.—
Each report under paragraph (1) shall also include recommendations for action by Congress or the President, or both, including specific recommendations for the United States to invoke Article XXI (relating to security exceptions) of the General Agreement on Tariffs and Trade 1994 with respect to the People's Republic of China, as a result of any adverse impact on the national security interests of the United States.
(d)

Hearings.—
(1)

In general.—
The Commission or, at its direction, any panel or member of the Commission, may for the purpose of carrying out the provisions of this section, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or any panel or member considers advisable.
(2)

Information.—
The Commission may secure directly from the Department of Defense, the Central Intelligence Agency, and any other Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this section, except the provision of intelligence information to the Commission shall be made with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters, under procedures approved by the Director of Central Intelligence.
(3)

Security.—
The Office of Senate Security shall—
(A)
provide classified storage and meeting and hearing spaces, when necessary, for the Commission; and
(B)
assist members and staff of the Commission in obtaining security clearances.
(4)

Security clearances.—
All members of the Commission and appropriate staff shall be sworn and hold appropriate security clearances.
(e)

Commission Personnel Matters.—
(1)

Compensation of members.—
Members of the Commission shall be compensated in the same manner provided for the compensation of members of the Trade Deficit Review Commission under section 127(g)(1) and section 127(g)(6) of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note).
(2)

Travel expenses.—
Travel expenses of the 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 appointment, compensation, and termination of the executive director and other personnel of the Trade Deficit Review Commission under section 127(g)(3) and section 127(g)(6) of the Trade Deficit Review Commission Act. The executive director and any personnel who are employees of the United States-China Economic and Security Review Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(4)

Detail of government employees.—
Federal Government 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 section 127(g)(4) of the Trade Deficit Review Commission Act.
(5)

Foreign travel for official purposes.—
Foreign travel for official purposes by members and staff of the Commission may be authorized by either the Chairman or the Vice Chairman of the Commission.
(6)

Procurement of temporary and intermittent services.—
The Chairman of the Commission may procure temporary 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 Appropriations.—
(1)

In general.—
There is authorized to be appropriated to the Commission for fiscal year 2001, and for each fiscal year thereafter, such sums as may be necessary to enable the Commission to carry out its functions under this section.
(2)

Availability.—
Amounts appropriated to the Commission shall remain available until expended.
(g)

Applicability of Chapter 10 of Title 5, United States Code.—
The provisions of chapter 10 of title 5, United States Code, shall apply to the activities of the Commission.
(h)

Effective Date.—
This section shall take effect on the first day of the 107th Congress.
* * * * * * *
TITLE XIII—

COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER SOVIET UNION
SEC. 1301.
[22 U.S.C. 5959 note]

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS.
(a)

Specification of CTR Programs.—
For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b)

Fiscal Year 2001 Cooperative Threat Reduction Funds Defined.—
As used in this title, the term “fiscal year 2001 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.
(c)

Availability of Funds.—
Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.
* * * * * * *
[Sections 1303 and 1304 repealed by section 1351(8)(A) of division A of Public Law 113–291. Sections 1306 and 1308 repealed by section 1351(8)(B) and (C) of division A of such Public Law. ]
* * * * * * *
TITLE XV—

NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO
* * * * * * *
SEC. 1508.

TRANSFER AND MANAGEMENT OF CONSERVATION ZONES.
(a)

Transfer to Secretary of the Interior.—
(1)

Transfer required.—
Except as provided in section 1506, the Secretary of the Navy shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Interior all Department of Defense real properties on the western end of the Vieques Island, consisting of a total of approximately 3,100 acres, that are designated as Conservation Zones in section IV of the 1983 Memorandum of Understanding between the Commonwealth of Puerto Rico and the Secretary of the Navy.
(2)

Time for transfer.—
The Secretary of the Navy shall complete the transfer required by paragraph (1) not later than May 1, 2001.
(b)

Conveyance to Conservation Trust.—
(1)

Conveyance required.—
Except as provided in section 1506 and subject to paragraph (2), the Secretary of the Navy shall convey, without consideration, to the Puerto Rico Conservation Trust the additional Conservation Zones, consisting of a total of approximately 800 acres, identified in Alternative 1 in the Draft Environmental Assessment for the proposed transfer of Naval Ammunition Support Detachment property, Vieques, Puerto Rico, prepared by the Department of the Navy, as described in the Federal Register of August 28, 2000 (65 Fed. Reg. 52100).
(2)

Time for conveyance.—
The Secretary of the Navy shall complete the conveyance required by paragraph (1) not later than May 1, 2001, except that paragraph (1) shall apply only to those portions of the lands described in such paragraph that the Commonwealth of Puerto Rico, the Secretary of the Interior, and the Puerto Rico Conservation Trust mutually agree, before that date, to—
(A)
include in the cooperative agreement under subsection (d)(2); and
(B)
manage under standards consistent with the standards in subsection (c) applicable to the lands transferred under subsection (a).
(c)

Administration of Properties as Wildlife Refuges.—
The Secretary of the Interior shall administer as wildlife refuges under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) the Conservation Zones transferred to the Secretary under subsection (a).
(d)

Cooperative Agreement.—
(1)

Required; parties.—
The Secretary of the Interior shall manage the Conservation Zones transferred under subsection (a) pursuant to a cooperative agreement among the Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust, and the Secretary of the Interior.
(2)

Inclusion of adjacent areas.—
Areas adjacent to the Conservation Zones transferred under subsection (a) shall be considered for inclusion under the cooperative agreement. Subject to the mutual agreement of the Commonwealth of Puerto Rico, the Secretary of the Interior, and the Puerto Rico Conservation Trust, such adjacent areas may be included under the cooperative agreement, except that the total acreage so included under this paragraph may not exceed 800 acres. This determination of inclusion of lands shall be incorporated into the cooperative agreement process as set forth in paragraph (4).
(3)

Sea grass area.—
The Sea Grass Area west of Mosquito Pier, as identified in the 1983 Memorandum of Understanding between the Commonwealth of Puerto Rico and the Secretary of the Navy, shall be included in the cooperative agreement to be protected under the laws of the United States and the laws of the Commonwealth of Puerto Rico.
(4)

Management purposes.—
All lands covered by the cooperative agreement shall be managed to protect and preserve the natural resources of the lands in perpetuity. The Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust, and the Secretary of the Interior shall follow all applicable Federal environmental laws during the creation and any subsequent amendment of the cooperative agreement, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and the National Historic Preservation Act (16 U.S.C. 470 et seq.).
(5)

Completion and implementation.—
The cooperative agreement shall be completed not later than May 1, 2001. The Secretary of the Interior shall implement the terms and conditions of the cooperative agreement, which can only be amended by agreement of the Commonwealth of Puerto Rico, the Puerto Rico Conservation Trust, and the Secretary of the Interior.
* * * * * * *
TITLE XXXI—

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
* * * * * * *
Subtitle C—

Program Authorizations, Restrictions, and Limitations
* * * * * * *
SEC. 3132.
[10 U.S.C. 2431 note]

ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR SECURITY ADMINISTRATION AND MISSILE DEFENSE AGENCY.
(a)

Jointly Funded Projects.—
The Secretary of Energy and the Secretary of Defense shall modify the memorandum of understanding for the use of the national laboratories for ballistic missile defense programs, entered into under section 3131 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2034; 10 U.S.C. 2431 note), to provide for jointly funded projects.
(b)

Requirements for Projects.—
The projects referred to in subsection (a) shall—
(1)
be carried out by the National Nuclear Security Administration and the Missile Defense Agency; and
(2)
contribute to sustaining—
(A)
the expertise necessary for the viability of such laboratories; and
(B)
the capabilities required to sustain the nuclear stockpile.
(c)

Participation by NNSA in Certain MDA Activities.—
The Administrator for Nuclear Security and the Director of the Missile Defense Agency shall implement mechanisms that increase the cooperative relationship between those organizations. Those mechanisms may include participation by personnel of the National Nuclear Security Administration in the following activities of the Missile Defense Agency:
(1)
Peer reviews of technical efforts.
(2)
Activities of so-called “red teams”. * * * * * * *
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE
* * * * * * *
SEC. 3303.
[50 U.S.C. 98d note]

DISPOSAL OF TITANIUM.
(a)

Disposal Required.—
Notwithstanding any other provision of law, the President shall, by September 30, 2010, dispose of 30,000 short tons of titanium contained in the National Defense Stockpile.
(b)

Treatment of Receipts.—
Notwithstanding section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), of the funds received as a result of the disposal of titanium under subsection (a), $6,000,000 shall be transferred to the American Battle Monuments Commission for deposit in the fund established under section 2113 of title 36, United States Code, for the World War II memorial authorized by section 1 of Public Law 103–32 (107 Stat. 90), and the remainder shall be deposited into the Treasury as miscellaneous receipts.
(c)

World War II Memorial.—
(1)
The amount transferred to the American Battle Monuments Commission under subsection (b) shall be used to complete all necessary requirements for the design of, ground breaking for, construction of, maintenance of, and dedication of the World War II memorial. The Commission shall determine how the amount shall be apportioned among such purposes.
(2)
Any funds not necessary for the purposes set forth in paragraph (1) shall be transferred to and deposited in the general fund of the Treasury.
(d)

Relationship to Other Disposal Authority.—
The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding materials in the National Defense Stockpile.
* * * * * * *
TITLE 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 employees.
Sec. 3646.
Certification of treatment of payments under other laws.
Sec. 3647.
Claims not assignable or transferable; choice of remedies.
Sec. 3648.
Attorney fees.
Sec. 3649.
Certain claims not affected by awards of damages.
Sec. 3650.
Forfeiture of benefits by convicted felons.
Sec. 3651.
Coordination with other Federal radiation compensation laws.
Subtitle D—
Assistance in State Workers' Compensation Proceedings
Sec. 3661.
Agreements with States.
SEC. 3601.
[42 U.S.C. 7384 note]

SHORT TITLE.
This title may be cited as the “Energy Employees Occupational Illness Compensation Program Act of 2000”.
SEC. 3602.
[42 U.S.C. 7384]

FINDINGS; SENSE OF CONGRESS.
(a)

Findings.—
The Congress finds the following:
(1)
Since World War II, Federal nuclear activities have been explicitly recognized under Federal law as activities that are ultra-hazardous. Nuclear weapons production and testing have involved unique dangers, including potential catastrophic nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive substances and beryllium that, even in small amounts, can cause medical harm.
(2)
Since the inception of the nuclear weapons program and for several decades afterwards, a large number of nuclear weapons workers at sites of the Department of Energy and at sites of vendors who supplied the Cold War effort were put at risk without their knowledge and consent for reasons that, documents reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay.
(3)
Many previously secret records have documented unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the Department of Energy and its predecessor agencies have been, since World War II, self-regulating with respect to nuclear safety and occupational safety and health. No other hazardous Federal activity has been permitted to be carried out under such sweeping powers of self-regulation.
(4)
The policy of the Department of Energy has been to litigate occupational illness claims, which has deterred workers from filing workers' compensation claims and has imposed major financial burdens for such employees who have sought compensation. Contractors of the Department have been held harmless and the employees have been denied workers' compensation coverage for occupational disease.
(5)
Over the past 20 years, more than two dozen scientific findings have emerged that indicate that certain of such employees are experiencing increased risks of dying from cancer and non-malignant diseases. Several of these studies have also established a correlation between excess diseases and exposure to radiation and beryllium.
(6)
While linking exposure to occupational hazards with the development of occupational disease is sometimes difficult, scientific evidence supports the conclusion that occupational exposure to dust particles or vapor of beryllium can cause beryllium sensitivity and chronic beryllium disease. Furthermore, studies indicate than 98 percent of radiation-induced cancers within the nuclear weapons complex have occurred at dose levels below existing maximum safe thresholds.
(7)
Existing information indicates that State workers' compensation programs do not provide a uniform means of ensuring adequate compensation for the types of occupational illnesses and diseases that relate to the employees at those sites.
(8)
To ensure fairness and equity, the civilian men and women who, over the past 50 years, have performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy and its predecessor agencies should have efficient, uniform, and adequate compensation for beryllium-related health conditions and 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 complex.
(10)
However, as of October 2, 2000, the Administration has failed to provide Congress with the necessary legislative and budget proposals to enact the promised compensation program.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
a program should be established to provide compensation to covered employees;
(2)
a fund for payment of such compensation should be established on the books of the Treasury;
(3)
payments from that fund should be made only after—
(A)
the identification of employees of the Department of Energy (including its predecessor agencies), and of contractors of the Department, who may be members of the group of covered employees;
(B)
the establishment of a process to receive and administer claims for compensation for disability or death of covered employees;
(C)
the submittal by the President of a legislative proposal for compensation of such employees that includes the estimated annual budget resources for that compensation; and
(D)
consideration by the Congress of the legislative proposal submitted by the President; and
(4)
payments from that fund should commence not later than fiscal year 2002.
Subtitle A—

Establishment of Compensation Program and Compensation Fund
SEC. 3611.
[42 U.S.C. 7384d]

ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.
(a)

Program Established.—
There is hereby established a program to be known as the “Energy Employees Occupational Illness Compensation Program” (in this title referred to as the “compensation program”). The President shall carry out the compensation program through one or more Federal agencies or officials, as designated by the President.
(b)

Purpose of Program.—
The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors.
(c)

Eligibility for Compensation.—
The eligibility of covered employees for compensation under the compensation program shall be determined in accordance with the provisions of subtitle B as may be modified by a law enacted after the date of the submittal of the proposal for legislation required by section 3613.
SEC. 3612.
[42 U.S.C. 7384e]

ESTABLISHMENT OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND.
(a)

Establishment.—
There is hereby established on the books of the Treasury a fund to be known as the “Energy Employees Occupational Illness Compensation Fund” (in this title referred to as the “compensation fund”).
(b)

Amounts in Compensation Fund.—
The compensation fund shall consist of the following amounts:
(1)
Amounts appropriated to the compensation fund pursuant to the authorization of appropriations in section 3614(b).
(2)
Amounts transferred to the compensation fund under subsection (c).
(c)

Financing of Compensation Fund.—
Upon the exhaustion of amounts in the compensation fund attributable to the authorization of appropriations in section 3614(b), the Secretary of the Treasury shall transfer directly to the compensation fund from the General Fund of the Treasury, without further appropriation, such amounts as are further necessary to carry out the compensation program.
(d)

Use of Compensation Fund.—
Subject to subsection (e), amounts in the compensation fund shall be used to carry out the compensation program.
(e)

Administrative Costs Not Paid From Compensation Fund.—
No cost incurred in carrying out the compensation program, or in administering the compensation fund, shall be paid from the compensation fund or set off against or otherwise deducted from any payment to any individual under the compensation program.
(f)

Investment of Amounts in Compensation Fund.—
Amounts in the compensation fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the compensation fund.
SEC. 3613.
[42 U.S.C. 7384f]

LEGISLATIVE PROPOSAL.
(a)

Legislative Proposal Required.—
Not later than March 15, 2001, the President shall submit to Congress a proposal for legislation to implement the compensation program. The proposal for legislation shall include, at a minimum, the specific recommendations (including draft legislation) of the President for the following:
(1)
The types of compensation and benefits, including lost wages, medical benefits, and any lump-sum settlement payments, to be provided under the compensation program.
(2)
Any adjustments or modifications necessary to appropriately administer the compensation program under subtitle B.
(3)
Whether to expand the compensation program to include other illnesses associated with exposure to toxic substances.
(4)
Whether to expand the class of individuals who are members of the Special Exposure Cohort (as defined in section 3621(14)).
(b)

Assessment of Potential Covered Employees and Required Amounts.—
The President shall include with the proposal for legislation under subsection (a) the following:
(1)
An estimate of the number of covered employees that the President determines were exposed in the performance of duty.
(2)
An estimate, for each fiscal year of the compensation program, of the amounts to be required for compensation and benefits anticipated to be provided in such fiscal year under the compensation program.
SEC. 3614.
[42 U.S.C. 7384g]

AUTHORIZATION OF APPROPRIATIONS.
(a)

In General.—
Pursuant to the authorization of appropriations in section 3103(a), $25,000,000 may be used for purposes of carrying out this title.
(b)

Compensation Fund.—
There is hereby authorized to be appropriated $250,000,000 to the Energy Employees Occupational Illness Compensation Fund established by section 3612.
Subtitle B—

Program Administration
SEC. 3621.
[42 U.S.C. 7384l]

DEFINITIONS FOR PROGRAM ADMINISTRATION.
In this title:
(1)
The term “covered employee” means any of the following:
(A)
A covered beryllium employee.
(B)
A covered employee with cancer.
(C)
To the extent provided in section 3627, a covered employee with chronic silicosis (as defined in that section).
(2)
The term “atomic weapon” has the meaning given that term in section 11 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(d)).
(3)
The term “atomic weapons employee” means any of the following:
(A)
An individual employed by an atomic weapons employer during a period when the employer was processing or producing, for the use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling.
(B)
An individual employed—
(i)
at a facility with respect to which the National Institute for Occupational Safety and Health, in its report dated October 2003 and titled “Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer Facilities and Beryllium Vendor Facilities”, or any update to that report, found that there is a potential for significant residual contamination outside of the period in which weapons-related production occurred;
(ii)
by an atomic weapons employer or subsequent owner or operators of a facility described in clause (i); and
(iii)
during a period, as specified in such report or any update to such report, of potential for significant residual radioactive contamination at such facility.
(4)
The term “atomic weapons employer” means an entity, other than the United States, that—
(A)
processed or produced, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining and milling; and
(B)
is designated by the Secretary of Energy as an atomic weapons employer for purposes of the compensation program.
(5)
The term “atomic weapons employer facility” means a facility, owned by an atomic weapons employer, that is or was used to process or produce, for use by the United States, material that emitted radiation and was used in the production of an atomic weapon, excluding uranium mining or milling.
(6)
The term “beryllium vendor” means any of the following:
(A)
Atomics International.
(B)
Brush Wellman, Incorporated, and its predecessor, Brush Beryllium Company.
(C)
General Atomics.
(D)
General Electric Company.
(E)
NGK Metals Corporation and its predecessors, Kawecki-Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation of America.
(F)
Nuclear Materials and Equipment Corporation.
(G)
StarMet Corporation and its predecessor, Nuclear Metals, Incorporated.
(H)
Wyman Gordan, Incorporated.
(I)
Any other vendor, processor, or producer of beryllium or related products designated as a beryllium vendor for purposes of the compensation program under section 3622.
(7)
The term “covered beryllium employee” means the following, if and only if the employee is determined to have been exposed to beryllium in the performance of duty in accordance with section 3623(a):
(A)
A current or former employee (as that term is defined in section 8101(1) of title 5, United States Code) who may have been exposed to beryllium at a Department of Energy facility or at a facility owned, operated, or occupied by a beryllium vendor.
(B)
A current or former employee of—
(i)
any entity that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility; or
(ii)
any contractor or subcontractor that provided services, including construction and maintenance, at such a facility.
(C)
A current or former employee of a beryllium vendor, or of a contractor or subcontractor of a beryllium vendor, during a period when the vendor was engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy.
(8)
The term “covered beryllium illness” means any of the following:
(A)
Beryllium sensitivity as established by—
(i)
an abnormal beryllium lymphocyte proliferation test performed on either blood or lung lavage cells; or
(ii)
three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years.
(B)
Established chronic beryllium disease.
(C)
Any injury, illness, impairment, or disability sustained as a consequence of a covered beryllium illness referred to in subparagraph (A) or (B).
(9)
The term “covered employee with cancer” means any of the following:
(A)
An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee).
(B)
(i)
An individual with cancer specified in subclause (I), (II), or (III) of clause (ii), if and only if that individual is determined to have sustained that cancer in the performance of duty in accordance with section 3623(b).
(ii)
Clause (i) applies to any of the following:
(I)
A Department of Energy employee who contracted that cancer after beginning employment at a Department of Energy facility.
(II)
A Department of Energy contractor employee who contracted that cancer after beginning employment at a Department of Energy facility.
(III)
An atomic weapons employee who contracted that cancer after beginning employment at an atomic weapons employer facility.
(10)
The term “Department of Energy” includes the predecessor agencies of the Department of Energy, including the Manhattan Engineering District.
(11)
The term “Department of Energy contractor employee” means any of the following:
(A)
An individual who is or was in residence at a Department of Energy facility as a researcher for one or more periods aggregating at least 24 months.
(B)
An individual who is or was employed at a Department of Energy facility by—
(i)
an entity that contracted with the Department of Energy to provide management and operating, management and integration, or environmental remediation at the facility; or
(ii)
a contractor or subcontractor that provided services, including construction and maintenance, at the facility.
(12)
The term “Department of Energy facility” means any building, structure, or premise, including the grounds upon which such building, structure, or premise is located—
(A)
in which operations are, or have been, conducted by, or on behalf of, the Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval Nuclear Propulsion Program); and
(B)
with regard to which the Department of Energy has or had—
(i)
a proprietary interest; or
(ii)
entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services.
(13)
The term “established chronic beryllium disease” means chronic beryllium disease as established by the following:
(A)
For diagnoses on or after January 1, 1993, beryllium sensitivity (as established in accordance with paragraph (8)(A)), together with lung pathology consistent with chronic beryllium disease, including—
(i)
a lung biopsy showing granulomas or a lymphocytic process consistent with chronic beryllium disease;
(ii)
a computerized axial tomography scan showing changes consistent with chronic beryllium disease; or
(iii)
pulmonary function or exercise testing showing pulmonary deficits consistent with chronic beryllium disease.
(B)
For diagnoses before January 1, 1993, the presence of—
(i)
occupational or environmental history, or epidemiologic evidence of beryllium exposure; and
(ii)
any three of the following criteria:
(I)
Characteristic chest radiographic (or computed tomography (CT)) abnormalities.
(II)
Restrictive or obstructive lung physiology testing or diffusing lung capacity defect.
(III)
Lung pathology consistent with chronic beryllium disease.
(IV)
Clinical course consistent with a chronic respiratory disorder.
(V)
Immunologic tests showing beryllium sensitivity (skin patch test or beryllium blood test preferred).
(14)
The term “member of the Special Exposure Cohort” means a Department of Energy employee, Department of Energy contractor employee, or atomic weapons employee who meets any of the following requirements:
(A)
The employee was so employed for a number of work days aggregating at least 250 work days before February 1, 1992, at a gaseous diffusion plant located in Paducah, Kentucky, Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such employment—
(i)
was monitored through the use of dosimetry badges for exposure at the plant of the external parts of employee's body to radiation; or
(ii)
worked in a job that had exposures comparable to a job that is or was monitored through the use of dosimetry badges.
(B)
The employee was so employed before January 1, 1974, by the Department of Energy or a Department of Energy contractor or subcontractor on Amchitka Island, Alaska, and was exposed to ionizing radiation in the performance of duty related to the Long Shot, Milrow, or Cannikin underground nuclear tests.
(C)
(i)
Subject to clause (ii), the employee is an individual designated as a member of the Special Exposure Cohort by the President for purposes of the compensation program under section 3626.
(ii)
A designation under clause (i) shall, unless Congress otherwise provides, take effect on the date that is 30 days after the date on which the President submits to Congress a report identifying the individuals covered by the designation and describing the criteria used in designating those individuals.
(15)
The term “occupational illness” means a covered beryllium illness, cancer referred to in section 3621(9)(B), specified cancer, or chronic silicosis, as the case may be.
(16)
The term “radiation” means ionizing radiation in the form of—
(A)
alpha particles;
(B)
beta particles;
(C)
neutrons;
(D)
gamma rays; or
(E)
accelerated ions or subatomic particles from accelerator machines.
(17)
The term “specified cancer” means any of the following:
(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.
(C)
Renal cancers.
(D)
Leukemia (other than chronic lymphocytic leukemia), if initial occupation exposure occurred before 21 years of age and onset occurred more than two years after initial occupational exposure.
SEC. 3622.
[42 U.S.C. 7384m]

EXPANSION OF LIST OF BERYLLIUM VENDORS.
Not later than December 31, 2002, the President may, in consultation with the Secretary of Energy, designate as a beryllium vendor for purposes of section 3621(6) any vendor, processor, or producer of beryllium or related products not previously listed under or designated for purposes of such section 3621(6) if the President finds that such vendor, processor, or producer has been engaged in activities related to the production or processing of beryllium for sale to, or use by, the Department of Energy in a manner similar to the entities listed in such section 3621(6).
SEC. 3623.
[42 U.S.C. 7384n]

EXPOSURE IN THE PERFORMANCE OF DUTY.
(a)

Beryllium.—
A covered beryllium employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to beryllium in the performance of duty for the purposes of the compensation program if, and only if, the covered beryllium employee was—
(1)
employed at a Department of Energy facility; or
(2)
present at a Department of Energy facility, or a facility owned and operated by a beryllium vendor, because of employment by the United States, a beryllium vendor, or a contractor or subcontractor of the Department of Energy;
during a period when beryllium dust, particles, or vapor may have been present at such facility.
(b)

Cancer.—
An individual with cancer specified in subclause (I), (II), or (III) of section 3621(9)(B)(ii) shall be determined to have sustained that cancer in the performance of duty for purposes of the compensation program if, and only if, the cancer specified in that subclause was at least as likely as not related to employment at the facility specified in that subclause, as determined in accordance with the guidelines established under subsection (c).
(c)

Guidelines.—
(1)
For purposes of the compensation program, the President shall by regulation establish guidelines for making the determinations required by subsection (b).
(2)
The President shall establish such guidelines after technical review by the Advisory Board on Radiation and Worker Health under section 3624.
(3)
Such guidelines shall—
(A)
be based on the radiation dose received by the employee (or a group of employees performing similar work) at such facility and the upper 99 percent confidence interval of the probability of causation in the radioepidemiological tables published under section 7(b) of the Orphan Drug Act (42 U.S.C. 241 note), as such tables may be updated under section 7(b)(3) of such Act from time to time;
(B)
incorporate the methods established under subsection (d); and
(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 exposure, and other relevant factors.
(4)
In the case of an atomic weapons employee described in section 3621(3)(B), the following doses of radiation shall be treated, for purposes of paragraph (3)(A) of this subsection, as part of the radiation dose received by the employee at such facility:
(A)
Any dose of ionizing radiation received by that employee from facilities, materials, devices, or byproducts used or generated in the research, development, production, dismantlement, transportation, or testing of nuclear weapons, or from any activities to research, produce, process, store, remediate, or dispose of radioactive materials by or on behalf of the Department of Energy (except for activities covered by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note) pertaining to the Naval Nuclear Propulsion Program).
(B)
Any dose of ionizing radiation received by that employee from a source not covered by subparagraph (A) that is not distinguishable through reliable documentation from a dose covered by subparagraph (A).
(d)

Methods for Radiation Dose Reconstructions.—
(1)
The President shall, through any Federal agency (other than the Department of Energy) or official (other than the Secretary of Energy or any other official within the Department of Energy) that the President may designate, establish by regulation methods for arriving at reasonable estimates of the radiation doses received by an individual specified in subparagraph (B) of section 3621(9) at a facility specified in that subparagraph by each of the following employees:
(A)
An employee who was not monitored for exposure to radiation at such facility.
(B)
An employee who was monitored inadequately for exposure to radiation at such facility.
(C)
An employee whose records of exposure to radiation at such facility are missing or incomplete.
(2)
The President shall establish an independent review process using the Advisory Board on Radiation and Worker Health to—
(A)
assess the methods established under paragraph (1); and
(B)
verify a reasonable sample of the doses established under paragraph (1).
(e)

Information on Radiation Doses
) The Secretary of Energy shall provide, to each covered employee with cancer specified in section 3621(9)(B), information specifying the estimated radiation dose of that employee during each employment specified in section 3621(9)(B), whether established by a dosimetry reading, by a method established under subsection (d), or by both a dosimetry reading and such method.
(2)
The Secretary of Health and Human Services and the Secretary of Energy shall each make available to researchers and the general public information on the assumptions, methodology, and data used in establishing radiation doses under subsection (d). The actions taken under this paragraph shall be consistent with the protection of private medical records.
SEC. 3624.
[42 U.S.C. 7384o]

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.
(e)

Security Clearances.—
(1)
The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. The Secretary should, not later than 180 days after receiving a completed application, make a determination whether or not the individual concerned is eligible for the clearance.
(2)
For fiscal year 2007 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied.
(f)

Information.—
The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board access to any information that the Board considers relevant to carry out its responsibilities under this title, including information such as Restricted Data (as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy Act.
SEC. 3625.
[42 U.S.C. 7384p]

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.
[42 U.S.C. 7384q]

DESIGNATION OF ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.
(a)

Advice on Additional Members.—
(1)
The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.
(2)
The advice of the Advisory Board on Radiation and Worker Health under paragraph (1) shall be based on exposure assessments by radiation health professionals, information provided by the Department of Energy, and such other information as the Advisory Board considers appropriate.
(3)
The President shall request advice under paragraph (1) after consideration of petitions by classes of employees described in that paragraph for such advice. The President shall consider such petitions pursuant to procedures established by the President.
(b)

Designation of Additional Members.—
Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer 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)

Deadlines.—
(1)
Not later than 180 days after the date on which the President receives a petition for designation as members of the Special Exposure Cohort, the Director of the National Institute for Occupational Safety and Health shall submit to the Advisory Board on Radiation and Worker Health a recommendation on that petition, including all supporting documentation.
(2)
(A)
Upon receipt by the President of a recommendation of the Advisory Board on Radiation and Worker Health that the President should determine in the affirmative that paragraphs (1) and (2) of subsection (b) apply to a class, the President shall have a period of 30 days in which to determine whether such paragraphs apply to the class and to submit that determination (whether affirmative or negative) to Congress.
(B)
If the determination submitted by the President under subparagraph (A) is in the affirmative, the President shall also submit a report meeting the requirements of section 3621(14)(C)(ii).
(C)
If the President does not submit a determination required by subparagraph (A) within the period required by subparagraph (A), then upon the day following the expiration of that period, it shall be deemed for purposes of section 3621(14)(C)(ii) that the President submitted the report under that provision on that day.
(d)

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.
[42 U.S.C. 7384r]

SEPARATE TREATMENT OF CHRONIC SILICOSIS.
(a)

Sense of Congress.—
The Congress finds that employees who worked in Department of Energy test sites and later contracted chronic silicosis should also be considered for inclusion in the compensation program. Recognizing that chronic silicosis resulting from exposure to silica is not a condition unique to the nuclear weapons industry, it is not the intent of Congress with this title to establish a precedent on the question of chronic silicosis as a compensable occupational disease. Consequently, it is the sense of Congress that a further determination by the President is appropriate before these workers are included in the compensation program.
(b)

Certification by President.—
A covered employee with chronic silicosis shall be treated as a covered employee (as defined in section 3621(1)) for the purposes of the compensation program required by section 3611 unless the President submits to Congress not later than 180 days after the date of the enactment of this Act the certification of the President that there is insufficient basis to include such employees. The President shall submit with the certification any recommendations about the compensation program with respect to covered employees with chronic silicosis as the President considers appropriate.
(c)

Exposure to Silica in the Performance of Duty.—
A covered employee shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to silica in the performance of duty for the purposes of the compensation program if, and only if, the employee was present for a number of work days aggregating at least 250 work days during the mining of tunnels at a Department of Energy facility located in Nevada or Alaska for tests or experiments related to an atomic weapon.
(d)

Covered Employee With Chronic Silicosis.—
For purposes of this title, the term “covered employee with chronic silicosis” means a Department of Energy employee, or a Department of Energy contractor employee, with chronic silicosis who was exposed to silica in the performance of duty as determined under subsection (c).
(e)

Chronic Silicosis.—
For purposes of this title, the term “chronic silicosis” means a non-malignant lung disease if—
(1)
the initial occupational exposure to silica dust preceded the onset of silicosis by at least 10 years; and
(2)
a written diagnosis of silicosis is made by a medical doctor and is accompanied by—
(A)
a chest radiograph, interpreted by an individual certified by the National Institute for Occupational Safety and Health as a B reader, classifying the existence of pneumoconioses of category 1/0 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.
[42 U.S.C. 7384s]

COMPENSATION AND BENEFITS TO BE PROVIDED.
(a)

Compensation Provided.—
(1)
Except as provided in paragraph (2), a covered employee, or the survivor of that covered 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 medical benefits under section 3629 for that employee's occupational illness.
(c)

Beryllium Sensitivity Monitoring.—
An individual receiving beryllium sensitivity monitoring under this subsection shall receive the following:
(1)
A thorough medical examination to confirm the nature and extent of the individual's established beryllium sensitivity.
(2)
Regular medical examinations thereafter to determine whether that individual has developed established chronic beryllium disease.
(d)

Payment from Compensation Fund.—
The compensation provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612.
(e)

Payments in the case of deceased persons.—
(1)
In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee's occupational illness, such payment may be made only as follows:
(A)
If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(B)
If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment.
(C)
If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the covered employee who are living at the time of payment.
(D)
If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.
(E)
If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.
(F)
Notwithstanding the other provisions of this paragraph, if there is—
(i)
a surviving spouse described in subparagraph (A); and
(ii)
at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.
(2)
If a covered employee eligible for payment dies before filing a claim under this title, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.
(3)
For purposes of this subsection—
(A)
the “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual;
(B)
a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child;
(C)
a “parent” includes fathers and mothers through adoption;
(D)
a “grandchild” of an individual is a child of a child of that individual; and
(E)
a “grandparent” of an individual is a parent of a parent of that individual.
(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.
[42 U.S.C. 7384t]

MEDICAL BENEFITS.
(a)

Medical Benefits Provided.—
The United States shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness, which the President considers likely to cure, give relief, or reduce the degree or the period of that illness.
(b)

Persons Furnishing Benefits.—
(1)
These services, appliances, and supplies shall be furnished by or on the order of United States medical officers and hospitals, or, at the individual's option, by or on the order of physicians and hospitals designated or approved by the President.
(2)
The individual may initially select a physician to provide medical services, appliances, and supplies under this section in accordance with such regulations and instructions as the President considers necessary.
(c)

Transportation and Expenses.—
The individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies.
(d)

Commencement of Benefits.—
An individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this title.
(e)

Payment from Compensation Fund.—
The benefits provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612.
(f)

Effective Date.—
This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.
SEC. 3630.
[42 U.S.C. 7384u]

SEPARATE TREATMENT OF CERTAIN URANIUM EMPLOYEES.
(a)

Compensation Provided.—
An individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act (hereinafter in this section referred to as a “covered uranium employee”), or the survivor of that covered uranium employee if the employee is deceased, shall receive compensation under this section in the amount of $50,000.
(b)

Medical Benefits.—
A covered uranium employee shall receive medical benefits under section 3629 for the illness for which that employee received $100,000 under section 5 of that Act.
(c)

Coordination With RECA.—
The compensation and benefits provided in subsections (a) and (b) are separate from any compensation or benefits provided under that Act.
(d)

Payment from Compensation Fund.—
The compensation provided under this section and the compensation provided under section 5 of the Radiation Exposure Compensation Act, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612.
(e)

Payments in the case of deceased persons.—
(1)
In the case of a covered employee who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the covered employee's occupational illness, such payment may be made only as follows:
(A)
If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse.
(B)
If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the covered employee who are living at the time of payment.
(C)
If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the covered employee who are living at the time of payment.
(D)
If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the covered employee who are living at the time of payment.
(E)
If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment.
(F)
Notwithstanding the other provisions of this paragraph, if there is—
(i)
a surviving spouse described in subparagraph (A); and
(ii)
at least one child of the covered employee who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse,
then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is living and a minor at the time of payment.
(2)
If a covered employee eligible for payment dies before filing a claim under this title, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment.
(3)
For purposes of this subsection—
(A)
the “spouse” of an individual is a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual;
(B)
a “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child;
(C)
a “parent” includes fathers and mothers through adoption;
(D)
a “grandchild” of an individual is a child of a child of that individual; and
(E)
a “grandparent” of an individual is a parent of a parent of that individual.
(f)

Procedures Required.—
The President shall establish procedures to identify and notify each covered uranium employee, or the survivor of that covered uranium employee if that employee is deceased, of the availability of compensation and benefits under this section.
(g)

Effective Date.—
This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.
SEC. 3631.
[42 U.S.C. 7384v]

ASSISTANCE FOR CLAIMANTS AND POTENTIAL CLAIMANTS.
(a)

Assistance for Claimants.—
The President shall, upon the receipt of a request for assistance from a claimant under the compensation program, provide assistance to the claimant in connection with the claim, including—
(1)
assistance in securing medical testing and diagnostic services necessary to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and
(2)
such other assistance as may be required to develop facts pertinent to the claim.
(b)

Assistance for Potential Claimants.—
The President shall take appropriate actions to inform and assist covered employees who are potential claimants under the compensation program, and other potential claimants under the compensation program, of the availability of compensation under the compensation program, including actions to—
(1)
ensure the ready availability, in paper and electronic format, of forms necessary for making claims;
(2)
provide such covered employees and other potential claimants with information and other support necessary for making claims, including—
(A)
medical protocols for medical testing and diagnosis to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and
(B)
lists of vendors approved for providing laboratory services related to such medical testing and diagnosis; and
(3)
provide such additional assistance to such covered employees and other potential claimants as may be required for the development of facts pertinent to a claim.
(c)

Information From Beryllium Vendors and Other Contractors.—
As part of the assistance program provided under subsections (a) and (b), and as permitted by law, the Secretary of Energy shall, upon the request of the President, require a beryllium vendor or other Department of Energy contractor or subcontractor to provide information relevant to a claim or potential claim under the compensation program to the President.
SEC. 3632.
[42 U.S.C. 7384w]

SUBPOENAS; OATHS; EXAMINATION OF WITNESSES.
The Secretary of Labor, with respect to any matter under this subtitle, may—
(1)
issue subpoenas for and compel the attendance of witnesses;
(2)
administer oaths;
(3)
examine witnesses; and
(4)
require the production of books, papers, documents, and other evidence.
SEC. 3633.
[42 U.S.C. 7384w-1]

COMPLETION OF SITE PROFILES.
(a)

In General.—
To the extent that the Secretary of Labor determines it useful and practicable, the Secretary of Labor shall direct the Director of the National Institute for Occupational Safety and Health to prepare site profiles for a Department of Energy facility based on the records, files, and other data provided by the Secretary of Energy and such other information as is available, including information available from the former worker medical screening programs of the Department of Energy.
(b)

Information.—
The Secretary of Energy shall furnish to the Secretary of Labor any information that the Secretary of Labor finds necessary or useful for the production of such site profiles, including records from the Department of Energy former worker medical screening program.
(c)

Definition.—
In this section, the term “site profile” means an exposure assessment of a facility that identifies the toxic substances or processes that were commonly used in each building or process of the facility, and the time frame during which the potential for exposure to toxic substances existed.
(d)

Time Frames.—
The Secretary of Health and Human Services shall establish time frames for completing site profiles for those Department of Energy facilities for which a site profile has not been completed. Not later than March 1, 2005, the Secretary of Health and Human Services shall submit to Congress a report setting forth those time frames.
Subtitle C—

Treatment, Coordination, and Forfeiture of Compensation and Benefits
SEC. 3641.
[42 U.S.C. 7385]

OFFSET FOR CERTAIN PAYMENTS.
A payment of compensation to an individual, or to a survivor of that individual, under this title 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 for which compensation is payable under this title.
SEC. 3642.
[42 U.S.C. 7385a]

SUBROGATION OF THE UNITED STATES.
Upon payment of compensation under this title, 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.
[42 U.S.C. 7385b]

PAYMENT IN FULL SETTLEMENT OF CLAIMS.
Except as provided in subtitle E, the acceptance by an individual of payment of compensation under subtitle B with respect to a covered employee shall be in full satisfaction of all claims of or on behalf of that individual against the United States, against a Department of Energy contractor or subcontractor, beryllium vendor, or atomic weapons employer, or against any person with respect to that person's performance of a contract with the United States, that arise out of an exposure referred to in section 3641.
SEC. 3644.
[42 U.S.C. 7385c]

EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES AND AGAINST CONTRACTORS AND SUBCONTRACTORS.
(a)

In General.—
The liability of the United States or an instrumentality of the United States under this title with respect to a cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death related thereto of a covered employee is exclusive and instead of all other liability—
(1)
of—
(A)
the United States;
(B)
any instrumentality of the United States;
(C)
a contractor that contracted with the Department of Energy to provide management and operation, management and integration, or environmental remediation of a Department of Energy facility (in its capacity as a contractor);
(D)
a subcontractor that provided services, including construction, at a Department of Energy facility (in its capacity as a subcontractor); and
(E)
an employee, agent, or assign of an entity specified in subparagraphs (A) through (D);
(2)
to—
(A)
the covered employee;
(B)
the covered employee's legal representative, spouse, dependents, survivors and next of kin; and
(C)
any other person, including any third party as to whom the covered employee, or the covered employee's legal representative, spouse, dependents, survivors, or next of kin, has a cause of action relating to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death, otherwise entitled to recover damages from the United States, the instrumentality, the contractor, the subcontractor, or the employee, agent, or assign of one of them;
because of the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death in any proceeding or action including a direct judicial proceeding, a civil action, a proceeding in admiralty, or a proceeding under a tort liability statute or the common law.
(b)

Applicability.—
This section applies to all cases filed on or after the date of the enactment of this Act.
(c)

Workers' Compensation.—
This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law.
(d)

Applicability to Subtitle E.—
This section applies with respect to subtitle E to the covered medical condition or covered illness or death of a covered DOE contractor employee on the same basis as it applies with respect to subtitle B to the cancer (including a specified cancer), chronic silicosis, covered beryllium illness, or death of a covered employee.
SEC. 3645.
[42 U.S.C. 7385d]

ELECTION OF REMEDY FOR BERYLLIUM EMPLOYEES AND ATOMIC WEAPONS EMPLOYEES.
(a)

Effect of Tort Cases Filed Before Enactment of Original Law.—
(1)
Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) before October 30, 2000, such individual shall be eligible for compensation and benefits under subtitle B.
(2)
If such tort case remained pending as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, and such individual does not dismiss such tort case before December 31, 2003, such individual shall not be eligible for such compensation or benefits.
(b)

Effect of Tort Cases Filed Between Enactment of Original Law and Enactment of 2001 Amendments.—
(1)
Except as provided in paragraph (2), if an otherwise eligible individual filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, such individual shall not be eligible for such compensation or benefits.
(2)
If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation or benefits.
(3)
The last permissible date referred to in paragraph (2) is the later of the following dates:
(A)
April 30, 2003.
(B)
The date that is 30 months after the date the individual 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 under section 3623.
(c)

Effect of Tort Cases Filed After Enactment of 2001 Amendments.—
(1)
If an otherwise eligible individual files a tort case specified in subsection (d) after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual in such tort case.
(2)
If such a final court decision is not entered, such individual shall nonetheless not be eligible for such compensation or benefits, except as follows: If such individual dismisses such tort case on or before the last permissible date specified in paragraph (3), such individual shall be eligible for such compensation and benefits.
(3)
The last permissible date referred to in paragraph (2) is the later of the following dates:
(A)
April 30, 2003.
(B)
The date that is 30 months after the date the individual 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 under section 3623.
(d)

Covered Tort Cases.—
A tort case specified in this subsection is a tort case alleging a claim referred to in section 3643 against a beryllium vendor or atomic weapons employer.
(e)

Workers' Compensation.—
This section does not apply to an administrative or judicial proceeding under a State or Federal workers' compensation law.
SEC. 3646.
[42 U.S.C. 7385e]

CERTIFICATION OF TREATMENT OF PAYMENTS UNDER OTHER LAWS.
Compensation or benefits provided to an individual under this title—
(1)
shall be treated for purposes of the internal revenue laws of the United States as damages for human suffering; and
(2)
shall not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits.
SEC. 3647.
[42 U.S.C. 7385f]

CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; CHOICE OF REMEDIES.
(a)

Claims Not Assignable or Transferable.—
No claim cognizable under this title shall be assignable or transferable.
(b)

Choice of Remedies.—
No individual may receive more than one payment of compensation under subtitle B.
SEC. 3648.
[42 U.S.C. 7385g]

ATTORNEY FEES.
(a)

General Rule.—
Notwithstanding any contract, the representative of an individual may not receive, for services rendered in connection with the claim of an individual for payment of lump-sum compensation 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 for payment of lump-sum compensation; and
(2)
10 percent with respect to objections to a recommended decision denying payment of lump-sum compensation.
(c)

Inapplicability to Other Services.—
This section shall not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.
(d)

Penalty.—
Any such representative who violates this section shall be fined not more than $5,000.
SEC. 3649.
[42 U.S.C. 7385h]

CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment under this title 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 this title shall not affect any claim against an insurance carrier with respect to insurance or against any person with respect to worker's compensation.
SEC. 3650.
[42 U.S.C. 7385i]

FORFEITURE OF BENEFITS BY CONVICTED FELONS.
(a)

Forfeiture of Compensation.—
Any individual convicted of a violation of section 1920 of title 18, United States Code, or any other Federal or State criminal statute relating to fraud in the application for or receipt of any benefit under this title 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 this title 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)

formation.—
Notwithstanding section 552a of title 5, United States Code, or any other Federal or State law, an agency of the United States, a State, or a political subdivision of a State shall make available to the President, upon written request from the President and if the President requires the information to carry out this section, the names and Social Security account numbers of individuals confined, for conviction of a felony, in a jail, prison, or other penal institution or correctional facility under the jurisdiction of that agency.
SEC. 3651.
[42 U.S.C. 7385j]

COORDINATION WITH OTHER FEDERAL RADIATION COMPENSATION LAWS.
Except in accordance with section 3630, an individual may not receive compensation or benefits under the compensation program for cancer and also receive compensation under the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or section 1112(c) of title 38, United States Code.
SEC. 3652.
[42 U.S.C. 7385j-1]

SOCIAL SECURITY EARNINGS INFORMATION.
Notwithstanding the provision of section 552a of title 5, United States Code, or any other provision of Federal or State law, the Social Security Administration shall make available to the Secretary of Labor, upon written request, the Social Security earnings information of living or deceased employees who may have sustained an illness that is the subject of a claim under this title, which the Secretary of Labor may require to carry out the provisions of this title.
SEC. 3653.
[42 U.S.C. 7385j-2]

RECOVERY AND WAIVER OF OVERPAYMENTS.
(a)

In General.—
When an overpayment has been made to an individual under this title because of an error of fact or law, recovery shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the recovery is completed, recovery shall be made by decreasing later benefits payable under this title with respect to the individual's death.
(b)

Waiver.—
Recovery by the United States under this section may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.
(c)

Liability.—
A certifying or disbursing official is not liable for an amount certified or paid by him when recovery of the amount is waived under subsection (b) of this section, or when recovery under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
Subtitle D—

Assistance in State Workers' Compensation Proceedings2
SEC. 3661.
[42 U.S.C. 7385o]

AGREEMENTS WITH STATES.
(a)

Agreements Authorized.—
The Secretary of Energy (hereinafter in this section referred to as the “Secretary”) may enter into agreements with the chief executive officer of a State to provide assistance to a Department of Energy contractor employee in filing a claim under the appropriate State workers' compensation system.
^2
Section 3162(i) of Public Law 108–375 repealed subtitle D of this act.
(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 employment at a Department of Energy facility.
(c)

Submittal of Applications to Panels.—
If provided in an agreement under subsection (a), and if the Secretary determines that the applicant submitted reasonable evidence under subsection (b)(2), the Secretary shall submit the application to a physicians panel established under subsection (d). The Secretary shall assist the employee in obtaining additional evidence within the control of the Department of Energy and relevant to the panel's deliberations.
(d)

Composition and Operation of Panels.—
(1)
The Secretary shall inform the Secretary of Health and Human Services of the number of physicians panels the Secretary has determined to be appropriate to administer this section, the number of physicians needed for each panel, and the area of jurisdiction of each panel. The Secretary may determine to have only one panel.
(2)
(A)
The Secretary of Health and Human Services shall appoint panel members with experience and competency in diagnosing occupational illnesses under section 3109 of title 5, United States Code.
(B)
Each member of a panel shall be paid at the rate of pay payable for level III of the Executive Schedule for each day (including travel time) the member is engaged in the work of a panel.
(3)
A panel shall review an application submitted to it by the Secretary and determine, under guidelines established by the Secretary, by regulation, whether the illness or death that is the subject of the application arose out of and in the course of employment by the Department of Energy and exposure to a toxic substance at a Department of Energy facility.
(4)
At the request of a panel, the Secretary and a contractor who employed a Department of Energy contractor employee shall provide additional information relevant to the panel's deliberations. A panel may consult specialists in relevant fields as it determines necessary.
(5)
Once a panel has made a determination under paragraph (3), it shall report to the Secretary its determination and the basis for the determination.
(6)
A panel established under this subsection shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(e)

Assistance.—
If provided in an agreement under subsection (a)—
(1)
the Secretary shall review a panel's determination made under subsection (d), information the panel considered in reaching its determination, any relevant new information not reasonably available at the time of the panel's deliberations, and the basis for the panel's determination;
(2)
as a result of the review under paragraph (1), the Secretary shall accept the panel's determination in the absence of significant evidence to the contrary; and
(3)
if the panel has made a positive determination under subsection (d) and the Secretary accepts the determination under paragraph (2), or the panel has made a negative determination under subsection (d) and the Secretary finds significant evidence to the contrary—
(A)
the Secretary shall assist the applicant to file a claim under the appropriate State workers' compensation system based on the health condition that was the subject of the determination;
(B)
the Secretary thereafter—
(i)
may not contest such claim;
(ii)
may not contest an award made regarding such claim; and
(iii)
may, to the extent permitted by law, direct the Department of Energy contractor who employed the applicant not to contest such claim or such award,
unless the Secretary finds significant new evidence to justify such contest; and
(C)
any costs of contesting a claim or an award regarding the claim incurred by the contractor who employed the Department of Energy contractor employee who is the subject of the claim shall not be an allowable cost under a Department of Energy contract.
(f)

Information.—
At the request of the Secretary, a contractor who employed a Department of Energy contractor employee shall make available to the Secretary and the employee information relevant to deliberations under this section.
(g)

GAO Report.—
Not later than February 1, 2002, the Comptroller General shall submit to Congress a report on the implementation by the Department of Energy of the provisions of this section and of the effectiveness of the program under this section in assisting Department of Energy contractor employees in obtaining compensation for occupational illness.
Subtitle E—

Contractor Employee Compensation
SEC. 3671.
[42 U.S.C. 7385s]

DEFINITIONS.
In this subtitle:
(1)
The term “covered DOE contractor employee” means any Department of Energy contractor employee determined under section 3675 to have contracted a covered illness through exposure at a Department of Energy facility.
(2)
The term “covered illness” means an illness or death resulting from exposure to a toxic substance.
(3)
The term “Secretary” means the Secretary of Labor.
SEC. 3672.
[42 U.S.C. 7385s–1]

COMPENSATION TO BE PROVIDED.
Subject to the other provisions of this subtitle:
(1)

Contractor employees.—
A covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3673.
(2)

Survivors.—
After the death of a covered DOE contractor employee, compensation referred to in paragraph (1) shall not be paid. Instead, the survivor of that employee shall receive compensation as follows:
(A)
Except as provided in subparagraph (B), the survivor of that employee shall receive contractor employee compensation under this subtitle in accordance with section 3674.
(B)
In a case in which the employee's death occurred after the employee applied under this subtitle and before compensation was paid under paragraph (1), and the employee's death occurred from a cause other than the covered illness of the employee, the survivor of that employee may elect to receive, in lieu of compensation under subparagraph (A), the amount of contractor employee compensation that the employee would have received in accordance with section 3673 if the employee's death had not occurred before compensation was paid under paragraph (1).
SEC. 3673.
[42 U.S.C. 7385s–2]

COMPENSATION SCHEDULE FOR CONTRACTOR EMPLOYEES.
(a)

Compensation Provided.—
The amount of contractor employee compensation under this subtitle for a covered DOE contractor employee shall be the sum of the amounts determined under paragraphs (1) and (2), as follows:
(1)

Impairment.—
(A)
The Secretary shall determine—
(i)
the minimum impairment rating of that employee, expressed as a number of percentage points; and
(ii)
the number of those points that are the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility.
(B)
The employee shall receive an amount under this paragraph equal to $2,500 multiplied by the number referred to in clause (ii) of subparagraph (A).
(2)

Wage loss.—
(A)
The Secretary shall determine—
(i)
the calendar month during which the employee first experienced wage loss as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility;
(ii)
the average annual wage of the employee for the 36-month period immediately preceding the calendar month referred to in clause (i), excluding any portions of that period during which the employee was unemployed; and
(iii)
beginning with the calendar year that includes the calendar month referred to in clause (i), through and including the calendar year during which the employee attained normal retirement age (for purposes of the Social Security Act)—
(I)
the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage exceeded 50 percent of the average annual wage determined under clause (ii), but did not exceed 75 percent of the average annual wage determined under clause (ii); and
(II)
the number of calendar years during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage did not exceed 50 percent of the average annual wage determined under clause (ii).
(B)
The employee shall receive an amount under this paragraph equal to the sum of—
(i)
$10,000 multiplied by the number referred to in clause (iii)(I) of subparagraph (A); and
(ii)
$15,000 multiplied by the number referred to in clause (iii)(II) of subparagraph (A).
(b)

Determination of Minimum Impairment Rating.—
For purposes of subsection (a), a minimum impairment rating shall be determined in accordance with the American Medical Association's Guides to the Evaluation of Permanent Impairment.
SEC. 3674.
[42 U.S.C. 7385s–3]

COMPENSATION SCHEDULE FOR SURVIVORS.
(a)

Categories of Compensation.—
The amount of contractor employee compensation under this subtitle for the survivor of a covered DOE contractor employee shall be determined as follows:
(1)

Category one.—
The survivor shall receive the amount of $125,000, if the Secretary determines that—
(A)
the employee would have been entitled to compensation under section 3675 for a covered illness; and
(B)
it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the death of such employee.
(2)

Category two.—
The survivor shall receive the amount of $150,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 10 years, before the employee attained normal retirement age (for purposes of the Social Security Act), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under section 3673(a)(2)(A)(ii).
(3)

Category three.—
The survivor shall receive the amount of $175,000, if paragraph (1) applies to the employee and the Secretary also determines that there was an aggregate period of not less than 20 years, before the employee attained normal retirement age (for purposes of the Social Security Act), during which, as the result of any covered illness contracted by that employee through exposure to a toxic substance at a Department of Energy facility, the employee's annual wage did not exceed 50 percent of the average annual wage of that employee, as determined under section 3673(a)(2)(A)(ii).
(b)

One Amount Only.—
The survivor of a covered DOE contractor employee to whom more than one amount under subsection (a) applies shall receive only the highest such amount.
(c)

Determination and Allocation of Shares.—
The amount under subsection (a) shall be paid only as follows:
(1)
If a covered spouse is alive at the time of payment, such payment shall be made to such surviving spouse.
(2)
If there is no covered spouse described in paragraph (1), such payment shall be made in equal shares to all covered children who are alive at the time of payment.
(3)
Notwithstanding the other provisions of this subsection, if there is—
(A)
a covered spouse described in paragraph (1); and
(B)
at least one covered child of the employee who is living at the time of payment and who is not a recognized natural child or adopted child of such covered spouse,
then half of such payment shall be made to such covered spouse, and the other half of such payment shall be made in equal shares to each covered child of the employee who is living at the time of payment.
(d)

Definitions.—
In this section:
(1)
The term “covered spouse” means a spouse of the employee who was married to the employee for at least one year immediately before the employee's death.
(2)
The term “covered child” means a child of the employee who, as of the employee's death—
(A)
had not attained the age of 18 years;
(B)
had not attained the age of 23 years and was a full-time student who had been continuously enrolled as a full-time student in one or more educational institutions since attaining the age of 18 years; or
(C)
had been incapable of self-support.
(3)
The term “child” includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child.
SEC. 3675.
[42 U.S.C. 7385s–4]

DETERMINATIONS REGARDING CONTRACTION OF COVERED ILLNESSES.
(a)

Cases Determined Under Subtitle B.—
A determination under subtitle B that a Department of Energy contractor employee is entitled to compensation under that subtitle for an occupational illness shall be treated for purposes of this subtitle as a determination that the employee contracted that illness through exposure at a Department of Energy facility.
(b)

Cases Determined Under Former Subtitle D.—
In the case of a covered illness of an employee with respect to which a panel has made a positive determination under section 3661(d) and the Secretary of Energy has accepted that determination under section 3661(e)(2), or with respect to which a panel has made a negative determination under section 3661(d) and the Secretary of Energy has found significant evidence to the contrary under section 3661(e)(2), that determination shall be treated for purposes of this subtitle as a determination that the employee contracted the covered illness through exposure at a Department of Energy facility.
(c)

Other Cases.—
(1)
In any other case, a Department of Energy contractor employee shall be determined for purposes of this subtitle to have contracted a covered illness through exposure at a Department of Energy facility if—
(A)
it is at least as likely as not that exposure to a toxic substance at a Department of Energy facility was a significant factor in aggravating, contributing to, or causing the illness; and
(B)
it is at least as likely as not that the exposure to such toxic substance was related to employment at a Department of Energy facility.
(2)
A determination under paragraph (1) shall be made by the Secretary.
(d)

Applications by Spouses and Children.—
If a spouse or child of a Department of Energy contractor employee applies for benefits under this subtitle, the Secretary shall make a determination under this section with respect to that employee without regard to whether the spouse is a “covered spouse”, or the child is a “covered child”, under this subtitle.
SEC. 3676.
[42 U.S.C. 7385s–5]

APPLICABILITY TO CERTAIN URANIUM EMPLOYEES.
(a)

In General.—
This subtitle shall apply to—
(1)
a section 5 payment recipient who contracted a section 5 illness through a section 5 exposure at a section 5 facility, or
(2)
a section 5 uranium worker determined under section 3675(c) to have contracted a covered illness through exposure to a toxic substance at a section 5 mine or mill,
(or to the survivor of that employee, as applicable) on the same basis as it applies to a Department of Energy contractor employee determined under section 3675 to have contracted a covered illness through exposure to a toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable).
(b)

Definitions.—
In this section:
(1)
The term “section 5 payment recipient” means 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.
(2)
The terms “section 5 exposure”, “section 5 facility”, and “section 5 illness” mean the exposure, facility, and illness, respectively, to which an individual's status as a section 5 payment recipient relates.
(3)
The term “section 5 uranium worker” means an individual to whom subsection (a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly or by reason of subsection (a)(2)).
(4)
The term “section 5 mine or mill” means the mine or mill to which an individual's status as a section 5 uranium worker relates.
SEC. 3677.
[42 U.S.C. 7385s–6]

ADMINISTRATIVE AND JUDICIAL REVIEW.
(a)

Judicial Review.—
A person adversely affected or aggrieved by a final decision of the Secretary under this subtitle may review that order in the United States district court in the district in which the injury was sustained, the employee lives, the survivor lives, or the District of Columbia, by filing in such court within 60 days after the date on which that final decision was issued a written petition praying that such decision be modified or set aside. The person shall also provide a copy of the petition to the Secretary. Upon such filing, the court shall have jurisdiction over the proceeding and shall have the power to affirm, modify, or set aside, in whole or in part, such decision. The court may modify or set aside such decision only if the court determines that such decision was arbitrary and capricious.
(b)

Administrative Review.—
The Secretary shall ensure that recommended decisions of the Secretary with respect to a claim under this subtitle are subject to administrative review. The Secretary shall prescribe regulations for carrying out such review or shall apply to this subtitle the regulations applicable to recommended decisions under subtitle B.
SEC. 3678.
[42 U.S.C. 7385s–7]

PHYSICIANS SERVICES.
(a)

In General.—
The Secretary may utilize the services of physicians for purposes of making determinations under this subtitle.
(b)

Physicians.—
Any physicians whose services are utilized under subsection (a) of this section shall possess appropriate expertise and experience in the evaluation and determination of the extent of permanent physical impairments or in the evaluation and diagnosis of illnesses or deaths aggravated, contributed to, or caused by exposure to toxic substances.
(c)

Arrangement.—
The Secretary may secure the services of physicians utilized under subsection (a) of this section through the appointment of physicians or by contract.
SEC. 3679.
[42 U.S.C. 7385s–8]

MEDICAL BENEFITS.
A covered DOE contractor employee shall be furnished medical benefits specified in section 3629 for the covered illness to the same extent, and under the same conditions and limitations, as an individual eligible for medical benefits under that section is furnished medical benefits under that section.
SEC. 3680.
[42 U.S.C. 7385s–9]

ATTORNEY FEES.
Section 3648 shall apply to a payment under this subtitle to the same extent that it applies to a payment under subtitle B.
SEC. 3681.
[42 U.S.C. 7385s–10]

ADMINISTRATIVE MATTERS.
(a)

In General.—
The Secretary shall administer this subtitle.
(b)

Contract Authority.—
The Secretary may enter into contracts with appropriate persons and entities to administer this subtitle.
(c)

Records.—
(1)
(A)
The Secretary of Energy shall provide to the Secretary all records, files, and other data, whether paper, electronic, imaged, or otherwise, developed by the Secretary of Energy that are applicable to the administration of this subtitle, including records, files, and data on facility industrial hygiene, employment of individuals or groups, exposure and medical records, and claims applications.
(B)
In providing records, files, and other data under this paragraph, the Secretary of Energy shall preserve the current organization of such records, files, and other data, and shall provide such description and indexing of such records, files, and other data as the Secretary considers appropriate to facilitate their use by the Secretary.
(2)
The Secretary of Energy and the Secretary shall jointly undertake such actions as are appropriate to retrieve records applicable to the claims of Department of Energy contractor employees for contractor employee compensation under this subtitle, including employment records, records of exposure to beryllium, radiation, silica, or other toxic substances, and records regarding medical treatment.
(d)

Information.—
At the request of the Secretary, the Secretary of Energy and any contractor who employed a Department of Energy contractor employee shall, within time periods specified by the Secretary, provide to the Secretary and to the employee information or documents in response to the request.
(e)

Regulations.—
The Secretary shall prescribe regulations necessary for the administration of this subtitle. The initial regulations shall be prescribed not later than 210 days after the date of the enactment of this subtitle. The Secretary may prescribe interim final regulations necessary to meet the deadlines specified in this subtitle.
(f)

Transition Provisions.—
(1)
The Secretary shall commence the administration of the provisions of this subtitle not later than 210 days after the date of the enactment of this subtitle.
(2)
Until the commencement of the administration of this subtitle, the Department of Energy Physicians Panels appointed pursuant to subtitle D shall continue to consider and issue determinations concerning any cases pending before such Panels immediately before the date of the enactment of this subtitle.
(3)
The Secretary shall take such actions as are appropriate to identify other activities under subtitle D that will continue until the commencement of the administration of subtitle E.
(g)

Previous Applications.—
Upon the commencement of the administration of this subtitle, any application previously filed with the Secretary of Energy pursuant to subtitle D shall be considered to have been filed with the Secretary as a claim for benefits pursuant to this subtitle.
SEC. 3682.
[42 U.S.C. 7385s–11]

COORDINATION OF BENEFITS WITH RESPECT TO STATE WORKERS COMPENSATION.
(a)

In General.—
An individual who has been awarded compensation under this subtitle, and who has also received benefits from a State workers compensation system by reason of the same covered illness, shall receive compensation specified in this subtitle reduced by the amount of any workers compensation benefits, other than medical benefits and benefits for vocational rehabilitation, that the individual has received under the State workers compensation system by reason of the covered illness, after deducting the reasonable costs, as determined by the Secretary, of obtaining those benefits under the State workers compensation system.
(b)

Waiver.—
The Secretary may waive the provisions of subsection (a) if the Secretary determines that the administrative costs and burdens of implementing subsection (a) with respect to a particular case or class of cases justifies such a waiver.
(c)

Information.—
Notwithstanding any other provision of law, each State workers compensation authority shall, upon request of the Secretary, provide to the Secretary on a quarterly basis information concerning workers compensation benefits received by any covered DOE contractor employee entitled to compensation or benefits under this subtitle, which shall include the name, Social Security number, and nature and amount of workers compensation benefits for each such employee for which the request was made.
SEC. 3683.
[42 U.S.C. 7385s–12]

MAXIMUM AGGREGATE COMPENSATION.
For each individual whose illness or death serves as the basis for compensation or benefits under this subtitle, the total amount of compensation (other than medical benefits) paid under this subtitle, to all persons, in the aggregate, on the basis of that illness or death shall not exceed $250,000.
SEC. 3684.
[42 U.S.C. 7385s–13]

FUNDING OF ADMINISTRATIVE COSTS.
There is authorized and hereby appropriated to the Secretary for fiscal year 2005 and thereafter such sums as may be necessary to carry out this subtitle.
SEC. 3685.
[42 U.S.C. 7385s–14]

PAYMENT OF COMPENSATION AND BENEFITS FROM COMPENSATION FUND.
The compensation and benefits provided under this title, when authorized or approved by the President, shall be paid from the compensation fund established under section 3612.
SEC. 3686.
[42 U.S.C. 7385s–15]

OFFICE OF OMBUDSMAN.
(a)

Establishment.—
There is established in the Department of Labor an office to be known as the “Office of the Ombudsman” (in this section referred to as the “Office”).
(b)

Head.—
The head of the Office shall be the Ombudsman. The individual serving as Ombudsman shall be either of the following:
(1)
An officer or employee of the Department of Labor designated by the Secretary for purposes of this section from among officers and employees of the Department who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
(2)
An individual employed by the Secretary from the private sector from among individuals in the private sector who have experience and expertise necessary to carry out the duties of the Office specified in subsection (c).
(c)

Duties.—
The duties of the Office shall be as follows:
(1)
To provide information on the benefits available under this subtitle and subtitle B and on the requirements and procedures applicable to the provision of such benefits.
(2)
To provide guidance and assistance to claimants.
(3)
To make recommendations to the Secretary regarding the location of centers (to be known as “resource centers”) for the acceptance and development of claims for benefits under this subtitle and subtitle B.
(4)
To carry out such other duties with respect to this subtitle and subtitle B as the Secretary shall specify for purposes of this section.
(d)

Independent Office.—
The Secretary shall take appropriate actions to ensure the independence of the Office within the Department of Labor, including independence from other officers and employees of the Department engaged in activities relating to the administration of the provisions of this subtitle and subtitle B.
(e)

Annual Report.—
(1)
Not later than July 30 each year, the Ombudsman shall submit to Congress a report on activities under this subtitle and subtitle B.
(2)
Each report under paragraph (1) shall set forth the following:
(A)
The number and types of complaints, grievances, and requests for assistance received by the Ombudsman under this subtitle and subtitle B during the preceding year.
(B)
An assessment of the most common difficulties encountered by claimants and potential claimants under this subtitle and subtitle B during the preceding year.
(3)
The first report under paragraph (1) shall be the report submitted in 2006.
(4)
Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the Secretary shall submit to Congress in writing, and post on the public Internet website of the Department of Labor, a response to the report that—
(A)
includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by the Ombudsman in the report;
(B)
if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to correct those issues; and
(C)
if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the Secretary does not agree.
(f)

Outreach.—
The Secretary of Labor and the Secretary of Health and Human Services shall each undertake outreach to advise the public of the existence and duties of the Office.
(g)

National Institute for Occupational Safety and Health Ombudsman.—
In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B.
SEC. 3687.
[42 U.S.C. 7385s–16]

ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
(a)

Establishment.—
(1)
Not later than 120 days after the date of the enactment of this section, the President shall establish and appoint an Advisory Board on Toxic Substances 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 proper balance of perspectives from the scientific, medical, and claimant communities.
(3)
The President shall designate a Chair of the Board from among its members.
(b)

Duties.—
The Board shall—
(1)
advise the Secretary of Labor with respect to—
(A)
the site exposure matrices of the Department of Labor;
(B)
medical guidance for claims examiners for claims under this subtitle with respect to the weighing of the medical evidence of claimants;
(C)
evidentiary requirements for claims under subtitle B related to lung disease;
(D)
the work of industrial hygienists and staff physicians and consulting physicians of the Department and reports of such hygienists and physicians to ensure quality, objectivity, and consistency;
(E)
the claims adjudication process generally, including review of procedure manual changes prior to incorporation into the manual and claims for medical benefits; and
(F)
such other matters as the Secretary considers appropriate; and
(2)
coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health established under section 3624 to the extent necessary.
(c)

Staff and Powers.—
(1)
The President shall appoint a staff to facilitate the work of the Board. The staff of the Board 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 authorize the detail of employees of Federal agencies to the Board as necessary to enable the Board to carry out its duties under this section. The detail of such personnel may be on a nonreimbursable basis.
(3)
The Secretary may employ outside contractors and specialists to support the work of the Board.
(d)

Conflicts of Interest.—
No member, employee, or contractor of the Board shall have any financial interest, employment, or contractual relationship (other than a routine consumer transaction) with any person that has provided, or sought to provide during the two years preceding the appointment or during the service of the member, employee, or contractor under this section, goods or services related to medical benefits under this title.
(e)

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, and 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 Federal Government serving without pay.
(f)

Security Clearances.—
(1)
The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate.
(2)
The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance for an individual under this subsection, make a determination of whether or not the individual is eligible for the clearance.
(3)
For fiscal year 2016 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied.
(g)

Information.—
The Secretary of Energy and the Secretary of Labor shall each, in accordance with law, provide to the Board and the contractors of the Board, access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted Data (as defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information covered by section 552a of title 5, United States Code (commonly known as the “Privacy Act”). The Secretary of Labor shall make available to the Board the program’s medical director, toxicologist, industrial hygienist and program’s support contractors as requested by the Board.
(h)

Response to Recommendations.—
Not later than 60 days after submission to the Secretary of Labor of the Board’s recommendations, the Secretary shall respond to the Board in writing, and post on the public internet website of the Department of Labor, a response to the recommendations that—
(1)
includes a statement of whether the Secretary accepts or rejects the Board’s recommendations;
(2)
if the Secretary accepts the Board’s recommendations, describes the timeline for when those recommendations will be implemented; and
(3)
if the Secretary does not accept the recommendations, describes the reasons the Secretary does not agree and provides all scientific research to the Board supporting that decision.
(i)

Authorization of Appropriations.—
(1)

In general.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(2)

Treatment as discretionary spending.—
Amounts appropriated to carry out this section—
(A)
shall not be appropriated to the account established under subsection (a) of section 151 of title I of division B of Appendix D of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–251); and
(B)
shall not be subject to subsection (b) of that section.
(j)

Sunset.—
The Board shall terminate on the date that is 15 years after the date of the enactment of this section.