Congressional Record, Volume 146 Issue 61 (Wednesday, May 17, 2000)

[Congressional Record Volume 146, Number 61 (Wednesday, May 17, 2000)]
[House]
[Pages H3193-H3274]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FLOYD D. SPENCE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

The SPEAKER pro tempore. Pursuant to House Resolution 503 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 4205.

{time} 1229

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 4205) to authorize appropriations for fiscal year 2001 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for fiscal year
2001, and for other purposes, with Mr. Boehner in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from South Carolina (Mr. Spence) and
the gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
The Chair recognizes the gentleman from South Carolina (Mr. Spence).

{time} 1230

Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, on May 10, the Committee on Armed Services
reported this bill, H.R. 4205, on a strong bipartisan vote of 56 to 1.
This bill, the first defense authorization bill prepared for the new
millennium, makes a good start toward ensuring that America's military
can meet the challenges that lie ahead and ensure the safety and
security of all Americans well into the 21st century. However, it is
only a beginning, not an end.
In recent years, the committee has called attention to the problems
faced by the men and women who so proudly serve their country in
uniform. Serious readiness deficiencies and equipment modernization
shortfalls, made worse by longer and more frequent deployments away
from home, have placed increasing strains on a military that is still
being asked to do more with less. Moreover, the increasing use of
America's Armed Forces on missions where vital United States national
security interests are not at stake has reduced military readiness and
affected recruiting, retention and morale.
The defense bill before us today seeks to correct many of these
problems. It is the fifth year out of the last six in which Congress
has added to the administration's budget request. I am pleased to
report that, in real terms, after more than a decade of decline in
defense spending, this downward spiral has finally been halted.
Nevertheless, although this bill contains $309.9 billion for defense,
an increase of $4.5 billion over the administration's defense budget
request, a serious mismatch between requirements, forces and resources
continues to exist.
This bill seeks to address the most critical deficiencies faced by
our military today. While some would argue that the end of the Cold War
allows us to cut defense further, the bill we are debating today must
be seen in proper perspective. In reality, the level of resources we
devote to defense remains at an historically low level, roughly 3
percent of this Nation's gross domestic product. This is hardly an
exorbitant price to pay to defend our freedom, our values and our
national interests around the world.
Moreover, the threats we face today are in many ways more difficult
and challenging than those we faced during the Cold War. The increasing
number of states seeking to develop or acquire weapons of mass
destruction, chemical, biological, bacteriological and ballistic
missiles, against which we have no defense, poses a qualitatively new
set of challenges to our national security. Other threats are emerging;
new forms of terrorism, the outbreak of long suppressed ethnic
conflicts, and the spread of sophisticated military technologies to
potential adversaries.
While the United States remains the world's sole military superpower,
we need to adapt to the changing realities and threats that we face in
the new millennium. This requires a growing level of investment in the
tools and the people necessary to keep our country at least one step
ahead of any potential adversary.
As former Secretary of Defense James Schlesinger testified recently
before our committee, ``We are resting on our laurels as the sole
superpower.'' He noted that under the administration's current and
planned levels of defense funding, the United States would be unable to
sustain even our current level of military capability. ``This is

[[Page H3194]]

not a matter of opinion,'' he said, ``it is a matter of simple
arithmetic.''
In fact, the administration has underfunded the United States defense
effort for years. This year alone, the Joint Chiefs of Staff identified
nearly $6 billion in unfunded military requirements. Since last year,
the Chiefs' 5-year estimate of shortfalls has increased from $38
billion to $84 billion. The result of this chronic underfunding has
been an increase in risk to our country, risk to our interests, and
risk to the men and women who defend us. The time has come to reduce
that risk.
This year's debate over the defense budget highlighted a general
consensus that our defense spending has fallen too far too fast. During
the Committee on Armed Services' oversight hearing earlier this year,
the real debate revolved not around whether there is a defense
shortfall, but rather its size, magnitude and implications. Some
observers have characterized the current situation as a coming ``train
wreck.''
Mr. Chairman, this bill is designed to help put America's defenses
back on track. In overwhelmingly bipartisan fashion, the committee has
targeted increases to the administration's budget request on a series
of initiatives to improve readiness, modernize equipment, and enhance
quality of life for our Armed Forces. This bill represents a sound
approach to defense policy that bases the level of resources we provide
on the magnitude of the threats that we face. It is based on a strategy
that seeks to protect America's interests abroad and ensure America's
safety at home. This bill is tailored to provide the minimum level of
resources necessary to carry out our country's global responsibilities.
In a moment, my colleagues on the Committee on Armed Services will
discuss the improvements contained in this bill in greater detail.
However, I would like to take this opportunity to recognize the hard
work and support of the chairmen and ranking members of our committees
and subcommittees and the panels. Their strong leadership and
bipartisan commitment to ensuring the best for our service personnel
resulted in the bill that we have before us today. It is a tribute to
their dedication and commitment.
Finally, Mr. Chairman, and I would like to pay tribute to the
Committee on Armed Services staff. In my 6 years as committee chairman,
I and the other members of the committee have been fortunate to be able
to rely upon their expertise and professionalism. I thank them for
their tireless efforts and support of the committee and our Nation's
military.
Mr. Chairman, this is likely the last defense authorization bill I
will submit to the House as chairman of the Committee on Armed
Services. I have worked very hard to see to it that our military is
second to none, not second to one. I am proud of what we have
accomplished in this bill, and I believe it deserves the support of all
Members. I urge my colleagues to support it.
Mr. Chairman, I reserve the balance of my time.
Mr. SPRATT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise to support H.R. 4205, which is known as the
Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001. This is not only a good bill and deserves the support of the
people in this House, it is named for an outstanding American, the
chairman of Our Committee on Armed Services, who, through the years,
has done yeoman's work. As the gentleman mentioned a few moments ago,
this is the last time he will present as chairman the bill coming from
our committee. We thank him for his excellent leadership and
bipartisanship through the years.
Mr. Chairman, at the outset, I would like to thank the gentleman for
the work he did on this particular bill. All of us have worked hard on
it and it has been glued together quite well. I will talk of the
exceptions a moment later. But this bill would authorize $310 billion
for defense programs, including $13 billion for the Department of
Energy defense-related programs. It authorizes a funding level of $4.5
billion above the President's request, which, of course, was $13
billion above last year's level. The bill makes a number of vital
readiness and modernization improvements which will keep our forces the
best trained and best equipped in the world.
The bill also addresses important qualities of life issues that are
at the top of agenda for service members and their families. It gives a
much needed 3.7 percent pay raise, plus a number of key improvements in
the military health care system that will benefit service members and
their families as well as military retirees.
Mr. Chairman, last year was ``the Year of the Troops.'' Congress was
successful in enacting a number of pay and compensation reforms that
have helped to close the pay gap between the military and civilian
society that makes the military a more attractive career choice in a
difficult recruiting environment.
Mr. Chairman, this year is ``the Year of Health Care.'' I am pleased
that the bill provides a number of important health care reforms.
Foremost is the reform to the TRICARE pharmacy benefit. The bill's
provisions authorizing mail order, retail and non-network pharmacy
access for Medicare-eligible retirees goes a long way toward affording
greater health care access and affordability for military retirees. The
bill helps us keep the promise of lifetime health care made to those
service members.
Other major elements of the bill that are noteworthy include
provision of adequate funding to support the Army's transformation to a
lighter, more mobile force, the transition to the next generation of
Nimitz-class aircraft carriers, and continued funding for tactical
aircraft programs. This also makes significant investments in
information technology and information infrastructure.
I do, however, want to express my disappointment, Mr. Chairman, with
the language of the bill regarding the Island of Vieques. The best way
to ensure that the Navy will have access to this important training
area in the long run is to support the agreement worked out between the
President and the Governor of Puerto Rico. This agreement gives the
people of Vieques a voice in the future of the area and provides
economic incentives to allow the Navy to continue live fire training
there. The language in the Chairman's mark would do nothing short of
gutting that agreement.
I know that all of us here today care deeply about the readiness of
our Navy and Marine forces. I think it is fair to say there is
generally a shared desire that this range be returned to its previous
use. However, I believe that only through the implementation of the
agreement between the President and the Governor of Puerto Rico will
all sides to the dispute be accommodated and the range returned to the
use of the military. I fear that the language in this mark will cause
us to squander that opportunity, and I hope the Committee on Rules will
make in order my amendment to correct this ill-advised provision.
Also, Mr. Chairman, I wish to express my disappointment thus far that
the rule does not allow the amendment of the gentleman from Mississippi
(Mr. Taylor) regarding military retirees and Medicare subvention. More
about that later in the debate, but that is extremely important, and I
hope that the second rule will include it.
On balance, this is a good bill. I believe Members should support it.
I sincerely hope that the process under which the bill is considered
will permit the House to work its will on important issues such as
Medicare subvention and the Island of Vieques.
Mr. Chairman, I reserve the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield 5 minutes to the gentleman from
Virginia (Mr. Bateman), the chairman of our Subcommittee on Military
Readiness, and also the Merchant Marine Panel.
Mr. BATEMAN. Mr. Chairman, I thank the gentleman from South Carolina
for yielding me time.
Mr. Chairman, I rise in support of the National Defense Authorization
Act for Fiscal Year 2001, and am indeed very proud of the fact it is
being named for the chairman of our full committee.

{time} 1245

The committee has, once again, given the funding restraints it faced,
done an outstanding job in fulfilling its role of oversight of the
Department of Defense, and it has done its best to provide the
necessary funding to improve readiness of our military forces.
Does this bill contain enough funding to fix all of our readiness
problems?

[[Page H3195]]

Unfortunately, no. Does the funding recommended in this bill take us in
the right direction toward improving readiness? Absolutely.
Mr. Chairman, the administration began to publicly express concern
that military readiness was on the decline in October of 1998, though
my subcommittee found very serious readiness problems as early as 1996.
Since then, our military leaders have continued to report to Congress
that the annual budget requests are significantly short of critical
funding. Again, this year the budget request is over $16 billion short
in many critical areas. Unfortunately for our military, the
administration has once again provided a budget that is longer on
rhetoric than it is on substance.
To address the shortages in the budget request, the committee
carefully reviewed the unfunded requirements identified to us in the
Congress by the Joint Chiefs of Staff, or the members of the Joint
Chiefs of Staff. The committee review found that most of the unfunded
requirements for day-to-day military operations are spare parts, depot
maintenance and facility maintenance, accounts that should be fully
funded every year.
Due to the successful efforts of the gentleman from South Carolina
(Mr. Spence) and other Members of the committee, additional funds above
the budget requests were made available for many of these pressing
readiness imperatives.
I want to quickly outline those readiness areas of greatest concern
where we were able to increase the level of funding beyond the
President's request. The bill recommends an increase of $660 million
for real property maintenance; $257 million for depot maintenance; $204
million for ship depot maintenance; $157 million for training and
training range improvements; $91 million for war readiness materials so
our military can deploy more rapidly and efficiently; and $45 million
for deployment of spare parts for aircraft squadrons.
This bill provides for several readiness reporting initiatives that
will assist military leaders to ensure that we maintain the best-
trained, best-equipped and most effective force in the world. To do
anything less will allow the readiness of our military to slip further
and could risk the lives of countless men and women in every branch of
the service.
Mr. Chairman, H.R. 4205 is a responsible, meaningful bill that fairly
allocates resources for the sustainment of readiness and an improved
quality of life for the men and women of our military forces. I
strongly urge my colleagues to vote yes on this bill, vote yes to
maintain military readiness.
I would like to thank the gentleman from Texas (Mr. Ortiz), the
ranking minority member of the subcommittee and, in fact, thank all the
Members of the subcommittee who, throughout my tenure as its chairman,
have made it possible for us to operate in a thoroughly and totally
bipartisan manner. They have been truly partners in all that we have
done, and also to thank very deeply and sincerely the staff of the
subcommittee for their good work.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Sanchez), an outstanding member of our committee.
Ms. SANCHEZ. Mr. Chairman, as a member of the House Committee on
Armed Services, I rise in strong support of the national defense
authorization bill, H.R. 4205. I would like to thank the gentleman from
South Carolina (Mr. Spence) and my ranking member, the gentleman from
Missouri (Mr. Skelton) and the committee staff for all the hard work
they have done on this bill. This year's bill makes great strides
towards improving modernization, quality of life and military
readiness, all within the confines of the budget caps. One area I am
particularly pleased with are the improvements we have made to military
health care, and I would like to thank the gentleman from Indiana (Mr.
Buyer) and the gentleman from Hawaii (Mr. Abercrombie) for their
exemplary work addressing health care shortcomings, specifically the
TRICARE health care system and lack of permanent health care for the
military retirees.
Although this bill makes significant inroads, there is still a lot of
work that needs to be done. Recruiting and retention are becoming
problematic, with fewer seeing the call to duty during these prosperous
times. While this bill makes improvements in military compensation, do
the younger service members fully understand the value of their total
compensation, that beyond their basic pay? Benefits this Congress has
worked hard to provide, such as health care, housing and retirement,
have a significant value, and I hope that the Department of Defense
will do a better job informing service members of the value of these
and other benefits received.
Finally, I would like to bring attention to research and development
funding. The gentleman from Pennsylvania (Mr. Weldon) and the gentleman
from Virginia (Mr. Pickett) did heroic work in improving the R&D
accounts, specifically science and technology. R&D is the future of
this Nation's defense. We should not be stealing from our future to pay
for the current year's shortfalls.
R&D is critical in maintaining the technological edge for combatting
the growing and changing threats to this Nation's security. This bill
restores R&D accounts to acceptable levels.
In closing, I commend all the committee chairs, ranking members, the
staff for working within the confines of this budget resolution to
produce a bipartisan bill that goes a long way towards strengthening
our Nation's defense, and I urge my colleagues to support this bill.
Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the
gentleman from California (Mr. Calvert)
Mr. CALVERT. Mr. Chairman, I rise in support of H.R. 4205.
Mr. Chairman, I am in full support of this important legislation that
honors our men and women serving our nation's armed services. I believe
this bill properly addresses the needs of our servicemen and women by
providing needed quality of life programs and revamping the procurement
shortfalls our military has been suffering since the Kosovo campaign.
I am particularly thankful to Chairman Spence and the Armed Services
Committee for their continued support of the C-17 Globemaster. This
legislation contains language focusing on the aging C-141 aircraft
fleet and replacing this aircraft with C-17's. This legislation directs
the Secretary of the Air Force to consider placing C-17's at bases with
reserve units, especially those that could accommodate a reverse-
associated unit, like March Air Reserve Base in Riverside, CA.
Mr. Chairman, I believe this bill is good for U.S. servicemen and
women, good for the national security needs of our country and a sound
investment for the people of the United States.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Hunter), the chairman of our Subcommittee on Military
Procurement.
Mr. HUNTER. Mr. Chairman, I want to thank our chairman, the gentleman
from South Carolina (Mr. Spence), for whom the bill is named, and our
ranking member, the gentleman from Missouri (Mr. Skelton) for the great
bipartisan leadership that they gave us, and my great colleague and
partner, the gentleman from Virginia (Mr. Sisisky), who worked with me
on the Subcommittee on Military Procurement to try to do what was right
for the troops.
One thing that we derived from our hearings was that we are still
badly underfunded. Whether one ascribes to the GAO recommendation or
their evaluation that we are $20 billion to $30 billion per year
underfunded in modernization or Bill Perry, President Clinton's own
Secretary of Defense, that it is somewhere closer to $15 to $20
billion, or even former Secretary Jim Schlesinger that it may be close
to $100 billion per year short, we acknowledge that we are short, that
we need to modernize the force and we have a lot of programs that are
aging.
Now, we carried out a number of programs this year. It is a fairly
vast piece of the defense bill. A couple of things that we worked on
that were important were ammunition and precision munitions. We took
the lessons of Kosovo and the most recent conflicts in which precision
munitions, coupled with our tactical and long range aircraft and
stealth aircraft that provided great power projection, so we tried to
shore up the precision munition and ammunition accounts. We think that
is important.
We preserve the submarine option for the next President; that is, if
he feels that the 50 submarines that the administration is moving
toward attack submarines is not enough, that he can retain some of the
688s that were going

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to be decommissioned. So we left money in there for the early work on
refueling for the 688s, refuelings that would allow them to continue to
march, and also we left some early money in for changing the boomers,
the so-called boomers, or the ballistic missile submarines, to cruise-
missile carrying submarines. It gives us great power projection
capability.
We sustained those options for the next President, should he decide
to go in that direction.
We moved this extra money around and tried to solve as many of the
$16 billion in shortages that the services gave us as we could with the
money we had available.
I want to thank again the gentleman from Virginia (Mr. Sisisky) for
his great partnership and help in getting that done.
So I would say to my colleagues, I think we at least held the bar
without slipping this year. We need to put more money in next year. We
are at least treading water. We are still very short in the procurement
accounts, Mr. Chairman, but we are going to keep the wheels turning
with this budget.
I would urge all Members to vote for this bill.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Virginia (Mr. Sisisky), the ranking member of the Subcommittee on
Military Procurement.
(Mr. SISISKY asked and was given permission to revise and extend his
remarks.)
Mr. SISISKY. Mr. Chairman, first of all, I would like to congratulate
the chairman of the full committee. He has been chairman now, my
chairman, for 6 years. The love for the military and the love for his
State and his country has just shone through and I, on behalf of the
people that I represent, want to thank him for his service, and also to
the ranking member who has been very good and very easy to deal with.
I would like to follow the remarks of the gentleman from California
(Mr. Hunter) and say that I do not always find it easy to follow him,
and I mean that in the kindest way, but in this case he has laid out a
sound synopsis of the procurement title. As noted, we made a simple
rule to govern consideration of changes to the President's budget: What
does the military need? And that one question took precedence over all
other considerations.
No House Member can be unaware of the high operational tempo that
U.S. forces face around the globe. That tempo is hard for the troops,
hard for their families, and hard for the equipment as well. We took it
as a point of honor to give the military services what they told us
they needed, not in the complete dollars, because we did not have the
complete dollars, but I should note that in addition to an
administration request for over $60 billion for procurement, with $2.6
billion added from the Committee on the Budget allocations, Members
requested, that is, our Members here, $13 billion in potential add-ons.
Mr. Chairman, I compliment them on their devotion to national
security and, of course, also their creativity, as the gentleman from
California (Mr. Hunter) well knows. I am pleased to assure my
colleagues that the chairman and his staff were scrupulously fair in
dealing with the minority Members throughout this process, and I
believe that fairness is borne out by a lack of amendments seeking to
make major changes in the work of the Subcommittee on Military
Procurement.
I wish Americans who have a jaded view of Congress could see how this
subcommittee works. It is bipartisan and it is fair.
Finally, I would like to thank the many Members on both sides of the
aisle who voted to add funds, and that is the important thing to add
funds, to this year's defense bill. They made it possible for this
title to be both responsive to the needs of our service personnel and
responsible to the taxpayers who support them.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
Colorado (Mr. Hefley), who is the chairman of our Subcommittee on
Military Installations and Facilities.
Mr. HEFLEY. Mr. Chairman, let me say I have been through several
chairmen of this committee. I have been through chairmen that were
partisan. I have been through chairmen that were contentious. I have
never had a chairman like the gentleman from South Carolina (Mr.
Spence), who can finesse this thing with courtesy and respect for every
single Member of the committee, be they Democrat or Republican. I want
to say thanks to the gentleman from South Carolina (Mr. Spence) for the
way he has handled himself. He is a testimony of why we should not have
terms limits for committee chairmen.
Beyond that, down to business, I rise in strong support of H.R. 4205.
The authorizations for the military construction and military family
housing programs of the Department of Defense for the fiscal year 2001
contained in this legislation continue a strong bipartisan approach to
the efforts of this Congress to enhance living and working conditions
for military personnel and their families and to improve facilities
supporting the training and readiness of our armed forces.
I regret very much the lack of emphasis by the Department of Defense
on what the record, most of which was developed through taking
testimony from senior officials and the uniform leadership of the DOD
and the military departments, clearly indicates is a crying need. This
year's budget request continued the broad trend that began with fiscal
year 1996 MILCON program. The Department of Defense requested fewer
total dollars for these key infrastructure accounts that was enacted by
the Congress the year before. The department's budget request of $8.03
billion for the MILCON program was 4 percent below current spending
levels, and 5.5 percent below the levels authorized for appropriations
in the current fiscal year.

{time} 1300

More significantly, the budget request was 25 percent below the
funding level requested by the Department for fiscal year 1996.
While the Department of Defense has consistently underfunded the
military construction and military family housing programs, the House
has played a key bipartisan role in addressing the needs of military
personnel and their families.
In fact, just yesterday the House passed the Military Construction
Appropriations Act for the coming year by a vote of 386 to 22. The
gentleman from Ohio (Chairman Hobson) and I have worked very closely to
make sure our bills compliment each other, and I am grateful for his
cooperation and hard work on our common approach to the MILCON program.
H.R. 4205 would continue our efforts both to provide additional
investment in military infrastructure and to continue innovation in
facilities acquisition and management. The bill would commit
approximately $8.43 billion to the military construction and military
family housing programs for the coming fiscal year.
Although we all would prefer to do more, we recognize the imperative
to balance the unmet needs in the infrastructure arena with the
additional and growing list of unfunded modernization, readiness, and
personnel requirements confronting our military services.
In closing, I want to express again my appreciation to the members of
the subcommittee, especially the ranking member, the gentleman from
Mississippi (Mr. Taylor) and the committee who have contributed to our
work this session.
I want to also express my deep appreciation again to the gentleman
from South Carolina (Chairman Spence) for his steadfast efforts to
increase the defense budget, and his willingness to support significant
improvements in the MILCON program over the years.
This is truly a bipartisan effort, and I urge all of my colleagues to
support this bill without reservation. It is a bill we can be proud of.
Mr. PICKERING. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Chairman, I thank the gentleman for yielding time to
me.
Mr. Chairman, I rise in strong support of H.R. 4205, the National
Defense Authorization Act for fiscal year 2001. I want to specifically
address the provisions of the bill relating to military readiness.
First, I would like to express my personal appreciation to the
leadership of the Subcommittee on Military Readiness and my colleagues
on both the

[[Page H3197]]

subcommittee and the full committee for their active participation,
support, and cooperation in addressing critical readiness matters
during this accelerated session, and also to the staff for doing a
great job.
Let me say this, that even though the gentleman from South Carolina
(Chairman Spence) is not retiring, he will not be the chairman of this
Committee on Armed Services any longer but he will be a member of the
committee, and we value his leadership and his input as we continue to
address matters that pertain to service men and women.
My good friend, the gentleman from Virginia (Chairman Bateman) is
retiring, but we wish him the best and thank him for his leadership.
The readiness provisions in the bill reflect some of the steps that I
believe are necessary with the dollars available to make some of the
improvements needed. But it still does not provide all that is needed.
As I have said before, while the readiness of the force has shown some
improvements in some areas, we are nowhere close to getting where we
should be. Much more needs to be done if we are going to support our
forces with the equipment and material they deserve to perform the
missions that we require of them.
Also, I look forward to continuing to support the committee's effort
to address two areas that have been neglected for a number of years,
the readiness of our dedicated civilian employees and the modernization
of our failing infrastructure.
Mr. Chairman, the readiness provisions in this bill represent a step
in the right direction. They permit the Department to build upon the
improvements that have been started in an area that is crucial to our
national security.
I encourage my friends, all my colleagues, to vote for this bill. It
is a good bill. It will do a lot for our troops.
Mr. SPENCE. Mr. Chairman, I am pleased to yield 3 minutes to the
gentleman from Pennsylvania (Mr. Weldon), chairman of our Subcommittee
on Military Research and Development.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I thank the distinguished
gentleman from South Carolina and my colleague, chairman and leader,
for yielding time to me. I want to congratulate both he and the
gentleman from Missouri (Mr. Skelton) for an outstanding bill. It is
certainly appropriate that we have named it after the gentleman from
South Carolina (Chairman Spence). He is an outstanding patriot and
American.
I want to pay tribute to the ranking member, the gentleman from
Virginia (Mr. Pickett). This is also his last bill, a distinguished
patriot and a tireless advocate for the military, especially the Navy.
He has been an outstanding co-director with me of our Subcommittee on
Military Research and Development for 6 years. I am proud of the fact
that in 6 years, Mr. Chairman, we have not had one split vote.
In all of our deliberations, in everything that is said about how
Congress cannot get along, I think our subcommittee has demonstrated
that we can work together. Even when there are disagreements, we try to
find common ground. Even where there are funding disputes, we try to
resolve those issues.
I extend my thanks to the distinguished gentleman from Virginia (Mr.
Pickett) for his cooperation and leadership. The people of Virginia
will surely miss his leadership on these issues and other issues.
The chairman of the committee has done a great job in getting us some
extra money. In the R&D area, we have been able to plus up the R&D
portion of our bill by $1.4 billion over the President's request that
has allowed us to fund things like cyberterrorism, information
dominance, missile defense systems like THAAD, Navy area-wide, Navy
upper tier.
We have been able to increase funding for technologies dealing with
weapons of mass destruction, chemical and biological agents. Because of
his leadership, we were able to increase funding for the basic research
accounts, the 6-1, 6-2, and 6-3 account lines. That would not have
happened without the chairman's leadership.
Mr. Chairman, we also have in this bill very important language that
we worked out with the Permanent Select Committee on Intelligence
asking that the CIA, the Defense Department, and the FBI come together
in creating a national data fusion center so we can have an information
intelligence capability in the 21st century that allows us to do data
profiling, profiling of leaders, rogue groups, terrorist nations, to
allow us to make the right decisions.
I want to thank my colleague and friend, the gentleman from New
Jersey (Mr. Andrews). He has been one of our shining stars in the
subcommittee in the area of cyberterrorism. I will be supporting him on
legislation that he intends to offer on this bill later on in the
process.
Mr. Chairman, this is a good bill. It is not as far as we would like
to have gone, because we have shortfalls of dollars, but the chairman
has done a commendable job and given us our basic support to meet the
basic needs, albeit not all needs, of the military.
I applaud the chairman for the work he has done and the way he has
done it, allowing Democrats and Republicans to work together without
having significant dissension. In fact, our vote on the bill was the
most bipartisan lopsided vote we have ever had, if I am not mistaken,
in the history of the Committee on Armed Services. I think there was
only one Member that actually voted against the bill when it came out
of the committee. That is a tribute to the gentleman from South
Carolina (Chairman Spence) and to the gentleman from Missouri (Mr.
Skelton).
I thank the chairman. Again I look forward to working with the
chairman on the amendment process. All of our colleagues should support
this bill without hesitation. It is a good bill. It provides for basic
support for our troops. It does not solve all the dollar questions. The
next administration is going to have a terrible problem trying to
rectify those issues, but there is a good start. I urge my colleagues
to vote yes.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Virginia (Mr. Pickett).
Mr. PICKETT. Mr. Chairman, I thank the gentleman for yielding time to
me, and rise in strong support of H.R. 4205.
Also, I congratulate the gentleman from South Carolina (Chairman
Spence) and ranking member, the gentleman from Missouri (Mr. Skelton),
for their leadership in putting together an excellent authorization
bill.
Let me also thank the gentleman from Pennsylvania (Mr. Weldon), the
chairman of the Subcommittee on Military Research and Development, for
his leadership in that portion of the bill. As ranking member on this
panel, it has been a pleasure to work with him.
With additional resources provided for each of the services and the
various defense-wide accounts, this legislation, in my estimation,
brings us one step closer to fielding a lighter, leaner, stealthier,
more mobile, more precise, and more lethal military capability.
The actions proposed in H.R. 4205 will mean that leap-ahead
technologies will be fielded sooner, and that the investment strategy
embraced will enable our Nation to field a robust force with a better
chance of avoiding technological surprise in the future.
Let me particularly commend the gentleman from Pennsylvania (Chairman
Weldon) for supporting additional resources for Apache upgrades, Navy
theater-wide accounts, and a precision-guided miniaturized munitions
capability for future air-to-ground missions.
These initiatives will leverage other programs funded at the levels
requested by the administration. I am, of course, speaking of programs
such as DD-21, Joint Strike Fighter, F-22, Chinook, Comanche, and
LOSAT, just to name a few.
I am also pleased to report that the committee has authorized the
full budget requested for all advanced concept technology
demonstrations. These demonstrations offer significant promise for
fielding improved capabilities in a timely fashion.
I urge my colleagues to vote for this bill. A vote in the affirmative
will be a

[[Page H3198]]

vote in favor of all U.S. uniformed personnel and in support of
fielding a technologically superior military capability.
Mr. SPENCE. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana (Mr. Buyer), the chairman of our Subcommittee on Military
Personnel.
Mr. BUYER. Mr. Chairman, I thank the gentleman from South Carolina,
the chairman, for yielding time to me.
Mr. Chairman, I rise in strong support of H.R. 4205. This bill
addresses many of the most difficult national security challenges
facing the Nation.
In particular, the military personnel titles of H.R. 4205 meet two
major national security challenges head on. First, it reforms the
military health care system so it can promote, not detract, from
readiness, recruiting, and retention. The bill breaks down numerous
barriers to access for active and retired military individuals and
their families, and it restores access to a nationwide prescription
drug benefit for 1.4 million military retirees over the age of 65.
It sets the stage for providing Medicare-eligible military retirees a
permanent health care program in fiscal year 2004, and adds more than
$280 million to the defense health programs to fund new benefits. It
also promotes reforms that will save more than $500 million over 5
years.
The Subcommittee on Military Personnel conducted hearings, and what
we learned was that in TRICARE, it is costing us $78 a claim to process
that claim. When we have 39 million claims, that is a lot of money. In
Medicare, it costs us 80 cents to $1 to process one claim, so just do
the easy math. Over a 5-year period, if we actually can get them to
enact the best business practices and move to online billing, we can
save over $500 million, and take those monies and pour them back into
the health program. It is the right thing. It is pretty exciting that
we are able to do this.
The bill also aggressively attacks the major challenge of sustaining
the viability of America's all volunteer military force. Therefore, the
bill contains numerous recommendations for improved pay, bonuses,
benefits, that continue the broad-based approach that Congress
undertook last year.
We also target certain specific problems like recruiting and
retention, and with regard to the food stamp program.
In short, this bill provides a strong, comprehensive set of
initiatives that go to the heart of fixing some of the toughest
problems confronting our military today. I urge all Members to support
the bill.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I want to take this opportunity to compliment the
gentleman from Indiana (Mr. Buyer), particularly on that part of the
markup involving prescription drugs and the work the gentleman did
overall to help this move forward. Of course, we do not agree on
whether it went far enough, but I compliment the gentleman on a major
step in that direction. We thank the gentleman for that.
Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr.
Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank the ranking member for yielding
time to me.
I am very pleased and honored to rise in support of the aptly named
Floyd D. Spence defense authorization bill. I congratulate our chairman
on his service to our country. I thank my friend and ranking member,
the gentleman from Missouri (Mr. Skelton), for his leadership.
I also extend, as a member of the Subcommittee on Military Research
and Development, my appreciation to the gentleman from Pennsylvania
(Chairman Weldon) and the ranking member, the gentleman from Virginia
(Mr. Pickett).
Throughout our history, when things seemed to be most safe for our
country, we seemed to get into the most trouble. When we seem to be at
the apex of our power, we seem to be most subject to risk. I believe
that this bill, which is worthy of support, moves us in a direction of
avoiding that mistake this time.
The world is not placid and we are not secure if we ignore the need
to provide for the common defense. This bill does that in three very
important ways. First, it does provide for nearly $40 billion in
research and development funds that will assure us that the best
technology deployed in the most intelligent way will be at our disposal
for years to come.
Second, it recognizes that the most important aspect of our armed
forces and defense structure is the people who work in those forces.
Keeping those people is a function of what we pay them and how we
retain them. The increase in pay, the steps forward in benefits for
retirees, are important, positive steps in that direction. I salute the
committee for that.
I would urge the committee to later accommodate the Medicare
subvention proposal of the gentleman from Mississippi (Mr. Taylor) in
the second rule.
Finally, I am pleased that this legislation includes legislation that
I, along with the gentleman from Pennsylvania (Chairman Weldon),
introduced that will provide us protection against cyberterrorist
attacks in our most vulnerable places, the air traffic control system,
the banking system, the 911 system.
For the first time, this bill contains language that provides for a
modest loan guarantee program that will help the private sector provide
protection against those risks. I support the bill.

{time} 1315

Mr. SPENCE. Mr. Chairman, I yield 2 minutes to the gentleman from New
York (Mr. McHugh), who is chairman of the MWR panel. For those who do
not know what that means, that is the Morale, Welfare and Recreation
panel.
Mr. McHUGH. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, let me begin by adding my words of deep admiration and
appreciation to Chairman Spence. This naming of the bill in his honor
is the most appropriate act. Frankly, it does not even begin to reflect
the dedication that he has brought to the committee and to its efforts,
and I salute him.
I also want to thank our ranking member, the gentleman from
Massachusetts (Mr. Meehan), and the ranking member of the full
committee, the gentleman from Missouri (Mr. Skelton), and their never-
ending, untiring efforts to working in a bipartisan way to produce
what, as we are hearing on this floor today, is a very, very fine bill.
As the Chair mentioned, I want to discuss for a moment the provisions
in the bill that do pertain to morale, welfare and recreation
activities of the Department of Defense and the military service.
I think it is fair to say that all Members of this great body support
their troops and their families, and that certainly is a very, very
good thing. We can make a difference in the lives of young military
families from each of our districts, as well as retirees across the
country by supporting this bill.
The legislation takes decisive action to protect a critical and
highly-valued benefit for our troops, namely the commissaries. Lost in
the discussions about food stamps is the fact that each military base
operates a grocery store that sells name-brand products to our military
men and women at substantial discounts.
This long-standing military benefit has been endangered by a serious
lack of funding for store modernization. It was primarily caused by the
insidious drains on the building fund initiated by the Pentagon. This
bill firmly shuts those loopholes and protects the commissary benefit
well into the future.
Mr. Chairman, the committee has also included other measures as well,
that serve notice on the Department of Defense that inadequate defense
budgets cannot be shorn up by using funds that properly belong to the
troops.
This is an issue that has been a continuing battle and that all of us
on the committee have championed and through the adoption of this bill.
It is a fight we can effectively wage in the future.
Mr. Chairman, I urge my colleagues to support this bill.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the distinguished
gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, let me begin by
complimenting the gentleman from South Carolina (Chairman Spence). I
think it is very appropriate that the bill is named after him. He is
truly a gentleman who has been a great patriot and a great Congressman.

[[Page H3199]]

The bill overall does a heck of a lot of good things. The bill,
unfortunately, fails to address adequately the problem of dealing with
health care fraud and the Nation's military retirees. It is for that
reason that eight of us, Democrats and Republicans alike, went to the
Committee on Rules and asked for an opportunity to have an up or down
vote on the prospect of Medicare subvention for our Nation's military
retirees.
Unfortunately, the Committee on Rules has failed to even vote on
that. For the citizens who are watching, we have but one chance a year
to change that. Medicare subvention involves Medicare. It involves
something going out of the Committee on Commerce, and it involves Armed
Services. So we really only have one chance a year to address that, and
that is today.
Mr. Chairman, and it is for that reason if by 2 p.m., the Committee
on Rules has not ruled on this amendment and giving the Members an
opportunity to vote on it, I will begin a series of procedural moves to
tie up the House of Representatives, because all we are asking for is
for the sake of those people who served our Nation so well for 20 years
or more in horrible places away from their families, all we are asking
for is the opportunity for 435 Members of Congress to decide whether or
not we are going to improve their health benefits and give them what
they were promised.
We just want an up or down vote, and this is the only chance we get
all year long to do that. If we do not get it today, we do not get it
at all; otherwise, it is a wonderful bill.
I am looking forward to the opportunity that once we further address
health care needs for military retirees, to support it. But until then,
we want an up or down vote of giving to our Nation's military retirees
that what was promised to them so many years ago.
Mr. SPENCE. Mr. Chairman, I yield 30 seconds to the gentleman from
Indiana (Mr. Buyer).
Mr. BUYER. Mr. Chairman, I have great respect for the gentleman that
just spoke, but I extend my even greater admiration to the chairman of
the full committee, who extended the ability of this committee to
finally put our arms around all of those demo programs.
This bill provides the road map actually to extend and remove these
barriers and extend that benefit the military retiree is entitled to.
Any Member can stand in this well and embrace the military retiree and
the Veteran, it is easy. But how do we finally put our arms around all
of these demos and actually deliver the right program that is in the
best interests? That is what this bill lays out, the road map, and I
thank the chairman for giving me the ability to do that.
Mr. SKELTON. Mr. Chairman, I reserve the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from
Alabama (Mr. Riley).
Mr. RILEY. Mr. Chairman, I rise today to voice my strong support of
H.R. 4205, the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001.
Before I speak to the bill itself, I feel it is important to
recognize the outstanding work of six very distinguished Members of our
Committee on Armed Services. We will certainly miss the gentleman from
Ohio (Mr. Kasich), the gentleman from Virginia (Mr. Bateman), the
gentleman from Missouri (Mr. Talent), the gentleman from Virginia (Mr.
Pickett) and the gentlewoman from Florida (Mrs. Fowler). I applaud
their great work and their tireless work on behalf of the men and women
in uniform, and I wish them the very best.
Mr. Chairman, I believe it is fitting that this bill will bear the
name of our distinguished chairman, the gentleman from South Carolina
(Mr. Spence). He has guided us through recent lean years and his
leadership and tenacity has resulted in our men and women in uniform
ending up every year more than what had been proposed at the outset.
Some have been quick to scream pork, but everyone on this committee,
Mr. Chairman, knows what shape our military would be in if those
funding victories had not been won.
Mr. Chairman, I applaud the gentleman from South Carolina (Chairman
Spence), the subcommittee chairman and their staffs for the hard work
they put in to securing the $4.5 billion additional funding.
I urge my colleagues to support this bill, and I appreciate the
chairman for yielding me the time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to talk about the young men and the young
women in uniform. Largely based upon what the gentleman from
Mississippi (Mr. Taylor) has said, this is one time a year when we
consider the defense bill. It is our time to tell them, through our
words and through our votes, that they are important to us; that those
in uniform who sacrificed daily, hard training away from home, away
from family, pay could probably be better, although we have done better
here in Congress lately, all of those items cause us to have the deep
admiration for the young men and women in uniform.
True, there are series challenges when it comes to recruiting and
serious challenge when it comes to retention, but I hope this bill this
year will give added confidence to those who are considering joining
the military and to those who are in the military to look at as
possible because they are so important to our country, so important to
the future of this grand democracy and this land that is known as the
grandest civilization ever known in the history of mankind.
But I have a concern, Mr. Chairman, that because of the victory in
the Cold War, because fewer and fewer families are being touched by
sons and daughters and cousins and aunts and uncles who wear the
uniform, that the fact that there is a need for a strong national
security might be out of sight, out of mind.
So this is our one chance to say on this floor to those folks who
serve us well, whether they be in Bosnia, Kosovo, aboard ship, in the
Far East or here in one of the posts or camps or bases in this country,
that we appreciate their efforts; that we hope that the work that we do
today will meet with their approval; that they will continue to serve
and those that are considering serving will think possibly upon the
challenges of the military.
Mr. Chairman, it is a true opportunity for those of us who serve on
this committee to work with and for the young people. And many of us
make trips to visit with them aboard the ship at the post, the bases. I
had the opportunity along with my wife, Susie, to have Thanksgiving
dinner in Bosnia and Kosovo with the young folks, and they are
tremendous.
The morale is good. We hope to keep those folks doing what they do so
well for our country, and this is our one chance in this bill, this
bill named after the gentleman from South Carolina (Mr.
Spence), our chairman, that we can give added confidence to
those young people who are in uniform to let them know that we work
with them and for them, and that we wish them continued success as they
serve the United States of America.
Mr. Chairman, I reserve the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to another good member of
our committee, an able Member, the gentleman from Pennsylvania (Mr.
Pitts).
Mr. PITTS. Mr. Chairman, I rise in strong support of the Floyd D.
Spence National Defense Authorization Act. Over the past 8 years, the
current administration has not only cut defense spending in our
military, the readiness of our force has been permitted to deteriorate.
This is unfortunate. It is unacceptable.
Thankfully, the defense authorization bill today before us continues
the Congress' effort to rebuild our military and improve the quality of
life of our military personnel and their families.
Specifically, I am pleased that this bill authorizes funding for
several electronic warfare initiatives, which is very important to the
defense of our aircraft, most notably, the funding for upgrades in the
EA-6B Prowler. The Prowler fleet is over-committed and aging fast.
Maintenance is frequently deferred.
Mr. Chairman, the U.S. military supremacy in the 21st century
promises to be even more dependent upon control of the EW spectrum,
than it was in the past few decades. Unfortunately, EW requirements are
often overlooked, and this is not the case in this authorization bill.

[[Page H3200]]

I thank the gentleman from South Carolina (Chairman Spence) for his
support of the vital electronic warfare assets and capabilities in this
bill, and I urge support of the bill.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Connecticut (Mr. Larson).
Mr. LARSON. Mr. Chairman, I rise in support of this legislation. And
I want to commend our distinguished chairman, the gentleman from South
Carolina (Mr. Spence) and, of course, the great leadership of the
gentleman from Missouri (Mr. Skelton) as well.
This is an important bill in so many respects, but I rise this
afternoon concerned about a very important segment, a segment that
addresses the concern of veterans and their health care and the
benefits that they so richly have earned and deserved.
This committee has distinguished itself in the nature of its
bipartisan accord and the way that we have been able to come together
around important issues that concern this Nation's defense and the
quality of life that is needed within our military.
But at the heart of what this committee has stood for is a morale
commitment to those men and women who wear the uniforms. I stand in
support of this bill and hope that we address the concerns raised by
the gentleman from Mississippi (Mr. Taylor).
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from the
Georgia (Mr. Chambliss).
(Mr. CHAMBLISS asked and was given permission to revise and extend
his remarks.)
Mr. CHAMBLISS. Mr. Chairman, I rise in strong support of the Floyd
Spence National Defense Authorization Act. Mr. Chairman, for 7 years,
America's Armed Forces has suffered the strain of doing more with less.
Funding shortfalls have left a legacy of readiness problems that plague
our military on a daily basis.
This bill not only provides a pay raise for our troops, but we
enhance health care benefits and improve the quality of life for our
military men and women and their families who sacrificed daily to
protect and defend America's freedom.
Mr. Chairman, we must invest in technologically-advanced equipment
that our soldiers, sailors and airmen will need to meet the national
security challenges of the 21st century. Aircraft like JSTARS, the C-
17, C-130J and the F-22 are critical platforms that will help ensure
successful military missions from Korea to Kosovo.

{time} 1330

Every day our military men and women risk their lives to provide us
with peace of mind and a safe Nation. It is crucial we repay their
sacrifices by providing them with the resources and supports they
deserve. After all, the price of freedom is eternal vigilance, and this
bill is critical to meeting that challenge. I urge my colleagues to
support this very important bill.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New York (Mr. Sweeney).
(Mr. SWEENEY asked and was given permission to revise and extend his
remarks.)
Mr. SWEENEY. Mr. Chairman, I want to thank the ranking member, the
gentleman from Missouri (Mr. Skelton), and the great chairman, the
gentleman from South Carolina (Mr. Spence), and particularly the
gentleman from California (Mr. Hunter) for their hard work and
dedication in developing the defense authorization for fiscal year
2001.
I also want to thank the gentleman from Illinois (Mr. Evans) for his
leadership in the arms initiative, and my neighbor, the gentleman from
New York (Mr. McNulty), for working with me to secure the future of the
Watervliet Arsenal, which serves the 21st and 22nd Congressional
District in upstate New York.
I am pleased to point out that H.R. 4205 dedicates $3.6 million for
the storage and maintenance of laid away equipment and facilities at
Hawthorne Army Depot in Rock Island and the Watervliet Arsenal. These
arsenals are an asset to our military and our region.
It is important to expand the arms initiative to allow for the option
of attracting commercial tenants to these arsenals. I am incredibly
thankful for the help of this committee and its great work.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. SWEENEY. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I just want to thank the gentleman for his
great leadership on behalf of his constituents and the U.S. Armed
Forces for helping to put this thing together. He did a lot of great
work on it and we appreciate it.
Mr. SWEENEY. Reclaiming my time, Mr. Chairman, I thank the gentleman
from California (Mr. Hunter) for his kind words.
Mr. Chairman, this is vital to our national security, and I have to
tell my colleagues that, as a representative of the people who have
given their lives to this facility, it is important to their lives, and
I want to really thank all my colleagues very much for the hard work
they have put in, and thanks again to the ranking member for yielding
me this time.
Mr. SPENCE. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Cunningham), our top gun on another committee now, but
he was on our committee at one time.
And I also wish to thank, Mr. Chairman, the ranking member, the
gentleman from Missouri (Mr. Skelton), for yielding some of his time to
our people, as I do not have enough time left.
Mr. CUNNINGHAM. Mr. Chairman, first of all, there are no better
committees that one can serve on than the authorization or
appropriations defense committee. Once we get to the floor, that is
different, because there are those people that do not support national
security.
Mr. Chairman, I want to talk about the health care issue. And if the
gentleman from Mississippi (Mr. Taylor) and the gentleman from Missouri
(Mr. Skelton) would listen, this is important.
The subvention bill is my bill, my original bill. I put it through to
get 100 percent of coverage for the subvention that the gentleman from
Mississippi wants to do. But I want to tell my colleagues that, even
though it is my bill, and I have the most to gain, I would love to have
the veterans saying, ``Duke Cunningham's bill is out there and it is
100 percent,'' it has its limitations. If someone lives close to a
hospital, then subvention is good, but it is just a Band-Aid.
I put it in because we were not doing enough for our veterans and we
could not get movement. Tri-Care is the same thing. We could go ahead
and make that 100 percent right now, but I want to take care of those
veterans that are in the rural areas who do not have access to Tri-Care
or subvention. If we do this, we could mess up the whole program and
what we are trying to do to help veterans.
Do not demagogue the issue with the Democrat leadership. And those
people that support what the gentleman from Mississippi (Mr. Taylor) is
doing are mistaken.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Minnesota (Mr. Gutknecht).
Mr. GUTKNECHT. Mr. Chairman, I want to thank the gentleman from
Missouri for yielding to me, and I rise in support of H.R. 4205, the
National Defense Authorization Act for Fiscal Year 2001.
Mr. Chairman, I want to thank the Chairman of the Subcommittee on
Military Installations and Facilities of the Committee on Armed
Services, the gentleman from Colorado (Mr. Hefley), for his work to
include a land transfer of the former Army Reserve Center in Winona,
Minnesota, to the Winona State University Foundation.
Winona State University is in desperate need of student housing, and
the City of Winona has a family home shortage as well and a severe
parking problem. The former Reserve Center property can help solve
these problems by development into student housing and parking. Also,
the University's foundation is developing an agreement to transfer the
former Reserve Center's building to the American Legion Post 9 and the
Veterans of Foreign Wars Post 1287, showing a tremendous amount of
cooperation between these fine organizations.
This project enjoys enormous support from the community. Resolutions
were passed by the city and county, and letters of support have been
sent to me by

[[Page H3201]]

State and local officials and members of the community. This land
conveyance to the Winona State University Foundation is the best
possible use for these facilities.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume
to add a postscript to the very, very hard working staff of the
Committee on Armed Services. Without exception, they do yeomen's work,
and we would not be where we are today but for their bipartisan,
lengthy, arduous efforts. So I wish to just salute them for the work
they have done to help us get to this point in this very important
legislation.
Mrs. TAUSCHER. Mr. Chairman, I want to take this opportunity to
express my support for the Enhancement of Authority of Military
Departments to Lease Non-Excess Property that is found in Section 2812
of the Mark. The changes in this section will give military departments
the needed leasing flexibility to ensure that the men and women on our
military installations have ready access to important institutions,
such as their credit unions, and the services they provide. By allowing
these services and this use of the property to count as in-kind
consideration for the lease, military departments may treat credit
unions on military property much the same as credit unions on other
Federal property and effectively charge them a nominal fee to lease
land to build facilities to serve military personnel.
Mrs. THURMAN. Mr. Chairman, thank you for this opportunity to talk
about an issue that I have been working on for years--access to
prescription drugs for our military retirees.
I am pleased to support Section 721 H.R. 4205, the National Defense
Authorization Act for FY 2001. I am especially pleased that this
section includes the TRICARE Senior Pharmacy Program which will enable
our military retirees to have easy access to necessary prescription
drugs. I have been working on this issue for years and am glad that the
Committee recognizes the important need to ensure that our military
retirees have access to necessary and often life-saving
pharmaceuticals.
The TRICARE Senior Pharmacy program would ensure that all Medicare-
eligible military retirees and eligible family members would enjoy the
same pharmacy benefit that military retirees under the age 65 receive
through the TRICARE program. In particular, they would have access to
the national mail order program and prescription drugs through both
network and out-of-network retail pharmacies.
Last year, I was pleased that the Committee included in the FY 2000
Defense Authorization bill language, that I originally authored, which
required DOD to conduct a demonstration program of the military
pharmacy program in two TRICARE regions. The demonstration program is
currently going on in Okeechobee, Florida, and Fleming, Kentucky. But,
we need to ensure that all eligible military retirees have access to
prescription drugs, not just a lucky few.
Before they reach 65, retired military are eligible for mail order
prescription drugs through TRICARE. Once they reach age 65 and come
under Medicare, they lose that mail-order benefit. They get
prescription drugs only if they live near a military base. For many
military retirees, going on Medicare effectively ends their
prescription drug coverage.
We have an obligation to keep the promises that were made to the men
and women who dutifully served our country. Out of respect and
appreciation for their sacrifices, we must provide our military
retirees good, affordable health care in their older years. That
includes affordable prescription drug coverage. We made a promise, and
it is time that we honored that promise. Today, we are taking one step
closer toward fulfilling a promise to our nation's servicemen and women
with the expanded mail-order TRICARE drug program for military
retirees.
It is also good to know that my colleagues from both sides of the
aisle on the Armed Services Committee recognize the importance of
getting the best price for our seniors. Under this provision, the
prices for these drugs will be negotiated by a government agency to
ensure that we get the best price available to other favored customers.
I urge my colleagues to support this legislation and cast a vote in
support of a pharmaceutical benefit for our military retirees.
Mr. OXLEY. Mr. Chairman, I rise in full support of H.R. 4205 and
thank Chairman Spence, Ranking Member Skelton, and the Armed Services
Committee for the great work in putting together this legislation. They
are to be commended for expertly balancing our national security
interests with very unforgiving budget constraints.
Even though the Army, in my opinion, has shortsightedly threatened
the superiority of our heavy forces by terminating the Heavy Assault
Bridge program, the Committee is wisely supporting the bridge and the
most superior tank in the world, the M1A2 Abrams.
The M1A2 Abrams System Enhancement Program (SEP) tank is a major
component of the Army's heavy forces and will remain so through the
year 2020. I am pleased the committee matches the President's request
of $512.8 for M1A2 SEP Abrams tanks. The committee also recommends $55
million ($18.9 million more than the President's request) for M1 Abrams
tank modifications.
The Wolverine Heavy Assault Bridge (HAB) is a mobile bridge
deployable in five minutes, retrievable in less than ten minutes, and
can support 70-ton vehicles. Like the Grizzly Breacher, the President's
budget terminated this program to pay for Army Transformation efforts,
even though Congress has provided multi-year procurement authority and
additional funds for HAB in recent years. It is the top unfunded
modernization requirement of the Chief of Staff of the Army for fiscal
year 2001. To restore this program, the committee recommends $59.2
million for 12 HABs and $13.1 million for advance procurement of HABs
in fiscal year 2002.
I urge all my colleagues to support this vital legislation.
Mrs. FOWLER. Mr. Chairman, I strongly support the bill before us
today, which contains a badly needed $4.5 billion increase over the
President's 2001 request for defense.
Most importantly, the committee supported significant improvements in
the quality of life of our men and women in uniform. This bill would
increase troop pay by 3.7 percent; increase housing benefits for troops
living off-base; address serious deficiencies in the military health
care system; enhance recruitment and retention incentives; and provide
additional funding for military housing and child development centers.
It also provides up to $500 per month in supplemental assistance to
military families at the greatest level of economic stress, a move that
will take some 1,100 military families off Food Stamps.
In addition to these critical steps, the bill provides another $1.4
billion for critical readiness accounts; $2.7 billion for key
modernization efforts, including $85 million more for national missile
defense; and $400 million in military construction enhancements.
Mr. Chairman, I congratulate the Chairman and Ranking Member on this
excellent bill, and urge its support.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
Mr. SPENCE. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. LaHood). All time for general debate
has expired.
Pursuant to rule, the committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment, and is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:

H. R. 4205

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

(a) Short Title.--This Act may be cited as the ``Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001''.
(b) Findings.--Congress makes the following findings:
(1) Representative Floyd D. Spence of South Carolina was
elected to the House of Representatives in 1970, for service
in the 92d Congress, after serving in the South Carolina
legislature for 10 years, and he has been reelected to each
subsequent Congress.
(2) Representative Spence came to Congress as a
distinguished veteran of service in the Armed Forces of the
United States.
(3) Upon graduation from college in 1952, Representative
Spence was commissioned as an ensign in the United States
Naval Reserve. After entering active duty, he served with
distinction aboard the USS CARTER HALL and the USS LSM-397
during the Korean War and later served as commanding officer
of a Naval Reserve Surface Division and as group commander of
all Naval Reserve units in Columbia, South Carolina.
Representative Spence retired from the Naval Reserve in 1988
in the grade of captain, after 41 years of dedicated service.
(4) Upon election to the House of Representatives,
Representative Spence became a member of the Committee on
Armed Services of that body. During 30 years of service on
that committee (four years of which were served while the
committee was known as the Committee on National Security),
Representative Spence's contributions to the national defense
and security of the United States have been profound and long
lasting.
(5) Representative Spence served as chairman of that
committee while known as the Committee on National Security
during the 104th and 105th Congresses and serves as chairman
of that committee for the 106th Congress. In addition,
Representative Spence served as the ranking minority member
of the Committee on Armed Services during the 103d Congress.
(6) Dozens of awards from active duty and reserve military,
veterans service, military retiree, and industry
organizations and associations have recognized the
distinguished character of Representative Spence's service to
the Nation.
(7) Representative Spence has been a leading figure in the
debate over many of the most critical military readiness,
health care, recruiting,

[[Page H3202]]

and retention issues currently confronting the Nation's
military. His concern for the men and women in uniform has
been unwavering, and his accomplishments in promoting and
gaining support for those issues that preserve the combat
effectiveness, morale, and quality of life of the Nation's
military personnel have been unparalleled.
(8) During his tenure as chairman of the Committee on
National Security and the Committee on Armed Services of the
House of Representatives, Representative Spence has--
(A) led efforts to identify and reverse the effect that
declining resources and rising commitments have had on
military quality of life for service members and their
families, on combat readiness, and on equipment
modernization, with a direct result of those diligent efforts
and of his willingness to be an outspoken proponent for
America's military being that Congress has added nearly
$50,000,000,000 to the President's defense budgets over the
past five years;
(B) been a leading proponent of the need to expeditiously
develop and field a national missile defense to protect
American citizens and forward deployed military forces from
growing ballistic missile threats;
(C) advocated reversing the growing disparity between
actual military capability and the requirements associated
with the National Military Strategy; and
(D) led efforts in Congress to reform Department of Defense
acquisition and management headquarters and infrastructure
and business practices.
(9) This Act is the 30th annual authorization bill for the
Department of Defense for which Representative Spence has
taken a major responsibility as a member of the Committee on
Armed Services of the House of Representatives (including
four years while that committee was known as the Committee on
National Security).
(10) In light of the findings in the preceding paragraphs,
it is altogether fitting and proper that this Act be named in
honor of Representative Floyd D. Spence of South Carolina, as
provided in subsection (a).

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.

(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense Health Program.

Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority.
Sec. 112. Increase in limitation on number of Bunker Defeat Munitions
that may be acquired.
Sec. 113. Armament Retooling and Manufacturing Support Initiative.

Subtitle C--Navy Programs

Sec. 121. Submarine force structure.
Sec. 122. Virginia class submarine program.
Sec. 123. Retention of configuration of certain Naval Reserve frigates.
Sec. 124. Extension of multiyear procurement authority for Arleigh
Burke class destroyers.

Subtitle D--Air Force Programs

Sec. 131. Annual report on operational status of B-2 bomber.

Subtitle E--Joint Programs

Sec. 141. Study of production alternatives for the Joint Strike Fighter
program.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.

Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. High energy laser programs.
Sec. 212. Management of Space-Based Infrared System--Low.
Sec. 213. Joint strike fighter.

Subtitle C--Ballistic Missile Defense

Sec. 231. Funding for fiscal year 2001.
Sec. 232. Sense of Congress concerning commitment to deployment of
National Missile Defense system.
Sec. 233. Reports on ballistic missile threat posed by North Korea.
Sec. 234. Plan to modify ballistic missile defense architecture to
cover intermediate-range ballistic missile threats.
Sec. 235. Designation of Airborne Laser Program as a program element of
Ballistic Missile Defense program.

Subtitle D--Other Matters

Sec. 241. Recognition of those individuals instrumental to naval
research efforts during the period from before World War
II through the end of the Cold War.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Subtitle B--Environmental Provisions

Sec. 311. Payment of fines and penalties imposed for environmental
violations.
Sec. 312. Necessity of military low-level flight training to protect
national security and enhance military readiness.
Sec. 313. Use of environmental restoration accounts to relocate
activities from defense environmental restoration sites.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

Sec. 321. Use of appropriated funds to cover operating expenses of
commissary stores.
Sec. 322. Adjustment of sales prices of commissary store goods and
services to cover certain expenses.
Sec. 323. Use of surcharges for construction and improvement of
commissary stores.
Sec. 324. Inclusion of magazines and other periodicals as an authorized
commissary merchandise category.
Sec. 325. Use of most economical distribution method for distilled
spirits.
Sec. 326. Report on effects of availability of slot machines on United
States military installations overseas.

Subtitle D--Performance of Functions by Private-Sector Sources

Sec. 331. Inclusion of additional information in reports to Congress
required before conversion of commercial or industrial
type functions to contractor performance.
Sec. 332. Limitation on use of funds for Navy Marine Corps intranet
contract.

Subtitle E--Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 342. Eligibility for attendance at Department of Defense domestic
dependent elementary and secondary schools.

Subtitle F--Military Readiness Issues

Sec. 351. Additional capabilities of, and reporting requirements for,
the readiness reporting system.
Sec. 352. Reporting requirements regarding transfers from high-priority
readiness appropriations.
Sec. 353. Department of Defense strategic plan to reduce backlog in
maintenance and repair of defense facilities.

Subtitle G--Other Matters

Sec. 361. Authority to ensure demilitarization of significant military
equipment formerly owned by the Department of Defense.
Sec. 362. Annual report on public sale of certain military equipment
identified on United States Munitions List.
Sec. 363. Registration of certain information technology systems with
chief information officer.
Sec. 364. Studies and reports required as precondition to certain
manpower reductions.
Sec. 365. National Guard assistance for certain youth and charitable
organizations.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Adjustment to end strength flexibility authority.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Increase in numbers of members in certain grades authorized
to be on active duty in support of the Reserves.

Subtitle C--Authorization of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General Personnel Management Authorities

Sec. 501. Authority for Secretary of Defense to suspend certain
personnel strength limitations during war or national
emergency.
Sec. 502. Authority to issue posthumous commissions in the case of
members dying before official recommendation for
appointment or promotion is approved by secretary
concerned.
Sec. 503. Technical correction to retired grade rule for Army and Air
Force officers.

[[Page H3203]]

Sec. 504. Extension to end of calendar year of expiration date for
certain force drawdown transition authorities.
Sec. 505. Clarification of requirements for composition of active-duty
list selection boards when reserve officers are under
consideration.
Sec. 506. Voluntary Separation Incentive.
Sec. 507. Congressional review period for assignment of women to duty
on submarines and for any proposed reconfiguration or
design of submarines to accommodate female crew members.

Subtitle B--Reserve Component Personnel Policy

Sec. 511. Exemption from active-duty list for reserve officers on
active duty for a period of three years or less.
Sec. 512. Exemption of reserve component medical and dental officers
from counting in grade strengths.
Sec. 513. Continuation of officers on the reserve active status list
without requirement for application.
Sec. 514. Authority to retain reserve component chaplains and officers
in medical specialties until specified age.
Sec. 515. Authority for temporary increase in number of reserve
component personnel serving on active duty or full-time
National Guard duty in certain grades.
Sec. 516. Authority for provision of legal services to reserve
component members following release from active duty.
Sec. 517. Entitlement to separation pay for reserve officers released
from active duty upon declining selective continuation on
active duty after second failure of selection for
promotion.
Sec. 518. Extension of involuntary civil service retirement date for
certain reserve technicians.

Subtitle C--Education and Training

Sec. 521. College tuition assistance program for pursuit of degrees by
members of the Marine Corps Platoon Leaders Class
program.
Sec. 522. Review of allocation of Junior Reserve Officers Training
Corps units among the services.
Sec. 523. Authority for Naval Postgraduate School to enroll certain
defense industry civilians in specified programs relating
to defense product development.

Subtitle D--Decorations, Awards, and Commendations

Sec. 531. Authority for award of the Medal of Honor to Andrew J. Smith
for valor during the Civil War.
Sec. 532. Authority for award of the Medal of Honor to Ed W. Freeman
for valor during the Vietnam Conflict.
Sec. 533. Consideration of proposals for posthumous or honorary
promotions or appointments of members or former members
of the Armed Forces and other qualified persons.
Sec. 534. Waiver of time limitations for award of Navy Distinguished
Flying Cross to certain persons.
Sec. 535. Addition of certain information to markers on graves
containing remains of certain unknowns from the U.S.S.
ARIZONA who died in the Japanese attack on Pearl Harbor
on December 7, 1941.
Sec. 536. Sense of Congress regarding final crew of U.S.S.
INDIANAPOLIS.
Sec. 537. Posthumous advancement of Rear Admiral (retired) Husband E.
Kimmel and Major General (retired) Walter C. Short on
retired lists.
Sec. 538. Commendation of citizens of Remy, France, for World War II
actions.

Subtitle E--Military Justice Matters

Sec. 541. Recognition by States of military testamentary instruments.
Sec. 542. Probable cause required for entry of names of subjects into
official criminal investigative reports.
Sec. 543. Collection and use of DNA identification information from
violent and sexual offenders in the Armed Forces.
Sec. 544. Limitation on Secretarial authority to grant clemency for
military prisoners serving sentence of confinement for
life without eligibility for parole.
Sec. 545. Authority for civilian special agents of military department
criminal investigative organizations to execute warrants
and make arrests.

Subtitle F--Other Matters

Sec. 551. Funeral honors duty compensation.
Sec. 552. Test of ability of reserve component intelligence units and
personnel to meet current and emerging defense
intelligence needs.
Sec. 553. National Guard Challenge program.
Sec. 554. Study of use of civilian contractor pilots for operational
support missions.
Sec. 555. Pilot program to enhance military recruiting by improving
military awareness of school counselors and educators.
Sec. 556. Reimbursement for expenses incurred by members in connection
with cancellation of leave on short notice.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Revised method for calculation of basic allowance for
subsistence.
Sec. 603. Family subsistence supplemental allowance for low-income
members of the Armed Forces.
Sec. 604. Calculation of basic allowance for housing for inside the
United States.
Sec. 605. Equitable treatment of junior enlisted members in computation
of basic allowance for housing.
Sec. 606. Basic allowance for housing authorized for additional members
without dependents who are on sea duty.
Sec. 607. Personal money allowance for senior enlisted members of the
Armed Forces.
Sec. 608. Allowance for officers for purchase of required uniforms and
equipment.
Sec. 609. Increase in monthly subsistence allowance for members of
precommissioning programs.
Sec. 610. Additional amount available for fiscal year 2001 increase in
basic allowance for housing inside the United States.

Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses and special pay authorities for
reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for
nurse officer candidates, registered nurses, and nurse
anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses
and special pays.
Sec. 614. Consistency of authorities for special pay for reserve
medical and dental officers.
Sec. 615. Special pay for Coast Guard physician assistants.
Sec. 616. Special duty assignment pay for enlisted members.
Sec. 617. Revision of career sea pay.
Sec. 618. Revision of enlistment bonus authority.
Sec. 619. Authorization of retention bonus for members of the Armed
Forces qualified in a critical military skill.
Sec. 620. Elimination of required congressional notification before
implementation of certain special pay authority.

Subtitle C--Travel and Transportation Allowances

Sec. 631. Advance payments for temporary lodging of members and
dependents.
Sec. 632. Additional transportation allowance regarding baggage and
household effects.
Sec. 633. Equitable dislocation allowances for junior enlisted members.
Sec. 634. Authority to reimburse military recruiters, Senior ROTC
cadre, and military entrance processing personnel for
certain parking expenses.
Sec. 635. Expansion of funded student travel for dependents.

Subtitle D--Retirement and Survivor Benefit Matters

Sec. 641. Increase in maximum number of reserve retirement points that
may be credited in any year.
Sec. 642. Reserve component survivor benefit plan spousal consent
requirement.

Subtitle E--Other Matters

Sec. 651. Participation in Thrift Savings Plan.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Health Care Services

Sec. 701. Two-year extension of authority for use of contract
physicians at military entrance processing stations and
elsewhere outside medical treatment facilities.
Sec. 702. Medical and dental care for medal of honor recipients.
Sec. 703. Provision of domiciliary and custodial care for CHAMPUS
beneficiaries and certain former CHAMPUS beneficiaries.
Sec. 704. Demonstration project for expanded access to mental health
counselors.
Sec. 705. Teleradiology demonstration project.

Subtitle B--TRICARE Program

Sec. 711. Additional beneficiaries under TRICARE Prime Remote program
in the continental United States.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Modernization of TRICARE business practices and increase of
use of military treatment facilities.
Sec. 714. Claims processing improvements.
Sec. 715. Prohibition against requirement for prior authorization for
certain referrals; report on nonavailability-of-health-
care statements.
Sec. 716. Authority to establish special locality-based reimbursement
rates; reports.
Sec. 717. Reimbursement for certain travel expenses.
Sec. 718. Reduction of catastrophic cap.
Sec. 719. Report on protections against health care providers seeking
direct reimbursement from members of the uniformed
services.

[[Page H3204]]

Sec. 720. Disenrollment process for TRICARE retiree dental program.

Subtitle C--Health Care Programs for Medicare-Eligible Department of
Defense Beneficiaries

Sec. 721. Implementation of TRICARE senior pharmacy program.
Sec. 722. Study on health care options for medicare-eligible military
retirees.
Sec. 723. Extended coverage under Federal Employees Health Benefits
Program.
Sec. 724. Extension of TRICARE senior supplement program.
Sec. 725. Extension of TRICARE senior prime demonstration project.

Subtitle D--Other Matters

Sec. 731. Training in health care management and administration.
Sec. 732. Study of accrual financing for health care for military
retirees.
Sec. 733. Tracking patient safety in military medical treatment
facilities.
Sec. 734. Pharmaceutical identification technology.
Sec. 735. Management of vaccine immunization program.
Sec. 736. Study on feasibility of sharing biomedical research facility.
Sec. 737. Chiropractic health care for members on active duty.
Sec. 738. VA-DOD sharing agreements for health services.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Sec. 801. Extension of authority for Department of Defense acquisition
pilot programs; reports required.
Sec. 802. Technical data rights for items developed exclusively at
private expense.
Sec. 803. Management of acquisition of mission-essential software for
major defense acquisition programs.
Sec. 804. Extension of waiver period for live-fire survivability
testing for MH-47E and MH-60K helicopter modification
programs.
Sec. 805. Three-year extension of authority of Defense Advanced
Research Projects Agency to carry out certain prototype
projects.
Sec. 806. Certification of major automated information systems as to
compliance with Clinger-Cohen Act.
Sec. 807. Limitations on procurement of certain items.
Sec. 808. Multiyear services contracts.
Sec. 809. Study on impact of foreign sourcing of systems on long-term
military readiness and related industrial infrastructure.
Sec. 810. Prohibition against use of Department of Defense funds to
give or withhold a preference to a marketer or vendor of
firearms or ammunition.
Sec. 811. Study and report on practice of contract bundling in military
construction contracts.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Change of title of certain positions in the Headquarters,
Marine Corps.
Sec. 902. Further reductions in defense acquisition and support
workforce.
Sec. 903. Clarification of scope of inspector general authorities under
military whistleblower law.
Sec. 904. Report on number of personnel assigned to legislative liaison
functions.
Sec. 905. Joint report on establishment of national collaborative
information analysis capability.
Sec. 906. Organization and management of Civil Air Patrol.
Sec. 907. Report on Network Centric Warfare.
Sec. 908. Defense Institute for Hemispheric Security Cooperation.
Sec. 909. Department of Defense regional centers for security studies.
Sec. 910. Change in name of Armed Forces Staff College to Joint Forces
Staff College.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of classified annex.
Sec. 1003. Authorization of emergency supplemental appropriations for
fiscal year 2000.
Sec. 1004. Contingent repeal of certain provisions shifting certain
outlays from one fiscal year to another.
Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping
operations for fiscal year 2001.

Subtitle B--Naval Vessels and Shipyards

Sec. 1011. National Defense Features Program.

Subtitle C--Counter-Drug Activities

Sec. 1021. Report on Department of Defense expenditures to support
foreign counter-drug activities.
Sec. 1022. Report on tethered aerostat radar system.

Subtitle D--Other Matters

Sec. 1031. Funds for administrative expenses under Defense Export Loan
Guarantee program.
Sec. 1032. Technical and clerical amendments.
Sec. 1033. Transfer of Vietnam era TA-4 aircraft to nonprofit
foundation.
Sec. 1034. Transfer of 19th century cannon to museum.
Sec. 1035. Expenditures for declassification activities.
Sec. 1036. Authority to provide loan guarantees to improve domestic
preparedness to combat cyberterrorism.
Sec. 1037. V-22 cockpit aircraft voice and flight data recorders.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

Sec. 1101. Employment and compensation provisions for employees of
temporary organizations established by law or executive
order.
Sec. 1102. Restructuring the restriction on degree training.
Sec. 1103. Continuation of tuition reimbursement and training for
certain acquisition personnel.
Sec. 1104. Extension of authority for civilian employees of the
Department of Defense to participate voluntarily in
reductions in force.
Sec. 1105. Expansion of defense civilian intelligence personnel system
positions.
Sec. 1106. Pilot program for reengineering the equal employment
opportunity complaint process.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Support of United Nations-sponsored efforts to inspect and
monitor Iraqi weapons activities.
Sec. 1202. Annual report assessing effect of continued operations in
the Balkans region on readiness to execute the national
military strategy.
Sec. 1203. Situation in the Balkans.
Sec. 1204. Limitation on number of military personnel in Colombia.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and
funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for elimination of conventional
weapons.
Sec. 1304. Limitations on use of funds for fissile material storage
facility.
Sec. 1305. Limitation on use of funds until submission of multiyear
plan.
Sec. 1306. Russian nonstrategic nuclear arms.
Sec. 1307. Limitation on use of funds to support warhead dismantlement
processing.
Sec. 1308. Agreement on nuclear weapons storage sites.
Sec. 1309. Prohibition on use of funds for construction of fossil fuel
energy plants.
Sec. 1310. Audits of Cooperative Threat Reduction programs.
Sec. 1311. Limitation on use of funds for prevention of biological
weapons proliferation in Russia.

TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK

Sec. 1401. Establishment of commission.
Sec. 1402. Duties of commission.
Sec. 1403. Report.
Sec. 1404. Powers.
Sec. 1405. Commission procedures.
Sec. 1406. Personnel matters.
Sec. 1407. Miscellaneous administrative provisions.
Sec. 1408. Funding.
Sec. 1409. Termination of the commission.

TITLE XV--PROVISIONS REGARDING VIEQUES ISLAND, PUERTO RICO

Sec. 1501. Conditions on disposal of Naval Ammunition Support
Detachment, Vieques Island.
Sec. 1502. Retention of eastern portion of Vieques Island.
Sec. 1503. Limitations on military use of Vieques Island.
Sec. 1504. Economic assistance for residents of Vieques Island.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
1999 project.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out fiscal year 1997
project at Marine Corps Combat Development Command,
Quantico, Virginia.

TITLE XXIII--AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorization of appropriations, Defense Agencies.

[[Page H3205]]

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 1998
projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1997
projects.
Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Sec. 2801. Revision of limitations on space by pay grade.
Sec. 2802. Leasing of military family housing, United States Southern
Command, Miami, Florida.
Sec. 2803. Extension of alternative authority for acquisition and
improvement of military housing.
Sec. 2804. Expansion of definition of armory to include readiness
centers.

Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in threshold for notice and wait requirements for
real property transactions.
Sec. 2812. Enhancement of authority of military departments to lease
non-excess property.
Sec. 2813. Conveyance authority regarding utility systems of military
departments.

Subtitle C--Land Conveyances

Part I--Army Conveyances

Sec. 2831. Transfer of jurisdiction, Rock Island Arsenal, Illinois.
Sec. 2832. Land conveyance, Army Reserve Center, Galesburg, Illinois.
Sec. 2833. Land conveyance, Army Reserve Center, Winona, Minnesota.
Sec. 2834. Land conveyance, Fort Polk, Louisiana.
Sec. 2835. Land conveyance, Fort Pickett, Virginia.
Sec. 2836. Land conveyance, Fort Dix, New Jersey.
Sec. 2837. Land conveyance, Nike Site 43, Elrama, Pennsylvania.
Sec. 2838. Land exchange, Fort Hood, Texas.
Sec. 2839. Land conveyance, Charles Melvin Price Support Center,
Illinois.
Sec. 2840. Land conveyance, Army Reserve Local Training Center,
Chattanooga, Tennessee.

Part II--Navy Conveyances

Sec. 2851. Modification of authority for Oxnard Harbor District, Port
Hueneme, California, to use certain Navy property.
Sec. 2852. Modification of land conveyance, Marine Corps Air Station,
El Toro, California.
Sec. 2853. Transfer of jurisdiction, Marine Corps Air Station, Miramar,
California.
Sec. 2854. Lease of property, Marine Corps Air Station, Miramar,
California.
Sec. 2855. Lease of property, Naval Air Station, Pensacola, Florida.
Sec. 2856. Land exchange, Marine Corps Recruit Depot, San Diego,
California.
Sec. 2857. Land exchange, Naval Air Reserve Center, Columbus, Ohio.
Sec. 2858. Land conveyance, Naval Reserve Center, Tampa, Florida.

Part III--Air Force Conveyances

Sec. 2861. Land conveyance, Wright Patterson Air Force Base, Ohio.
Sec. 2862. Land conveyance, Point Arena Air Force Station, California.
Sec. 2863. Land conveyance, Los Angeles Air Force Base, California.

Part IV--Other Conveyances

Sec. 2871. Conveyance of Army and Air Force Exchange Service property,
Farmers Branch, Texas.

Subtitle D--Other Matters

Sec. 2881. Relation of easement authority to leased parkland, Marine
Corps Base, Camp Pendleton, California.
Sec. 2882. Extension of demonstration project for purchase of fire,
security, police, public works, and utility services from
local government agencies.
Sec. 2883. Establishment of World War II memorial on Guam.
Sec. 2884. Naming of Army missile testing range at Kwajalein Atoll as
the Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll.
Sec. 2885. Designation of building at Fort Belvoir, Virginia, in honor
of Andrew T. McNamara.
Sec. 2886. Designation of Balboa Naval Hospital, San Diego, California,
in honor of Bob Wilson, a former Member of the House of
Representatives.
Sec. 2887. Sense of Congress regarding importance of expansion of
National Training Center, Fort Irwin, California.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense facilities closure projects.
Sec. 3105. Defense environmental management privatization.
Sec. 3106. Defense nuclear waste disposal.

Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction
activities.
Sec. 3127. Availability of funds.
Sec. 3128. Transfers of defense environmental management funds.

Subtitle C--Program Authorizations, Restrictions, and Limitations

Sec. 3131. Funding for termination costs for tank waste remediation
system environmental project, Richland, Washington.
Sec. 3132. Enhanced cooperation between National Nuclear Security
Administration and Ballistic Missile Defense
Organization.
Sec. 3133. Required contents of future-years nuclear security program
to be submitted with fiscal year 2002 budget and
limitation on the obligation of certain funds pending
submission of that program.
Sec. 3134. Limitation on obligation of certain funds.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of stockpile funds.
Sec. 3302. Use of excess titanium sponge in the National Defense
Stockpile to manufacture Department of Defense equipment.

TITLE XXXIV--MARITIME ADMINISTRATION

Sec. 3401. Authorization of appropriations for fiscal year 2001.
Sec. 3402. Extension of period for disposal of obsolete vessels in the
National Defense Reserve Fleet.
Sec. 3403. Authority to convey National Defense Reserve Fleet vessel,
GLACIER.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ``congressional defense
committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Army as follows:
(1) For aircraft, $1,542,762,000.
(2) For missiles, $1,367,681,000.
(3) For weapons and tracked combat vehicles,
$2,167,938,000.
(4) For ammunition, $1,199,323,000.
(5) For other procurement, $4,095,270,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2001 for procurement for the Navy as follows:
(1) For aircraft, $8,205,758,000.
(2) For weapons, including missiles and torpedoes,
$1,562,250,000.
(3) For shipbuilding and conversion, $11,981,968,000.
(4) For other procurement, $3,432,011,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for procurement for the
Marine Corps in the amount of $1,254,735,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2001 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $481,349,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Air Force as follows:
(1) For aircraft, $10,267,153,000.
(2) For missiles, $3,046,715,000.
(3) For ammunition, $638,808,000.
(4) For other procurement, $7,869,903,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

(a) Amount Authorized.--Funds are hereby authorized to be
appropriated for fiscal year 2001 for Defense-wide
procurement in the amount of $2,309,074,000.
(b) Amount for National Missile Defense.--Of the funds
authorized to be appropriated in subsection (a), $74,500,000
shall be

[[Page H3206]]

available for the National Missile Defense program.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for procurement for the Inspector General of the
Department of Defense in the amount of $3,300,000.

SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

There is hereby authorized to be appropriated for fiscal
year 2001 the amount of $877,100,000 for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.

SEC. 107. DEFENSE HEALTH PROGRAMS.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the Department of Defense for procurement for
carrying out health care programs, projects, and activities
of the Department of Defense in the total amount of
$290,006,000.

Subtitle B--Army Programs

SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY.

(a) M2A3 Bradley Fighting Vehicle.--(1) Beginning with the
fiscal year 2001 program year, the Secretary of the Army may,
in accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for
procurement of M2A3 Bradley fighting vehicles.
(2) The Secretary of the Army may execute a contract
authorized by paragraph (1) only after--
(A) there is a successful completion of a M2A3 Bradley
initial operational test and evaluation (IOT&E); and
(B) the Secretary certifies in writing to the congressional
defense committees that the vehicle met all required test
parameters.
(b) Utility Helicopters.--Beginning with the fiscal year
2002 program year, the Secretary of the Army may, in
accordance with section 2306b of title 10, United States
Code, enter into one or more multiyear contracts for
procurement of UH-60 Blackhawk utility helicopters and,
acting as executive agent for the Department of the Navy, CH-
60 Knighthawk utility helicopters.

SEC. 112. INCREASE IN LIMITATION ON NUMBER OF BUNKER DEFEAT
MUNITIONS THAT MAY BE ACQUIRED.

Section 116(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2862) is
amended by striking ``6,000'' and inserting ``8,500''.

SEC. 113. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT
INITIATIVE.

(a) Expansion of Authority.--The Armament Retooling and
Manufacturing Support Act of 1992 (subtitle H of title I of
Public Law 102-484; 10 U.S.C. 2501 note) is amended--
(1) in section 193--
(A) in subsection (a), by striking ``2001'' and inserting
``2002''; and
(B) by adding at the end the following new subsection:
``(d) Inclusion of Manufacturing Arsenals.--For purposes of
this Act, a manufacturing arsenal of the Department of the
Army shall be treated as a Government-owned, contractor-
operated manufacturing facility of the Department of the
Army.''; and
(2) in section 194--
(A) by striking subsection (a)(1) and inserting the
following:
``(1) to use the facility for any period of time that the
Secretary determines is appropriate for the accomplishment
of, and consistent with, the needs of the Department of the
Army and the purposes of the ARMS Initiative; and''; and
(B) by adding at the end the following new subsection:
``(c) Authority to Accept Non-Monetary Consideration for
Use of Facilities.--The Secretary may accept non-monetary
consideration in lieu of rental payments for use of a
facility under a contract entered into under this section.''.
(b) Report.--Not later than July 1, 2001, the Secretary of
the Army shall submit to the congressional defense committees
a report on the progress of the implementation of the ARMS
Initiative at manufacturing arsenals of the Department of the
Army under the Armament Retooling and Manufacturing Support
Act of 1992 (as amended by subsection (a)). The report shall
contain a comprehensive review of contracting at the
manufacturing arsenals of the Department of the Army and such
recommendations as the Secretary considers appropriate.

Subtitle C--Navy Programs

SEC. 121. SUBMARINE FORCE STRUCTURE.

(a) Limitation on Retirement of Submarines.--The Secretary
of Defense may not retire from the active force structure of
the Navy any Los Angeles class nuclear-powered attack
submarine (SSN) which has less than 30 years of active
service.
(b) Report.--Not later than April 15, 2001, the President
shall submit to Congress a report on the required force
structure for nuclear-powered submarines, including attack
submarines (SSNs), ballistic missile submarines (SSBNs), and
cruise missile submarines (SSGNs), to support the national
military strategy through 2020. The report shall include a
detailed discussion of the acquisition strategy and fleet
maintenance requirements to achieve and maintain that force
structure through--
(1) the procurement of new construction submarines;
(2) the refueling of Los Angeles class attack submarines
(SSNs) to achieve the maximum amount of operational useful
service; and
(3) the conversion of Ohio class submarines that are no
longer required for the strategic deterrence mission from
their current ballistic missile (SSBN) configuration to a
cruise-missile (SSGN) configuration.

SEC. 122. VIRGINIA CLASS SUBMARINE PROGRAM.

(a) Contract Authority.--The Secretary of the Navy is
authorized to enter into a contract or contracts for the
procurement of five Virginia class submarines during fiscal
years 2003 through 2006. Any such contract shall provide that
any obligation of the United States to make payments under
the contract is subject to the availability of funds provided
in advance in appropriations Acts. The submarines authorized
to be procured under this subsection are in addition to the
submarines authorized under section 121(b) of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1648).
(b) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4)
of section 121(b) of National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1648) apply to
the procurement of submarines under this section.
(c) Limitation of Liability.--If a contract entered into
under this section is terminated, the United States shall not
be liable for termination costs in excess of the total amount
appropriated for the Virginia class submarine program.

SEC. 123. RETENTION OF CONFIGURATION OF CERTAIN NAVAL RESERVE
FRIGATES.

For each FFG-7 class frigate produced in Flight I or Flight
II of that class that is commissioned in active service, the
Secretary of the Navy shall, for so long as the vessel
remains commissioned in active service--
(1) provide for the vessel to be configured and equipped
with the complete organic weapons system capability for that
vessel, as specified in the Navy's Operational Requirements
Document; and
(2) retain those operational assets that are integral to
the FFG-7 weapons system in their current (as of the
enactment of this Act) locations in order to avoid disruption
of established training and operational cycles.

SEC. 124. EXTENSION OF MULTIYEAR PROCUREMENT AUTHORITY FOR
ARLEIGH BURKE CLASS DESTROYERS.

(a) Authority for Additional Multiyear Procurement.--
Section 122(b) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as
amended by section 122(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 534), is amended--
(1) in the first sentence, by striking ``18 Arleigh Burke
class destroyers'' and all that follows through ``2003'' and
inserting ``Arleigh Burke class destroyers''; and
(2) by inserting after the first sentence the following new
sentence: ``Vessels authorized under this subsection shall be
acquired at a procurement rate of three ships per year in
each of fiscal years 1998 through 2001 and up to three ships
per year in each of fiscal years 2002 through 2005.''.
(b) Clerical Amendment.--The heading for such subsection is
amended by striking ``of 18 Vessels''.

Subtitle D--Air Force Programs

SEC. 131. ANNUAL REPORT ON OPERATIONAL STATUS OF B-2 BOMBER.

(a) In General.--(1) Chapter 136 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2282. B-2 bomber: annual report on operational status

``Not later than March 1 of each year, the Secretary of
Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report on the operational status of the
B-2 bomber. Each such report shall include the following:
``(1) An assessment as to whether the B-2 aircraft has a
high probability of being able to perform its intended
missions.
``(2) Identification of all planned or ongoing development
of technologies to enhance B-2 aircraft capabilities for
which funds are programmed in the future years defense
program and an assessment as to whether those technologies--
``(A) are consistent with the Air Force bomber roadmap in
effect at the time of the report;
``(B) are consistent with the recommendations of the report
of the Long-Range Air Power panel established by section 8131
of the Department of Defense Appropriations Act, 1998 (Public
Law 105-56); and
``(C) will be sufficient to assure that the B-2 aircraft
will have a high probability of being able to perform its
intended missions in the future.
``(3) Definition of any additional technology development
required to assure that the B-2 aircraft will retain a high
probability of being able to perform its intended missions
and an estimate of the funding required to develop those
additional technologies.
``(4) An assessment as to whether the technologies
identified pursuant to paragraph (2) are adequately funded in
the budget request for the next fiscal year and whether funds
have been identified throughout the future years defense
program to continue those technology developments at an
adequate level.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2282. B-2 bomber: annual report on operational status.''.
(b) Repeal of Superseded Reporting Requirement.--Section
112 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189) is repealed.

[[Page H3207]]

Subtitle E--Joint Programs

SEC. 141. STUDY OF PRODUCTION ALTERNATIVES FOR THE JOINT
STRIKE FIGHTER PROGRAM.

(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report providing the results of a
study of production alternatives for the Joint Strike Fighter
aircraft program and the effects on the tactical fighter
aircraft industrial base of each alternative considered.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) Examination of alternative production strategies for
the program, including--
(A) production of all aircraft under the program at one
location;
(B) production at dual locations; and
(C) production at multiple locations using facilities of
the existing bomber and fighter aircraft production base.
(2) Identification of each major Government or industry
facility that is a potential location for production of such
aircraft.
(3) Identification of the anticipated costs of production
of that aircraft at each facility identified pursuant to
paragraph (2) under each of the alternative production
strategies examined pursuant to paragraph (1), based upon a
reasonable profile for the annual procurement of that
aircraft once it enters production.
(4) A comparison, for each such production strategy, of the
anticipated costs of carrying out production of that aircraft
at each such location with the costs of carrying out such
production at each of the other such locations.
(c) Cost Comparison.--In identifying costs under subsection
(b)(3) and carrying out the cost comparisons required by
subsection (b)(4), the Secretary shall include consideration
of each of the following factors:
(1) State tax credits.
(2) State and local incentives.
(3) Skilled resident workforce.
(4) Supplier and technical support bases.
(5) Available stealth production facilities.
(6) Environmental standards.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2001 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $5,500,246,000.
(2) For the Navy, $8,834,477,000.
(3) For the Air Force, $13,677,108,000.
(4) For Defense-wide activities, $11,297,323,000, of which
$219,560,000 is authorized for Operational Test and
Evaluation, Defense.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) Fiscal Year 2001.--Of the amounts authorized to be
appropriated by section 201, $4,435,354,000 shall be
available for basic research and applied research projects.
(b) Basic Research and Applied Research Defined.--For
purposes of this section, the term ``basic research and
applied research'' means work funded in program elements for
defense research and development under Department of Defense
category 6.1 or 6.2.

Subtitle B--Program Requirements, Restrictions, and Limitations

SEC. 211. HIGH ENERGY LASER PROGRAMS.

(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 section are available to
supplement the high energy laser programs of the military
departments and Defense Agencies, as determined by the
official designated under subsection (b).
(b) Designation of Official for High Energy Laser
Programs.--(1) The Secretary of Defense shall designate a
senior civilian official in the Office of the Secretary of
Defense (in this section referred to as the ``designated
official'') to carry out responsibilities for the programs
for which funds are provided under this section. The
designated official shall report directly to the Under
Secretary of Defense for Acquisition, Technology, and
Logistics for matters concerning the responsibilities
specified in paragraph (2).
(2) The primary responsibilities of the designated official
shall include the following:
(A) Establishment of priorities for the high energy laser
programs of the military departments and the Defense
Agencies.
(B) Coordination of high energy laser programs among the
military departments and the Defense Agencies.
(C) 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.
(D) 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.
(E) Planning and programming appropriate to rapid evolution
of high energy laser technology.
(F) 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.
(G) Ensuring that the high energy laser programs of the
military department 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)(2), 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) 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
(4) 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.
(d) 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.
(e) Interagency Memorandum of Agreement.--(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 subsection (b)(2) and the requirements identified
in subsection (c).
(3) 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.
(f) Technology Plan.--The designated official shall submit
to the congressional defense committees by February 15 of
each fiscal year the technology plan prepared pursuant to
subsection (b)(2). The report shall be submitted in
unclassified and, if necessary, classified form.
(g) 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 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 high energy laser programs.
(2) The funding available for high energy laser programs.
(3) The technical progress achieved for high energy laser
programs.
(4) The extent to which goals and objectives of the high
energy laser technology plan have been met.
(h) Definition.--For purposes of this section, the term
``high energy laser'' means a laser that has average power in
excess of one kilowatt and that has potential weapons
applications.

SEC. 212. MANAGEMENT OF SPACE-BASED INFRARED SYSTEM--LOW.

The Secretary of Defense shall direct that the Director of
the Ballistic Missile Defense Organization shall have
authority for program management for the ballistic missile
defense program known on the date of the enactment of this
Act as the Space-Based Infrared System--Low.

SEC. 213. JOINT STRIKE FIGHTER.

The Joint Strike Fighter program may not be approved for
entry into the Engineering and Manufacturing Development
(EMD) stage of the acquisition process until the Secretary of
Defense certifies to the congressional defense committees
that the technological maturity of key technologies for the
program is sufficient to warrant entry of the program into
the Engineering and Manufacturing Development stage.

Subtitle C--Ballistic Missile Defense

SEC. 231. FUNDING FOR FISCAL YEAR 2001.

Of the funds authorized to be appropriated in section
201(4), $2,066,200,000 shall be available for the National
Missile Defense program.

SEC. 232. SENSE OF CONGRESS CONCERNING COMMITMENT TO
DEPLOYMENT OF NATIONAL MISSILE DEFENSE SYSTEM.

(a) Statement of Policy.--Congress reaffirms the policy of
the United States declared in the National Missile Defense
Act of 1999 (Public Law 106-38, signed into law by the
President on July 22, 1999).
(b) Findings.--Congress makes the following findings:
(1) An effective National Missile Defense system is
technologically feasible.
(2) Hostile ``rogue'' nations are capable of posing missile
threats the United States which

[[Page H3208]]

justify deployment of a National Missile Defense system.
(c) Sense of Congress.--It is the sense of Congress that
the action of the President in signing the National Missile
Defense Act of 1999 entails a commitment by the President to
execute the policy declared in that Act.

SEC. 233. 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, or 60 days after the date of the
enactment of this Act, whichever is sooner, 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 50 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.

SEC. 234. PLAN TO MODIFY BALLISTIC MISSILE DEFENSE
ARCHITECTURE TO COVER INTERMEDIATE-RANGE
BALLISTIC MISSILE THREATS.

(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 ballistic missiles with
ranges of 1,500 to 2,500 miles.
(b) Use of Space-Based Sensors Included.--The plan shall
include--
(1) potential use of space-based sensors, including the
SBIRS Low and SBIRS High systems, 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. 235. DESIGNATION OF AIRBORNE LASER PROGRAM AS A PROGRAM
ELEMENT OF BALLISTIC MISSILE DEFENSE PROGRAM.

Section 223(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(13) Airborne Laser program.''.

Subtitle D--Other Matters

SEC. 241. RECOGNITION OF THOSE INDIVIDUALS INSTRUMENTAL TO
NAVAL RESEARCH EFFORTS DURING THE PERIOD FROM
BEFORE WORLD WAR II THROUGH THE END OF THE COLD
WAR.

(a) Findings.--Congress makes the following findings:
(1) The contributions of the Nation's scientific community
and of science research to the victory of the United States
and its allies in World War II resulted in the understanding
that science and technology are of critical importance to the
future security of the Nation.
(2) Academic institutions and oceanographers provided vital
support to the Navy and the Marine Corps during World War II.
(3) Congress created the Office of Naval Research in the
Department of the Navy in 1946 to ensure the availability of
resources for research in oceanography and other fields
related to the missions of the Navy and Marine Corps.
(4) The Office of Naval Research of the Department of the
Navy, in addition to its support of naval research within the
Federal Government, has also supported the conduct of
oceanographic and scientific research through partnerships
with educational and scientific institutions throughout the
Nation.
(5) These partnerships have long been recognized as among
the most innovative and productive research partnerships ever
established by the Federal Government and have resulted in a
vast improvement in understanding of basic ocean processes
and the development of new technologies critical to the
security and defense of the Nation.
(b) Congressional Recognition and Appreciation.--Congress--
(1) applauds the commitment and dedication of the officers,
scientists, researchers, students, and administrators who
were instrumental to the program of partnerships for
oceanographic and scientific research between the Federal
Government and academic institutions, including those
individuals who helped forge that program before World War
II, implement it during World War II, and improve it
throughout the Cold War;
(2) recognizes that the Nation, in ultimately prevailing in
the Cold War, relied to a significant extent on research
supported by, and technologies developed through, those
partnerships and, in particular, on the superior
understanding of the ocean environment generated through that
research;
(3) supports efforts by the Secretary of the Navy and the
Chief of Naval Research to honor those individuals, who
contributed so greatly and unselfishly to the naval mission
and the national defense, through those partnerships during
the period beginning before World War II and continuing
through the end of the Cold War; and
(4) expresses appreciation for the ongoing efforts of the
Office of Naval Research to support oceanographic and
scientific research and the development of researchers in
those fields, to ensure that such partnerships will continue
to make important contributions to the defense and the
general welfare of the Nation.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, in amounts as follows:
(1) For the Army, $19,492,617,000.
(2) For the Navy, $23,321,809,000.
(3) For the Marine Corps, $2,851,678,000.
(4) For the Air Force, $22,351,164,000.
(5) For Defense-wide activities, $11,673,852,000.
(6) For the Army Reserve, $1,565,918,000.
(7) For the Naval Reserve, $967,646,000.
(8) For the Marine Corps Reserve, $150,469,000.
(9) For the Air Force Reserve, $1,890,859,000.
(10) For the Army National Guard, $3,236,835,000.
(11) For the Air National Guard, $3,461,875,000.
(12) For the Defense Inspector General, $144,245,000.
(13) For the United States Court of Appeals for the Armed
Forces, $8,574,000.
(14) For Environmental Restoration, Army, $389,932,000.
(15) For Environmental Restoration, Navy, $294,038,000.
(16) For Environmental Restoration, Air Force,
$376,300,000.
(17) For Environmental Restoration, Defense-wide,
$23,412,000.
(18) For Environmental Restoration, Formerly Used Defense
Sites, $186,499,000.
(19) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $55,800,000.
(20) For Drug Interdiction and Counter-drug Activities,
Defense-wide, $841,500,000.
(21) For the Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Trust Fund, $25,000,000.
(22) For Defense Health Program, $11,571,523,000.
(23) For Cooperative Threat Reduction programs,
$433,400,000.
(24) For Overseas Contingency Operations Transfer Fund,
$4,100,577,000.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal
year 2000 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds in
amounts as follows:
(1) For the Defense Working Capital Funds, $916,276,000.
(2) For the National Defense Sealift Fund, $737,109,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal
year 2000 from the Armed Forces Retirement Home Trust Fund
the sum of $69,832,000 for the operation of the Armed Forces
Retirement Home, including the United States Soldiers' and
Airmen's Home and the Naval Home.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE
TRANSACTION FUND.

(a) Transfer Authority.--To the extent provided in
appropriations Acts, not more than $150,000,000 is authorized
to be transferred from the National Defense Stockpile
Transaction Fund to operation and maintenance accounts for
fiscal year 2000 in amounts as follows:
(1) For the Army, $50,000,000.
(2) For the Navy, $50,000,000.
(3) For the Air Force, $50,000,000.
(b) Treatment of Transfers.--Amounts transferred under this
section--
(1) shall be merged with, and be available for the same
purposes and the same period as, the amounts in the accounts
to which transferred; and
(2) may not be expended for an item that has been denied
authorization of appropriations by Congress.
(c) Relationship to Other Transfer Authority.--The transfer
authority provided in this section is in addition to the
transfer authority provided in section 1001.

Subtitle B--Environmental Provisions

SEC. 311. PAYMENT OF FINES AND PENALTIES IMPOSED FOR
ENVIRONMENTAL VIOLATIONS.

(a) Army Violations.--Using amounts authorized to be
appropriated by section 301(1) for operation and maintenance
for the Army, the

[[Page H3209]]

Secretary of the Army may pay the following amounts in
connection with environmental violations at the following
locations:
(1) $993,000 for Walter Reed Army Medical Center,
Washington, D.C., in satisfaction of a fine imposed by Region
3 of the Environmental Protection Agency for a supplemental
environmental project.
(2) $377,250 for Fort Campbell, Kentucky, in satisfaction
of a fine imposed by Region 4 of the Environmental Protection
Agency for a supplemental environmental project.
(3) $20,701 for Fort Gordon, Georgia, in satisfaction of a
fine imposed by the State of Georgia for a supplemental
environmental project.
(4) $78,500 for Pueblo Chemical Depot, Colorado, in
satisfaction of a fine imposed by the State of Colorado for
supplemental environmental projects.
(5) $20,000 for Deseret Chemical Depot, Utah, in
satisfaction of a fine imposed by the State of Utah for a
supplemental environmental project.
(b) Navy Violations.--Using amounts authorized to be
appropriated by section 301(2) for operation and maintenance
for the Navy, the Secretary of the Navy may pay not more than
the following amounts in connection with environmental
violations at the following military installations:
(1) $108,800 for Allegany Ballistics Laboratory, West
Virginia, in satisfaction of a penalty imposed by the West
Virginia Division of Environmental Protection.
(2) $5,000 for Naval Air Station, Corpus Christi, Texas, in
satisfaction of a penalty imposed by Region 6 of the
Environmental Protection Agency.
(c) Reduction in Payment Amounts.--An amount specified in
subsection (a) or (b) as the authorized payment for an
environmental violation shall be reduced to reflect any
amounts previously paid by the Secretary concerned in
connection with that violation.

SEC. 312. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO
PROTECT NATIONAL SECURITY AND ENHANCE MILITARY
READINESS.

(a) Necessity of Current Training Routes and Areas.--The
environmental impact statements completed as of the date of
the enactment of this Act for each special use airspace
designated by a military department for the performance of
low-level training flights, including each military training
route, slow speed route, military operations area, restricted
area, or low altitude tactical navigation area, are deemed to
satisfy the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and regulations
implementing such law.
(b) Protecting Future Flexibility of Network.--On and after
the date of the enactment of this Act, a proposal by a
military department to establish or to expand or otherwise
modify a special use airspace for low-level training flights
shall be considered separately to determine whether the
proposal is a major Federal action significantly affecting
the quality of the human environment for purposes of the
National Environmental Policy Act of 1969.

SEC. 313. USE OF ENVIRONMENTAL RESTORATION ACCOUNTS TO
RELOCATE ACTIVITIES FROM DEFENSE ENVIRONMENTAL
RESTORATION SITES

Subsection (b) of section 2703 of title 10, United States
Code, is amended to read as follows:
``(b) Obligation of Authorized Amounts.--(1) Funds
authorized for deposit in an account under subsection (a) may
be obligated or expended from the account only--
``(A) to carry out the environmental restoration functions
of the Secretary of Defense and the Secretaries of the
military departments under this chapter and under any other
provision of law; and
``(B) to relocate activities from defense sites, including
sites formerly used by the Department of Defense that are
released from Federal Government control, at which the
Secretary is responsible for environmental restoration
functions.
``(2) The authority provided by paragraph (1)(B) expires
September 30, 2003. Not more than five percent of the funds
deposited in an account under subsection (a) for a fiscal
year may be used for activities under paragraph (1)(B).
``(3) If relocation assistance under paragraph (1)(B) is to
be provided with respect to a site formerly used by the
Department of Defense, but now released from Federal
Government control, the Secretary of Defense or the Secretary
of the military department concerned may use only fund
transfer mechanisms otherwise available to the Secretary. The
Secretary may not provide assistance under such paragraph for
permanent relocation from the affected site unless the
Secretary determines that permanent relocation is the most
cost effective method of dealing with the activities located
at the affected site and notifies the Congress of the
determination before providing the assistance.
``(4) Funds authorized for deposit in an account under
subsection (a) shall remain available until expended.''.

Subtitle C--Commissaries and Nonappropriated Fund Instrumentalities

SEC. 321. USE OF APPROPRIATED FUNDS TO COVER OPERATING
EXPENSES OF COMMISSARY STORES.

(a) In General.--(1) Section 2484 of title 10, United
States Code, is amended to read as follows:

``Sec. 2484. Commissary stores: use of appropriated funds to
cover operating expenses

``(a) Operation of Agency and System.--Except as otherwise
provided in this title, the operation of the Defense
Commissary Agency and the defense commissary system may be
funded using such amounts as are appropriated for such
purpose.
``(b) Operating Expenses of Commissary Stores.--
Appropriated funds may be used to cover the expenses of
operating commissary stores and central product processing
facilities of the defense commissary system. For purposes of
this subsection, operating expenses include the following:
``(1) Salaries of employees of the United States, host
nations, and contractors supporting commissary store
operations.
``(2) Utilities.
``(3) Communications.
``(4) Operating supplies and services.
``(5) Second destination transportation costs within or
outside the United States.
``(6) Any cost associated with above-store level management
or other indirect support of a commissary store or a central
product processing facility, including equipment maintenance
and information technology costs.''.
(2) The table of sections at the beginning of chapter 147
of such title is amended by striking the item relating to
section 2484 and inserting the following new item:

``2484. Commissary stores: use of appropriated funds to cover operating
expenses.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 322. ADJUSTMENT OF SALES PRICES OF COMMISSARY STORE
GOODS AND SERVICES TO COVER CERTAIN EXPENSES.

(a) Adjustment Required.--Section 2486 of title 10, United
States Code, is amended--
(1) in subsection (c), by striking ``section 2484(b) or''
and inserting ``subsection (d) or section''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``sections 2484 and'' and
inserting ``section''; and
(B) by adding at the end the following new paragraph:
``(3) The sales price of merchandise and services sold in,
at, or by commissary stores shall be adjusted to cover the
following:
``(A) The cost of first destination commercial
transportation of the merchandise in the United States to the
place of sale.
``(B) The actual or estimated cost of shrinkage, spoilage,
and pilferage of merchandise under the control of commissary
stores.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 323. USE OF SURCHARGES FOR CONSTRUCTION AND IMPROVEMENT
OF COMMISSARY STORES.

(a) Expansion of Authorized Uses.--Subsection (b) of
section 2685 of title 10, United States Code, is amended to
read as follows:
``(b) Use for Construction, Repair, Improvement, and
Maintenance.--(1) The Secretary of Defense may use the
proceeds from the adjustments or surcharges authorized by
subsection (a) only--
``(A) to acquire (including acquisition by lease),
construct, convert, expand, improve, repair, maintain, and
equip the physical infrastructure of commissary stores and
central product processing facilities of the defense
commissary system; and
``(B) to cover environmental evaluation and construction
costs, including surveys, administration, overhead, planning,
and design, related to activities described in paragraph (1).
``(2) In paragraph (1), the term `physical infrastructure'
includes real property, utilities, and equipment (installed
and free standing and including computer equipment),
necessary to provide a complete and usable commissary store
or central product processing facility.''.
(b) Authority of Secretary of Defense.--Such section is
further amended--
(1) in subsection (a), by striking ``Secretary of a
military department, under regulations established by him and
approved by the Secretary of Defense,'' and inserting
``Secretary of Defense'';
(2) in subsection (c)--
(A) by striking ``Secretary of a military department, with
the approval of the Secretary of Defense and'' and inserting
``Secretary of Defense, with the approval of''; and
(B) by striking ``Secretary of the military department
determines'' and inserting ``Secretary determines''; and
(3) in subsection (d), by striking ``Secretary of a
military department'' and inserting ``Secretary of Defense''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2001.

SEC. 324. INCLUSION OF MAGAZINES AND OTHER PERIODICALS AS AN
AUTHORIZED COMMISSARY MERCHANDISE CATEGORY.

(a) Additional Authorized Category.--Subsection (b) of
section 2486 of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Magazines and other periodicals.''.
(b) Conforming Amendments.--Subsection (f) of such section
is amended--
(1) by striking ``(1)'' before ``Notwithstanding'';
(2) by striking ``items in the merchandise categories
specified in paragraph (2)'' and inserting ``tobacco
products''; and
(3) by striking paragraph (2).

SEC. 325. USE OF MOST ECONOMICAL DISTRIBUTION METHOD FOR
DISTILLED SPIRITS.

Section 2488(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).

SEC. 326. REPORT ON EFFECTS OF AVAILABILITY OF SLOT MACHINES
ON UNITED STATES MILITARY INSTALLATIONS
OVERSEAS.

(a) Report Required.--Not later than March 31, 2001, the
Secretary of Defense shall submit to

[[Page H3210]]

Congress a report evaluating the effect that the ready
availability of slot machines as a morale, welfare, and
recreation activity on United States military installations
outside of the United States has on members of the Armed
Forces, their dependents, and other persons who use such slot
machines, the morale of military communities overseas, and
the personal financial stability of members of the Armed
Forces.
(b) Matters To Be Included.--The Secretary shall include in
the report--
(1) an estimate of the number of persons who used such slot
machines during the preceding two years and, of such persons,
the percentage who were enlisted members (shown both in the
aggregate and by pay grade), officers (shown both in the
aggregate and by pay grade), Department of Defense civilians,
other United States persons, and foreign nationals;
(2) to the extent feasible, information with respect to
military personnel referred to in paragraph (1) showing the
number (as a percentage and by pay grade) who have--
(A) sought financial services counseling at least partially
due to the use of such slot machines;
(B) qualified for Government financial assistance at least
partially due to the use of such slot machines; or
(C) had a personal check returned for insufficient funds or
received any other nonpayment notification from a creditor at
least partially due to the use of such slot machines; and
(3) to the extent feasible, information with respect to the
average amount expended by each category of persons referred
to in paragraph (1) in using such slot machines per visit, to
be shown by pay grade in the case of military personnel.

Subtitle D--Performance of Functions by Private-Sector Sources

SEC. 331. INCLUSION OF ADDITIONAL INFORMATION IN REPORTS TO
CONGRESS REQUIRED BEFORE CONVERSION OF
COMMERCIAL OR INDUSTRIAL TYPE FUNCTIONS TO
CONTRACTOR PERFORMANCE.

(a) Information Required Before Commencement of Conversion
Analysis.--Subsection (b)(1)(D) of section 2461 of title 10,
United States Code, is amended by inserting before the period
the following: ``, and a certification that funds are
specifically budgeted to pay for the cost of the analysis''.
(b) Information Required in Notification of Decision.--
Subsection (c)(1) of such section is amended--
(1) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as subparagraphs (B), (C), (D), (F), and (G),
respectively;
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) The date when the analysis of that commercial or
industrial type function for possible change to performance
by the private sector was commenced.''; and
(3) by inserting after subparagraph (D), as so
redesignated, the following new subparagraph:
``(E) The number of Department of Defense civilian
employees who were performing the function when the analysis
was commenced and the number of such employees whose
employment was terminated or otherwise adversely affected in
implementing the most efficient organization of the function
or whose employment will be terminated or otherwise adversely
affected by the change to performance of the function by the
private sector.''.

SEC. 332. LIMITATION ON USE OF FUNDS FOR NAVY MARINE CORPS
INTRANET CONTRACT.

(a) In General.--None of the funds authorized to be
appropriated for fiscal year 2001 for the Department of the
Navy may be obligated or expended to carry out a Navy Marine
Corps Intranet contract until the date that is 60 days after
the date that the Secretary submits to Congress the following
information:
(1) Outcome-oriented performance measures regarding such
contract.
(2) A description of the alternatives considered to such
contract, and the factors relied on in determining not to
pursue such alternatives.
(3) A description of the baseline of current costs to the
Department of the Navy for performing information technology
services that would be carried out under such contract and
current mission capability regarding such services.
(4) An analysis of how civilian and military personnel who
currently perform information technology functions would be
impacted by such contract, including a description of--
(A) the number such personnel currently performing such
functions at the Echelon I level;
(B) the number of such personnel who would no longer
perform such functions as a result of the Navy Marine Corps
Intranet contract, and what functions such personnel would
perform after the implementation of such contract; and
(C) whether a reduction in force would be necessary as a
result of such contract.
(5) A complete funding profile with respect to such
contract, including a description of--
(A) the amount of funds obligated or expended in fiscal
years 1999 and 2000 for information technology at the Echelon
I level, and from what accounts such funds were obligated or
expended; and
(B) the accounts from which funds would be used for the
purpose of carrying out a Navy Marine Corps Intranet contract
in fiscal year 2001 and throughout the period of the future-
years defense plan of the Department of Defense.
(6) A risk assessment which--
(A) describes the probability of achieving cost, schedule,
and performance goals with respect to such contract;
(B) categorizes all identified risks in terms of the
likelihood of occurrence and potential impact of such risks;
and
(C) establishes a plan for mitigation of each risk that is
identified as of high importance.
(7) A certification that, beginning in fiscal year 2002,
the Department of the Navy will comply with the requirements
in OMB Circular A-11.
(b) GAO Report.--In any case in which the Secretary of the
Navy submits to Congress the information described in
subsection (a), not later than 60 days after the date that
the Secretary submits such information the Comptroller
General shall review and submit a report on the information
to the congressional defense committees.
(c) Navy Marine Corps Intranet Contract Defined.--In this
section, the term ``Navy Marine Corps Intranet contract''
means a long-term arrangement with the commercial sector that
transfers the responsibility and risk for providing and
managing the vast majority of desktop, server,
infrastructure, and communication assets and services of the
Department of the Navy.

Subtitle E--Defense Dependents Education

SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.

(a) Continuation of Department of Defense Program for
Fiscal Year 2001.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance
for Defense-wide activities, $35,000,000 shall be available
only for the purpose of providing educational agencies
assistance (as defined in subsection (d)(1)) to local
educational agencies.
(b) Notification.--Not later than June 30, 2001, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2001 of--
(1) that agency's eligibility for educational agencies
assistance; and
(2) the amount of the educational agencies assistance for
which that agency is eligible.
(c) Disbursement of Funds.--The Secretary of Defense shall
disburse funds made available under subsection (a) not later
than 30 days after the date on which notification to the
eligible local educational agencies is provided pursuant to
subsection (b).
(d) Definitions.--In this section:
(1) The term ``educational agencies assistance'' means
assistance authorized under section 386(b) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 20 U.S.C. 7703 note).
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 342. ELIGIBILITY FOR ATTENDANCE AT DEPARTMENT OF DEFENSE
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.

Section 2164(c) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``and Other
Persons'' after ``Employees''; and
(2) by adding at the end the following new paragraph:
``(3)(A) The Secretary may authorize the dependent of an
American Red Cross employee described in subparagraph (B) to
enroll in an education program provided by the Secretary
pursuant to subsection (a) if the American Red Cross agrees
to reimburse the Secretary for the educational services so
provided.
``(B) An employee referred to in subparagraph (A) is an
American Red Cross employee who--
``(i) resides in Puerto Rico; and
``(ii) performs, on a full-time basis, emergency services
on behalf of members of the armed forces.
``(C) Amounts received under this paragraph as
reimbursement for educational services shall be treated in
the same manner as amounts received under subsection (g).''.

Subtitle F--Military Readiness Issues

SEC. 351. ADDITIONAL CAPABILITIES OF, AND REPORTING
REQUIREMENTS FOR, THE READINESS REPORTING
SYSTEM.

(a) Measuring Cannibalization of Parts, Supplies, and
Equipment.--Subsection (c) of section 117 of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
``(7) Measure, on a quarterly basis, the extent to which
units of the armed forces remove serviceable parts, supplies,
or equipment from one vehicle, vessel, or aircraft in order
to render a different vehicle, vessel, or aircraft
operational.''.
(b) Funding to Address Deficiencies.--Subsection (e) of
such section is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) by striking ``Each such report'' and inserting the
following:
``(3) Each report under this subsection''; and
(3) by inserting after the first sentence the following new
paragraph:
``(2) The monthly report submitted under paragraph (1) that
covers the first quarter of the then current fiscal year
shall also include a description of the funding proposed in
the President's budget for the next fiscal year, and for the
subsequent fiscal years covered by the most recent future-
years defense program submitted under section 221 of this
title, to address each deficiency in readiness identified
during the joint readiness review conducted for the first
quarter of the current fiscal year.''.

SEC. 352. REPORTING REQUIREMENTS REGARDING TRANSFERS FROM
HIGH-PRIORITY READINESS APPROPRIATIONS.

(a) Continuation of Reporting Requirements.--Section 483 of
title 10, United States Code, is amended by striking
subsection (e).
(b) Level of Detail.--Subsection (c)(2) of such section is
amended by inserting before the period the following: ``,
including identification of the sources from which funds were
transferred into that activity and identification of

[[Page H3211]]

the recipients of the funds transferred out of that
activity''.
(c) Additional Covered Budget Activities.--Subsection
(d)(5) of such section is amended by adding at the end the
following new subparagraphs:
``(G) Combat Enforcement Forces.
``(H) Combat Communications.''.

SEC. 353. DEPARTMENT OF DEFENSE STRATEGIC PLAN TO REDUCE
BACKLOG IN MAINTENANCE AND REPAIR OF DEFENSE
FACILITIES.

(a) Plan Required.--Section 2661 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Plan to Address Maintenance and Repair Backlog.--(1)
The Secretary of Defense shall develop, and update annually
thereafter, a strategic plan to reduce the backlog in
maintenance and repair needs of facilities and infrastructure
under the jurisdiction of the Department of Defense or a
military department. At a minimum, the plan shall include or
address the following:
``(A) A comprehensive strategy for the repair and
revitalization of facilities and infrastructure, or for the
demolition and replacement of unusable facilities, carried as
backlog by the Secretary concerned.
``(B) Measurable goals, over specified time frames, for
achieving the objectives of the strategy.
``(C) Expected funding for each military department and
Defense Agency to carry out the strategy during the period
covered by the most recent future-years defense program
submitted to Congress pursuant to section 221 of this title.
``(D) The cost of the current backlog in maintenance and
repair for each military department and Defense Agency, which
shall be determined using the standard costs to standard
facility categories in the Department of Defense Facilities
Cost Factors Handbook, shown both in the aggregate and
individually for each major military installation.
``(E) The total number of square feet of building space of
each military department and Defense Agency to be demolished
or proposed for demolition under the plan, shown both in the
aggregate and individually for each major military
installation.
``(F) The initiatives underway to identify facility and
infrastructure requirements at military installation to
accommodate new and developing weapons systems and to prepare
installations to accommodate these systems.
``(2) Not later than March 15, 2001, the Secretary shall
submit the strategic plan to Congress. The annual updates
shall be submitted to Congress each year at or about the time
that the President's budget is submitted to Congress that
year under section 1105(a) of title 31.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Availability of
Operation and Maintenance Funds.--'' after ``(a)''; and
(2) in subsection (b), by inserting ``General Leasing
Authority; Maintenance of Defense Access Roads.--'' after
``(b)''.

Subtitle G--Other Matters

SEC. 361. AUTHORITY TO ENSURE DEMILITARIZATION OF SIGNIFICANT
MILITARY EQUIPMENT FORMERLY OWNED BY THE
DEPARTMENT OF DEFENSE.

(a) Authority to Require Demilitarization After Disposal.--
Chapter 153 of title 10, United States Code, is amended by
inserting after section 2572 the following new section:

``Sec. 2573. Significant military equipment: continued
authority to require demilitarization after disposal

``(a) Authority to Require Demilitarization.--The Secretary
of Defense may require any person in possession of
significant military equipment formerly owned by the
Department of Defense--
``(1) to demilitarize the equipment,
``(2) to have the equipment demilitarized by a third party;
or
``(3) to return the equipment to the Government for
demilitarization.
``(b) Cost and Validation of Demilitarization.--When the
demilitarization of significant military equipment is carried
out by the person in possession of the equipment pursuant to
paragraph (1) or (2) of subsection (a), the person shall be
solely responsible for all demilitarization costs, and the
United States shall have the right to validate that the
equipment has been demilitarized.
``(c) Return of Equipment to Government.--When the
Secretary of Defense requires the return of significant
military equipment for demilitarization by the Government,
the Secretary shall bear all costs to transport and
demilitarize the equipment. If the person in possession of
the significant military equipment obtained the property in
the manner authorized by law or regulation and the Secretary
determines that the cost to demilitarize and return the
property to the person is prohibitive, the Secretary shall
reimburse the person for the purchase cost of the property
and for the reasonable transportation costs incurred by the
person to purchase the equipment.
``(d) Establishment of Demilitarization Standards.--The
Secretary of Defense shall prescribe by regulation what
constitutes demilitarization for each type of significant
military equipment.
``(e) Exception for Government Contracts.--This section
does not apply when a person is in possession of significant
military equipment formerly owned by the Department of
Defense for the purpose of demilitarizing the equipment
pursuant to a Government contract.
``(f) Definition of Significant Military Equipment.--In
this section, the term `significant military equipment'
means--
``(1) an article for which special export controls are
warranted under the Arms Export Control Act (22 U.S.C. 2751
et seq.) because of its capacity for substantial military
utility or capability, as identified on the United States
Munitions List maintained under section 121.1 of title 22,
Code of Federal Regulations; and
``(2) any other article designated by the Department of
Defense as requiring demilitarization before its disposal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2572 the following new item:

``2573. Significant military equipment: continued authority to require
demilitarization after disposal.''.

SEC. 362. ANNUAL REPORT ON PUBLIC SALE OF CERTAIN MILITARY
EQUIPMENT IDENTIFIED ON UNITED STATES MUNITIONS
LIST.

(a) Annual Report Required.--Chapter 153 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2582. Military equipment identified on United States
munitions list: annual report of public sales

``(a) Report Required.--The Secretary of Defense shall
prepare an annual report identifying each public sale
conducted by a military department or Defense Agency of
military items that are--
``(1) identified on the United States Munitions List
maintained under section 121.1 of title 22, Code of Federal
Regulations; and
``(2) assigned a demilitarization code of `B' or its
equivalent.
``(b) Elements of Report.--(1) A report under this section
shall cover all public sales described in subsection (a) that
were conducted during the preceding fiscal year.
``(2) The report shall specify the following for each sale:
``(A) The date of the sale.
``(B) The military department or Defense Agency conducting
the sale.
``(C) The manner in which the sale was conducted.
``(D) The military items described in subsection (a) that
were sold or offered for sale.
``(E) The purchaser of each item.
``(F) The stated end-use of each item sold.
``(c) Submission of Report.--Not later than March 31 of
each year, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate the report
required by this section for the preceding fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2582. Military equipment identified on United States munitions list:
annual report of public sales.''.

SEC. 363. REGISTRATION OF CERTAIN INFORMATION TECHNOLOGY
SYSTEMS WITH CHIEF INFORMATION OFFICER.

(a) Registration Required.--During fiscal years 2001, 2002,
and 2003, no funds available to the Department of Defense may
be used for a mission critical or mission essential
information technology system (including a system funded by
the defense working capital fund) that is not registered with
the Chief Information Officer of the Department of Defense.
(b) Manner of Registration.--A system shall be considered
to be registered with the Chief Information Officer upon the
furnishing to that officer of notice of the system, together
with such information concerning the system as the Secretary
of Defense may prescribe.
(c) Quarterly Updates.--In the case of each information
technology system registered pursuant to this section, the
information required under subsection (b) to be submitted as
part of the registration shall be updated on not less than a
quarterly basis.
(d) Covered Information Technology Systems.--An information
technology system shall be considered to be a mission
critical or mission essential information technology system
for purposes of this section as defined by the Secretary of
Defense.
(e) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

SEC. 364. STUDIES AND REPORTS REQUIRED AS PRECONDITION TO
CERTAIN MANPOWER REDUCTIONS.

(a) Required Studies and Reports.--Chapter 146 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2475. Consolidation of functions or activities and
reengineering or restructuring of organizations, functions,
or activities: required studies and reports before manpower
reductions

``(a) Reporting and Analysis Requirements as Precondition
to Manpower Reductions.--The Secretary of Defense may not
initiate manpower reductions at organizations or activities,
or within functions, that are commercial, commercial exempt
from competition, military essential, or inherently
governmental until the Secretary fully complies with the
reporting and analysis requirements specified in subsections
(b) and (c).
``(b) Notification and Elements of Analysis.--Before
commencing to analyze any commercial, commercial exempt from
competition, military essential, or inherently governmental
organization, function, or activity for the consolidation,
restructuring, or reengineering of

[[Page H3212]]

military personnel or Department of Defense civilian
employees, the Secretary of Defense shall submit to Congress
a report containing the following:
``(1) The organization, function, or activity to be
analyzed for possible consolidation, restructuring, or
reengineering.
``(2) The location or locations at which military personnel
or Department of Defense civilian employees would be
affected.
``(3) The number of military personnel or Department of
Defense civilian employee positions potentially affected.
``(4) A description of the organization, function, or
activity to be analyzed for possible consolidation,
restructuring, or reengineering, including a description of
all missions, duties, or military requirements that might be
affected.
``(5) An examination of the cost incurred by the Department
of Defense to perform the function or to operate the
organization or activity that will be analyzed.
``(6) A certification that a proposed consolidation,
restructuring, or reengineering of a commercial, commercial
exempt from competition, military essential, or inherently
governmental organization, function, or activity is not a
result of a decision by an official of a military department
or Defense Agency to impose predetermined constraints or
limitations on the number of military personnel or Department
of Defense civilian employees.
``(c) Notification of Decision.--If, as a result of the
completion of an analysis carried out consistent with the
requirements of subsection (b), a decision is made to
consolidate, restructure, or reengineer an organization,
function, or activity, the Secretary of Defense shall submit
to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate a report describing that decision. The report shall
contain the following:
``(1) The Secretary's certification that the consolidation,
restructuring, or reengineering that was analyzed will yield
savings to the Department of Defense.
``(2) A projection of the savings that will be realized as
a result of the consolidation, restructuring, or
reengineering, compared with the cost incurred by the
Department of Defense to perform the function or to operate
the organization or activity prior to such proposed
consolidation, restructuring, or reengineering.
``(3) A description of all missions, duties, or military
requirements that will be affected as a result of the
decision to consolidate, restructure, or reengineer the
organization, function, or activity that was analyzed.
``(4) The Secretary's certification that the consolidation,
restructuring or reengineering will not result in any
diminution of military readiness.
``(5) A schedule for performing the consolidation,
restructuring or reengineering.
``(6) The Secretary's certification that the entire
analysis is available for examination.
``(d) Delegation.--The responsibility to prepare reports
under subsections (b) and (c) may be delegated to the Deputy
Under Secretary of Defense for Installations.
``(e) Commencement; Waiver for Small Functions.--(1) The
consolidation, restructuring, or reengineering of an
organization, function, or activity for which a report is
required under subsection (c) shall not begin until at least
45 days after the submission of the report to the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate.
``(2) Subsection (c) shall not apply to a consolidation,
restructuring, or reengineering that will result in the
elimination of 10 or fewer military or Department of Defense
civilian employee positions.
``(f) Comptroller General Review.--Not later than March 1
of each year, the Comptroller General shall submit to
Congress a report reviewing decisions taken by the Secretary
of Defense to consolidate, restructure, or reengineer
organizations, functions, or activities during the previous
year and assessing the Secretary's compliance with this
section. The report shall include a detailed assessment by
the Comptroller General of whether the savings projected by
the Secretary to result from such decisions are likely to be
realized, and whether any decision taken by the Secretary is
likely to result in a diminution of military readiness. The
report shall also include detailed audits of selected
analyses performed by the Secretary.
``(g) Relation to Other Law.--Nothing in this section shall
be construed to obviate the requirements set forth in section
1597 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2475. Consolidation of functions or activities and reengineering or
restructuring of organizations, functions, or activities:
required studies and reports before manpower
reductions.''.

SEC. 365. NATIONAL GUARD ASSISTANCE FOR CERTAIN YOUTH AND
CHARITABLE ORGANIZATIONS.

Section 508 of title 32, United States Code, is amended--
(1) in subsection (b)(2), by inserting ``or any other youth
or charitable organization designated by the Secretary of
Defense'' after ``Special Olympics''; and
(2) in subsection (d)(1)--
(A) by redesignating paragraph (14) as paragraph (15); and
(B) by inserting after paragraph (13) the following new
paragraph (14):
``(14) Reach For Tomorrow.''.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2001, as follows:
(1) The Army, 480,000.
(2) The Navy, 372,642.
(3) The Marine Corps, 172,600.
(4) The Air Force, 357,000.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM LEVELS.

(a) Revised End Strength Floors.--Section 691(b) of title
10, United States Code, is amended--
(1) in paragraph (2), by striking ``371,781'' and inserting
``372,000'';
(2) in paragraph (3), by striking ``172,148'' and inserting
``172,600''; and
(3) in paragraph (4), by striking ``360,877'' and inserting
``357,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2000.

SEC. 403. ADJUSTMENT TO END STRENGTH FLEXIBILITY AUTHORITY.

Section 691(e) of title 10, United States Code, is amended
by inserting ``or greater than'' after ``identical to'.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2001, as follows:
(1) The Army National Guard of the United States, 350,526.
(2) The Army Reserve, 205,300.
(3) The Naval Reserve, 88,900.
(4) The Marine Corps Reserve, 39,558.
(5) The Air National Guard of the United States, 108,000.
(6) The Air Force Reserve, 74,358.
(7) The Coast Guard Reserve, 8,000.
(b) Adjustments.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.

Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of
such reserve component shall be proportionately increased by
the total authorized strengths of such units and by the total
number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2001, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 22,974.
(2) The Army Reserve, 13,106.
(3) The Naval Reserve, 14,649.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 11,148.
(6) The Air Force Reserve, 1,336.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

The minimum number of military technicians (dual status) as
of the last day of fiscal year 2001 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 5,921.
(2) For the Army National Guard of the United States,
23,129.
(3) For the Air Force Reserve, 9,785.
(4) For the Air National Guard of the United States,
22,247.

SEC. 414. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES
AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.

(a) Officers.--The table in section 12011(a) of title 10,
United States Code, is amended to read as follows:

------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
Major or Lieutenant Commander....... 3,405 1,071 998 140
Lieutenant Colonel or Commander..... 1,830 520 859 90
Colonel or Navy Captain............. 547 188 317 30''.
------------------------------------------------------------------------

(b) Senior Enlisted Members.--The table in section 12012(a)
of such title is amended to read as follows:

------------------------------------------------------------------------
Air Marine
``Grade Army Navy Force Corps
------------------------------------------------------------------------
E-9................................. 866 202 502 20
E-8................................. 2,966 429 1,131 94''.
------------------------------------------------------------------------

[[Page H3213]]

Subtitle C--Authorization of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY
PERSONNEL.

There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2001 a total of $75,801,666,000. The authorization in the
preceding sentence supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for
fiscal year 2001.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--General Personnel Management Authorities

SEC. 501. AUTHORITY FOR SECRETARY OF DEFENSE TO SUSPEND
CERTAIN PERSONNEL STRENGTH LIMITATIONS DURING
WAR OR NATIONAL EMERGENCY.

(a) Senior Enlisted Members on Active Duty.--Section 517 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of
Defense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended, end
in the manner specified in section 527 for a suspension under
that section.''.
(b) Field Grade Reserve Component Officers.--Section 12011
of such title is amended by adding at the end the following
new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of
Defense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended, end
in the manner specified in section 527 for a suspension under
that section.''.
(c) Senior Enlisted Member in Reserve Components.--Section
12012 of such title is amended by adding at the end the
following new subsection:
``(c) Whenever under section 527 of this title the
President may suspend the operation of any provision of
section 523, 525, or 526 of this title, the Secretary of
Defense may suspend the operation of any provision of this
section. Any such suspension shall, if not sooner ended, end
in the manner specified in section 527 for a suspension under
that section.''.

SEC. 502. AUTHORITY TO ISSUE POSTHUMOUS COMMISSIONS IN THE
CASE OF MEMBERS DYING BEFORE OFFICIAL
RECOMMENDATION FOR APPOINTMENT OR PROMOTION IS
APPROVED BY SECRETARY CONCERNED.

(a) Repeal of Limitation to Deaths Occurring After
Secretarial Approval.--Subsection (a)(3) of section 1521 of
title 10, United States Code, is amended by striking ``and
the recommendation for whose appointment or promotion was
approved by the Secretary concerned''.
(b) Effective Date of Commission.--Subsection (b) of such
section is amended by striking ``approval'' both places it
appears and inserting ``official recommendation''.

SEC. 503. TECHNICAL CORRECTION TO RETIRED GRADE RULE FOR ARMY
AND AIR FORCE OFFICERS.

(a) Army.--Section 3961(a) of title 10, United States Code,
is amended by striking ``or for nonregular service under
chapter 1223 of this title''.
(b) Air Force.--Section 8961(a) of such title is amended by
striking ``or for nonregular service under chapter 1223 of
this title''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to Reserve officers who are promoted to a
higher grade as a result of selection for promotion under
chapter 36 or chapter 1405 of title 10, United States Code,
or having been found qualified for Federal recognition in a
higher grade under chapter 3 of title 32, United States Code,
after October 5, 1994.

SEC. 504. EXTENSION TO END OF CALENDAR YEAR OF EXPIRATION
DATE FOR CERTAIN FORCE DRAWDOWN TRANSITION
AUTHORITIES.

(a) Early Retirement Authority for Active Force Members.--
Section 4403(i) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1293 note) is amended by striking
``October 1, 2001'' and inserting ``December 31, 2001''.
(b) SSB and VSI.--Sections 1174a(h) and 1175(d)(3) of title
10, United States Code, are amended by striking ``September
30, 2001'' and inserting ``December 31, 2001''.
(c) Selective Early Retirement Boards.--Section 638a(a) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(d) Time-in-Grade Requirement for Retention of Grade Upon
Voluntary Retirement.--Section 1370(a)(2)(A) of such title is
amended by striking ``September 30, 2001'' and inserting
``December 31, 2001''.
(e) Minimum Commissioned Service for Voluntary Retirement
as an Officer.--Sections 3911(b), 6323(a)(2), and 8911(b) of
such title are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(f) Travel, Transportation, and Storage Benefits.--Sections
404(c)(1)(C), 404(f)(2)(B)(v), 406(a)(2)(B)(v), and
406(g)(1)(C) of title 37, United States Code, and section
503(c) of the National Defense Authorization Act for Fiscal
Year 1991 (37 U.S.C. 406 note) are amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(g) Educational Leave for Public and Community Service.--
Section 4463(f) of the National Defense Authorization Act for
Fiscal Year 1993 (10 U.S.C. 1143a note) is amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(h) Transitional Health Benefits.--Subsections (a)(1),
(c)(1), and (e) of section 1145 of title 10, United States
Code, are amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(i) Transitional Commissary and Exchange Benefits.--Section
1146 of such title is amended by striking ``September 30,
2001'' both places it appears and inserting ``December 31,
2001''.
(j) Transitional Use of Military Housing.--Paragraphs (1)
and (2) of section 1147(a) of such title are amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(k) Continued Enrollment of Dependents in Defense
Dependents' Education System.--Section 1407(c)(1) of the
Defense Dependents' Education Act of 1978 (20 U.S.C.
926(c)(1)) is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(l) Force Reduction Transition Period Definition.--Section
4411 of the National Defense Authorization Act for Fiscal
Year 1993 (10 U.S.C. 12681 note) is amended by striking
``September 30, 2001'' and inserting ``December 31, 2001''.
(m) Temporary Special Authority for Force Reduction Period
Retirements.--Section 4416(b)(1) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 12681 note)
is amended by striking ``October 1, 2001'' and inserting
``December 31, 2001''.
(n) Retired Pay for Non-Regular Service.--(1) Section
12731(f) of title 10, United States Code, is amended by
striking ``September 30, 2001'' and inserting ``December 31,
2001''.
(2) Section 12731a of such title is amended in subsections
(a)(1)(B) and (b) by striking ``October 1, 2001'' and
inserting ``December 31, 2001''.
(o) Reduction of Time-in-Grade Requirement for Retention of
Grade Upon Voluntary Retirement.--Section 1370(d)(5) of such
title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.
(p) Affiliation With Guard and Reserve Units; Waiver of
Certain Limitations.--Section 1150(a) of such title is
amended by striking ``September 30, 2001'' and inserting
``December 31, 2001''.
(q) Reserve Montgomery GI Bill.--Section 16133(b)(1)(B) of
such title is amended by striking ``September 30, 2001'' and
inserting ``December 31, 2001''.

SEC. 505. CLARIFICATION OF REQUIREMENTS FOR COMPOSITION OF
ACTIVE-DUTY LIST SELECTION BOARDS WHEN RESERVE
OFFICERS ARE UNDER CONSIDERATION.

(a) Clarification.--Section 612(a) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``who are on the active-duty list'' in the
second sentence; and
(B) by inserting after the second sentence the following
new sentence: ``Each member of a selection board (except as
provided in paragraphs (2), (3), and (4)) shall be an officer
on the active-duty list.''; and
(2) in paragraph (3)--
(A) by striking ``of that armed force, with the exact
number of reserve officers to be'' and inserting ``of that
armed force on active duty (whether or not on the active-duty
list). The actual number of reserve officers shall be''; and
(B) by striking ``his discretion, except that'' and
inserting ``the Secretary's discretion. Notwithstanding the
first sentence of this paragraph,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any selection board convened under section
611(a) of title 10, United States Code, on or after August 1,
1981.

SEC. 506. VOLUNTARY SEPARATION INCENTIVE.

(a) Authority for Termination Upon Entitlement to Retired
Pay.--Section 1175(e)(3) of title 10, United States Code, is
amended--
(1) inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following new subparagraph:
``(B) If a member is receiving simultaneous voluntary
separation incentive payments and retired or retainer pay,
the member may elect to terminate the receipt of voluntary
separation incentive payments. Any such election is permanent
and irrevocable. The rate of monthly recoupment from retired
or retainer pay of voluntary separation incentive payments
received after such an election shall be reduced by a
percentage that is equal to a fraction with a denominator
equal to the number of months that the voluntary separation
incentive payments were scheduled to be paid and a numerator
equal to the number of months that would not be paid as a
result of the member's decision to terminate the voluntary
separation incentive.''.
(b) Effective Date.--Subparagraph (B) of section 1175(e)(3)
of title 10, United States Code, as added by subsection (a),
shall apply with respect to decisions by members to terminate
voluntary separation incentive payments under section 1175 of
title 10, United States Code, to be effective after September
30, 2000.

SEC. 507. CONGRESSIONAL REVIEW PERIOD FOR ASSIGNMENT OF WOMEN
TO DUTY ON SUBMARINES AND FOR ANY PROPOSED
RECONFIGURATION OR DESIGN OF SUBMARINES TO
ACCOMMODATE FEMALE CREW MEMBERS.

(a) In General.--(1) Chapter 555 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 6035. Female members: congressional review period for
assignment to duty on submarines or for reconfiguration of
submarines

``(a) No change in the Department of the Navy policy
limiting service on submarines to males, as in effect on May
10, 2000, may take effect until--
``(1) the Secretary of Defense submits to Congress written
notice of the proposed change; and
``(2) a period of 120 days of continuous session of
Congress expires following the date on which the notice is
received.

[[Page H3214]]

``(b) No funds available to the Department of the Navy may
be expended to reconfigure any existing submarine, or to
design any new submarine, to accommodate female crew members
until--
``(1) the Secretary of Defense submits to Congress written
notice of the proposed reconfiguration or design; and
``(2) a period of 120 days of continuous session of
Congress expires following the date on which the notice is
received.
``(c) For purposes of this section--
``(1) the continuity of a session of Congress is broken
only by an adjournment of the Congress sine die; and
``(2) the days on which either House of Congress is not in
session because of an adjournment of more than three days to
a day certain are excluded in the computation of such 120-day
period.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``6035. Female members: congressional review period for assignment to
duty on submarines or for reconfiguration of
submarines.''.
(b) Conforming Amendment.--Section 542(a)(1) of the
National Defense Authorization Act for Fiscal Year 1994 (10
U.S.C. 113 note) is amended by inserting ``or by section 6035
of title 10, United States Code'' after ``Except in a case
covered by subsection (b)''.

Subtitle B--Reserve Component Personnel Policy

SEC. 511. EXEMPTION FROM ACTIVE-DUTY LIST FOR RESERVE
OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE
YEARS OR LESS.

Section 641(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) on the reserve active-status list who are on active
duty under section 12301(d) of this title, other than as
provided in subparagraph (C), under a call or order to active
duty specifying a period of three years or less;''.

SEC. 512. EXEMPTION OF RESERVE COMPONENT MEDICAL AND DENTAL
OFFICERS FROM COUNTING IN GRADE STRENGTHS.

Section 12005(a)(1) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``Medical officers and dental officers shall be excluded in
computing and determining the authorized strengths under this
subsection.''.

SEC. 513. CONTINUATION OF OFFICERS ON THE RESERVE ACTIVE
STATUS LIST WITHOUT REQUIREMENT FOR
APPLICATION.

Section 14701(a) of title 10, United States Code, is
amended by striking ``Upon application, a reserve officer''
and inserting ``A reserve officer''.

SEC. 514. AUTHORITY TO RETAIN RESERVE COMPONENT CHAPLAINS AND
OFFICERS IN MEDICAL SPECIALTIES UNTIL SPECIFIED
AGE.

Section 14703(a)(3) of title 10, United States Code, is
amended by striking ``veterinary officers'' and all that
follows through the period and inserting ``Air Force nurse,
Medical Service Corps officer, biomedical sciences officer,
or chaplain.''.

SEC. 515. AUTHORITY FOR TEMPORARY INCREASE IN NUMBER OF
RESERVE COMPONENT PERSONNEL SERVING ON ACTIVE
DUTY OR FULL-TIME NATIONAL GUARD DUTY IN
CERTAIN GRADES.

(a) Field Grade Officers.--Section 12011 of title 10,
United States Code, as amended by section 501(b), is amended
by adding at the end the following new subsection:
``(d) Upon a determination by the Secretary of Defense that
such action is in the national interest, the Secretary may
increase the number of officers serving in any grade for a
fiscal year pursuant to subsection (a) by not more than the
percent authorized by the Secretary under section 115(c)(2)
of this title.''.
(b) Senior Enlisted Members.--Section 12012 of such title,
as amended by section 501(c), is amended by adding at the end
the following new subsection:
``(d) Upon a determination by the Secretary of Defense that
such action is in the national interest, the Secretary may
increase the number of enlisted members serving in any grade
for a fiscal year pursuant to subsection (a) by not more than
the percent authorized by the Secretary under section
115(c)(2) of this title.''.

SEC. 516. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO
RESERVE COMPONENT MEMBERS FOLLOWING RELEASE
FROM ACTIVE DUTY.

(a) Legal Services.--Section 1044(a) of title 10, United
States Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Members of a reserve component not covered by
paragraph (1) or (2), but only during a period, following a
release from active duty under a call or order to active duty
for more than 29 days under a mobilization authority (as
determined by the Secretary of Defense), that is not in
excess of twice the length of time served on active duty.''.
(b) Dependents.--Paragraph (5) of such section 1044(a) (as
redesignated by subsection (a)) is amended by striking ``and
(3)'' and inserting ``(3), and (4)''.
(c) Implementing Regulations.--Regulations to implement the
amendments made by subsections (a) and (b) shall be
prescribed not later than 180 days after the date of the
enactment of this Act.

SEC. 517. ENTITLEMENT TO SEPARATION PAY FOR RESERVE OFFICERS
RELEASED FROM ACTIVE DUTY UPON DECLINING
SELECTIVE CONTINUATION ON ACTIVE DUTY AFTER
SECOND FAILURE OF SELECTION FOR PROMOTION.

(a) Discharge or Release To Be Considered Involuntary.--
Section 1174(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) The discharge or release from active duty of an
officer under a law or regulation requiring that an officer
who has failed of selection for promotion to the next higher
grade for the second time, or who declines continuation on
active duty after such a failure, be discharged or released
from active duty shall be considered to be involuntary for
purposes of paragraph (1)(A).''.
(b) Effective Date.--Paragraph (4) of section 1174(c) of
title 10, United States Code, as added by subsection (a),
shall apply with respect to an offer for selective
continuation on active duty that is declined on or after the
date of the enactment of this Act.

SEC. 518. EXTENSION OF INVOLUNTARY CIVIL SERVICE RETIREMENT
DATE FOR CERTAIN RESERVE TECHNICIANS.

(a) Mandatory Retirement Not Applicable Until Age 60.--
Section 10218 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``and is age 60 or older at that time''
after ``unreduced annuity'' in paragraph (2);
(B) by inserting ``or is under age 60 at that time'' after
``unreduced annuity'' in paragraph (3)(A); and
(C) by inserting ``and becoming 60 years of age'' after
``unreduced annuity'' in paragraph (3)(B)(ii)(I); and
(2) in subsection (b)--
(A) by inserting ``and is age 60 or older'' after
``unreduced annuity'' in paragraph (1);
(B) by inserting ``or is under age 60'' after ``unreduced
annuity'' in paragraph (2)(A); and
(C) by inserting ``and becoming 60 years of age'' after
``unreduced annuity'' in paragraph (2)(B)(ii)(I).
(b) Transition Provision.--(1) An individual who before the
date of the enactment of this Act was involuntarily separated
or retired from employment as an Army Reserve or Air Force
Reserve technician under section 10218 of title 10, United
States Code, and who would not have been so separated if the
provisions of subsection (c) of that section, as amended by
subsection (a), had been in effect at the time of such
separation may, with the approval of the Secretary concerned,
be reinstated to the technician status held by that
individual immediately before that separation.
(2) The authority under paragraph (1) applies only to
reinstatement for which an application is received by the
Secretary concerned before the end of the one-year period
beginning on the date of the enactment of this Act.

Subtitle C--Education and Training

SEC. 521. COLLEGE TUITION ASSISTANCE PROGRAM FOR PURSUIT OF
DEGREES BY MEMBERS OF THE MARINE CORPS PLATOON
LEADERS CLASS PROGRAM.

(a) In General.--Section 16401 of title 10, United States
Code, is amended as follows:
(1) The section heading is amended to read as follows:

``Sec. 16401. Marine Corps Platoon Leaders Class program:
college tuition assistance program''.

(2) Subsection (a) is amended--
(A) by striking ``Financial'' in the subsection heading and
inserting ``College Tuition'';
(B) by striking ``an eligible enlisted'' in the matter
preceding paragraph (1) and inserting ``a''; and
(C) in paragraph (2), by striking ``three'' and inserting
``four''.
(3) Subsection (b)(1) is amended--
(A) by striking ``an enlisted'' and inserting ``a'';
(B) in subparagraph (A), by striking ``an officer candidate
in'' and inserting ``a member of'';
(C) by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively; and
(D) in subparagraph (C) (as so redesignated), by striking
``(3)'' and inserting ``(2)''.
(4) Subsection (b) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(5) Subsection (f)(1) is amended by striking ``A member''
and inserting ``An enlisted member''.
(b) Computation of Creditable Service.--Section 205(f) of
title 37, United States Code, is amended--
(1) by striking ``section 12209'' and inserting ``section
12203''; and
(2) by striking ``a member'' and inserting ``an enlisted
member''.
(c) Clerical Amendment.--The item relating to section 16401
in the table of sections at the beginning of chapter 1611 of
such title is amended to read as follows:

``16401. Marine Corps Platoon Leaders Class program: college tuition
assistance program.''.

SEC. 522. REVIEW OF ALLOCATION OF JUNIOR RESERVE OFFICERS
TRAINING CORPS UNITS AMONG THE SERVICES.

(a) Reallocation of JROTC Units.--Not later than March 31,
2001, the Secretary of Defense shall--
(1) review the allocation among the military departments of
the statutory maximum number of Junior Reserve Officers'
Training Corps (JROTC) units; and
(2) redistribute the allocation of those units planned (as
of the date of the enactment of this

[[Page H3215]]

Act) for fiscal years 2001 through 2006 so as to increase the
number of units for a military department that proposes to
more quickly eliminate the current waiting list for such
units and to commit the necessary resources for that purpose.
(b) Proposal for Increase in Statutory Maximum.--If, based
on the review under subsection (a) and the redistribution of
the allocation of JROTC units under that subsection, the
Secretary determines that an increase in the statutory
maximum number of such units is warranted, the Secretary
shall include a proposal for such an increase in the budget
proposal of the Department of Defense for fiscal year 2002.

SEC. 523. AUTHORITY FOR NAVAL POSTGRADUATE SCHOOL TO ENROLL
CERTAIN DEFENSE INDUSTRY CIVILIANS IN SPECIFIED
PROGRAMS RELATING TO DEFENSE PRODUCT
DEVELOPMENT.

(a) In General.--(1) Chapter 605 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 7049. Defense industry civilians: admission to defense
product development program

``(a) Authority for Admission.--The Secretary of the Navy
may permit eligible defense industry employees to receive
instruction at the Naval Postgraduate School in accordance
with this section. Any such defense industry employee may
only be enrolled in, and may only be provided instruction in,
a program leading to a masters's degree in a curriculum
related to defense product development. No more than 10 such
defense industry employees may be enrolled at any one time.
Upon successful completion of the course of instruction in
which enrolled, any such defense industry employee may be
awarded an appropriate degree under section 7048 of this
title.
``(b) Eligible Defense Industry Employees.--For purposes of
this section, an eligible defense industry employee is an
individual employed by a private firm that is engaged in
providing to the Department of Defense significant and
substantial defense-related systems, products, or services. A
defense industry employee admitted for instruction at the
school remains eligible for such instruction only so long at
that person remains employed by the same firm.
``(c) Annual Certification by the Secretary of the Navy.--
Defense industry employees may receive instruction at the
school during any academic year only if, before the start of
that academic year, the Secretary of the Navy determines, and
certifies to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives, that providing instruction to defense
industry employees under this section during that year--
``(1) will further the military mission of the school;
``(2) will enhance the ability of the Department of Defense
and defense-oriented private sector contractors engaged in
the design and development of defense systems to reduce the
product and project lead times required to bring such systems
to initial operational capability; and
``(3) will be done on a space-available basis and not
require an increase in the size of the faculty of the school,
an increase in the course offerings of the school, or an
increase in the laboratory facilities or other infrastructure
of the school.
``(d) Program Requirements.--The Secretary of the Navy
shall ensure that--
``(1) the curriculum for the defense product development
program in which defense industry employees may be enrolled
under this section is not readily available through other
schools and concentrates on defense product development
functions that are conducted by military organizations and
defense contractors working in close cooperation; and
``(2) the course offerings at the school continue to be
determined solely by the needs of the Department of Defense.
``(e) Tuition.--The Superintendent of the school shall
charge tuition for students enrolled under this section at a
rate not less than the rate charged for employees of the
United States outside the Department of the Navy.
``(f) Standards of Conduct.--While receiving instruction at
the school, students enrolled under this section, to the
extent practicable, are subject to the same regulations
governing academic performance, attendance, norms of
behavior, and enrollment as apply to Government civilian
employees receiving instruction at the school.
``(g) Use of Funds.--Amounts received by the school for
instruction of students enrolled under this section shall be
retained by the school to defray the costs of such
instruction. The source, and the disposition, of such funds
shall be specifically identified in records of the school.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``7049. Defense industry civilians: admission to defense product
development program.''.
(b) Program Evaluation and Report.--(1) Before the start of
the fourth year of instruction, but no earlier than the start
of the third year of instruction, of defense industry
employees at the Naval Postgraduate School under section 7049
of title 10, United States Code, as added by subsection (a),
the Secretary of the Navy shall conduct an evaluation of the
admission of such students under that section. The evaluation
shall include the following:
(A) An assessment of whether the authority for instruction
of nongovernment civilians at the school has resulted in a
discernible benefit for the Government.
(B) Determination of whether the receipt and disposition of
funds received by the school as tuition for instruction of
such civilians at the school have been properly identified in
records of the school.
(C) An assessment of the disposition of those funds.
(D) An assessment of whether instruction of such civilians
at the school is in the best interests of the Government.
(2) Not later than 30 days after completing the evaluation
referred to in paragraph (1), the Secretary of the Navy shall
submit to the Secretary of Defense a report on the program
under such section. The report shall include--
(A) the results of the evaluation under paragraph (1);
(B) the Secretary's conclusions and recommendation with
respect to continuing to allow nongovernment civilians to
receive instruction and the Naval Postgraduate School as part
of a program related to defense product development; and
(C) any proposals for legislative changes recommended by
the Secretary.
(3) Not later than 60 days after receiving the report of
the Secretary of the Navy under paragraph (2), the Secretary
of Defense shall submit the report, together with any
comments that the Secretary considers appropriate, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.

Subtitle D--Decorations, Awards, and Commendations

SEC. 531. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ANDREW
J. SMITH FOR VALOR DURING THE CIVIL WAR.

(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the
military service, the President may award the medal of honor,
posthumously, under section 3741 of that title to Andrew J.
Smith of Clinton, Illinois, for the acts of valor during the
Civil War described in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of Andrew J. Smith during the
Civil War on November 30, 1864, while serving as an infantry
corporal in the 55th Massachusetts Voluntary Infantry during
the Battle of Honey Hill in South Carolina.

SEC. 532. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO ED W.
FREEMAN FOR VALOR DURING THE VIETNAM CONFLICT.

(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the
military service, the President may award the Medal of Honor,
posthumously, under section 3741 of that title to Ed W.
Freeman of Boise, Idaho, for the acts of valor during the
Vietnam Conflict described in subsection (b).
(b) Action Described.--The acts of valor referred to in
subsection (a) are the actions of Ed W. Freeman on November
14, 1965, as a flight leader and second in command of a 16-
helicopter lift unit, serving in the grade of captain at
Landing Zone X-Ray in the battle of the IaDrang Valley,
Republic of Vietnam, with Alpha Company, 229th Assault
Helicopter Battalion, 101st Cavalry Division (Airmobile).

SEC. 533. CONSIDERATION OF PROPOSALS FOR POSTHUMOUS OR
HONORARY PROMOTIONS OR APPOINTMENTS OF MEMBERS
OR FORMER MEMBERS OF THE ARMED FORCES AND OTHER
QUALIFIED PERSONS.

(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 1563. Consideration of proposals for posthumous and
honorary promotions and appointments: procedures for review
and recommendation

``(a) Review by Secretary Concerned.--Upon request of a
Member of Congress, the Secretary concerned shall review a
proposal for the posthumous or honorary promotion or
appointment of a member or former member of the armed forces,
or any other person considered qualified, that is not
otherwise authorized by law. Based upon such review, the
Secretary shall make a determination as to the merits of
approving the posthumous or honorary promotion or appointment
and the other determinations necessary to comply with
subsection (b).
``(b) Notice of Results of Review.--Upon making a
determination under subsection (a) as to the merits of
approving the posthumous or honorary promotion or
appointment, the Secretary concerned shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives and to the
requesting Member of Congress notice in writing of one of the
following:
``(1) The posthumous or honorary promotion or appointment
does not warrant approval on the merits.
``(2) The posthumous or honorary promotion or appointment
warrants approval and authorization by law for the promotion
or appointment is recommended.
``(3) The posthumous or honorary promotion or appointment
warrants approval on the merits and has been recommended to
the President as an exception to policy.
``(4) The posthumous or honorary promotion or appointment
warrants approval on the merits and authorization by law for
the promotion or appointment is required but is not
recommended.

A notice under paragraph (1) or (4) shall be accompanied by a
statement of the reasons for the decision of the Secretary.
``(c) Definition.--In this section, the term `Member of
Congress' means--

[[Page H3216]]

``(1) a Senator; or
``(2) a Representative in, or a Delegate or Resident
Commissioner to, Congress.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
recommendation.''.

SEC. 534. WAIVER OF TIME LIMITATIONS FOR AWARD OF NAVY
DISTINGUISHED FLYING CROSS TO CERTAIN PERSONS.

(a) Waiver.--Any limitation established by law or policy
for the time within which a recommendation for the award of a
military decoration or award must be submitted shall not
apply to awards of decorations described in this section, the
award of each such decoration having been determined by the
Secretary concerned to be warranted in accordance with
section 1130 of title 10, United States Code.
(b) Distinguished Flying Cross.--Subsection (a) applies to
the award of the Distinguished Flying Cross for service
during World War II or Korea (including multiple awards to
the same individual) in the case of each individual
concerning whom the Secretary of the Navy (or an officer of
the Navy acting on behalf of the Secretary) submitted to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate, during the
period beginning on October 5, 1999, and ending on the day
before the date of the enactment of this Act, a notice as
provided in section 1130(b) of title 10, United States Code,
that the award of the Distinguished Flying Cross to that
individual is warranted and that a waiver of time
restrictions prescribed by law for recommendation for such
award is recommended.

SEC. 535. ADDITION OF CERTAIN INFORMATION TO MARKERS ON
GRAVES CONTAINING REMAINS OF CERTAIN UNKNOWNS
FROM THE U.S.S. ARIZONA WHO DIED IN THE
JAPANESE ATTACK ON PEARL HARBOR ON DECEMBER 7,
1941.

(a) Information To Be Provided Secretary of Veterans
Affairs.--The Secretary of the Army shall provide to the
Secretary of Veterans Affairs certain information, as
specified in subsection (b), pertaining to the remains of
certain unknown persons that are interred in the National
Memorial Cemetery of the Pacific, Honolulu, Hawaii. The
Secretary of Veterans Affairs shall add to the inscriptions
on the markers on the graves containing those remains the
information provided.
(b) Information To Be Added--The information to be added to
grave markers under subsection (a)--
(1) shall be determined by the Secretary of the Army, based
on a review of the information that, as of the date of the
enactment of this Act, has been authenticated by the director
of the Navy Historical Center, Washington, D.C., pertaining
to the interment of remains of certain unknown casualties
from the U.S.S. Arizona who died as a result of the Japanese
attack on Pearl Harbor on December 7, 1941; and
(2) shall, at a minimum, indicate that the interred remains
are from the U.S.S. Arizona.
(c) Limitation of Scope of Section.--This section does not
impose any requirement on the Secretary of the Army to
undertake a review of any information pertaining to the
interred remains of any unknown person other than as provided
in subsection (b).

SEC. 536. SENSE OF CONGRESS REGARDING FINAL CREW OF U.S.S.
INDIANAPOLIS.

(a) Findings.--Congress finds the following:
(1) Shortly after midnight on the night of July 30, 1945,
during the closing days of World War II, the United States
Navy heavy cruiser U.S.S. INDIANAPOLIS (CA-35) was torpedoed
and sunk by a Japanese submarine.
(2) Of the 1,196 crew members, only 316 survived the attack
and subsequent five-day ordeal adrift at sea, the rest dying
from battle wounds, drowning, shark attacks, exposure, or
lack of food and water, making the sinking of the
INDIANAPOLIS the worst sea disaster in United States naval
history.
(3) Following the rescue of the surviving crew members, the
commanding officer of the INDIANAPOLIS, Captain Charles
Butler McVay III, who survived the sinking and the ordeal at
sea, was charged with ``suffering a vessel to be hazarded
through negligence'' and was convicted by a court-martial of
that charge, notwithstanding a great many extenuating
circumstances, some of which were not presented at the court-
martial trial.
(4) Captain McVay had an excellent record throughout his
naval career before the sinking of the INDIANAPOLIS,
beginning with his graduation from the United States Naval
Academy in 1919 and including an excellent combat record that
included participation in the landings in North Africa and
award of the Silver Star for courage under fire earned during
the Solomon Islands campaign.
(5) After assuming command of the INDIANAPOLIS on November
18, 1944, Captain McVay led the ship during her participation
in the assaults on Iwo Jima and Okinawa.
(6) During the latter assault, the INDIANAPOLIS suffered a
damaging kamikaze attack which penetrated the ship's hull,
but the ship was made seaworthy and skillfully returned by
Captain McVay and her crew to San Francisco for repairs.
(7) Following completion of those repairs, the INDIANAPOLIS
was given the mission of transporting to the island of Tinian
vital parts of the atomic bomb which was dropped on
Hiroshima, a mission which was completed successfully on July
26, 1945, at a record average speed of 29 knots.
(8) Following the accomplishment of that mission, the
INDIANAPOLIS sailed from Tinian to Guam and from there
embarked for Leyte Gulf in the Philippines to join training
with the fleet assembling for the final assault on the
Japanese mainland.
(9) As the INDIANAPOLIS began its trip across the
Philippine Sea on July 28, 1945, the war was virtually over
in that area of the south Pacific, with hostilities having
moved 1,000 miles to the north, the Japanese navy's surface
fleet was nonexistent, and United States naval intelligence
reported only four operational Japanese submarines in the
entire Pacific theater of war, all of which resulted in the
state of alert among shore-based personnel routing and
tracking the INDIANAPOLIS across the Philippine Sea being
affected accordingly.
(10) Before departure from Guam Captain McVay requested a
destroyer escort because his ship was not equipped with
antisubmarine detection devices, but, despite the fact that
no capital ship such as the INDIANAPOLIS had made the transit
between Guam and the Philippines without escort during World
War II, that request was denied, and a 1996 report by the
Navy's Judge Advocate General's office concedes that
``Captain McVay and the routing officer did not discuss the
availability of an escort after the operations officer for
COMMARIANNAS confirmed that an escort was not necessary''.
(11) Although Captain McVay was informed of ``submarine
sightings'' in the Philippine Sea, such sightings were
commonplace, and none of those reported to Captain McVay had
been confirmed, and at the same time there was a failure to
inform him that a submarine within range of his path had sunk
the U.S.S. UNDERHILL four days before his departure from
Guam.
(12) United States military intelligence activities,
through a code-breaking system called ULTRA, had learned that
the Japanese submarine I-58 was operating in the Philippine
Sea area, but Captain McVay was not told of this
intelligence, which remained classified as Top Secret until
the early 1990's, and this intelligence (and the fact that it
was withheld from Captain McVay when he sailed from Guam) was
not brought to light at his court-martial.
(13) The INDIANAPOLIS was sunk by this same submarine.
(14) the commander of that submarine, Mochitsura Hashimoto,
testified at the court-martial that once he had detected the
ship, he would have been able to make a successful torpedo
attack whether or not the ship was zigzagging.
(15) With visibility severely limited by a heavy overcast
at approximately 11 p.m. on the night of July 29, 1945,
Captain McVay gave the order to cease zigzagging and retired
to his cabin and shortly after midnight the INDIANAPOLIS was
struck by two torpedoes and sunk within 12 minutes.
(16) The formal charge upon which Captain McVay was
convicted for ``suffering a vessel to be hazarded through
negligence'' contained the phrase ``in good visibility'' in
reference to the weather conditions on that night, which is
contrary to the recollection of all survivors, who recall
that the visibility was very poor.
(17) After the INDIANAPOLIS was sunk, various Navy shore
offices compounded the previous errors which had led to the
ship being placed in jeopardy by failing to report the ship's
overdue arrival, thus leaving the approximately 950 members
of the crew who survived the sinking of the ship adrift for
four days and five nights until by chance the survivors were
spotted by a routine air patrol.
(18) A court of inquiry to investigate the sinking was
convened in Guam on August 13, 1945, just two weeks after the
sinking and nine days after the survivors were rescued (a
date so soon after the sinking that Captain William Hillbert,
the Navy judge advocate for the inquiry, admitted that the
inquiry was so rushed that they were ``. . . starting the
proceedings without having available all the necessary
data'') and recommended that Captain McVay be issued a Letter
of Reprimand and that he be court-martialed.
(19) The headquarters staff of CINCPAC (commanded by Fleet
Admiral Chester Nimitz) disagreed with the recommendation of
the court of inquiry, stating that in not maintaining a
zigzag course Captain McVay at worst was guilty only of an
error in judgment and not gross negligence and concluded that
the rule requiring zigzagging would not have applied in any
event since Captain McVay's orders gave him discretion on
that matter and took precedence over all other orders (a
point that was never made by Captain McVay's attorney during
the court-martial).
(20) The Department of the Navy delayed the announcement of
the sinking of the INDIANAPOLIS for almost two weeks to
coincide with the announcement of the surrender of Japan,
thus diverting attention from the magnitude of the disaster
and lessening its public impact, and then, despite opposition
by Admiral Nimitz and Admiral Raymond Spruance (for whom the
INDIANAPOLIS had served as flagship), it brought court-
martial charges against Captain McVay in a rare instance when
a commanding officer's recommendations are contravened.
(21) Captain McVay thus became the first United States Navy
commanding officer brought to trial for losing his ship in
combat during World War II, despite the fact that over 700
ships were lost during World War II, including some under
questionable circumstances.
(22) Captain McVay was convicted on February 23, 1946, on
the charge of ``suffering a vessel to be hazarded through
negligence'', thus permanently damaging his career as a naval
officer, although when Admiral Nimitz was advanced to the
position of Chief of Naval Operations later that same year,
he remitted Captain McVay's sentence and restored him to
active duty.

[[Page H3217]]

(23) Following his court-martial conviction, Captain McVay
remained on active duty until retiring in 1949 upon
completion of 30 years of active naval service, with a final
promotion, in accordance with then-applicable law, to the
grade of rear admiral, effective upon the date of his
retirement.
(24) Rear Admiral Charles Butler McVay III (retired), died
on November 6, 1968, without having been exonerated from
responsibility for the loss of his ship and the lives of 880
members of her crew.
(25) The survivors of the INDIANAPOLIS still living have
remained steadfast in their support of the exoneration of
Captain McVay.
(26) In 1993, Congress, in section 1165 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1765; 16 U.S.C. 431 note), recognized the
memorial to the U.S.S. INDIANAPOLIS (CA-35) in Indianapolis,
Indiana, as the national memorial to that historic warship
and to her final crew.
(27) In 1994, Congress, in section 1052 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103-337; 108 Stat. 2844), stating that it was acting on
behalf of the grateful people of the United States--
(A) recognized the invaluable contributions of the U.S.S.
INDIANAPOLIS to the ending of World War II; and
(B) on the occasion of the 50th anniversary of her tragic
sinking, and the dedication of the national memorial in
Indianapolis on July 30, 1995, commended that ship and her
crew for selfless and heroic service to the United States.
(b) Court-Martial Conviction of Charles Butler McVay,
III.--It is the sense of Congress that--
(1) the court-martial charges against then-Captain Charles
Butler McVay III, United States Navy, arising from the
sinking of the U.S.S. INDIANAPOLIS (CA-35) on July 30, 1945,
while under his command were not morally sustainable;
(2) Captain McVay's conviction was a miscarriage of justice
that led to his unjust humiliation and damage to his naval
career; and
(3) the American people should now recognize Captain
McVay's lack of culpability for the tragic loss of the U.S.S.
INDIANAPOLIS and the lives of the men who died as a result of
her sinking.
(c) Presidential Unit Citation.--(1) It is the sense of
Congress that the President should award a Presidential Unit
Citation to the final crew of the U.S.S. INDIANAPOLIS (CA-35)
in recognition of the courage and fortitude displayed by the
members of that crew in the face of tremendous hardship and
adversity after their ship was torpedoed and sunk on July 30,
1945.
(2) A citation described in paragraph (1) may be awarded
without regard to any provision of law or regulation
prescribing a time limitation that is otherwise applicable
with respect to recommendation for, or the award of, such a
citation.

SEC. 537. POSTHUMOUS ADVANCEMENT OF REAR ADMIRAL (RETIRED)
HUSBAND E. KIMMEL AND MAJOR GENERAL (RETIRED)
WALTER C. SHORT ON RETIRED LISTS.

(a) Findings.--Congress makes the following findings:
(1) The late Rear Admiral (retired) Husband E. Kimmel,
formerly serving in the grade of admiral as the Commander in
Chief of the United States Fleet and the Commander in Chief,
United States Pacific Fleet, had an excellent and
unassailable record throughout his career in the United
States Navy prior to the December 7, 1941, attack on Pearl
Harbor.
(2) The late Major General (retired) Walter C. Short,
formerly serving in the grade of lieutenant general as the
Commander of the United States Army Hawaiian Department, had
an excellent and unassailable record throughout his career in
the United States Army prior to the December 7, 1941, attack
on Pearl Harbor.
(3) Numerous investigations following the attack on Pearl
Harbor have documented that then Admiral Kimmel and then
Lieutenant General Short were not provided necessary and
critical intelligence that was available, that foretold of
war with Japan, that warned of imminent attack, and that
would have alerted them to prepare for the attack, including
such essential communiques as the Japanese Pearl Harbor Bomb
Plot message of September 24, 1941, and the message sent from
the Imperial Japanese Foreign Ministry to the Japanese
Ambassador in the United States from December 6-7, 1941,
known as the Fourteen-Part Message.
(4) On December 16, 1941, Admiral Kimmel and Lieutenant
General Short were relieved of their commands and returned to
their permanent ranks of rear admiral and major general.
(5) Admiral William Harrison Standley, who served as a
member of the investigating commission known as the Roberts
Commission that accused Admiral Kimmel and Lieutenant General
Short of ``dereliction of duty'' only six weeks after the
attack on Pearl Harbor, later disavowed the report
maintaining that ``these two officers were martyred'' and
``if they had been brought to trial, both would have been
cleared of the charge''.
(6) On October 19, 1944, a Naval Court of Inquiry--
(A) exonerated Admiral Kimmel on the grounds that his
military decisions and the disposition of his forces at the
time of the December 7, 1941, attack on Pearl Harbor were
proper ``by virtue of the information that Admiral Kimmel had
at hand which indicated neither the probability nor the
imminence of an air attack on Pearl Harbor'';
(B) criticized the higher command for not sharing with
Admiral Kimmel ``during the very critical period of 26
November to 7 December 1941, important information . . .
regarding the Japanese situation''; and
(C) concluded that the Japanese attack and its outcome was
attributable to no serious fault on the part of anyone in the
naval service.
(7) On June 15, 1944, an investigation conducted by Admiral
T. C. Hart at the direction of the Secretary of the Navy
produced evidence, subsequently confirmed, that essential
intelligence concerning Japanese intentions and war plans was
available in Washington but was not shared with Admiral
Kimmel.
(8) On October 20, 1944, the Army Pearl Harbor Board of
Investigation determined that--
(A) Lieutenant General Short had not been kept ``fully
advised of the growing tenseness of the Japanese situation
which indicated an increasing necessity for better
preparation for war'';
(B) detailed information and intelligence about Japanese
intentions and war plans were available in ``abundance'', but
were not shared with Lieutenant General Short's Hawaii
command; and
(C) Lieutenant General Short was not provided ``on the
evening of December 6th and the early morning of December
7th, the critical information indicating an almost immediate
break with Japan, though there was ample time to have
accomplished this''.
(9) The reports by both the Naval Court of Inquiry and the
Army Pearl Harbor Board of Investigation were kept secret,
and Rear Admiral (retired) Kimmel and Major General (retired)
Short were denied their requests to defend themselves through
trial by court-martial.
(10) The joint committee of Congress that was established
to investigate the conduct of Admiral Kimmel and Lieutenant
General Short completed, on May 31, 1946, a 1,075-page report
which included the conclusions of the committee that the two
officers had not been guilty of dereliction of duty.
(11) The Officer Personnel Act of 1947, in establishing a
promotion system for the Navy and the Army, provided a legal
basis for the President to honor any officer of the Armed
Forces of the United States who served his country as a
senior commander during World War II with a placement of that
officer, with the advice and consent of the Senate, on the
retired list with the highest grade held while on the active
duty list.
(12) On April 27, 1954, the then Chief of Naval Personnel,
Admiral J. L. Holloway, Jr., recommended that Rear Admiral
Kimmel be advanced in rank in accordance with the provisions
of the Officer Personnel Act of 1947.
(13) On November 13, 1991, a majority of the members of the
Board for the Correction of Military Records of the
Department of the Army found that the late Major General
(retired) Short ``was unjustly held responsible for the Pearl
Harbor disaster'' and that ``it would be equitable and just''
to advance him to the rank of lieutenant general on the
retired list''.
(14) In October 1994, the then Chief of Naval Operations,
Admiral Carlisle Trost, withdrew his 1988 recommendation
against the advancement of Rear Admiral (retired) Kimmel (by
then deceased) and recommended that the case of Rear Admiral
Kimmel be reopened.
(15) Although the Dorn Report, a report on the results of a
Department of Defense study that was issued on December 15,
1995, did not provide support for an advancement of the late
Rear Admiral (retired) Kimmel or the late Major General
(retired) Short in grade, it did set forth as a conclusion of
the study that ``responsibility for the Pearl Harbor disaster
should not fall solely on the shoulders of Admiral Kimmel and
Lieutenant General Short, it should be broadly shared''.
(16) The Dorn Report found--
(A) that ``Army and Navy officials in Washington were privy
to intercepted Japanese diplomatic communications . . . which
provided crucial confirmation of the imminence of war'';
(B) that ``the evidence of the handling of these messages
in Washington reveals some ineptitude, some unwarranted
assumptions and misestimations, limited coordination,
ambiguous language, and lack of clarification and follow-up
at higher levels''; and
(C) that ``together, these characteristics resulted in
failure . . . to appreciate fully and to convey to the
commanders in Hawaii the sense of focus and urgency that
these intercepts should have engendered''.
(17) On July 21, 1997, Vice Admiral David C. Richardson
(United States Navy, retired) responded to the Dorn Report
with his own study which confirmed findings of the Naval
Court of Inquiry and the Army Pearl Harbor Board of
Investigation and established, among other facts, that the
war effort in 1941 was undermined by a restrictive
intelligence distribution policy, and the degree to which the
commanders of the United States forces in Hawaii were not
alerted about the impending attack on Hawaii was directly
attributable to the withholding of intelligence from then
Admiral Kimmel and Lieutenant General Short.
(18) Rear Admiral (retired) Kimmel and Major General
(retired) Short are the only two officers eligible for
advancement under the Officer Personnel Act of 1947 as senior
World War II commanders who were excluded from the list of
retired officers presented for advancement on the retired
lists to their highest wartime ranks under that Act.
(19) This singular exclusion from advancement of Rear
Admiral (retired) Kimmel and Major General (retired) Short
from the Navy retired list and the Army retired list,
respectively, serves only to perpetuate the myth that the
senior commanders in Hawaii were derelict in their duty and
responsible for the success of the attack on Pearl Harbor,
and is a distinct and unacceptable expression of dishonor
toward two of the finest officers who have served in the
Armed Forces of the United States.
(20) Major General (retired) Walter Short died on September
23, 1949, and Rear Admiral (retired) Husband Kimmel died on
May 14, 1968,

[[Page H3218]]

without having been accorded the honor of being returned to
their wartime ranks as were their fellow veterans of World
War II.
(21) The Veterans of Foreign Wars, the Pearl Harbor
Survivors Association, the Admiral Nimitz Foundation, the
Naval Academy Alumni Association, the Retired Officers
Association, the Pearl Harbor Commemorative Committee, and
other associations and numerous retired military officers
have called for the rehabilitation of the reputations and
honor of the late Rear Admiral (retired) Kimmel and the late
Major General (retired) Short through their posthumous
advancement on the retired lists to their highest wartime
grades.
(b) Request for Advancement on Retired Lists.--(1) The
President is requested--
(A) to advance the late Rear Admiral (retired) Husband E.
Kimmel to the grade of admiral on the retired list of the
Navy; and
(B) to advance the late Major General (retired) Walter C.
Short to the grade of lieutenant general on the retired list
of the Army.
(2) Any advancement in grade on a retired list requested
under paragraph (1) shall not increase or otherwise modify
the compensation or benefits from the United States to which
any person is now or may in the future be entitled based upon
the military service of the officer advanced.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the late Rear Admiral (retired) Husband E. Kimmel
performed his duties as Commander in Chief, United States
Pacific Fleet, competently and professionally, and,
therefore, the losses incurred by the United States in the
attacks on the naval base at Pearl Harbor, Hawaii, and other
targets on the island of Oahu, Hawaii, on December 7, 1941,
were not a result of dereliction in the performance of those
duties by the then Admiral Kimmel; and
(2) the late Major General (retired) Walter C. Short
performed his duties as Commanding General, Hawaiian
Department, competently and professionally, and, therefore,
the losses incurred by the United States in the attacks on
Hickam Army Air Field and Schofield Barracks, Hawaii, and
other targets on the island of Oahu, Hawaii, on December 7,
1941, were not a result of dereliction in the performance of
those duties by the then Lieutenant General Short.

SEC. 538. COMMENDATION OF CITIZENS OF REMY, FRANCE, FOR WORLD
WAR II ACTIONS.

(a) Findings.--The Congress finds the following:
(1) On August 2, 1944, a squadron of P-51s from the United
States 364th Fighter Group strafed a German munitions train
in Remy, France.
(2) The resulting explosion killed Lieutenant Houston
Braly, one of the attacking pilots, and destroyed much of the
village of Remy, including seven stained glass windows in the
13th Century church.
(3) Despite threats of reprisals from the occupying German
authorities, the citizens of Remy recovered Lieutenant
Braly's body from the wreckage, buried his body with dignity
and honor in the church's cemetery, and decorated the grave
site daily with fresh flowers.
(4) On Armistice Day, 1995, the village of Remy renamed the
crossroads near the site of Lieutenant Braly's death in his
honor.
(5) The surviving members of the 364th Fighter Group desire
to express their gratitude to the brave citizens of Remy.
(6) To express their gratitude, the surviving members of
the 364th Fighter Group have organized a nonprofit
corporation to raise funds, through its project ``Windows for
Remy'', to restore the church's stained glass windows.
(b) Commendation and Recognition.--The Congress commends
the bravery and honor of the citizens of Remy, France, for
their actions with respect to the American fighter pilot
Lieutenant Houston Braly during and after August 1944, and
recognizes the efforts of the surviving members of the United
States 364th Fighter Group to raise funds to restore the
stained glass windows of Remy's 13th Century church.

Subtitle E--Military Justice Matters

SEC. 541. RECOGNITION BY STATES OF MILITARY TESTAMENTARY
INSTRUMENTS.

(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044c the
following new section:

``Sec. 1044d. Military testamentary instruments: requirement
for recognition by States

``(a) Testamentary Instruments To Be Given Legal Effect.--A
military testamentary instrument--
``(1) is exempt from any requirement of form, formality, or
recording before probate that is provided for testamentary
instruments under the laws of a State; and
``(2) has the same legal effect as a testamentary
instrument prepared and executed in accordance with the laws
of the State in which it is presented for probate.
``(b) Military Testamentary Instruments.--For purposes of
this section, a military testamentary instrument is an
instrument that is prepared with testamentary intent in
accordance with regulations prescribed under this section and
that--
``(1) is executed in accordance with subsection (c) by (or
on behalf of) a person, as a testator, who is eligible for
military legal assistance;
``(2) makes a disposition of property of the testator; and
``(3) takes effect upon the death of the testator.
``(c) Requirements for Execution of Military Testamentary
Instruments.--An instrument is valid as a military
testamentary instrument only if--
``(1) the instrument is executed by the testator (or, if
the testator is unable to execute the instrument personally,
the instrument is executed in the presence of, by the
direction of, and on behalf of the testator);
``(2) the instrument is executed in the presence of a
military legal assistance counsel acting as presiding
attorney;
``(3) the instrument is executed in the presence of at
least two disinterested witnesses (in addition to the
presiding attorney), each of whom attests to witnessing the
testator's execution of the instrument by signing it; and
``(4) the instrument is executed in accordance with such
additional requirements as may be provided in regulations
prescribed under this section.
``(d) Self-Proving Military Testamentary Instruments.--(1)
If the document setting forth a military testamentary
instrument meets the requirements of paragraph (2), then the
signature of a person on the document as the testator, an
attesting witness, a notary, or the presiding attorney,
together with a written representation of the person's status
as such and the person's military grade (if any) or other
title, is prima facie evidence of the following:
``(A) That the signature is genuine.
``(B) That the signatory had the represented status and
title at the time of the execution of the will.
``(C) That the signature was executed in compliance with
the procedures required under the regulations prescribed
under subsection (f).
``(2) A document setting forth a military testamentary
instrument meets the requirements of this paragraph if it
includes (or has attached to it), in a form and content
required under the regulations prescribed under subsection
(f), each of the following:
``(A) A certificate, executed by the testator, that
includes the testator's acknowledgment of the testamentary
instrument.
``(B) An affidavit, executed by each witness signing the
testamentary instrument, that attests to the circumstances
under which the testamentary instrument was executed.
``(C) A notarization, including a certificate of any
administration of an oath required under the regulations,
that is signed by the notary or other official administering
the oath.
``(e) Statement To Be Included.--(1) Under regulations
prescribed under this section, each military testamentary
instrument shall contain a statement that sets forth the
provisions of subsection (a).
``(2) Paragraph (1) shall not be construed to make
inapplicable the provisions of subsection (a) to a
testamentary instrument that does not include a statement
described in that paragraph.
``(f) Regulations.--Regulations for the purposes of this
section shall be prescribed jointly by the Secretary of
Defense and by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Department of the Navy.
``(g) Definitions.--In this section:
``(1) The term `person eligible for military legal
assistance' means a person who is eligible for legal
assistance under section 1044 of this title.
``(2) The term `military legal assistance counsel' means--
``(A) a judge advocate (as defined in section 801(13) of
this title); or
``(B) a civilian attorney serving as a legal assistance
officer under the provisions of section 1044 of this title.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, and each possession of the United
States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1044c the following new item:

``1044d. Military testamentary instruments: requirement for recognition
by States.''.

SEC. 542. PROBABLE CAUSE REQUIRED FOR ENTRY OF NAMES OF
SUBJECTS INTO OFFICIAL CRIMINAL INVESTIGATIVE
REPORTS.

(a) In General.--(1) Chapter 80 of title 10, United States
Code, is amended by adding after section 1563, as added by
section 533(a), the following new section:

``Sec. 1564. Military criminal investigations: probable cause
required for entry of names of subjects into official
investigative reports

``(a) Probable Cause Required for `Titling'.--The Secretary
of Defense shall require that an employee of a military
criminal investigative organization or a member of the armed
forces assigned to a military criminal investigative
organization, in connection with the investigation of a
reported crime, may not designate any person, by name or by
any other identifying information, as a suspect in the case
in any official investigative report, or in a central index
for potential retrieval and analysis by law enforcement
organizations, unless there is probable cause to believe that
that person committed the crime.
``(b) Standard for Removal of `Titling' Information From
Records.--The Secretary of Defense shall establish a uniform
standard applicable throughout the Department of Defense for
removal from an official investigative report of a reported
crime, and from any applicable central index, of the name of
a person (and any other identifying information about that
person) that was entered in the report or index to designate
that person as a suspect in the case when it is subsequently
determined that there is not probable cause to believe that
that person committed the crime.
``(c) Criminal Investigative Organization Defined.--In this
section, the term `criminal investigative organization' means
any of the following:
``(1) The Defense Criminal Investigative Service (or any
successor to that service).

[[Page H3219]]

``(2) The Army Criminal Investigation Command (or any
successor to that command).
``(3) The Naval Criminal Investigative Service (or any
successor to that service).
``(4) The Air Force Office of Special Investigations (or
any successor to that office).''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 1563,
as added by section 533(b), the following new item:

``1564. Military criminal investigations: probable cause required for
entry of names of subjects into official investigative
reports.''.

(b) Effective Date.--Section 1564 of title 10, United
States Code, as added by subsection (a), shall take effect at
the end of the 180-day period beginning on the date of the
enactment of this Act.

SEC. 543. COLLECTION AND USE OF DNA IDENTIFICATION
INFORMATION FROM VIOLENT AND SEXUAL OFFENDERS
IN THE ARMED FORCES.

(a) In General.--(1) Chapter 80 of title 10, United States
Code, is amended by adding after section 1564, as added by
section 542(a)(1), the end the following new section:

``Sec. 1565. DNA identification information: collection from
violent and sexual offenders; use

``(a) Collection of DNA Samples.--The Secretary concerned
shall collect a DNA sample from each member of the armed
forces under the Secretary's jurisdiction who is, or has
been, convicted of a qualifying military offense (as
determined under subsection (e)).
``(b) Analysis of Samples.--The Secretary concerned shall
furnish each DNA sample collected under subsection (a) to the
Secretary of Defense. The Secretary of Defense shall carry
out a DNA analysis on each such DNA sample.
``(c) Definitions.--In this section:
``(1) The term `DNA sample' means a tissue, fluid, or other
bodily sample of an individual on which a DNA analysis can be
carried out.
``(2) The term `DNA analysis' means analysis of the
deoxyribonucleic acid (DNA) identification information in a
bodily sample.
``(d) Use in CODIS.--(1) The Secretary of Defense shall
furnish the results of each DNA analysis carried out under
subsection (b) to the Director of the Federal Bureau of
Investigation for use in the Combined DNA Index System (in
this section referred to as `CODIS') of the Federal Bureau of
Investigation.
``(2) The Secretary of Defense, in consultation with the
Director of the Federal Bureau of Investigation, shall
establish procedures providing that if a DNA sample has been
collected from a person pursuant to subsection (a), and the
Secretary receives notice that each conviction of that person
of a qualifying military offense has been overturned, the
Secretary shall promptly transmit a notice of that fact to
the Director in accordance with section 210304(d) of the
Violent Crime Control and Law Enforcement Act of 1994.
``(e) Qualifying Military Offenses.--(1) Subject to
paragraph (2), the Secretary of Defense, in consultation with
the Attorney General, shall determine those violent or sexual
offenses under the Uniform Code of Military Justice that
shall be considered for purposes of this section as
qualifying military offenses.
``(2) An offense under the Uniform Code of Military Justice
that is equivalent to a serious violent felony (as that term
is defined in section 3559(c)(2)(F) of title 18), as
determined by the Secretary in consultation with the Attorney
General, shall be considered for purposes of this section as
a qualifying military offense.
``(f) Waiver.--The Secretary of Defense may waive the
requirement of subsection (a) for a member if CODIS contains
a DNA analysis with respect to that member.
``(g) Regulations.--This section shall be carried out under
regulations prescribed by the Secretary of Defense, in
consultation with the Secretary of Transportation and the
Attorney General. Those regulations shall apply, to the
extent practicable, uniformly throughout the armed forces.''.
(2) The table of sections at the beginning of such chapter
is amended by adding after the item relating to section 1564,
as added by section 542(a)(2), the following new item:

``1565. DNA identification information: collection from violent and
sexual offenders; use.''

(b) Initial Determination of Qualifying Military
Offenses.--The initial determination of qualifying military
offenses under section 1565(e) of title 10, United States
Code, as added by subsection (a)(1), shall be made not later
than 120 days after the date of the enactment of this Act.
(c) Expansion of DNA Identification Index.--Section 811(a)
of the Antiterrorism and Effective Death Penalty Act of 1996
(28 U.S.C. 531 note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the Director of the Federal Bureau of Investigation
shall expand the combined DNA Identification System (CODIS)
to include analyses of DNA samples collected from members of
the Armed Forces convicted of a qualifying military offense
in accordance with section 1565 of title 10, United States
Code.''.
(d) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--Section 210304 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14132) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by inserting after paragraph (4) the following new
paragraph:
``(5) analyses of DNA samples collected from members of the
Armed Forces convicted of a qualifying military offense in
accordance with section 1565 of title 10, United States
Code.'';
(2) in subsection (b)(2), by striking ``, at regular
intervals of not to exceed 180 days,'' and inserting
``semiannual''; and
(3) by adding at the end the following new subsection:
``(d) Expungement of Records of Military Offenders.--If the
Director of the Federal Bureau of Investigation receives a
notice transmitted under section 1565(d)(2) of title 10,
United States Code, the Director shall promptly expunge from
the index described in subsection (a) any DNA analysis
furnished under section 1565(d)(1) of such title with respect
to the person described in the notice.''.

SEC. 544. LIMITATION ON SECRETARIAL AUTHORITY TO GRANT
CLEMENCY FOR MILITARY PRISONERS SERVING
SENTENCE OF CONFINEMENT FOR LIFE WITHOUT
ELIGIBILITY FOR PAROLE.

(a) Limitation.--Section 874(a) of title 10, United States
Code (article 74(a) of the Uniform Code of Military Justice),
is amended by adding at the end the following new sentence:
``However, in the case of a sentence of confinement for life
without eligibility for parole, after the sentence is ordered
executed, the authority of the Secretary concerned under the
preceding sentence (1) may not be delegated, and (2) may be
exercised only after the service of a period of confinement
of not less than 20 years.''.
(b) Effective Date.--The amendment made by subsection (a)
shall not apply with respect to a sentence of confinement for
life without eligibility for parole that is adjudged for an
offense committed before the date of the enactment of this
Act.

SEC. 545. AUTHORITY FOR CIVILIAN SPECIAL AGENTS OF MILITARY
DEPARTMENT CRIMINAL INVESTIGATIVE ORGANIZATIONS
TO EXECUTE WARRANTS AND MAKE ARRESTS.

(a) Department of the Army.--(1) Chapter 373 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 4027. Civilian special agents of the Criminal
Investigation Command: authority to execute warrants and
make arrests

``(a) Authority.--The Secretary of the Army may authorize
any Department of the Army civilian employee described in
subsection (b) to have the same authority to execute and
serve warrants and other processes issued under the authority
of the United States and to make arrests without a warrant as
may be authorized under section 1585a of this title for
special agents of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Army who is a special
agent of the Army Criminal Investigation Command (or a
successor to that command) whose duties include conducting,
supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the
Army.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in
accordance with guidelines prescribed by the Secretary of the
Army and approved by the Secretary of Defense and the
Attorney General and any other applicable guidelines
prescribed by the Secretary of the Army, the Secretary of
Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``4027. Civilian special agents of the Criminal Investigation Command:
authority to execute warrants and make arrests.''.

(b) Department of the Navy.--(1) Chapter 643 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 7451. Special agents of the Naval Criminal
Investigative Service: authority to execute warrants and
make arrests

``(a) Authority.--The Secretary of the Navy may authorize
any Department of the Navy civilian employee described in
subsection (b) to have the same authority to execute and
serve warrants and other processes issued under the authority
of the United States and to make arrests without a warrant as
may be authorized under section 1585a of this title for
special agents of the Defense Criminal Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Navy who is a special
agent of the Naval Criminal Investigative Service (or any
successor to that service) whose duties include conducting,
supervising, or coordinating investigations of criminal
activity in programs and operations of the Department of the
Navy.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in
accordance with guidelines prescribed by the Secretary of the
Navy and approved by the Secretary of Defense and the
Attorney General and any other applicable guidelines
prescribed by the Secretary of the Navy, the Secretary of
Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``7451. Special agents of the Naval Criminal Investigative Service:
authority to execute warrants and make arrests.''.

[[Page H3220]]

amended by adding at the end the following new section:

``Sec. 9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make
arrests

``(a) Authority.--The Secretary of the Air Force may
authorize any Department of the Air Force civilian employee
described in subsection (b) to have the same authority to
execute and serve warrants and other processes issued under
the authority of the United States and to make arrests
without a warrant as may be authorized under section 1585a of
this title for special agents of the Defense Criminal
Investigative Service.
``(b) Agents To Have Authority.--Subsection (a) applies to
any employee of the Department of the Air Force who is a
special agent of the Air Force Office of Special
Investigations (or a successor to that office) whose duties
include conducting, supervising, or coordinating
investigations of criminal activity in programs and
operations of the Department of the Air Force.
``(c) Guidelines for Exercise of Authority.--The authority
provided under subsection (a) shall be exercised in
accordance with guidelines prescribed by the Secretary of the
Air Force and approved by the Secretary of Defense and the
Attorney General and any other applicable guidelines
prescribed by the Secretary of the Air Force, the Secretary
of Defense, or the Attorney General.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end following new item:

``9027. Civilian special agents of the Office of Special
Investigations: authority to execute warrants and make
arrests.''.

Subtitle F--Other Matters

SEC. 551. FUNERAL HONORS DUTY COMPENSATION.

(a) Compensation of Members of the National Guard.--Section
115(b)(2) of title 32, United States Code, is amended by
inserting before the period at the end the following: ``or
compensation at the rate prescribed in section 206 of title
37''.
(b) Compensation of Members of a Reserve Component.--
Section 12503(b)(2) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``or compensation at the rate prescribed in
section 206 of title 37''.
(c) Conforming Amendment.--Section 435(c) of title 37,
United States Code, is repealed.
(d) Effective Date.--The amendments made by this section
shall apply with respect to funeral honors duty performed on
or after October 1, 2000.

SEC. 552. TEST OF ABILITY OF RESERVE COMPONENT INTELLIGENCE
UNITS AND PERSONNEL TO MEET CURRENT AND
EMERGING DEFENSE INTELLIGENCE NEEDS.

(a) Test Program Required.--(1) Beginning not later than
June 1, 2001, the Secretary of Defense shall conduct a three-
year test program of reserve component intelligence units and
personnel. The purpose of the test program shall be--
(A) to determine the most effective peacetime structure and
operational employment of reserve component intelligence
assets for meeting current and future Department of Defense
peacetime operational intelligence requirements; and
(B) to establish a means to coordinate and transition that
peacetime intelligence operational support network into use
for meeting wartime requirements.
(2) The test program shall be carried out using the Joint
Reserve Intelligence Program and appropriate reserve
component intelligence units and personnel.
(3) In conducting the test program, the Secretary of
Defense shall expand the current Joint Reserve Intelligence
Program as needed to meet the objectives of the test program.
(b) Oversight Panel.--The Secretary shall establish an
oversight panel to structure the test program so as to
achieve the objectives of the test program, ensure proper
funding for the test program, and oversee the conduct and
evaluation of the test program. The panel members shall
include--
(1) the Assistant Secretary of Defense for Command,
Control, Communications and Intelligence;
(2) the Assistant Secretary of Defense for Reserve Affairs;
and
(3) representatives from the Defense Intelligence Agency,
the Army, Navy, Air Force, and Marine Corps, the Joint Staff,
and the combatant commands.
(c) Test Program Objectives.--The test program shall have
the following objectives:
(1) To identify the range of peacetime roles and missions
that are appropriate for reserve component intelligence units
and personnel, including the following missions: counterdrug,
counterintelligence, counterterrorism, information
operations, information warfare, and other emerging threats.
(2) To recommend a process for justifying and validating
reserve component intelligence force structure and manpower
to support the peacetime roles and missions identified under
paragraph (1) and to establish a means to coordinate and
transition that peacetime operational support network and
structure into wartime requirements.
(3) To provide, pursuant to paragraphs (1) and (2), the
basis for new or revised intelligence and reserve component
policy guidelines for the peacetime use, organization,
management, infrastructure ,and funding of reserve component
intelligence units and personnel.
(4) To determine the most effective structure,
organization, manning, and management of Joint Reserve
Intelligence Centers to enable them to be both reserve
training facilities and virtual collaborative production
facilities in support of Department of Defense peacetime
operational intelligence requirements.
(5) To determine the most effective uses of technology for
virtual collaborative intelligence operational support during
peacetime and wartime.
(6) To determine personnel and career management
initiatives or modifications that are required to improve the
recruiting and retention of personnel in the reserve
component intelligence specialties and occupational skills.
(7) To identify and make recommendations for the
elimination of statutory prohibitions and barriers to using
reserve component intelligence units and individuals to carry
out peacetime operational requirements.
(d) Reports.--The Secretary of Defense shall submit to
Congress--
(1) interim reports on the status of the test program not
later than July 1, 2002, and July 1, 2003; and
(2) a final report, with such recommendations for changes
as the Secretary considers necessary, not later than December
1, 2004.

SEC. 553. NATIONAL GUARD CHALLENGE PROGRAM.

(a) Expenditure Limitations.--Subsection (b) of section 509
of title 32, United States Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense'';
(2) by striking ``, except that Federal expenditures under
the program may not exceed $62,500,000 for any fiscal year'';
and
(3) by adding at the end the following new paragraph:
``(2) The Secretary shall carry out the National Guard
Challenge Program using funds appropriated directly to the
Secretary for the program and nondefense Federal funds made
available or transferred to the Secretary by other Federal
agencies to support the program. However, the amount of funds
appropriated directly to the Secretary of Defense and
expended for the program in a fiscal year may not exceed
$62,500,000.''.
(b) Regulations.--Such section is further amended by adding
at the end the following new subsection:
``(m) Regulations.--The Secretary of Defense shall
prescribe regulations to carry out the National Guard
Challenge Program. The regulations shall address at a minimum
the following:
``(1) The terms to be included in the program agreements
required by subsection (d).
``(2) The qualifications for persons to participate in the
program, as required by subsection (e).
``(3) The benefits authorized for program participants, as
required by subsection (f).
``(4) The status of National Guard personnel assigned to
duty in support of the program.
``(5) The conditions for the use of National Guard
facilities and equipment to carry out the program, as
required by subsection (h).
``(6) The status of program participants, as described in
subsection (i).
``(7) The procedures to be used by the Secretary when
communicating with States about the program.''.
(c) Conforming Amendment.--Section 2033 of title 10, United
States Code, is amended by striking ``appropriated for'' and
inserting ``appropriated directly to the Secretary of Defense
for''.

SEC. 554. STUDY OF USE OF CIVILIAN CONTRACTOR PILOTS FOR
OPERATIONAL SUPPORT MISSIONS.

(a) Study.--The Secretary of Defense shall conduct a study
to determine the feasibility and cost, as well as the
advantages and disadvantages, of using civilian contractor
personnal as pilots and other air crew members to fly
nonmilitary Government aircraft (referred to as ``operational
support aircraft'') to perform non-combat personnel
transportation missions worldwide. In carrying out the study,
the Secretary shall consider the views and recommendations of
the Chairman of the Joint Chiefs and the other members of the
Joint Chiefs of Staff.
(b) Matters to Be Included.--The study shall, as a
minimum--
(1) determine whether use of civilian contractor personnel
as pilots and other air crew members for such operational
support missions would be a cost effective means of freeing
for duty in units with combat and combat support missions
those military pilots and other personnel who now perform
such operational support missions; and
(2) the effect on retention of military pilots and other
personnel if they are no longer required to fly operational
support missions.
(c) Submission of Report.--The Secretary shall submit a
report containing the results of the study to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives not later than six
months after the date of the enactment of this Act.

SEC. 555. 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

[[Page H3221]]

Act that is designed to provide to employees of local
educational agencies and institutions of higher education
participating in the Internet site--
(A) systems for communicating;
(B) resources for individual professional development;
(C) resources to enhance individual on-the-job
effectiveness; and
(D) resources to improve organizational effectiveness.
(3) Participation in an Internet site by the Department of
Defense for purposes of this section shall include--
(A) funding;
(B) assistance; and
(C) access by other Internet site participants to
Department of Defense aptitude testing programs, career
development information, and other resources, in addition to
information on military recruiting and career opportunities.
(c) Report.--The Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
providing the Secretary's findings and conclusions on the
pilot program not later than 180 days after the end of the
three-year program period.

SEC. 556. REIMBURSEMENT FOR EXPENSES INCURRED BY MEMBERS IN
CONNECTION WITH CANCELLATION OF LEAVE ON SHORT
NOTICE.

(a) In General.--(1) Chapter 157 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2647. Reimbursement for expenses incurred in
connection with leave canceled due to contingency
operations

``(a) Authorization To Reimburse.--The Secretary concerned
may reimburse a member of the armed forces under the
jurisdiction of the Secretary for travel and related expenses
(to the extent not otherwise reimbursable under law) incurred
by the member as a result of the cancellation of previously
approved leave when the leave is canceled in connection with
the member's participation in a contingency operation and the
cancellation occurs within 48 hours of the time the leave
would have commenced.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations to establish the criteria for the
applicability of subsection (a).
``(c) Conclusiveness of Settlement.--The settlement of an
application for reimbursement under subsection (a) is final
and conclusive.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2647. Reimbursement for expenses incurred in connection with leave
canceled due to contingency operations.''.

(b) Effective Date.--Section 2647 of title 10, United
States Code, as added by subsection (a) shall apply with
respect to any travel and related expenses incurred by a
member in connection with leave canceled after the date of
the enactment of this Act.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2001.

(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2001 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2001,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.7 percent.

SEC. 602. REVISED METHOD FOR CALCULATION OF BASIC ALLOWANCE
FOR SUBSISTENCE.

(a) Annual Revision of Rate.--Section 402(b)(1) of title
37, United States Code, is amended by striking paragraph (1)
and inserting the following new paragraph:
``(1) The monthly rate of basic allowance for subsistence
to be in effect for an enlisted member for a year (beginning
on January 1 of that year) shall be equal to the sum of--
``(A) the monthly rate of basic allowance for subsistence
that was in effect for an enlisted member for the preceding
year; plus
``(B) the product of the monthly rate under subparagraph
(A) and the percentage increase in the monthly cost of a
liberal food plan for a male in the United States who is
between 20 and 50 years of age over the preceding fiscal
year, as determined by the Secretary of Agriculture each
October 1.''.
(b) Early Termination of BAS Transitional Authority.--
Subsections (c) through (f) of section 602 of the National
Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 37 U.S.C. 402 note) are repealed.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 603. FAMILY SUBSISTENCE SUPPLEMENTAL ALLOWANCE FOR LOW-
INCOME MEMBERS OF THE ARMED FORCES.

(a) Supplemental Allowance Authorized.--(1) Chapter 7 of
title 37, United States Code, is amended by inserting after
section 402 the following new section:

``Sec. 402a. Supplemental subsistence allowance for low-
income members with dependents

``(a) Supplemental Allowance Authorized.--(1) The Secretary
concerned may increase the basic allowance for subsistence to
which a member of the armed forces described in subsection
(b) is otherwise entitled under section 402 of this title by
an amount (in this section referred to as the `supplemental
subsistence allowance') designed to remove the member's
household from eligibility for benefits under the food stamp
program.
``(2) The supplemental subsistence allowance may not exceed
$500 per month. In establishing the amount of the
supplemental subsistence allowance to be paid an eligible
member under this paragraph, the Secretary shall take into
consideration the amount of the basic allowance for housing
that the member receives under section 403 of this title or
would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of
assignment to quarters of the United States or a housing
facility under the jurisdiction of a uniformed service.
``(3) In the case of a member described in subsection (b)
who establishes to the satisfaction of the Secretary
concerned that the allotment of the member's household under
the food stamp program, calculated in the absence of the
supplemental subsistence allowance, would exceed the amount
established by the Secretary concerned under paragraph (2),
the amount of the supplemental subsistence allowance for the
member shall be equal to the lesser of the following:
``(A) The value of that allotment.
``(B) $500.
``(b) Eligible Members.--(1) Subject to subsection (d), a
member of the armed forces is eligible to receive the
supplemental subsistence allowance if the Secretary concerned
determines that the member's income, together with the income
of the rest of the member's household (if any), is within the
highest income standard of eligibility, as then in effect
under section 5(c) of the Food Stamp Act of 1977 (7 U.S.C.
2014(c)) and without regard to paragraph (1) of such section,
for participation in the food stamp program.
``(2) In determining whether a member meets the eligibility
criteria under paragraph (1), the Secretary--
``(A) shall not take into consideration the amount of the
supplemental subsistence allowance payable under this
section; but
``(B) shall take into consideration the amount of the basic
allowance for housing that the member receives under section
403 of this title or would otherwise receive under such
section, in the case of a member who is not entitled to that
allowance as a result of assignment to quarters of the United
States or a housing facility under the jurisdiction of a
uniformed service.
``(c) Application for Allowance.--To request the
supplemental subsistence allowance, a member shall submit an
application to the Secretary concerned in such form and
containing such information as the Secretary concerned may
prescribe. A member applying for the supplemental subsistence
allowance shall furnish such evidence regarding the member's
satisfaction of the eligibility criteria under subsection (b)
as the Secretary concerned may require.
``(d) Effective Period.--The eligibility of a member to
receive the supplemental subsistence allowance terminates
upon the occurrence of any of the following events, even
though the member continues to meet the eligibility criteria
described in subsection (b):
``(1) Payment of the supplemental subsistence allowance for
12 consecutive months.
``(2) Promotion of the member to a higher grade.
``(3) Transfer of the member in a permanent change of
station.
``(e) Reapplication.--Upon the termination of the effective
period of the supplemental subsistence allowance for a
member, or in anticipation of the imminent termination of the
allowance, a member may reapply for the allowance under
subsection (c) if the member continues to meet, or once again
meets, the eligibility criteria described in subsection (b).
``(f) Reporting Requirement.--Not later than March 1 of
each year after 2001, the Secretary of Defense shall submit
to Congress a report specifying the number of members of the
armed forces who received, at any time during the preceding
year, the supplemental subsistence allowance. In preparing
the report, the Secretary of Defense shall consult with the
Secretary of Transportation. No report is required under this
subsection after March 1, 2006.
``(g) Definitions.--In this section:
``(1) The term `Secretary concerned' means the Secretary of
Defense, and the Secretary of Transportation, with respect to
the Coast Guard when it is not operating as a service in the
Navy.
``(2) The terms `allotment' and `household' have the
meanings given those terms in section 3 of the Food Stamp Act
of 1977 (7 U.S.C. 2012).
``(3) The term `food stamp program' means the program
established pursuant to section 4 of the Food Stamp Act of
1977 (7 U.S.C. 2013).
``(h) Termination of Authority.--No supplemental
subsistence allowance may be made under this section after
September 30, 2006.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
402 the following:

``402a. Supplemental subsistence allowance for low-income members with
dependents.''.

(b) Effective Date.--Section 402a of title 37, United
States Code, as added by subsection (a), shall take effect on
the first day of the first month that begins not less than
180 days after the date of the enactment of this Act.

SEC. 604. CALCULATION OF BASIC ALLOWANCE FOR HOUSING FOR
INSIDE THE UNITED STATES.

(a) Secretary of Defense to Prescribe Rates.--Paragraph (2)
of section 403(b) of title 37, United States Code, is amended
to read as follows:
``(2) The Secretary of Defense shall prescribe the monthly
amount of the basic allowance for housing for a member of a
uniformed service who is entitled to the allowance in a
military housing area in the United States at a rate based
upon the costs of adequate housing in the area determined
under paragraph (1).''.

[[Page H3222]]

(b) Minimum Annual Amount Available for Housing
Allowances.--Paragraph (3) of such section is amended to read
as follows:
``(3) The total amount that may be paid for a fiscal year
for the basic allowance for housing under this subsection may
not be less than the product of--
``(A) the total amount authorized to be paid for such
allowance for the preceding fiscal year; and
``(B) a fraction--
``(i) the numerator of which is the index of the national
average monthly cost of housing for June of the preceding
fiscal year; and
``(ii) the denominator of which is the index of the
national average monthly cost of housing for June of the
second preceding fiscal year.''.
(c) Repeal of Required Adjustment.--Paragraph (5) of such
section is repealed.
(d) Basis for Reduction in Member's Allowance.--Paragraph
(6) of such section is amended by striking ``, changes in the
national average monthly cost of housing,''.
(e) Extension of Transition Period.--Section 603(b) of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 37 U.S.C. 403 note) is amended by
striking ``six years'' and inserting ``eight years''.
(f) Readjustment of Allowance for Certain Period.--A member
of the uniformed services who was entitled to the basic
allowance for housing for a military housing area in the
United States during the period that began on January 1,
2000, and ended on March 1, 2000, shall be paid the allowance
at a monthly rate not less than the rate in effect on
December 31, 1999, in that area for members serving in the
same pay grade and with the same dependency status as the
member.

SEC. 605. EQUITABLE TREATMENT OF JUNIOR ENLISTED MEMBERS IN
COMPUTATION OF BASIC ALLOWANCE FOR HOUSING.

(a) Determination of Costs of Adequate Housing.--Subsection
(b)(1) of section 403 of title 37, United States Code, is
amended by adding at the end the following new sentence: ``In
determining what constitutes adequate housing for members,
the Secretary may not differentiate between members with
dependents in pay grades E-1 through E-4.''.
(b) Single Rate; Minimum.--Subsection (b) of such section,
as amended by section 604(c) of this Act, is further amended
by inserting after paragraph (4) the following new paragraph:
``(5) The Secretary shall establish a single monthly rate
for members of the uniformed services with dependents in pay
grades E-1 through E-4 in the same military housing area. The
rate shall be consistent with the rates paid to members in
pay grades other than pay grades E-1 through E-4 and shall be
based on the following:
``(A) The average cost of a two-bedroom apartment in that
military housing area.
``(B) One-half of the difference between the average cost
of a two-bedroom townhouse in that area and the amount
determined in subparagraph (A).''.
(c) Effective Date.--The amendments made by this section
shall take effect on July 1, 2001.

SEC. 606. BASIC ALLOWANCE FOR HOUSING AUTHORIZED FOR
ADDITIONAL MEMBERS WITHOUT DEPENDENTS WHO ARE
ON SEA DUTY.

(a) Payment Authorized.--Subsection (f)(2)(B) of section
403 of title 37, United States Code, is amended by striking
``E-5'' both places it appears and inserting ``E-4 or E-5''.
(b) Conforming Amendment.--Subsection (m)(1)(B) of such
section is amended by striking ``E-4'' and inserting ``E-3''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001.

SEC. 607. PERSONAL MONEY ALLOWANCE FOR SENIOR ENLISTED
MEMBERS OF THE ARMED FORCES.

(a) Authority.--Section 414 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Allowance for Senior Enlisted Members.--In addition
to other pay or allowances authorized by this title, a
noncommissioned officer is entitled to a personal money
allowance of $2,000 a year while serving as the Sergeant
Major of the Army, the Master Chief Petty Officer of the
Navy, the Chief Master Sergeant of the Air Force, the
Sergeant Major of the Marine Corps, or the Master Chief Petty
Officer of the Coast Guard.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Allowance for
Officers Serving in Certain Ranks or Positions.--'' after
``(a)''; and
(2) in subsection (b), by inserting ``Allowance for Certain
Naval Officers.--'' after ``(b)''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 608. ALLOWANCE FOR OFFICERS FOR PURCHASE OF REQUIRED
UNIFORMS AND EQUIPMENT.

(a) Initial Allowance for Officers.--Section 415(a) of
title 37, United States Code, is amended by striking ``$200''
and inserting ``$400''.
(b) Additional Allowance.--Section 416(a) of such title is
amended by striking ``$100'' and inserting ``$200''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 609. INCREASE IN MONTHLY SUBSISTENCE ALLOWANCE FOR
MEMBERS OF PRECOMMISSIONING PROGRAMS.

(a) Minimum and Maximum Rates.--Subsection (a) of section
209 of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``Except'';
(2) by striking ``subsistence allowance of $200 a month''
and inserting ``monthly subsistence allowance at a rate
prescribed under paragraph (2)'';
(3) by striking ``Subsistence'' and inserting the
following:
``(3) A subsistence''; and
(4) by inserting after the first sentence the following:
``(2) The Secretary of Defense shall prescribe by
regulation the monthly rates for subsistence allowances
provided under this section. The rate may not be less than
$250 per month, but may not exceed $600 per month.''.
(b) Conforming Amendments.--(1) Subsection (b) of such
section is amended by striking ``in the amount provided in
subsection (a)'' and inserting ``at a rate prescribed under
subsection (a)(2)''.
(2) Subsection (d) of such section is amended by striking
``the same rate as that prescribed by subsection (a),'' and
inserting ``the monthly rate prescribed under subsection
(a)(2)''.
(c) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Senior ROTC Members
in Advanced Training.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Senior ROTC Members
Appointed in Reserves.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Pay While Attending
Training or Practice Cruise.--'' after ``(c)'' the first
place it appears; and
(4) in subsection (d), by inserting ``Members of Marine
Corps Officer Candidate Program.--'' after ``(d)''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect October 1, 2001.

SEC. 610. ADDITIONAL AMOUNT AVAILABLE FOR FISCAL YEAR 2001
INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE
THE UNITED STATES.

In addition to the amount determined by the Secretary of
Defense under section 403(b)(3) of title 37, United States
Code (as amended by section 604(b)), to be the total amount
to be paid during fiscal year 2001 for the basic allowance
for housing for military housing areas inside the United
States, $30,000,000 of the amount authorized to be
appropriated by section 421 for military personnel shall be
used by the Secretary to further increase the total amount
available for the basic allowance for housing for military
housing areas inside the United States.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR RESERVE FORCES.

(a) Special Pay for Health Professionals in Critically
Short Wartime Specialties.--Section 302g(f) of title 37,
United States Code, is amended by striking ``December 31,
2000'' and inserting ``December 31, 2001''.
(b) Selected Reserve Reenlistment Bonus.--Section 308b(f)
of such title is amended by striking ``December 31, 2000''
and inserting ``December 31, 2001''.
(c) Selected Reserve Enlistment Bonus.--Section 308c(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(d) Special Pay for Enlisted Members Assigned to Certain
High Priority Units.--Section 308d(c) of such title is
amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(e) Selected Reserve Affiliation Bonus.--Section 308e(e) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(f) Ready Reserve Enlistment and Reenlistment Bonus.--
Section 308h(g) of such title is amended by striking
``December 31, 2000'' and inserting ``December 31, 2001''.
(g) Prior Service Enlistment Bonus.--Section 308i(f) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(h) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of title 10, United States Code, is amended by
striking ``January 1, 2001'' and inserting ``January 1,
2002''.

SEC. 612. EXTENSION OF CERTAIN BONUSES AND SPECIAL PAY
AUTHORITIES FOR NURSE OFFICER CANDIDATES,
REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(b) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.
(c) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2000'' and inserting ``December 31,
2001''.

SEC. 613. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.

(a) Aviation Officer Retention Bonus.--Section 301b(a) of
title 37, United States Code, is amended by striking
``December 31, 2000,'' and inserting ``December 31, 2001,''.
(b) Reenlistment Bonus for Active Members.--Section 308(g)
of such title is amended by striking ``December 31, 2000''
and inserting ``December 31, 2001''.
(c) Enlistment Bonus for Persons With Critical Skills.--
Section 308a(d) of such title

[[Page H3223]]

is amended by striking ``December 31, 2000'' and inserting
``September 30, 2001''.
(d) Army Enlistment Bonus.--Section 308f(c) of such title
is amended by striking ``December 31, 2000'' and inserting
``September 30, 2001''.
(e) Special Pay for Nuclear-Qualified Officers Extending
Period of Active Service.--Section 312(e) of such title is
amended by striking ``December 31, 2000'' and inserting
``December 31, 2001''.
(f) Nuclear Career Accession Bonus.--Section 312b(c) of
such title is amended by striking ``December 31, 2000'' and
inserting ``December 31, 2001''.
(g) Nuclear Career Annual Incentive Bonus.--Section 312c(d)
of such title is amended by striking ``December 31, 2000''
and inserting ``December 31, 2001''.

SEC. 614. CONSISTENCY OF AUTHORITIES FOR SPECIAL PAY FOR
RESERVE MEDICAL AND DENTAL OFFICERS.

(a) Consistent Descriptions of Active Duty.--Section
302(h)(1) of title 37, United States Code, is amended by
inserting before the period at the end the following: ``,
including active duty in the form of annual training, active
duty for training, and active duty for special work''.
(b) Relation to Other Special Pay Authorities.--Subsection
(d) of section 302f of such title is amended to read as
follows:
``(d) Exception.--While a reserve medical or dental officer
receives a special pay under section 302 or 302b of this
title by reason of subsection (a), the officer shall not be
entitled to special pay under section 302(h) or 302b(h) of
this title.''.

SEC. 615. SPECIAL PAY FOR COAST GUARD PHYSICIAN ASSISTANTS.

Section 302c(d)(1) of title 37, United States Code, is
amended by inserting ``an officer in the Coast Guard or Coast
Guard Reserve designated as a physician assistant,'' after
``nurse,''.

SEC. 616. SPECIAL DUTY ASSIGNMENT PAY FOR ENLISTED MEMBERS.

(a) Increase in Monthly Rate.--Subsection (a) of section
307 of title 37, United States Code, is amended by striking
``$275'' and inserting ``$600''.
(b) Elimination of Separate Rate for Recruiters.--Such
subsection is further amended by striking the last sentence.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2001, and shall apply with
respect to months beginning on or after that date.

SEC. 617. REVISION OF CAREER SEA PAY.

(a) In General.--Section 305a of title 37, United States
Code, is amended by striking subsections (a), (b), and (c)
and inserting the following new subsections:
``(a) Availability of Special Pay.--A member of a uniformed
service who is entitled to basic pay is also entitled, while
on sea duty, to career sea pay at a monthly rate prescribed
by the Secretary concerned, but not to exceed $750 per month.
``(b) Eligibility for Premium.--A member of a uniformed
service entitled to career sea pay under subsection (a) who
has served 36 consecutive months of sea duty is also entitled
to a career sea pay premium for the 37th consecutive month
and each subsequent consecutive month of sea duty served by
the member. The monthly amount of the premium shall be
prescribed by the Secretary concerned, but may not exceed
$350 per month.
``(c) Regulations.--The Secretaries concerned shall
prescribe regulations to carry out this section. Regulations
prescribed by the Secretary of a military department shall be
subject to the approval of the Secretary of Defense.''.
(b) Stylistic Amendment.--Subsection (d) of such section is
amended by striking ``(d)'' and inserting ``(d) Definition of
Sea Duty.--''.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2001, and shall apply with
respect to months beginning on or after that date.

SEC. 618. REVISION OF ENLISTMENT BONUS AUTHORITY.

(a) Bonus Authorized.--(1) Title 37, United States Code, is
amended by inserting after section 308i the following new
section:

``Sec. 309. Special pay: enlistment bonus

``(a) Bonus Authorized; Bonus Amount.--A person who enlists
in an armed force for a period of at least two years may be
paid a bonus in an amount not to exceed $20,000. The bonus
may be paid in a single lump sum or in periodic installments.
``(b) Repayment of Bonus.--(1) A member of the armed forces
who voluntarily, or because of the member's misconduct, does
not complete the term of enlistment for which a bonus was
paid under this section, or a member who is not technically
qualified in the skill for which the bonus was paid, if any
(other than a member who is not qualified because of injury,
illness, or other impairment not the result of the member's
misconduct), shall refund to the United States that
percentage of the bonus that the unexpired part of member's
enlistment is of the total enlistment period for which the
bonus was paid.
``(2) An obligation to reimburse the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of an
enlistment for which a bonus was paid under this section does
not discharge the person receiving the bonus from the debt
arising under paragraph (1).
``(c) Relation to Prohibition on Bounties.--The enlistment
bonus authorized by this section is not a bounty for purposes
of section 514(a) of title 10.
``(d) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under the jurisdiction of the Secretary of
Defense and by the Secretary of Transportation for the Coast
Guard when the Coast Guard is not operating as a service in
the Navy.
``(e) Duration of Authority.--No bonus shall be paid under
this section with respect to any enlistment in the armed
forces made before October 1, 2001, or after December 31,
2001.''.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by inserting after the item relating to
section 308i the following new item:

``309. Special pay: enlistment bonus.''.

(b) Repeal of Superseded Enlistment Bonus Authorities.--(1)
Sections 308a and 308f of title 37, United States Code, are
repealed.
(2) The table of sections at the beginning of chapter 5 of
such title is amended by striking the items relating to
sections 308a and 308f.
(c) Effective Date.--The amendments made by subsection (b)
shall take effect on October 1, 2001.

SEC. 619. AUTHORIZATION OF RETENTION BONUS FOR MEMBERS OF THE
ARMED FORCES QUALIFIED IN A CRITICAL MILITARY
SKILL.

(a) Bonus Authorized.--(1) Chapter 5 of title 37, United
States Code, is amended by adding at the end the following
new section:

``Sec. 323. Special pay: retention incentives for members
qualified in a critical military skill

``(a) Retention Bonus Authorized.--An officer or enlisted
member of the armed forces who is serving on active duty and
is qualified in a designated critical military skill may be
paid a retention bonus as provided in this section if--
``(1) in the case of an officer, the member executes a
written agreement to remain on active duty for at least one
year; or
``(2) in the case of an enlisted member, the member
reenlists or voluntarily extends the member's enlistment for
a period of at least one year.
``(b) Designation of Critical Skills.--(1) A designated
critical military skill referred to in subsection (a) is a
military skill designated as critical by the Secretary of
Defense, or by the Secretary of Transportation with respect
to the Coast Guard when it is not operating as a service in
the Navy.
``(2) The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not
operating as a service in the Navy, shall notify Congress, in
advance, of each military skill to be designated by the
Secretary as critical for purposes of this section. The
notice shall be submitted at least 90 days before any bonus
with regard to that critical skill is offered under
subsection (a) and shall include a discussion of the
necessity for the bonus, the amount and method of payment of
the bonus, and the retention results that the bonus is
expected to achieve.
``(c) Payment Methods.--A bonus under this section may be
paid in a single lump sum or in periodic installments.
``(d) Maximum Bonus Amount.--A member may enter into an
agreement under this section, or reenlist or voluntarily
extend the member's enlistment, more than once to receive a
bonus under this section. However, a member may not receive a
total of more than $200,000 in payments under this section.
``(e) Certain Members Ineligible.--A retention bonus may
not be provided under subsection (a) to a member of the armed
forces who--
``(1) has completed more than 25 years of active duty; or
``(2) will complete the member's 25th year of active duty
before the end of the period of active duty for which the
bonus is being offered.
``(f) Relationship to Other Incentives.--A retention bonus
paid under this section is in addition to any other pay and
allowances to which a member is entitled.
``(g) Repayment of Bonus.--(1) If an officer who has
entered into a written agreement under subsection (a) fails
to complete the total period of active duty specified in the
agreement, or an enlisted member who voluntarily or because
of misconduct does not complete the term of enlistment for
which a bonus was paid under this section, the Secretary of
Defense, and the Secretary of Transportation with respect to
members of the Coast Guard when it is not operating as a
service in the Navy, may require the member to repay the
United States, on a pro rata basis and to the extent that the
Secretary determines conditions and circumstances warrant,
all sums paid under this section.
``(2) An obligation to repay the United States imposed
under paragraph (1) is for all purposes a debt owed to the
United States.
``(3) A discharge in bankruptcy under title 11 that is
entered less than five years after the termination of a
written agreement entered into under subsection (a) does not
discharge the member from a debt arising under paragraph (2).
``(h) Annual Report.--Not later than February 15 of each
year, the Secretary of Defense and the Secretary of
Transportation shall submit to Congress a report--
``(1) analyzing the effect, during the preceding fiscal
year, of the provision of bonuses under this section on the
retention of members qualified in the critical military
skills for which the bonuses were offered; and
``(2) describing the intentions of the Secretary regarding
the continued use of the bonus authority during the current
and next fiscal years.
``(i) Termination of Bonus Authority.--No bonus may be paid
under this section with respect to any reenlistment, or
voluntary extension of an enlistment, in the armed forces
entered into after December 31, 2001, and no agreement under
this section may be entered into after that date.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

[[Page H3224]]

``323. Special pay: retention incentives for members qualified in
critical military skill.''.

(b) Effective Date.--Section 323 of title 10, United States
Code, as added by subsection (a), shall take effect on
October 1, 2000.

SEC. 620. ELIMINATION OF REQUIRED CONGRESSIONAL NOTIFICATION
BEFORE IMPLEMENTATION OF CERTAIN SPECIAL PAY
AUTHORITY.

(a) Retention Special Pay for Optometrists.--(1) Section
302a(b)(1) of title 37, United States Code, is amended by
striking ``an officer described in paragraph (2) may be
paid'' and inserting ``the Secretary concerned may pay an
officer described in paragraph (2) a''.
(2) Section 617 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1578) is
amended by striking subsection (b).
(b) Special Pay for Officers in Nursing Specialties.--(1)
Section 302e(b)(2)(A) of title 37, United States Code, is
amended by striking ``the Secretary'' and inserting ``the
Secretary of the military department concerned''.
(2) Section 614 of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1577) is
amended by striking subsection (c).

Subtitle C--Travel and Transportation Allowances

SEC. 631. ADVANCE PAYMENTS FOR TEMPORARY LODGING OF MEMBERS
AND DEPENDENTS.

(a) Subsistence Expenses.--Section 404a of title 37, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Payment or Reimbursement of Subsistence Expenses.--
(1) Under regulations prescribed by the Secretaries
concerned, a member of a uniformed service who is ordered to
make a change of permanent station described in paragraph (2)
shall be paid or reimbursed for subsistence expenses of the
member and the member's dependents for the period (subject to
subsection (c)) for which the member and dependents occupy
temporary quarters incident to that change of permanent
station.
``(2) Paragraph (1) applies to the following:
``(A) A permanent change of station from any duty station
to a duty station in the United States (other than Hawaii or
Alaska).
``(B) A permanent change of station from a duty station in
the United States (other than Hawaii or Alaska) to a duty
station outside the United States or in Hawaii or Alaska.
``(C) In the case of an enlisted member who is reporting to
the member's first permanent duty station, the change from
the member's home of record or initial technical school to
that first permanent duty station.
``(b) Payment in Advance.--The Secretary concerned may make
any payment for subsistence expenses to a member under this
section in advance of the member actually incurring the
expenses. The amount of an advance payment made to a member
shall be computed on the basis of the Secretary's
determination of the average number of days that members and
their dependents occupy temporary quarters under the
circumstances applicable to the member and the member's
dependents.
``(c) Maximum Payment Period.--(1) In the case of a change
of permanent station described in subparagraph (A) or (C) of
subsection (a)(2), the period for which subsistence expenses
are to be paid or reimbursed under this section may not
exceed 10 days.
``(2) In the case of a change of permanent station
described in subsection (a)(2)(B)--
``(A) the period for which such expenses are to be paid or
reimbursed under this section may not exceed five days; and
``(B) such payment or reimbursement may be provided only
for expenses incurred before leaving the United States (other
than Hawaii or Alaska).''.
(b) Per Diem.--Section 405 of such title is amended to read
as follows:

``Sec. 405. Travel and transportation allowances: per diem
while on duty outside the United States or in Hawaii or
Alaska

``(a) Per Diem Authorized.--Without regard to the monetary
limitation of this title, the Secretary concerned may pay a
per diem to a member of the uniformed services who is on duty
outside of the United States or in Hawaii or Alaska, whether
or not the member is in a travel status. The Secretary may
pay the per diem in advance of the accrual of the per diem.
``(b) Determination of Per Diem.--In determining the per
diem to be paid under this section, the Secretary concerned
shall consider all elements of the cost of living to members
of the uniformed services under the Secretary's jurisdiction
and their dependents, including the cost of quarters,
subsistence, and other necessary incidental expenses.
However, dependents may not be considered in determining the
per diem allowance for a member in a travel status.
``(c) Treatment of Housing Cost and Allowance.--Housing
cost and allowance may be disregarded in prescribing a
station cost of living allowance under this section.''.
(c) Stylistic Amendments.--Section 404a of such title is
further amended--
(1) in subsection (d), as redesignated by subsection (a),
by striking ``(d)'' and inserting ``(d) Daily Subsistence
Rates.--''; and
(2) in subsection (e), as redesignated by subsection (a),
by striking ``(e)'' and inserting ``(e) Maximum Daily
Payment.--''.

SEC. 632. ADDITIONAL TRANSPORTATION ALLOWANCE REGARDING
BAGGAGE AND HOUSEHOLD EFFECTS.

(a) Pet Quarantine Fees.--Section 406(a)(1) of title 37,
United States Code, is amended by adding at the end the
following new sentence: ``The Secretary concerned may also
reimburse the member for mandatory pet quarantine fees for
household pets, but not to exceed $275 per change of station,
when the member incurs the fees incident to such change of
station.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect October 1, 2000.

SEC. 633. EQUITABLE DISLOCATION ALLOWANCES FOR JUNIOR
ENLISTED MEMBERS.

Section 407(c)(1) of title 37, United States Code, is
amended by inserting before the period the following: ``,
except that the Secretary concerned may not differentiate
between members with dependents in pay grades E-1 through E-
5''.

SEC. 634. AUTHORITY TO REIMBURSE MILITARY RECRUITERS, SENIOR
ROTC CADRE, AND MILITARY ENTRANCE PROCESSING
PERSONNEL FOR CERTAIN PARKING EXPENSES.

(a) Reimbursement Authority.--(1) Chapter 7 of title 37,
United States Code, is amended by inserting after section
411h the following new section:

``Sec. 411i. Travel and transportation allowances: parking
expenses

``(a) Reimbursement Authority.--The Secretary of Defense
may reimburse a member of the Army, Navy, Air Force, or
Marine Corps described in subsection (b) for expenses
incurred by the member in parking a privately owned vehicle
being used by the member to commute to the member's place of
duty.
``(b) Eligible Members.--A member referred to in subsection
(a) is a member who is--
``(1) assigned to duty as a recruiter for any of the armed
forces;
``(2) assigned to duty with a military entrance processing
facility of the armed forces; or
``(3) detailed for instructional and administrative duties
at any institution where a unit of the Senior Reserve
Officers' Training Corps is maintained.
``(c) Inclusion of Certain Civilian Employees.--The
Secretary of Defense may extend the reimbursement authority
provided by subsection (a) to civilian employees of the
Department of Defense whose employment responsibilities
include performing activities related to the duties specified
in subsection (b).''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
411h the following new item:

``411i. Travel and transportation allowances: parking expenses.''.

(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2000.

SEC. 635. EXPANSION OF FUNDED STUDENT TRAVEL FOR DEPENDENTS.

Section 430 of title 37, United States Code, is amended--
(1) in subsections (a)(3) and (b)(1), by striking ``for the
purpose of obtaining a secondary or undergraduate college
education'' and inserting ``for the purpose of obtaining a
formal education''; and
(2) in subsection (f)--
(A) by striking ``In this section, the term'' and inserting
the following:
``In this section:
``(1) The term''; and
(B) by adding at the end the following new subparagraph:
``(2) The term `formal education' means the following:
``(A) A secondary education.
``(B) An undergraduate college education.
``(C) A graduate education pursued on a full-time basis at
an institution of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)).
``(D) Vocational education pursued on a full-time basis at
a post-secondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c))).''.

Subtitle D--Retirement and Survivor Benefit Matters

SEC. 641. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT
POINTS THAT MAY BE CREDITED IN ANY YEAR.

Section 12733(3) of title 10, United States Code, is
amended by striking ``but not more than'' and all that
follows and inserting ``but not more than--
``(A) 60 days in any one year of service before the year of
service that includes September 23, 1996;
``(B) 75 days in the year of service that includes
September 23, 1996, and in any subsequent year of service
before the year of service that includes the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2001; and
``(C) 90 days in the year of service that includes the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2001 and in any subsequent year of
service.''.

SEC. 642. RESERVE COMPONENT SURVIVOR BENEFIT PLAN SPOUSAL
CONSENT REQUIREMENT.

(a) Eligible Participants.--Subsection (a)(2)(B) of section
1448 of title 10, United States Code, is amended to read as
follows:
``(B) Reserve-component annuity participants.--A person who
(i) is eligible to participate in the Plan under paragraph
(1)(B), and (ii) is married or has a dependent child when he
is notified under section 12731(d) of this title that he has
completed the years of service required for eligibility for
reserve-component retired pay, unless the person elects (with
his spouse's concurrence, if required under paragraph (3))
not to participate in the Plan before the end of the 90-day
period beginning on the date on which he receives that
notification.''.
(b) Subsequent Election To Participate.--Subsection
(a)(3)(B) of such section is amended--

[[Page H3225]]

(1) by striking ``who elects to provide'' and inserting
``who is eligible to provide'';
(2) by redesignating clauses (i) and (ii) as clauses (iii)
and (iv), respectively; and
(3) by inserting before clause (iii) (as so redesignated)
the following new clauses:
``(i) not to participate in the Plan;
``(ii) to designate under subsection (e)(2) the effective
date for commencement of annuity payments under the Plan in
the event that the member dies before becoming 60 years of
age to be the 60th anniversary of the member's birth (rather
than the day after the date of the member's death);''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)(2), by striking ``described in
clauses (i) and (ii)'' in the sentence following subparagraph
(B) (as amended by subsection (a)) and all that follows
through ``that clause'' and inserting ``who elects under
subparagraph (B) not to participate in the Plan'';
(2) in subsection (a)(4)--
(A) by striking ``not to participate in the Plan'' in
subparagraph (A); and
(B) by striking ``to participate in the Plan'' in
subparagraph (B); and
(3) in subsection (e), by striking ``making such
election''.
(d) Effective Date.--The amendments made by this section
apply only with respect to a notification under section
12731(d) of title 10, United States Code, made after January
1, 2001, that a member of a reserve component has completed
the years of service required for eligibility for reserve-
component retired pay.

Subtitle E--Other Matters

SEC. 651. PARTICIPATION IN THRIFT SAVINGS PLAN.

For purposes of subtitle F of title VI of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 670), both of the conditions under section
663(b)(1) of such Act shall be considered met on July 15,
2001 (unless earlier met).

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Health Care Services

SEC. 701. TWO-YEAR EXTENSION OF AUTHORITY FOR USE OF CONTRACT
PHYSICIANS AT MILITARY ENTRANCE PROCESSING
STATIONS AND ELSEWHERE OUTSIDE MEDICAL
TREATMENT FACILITIES.

Section 1091(a)(2) of title 10, United States Code, is
amended by striking ``December 31, 2000'' in the second
sentence and inserting ``December 31, 2002''.

SEC. 702. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR
RECIPIENTS.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074g the
following new section:

``Sec. 1074h. Medical and dental care: medal of honor
recipients; dependents

``(a) Medal of Honor Recipients.--A former member of the
armed forces who is a Medal of Honor recipient and who is not
otherwise entitled to medical and dental benefits under this
chapter may, upon request, be given medical and dental care
provided by the administering Secretaries in the same manner
as if entitled to retired pay.
``(b) Dependents.--A person who is a dependent of a Medal
of Honor recipient and who is not otherwise entitled to
medical and dental benefits under this chapter may, upon
request, be given medical and dental care provided by the
administering Secretaries in the same manner as if the Medal
of Honor recipient were, or (if deceased) was at the time of
death, entitled to retired pay.
``(c) Definitions--In this section:
``(1) The term `Medal of Honor recipient' means a member or
former member of the armed forces who has been awarded a
medal of honor under section 3741, 6241, or 8741 of this
title or section 491 of title 14.
``(2) The term `dependent' has the meaning given that term
in subparagraphs (A), (B), (C), and (D) of section 1072(2) of
this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1074g the following new item:

``1074h. Medical and dental care: medal of honor recipients;
dependents.''.

(b) Effective Date.--Section 1074h of title 10, United
States Code, shall apply with respect to medical and dental
care provided on or after the date of the enactment of this
Act.

SEC. 703. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR
CHAMPUS BENEFICIARIES AND CERTAIN FORMER
CHAMPUS BENEFICIARIES.

(a) In General.--Section 703(a) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 682; 10 U.S.C. 1077 note) is amended by adding at
the end the following:
``(4) The Secretary may provide payment for domiciliary or
custodial care services provided to an eligible beneficiary
for which payment was discontinued by reason of section
1086(d) of title 10, United States Code, and subsequently
reestablished under other legal authority. Such payment is
authorized for the period beginning on the date of
discontinuation of payment for domiciliary or custodial care
services and ending on the date of reestablishment of payment
for such services.''.
(b) Cost Limitation for Individual Case Management
Program.--(1) Section 1079(a)(17) of title 10, United States
Code, is amended--
(A) by inserting ``(A)'' after ``(17)''; and
(B) by adding at the end the following:
``(B) The total amount expended under subparagraph (A) for
a fiscal year may not exceed $100,000,000.''.
(2) Section 703 of the National Defense Authorization Act
for Fiscal Year 2000 is amended by adding at the end the
following:
``(e) Cost Limitation.--The total amount paid for services
for eligible beneficiaries under subsection (a) for a fiscal
year (together with the costs of administering the authority
under that subsection) shall be included in the expenditures
limited by section 1079(a)(17)(B) of title 10, United States
Code.''.
(3) The amendments made by paragraphs (1) and (2) shall
apply to fiscal years after fiscal year 1999.

SEC. 704. 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 (hereinafter 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 one-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 the
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. 705. TELERADIOLOGY DEMONSTRATION PROJECT.

(a) Requirement To Conduct Project.--(1) The Secretary of
Defense shall conduct a demonstration project for the purpose
of increasing efficiency of operations with respect to
teleradiology at a military medical treatment facility and
supporting remote clinics and increasing coordination with
respect to teleradiology between such facility 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.

[[Page H3226]]

(2) The demonstration project shall be conducted at a
multi-specialty tertiary-care military medical treatment
facility affiliated with a university medical school, that is
supported by at least five 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.
(b) Duration of Project.--The Secretary shall conduct the
project during the two-year period beginning on the date of
the enactment of this Act.

Subtitle B--TRICARE Program

SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE
PROGRAM IN THE CONTINENTAL UNITED STATES.

(a) Coverage of Other Uniformed Services.--(1) Section
1074(c) of title 10, United States Code, is amended--
(A) by striking ``armed forces'' each place it appears,
except in paragraph (3)(A), and inserting ``uniformed
services'';
(B) in paragraph (1), by inserting after ``military
department'' in the first sentence the following: ``, the
Department of Transportation (with respect to the Coast Guard
when it is not operating as a service in the Navy), or the
Department of Health and Human Services (with respect to the
National Oceanic and Atmospheric Administration and the
Public Health Service)'';
(C) in paragraph (2), by adding at the end the following:
``(C) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
paragraph.''; and
(D) in paragraph (3)(A), by striking ``The Secretary of
Defense may not require a member of the armed forces
described in subparagraph (B)'' and inserting ``A member of
the uniformed services described in subparagraph (B) may not
be required''.
(2)(A) Subsections (b), (c), and (d)(3) of section 731 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1811; 10 U.S.C. 1074 note) are
amended by striking ``Armed Forces'' and inserting
``uniformed services''.
(B) Subsection (b) of such section is further amended by
adding at the end the following:
``(4) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(C) Subsection (f) of such section is amended by adding at
the end the following:
``(3) The terms `uniformed services' and `administering
Secretaries' have the meanings given those terms in section
1072 of title 10, United States Code.''.
(3) Section 706(b) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 684)
is amended by striking ``Armed Forces'' and inserting
``uniformed services (as defined in section 1072(1) of title
10, United States Code)''.
(b) Coverage of Immediate Family.--(1) Section 1079 of
title 10, United States Code, is amended by adding at the end
the following:
``(p)(1) Subject to such exceptions as the Secretary of
Defense considers necessary, coverage for medical care under
this section for the dependents referred to in subsection (a)
of a member of the uniformed services referred to in section
1074(c)(3) of this title who are residing with the member,
and standards with respect to timely access to such care,
shall be comparable to coverage for medical care and
standards for timely access to such care under the managed
care option of the TRICARE program known as TRICARE Prime.
``(2) The Secretary of Defense shall enter into
arrangements with contractors under the TRICARE program or
with other appropriate contractors for the timely and
efficient processing of claims under this subsection.
``(3) The Secretary of Defense shall consult with the other
administering Secretaries in the administration of this
subsection.''.
(2) Section 731(b) of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1811;
10 U.S.C. 1074 note) is amended--
(A) in paragraph (1), by adding at the end the following:
``A dependent of the member, as described in subparagraph
(A), (D), or (I) of section 1072(2) of title 10, United
States Code, who is residing with the member shall have the
same entitlement to care and to waiver of charges as the
member.''; and
(B) in paragraph (2), by inserting ``or dependent of the
member, as the case may be,'' after ``(2) A member''.
(c) Effective Date.--(1) The amendments made by subsection
(a)(2), with respect to members of the uniformed services,
and the amendments made by subsection (b)(2), with respect to
dependents of members, shall take effect on the date of the
enactment of this Act and shall expire with respect to a
member or the dependents of a member, respectively, on the
later of the following:
(A) The date that is one year after the date of the
enactment of this Act.
(B) The date on which the amendments made by subsection
(a)(1) or (b)(1) apply with respect to the coverage of
medical care for and provision of such care to the member or
dependents, respectively.
(2) Section 731(b)(3) of Public Law 105-85 does not apply
to a member of the Coast Guard, the National Oceanic and
Atmospheric Administration, or the Commissioned Corps of the
Public Health Service, or to a dependent of a member of a
uniformed service.

SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.

(a) No Copayment for Immediate Family.--Section 1097a of
title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) No Copayment for Immediate Family.--No copayment
shall be charged a member for care provided under TRICARE
Prime to a dependent of a member of the uniformed services
described in subparagraph (A), (D), or (I) of section 1072(2)
of this title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2000, and shall apply with
respect to care provided on or after that date.

SEC. 713. 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 purpose of the system shall be to enhance
efficiency, improve service, and achieve commercially
recognized standards of performance.
(b) Requirements 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; and
(E) the portability of enrollments nationwide; 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'' shall have the meaning given such term in section
1072 of title 10, United States Code.

SEC. 714. CLAIMS PROCESSING IMPROVEMENTS.

Beginning on the date of the enactment of this Act, the
Secretary of Defense shall 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) Require all health care providers under the TRICARE
program that the Secretary determines are high-volume
providers to submit claims electronically.
(4) Process 50 percent of all claims by health care
providers and institutions under the TRICARE program by
electronic means.
(5) Authorize managed care support contractors under the
TRICARE program to require providers to access information on
the status of claims through the use of telephone automated
voice response units.

SEC. 715. PROHIBITION AGAINST REQUIREMENT FOR PRIOR
AUTHORIZATION FOR CERTAIN REFERRALS; REPORT ON
NONAVAILABILITY-OF-HEALTH-CARE STATEMENTS.

(a) Prohibition Regarding Prior Authorization for
Referrals.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1095e the following new
section:

``Sec. 1095f. TRICARE program: referrals for specialty health
care

``The Secretary of Defense shall provide that no contract
for managed care support under the TRICARE program shall
require a managed care support contractor to require a
primary care provider or specialty care provider to obtain
prior authorization before referring a patient to a specialty
care provider that is part of the network of health care
providers or institutions of the contractor.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1095e the following new item:

``1095f. TRICARE program: referrals for specialty health care.''.
(b) Report.--Not later than February 1, 2001, the
Comptroller General shall submit to Congress a report on the
financial and management implications of eliminating the
requirement to obtain nonavailability-of-health-care
statements under section 1080 of title 10, United States
Code.
(c) Effective Date.--Section 1095f of title 10, United
States Code, as added by subsection (a), shall apply with
respect to a managed care support contract entered into by
the Department of

[[Page H3227]]

Defense after the date of the enactment of this Act.

SEC. 716. AUTHORITY TO ESTABLISH SPECIAL LOCALITY-BASED
REIMBURSEMENT RATES; REPORTS.

(a) In General.--Section 1079(h) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) To assure access to care for all covered
beneficiaries, the Secretary of Defense, in consultation with
the other administering Secretaries, shall designate specific
rates for reimbursement for services in certain localities if
the Secretary determines that without payment of such rates
access to health care services would be severely impaired.
Such a determination shall be based on consideration of the
number of providers in a locality who provide the services,
the number of such providers who are CHAMPUS participating
providers, the number of covered beneficiaries under CHAMPUS
in the locality, the availability of military providers in
the location or a nearby location, and any other factors
determined to be relevant by the Secretary.''.
(b) Reports.--(1) Not later than March 31, 2001, the
Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate and
the General Accounting Office a report on actions taken to
carry out section 1079(h)(5) of title 10, United States Code
(as added by subsection (a)) and section 1097b of such title.
(2) Not later than May 1, 2001, the Comptroller General
shall submit to Congress a report analyzing the utility of--
(A) increased reimbursement authorities with respect to
ensuring the availability of network providers and nonnetwork
providers under the TRICARE Program to covered beneficiaries
under chapter 55 of such title; and
(B) requiring a reimbursement limitation of 70 percent of
usual and customary rates rather than 115 percent of maximum
allowable charges under the Civilian Health and Medical
Program of the Uniformed Services.

SEC. 717. REIMBURSEMENT FOR CERTAIN TRAVEL EXPENSES.

(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074h (as added
by section 702) the following new section:

``Sec. 1074i. Reimbursement for certain travel expenses

``In any case in which a covered beneficiary is referred by
a primary care physician to a specialty care provider who
provides services more than 100 miles from the location in
which the primary care provider provides services to the
covered beneficiary, the Secretary shall provide
reimbursement for reasonable travel expenses for the covered
beneficiary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074h the following new item:

``1074i. Reimbursement for certain travel expenses.''.

SEC. 718. REDUCTION OF CATASTROPHIC CAP.

(a) In General.--Chapter 55 of title 10, United States
Code, is amended in section 1095d by adding at the end the
following new subsection:
``(c) Reduction of Catastrophic Cap.--The Secretary shall
reduce the catastrophic cap for covered beneficiaries under
TRICARE Standard and TRICARE Extra to $3,000.''.
(b) Clerical Amendments.--(1) The heading of such section
is amended to read as follows:

``Sec. 1095d. TRICARE program: waiver of certain deductibles;
reduction of catastrophic cap''.

(2) The item relating to section 1095d in the table of
sections at the beginning of such chapter 55 is amended to
read as follows:

``1095d. TRICARE program: waiver of certain deductibles; reduction of
catastrophic cap.''.

SEC. 719. REPORT ON PROTECTIONS AGAINST HEALTH CARE PROVIDERS
SEEKING DIRECT REIMBURSEMENT FROM MEMBERS OF
THE UNIFORMED SERVICES.

Not later than January 31, 2001, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report recommending
practices to discourage or prohibit health care providers
under the TRICARE Program from inappropriately seeking direct
reimbursement from members of the uniformed services or their
dependents for health care received by such members or
dependents.

SEC. 720. DISENROLLMENT PROCESS FOR TRICARE RETIREE DENTAL
PROGRAM.

Section 1076c of title 10, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Disenrollment Process for TRICARE Retiree Dental
Program.--With respect to the provision of dental care to a
retired member of the uniformed services or the dependent of
such a member under the TRICARE program, the Secretary of
Defense--
``(A) shall require that any TRICARE dental insurance
contract allow for a period of up to 30 days, beginning on
the date of the submission of an application for enrollment
by the member or dependent, during which the member or
dependent may disenroll;
``(B) shall provide for limited circumstances under which
disenrollment shall be permitted during the 24-month initial
enrollment period, without jeopardizing the fiscal integrity
of the dental program.
``(2) The circumstances described in paragraph (1)(B) shall
include--
``(A) a case in which a retired member or dependent who is
also a Federal employee is assigned to a location overseas
which prevents utilization of dental benefits in the United
States;
``(B) a case in which such a member or dependent provides
medical documentation with regard to a diagnosis of a serious
or terminal illness which precludes the member or dependent
from obtaining dental care;
``(C) a case in which severe financial hardship would
result; and
``(D) any other instances which the Secretary considers
appropriate.
``(3) A retired member or dependent described in paragraph
(1)--
``(A) shall make any initial requests for disenrollment
under this subsection to the TRICARE dental insurance
contractor; and
``(B) may appeal a decision by the contractor, or policies
with respect to the provision of dental care to retirees and
their dependents under the TRICARE program, to the TRICARE
Management Activity.
``(4) In a case of an appeal described in paragraph (3)(B)
the contractor shall refer all relevant information collected
by the contractor to the TRICARE Management Activity.''.

Subtitle C--Health Care Programs for Medicare-Eligible Department of
Defense Beneficiaries

SEC. 721. IMPLEMENTATION OF TRICARE SENIOR PHARMACY PROGRAM.

Section 723 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2068; 10 U.S.C. 1073 note) is amended--
(1) in subsection (a)--
(A) by striking ``October 1, 1999'' and inserting ``April
1, 2001''; and
(B) by striking ``who reside in an area selected under
subsection (f)'';
(2) by amending subsection (b) to read as follows:
``(b) Program Requirements.--The same coverage for pharmacy
services and the same procedures for cost sharing and
reimbursement as are applicable under section 1086 of title
10, United States Code, shall apply with respect to the
program required by subsection (a).'';
(3) in subsection (d)--
(A) by striking ``December 31, 2000'' and inserting
``December 31, 2001''; and
(B) by striking ``December 31, 2002'' and inserting
``December 31, 2003'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (D); and
(B) in paragraph (2), by striking ``at the time'' and all
that follows through ``facility'' and inserting ``before
April 1, 2001, has attained the age of 65 and did not enroll
in the program described in such paragraph''; and
(5) by striking subsection (f).

SEC. 722. STUDY ON HEALTH CARE OPTIONS FOR MEDICARE-ELIGIBLE
MILITARY RETIREES.

(a) Requirement To Conduct Study.--The Secretary of Defense
shall enter into an agreement with a federally funded
research and development center for the purpose of having
such center conduct an independent study on alternatives for
providing continued health care benefits for medicare-
eligible military retirees.
(b) Matters To Be Included.--(1) The study shall consider
the possibility of providing health care to such retirees
through at least the following alternatives, either
individually or in combination, and shall include an analysis
of the mandatory and discretionary funding requirements for
implementation of each alternative for each year of a ten-
year period:
(A) The use of mandatory enrollments in any health care
option.
(B) The creation, integration, and coordination of a
Department of Defense-Medicare supplemental plan that--
(i) includes benefits similar to those covered under a
standard medicare supplemental health insurance policy; and
(ii) requires participation in, and coordination with,
available medicare prescription drug benefits.
(C) Space-available health care in military medical
treatment facilities and participation in the standard
prescription drug plan under the TRICARE program.
(D) Increased participation in, and coordination with,
managed care programs of the Veterans Health Administration.
(2) The study shall consider--
(A) the findings and recommendations in all reports
prepared by the Comptroller General on demonstration programs
of the Department of Defense involving medicare-eligible
military retirees; and
(B) the existence of multiple overlapping benefits for such
retirees, including benefits available through the Veterans
Health Administration, medicare, and private insurance.
(c) Independent Advisory Committee.--(1) The Secretary
shall establish an independent advisory committee to assist
the federally funded research and development center
described in subsection (a) in conducting the study required
by this section. The Secretary shall appoint the members of
the committee from among individuals who--
(A) are not members of the uniformed services or civilian
employees of the Department of Defense;
(B) possess expertise in health insurance matters,
including matters regarding medigap plans and TRICARE
supplemental insurance policies;
(C) are representative of nongovernmental organizations and
associations that represent the views and interests of
covered beneficiaries under chapter 55 of title 10, United
States Code;
(D) are knowledgeable regarding the medicare system, the
military health care system, and the Veterans' Health
Administration; and

[[Page H3228]]

(E) represent associations of major health care providers
and institutions.
(2) Members of the committee shall be appointed for the
life of the committee.
(3)(A) Each member of the committee who is not an employee
of the Government shall be paid at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which such member is engaged in performing the
duties of the committee.
(B) Members of the committee may travel on aircraft,
vehicles, or other conveyances of the Armed Forces when
travel is necessary in the performance of a duty of the
committee except when the cost of commercial transportation
is less expensive.
(C) The members of the committee may be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the committee.
(D)(i) A member of the committee who is an annuitant
otherwise covered by section 8344 or 8468 of title 5, United
States Code, by reason of membership on the committee shall
not be subject to the provisions of such section with respect
to such membership.
(ii) A member of the committee who is a member or former
member of a uniformed service shall not be subject to the
provisions of subsections (b) and (c) of section 5532 of such
title with respect to membership on the committee.
(4) The committee shall terminate 60 days after the date on
which the final report is submitted under subsection (d).
(d)(1) Deadline for Completion.--Not later than September
30, 2002, the federally funded research and development
center described in subsection (a) shall submit to the
Secretary a report on the study, including its findings and
conclusions concerning each of the matters described in
subsection (b).
(2) Not later than December 31, 2002, the Secretary shall
submit the report, together and any comments of the
Secretary, to Congress, the Secretary of Veterans Affairs,
and the Secretary of Health and Human Services.
(e) Cooperation by Department of Defense.--The Secretary
shall require that all components of the Department of
Defense cooperate fully with the federally funded research
and development center carrying out the study.

SEC. 723. EXTENDED COVERAGE UNDER FEDERAL EMPLOYEES HEALTH
BENEFITS PROGRAM.

(a) Expansion of Coverage for Retirees Over Age 65.--
Section 1108 of title 10, United States Code, is amended by
adding at the end the following:
``(m) Expansion of Coverage for Retirees Over Age 65.--(1)
Eligible beneficiaries referred to in subsection (b)(1) shall
be permitted to enroll, or to extend a previous enrollment
entered into under subsection (d)(2), during a period of open
enrollment for the year 2003 (conducted in the fall of 2002).
``(2) Subject to paragraphs (2) and (3) of subsection (f),
the period of enrollment, or extension of enrollment, of an
eligible beneficiary under paragraph (1) shall be one year
unless the beneficiary disenrolls before the termination of
the demonstration project.''.
(b) Extension of Project Period.--(1) Subsection (d) of
such section is amended--
(A) in paragraph (1), by striking ``three contract years''
and inserting ``four contract years''; and
(B) in paragraph (2), by striking ``December 31, 2002'' in
the second sentence and inserting ``December 31, 2003''.
(2) Subsection (f)(1) of such section is amended by
striking ``three'' and inserting ``four''.
(3) Subsection (k) of such section is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.
(4) Subsection (l)(2) of such section is amended by
striking ``36 months'' and inserting ``48 months''.
(c) Additional Areas of Coverage.--Subsection (c) of such
section is amended--
(1) by striking ``, but not more than ten,''; and
(2) by striking the third sentence and inserting the
following: ``In establishing the areas, the Secretary and the
Director of the Office of Personnel Management shall include
an area that includes the catchment area of one or more
military medical treatment facilities, an area that is not
located in the catchment area of a military medical treatment
facility, an area in which there is a Medicare Subvention
Demonstration project area under section 1896 of title XVIII
of the Social Security Act (42 U.S.C. 1395ggg), and one area
for each TRICARE region.''.

SEC. 724. EXTENSION OF TRICARE SENIOR SUPPLEMENT PROGRAM.

Section 722(a)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2065; 10 U.S.C. 1073 note) is amended by striking
``December 31, 2002'' and inserting ``December 31, 2003''.

SEC. 725. EXTENSION OF TRICARE SENIOR PRIME DEMONSTRATION
PROJECT.

(a) Extension of Project.--Section 1896 of the Social
Security Act (42 U.S.C. 1395ggg) is amended in subsection
(b)(4) by striking ``3-year period beginning on January 1,
1998'' and inserting ``period beginning on January 1, 1998,
and ending on December 31, 2003'';
(b) Implementation of Utilization Review Procedures.--
Subsection (b) of such section is further amended by adding
at the end the following:
``(6) Utilization review procedures.--The Secretary of
Defense shall develop and implement procedures to review
utilization of health care services by medicare-eligible
military retirees and dependents under this section in order
to enable the Secretary of Defense to more effectively manage
the use of military medical treatment facilities by such
retirees and dependents.''.
(c) Reports.--(1) Such section 1896 is further amended in
subsection (k)(1)--
(1) by striking ``3\1/2\ years'' and inserting ``4\1/2\
years''; and
(2) by adding at the end the following new subparagraphs:
``(P) Which interagency funding mechanisms would be most
appropriate if the project under this section is made
permanent.
``(Q) The ability of the Department of Defense to operate
an effective and efficient managed care system for medicare
beneficiaries.
``(R) The ability of the Department of Defense to meet the
managed care access and quality of care standards under
medicare.
``(S) The adequacy of the data systems of the Department of
Defense for providing timely, necessary, and accurate
information required to properly manage the demonstration
project.''.
(2) Section 724 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
10 U.S.C. 1108 note) is amended by inserting ``the
demonstration project conducted under section 1896 of the
Social Security Act (42 U.S.C. 1395ggg),'' after ``section
722,''.

Subtitle D--Other Matters

SEC. 731. TRAINING IN HEALTH CARE MANAGEMENT AND
ADMINISTRATION.

(a) Expansion of Program.--Section 715(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law
104-106; 110 Stat 375; 10 U.S.C. 1073 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``, deputy commander, and managed care
coordinator'' after ``commander''; and
(B) by inserting ``and any other person'' after
``Defense'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Limitation on Assignment Until Completion of
Training.--No person may be assigned as the commander, deputy
commander, or managed care coordinator of a military medical
treatment facility or as a TRICARE lead agent or senior
member of the staff of a TRICARE lead agent office until the
Secretary of the military department concerned submits a
certification to the Secretary of Defense that such person
has completed the training described in subsection (a).''.
(b) Report Requirement.--(1) Not later than six months
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on progress in
meeting the requirements in such section regarding
implementation of a professional educational program to
provide appropriate training in health care management and
administration.
(2) The report required by paragraph (1) shall include, but
shall not be limited to, the following:
(A) A survey of professional civilian certifications and
credentials which demonstrate achievement of the requirements
of such section.
(B) A description of the continuing education activities
required to obtain initial certification and periodic
required recertification.
(C) A description of the prominence of such credentials or
certifications among senior civilian health care executives.

SEC. 732. STUDY OF ACCRUAL FINANCING FOR HEALTH CARE FOR
MILITARY RETIREES.

(a) Study Required.--The Secretary of Defense shall carry
out a study to assess the feasibility and desirability of
financing the military health care program for retirees of
the uniformed services on an accrual basis. The study shall
be conducted by one or more Department of Defense
organizations designated by the Secretary.
(b) Report.--Not later than February 8, 2001, the Secretary
shall submit to Congress a report on the study, including any
comments on the matters studied that the Secretary considers
appropriate.

SEC. 733. TRACKING PATIENT SAFETY IN MILITARY MEDICAL
TREATMENT FACILITIES.

(a) Centralized Tracking Process.--The Secretary of Defense
shall implement a centralized process for the reporting,
compiling, and analysis of errors in the provision of health
care in military medical treatment facilities that endanger
patients beyond the normal risks associated with the care and
treatment of the patients.
(b) Safety Indicators, Standards, and Protocols.--The
process shall include such indicators, standards, and
protocols as the Secretary of Defense considers necessary for
the establishment and administration of an effective process.

SEC. 734. PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.

(a) Bar Code Identification Technology.--The Secretary of
Defense shall develop a system for the use of bar codes for
the identification of pharmaceuticals in order to provide for
the safest use possible of such pharmaceuticals.
(b) Use in National Mail Order Pharmaceuticals
Demonstration Project.--The Secretary shall implement the use
of bar code identification of pharmaceuticals in the
administration of the mail order pharmaceutical demonstration
project being carried out under section 702 of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2431; 10 U.S.C. 1079 note).

SEC. 735. MANAGEMENT OF VACCINE IMMUNIZATION PROGRAM.

(a) In General.--(1) Chapter 55 of title 10, United States
Code, is amended by adding at the end the following new
section:

[[Page H3229]]

``Sec. 1110. Policies and procedures for immunization program

``(a) System and Procedures for Tracking Separations.--(1)
The Secretary of each military department shall establish a
system for tracking, recording, and reporting separations of
members of the armed forces that result from procedures
initiated as a result of a refusal to participate in the
anthrax vaccine immunization program.
``(2) The Secretary of Defense shall consolidate the
information recorded under the system described in paragraph
(1) and shall submit to the Committees on Armed Services of
the House of Representatives and the Senate on an annual
basis a report on such information. Such reports shall
include a description of--
``(A) the number of personnel separated, categorized by
military department, rank, and active-duty or reserve status;
and
``(B) any other information determined appropriate by the
Secretary.
``(b) Emergency Essential Civilian Personnel.--The
Secretary of Defense shall--
``(1) prescribe regulations for the purpose of ensuring
that any civilian employee of the Department of Defense who
is determined to be an emergency essential employee and who
is required to participate in the anthrax vaccination program
is notified of the requirement to participate in the program
and the consequences of a decision not to participate; and
``(2) ensure that any individual who is being considered
for a position as such an employee is notified of the
obligation to participate in the program before being offered
employment in such position.
``(c) Procedures for Medical and Administrative
Exemptions.--(1) The Secretary of Defense shall establish
uniform procedures under which members of the armed forces
may be exempted from participating in the anthrax vaccination
program for either administrative or medical reasons.
``(2) The Secretaries of the military departments shall
provide for notification of all members of the armed forces
of the procedures described in paragraph (1).
``(d) System for Monitoring Adverse Reactions.--(1) The
Secretary of Defense shall establish a system for monitoring
adverse reactions of members of the armed forces to the
anthrax vaccine which shall include the following:
``(A) Independent review of Vaccine Adverse Event Reporting
System reports.
``(B) Periodic surveys of personnel to whom the vaccine is
administered.
``(C) A continuing longitudinal study of a pre-identified
group of members of the armed forces (including men and women
and members from all services).
``(D) Active surveillance of a sample of members to whom
the anthrax vaccine has been administered that is sufficient
to identify, at the earliest opportunity, any patterns of
adverse reactions, the discovery of which might be delayed by
reliance solely on the Vaccine Adverse Event Reporting
System.
``(2) The Secretary may extend or expand any ongoing or
planned study or analysis of trends in adverse reactions of
members of the armed forces to the anthrax vaccine in order
to meet any of the requirements in paragraph (1).
``(3) The Secretary shall establish guidelines under which
members of the armed forces who are determined by an
independent expert panel to be experiencing unexplained
adverse reactions may obtain access to a Department of
Defense Center of Excellence treatment facility for expedited
treatment and follow up.
``(e) Vaccine Development and Procurement.--(1) The
Secretary of Defense shall develop a plan, including
milestones, for modernizing all vaccines used or anticipated
to be used as part of the protection strategy for members of
the armed forces.
``(2) The Secretary--
``(A) shall, to the maximum extent possible, be the sole
purchaser of a vaccine to immunize members of the armed
forces and employees of all Federal agencies;
``(B) shall, to the maximum extent possible, procure such a
vaccine from more than one manufacturer; and
``(C) in any case in which the Secretary determines that
sole source procurement of such a vaccine is necessary, may
not enter into a contract to purchase such vaccine until 30
days after providing notification to the Committees on Armed
Services of the House of Representatives and the Senate that
the Secretary intends to enter into a sole source contract
for the vaccine.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``1110. Policies and procedures for immunization program.''.
(b) Comptroller General Reports.--(1)(A) Not later than
April 1, 2002, the Comptroller General shall submit to the
Committees on Armed Service of the House of Representatives
and the Senate a report on the impact of the anthrax
vaccination program on the recruitment and retention of
active duty and reserve military personnel and civilian
personnel of the Armed Forces. The study shall cover the
period beginning on the date of the enactment of this Act and
ending on December 31, 2001.
(B) The Comptroller General shall include in the report
required by paragraph (1) a description of any personnel
actions (including transfer, termination, or reassignment of
any personnel) taken as a result of the refusal of any
civilian employee of the Department of Defense to participate
in the anthrax vaccination program.
(2) Not later than March 1 of each of years 2001 through
2004, the Comptroller General shall review and submit to the
Committees on Armed Service of the House of Representatives
and the Senate a report on the financial operations of the
manufacturer of the anthrax vaccine administered through the
anthrax vaccine immunization program of the Department of
Defense. Under such review, the Comptroller General shall--
(A) consider the findings and observations of any other
Federal or State reports relating to such financial
operations;
(B) examine the compliance of the Department of Defense and
its contractors with the Federal Acquisition Regulation; and
(C) make recommendations for improving the financial
stability of the manufacturer.
(c) DoD Reports on Management of Anthrax Vaccine
Immunization Program.--(1) Not later than April 1 of each of
years 2001 through 2004, the Secretary of Defense shall
submit to the Committees on Armed Service of the House of
Representatives and the Senate a report describing, with
respect to each contract relating to the anthrax vaccination
program, the costs incurred by, and payments made to, each
contractor or other entity engaged in the production,
storage, distribution, or marketing of the anthrax vaccine
administered by the Department of Defense.
(B) The first report submitted under subparagraph (A) shall
include the following:
(i) An estimate of the life-cycle cost for the anthrax
vaccination program.
(ii) A description of the acquisition strategy for the
program, including the applicable acquisition category.
(iii) An assessment of the Governmentwide requirements with
respect to the anthrax vaccine and the financial and
manufacturing ability of the manufacturer of the anthrax
vaccine to meet such requirements.
(iv) A description of the status of supplements to the
anthrax vaccine licenses of the contractors and whether the
Food and Drug Administration has approved or is anticipated
to approve all anthrax vaccine doses manufactured.
(v) A summary of all audits by the Defense Contract Audit
Agency or the Inspector General of the Department of Defense
of anthrax vaccine contracts of the Department of Defense and
a description of any actions taken or planned to be taken in
response to recommendations regarding such audits.
(vi) A review of all actions taken by the Department of
Defense to coordinate with other Federal agencies to ensure
the facility of a manufacturer of the anthrax vaccine is
compliant with all Federal requirements.

SEC. 736. STUDY ON FEASIBILITY OF SHARING BIOMEDICAL RESEARCH
FACILITY.

(a) Study Required.--The Secretary of the Army shall
conduct a study on the feasibility of the Tripler Army
Medical Center, Hawaii, sharing a biomedical research
facility with the Department of Veterans Affairs and the
School of Medicine at the University of Hawaii for the
purpose of making more efficient use of funding for
biomedical research. Such facility would include a clinical
research center and facilities for educational, academic, and
laboratory research.
(b) Report.--Not later than March 1, 2001, the Secretary of
the Army shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
study conducted under this section.

SEC. 737. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE
DUTY.

(a) Plan Required.--(1) Not later than March 31, 2001, the
Secretary of Defense shall complete development of a plan to
provide chiropractic health care services and benefits, as a
permanent part of the Defense Health Program (including the
TRICARE program), for all members of the uniformed services
who are entitled to care under section 1074(a) of title 10,
United States Code.
(2) The plan shall provide for the following:
(A) Direct 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 five-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.

[[Page H3230]]

(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.
(f) Funding.--The Secretary of Defense shall transfer
$3,000,000 from the Foreign Currency Fluctuations, Defense
account to the Defense Health Program account, which amount
shall only be available for purposes of carrying out this
section.

SEC. 738. 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 an 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.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

SEC. 801. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE
ACQUISITION PILOT PROGRAMS; REPORTS REQUIRED.

(a) In General.--Notwithstanding section 5064(d) of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-
355; 10 U.S.C. 2430 note), the special authorities provided
under section 5064(c) of such Act shall continue to apply
with respect to programs designated under section 5064(a) of
such Act through September 30, 2005.
(b) JDAM Pilot Program.--The Secretary of Defense may award
Joint Direct Attack Munition contracts and modifications on
the same terms and conditions as contained in the Joint
Direct Attack Munition contract F08626-94-C-0003.
(c) Reports Required.--(1) Not later than January 1, 2001,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report on the acquisition pilot programs of the Department
of Defense. Such report shall include a description of the
following with respect to each acquisition program
participating in the pilot program:
(A) Each quantitative measure and goal established for each
item described in paragraph (2), which of such goals have
been achieved, and the extent to which the use of the
authorities in section 809 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2430 note) and section 5064 of the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355; 10
U.S.C. 2430 note) were a factor in achieving each of such
goals.
(B) Each of the regulations and statutes waived, as
authorized under such sections, in order to achieve such
goals.
(C) Recommended revisions to statutes or the Federal
Acquisition Regulation as a result of participation in the
pilot program.
(D) Any other acquisition programs which could benefit from
participation in the pilot program, and the reasons why such
programs could benefit from such participation.
(E) Any innovative business practices developed as a result
of participation in the pilot program, whether such business
practices could be applied to other acquisition programs, and
any impediments to application of such practices to other
programs.
(F) Technological changes to the program, and to what
extent those changes affected the items in paragraph (2).
(G) Any other information determined appropriate by the
Secretary.
(2) The items under this paragraph are, with respect to
defense acquisition programs, the following:
(A) The acquisition management costs.
(B) The unit cost of the items procured.
(C) The acquisition cycle.
(D) The total cost of carrying out the contract.
(E) Staffing necessary to carry out the program.

SEC. 802. TECHNICAL DATA RIGHTS FOR ITEMS DEVELOPED
EXCLUSIVELY AT PRIVATE EXPENSE.

(a) Amendments to Title 10.--Section 2320(a)(2) of title
10, United States Code, is amended--
(1) in subparagraph (C)--
(A) by amending clause (iii) to read as follows:
``(iii) is necessary for normal operation (other than
detailed manufacturing or processing data), maintenance,
installation, or training when such services are to be
provided by an entity other than the contractor or its
subcontractor;'';
(B) by redesignating clause (iv) as (v); and
(C) by inserting after clause (iii) the following new
clause (iv):
``(iv) is necessary for critical operation, maintenance,
installation of deployed equipment, or training, when such
services are to be provided by an entity other than the
contractor or its subcontractor; or'';
(2) in subparagraph (F)(i)--
(A) in subclause (I)--
(i) by inserting ``clause (i), (ii), (iv), or (v) of''
before ``subparagraph (C)''; and
(ii) by striking ``or'' at the end; and
(B) by adding at the end the following new subclause:
``(III) under the conditions described in subsection
(a)(2)(C)(iii), reaching agreement in negotiations concerning
provision of the rights involved may not be required as a
condition of being responsive to a solicitation, but may be a
condition for the award of a contract; or''; and
(3) by adding at the end the following new subparagraphs:
``(H) In a case described in subparagraph (C)(iii), the
provision of the rights involved shall be subject to
negotiations between the Government and the contractor or
contractors involved.
``(I) A description of the difference between `normal
operation' and `critical operation', as such terms are used
in subparagraph (C).''.
(b) Deadline for Proposal of Certain Regulations.--The
Secretary of Defense shall propose, before initiating notice
and opportunity for public comment, initial regulations
regarding section 2320(a)(2)(I) of title 10, United States
Code (as added by subsection (a)(3)), not later than 60 days
after the date of the enactment of this Act.

SEC. 803. MANAGEMENT OF ACQUISITION OF MISSION-ESSENTIAL
SOFTWARE FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.

(a) Designation of Director of Mission-Essential Software
Management.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:

``Sec. 144. Director of Mission-Essential Software Management

``(a) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall designate within the Office
of the Under Secretary of Defense for Acquisition,
Technology, and Logistics a Director of Mission-Essential
Software Management.
``(b) The Director of Mission-Essential Software Management
shall provide effective oversight of, and shall seek to
improve mechanisms for, the management, development, and
maintenance of mission-essential software for major defense
acquisition programs described in subsection (c).
``(c) For purposes of this section, mission-essential
software for major defense acquisition programs is software--
``(1) that is an integral part of software-intensive major
defense acquisition programs; and
``(2) that is physically part of, dedicated to, or
essential to the mission performance of a weapons system.
``(d) The Director of Mission-Essential Software Management
shall be responsible for--
``(1) reviewing the policies and practices of the military
departments and Defense Agencies for developing software
described in subsection (c);
``(2) reviewing planning and progress in the management of
such software; and
``(3) recommending goals and plans to improve management
with respect to such software.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``144. Director of Mission-Essential Software Management.''.

SEC. 804. EXTENSION OF WAIVER PERIOD FOR LIVE-FIRE
SURVIVABILITY TESTING FOR MH-47E AND MH-60K
HELICOPTER MODIFICATION PROGRAMS.

(a) Existing Waiver Period Not Applicable.--Section
2366(c)(1) of title 10, United States Code, shall not apply
with respect to survivability and lethality tests for the MH-
47E and MH-60K helicopter modification programs. Except as
provided in the previous sentence, the provisions and
requirements in section 2366(c) of such title shall apply
with respect to such programs, and the certification required
by subsection (b) shall comply with the requirements in
paragraph (3) of such section.
(b) Extended Period for Waiver.--With respect to the MH-47E
and MH-60K helicopter modification programs, the Secretary of
Defense may waive the application of the survivability and
lethality tests described in section 2366(a) of title 10,
United States Code, if the Secretary, before full materiel
release of the MH-47E and MH-60K helicopters for operational
use, certifies to Congress that live-fire testing of the
programs would be unreasonably expensive and impracticable.
(c) Conforming Amendment.--Section 142(a) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law
102-484; 106 Stat. 2338) is amended by striking ``and
survivability testing'' in paragraphs (1) and (2).

SEC. 805. THREE-YEAR EXTENSION OF AUTHORITY OF DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY TO CARRY OUT
CERTAIN PROTOTYPE PROJECTS.

Section 845(c) of the National Defense Authorization Act
for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by
striking ``September 30, 2001'' and inserting ``September 30,
2004''.

SEC. 806. CERTIFICATION OF MAJOR AUTOMATED INFORMATION
SYSTEMS AS TO COMPLIANCE WITH CLINGER-COHEN
ACT.

(a) Milestone Approval.--(1) During fiscal years 2001,
2002, and 2003, a major automated information system may not
receive Milestone I approval, Milestone II approval, or
Milestone III approval within the Department of Defense until
the Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-

[[Page H3231]]

Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees notification of each
certification under paragraph (1). Each such notification
shall be submitted not later than 10 days after the date of
the Milestone approval to which the certification relates and
shall include, at a minimum, the funding baseline and
milestone schedule for the system covered by the
certification and confirmation that the following steps have
been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Command, Control, Communications, Computers,
Intelligence, Surveillance, and Reconnaissance
(C⁴ISR) Architecture Framework.
(b) Notice of Designation of Systems as Special Interest
Major Technology Initiatives.--(1) Whenever during fiscal
year 2001, 2002, or 2003 the Chief Information Officer
designates a major automated information system of the
Department of Defense as a ``special interest major
technology initiative'', the Chief Information Officer shall
notify the congressional defense committees of such
designation. Such notice shall be provided not later than 30
days after the date of the designation. Any such notice shall
include the rationale for the decision to make the
designation and a description of the program management
oversight that will be implemented for the system so
designated.
(2) Not later than 60 days after the date of the enactment
of this Act, the Chief Information Officer shall submit to
the congressional defense committees a report specifying each
information system of the Department of Defense currently
designated as a ``special interest major technology
initiative''. The report shall include for each such system
the information specified in the third sentence of paragraph
(1).
(c) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.

SEC. 807. LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS.

Section 2534 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) Polyacrylonitrile carbon fiber.--Polyacrylonitrile
carbon fiber in accordance with subpart 225.71 of part 225 of
the Defense Federal Acquisition Regulation Supplement, as in
effect on April 1, 2000.''; and
(2) in subsection (c)--
(A) by striking paragraph (2)(C) and inserting the
following:
``(C)(i) Subsection (a)(4)(B), subparagraph (B), and this
clause shall cease to be effective on October 1, 1996.
``(ii) Subsection (a)(4)(A), subparagraph (A), and this
clause shall cease to be effective on October 1, 2003.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph (3); and
(D) by adding at the end the following new paragraph (4):
``(4) Polyacrylonitrile carbon fiber.--Subsection (a)(6)
and this paragraph shall cease to be effective on October 1,
2003.''.

SEC. 808. MULTIYEAR SERVICES CONTRACTS.

(a) In General.--Chapter 137 of title 10, United States
Code, is amended--
(1) in section 2306(g), by striking paragraph (3) and
inserting the following:
``(3) Additional provisions regarding mulityear contracts
for the purchase of services are provided in section 2306b of
this title.'';
(2) in section 2306b--
(A) in the heading, by inserting ``or services'' after
``property'';
(B) in subsection (a)--
(i) in the matter following the subsection heading, by
striking ``for the purchase of property'';
(ii) in paragraph (2), by inserting ``or services'' after
``property''; and
(iii) in paragraph (4)--

(I) by striking ``That'' and inserting ``In the case of a
contract for the purchase of property, that''; and
(II) by inserting ``or services'' after ``property'' the
last place such term appears; and

(C) in subsection (f)(2), by inserting ``or services''
after ``property''; and
(3) by amending the item relating to section 2306b in the
table of sections at the beginning of such chapter to read as
follows:

``2306b. Multiyear contracts: acquisition of property or services.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to a contract entered into after the
date the enactment of this Act.

SEC. 809. STUDY ON IMPACT OF FOREIGN SOURCING OF SYSTEMS ON
LONG-TERM MILITARY READINESS AND RELATED
INDUSTRIAL INFRASTRUCTURE.

(a) Study Required.--The Secretary of Defense shall conduct
a study analyzing in detail--
(1) the amount and source of parts, components, and
materials of the systems described in subsection (b) that are
obtained--
(A) from domestic sources; and
(B) from foreign sources;
(2) the impact of obtaining such parts, components, and
materials from foreign sources on the long-term readiness of
the Armed Forces and on the economic viability of the
industrial infrastructure of the United States that supports
defense needs;
(3) the impact on military readiness that would result from
the loss of the ability to obtain parts, components, and
materials identified pursuant to paragraph (1) from foreign
sources; and
(4) the availability of domestic sources for parts,
components, and materials identified as being obtained from
foreign sources pursuant to paragraph (1).
(b) Systems.--The systems referred to in subsection (a) are
the following:
(1) AH-64D Apache helicopter.
(2) F/A-18 E/F aircraft.
(3) M1A2 Abrams tank.
(4) AIM-120 AMRAAM missile.
(5) Patriot missile ground station.
(6) Hellfire missile.
(7) M-16 A3 rifle.
(8) AN/VPS-2 radar.
(c) Source of Information.--The Secretary shall collect
information to be analyzed under the study from prime
contractors and first and second tier subcontractors.
(d) Requirement To Create Database.--The Secretary shall
create an interactive database for the purpose of compiling,
analyzing, and updating data gathered for the study required
by this section.
(e) Report Required.--Not later than 9 months after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report describing the results of the study
required by this section.
(f) Foreign Source Defined.--In this section, the term
``foreign source'' means a country other than the United
States.

SEC. 810. PROHIBITION AGAINST USE OF DEPARTMENT OF DEFENSE
FUNDS TO GIVE OR WITHHOLD A PREFERENCE TO A
MARKETER OR VENDOR OF FIREARMS OR AMMUNITION.

(a) In General.--No funds authorized to be appropriated for
the Department of Defense may be used to give or withhold a
preference to a marketer or vendor of firearms or ammunition
based on whether the manufacturer or vendor is a party to a
covered agreement.
(b) Covered Agreement Defined.--For purposes of this
section, the term ``covered agreement'' means any agreement
requiring a person engaged in a business licensed under
chapter 44 of title 18, United States Code, to abide by a
designated code of conduct, operating practice, or product
design respecting importing, manufacturing, or dealing in
firearms or ammunition.

SEC. 811. STUDY AND REPORT ON PRACTICE OF CONTRACT BUNDLING
IN MILITARY CONSTRUCTION CONTRACTS.

(a) Study Required.--The Comptroller General of the United
States shall conduct a study regarding the use of the
practice known as ``contract bundling'' with respect to
military construction contracts.
(b) Report.--Not later than February 1, 2001, the
Comptroller General shall submit to the congressional defense
committees a report on the results of the study conducted
under subsection (a).

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT

SEC. 901. CHANGE OF TITLE OF CERTAIN POSITIONS IN THE
HEADQUARTERS, MARINE CORPS.

(a) Institution of Positions as Deputy Commandants.--
Section 5041(b) of title 10, United States Code, is amended--
(1) by striking paragraphs (3) through (5) and inserting
the following:
``(3) The Deputy Commandants.''; and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(b) Designation of Deputy Commandants.--(1) Section 5045 of
such title is amended to read as follows:

``Sec. 5045. Deputy Commandants

``There are in the Headquarters Marine Corps, not more than
five Deputy Commandants, detailed by the Secretary of the
Navy from officers on the active-duty list of the Marine
Corps.''.
(2) The item relating to section 5045 in the table of
sections at the beginning of chapter 506 of such title is
amended to read as follows:

``5045. Deputy Commandants.''.
(c) Conforming Amendment.--Section 1502(7)(D) of the Armed
Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended
to read as follows:
``(D) the Deputy Commandant of the Marine Corps with
responsibility for personnel matters.''.

SEC. 902. FURTHER REDUCTIONS IN DEFENSE ACQUISITION AND
SUPPORT WORKFORCE.

(a) Reduction of Defense Acquisition and Support
Workforce.--The Secretary of Defense shall accomplish
reductions in defense acquisition and support personnel
positions during fiscal year 2001 so that the total number of
such personnel as of October 1, 2001, is less than the total
number of such personnel as of October 1, 2000, by at least
13,000.
(b) Implementation Plan.--(1) The Secretary of Defense
shall develop an implementation plan for reshaping,
recruiting, and sustaining the defense acquisition and
support workforce in the future.
(2) Not later than May 1, 2001, the Secretary shall submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report setting forth the plan developed under paragraph (1).
The Secretary shall include in the report a

[[Page H3232]]

proposal for any recommended changes in law that are
necessary to implement the plan.
(c) Defense Acquisition Workforce Defined.--For purposes of
this section, the term ``defense acquisition and support
workforce'' has the meaning given that term in section 931(d)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2106).

SEC. 903. CLARIFICATION OF SCOPE OF INSPECTOR GENERAL
AUTHORITIES UNDER MILITARY WHISTLEBLOWER LAW.

(a) Clarification of Responsibilities.--Subsection
(c)(3)(A) of section 1034 of title 10, United States Code, is
amended by inserting ``, in accordance with regulations
prescribed under subsection (h),'' after ``shall
expeditiously determine''.
(b) Redefinition of Inspector General.--Subsection (i)(2)
of such section is amended--
(1) by inserting ``any of'' in the matter preceding
subparagraph (A) after ``means'';
(2) by striking subparagraphs (C), (D), (E), (F) and (G);
and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Any officer of the armed forces or employee of the
Department of Defense who is assigned or detailed to serve as
an Inspector General at any level in the Department of
Defense.''.

SEC. 904. REPORT ON NUMBER OF PERSONNEL ASSIGNED TO
LEGISLATIVE LIAISON FUNCTIONS.

(a) Report.--Not later than December 1, 2000, the Secretary
of Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a report setting forth the number of
personnel of the Department of Defense performing legislative
liaison functions as of April 1, 2000.
(b) Matters To Be Included.--The report shall include the
following:
(1) The number of military and civilian personnel of the
Department of Defense assigned to full-time legislative
liaison functions, shown by organizational entity and by pay
grade.
(2) The number of military and civilian personnel of the
Department not covered by paragraph (1) (other than personnel
described in subsection (d)) who perform legislative liaison
functions as part of their assigned duties, shown by
organizational entity and by pay grade.
(c) Legislative Liaison Functions.--For purposes of this
section, a legislative liaison function is a function
(regardless of how characterized within the Department of
Defense) that has been established or designated to
principally provide advice, information, and assistance to
the legislative branch on Department of Defense policies,
plans, and programs.
(d) Organizational Entities.--The display of information
under subsection (b) by organizational entity shall be for
the Department of Defense and for each military department as
a whole and separately for each organization at the level of
major command or Defense Agency or higher.
(e) Personnel Not Covered.--Subsection (b)(2) does not
apply to civilian officers appointed by the President, by and
with the advice and consent of the Senate, or to general or
flag officers.

SEC. 905. JOINT REPORT ON ESTABLISHMENT OF NATIONAL
COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.

(a) Report.--The Secretary of Defense and the Director of
Central Intelligence shall submit to the congressional
defense committees and the congressional intelligence
committees a joint report assessing alternatives for the
establishment of a national collaborative information
analysis capability. The report shall include the following:
(1) An assessment of alternative architectures to establish
a national collaborative information analysis capability to
conduct data mining and profiling of information from a wide
array of electronic data sources.
(2) Identification, from among the various architectures
assessed under paragraph (1), of the preferred architecture
and a detailed description of that architecture and of a
program to acquire and implement the capability that would be
provided through that architecture.
(b) Completion and Use of Army Land Information Warfare
Activity.--The Secretary of Defense--
(1) shall ensure that the data mining, profiling, and
analysis capability of the Army's Land Information Warfare
Activity is completed and is fully operational as soon as
possible; and
(2) shall make maximum use of that capability to provide
intelligence support to the Department of Defense, the
military services, the Intelligence Community, and other
agencies of the Government until a national collaborative
information analysis capability is operational.
(c) Funding Restriction for a National Collaborative
Information Analysis Capability.--No funds available to the
Department of Defense may be expended to establish, support,
or implement a program to establish a national, multi-agency
data mining and analysis capability until such a program is
specifically authorized by law.

SEC. 906. ORGANIZATION AND MANAGEMENT OF CIVIL AIR PATROL.

(a) In General.--Chapter 909 of title 10, United States
Code, is amended to read as follows:

``CHAPTER 909--CIVIL AIR PATROL

``Sec.
``9441. Status as federally chartered corporation; purposes.
``9442. Status as volunteer civilian auxiliary of the Air Force.
``9443. Activities not performed as auxiliary of the Air Force.
``9444. Activities performed as auxiliary of the Air Force.
``9445. Funds appropriated for the Civil Air Patrol.
``9446. Miscellaneous personnel authorities.
``9447. Board of Governors.
``9448. Regulations.

``Sec. 9441. Status as federally chartered corporation;
purposes

``(a) Status.--(1) The Civil Air Patrol is a nonprofit
corporation that is federally chartered under section 40301
of title 36.
``(2) Except as provided in section 9442(b)(2) of this
title, the Civil Air Patrol is not an instrumentality of the
Federal Government for any purpose.
``(b) Purposes.--The purposes of the Civil Air Patrol are
set forth in section 40302 of title 36.

``Sec. 9442. Status as volunteer civilian auxiliary of the
Air Force

``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol
is a volunteer civilian auxiliary of the Air Force when the
services of the Civil Air Patrol are used by any department
or agency in any branch of the Federal Government.
``(b) Use by Air Force.--(1) The Secretary of the Air Force
may use the services of the Civil Air Patrol to fulfill the
noncombat programs and missions of the Department of the Air
Force.
``(2) The Civil Air Patrol shall be deemed to be an
instrumentality of the United States with respect to any act
or omission of the Civil Air Patrol, including any member of
the Civil Air Patrol, in carrying out a mission assigned by
the Secretary of the Air Force.

``Sec. 9443. Activities not performed as auxiliary of the Air
Force

``(a) Support for State and Local Authorities.--The Civil
Air Patrol may, in its status as a federally chartered
nonprofit corporation and not as an auxiliary of the Air
Force, provide assistance requested by State or local
governmental authorities to perform disaster relief missions
and activities, other emergency missions and activities, and
nonemergency missions and activities. Missions and activities
carried out under this section shall be consistent with the
purposes of the Civil Air Patrol.
``(b) Use of Federally Provided Resources.--(1) To perform
any mission or activity authorized under subsection (a), the
Civil Air Patrol may use any equipment, supplies, and other
resources provided to it by the Air Force or by any other
department or agency of the Federal Government or acquired by
or for the Civil Air Patrol with appropriated funds, without
regard to whether the Civil Air Patrol has reimbursed the
Federal Government source for the equipment, supplies, other
resources, or funds, as the case may be.
``(2) The use of equipment, supplies, or other resources
under paragraph (1) is subject to--
``(A) the terms and conditions of the applicable agreement
entered into under chapter 63 of title 31; and
``(B) the laws and regulations that govern the use by
nonprofit corporations of federally provided assets or of
assets purchased with appropriated funds, as the case may be.
``(c) Authority Not Contingent on Reimbursement.--The
authority for the Civil Air Patrol to provide assistance
under subsections (a) and (b) is not contingent on the Civil
Air Patrol being reimbursed for the cost of providing the
assistance. If the Civil Air Patrol requires reimbursement
for the provision of assistance under such subsections, the
Civil Air Patrol may establish the reimbursement rate at a
rate less than the rates charged by private sector sources
for equivalent services.
``(d) Liability Insurance.--The Secretary of the Air Force
may provide the Civil Air Patrol with funds for paying the
cost of liability insurance for missions and activities
carried out under this section.

``Sec. 9444. Activities performed as auxiliary of the Air
Force

``(a) Air Force Support for Activities.--The Secretary of
the Air Force may furnish to the Civil Air Patrol in
accordance with this section any equipment, supplies, and
other resources that the Secretary determines necessary to
enable the Civil Air Patrol to fulfill the missions assigned
by the Secretary to the Civil Air Patrol as an auxiliary of
the Air Force.
``(b) Forms of Air Force Support.--The Secretary of the Air
Force may, under subsection (a)--
``(1) give, lend, or sell to the Civil Air Patrol without
regard to the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 471 et seq.)--
``(A) major items of equipment (including aircraft, motor
vehicles, computers, and communications equipment) that are
excess to the military departments; and
``(B) necessary related supplies and training aids that are
excess to the military departments;
``(2) permit the use, with or without charge, of services
and facilities of the Air Force;
``(3) furnish supplies (including fuel, lubricants, and
other items required for vehicle and aircraft operations) or
provide funds for the acquisition of supplies;
``(4) establish, maintain, and supply liaison officers of
the Air Force at the national, regional, State, and
territorial headquarters of the Civil Air Patrol;
``(5) detail or assign any member of the Air Force or any
officer, employee, or contractor of the Department of the Air
Force to any liaison office at the national, regional, State,
or territorial headquarters of the Civil Air Patrol;
``(6) detail any member of the Air Force or any officer,
employee, or contractor of the Department of the Air Force to
any unit or installation of the Civil Air Patrol to assist in
the training programs of the Civil Air Patrol;
``(7) authorize the payment of travel expenses and
allowances, at rates not to exceed those

[[Page H3233]]

paid to employees of the United States under subchapter I of
chapter 57 of title 5, to members of the Civil Air Patrol
while the members are carrying out programs or missions
specifically assigned by the Air Force;
``(8) provide funds for the national headquarters of the
Civil Air Patrol, including--
``(A) funds for the payment of staff compensation and
benefits, administrative expenses, travel, per diem and
allowances, rent, utilities, other operational expenses of
the national headquarters; and
``(B) to the extent considered necessary by the Secretary
of the Air Force to fulfill Air Force requirements, funds for
the payment of compensation and benefits for key staff at
regional, State, or territorial headquarters;
``(9) authorize the payment of expenses of placing into
serviceable condition, improving, and maintaining equipment
(including aircraft, motor vehicles, computers, and
communications equipment) owned or leased by the Civil Air
Patrol;
``(10) provide funds for the lease or purchase of items of
equipment that the Secretary determines necessary for the
Civil Air Patrol;
``(11) support the Civil Air Patrol cadet program by
furnishing--
``(A) articles of the Air Force uniform to cadets without
cost; and
``(B) any other support that the Secretary of the Air Force
determines is consistent with Air Force missions and
objectives; and
``(12) provide support, including appropriated funds, for
the Civil Air Patrol aerospace education program to the
extent that the Secretary of the Air Force determines
appropriate for furthering the fulfillment of Air Force
missions and objectives.
``(c) Assistance by Other Agencies.--(1) The Secretary of
the Air Force may arrange for the use by the Civil Air Patrol
of such facilities and services under the jurisdiction of the
Secretary of the Army, the Secretary of the Navy, or the head
of any other department or agency of the United States as the
Secretary of the Air Force considers to be needed by the
Civil Air Patrol to carry out its mission.
``(2) An arrangement for use of facilities or services of a
military department or other department or agency under this
subsection shall be subject to the agreement of the Secretary
of the military department or head of the other department or
agency, as the case may be.
``(3) Each arrangement under this subsection shall be made
in accordance with regulations prescribed under section 9448
of this title.

``Sec. 9445. Funds appropriated for the Civil Air Patrol

``Funds appropriated for the Civil Air Patrol shall be
available only for the exclusive use of the Civil Air Patrol.

``Sec. 9446. Miscellaneous personnel authorities

``(a) Use of Retired Air Force Personnel.--(1) Upon the
request of a person retired from service in the Air Force,
the Secretary of the Air Force may enter into a personal
services contract with that person providing for the person
to serve as an administrator or liaison officer for the Civil
Air Patrol. The qualifications of a person to provide the
services shall be determined and approved in accordance with
regulations prescribed under section 9448 of this title.
``(2) To the extent provided in a contract under paragraph
(1), a person providing services under the contract may
accept services on behalf of the Air Force and commit and
obligate appropriated funds as necessary to perform the
services.
``(3) A person, while providing services under a contract
authorized under paragraph (1), may receive the person's
retired pay and an additional amount for such services that
is not less than the amount equal to the excess of--
``(A) the pay and allowances that the person would be
entitled to receive if ordered to active duty in the grade in
which the person retired from service in the Air Force, over
``(B) the amount of the person's retired pay.
``(4) A person, while providing services under a contract
authorized under paragraph (1), may not be considered to be
on active duty or inactive-duty training for any purpose.
``(b) Use of Civil Air Patrol Chaplains.--The Secretary of
the Air Force may use the services of Civil Air Patrol
chaplains in support of the Air Force active duty and reserve
component forces to the extent and under conditions that the
Secretary determines appropriate.

``Sec. 9447. Board of Governors

``(a) Governing Body.--The Board of Governors of the Civil
Air Patrol is the governing body of the Civil Air Patrol.
``(b) Composition.--The Board of Governors is composed of
11 members as follows:
``(1) Four members appointed by the Secretary of the Air
Force, who may be active or retired officers of the Air Force
(including reserve components of the Air Force), employees of
the United States, or private citizens.
``(2) Four members of the Civil Air Patrol, elected from
among the members of the Civil Air Patrol in the manner
provided in regulations prescribed under section 9448 of this
title.
``(3) Three members appointed or selected as provided in
subsection (c) from among personnel of any Federal Government
agencies, public corporations, nonprofit associations, and
other organizations that have an interest and expertise in
civil aviation and the Civil Air Patrol mission.
``(c) Appointments From Interested Organizations.--(1)
Subject to paragraph (2), the members of the Board of
Governors referred to in subsection (b)(3) shall be appointed
jointly by the Secretary of the Air Force and the National
Commander of the Civil Air Patrol.
``(2) Any vacancy in the position of a member referred to
in paragraph (1) that is not filled under that paragraph
within 90 days shall be filled by majority vote of the other
members of the Board.
``(d) Chairperson.--(1) The Chairperson of the Board of
Governors shall be chosen by the members of the Board of
Governors from among the members of the Board eligible for
selection under paragraph (2) and shall serve for a term of
two years.
``(2) The position of Chairperson shall be held on a
rotating basis, first by a member of the Board selected from
among those appointed by the Secretary of the Air Force under
paragraph (1) of subsection (b) and then by a member of the
Board selected from among the members elected by the Civil
Air Patrol under paragraph (2) of that subsection. Upon the
expiration of the term of a Chairperson selected from among
the members referred to in one of those paragraphs, the
selection of a successor to that position shall be made from
among the members who are referred to in the other paragraph.
``(e) Powers.--(1) The Board of Governors shall, subject to
paragraphs (2) and (3), exercise the powers granted under
section 40304 of title 36.
``(2) Any exercise by the Board of the power to amend the
constitution or bylaws of the Civil Air Patrol or to adopt a
new constitution or bylaws shall be subject to approval by a
majority of the members of the Board.
``(3) Neither the Board of Governors nor any other
component of the Civil Air Patrol may modify or terminate any
requirement or authority set forth in this section.
``(f) Personal Liability for Breach of a Fiduciary Duty.--
(1) The Board of Governors shall, subject to paragraph (2),
take such action as is necessary to eliminate or limit the
personal liability of a member of the Board of Governors to
the Civil Air Patrol or to any of its members for monetary
damages for a breach of fiduciary duty while serving as a
member of the Board.
``(2) The Board may not eliminate or limit the liability of
a member of the Board of Governors to the Civil Air Patrol or
to any of its members for monetary damages for any of the
following:
``(A) A breach of the member's duty of loyalty to the Civil
Air Patrol or its members.
``(B) Any act or omission that is not in good faith or that
involves intentional misconduct or a knowing violation of
law.
``(C) Participation in any transaction from which the
member directly or indirectly derives an improper personal
benefit.
``(3) Nothing in this subsection shall be construed as
rendering section 207 or 208 of title 18 inapplicable in any
respect to a member of the Board of Governors who is a member
of the Air Force on active duty, an officer on a retired list
of the Air Force, or an employee of the United States.
``(g) Personal Liability for Breach of a Fiduciary Duty.--
(1) Except as provided in paragraph (2), no member of the
Board of Governors or officer of the Civil Air Patrol shall
be personally liable for damages for any injury or death or
loss or damage of property resulting from a tortious act or
omission of an employee or member of the Civil Air Patrol.
``(2) Paragraph (1) does not apply to a member of the Board
of Governors or officer of the Civil Air Patrol for a
tortious act or omission in which the member or officer, as
the case may be, was personally involved, whether in breach
of a civil duty or in commission of a criminal offense.
``(3) Nothing in this subsection shall be construed to
restrict the applicability of common law protections and
rights that a member of the Board of Governors or officer of
the Civil Air Patrol may have.
``(4) The protections provided under this subsection are in
addition to the protections provided under subsection (f).

``Sec. 9448. Regulations

``(a) Authority.--The Secretary of the Air Force shall
prescribe regulations for the administration of this chapter.
``(b) Required Regulations.--The regulations shall include
the following:
``(1) Regulations governing the conduct of the activities
of the Civil Air Patrol when it is performing its duties as a
volunteer civilian auxiliary of the Air Force under section
9442 of this title.
``(2) Regulations for providing support by the Air Force
and for arranging assistance by other agencies under section
9444 of this title.
``(3) Regulations governing the qualifications of retired
Air Force personnel to serve as an administrator or liaison
officer for the Civil Air Patrol under a personal services
contract entered into under section 9446(a) of this title.
``(4) Procedures and requirements for the election of
members of the Board of Governors under section 9447(b)(2) of
this title.
``(c) Approval by Secretary of Defense.--The regulations
required by subsection (b)(2) shall be subject to the
approval of the Secretary of Defense.''.
(b) Conforming Amendments.--(1) Section 40302 of title 36,
United States Code, is amended--
(A) by striking ``to--'' in the matter preceding paragraph
(1) and inserting ``as follows:'';
(B) by inserting ``To'' after the paragraph designation in
each of paragraphs (1), (2), (3), and (4);
(C) by striking the semicolon at the end of paragraphs
(1)(B) and (2) and inserting a period;
(D) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(E) by adding at the end the following:
``(5) To assist the Department of the Air Force in
fulfilling its noncombat programs and missions.''.
(2)(A) Section 40303 of such title is amended--
(i) by inserting ``(a) Membership.--'' before
``Eligibility''; and
(ii) by adding at the end the following:
``(b) Governing Body.--The Civil Air Patrol has a Board of
Governors. The composition and responsibilities of the Board
of Governors are set forth in section 9447 of title 10.''.

[[Page H3234]]

(B) The heading for such section is amended to read as
follows:

``Sec. 40303. Membership and governing body''.

(C) The item relating to such section in the table of
sections at the beginning of chapter 403 of title 36, United
States Code, is amended to read as follows:

``40303. Membership and governing body.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the date of the
enactment of this Act.

SEC. 907. REPORT ON NETWORK CENTRIC WARFARE.

(a) Report Required.--Not later than October 1, 2001, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the Department's views
on Network Centric Warfare (NCW) and the role of Network
Centric Warfare in the strategy of the Department of Defense
for military transformation. The Secretary of Defense shall
prepare the report in consultation with the Chairman of the
Joint Chiefs of Staff.
(b) Content of Report.--The report shall include the
following:
(1) A definition of Network Centric Warfare.
(2) A discussion of the theory, nature, and principles of
Network Centric Warfare and how they relate to the revolution
in military affairs.
(3) A discussion of the conceptual, doctrinal, and
operational concepts related to Network Centric Warfare.
(4) A discussion of how the concept of Network Centric
Warfare is related to the strategy of the Department of
Defense for military transformation as outlined in the
document entitled ``Joint Vision 2010'' and other key
strategy documents.
(5) The current and planned acquisition programs of the
Department of Defense that relate to Network Centric Warfare
and the extent to which those programs are interoperable with
each other.
(6) The experimentation activities inside the joint
experimentation program and the service experimentation
programs, if any, which are designed to explore and evaluate
the emerging concepts of Network Centric Warfare.

SEC. 908. DEFENSE INSTITUTE FOR HEMISPHERIC SECURITY
COOPERATION.

(a) Authority for Institute.--(1) Chapter 108 of title 10,
United States Code, is amended by adding at the end the
following new section:

``Sec. 2166. Defense Institute for Hemispheric Security
Cooperation

``(a) Authority.--The Secretary of Defense may operate an
education and training facility known as the `Defense
Institute for Hemispheric Security Cooperation'. The
Secretary of Defense may designate the Secretary of the Army
as the Department of Defense executive agent for carrying out
the responsibilities of the Secretary of Defense under this
section.
``(b) Purpose.--(1) The Institute shall be operated for the
purpose of providing education and training to military, law
enforcement, and civilian personnel of nations of the Western
Hemisphere in defense and security matters.
``(2) For purposes of paragraph (1), defense and security
matters include--
``(A) professional military education;
``(B) leadership development;
``(C) counter-drug operations;
``(D) peace support operations; and
``(E) disaster relief.
``(c) Curriculum.--The education and training programs
provided by the Institute shall include (for each person
attending the Institute under subsection (b)) instruction
totaling not less than eight hours relating to each of the
following subjects:
``(1) Human rights.
``(2) The rule of law.
``(3) Due process.
``(4) Civilian control of the military.
``(5) The role of the military in a democratic society.
``(d) Board of Visitors.--(1) There is a Board of Visitors
for the Institute. The Board shall be composed of members
appointed by the Secretary of Defense (or the Secretary of
the Army as the Secretary's designee). In selecting members
of the Board, the Secretary shall consider recommendations
by--
``(A) the Speaker and the minority leader of the House of
Representatives;
``(B) the majority leader and the minority leader of the
Senate;
``(C) the Secretary of State;
``(D) the commander of the unified command with geographic
responsibility for Latin America; and
``(E) representatives from academic institutions, religious
institutions, and human rights organizations.
``(2) Members shall serve for two years and shall meet at
least annually.
``(3)(A) The Board shall inquire into--
``(i) the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Institute that the Board decides to consider; and
``(ii) any other matters relating to the Institute that the
Secretary considers appropriate.
``(B) The Board shall review the curriculum of the
Institute to ensure that the curriculum--
``(i) complies with applicable United States law and
regulations;
``(ii) is consistent with United States policy goals toward
Latin America and the Caribbean; and
``(iii) adheres to current United States doctrine.
``(4)(A) Not later than 60 days after its annual meeting,
the Board shall submit to the Secretary a written report of
its action and of its views and recommendations pertaining to
the Institute.
``(B) Within 30 days of receipt of the Board's report for
any year, the Secretary shall transmit the report, with the
Secretary's comments, to Congress.
``(5) While performing duties as a member of or adviser to
the Board, each member of the Board and each adviser shall be
reimbursed for travel expenses under Government travel
regulations. Board members shall not be compensated by reason
of service on the Board.
``(e) Source of Funds.--The fixed costs of operating and
maintaining the Institute may be paid from funds available
for operation and maintenance.
``(f) Tuition.--Tuition fees charged for persons who attend
the Institute may not include the fixed costs of operating
and maintaining the Institute.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:

``2166. Defense Institute for Hemispheric Security Cooperation.''.
(b) Transition From United States Army School of the
Americas.--(1) The Secretary of Defense shall take such steps
as necessary to ensure that the Secretary of the Army
provides for the transition of the United States Army School
of the Americas located at Fort Benning, Georgia, into the
Defense Institute for Hemispheric Security Cooperation
established pursuant to section 2166 of title 10, United
States Code, as added by subsection (a).
(2)(A) Section 4415 of title 10, United States Code, is
repealed.
(B) The table of sections at the beginning of chapter 407
of such title is amended by striking the item relating to
section 4415.

SEC. 909. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY
STUDIES.

(a) In General.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:

``Sec. 184. Regional Centers for Security Studies

``(a) In General.--(1) Subject to paragraph (2), the
Secretary of Defense may operate in the Department of Defense
regional centers for security studies, each of which is
established for a specified geographic region of the world.
Any such regional center shall serve as a forum for bilateral
and multilateral communication and military and civilian
exchanges with nations in the region for which the center is
established. A regional center may, as the Secretary
considers appropriate, use professional military education,
civilian defense education, and related academic and other
activities to pursue such communication and exchanges.
``(2) After the date of the enactment of this section, a
regional center for security studies as described in
paragraph (1) may not be established in the Department of
Defense until at least 90 days after the date on which the
Secretary of Defense submits to Congress a notification of
the intent of the Secretary to establish the center. The
notification shall contain a description of the mission and
functions of the proposed center and a justification for the
proposed center.
``(b) Employment and Compensation of Faculty.--Section 1595
of this title provides authority for the Secretary of Defense
to employ certain civilian personnel at certain Department of
Defense regional center for security studies without regard
to certain provisions of title 5.
``(c) Acceptance of Foreign Gifts and Donations.--Section
2611 of this title provides authority for the Secretary of
Defense to accept foreign gifts and donations in order to
defray the costs of, or enhance the operations of, certain
Department of Defense regional centers for security studies.
``(d) Annual Report to Congressional Committees.--The
Secretary shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives an annual report on the status,
objectives, and operations of the Department of Defense
regional centers for security studies. Each such report shall
include information on international participation in the
programs of the centers and on foreign gifts and donations
accepted under section 2611 of this title.
``(e) Provisions Relating Specifically to Marshall
Center.--(1) The Secretary of Defense may waive reimbursement
of the costs of conferences, seminars, courses of
instruction, or similar educational activities of the George
C. Marshall European Center for Security Studies for military
officers and civilian officials of cooperation partner states
of the North Atlantic Cooperation Council or the Partnership
for Peace if the Secretary determines that attendance by such
personnel without reimbursement is in the national security
interest of the United States. Costs for which reimbursement
is waived pursuant to this paragraph shall be paid from
appropriations available for the Center.
``(2)(A) Notwithstanding any other provision of law, the
Secretary of Defense may authorize participation by a
European or Eurasian nation in Marshall Center programs if
the Secretary determines, after consultation with the
Secretary of State, that such participation is in the
national interest of the United States.
``(B) Not later than January 31 of each year, the Secretary
shall submit to Congress a report setting forth the names of
the foreign nations permitted to participate in programs of
the Marshall Center during the preceding year under paragraph
(1). Each such report shall be prepared by the Secretary with
the assistance of the Director of the Marshall Center.''.
(b) Acceptance of Foreign Gifts and Donations.--(1)
Subsection (a) of section 2611 of such title is amended to
read as follows:
``(a) Authority To Accept Foreign Gifts and Donations.--(1)
Subject to subsection (b), the Secretary of Defense may
accept foreign gifts or donations in order to defray the
costs of, or enhance the operation of, one of the specified
defense regional centers for security studies.

[[Page H3235]]

``(2) For purposes of this section, a specified defense
regional center for security studies is any of the following:
``(A) The Asia-Pacific Center for Security Studies.
``(B) The George C. Marshall European Center for Security
Studies.''.
(2) Subsection (d) of such section is amended--
(A) in the first sentence, by striking ``the Asia-Pacific
Center'' and inserting ``the regional center intended to
benefit from the gift or donation of such funds''; and
(B) in the second sentence, by striking ``the Asia-Pacific
Center'' and inserting ``such regional center''.
(3) Subsection (e) of such section is amended by inserting
``with respect to a defense regional center for security
studies'' after ``in any fiscal year''.
(c) Repeal of Codified Provisions Relating to the Marshall
Center.--(1) Section 1306 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
108 Stat. 2892) is repealed.
(2) Section 1065 of the National Defense Authorization Act
for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2653) is
amended--
(A) by striking subsections (a) and (b) and inserting the
following:
``(a) Definition.--In this section, the term `Marshall
Center Board of Visitors' means the Board of Visitors of the
George C. Marshall European Center for Security Studies'';
and
(B) by redesignating subsection (c) as subsection (b).
(d) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 7 of such title is amended by adding at
the end the following new item:

``184. Regional Centers for Security Studies.''.
(2)(A) The heading of section 2611 of such title is amended
to read as follows:

``Sec. 2611. Regional centers for security studies:
acceptance of foreign gifts and donations''.

(B) The item relating to section 2611 in the table of
sections at the beginning of chapter 155 of such title is
amended to read as follows: .

``2611. Regional centers for security studies: acceptance of foreign
gifts and donations.''.

SEC. 910. CHANGE IN NAME OF ARMED FORCES STAFF COLLEGE TO
JOINT FORCES STAFF COLLEGE.

(a) Change in Name.--The Armed Forces Staff College of the
Department of Defense is hereby renamed the ``Joint Forces
Staff College''.
(b) Conforming Amendment.--Section 2165(b)(3) of title 10,
United States Code, is amended by striking ``Armed Forces
Staff College'' and inserting ``Joint Forces Staff College''.
(c) References.--Any reference to the Armed Forces Staff
College in any law, regulation, map, document, record, or
other paper of the United States shall be considered to be a
reference to the Joint Forces Staff College.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) Authority To Transfer Authorizations.--(1) Upon
determination by the Secretary of Defense that such action is
necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the
Department of Defense in this division for fiscal year 2001
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) The total amount of authorizations that the Secretary
may transfer under the authority of this section may not
exceed $2,000,000,000.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) Status of Classified Annex.--The Classified Annex
prepared by the Committee on Armed Services of the House of
Representatives to accompany its report on the bill H.R. 4205
of the One Hundred Sixth Congress and transmitted to the
President is hereby incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to
amounts authorized to be appropriated by other provisions of
this Act.
(c) Limitation on Use of Funds.--Funds appropriated
pursuant to an authorization contained in this Act that are
made available for a program, project, or activity referred
to in the Classified Annex may only be expended for such
program, project, or activity in accordance with such terms,
conditions, limitations, restrictions, and requirements as
are set out for that program, project, or activity in the
Classified Annex.
(d) Distribution of Classified Annex.--The President shall
provide for appropriate distribution of the Classified Annex,
or of appropriate portions of the annex, within the executive
branch of the Government.

SEC. 1003. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL
APPROPRIATIONS FOR FISCAL YEAR 2000.

(a) Adjustment of Fiscal Year 2000 Authorizations To
Reflect Supplemental Appropriations.--Subject to subsections
(b) and (c), amounts authorized to be appropriated to the
Department of Defense for fiscal year 2000 in the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations
pursuant to such authorization were increased (by a
supplemental appropriation) or decreased (by a rescission),
or both, in the 2000 Emergency Supplemental Appropriations
Act.
(b) Limitation.--(1) In the case of a pending defense
contingent emergency supplemental appropriation, an
adjustment may be made under subsection (a) in the amount of
an authorization of appropriations by reason of that
supplemental appropriation only if, and to the extent that,
the President transmits to Congress an official amended
budget request for that appropriation that designates the
entire amount requested as an emergency requirement for the
specific purpose identified in the 2000 Emergency
Supplemental Appropriations Act as the purpose for which the
supplemental appropriation was made.
(2) For purposes of this subsection, the term ``pending
defense contingent emergency supplemental appropriation''
means a contingent emergency supplemental appropriation for
the Department of Defense contained in the 2000 Emergency
Supplemental Appropriations Act for which an official budget
request that includes designation of the entire amount of the
request as an emergency requirement has not been transmitted
to Congress as of the date of the enactment of this Act.
(3) For purposes of this subsection, the term ``contingent
emergency supplemental appropriation'' means a supplemental
appropriation that--
(A) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985; and
(B) by law is available only to the extent that the
President transmits to the Congress an official budget
request for that appropriation that includes designation of
the entire amount of the request as an emergency requirement.
(c) Exception.--No adjustment may be made under subsection
(a) by reason of any appropriation under the provisions
contained in sections 2207 through 2211 of the 2000 Emergency
Supplemental Appropriations Act, as passed the House of
Representatives on March 30, 2000.

SEC. 1004. CONTINGENT REPEAL OF CERTAIN PROVISIONS SHIFTING
CERTAIN OUTLAYS FROM ONE FISCAL YEAR TO
ANOTHER.

(a) Contingent Repeal.--Subject to subsection (b)--
(1) sections 305 and 306 of H.R. 3425 of the 106th
Congress, as enacted into law by section 1000(a)(5) of Public
Law 106-113, are repealed;
(2) section 1001(a) of Public Law 106-113 is amended,
effective immediately after the enactment of such Public Law,
by striking ``paragraph 4 of subsection 1000(a)'' and
inserting ``paragraph (5) of section 1000(a), and the
provisions of titles V, VI, and VII of the legislation
enacted in this division by reference in such paragraph
(5),''; and
(3) sections 8175 and 8176 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79), as amended by
sections 214 and 215, respectively, of H.R. 3425 of the 106th
Congress (113 Stat. 1501A-297), as enacted into law by
section 1000(a)(5) of Public Law 106-113, are repealed.
(b) Contingency.--The provisions of subsection (a) shall be
effective only to the extent provided in an appropriations
Act that is enacted after this Act.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO
PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2001.

(a) Limitation.--Of the amounts authorized to be
appropriated by section 301(24) for the Overseas Contingency
Operations Transfer Fund--
(1) no more than $1,387,800,000 may be obligated for
incremental costs of the Armed Forces for Bosnia peacekeeping
operations; and
(2) no more than $1,650,400,000 may be obligated for
incremental costs of the Armed Forces for Kosovo peacekeeping
operations.
(a) Presidential Waiver.--The President may waive the
limitation in subsection (a)(1), or the limitation in
subsection (a)(2), after submitting to Congress the
following:
(1) The President's written certification that the waiver
is necessary in the national security interests of the United
States.
(2) The President's written certification that exercising
the waiver will not adversely affect the readiness of United
States military forces.
(3) A report setting forth the following:
(A) The reasons that the waiver is necessary in the
national security interests of the United States.
(B) The specific reasons that additional funding is
required for the continued presence of United States military
forces participating in, or supporting, Bosnia peacekeeping
operations, or Kosovo peacekeeping operations, as the case
may be, for fiscal year 2001.
(C) A discussion of the impact on the military readiness of
United States Armed Forces of the continuing deployment of
United States military forces participating in, or
supporting, Bosnia peacekeeping operations, or Kosovo
peacekeeping operations, as the case may be.
(4) A supplemental appropriations request for the
Department of Defense for such amounts as are necessary for
the additional fiscal year 2001 costs associated with United
States military

[[Page H3236]]

forces participating in, or supporting, Bosnia or Kosovo
peacekeeping operations peacekeeping operations.
(c) Peacekeeping Operations Defined.--For the purposes of
this section:
(1) The term ``Bosnia peacekeeping operations'' has the
meaning given such term in section 1004(e) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2112).
(2) The term ``Kosovo peacekeeping operations''--
(A) means the operation designated as Operation Joint
Guardian and any other operation involving the participation
of any of the Armed Forces in peacekeeping or peace
enforcement activities in and around Kosovo; and
(B) includes, with respect to Operation Joint Guardian or
any such other operation, each activity that is directly
related to the support of the operation.

Subtitle B--Naval Vessels and Shipyards

SEC. 1011. NATIONAL DEFENSE FEATURES PROGRAM.

Section 2218(k) of title 10, United States Code, is
amended--
(1) in paragraph (1), by adding at the end the following
new sentence: ``As consideration for a contract with the
Secretary of Defense or the Secretary of a military
department under this subsection, the company entering into
the contract shall agree with the Secretary to make any
vessel covered by the contract available to the Secretary,
fully crewed and ready for sea, at any time at any port
determined by the Secretary, and for whatever duration the
Secretary determines necessary.''; and
(2) by adding at the end of paragraph (2) the following new
subparagraph:
``(E) Payments of such sums as the Government would
otherwise expend, if the vessel were placed in the Ready
Reserve Fleet, for maintaining the vessel in the status
designated as `ROS-4 status' in the Ready Reserve Fleet for
25 years.''.

Subtitle C--Counter-Drug Activities

SEC. 1021. REPORT ON DEPARTMENT OF DEFENSE EXPENDITURES TO
SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.

Not later than January 1, 2001, the Secretary of Defense
shall submit to the congressional defense committees a report
detailing the expenditure of funds by the Secretary during
fiscal year 2000 in direct or indirect support of the
counter-drug activities of foreign governments. The report
shall include the following for each foreign government:
(1) The total amount of assistance provided to, or expended
on behalf of, the foreign government.
(2) A description of the types of counter-drug activities
conducted using the assistance.
(3) An explanation of the legal authority under which the
assistance was provided.

SEC. 1022. REPORT ON TETHERED AEROSTAT RADAR SYSTEM.

(a) Report Required.--Not later than May 1, 2001, The
Secretary of Defense shall submit to Congress a report on the
status of the Tethered Aerostat Radar System used to conduct
counter-drug detection and monitoring and border security and
air sovereignty operations. The report shall include the
following:
(1) The status and operational availability of each of the
existing sites of the Tethered Aerostat Radar System.
(2) A discussion of any plans to close, during the next 5
years, currently operational sites, including a review of the
justification for each proposed closure.
(3) A review of the requirements of other agencies,
especially the United States Customs Service, for data
derived from the Tethered Aerostat Radar System.
(4) An assessment of the value of the Tethered Aerostat
Radar System in the conduct of counter-drug detection and
monitoring and border security and air sovereignty
operations.
(5) The costs associated with the planned standardization
of the Tethered Aerostat Radar System and the Secretary's
analysis of that standardization.
(b) Consultation.--The Secretary of Defense shall prepare
the report in consultation with the Commissioner of Customs.

Subtitle D--Other Matters

SEC. 1031. FUNDS FOR ADMINISTRATIVE EXPENSES UNDER DEFENSE
EXPORT LOAN GUARANTEE PROGRAM.

(a) Authority To Use Operation and Maintenance Funds on an
Interim Basis.--Section 2540c(d) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' after ``Fees.--''; and
(2) by adding at the end the following new paragraph:
``(2)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available (or
are not anticipated to be available) in a sufficient amount
for administrative expenses of the Department of Defense for
that fiscal year that are directly attributable to the
administration of the program under this subchapter, the
Secretary may use amounts currently available for operations
and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
``(B) The Secretary shall, from funds in the special
account established under paragraph (1), replenish operations
and maintenance accounts for amounts expended under
subparagraph (A) as soon as the Secretary determines
practicable.''.
(b) Effective Date.--Paragraph (2) of section 2540c(d) of
title 10, United States Code, as added by subsection (a),
shall take effect on October 1, 2000.

SEC. 1032. TECHNICAL AND CLERICAL AMENDMENTS.

(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 628(c)(2) is amended by striking ``section'' in
the second sentence after ``the provisions of'' and inserting
``sections''.
(2) Section 702(b)(2) is amended by striking ``section
230(c)'' and inserting ``section 203(c)''.
(3) Section 706(c) is amended--
(A) by striking ``(1)'' after ``(c)''; and
(B) by striking paragraph (2).
(4) Section 1074g is amended--
(A) in subsection (a)(6), by striking ``as part of the
regulations established'' and inserting ``in the regulations
prescribed'';
(B) in subsection (a)(7), by striking ``not included on the
uniform formulary, but,'' and inserting ``that are not
included on the uniform formulary but that are'';
(C) in subsection (b)(1), by striking ``required by'' in
the last sentence and inserting ``prescribed under'';
(D) in subsection (d)(2), by striking ``Not later than''
and all that follows through ``utilize'' and inserting
``Effective not later than April 5, 2000, the Secretary shall
use'';
(E) in subsection (e)--
(i) by striking ``Not later than April 1, 2000, the'' and
inserting ``The''; and
(ii) by inserting ``in'' before ``the TRICARE'' and before
``the national'';
(F) in subsection (f)--
(i) by striking ``As used in this section--'' and inserting
``In this section:'';
(ii) by striking ``the'' at the beginning of paragraphs (1)
and (2) and inserting ``The''; and
(iii) by striking ``; and'' at the end of paragraph (1) and
inserting a period; and
(G) in subsection (g), by striking ``promulgate'' and
inserting ``prescribe''.
(5) Section 1109(b) is amended by striking ``(1)'' before
``The Secretaries''.
(6) Section 1448(b)(3)(E)(ii) is amended by striking the
second comma after ``October 16, 1998''.
(7) Section 2401(b)(1)(B) is amended by striking
``Committees on Appropriations'' and inserting ``Committee on
Appropriations''.
(8) Section 5143(c)(2) is amended by striking ``has a
grade'' and inserting ``has the grade of''.
(9) Section 5144(c)(2) is amended by striking ``has a
grade'' and inserting ``has the grade of''.
(10) Section 10218 is amended--
(A) in subsections (a)(1), (b)(1), (b)(2)(A), and
(b)(2)(B)(ii), by striking ``the date of the enactment of
this section'' each place it appears and inserting ``October
5, 1999,'';
(B) in subsections (a)(3)(B)(i) and (b)(2)(B)(i), by
striking ``the end of the one-year period beginning on the
date of the enactment of this subsection'' and inserting
``October 5, 2000'';
(C) in subsection (b)(1), by striking ``six months after
the date of the enactment of this section'' and inserting
``April 5, 2000''; and
(D) in subsection (b)(3), by striking ``within six months
of the date of the enactment of this section'' and inserting
``during the period beginning on October 5, 1999, and ending
on April 5, 2000,''.
(11) Section 12552 is amended by inserting a period at the
end.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 301b(j)(2) is amended by striking ``section
301a(a)(6)(A)'' and inserting ``section 301a(a)(6)(B)''.
(2) Section 404(b)(2) is amended by striking ``section
402(e)'' and inserting ``section 403(f)(3)''.
(3) The table of sections at the beginning of chapter 7 is
amended by inserting after the item relating to section 434
the following new item:

``435. Funeral honors duty: allowance.''.
(4) The section 435 added by section 586(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 638) is redesignated as section 436, and
the item relating to that section in the table of sections at
the beginning of chapter 7 is revised to conform to such
redesignation.
(5) Section 1012 is amended by striking ``section
402(b)(3)'' and inserting ``section 402(e)''.
(c) Public Law 106-65.--Effective as of October 5, 1999,
and as if included therein as enacted, section 601(c) of the
National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 645) is amended--
(1) in the first table, relating to commissioned officers,
by striking ``$12,441.00'' in footnote 2 and inserting
``$12,488.70''; and
(2) in the fourth table, relating to enlisted members, by
striking ``$4,701.00'' in footnote 2 and inserting
``$4,719.00''.
(d) Public Law 105-261.--Effective as of October 17, 1998,
and as if included therein as enacted, the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 1920 et seq.) is amended as
follows:
(1) Section 503(b)(1) (112 Stat. 2003) is amended by
inserting ``its'' after ``record of'' in the first quoted
matter therein.
(2) Section 645(b) (112 Stat. 2050) is amended by striking
``a member'' and inserting ``member'' in the quoted matter
therein.
(3) Section 701 (112 Stat. 2056) is amended--
(A) in subsection (a), by inserting ``(1)'' before
``Section 1076a(b)(2)''; and
(B) in subsection (b), by inserting ``of such title'' after
``1076a''.
(4) Section 802(b) (112 Stat. 2081) is amended by striking
``Administrative'' in the first quoted matter therein and
inserting ``Administration''.
(5) Section 1101(e)(2)(C) (112 Stat. 2140; 5 U.S.C. 3104
note) is amended by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(2)''.
(e) Public Law 105-85.--The National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105-85) is amended as
follows:
(1) Section 602(d)(1)(A) (111 Stat. 1773; 37 U.S.C. 402
note) is amended by striking ``of'' the first place it
appears in the matter preceding clause (ii).

[[Page H3237]]

(2) Section 1221(a)(3) (22 U.S.C. 1928 note), as amended by
section 1233(a)(2)(A) of Public Law 105-261 (112 Stat. 2156),
is amended by striking the second close parenthesis after
``relief efforts''.
(f) Other Laws.--
(1) Section 834(e) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (15 U.S.C. 637 note) is
amended by striking the second period after ``2000''.
(2) Section 2905(b)(4) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended by transferring
subparagraph (G) so as to appear immediately before
subparagraph (H), as added by section 2821(a) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 853).
(3) Section 686(b) of title 14, United States Code, is
amended--
(A) in paragraph (1), by striking ``section 403(b)'' and
inserting ``section 403(e)''; and
(B) in paragraph (2), by striking ``a basic allowance for
quarters under section 403 of title 37, and, if in a high
housing cost area, a variable housing allowance under section
403a of that title'' and inserting ``a basic allowance for
housing under section 403 of title 37''.
(4) Section 405(f)(6)(B) of the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1999 (as contained in section
101(f) of division A of Public Law 105-277; 112 Stat. 2681-
430), is amended by striking ``Act of title'' in the first
quoted matter therein and inserting ``Act or title''.
(5) Section 1403(c)(6) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 922(c)(6)) is amended by striking
``the'' before ``Assistant Secretary of Defense''.
(6) Effective as of October 5, 1999, section 224 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2274(b)) is amended by
striking ``$500,000'' and inserting ``$50,000''.

SEC. 1033. TRANSFER OF VIETNAM ERA TA-4 AIRCRAFT TO NONPROFIT
FOUNDATION.

(a) Authority to Convey.--The Secretary of the Navy may
convey, without consideration, to the nonprofit Collings
Foundation of Stow, Massachusetts (in this section referred
to as the ``foundation''), all right, title, and interest of
the United States in and to one surplus TA-4 aircraft that is
flyable or that can be readily restored to flyable condition.
The conveyance shall be made by means of a conditional deed
of gift.
(b) Condition of Aircraft.--The Secretary may not convey
ownership of an aircraft under subsection (a) until the
Secretary determines that the foundation has altered the
aircraft in such manner as the Secretary determines necessary
to ensure that the aircraft does not have any capability for
use as a platform for launching or releasing munitions or any
other combat capability that it was designed to have. The
Secretary is not required to repair or alter the condition of
the aircraft before conveying ownership of the aircraft.
(c) Reverter Upon Breach of Conditions.--The Secretary
shall include in the instrument of conveyance of the
aircraft--
(1) a condition that the foundation not convey any
ownership interest in, or transfer possession of, the
aircraft to any other party without the prior approval of the
Secretary;
(2) a condition that the foundation operate and maintain
the aircraft in compliance with all applicable limitations
and maintenance requirements imposed by the Administrator of
the Federal Aviation Administration; and
(3) a condition that if the Secretary determines at any
time that the foundation has conveyed an ownership interest
in, or transferred possession of, the aircraft to any other
party without the prior approval of the Secretary, or has
failed to comply with the condition set forth in paragraph
(2), all right, title, and interest in and to the aircraft,
including any repair or alteration of the aircraft, shall
revert to the United States, and the United States shall have
the right of immediate possession of the aircraft.
(d) Conveyance at No Cost to the United States.--The
conveyance of the aircraft under subsection (a) shall be made
at no cost to the United States. Any costs associated with
the conveyance, costs of determining compliance with
subsection (b), and costs of operation and maintenance of the
aircraft conveyed shall be borne by the foundation.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
(f ) Clarification of Liability.--Notwithstanding any other
provision of law, upon the conveyance of ownership of a TA-4
aircraft to the foundation under subsection (a), the United
States shall not be liable for any death, injury, loss, or
damage that results from any use of that aircraft by any
person other than the United States.

SEC. 1034. TRANSFER OF 19TH CENTURY CANNON TO MUSEUM.

(a) Donation Required.--The Secretary of the Army shall
convey, without consideration, to the Cannonball House Museum
located in Macon, Georgia (in this section referred to as the
``recipient''), all right, title, and interest of the United
States in and to a 12-pounder Napoleon cannon bearing the
following markings:
(1) On the top ``CS'',
(2) On the face of the muzzle: ``Macon Arsenal, 1864/No.41/
1164 ET''.
(3) On the right trunnion: ``Macon Arsenal GEO/1864/No.41/
WT.1164/E.T.''.
(b) Conditions on Conveyance.--The Secretary shall include
in the instrument of conveyance of the cannon under
subsection (a)--
(1) a condition that the recipient not convey any ownership
interest in, or transfer possession of, the cannon to any
other party without the prior approval of the Secretary; and
(2) a condition that if the Secretary determines at any
time that the recipient has conveyed an ownership interest
in, or transferred possession of, the cannon to any other
party without the prior approval of the Secretary, all right,
title, and interest in and to the cannon shall revert to the
United States, and the United States shall have the right of
immediate possession of the cannon.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(d) Acquisition of Replacement Macon Cannon.--The Secretary
shall seek to acquire, by donation or purchase with funds
made available for this purpose, one or more cannons
documented as having been manufactured in Macon, Georgia,
during the Civil War in order to replace in the Army's
inventory the cannon conveyed under subsection (a).

SEC. 1035. EXPENDITURES FOR DECLASSIFICATION ACTIVITIES.

(a) Identification in Budget Materials of Amounts for
Declassification Activities.--Section 230 of title 10, United
States Code, is amended--
(1) by striking ``, as a budgetary line item''; and
(2) by adding at the end the following new sentence:
``Identification of such amounts in such budget justification
materials shall be in a single display that shows the total
amount for the Department of Defense and the amount for each
military department and Defense Agency.''.
(b) Limitation on Expenditures.--The total amount expended
by the Department of Defense during fiscal year 2001 to carry
out declassification activities under the provisions of
sections 3.4, 3.5, and 3.6 of Executive Order 12958 (50
U.S.C. 435 note) and for special searches (including costs
for document search, copying, and review and imagery
analysis) may not exceed $30,000,000.
(c) Compilation and Organization of Records.--The
Department of Defense may not be required, when conducting a
special search, to compile or organize records that have
already been declassified and placed into the public domain.
(d) Special Searches.--For the purpose of this section, the
term ``special search'' means the response of the Department
of Defense to any of the following:
(1) A statutory requirement to conduct a declassification
review on a specified set of agency records.
(2) An Executive order to conduct a declassification review
on a specified set of agency records.
(3) An order from the President or an official with
delegated authority from the President to conduct a
declassification review on a specified set of agency records.

SEC. 1036. AUTHORITY TO PROVIDE LOAN GUARANTEES TO IMPROVE
DOMESTIC PREPAREDNESS TO COMBAT CYBERTERRORISM.

(a) Authority.--Subject to subsection (b), the Secretary of
Defense may guarantee the repayment of any loan made to a
qualified commercial firm to fund, in whole or in part, any
of the following activities:
(1) The improvement of the protection of the critical
infrastructure of that commercial firm.
(2) The refinancing of improvements previously made to the
protection of the critical infrastructure of that commercial
firm.
(b) Subject to Appropriations of Budget Authority.--Loan
guarantees under this section may not be committed except to
the extent that appropriations of budget authority to cover
their costs are made in advance, as required by section 504
of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c).
(c) Loan Limits.--The maximum amount of loan principal
guaranteed during a fiscal year under this section may not
exceed $10,000,000, with respect to all borrowers.
(d) Qualified Commercial Firms.--For purposes of this
section, a qualified commercial firm is a company or other
business entity (including a consortium of such companies or
other business entities, as determined by the Secretary) that
the Secretary determines--
(1) conducts a significant level of its research,
development, engineering, and manufacturing activities in the
United States;
(2) is a company or other business entity the majority
ownership or control of which is by United States citizens or
is a company or other business of a parent company that is
incorporated in a country the government of which--
(A) encourages the participation of firms so owned or
controlled in research and development consortia to which the
government of that country provides funding directly or
provides funding indirectly through international
organizations or agreements; and
(B) affords adequate and effective protection for the
intellectual property rights of companies incorporated in the
United States;
(3) provides technology products or services critical to
the operations of the Department of Defense; and
(4) meets standards of prevention of cyberterrorism
applicable to the Department of Defense.
(e) Goals and Standards.--The Secretary shall prescribe
regulations setting forth goals for the use of the loan
guarantees provided under this section and standards for
evaluating whether those goals are met by each entity
receiving such loan guarantees.
(f) Fees.--(1) The Secretary shall prescribe regulations to
assess a fee for providing a loan

[[Page H3238]]

guarantee under this section. The amount of such fee shall be
not less than 75 percent of the amount incurred by the
Secretary to provide the loan guarantee. Such fees shall be
credited to a special account in the Treasury. Amounts in the
special account shall be available, to the extent and in
amounts provided in appropriations Acts, for paying the costs
of administrative expenses of the Department of Defense that
are attributable to the loan guarantee program under this
section.
(2)(A) If for any fiscal year amounts in the special
account established under paragraph (1) are not available (or
are not anticipated to be available) in a sufficient amount
for administrative expenses of the Department of Defense for
that fiscal year that are directly attributable to the
administration of the program under this section, the
Secretary may use amounts currently available for operations
and maintenance for Defense-wide activities, not to exceed
$500,000 in any fiscal year, for those expenses.
(B) The Secretary shall, from funds in the special account
established under paragraph (1), replenish operations and
maintenance accounts for amounts expended under subparagraph
(A) as soon as the Secretary determines practicable.
(g) Administration.--(1) The Secretary shall enter into one
or more agreements, each with an appropriate Federal or
private entity, under which such entity shall, under this
section--
(A) process applications for loan guarantees;
(B) guarantee repayment of loans; and
(C) provide any other services to the Secretary to
administer this section.
(2) The cost of such agreements shall be considered, for
purposes of the special account established under subsection
(f)(1), to be costs of administrative expenses of the
Department of Defense that are attributable to the loan
guarantee program under this section.
(h) Reports.--
(1) By recipients.--The Secretary shall require each
recipient of a loan guarantee under this section, as a
condition of receiving that loan guarantee, to submit to the
Secretary a report on the results of the improvements carried
out pursuant to the loan guarantee.
(2) By secretary.--Not later than March 1 of each year in
which a guarantee issued under this section is in effect, the
Secretary shall submit to Congress a report specifying the
amounts of loans guaranteed under this section during the
preceding calendar year. The report shall include an
evaluation of the success of the loan guarantees, an
assessment of the program as it relates to the support of the
Department's Critical Infrastructure Protection Program, and
any other information that the Secretary considers
appropriate.
(i) Definitions.-- In this section:
(1) The term ``critical infrastructure'' means
telecommunications systems, information systems, and
facilities, the loss of which would have a debilitating
effect on the ability of the commercial firm to deliver
technology products or services to the Department of Defense.
(2) The term ``cyberterrorism'' means the commission of any
of the following acts with respect to protected computers (as
defined in section 1030(e)(2) of title 18, United States
Code):
(A) Knowing transmission of a program, information, code,
or command, that as a result of such conduct, intentionally
causes damage without authorization, to a protected computer.
(B) Intentional access of a protected computer without
authorization, that as a result of such conduct, recklessly
causes damage.
(C) Intentional access of a protected computer without
authorization, that as a result of such conduct, causes
damage.
(j) Authorization of Appropriations.--Of the amount
authorized to be appropriated for Defense-wide activities by
section 201(4), $500,000 shall be available only for the
purpose of providing loan guarantees under this section.

SEC. 1037. V-22 COCKPIT AIRCRAFT VOICE AND FLIGHT DATA
RECORDERS.

The Secretary of Defense shall require that all
V-22 Osprey aircraft be equipped with a state-of-the-art
cockpit voice recorder and a state-of-the-art flight data
recorder each of which meets, at a minimum, the standards for
such devices recommended by the National Transportation
Safety Board.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

SEC. 1101. EMPLOYMENT AND COMPENSATION PROVISIONS FOR
EMPLOYEES OF TEMPORARY ORGANIZATIONS
ESTABLISHED BY LAW OR EXECUTIVE ORDER.

(a) In General.--Chapter 31 of title 5, United States Code,
is amended by adding at the end the following new subchapter:

``SUBCHAPTER IV--EMPLOYMENT AND COMPENSATION FOR EMPLOYEES OF TEMPORARY
ORGANIZATIONS IN THE EXECUTIVE BRANCH ESTABLISHED BY LAW OR EXECUTIVE
ORDER

``Sec. 3161. Temporary organizations established by law or
Executive order

``(a) Definition of Temporary Organization.--For the
purposes of this subchapter, the term `temporary
organization' means an organization such as a commission,
committee, or board that is established by law in the
legislative or executive branches, or by Executive order in
the executive branch, for a specific period, which shall not
exceed 5 years, for the purpose of performing specific
projects or studies.
``(b) Hiring Authority.--Notwithstanding the provisions of
chapter 51, the head of a temporary organization may employ
such numbers and types of employees as required to perform
the functions required of the temporary organization.
Employees may be appointed for a period of 5 years or the
life of the temporary organization, whichever is less.
``(c) Status of Positions and Appointments.--Positions of
employment in a temporary organization are excepted from the
competitive service.
``(d) Compensation.--(1) The basic pay of an employee of a
temporary organization may be set without regard to the
provisions of chapter 51 or subchapter III of chapter 53,
except that--
``(A) basic pay for an executive level position (such as a
chairperson, member, or executive or staff director), and, in
exceptional cases, for senior staff shall be capped at the
maximum rate of basic pay established for the Senior
Executive Service under subchapter VIII of chapter 53; and
``(B) basic pay for other staff may not exceed the maximum
rate of basic pay for GS-15 of the General Schedule.
``(2) An employee whose rate of basic pay is set under
paragraph (1) shall be entitled to locality-based
comparability payments, as provided under section 5304.
``(e) Travel Expenses.--An employee of a temporary
organization, whether employed on a full-time or part-time
basis, may be entitled to travel and transportation
allowances, including per diem allowances, authorized for
employees under subchapter I of chapter 57, while traveling
away from the regular place of business of the employee in
the performance of services for the temporary organization.
``(f) Return Rights.--An employee serving under a career or
career-conditional appointment, or the equivalent, who
transfers to or converts to an appointment in a temporary
organization with the consent of the head of the agency (or
the designee of the agency head) in which the employee was
serving is entitled to be returned to a position of like
seniority, status, and pay (without grade or pay retention)
as the former position in the agency from which employed
immediately preceding employment with the temporary
organization if--
``(1) the employee is being separated from the temporary
organization for reasons other than misconduct, neglect of
duty, or malfeasance; and
``(2) the employee applies for return rights not later than
30 days before the end of the employment in the temporary
organization, or the termination of the temporary
organization, whichever is earlier.
``(g) Procurement of Temporary and Intermittent Services.--
The head of the temporary organization may procure temporary
and intermittent services under section 3109(b).
``(h) Acceptance of Volunteer Services.--(1) The head of a
temporary organization may accept volunteer services relating
to the duties of the temporary organization without regard to
section 1342 of title 31, including service as advisers,
experts, members, or in other capacities determined
appropriate by the head of the temporary organization. The
head of the temporary organization--
``(A) shall assure that all persons accepted as volunteers
are notified of the scope of the voluntary services accepted;
``(B) shall supervise volunteers to the same extent as
employees receiving compensation for similar services; and
``(C) shall ensure that volunteers have appropriate
credentials or are otherwise qualified to perform in the
capacities for which they are accepted.
``(2) A person providing volunteer services under this
subsection shall be considered an employee of the Federal
Government for the purposes of chapters 73 and 81, chapter
171 of title 28, chapter 11 of title 18, and part 2635 of
title 5 of the Code of Federal regulations.
``(i) Detailees.--Upon request of the head of the temporary
organization, the head of any department or agency of the
United States may detail, on a nonreimbursable basis, any
personnel of the department or agency to the temporary
organization to assist in carrying out its duties.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
items relating to subchapter III the following:

``SUBCHAPTER IV--EMPLOYMENT AND COMPENSATION FOR EMPLOYEES OF TEMPORARY
ORGANIZATIONS ESTABLISHED BY LAW OR EXECUTIVE ORDER

``3161. Temporary organizations established by law or
Executive order.''.

SEC. 1102. RESTRUCTURING THE RESTRICTION ON DEGREE TRAINING.

Section 4107 of title 5, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)'';
(2) in subsection (b)(1), by striking ``subsection (a)''
and inserting ``subsections (a) or (c)''; and
(3) by adding at the end the following new subsection:
``(c) With respect to an employee of the Department of
Defense--
``(1) this chapter does not authorize, except as provided
in subsection (b) of this section, the selection and
assignment of the employee for training, or the payment or
reimbursement of the costs of training, for--
``(A) the purpose of providing an opportunity to the
employee to obtain an academic degree in order to qualify for
appointment to a particular position for which the academic
degree is a basic requirement; or
``(B) the sole purpose of providing an opportunity to the
employee to obtain one or more academic degrees, unless such
opportunity is part of a planned, systematic, and coordinated
program of professional development endorsed by the
Department of Defense; and
``(2) any course of post-secondary education delivered
through classroom, electronic, or other means shall be
administered or conducted by an institution recognized under
standards implemented by a national or regional accrediting

[[Page H3239]]

body, except in a case in which such standards do not exist
or would not be appropriate.''.

SEC. 1103. CONTINUATION OF TUITION REIMBURSEMENT AND TRAINING
FOR CERTAIN ACQUISITION PERSONNEL.

Section 1745(a)(2) of title 10, United States Code, is
amended by striking ``September 30, 2001'' and inserting
``September 30, 2005''.

SEC. 1104. EXTENSION OF AUTHORITY FOR CIVILIAN EMPLOYEES OF
THE DEPARTMENT OF DEFENSE TO PARTICIPATE
VOLUNTARILY IN REDUCTIONS IN FORCE.

Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2001'' and inserting
``September 30, 2005''.

SEC. 1105. EXPANSION OF DEFENSE CIVILIAN INTELLIGENCE
PERSONNEL SYSTEM POSITIONS.

(a) Authority for Senior DOD Intelligence Positions
Throughout Department of Defense.--Section 1601(a)(1) of
title 10, United States Code, is amended--
(1) by striking ``in the intelligence components of the
Department of Defense and the military departments'' and
inserting ``in the Department of Defense''; and
(2) by striking ``of those components and departments'' and
inserting ``of the Department''.
(b) Conforming Amendment for Persons Eligible for
Postemployment Assistance.--Section 1611 of such title is
amended--
(1) in subsection (a)(1), by striking ``intelligence
component of the Department of Defense'' and inserting
``defense intelligence position'';
(2) in subsection (b)--
(A) by striking ``sensitive position in an intelligence
component of the Department of Defense'' in the matter
preceding paragraph (1) and inserting ``sensitive defense
intelligence position''; and
(B) by striking ``with the intelligence component'' in
paragraphs (1) and (2) and inserting ``in a defense
intelligence position'';
(3) in subsection (d), by striking ``an intelligence
component of the Department of Defense'' and inserting ``in a
defense intelligence position''; and
(4) by striking subsection (f).
(c) Conforming Amendment for Definition of Defense
Intelligence Position.--Section 1614(1) of such title is
amended by striking ``of an intelligence component of the
Department of Defense or of a military department'' and
inserting ``of the Department of Defense''.

SEC. 1106. PILOT PROGRAM FOR REENGINEERING THE EQUAL
EMPLOYMENT OPPORTUNITY COMPLAINT PROCESS.

(a) Pilot Program.--(1) The Secretary of the Navy may carry
out a pilot program to improve processes for the resolution
of equal employment opportunity complaints by civilian
employees of the Department of the Navy. 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 29 CFR part 1614
or other regulations or directives of 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 waive any regulatory restrictions
prescribed by the Equal Employment Opportunity Commission in
carrying out the pilot program.
(4) The Secretary may carry out the pilot program for a
period of 5 years, beginning on January 1, 2001.
(5) 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. This paragraph applies to all cases currently
pending before the Equal Employment Opportunity Commission or
hereinafter filed with the Commission.
(b) Report.--Not later than 90 days following the end of
the second and fourth 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 reports 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 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

SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO
INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

(a) Limitation on Amount of Assistance in Fiscal Year
2001--The total amount of the assistance for fiscal year 2001
that is provided by the Secretary of Defense under section
1505 of the Weapons of Mass Destruction Control Act of 1992
(22 U.S.C. 5859a) as activities of the Department of Defense
in support of activities under that Act may not exceed
$15,000,000.
(b) Extension of Authority To Provide Assistance.--
Subsection (f) of section 1505 of the Weapons of Mass
Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended
by striking ``2000'' and inserting ``2001''.

SEC. 1202. ANNUAL REPORT ASSESSING EFFECT OF CONTINUED
OPERATIONS IN THE BALKANS REGION ON READINESS
TO EXECUTE THE NATIONAL MILITARY STRATEGY.

Section 1035 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 113 Stat. 753) is
amended--
(1) in subsection (a), by striking ``Not later than 180
days after the date of the enactment of this Act'' and
inserting ``Not later than April 1 each year'';
(2) in subsection (b), by striking ``The report'' in the
matter preceding paragraph (1) and inserting ``Each report'';
and
(3) in subsection (d), by striking ``the report'' and
inserting ``a report''.

SEC. 1203. SITUATION IN THE BALKANS.

(a) Establishment of NATO Benchmarks for Withdrawal of
Forces From Kosovo.--The President shall develop, not later
than May 31, 2001, militarily significant benchmarks for
conditions that would achieve a sustainable peace in Kosovo
and ultimately allow for the withdrawal of the United States
military presence in Kosovo. Congress urges the President to
seek concurrence among member nations of the North Atlantic
Treaty Organization in the development of those benchmarks.
(b) Comprehensive Political-Military Strategy.--The
President shall develop a comprehensive political-military
strategy for addressing the political, economic,
humanitarian, and military issues in the Balkans and shall
establish near-term, mid-term, and long-term objectives in
the region. In developing such strategy and such objectives,
the President shall take into consideration the benchmarks
relating to Kosovo developed as described in subsection (a)
and the benchmarks relating to Bosnia that were detailed in
the report accompanying the certification by the President to
Congress on March 3, 1998 (printed as House Document 105-
223), with respect to the continued presence of United States
Armed Forces, after June 30, 1998, in Bosnia and Herzegovina,
submitted to Congress pursuant to section 7 of Public Law
105-74. Such strategy and objectives shall be developed in
consultation with appropriate regional and international
entities.
(c) Semiannual Report on Comprehensive Strategy.--Not later
than June 30, 2001, and six months thereafter so long as
United States forces are in the Balkans, the President shall
submit to Congress a report on the progress being made in
developing and implementing a comprehensive political-
military strategy as described in subsection (b).
(d) Semiannual Report on Benchmarks.--Not later than June
30, 2001, and every six months thereafter, the President
shall submit to Congress a report on the progress made in
achieving the conditions established by those benchmarks.

SEC. 1204. LIMITATION ON NUMBER OF MILITARY PERSONNEL IN
COLOMBIA.

(a) Limitation.--None of the funds available to the
Department of Defense may be used to support or maintain more
than 500 members of the Armed Forces on duty in the Republic
of Colombia at any time.
(b) Exceptions.--There shall be excluded from counting for
the purposes of the limitation in subsection (a) the
following:
(1) A member of the Armed Forces in the Republic of
Colombia for the purpose of rescuing or retrieving United
States military or civilian Government personnel, except that
the period for which such a member may be so excluded may not
exceed 30 days unless expressly authorized by law.
(2) A member of the Armed Forces assigned to the United
States Embassy in Colombia as an attache, as a member of the
security assistance office, or as a member of the Marine
Corps security contingent.
(3) A member of the Armed Forces in Colombia to participate
in relief efforts in responding to a natural disaster.
(4) Nonoperational transient military personnel.

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.

(a) Specification of CTR Programs.--For purposes of section
301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section
1501(b) of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
note).
(b) Fiscal Year 2001 Cooperative Threat Reduction Funds
Defined.--As used in this title, the term ``fiscal year 2001
Cooperative Threat Reduction funds'' means the funds
appropriated pursuant to the authorization of appropriations
in section 301 for Cooperative Threat Reduction programs.
(c) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs shall be available for
obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) Funding for Specific Purposes.--Of the $433,400,000
authorized to be appropriated to the Department of Defense
for fiscal year 2001 in section 301(23) for Cooperative
Threat Reduction programs, not more than the following
amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$162,800,000.
(2) For strategic nuclear arms elimination in Ukraine,
$34,100,000.

[[Page H3240]]

(3) For activities to support warhead dismantlement
processing in Russia, $9,300,000.
(4) For weapons transportation security in Russia,
$14,000,000.
(5) For planning, design, and construction of a storage
facility for Russian fissile material, $57,400,000.
(6) For weapons storage security in Russia, $89,700,000.
(7) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $32,100,000.
(8) For biological weapons proliferation prevention
activities in Russia, $12,000,000.
(9) For activities designated as Other Assessments/
Administrative Support, $13,000,000.
(10) For defense and military contacts, $9,000,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2001 Cooperative Threat Reduction
funds may be obligated or expended for a purpose other than a
purpose listed in paragraphs (1) through (10) of subsection
(a) until 30 days after the date that the Secretary of
Defense submits to Congress a report on the purpose for which
the funds will be obligated or expended and the amount of
funds to be obligated or expended. Nothing in the preceding
sentence shall be construed as authorizing the obligation or
expenditure of fiscal year 2001 Cooperative Threat Reduction
funds for a purpose for which the obligation or expenditure
of such funds is specifically prohibited under this title or
any other provision of law.
(c) Limited Authority To Vary Individual Amounts.--(1)
Subject to paragraphs (2) and (3), in any case in which the
Secretary of Defense determines that it is necessary to do so
in the national interest, the Secretary may obligate amounts
appropriated for fiscal year 2001 for a purpose listed in any
of the paragraphs in subsection (a) in excess of the amount
specifically authorized for such purpose.
(2) An obligation of funds for a purpose stated in any of
the paragraphs in subsection (a) in excess of the specific
amount authorized for such purpose may be made using the
authority provided in paragraph (1) only after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for the purposes stated in
any of paragraphs (4), (5), (7), (9), or (10) of subsection
(a) in excess of 115 percent of the amount specifically
authorized for such purposes.

SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF
CONVENTIONAL WEAPONS.

SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL
STORAGE FACILITY.

(a) Limitations.--No fiscal year 2001 Cooperative Threat
Reduction funds may be used--
(1) for construction of a second wing for the storage
facility for Russian fissile material referred to in section
1302(a)(5); or
(2) for design or planning with respect to such facility
until 15 days after the date that the Secretary of Defense
submits to Congress notification that Russia and the United
States have signed a verifiable written transparency
agreement that ensures that material stored at the facility
is of weapons origin.
(b) Establishment of Funding Cap For First Wing of Storage
Facility.--Out of funds authorized to be appropriated for
Cooperative Threat Reduction programs for fiscal year 2001 or
any other fiscal year, not more than $412,600,000 may be used
for planning, design, or construction of the first wing for
the storage facility for Russian fissile material referred to
in section 1302(a)(5).

SEC. 1305. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
MULTIYEAR PLAN.

Not more than ten percent of fiscal year 2001 Cooperative
Threat Reduction funds may be obligated or expended until the
Secretary of Defense submits to Congress an updated version
of the multiyear plan for fiscal year 2001 required to be
submitted under section 1205 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337;
22 U.S.C. 5952 note).

SEC. 1306. RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

(a) Reporting Requirement.--(1) Not later than October 1,
2000, the Secretary of Defense shall submit to Congress a
report on the following regarding Russia's arsenal of
tactical nuclear warheads:
(A) Estimates regarding current types, numbers, yields,
viability, locations, and deployment status of the warheads.
(B) An assessment of the strategic relevance of the
warheads.
(C) An assessment of the current and projected threat of
theft, sale, or unauthorized use of the warheads.
(D) A summary of past, current, and planned United States
efforts to work cooperatively with Russia to account for,
secure, and reduce Russia's stockpile of tactical nuclear
warheads and associated fissile material.
(2) The Secretary of Defense shall include in the report
described in paragraph (1) the views on the report provided
under subsection (b).
(b) Views of the Director of Central Intelligence.--The
Director of Central Intelligence shall submit to the
Secretary of Defense, for inclusion as an appendix in the
report described in subsection (a), the Director's views on
the matters described in that subsection regarding Russia's
tactical nuclear weapons.

SEC. 1307. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD
DISMANTLEMENT PROCESSING.

No fiscal year 2001 Cooperative Threat Reduction funds may
be used for activities to support warhead dismantlement
processing in Russia until 15 days after the date that the
Secretary of Defense submits to Congress notification that
the United States has reached an agreement with Russia, which
shall provide for appropriate transparency measures,
regarding assistance by the United States with respect to
such processing.

SEC. 1308. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.

The Secretary of Defense shall seek to enter into an
agreement with Russia regarding procedures to allow the
United States appropriate access to nuclear weapons storage
sites for which assistance under Cooperative Threat Reduction
programs is provided.

SEC. 1309. PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION OF
FOSSIL FUEL ENERGY PLANTS.

No fiscal year 2001 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction
programs for any other fiscal year, may be used for the
construction of a fossil fuel energy plant.

SEC. 1310. AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.

(a) Report on Audits.--Not later than March 31, 2001, the
Comptroller General shall submit to Congress a report
examining the procedures and mechanisms with respect to
audits by the Department of Defense of the use of funds for
Cooperative Threat Reduction programs. The report shall
examine the following:
(1) Whether the audits being conducted by the Department of
Defense are producing necessary information regarding whether
assistance under such programs, including equipment provided
and services furnished, is being used as intended.
(2) Whether the audit procedures of the Department of
Defense are adequate, including whether random samplings are
used.
(b) Extension For Comptroller General Assessment.--Section
1206(c) of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 471) is amended by
striking ``30 days'' and inserting ``90 days''.

SEC. 1311. LIMITATION ON USE OF FUNDS FOR PREVENTION OF
BIOLOGICAL WEAPONS PROLIFERATION IN RUSSIA.

No fiscal year 2001 Cooperative Threat Reduction funds, and
no funds appropriated for Cooperative Threat Reduction
programs for any other fiscal year, may be obligated or
expended for prevention of proliferation of biological
weapons in Russia until the President submits to Congress the
report required by section 1309 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65;
113 Stat. 795).

TITLE XIV--COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM
ELECTROMAGNETIC PULSE (EMP) ATTACK

SEC. 1401. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the
Threat to the United States from Electromagnetic Pulse
Attack'' (hereinafter in this title referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of nine
members. Seven of the members shall be appointed by the
Secretary of Defense and two of the members shall be
appointed by the Director of the Federal Emergency Management
Agency. In selecting individuals for appointment to the
Commission, the Secretary of Defense shall consult with the
chairmen and ranking minority members of the Committees on
Armed Services of the Senate and House of Representatives.
(c) Qualifications.--Members of the Commission shall be
appointed from among private United States citizens with
knowledge and expertise in the scientific, technical, and
military aspects of electromagnetic pulse (hereinafter
referred to as ``EMP'') effects resulting from the detonation
of a nuclear weapon or weapons at high altitude, sometimes
referred to as high-altitude electromagnetic pulse effects
(HEMP).
(d) Chairman of Commission.--The Secretary of Defense shall
designate one of the members of the Commission to serve as
chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--All appointments to
the Commission shall be made not later than 45 days after the
date of the enactment of this Act. The Commission shall
convene its first meeting not later than 30 days after the
date as of which all members of the Commission have been
appointed.

SEC. 1402. DUTIES OF COMMISSION.

(a) Review of EMP Threat.--The Commission shall assess--
(1) the nature and magnitude of potential high-altitude EMP
threats to the United States from Russia, China, North Korea,
and other potentially hostile states or non-state actors that
have or could acquire nuclear weapons and ballistic missiles
enabling them to perform a high-altitude EMP attack against
the United States within the next 15 years;

[[Page H3241]]

(2) the vulnerability of United States military and
especially civilian systems to an EMP attack, giving special
attention to vulnerability of the civilian infrastructure as
a matter of emergency preparedness; and
(3) the capability of the United States to repair and
recover from damage inflicted on United States military and
civilian systems by an EMP attack.
(4) the feasibility and cost of hardening select military
and civilian systems against EMP attack.
(b) Recommendation.--The Commission shall recommend steps
that can be taken by the United States to better protect its
military and civilian systems from EMP attack.
(c) Cooperation From Government Officials.--In carrying out
its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of the
Federal Emergency Management Agency, and any other United
States Government official serving in the Department of
Defense or Armed Forces in providing the Commission with
analyses, briefings, and other information necessary for the
fulfillment of its responsibilities.

SEC. 1403. REPORT.

The Commission shall, not later than one year after the
date of its first meeting, submit to Congress, the Secretary
of Defense, and the Director of the Federal Emergency
Management Agency a report on the Commission's findings and
conclusions.

SEC. 1404. POWERS.

(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings,
take testimony, receive evidence, and administer oaths to the
extent that the Commission or any panel or member considers
advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency,
and any other Federal department or agency information that
the Commission considers necessary to enable the Commission
to carry out its responsibilities under this title.

SEC. 1405. COMMISSION PROCEDURES.

(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for
the purpose of carrying out the Commission's duties. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any
agent or member of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.

SEC. 1406. PERSONNEL MATTERS.

(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable
for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.

SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish he Commission, on a
reimbursable basis, any administrative and support services
requested by the Commission.

SEC. 1408. FUNDING.

Funds for activities of the Commission shall be provided
from amounts appropriated for the Department of Defense for
operation and maintenance for Defense-wide activities for
fiscal year 2001. Upon receipt of a written certification
from the Chairman of the Commission specifying the funds
required for the activities of the Commission, the Secretary
of Defense shall promptly disburse to the Commission, from
such amounts, the funds required by the Commission as stated
in such certification.

SEC. 1409. TERMINATION OF THE COMMISSION.

The Commission shall terminate 60 days after the date of
the submission of its report under section 1403.-

TITLE XV--PROVISIONS REGARDING VIEQUES ISLAND, PUERTO RICO

SEC. 1501. CONDITIONS ON DISPOSAL OF NAVAL AMMUNITION SUPPORT
DETACHMENT, VIEQUES ISLAND.

(a) Inclusion in Excess Property Report.--The Secretary of
the Navy may not include any portion of the Naval Ammunition
Support detachment on the western end of Vieques Island,
Puerto Rico, in a report of excess real property required to
be prepared pursuant to section 2662(a) of title 10, United
States Code, unless and until the President certifies to the
Congress that military training operations on Vieques Island
utilizing the full range of live ordnance in use prior to
April 19, 1999, have been resumed without interference.
(b) Management as Conservation Zone.--If, consistent with
subsection (a), any portion of the Naval Ammunition Support
detachment on the western end of Vieques Island is declared
to be excess to the needs of the Armed Forces, any conveyance
of the property covered by the declaration shall be subject
to the irrevocable condition that the recipient of the
property (and any successor in interest) manage all lands
included in the conveyance as a conservation zone.
(c) Retention of Radar and Telecommunications Facilities.--
The following real property within the Naval Ammunition
Support detachment on Vieques Island may not be transferred
or conveyed from the jurisdiction of the Navy unless the
transfer or conveyance is specifically authorized by a law
enacted after the date of the enactment of this Act:
(1) The approximately 100 acres at the installation
containing the Relocatable Over-The-Horizon Radar and the Mt.
Pirata telecommunications facilities.
(2) Such other property at the installation that the
Secretary of the Navy designates as necessary to provide
access and utilities to the property described in paragraph
(1), to ensure the security of the property, or to
effectively maintain and operate the property.

SEC. 1502. RETENTION OF EASTERN PORTION OF VIEQUES ISLAND.

The Secretary of the Navy may not declare any lands within
the Eastern Maneuver Area or the Atlantic Fleet Weapons
Training Facility, including the Live Impact Area, on Vieques
Island, Puerto Rico, to be excess to the needs of the Armed
Forces, or transfer or convey any such lands from the
jurisdiction of the Navy.

SEC. 1503. LIMITATIONS ON MILITARY USE OF VIEQUES ISLAND.

(a) Advance Notice of Major Training.--Not less than 15
days before the Armed Forces commences any major training
exercise on Vieques Island, Puerto Rico, the Secretary of the
Navy shall notify the Government of Puerto Rico, through its
Secretary of State, of the exercise in the manner provided in
the 1983 memorandum of understanding between the United
States and the Government of Puerto Rico. The Secretary of
the Navy shall define what constitutes a major training
exercise for purposes of this section.
(b) Maximum Training Days.--Armed Forces training on
Vieques Island involving the use of explosive ordnance may
not exceed 90 days per calendar year. An additional 90 days
per calendar year of training may occur if the training is
limited to the use of nonexplosive ordnance, including
spotting devices.
(c) Safety and Noise.--(1) The Secretary of the Navy shall
ensure that procedures are implemented for Navy training on
Vieques Island designed to ensure the safety of civilians on
the island.
(2) The Secretary of the Navy shall require that naval
vessels involved in such training be positioned in such a
manner so as to reduce noise levels in civilian areas of the
island whenever possible.
(d) Advisory Committee.--(1) The Secretary of the Navy
shall establish an advisory committee to review and comment
on the operations and policies relating to military training
activities on and around Vieques Island. The committee shall
be advisory in nature and shall meet not less than quarterly.
Members of the advisory committee shall not receive
additional compensation on account of their service on the
committee.
(2) The Committee shall consist of three members appointed
by the Governor of Puerto Rico, three members appointed by
the Mayor of the Municipality of Vieques, and three members
appointed by the Secretary of the Navy. Not less than two of
the members shall be permanent residents of Vieques Island
and not less than two shall be commissioned officers of the
Navy or Marines Corps who have experience in combined
training requirements.
(3) The committee shall be jointly chaired by one of the
members appointed by the Governor of Puerto Rico, to be
designated by the Governor, and one of the officers appointed
by the Secretary of the Navy, to be designated by the
Secretary.

[[Page H3242]]

(e) National Security Waiver.--The Secretary of Defense may
temporarily waive the applicability of subsection (a), (b),
or (c) if the Secretary notifies Congress and the Governor of
Puerto Rico that compliance with the requirements of such
subsection would adversely affect national security. The
Secretary shall include in the notification an estimate of
the duration of the waiver.

SEC. 1504. ECONOMIC ASSISTANCE FOR RESIDENTS OF VIEQUES
ISLAND.

(a) Assistance Authorized.--Subject to subsections (b) and
(c), of the amounts appropriated pursuant to the 2000
Emergency Supplemental Appropriations Act referred to in
section 1003, $40,000,000 shall be available to the Secretary
of Defense to provide assistance to the residents of Vieques
Island, Puerto Rico, in such manner and for such purposes as
the Secretary considers appropriate.
(b) Assistance for Certain Purpose Prohibited.--Amounts
available under subsection (a) may not be used to conduct a
referendum among the residents of Vieques Island regarding
the further use of the island for military training programs.
(c) Conditions on Availability of Assistance.--The amounts
available under subsection (a) may not be transferred,
obligated, or expended unless and until the President
certifies to the Congress that military training operations
on Vieques Island utilizing the full range of live ordnance
in use prior to April 19, 1999, have been resumed without
interference.
(d) Transfer Authority.--The Secretary of Defense may
expend amounts available under subsection (a) directly or by
appropriate transfer for the provision of assistance to the
residents of Vieques Island. The transfer authority provided
under this subsection is in addition to any other transfer
authority available to the Department of Defense.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2001''.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Army: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Redstone Arsenal.... $28,500,000
Fort Rucker......... $5,600,000
Alaska............................ Fort Richardson..... $3,000,000
Arizona........................... Fort Huachuca....... $8,600,000
Arkansas.......................... Pine Bluff Arsenal.. $2,750,000
California........................ Fort Irwin.......... $31,000,000
Presidio, Monterey.. $4,600,000
Georgia........................... Fort Benning........ $15,800,000
Fort Gordon......... $2,600,000
Hawaii............................ Wheeler Army Air $43,800,000
Field.
Kansas............................ Fort Riley.......... $5,600,000
Maryland.......................... Aberdeen Proving $8,900,000
Ground.
Missouri.......................... Fort Leonard Wood... $65,400,000
New Jersey........................ Picatinny Arsenal... $5,600,000
New Mexico........................ White Sands Missile $9,000,000
Range.
New York.......................... Fort Drum........... $18,000,000
North Carolina.................... Fort Bragg.......... $222,200,000
Sunny Point Army $2,300,000
Terminal.
Ohio.............................. Columbus............ $1,832,000
Pennsylvania...................... Carlisle Barracks... $10,500,000
New Cumberland Army $3,700,000
Depot.
Texas............................. Fort Bliss.......... $26,000,000
Fort Hood........... $36,492,000
Red River Army Depot $800,000
---------------
Total:............ $562,574,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:

Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Germany........................... Area Support Group, $11,650,000
Bamberg.
Area Support Group, $11,300,000
Darmstadt.
Kaiserslautern...... $3,400,000
Mannheim............ $4,050,000
Korea............................. Camp Carroll........ $10,000,000
Camp Hovey.......... $4,200,000
Camp Humphreys...... $14,200,000
Camp Page........... $19,500,000
Kwajalein......................... Kwajalein Atoll..... $18,000,000
---------------
Total:............ $96,300,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installation and location, and in the amount, set forth in
the following table:

Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide............. Classified Location. $11,500,000
------------------------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:

Army: Family Housing
------------------------------------------------------------------------
Installation or
State or County location Purpose Amount
------------------------------------------------------------------------
Arizona...................... Fort Huachuca.. 110 $16,224,000
Units.
Hawaii....................... Schofield 72 Units $15,500,000
Barracks.
Kentucky..................... Fort Campbell.. 102 $15,800,000
Units.
Maryland..................... Fort Detrick... 48 Units $5,600,000
North Carolina............... Fort Bragg..... 160 $22,000,000
Units.
South Carolina............... Fort Jackson... 1 Unit.. $250,000
Texas........................ Fort Bliss..... 64 Units $10,200,000
Korea........................ Camp Humphreys. 60 Units $21,800,000
Virginia..................... Fort Belvoir... 27 Units $5,500,000
Fort Lee....... 52 Units $8,600,000
---------------
Total:....... ........ $121,474,000
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(A), the Secretary of the Army may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $6,542,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2104(a)(6)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $72,440,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2000, for military construction, land acquisition, and
military family housing functions of the Department of the
Army in the total amount of $1,824,640,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $385,974,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $96,300,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$11,500,000.
(4) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $17,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $105,861,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$200,456,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $971,704,000.
(7) For the construction of phase 1C of a barracks complex,
Infantry Drive, Fort Riley, Kansas, authorized by section
2101(a) of the Military Construction Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2182),
$10,000,000.
(8) For the construction of a railhead facility, Fort Hood,
Texas, authorized by section 2101(a) of the Military
Construction Authorization Act for Fiscal Year 1999 (112
Stat. 2182), as amended by section 2105 of this Act,
$9,800,000.
(9) For the construction of a chemical defense
qualification facility, Pine Bluff Arsenal, Arkansas,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 825), $92,000.
(10) For the construction of phase 1B of a barracks
complex, Wilson Street, Schofield Barracks, Hawaii,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (113 Stat. 825),
$22,400,000.
(11) For the construction of phase 2B of a barracks
complex, Tagaytay Street, Fort Bragg, North Carolina,
authorized by section 2101(a) of the Military Construction
Act for Fiscal Year 2000 (113 Stat. 825), $3,108,000.
(12) For the construction of phase 2 of a tactical
equipment shop, Fort Sill, Oklahoma, authorized by section
2101(a) of the Military Construction Act for Fiscal Year 2000
(113 Stat. 825), $10,991,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);

[[Page H3243]]

(2) $22,600,000 (the balance of the amount authorized under
section 2101(a) for the construction of a Basic Training
Complex at Fort Leonard Wood, Missouri);
(3) $10,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a Multipurpose Digital
Training Range at Fort Hood, Texas);
(4) $34,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex,
Longstreet Road Phase I at Fort Bragg, North Carolina);
(5) $104,000,000 (the balance of the amount authorized
under section 2101(a) for the construction of a barracks
complex, Bunter Road Phase I at Fort Bragg, North Carolina);
and
(6) $6,000,000 (the balance of the amount authorized under
section 2101(a) for the construction of a battle simulation
center at Fort Drum, New York).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (12) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $635,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $19,911,000 which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military family housing construction and military family
housing support outside the United States.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 1999 PROJECT.

(a) Modification.--The table in section 2101 of the
Military Construction Authorization Act for Fiscal Year 1999
(division B of Public Law 105-261; 112 Stat. 2182) is
amended--
(1) in the item relating to Fort Hood, Texas, by striking
``$32,500,000'' in the amount column and inserting
``$45,300,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$781,581,000''.
(b) Conforming Amendments.--Section 2104(a) of that Act
(112 Stat. 2184) is amended--
(1) in the matter preceding paragraph (1), by striking
``$2,098,713,000'' and inserting ``$2,111,513,000''; and
(2) in paragraph (1), by striking ``$609,076,000'' and
inserting ``$622,581,000''.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Arizona........................... Marine Corps Air $8,200,000
Station, Yuma.
Navy Detachment, $2,940,000
Camp Navajo.
California........................ Marine Corps Air- $23,870,000
Ground Combat
Center, Twentynine
Palms..............
Marine Corps Air $13,740,000
Station, Miramar.
Marine Corps Base, $8,100,000
Camp Pendleton.
Marine Corps $6,600,000
Logistics Base,
Barstow.
Naval Air Station, $10,760,000
Lemoore.
Naval Air Warfare $12,600,000
Center Weapons
Division, Point
Mugu...............
Naval Aviation $4,340,000
Depot, North Island.
Naval Facility, San $8,860,000
Clemente Island.
Naval Postgraduate $5,280,000
School, Monterey.
Naval Ship Weapons $10,200,000
Systems Engineering
Station, Port
Hueneme............
Naval Station, San $53,200,000
Diego.
Connecticut....................... Naval Submarine $3,100,000
Base, New London.
CONUS Various..................... CONUS Various....... $11,500,000
District of Columbia.............. Marine Corps $24,597,000
Barracks.
Naval District, $2,450,000
Washington.
Naval Research $12,390,000
Laboratory,
Washington.
Florida........................... Blount Island $3,320,000
Command.
Naval Air Station, $1,400,000
Jacksonville.
Naval Air Station, $5,130,000
Whiting Field.
Naval Surface $1,000,000
Warfare Center
Wastal Systems
Station, Panama
City...............
Naval Station, $6,830,000
Mayport.
Naval Surface $3,570,000
Warfare Center
Detachment, Ft.
Lauderdale.........
Georgia........................... Marine Corps $1,100,000
Logistics Base,
Albany.
Navy Supply Corps $2,950,000
School, Athens.
Trident Refit $5,200,000
Facility, Kings Bay.
Hawaii............................ Fleet Industrial $12,000,000
Supply Center,
Pearl Harbor.......
Naval Undersea $2,100,000
Weapons Station
Detachment,
Lualualei..........
Marine Corps Air $18,400,000
Station, Kaneohe.
Naval Station, Pearl $30,700,000
Harbor.
Illinois.......................... Naval Training $124,800,000
Center, Great Lakes.
Indiana........................... Naval Surface $8,460,000
Warfare Center,
Crane.
Maine............................. Naval Air Station, $2,450,000
Brunswick.
Naval Shipyard, $4,960,000
Portsmouth.
Maryland.......................... Naval Explosive $6,430,000
Ordinance Disposal
Technology Center,
Indian Head........
Naval Air Station, $8,240,000
Patuxent River.....
Mississippi....................... Naval Air Station, $4,700,000
Meridian.
Nevada............................ Naval Air Station, $6,280,000
Fallon.
New Jersey........................ Naval Weapons $2,420,000
Station, Earle.
North Carolina.................... Marine Corps Air $8,480,000
Station, Cherry
Point.
Marine Corps Air $3,400,000
Station, New River.
Marine Corps Base, $45,870,000
Camp Lejeune.
Naval Aviation $7,540,000
Depot, Cherry Point.
Pennsylvania...................... Naval Surface $10,680,000
Warfare Center
Shipyard Systems
Engineering
Station,
Philadelphia.......
Rhode Island...................... Naval Undersea $4,150,000
Warfare Center
Division, Newport..
South Carolina.................... Marine Corps Air $3,140,000
Station, Beaufort.
Marine Corps Recruit $2,660,000
Depot, Parris
Island.............
Texas............................. Naval Air Station, $4,850,000
Corpus Christi.....
Naval Air Station, $2,670,000
Kingsville.
Naval Station, $2,420,000
Ingleside.
Virginia.......................... AEGIS Combat Systems $3,300,000
Center, Wallops
Island.............
Marine Corps Combat $8,590,000
Development
Command, Quantico..
Naval Air Station, $31,450,000
Norfolk.
Naval Air Station, $9,440,000
Oceana.
Naval Amphibious $2,830,000
Base, Little Creek.
Naval Shipyard, $16,100,000
Norfolk, Portsmouth.
Naval Station, $4,700,000
Norfolk.
Naval Surface $11,300,000
Warfare Center,
Dahlgren.
Washington........................ Naval Shipyard, $100,670,000
Bremerton, Puget
Sound.
Strategic Weapons $1,400,000
Facility Pacific,
Bremerton..........
---------------
Total:............ $770,807,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
locations outside the United States, and in the amounts, set
forth in the following table:

Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Bahrain........................... Administrative $19,400,000
Support Unit.
Guam.............................. Naval Activities.... $1,000,000
Italy............................. Naval Air Station, $32,969,000
Sigonella.
Naval Support $15,000,000
Activity, Naples.
Various Locations................. Host Nation $142,000
Infrastructure
Support.
---------------
Total:............ $68,511,000
------------------------------------------------------------------------

[[Page H3244]]

SEC. 2202. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(5)(A), the Secretary of the Navy may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:

Navy: Family Housing
------------------------------------------------------------------------
Installation or
State location Purpose Amount
------------------------------------------------------------------------
California................... Marine Corps 79 Units $13,923,000
Air-Ground
Combat Center,
Twentynine
Palms.........
Naval Air 260 $47,871,000
Station, Units..
Lemoore.......
Hawaii....................... Commander Naval 112 $23,654,000
Base, Pearl Units..
Harbor........
Commander Naval 62 Units $14,237,000
Base, Pearl
Harbor........
Commander Naval 98 Units $22,230,000
Base, Pearl
Harbor........
Marine Corps 84 Units $21,910,000
Air Station,
Kaneohe Bay...
Louisiana.................... Naval Air 34 Units $5,000,000
Station, New
Orleans.
Maine........................ Naval Air 168 $18,722,000
Station, Units..
Brunswick.....
Mississippi.................. Naval 157 $20,700,000
Construction Units.
battalion
Center,
Gulfport.
Washington................... Naval Air 98 Units $16,873,000
Station,
Whidbey Island
---------------
Total: $205,120,000
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(5)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $19,958,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a)(5)(A), the Secretary of
the Navy may improve existing military family housing units
in an amount not to exceed $192,147,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2000, for military construction, land acquisition, and
military family housing functions of the Department of the
Navy in the total amount of $2,187,673,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $718,627,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $68,511,000.
(3) For unspecified minor construction projects authorized
by section 2805 of title 10, United States Code, $7,659,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $67,502,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$417,225,000.
(B) For support of military housing (including functions
described in section 2833 of title 10, United States Code),
$882,638,000.
(6) For construction of a berthing wharf at Naval Air
Station, North Island, California, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat.
828), $12,800,000.
(7) For construction of the Commander-in-Chief
Headquarters, Pacific Command, Camp H.M. Smith, Hawaii,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2000, $35,600,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a);
(2) $17,500,000 (the balance of the amount authorized under
section 2201(a) for repair of a pier at Naval Station, San
Diego, California);
(3) $24,460,000 (the balance of the amount authorized under
section 2201(a) for replacement of a pier at Naval Ship Yard,
Bremerton, Puget Sound, Washington); and
(4) $10,280,000 (the balance of the amount authorized under
section 2201(a) for construction of an industrial skills
center at Naval Shipyard, Bremerton, Puget Sound,
Washington).
(c) Adjustments.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (7) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by--
(1) $2,889,000, which represents the combination of savings
resulting from adjustments to foreign currency exchange rates
for military construction outside the United States; and
(2) $20,000,000, which represents the combination of
project savings in military construction resulting from
favorable bids, reduced overhead charges, and cancellations
due to force structure changes.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
1997 PROJECT AT MARINE CORPS COMBAT DEVELOPMENT
COMMAND, QUANTICO, VIRGINIA.

The Secretary of the Navy may carry out a military
construction project involving infrastructure development at
the Marine Corps Combat Development Command, Quantico,
Virginia, in the amount of $8,900,000, using amounts
appropriated pursuant to the authorization of appropriations
in section 2204(a)(1) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2769) for a military construction
project involving a sanitary landfill at that installation,
as authorized by section 2201(a) of that Act (110 Stat.
2767).

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State location Amount
------------------------------------------------------------------------
Alabama........................... Maxwell Air Force $3,825,000
Base.
Alaska............................ Cape Romanzof....... $3,900,000
Eielson Air Force $15,990,000
Base.
Elmendorf Air Force $27,520,000
Base.
Arizona........................... Davis-Monthan Air $7,900,000
Force Base.
Arkansas.......................... Little Rock Air $18,319,000
Force Base.
California........................ Beale Air Force Base $10,100,000
Los Angeles Air $6,580,000
Force Base.
Vandenberg Air Force $4,650,000
Base.
Colorado.......................... Buckley Air National $2,750,000
Guard Base.
Peterson Air Force $15,570,000
Base.
Schriever Air Force $8,450,000
Base.
United States Air $18,960,000
Force Academy.
CONUS Classified.................. Classified Location. $1,810,000
District of Columbia.............. Bolling Air Force $4,520,000
Base.
Florida........................... Eglin Air Force Base $8,940,000
Eglin Auxiliary $7,960,000
Field 9.
Patrick Air Force $12,970,000
Base.
Tyndall Air Force $31,495,000
Base.
Georgia........................... Fort Stewart/Hunter $4,920,000
Army Air Field.
Moody Air Force Base $2,500,000
Robins Air Force $11,762,000
Base.
Hawaii............................ Hickam Air Force $4,620,000
Base.
Idaho............................. Mountain Home Air $10,125,000
Force Base.
Illinois.......................... Scott Air Force Base $3,830,000
Kansas............................ McConnell Air Force $9,764,000
Base.
Louisiana......................... Barksdale Air Force $6,390,000
Base.
Mississippi....................... Keesler Air Force $15,040,000
Base.
Missouri.......................... Whiteman Air Force $12,050,000
Base.
Montana........................... Malmstrom Air Force $5,300,000
Base.
New Jersey........................ McGuire Air Force $29,772,000
Base.
North Carolina.................... Pope Air Force Base. $24,570,000
Seymour Johnson Air $7,141,000
Force Base.
North Dakota...................... Minot Air Force Base $3,151,000
Ohio.............................. Wright-Patterson Air $37,508,000
Force Base.
Oklahoma.......................... Altus Air Force Base $2,939,000
Tinker Air Force $26,895,000
Base.
South Carolina.................... Charleston Air Force $12,789,000
Base.
Shaw Air Force Base. $8,102,000
Texas............................. Dyess Air Force Base $19,523,000
Lackland Air Force $10,330,000
Base.
Laughlin Air Force $11,973,000
Base.
Sheppard Air Force $6,450,000
Base.

[[Page H3245]]

Utah.............................. Hill Air Force Base. $28,050,000
Virginia.......................... Langley Air Force $19,650,000
Base.
Washington........................ Fairchild Air Force $7,926,000
Base.
McChord Air Force $10,250,000
Base.
Wyoming........................... F.E. Warren Air $25,720,000
Force Base.
---------------
Total:............ $591,249,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country location Amount
------------------------------------------------------------------------
Diego Garcia...................... Diego Garcia........ $5,475,000
Italy............................. Aviano Air Base..... $8,000,000
Korea............................. Kunsan Air Base..... $6,400,000
Osan Air Base....... $21,948,000
Spain............................. Naval Station, Rota. $5,052,000
Turkey............................ Incirlik Air Base... $1,000,000
---------------
Total:............ $47,875,000
------------------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a)(5)(A), the Secretary of the Air Force may
construct or acquire family housing units (including land
acquisition) at the installations, for the purposes, and in
the amounts set forth in the following table:

Air Force: Family Housing
------------------------------------------------------------------------
Installation or
State location Purpose Amount
------------------------------------------------------------------------
California................... Edwards Air 57 Units $9,870,000
Force Base....
Travis Air 64 Units $9,870,000
Force Base.
District of Columbia......... Bolling Air 136 $17,137,000
Force Base. Units.
Nevada....................... Nellis Air 26 Units $5,000,000
Force Base.
North Dakota................. Cavalier Air 2 Units. $443,000
Force Station.
Minot Air Force 134 $19,097,000
Base. Units.
---------------
Total: $61,417,000
------------------------------------------------------------------------

(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(5)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $12,760,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a)(5)(A), the Secretary of
the Air Force may improve existing military family housing
units in an amount not to exceed $174,046,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2402(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations inside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Inside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity........ Camp Lejeune, North $5,914,000
Carolina...........
Laurel Bay, South $804,000
Carolina...........
Defense Logistics Agency.......... Defense Distribution $17,700,000
Supply Point New
Cumberland,
Pennsylvania.......
Defense Fuel Support $5,700,000
Point, Cherry
Point, North
Carolina...........
Defense Fuel Support $16,956,000
Point, MacDill Air
Force Base, Florida
Defense Fuel Support $11,000,000
Point, McConnell
Air Force Base,
Kansas.............
Defense Fuel Support $5,000,000
Point, Naval Air
Station, Fallon,
Nevada.............
Defense Fuel Support $5,900,000
Point, North
Island, California.
Defense Fuel Support $2,000,000
Point, Oceana Naval
Air Station,
Virginia...........
Defense Fuel Support $8,300,000
Point, Patuxent
River, Maryland....
Defense Fuel Support $2,200,000
Point, Twentynine
Palms, California..
Defense Supply $4,500,000
Center, Richmond,
Virginia...........
National Security Agency.......... Fort Meade, Maryland $4,228,000
Special Operations Command........ Eglin Auxiliary $26,523,000
Field 9, Florida...
Fleet Combat $5,500,000
Training Center,
Dam Neck, Virginia.
Fort Bragg, North $8,600,000
Carolina...........
Fort Campbell, $16,300,000
Kentucky...........
Kodiak, Alaska...... $5,000,000
Naval Air Station, $1,350,000
North Island,
California.........
Naval Air Station, $3,400,000
Oceana, Virginia...
Naval Amphibious $4,300,000
Base, Coronado,
California.........
Naval Amphibious $5,400,000
Base, Little Creek,
Virginia...........
Pearl Harbor, Hawaii $9,990,000
TRICARE Management Activity....... Edwards Air Force $17,900,000
Base, California...
Marine Corps Base, $14,150,000
Camp Pendleton,
California.........
Eglin Air Force $37,600,000
Base, Florida......
Fort Drum, New York. $1,400,000
Patrick Air Force $2,700,000
Base, Florida......
Tyndall Air Force $7,700,000
Base, Florida......
---------------
Total:............ $258,015,000
------------------------------------------------------------------------

(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2402(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations outside the United States, and in
the amounts, set forth in the following table:

Defense Agencies: Outside the United States
------------------------------------------------------------------------
Installation or
Agency location Amount
------------------------------------------------------------------------
Defense Education Activity........ Hanau, Germany...... $1,026,000
Hohenfels, Germany.. $13,774,000

[[Page H3246]]

Royal Air Force, $1,287,000
Feltwell, United
Kingdom............
Royal Air Force, $3,086,000
Lakenheath, United
Kingdom............
Schweinfurt, Germany $1,444,000
Sigonella, Italy.... $971,000
Wuerzburg, Germany.. $1,798,000
Defense Finance and Accounting Kleber Kaserne, $7,500,000
Service.......................... Germany............
Defense Logistics Agency.......... Defense Fuel Support $36,000,000
Point, Andersen Air
Force Base, Guam...
Defense Fuel Support $22,400,000
Point, Marine Corps
Air Station,
Iwakuni, Japan.....
Defense Fuel Support $26,400,000
Point, Misawa Air
Base, Japan........
Defense Fuel Support $10,000,000
Point, Royal Air
Force, Mildenhall,
United Kingdom.....
Defense Fuel Support $16,300,000
Point, Sigonella,
Italy..............
Defense Threat Reduction Agency... Darmstadt, Germany.. $2,450,000
Special Operations Command........ Roosevelt Roads, $1,241,000
Puerto Rico........
Taegu, Korea........ $1,450,000
TRICARE Management Agency......... Kitzingen, Germany.. $1,400,000
Wiesbaden Air Base, $7,187,000
Germany............
---------------
Total:............ $155,714,000
------------------------------------------------------------------------

(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2402(a)(3), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations and locations, and in the amounts, set forth in
the following table:

Defense Agencies: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation Amount
------------------------------------------------------------------------
Unspecified Worldwide............. Unspecified $451,135,000
Worldwide..........
------------------------------------------------------------------------

SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) In General.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2000, for military construction, land acquisition, and
military family housing functions of the Department of
Defense (other than the military departments), in the total
amount of $2,034,759,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $262,415,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $155,714,000.
(3) For the military construction projects at unspecified
worldwide locations authorized by section 2401(c),
$85,095,000.
(4) For unspecified minor construction projects under
section 2805 of title 10, United States Code, $17,390,000.
(5) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States
Code, $10,000,000.
(6) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $75,705,000.
(7) For base closure and realignment activities as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), $1,174,369,000.
(8) For military family housing functions, for support of
military housing (including functions described in section
2833 of title 10, United States Code), $44,886,000 of which
not more than $38,478,000 may be obligated or expended for
the leasing of military family housing units worldwide.
(9) For the construction of an ammunition demilitarization
facility, Pine Bluff Arsenal, Arkansas, authorized by section
2401(a) of the Military Construction Authorization Act for
Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat.
3040), as amended by section 2407 of the Military
Construction Authorization Act for Fiscal Year 1996 (division
B of Public Law 104-106; 110 Stat. 539), section 2408 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1982), and
section 2406 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2197), $43,600,000.
(10) For the construction of phase 6 of an ammunition
demilitarization facility, Umatilla Army Depot, Oregon,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1995, as amended by section
2407 of the Military Construction Authorization Act for
Fiscal Year 1996, section 2408 of the Military Construction
Authorization Act for Fiscal Year 1998, and section 2406 of
the Military Construction Authorization Act for Fiscal Year
1999, $9,400,000.
(11) For the construction of phase 2 of an ammunition
demilitarization facility, Pueblo Army Depot, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104-201; 110 Stat. 2775), as amended by section 2406 of
the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106-65; 113 Stat. 839),
$10,700,000.
(12) For the construction of phase 3 of an ammunition
demilitarization facility, Newport Army Depot, Indiana,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (division B of Public
Law 105-261; 112 Stat. 2193), $54,400,000.
(13) For the construction of phase 3 of an ammunition
demilitarization facility, Aberdeen Proving Ground, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1999 (112 Stat. 2193),
$45,700,000.
(14) For construction of a replacement hospital at Fort
Wainwright, Alaska, authorized by section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2000
(division B of Public Law 106-65; 113 Stat. 836),
$44,000,000.
(15) For the construction of the Ammunition
Demilitarization Support Phase 2, Blue Grass Army Depot,
Kentucky, authorized in section 2401(a) the Military
Construction Act for Fiscal Year 2000 (113 Stat. 836),
$8,500,000.
(b) Limitation of Total Cost of Construction Projects.--
Notwithstanding the cost variation authorized by section 2853
of title 10, United States Code, and any other cost
variations authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed--
(1) the total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a); and
(2) $366,040,000 (the balance of the amount authorized
under section 2401(c) for construction of National Missile
Defense initial deployment facilities, unspecified worldwide
locations).
(c) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraphs (1) through (15) of
subsection (a) is the sum of the amounts authorized to be
appropriated in such paragraphs, reduced by $7,115,000, which
represents the combination of savings resulting from
adjustments to foreign currency exchange rates for military
construction outside the United States.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.

The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2000, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment program authorized by section 2501, in
the amount of $177,500,000.

TITLE XXVI--GUARD AND RESERVE FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

There are authorized to be appropriated for fiscal years
beginning after September 30, 2000, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$129,139,000; and
(B) for the Army Reserve, $104,854,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $56,574,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$110,885,000; and
(B) for the Air Force Reserve, $41,748,000.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.

(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2003; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2004.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and authorizations of
appropriations therefor) for which appropriated funds have
been obligated before the later of--
(1) October 1, 2003; or

[[Page H3247]]

(2) the date of the enactment of an Act authorizing funds
for fiscal year 2004 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1998 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1998
(division B of Public Law 105-85; 111 Stat. 1984),
authorizations set forth in the tables in subsection (b), as
provided in section 2102, 2202, or 2302 of that Act, shall
remain in effect until October 1, 2001, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2002, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:

Army: Extension of 1998 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Maryland..................... Fort Meade..... Family $7,900,000
Housing
Constru
ction
(56
units).
Texas........................ Fort Hood...... Family $18,800,000
Housing
Constru
ction
(130
units).
------------------------------------------------------------------------

Navy: Extension of 1998 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
California................... Naval Complex, Replacem $13,500,000
San Diego..... ent
Family
Housing
Constru
ction
(94
units).
California................... Marine Corps Family $28,881,000
Air Station, Housing
Miramar....... Constru
ction
(166
units).
California................... Marine Corps Replacem $23,891,000
Air-Ground ent
Combat Center, Family
Twentynine Housing
Palms......... Constru
ction
(132
units).
Louisiana.................... Naval Complex, Replacem $11,930,000
New Orleans... ent
Family
Housing
Constru
ction
(100
units).
Texas........................ Naval Air Family $22,250,000
Station, Housing
Corpus Christi Constru
ction
(212
units).
Washington................... Naval Air Replacem $16,000,000
Station, ent
Whidbey Island Family
Housing
Constru
ction
(102
units).
------------------------------------------------------------------------

Air Force: Extension of 1998 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Georgia...................... Robins Air Replace $6,800,000
Force Base.... Family
Housing
(60
units).
Idaho........................ Mountain Home Replace $11,032,000
Air Force Base Family
Housing
(60
units).
New Mexico................... Kirtland Air Replace $20,900,000
Force Base.... Family
Housing
(180
units).
Texas........................ Dyess Air Force Construc $10,503,000
Base.......... t
Family
Housing
(70
units).
------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
1997 PROJECTS.

(a) Extension.--Notwithstanding section 2701 of the
Military Construction Authorization Act for Fiscal Year 1997
(division B of Public Law 104-201; 110 Stat. 2782),
authorizations set forth in the table in subsection (b), as
provided in section 2201 or 2202 of that Act and extended by
section 2702 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 842), shall remain in effect until October 1, 2001, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2002, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:

Navy: Extension of 1997 Project Authorizations
------------------------------------------------------------------------
Installation or
State location Project Amount
------------------------------------------------------------------------
Florida...................... Navy Station, Family $10,000,000
Mayport....... Housing
Constru
ction
(100
units).
North Carolina............... Marine Corps Family $10,110,000
Base, Camp Housing
Lejuene....... Constru
ction
(94
units).
South Carolina............... Marine Corps Family $14,000,000
Air Station, Housing
Beaufort...... Constru
ction
(140
units).
Texas........................ Naval Complex, Family $11,675,000
Corpus Christi Housing
Replace
ment
(104
units).
Naval Air Family $7,550,000
Station, Housing
Kingsville.... Replace
ment
(48
units).
Virginia..................... Marine Corps Infrastr $8,900,000
Combat ucture
Development Develop
Command, ment...
Quantico......
Washington................... Naval Station, Family $15,015,000
Everett....... Housing
Constru
ction
(100
units).
------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take
effect on the later of--
(1) October 1, 2000; or
(2) the date of the enactment of this Act.

[[Page H3248]]

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

SEC. 2801. REVISION OF LIMITATIONS ON SPACE BY PAY GRADE.

Section 2826 of title 10, United States Code, is amended to
read as follows:

``Sec. 2826. Limitations on space by pay grade

``In the construction, acquisition, and improvement of
military family housing units, the Secretary concerned shall
ensure that the room patterns and floor areas are generally
comparable to the room patterns and floor areas of similar
housing units in the locality concerned.''.

SEC. 2802. LEASING OF MILITARY FAMILY HOUSING, UNITED STATES
SOUTHERN COMMAND, MIAMI, FLORIDA.

(a) Five-Year Lease; Payment Source.--Subsection (b)(4) of
section 2828 of title 10, United States Code, is amended--
(1) by striking ``and no lease on any individual housing
unit may exceed $60,000 per year'' and inserting ``and the
lease payments shall be made out of annual appropriations for
that year''; and
(2) by adding at the end the following new sentence: ``A
lease under this paragraph may not exceed five years.''.
(b) Housing Adjustment.--Such subsection is further
amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) At the beginning of each fiscal year, the Secretary
of the Army shall adjust the maximum amount provided for
leases under subparagraph (A) for the previous fiscal year by
the percentage (if any) by which the basic allowance for
housing under section 403 of title 37 for the Miami
metropolitan area during the preceding fiscal year exceeded
such basic allowance for housing for the second preceding
fiscal year.''.
(c) Conforming Amendment.--Subsection (b)(5) of such
section is amended by striking ``paragraphs (2), (3), and
(4)''and inserting ``paragraphs (2) and (3)''.

SEC. 2803. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.

Section 2885 of title 10, United States Code, is amended by
striking ``2001'' and inserting ``2006''.

SEC. 2804. EXPANSION OF DEFINITION OF ARMORY TO INCLUDE
READINESS CENTERS.

(a) Definition.--Section 18232(3) of title 10, United
States Code, is amended by striking ``The term `armory'
means'' and inserting ``The terms `armory' and `readiness
center' mean.
(b) Conforming Amendments.--(1) Section 18232(2) of such
title is amended by striking ``armory or other structure''
and inserting ``armory, readiness center, or other
structure''.
(2) Section 18236(b) of such title by inserting ``or
readiness center'' after ``armory''.

Subtitle B--Real Property and Facilities Administration

SEC. 2811. INCREASE IN THRESHOLD FOR NOTICE AND WAIT
REQUIREMENTS FOR REAL PROPERTY TRANSACTIONS.

(a) Increased Threshold.--Section 2662 of title 10, United
States Code, is amended by striking ``$200,000'' each place
it appears and inserting thereof ``$500,000''.
(b) Reference to Simplified Acquisition Threshold.--
Subsection (b) of such section is amended by striking ``under
section 2304(g) of this title'' and inserting ``specified in
section 4(11) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(11)),''.

SEC. 2812. ENHANCEMENT OF AUTHORITY OF MILITARY DEPARTMENTS
TO LEASE NON-EXCESS PROPERTY.

(a) Property Available for Lease.--Subsection (a) of
section 2667 of title 10, United States Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Acceptance of In-Kind Consideration.--Such section is
further amended--
(1) in subsection (b)(5)--
(A) by striking ``improvement, maintenance, protection,
repair, or restoration,'' and inserting ``alteration, repair,
or improvement,''; and
(B) by striking ``, or of the entire unit or installation
where a substantial part of it is leased,'';
(2) by transferring subsection (c) to the end of the
section and redesignating such subsection, as so transferred,
as subsection (i);
(3) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) In addition to any in-kind consideration accepted
under subsection (b)(5), in-kind consideration accepted with
respect to a lease under this section may include the
following:
``(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of
the Secretary concerned.
``(B) Provision of facilities for use by the Secretary
concerned.
``(C) Facilities operation support for the Secretary
concerned.
``(D) Provision of such other services relating to
activities that will occur on the leased property as the
Secretary concerned considers appropriate.
``(2) In-kind consideration under paragraph (1) may be
accepted at any property or facilities under the control of
the Secretary concerned that are selected for that purpose by
the Secretary concerned.
``(3) The Secretary concerned may not accept in-kind
consideration during a fiscal year with respect to leases
under this section until the Comptroller General certifies to
the Secretary concerned that the total received by the
Secretary concerned as money rentals for that fiscal year
under such leases is equal to the total money rentals under
such leases received by the Secretary concerned during fiscal
year 2000.
``(4) In the case of a lease for which all or part of the
consideration proposed to be accepted by the Secretary
concerned under this subsection is in-kind consideration with
a value in excess of $500,000, the Secretary concerned may
not enter into the lease until 30 days after the date on
which a report on the facts of the lease is submitted to the
congressional defense committees.''; and
(4) in subsection (f)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
(c) Use of Cash Proceeds and Congressional Notification.--
Subsection (d) of such section is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following new subparagraphs:
``(B) Subject to subparagraphs (C) and (D), the amounts
deposited in the special account of a military department
pursuant to subparagraph (A) shall be available to the
Secretary of that military department, in such amounts as
provided in appropriation Acts, for the following:
``(i) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(ii) Lease of facilities.
``(iii) Facilities operation support.
``(C) At least 50 percent of the amounts deposited in the
special account of a military department under subparagraph
(A) by reason of a lease shall be available for activities
described in subparagraph (B) only at the military
installation where the leased property is located.
``(D) The Secretary concerned may not expend under
subparagraph (B) an amount in excess of $500,000 at a single
installation until 30 days after the date on which a report
on the facts of the proposed expenditure is submitted to the
congressional defense committees.''; and
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``As part'' and all that follows through ``Secretary of
Defense'' and inserting ``Not later than March 15 each year,
the Secretary of Defense shall submit to the congressional
defense committees a report which''; and
(B) in subparagraph (A), by striking ``request'' and
inserting ``report''.
(e) Definitions.--Subsection (h) of such section is amended
to read as follows:
``(h) In this section:
``(1) The term `congressional defense committees' means:
``(A) The Committee on Armed Services and the Committee on
Appropriations of the Senate.
``(B) The Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
``(2) The term `base closure law' means the following:
``(A) Section 2687 of this title.
``(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
``(C) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).
``(3) The term `military installation' has the meaning
given such term in section 2687(e)(1) of this title.''.

SEC. 2813. CONVEYANCE AUTHORITY REGARDING UTILITY SYSTEMS OF
MILITARY DEPARTMENTS.

Subsection (b) of section 2688 of title 10, United States
Code, is amended to read as follows:
``(b) Selection of Conveyee or Awardee.--(1) The Secretary
concerned shall comply with the competition requirements of
section 2304 of this title in conveying a utility system
under this section and in awarding any utility services
contract related to the conveyance of the utility system.
``(2) A conveyance or award may be made under paragraph (1)
only if the Secretary concerned determines that the
conveyance or award complies with State laws, regulations,
rulings, and policies governing the provision of utility
services. Such State laws, regulations, rulings, and policies
shall apply to the conveyee or awardee notwithstanding the
existence of exclusive federal legislative jurisdiction as to
any parcels of land served by the utility system.''.

Subtitle C--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2831. TRANSFER OF JURISDICTION, ROCK ISLAND ARSENAL,
ILLINOIS.

(a) Transfer Authorized.--The Secretary of the Army may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of Veterans Affairs a parcel of
real property, including any improvements thereon, consisting
of approximately 23 acres and comprising a portion of the
Rock Island Arsenal, Illinois.
(b) Use of Land.--The Secretary of Veterans Affairs shall
include the real property transferred under subsection (a) in
the Rock Island National Cemetery and use the transferred
property as a national cemetery under chapter 24 of title 38,
United States Code.
(c) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Army. The cost of the survey shall be borne
by the Secretary of Veterans Affairs.
(d) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Army considers appropriate to protect the
interests of the United States.

[[Page H3249]]

SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, GALESBURG,
ILLINOIS.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Knox County, Illinois (in
this section referred to as the ``County''), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, in
Galesburg, Illinois, consisting of approximately 4.65 acres
and containing an Army Reserve Center for the purpose of
permitting the County to use the parcel for municipal office
space.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2833. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA,
MINNESOTA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Winona State University
Foundation of Winona, Minnesota (in this section referred to
as the ``Foundation''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, in Winona, Minnesota, containing an
Army Reserve Center for the purpose of permitting the
Foundation to use the parcel for educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Foundation.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2834. LAND CONVEYANCE, FORT POLK, LOUISIANA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Louisiana (in
this section referred to as the ``State''), all right, title,
and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of
approximately 200 acres at Fort Polk, Louisiana, for the
purpose of permitting the State to establish a State-run
cemetery for veterans.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the State.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2835. LAND CONVEYANCE, FORT PICKETT, VIRGINIA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Commonwealth of
Virginia (in this section referred to as the
``Commonwealth''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, consisting of approximately 700 acres
at Fort Pickett, Virginia, for the purpose of permitting the
Commonwealth to develop and operate a public safety training
facility.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Commonwealth.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2836. LAND CONVEYANCE, FORT DIX, NEW JERSEY.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to Pemberton Township, New
Jersey (in this section referred to as the ``Township''), all
right, title, and interest of the United States in and to a
parcel of real property at Fort Dix, New Jersey, consisting
of approximately 2 acres and containing a parking lot
inadvertently constructed on the parcel by the Township.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Township.
(c) Conditions on Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the conditions
that--
(1) the Township accept the property as is; and
(2) the Township assume responsibility for any
environmental restoration or remediation required with
respect to the property under applicable law.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2837. LAND CONVEYANCE, NIKE SITE 43, ELRAMA,
PENNSYLVANIA.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Board of Supervisors of
Union Township, Pennsylvania (in this section referred to as
the ``Township''), all right, title, and interest of the
United States in and to a parcel of real property, including
improvements thereon, in Elrama, Pennsylvania, consisting of
approximately 160 acres, which is known as Nike Site 43 and
was more recently used by the Pennsylvania Army National
Guard, for the purpose of permitting the Township to use the
parcel for municipal storage and other public purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Township.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2838. LAND EXCHANGE, FORT HOOD, TEXAS.

(a) Exchange Authorized.--The Secretary of the Army may
convey to the City of Copperas Cove, Texas (in this section
referred to as the ``City''), all right, title and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of
approximately 100 acres at Fort Hood, Texas, in exchange for
the City's conveyance to the Secretary of all right, title,
and interest of the City in and to one or more parcels of
real property that are acceptable to the Secretary and
consist of a total of approximately 300 acres.
(b) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall
be borne by the City.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the exchange under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2839. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT
CENTER, ILLINOIS.

(a) Conveyance Authorized.--(1) The Secretary of the Army
may convey to the Tri-City Regional Port District of Granite
City, Illinois (in this section referred to as the ``Port
District''), all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 752 acres
and known as the U.S. Army Charles Melvin Price Support
Center, for the purpose of permitting the Port District to
use the parcel for development of a port facility and for
other public purposes.
(2) The property to be conveyed under paragraph (1) shall
include 158 units of military family housing at the Charles
Melvin Price Support Center for the purpose of permitting the
Port District to use the housing to provide affordable
housing, but only if the Port District agrees to provide
members of the Armed Forces first priority in leasing the
housing at a rental rate not to exceed the member's basic
allowance for housing.
(3) The Secretary of the Army may include as part of the
conveyance under paragraph (1) personal property of the Army
at the Charles Melvin Price Support Center that the Secretary
of Transportation recommends is appropriate for the
development or operation of the port facility and the
Secretary of the Army agrees is excess to the needs of the
Army.
(b) Interim Lease.--Until such time as the real property
described in subsection (a) is capable of being conveyed by
deed, the Secretary of the Army may lease the property to the
Port District.
(c) Consideration.--(1) The conveyance under subsection (a)
shall be made without consideration as a public benefit
conveyance for port development if the Secretary of the Army
determines that the Port District satisfies the criteria
specified in section 203(q) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(q)) and
regulations prescribed to implement such section. If the
Secretary determines that the Port District fails to qualify
for a public benefit conveyance, but still desires to acquire
the property, the Port District shall pay to the United
States an amount equal to the fair market value of the
property to be conveyed. The fair market value of the
property shall be determined by the Secretary of the Army.
(2) The Secretary of the Army may accept as consideration
for a lease of the property under subsection (b) an amount
that is less than fair market value if the Secretary
determines that the public interest will be served as a
result of the lease and the fair market value is unobtainable
or is not compatible with the public interest.
(d) Army Reserve Activities.--(1) Notwithstanding the total
acreage of the parcel authorized for conveyance under
subsection (a), the Secretary of the Army may retain up to 50
acres of the parcel for use by the Army Reserve. The acreage
selected for retention shall be mutually agreeable to the
Secretary and the Port District.
(2) At such time as the Secretary of the Army determines
that the property retained under this subsection is no longer
needed for Army Reserve activities, the Secretary shall
convey the property to the Port District. The consideration
for the conveyance shall be determined in the manner provided
in subsection (c).
(e) Navy Enclave.--Notwithstanding the total acreage of the
parcel authorized for conveyance under subsection (a), the
Secretary of the Army may retain an additional portion of the
parcel, up to 150 acres, for the development

[[Page H3250]]

of a Navy enclave to support the existing Federal use of the
parcel. The acreage selected for retention shall be mutually
agreeable to the Secretary and the Port District.
(2) At such time as the Secretary of the Army determines
that the property retained under this subsection is no longer
needed, the Secretary shall convey the property to the Port
District. The consideration for the conveyance shall be
determined in the manner provided in subsection (c).
(f) Flood Control Easement.--The Port District shall grant
to the Secretary of the Army an easement on the property
conveyed under subsection (a) for the purpose of permitting
the Secretary to implement and maintain flood control
projects. The Secretary of the Army, acting through the Corps
of Engineers, shall be responsible for the maintenance of any
flood control project built on the property pursuant to the
easement.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Army and the Port District. The cost of such
survey shall be borne by the Port District.
(h) Additional Terms.--The Secretary of the Army may
require such additional terms and conditions in connection
with the conveyance as the Secretary considers appropriate to
protect the interests of the United States.

SEC. 2840. LAND CONVEYANCE, ARMY RESERVE LOCAL TRAINING
CENTER, CHATTANOOGA, TENNESSEE.

(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Medal of Honor Museum,
Inc., a nonprofit corporation organized in the State of
Tennessee (in this section referred to as the
``Corporation''), all right, title, and interest of the
United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 15
acres at the Army Reserve Local Training Center located on
Bonnie Oaks Drive, Chattanooga, Tennessee, for the purpose of
permitting the Corporation to develop and use the parcel as a
museum and for other educational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Corporation.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

PART II--NAVY CONVEYANCES

SEC. 2851. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR
DISTRICT, PORT HUENEME, CALIFORNIA, TO USE
CERTAIN NAVY PROPERTY.

(a) Additional Restrictions on Joint Use.--Subsection (c)
of section 2843 of the Military Construction Authorization
Act for Fiscal Year 1995 (division B of Public Law 103-337;
108 Stat. 3067) is amended to read as follows:
``(c) Restrictions on Use.--The District's use of the
property covered by an agreement under subsection (a) is
subject to the following conditions:
``(1) The District shall suspend operations under the
agreement upon notification by the commanding officer of the
Center that the property is needed to support mission
essential naval vessel support requirements or Navy
contingency operations, including combat missions, natural
disasters, and humanitarian missions.
``(2) The District shall use the property covered by the
agreement in a manner consistent with Navy operations at the
Center, including cooperating with the Navy for the purpose
of assisting the Navy to meet its through-put requirements at
the Center for the expeditious movement of military cargo.
``(3) The commanding officer of the Center may require the
District to remove any of its personal property at the Center
that the commanding officer determines may interfere with
military operations at the Center. If the District cannot
expeditiously remove the property, the commanding officer may
provide for the removal of the property at District
expense.''.
(b) Consideration.--Subsection (d) of such section is
amended to read as follows:
``(d) Consideration.--(1) As consideration for the use of
the property covered by an agreement under subsection (a),
the District shall pay to the Navy an amount that is mutually
agreeable to the parties to the agreement, taking into
account the nature and extent of the District's use of the
property.
``(2) The Secretary may accept in-kind consideration under
paragraph (1), including consideration in the form of--
``(A) the District's maintenance, preservation,
improvement, protection, repair, or restoration of all or any
portion of the property covered by the agreement;
``(B) the construction of new facilities, the modification
of existing facilities, or the replacement of facilities
vacated by the Navy on account of the agreement; and
``(C) covering the cost of relocation of the operations of
the Navy from the vacated facilities to the replacement
facilities.
``(3) All cash consideration received under paragraph (1)
shall be deposited in the special account in the Treasury
established for the Navy under section 2667(d) of title 10,
United States Code. The amounts deposited in the special
account pursuant to this paragraph shall be available, as
provided in appropriation Acts, for general supervision,
administration, overhead expenses, and Center operations and
for the maintenance preservation, improvement, protection,
repair, or restoration of property at the Center.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.

SEC. 2852. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR
STATION, EL TORO, CALIFORNIA.

Section 2811(a)(2) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103
Stat. 1650) is amended by striking ``of additional military
family housing units at Marine Corps Air Station, Tustin,
California'' and inserting ``and repair of roads, and the
development of Aerial Port of Embarkation facilities, at
Marine Corps Air Station, Miramar, California''.

SEC. 2853. TRANSFER OF JURISDICTION, MARINE CORPS AIR
STATION, MIRAMAR, CALIFORNIA.

(a) Transfer Authorized.--The Secretary of the Navy may
transfer, without reimbursement, to the administrative
jurisdiction of the Secretary of the Interior a parcel of
real property, including any improvements thereon, consisting
of approximately 250 acres and known as the Teacup Parcel,
which comprises a portion of the Marine Corps Air Station,
Miramar, California.
(b) Use of Land.--The Secretary of the Interior shall
include the real property transferred under subsection (a) as
a part of the Vernal Pool Unit of the San Diego National
Wildlife Refuge and administer the property for the
conservation of fish and wildlife. All current and future
military aviation and related activities at the Marine Corps
Air Station, Miramar, are deemed to be compatible with the
refuge purposes for which the property is transferred, and
with any secondary uses that may be established on the
transferred property.
(c) Condition on Transfer.--The transfer authorized under
subsection (a) shall be subject to the condition that the
Secretary of the Interior make the transferred property
available to the Secretary of the Navy for any habitat
restoration or preservation project that may be required for
mitigation of military activities occurring at the Marine
Corps Air Station, Miramar, unless the Secretary of the
Interior determines that the project adversely affect the
property's sensitive wildlife and habitat resource values.
(d) Legal Description.--The exact acreage and legal
description of the real property to be transferred under this
section shall be determined by a survey satisfactory to the
Secretary of the Navy. The cost of the survey shall be borne
by the Secretary of the Interior.
(e) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the transfer under this section as the
Secretary of the Navy considers appropriate to protect the
interests of the United States.

SEC. 2854. LEASE OF PROPERTY, MARINE CORPS AIR STATION,
MIRAMAR, CALIFORNIA.

(a) Authority To Lease.--(1) The Secretary of the Navy may
lease, without consideration, to the City of San Diego,
California (in this section referred to as the ``City''), a
parcel of real property, including any improvements thereon,
consisting of approximately 44 acres and known as the Hickman
Field, which comprises a portion of the Marine Corps Air
Station, Miramar, California.
(2) The lease authorized by paragraph (1) may have a term
not to exceed five years.
(b) Description of Property.--The exact acreage and legal
description of the real property to be leased under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the City.
(c) Conditions on Lease.--The lease authorized under
subsection (a) shall be subject to the conditions that--
(1) the City maintain the property at no cost to the United
States;
(2) the City make the property available to the existing
tenant at no cost during the term of the lease; and
(3) the property be used only for recreational purposes.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2855. LEASE OF PROPERTY, NAVAL AIR STATION, PENSACOLA,
FLORIDA.

(a) Authority To Lease.--The Secretary of the Navy may
lease, without consideration, to the Naval Aviation Museum
Foundation (in this section referred to as the
``Foundation'') real property improvements constructed by the
Foundation at the National Museum of Naval Aviation at Naval
Air Station, Pensacola, Florida, for the purpose of
permitting the Foundation to operate a National Flight
Academy to encourage and assist American young people to
develop an interest in naval aviation and to preserve and
enhance the image and heritage of naval aviation.
(b) Construction.--The Foundation shall be solely
responsible for the design and construction of the real
property improvements referred to in subsection (a). Upon
completion, the improvements shall be donated to and become
the property of the United States, subject to the terms of
the lease under subsection (a).
(c) Term of Lease.--(1) The lease authorized by subsection
(a) may be for a term of up to 50 years, with an option to
renew for an additional 50 years.
(2) In the event that the National Flight Academy ceases
operation for a period in excess of one year during the
leasehold period, or any extension thereof, the lease shall
immediately terminate without cost or future liability to the
United States.

[[Page H3251]]

(d) Use by Navy.--The Secretary may use all or a portion of
the leased property when the National Flight Academy is not
in session or whenever the use of the property would not
conflict with operation of the Academy. The Foundation shall
permit such use at no cost to the Navy.
(e) Maintenance and Repair.--The Foundation shall be solely
responsible during the leasehold period, and any extension
thereof, for the operation, maintenance, and repair or
replacement of the real property improvements authorized for
lease under this section.
(f) Assistance.--(1) Subject to subsection (e), the
Secretary may assist the Foundation in implementing the
National Flight Academy by furnishing facilities, utilities,
maintenance, and other services within the boundaries of
Naval Air Station, Pensacola. The Secretary may require the
Foundation to reimburse the Secretary for the facilities,
utilities, maintenance, or other services so provided or may
provide the facilities, utilities, maintenance, or other
services without reimbursement by the Foundation.
(2) Any assistance provided the Foundation pursuant to
paragraph (1) may be terminated by the Secretary without
notice, cause, or liability to the United States.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the lease under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2856. LAND EXCHANGE, MARINE CORPS RECRUIT DEPOT, SAN
DIEGO, CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the San Diego Unified Port District of San Diego
California (in this section referred to as the ``Port
District''), all right, title, and interest of the United
States in and to three parcels of real property, including
improvements thereon, consisting of approximately 44.5 acres
and comprising a portion of the Marine Corps Recruit Depot,
San Diego, California, in exchange for the Port District's--
(1) conveyance to the Secretary of all right, title, and
interest of Port District in and to a parcel of real property
that is acceptable to the Secretary and contiguous to the
recruit depot; and
(2) construction of suitable replacement facilities and
necessary supporting structures on the parcel or other
property comprising the recruit depot, as determined
necessary by the Secretary.
(b) Time for Conveyance.--The Secretary may not make the
conveyance to the Port District authorized by subsection (a)
until the Secretary determines that the replacement
facilities have been constructed and are ready for occupancy.
(c) Administrative Expenses.--The Port District shall
reimburse the Secretary for administrative expenses incurred
by the Secretary in carrying out the exchange under
subsection (a), including expenses related to the planning,
design, survey, environmental compliance, and supervision and
inspection of construction of the replacement facilities.
Section 2695(c) of title 10, United States Code, shall apply
to the amounts received by the Secretary.
(d) Construction Schedule.--The Port District shall
construct the replacement facilitates pursuant to such
schedule and in such a manner so as to not interrupt or
adversely affect the capability of the Marine Corps Recruit
Depot to accomplish its mission.
(e) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall
be borne by the Port District.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the exchange under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2857. LAND EXCHANGE, NAVAL AIR RESERVE CENTER, COLUMBUS,
OHIO.

(a) Exchange Authorized.--The Secretary of the Navy may
convey to the Rickenbacker Port Authority of Columbus, Ohio
(in this section referred to as the ``Authority''), all
right, title, and interest of the United States in and to a
parcel of real property, including improvements thereon,
consisting of approximately 24 acres comprising the civilian
facilities of the Naval Air Reserve at Rickenbacker
International Airport in Franklin County, Ohio, in exchange
for the Authority's conveyance to the Secretary of all right,
title, and interest of the Authority in and to a parcel of
real property consisting of approximately 10 to 15 acres
acceptable to the Secretary at Rickenbacker International
Airport.
(b) Use of Acquired Property.--The Secretary shall use the
real property acquired from the Authority in the exchange as
the site for a replacement facility that will house both the
Naval Air Reserve Center at Rickenbacker International
Airport and the Naval and Marine Corps Reserve Center
currently located in Columbus, Ohio.
(c) Time for Conveyance.--The Secretary may not make the
conveyance to the Authority authorized by subsection (a)
until the Secretary determines that the replacement facility
described in subsection (b) has been constructed and is ready
for occupancy.
(d) Description of Property.--The exact acreage and legal
description of the parcels of real property to be exchanged
under subsection (a) shall be determined by surveys
satisfactory to the Secretary. The cost of the surveys shall
be borne by the Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the exchange under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2858. LAND CONVEYANCE, NAVAL RESERVE CENTER, TAMPA,
FLORIDA.

(a) Conveyance Authorized.--The Secretary of the Navy may
convey to the Tampa Port Authority of Tampa, Florida (in this
section referred to as the ``Port Authority''), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting
of approximately 2.18 acres and comprising the Naval Reserve
Center, Tampa, Florida, for the purpose of permitting the
Port Authority to use the parcel to facilitate the expansion
of the Port of Tampa.
(b) Conditions on Conveyance.--The conveyance authorized
under subsection (a) shall be subject to the following
conditions:
(1) The Port Authority will accept the Naval Reserve Center
as is.
(2) The Port Authority will provide a replacement facility
for the Naval Reserve Center on a site of comparable size and
consisting of comparable improvements on port property or
other public land acceptable to the Secretary. In the event
that a federally owned site acceptable to the Secretary is
not available for the construction of the replacement
facility, the Port Authority will provide a site for the
replacement facility acceptable to the Secretary and convey
it in fee title to the United States.
(3) The Port Authority will procure all necessary funding
and the planning and design necessary to construct a
replacement facility that is fully operational and satisfies
the Base Facilities Requirements plan, as provided by the
Naval Reserve.
(4) The Port Authority will bear all reasonable costs that
the Navy may incur in the relocating to the replacement
facility.
(c) Time for Conveyance.--The Secretary may not make the
conveyance authorized under subsection (a) until all of the
conditions specified in subsection (b) have been met to the
satisfaction of the Secretary.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the Port Authority.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

PART III--AIR FORCE CONVEYANCES

SEC. 2861. LAND CONVEYANCE, WRIGHT PATTERSON AIR FORCE BASE,
OHIO.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Greene County, Ohio,
(in this section referred to as the ``County''), all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon, consisting
of approximately 92 acres comprising the communications test
annex at Wright Patterson Air Force Base, Ohio, for the
purpose of permitting the County to use the parcel for
recreational purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2862. LAND CONVEYANCE, POINT ARENA AIR FORCE STATION,
CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to Mendocino County,
California (in this section referred to as the ``County''),
all right, title, and interest of the United States in and to
a parcel of real property, including improvements thereon,
consisting of approximately 82 acres at the Point Arena Air
Force Station, California, for the purpose of permitting the
County to use the parcel for municipal and other public
purposes.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the County.
(c) Effect of Reconveyance.--If at any time the County
conveys all or a portion of the property conveyed under
subsection (a), the County shall pay the United States an
amount equal to the fair market value of the property
conveyed, as determined by an appraisal satisfactory to the
Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 2863. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE,
CALIFORNIA.

(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, by sale or lease upon such terms as the Secretary
considers appropriate, all or any portion of the following
parcels of real property, including improvements thereon, at
Los Angeles Air Force Base, California:
(1) Approximately 42 acres in El Segundo, California,
commonly known as Area A.
(2) Approximately 52 acres in El Segundo, California,
commonly known as Area B.
(3) Approximately 13 acres in Hawthorne, California,
commonly known as the Lawndale Annex.
(4) Approximately 3.7 acres in Sun Valley, California,
commonly known as the Armed Forces Radio and Television
Service Broadcast Center.

[[Page H3252]]

(b) Consideration.--As consideration for the conveyance of
real property under subsection (a), the recipient of the
property shall provide for the design and construction on
real property acceptable to the Secretary of one or more
facilities to consolidate the mission and support functions
at Los Angeles Air Force Base. Any such facility must comply
with the seismic and safety design standards for Los Angeles
County, California, in effect at the time the Secretary takes
possession of the facility.
(c) Leaseback Authority.--If the fair market value of a
facility to be provided as consideration for the conveyance
of real property under subsection (a) exceeds the fair market
value of the conveyed property, the Secretary may enter into
a lease for the facility for a period not to exceed 10 years.
Rental payments under the lease shall be established at the
rate necessary to permit the lessor to recover, by the end of
the lease term, the difference between the fair market value
of a facility and the fair market value of the conveyed
property. At the end of the lease, all right, title, and
interest in the facility shall vest in the United States.
(d) Appraisal of Property.--The Secretary shall obtain an
appraisal of the fair market value of all property and
facilities to be sold, leased, or acquired under this
section. An appraisal shall be made by a qualified appraiser
familiar with the type of property to be appraised. The
Secretary shall consider the appraisals in determining
whether a proposed conveyance accomplishes the purpose of
this section and is in the interest of the United States.
Appraisal reports shall not be released outside of the
Federal Government, other than the other party to a
conveyance.
(e) Description of Property.--The exact acreage and legal
description of real property to be conveyed under subsection
(a) or acquired under subsection (b) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey
shall be borne by the recipient of the property.
(f) Exemption.--Section 2696 of title 10, United States
Code, does not apply to the conveyance authorized by
subsection (a).
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under subsection (a) or a lease under
subsection (c) as the Secretary considers appropriate to
protect the interests of the United States.

PART IV--OTHER CONVEYANCES

SEC. 2871. CONVEYANCE OF ARMY AND AIR FORCE EXCHANGE SERVICE
PROPERTY, FARMERS BRANCH, TEXAS.

(a) Conveyance Authorized.--The Secretary of Defense may
authorize the Army and Air Force Exchange Service, which is a
nonappropriated fund instrumentality of the United States, to
sell all right, title, and interest of the United States in
and to a parcel of real property, including improvements
thereon, that is located at 2727 LBJ Freeway in Farmers
Branch, Texas.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary. The cost of the survey shall be borne by
the purchaser.
(c) Consideration.--As consideration for conveyance under
subsection (a), the purchaser shall pay, in a single lump sum
payment, an amount equal to the fair market value of the real
property conveyed, as determined by the Secretary. The
payment shall be handled in the manner provided in section
204(c) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 485(c)).
(d) Congressional Report.--Within 30 days after the sale of
the property under subsection (a), the Secretary shall submit
to Congress a report detailing the particulars of the sale.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

Subtitle D--Other Matters

SEC. 2881. RELATION OF EASEMENT AUTHORITY TO LEASED PARKLAND,
MARINE CORPS BASE, CAMP PENDLETON, CALIFORNIA.

Section 2851 of the Military Construction Authorization Act
for Fiscal Year 1999 (division B of Public Law 105-261; 112
Stat. 2219) is amended by adding at the end the following new
subsection:
``(f) Exemption for Certain Leased Lands.--(1) Section 303
of title 49, and section 138 of title 23, United States Code,
shall not apply to any approval by the Secretary of
Transportation of the use by State Route 241 of parkland
within Camp Pendleton that is leased by the State of
California, where the lease reserved to the United States the
right to establish rights-of-way.
``(2) The Agency shall be responsible for the
implementation of any measures required by the Secretary of
Transportation to mitigate the impact of the Agency's use of
parkland within Camp Pendleton for State Route 241. With the
exception of those mitigation measures directly related to
park functions, the measures shall be located outside the
boundaries of Camp Pendleton. The required mitigation
measures related to park functions shall be implemented in
accordance with the terms of the lease referred to in
paragraph (1).''.

SEC. 2882. EXTENSION OF DEMONSTRATION PROJECT FOR PURCHASE OF
FIRE, SECURITY, POLICE, PUBLIC WORKS, AND
UTILITY SERVICES FROM LOCAL GOVERNMENT
AGENCIES.

Section 816(c) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2820), as
added by section 2873 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2225), is amended by striking ``2000'' and
inserting ``2002''.

SEC. 2883. ESTABLISHMENT OF WORLD WAR II MEMORIAL ON GUAM.

(a) Establishment Required.--The Secretary of Defense shall
establish on Federal lands near the Fena Caves in Guam a
suitable memorial intended to honor those Guamanian civilians
who were killed during the occupation of Guam during World
War II and to commemorate the liberation of Guam by the
United States Armed Forces in 1944.
(b) Maintenance of Memorial.--The Secretary of Defense
shall be responsible for the maintenance of the memorial
established pursuant to subsection (a).
(c) Consultation.--In designing and building the memorial
and selecting the specific location for the memorial, the
Secretary of Defense shall consult with the American Battle
Monuments Commission established under chapter 21 of title
36, United States Code.

SEC. 2884. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN
ATOLL AS THE RONALD REAGAN BALLISTIC MISSILE
DEFENSE TEST SITE AT KWAJALEIN ATOLL.

The United States Army missile testing range located at
Kwajalein Atoll in the Marshall Islands shall after the date
of the enactment of this Act be known and designated as the
``Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll''. Any reference to that range in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Ronald Reagan Ballistic Missile Defense Test Site at
Kwajalein Atoll.

SEC. 2885. DESIGNATION OF BUILDING AT FORT BELVOIR, VIRGINIA,
IN HONOR OF ANDREW T. MCNAMARA.

The building at 8725 John J. Kingman Road, Fort Belvoir,
Virginia, shall be known and designated as the ``Andrew T.
McNamara Building''. Any reference to that building in any
law, regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Andrew T. McNamara Building.

SEC. 2886. DESIGNATION OF BALBOA NAVAL HOSPITAL, SAN DIEGO,
CALIFORNIA, IN HONOR OF BOB WILSON, A FORMER
MEMBER OF THE HOUSE OF REPRESENTATIVES.

The Balboa Naval Hospital in San Diego, California, shall
be known and designated as the ``Bob Wilson Naval Hospital''.
Any reference to the Balboa Naval Hospital in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Bob Wilson Naval Hospital.

SEC. 2887. SENSE OF CONGRESS REGARDING IMPORTANCE OF
EXPANSION OF NATIONAL TRAINING CENTER, FORT
IRWIN, CALIFORNIA.

(a) Findings.--The Congress finds the following:
(1) The National Training Center at Fort Irwin, California,
is the Army's premier warfare training center.
(2) The National Training Center was cited by General
Norman Schwarzkopf as being instrumental to the success of
the allied victory in the Persian Gulf conflict.
(3) The National Training Center gives a military unit the
opportunity to use high-tech equipment and confront realistic
opposing forces in order to accurately discover the unit's
strengths and weaknesses.
(4) The current size of the National Training Center is
insufficient in light of the advanced equipment and
technology required for modern warfare training.
(5) The expansion of the National Training Center to
include additional lands would permit military units and
members of the Armed Forces to adequately prepare for future
conflicts and various warfare scenarios they may encounter
throughout the world.
(6) Additional lands for the expansion of the National
Training Center are presently available in the California
desert.
(7) The expansion of the National Training Center is a top
priority of the Army and the Office of the Secretary of
Defense.
(b) Sense of Congress.--It is the sense of Congress that
the prompt expansion of the National Training Center is vital
to the national security interests of the United States.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for the activities of the National Nuclear Security
Administration in carrying out programs necessary for
national security in the amount of $6,269,435,000, to be
allocated as follows:
(1) Weapons activities.--For weapons activities,
$4,677,800,000, to be allocated as follows:
(A) For stewardship, $4,280,415,000, to be allocated as
follows:
(i) For directed stockpile work, $856,603,000.
(ii) For campaigns, $2,057,014,000, to be allocated as
follows:

(I) For operation and maintenance, $1,707,682,000.
(II) For construction, $349,332,000, to be allocated as
follows:
Project 01-D-101, distributed information systems
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $2,300,000.
Project 00-D-103, terascale simulation facility, Lawrence
Livermore National Laboratory, Livermore, California,
$5,000,000.

[[Page H3253]]

Project 00-D-105, strategic computing complex, Los Alamos
National Laboratory, Los Alamos, New Mexico, $56,000,000.
Project 00-D-107, joint computational engineering
laboratory, Sandia National Laboratories, Albuquerque, New
Mexico, $6,700,000.
Project 98-D-125, tritium extraction facility, Savannah
River Plant, Aiken, South Carolina, $75,000,000.
Project 97-D-102, dual-axis radiographic hydrotest
facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $35,232,000.
Project 96-D-111, national ignition facility (NIF),
Lawrence Livermore National Laboratory, Livermore,
California, $169,100,000.

(iii) For readiness in technical base and facilities,
$1,366,798,000.
(B) For secure transportation asset, $115,673,000, to be
allocated as follows:
(i) For operation and maintenance, $79,357,000.
(ii) For program direction, $36,316,000.
(C) For program direction, $216,871,000.
(D) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$159,841,000, to be allocated as follows:
Project 01-D-103, preliminary project design and
engineering, various locations, $14,500,000.
Project 01-D-124, highly enriched uranium (HEU) storage
facility, Y-12 Plant, Oak Ridge, Tennessee, $17,800,000.
Project 01-D-126, weapons evaluation test laboratory,
Pantex Plant, Amarillo, Texas, $3,000,000.
Project 99-D-103, isotope sciences facilities, Lawrence
Livermore National Laboratory, Livermore, California,
$5,000,000.
Project 99-D-104, protection of real property (roof
reconstruction, phase II), Lawrence Livermore National
Laboratory, Livermore, California, $2,800,000.
Project 99-D-106, model validation and system certification
center, Sandia National Laboratories, Albuquerque, New
Mexico, $5,200,000.
Project 99-D-108, renovate existing roadways, Nevada Test
Site, Nevada, $2,000,000.
Project 99-D-125, replace boilers and controls, Kansas City
Plant, Kansas City, Missouri, $13,000,000.
Project 99-D-127, stockpile management restructuring
initiative, Kansas City plant, Kansas City, Missouri,
$23,765,000.
Project 99-D-128, stockpile management restructuring
initiative, Pantex Plant, Amarillo, Texas, $4,998,000.
Project 99-D-132, stockpile management restructuring
initiative, nuclear material safeguards and security upgrades
project, Los Alamos National Laboratory, Los Alamos, New
Mexico, $18,043,000.
Project 98-D-123, stockpile management restructuring
initiative, tritium facility modernization and consolidation,
Savannah River Plant, Aiken, South Carolina, $30,767,000.
Project 97-D-123, structural upgrades, Kansas City Plant,
Kansas City, Missouri, $2,918,000.
Project 95-D-102, chemistry and metallurgy research (CMR)
upgrades project, Los Alamos National Laboratory, Los Alamos,
New Mexico, $13,337,000.
Project 88-D-123, security enhancements, Pantex Plant,
Amarillo, Texas, $2,713,000.
(2) Defense nuclear nonproliferation.--For other nuclear
security activities, $914,035,000, to be allocated as
follows:
(A) For nonproliferation and verification research and
development, $232,990,000, to be allocated as follows:
(i) For operation and maintenance, $225,990,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $7,000,000, to be allocated as follows:

Project 00-D-192, nonproliferation and international
security center (NISC), Los Alamos National Laboratory, Los
Alamos, New Mexico, $7,000,000.

(B) For arms control, $272,870,000.
(C) For long-term nonproliferation program for Russia,
$100,000,000.
(D) For highly enriched uranium transparency
implementation, $15,190,000.
(E) For international nuclear safety, $20,000,000.
(F) For fissile materials control and disposition,
$221,517,000, to be allocated as follows:
(i) For operation and maintenance, $175,517,000.
(ii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $46,000,000, to be allocated as follows:

Project 00-D-142, immobilization and associated processing
facility, various locations, $3,000,000.
Project 99-D-141, pit disassembly and conversion facility,
various locations, $20,000,000.
Project 99-D-143, mixed oxide fuel fabrication facility,
various locations, $23,000,000.

(G) For program direction, $51,468,000.
(3) Naval reactors.--For naval reactors, $677,600,000, to
be allocated as follows:
(A) For naval reactors development, $656,200,000, to be
allocated as follows:
(i) For operation and maintenance, $627,500,000.
(ii) For general plant projects, $11,400,000.
(iii) For plant projects (including maintenance,
restoration, planning, construction, acquisition,
modification of facilities, and the continuation of projects
authorized in prior years, and land acquisition related
thereto), $17,300,000, to be allocated as follows:

Project 01-D-200, major office replacement building,
Schenectady, New York, $1,300,000.
Project 90-N-102, expended core facility dry cell project,
Naval Reactors Facility, Idaho, $16,000,000.

(B) For program direction, $21,400,000.
(b) Adjustment.--The total amount authorized to be
appropriated pursuant to paragraph (1) of subsection (a) is
the sum of the amounts authorized to be appropriated in
subparagraphs (A) through (D) of such paragraph reduced by
$95,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for environmental restoration and waste management in
carrying out programs necessary for national security in the
amount of $4,591,527,000, to be allocated as follows:
(1) Site/project completion.--For site project and
completion in carrying out environmental restoration and
waste management activities necessary for national security
programs in the amount of $1,010,951,000, to be allocated as
follows:
(A) For operation and maintenance, $941,475,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$69,476,000, to be allocated as follows:
Project 01-D-402, Intec cathodic protection system
expansion, Idaho National Engineering and Environmental
Laboratory, Idaho, $500,000.
Project 01-D-407, Highly Enriched Uranium (HEU) Blend-down,
Savannah River Site, Aiken, South Carolina, $27,932,000.
Project 99-D-402, tank farm support services, F&H area,
Savannah River Site, Aiken, South Carolina, $7,714,000.
Project 99-D-404, health physics instrumentation
laboratory, Idaho National Engineering and Environmental
Laboratory, Idaho, $4,300,000.
Project 98-D-453, plutonium stabilization and handling
system for plutonium finishing plant, Richland, Washington,
$1,690,000.
Project 97-D-470, regulatory monitoring and bioassay
laboratory, Savannah River Site, Aiken, South Carolina,
$3,949,000.
Project 96-D-471, chlorofluorocarbon heating, ventilation,
and air conditioning and chiller retrofit, Savannah River
Site, Aiken, South Carolina, $12,512,000.
Project 92-D-140, F and H canyon exhaust upgrades, Savannah
River Site, Aiken, South Carolina, $8,879,000.
Project 86-D-103, decontamination and waste treatment
facility, Lawrence Livermore National Laboratory, Livermore,
California, $2,000,000.
(2) Post-2006 completion.--For post-2006 project completion
in carrying out environmental restoration and waste
management activities necessary for national security
programs in the amount of $3,108,457,000, to be allocated as
follows:
(A) For operation and maintenance, $2,588,725,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$99,732,000, to be allocated as follows:
Project 01-D-403, immobilized high level waste interim
storage facility, Richland, Washington, $1,300,000.
Project 99-D-403, privatization phase I infrastructure
support, Richland, Washington, $7,812,000.
Project 97-D-402, tank farm restoration and safe
operations, Richland, Washington, $46,023,000.
Project 94-D-407, initial tank retrieval systems, Richland,
Washington, $17,385,000.
Project 93-D-187, high-level waste removal from filled
waste tanks, Savannah River Site, Aiken, South Carolina,
$27,212,000.
(3) Science and technology.--For science and technology in
carrying out environmental restoration and waste management
activities necessary for national security programs in the
amount of $196,548,000.
(4) Program direction.--For program direction in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$359,888,000.
(b) Adjustment.--The total amount authorized to be
appropriated in subsection (a) is the sum of the amounts
authorized to be appropriated in paragraphs (1) through (4)
of that subsection reduced by $84,317,000, to be derived from
offsets and use of prior year balances.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for other defense activities in carrying out programs
necessary for national security in the amount of
$557,122,000, to be allocated as follows:
(1) Intelligence.--For intelligence, $38,059,000, to be
allocated as follows:
(A) For operation and maintenance, $36,059,000.
(B) For plant projects (including maintenance, restoration,
planning, construction, acquisition, modification of
facilities, and the continuation of projects authorized in
prior years, and land acquisition related thereto),
$2,000,000, to be allocated as follows:
Project 01-D-800, Sensitive compartmented information
facility, Lawrence Livermore National Laboratory, Livermore,
California, $2,000,000.
(2) Counterintelligence.--For counterintelligence,
$45,200,000.
(3) Security and emergency operations.--For security and
emergency operations, $340,376,000, to be allocated as
follows:

[[Page H3254]]

(A) For nuclear safeguards and security, $124,409,000.
(B) For security investigations, $33,000,000.
(C) For emergency management, $93,600,000.
(D) For program direction, $89,367,000.
(4) Independent oversight and performance assurance.--For
independent oversight and performance assurance, $14,937,000.
(5) Environment, safety, and health.--For the Office of
Environment, Safety, and Health, $111,050,000, to be
allocated as follows:
(A) For environment, safety, and health (defense),
$88,446,000.
(B) For program direction, $22,604,000.
(6) Worker and community transition assistance.--For worker
and community transition assistance, $24,500,000, to be
allocated as follows:
(A) For worker and community transition, $21,500,000.
(B) For program direction, $3,000,000.
(7) Office of hearings and appeals.--For the Office of
Hearings and Appeals, $3,000,000.
(b) Adjustments.--The amount authorized to be appropriated
pursuant to subsection (a)(3)(B) is reduced by $20,000,000 to
reflect an offset provided by user organizations for security
investigations.

SEC. 3104. DEFENSE FACILITIES CLOSURE PROJECTS.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for closure
projects carried out in accordance with section 3143 of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in the
amount of $1,082,297,000.

SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

(a) In General.--Funds are hereby authorized to be
appropriated to the Department of Energy for fiscal year 2001
for privatization projects at various locations in carrying
out environmental restoration and waste management activities
necessary for national security programs in the amount of
$284,092,000.
(b) Explanation of Adjustment.--The amount authorized to be
appropriated in subsection (a) is the sum of the amounts
authorized to be appropriated for the projects in that
subsection reduced by $25,092,000 for use of prior year
balances of funds for defense environmental management
privatization.

SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2001 for payment to the
Nuclear Waste Fund established in section 302(c) of the
Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the
amount of $112,000,000.

Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

(a) In General.--Until the Secretary of Energy submits to
the congressional defense committees the report referred to
in subsection (b) and a period of 45 days has elapsed after
the date on which such committees receive the report, the
Secretary may not use amounts appropriated pursuant to this
title for any program--
(1) in amounts that exceed, in a fiscal year--
(A) 110 percent of the amount authorized for that program
by this title; or
(B) $1,000,000 more than the amount authorized for that
program by this title; or
(2) which has not been presented to, or requested of,
Congress.
(b) Report.--(1) The report referred to in subsection (a)
is a report containing a full and complete statement of the
action proposed to be taken and the facts and circumstances
relied upon in support of such proposed action.
(2) In the computation of the 45-day period under
subsection (a), there shall be excluded any day on which
either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain.
(c) Limitations.--(1) In no event may the total amount of
funds obligated pursuant to this title exceed the total
amount authorized to be appropriated by this title.
(2) Funds appropriated pursuant to this title may not be
used for an item for which Congress has specifically denied
funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

(a) In General.--The Secretary of Energy may carry out any
construction project under the general plant projects
authorized by this title if the total estimated cost of the
construction project does not exceed $5,000,000.
(b) Report to Congress.--If, at any time during the
construction of any general plant project authorized by this
title, the estimated cost of the project is revised because
of unforeseen cost variations and the revised cost of the
project exceeds $5,000,000, the Secretary shall immediately
furnish a complete report to the congressional defense
committees explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) In General.--(1) Except as provided in paragraph (2),
construction on a construction project may not be started or
additional obligations incurred in connection with the
project above the total estimated cost, whenever the current
estimated cost of the construction project, which is
authorized by section 3101, 3102, or 3103, or which is in
support of national security programs of the Department of
Energy and was authorized by any previous Act, exceeds by
more than 25 percent the higher of--
(A) the amount authorized for the project; or
(B) the amount of the total estimated cost for the project
as shown in the most recent budget justification data
submitted to Congress.
(2) An action described in paragraph (1) may be taken if--
(A) the Secretary of Energy has submitted to the
congressional defense committees a report on the actions and
the circumstances making such action necessary; and
(B) a period of 30 days has elapsed after the date on which
the report is received by the committees.
(3) In the computation of the 30-day period under paragraph
(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more
than 3 days to a day certain.
(b) Exception.--Subsection (a) shall not apply to any
construction project which has a current estimated cost of
less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

(a) Transfer to Other Federal Agencies.--The Secretary of
Energy may transfer funds authorized to be appropriated to
the Department of Energy pursuant to this title to other
Federal agencies for the performance of work for which the
funds were authorized. Funds so transferred may be merged
with and be available for the same purposes and for the same
period as the authorizations of the Federal agency to which
the amounts are transferred.
(b) Transfer Within Department of Energy.--(1) Subject to
paragraph (2), the Secretary of Energy may transfer funds
authorized to be appropriated to the Department of Energy
pursuant to this title between any such authorizations.
Amounts of authorizations so transferred may be merged with
and be available for the same purposes and for the same
period as the authorization to which the amounts are
transferred.
(2) Not more than five percent of any such authorization
may be transferred between authorizations under paragraph
(1). No such authorization may be increased or decreased by
more than five percent by a transfer under such paragraph.
(c) Limitation.--The authority provided by this section to
transfer authorizations--
(1) may only be used to provide funds for items relating to
activities necessary for national security programs that have
a higher priority than the items from which the funds are
transferred; and
(2) may not be used to provide funds for an item for which
Congress has specifically denied funds.
(d) Notice to Congress.--The Secretary of Energy shall
promptly notify the Committee on Armed Services of the Senate
and the Committee on National Security of the House of
Representatives of any transfer of funds to or from
authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

(a) Requirement for Conceptual Design.--(1) Subject to
paragraph (2) and except as provided in paragraph (3), before
submitting to Congress a request for funds for a construction
project that is in support of a national security program of
the Department of Energy, the Secretary of Energy shall
complete a conceptual design for that project.
(2) If the estimated cost of completing a conceptual design
for a construction project exceeds $3,000,000, the Secretary
shall submit to Congress a request for funds for the
conceptual design before submitting a request for funds for
the construction project.
(3) The requirement in paragraph (1) does not apply to a
request for funds--
(A) for a construction project the total estimated cost of
which is less than $5,000,000; or
(B) for emergency planning, design, and construction
activities under section 3126.
(b) Authority for Construction Design.--(1) Within the
amounts authorized by this title, the Secretary of Energy may
carry out construction design (including architectural and
engineering services) in connection with any proposed
construction project if the total estimated cost for such
design does not exceed $600,000.
(2) If the total estimated cost for construction design in
connection with any construction project exceeds $600,000,
funds for such design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND
CONSTRUCTION ACTIVITIES.

(a) Authority.--The Secretary of Energy may use any funds
available to the Department of Energy pursuant to an
authorization in this title, including those funds authorized
to be appropriated for advance planning and construction
design under sections 3101, 3102, and 3103, to perform
planning, design, and construction activities for any
Department of Energy national security program construction
project that, as determined by the Secretary, must proceed
expeditiously in order to protect public health and safety,
to meet the needs of national defense, or to protect
property.
(b) Limitation.--The Secretary may not exercise the
authority under subsection (a) in the case of any
construction project until the Secretary has submitted to the
congressional defense committees a report on the activities
that the Secretary intends to carry out under this section
and the circumstances making such activities necessary.
(c) Specific Authority.--The requirement of section
3125(b)(2) does not apply to emergency planning, design, and
construction activities conducted under this section.

SEC. 3127. AVAILABILITY OF FUNDS.

(a) In General.--Except as provided in subsection (b),
amounts appropriated for any activities under this title
pursuant to an authorization of appropriations in this title
shall remain available for obligation only until the later of
the following dates:
(1) October 1, 2003.
(2) The date of the enactment of an Act authorizing funds
for such activities for fiscal year 2004.
(b) Exception for Program Direction.--Amounts appropriated
for program direction pursuant to an authorization of
appropriations in this title shall remain available for
obligation only until the later of the following dates:
(1) October 1, 2001.

[[Page H3255]]

(2) The date of the enactment of an Act authorizing funds
for such program direction for fiscal year 2002.

SEC. 3128. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT
FUNDS.

(a) Transfer Authority for Defense Environmental Management
Funds.--The Secretary of Energy shall provide the manager of
each field office of the Department of Energy with the
authority to transfer defense environmental management funds
from a program or project under the jurisdiction of the
office to another such program or project.
(b) Limitations.--(1) Only one transfer may be made to or
from any program or project under subsection (a) in a fiscal
year.
(2) The amount transferred to or from a program or project
under subsection (a) may not exceed $5,000,000 in a fiscal
year.
(3) A transfer may not be carried out by a manager of a
field office under subsection (a) unless the manager
determines that the transfer is necessary to address a risk
to health, safety, or the environment or to assure the most
efficient use of defense environmental management funds at
the field office.
(4) Funds transferred pursuant to subsection (a) may not be
used for an item for which Congress has specifically denied
funds or for a new program or project that has not been
authorized by Congress.
(c) Exemption From Reprogramming Requirements.--The
requirements of section 3121 shall not apply to transfers of
funds pursuant to subsection (a).
(d) Notification.--The Secretary, acting through the
Assistant Secretary of Energy for Environmental Management,
shall notify Congress of any transfer of funds pursuant to
subsection (a) not later than 30 days after such transfer
occurs.
(e) Definitions.--In this section:
(1) The term ``program or project'' means, with respect to
a field office of the Department of Energy, any of the
following:
(A) A program referred to or a project listed in paragraph
(2) or (3) of section 3102.
(B) A program or project not described in subparagraph (A)
that is for environmental restoration or waste management
activities necessary for national security programs of the
Department, that is being carried out by the office, and for
which defense environmental management funds have been
authorized and appropriated before the date of the enactment
of this Act.
(2) The term ``defense environmental management funds''
means funds appropriated to the Department of Energy pursuant
to an authorization for carrying out environmental
restoration and waste management activities necessary for
national security programs.
(f) Duration of Authority.--The managers of the field
offices of the Department may exercise the authority provided
under subsection (a) during the period beginning on October
1, 2000, and ending on September 30, 2001.

Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. FUNDING FOR TERMINATION COSTS FOR TANK WASTE
REMEDIATION SYSTEM ENVIRONMENTAL PROJECT,
RICHLAND, WASHINGTON.

The Secretary of Energy may not use appropriated funds to
establish a reserve for the payment of any costs of
termination of any contract relating to the tank waste
remediation system environmental project, Richland,
Washington. Such costs may be paid from--
(1) appropriations originally available for the performance
of the contract concerned;
(2) appropriations currently available for privatization
initiatives in carrying out environmental restoration and
waste management activities necessary for national security
programs, and not otherwise obligated; or
(3) funds appropriated specifically for the payment of such
costs.

SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL NUCLEAR
SECURITY ADMINISTRATION AND BALLISTIC MISSILE
DEFENSE ORGANIZATION.

(a) Jointly Funded Projects.--The Secretary of Energy and
the Secretary of Defense shall modify the memorandum of
understanding for the use of 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), to
provide for jointly funded projects.
(b) Requirements for Projects.--The projects referred to in
subsection (a) shall--
(1) be carried out by the National Nuclear Security
Administration and the Ballistic Missile Defense
Organization; and
(2) contribute to sustaining--
(A) the expertise necessary for the viability of such
laboratories; and
(B) the capabilities required to sustain the nuclear
stockpile.
(c) Participation by NNSA in Certain BMDO Activities.--The
Administrator of the National Nuclear Security Administration
and the Director of the Ballistic Missile Defense
Organization shall implement mechanisms that increase the
cooperative relationship between those organizations. Those
mechanisms shall include participation by personnel of the
National Nuclear Security Administration in the following
activities of the Ballistic Missile Defense Organization:
(1) Peer reviews of technical efforts.
(2) Activities of so-called ``red teams''.

SEC. 3133. REQUIRED CONTENTS OF FUTURE-YEARS NUCLEAR SECURITY
PROGRAM TO BE SUBMITTED WITH FISCAL YEAR 2002
BUDGET AND LIMITATION ON THE OBLIGATION OF
CERTAIN FUNDS PENDING SUBMISSION OF THAT
PROGRAM.

(a) Findings.--Congress finds that:
(1) The budget justification materials submitted to
Congress in support of the budget for fiscal year 2001 did
not comply with the requirement of section 3251(b) of the
National Nuclear Security Administration Act (title XXXII of
Public Law 106-65; 113 Stat. 966; 50 U.S.C. 2451) that the
amounts requested for the National Nuclear Security
Administration be specified in individual, dedicated program
elements.
(2) The information submitted to Congress in support of
that budget did not comply with the requirement of section
3253(b) of such Act (50 U.S.C. 2453(b)) that a future-years
nuclear security program be submitted that contains--
(A) the estimated expenditures and proposed appropriations
necessary to support the programs, projects, and activities
of the Administration during the five-fiscal year period
covered by the program, expressed in a level of detail
comparable to that contained in the budget; and
(B) a description of the anticipated workload requirements
for each Administration site during that five-fiscal year
period.
(b) Required Detail for Future-Years Nuclear Security
Program Submitted with Fiscal Year 2002 Budget.--The future-
years nuclear security program submitted in connection with
the budget for fiscal year 2002 shall, at a minimum, and in
addition to the information required to be contained in such
program by section 3253 of such Act (50 U.S.C. 2453), include
the following information:
(1) A detailed description of proposed program elements for
directed stockpile work, campaigns, readiness in technical
base and facilities, nonproliferation and national security,
fissile materials disposition, and naval reactors, and for
their associated projects, activities, and construction
projects, during the five-fiscal year period covered by such
program.
(2) A statement of proposed budget authority, proposed
expenditures, and proposed appropriations necessary to
support each proposed program element specified in paragraph
(1).
(3) A detailed description of how the funds identified for
each proposed program element specified in paragraph (1) in
the budget of the Administration for each fiscal year during
the five-fiscal year period covered by such program will help
ensure that the nuclear weapons stockpile is safe and
reliable as determined in accordance with the criteria
established under section 3158 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 112 Stat. 2257; 42 U.S.C. 2121 note).
(c) Limitation on Obligation of Certain Funds.--The
Administrator for Nuclear Security may not obligate more than
50 percent of the funds described in subsection (d) until 30
days after the Administrator submits the future-years nuclear
security program required to be submitted in connection with
the budget for fiscal year 2002.
(d) Covered Funds.--Funds referred to in subsection (c) are
funds appropriated or otherwise available to the
Administrator for Program Direction within any National
Nuclear Security Administration budget account for fiscal
year 2001.

SEC. 3134. LIMITATION ON OBLIGATION OF CERTAIN FUNDS.

(a) Limitation.--The Secretary of Energy may not obligate
any funds appropriated or otherwise made available to the
Secretary for fiscal year 2001 for the purpose of
infrastructure upgrades or maintenance in an account
specified in subsection (b) for any other purpose.
(b) Covered Accounts.--An account referred to in subsection
(a) is any Construction account or Readiness in Technical
Base and Facilities account within any National Nuclear
Security Administration budget account.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year
2001, $17,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301. AUTHORIZED USES OF STOCKPILE FUNDS.

(a) Obligation of Stockpile Funds.--During fiscal year
2001, the National Defense Stockpile Manager may obligate up
to $70,500,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.

SEC. 3302. USE OF EXCESS TITANIUM SPONGE IN THE NATIONAL
DEFENSE STOCKPILE TO MANUFACTURE DEPARTMENT OF
DEFENSE EQUIPMENT.

(a) Transfer Authorized.--Upon the request of the Secretary
of a military department or the director of a defense agency,
the Secretary of Defense may transfer excess titanium sponge
in the National Defense Stockpile for use in manufacturing
equipment to be used by the Armed Forces. The quantity of
titanium sponge transferred under this section may not exceed
20,000 short tons.
(b) Nonreimbursable.--Any transfer of excess titanium
sponge under this section shall be

[[Page H3256]]

made without reimbursement, except that the recipient of the
material shall be responsible for all transportation and
related costs incurred in connection with the transfer.
(c) Relationship to Other Disposal Authority.--Any request
by the Secretary of the Army for the transfer of titanium
sponge pursuant to section 3305 of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 630) takes precedence over any transfer request
received under this section.

TITLE XXXIV--MARITIME ADMINISTRATION

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2001.

Funds are hereby authorized to be appropriated for fiscal
year 2001, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $94,160,000.
(2) For expenses under the loan guarantee program
authorized by title XI of the Merchant Marine Act, 1936 (46
App. U.S.C. 1271 et seq.), $54,179,000, of which--
(A) $50,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $4,179,000 is for administrative expenses related to
loan guarantee commitments under the program.

SEC. 3402. EXTENSION OF PERIOD FOR DISPOSAL OF OBSOLETE
VESSELS IN THE NATIONAL DEFENSE RESERVE FLEET.

(a) Extension.--Section 6(c)(1)(A) of the National Maritime
Heritage Act of 1994 (16 U.S.C. 5405(c)(1)(A)) is amended by
striking ``2001'' and inserting ``2006''.
(b) Utilization of Foreign Scrapping.--Section 6(c)(1) of
such Act (16 U.S.C. 5405(c)(1)) is amended--
(1) in subparagraph (B) by striking ``and'' after the
semicolon;
(2) in subparagraph (C)--
(A) by striking ``in accordance with'' and inserting
``subject to subparagraph (D), in accordance with''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(D) to the maximum extent possible, by scrapping outside
of the United States.''.
(b) Plan for Completion of Disposal.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Transportation shall submit to the Congress a
plan for completing disposal of vessels in the National
Defense Reserve Fleet in accordance with section 6(c) of the
National Maritime Heritage Act of 1994 (16 U.S.C. 5405), as
amended by subsection (a), including--
(1) a description of resources required for such
completion; and
(2) a determination of the extent to which such vessels
will be disposed of by scrapping outside of the United
States.

SEC. 3403. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET
VESSEL, GLACIER.

(a) Authority To Convey.--The Secretary of Transportation
(in this section referred to as ``the Secretary'') may,
subject to subsection (b), convey all right, title, and
interest of the United States Government in and to the vessel
in the National Defense Reserve Fleet that was formerly the
U.S.S. GLACIER (United States official number AGB-4) to the
Glacier Society, Inc., a corporation established under the
laws of the State of Connecticut that is located in
Bridgeport, Connecticut (in this section referred to as the
``recipient'').
(b) Terms of Conveyance.--
(1) Required conditions.--The Secretary may not convey a
vessel under this section unless the recipient--
(A) agrees to use the vessel for the purpose of a monument
to the accomplishments of members of the Armed Forces of the
United States, civilians, scientists, and diplomats in
exploration of the Arctic and the Antarctic;
(B) agrees that the vessel will not be used for commercial
purposes;
(C) agrees to make the vessel available to the Government
if the Secretary requires use of the vessel by the Government
for war or national emergency;
(D) agrees to hold the Government harmless for any claims
arising from exposure to asbestos, polychlorinated biphenyls,
or lead paint after the conveyance of the vessel, except for
claims arising from use of the vessel by the Government
pursuant to the agreement under subparagraph (C); and
(E) provides sufficient evidence to the Secretary that it
has available for use to restore the vessel, in the form of
cash, liquid assets, or a written loan commitment, financial
resources of at least $100,000.
(2) Delivery of vessel.--If the Secretary conveys the
vessel under this section, the Secretary shall deliver the
vessel--
(A) at the place where the vessel is located on the date of
conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(3) Additional terms.--The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) Other Unneeded Equipment.--If the Secretary conveys the
vessel under this section, the Secretary may also convey to
the recipient any unneeded equipment from other vessels in
the National Defense Reserve Fleet or Government storage
facilities for use to restore the vessel to museum quality or
to its original configuration (or both).
(d) Retention of Vessel in NDRF.--The Secretary shall
retain in the National Defense Reserve Fleet the vessel
authorized to be conveyed under this section until the
earlier of--
(1) 2 years after the date of the enactment of this Act; or
(2) the date of the conveyance of the vessel under this
section.
Amend the title so as to read: ``A bill to authorize
appropriations for fiscal year 2001 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes.''.

The CHAIRMAN pro tempore. No amendment to the committee amendment in
the nature of a substitute is in order except amendments printed in
House Report 106-621 or specified by subsequent order of the House,
amendments en bloc described in section 3 of House Resolution 503, and
pro forma amendments offered by the chairman and ranking minority
member.
Except as specified in section 5 of the resolution, each amendment
printed in the report shall be considered only in the order printed,
may be offered only by a Member designated in the report, shall be
considered read, and shall not be subject to a demand for a division of
the question.
Unless otherwise specified in the report, each amendment printed in
the report shall be debatable for 10 minutes, equally divided and
controlled by the proponent and an opponent of the amendment, and shall
not be subject to amendment, except that the chairman and ranking
minority member each may offer one pro forma amendment for the purpose
of further debate on any pending amendment.
It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of or germane
modifications of any such amendment.
The amendments en bloc shall be considered read, except that
modifications shall be reported, shall be debatable for 40 minutes,
equally divided and controlled by the chairman and ranking minority
member, or their designees, shall not be subject to amendment and shall
not be subject to a demand for the division of the question.
The original proponent of an amendment included in the amendments en
bloc may insert a statement in the Congressional Record immediately
before disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may postpone a request for
a recorded vote on any amendment and may reduce to a minimum of 5
minutes the time for voting on any postponed question that immediately
follows another vote, provided that the time for voting on the first
question shall be a minimum of 15 minutes.
The Chairman of the Committee of the Whole may recognize for
consideration of amendments printed in the report out of the order in
which they are printed, but not sooner than 1 hour after the chairman
of the Committee on Armed Services or a designee announces from the
floor a request to that effect.
It is now in order to consider Amendment No. 1 printed in House
Report 106-621.

Amendment No. 1 Offered by Mr. Kasich

Mr. KASICH. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 1 offered by Mr. Kasich:
At the end of title XII (page 338, after line 13), insert
the following new section:

SEC. 1205. ACTIVITIES IN KOSOVO.

(a) Contingent Required Withdrawal of Forces From Kosovo.--
If the President does not submit to Congress a certification
under subsection (c) and a report under subsection (d) before
April 1, 2001, then, effective on April 1, 2001, funds
appropriated or otherwise made available to the Department of
Defense may not be obligated or expended for the continued
deployment of United States ground combat forces in Kosovo.
Such funds shall be available with respect to Kosovo only for
the purpose of conducting a safe, orderly, and phased
withdrawal of United States ground combat forces from Kosovo,
and no other amounts appropriated for the Department of
Defense in this Act or any other Act may be obligated to
continue the deployment of United States ground combat forces
in Kosovo. In that case, the President shall submit to
Congress, not later than April 30, 2001, a report on the plan
for the withdrawal.

[[Page H3257]]

(b) Waiver Authority.--(1) The President may waive the
provisions of subsection (a) for a period or periods of up to
90 days each in the event that--
(A) United States Armed Forces are involved in hostilities
in Kosovo or imminent involvement by United States Armed
forces in hostilities in Kosovo is clearly indicated by the
circumstances; or
(B) the North Atlantic Treaty Organization, acting through
the Supreme Allied Commander, Europe, requests emergency
introduction of United States ground forces into Kosovo to
assist other NATO or non-NATO military forces involved in
hostilities or facing imminent involvement in hostilities.
(2) The authority in paragraph (1) may not be exercised
more than twice unless Congress by law specifically
authorizes the additional exercise of that authority.
(c) Certification.--Whenever the President determines that
the Kosovo burdensharing goals set forth in paragraph (2)
have been achieved, the President shall certify in writing to
Congress that those goals have been achieved.
(2) The Kosovo burdensharing goals referred to in paragraph
(1) are that the European Commission, the member nations of
the European Union, and the European member nations of the
North Atlantic Treaty Organization have, in the aggregate--
(A) obligated or contracted for at least 50 percent of the
amount of the assistance that those organizations and nations
committed to provide for 1999 and 2000 for reconstruction in
Kosovo;
(B) obligated or contracted for at least 85 percent of the
amount of the assistance that those organizations and nations
committed for 1999 and 2000 for humanitarian assistance in
Kosovo;
(C) provided at least 85 percent of the amount of the
assistance that those organizations and nations committed for
1999 and 2000 for the Kosovo Consolidated Budget; and
(D) deployed at least 90 percent of the number of police,
including special police, that those organizations and
nations pledged for the United Nations international police
force for Kosovo.
(d) Report on Commitments and Pledges by Other Nations and
Organizations.--The President shall submit to Congress a
report containing detailed information on--
(1) the commitments and pledges made by the European
Commission, each of the member nations of the European Union,
and each of the European member nations of the North Atlantic
Treaty Organization for reconstruction assistance in Kosovo,
humanitarian assistance in Kosovo, the Kosovo Consolidated
Budget, and police (including special police) for the United
Nations international police force for Kosovo;
(2) the amount of assistance that has been provided in each
category, and the number of police that have been deployed to
Kosovo, by each such organization or nation; and
(3) the full range of commitments and responsibilities that
have been undertaken for Kosovo by the United Nations, the
European Union, and the Organization for Security and
Cooperation in Europe (OSCE), the progress made by those
organizations in fulfilling those commitments and
responsibilities, an assessment of the tasks that remain to
be accomplished, and an anticipated schedule for completing
those tasks.
(e) Construction of Section.--Nothing in this section shall
be deemed to restrict the authority of the President under
the Constitution to protect the lives of United States
citizens.

The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the
gentleman from Ohio (Mr. Kasich) and a Member opposed each will control
30 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Kasich).
Mr. KASICH. Mr. Chairman, I yield myself such time as I may consume.
I think the Members of the House will remember that just a short
period of time ago the gentleman from Connecticut (Mr. Shays), the
gentleman from Massachusetts (Mr. Frank), the gentleman from California
(Mr. Condit), the gentleman from Alabama (Mr. Bachus) and I came to the
floor with an amendment on Kosovo. The thrust of our amendment was to
force the Europeans, who had made pledges to us in Kosovo, to live up
to the pledges that they made.
They were going to help us in four specific areas of Kosovo activity,
and they were going to be in such areas as civilian administration,
reconstruction, and police activities. The fact is that we had felt at
the time that the allies, who had agreed to be involved with us, had in
fact not contributed the kind of money that they said that they would
give in these areas of reconstruction and police and a civil budget and
humanitarian aid.
What we had been urging is the fact that since the Europeans, when
put all together, have an economy, a GDP that is, when looked at,
essentially the same as ours. As we can see when we take a look at all
of NATO and Europe, their GDP is $8.3 trillion, ours being $8.9
trillion. Relatively similar. The defense spending of $283 billion by
us, $180 billion by them. We felt as though they were not really
carrying the load.
In fact, that since our European allies had made a commitment to
putting up and honoring the pledges they made in terms of all of our
involvements in Kosovo, that we ought to at least keep their feet to
the fire when it comes to getting them to live up just to the
commitments that they made. Not commitments that we had established,
but rather commitments that they had pledged.
The fact is that since Senator Warner, the gentleman from Virginia,
has turned up the heat on our European allies, along with the action in
this House, we have, in fact, seen some improvement, but we have not
seen all the improvement that we look for.
The vote that we had on the House floor about a month ago was very,
very close. And there were a number of arguments against it that were
related to the fact that there was not a presidential waiver for
national security purposes, and that, secondly, the funding and the way
in which the funding was going to be withdrawn from our activities in
Kosovo would actually harm the readiness of our forces.
We did not agree with either of the charges, but since we fell short,
we thought we needed to go back and review the legitimate questions
that arose from the amendment that we had. And we felt that if we made
improvements, that we could be constructive in our improvements, that
we could win this vote and, in fact, we could send a strong message to
our European allies that they ought to keep their pledge.
Let me just show my colleagues for a second what we are talking about
in terms of our European allies. In the area of reconstruction aid, the
original pledge was $402 million to help with reconstruction, but the
actual payments have only been $93 million. We feel as though the
Europeans ought to take the $93 million and, in fact, honor the pledge
that they had made.
Secondly, in the area of police in Kosovo, and as I think we all know
when we look at so many of the actions in Kosovo right now, we do
recognize that the activity of the police, both civilian and special
police, are very important in terms of maintaining some sense of
stability in Kosovo. What the U.N. requested was that the Europeans
contribute approximately 4,700 police. The European pledge was 1,200.
But they have only agreed to provide 808 police for purposes of
civilian administration.
What we are arguing is that the European allies, our NATO allies,
have relatively the same size economy as the United States; that we
carry far more of the load when it comes to the amount of resources we
dedicate for defense; and that we have been in Kosovo now for a
significant period of time, and in Bosnia, in the Balkans. In fact, if
we take a look at Bosnia and Kosovo, we can see that between 1993 and
2001, we will have expended over $20 billion. What we are asking for is
that the Europeans, our NATO allies, honor the pledges that they made.
We have provided the President of the United States a presidential
waiver; that the President could request a 90-day waiver on the
withdrawal of American forces if in fact our allies do not step up to
the plate. The President would have a second 90-day waiver and, in
fact, he could come a third time. But on the third time it would force
a vote of this House.
I really do not think that the waivers are going to be that critical.
Because I think if the House today says that we are urging our European
allies to keep their pledge, to keep their commitment, when we take a
look at it in terms of the commitment that the United States has made
and the amount of resources that have been expended, it is very
reasonable for us to call on our European allies to live up to their
pledge.

{time} 1345

We have given the President flexibility. We also do not withhold any
funds at the current time. This amendment would not take effect until
April 1, 2001.
Now, I would say to my colleagues that I think we all feel strongly
about burdensharing and the proper way to do it. We all have our
disagreements

[[Page H3258]]

about the proper policy in Kosovo. And, in fact, in the United States
Senate, an amendment passed that I personally support that would
withdraw American forces from Kosovo in a definite period of time.
I do not believe that that policy can pass this House. But I believe
that what can pass this House and, I hope, pass the Senate and
ultimately be signed into law is a provision that says to our European
allies, live up to the pledge that they made, be a good partner with us
in terms of our activities in the Balkans, which send a message to the
Europeans far beyond just the Balkans.
I want the House to know that we listened carefully to the objections
of this amendment the last time around and we, as a group, have made a
real effort to try to answer those legitimate objections that were
raised on this House floor.
I think with the presidential waiver in order and with the fact that
we withhold no funds at the present and wait until October 1, 2001, to
actually act would give the Europeans enough time to practically be
able to meet their pledge.
I think if they would meet their pledge, it would ensure a sense of
solidarity between all NATO partners. I think it would restore a sense
of equity between us, the United States, who have done so much in the
Balkans and our NATO allies, and the continent where they live would
begin to do more of what they say they want to do. And I think, in a
way, it would be a very strong message that NATO needs to be not just a
one-way partnership but, frankly, a partnership among everyone with
everybody expected to provide the resources that they are able to
provide in order to carry out mutual security concerns.
Again, I would rather have not been in Kosovo. I would love to see a
time certain for withdrawal of American forces so that people in the
region can handle the situation that exists, which I believe that they
can.
But that is not what this amendment addresses. This amendment is
neutral on the issue of whether we belong or do not belong in Kosovo.
But it is not neutral on the fact that, when our allies make pledges,
when the time comes for them to keep their pledge, we must keep their
feet to the fire.
I believe if the House passes this amendment, in my judgment, I think
we will see the Europeans begin to do much better in these areas where
they have fallen short. And I think the more heat we keep on, the more
effective it is not just for our soldiers, but also for the American
taxpayer and, I think, for mutual security.
So I would urge passage of the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I rise in opposition to the amendment.
The CHAIRMAN pro tempore (Mr. LaHood). The gentleman from Missouri
(Mr. Skelton) is recognized for 30 minutes.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong opposition to the Kasich amendment.
This amendment would have the perverse effect of holding our national
security interests in Europe, and indeed the safety and well-being of
our military forces there hostage to what other nations do.
I do not believe that how we exercise our national security policy
should be determined by the actions of other countries. Moreover, this
amendment would be unlikely to encourage our European allies to do more
burdensharing. I believe it would invalidate the trust that our allies
and NATO have in us, it would undermine American leadership worldwide,
and would encourage renewed ethnic tension, fighting and instability in
that sad part of the world, the Balkans.
We all understand and I agree that our European allies should take on
a larger share of the costs and the risks associated with the conduct
of military operations and efforts to secure sustainable peace in
Kosovo. And I firmly believe we should continue to press our allies to
do more to live up to their commitments in the region. But we should
not act precipitously and undo the gains we have made just because our
allies do not quite measure up on time, though they have done a
relatively good job of doing so.
I am convinced that this amendment does much more harm than good. It
sends exactly the wrong message to both our allies as well as our
adversaries. By setting a specific deadline for the pullout of American
forces, the amendment would signal to the Albanians the limits of
national security guarantees providing for their protection. Mr.
Milosevic would know that all he needs to do is wait, and after the
first of April next year, he can effectively resume his campaign of
ethnic cleansing and genocide, leading to an additional holocaust. The
people of Montenegro, who have thus far resisted Serbian hegemony,
would become vulnerable to takeover. The conflict could spread to
Macedonia.
At the same time, our European allies will see this measure as a
unilateral move that splits 50 years of shared efforts in NATO. There
is no doubt that European stability will be compromised. While it
purports to send a message that the Europeans must bear a greater share
of the burdens leading to regional peace, it transmits
counterproductive ultimatums. It fails to realize that our European
allies already make substantial contributions to alliance security, and
those contributions have significantly increased over the last several
years.
I have communicated my concerns to General Ralston, the NATO
commander, and he essentially shares my views. In addition to the
adverse implications this amendment would have on U.S. leadership in
the region and in the world, he is concerned about the impact of this
amendment on the morale of U.S. military forces who have unselfishly,
under conditions of extreme hardship and personal sacrifices,
contributed so much to achieve peace in that sad part of the world.
This amendment sends a message that can only undermine the confidence
of our service members about our national resolve and will inevitably
call into question the sacrifices that we have already asked them to
make.
The simple fact is that the United States is the world's lone
superpower. All over the world, nations look up to our country. We are
their inspiration. We are their role model. We are their hope for the
future.
The likelihood of NATO enlargement, led by the United States, and the
prospect of expanding the peace and stability in Eastern Europe, as
well as in the Balkans, would be gravely jeopardized by this amendment.
The stabilizing force that NATO represents would be undercut by this
amendment, which would effectively curtail U.S. commitment and
influence in Europe.
This is an ill-conceived amendment that is not in our national
interest. It should be defeated. I urge my colleagues to vote against
it.
Mr. Chairman, I reserve the balance of my time.
Mr. SHAYS. Mr. Chairman, I ask unanimous consent that I may control
the time in support of the amendment.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Connecticut?
There was no objection.
Mr. SHAYS. Mr. Chairman, I reserve the balance of the time.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Connecticut (Mr. Gejdenson).
Mr. GEJDENSON. Mr. Chairman, in the entire time the United States has
spent involved in conflicts around the world, there has never been an
instance where our European allies have played as significant a role.
Our role here is among the smallest of any engagement that we have
had. We are now in a position where the European forces are the
overwhelming part of the military; and they are, not in every instance,
not in every account, but shouldering their burden for the first time.
All of us believe in burdensharing. The question is, what is the
process for the Congress to speak its will? The idea that we will
choose a point in the future where there is an automatic trigger is a
somewhat cowardly act. It seems to me, if we want to pull out American
forces, pick the date, come to the floor, and do it.
The worst of all worlds is to tell Mr. Milosevic, if he can somehow
drive out one or two of our European partners, if he can get them to
back off so they fall below 85 percent, 84 percent, wherever that magic
number we pick is, that Mr. Milosevic will be able to feel that he

[[Page H3259]]

can once again take control of the region.
The Europeans are taking up a broader share of the responsibility
than ever. Not just here. They are beginning an initiative that
frustrates some of our colleagues to set up a coordinated military
operation in Europe, so they can play a fuller role as a partner in
engagements.
We are in political season here. There are not many things the
Republicans and Democrats end up agreeing on. There is one thing that
both the Republican apparent nominee, Mr. Bush, and the Democratic
apparent nominee, Mr. Gore, agree on; and that is that this proposal is
a bad idea. They offer burdensharing. This administration has done more
for getting the Europeans to increase their burden than any
administration in the history of this country.
What are we doing in the midst of that? We are going to come out here
with some bravado and claim that somehow we are going to force the
accountants to do a better job.
Do not undermine what we have done. Reject this amendment.
Mr. SKELTON. Mr. Chairman, I yield 3\1/4\ minutes to the
distinguished gentleman from New York (Mr. Gilman).
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, I rise in opposition to this amendment. While I do not
object to the intention of the gentleman from Ohio (Mr. Kasich) to
ensure adequate burdensharing between our Nation and our European
allies for humanitarian and economic reconstruction and related
expenses in Kosovo, I do not believe that it is appropriate to link our
military mission in Kosovo to that worthy goal.
As the author of H.R. 4053, which does place a cap on our overall
foreign assistance to the region of southeastern Europe, including
Kosovo, of some 15 percent, I strongly believe that, given the size and
scope of other commitments around the world, that our Nation's
contribution to the stability in the region where Europe bears the
primary responsibility needs to be fair but limited.
What H.R. 4053 does, however, in the event that our European allies
fail to do their fair share, is to reduce our relevant foreign aid in
subsequent years.
I believe that this is the appropriate way to leverage European
contributions in the Balkans. I am concerned that by linking the issue
of sharing the foreign aid burden in Kosovo to our military mission, we
raise serious questions with regard to the reliability of American
commitment, the quality of our leadership, and our belief in the
continued value of the trans-Atlantic relationship.
We need to be mindful, my colleagues, that these kinds of debate, as
healthy as they may be for educating ourselves and our constituents, do
not take place in any vacuum. Europe is at an important watershed in
terms of arrangements for creating its own security and its own defense
policy.
We are working extremely hard to influence Europe's debate on its
future defense and security policy to make certain that Europe develops
increased military capabilities, to avoid discrimination against those
members of NATO that are not part of the European Union, and to prevent
any decoupling of our European allies from North America.
There are forces in Europe that would like to see America's role and
influence weakened. Let us not let this amendment play into the hands
of those forces that want to decouple the United States from our
historic role in the trans-Atlantic relationship.
I am also concerned that the timetable created by this amendment
requiring a key foreign policy decision by the next administration so
early in the tenure would be an unfair burden on our new President,
whether he be Republican or Democrat. In the event the President was
unable to make this certification on burdensharing required by this
amendment or to justify an exercise of the waivers it provides, he
would have to begin a withdrawal of U.S. forces from Kosovo almost as
soon as he took his hand off the inaugural Bible.
Our friends in Europe have received the message, thanks to debates on
measures similar to this that have already occurred in the Congress.
And Europe is doing more in terms of shouldering the burden in Kosovo.
Let us not saddle this important appropriations legislation with this
kind of an untimely provision.
Accordingly, I urge my colleagues to defeat this amendment.

{time} 1400

Mr. SHAYS. Mr. Chairman, I yield 4\1/4\ minutes to the gentleman from
Massachusetts (Mr. Frank), a chief cosponsor of this amendment.
Mr. FRANK of Massachusetts. Mr. Chairman, I am sorry that my friend
from Connecticut, the ranking member of the Committee on International
Relations was unfortunately called off the floor because I am going to
express my strong disagreement with him, and he is one of my closest
friends in this institution. Indeed, he and I share a common ethnic
heritage. It is an ethnic heritage which has an affinity for certain
foods. So I would not have been surprised to have my friend from
Connecticut down here talking about pickled herring or schmaltz
herring, but when he comes down here with a red herring, I am a little
bit disappointed.
Certainly the suggestion that this is a means of getting us out of
Kosovo is the reddest of red herrings. I only hope he will never serve
it to me when we dine together.
This is not an effort to get us out of Kosovo. Some Members want us
to do that. But that is not what this is. Indeed people who
simultaneously tell us that they have great faith in our allies and
also that they do not want to go out of Kosovo must not be talking
about this amendment.
Here is what this amendment says on page 3. Our European allies have
to put up 50 percent of what they said for reconstruction, 85 percent
of what they have pledged for humanitarian assistance, 85 percent of
their pledges, and this is just for this year and next year, and 90
percent for police. In other words, this amendment will have no effect
if our European allies put up 50 to 90 percent of what they pledge.
Now, my friend from Connecticut said, well, they have been doing most
of the lifting here. I guess I must have been under a misapprehension
when I saw all those planes flying in Kosovo and bombing Serbia. I
could have sworn they were American planes. But my eyesight is not what
it has been. Maybe they were Belgian planes, maybe they were Italian
and Portuguese and Norwegian planes. It is hard to tell from very far
away. But my impression was that it was the United States taxpayer and
the United States Defense Department that carried most of the burden of
that air war.
We are not suggesting that they do that in our stead. We do not think
they can do that. We are saying once that combat phase is over and we
are in the policing phase and the peacekeeping phase, Europe ought to
do it.
Now, the United States is alone in South Korea with no European help.
That is appropriate. The United States carries the burden in the Middle
East. Does Europe not ever get the primary responsibility anywhere?
This is, after all, Europe.
Now, my friends say, oh, but they are doing this, they are doing this
because you have already raised it. Well, yes, every time we raise an
issue about burdensharing, the establishment, the Defense Department,
the State Department, and I agree, it is nonpartisan. My friend from
Connecticut said it, Bush said it and Gore said it, that is true. And
Albright says it and Cohen says it and Kissinger said it and Weinberger
said it. They all say it. Once you become a very important foreign
policy person, with this comes the obligation to absolve our European
allies of any financial responsibility. I think it is right there in
your council on foreign relations membership card. But it is wrong,
because we have been proven right. Every time we have come forward with
a burdensharing argument, they have predicted terrible consequences.
And then afterwards they take credit for the favorable consequences
that resulted from our raising the argument.
The answer here is a very simple one. Europe lives up to a
substantial percentage of the commitments it made. Our European allies
jointly have a population and an economy larger than ours. We are not
asking them to take

[[Page H3260]]

our difficult combat operations here. We are not asking them to
duplicate American air and sea power. We are not withdrawing the 6th
Fleet. We are saying that in the continent of Europe where you have
such an interest as well as us, we will do the things that you cannot
do, that we can only do, the combat, but you can do the policing.
Members here have said again and again on both sides, we have
overstrained our military, they are overcommitted. What we are saying
is instead of sending Americans to do peacekeeping 4,000 miles, let us
ask Germans, Italians, French and others to go a few hundred miles. Let
us have them do what they can do. That is what this amendment calls
for.
If Members believe that the allies are going to live up to what they
said they were going to do, if indeed they believe they are going to
live up to between 80 and 90 percent of what they said they can do,
they can safely vote for this amendment because it will then have no
negative effect. Everything will work out as it should.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
New York (Mrs. Kelly).
Mrs. KELLY. Mr. Chairman, I rise in strong opposition to the
amendment offered by our colleagues which seeks to set conditions on
our peacekeeping mission in Kosovo that will only threaten the future
of peace and stability that we have worked so hard to achieve.
The fact is, Mr. Chairman, we have much to be encouraged by in the
changes that have taken place in Kosovo over the past year since the
NATO air campaign commenced. But we also face much uncertainty in
Kosovo and whether its future will be colored by peace, stability and
economic growth or instability and continued hostility from the
Milosevic regime to the north.
I am convinced that Kosovo will be doomed to continued hostility from
the Milosevic regime if the United States and the international
community turns its back on Kosovo at this delicate stage.
Unfortunately, this amendment sends a troubling signal. The implication
is that instead of following through from our successful military
action to helping build peace and stability, we are contemplating a
pullout. I can assure my colleagues that the principal beneficiary of
this policy will be Serbian strongman Slobodan Milosevic, not the
people of Kosovo and not the cause of peace.
Texas Governor George Bush, Senator John McCain, Defense Secretary
William Cohen and General Wesley Clark, the former NATO commander in
Europe, have all expressed their opposition to efforts in Congress to
force our withdrawal from the peacekeeping effort in Kosovo. While many
legitimately question the administration's past handling of the Kosovo
issue, all of these distinguished leaders view our deployment in Kosovo
as an indication of America's commitment to peace in this troubled
region, a commitment that should not be compromised and should not be
weakened.
I urge my colleagues to heed this clearheaded thinking and oppose
this amendment.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Virginia (Mr. Sisisky).
(Mr. SISISKY asked and was given permission to revise and extend his
remarks.)
Mr. SISISKY. Mr. Chairman, I rise today in opposition to the Kasich
amendment. Legislating a date certain for the withdrawal of U.S. ground
forces, I believe, is the worst action we as a body could do to further
the goal of achieving peace and stability in the region. I for one am
especially sensitive to the need for all of our allies to assume a
larger share of the costs and risks for the conduct of military
operations and efforts to secure a more stable international
environment.
There is no question about it, NATO should do more. They have heard
me and many of my colleagues here express our sentiments on this matter
at every NATO forum we have participated in, and we are doing much
better. Look at the current facts on NATO and allied participation.
NATO and our allies are currently providing the lion's share of the
military forces and funding for reconstruction efforts. I am also
convinced that the Congress, in its oversight role, should continue to
press NATO and our allies to do more, but we must exercise the
responsibility in a responsible manner. The amendment simply does not
measure up to that standard. Can you imagine the reaction to this date
certain amendment in Belgrade, Montenegro, Macedonia and Albania?
No matter what is said and done, at the end of the day, we cannot
afford to allow our concern about the participation of other countries
harm U.S. security interests.
I think General Wes Clark had it about right in responding to a
similar amendment offered in the other body. He said:

In all of our activities in NATO, the appropriate
distribution of burdens and risks remains a longstanding and
legitimate issue among nations. Increased European burden
sharing is an imperative in Europe as well as in the United
States. European nations are endeavoring to meet this
challenge in Kosovo, and in the whole KFOR and UNMIK
constitute a burden sharing success story, even as we
encourage the Europeans to do even more. The United States
must continue to act in our own best interest.

This amendment should be defeated and I urge my colleagues to vote
against it.
Mr. SHAYS. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Condit), the chief sponsor of this amendment.
(Mr. CONDIT asked and was given permission to revise and extend his
remarks.)
Mr. CONDIT. Mr. Chairman, I rise today in support of the amendment.
As has been indicated, this amendment is not about whether or not the
United States will do the heavy carrying or carry the heavy load. We
are willing to do that. We have said that we will do that. What this is
about is asking our allies to keep their promise for money and
manpower.
Now, I do not believe our allies have kept their commitment on any of
the promises that they have made and I am a bit surprised to come to
the floor and learn that Members would not be supportive of requiring
our allies to meet their commitment. It is pretty simple. We are
honoring our commitment with our tax dollars, and more precious than
that, we are honoring our commitment with our men and women who serve
in the military. It seems to me, at a minimum, we could ask our allies
to honor their commitment which kind of makes me suspicious if we ever
really intended on them keeping their commitment if we are not willing
to take some action to see that they do.
Let me also say that there are broader implications for me and a lot
of people in this House over this kind of issue, whether or not we are
willing to put the hammer down on our allies and our partners when we
make agreements. In a few weeks we will be taking up PNTR where we will
be asked to look at an agreement with China. Now, what kind of message
are we sending to the people who negotiate that agreement if we are not
willing at some point to put the hammer down to our allies and to our
partners who do not honor the agreements they make with us?
I think that we are doing the right thing today in saying that we are
going to take some kind of action or we are not going to participate
with you as an ally or as a partner if you are not willing to honor
your agreement. The American people are suspicious when we go into
these kind of agreements that we are going to shoulder the full load
and that is usually what happens.
I would ask all of my colleagues today to support this amendment. I
think that we are willing to shoulder the big burden here, but we want
our partners to do the same.
Mr. Chairman, I rise in strong support of this amendment and I do so
for one very compelling reason. We need to send a strong and clear
message today to our European allies. That message is this: Keep your
word. Our commitment depends on you keeping your word.
You've heard over and over again what this amendment does. Very
frankly, this is a simple tool to make our European allies honor their
word. We have consistently met our obligations--even exceeded them.
What this all comes down to is this. Our allies made lots or promises
to help rebuild Kosovo and conduct peacekeeping operations. They
promised money and manpower. But Mr. Chairman, mostly these have been a
lot of hollow promises. The truth of the matter is, they have failed to
live up to their word.
In the next week or so this House will take up China PNTR. I would
ask my colleagues--those who fancy themselves as internationalists and
free traders how they expect the

[[Page H3261]]

American people to take us seriously on the China question when they
can't take us seriously in the Balkans? Why should we expect the
Chinese--or anyone else for that matter--to honor their word if our
European allies mark this precedent so loudly?
Mr. Chairman, we are great at making speeches and making promises.
But when it comes time to keep our words and expect our friends and
allies to keep theirs, we get squishy and start going back and forth.
And, we make excuses.
What kind of message do we send to the world when we hold open our
check book in Kosovo and say, ``It's okay. We'll cover the tab.'' But
even more importantly, what kind of message do we send to the American
people when we say, ``It's okay for your sons and daughters to go to
Kosovo while we keep our commitments, but our European friends don't
have to keep theirs?''
We have bent over backwards in the Balkans. We have shouldered the
burden and we've footed the bill. It's time for our allies to step up
and meet their responsibilities.
Our allies--our friends in Europe--ought to ante up and pay their
fair share. I remind you, we are only asking them to pay what they
promised in the first place. We are asking them to keep their word.
We realize very clearly that our NATO allies--Germany and France in
particular--have different fiscal years and different budget processes.
We purposefully extended the deadline until April 1, 2001 to give them
even more time to make a good faith down payment. That's all we're
asking for--a good faith down payment.
If the next President doesn't certify these good faith benchmarks
have been met, this amendment requires us to withdraw our troops. It
also permits the next President to waive the withdrawal requirement for
180 days for national security reasons.
I challenge my friends on both sides of the aisle, support this
amendment. It is a bipartisan common sense approach.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Dicks).
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Chairman, I rise in very strong opposition to this
amendment. I think this amendment would be counterproductive. If we
have an argument with our allies, we should sit down with our NATO
partners and negotiate directly with them. But to come to the floor of
the House of Representatives and try to set a date certain on this
matter to me is foolish and counterproductive. I also think it is a
very dangerous precedent. We are there in Kosovo and in Yugoslavia
because we feel it is in our national interest to be there. And we have
conducted ourselves appropriately. We have worked with NATO for
stability in Europe, a very major goal, and now to say that if these
European countries by a certain date do not do something, we are going
to pull out and do it from the Congress is undermining the ability of
the commander in chief. We only can have one President at a time. I
strongly oppose this amendment and urge its overwhelming defeat.
Mr. SHAYS. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina (Mr. Spence), the chairman of the full committee .
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, I rise in support of this amendment. That
might surprise some people. In the past I have opposed these types of
amendments but I have worked with the sponsors of this amendment this
time to the extent that they changed it, and I can support it.
I will tell my colleagues why. For years, I have been critical of the
administration's use of our ground troops to keep the peace in the
Balkans. The administration has failed to make a persuasive case that
our involvement in Bosnia and Kosovo is in our national interest or
vital national interest. On the list of real threats to this country,
and our national security, these countries are not near the top of the
list. We cannot today properly defend against the real threats that we
have facing us in places like Korea and the Persian Gulf. With no
strategic rationale and no strategy for a timely withdrawal, our
continued deployment in Bosnia and Kosovo has led to a significant and
troubling decline in our overall military readiness.

{time} 1415

With all these deployments, we are wearing out our people and our
equipment. Three people are doing the work of five. We just do not have
the people to do it.
Finally, I want to say I agree with the sponsors of this resolution
that the Europeans need to do more to bolster the fragile peace that
occurs in Kosovo. Our country led, not only led, but for the most part
carried the war effort one year ago in Kosovo. The air war was mainly
our war. They could not even participate. They did not have the
technology to do it. So we expended a lot of our assets in doing that.
Now our European allies should shoulder the burden of keeping the
peace that we won for them. Unfortunately, they have not done it. Some
of our allies have not provided what they need to, and we call on them
to do it.
Mr. SKELTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Texas (Mr. Reyes).
Mr. REYES. Mr. Chairman, I thank my friend for yielding me time.
Mr. Chairman, I rise today in opposition to this amendment. I object
to this amendment for a number of reasons, but, in the interest of
time, I will address just one key point.
United States national security policy should not be dictated by the
actions or inactions of our allies or other countries. I am very aware
that there is a need to have our European allies assume a larger role
in securing peace in Kosovo. However, this amendment places us in the
situation of pursuing our national security interests literally by
default.
This Easter, several of my colleagues and I visited with the soldiers
in Kosovo. This was my second visit to the region and my second
opportunity to talk with our service members about this difficult
mission. Each of the soldiers I spoke with felt our participation was
critical to reducing the instability and violence of the Balkans.
This amendment would undermine our ability to affect the future of
the Balkans, and, more importantly, it would affect our ability to
influence any future conflicts. I strongly urge each of my colleagues
to vote against this amendment.
Mr. TAYLOR of Mississippi. Mr. Chairman, will the gentleman yield?
Mr. REYES. I yield to the gentleman from Mississippi.
Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the Committee do
now rise.
The CHAIRMAN pro tempore (Mr. LaHood). Does the gentleman yield for
that purpose?
Mr. REYES. Yes.
The CHAIRMAN pro tempore. Does the gentleman first yield back his
time for debate?
Mr. TAYLOR of Mississippi. The gentleman yielded his time to me, Mr.
Chairman. At that point I made a motion.
The CHAIRMAN pro tempore. The gentleman from Mississippi will have to
be recognized on his own. The gentleman from Texas has been recognized
for debate only, and may proceed.
Mr. REYES. Mr. Chairman, I yield back my time.
The CHAIRMAN pro tempore. The gentleman yields back his time.

Motion To Rise Offered By Mr. Taylor of Mississippi

Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the committee do
now rise.
The CHAIRMAN pro tempore. This is not a debatable question.
The question is on the motion to rise offered by the gentleman from
Mississippi (Mr. Taylor).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mr. TAYLOR of Mississippi. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 204,
noes 216, not voting 14, as follows:

[Roll No. 191]

AYES--204

[[Page H3262]]

DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Frost
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sherman
Shows
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Traficant
Turner
Udall (CO)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Woolsey
Wu
Wynn

NOES--216

Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth-Hage
Coble
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Foley
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
Martinez
McCollum
McCrery
McHugh
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Morella
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Upton
Vitter
Walden
Walsh
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)

NOT VOTING--14

Baldacci
Bilirakis
Campbell
Coburn
Crowley
Doyle
Largent
McIntosh
Radanovich
Rothman
Stupak
Udall (NM)
Wamp
Wise

{time} 1438

Messrs. SAXTON, COMBEST, GILCHREST, BRADY of Texas, GREENWOOD,
HOEKSTRA, CHAMBLISS, COLLINS, Mrs. CHENOWETH-HAGE and Mrs. MORELLA
changed their vote from ``aye'' to ``no.''
Mr. FORD changed his vote from ``no'' to ``aye.''
So the motion was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore (Mr. LaHood). The gentleman from South
Carolina (Mr. Spence) has 12\1/4\ minutes remaining. The gentleman from
Missouri (Mr. Skelton) has 14\3/4\ minutes remaining.
The Chair recognizes the gentleman from Ohio (Mr. Kasich).

Parliamentary Inquiry

Mr. KASICH. Mr. Chairman, parliamentary inquiry.
The CHAIRMAN pro tempore. The gentleman from Ohio will state his
parliamentary inquiry.
Mr. KASICH. Mr. Chairman, would it be possible for me to negotiate
through the chairman a yield back of all time on this amendment right
now and have a vote on this amendment so that the Members can get about
I know the important trip they are about to make? I am willing to do
that, Mr. Chairman, yield back all of my time, if we could dispense
with additional speeches. I think everybody on this floor knows this
issue, but it cannot be unilateral. I am prepared to yield back all
time at this moment.
The CHAIRMAN pro tempore. Any Member who controls time may yield back
at any time.
Mr. SKELTON. Mr. Chairman, I have one remaining speaker. I yield 2
minutes to the gentleman from New York (Mr. Engel).
(Mr. ENGEL asked and was given permission to revise and extend his
remarks.)
Mr. ENGEL. Mr. Chairman, I thank my friend, the gentleman from
Missouri (Mr. Skelton), for yielding me this time.
Mr. Chairman, I very, very strongly oppose this amendment. I think
this sends the absolute wrong message and is really the height of the
wrong way we ought to go.
I chair the Albanian Issues Caucus. I have put a lot of time and
effort into the situation in Kosovo. Let me say something. What we have
done in Kosovo is working. It is working. We have saved lives.
It is true that the Europeans ought to be doing more but this will
have the exact opposite effect. Secretary of Defense Bill Cohen says
this is counterproductive to peace in Kosovo and will seriously
jeopardize the relationship between the U.S. and our NATO allies.
Joe Lockhart, the White House Press Secretary, says this is the wrong
message being sent at the wrong time, and presidential candidate George
Bush says this is wrong and it is legislative overreach.
A letter from General Wesley Clark says these measures, if adopted,
would be seen as a de facto pull-out by the United States.
We ought to be proud of the role we have played in saving the lives
of hundreds of thousands of people and the United States ought not to
cut and run. We are the leaders of the world and the leaders of the
free world. No one gave us that mantle. We took it and we ought to
follow it through. It is working.
People have gone to Kosovo. There are going to be bumps and grinds in
the road but essentially what we have done is working. We cannot pull
out. We need to work with our European allies, not cut and run.
This is not what America should be doing. We cannot go back to the
days of isolationism. There are people that never wanted to be in
Kosovo in the first place.
I am proud of the role that this administration played and that the
American people played in saving the lives of so many people. So I just
want to say that a bipartisan no vote ought to be here and we ought to
very, very strongly reject this amendment. We have saved the lives of
thousands of people. Let us continue the job.

May 11, 2000.
Thank you for your letter of 10 May and the opportunity to
provide my personal views on the amendment adopted by the
Senate Appropriations Committee governing the future of U.S.
troops in Kosovo.
While I support efforts of the Congress and the
Administration to encourage our allies to fulfill their
commitments to the United Nations mission in Kosovo, I am
opposed to the specific measures called for in the amendment.
These measures, if adopted, would be seen as a de facto pull-
out decision by the United States. They are unlikely to
encourage European allies to do more. In fact, these measures
would invalidate the policies, commitments and trust of our
Allies in NATO, undercut US leadership worldwide, and
encourage renewed ethnic tension,

[[Page H3263]]

fighting and instability in the Balkans. Furthermore, they
would, if enacted, invalidate the dedication and commitment
of our Soldiers, Sailors, Airmen, and Marines, disregarding
the sacrifices they and their families have made to help
bring peace to the Balkans.
Regional stability and peace in the Balkans are very
important interests of the United States. Our allies are
already providing over 85 percent of the military forces and
the funding for reconstruction efforts. US leadership in
Kosovo, exercised through the Supreme Allied Commander,
Europe, as well as our diplomatic offices, is a bargain. It
is an effective 6:1 ratio of diplomatic throw-weight to our
investment. We cannot do significantly less. Our allies would
see this as a unilateral, adverse move that splits fifty
years of shared burdens, shared risks, and shared benefits in
NATO.
This action will also undermine specific plans and
commitments made within the Alliance. At the time that US
military and diplomatic personnel are pressing other nations
to fulfill and expand their commitment of forces,
capabilities and resources, an apparent congressionally
mandated pullout would undercut their leadership and all
parallel diplomatic efforts.
All over Europe, nations are looking to the United States.
We are their inspiration, their model, and their hope for the
future. Small nations, weary of oppression, ravaged by a
century of war, looking to the future, look to us. The
promise of NATO enlargement, led by the United States, is the
promise of the expansion of the sphere of peace and stability
from Western Europe eastward. This powerful, stabilizing
force would be undercut by this legislation, which would be
perceived to significantly curtail US commitment and
influence in Europe.
Setting a specific deadline for US pull-out would signal to
the Albanians the limits of the international security
guarantees providing for their protection. This, in turn,
would give them cause to rearm and prepare to protect
themselves from what they would view as an inevitable Serbian
reentry. The more radical elements of the Albanian population
in Kosovo would be encouraged to increase the level of
violence directed against the Serb minority, thereby
increasing instability was well as placing US forces on the
ground at increased risk. Mr. Milosevic, in anticipation of
the pullout and ultimate breakup of KFOR, would likely
encourage civil disturbances and authorize the increased
infiltration of para-military forces to raise the level of
violence. He would also take other actions aimed at preparing
the way for Serbian military and police reoccupation of the
province.
Our servicemen and women, and their families, have made
great sacrifices in bringing peace and stability to the
Balkans. This amendment introduces uncertainty in the
planning and funding of the Kosovo mission. This uncertainty
will undermine our service members' confidence in our resolve
and may call into question the sacrifices we have asked of
them and their families. A US withdrawal could give Mr.
Milosevic the victory he could not achieve on the
battlefield.
In all of our activities in NATO, the appropriate
distribution of burdens and risk remains a longstanding and
legitimate issue among the nations. Increased European burden
sharing is an imperative in Europe as well as the United
States. European nations are endeavoring to meet this
challenge in Kosovo, and in the whole KFOR and UNMIK
constitute a burdensharing success story, even as we
encourage Europeans to do even more. The United States must
continue to act in our own best interests. This legislation,
if enacted, would see its worthy intent generating
consequences adverse to some of our most fundamental security
interests.
Thank you again for your support of our servicemen and
women.
Very respectfully,
Wesley K. Clark,
General, U.S. Army.

Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.

{time} 1445

Mr. KASICH. Mr. Chairman, I yield such time as he may consume to the
gentleman from Alabama (Mr. Bachus).
Mr. BACHUS. Mr. Chairman, the Members may not have heard all this
debate, but we have heard that we deployed into Kosovo. We have been
told that we are in Kosovo. We have talked about we are withdrawing
from Kosovo. The simple truth is that none of us went into Kosovo. None
of us are in Kosovo. None of us will come out of Kosovo. It is the men
and women of our military.
Yesterday I talked to four of them. I talked to a Major who has been
deployed five times in the last 10 years. Ten years ago he had two
people directly under him. Today they are his supervisors. I talked to
a young man at the University of Alabama who deployed in May, came back
in February, lost a year and a half of school.
That is what we are talking about. We are talking about the men and
women of our military. It is a simple question: Do we make our European
allies shoulder the burden, or do we make our own troops continue to
shoulder the European burden?
Mr. KUCINICH. Mr. Chairman, I am in favor of this amendment. This
amendment requires the President to submit a report to Congress
confirming European obligations in Kosovo. If, before April 1, 2001 a
report is not submitted, then the amendment would prohibit funding for
further deployment of US ground troops.
This amendment is a common sense amendment. It does not withhold
funding for maintaining our troops that are there currently. It is
flexible because it gives the President room to waive this requirement
for up to 180 days. And it provides the President time to certify that
our allies are meeting up to their financial commitments.
Mr. Chairman, the current situation in the Balkans is grim and
unpromising.
Ethnic cleansing is still taking place. More than a year later we are
witnessing reversed ethnic cleansing of Serbs and Gypsies by Albanians.
Since June of last year, more than 240,000 Serbs, Roma and Muslim Slav
Gurani have fled the province of Kosovo.
Human rights abuses are rampant. An Amnesty International report
issued in February concluded that after six months of peacekeeping
efforts in the region that ``human rights abuses and crimes continue to
be committed at an alarming rate, particularly against members of
minority communities.'' It goes on to say that UN police and KFOR
troops have been ``unable to prevent violent attacks, including human
rights abuses, often motivated by a desire of retribution, against non-
Albanians.'' Many refugees are forced to live in nearby enclaves under
heavy NATO protection.
The UN's goals of maintaining a multi-ethnic, peaceful Kosovo has
failed. For example, an attempt to reintegrate Serb and Kosovar
children in school in the village of Plementina recently failed. In
response, the UN Kosovo Mission (UNMIK) decided to build a separate
school several kilometers away for security reasons. These failures
have forced the head of the UN Kosovo Mission Bernard Kouchner to
concede that ``the most one can hope for is that they [Serbs and
Albanians] can live side-by-side.'' So, it would seem that UNMIK's
mission in Kosovo has drastically changed from maintaining a multi-
ethnic society to one that must learn to co-exist side-by-side, but not
together. Indeed, that is not even a representative picture.
Moreover, I am concerned that continued peacekeeping operations may
actually facilitate an escalation in violence in the region. It is my
understanding that part of the mission of KFOR is not only to ``keep
the peace'' in the region, but to also train local residents into a
civilian police force. My concern is that UN troops are legitimizing
and institutionalizing extremist or radical elements of society there
by training them to be a police force. If that's true, then our forces
and our funds are propping up extremist elements in Kosovo and
consolidating their power.
Despite European cooperation, the United States continues to bare the
majority of the financial burden in the region, and we have really
nothing to show for it. Congress needs to know that our NATO allies are
meeting their financial obligations. Congress needs to know that US and
European taxpayer dollars are being spent proportionately. Congress
needs to know that our allies will provide their share of the cost of
the peacekeeping mission in Kosovo. This amendment does this by
prompting the President to report back to Congress on our allies
commitments.
I urge my colleagues to vote in favor of this bipartisan amendment.
Mr. CROWLEY. Mr. Chairman, I am opposed to the Kasich, Condit, Shays,
Frank, Bachus, DeFazio amendment to withdraw our troops from Kosovo
before the completion of their vital mission in the Balkans.
The U.S. has committed a great deal of men, material and money to
Kosovo and the Balkans region. Now is not the time to limit our
activities. We must see it through.
I think it is very dangerous to tie the President's hands in the
region when U.S. troops are on the ground and so much has been invested
in the future of the region. This isn't a budget issue. It's a national
security issue and must be viewed as such.
I agree with the proponents of the amendment that we must pressure
our European allies to pay their fair share in Kosovo and the region. I
think most of my colleagues would agree as well. But, I can't in good
conscience allow the President to be prevented from doing what he feels
is in the vital interests of the U.S. Especially when a new President
will inherit the current situation in Kosovo next year and be forced to
deal with this amendment if it passes here today. That is why George W.
Bush joined with the Clinton Administration in opposing this amendment.
We must not link U.S. national security priorities with the perceived
inaction of our allies. We all want to ensure our European allies to
pay their fair share, but this is not the way to do it--diplomacy is.

[[Page H3264]]

No matter how you dress it up, this amendment could force the
withdrawal of American troops from Kosovo. What kind of message does
that send to our allies and enemies and most of all our troops? It
sends the message that if you wait out the United States, we'll give up
and go home. This message is irresponsible and dangerous.
Mr. Chairman, once again, this is a national security issue. We can
not allow concerns over burdensharing to cloud our judgment on this
issue. Yes, the Europeans must pay their fair share. Yes, the U.S. is
often in a position where we must pay more than our fair share. And
yes, I want our European allies to live up to their commitments. But, I
will not sacrifice our security to do it.
I urge my colleagues to oppose this shortsighted amendment.
Mrs. FOWLER. Mr. Chairman, I rise in strong support of the Kasich
amendment.
This amendment would simply require the President to hold our
European allies to their past burdensharing commitments regarding
Kosovo.
It would require the President to certify to Congress that the
Europeans have delivered on at least a part of their commitments
concerning humanitarian aid, redevelopment assistance, and law
enforcement support for Kosovo.
Specifically, it would require them to provide at least fifty percent
of the reconstruction aid, 85 percent of the humanitarian aid, and 85
percent of Kosovo Consolidated Budget support to which they have
already committed. It would also require that they meet at least 90
percent of their commitments regarding United Nations international
police force personnel for Kosovo.
If the President does not make this certification by next April 1,
funding for U.S. ground forces in Kosovo would be terminated. The
President would be able to pursue two 90-day waivers of this
certification requirement if hostilities were underway or imminent.
Last summer I led a Congressional delegation to Kosovo at the request
of Speaker Hastert. We arrived the morning after the massacre of 14
ethnic Serb farmers in the village of Gracko. We saw clear evidence of
intercommunal violence. We saw firsthand how U.S. troops had been
pressed into service, performing every mission from law enforcement to
utilities repair to municipal management.
As outstanding as our troops are, they are not trained for these
missions. They are not trained to investigate or fight organized crime.
They are not trained to restore telephone systems or power grids. They
are not trained to operate prisons or administer justice.
These tasks were supposed to be performed by the United Nations
Interim Administration Mission in Kosovo (UNMIK), pursuant to a
Security Council resolution. Unfortunately, UNMIK is not able, even
today, to perform many of these missions.
That is why I support the Kasich amendment. During the air campaign
last year, the United States flew some sixty percent of the missions,
including most of the riskiest.
Now it is time for the Europeans, whose interests remain most
directly affected by this situation, to do their share.
I urge support for the Kasich amendment.
Mr. BONIOR. Mr. Chairman, to read the amendment before us, it's easy
to get the impression that we're being presented with an opportunity to
save some dollars. But, in fact, the real effect of this amendment will
be to risk human lives.
Let's be clear: all of us believe in burden sharing. All of us want
our allies to pay their fair share for our mission in the Balkans.
That's why I was proud to support burden sharing from the start--and
why I support it today.
But we can't allow our frustration with our allies to blind us to the
truth. Because the truth is that there's nothing Slobodan Milosevic
wants more--nothing that he needs more--than to know a date certain for
the withdrawal of U.S. forces.
Ask yourself, what possible incentive would there be for Milosevic to
agree to a lasting settlement if he knows that--in less than a year--
our armed forces will simply pack their bags and come home?
What incentive is there for Milosevic to end the reign of terror
against ethnic Albanians--terror that continues to this day--if this
Congress tells him that all he has to do is run out the clock?
Should our allies pay their fair share? Of course they should. That's
not the issue. The issue is that our mission in that troubled land is
not yet complete. And until it is, measures like the one we're
considering are as damaging as they are premature.
I urge my colleagues to vote no on the amendment.
Mr. KASICH. Mr. Chairman, I yield back the balance of my time, and
ask that we immediately proceed to a vote.

Motion to Rise Offered by Mr. Taylor of Mississippi

Mr. TAYLOR of Mississippi. Mr. Chairman, I move that the Committee do
now rise.
The CHAIRMAN pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Mississippi (Mr. Taylor). It is not a
debatable question.
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.

Recorded Vote

Mr. TAYLOR of Mississippi. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 200,
noes 215, not voting 19, as follows:

[Roll No. 192]

AYES--200

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barcia
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Gejdenson
Gephardt
Gonzalez
Gordon
Green (TX)
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
Larson
Lee
Levin
Lewis (GA)
Lipinski
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (CT)
Maloney (NY)
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (VA)
Murtha
Nadler
Napolitano
Neal
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Phelps
Pickett
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sherman
Shows
Sisisky
Skelton
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wu
Wynn

NOES--215

Aderholt
Archer
Armey
Bachus
Baker
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bilirakis
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth-Hage
Coble
Collins
Combest
Cook
Cooksey
Cox
Crane
Cubin
Cunningham
Davis (VA)
Deal
DeLay
DeMint
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fletcher
Foley
Fossella
Fowler
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
Martinez
McCollum
McCrery
McHugh
McInnis
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Morella
Myrick
Nethercutt
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Porter
Portman
Pryce (OH)

[[Page H3265]]

Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Saxton
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stearns
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)

NOT VOTING--19

Baldacci
Ballenger
Campbell
Clay
Coburn
Crowley
Doyle
Frost
Largent
Markey
McIntosh
Ney
Pomeroy
Sanford
Scarborough
Slaughter
Stupak
Udall (NM)
Wamp

{time} 1503

So the motion was rejected.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore (Mr. LaHood.) The question is on the
amendment offered by the gentleman from Ohio (Mr. Kasich).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. KASICH. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 264,
noes 153, not voting 17, as follows:

[Roll No. 193]

AYES--264

Aderholt
Archer
Armey
Bachus
Baker
Baldwin
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bereuter
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Blunt
Boehner
Bono
Boswell
Boucher
Boyd
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
Burr
Burton
Buyer
Calvert
Camp
Canady
Cannon
Carson
Castle
Chabot
Chambliss
Chenoweth-Hage
Clayton
Coble
Collins
Combest
Condit
Cook
Cooksey
Costello
Cox
Crane
Cubin
Cunningham
Danner
Davis (IL)
Davis (VA)
Deal
DeFazio
Delahunt
DeLay
DeMint
Deutsch
Dickey
Doggett
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fletcher
Foley
Ford
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (TX)
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Hill (MT)
Hilleary
Hoekstra
Hooley
Horn
Hostettler
Hulshof
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kasich
Kingston
Kleczka
Kucinich
Kuykendall
LaHood
Latham
LaTourette
Lazio
Leach
Lee
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren
Lucas (OK)
Luther
Manzullo
Martinez
McCollum
McCrery
McHugh
McInnis
McKeon
Meehan
Meek (FL)
Metcalf
Mica
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Moore
Moran (KS)
Morella
Myrick
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Packard
Paul
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pitts
Pombo
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Salmon
Sanders
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Stark
Stearns
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauzin
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Traficant
Udall (CO)
Upton
Vitter
Walden
Walsh
Watkins
Watt (NC)
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Woolsey
Wu
Young (AK)
Young (FL)

NOES--153

Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Bentsen
Berkley
Berman
Bliley
Blumenauer
Boehlert
Bonilla
Bonior
Borski
Brady (PA)
Callahan
Capps
Capuano
Cardin
Clay
Clement
Clyburn
Conyers
Coyne
Cramer
Cummings
Davis (FL)
DeGette
DeLauro
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Edwards
Engel
Etheridge
Fattah
Filner
Forbes
Fossella
Frost
Gejdenson
Gephardt
Gilman
Gonzalez
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Holden
Holt
Houghton
Hoyer
Hunter
Jackson-Lee (TX)
Jefferson
John
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Klink
Knollenberg
Kolbe
Lampson
Lantos
Larson
Levin
Lewis (CA)
Lewis (GA)
Lowey
Lucas (KY)
Maloney (CT)
Maloney (NY)
Markey
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McNulty
Meeks (NY)
Menendez
Millender-McDonald
Mollohan
Moran (VA)
Murtha
Nadler
Napolitano
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Payne
Pickett
Pomeroy
Porter
Price (NC)
Rahall
Rangel
Reyes
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sandlin
Sawyer
Schakowsky
Scott
Serrano
Sisisky
Skelton
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stenholm
Strickland
Stump
Tauscher
Taylor (MS)
Thompson (MS)
Towns
Turner
Velazquez
Vento
Visclosky
Waters
Waxman
Weiner
Wexler
Weygand
Wolf
Wynn

NOT VOTING--17

Baldacci
Ballenger
Campbell
Coburn
Crowley
Doyle
Hall (OH)
Herger
LaFalce
Largent
McIntosh
McKinney
Sanford
Stupak
Udall (NM)
Wamp
Wise

{time} 1522

Ms. SLAUGHTER changed her vote from ``aye'' to ``no.''
Mr. DAVIS of Illinois changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The CHAIRMAN pro tempore (Mr. Sununu). It is now in order to consider
amendment No. 2 printed in House Report 106-621.

Amendment No. 2 Offered by Mr. Frank of Massachusetts

Mr. FRANK of Massachusetts. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 2 offered by Mr. Frank of Massachusetts:
At the end of subtitle A of title X (page 302, after line
11), insert the following new section:

SEC. 1006. ONE PERCENT REDUCTION IN FUNDING.

The total amount obligated from amounts appropriated
pursuant to authorizations of appropriations in this Act may
not exceed the amount equal to the sum of such authorizations
reduced by one percent. In carrying out reductions required
by the preceding sentence, no reduction may be made from
amounts appropriated for operation and maintenance or from
amounts appropriated for military personnel.

The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the
gentleman from Massachusetts (Mr. Frank) and a Member opposed, the
gentleman from Colorado (Mr. Hefley), each will control 10 minutes.
The Chair recognizes the gentleman from Massachusetts (Mr. Frank).
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, it is important for Members to understand that in the 2
days in which we will be dealing with this bill we will have spent more
than half of the discretionary funds available for expenditure by the
Federal Government in the next fiscal year. If we go along with the
committee's proposal.
The committee has proposed a very significant increase in the
military. It has gone significantly above what the President proposed.
And the result will be that, according to the calculations I have
gotten from budget people, 51.8 percent of the total money spent on
discretionary accounts by the Federal Government this year will be
spent on the military.
Now, many of my colleagues will have told their constituents that
they would like to do more for prescription drugs for older people. We
have older

[[Page H3266]]

people in desperate need of help in paying for prescription drugs.
Members have told local police departments that they would like to be
even more responsive to their needs. We have told, many of us, local
educational authorities that we understand their needs for expanded
school buildings and we would like to help them. We have told
communities affected by environmental problems that we would like to
expand the money EPA has so that they could do more to clean up
Superfund sites more quickly and to do more to deal with brownfields.
But this bill will make a lot of that impossible.
And we ought to establish a standard of honesty for Members. If we
vote for the full amount asked for by the Committee on Armed Services
today, we should not expect to be able to tell people honestly that we
would like to help them but were somehow deprived by someone else of
the ability to do it because this will be a self-imposed deprivation.
Now, my amendment is a rather small one. It calls for a 1 percent cut
in the authorized level. That would be $3.09 billion. This bill is $4.5
billion over the President's request. On the last amendment many of my
Democratic colleagues felt they had to support the President. Well, I
hope that carries over. Raising the President's defense budget by $4.5
billion more than he asked for, when that comes at the expense of
education and the environment and health care and law enforcement, is
not a good way to show support. Even if this amendment passes, the bill
will still be a billion and a half more than the President asked for,
and the President asked for a significant increase.
Now, the bill exempts personnel and it exempts operation and
maintenance and it gives to the Congress, not the White House, the
ability to decide how to allocate this. So that is the question before
the Members. Are we prepared to increase by $4.5 billion what the
President asked for; do we believe that there is apparently no waste in
the Pentagon; are we prepared to say that 51.8 percent of the total
discretionary spending will go to the military, when that increase that
we will be voting for will lessen our chances of providing prescription
drugs, will undercut our ability to deal with local law enforcement and
will reduce the resources available for housing for the elderly or
environmental cleanup?
Mr. Chairman, I reserve the balance of my time.
Mr. HEFLEY. Mr. Chairman, I yield myself 2 minutes, and I rise to
oppose the amendment.
Mr. Chairman, let me talk about the area of the bill that I know the
most about, and that is, as chairman of the Subcommittee on Military
Installations and Facilities, I remain concerned about the
deteriorating conditions of our military installations, and I am
especially concerned about the impact of inadequate facilities and
military housing on readiness and retention.
The House Committee on Armed Services has played a bipartisan role in
addressing the needs of the military personnel, their families, and has
shown a commitment to acquire decent housing, improve child development
centers, and other quality of life improvements for those who serve in
the Armed Forces. The gentleman from Massachusetts (Mr. Frank) talks
about helping these people. Well, we are trying to help these people.
The amendment would have the practical effect of reducing total
defense spending by 1 percent. In carrying out such a reduction, no
cuts could be made in operations and maintenance or from the personnel
accounts. This would require that a disproportionate amount be taken
from the other defense accounts, including military construction and
military family housing, thus diminishing the improvements that our
service members deserve.
H.R. 4205 contains a number of important provisions affecting these
accounts which will help alleviate part of the problems I mentioned
previously. Decreasing the MILCON authorization level, a level to which
the House Committee on Armed Services unanimously agreed, and a level
that complies with the concurrent resolution on the budget, would
contribute to the deteriorating conditions for our service members and
their families, and signal to them that we as a Congress are
uncommitted to addressing the unfunded infrastructure accounts.

{time} 1530

Military construction and military family housing continue to receive
too little attention in the overall competition for resources. We
cannot afford to reduce authorization levels for vital infrastructure
programs. This will only accelerate the long-term degradation of
quality of life, training, and readiness.
I urge the defeat of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield 2 minutes to the
gentleman from Minnesota (Mr. Luther), an intellectually consistent
budget cutter.
Mr. LUTHER. Mr. Chairman, I rise in strong support of the Frank
amendment.
The amendment, as the gentleman from Massachusetts (Mr. Frank) has
pointed out, would reduce funding for next year's defense budget by a
very modest one percent, leaving the accounts for operations and
maintenance and personnel untouched.
That still leaves us with a total defense spending level of over $300
billion, $1.4 billion more than the President requested, and a massive
$20 billion more in defense spending than last year.
To put it in perspective, as the gentleman from Massachusetts (Mr.
Frank) did, this bill currently represents more than half of the
discretionary spending for the fiscal year 2001 budget. This is a prime
example of misdirected priorities, and I think it is high time that
Congress face up to that issue.
We have serious work to do for the American people: providing a
prescription drug benefit for seniors, securing Social Security,
guaranteeing top quality education for our young people, and paying
down the national debt. In light of these needs, we should not be
adding in this way to the military budget, especially when it
represents old-fashioned thinking in our modern world.
Currently, the Pentagon's strategy is far too focused on big weapons
systems, with little value in the ethnic and the nationalistic
conflicts we find ourselves in today. So, in addition to consuming
resources that we need in society for other purposes, this old way of
thinking also robs our military men and women of crucial funds for
readiness and training.
Finally, Mr. Chairman, while we have made significant progress on
reducing the imbalance in our budget, we must look for every
opportunity to reduce our over $5 trillion in national debt. We simply
cannot continue to justify spending money in this way.
I urge support for the amendment.
Mr. HEFLEY. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, the Members of the House have already voted
against the substance of this amendment. We voted almost 3-1 to add $4
billion to the emergency supplemental appropriations bill. That money
was in response to a request by the services when we asked them this
year, what do they have in unfunded requirements that is not in the
President's budget? They gave us a list of $16 billion, including
ammunition, spare parts, training, and, in some cases, replacement
platforms, aircraft, and other things to fill in areas where the
President had not funded the armed services.
In response, we gave $4 billion on the emergency supplemental. We did
not get that. The other body would not go along with that. But they did
go along with an increase of our top line of $4 billion. This amendment
would, basically, gut that and wipe out the will of the House that
voted almost 3-1 to give more money to the military.
Now, why did they do it? They did it because defense spending has
been in decline for 13 years. We are spending approximately $100
billion less this year on national security than we did in 1985 in real
dollars.
Now, some people may say, well, we funded readiness accounts. We
funded personnel accounts. Why can we not take money out the
modernization accounts.
I think the best reason is the 80 aircraft that have crashed in the
last year and a half. For any Member that wants to know the essence of
this debate, it is

[[Page H3267]]

this list of crashes. These crashes represent almost every type of
aircraft, rotary and fixed-wing aircraft, in our inventory: F-16s, F-
15s, helicopters, right on down the line.
Some of them crashed because they did not have spare parts. Some of
them crashed because we have inexperienced people, we are not getting
enough pilots in. Some of them crashed, in my estimation, because of
lack of training. Some of them crashed, my colleagues, because they are
too old.
And even President Clinton's own Secretary of Defense Bill Perry told
us just a few weeks ago we are $10 billion to $15 billion short in
procurement accounts, in modernization accounts. Here is a person that
put together the blueprint that President Clinton is now operating
under, and he is telling us that we are short $15 billion to $20
billion in our accounts. And he is a responsible person. He understands
it is largely sparked by the fact that we are having enormous numbers
of crashes, lots of operational problems.
The facts are, my colleagues, that we need this money; and we cannot
take this large piece of money out of the defense bill without having a
major impact on our ability to have a strong national defense.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I just want to commend the gentleman from
California (Mr. Hunter) for his statement.
We are still substantially below where we need to be in
modernization. We have got OPTEMPO issues. We have got spare parts
problems, real property maintenance.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I am sorry my friend the gentleman from Washington (Mr.
Dicks) cannot join me in supporting the Clinton administration on this
issue, but maybe he will come back on a later one.
The Clinton administration did ask for a significant increase. I
think they asked for too much. But I am still prepared only to cut back
to even a little bit above what they asked.
Now, I acknowledge that the Department of Defense does not have
everything it would like to have. It does not have all of its
proposals. Neither does the Department of Health and Human Services.
They do not have enough money to pay for prescription drugs for all the
people.
Vote against this amendment and then go and tell the elderly people
in their district that they cannot do a prescription drug program the
way they would like it because we cannot afford it.
Now, I want to help the living conditions of the people in the
military. If they would listen to this debate, they might not know that
we buy weapons, and not only that we buy weapons, but let me quote here
a former presidential candidate, the Senator from Arizona, who talks
about all the pork that gets put in. There were weapons in here that no
one asked for except the people in whose districts they are made. I am
talking about 1 percent of the budget, 1 percent of the $309 billion.
I believe that we could look at a list of projects that were
generated by Congress put into this bill that were not requested by any
of the services that would amount to this. We just voted an amendment
to say that our European allies have to pay more of the joint costs.
That provides some savings.
Now, it is true we are spending less on defense than we were. Ten
years ago a major event happened. There was the collapse of the Soviet
Union, and the major threat to our ability to exist as a free society
collapsed.
That does not mean there are not still countries in the world that
cause us problems. But they existed before the collapse of the Soviet
Union. North Korea did not come into being in 1995. Iran was not
invented in 1992. Libya did not spring to Earth in 1993.
Twelve years ago we had the Soviet Union with its nuclear weapons and
the Warsaw Pact and all these over threats. I have heard Members say,
oh, well, it is much more dangerous now that the Soviet Union has
collapsed.
We have, believe it or not, nostalgia for the old days when we were
facing a thermonuclear threat amongst some Members because they can use
that to justify increased expenditures.
I have more confidence in the members in the authorization and
appropriations committees than they have in themselves. I believe if we
say, look, they are going to have 99 percent of what they asked for,
which includes billions more than they had, the increase in the
military budget from last year and this year would pay for a
prescription drug program. Not the budget, the increase in the budget.
What we are saying to them is show a little restraint, we will leave
to them the authority to pick and choose. Do not cut things that are
important to manpower. Cut out some of the projects that they are being
asked to pay for because they will provide employment in certain
districts.
There is an intellectual double standard here that says, when we are
talking about housing, when we are talking about health care, when we
are talking about the Environmental Protection Administration, if we
catch them misspending money, we will punish them.
In the Pentagon, when we catch them misspending money, we reward them
by giving them more.
Mr. HEFLEY. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina (Mr. Spence), the chairman of the committee.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, I thank the gentleman for yielding me the
time.
Mr. Chairman, we have been fighting for a long time to rebuild our
military. We have been in a deep hole, and we are trying to dig out of
it. This year, for the first time in 15 years, we have got a real
increase in the defense budget. And now people want to try to take away
part of that.
Reference is made to the Cold War and the fact that the Soviet Union
has dissolved now and so we do not have all these threats we had and it
will not cost us as much to defend against them.
I would like to remind my colleagues that the world now is more
dangerous, in spite of what he says, than it has been during the Cold
War. We still have the Cold War threats of intercontinental ballistic
missiles with nuclear warheads, but now it is more varied. Instead of
just coming from the old Soviet Union, now it comes from Russia, from
China, from North Korea, Iraq. And the list goes on. We cannot defend
against any of those properly.
In addition, we have new threats, weapons of mass destruction,
chemical, biological, bacteriological. We can put these as warheads on
shorter range missiles and cruise missiles that we hear so much about.
Eighty-one countries have cruise missiles. They can put these as
warheads on those devices and they can bring everyone in the world
within the range of these types of weapons, our friends, our allies,
our troops, and us here at home.
We cannot properly defend against those threats, and here we are
trying to cut more than that.
Mr. FRANK of Massachusetts. Mr. Chairman, I yield myself 15 seconds
to say that none of the threats my friend just mentioned, North Korea,
China, Iraq, chemical weapons, or biological weapons, date from 1990.
They all existed contemporaneously with the Soviet Union.
So it is simply not remotely accurate that we have all these new
threats. We used to have all of those and the Soviet Union.
Mr. Chairman, I yield the balance of the time to the gentleman from
Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Chairman, the Pentagon cannot even have their books
audited to figure out how they are spending their money. Do my
colleagues think the days of $1,000 hammers and screwdrivers and bolts
are gone? Wrong.
The Pentagon loses ships. They do not know where they are. Yet, they
say we cannot restrain spending in this town? They are wrong. Because
they have gotten too addicted to Potomac fever.
Those are not my words. Those are the words of the chairman of the
Republican Committee on the Budget.
Now, what we are talking about here is good money after bad. We want
the strongest defense possible. We want readiness. We want O&M funded.
We want our personnel taken care of. But we do not want precious
taxpayer dollars wasted. And they are being wasted.

[[Page H3268]]

This year financial statements were more untimely than ever, and a
record $1.7 trillion of unsupported adjustments were made in preparing
these statements. That is the Department of Defense Inspector General
Semiannual Report, March 31.
Now, defense contractors, the wonderful patriotic folks that they
are, returned $984 million they were paid that they were not owed
voluntarily. They were not audited. They did not return it because the
Pentagon found out they had paid the bills twice, three times, four
times, or whatever. They sent back $1 billion voluntarily. And then we
got back another $3.6 billion after some minor audits were conducted.
Now, my colleagues cannot tell me that this is enhancing our defense
or our readiness, and they certainly cannot tell me it is cost-
effective and a good use of our taxpayers' dollars.
This cut would cause, finally, the bureaucrats and the four-stars
down at the Pentagon to begin to pay attention how they spend our tax
dollars and to have a more cost-effective and better ready force.

{time} 1545

Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Bateman).
(Mr. BATEMAN asked and was given permission to revise and extend his
remarks.)
Mr. BATEMAN. Mr. Chairman, I will comment that this debate is about
priorities. The priority here is the overriding priority of providing
for our national defense which is not only an obligation, it is a
constitutional obligation, and this amendment would strike at the heart
of our ability to perform that responsibility. O&M accounts, personnel
accounts are exempted under this amendment which means that it falls
even more heavily on all the other accounts in the Department of
Defense and it would be an onerous, intolerable burden and would
indeed, even though it does not come under my Readiness subcommittee,
be a tremendous detriment to the status of readiness of our military
forces. This amendment deserves resounding defeat.
Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentleman from
North Carolina (Mr. Hayes).
(Mr. HAYES asked and was given permission to revise and extend his
remarks.)
Mr. HAYES. Mr. Chairman, I thank the gentleman for yielding me this
time. I rise in opposition to this amendment. My friends on the left
are headed in the wrong direction once again. Without national
security, there can be no Social Security. We cannot afford to continue
the slide in priorities of national defense.
I will use the balance of my time to call attention to our chairman
who has fought tirelessly throughout his career for the men and women
who wear our uniform and protect our country. He has fought against the
Clinton budget-cutting ax that has tried to decimate our military.
Mr. Chairman, I ask my colleagues to vote against this amendment.
Support our national security. Support our chairman for whom the title
of this bill is properly dedicated. I rise to thank him for his
tireless efforts on behalf of our men and women in uniform.
Mr. Chairman, I rise today in strong support of H.R. 4205, the
National Defense Authorization Bill for Fiscal Year 2001. But first and
foremost, I would like to recognize our Chairman, the gentleman from
South Carolina, Mr. Spence, for whom this bill's title is dedicated. No
one in this Congress cares more about our men and women in uniform than
Mr. Spence. He has distinguished himself among his colleagues as a
member who leaves politics at the water's edge when faced with issues
important to our Armed Services. Chairman Spence, we and the millions
of Americans who proudly serve our nation in the military are grateful
to you.
Mr. Chairman, I would also like to recognize our retiring colleagues
on the Committee: Mr. Kasich, Mr. Pickett, Mr. Bateman, Mr. Fowler and
Mr. Talent. I've enjoyed working with them and certainly wish them
well.
For almost a decade now, this nation's defense budgets have continued
to fall victim to the Clinton Administration's cutting ax. We have gone
from a budget in 1992 that exceeded $300 bullion to a budget that in
the mid-90s fell perilously low. This year, the Armed Services
Committee has put before this body a bill which reverses the downward
and misguided trend in defense spending. We renew our commitment in the
form of $310 billion to the men and women who selflessly serve in the
defenses of our nation. We have continued this year the good work we
began last year in what was called the year of the troop.
Mr. HEFLEY. Mr. Chairman, I yield the balance of my time to the
gentleman from Pennsylvania (Mr. Weldon).
The CHAIRMAN pro tempore (Mr. Sununu). The gentleman from
Pennsylvania (Mr. Weldon) is recognized for 1 minute.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I rise in solid opposition
to this amendment. We are in no way, shape or form able to meet the
needs of our military. The irony here is that we had President
Clinton's former Secretary of Defense Bill Perry come before us in
January and tell us that the President's request, the $15 billion above
last year, was inadequate and that in his mind it should be more like
10 to $20 billion above the President's request. That is after we put
money in each year, bipartisan support, to make those increases occur.
Yet Bill Perry still said we were 10 to $20 billion short in what the
President requested.
Now, I know some of my colleagues are not happy, but even the
proponents of this amendment signed letters to us asking for tens of
billions of dollars above what we were willing to give. I have the
information here and I am not going to embarrass Members personally,
but I can tell you that Members who are supportive of this amendment
signed letters to us asking for us to put more money in the defense
bill than what the President asked for.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Massachusetts (Mr. Frank).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. FRANK of Massachusetts. Mr. Chairman, I demand a recorded vote,
and pending that, I make the point of order that a quorum is not
present.
The CHAIRMAN pro tempore. Pursuant to House Resolution 503, further
proceedings on the amendment offered by the gentleman from
Massachusetts (Mr. Frank) will be postponed.
The point of no quorum is considered withdrawn.
It is now in order to consider amendment No. 3 printed in House
Report 106-621.

Amendment No. 3 Offered by Mr. Dreier:

Mr. DREIER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Dreier:
At the end of title XII (page 338, after line 13), add the
following:

SEC. 1205. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE
LEVELS OF HIGH PERFORMANCE COMPUTERS.

(a) Layover Period for New Performance Levels.--Section
1211 of the National Defense Authorization Act for Fiscal
Year 1998 (50 U.S.C. app. 2404 note) is amended--
(1) in the second sentence of subsection (d), by striking
``180'' and inserting ``60''; and
(2) by adding at the end the following:
``(g) Calculation of 60-Day Period.--The 60-day period
referred to in subsection (d) shall be calculated by
excluding the days on which either House of Congress is not
in session because of an adjournment of the Congress sine
die.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to any new composite theoretical performance
level established for purposes of section 1211(a) of the
National Defense Authorization Act for Fiscal Year 1998 that
is submitted by the President pursuant to section 1211(d) of
that Act on or after the date of the enactment of this Act.

The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the
gentleman from California (Mr. Dreier) and the gentlewoman from
California (Ms. Lofgren) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Dreier).
Mr. DREIER. Mr. Chairman, I yield myself such time as I may consume.
(Mr. DREIER asked and was given permission to revise and extend his
remarks.)
Mr. DREIER. Mr. Chairman, national security is the top priority that
we have here in Washington, D.C. As I said during the debate on
consideration of the rule that made these amendments

[[Page H3269]]

in order this morning, there are a wide range of issues that we address
and discuss on a regular basis, many of which can be handled at other
levels of government. But the security of the United States of America
can only be handled by the Federal Government, and that is why I want
to make it very clear that our security is my top priority. That is why
I am very happy to say that we have worked out in a bipartisan way a
very, very important piece of legislation which will allow us to
strengthen our security. I would like to begin by commending the very
distinguished ranking minority member of the Committee on Armed
Services, the gentleman from Missouri (Mr. Skelton), who has joined me
as the lead cosponsor of this amendment on the other side of the aisle
as well as the gentlewoman from California (Mrs. Tauscher), the
chairman of the Committee on International Relations, the gentleman
from New York (Mr. Gilman) and several others.
This is a compromise that has been put together working closely with
the gentleman from South Carolina (Mr. Spence) the man not only who
chairs the committee, but after whom this legislation that we are
dealing with here today is named, and I would like to express my great
appreciation to him for his stellar leadership and for working with us
in putting together this bipartisan compromise, which, as I said, not
only includes both sides of the aisle, but also deals with various
committees that have been involved in it. It is a very common sense
proposal that will establish a 60-day congressional review period when
the President raises the threshold for export controls on high speed
computers.
The amendment protects our congressional prerogatives. Let me
underscore once again, this amendment protects the prerogatives of the
United States Congress by ensuring that the review period will not
occur when Congress is adjourned sine die. In short, this amendment is
a very balanced proposal that is designed to promote sound export
controls and the continued global leadership of our Nation's computer
industry. As I said, it is very good for our national security.
Let me just say that I happen to believe that as we look at where we
are going on this legislation, we have got to deal with our Nation's
security, but at the same time, we have to recognize that the computer
industry in this country is constantly re-creating itself. It is not
just happening in this country, it is happening throughout the rest of
the world, they push the technology envelope on a regular basis, and I
think that the current export policy regime structure that we have is
really out of step with the changes that have taken place with the 6-
month current law that does exist. I would like to say that this stems
from legislation that the gentlewoman from California (Ms. Lofgren) and
I introduced earlier, and I believe it is very, very important for us
to realize that that launched the effort, and now we have worked a
compromise which I think can be acceptable all the way around.
I urge support of this amendment.
Mr. Chairman, I reserve the balance of my time.
Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
I cannot help but express my severe disappointment that this measure,
which is inferior to the bill introduced with the gentleman from
California (Mr. Dreier) on this subject is the best we can do here on
the floor. I must point out that the better bill that the gentleman
from California and I introduced won unanimous support in the Committee
on International Relations. It provides for a 30-day review, which is
the proper time period. Why should computers be subjected to a
lengthier time review than tanks and missiles? It is preposterous.
I realize that there are Members of the House, some have called them
cold warriors, who disagree. But they are a small minority. If the
Committee on Rules had allowed the 30-day bill on the floor, we would
have seen a huge bipartisan vote for that amendment for that better
approach. The leadership instead offers this weaker remedy, and it is a
darn shame that we have lost this opportunity to do fully and
completely what the White House and Democratic House leadership has
asked for for years, a bill that provides for a 30-day review of
computer exports.
Mr. Chairman, our Committee on International Relations whip count
indicated we would have had a floor vote of about 300 Members for a 30-
day bill, with more Democrats in favor than Republicans. Democrats
would have outshined the Republicans on this. That, Mr. Chairman, is
why this 60-day bill is the only amendment made in order. The
Republican leadership wants to look tech friendly, but here, I believe,
they are putting partisanship ahead of good policy. I agree that the
current export policy is wrongheaded. It means that children's toys,
for example, the Sony Playstation 2 that was categorized as a
supercomputer cannot be exported for half a year while we update our
technology policy in the export arena. The current policy is
disastrous. This amendment that is before us is, in fact, an
improvement over current policy, but it is far short of what we could
have done. I am greatly disappointed. I hope that in the end we can
somehow rescue the 30-day provision.
Mr. Chairman, I reserve the balance of my time.
Mr. DREIER. Mr. Chairman, I am very happy to yield 2 minutes to the
gentlewoman from California (Mrs. Tauscher), coauthor of the amendment.
Mrs. TAUSCHER. Mr. Chairman, I rise in support of the Dreier-Skelton-
Gilman-Tauscher amendment to the defense authorization bill. Current
U.S. export controls on supercomputers are Cold War leftovers that are
irrelevant to today's global marketplace. Namely, they do not account
for the rapid development of widely available technology.
On February 1, President Clinton proposed new controls to reflect
modern technology. But that proposal will not take effect until August
because of a lengthy 180-day congressional review process. The problem
is that modern technology in August is not necessarily what modern
technology was in February.
Today we should limit the congressional review period to 30 days,
which would be in line with our export controls on tanks and other
military technologies. I submitted an amendment to that effect on
Monday. I regret that the Committee on Rules ruled against my
amendment, and for this 60-day review period. Congress simply does not
need 2 months to review technology that is ubiquitous and is being
exported by other nations.
When we apply antiquated controls to a fast-paced, evolving market,
we hurt American businesses with no added advantage to national
security. While a 30-day review period is the right policy, I urge my
colleagues to support this 60-day review period held in the Dreier-
Skelton-Gilman-Tauscher amendment because it is better policy than the
current law.
Mr. DREIER. Mr. Chairman, let me once again thank the gentlewoman
from California (Mrs. Tauscher) for her cosponsorship of this amendment
and to say that it is very helpful. Again this is a package that has
been put together with both the Republican leadership and many
Democrats included in this.
Mr. Chairman, I am happy to yield 2 minutes to the gentleman from the
show-me State, (Mr. Skelton), distinguished ranking minority member of
the Committee on Armed Services.
Mr. SKELTON. Mr. Chairman, I am proud to be a cosponsor with the
gentleman from California (Mr. Dreier), the gentlewoman from California
(Mrs. Tauscher) and the gentleman from New York (Mr. Gilman) to reduce
the notification period for changes in the definition of
supercomputers. Modern computing was born in the United States of
America. The technology leaders in the field are among the firms most
strongly driving our economy today.
We may all be familiar with Moore's law which states that the amount
of computing power available at a given price doubles every 18 months.
Today, though, before the government can legally recognize any
advancement in computing power, it must wait for 180 legislative days.
That is 6 of those 18 months. In 6 months, foreign competitors can leap
ahead of our technology. In 6 month, buyers can be attracted to other
products. In 6 months, companies restrained from filling already closed
deals can find themselves in great financial difficulty.

[[Page H3270]]

Even worse, we all know that a legislative day is not a day in any
conventional sense of the term. It can be as long or as short as we
wish. We can perform the miracle Joshua described, to stop the sun in
the sky. While that may be useful for legislation, it can stretch the
waiting period far beyond the 6 calendar months that can already be so
difficult for America's companies, and do so beyond the capacity of any
seer to predict.
This amendment recognizes the reality of technology. I would note
also that this amendment does not reduce the time available for
approval of particular export transactions. All of those controls
remain in place.

{time} 1600

I hope that all of my colleagues will join us in recognizing the
unique pace of technology development endorsing the rationality and
predictability in government regulations.
Ms. LOFGREN. Mr. Chairman, I yield 4\1/4\ minutes to the gentleman
from New York (Mr. Gilman).
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Chairman, I thank the gentlewoman for yielding me
time.
Mr. Chairman, I rise in strong support of the Dreier-Gilman-Skelton-
Tauscher amendment providing for a 60-day Congressional review period
for any decision by the administration to modify control levels for
high performance computers exported to certain countries and markets.
While I would prefer to shorten the current review period of 180 days
to 30 days to enable U.S. industry to respond quickly to rapid changes
in the speed and technology of computer chips and microprocessors, I am
in support of this bipartisan proposal.
In my view, this measure carefully balances the need for
Congressional oversight of our export control policy with the need to
make certain we do not put unnecessary roadblocks in the way of our
computer industry, which faces increasingly stiff competition in
markets throughout Europe and Asia.
This amendment in no way alters the current licensing policy
regarding these high performance computers and the Department of
Commerce's ongoing post-shipment verifications on the use of these
computers in countries of concern, including China and India. It does,
however, ensure that the administration is going to provide Congress
with an adequate review period for any proposed changes in computer
performance thresholds by requiring that it not include a Congressional
sine die adjournment.
By way of background on this issue, I point out to my colleagues that
there are widely divergent computer export controls that are now in
place designed to balance foreign availability with national security
concerns. The two factors determining whether an export license is
required for a high performance computer are its country of destination
and the number of MTOPS, million theoretical operations per second.
As of January of this year, the Department of Commerce has broke
broken down these countries into four separate tiers, with each tier
having its own separate licensing requirement.
The first tier includes Western Europe, Japan and Australia, Mexico
and Canada, where no individual validated license is required for any
computer exports.
The second tier includes the countries of South and Central America,
as well as a number of Asian countries, where an individual validated
license is required for the export of a computer above 20,000 MTOPS.
The third tier includes India, Pakistan, China, Russia, and the
countries of the Middle East, where exports are permitted without an
individual validated license for computers up to 6,500 MTOPS, but
sufficient licenses are required for exports for military uses above
this threshold level and for all other exports of computers having a
speed of 12,300 MTOPS or higher.
Tier 4 countries include Iran, Iraq, Libya, North Korea, Cuba, Sudan
and Syria, where virtually no computer exports are allowed.
The National Defense Authorization Act for Fiscal Year 1998 required
exporters to notify the Commerce Department of a proposed export or
reexport of a computer to a Tier 3 country with a speed of 2,000 MTOPS
or higher, subsequently increased to 6,500 MTOPS, and authorized our
President to raise this threshold level for these countries, but
stipulated that it should not go into effect until 180 days after the
President justifies the new policy in a written report to the Congress.
With computer product life cycles now averaging 3 months or less, a
requirement that our computer companies must wait 6 months before
exporting widely available high performance computers is both
unrealistic and unwarranted. This amendment before us simply shortens
the review period to 60 days while preserving Congressional
prerogatives and making no changes in our current export control
regulations. Accordingly, I urge our colleagues to fully support the
adoption of this measure.
Mr. DREIER. Mr. Chairman, let me express my appreciation to the
chairman of the Committee on International Relations for his
coauthorship of the amendment and his very thoughtful statement.
Mr. Chairman, I am very happy to yield 2 minutes to the gentleman
from South Carolina (Mr. Spence), the distinguished chairman of the
Committee on Armed Services and the man for whom this very important
defense authorization act is named.
(Mr. SPENCE asked and was given permission to revise and extend his
remarks.)
Mr. SPENCE. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in support of this amendment. I appreciate, I
want everyone to know, the willingness of the chairman of the Committee
on Rules to work with me in trying to find a legislative outcome that
would ensure our national security is not compromised by the export of
high performance computers to dangerous entities in countries of
proliferation concern. I believe that this amendment, which would
reduce the current waiting period for certain computer exports to those
countries from 180 days to 60 days, excluding the period of time when
the Congress has adjourned sine die, is an acceptable compromise.
Personally, I would have preferred a longer time frame for review in
order to allow Congress an opportunity to more fully debate and review
significant changes that the administration may propose in the level of
computing capability that may be exported to certain users without
government knowledge, especially during periods when Congress is not in
session.
Those of us who have expressed national security concerns about the
liberalization of export control policies under this administration
recognize that technology is rapidly advancing. The underlying
legislation this amendment would change also recognizes this fact by
allowing the administration to make such adjustments in the level of
computing power that can be exported without government review.
Nevertheless, I believe this amendment strikes an appropriate balance
between commercial concerns and national security requirements. Because
of this, Mr. Chairman, I support the amendment.
Ms. LOFGREN. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Dooley).
Mr. DOOLEY of California. Mr. Chairman, I rise in support of this
amendment, but also express some regret that we did not have the
opportunity to have this body act on an amendment which I think would
have even been more in tune with the realities we are seeing in today's
Information Age. When we look at the fact that we allow many sensitive
weapons, such as tanks, high performance aircraft and missiles, to be
exported from the United States with only a 30-day waiting period, it
seems somewhat irresponsible and inappropriate that we would not apply
that same standard to the exportation of high performance computers and
technology.
We are here today because we are recognizing that we are advancing
from an industrial-based economy to one that is based on information,
and the forces in an information-based economy are speed, whether it is
the speed of commerce, the speed of innovation, the speed of
communication, and we ought to be advancing regulations that are
consistent with our transformation into an information-based economy,
and a 30-day review period is more than adequate to allow us to ensure
that we

[[Page H3271]]

are not jeopardizing national security, and, at the same time, ensuring
that we are not impeding the ability of our economy, which is committed
to the technology sector to maximize their economic opportunities
internationally.
We have had some evidence where companies have been thwarted in their
ability to make sales of computers. Just last fall Apple Computers
developed a single processor that exceeded the export control limits,
and were precluded from marketing this product in over 50 countries.
We need to ensure that we do not have U.S. workers sacrificing market
opportunities because we have a regulation on the books that is not in
tune with the realities of this information-based economy in which we
now find ourselves.
I rise in support of this amendment. I hope as we continue this
process though that we can hopefully get back to looking at the
legislation that my good friends the gentleman from California (Mr.
Dreier) and the gentlewoman from California (Ms. Lofgren) would have
introduced that would have only required a 30-day period.
Mr. DREIER. Mr. Chairman, I yield such time as he may consume to the
distinguished gentleman from South Carolina (Mr. Spence), the chairman
of the Committee on Armed Services, who would like to make an
announcement.
Mr. SPENCE. Mr. Chairman, pursuant to section 5 of House Resolution
503, I announce to the House we will proceed with consideration of
amendments printed in the report on the rule in the following revised
order: Amendment No. 4; No. 20; No. 13; Nos. 5 through 9; Nos. 11 and
12; Nos. 14 through 19; Nos. 21 through 26; Nos. 28 through 35; No. 10;
and No. 27.
Mr. DREIER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me just say that I appreciate the very thoughtful
remarks of the gentleman from California (Mr. Dooley) in support of the
legislation that I and the gentlewoman from California (Ms. Lofgren)
introduced. Obviously I am a proponent of that 30-day period.
The fact of the matter is it was necessary for us to put together a
compromise, because obviously the 6-month period with which we have had
to deal over the past several years has been inadequate, and the most
recent experience we had actually delayed from July 23 of last year
until January 23 of this year the ability to increase the MTOPS level,
and we tried then to move for some kind of movement. Quite frankly, it
took the administration quite a while, because it was nearly 5 months
before that July 23 letter that the President sent that we made the
request of him to move for a lifting of the export control level.
So now we have come up with a compromise, which I believe is a
balanced one. Again, my first choice is the legislation that the
gentlewoman from California (Ms. Lofgren) and I introduced. But we have
come to a compromise, and I am very appreciative of the fact that my
colleagues the gentleman from South Carolina (Mr. Spence), the
gentleman from California (Mr. Hunter), the gentleman from Missouri
(Mr. Skelton), the gentleman from New York (Mr. Gilman) and the others
who have come to support this, have agreed to do that.
Mr. Chairman, I yield 2 minutes to my very good friend and classmate,
the gentleman from San Diego, California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I thank my good friend for yielding me
time, and I want to thank him for his hard work in trying to put
together a compromise that he feels would serve national security as
well as commercial interests.
Mr. Chairman, as one of the folks that believes that we fought the
Cold War right, let me just reflect to my colleagues that this species
of transfer of computers and supercomputers to potential adversaries is
a very dangerous game.
My colleague mentioned the Cold War. In fact, we won the Cold War and
liberated about half a billion people from slavery. In winning the Cold
War we were very careful not to transfer American militarily useful
technology to adversaries and potential adversaries.
Computers have a deadly potential. That is, they can help to upgrade
the nuclear weapons component of a military like China's. They can
upgrade their ability to throw missiles. They can upgrade those
militaries in almost every category, chemical, biological weapons.
One of my colleagues talked about helping American workers. American
workers have another interest, and that is to see to it that their
children are not killed on battlefields around the world by systems
that were transferred to those countries by the United States of
America.
This is a compromise. It is 60 days, and the time we are out of
session does not count in the review period. For that reason, those of
us who want to see very, very tight controls and review went along with
it.

{time} 1615

I might say to my colleagues, this is a very dangerous exercise that
we are engaged in. We have to be very conservative and very careful. We
have made massive mistakes in the past in transferring technology to
our adversaries. We do accept this, especially because of the
reservation of time that is spent out of session, so we are not going
to be surprised by a transfer by the President of something that we
think will be dangerous to American security. For that reason, the
committee has agreed to the compromise.
Ms. LOFGREN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I just think that it is important to establish a couple
of points about the agreement among Members. First, everybody in
America is glad the Cold War is over and we are glad that capitalism
won and we are glad that America won, so that is not an issue.
Number two, I think everybody agrees that there are some
supercomputers that should not be exported. I know that I do and I
think most of the companies in Silicon Valley, my home, believe that
there is some high-end equipment that can be used for a dual use
purpose and that it is not generally available and should be
controlled. I agree with that.
The issue really is what is widely available and already accessible
worldwide? And that is a changing number in terms of computing power,
and once we determine that someone can get it anywhere else we are not
really accomplishing anything by hampering our own economy.
I mention from time to time that if one can buy it at Fry's, it is
too late to control. Recently somebody said what is Fry's? Well, what
Fry's is is an electronic store in Silicon Valley where a person can
walk down the aisle and they can buy computer chips and mother boards,
and they can buy, and believe me this stuff is small, hardware that
violates our export controls at Fry's right now. If we think that there
are other countries in the world who cannot also go into Fry's, believe
me there is no security ID necessary to go shopping at Fry's, if we do
not think that people who want to get high computing power cannot
already get it, then I think we are sadly mistaken.
So we need to make sure that our export controls are really keyed in
to exporting power that is not available generally, and then once that
decision is made there is no point in having a long, long period of
time to implement it.
I mentioned earlier my disappointment over the 30- and 60-day issue.
I will not reiterate that, but I thought it was important to highlight
where we agree and not just where we disagree.
Mr. Chairman, I yield back the balance of my time.
Mr. DREIER. Mr. Chairman, do I have the right to close the debate on
this?
The CHAIRMAN pro tempore (Mr. Sununu). The gentleman from California
(Mr. Dreier) has the right to close and has 6\1/2\ minutes remaining.
Mr. DREIER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, let me first say that the pages are snickering because
when someone put an easel up next to me here, I said I do not need
charts. Well, this is one business where one can never admit to having
learned anything, but the fact is I have learned that one can use
charts if they are really good. So I have a really good chart here
which points to the fact that when we are looking at MTOPs levels,
MTOPs are millions of theoretical operations per second, MTOP

[[Page H3272]]

levels, we are actually debating very, very small computers here.
We are not talking about these supercomputers that go up to 3.2
million millions of theoretical operations per second. So the fact is,
we are talking about computers that are widely available, and what we
have done here is we have said that we simply want to make sure that
since the rest of the world is making these very small computers
available, that we in the United States should be able to compete with
them. It seems to me that is the right thing to do.
Now today, current law says that we have a 6-month review period. As
the gentleman from California (Mr. Dooley) pointed out, we have all
kinds of other things that are approved with a much shorter period of
time, 30 days. Now, people are concerned about the exports. My friend
from San Diego, the gentleman from California (Mr. Hunter), raised his
question on this. The gentlewoman from California (Ms. Lofgren) and I
introduced the legislation calling for 30 days, but I want to see it
reduced from the 6-month level, because if we look at the 3-month
innovation cycle that exists out there we need to make sure that we do
not have to be burdened with that 6-month period of time, and at the
same time, recognize the top priority of national security.
So in light of that, we have come to a compromise. I have to say that
I am troubled by those who would try to politicize this compromise
because it is one that we have worked out. I have talked to everyone
involved in this and gotten most people to agree. Again, the man for
whom this legislation, the defense authorization bill, is named, the
gentleman from South Carolina (Mr. Spence), the chairman of the
committee, has made a very supportive statement here. The coauthor of
the amendment is my friend from Missouri (Mr. Skelton), a Democrat. My
colleague, the gentlewoman from California (Mrs. Tauscher), and I
suspect that my friend the gentlewoman from California (Ms. Lofgren),
will be supportive when we do have a vote on this because it is the
best we can do at this juncture.
So I believe that it is the right thing to do and it is going to help
us go a long way towards making sure that we do not have an incentive
for our very, very important industry, the computer industry, which
frankly is responsible for 45 percent of the gross domestic product
growth that we have had in this country over the past 3 years, is not
in any way provided with an incentive to leave the United States and go
elsewhere because we put in the way hurdles for their continued
success.
So I urge support of this very important amendment.
Mr. KENNEDY of Rhode Island. Mr. Chairman, I rise today in support of
the Drier/Gilman Amendment to shorten from 180 days to 60 days the
amount of time for Congress to review the performance level that
defines high-speed computers; however, I am disappointed in the Rules
Committee's handling of this issue. Unfortunately, the Rules Committee
did not rule in order the Lofgren/Tauscher Amendment that would have
created a 30-day review time limit. I am disappointed that the
amendment that we have before us today is inadequate because it does
not go far enough to make meaningful change to our export policy.
On October 19, 1999, along with eleven of my Democratic colleagues
from the House Armed Services Committee, I signed a letter to Chairman
Spence and Mr. Skelton, indicating support for a change to the export
adjustment policy to a 30-day review period. That letter was meant to
indicate the support of several Democratic Committee Members for this
change and to reiterate the fact that advances in technology and
industry product cycles are simply moving too quickly to deal with a
180-day delay in the implementation of export regulations. It is
unreasonable to subject modifications in computer export regulations to
a six-month waiting period, or even a 60-day delay, while the sales of
tanks, rockets, and high-performance aircraft require only a thirty-day
review period. That is why I was extremely disappointed that the Rules
Committee did not allow an amendment to be ruled in order on a
reasonable 30-day review period.
Of course, I support the 60-day waiting period amendment as an
improvement, and will vote for the Dreier Amendment. Nevertheless, I do
feel that we have wasted an opportunity to make an even more practical
and necessary change to our computer export policy by not allowing an
amendment on a 30-day amendment to be ruled in order.
Mr. CROWLEY. Mr. Chairman, I rise today in support of the Dreier/
Skelton amendment to the National Defense Authorization Act to reduce
the waiting period for the export of computers from 180 days to 60
days.
The current 6-month waiting period clearly does not make sense for
products that have a 3-month innovation cycle and are widely available
from our foreign competitors. Until recently, export controls affected
only a small number of computers. But with recent advances in
microprocessor performance, many of the commonly available U.S.
business computers will be subject to U.S. unilateral export controls.
This amendment will enable American high tech companies to compete
more effectively around the world.
But I also want to express my hope that this legislation is only a
first step to a more comprehensive overhaul of the U.S. Export Control
System. We have to realize that our broken export control system
threatens to cost our computer industry valuable sales in some of the
most critical markets in the world.
This bipartisan amendment is support by the administration and by the
computer industry. I urge my colleagues to support it today.
Mr. SMITH of Washington. Mr. Chairman, I rise today in strong support
of shortening from 180 days to 60 days the Congressional review period
for changes to the thresholds for export controls on high speed
computers. While I have consistently maintained that the review period
should be 30 days, this amendment represents a workable compromise. It
is good for America's security and good for our Nation's economy
I have worked hard to update and improve our export controls since
almost my first day in Congress. I am proud to have consistently
supported loosening export controls--even when, at times, I was the
only voice in favor of doing so. Clearly, we've come a long way in the
last few years.
As a Member of the House Armed Services Committee, I am particularly
sensitive to the need to protect and maintain national security. This
measure not only ensures our country's national security, but also
allows the technology industry to deliver their products to overseas
customers and remain the world's leader in high speed computer
production.
One of the best ways to protect security interests is to ensure that
American companies continue to develop and sell the most advance
computer systems in the world. According to the independent Defense
Advisory Board, allowing foreign competitors to replace us in key
markets, could ``. . . have a stifling effect on U.S. military's rate
of technological advancement.'' At risk is nothing less than the
technological edge that is driving America's military and security
superiority.
One of the best ways to keep our economy vibrant is to promote the
export of technology. Industry needs the predictability of a 60 day
review period to execute their business plans and to move products that
have a three to six month innovation cycle. I am confident that this
measure will allow U.S. computer firms to deliver their products to
market in time to stay on top of foreign competitors.
I have been proud to fight this fight over the last several years,
and I am proud of the gains we have made today.
Mr. DREIER. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from California (Mr. Dreier).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. DREIER. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to House Resolution 503, further
proceedings on the amendment offered by the gentleman from California
(Mr. Dreier) will be postponed.
It is now in order to consider Amendment No. 4 printed in House
Report 106-621.

Amendment No. 4 Offered by Mr. Luther

Mr. LUTHER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Luther:
At the end of subtitle C of title I (page 27, after line
24), insert the following new section:

SEC. __. DISCONTINUATION OF PRODUCTION OF TRIDENT II (D-5)
MISSILES.

(a) Production Termination.--Funds appropriated for the
Department of Defense for fiscal years after fiscal year 2001
may not be obligated or expended to commence production of
additional Trident II (D-5) missiles.
(b) Authorized Scope of Trident II (D-5) Program.--Amounts
appropriated for the Department of Defense may be expended
for the Trident II (D-5) missile program only for

[[Page H3273]]

the completion of production of those Trident II (D-5)
missiles which were commenced with funds appropriated for a
fiscal year before fiscal year 2002.
(c) Funding Reduction.--The amount provided in section 102
for weapons procurement for the Navy is hereby reduced by
$472,900,000.

The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the
gentleman from Minnesota (Mr. Luther) and a Member opposed will each
control 5 minutes.
Mr. HUNTER. Mr. Chairman, I rise in opposition.
The CHAIRMAN pro tempore. The gentleman from California (Mr. Hunter)
claims the 5 minutes in opposition.
The Chair recognizes the gentleman from Minnesota (Mr. Luther).
Mr. LUTHER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I rise today with my colleagues, the gentleman from
Minnesota (Mr. Ramstad) and the gentleman from Massachusetts (Mr.
Frank), to offer a bipartisan amendment to discontinue funding for the
production of the Trident II D-5 submarine launch ballistic missile.
The U.S. Navy currently operates a ballistic missile submarine fleet
of 18 Ohio class submarines. Ten of these submarines are equipped with
the Trident II D-5 missiles, while the 8 older submarines carry the
Trident I C-4 missile, the D-5's predecessor. Each submarine carries 24
missiles.
Now, to comply with START II, the Navy is planning to retire four of
the older subs carrying the C-4 missiles and to backfit the other 4
with the new D-5 missiles, even though the Navy has currently an
inventory of 372 missiles. To do this backfit, the Navy has requested
an additional 12 Trident II D-5 missiles at a cost to the American
taxpayer of $472.9 million.
Mr. Chairman, given the dramatic change in our country's national
security needs, we simply do not need to have the taxpayers of this
country buy these additional Trident II D-5 missiles. The United States
is the unchallenged world leader of missiles. The Russian submarine
fleet is largely rusting in port. China has just one submarine with 12
ballistic missiles. We already have 372. Who could seriously argue that
we need any more?
The Congressional Budget Office estimates that ending production will
save the taxpayers $2.6 billion through fiscal year 2007, and retiring
all 8 older subs will lead to savings of approximately $4.7 billion
over the next 10 years.
These savings could be redirected toward other pressing needs in our
country, including defense needs such as the retraining of our military
personnel.
I urge my colleagues to support this common sense bipartisan
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, if one believes in strategic stability and deterrence,
and I think almost every Member of the Chamber believes that deterrence
has worked for the last 40 years, oppose this amendment.
We have three legs to our strategic triad. We have the land-based
leg, that is, our missiles that are in silos in the United States. They
are extremely vulnerable. They are very obvious. They are well targeted
by our adversaries.
We have bomber aircraft. Those bomber aircraft are also very visible.
They can be targeted on the runways very quickly.
We have one type of triad, the third type, which is not visible,
which is survivable, which can survive to retaliate and therefore deter
an adversary from making that first strike, throwing that first rock at
the United States of America. That leg of the triad is the submarine
leg.
Now we have 18 boats in the water, or boomers or SSBNs, missile
boats. We go down under START II, if the Senate ratifies START II with
the changes, which is no sure thing because the Russians changed START
II when the Duma made the ratification, so we now have to ratify START
II as changed, but even if that happens, we go down to 14 boats and
that requires more D-5 missiles.
Even if we do a START III, we are going to have 14 missile
submarines, and that still requires D-5. So these accurate, stabilizing
systems that are now the key and the heart of our strategic triad must
be preserved. Even if my colleagues think START II, as changed, is
going to be ratified by the Senate and signed, fine, go ahead and think
that. We still have to have 14 submarines. We still need D-5s on all of
those submarines.
Mr. Chairman, I reserve the balance of my time.
Mr. LUTHER. Mr. Chairman, I yield 2 minutes to my good friend, the
gentleman from Minnesota (Mr. Ramstad).
(Mr. RAMSTAD asked and was given permission to revise and extend his
remarks.)
Mr. RAMSTAD. Mr. Chairman, I thank the author of the amendment, the
gentleman from Minnesota (Mr. Luther), for yielding me this time.
Mr. Chairman, I rise today in strong support of the Luther-Ramstad
amendment to end production of the Trident II D-5 submarine launch
ballistic missile. The appropriations bill before us today includes, as
the gentleman from Minnesota (Mr. Luther) stated, almost $473 million
for the purchase of 12 Trident II D-5 missiles. The Congressional
Budget Office estimates that our amendment would save taxpayers $2.6
billion through 2007 and $4.7 billion over the next 10 years, money
much better spent on our enlisted families in the military who are on
food stamps.
The Navy already has a surplus of missiles, 25 more missiles than it
says, the Navy says, are necessary to support its submarine force.
We should not be spending scarce military dollars on a Cold War relic
that is not needed to effectively support our military's mission.
As a strong budget hawk and fiscal conservative, I believe that each
and every area of the Federal budget must be scrutinized for savings.
This Trident missile program has outlived its usefulness. It is time to
save taxpayers from being forced to fund it.
This important amendment would save taxpayers money without, in any
way, jeopardizing national security, and I urge my colleagues to
support it. I urge a vote for fiscal sanity. Vote yes on the Luther-
Ramstad amendment.

{time} 1630

Mr. HUNTER. Mr. Chairman, I yield myself 30 seconds.
Mr. Chairman, I have a Navy document in front of me that I am reading
that gives the state of play with these D5 missiles. It states, ``With
no D5 production beyond FY 2000, available inventory will only support
outfitting of 11 Trident 2 SSBNs. So we are stopping short three
submarine-loads of SSBNs if we stop production now.
It says further, we have to pull more submarines or more missiles
each year out of inventory to support testing, so we are going to be
going downhill in this very important part of our strategic triad.
Mr. Chairman, I yield 2 minutes to my friend, the gentleman from
Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, the gentleman from California is absolutely
correct. If we pass this amendment, only 11 Tridents would have the D5.
We need 14. We are coming down from 18 to 14.
The other problem is that the existing missile, the C4 missile, is at
the end of its useful life. In order to retrofit it and improve it, in
order to use it over the lifetime of the submarine, we would have to
spend almost as much money to do that as to get the existing D5. We are
also 50 D5s short of inventory requirements.
Having said that, this missile, the D5 missile, is the only one we
have today in actual production. This is the only missile the United
States is producing. Therefore, killing this program would end all of
our active missile procurement at a time when I think that would be a
serious mistake.
Also, if they do this, then the United States would have to either
build more land-based missiles or more bombers at a much higher cost
than finishing out this particular program.
The D5 is our most effective and accurate missile, and I believe that
the undersea deterrent is the most survivable part of our triad. We
have an advantage here that we would unilaterally be giving up at a
time when we are asking the Russians to enter into a START III
agreement at lower levels.
The leverage for that is because of our ballistic missile submarines.
That is where we have an advantage over the Soviets. We would be
unilaterally giving up that advantage. It makes no

[[Page H3274]]

sense. The D5 has been a first rate system. We need to backfit it on
the four Pacific Tridents. It is part of our overall defense plan. It
is something that this administration favors.
Who favors it? The President of the United States, the Secretary of
Defense, and the Secretary of the Navy, the Chief of Naval Operations,
that is who supports it, along with, I hope, a majority of the House of
Representatives.
Mr. LUTHER. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I rise in support of the Luther amendment.
I appreciate my colleagues' and all of our colleagues' tireless efforts
to fight and eliminate the Trident missile, a true relic of the Cold
War.
With the potential for nuclear warhead reduction from the START II
procedures, pending that ratification, we will not need to invest in
missiles today that could be unnecessary in the near future. It is a
waste.
Continuing the Trident's production wastes billions of dollars. In
fact, terminating production of the Trident missiles, as this amendment
does, the CBO estimates it would save over $2.5 billion over the next 7
years. In fiscal year 2001 alone it would save $473 million.
Mr. Chairman, this is money that can be invested in our children and
their education, our seniors and their health care, and our families
and their security. I urge my colleagues to invest in people. Vote for
this amendment.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this is a centerpiece of our strategic deterrent. The
amount of money we are talking about here is less than 1 percent of the
defense budget. With a growing nuclear club around the world, it is
important for us to preserve the most important part of our nuclear
deterrent.
This amendment would gut that program and would hurt strategic
stability. Please vote against this amendment offered by my friend, the
gentleman from Minnesota (Mr. Luther).
Mr. LUTHER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I respect the point of view that this is the
centerpiece of our defense, and yes, I do not disagree with that, but
we have 372 of these missiles already. Who would suggest that we need
12 more when we have the pressing needs that we have in this country?
This amendment, Mr. Chairman, is supported by Taxpayers for Common
Sense, the Council for a Livable World. Let us get some common sense in
this body. That is all we are asking for on this amendment. Let us
support this amendment and start sharing the resources that are in this
bill with the other needs of our country.
The CHAIRMAN pro tempore (Mr. Sununu). The question is on the
amendment offered by the gentleman from Minnesota (Mr. Luther).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. LUTHER. Mr. Chairman, I demand a recorded vote, and pending that,
I make the point of order that a quorum is not present.
The CHAIRMAN pro tempore. Pursuant to House Resolution 503, further
proceedings on the amendment offered by the gentleman from Minnesota
(Mr. Luther) are postponed.
The point of no quorum is considered withdrawn.
Mr. HUNTER. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Vitter) having assumed the chair, Mr. Sununu, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4205) to authorize appropriations for fiscal year 2001 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for fiscal year 2001, and for
other purposes, had come to no resolution thereon.

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