[Congressional Record Volume 146, Number 62 (Thursday, May 18, 2000)]
[House]
[Pages H3321-H3346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 4205, FLOYD D. SPENCE
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001
Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 504 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 504
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for further
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.
Sec. 2. (a) No further amendment to the committee amendment
in the nature of a
[[Page H3322]]
substitute shall be in order except those printed in the
report of the Committee on Rules accompanying this resolution
and pro forma amendments offered by the chairman or ranking
minority member of the Committee on Armed Services for the
purpose of debate.
(b) Except as specified in section 4 of this resolution,
each amendment printed in the report of the Committee on
Rules shall be considered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. Each amendment printed in the
report shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an
opponent and shall not be subject to amendment (except as
specified in the report and except that the chairman and
ranking minority member of the Committee on Armed Services
each may offer one pro forma amendment for the purpose of
further debate on any pending amendment).
(c) All points of order against amendments printed in the
report of the Committee on Rules are waived.
Sec. 3. The Chairman of the Committee of the Whole may: (1)
postpone until a time during further consideration in the
Committee of the Whole a request for a recorded vote on any
amendment; and (2) reduce to five minutes the minimum time
for electronic voting on any postponed question that follows
another electronic vote without intervening business,
provided that the minimum time for electronic voting on the
first in any series of questions shall be 15 minutes.
Sec. 4. The Chairman of the Committee of the Whole may
recognize for consideration of any amendment printed in the
report of the Committee on Rules out of the order printed,
but not sooner than one hour after the chairman of the
Committee on Armed Services or a designee announces from the
floor a request to that effect.
Sec. 5. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
The SPEAKER pro tempore. The gentleman from Texas (Mr. Sessions) is
recognized for 1 hour.
Mr. SESSIONS. Mr. Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Texas (Mr. Frost),
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
Mr. Speaker, yesterday the Committee on Rules met and granted a rule
to provide for further consideration of H.R. 4205, the fiscal year 2001
Department of Defense Authorization Act. The rule provides that no
further amendment to the committee amendment in the nature of a
substitute be in order, except those printed in the Committee on Rules
report accompanying the resolution and pro forma amendments offered by
the chairman or ranking minority member of the Committee on Armed
Services for the purpose of debate.
The rule provides that, except as specified in section 4 of the
resolution, each amendment printed in the report shall be considered
only in the order printed in the report, may be offered only by a
Member designated in the report, shall be considered as read and shall
not be subject to a demand for division of the question in the House or
Committee of the Whole.
The rule provides that each amendment printed in the report shall be
debatable for the time specified and equally divided and controlled by
the proponent and opponent, and shall not be subject to amendment,
except as specified in the report and except that the chairman and
ranking minority member of the Committee on Armed Services may each
offer one pro forma amendment for the purpose of debate on any pending
amendment.
The rule waives all points of order against the amendments printed in
the report.
The rule allows the chairman of the Committee of the Whole to
postpone votes on amendments during consideration of the bill and to
reduce voting time to 5 minutes on a postponed question if the vote
follows a 15-minute vote.
The rule allows the chairman of the Committee of the Whole to
recognize for the consideration of any amendment printed in the report
out of the order 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.
Finally, the rule provides for one motion to recommit, with or
without instructions.
Mr. Speaker, this is rule number 2 for H.R. 4205. Yesterday and this
morning, under rule number 1, we debated 35 amendments to the bill.
Today we will consider another seven. In the end, out of 102 amendments
submitted to the Committee on Rules, the House will consider 42.
Today's rule provides for a full and fair debate on several
controversial issues. I will vote against many of these amendments, but
it is important that the House is able to work its will on issues such
as abortion on military bases, the School of the Americas, and health
care for our military retirees.
Mr. Speaker, H.R. 4205 is a good bill, it is a bipartisan bill. At
long last, we are taking care of our men and women in uniform, we are
getting them off of food stamps and out of substandard housing, and we
are giving them tools to win on the battlefield, and I believe this is
the right thing for America.
I urge my colleagues to support this rule and to support the
underlying bill. Now, more than ever, we must provide for our national
security.
Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in reluctant opposition to this rule. The
authorization for the programs and activities of the Department of
Defense is one of the most important legislative proposals we will have
under consideration during the course of this year.
This legislation dictates the policies we as a Congress want to set
for the defense of our great Nation and authorizes $309 billion to
carry them out. A bill of this scope and magnitude deserves to be fully
debated so that all points of view can be expressed and heard. Yet, Mr.
Speaker, the Republican majority in the House has denied the Members of
this body just that opportunity. A total of 102 amendments were
submitted to the Committee on Rules, yet, with this rule now under
consideration, less than one-half of that number will be heard.
{time} 1200
In addition, one of the most important policy issues relating to
medical care for military retirees has not been fully addressed and a
new amendment on the issue, an amendment that was not even filed with
the committee, as was required of every other amendment, has been made
in order in this rule.
Mr. Speaker, shortchanging our military retirees to achieve short-
term political gain is nothing more than a cheap trick. The committee
went part of the way to solving this issue by making in order the
Taylor amendment, but it did not make in order the more comprehensive
Shows amendment.
Mr. Speaker, the gentleman from Mississippi (Mr. Shows) has, since he
came to Congress, been working diligently to fashion legislation that
will provide meaningful healthcare for our military retirees. He has
introduced legislation that would fulfill a promise that has been made
to every member of the armed services: Stay in 20 years and they will
receive healthcare for the rest of their life.
Mr. Speaker, 298 Members of this body have cosponsored the
gentleman's bill. Yet the Committee on Rules on a straight party line
vote last night denied the gentleman from Mississippi (Mr. Shows) the
opportunity to offer his amendment.
Fortunately, the Committee on Rules has allowed the gentleman from
Mississippi (Mr. Taylor) to offer his amendment, which expands and
makes permanent the TRICARE senior prime program, or Medicare
subvention. The Taylor amendment would make permanent a program which
allows Medicare eligible retirees to use military hospitals for their
Medicare care and would extend the program nationwide.
The Taylor amendment is a very good amendment and should be adopted
by the House. The Taylor amendment
[[Page H3323]]
has been endorsed by a number of organizations, including the Military
Coalition, the National Military and Veterans Alliance, the Retired
Officers Association and the Retired Enlisted Association.
Yet the Republican majority has made in order a substitute to the
Taylor amendment, a substitute that can be described as nothing more
than a poison pill. The Republican majority has deliberately set out to
deny the House the right to fulfill a promise made long ago to those
men and women who served faithfully and honorably for 20 years or more
in our Nation's armed services.
Mr. Speaker, it is a sad day when the Republican leadership in this
House will not allow its Members to do the right thing. It is a sad day
when the Republican leadership denies the House the right to vote on a
proposal, which has overwhelming support of Members of both parties,
for purely politically partisan reason. It is a sad day when the
Republican leadership knows its own position is so politically
indefensible that it will not even allow an up or down vote on a
valuable and worthy proposal like the Taylor amendment.
Mr. Speaker, this rule is deficient also because it has failed to
make in order an amendment by the gentlewoman from New York (Mrs.
McCarthy). The McCarthy amendment strikes a provision in the bill which
allows the Department of Defense to do business with firearms
manufacturers and vendors who have not been party to a code of conduct
agreement.
This is an amendment that is worthy of consideration in the House and
it should be made a part of this rule.
Mr. Speaker, it is my intention to oppose ordering the previous
question on this resolution. The fact that the Shows amendment has not
been made in order in the rule and the fact that the rule makes in
order a poison pill substitute to the Taylor amendment, the fact that a
number of other worthy amendments, such as the McCarthy amendment, were
not even given the time of day by the Republican majority, are reasons
enough to oppose the previous question and the rule.
Mr. Speaker, the Republican majority is shortchanging this bill by
limiting debate on issues it addresses. The authorization for the
Department of Defense is the single largest authorization we will
consider this year. Yet the majority has seen fit to address less than
half of the amendments offered to be considered by this House.
Mr. Speaker, Members should reject this rule and allow the House to
debate fully the many important policy issues that the Republican
leadership will not allow us to consider.
Mr. Speaker, I reserve the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Saxton).
Mr. SAXTON. Mr. Speaker, I thank the gentleman from Texas (Mr.
Sessions) for yielding me this time.
Mr. Speaker, I rise in strong support of the rule and wish to take
this time to engage the gentleman from Pennsylvania (Mr. Weldon) in a
colloquy.
I would say to the gentleman from Pennsylvania (Mr. Weldon), the Navy
theater-wide missile defense program is an important component of our
Nation's defense against the threat of ballistic missiles targeted
against the United States and against our Armed Forces and allies
overseas.
Last year the Congress provided an additional $50 million for a
continuation of Navy's competitive development of the advanced radars
for theater missile defense, as well as providing funds for the
development of the multiyear, multifunction radar and volume search
radar for fleet air defense and surveillance.
The committee's report on the fiscal year 2001 national defense
authorization notes that the Navy is considering an X-band radar high
power discriminator and modifications to the current SPY-1 radar to
meet ballistic missile defense radar needs for Navy theater-wide and
recommends an additional $10 million for development of an alternative
advanced radar technology for the 2010 time frame.
The report also expresses the committee's concern that the Navy
theater-wide defense deployment schedule is inadequate to meet the
expected threats and is inadequately funded.
In addition, the Senate Committee on Armed Services report on the
fiscal year 2001 defense authorization does not add funds for
additional radar development and if adopted by the Senate in its
present form will establish an issue that will need to be resolved in
this year's House-Senate conference on the Fiscal Year 2001 National
Defense Authorization Act.
Mr. WELDON of Pennsylvania. Mr. Speaker, will the gentleman yield?
Mr. SAXTON. I yield to the gentleman from Pennsylvania, the chairman
of the Subcommittee on Military Research and Development.
Mr. WELDON of Pennsylvania. Mr. Speaker, the gentleman is correct.
The House committee's report states that major ballistic missile
defense programs such as Navy theater-wide are not adequately funded
throughout the future years' defense program to achieve timely
operational capability.
The committee places a high priority on the ballistic missile defense
program and urges the Department of Defense to commit the funds
necessary to achieving timely deployment of systems that will defeat
current and future ballistic missile defense threats.
The committee also notes that the interim report on the surface Navy
radar road map study recently submitted to the Congress states that a
series of time-phased radar development decisions must be made to
support varying surface ship acquisitions, including requirements for
SPY-1 radar upgrades for the near-term Navy theater-wide Block I and
investment in technologies for mid- and long-term needs for Navy
theater-wide Block II.
The committee report states that a clearly defined and funded radar
road map is necessary to ensure the necessary upgrade to Legacy radar
systems and the development of new radar systems and also states that
the expectation of the Navy's approved radar program will be
incorporated in the fiscal year 2002 budget requirement.
Having said that, I will be happy to work with the gentleman during
the defense authorization conference to ensure development of advanced
technologies and specifically fight for $15 million in additional
funding for Navy theater-wide missile defense programs.
Mr. SAXTON. I thank the gentleman and look forward to working with
him to provide the ballistic missile defense required to protect our
armed services and our Nation.
Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from
Mississippi (Mr. Shows).
(Mr. SHOWS asked and was given permission to revise and extend his
remarks.)
Mr. SHOWS. Mr. Speaker, I thank the gentleman from Texas (Mr. Frost)
for yielding me this time, and I thank him so much and appreciate him
taking up for my bill.
Mr. Speaker, I rise today to express my strong opposition to this
rule and, frankly, my concern about our military retirees. Today,
millions of Americans are prisoners of war, POWs right here in America.
These POWs are our American military retirees and their families, and
they are being held prisoners by politics.
I have offered an amendment to the defense bill that is identical to
the Shows-Norwood Keep Our Promise to America's Military Retirees bill,
H.R. 3573, which has 298 cosponsors in this House; 298 Members of the
United States Congress have cosponsored this bill because thousands
upon thousands of military retirees have mobilized in an effort in
saying their healthcare is inadequate, saying they served their country
faithfully; they earned their healthcare that was promised them; and
saying H.R. 3573 is the answer.
Now legislative rules and decisions are failing our military
retirees. It harms our military and continues to break the promise of
earned healthcare for those who have committed their lives to the
defense of this country.
It can be called whatever it will, bipartisanship, nonpartisanship,
but I call it America doing the right thing.
Our military retirees stood for democracy during World War II. My
father was one of them. Korea, Vietnam, Desert Storm and Bosnia. Now
they suffer under poor healthcare and today they are prisoners of war
being held hostage by the political games.
[[Page H3324]]
These men and women deserve not political games but, rather,
nonpartisan courage.
The large number of cosponsors are a reflection of the tremendous
grass-roots support for Keep Our Promise Act.
Mr. Speaker, military retirees do not need more test programs or
commissions to tell them what they already know. The military
healthcare system does not work. We do not need to establish a road
map, Mr. Speaker, because military retirees have been down that road
for years. Thousands of military retirees and veterans die every month
while Congress spins its wheels agonizing over the problem. Extending
test programs and establishing yet another commission for 4 years will
not get healthcare to retirees who need it.
Mr. Speaker, I know many of my colleagues have suffered what we call
sticker shock over the projected cost of my bill, but we have bent over
backwards to make Keep Our Promise Act cost effective by adding
language that cuts the projected cost by more than half. So surely the
cost of the bill cannot be the problem.
Mr. Speaker, some of my colleagues believe we just do not have the
funds to pay for the Promise bill, but just last week our own CBO
office identified a $40 billion super surplus, money under the
mattress. So it cannot be the funding issue that troubles the
committee.
Oppose the rule. Let us be honest with the American people. Let us do
the honorable thing for our military heroes. Our military retirees
deserve nothing less. Our military retirees should never be prisoners
of war due to political games in their own country.
Oppose this rule. Any of my colleagues who are one of the 298
cosponsors of H.R. 3573, a vote for the rule would not make sense, and
I will include in the Record, following my remarks, a list of the
cosponsors of H.R. 3573.
Mr. Speaker, let us move forward and vote on the Keep Our Promise
Act.
H.R. 3573 Cosponsors
author
Shows, Ronnie--D-MS
296 Cosponsors thru 5-16-00
Norwood, Charlie--R-GA, coauth
Aderholt, Robert B.--R-AL
Allen, Thomas H.--D-ME
Andrews, Robert E.--D-NJ
Baca, Joe--D-CA
Bachus, Spencer--R-AL
Baird, Brian--D-WA
Baldacci, John Elias--D-ME
Baldwin, Tammy--D-WI
Barcia, James A.--D-MI
Barr, Bob--R-GA
Bass, Charles F.--R-NH
Becerra, Xavier--D-CA
Berkley, Shelley--D-NV
Berman, Howard L.--D-CA
Berry, Marion--D-AR
Biggert, Judy--R-IL
Bilbray, Brian, P.--R-CA
Bilirakis, Michael--R-FL
Bishop, Sanford D., Jr.--D-GA
Blagojevich, Rod R.--D-IL
Blunt, Roy--R-MO
Boehlert, Sherwood L.--R-NY
Bonilla, Henry--R-TX
Bonior, David E.--D-MI
Bono, Mary--R-CA
Boucher, Rick--D-VA
Brady, Robert A.--D-PA
Brown, Corrine--D-FL
Brown, Sherrod--D-OH
Bryant, Ed--R-TN
Burr, Richard--R-NC
Burton, Dan--R-IN
Callahan, Sonny--R-AL
Calvert, Ken--R-CA
Camp, Dave--R-MI
Canady, Charles T.--R-FL
Cannon, Chris--R-UT
Capps, Lois--D-CA
Capuano, Michael E.--D-MA
Carson, Julia--D-IN
Chambliss, Saxby--R-GA
Chenoweth-Hage, Helen--R-ID
Christensen, Donna M.C.--D-VI
Clayton, Eva M.--D-NC
Clement, Bob--D-TN
Clyburn, James E--D-SC
Coburn, Tom A.--R-OK
Collins, Mac--R-GA
Condit, Gary A.--D-CA
Conyers, John, Jr.--D-MI
Cook, Merrill--R-UT
Cooksey, John--R-LA
Costello, Jerry F.--D-IL
Coyne, William J.--D-PA
Cramer, Robert (Bud), Jr.--D-AL
Cummings, Elijah E.--D-MD
Cunningham, Randy Duke--R-CA
Danner, Pat--D-MO
Davis, Danny K.--D-IL
Davis, Thomas M.--R-VA
Deal, Nathan--R-GA
DeFazio, Peter A.--D-OR
DeGette, Diana--D-CO
Delahunt, William D.--D-MA
DeLauro, Rosa L.--D-CT
Deutsch, Peter--D-FL
Diaz-Balart, Lincoln--R-FL
Dickey, Jay--R-AR
Dicks, Norman D.--D-WA
Dingell, John D.--D-MI
Dixon, Julian C.--D-CA
Doolittle, John T.--R-CA
Doyle, Michael F.--D-PA
Duncan, John J., Jr.--R-TN
Dunn, Jennifer--R-WA
Edwards, Chet--D-TX
Ehrlich, Robert L., Jr.--R-MD
Emerson, Jo Ann--R-MO
Engel, Eliot L.--R-NY
English, Phil--R-PA
Eshoo, Anna G.--D-CA
Etheridge, Bob--D-NC
Evans, Lane--D-IL
Everett, Terry--R-AL
Faleomavaega, Eni F.H.--D-AS
Farr, Sam--D-CA
Fattah, Chaka--D-PA
Filner, Bob--D-CA
Fletcher, Ernie--R-KY
Foley, Mark--R-FL
Forbes, Michael P.--D-NY
Ford, Harold E., Jr.--D-TN
Fowler, Tillie K.--R-FL
Frank, Barney--D-MA
Franks, Bob--R-NJ
Frost, Martin--D-TX
Gallegly, Elton--R-CA
Gejdenson, Sam--D-CT
Gephardt, Richard A.--D-MO
Gibbons, Jim--R-NV
Gilchrest, Wayne T.--R-MD
Gillmor, Paul E.--R-OH
Gilman, Benjamin A.--R-NY
Gonzalez, Charles A.--D-TX
Goode, Virgil H., Jr.--I-VA
Goodling, William F.--R-PA
Gordon, Bart--D-TN
Graham, Lindsey O.--R-SC
Granger, Kay--R-TX
Green, Gene--D-TX
Green, Mark--R-WI
Greenwood, James C.--R-PA
Gutierrez, Luis V.--D-IL
Hall, Tony P.--D-OH
Hall, Ralph M.--D-TX
Hansen, James V.--R-UT
Hastings, Alcee L.--D-FL
Hastings, Doc--R-WA
Hayes, Robin--R-NC
Hayworth, J.D.--R-AZ
Herger, Wally--R-CA
Hill, Rick--R-MT
Hilleary, Van--R-TN
Hilliard, Earl F.--D-AL
Hinchey, Maurice D.--D-NY
Hinojosa, Ruben--D-TX
Hoeffel, Joseph M.--D-PA
Holden, Tim--D.-PA
Holt, Rush D.--D-NJ
Hooley, Darlene--D-OR
Horn, Stephen--R-CA
Hoyer, Steny H.--D-MD
Hunter, Duncan--R-CA
Hutchinson, Asa--R-AR
Hyde, Henry J.--R-IL
Inslee, Jay--D-WA
Isakson, Johnny--R-GA
Istook, Ernest J., Jr.--R-OK
Jackson, Jesse L., Jr.--D-IL
Jackson-Lee, Sheila--D-TX
Jefferson, William J.--D-LA
Jenkins, William L.--R-TN
John, Christopher--D-LA
Johnson, Eddie Bernice--D-TX
Johnson, Sam--R-TX
Jones, Stephanie Tubbs--D-OH
Jones, Walter B.--R-NC
Kanjorski, Paul E.--D-PA
Kaptur, Marcy--D-OH
Kelly, Sue--R-NY
Kennedy, Patrick J.--D-RI
Kildee, Dale E.--D-MI
Kilpatrick, Carolyn C.--D-MI
Kind, Ron--D-WI
Kingston, Jack--R-GA
Klink, Ron--D-PA
Kucinich, Dennis J.--D-OH
Kuykendall, Steven T.--R-CA
LaFalce, John J.--D-NY
LaHood, Ray--R-IL
Lampson, Nick--D-TX
Lantos, Tom--D-CA
LaTourette, Steven C.--R-OH
Lee, Barbara--D-CA
Lewis, John--D-GA
Lewis, Ron--R-KY
Linder, John--R-GA
Lipinski, William O.--D-IL
LoBiondo, Frank A.--R-NJ
Lofgren, Zoe--D-CA
Lucas, Frank D.--R-OK
Lucas, Ken--D-KY
Maloney, Carolyn B.--D-NY
Manzullo, Donald A.--R-IL
Martinez, Matthew G.--D-CA
Mascara, Frank--D-PA
Matsui, Robert T.--D-CA
McCarthy, Carolyn--D-NY
McCollum, Bill--R-FL
McDermott, Jim--D-WA
McGovern, James P.--D-MA
McHugh, John M.--R-NY
McIntosh, David M.--R-IN
McIntyre, Mike--D-NC
McKeon, Howard ``Buck''--R-CA
McKinney, Cynthia A.--D-GA
McNulty, Michael R.--D-NY
Meehan, Martin T.--D-MA
Meek, Carrie P.--D-FL
Meeks, Gregory W.--D-NY
Metcalf, Jack--R-WA
Mica, John L.--R-FL
Millender-McDonald, J.--D-CA
Miller, George--D-CA
Moakley, John Joseph--D-MA
Mollohan, Alan B.--D-WV
Moran, James P.--D-VA
Moran, Jerry--R-KS
[[Page H3325]]
Morella, Constance A.--R-MD
Murtha, John P.--D-PA
Napolitano, Grace F.--D-CA
Neal, Richard E.--D-MA
Nethercutt, George R., Jr.--R-WA
Ney, Robert W.--R-OH
Norton, Eleanor Holmes--D-DC
Oberstar, James L.--D-MN
Olver, John W.--D-MA
Ortiz, Solomon P.--D-TX
Owens, Major R.--D-NY
Oxley, Michael G.--R-OH
Pallone, Frank, Jr.--D-NJ
Pascrell, Bill, Jr.--D-NJ
Pastor, Ed--D-AZ
Paul, Ron--R-TX
Payne, Donald M.--D-NJ
Pelosi, Nancy--D-CA
Peterson, Collin C.--D-MN
Peterson, John E.--R-PA
Phelps, David D.--D-IL
Pickering, Charles ``Chip''--R-MS
Pombo, Richard W.--R-CA
Pomeroy, Earl--D-ND
Price, David E.--D-NC
Quinn, Jack--R-NY
Radanovich, George--R-CA
Rahall, Nick, J. II--D-WV
Riley, Bob--R-AL
Rivers, Lynn N.--D-MI
Rodriguez, Ciro D.--D-TX
Rogan, James E.--R-CA
Rohrabacher, Dana--R-CA
Romero-Barcelo, Carlos--D-PR
Rothman, Steven R.--D-NJ
Roukema, Marge--R-NJ
Roybal-Allard, Lucille--D-CA
Rush, Bobby L.--D-IL
Ryan, Paul--R-WI
Sanchez, Loretta--D-CA
Sanders, Bernard--I-VT
Sandlin, Max--D-TX
Saxton, Jim--R-NJ
Scarborough, Joe--R-FL
Schaffer, Bob--R-CO
Schakowsky, Janice D.--D-IL
Scott, Robert C.--D-VA
Sessions, Pete--R-TX
Shaw, E. Clay, Jr.--R-FL
Sherwood, Don--R-PA
Slaughter, Louise M.--D-NY
Smith, Adam--D-WA
Smith, Christopher H.--R-NJ
Smith, Lamar S.--R-TX
Souder, Mark E.--R-IN
Spence, Floyd--R-SC
Stabenow, Debbie--D-MI
Stearns, Cliff--R-FL
Strickland, Ted--D-OH
Stupak, Bart--D-MI
Sununu, John E.--R-NH
Sweeney, John E.--R-NY
Talent, James M.--R-MO
Tanner, John S.--D-TN
Taylor, Charles H.--R-NC
Taylor, Gene--D-MS
Terry, Lee--R-NE
Thompson, Bennie G.--D-MS
Thompson, Mike--D-CA
Thune, John R.--R-SD
Thurman, Karen L.--D-FL
Tierney, John F.--D-MA
Toomey, Patrick J.--R-PA
Towns, Edolphus--D-NY
Traficant, James A., Jr.--D-OH
Udall, Mark--D-CO
Udall, Tom--D-NM
Upton, Fred--R-MI
Vitter, David--R-LA
Walden, Greg--R-OR
Walsh, James T.--R-NY
Wamp, Zach--T-TN
Watkins, Wes--R-OK
Watt, Melvin L.--D-NC
Watts, J. C., Jr.--R-OK
Weiner, Anthony D.--D-NY
Weldon, Dave--R-FL
Wexler, Robert--D-FL
Weygand, Robert A.--D-RI
Whitfield, Ed--R-KY
Wicker, Roger F.--R-MS
Wilson, Heather--R-NM
Wise, Robert E., Jr.--D-WV
Wolf, Frank R.--R-VA
Woolsey, Lynn C.--D-CA
Wu, David--D-OR
Wynn, Albert Russell--D-MD
Young, Don--R-AK
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, what I would like to do is politely respond to the
gentleman from Mississippi (Mr. Shows) and agree with him that we must
provide adequate healthcare for our Nation's retirees. However, the
Committee on Rules with this rule has worked to ensure that our Nation
adequately takes care of and lives up to its promises to the service
men and women.
We have allowed the House to consider amendments that would both
expand the current Medicare pilot program and to create a permanent
program, and those votes will be allowed today.
This is about the rule, the rule to make sure that we have dealt
fairly with everyone to allow this debate, and that is what this is for
and that is why I am proud of what we are doing.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Nevada (Mr. Gibbons).
(Mr. GIBBONS asked and was given permission to revise and extend his
remarks.)
Mr. GIBBONS. Mr. Speaker, I rise in strong support of this rule. It
is well crafted and well focused and will bring about much important
debate on our national security.
Mr. Speaker, when we talk about our national defense, we must all
remember that our national security is multifaceted. It is not solely
built and maintained by our military soldiers, sailors, airmen and
Marines. We must also recognize those citizen veterans of the Cold War
who served our country by building and testing the American strategic
arsenal of democracy.
Although we cannot give these individuals a Purple Heart for their
injuries, I, along with some of my colleagues, have been diligently
working on a comprehensive compensation program for these injured
workers.
During our committee markup of this bill, I offered just such an
amendment to establish such a comprehensive worker's compensation
program but, unfortunately, the complex committee jurisdictional
programs forced its withdrawal. I did, however, get commitments of
support from the chairman of the full committee and the Subcommittee on
Military Procurement for introduction of such a piece of legislation.
In light of this support I, along with my colleagues, the gentleman
from Kentucky (Mr. Whitfield), the gentleman from Ohio (Mr.
Strickland), the gentleman from Pennsylvania (Mr. Kanjorski), the
gentleman from Tennessee (Mr. Wamp) and the gentleman from Colorado
(Mr. Udall) have offered our bipartisan sense of Congress amendment,
and I want to thank the Republican leadership and my friend, the
gentleman from Texas (Mr. Sessions), as well as the gentleman from
California (Mr. Dreier), the distinguished chairman of the Committee on
Rules, for this rule, which makes this amendment in order and allows
for that much-needed debate on the issue.
Mr. Speaker, contrary to the arguments of those who simply want to
jump on the bandwagon and then immediately demand to steer, this sense
of Congress amendment will provide the necessary momentum to get this
vital compensation program actually enacted into law.
{time} 1215
Again, I support this rule, and I urge all Members to support the
rule and our amendment, which issues a clarion call for swift action on
a comprehensive Department of Energy injured worker compensation
program.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from South
Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Speaker, I would like to engage the distinguished
gentleman from South Carolina (Mr. Spence), the chairman of the
committee, in a colloquy.
Mr. Speaker, I thank the chairman for his leadership in bringing this
legislation to the House floor once again, H.R. 4205, the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001. It is a
good bill, and all the better because of the title it bears. I
supported it in the committee, and I am proud to support it here on the
floor.
I would like to take just a moment and ask the chairman about a
provision in the bill on which we have collaborated in the past and
which the gentleman helped reauthorize this year. That is Section 807
in title VIII of the bill.
It is my understanding that this section simply removes the sunset
date of October 1, 2000, for existing statutory rules that apply to the
procurement of ball and roller bearings.
Mr. Speaker, I ask the gentleman, do the changes made to existing
U.S. law by H.R. 4205 mean that the limits on procurement of non-U.S.
bearings will continue to have the effect of law?
Mr. SPENCE. Mr. Speaker, will the gentleman yield?
Mr. SPRATT. I yield to the gentleman from South Carolina.
Mr. SPENCE. Mr. Speaker, I would tell the gentleman, yes, that is
correct. H.R. 4205 simply removes the sunset date for the rules on the
procurement of non-U.S. ball and roller bearings. Bearings remain among
the items specified in title X, section 2534, as being subject to the
requirements of that section.
Mr. SPRATT. I thank the gentleman for that clarification.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from New
York (Mrs. McCarthy).
[[Page H3326]]
Mrs. McCARTHY of New York. Mr. Speaker, I thank the gentleman for
yielding time to me.
Mr. Speaker, I rise in opposition to this rule. This rule is unfair
because it prohibits floor debate on my amendment that would strike
Section 810 of the defense authorization bill. This section singles out
firearms and ammunition manufacturers, but it may extend to other
contractors.
It says that the Department of Defense cannot give procurement
preferences to companies that enter into the agreements with the
Federal government. Currently, one firearms manufacturer has entered
into an agreement with the Department of Housing and Urban Development
that establishes a code of conduct.
This is precedent-setting language that would prevent the armed
services from getting the best equipment.
This language says to Smith & Wesson and other contractors that if
you have an agreement that seeks to accomplish one goal, then that
limits you from doing business with the Department of Defense.
If Smith and Wesson and the armed services lose, then who wins? The
NRA, according to today's Wall Street Journal. Mr. Speaker, I include
for the Record this article from the Wall Street Journal.
The article referred to is as follows:
[From the Wall Street Journal, May 18, 2000]
GOP Fights Favors for Smith & Wesson
(By Jim VandeHei and Paul M. Barrett)
Washington--House Republicans, as part of an effort to
undermine President Clinton's weapons pact with Smith &
Wesson Corp., are trying to prevent the government from
favoring the company with new gun contracts.
Rep. John Hostettler, a pro-gun conservative from Indiana,
inserted language into the Defense Department authorization
bill forbidding the administration from requiring the
department to buy Smith & Wesson guns.
With the blessing of GOP leaders, Mr. Hostettler and his
pro-gun allies now want to stamp similar restrictions on
three more federal agencies: the Departments of Treasury,
Justice and Housing and Urban Development.
They are also working to suspend funding for a federal
commission Mr. Clinton created to implement his landmark
agreement with the gun maker.
``We don't want agencies playing politics more than they
already are,'' says Oklahoma Rep. J.C. Watts, the fourth-
ranking GOP leader. ``This should be a fair and open
competition.''
``This is the gun lobby flexing its muscle on Capitol
Hill,'' says Dennis Henigan, the top lawyer with Handgun
Control Inc., a Washington advocacy group.
Smith & Wesson, a unit of Britain's Tomkins PLC, has agreed
to go far beyond existing law in requiring new restrictions
on how retailers sell its guns and to develop a high-tech
``smart'' weapon that can only be fired by its owner, among
other steps. In return, the Clinton administration and some
states and municipalities have agreed to drop Smith & Wesson
from threatened or pending lawsuits.
The Clinton administration is also trying to organize a
drive by government at all levels to give Smith & Wesson
favorable treatment when deciding which company will supply
handguns to police and other agencies.
While Mr. Clinton hopes this carrot will entice other gun
manufacturers to impose new safety measures voluntarily, at
the federal level, it isn't clear whether existing
contracting rules would allow the administration to force
agencies to favor Smith & Wesson.
The Federal Government spends millions of dollars a year on
new handguns--a tiny fraction of the federal budget, but a
significant amount to gun manufacturers, which are all
relatively small companies. The vast bulk of handgun
purchasing is done by local police departments across the
country.
The concessions by Smith & Wesson provoked an outcry from
the National Rifle Association and gun retailers, some of
whom vowed to quit selling the company's products. Republican
leaders believe the deal will ``unravel'' if the Federal
Government is prevented from favoring Smith & Wesson with
contracts, according to a top GOP aide.
A Smith & Wesson official says the Republican campaign will
do nothing to discourage the company from moving ahead with
the pact. Talk of preferential treatment is ``mostly
rhetoric,'' company spokesman Ken Jorgensen says. ``It is not
something we asked for, it is nothing we anticipated, and it
has not happened.''
But two gun lobbyists said the Republicans' campaign will
dissuade other gun manufacturers from joining Mr. Clinton's
program. ``This eliminates the incentive,'' says a program
lobbyist close to several manufacturers.
Mr. Hostettler persuaded two-thirds of Armed Services
Committee lawmakers to vote for his amendment, which doesn't
mention Smith & Wesson by name but clearly targets the
company. Gun Owners of America, an aggressive branch of the
pro-gun movement, urged its members to lobby lawmakers to
apply the restriction to other departments. ``It's abhorrent
that our tax dollars are being used to push Clinton's antigun
agenda,'' says John Velleco, the group's spokesman.
Rep. Carolyn McCarthy, an antigun Democrat from New York
whose husband was killed by gunfire, is leading a counter-
attack against attempts to gut the pact. ``I think they are
trying to destroy Smith & Wesson for coming out with a good
code of conduct,'' she says.
A greater potential threat to the gun industry than the
attempt to manipulate government gun-buying practices are
lawsuits filed against the industry by 30 cities and counties
around the country.
In the latest development in the litigation, a Michigan
state-court judge allowed parts of lawsuits filed against the
industry by Detroit and Wayne County, MI, to proceed toward
trial.
Wayne County Circuit Court Judge Jeanne Stempien said in a
ruling Tuesday that the municipalities could move forward
with the allegation that ``willful blindness'' by handgun
manufacturers, wholesalers and retailers contributes to the
diversion of guns to criminals, creating a ``public
nuisance.'' The judge threw out the municipalities' claim
that industry actions constitute ``negligence.''
Mr. Speaker, the article states that the gun lobby sponsored the
language my amendment would strike and additional legislation efforts
are likely by the NRA that will cripple Smith & Wesson.
This language sets a bad precedent. What if a company has an
agreement to hire more veterans? What if a company has an agreement to
use more subcontractors? Congress should not micromanage how
procurement is conducted. The result would be substandard products for
our men and women who have to defend our Nation.
I strongly support the agreement that Smith & Wesson has reached with
HUD. The code of conduct will reduce gun violence in our communities.
It contains many provisions that are under review by the House and
Senate: child safety locks, background checks on all sales, safe
storage for guns, establishing a DNA ballistic network that aids the
ATF in solving crimes.
I urge my colleagues to oppose this rule.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. Hill).
(Mr. HILL of Indiana asked and was given permission to revise and
extend his remarks.)
Mr. HILL of Indiana. Mr. Speaker, I rise in opposition to this rule
because it prevents consideration of an amendment which I offered that
would bring fundamental fairness to the way we convey property from
closed military facilities.
Last year's defense authorization bill included language to forgive
debts and allow communities to reclaim property from installations
closed under the Base Realignment and Closure Act.
The amendment which I offered that was not included in the rule would
have extended this same opportunity to communities with military
facilities outside the BRAC process.
Mr. Speaker, this Congress has already decided that communities with
BRAC facilities should receive property at no cost so they can more
easily transform closed bases into engines of economic growth. Yet,
many other communities in the same exact situation are still expected
to bear the burden of paying for transferred property merely because
their facilities happen to be closed outside the BRAC process. This is
not right.
It is equally not right that while this bill and several amendments
already adopted allow for no-cost conveyances of several facilities
across the country, this House is denied the ability to consider an
amendment that would simply treat all closed facilities the same.
I have a special interest in this issue because a community in my
district is working hard to transform the Indiana Army Ammunition Plant
into a center for economic development. A no-cost conveyance of this
property would make their job much easier. But I want all communities
to be able to benefit from the fair deal we already have given BRAC
communities. That is why I regret that this rule does not make my
amendment in order.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Nevada (Ms. Berkley).
Ms. BERKLEY. Mr. Speaker, I thank the gentleman for yielding time to
me.
I urge my colleagues to oppose this rule and stand up for the men and
[[Page H3327]]
women who dedicated their lives to this great country, and as a result
are now suffering debilitating diseases.
Earlier this week, I appeared before the Committee on Rules to speak
in favor of justice and fair play for former Department of Energy
workers who have suffered serious diseases due to radiation, beryllium,
silica, and other toxic chemical exposure related to their jobs.
From 1951 to 1992, the Federal government tested nuclear weapons
above and below ground in southern Nevada at the Nevada test site,
among other sites around the country.
Growing up in southern Nevada, I was friends with many of the
children of Nevada test site workers and knew these people well. These
former workers are now suffering debilitating diseases, and many have
died as a result of their service to their country.
These workers were never made aware of the potential danger exposure
to radiation, beryllium, silica, and other toxic chemicals might pose
to their health, but we now know the hazards that were faced and we now
have the responsibility to do the right thing.
The Federal government is already spending millions of dollars of
taxpayers' money reimbursing contractors for the legal expenses
contractors incur fighting claims from radiation victims. The Federal
government is also already compensating atomic veterans and down
winders.
I know that there is a sense of Congress that is going to be
introduced, and I support it, because that is the right thing to do.
But I am also well aware of the fact that that is too little and it
will not be getting the job done for these people who are looking to
the Federal government to get compensation for their illnesses.
It is the right thing to do, it is the appropriate thing to do. I
want to state my strong opposition to the rule and my strong support
for compensating former site workers who suffered work-related
illnesses or lost wages due to radiation exposure and other toxic
exposure.
Mr. SESSIONS. Mr. Speaker, I yield such time as he may consume to the
gentleman from Indiana (Mr. Buyer).
Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding time to
me. I would like to compliment the Committee on Rules for a very
inclusive rule.
What I would like to do at this moment is I would like to read into
the Record the letters of support we have from many different
organizations and associations representing millions of Americans, not
only veterans but Americans who support the bill:
The Veterans of Foreign Wars of the United States; the Association of
the United States Army; the National Military Family Association;
American Shipbuilding Association; the Enlisted Association of the
National Guard of the United States; the Navy League of the United
States; the National Association of Uniformed Services; the Fleet
Reserve Association; the Retired Enlisted Association; Noncommissioned
Officers Association; Commissioned Officers Association of U.S. Public
Health Service; the Armed Forces Marketing Council; National Guard
Association of the United States; the National Military and Veterans
Alliance, which include the following organizations: The Air Force
Sergeants Association; the American Military Retirees Association; the
American Military Society; the American Retirees Association; Class Act
Group; Catholic War Veterans; Korean Veterans Association; the Legion
of Valor Association; the Military Order of the World Wars; the Naval
Enlisted Reserve Association; the Society of Medical Consultants; the
TREA Senior Citizens League; Tragedy Assistance Program for Survivors;
the Vietnam Veterans of America; Women in Search of Equity, were also
supported by the military coalition, which includes the following
organizations:
The Air Force Association, the Army Aviation Association of America;
the Association of Military Surgeons of the United States; the CWO & WO
Associations of the U.S. Coast Guard; the Gold Star Wives of America,
Incorporated; Jewish War Veterans of the United States; the Marine
Corps League; Marine Corps Reserve Officers Association; the Military
Order of the Purple Heart; the National Order of Battlefield
Commissions; the Naval Reserve Association; the Society of Medical
Consultants in the Armed Forces; the Military Chaplains Associations of
the United States Army; the United Armed Forces Association; the United
States Coast Guard Chief Petty Officers Association; the United States
Army Warrant Officers Association; and the Veterans Widows
International Network, Incorporated; to also end with the United States
Chamber of Commerce.
Mr. Speaker, this list is very extensive. It represents millions of
Americans that support the base bill that came out of the Committee on
Armed Services, the Floyd Spence bill. They are all lined up also in
honor of the gentleman from South Carolina (Mr. Spence) for his years
of service, for his principles, for his commitment to national
security.
When we hear some perhaps bickering about what was not included, what
was included, let us pause for a moment and all Members recognize that
this base bill is supported by many different organizations and
associations.
Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Speaker, I rise in support of the
rule.
For those who followed it yesterday, I was very concerned that an
amendment that would have fulfilled the promise of lifetime health care
for our Nation's military retirees was not included in the rule
yesterday. It is today.
We will have an opportunity to vote on this amendment, which would
make Medicare subvention the law of the land permanently. This
amendment has been endorsed by the military coalition, the 24
organizations that the gentleman from Indiana (Mr. Buyer) just made
reference to, the National Military Veterans Alliance, the Retired
Officers Association, and the Retired Enlisted Association.
I am very pleased that the Committee on Rules has seen to it that
Members will have an opportunity to vote for it. I would also ask my
fellow colleagues to support it without being amended.
I think it is important that we fulfill the promise that was made.
Retirees, quite frankly, have been getting jacked around for a long
time. They do not need any more demonstrations, more promises, they do
not need any more half-hearted efforts. They need the promise that was
made to them on the day that they enlisted to be fulfilled. The promise
was free lifetime health care for them and their spouse at a military
facility for the rest of their lives. That is what we are trying to do.
I am going to vote in support of this rule so this amendment can be
voted on. I am going to ask all of my colleagues to vote for it. I
would remind my colleagues that this amendment has five Republican
cosponsors, five Democratic cosponsors, and I sure as heck would like
to see every Member of this body vote for it.
{time} 1230
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman from Mississippi (Mr. Taylor) for
his support of this rule. The rule is fair. The rule allows debate. The
gentleman from Mississippi (Mr. Taylor) came before the Committee on
Rules and asked that we consider what he was doing, and he today is
supporting us.
Mr. Speaker, we also have people who not only represent veterans
across this country, as many of us do, but we also have those who are
veterans who serve in Congress. I serve next to the gentleman from
Texas (Mr. Sam Johnson), from the Third Congressional District, a man
who served as a prisoner of war for 7 years in North Vietnam.
I am pleased also to have a young man who serves with us, a colleague
who has been instrumental with the gentleman from South Carolina
(Chairman Spence), in making sure that the veterans of this country and
active duty men and women are not only protected but receive the very
best of assurances that we will never put our Armed Forces in harm's
way without the best ability that they have, and I am speaking about
the gentleman from Indiana (Mr. Buyer). The gentleman served as a
captain in the United States Army, in the Gulf War and now
[[Page H3328]]
serves as a lieutenant colonel in the Reserves.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Indiana (Mr. Buyer).
Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding me the
time, and I also want to thank my colleague, the gentleman from
Mississippi (Mr. Taylor).
As most of the body knows and understands, the gentleman from
Mississippi (Mr. Taylor) and I serve as cochair of the Guard and
Reserve Caucus. And we do many things on behalf of the Congress, on
behalf of many, many Members as we move that process through the
subcommittees of procurement and the full committee, and on as we move
into conference.
The gentleman from Mississippi (Mr. Taylor) and I stand side by side
in many of the different fights and battles that we do with regard to
national security. This may be one of those moments where we can agree
to disagree.
Let us do a little review of history, as America paid great tribute
in recognition to the World War II veteran and to the Korean War
veteran and we turned to them, and Congress created the GI bill. And we
also in 1956 created the space availability care for medical treatment;
but in the 1960s, when Congress created Medicare, it was the Congress
at that time that took the military retiree and triggered them into the
general population. That is what happened in this body. Now, I do not
want to get into the politics of this thing, but that was a Democrat
controlled Congress triggered the military retiree to be treated the
same.
Now, many did not recognize or feel that. Why? Because many of the
military retirees, they lived next to military medical treatment
facilities. Then as we go through the BRAC process, many of them find
out and discovered then for the first time that, oh, my gosh, the
military can actually close that military hospital and I have to drive
so far for my health care. I thought that I was promised health care
for life.
Then the Congress responds by creating many different types of pilot
programs, whether it is Medicare subvention or FEHBP or a BRAC pharmacy
program. We have such a hodgepodge military health care system right
now. Why? Because really we as a body are trying to struggle with how
do we get our arms around this military health care system and deliver
care to the military retiree without saying to the military retiree,
you have to live next to a medical treatment facility.
Mr. Speaker, with regard to Mr. Taylor's amendment seeking to make
Medicare subvention permanent, the gentleman is basically saying to the
military retiree if you want that care, you better live next to a
medical treatment facility, because if you do not live next to one, it
is not going to apply to you.
Now, what concerns me is that the medical subvention is a pilot. See,
we create these pilot programs so we can then analyze the data so we
can make competent judgments. Often, we create these pilot programs and
we do not have the patience to analyze the data and quickly we move
into the permanency of these programs.
This is a moment when I analyze this one, I said, enough of all the
rhetoric; any Member can come to the floor and make a great speech
about throwing their arm around the veteran. It is 101 when it comes to
political speeches, but let us stop the rhetoric.
We take the pilot programs that are out there in this base bill and
we extend the demos, that was negotiated through the Committee on
Commerce and the Committee on Ways and Means. The administration
supports the base tax of this bill to extend the demos. We extend them
and they end December 31 of 2003.
Now, what happens? Why do you end them? You end them because we are
going to analyze them. We do several things. We create this independent
advisory council nominated by the Secretary of Defense to analyze this
complex health care system and to give recommendations to the Congress
in July of 2002. You then have the input from Congress. You have the
independent advisory council. You have OMB as a player. You have DOD as
a player, and you have the United States Senate.
I believe as we work in the fall of 2002, after having properly
analyzed all of these pilot programs, that we can actually then deliver
and the next administration will know that since we created this road
map of methodology to properly analyze what will be the best health
delivery system for the military retiree, the next administration knows
the bill is coming in the 2004 cycle. So the bill is crafted in the
fall of 2002 on what is the best method; it is introduced before the
Committee on Armed Services in April of 2003 in the 2004 cycle; and in
October 1 of 2004, it happens. It happens.
It is not just that it happens, it happens in a manner that is based
on a methodology for the most competent decision.
Medicare subvention; what we have learned as a pilot program is it is
running $100 million a year in arrears to DOD, and it was meant to be a
cost-neutral program. So if it is running $100 million in arrears to
DOD at 6 sites, if we expand it to over 60 sites and make it permanent,
we are taking a crippled program that has not been fixed and putting it
on the road to financial disaster, and that is what the letter that we
received from the Air Force, Michael Ryan, the General, the Chief of
Staff of the United States Air Force, he said ``I urge that we heed the
lessons already learned from Medicare subvention demonstration
projects. The current TRICARE senior prime program, though popular with
retirees, is not fiscally sustainable over the long term.''
Mr. Speaker, what I ask of Members is that in this base tax, we have
the methodology for us to analyze the data to make the competent
decisions, and we deliver.
In good faith, negotiating with the gentleman from Mississippi (Mr.
Taylor) yesterday, we agreed to offer a substitute to his amendment
that would expand to all major medical centers as we then begin to work
to help and urge the renegotiation of the rate between HCFA and the
Department of Defense as we also work on the utilization issue. That is
what the substitute is that I bring to the Members to vote on this
afternoon. It is extremely important.
The question is, do we want to continue a pilot program, work to make
it better so we can get a good test or do we just say, oh, the heck
with it. Let us just make it permanent. The money does not matter. I do
not believe that is our responsibility as Members of Congress.
Mr. SESSIONS. Mr. Speaker, I reserve the balance of my time.
Mr. FROST. Mr. Speaker, I yield 2 minutes to the gentlewoman from New
York (Mrs. Lowey).
Mrs. LOWEY. Mr. Speaker, I rise in opposition to this rule.
Mr. Speaker, I am deeply disappointed that the amendment offered by
my good friend, the gentlewoman from New York (Mrs. McCarthy), was not
made in order by the rule. The amendment would have stripped section
810 from this bill, an egregious provision barring the Department of
Defense from giving preference in procurement to companies that enter
into agreements with the Federal Government. It is clear that this
language is an attack on Smith and Wesson, which recently signed a code
of conduct with the Department of Housing and Urban Development.
The Department of Defense, responsible for our Nation's security,
should be free to purchase the best quality, most cost effective and
safest products available today. It is preposterous to penalize a
manufacturer solely because it has pledged to produce safe, quality
merchandise and to go to great lengths to cooperate with Federal, state
and local law enforcement. We should encourage such courageous
initiatives, not punish them.
Codes of conduct by firearms manufacturers will make our communities
and streets safer. They will protect our children from accidental
shootings, and they will strengthen law enforcement's efforts to
enforce our Nation's firearms laws by ensuring that background checks
are performed and improving ballistic technology.
The American people support efforts to make firearms safer and to
keep them out of the hands of children and criminals. Congress should
have had the chance to demonstrate its support for these goals by
considering the McCarthy amendment.
[[Page H3329]]
Mr. FROST. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise with great concern
about the omissions that are found in this rule, in particular, the
lack of allowing the amendment of the gentlewoman from New York (Mrs.
McCarthy) to make fair the process of procurement in the Federal
Government.
We rarely do this in other instances. Why would we try to penalize a
good neighbor and a good corporate citizen like Smith and Wesson, which
has committed itself to safer guns to protect the lives of our
children? I do not know.
I am saddened by the fact that that has occurred, and I would hope
that my colleagues would see the wisdom in allowing us to debate such
issues. I am gratified, however, with the Sanchez-Morella amendment,
which restores equal access to equal services of overseas military
hospitals to servicemen and women and their dependents.
I rise today to salute the gentleman from Mississippi (Mr. Taylor)
for his persistence and for where we are in being allowed to debate a
vital issue, and I ask my colleagues to support the Taylor amendment,
which provides lifetime health care for military retirees. I want to
put a face on military retirees. They are the everyman. They are in
rural America. They are in urban America. They are the bus drivers,
many of them, they are the day workers and laborers across the Nation.
They are the teachers, yes, the doctors and lawyers, but they are the
everyday American. I have many of them in my constituency.
It bothers me when I begin to hear the balancing or the nonbalancing
of the numbers. We know that this program, if put in place, will merely
cost us an additional $20 million. Yes, we have arrears of $100
million, but might I say to the American people, there is a distinction
between arrears and debt. Arrears is we have not been paying, and we
have a problem with HCFA. We have a problem with HCFA, my small health
care businesses, who tell me every single day, I am being closed down.
I cannot care for the elderly because HCFA is not paying.
The real issue is not debt to Medicare, it is the question that HCFA
is not paying its bills. I want my military retirees, those who were in
Korea, those who were in Vietnam, those who were in the Persian Gulf,
those who were in Kosovo, I want them to have the dignity and the
respect of being called their title and the kind of treatment they get
at military hospitals on base if they so desire.
I am going to roll up my sleeves, and I do not know about the rest of
my colleagues. I encourage them to rise to their feet, and support the
Taylor amendment, because those people are our neighbors, and they have
been committed to, they have been told that this would be a lifetime
provision and benefit. And I do not know why we would deny it. I think
it is important to not misuse the figures and the dollars, and I am
gratified that we have been able to have this opportunity.
Mr. Speaker, I certainly would not take that away from the Committee
on Rules, and I do thank them. I hope that as we debate this issue,
that as we move toward honoring our men and women who gave the ultimate
sacrifice this Memorial Day that we will say to the living veterans, we
thank you, we thank you, we thank you, because the ability to debate on
the floor of the House, the freedom of all of us in the United States
of America, is because our men and women have been willing to put
themselves on the line for freedom.
I am going to put myself on the line to vote for the Taylor amendment
to ensure that they have the dignity of full-time military health
benefits throughout their entire lifetime. I would ask my colleagues to
do so.
Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let us be clear as to what is at issue for our military
retirees. We have a very good approach by the gentleman from
Mississippi (Mr. Taylor). The gentleman from Indiana (Mr. Buyer) is
saying do not rush into anything, do not vote for the Taylor amendment
in its original form. Our military retirees have been waiting patiently
for quite a while for resolution of this issue.
What the Taylor amendment, of course, does is apply to those military
retirees who have already reached the age of 65 and permits them to be
treated at military hospitals and to have those hospitals reimbursed by
Medicare.
{time} 1245
What the Shows amendment does is to not only address those military
retirees that are already 65, but the large number of military retirees
who have not yet reached the age of 65. And it would permit those
retirees, those men and women who have served at least 20 years for
their country, to participate in the Federal Employees Health Benefits
Program, the exact same program that we as Members of Congress and our
staffs participate in, and every other Federal civilian employee
participates in.
The Shows amendment is a comprehensive approach. It is the amendment
that has a very large number of supporters in this House and it is an
amendment that we are not being permitted to vote on today. That is
regrettable. That is a comprehensive approach which would address the
concerns of military retirees once and for all. We are not going to
have that opportunity today under the rule as crafted.
The Taylor amendment does provide some relief because it does provide
an opportunity for those retirees who have already reached the age of
65 to be treated at military hospitals and have that treatment
reimbursed by Medicare. The rule that we have before us today is an
improvement over the rule yesterday, but it does not go as far as some
people would like, which is to see the House have the opportunity to
voice its views on the question of military retirees.
Now, Mr. Speaker, I urge Members to vote ``no'' on the previous
question. If the previous question is defeated, I will offer an
amendment to the rule to make in order an additional 37 amendments,
including the Shows amendment, which provides additional health care
benefits for veterans.
The McCarthy amendment, which removes provisions in the bill that
punish gun manufacturers for abiding by voluntary gun safety
agreements, and the Allen amendment, that deals with retiring or
dismantling excess strategic nuclear delivery systems.
If the previous question is defeated, Members will have the
opportunity to vote up or down on all of those proposals.
Mr. Speaker, I ask unanimous consent to insert the text of the
previous question and extraneous materials into the Congressional
Record immediately prior to the vote.
The SPEAKER pro tempore (Mr. Burr of North Carolina). Is there
objection to the request of the gentleman from Texas?
There was no objection.
Mr. FROST. Mr. Speaker, I ask my colleagues to vote ``no'' on the
previous question so we can debate all of these issues, and I yield
back the balance of my time.
Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
What we are talking about today is the rule, Mr. Speaker, the rule
for the fiscal year 2001 Department of Defense authorization bill. It
is a bill that has been not only worked on very diligently by the
brightest and best Members of Congress that we have, led by our
chairman, the gentleman from South Carolina (Mr. Spence), but also by a
great number of other people who have spoken today; not only the
gentleman from Indiana (Mr. Buyer) but also the gentleman from Nevada
(Mr. Gibbons), who are both veterans of high stature.
Mr. Speaker, today's rule allows for a full and fair consideration of
all the controversial defense authorization issues. We are getting our
military families off food stamps and we are going to provide a 3.7
percent pay increase. We are helping them by creating an Armed Services
Thrift Savings Plan. We are doing those things that will improve
military housing. We are doing things, I believe, that rearm our
military to make sure that the young men and young women who represent
America have not only the best fighting equipment, but also the
circumstances and the will of a grateful Nation.
[[Page H3330]]
Mr. FROST. Mr. Speaker, I submit for the Record the materials I
referred to earlier.
Previous Question for H. Res. 504, H.R. 4205, National Defense
Authorization Act
At the end of the resolution add the following new section:
``Sec. 6. Notwithstanding any other provision of the
resolution, it shall be in order to consider, without
intervention of any points of order, the amendments offered
to the committee amendment in the nature of a substitute
printed in section 7 of this resolution. Each amendment may
be offered only by the proponent specified in section 7 or a
designee, shall be considered as read, and shall be debatable
for 30 minutes, equally divided between the proponent and an
opponent.
Sec. 7. The amendments described in section 6 are as
follows:
Amendment to H.R. 4205, as Reported
Offered by Mr. Shows of Mississippi
Strike section 723 (page 229, line 1, and all that follows
through page 230, line 19).
At the end of title VII (page 247, after line 9), insert
the following new subtitle:
Subtitle E--Additional Provisions Regarding Department of Defense
Beneficiaries
SEC. 741. SHORT TITLE.
This subtitle may be cited as the ``Keep Our Promise to
America's Military Retirees Act''.
SEC. 742. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and Medicare is no longer a fair and equitable
benefit as compared to benefits for other retired Federal
employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young
men and women make a career of any military service.
(7) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal
Employees Health Benefits program for members who entered
active duty on or prior to June 7, 1956, and who subsequently
earned retirement.
(8) The United States should reestablish adequate health
care for all retired members of the uniformed services that
is at least equivalent to that provided to other retired
Federal employees by extending to such retired members of the
uniformed services the option of coverage under the Federal
Employees Health Benefits program, the Civilian Health and
Medical Program of the uniformed services, or the TRICARE
Program.
SEC. 743. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL
EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--
Chapter 89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(h) For purposes of this section, the term `employee'
includes a retired member of the uniformed services (as
defined in section 101(a)(5) of title 10) who began service
before June 7, 1956. A surviving widow or widower of such a
retired member may also enroll in an approved health benefits
plan described by section 8903 or 8903a of this title as an
individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2) through (5)''; and
(B) by adding at the end the following new paragraph:
``(5) In the case of an employee described in section
8905(h) or the surviving widow or widower of such an
employee, the Government contribution for health benefits
shall be 100 percent, payable by the department from which
the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1)
Section 1108 of title 10, United States Code, is amended to
read as follows:
``Sec. 1108. Health care coverage through Federal Employees
Health Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after
consulting with the other administering Secretaries, shall
enter into an agreement with the Office of Personnel
Management to provide coverage to eligible beneficiaries
described in subsection (b) under the health benefits plans
offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former member
described in section 1076(b) or 1076(a)(2)(B) of this title
or of a member who died while on active duty for a period of
more than 30 days; and
``(ii) a member of family as defined in section 8901(5) of
title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former member
described in section 1076(b)(1) of this title; and
``(ii) a member of family as defined in section 8901(5) of
title 5.
``(2) Eligible beneficiaries may enroll in a Federal
Employees Health Benefit plan under chapter 89 of title 5
under this section for self-only coverage or for self and
family coverage which includes any dependent of the member or
former member who is a family member for purposes of such
chapter.
``(3) A person eligible for coverage under this subsection
shall not be required to satisfy any eligibility criteria
specified in chapter 89 of title 5 (except as provided in
paragraph (1)(C) or (1)(D)) as a condition for enrollment in
health benefits plans offered through the Federal Employees
Health Benefits program under this section.
``(4) For purposes of determining whether an individual is
a member of family under paragraph (5) of section 8901 of
title 5 for purposes of paragraph (1)(C) or (1)(D), a member
or former member described in section 1076(b) or
1076(a)(2)(B) of this title shall be deemed to be an employee
under such section.
``(5) An eligible beneficiary who is eligible to enroll in
the Federal Employees Health Benefits program as an employee
under chapter 89 of title 5 is not eligible to enroll in a
Federal Employees Health Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal
Employees Health Benefits program under this section shall
not be eligible to receive health care under section 1086 or
section 1097. Such a beneficiary may continue to receive
health care in a military medical treatment facility, in
which case the treatment facility shall be reimbursed by the
Federal Employees Health Benefits program for health care
services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible
beneficiary enrolled in a Federal Employees Health Benefits
plan under this section may change health benefits plans and
coverage in the same manner as any other Federal Employees
Health Benefits program beneficiary may change such plans.
``(d) Government Contributions.--The amount of the
Government contribution for an eligible beneficiary who
enrolls in a health benefits plan under chapter 89 of title 5
in accordance with this section may not exceed the amount of
the Government contribution which would be payable if the
electing beneficiary were an employee (as defined for
purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of
Personnel Management shall require health benefits plans
under chapter 89 of title 5 to maintain a separate risk pool
for purposes of establishing premium rates for eligible
beneficiaries who enroll in such a plan in accordance with
this section.
``(f) Limitation on Number of Enrollees.--The number of
eligible individuals enrolled in the Federal Employees Health
Benefit plan under this section and pursuant to section
8905(h) of title 5 shall not exceed 300,000. In implementing
this subsection, priority shall be given to medicare eligible
covered beneficiaries entitled to retired or retainer pay.''.
(2) The item relating to section 1108 at the beginning of
such chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take
effect on January 1, 2001.
SEC. 744. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND
MEDICAL PROGRAM OF THE UNIFORMED SERVICES.
Section 1086 of title 10, United States Code, is amended--
(1) in subsection (c), by striking ``Except as provided in
subsection (d), the'', and inserting ``The'';
(2) by striking subsection (d); and
(3) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
SEC. 745. RESERVE FUND.
The allocation of new budget authority and outlays to the
Committees on Armed Services of the House of Representatives
and the Senate shall be increased by $4,000,000,000 for
fiscal years 2001 through 2005 for the purpose of carrying
out the provisions in this Act if such increase will not
cause an on-budget deficit for such fiscal years.
[[Page H3331]]
____
Amendment to H.R. 4205, as Reported
Offered by Mrs. McCarthy of New York
Strike section 810 (page 262, lines 1 through 16).
____
Amendment to H.R. 4205, as Reported
Offered by Mr. Allen of Maine, Mr. McGovern of Massachusetts and Mr.
Gejdenson of Connecticut
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. 1038. REVISION TO LIMITATION RESPECTING STRATEGIC
SYSTEMS IN ORDER TO COMPLY WITH START II
TREATY.
(a) Limitation.--Subsection (a)(2) of section 1302 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85) is amended --
(1) in the matter preceding subparagraph (A), by striking
``in paragraph (1)(B) shall be modified in accordance with
paragraph (3)'' and inserting ``in paragraph (1) shall cease
to apply'';
(2) in subparagraph (C), by striking ``ratify the START II
treaty'' and inserting ``continue reductions in its own
strategic nuclear arsenal''; and
(3) by adding at the end the following new subparagraph:
``(E) That reductions in the strategic nuclear delivery
systems of the United States are to be carried out in a
verifiable, symmetrical, and reciprocal manner with Russia to
ensure that the level of strategic nuclear delivery systems
deployed by the United States does not fall below the level
of strategic nuclear delivery systems deployed by the
Russia.''.
(b) Waiver Authority.--Subsection (b) of such section is
amended by striking ``the limitation in effect under
paragraph (1)(B) or (3) of subsection (a), as the case may
be,'' and inserting ``the limitations in effect under
subsection (a)''.
Amendment to H.R. 4205, as Reported
Offered by Ms. Berkley of Nevada
At the end of title XXXI (page ____, after line ____),
insert the following new section:
SEC. ____. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM.
(a) In General.--The Energy Policy Act of 1992 is amended
by adding after title XXX the following new title:
``TITLE XXXI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM
``Subtitle A--General Definitions and Administrative Office
``SEC. 3101. DEFINITIONS.
``For the purpose of this title--
``(1) the term `Department of Energy' includes the
predecessor agencies of the Department of Energy, including
the Manhattan Engineering District;
``(2) the term `Department of Energy facility' means any
building, structure, or premises, including the grounds upon
which they are or were located, in which operations are or
were conducted by, or on behalf of, the Department of Energy
and with regard to which the Department of Energy has or had
a proprietary interest or has or had entered into a contract
with an entity to provide management and operating,
management and integration, or environmental remediation;
``(3) the term `Director' means the Director of the
Occupational Illness Compensation Office appointed under
section 3102;
``(4) the term `Fund' means the Energy Employees
Occupational Illness Compensation Fund established under
section 3156;
``(5) the term `Office' means the Occupational Illness
Compensation Office established under section 3102; and
``(6) the term `radiation' means ionizing radiation in the
form of alpha or beta particles or gamma rays.
``SEC. 3102. OCCUPATIONAL ILLNESS COMPENSATION OFFICE.
``(a) Office.--There is created within the Department of
Energy the Occupational Illness Compensation Office.
``(b) Director.--The Office shall be headed by a Director
who shall be appointed by the Secretary of Energy and who
shall be compensated at the rate provided for in level IV of
the Executive Schedule under section 5315 of title 5, United
States Code.
``(c) Duties of the Director.--The Director shall
administer this title and carry out the duties assigned to
the Director.
``(d) Consultation with the Surgeon General.--The Director
may consult the Surgeon General, and the Surgeon General may
consult with the Director, concerning administration of this
title.
``(e) Reports.--(1) Beginning one year after the date of
enactment of this title, and each year thereafter, the
Director shall prepare a concise report concerning the status
of the operation of the programs under this title and shall,
through the Secretary of Energy, submit the report to
Congress and publish it in the Federal Register. This report
shall include information such as the number of claims filed
under each subtitle, the action taken regarding these claims,
the total and average value of the benefits furnished to
claimants, administrative expenses of the Office, and amounts
available in the Fund. The information shall be compiled in a
statistical format in a manner so that personal information
on individuals is not revealed.
``(2) Four years after the date of enactment of this title,
the Director shall prepare a report on the administration of
this title and the effectiveness of the program in meeting
the compensation needs of Department of Energy workers with
regard to occupational illnesses.
``Subtitle B--Beryllium, Silicosis, and Radiation
``SEC. 3111. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `atomic weapons employee' means an
individual employed by an atomic weapons employer during a
time when the employer was processing or producing for the
use of the United States material that emitted radiation and
was used in the production of an atomic weapon, as that term
is defined in section 11(d) of the Atomic Energy Act of 1954
(42 U.S.C. 2014(d));
``(2) the term `atomic weapons employer' means an entity
that--
``(A) processed or produced for the use of the United
States material that emitted radiation and was used in the
production of an atomic weapon, as that term is defined in
section 11(d) of the Atomic Energy Act of 1954 (42 U.S.C.
2014(d)); and
``(B) is designated as an atomic weapons employer for the
purpose of this subtitle in regulations issued by the
Director;
``(3) the term `beryllium illness' means any of the
following conditions:
``(A) Beryllium Sensitivity, established by an abnormal
beryllium lymphocyte proliferation test performed on either
blood or lung lavage cells;
``(B) Chronic Beryllium Disease, established by--
``(i) beryllium sensitivity, as defined in subparagraph
(A); and
``(ii) lung pathology consistent with Chronic Beryllium
Disease, such as--
``(I) a lung biopsy showing granulomas or a lymphocytic
process consistent with Chronic Beryllium Disease;
``(II) a computerized axial tomography scan showing changes
consistent with Chronic Beryllium Disease; or
``(III) pulmonary function or exercise testing showing
pulmonary deficits consistent with Chronic Beryllium Disease;
or
``(C) any injury or illness sustained as a consequence of a
beryllium illness as defined in subparagraph (A) or (B) of
this paragraph;
``(4) the term `beryllium vendor' means:
``(A) Atomics International;
``(B) Brush Wellman, Inc.;
``(C) General Atomics;
``(D) General Electric Company;
``(E) NGK Metals Corporation and its predecessors: Kawecki-
Berylco, Cabot Corporation, BerylCo, and Beryllium
Corporation of America;
``(F) Nuclear Materials and Equipment Corporation;
``(G) StarMet Corporation, and its predecessor, Nuclear
Metals, Inc.;
``(H) Wyman Gordan, Inc.; or
``(I) any other vendor, processor, or producer of beryllium
or related products designated as a beryllium vendor for the
purposes of this subtitle in regulations issued by the
Director under section 3112(d);
``(5) the term `beryllium vendor employee' means an
individual employed by a beryllium vendor or a contractor or
a subcontractor of a beryllium vendor when the vendor,
contractor, or subcontractor was engaged in activities
related to beryllium that was produced or processed for sale
to, or use by, the Department of Energy;
``(6) the term `Department of Energy contractor employee'
means an individual who is or was employed at a Department of
Energy facility by--
``(A) an entity that contracted with the Department of
Energy to provide management and operating, management and
integration, or environmental remediation at the facility; or
``(B) a subcontractor that provided services, including
construction, at the facility;
``(7) the term `Federal employee' means an individual
defined as an employee in section 8101(1) of title 5, United
States Code, who may have been exposed to beryllium or silica
at a Department of Energy facility or at a facility owned,
operated, or occupied by a beryllium vendor;
``(8) the term `monthly pay' means the monthly pay at the
time of injury, or the monthly pay at the time disability
begins, or the monthly pay at the time compensable disability
recurs, if the recurrence begins more than six months after
the employee resumes regular full-time employment, whichever
is greater, except when otherwise determined under section
8113 of title 5, United States Code;
``(9) the term `silicosis' means an illness that is
established by--
``(A) a chest radiograph or other imaging technique
consistent with silicosis under criteria set forth in
Surveillance Case Definition for Silicosis published by the
National Institute for Occupational Safety and Health; and
``(B) pathologic findings characteristic of silicosis under
criteria set forth in Surveillance Case Definition for
Silicosis published by the National Institute for
Occupational Safety and Health; and
``(10) the term `time of injury', when used in sections of
title 5, United States Code, referenced in this subtitle,
means the last date on which--
``(A) a Department of Energy contractor employee, a Federal
employee, or a beryllium vendor employee was exposed to
beryllium or silica in the performance of duty as specified
in section 3112, if the claim or award is made under section
3112; or
``(B) a Department of Energy contractor employee or an
atomic weapons employee was exposed to radiation as
determined by rules issued under section 3113, if the claim
or award is made under section 3113.
[[Page H3332]]
``SEC. 3112. ELIGIBILITY OF WORKERS EXPOSED TO BERYLLIUM AND
SILICA.
``(a) In General.--
``(1) To be eligible under this section for benefits under
section 3114--
``(A) a Federal employee, Department of Energy contractor
employee, or beryllium vendor employee must have--
``(i) suffered disability or death from a beryllium
illness; and
``(ii) been exposed to beryllium in the performance of
duty; or
``(B) a Federal employee or Department of Energy contractor
employee must have--
``(i) suffered disability or death from silicosis; and
``(ii) been exposed to silica in the performance of duty.
``(2) Notwithstanding paragraph (1)--
``(A) a Federal employee, Department of Energy contractor
employee, or beryllium vendor employee is eligible for
medical benefits under section 3114(a)(3) if the employee has
suffered from a beryllium illness and has been exposed to
beryllium in the performance of duty; and
``(B) a Federal employee or Department of Energy contractor
employee is eligible for medical benefits under section
3114(a)(3) if the employee has suffered from silicosis and
has been exposed to silica in the performance of duty,
but was not disabled or did not die because of the beryllium
illness or silicosis.
``(b) Federal and Contractor Employee.--
``(1) In the absence of substantial evidence to the
contrary, a Federal employee or Department of Energy
contractor employee shall be considered to have been exposed
to beryllium in the performance of duty if--
``(A) the employee was employed at a Department of Energy
facility or present at a Department of Energy facility
because of the employee's employment when beryllium dust
particles or vapor may have been present at that facility; or
``(B) the employee was present at a facility owned by a
beryllium vendor because of the employee's employment when
dust particles or vapor of beryllium produced or processed
for sale to, or use by, the Department of Energy may have
been present at the facility.
``(2) In the absence of substantial evidence to the
contrary, a Federal employee or Department of Energy
contractor employee shall be considered to have been exposed
to silica in the performance of duty if the employee was
employed at a Department of Energy facility or present at a
Department of Energy facility because of the employee's
employment in an area where airborne silica dust was present.
``(c) Beryllium Vendor Employee.--In absence of substantial
evidence to the contrary, a beryllium vendor employee shall
be considered to have been exposed to beryllium in the
performance of duty if the employee was employed by a
beryllium vendor, or a contractor or subcontractor of a
beryllium vendor, and was present at that employer's site
because of the employment when silica or beryllium dust
particles or vapor of beryllium produced or processed for
sale to, or use by, the Department of Energy may have been
present at the site.
``(d) Additional Vendors.--The Director may designate, in
regulations, an additional vendor, processor, or producer of
beryllium or related products as a beryllium vendor for the
purposes of this subtitle upon the Director's finding that
the entity engaged in activities related to beryllium that
was produced or processed for sale to, or use by, the
Department of Energy in a manner similar to the entities
listed in section 3111(4).
``(e) Additional Illness Criteria.--The Director may
specify, in regulations, additional criteria by which a
claimant may establish the existence of a beryllium illness,
as defined in section 3111(3)(A) or (B), or silicosis, as
defined in section 3111(9).
``SEC. 3113. ELIGIBILITY OF WORKERS EXPOSED TO RADIATION.
``(a) In General.--
``(1) To be eligible under this section for benefits under
section 3114, a Department of Energy contractor employee or
atomic weapons employee must--
``(A) have suffered disability or death from cancer;
``(B) have contracted cancer after beginning employment at
a Department of Energy facility for a Department of Energy
contractor employee or at an atomic weapons employer facility
for an atomic weapons employee; and
``(C) fall within guidelines that--
``(i) are established by the Director by rule for
determining whether the cancer the employee contracted was at
least as likely as not related to employment at the facility;
``(ii) are based on the employee's exposure to radiation at
the facility;
``(iii) incorporate the methods established under
subsection (b)(1)(A); and
``(iv) take into consideration the type of cancer; past
health-related activities, such as smoking; information on
the risk of developing a radiation-related cancer from
workplace exposure; and other relevant factors.
``(2) Notwithstanding paragraph (1), a Department of Energy
contractor employee or atomic weapons employee is eligible
for medical benefits under section 3114(a)(3) if the employee
meets the requirements of paragraph (1)(B) and (C), but was
not disabled or did not die because of the cancer.
``(b) Radiation Dose.--
``(1) The Director shall--
``(A) establish, by rule, methods for arriving at
reasonable estimates of the radiation doses Department of
Energy contractor employees received at a Department of
Energy facility and an atomic weapons employee received at a
facility operated by an atomic weapons employer if the
employee were not monitored for exposure to radiation at the
facility or were monitored inadequately, or if the employees
exposure records are missing or incomplete; and
``(B) provide to an employee who meets the requirements of
subsection (a)(1)(B) an estimate of the radiation dose the
employee received based on dosimetry reading, a method
established under subparagraph (A), or a combination of both.
``(2) The Director shall establish an independent review
process to review the methods established under subsection
(b)(1)(A) and the application of those methods and to verify
a reasonable sample of individual dose reconstructions
provided under subsection (b)(1)(B).
``(c) Resolution of Reasonable Doubt.--In determining
whether an employee meets the requirements of this section,
the Director shall resolve any reasonable doubt in favor of
the employee.
``(d) Naval Nuclear Propulsion Program.--A Department of
Energy contractor employee or atomic weapons employee who is
or was employed at a facility or in an activity covered by
Executive Order No. 12344, dated February 1, 1982, pertaining
to the Naval nuclear propulsion program, is not eligible
under this section for benefits under section 3114.
``SEC. 3114. COMPENSATION FOR DISABILITY OR DEATH, MEDICAL
SERVICES, AND VOCATIONAL REHABILITATION.
``(a) In General.--
``(1) Except as otherwise provided in this subtitle and
subject to the availability of amounts in the Fund, unless
the disability or death was caused by one of the
circumstances set forth in subsection (a)(1)-(2) of section
8102 of title 5, United States Code, the Director shall, for
an employee the Director determines meets the requirements of
section 3112(a)(1) or 3113(a)(1)--
``(A) pay the compensation specified in sections 8105-8110,
8111(a), 8112-13, 8115, 8117, 8133-8135, and 8146a(a)-(b) of
title 5, United States Code;
``(B) furnish the medical services and other benefits
specified in section 8103(a) of title 5, United States Code;
and
``(C) reimburse medical expenses incurred by an employee or
employee's survivor before the Director's determination is
made and that have not been or will not be reimbursed by any
source.
``(2) The Director may direct a permanently disabled
employee whose disability is compensable under this section
to undergo vocational rehabilitation as a condition for
receiving benefits under paragraph (1) and shall provide for
furnishing vocational rehabilitation services pursuant to
sections 8104 and 8111(b) of title 5, United States Code.
``(3) Except as otherwise provided in this subtitle and
subject to the availability of amounts in the Fund, the
Director shall, for an employee the Director determines meets
the requirements of section 3112(a)(2) or 3113(a)(2)--
``(A) furnish the medical services and other benefits
specified in section 8103(a) of title 5, United States Code;
and
``(B) reimburse medical expenses incurred by an employee or
employee's survivor before the Director's determination is
made and that have not been or will not be reimbursed by any
source.
``(4) An employee or the employee's survivor shall not
receive compensation under paragraph (1)(A) for more than one
disability.
``(b) Fund.--All compensation provided and services paid
for under this section shall be paid from the Fund and shall
be limited to amounts available in the Fund.
``(c) Computation of Pay.--Computation of pay under this
subtitle shall be determined in accordance with section 8114
of title 5, United States Code.
``SEC. 3115. LUMP SUM COMPENSATION.
``(a) Beryllium.--A Federal employee, Department of Energy
contractor employee, or beryllium vendor employee may elect
to receive compensation in the amount of $100,000 in place of
any other compensation or services under this subtitle to
which the employee might otherwise be entitled, if the
Director determines the employee--
``(1) was exposed to beryllium in the performance of duty,
as set forth in section 3112;
``(2) was diagnosed before the date of enactment of this
subtitle as having--
``(A) Chronic Beryllium Disease as defined in section
3111(1)(B), or
``(B) a beryllium-related pulmonary condition that does not
meet the criteria necessary to establish the existence of a
beryllium illness under section 3111(1) but that was
determined, either contemporaneously or later, to be
consistent with Chronic Beryllium Disease as defined in
section 3111(1)(B); and
``(3) demonstrates the existence of a beryllium illness or
beryllium-related pulmonary condition and its diagnosis by
medical documentation created during the employee's lifetime
or at the time of death or autopsy.
``(b) Silicosis.--A Federal employee or Department of
Energy contractor employee may elect to receive compensation
in the amount of $100,000 in place of any other compensation
or services under this subtitle to which the employee might
otherwise be entitled, if the Director determines the
employee--
[[Page H3333]]
``(1) was exposed to silica in the performance of duty, as
set forth in section 3112,
``(2) was diagnosed before the date of enactment of this
subtitle as having silicosis; and
``(3) demonstrates the existence of silicosis and its
diagnosis by medical documentation created during the
employee's lifetime or at the time of death or autopsy.
``(c) Radiation.--A Department of Energy contractor
employee or atomic weapon employee may elect to receive
compensation in the amount of $100,000 in place of any other
compensation or services under this subtitle to which the
employee might otherwise be entitled, if the Director
determines the employee--
``(1) developed a cancer before the date of enactment of
this subtitle;
``(2) contracted cancer after beginning employment at a
Department of Energy facility for a Department of Energy
contractor employee or at an atomic weapons employer facility
for an atomic weapons employee; and
``(3) falls within guidelines the Director established
under section 3113(a)(1)(C).
``(d) Death Before Election.--If an employee who would be
eligible to make an election provided by this section dies
before the date of enactment of this subtitle, or before
making the election, whether or not the death is the result
of a beryllium-related condition, silicosis, or a cancer, the
employee's survivor may make the election and receive the
compensation under this section. The right to make an
election and receive compensation under this section shall be
afforded to survivors in the order of precedence set forth in
section 8109 of title 5, United States Code.
``(e) Time Limit.--The election under this section shall be
made within 60 days after the date the Director informs the
employee or the employee's survivor of a determination on
awarding benefits made by the Director under section 3114.
The election when made by an employee or survivor is
irrevocable and binding on the employee and all survivors.
``(f) Condition and Illness.--A determination that an
employee, or a survivor on behalf of an employee, has
established a beryllium-related pulmonary condition under
subsection (a)(2)(B) does not constitute a determination that
the existence of a beryllium illness has been established.
``(g) Cost of Living Adjustment.--The compensation payable
under this section is not subject to the cost-of-living
adjustment set forth in section 8146a (a) of title 5, United
States Code.
``SEC. 3116. ADJUDICATION.
``Except to the extent specified otherwise in this
subtitle, the Director shall determine and adjudicate issues
under this subtitle in accordance with sections 8123-8127 and
8129 of title 5, United States Code.
``Subtitle C--Gaseous Diffusion Employees Exposure Compensation
``SEC. 3121. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `gaseous diffusion employee' means an
individual who is or was employed at the Paducah, Kentucky;
Portsmouth, Ohio; or Oak Ridge, Tennessee; gaseous diffusion
plant by--
``(A) the Department of Energy; or
``(B) an entity that contracted with the Department of
Energy to provide management and operating, management and
integration, or environmental remediation at the plant; and
``(2) the term `specified disease' means--
``(A) leukemia (other than chronic lymphocytic leukemia);
``(B) multiple myeloma;
``(C) lymphomas (other than Hodgkin's disease);
``(D) primary liver cancer; and
``(E) cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) pharynx;
``(iv) esophagus;
``(v) stomach;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary tract;
``(xii) lung, provided not a heavy smoker;
``(xiii) bone; and
``(xii) bronchiolo-alveolae.
``SEC. 3122. ELIGIBLE EMPLOYEES.
``(a) In General.--A gaseous diffusion employee who--
``(1) was employed at a gaseous diffusion plant for at
least one year during the period beginning on January 1,
1953, and ending on February 1, 1992;
``(2) during that period--
``(A) was monitored through the use of dosimetry badges for
exposure at the plant of the external parts of the employee's
body to radiation; or
``(B) worked in a job that had exposures comparable to a
job that was monitored through the use of dosimetry badges;
and
``(3) contracted a specified disease after employment under
conditions specified in subparagraphs (1) and (2),
shall receive $100,000, if a claim for payment is filed with
the Director by or on behalf of the gaseous diffusion
employee and the Director determines, in accordance with
section 3123, that the claim meets the requirements of this
subtitle.
``(b) Payment Limitations.--
``(1) Payments under this section shall be limited to
amounts available in the Fund.
``(2) An employee or the employee's survivor shall not
receive more than one payment under this subtitle.
``SEC. 3123. DETERMINATION AND PAYMENT OF CLAIMS.
``(a) Determination.--The Director shall establish, under
regulations the Director issues, procedures for filing a
claim and for determining whether a claim filed under this
subtitle meets the requirements of this subtitle.
``(b) Payment.--
``(1) The Director shall pay, from the Fund and limited to
amounts available in the Fund, claims filed under this
subtitle that the Director determines meet the requirements
of this subtitle.
``(2)(A) In the case of a gaseous diffusion employee who is
deceased at the time of payment under this section, a payment
shall be made only as follows--
``(i) if the gaseous diffusion employee is survived by a
spouse who is living at the time of payment, the payment
shall be made to the surviving spouse;
``(ii) if there is no spouse living at the time of payment,
the payment shall be made in equal shares to all children of
the gaseous diffusion employee who are living at the time of
payment; or
``(iii) if there are no spouse or children living at the
time of payment, the payment shall be made in equal shares to
the parents of the gaseous diffusion employee who are living
at the time of payment.
``(B) If a gaseous diffusion employee eligible for payment
under this subtitle dies before filing a claim under this
subtitle, a survivor of that employee who may receive payment
under subparagraph (A) may file a claim for payment under
this subtitle.
``(C) For purposes of this section--
``(i) the spouse of a gaseous diffusion employee is a wife
or husband of that employee who was married to that employee
for at least one year immediately before the death of the
employee;
``(ii) a child includes stepchildren, adopted children, and
posthumous children; and
``(iii) a parent includes step-parents and parents by
adoption.
``Subtitle D--Energy Workers Exposed to Other Hazardous Materials
``SEC. 3131. WORKERS EXPOSED TO OTHER HAZARDOUS MATERIALS.
``(a) Definitions.--For purposes of this section--
``(1) the term `Department of Energy contractor employee'
means an individual who is or was employed at a Department of
Energy facility by an entity that contracted with the
Department of Energy to provide management and operating,
management and integration, or environmental remediation at
the facility; and
``(2) the term `panel' means a physicians panel established
under subsection (d).
``(b) Director Review.--The Director shall--
``(1) establish procedures under which an individual may
submit an application for review and assistance under this
section, and
``(2) review an application submitted under this section
and determine whether the applicant submitted reasonable
evidence that--
``(A) the application was filed by or on behalf of a
Department of Energy contractor employee or employee's
estate; and
``(B) the illness or death of the Department of Energy
contractor employee may have been related to employment at a
Department of Energy facility.
``(c) Director Determination.--If the Director determines
that the applicant submitted reasonable evidence under
subsection (b)(2), the Director shall submit the application
to a physicians panel established under subsection (d). The
Director shall assist the employee in obtaining additional
evidence within the control of the Department of Energy and
relevant to the panel's deliberations.
``(d) Panel.--
``(1) The Director shall inform the Secretary of Health and
Human Services of the number of physicians panels the
Director has determined to be appropriate to administer this
section, the number of physicians needed for each panel, and
the area of jurisdiction of each panel. The Director may
determine to have only one panel.
``(2) The Secretary of Health and Human Services shall
compile a list of physicians with experience and competency
in diagnosing occupational illnesses for each panel and
provide the list to the Director. The Director shall appoint
panel members from the list under section 3109 of title 5,
United States Code. Each member of a panel shall be paid at
the rate of pay payable for level III of the Executive
Schedule for each day (including travel time) the member is
engaged in the work of a panel.
``(3) A panel shall review an application submitted to it
by the Director and determine, under guidelines established
by the Director, by rule, whether--
``(A) the illness or death that is the subject of the
application arose out of and in the course of employment by
the Department of Energy and exposure to a hazardous material
at a Department of Energy facility; and
``(B) the Department of Energy contractor employee who is
the subject of the application would be ineligible to receive
benefits under section 3114, 3115, 3123, or 3132.
``(4) At the request of a panel, the Director and a
contractor who employed a Department of Energy contractor
employee shall provide additional information relevant to
[[Page H3334]]
the panel's deliberations. A panel may consult specialists in
relevant fields as it determines necessary.
``(5) Once a panel has made a determination under paragraph
(3), it shall report to the Director its determination and
the basis for the determination.
``(e) Assistance.
``(1) The Director shall review a panel's determination
made under subsection (d), information the panel considered
in reaching its determination, any relevant new information
not reasonably available at the time of the panel's
deliberations, and the basis for the panel's determination.
The Director shall accept the panel's determination in the
absence of compelling evidence to the contrary.
``(2) If the panel has made a positive determination under
subsection (d) and the Director accepts the determination, or
the panel has made a negative determination under subsection
(d) and the Director finds compelling evidence to the
contrary, the Director shall--
``(A) assist the applicant to file a claim under the
appropriate State workers compensation system based on the
health condition that was the subject of the determination;
``(B) recommend to the Secretary of Energy that the
Department of Energy not contest a claim filed under a State
workers compensation system based on the health condition
that was the subject of the determination and not contest an
award made under a State workers compensation system
regarding that claim; and
``(C) recommend to the Secretary of Energy that the
Secretary direct, as permitted by law, the contractor who
employed the Department of Energy contractor employee who is
the subject of the claim not to contest the claim or an award
regarding the claim.
``(f) Information.--At the request of the Director, a
contractor who employed a Department of Energy contractor
employee shall make available to the Director or the
employee, information relevant to deliberations under this
section.
``SEC. 3132. PANEL-EXAMINED OAK RIDGE WORKERS.
``(a) Physicians Panel Report.--A panel of physicians who
specialize in diseases and health conditions related to
occupational exposure to radiation, hazardous materials, or
both selected by the contractor that managed the Department
of Energy's East Tennessee Technology Park (referred to in
this section as the `facility') shall prepare a report
concerning medical examinations of not more than 55 current
and former employees of the facility. This panel is separate
and apart from a panel appointed by the Director under
section 3131(d). The report shall address whether each of
these employees may have sustained any illness or other
adverse health condition as a result of their employment at
the facility.
``(b) Director Finding.--The contractor shall provide the
report of the panel completed under subsection (a) to the
Director. The Director shall make a finding as to whether an
employee covered by the report sustained an illness or other
adverse health condition as a result of exposure to
radiation, hazardous materials, or both as part of employment
at the facility.
``(c) Award.--If the Director makes a positive finding
under subsection (b) regarding an employee, the Director
shall make an award to the employee of $100,000 from the
Fund, limited to amounts available in the Fund. An employee
shall not receive more than one award under this subtitle.
``Subtitle E--General Provisions
``SEC. 3141. DUAL BENEFITS.
``(a) Benefits Under More Than One Section.--
``(1) An individual may not receive benefits, because of
the same illness or death or because of more than one illness
or death, under more than one of the following sections:
3114, 3115, 3123, or 3132. An individual who is eligible to
receive benefits under more than one of those sections
because shall elect one section under which to receive
benefits.
``(2) A widow or widower who is eligible for benefits under
this title derived from more than one husband or wife shall
elect one benefit to receive.
``(b) Benefits Under This Title and Other Federal Illness
or Death Benefits.--
``(1) An individual who is eligible to receive benefits
under this title because of an illness or death of a Federal
employee and who also is entitled to receive from the United
States under a statute other than this title payments or
benefits for that same illness or death, including payments
and other benefits under another Federal workers compensation
system but not including proceeds of an insurance policy,
shall elect which benefits to receive.
``(2) An individual who has been awarded benefits under
this title, and who also has received benefits from another
Federal workers compensation system because of the same
illness or death, shall receive compensation under this title
reduced by the amount of any workers compensation benefits
that the individual has received under the Federal workers
compensation system as a result of the illness or death,
after deducting--
``(A) payments received under the Federal workers
compensation system for medical expenses that are not
reimbursed under section 3114; and
``(B) the reasonable costs, as determined by the Director,
of obtaining benefits under the Federal workers compensation
system.
``(c) Benefits Under This Title and State Workers
Compensation Benefits.--
``(1) An individual who is eligible to receive benefits
under this title because of an illness or death and who also
is entitled to receive benefits because of the same illness
or death from a State workers compensation system shall elect
which benefits to receive, unless:
``(A) at the time of injury, workers compensation coverage
for the employee was secured by a policy or contract of
insurance; and
``(B) the Director waives, because of the substantial
financial benefit to the United States, the requirement to
make such an election.
``(2) Except as specified in paragraph (3), an individual
who has been awarded benefits under this title and who also
has received benefits from a State workers compensation
system because of the same illness or death, shall receive
compensation under this title reduced by the amount of any
workers compensation benefits that the individual has
received under the State workers compensation system as a
result of the illness or death, after deducting--
``(A) payments received under the State workers
compensation system for medical expenses that are not
reimbursed under section 3114; and
``(B) the reasonable costs, as determined by the Director,
of obtaining benefits under the State workers compensation
system.
``(3) An individual described in paragraph (2) who also has
received, under paragraph (1)(B), a waiver of the requirement
to elect between benefits under this title and benefits under
a State workers compensation system, shall receive
compensation under this title reduced by eighty percent of
the net amount of any workers compensation benefits that the
individual has received under a State workers compensation
system because of the same illness, after deducting--
``(A) payments received under the State workers
compensation system for medical expenses that are not
reimbursed under section 3114; and
``(B) the reasonable costs, as determined by the Director,
of obtaining benefits under the State workers compensation
system.
``(d) Other Statutes.--An individual may not receive
compensation under this title for a radiation-related cancer
and also receive compensation under the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) or under the
Radiation-Exposed Veterans Compensation Act (38 U.S.C.
1112(c)).
``(e) Subtitle B Benefits and Retirement Benefits.--
``(1) If an employee or employee's survivor who is awarded
payments for lost wages under section 3114 receives a
retirement payment from any source, the Director shall
adjust, if necessary, the amount of the lost wages paid under
section 3114 so that the combination of lost wages under
section 3114 and retirement benefits from any source to be
paid in a year does not exceed the employee's last annual
salary.
``(2) An employee or employee's survivor shall inform the
Director at the time of filing an application for benefits
under subtitle B if the employee or employee's survivor is
receiving retirement payments. An employee or employee's
survivor who is not receiving retirement benefits when filing
an application for benefits under subtitle B and who is
awarded benefits for lost wages under subtitle B shall inform
the Director of receipt of retirement payments no later than
30 days before receiving the first retirement payment.
``(f) Election.--
``(1) If an individual is required to make an election
under this section, the individual shall make the election
within a reasonable time, as determined by the Director.
``(2) An election when made by an individual is irrevocable
and binding on the employee and all survivors.
``SEC. 3142. EXCLUSIVE REMEDY UNDER SUBTITLE B AGAINST THE
UNITED STATES, CONTRACTORS, AND SUBCONTRACTORS.
``(a) In General.--The liability of the United States or an
instrumentality of the United States under subtitle B with
respect to a cancer, silicosis, beryllium illness, beryllium-
related pulmonary condition, or death of an employee is
exclusive and instead of all other liability--
``(1) of--
``(A) the United States;
``(B) any instrumentality of the United States;
``(C) a contractor that contracted with the Department of
Energy to provide management and operating, management and
integration, or environmental remediation of a Department of
Energy facility;
``(D) a subcontractor that provided services, including
construction, at a Department of Energy facility; and
``(E) an employee, agent, or assign of an entity specified
in subparagraphs (A)-(D),
``(2) to--
``(A) the employee;
``(B) the employee's legal representative, spouse,
dependents, survivors, and next of kin; and
``(C) any other person, including any third party as to
whom the employee has a cause of action relating to the
illness or death, otherwise entitled to recover damages from
[[Page H3335]]
the United States, the instrumentality, the contractor, the
subcontractor, or the employee, agent, or assign of one of
them,
because of that cancer, silicosis, beryllium illness,
beryllium-related pulmonary condition, or death in any
proceeding or action, including a direct judicial proceeding,
a civil action, a proceeding in admiralty, or a proceeding
under a tort liability statute or the common law.
``(b) Final Judgment.--This section applies to all cases in
which a final judgment that is not subject to any further
judicial review has not been entered on or before the date of
enactment of this subtitle.
``(c) Workers Compensation.--This section does not apply to
an administrative or judicial proceeding under a State or
Federal workers compensation statute, subject to section
3141.
``SEC. 3143. ELECTION OF REMEDY.
``(a) Beryllium Vendors and Atomic Weapons Employers.--
``(1) If an individual elects to accept compensation under
subtitle B with respect to a cancer, beryllium illness,
beryllium-related pulmonary condition, or death of an
employee, that acceptance of payment shall be in full
settlement of all claims--
``(A) against--
``(i) a beryllium vendor or a contractor or a subcontractor
of a beryllium vendor;
``(ii) an atomic weapons employer; and
``(iii) an employee, agent, or assign of a beryllium
vendor, of a contractor or a subcontractor of a beryllium
vendor, or of an atomic weapons employer,
``(B) by--
``(i) that individual;
``(ii) that individual's legal representative, spouse,
dependents, survivors, and next of kin; and
``(iii) any other person, including any third party as to
whom the employee has a cause of action relating to the
illness or death, otherwise entitled to recover damages from
the beryllium vendor, the contractor or the subcontractor of
the beryllium vendor, the atomic weapons employer, or the
employee, agent, or assign of the beryllium vendor, of the
contractor or the subcontractor of the beryllium vendor, or
of the atomic weapons employer,
that arise out of that cancer, beryllium illness, beryllium-
related pulmonary condition, or death in any proceeding or
action, including a direct judicial proceeding, a civil
action, a proceeding in admiralty, or a proceeding under a
tort liability statute or the common law.
``(2) For purposes of this subsection, atomic weapons
employer has the meaning given that term in section 3111(2)
and beryllium vendor has the meaning given that term in
section 3111(4).
``(b) Payment under Subtitle C and Section 3132 of Subtitle
D.--If an individual elects to accept payment under subtitle
C or section 3132 of subtitle D, that acceptance of payment
shall be in full settlement of all claims--
``(1) against--
``(A) the United States;
``(B) any instrumentality of the United States;
``(C) a contractor that contracted with the Department of
Energy to provide management and operating, management and
integration, or environmental remediation of a Department of
Energy facility;
``(D) a subcontractor that provided services, including
construction, at a Department of Energy facility; and
``(E) an employee, agent, or assign of an entity or
individual specified in clauses (A)-(D),
``(2) by--
``(A) that individual;
``(B) that individual's legal representative, spouse,
dependents, survivors, and next of kin; and
``(C) any other person, including any third party as to
whom the employee has a cause of action relating to the
illness or death for which the payment was made, otherwise
entitled to recover damages from an entity or individual
specified in subparagraph (1),
that arise out of that illness or death for which the payment
was made, in any proceeding or action including a direct
judicial proceeding, a civil action, a proceeding in
admiralty, or a proceeding under a tort liability statute or
the common law.
``(c) Workers Compensation.--This section does not apply to
an administrative or judicial proceeding under a State or
Federal workers compensation statute, subject to section
3141.
``(d) Final Judgment.--This section applies to all cases in
which a final judgment that is not subject to any further
judicial review has not been entered on or before the date of
enactment of this title.
``SEC. 3144. SUBROGATION OF THE UNITED STATES.
``(a) In General.--If an illness, disability, or death for
which compensation under this title is payable is caused
under circumstances creating a legal liability in a person
other than the United States to pay damages, sections 8131
and 8132 of title 5, United States Code, apply, except to the
extent specified in this title.
``(b) Fund.--For purposes of this section, references in
section 8131 and 8132 of title 5, United States Code, to the
Employees Compensation Fund mean the Energy Employees
Occupational Illness Compensation Fund.
``(c) Appearance of Employee.--For the purposes of this
subtitle, the part of section 8131 of title 5, United States
Code, that provides that an employee required to appear as a
party or witness in the prosecution of an action described in
that section is in an active duty status while so engaged
applies only to a Federal employee.
``SEC. 3145. TIME LIMITATION ON FILING A CLAIM.
``(a) In General.--A claim under this title must be filed
within the later of seven years after the effective date of
this title; or--
``(1) for claims under section 3112, seven years after the
date the claimant first becomes aware of--
``(A) a diagnosis of a beryllium illness or a beryllium-
related pulmonary condition; and
``(B) the causal connection of the claimant's illness or
condition to exposure to beryllium in the performance of
duty; and
``(2) for claims under other provisions of this title,
seven years after the date the claimant first becomes aware
of--
``(A) a diagnosis of the illness that is the subject of the
claim; and
``(B) the causal connection of the claimant's illness to
exposure at a Department of Energy facility or at an atomic
weapons employer facility.
``(b) New Period.--A new limitations period commences with
each later diagnosis of an illness or condition mentioned in
subsection (a) different from that previously diagnosed.
``(c) Death Claim.--If a claim filed for disability under
this title meets the requirements of this section, the claim
meets the requirements of this section regarding death
benefits under this title.
``SEC. 3146. ASSIGNMENT OF CLAIM.
``An assignment of a claim for compensation under this
title is void. Compensation and claims for compensation under
this title are exempt from claims of creditors.
``SEC. 3147. REVIEW OF AWARD.
``The action of the Director or of the Panel under section
3148 in allowing or denying a payment under this title is not
subject to judicial review by mandamus or otherwise.
``SEC. 3148. OCCUPATIONAL ILLNESS COMPENSATION APPEALS PANEL.
``(a) Regulations issued by the Director under this title
shall provide for an Occupational Illness Compensation
Appeals Panel of three individuals with authority to hear
and, subject to applicable law and the regulations of the
Director, make final decisions on appeals taken from
determinations and awards with respect to claims of
employees. Under an agreement between the Director and
another Federal agency, a panel appointed by the other
Federal agency may provide these appellate decision-making
services.
``(b) An individual may appeal to the panel a negative
determination of the Director made under section 3114, 3115,
3123, 3131, or 3132.
``SEC. 3149. RECONSIDERATION.
``(a) New Guidelines.--An employee or employee's survivor
may obtain reconsideration of a decision denying coverage
under this title if the Director issues new criteria for a
beryllium illness or silicosis under section 3112(e), new
guidelines for radiation-related cancer under section
3113(a)(1)(C), or new guidelines for other occupational
illnesses under section 3131(d)(3). In order to obtain
reconsideration, an employee or employee's survivor must
submit evidence that is directly relevant to the change in
the new criteria or guidelines.
``(b) New Evidence.--An employee or employee's survivor may
obtain reconsideration of a decision denying an application
for benefits or assistance under this title if the employee
or employee's survivor has additional medical or other
information relevant to the claim that was not reasonably
available at the time of the decision and that likely would
lead to the reversal of the decision.
``(c) Action on Reconsideration.--The Director, in
accordance with the facts found on reconsideration, may--
``(1) end, decrease, or increase the compensation
previously awarded; or
``(2) award compensation or assistance previously refused
or discontinued.
``SEC. 3150. ATTORNEY FEES.
``Notwithstanding any contract, the representative of an
employee or employee's survivor may not receive, for services
rendered in connection with the claim of the employee or
employee's survivor under this title, more than 10 per centum
of a payment made under this title on the claim. A
representative who violates this section shall be fined not
more than $5,000.
``SEC. 3151. CERTAIN CLAIMS OR PAYMENTS NOT AFFECTED BY
AWARDS OF DAMAGES OR FILING A CLAIM.
``A payment made under this title shall not be considered
as any form of compensation or reimbursement for a loss for
purposes of imposing liability on the individual receiving
the payment, on the basis of this receipt, to repay any
insurance carrier for insurance payments. A payment under
this title does not affect a claim against an insurance
carrier with respect to insurance. Filing a claim for
benefits under this title shall not be considered grounds for
termination of insurance payments.
``SEC. 3152. TREATMENT OF PAYMENTS UNDER OTHER LAWS.
``An amount paid to an individual under this title--
``(1) shall not be subject to Federal income tax under the
internal revenue laws of the United States;
``(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code or the amount of those benefits; and
[[Page H3336]]
``(3) shall not be subject to offset under section 3701 et
seq. of title 31, United States Code.
``SEC. 3153. FORFEITURE OF BENEFITS BY CONVICTED FELONS.
``(a) Forfeit Compensation.--An individual convicted of a
violation of section 1920 of title 18, or any other Federal
or State criminal statute relating to fraud in the
application for or receipt of any benefit under this title or
under any other Federal or State workers compensation law,
shall forfeit (as of the date of the conviction) any
compensation under this title that individual would otherwise
be awarded for any illness for which the time of injury was
on or before the date of the conviction. This forfeiture
shall be in addition to any action the Director takes under
sections 8106 or 8129 of title 5, United States Code.
``(b) Dependents.--
``(1) Notwithstanding any other law, except as provided
under paragraph (2), compensation under this title shall not
be paid or provided to an individual while the individual is
confined in a jail, prison, or other penal institution or
correctional facility, pursuant to conviction of a felony.
After this period of incarceration ends, the individual shall
not receive compensation forfeited during the period of
incarceration.
``(2) If an individual has one or more dependents as
defined under section 8110(a) of title 5, United States Code,
the Director may, during the period of incarceration, pay to
these dependents a percentage of the compensation under
section 3114 that would have been payable to the individual
computed according to the percentages set forth in section
8133(a)(1) through (5) of title 5, United States Code.
``(c) Information.--Notwithstanding section 552a of title
5, United States Code, or any other Federal or State law, an
agency of the United States, a State, or a political
subdivision of a State shall make available to the Director,
upon written request from the Director and if the Director
requires the information to carry out this section, the names
and Social Security account numbers of individuals confined,
for conviction of a felony, in a jail, prison, or other penal
institution or correctional facility under the jurisdiction
of that agency.
``SEC. 3154. CIVIL SERVICE RETENTION RIGHTS.
``If a Federal employee found to be disabled under subtitle
B resumes employment with the Federal Government, the
employee shall be entitled to the rights set forth in section
8151 of title 5, United States Code.
``SEC. 3155. CONSTRUCTION.
``(a) Authority of the Director under Other Laws.--For
purposes of this title, the Director has the same authority
or obligation, if any, under a law referenced in this title
as the Secretary of Labor has under that law.
``(b) Regulations.--After the Director issues regulations
to implement this title, a regulation under a law referenced
in this title applies to the Office and the Director as it
applies to the Department of Labor and the Secretary of
Labor, unless in the implementing regulations the Director
modifies or disavows that regulation for the purposes of this
title.
``SEC. 3156. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND.
``(a) Fund.--To carry out this title, there is hereby
created in the Treasury of the United States the Energy
Employees Occupational Illness Compensation Fund, which shall
consist of--
``(1) sums that are appropriated for it;
``(2) amounts that are transferred to it from other
Department of Energy accounts pursuant to section 3157(a);
and
``(3) amounts that would otherwise accrue to it under this
title.
``(b) Use of Fund.--Amounts in the Fund may be used for the
payment of compensation under this title and other benefits
and expenses authorized by this title and for payment of all
expenses incurred in administering this title. These funds
may be appropriated to remain available until expended.
``(c) Cost Determinations.--
``(1) Within 45 days of the end of every quarter of every
fiscal year, the Director shall determine the total costs of
compensation, benefits, administrative expenses, and other
payments made from the Fund during the quarter just ended;
the end-of-quarter balance in the Fund; and the amount
anticipated to be needed during the immediately succeeding
two quarters for the payment of compensation, benefits, and
administrative expenses under this title.
``(2) Each cost determination made in the last quarter of
the fiscal year under paragraph (1) shall show, in addition,
the total costs of compensation, benefits, administrative
expenses, and other payments from the Fund during the
preceding twelve-month expense period and an estimate of the
expenditures from the Fund for the payment of compensation,
benefits, administrative expenses, and other payments for
each of the immediately succeeding two fiscal years.
``SEC. 3157. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There is hereby authorized to be
appropriated to the Department of Energy for deposit into the
Fund such sums as are necessary to carry out the purposes of
this title. In addition, the Secretary of Energy may, to the
extent provided in advance in appropriations Acts, transfer
amounts to the Fund from other Department of Energy
appropriations accounts, to be merged with amounts in the
Fund and available for the same purposes.
``(b) Limits on Compensation.--In any fiscal year, the
Director shall limit the amount of the compensation under
this title, benefits payments, and payment of administrative
expenses to an amount not in excess of the sum of the
appropriations to the Fund and amounts made available by
transfer to the Fund.
``(c) Time for Regulations.--The Director shall promulgate
regulations to implement subsection (b) within 180 days of
the date of the enactment of this title.
``SEC. 3158. EFFECTIVE DATE.
``This title is effective upon enactment, and applies to
all claims, civil actions, and proceedings pending on, or
filed on or after, the date of the enactment of this
title.''.
(b) Whistleblowers.--Section 211(a)(1) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851(a)(1)) is
amended--
(1) in subparagraph (E), by striking ``or;'' and inserting
a semicolon;
(2) in subparagraph (F), by striking the period and
inserting ``; or''; and
(3) after subparagraph (F), by inserting the following new
subparagraph:
``(G) filed an application for benefits or assistance under
title XXXI of the Energy Policy Act of 1992.''.
(c) False Statement or Fraud.--(1) Section 1920 of title
18, United States Code, is amended by inserting after ``title
5'' the following: ``or title XXXI of the Energy Policy Act
of 1992''.
(2) The heading of such section is amended to read as
follows:
``Sec. 1920. False statement or fraud to obtain Federal
employee's or Energy employee's compensation''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 93 of such title is
amended to read as follows:
``1920. False statement or fraud to obtain Federal employee's or Energy
employee's compensation.''.
(d) Receiving Compensation After Marriage.--(1) Section
1921 of title 18, United States Code, is amended by inserting
after ``title 5'' the following: ``or title XXXI of the
Energy Policy Act of 1992''.
(2) The heading of such section is amended to read as
follows:
``Sec. 1921. Receiving Federal employees' or Energy
employees' compensation after marriage''.
(3) The item relating to such section in the table of
sections at the beginning of chapter 93 of such title is
amended to read as follows:
``1921. Receiving Federal employees' or Energy employees' compensation
after marriage.''.
(e) Table of Contents.--The Table of Contents in section
1(b) of the Energy Policy Act of 1992 is amended by inserting
after the items related to title XXX the following new items:
``TITLE XXXI--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM
``Subtitle A--General Definitions and Administrative Office
``Sec. 3101. Definitions.
``Sec. 3102. Occupational Illness Compensation Office.
``Subtitle B--Beryllium, Silicosis, and Radiation
``Sec. 3111. Definitions.
``Sec. 3112. Eligibility of workers exposed to beryllium or silica.
``Sec. 3113. Eligibility of workers exposed to radiation.
``Sec. 3114. Compensation for disability or death, medical services,
and vocational rehabilitation.
``Sec. 3115. Lump sum compensation.
``Sec. 3116. Adjudication.
``Subtitle C--Gaseous Diffusion Employees Exposure Compensation
``Sec. 3121. Definitions.
``Sec. 3122. Eligible employees.
``Sec. 3123. Determination and payment of claims.
``Subtitle D--Energy Workers Exposed to Other Hazardous Materials
``Sec. 3131. Workers exposed to other hazardous materials.
``Sec. 3132. Panel-examined Oak Ridge workers.
``Subtitle E--General Provisions
``Sec. 3141. Dual benefits.
``Sec. 3142. Exclusive remedy under subtitle B against the United
States, contractors, and subcontractors.
``Sec. 3143. Election of remedy.
``Sec. 3144. Subrogation of the United States.
``Sec. 3145. Time limitation on filing a claim.
``Sec. 3146. Assignment of claim.
``Sec. 3147. Review of award.
``Sec. 3148. Occupational Illness Compensation Appeals Panel.
``Sec. 3149. Reconsideration.
``Sec. 3150. Attorney fees.
``Sec. 3151. Certain claims not affected by awards of damages or filing
a claim.
``Sec. 3152. Treatment of payments under other laws.
``Sec. 3153. Forfeiture of benefits by convicted felons.
``Sec. 3154. Civil Service retention rights.
``Sec. 3155. Construction.
``Sec. 3156. Occupational Illness Compensation Fund.
``Sec. 3157. Authorization of appropriations.
``Sec. 3158. Effective date.''.
[[Page H3337]]
Amendment to H.R. 4205, as Reported
Offered by Mr. Hill of Indiana
At the end of title XXVIII (page ____, after line ____),
insert the following new section:
SEC. ____. ECONOMIC DEVELOPMENT CONVEYANCES OF BASE CLOSURE
PROPERTY AVAILABLE OUTSIDE OF BASE CLOSURE
PROCESS.
(a) Authority To Make Conveyances.--Section 2391 of title
10, United States Code, is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Economic Development Conveyances.--(1) In the case of
a military installation to be closed or realigned pursuant to
a law or authority other than a base closure law, the
Secretary of Defense may transfer real property and personal
property located at the military installation to the
recognized redevelopment or reuse authority for the
installation for purposes of job generation on the
installation.
``(2) The transfer of property of a military installation
under paragraph (1) shall be without consideration if the
redevelopment or reuse authority with respect to the
installation--
``(A) agrees that the proceeds from any sale or lease of
the property (or any portion thereof) received by the
redevelopment or reuse authority during at least the first
seven years after the date of the transfer under paragraph
(1) shall be used to support the economic redevelopment of,
or related to, the installation; and
``(B) executes the agreement for transfer of the property
and accepts control of the property within a reasonable time
after the date of the property disposal record of decision or
finding of no significant impact under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) For purposes of paragraph (2), the use of proceeds
from a sale or lease described in such paragraph to pay for,
or offset the costs of, public investment on or related to
the installation for any of the following purposes shall be
considered a use to support the economic redevelopment of, or
related to, the installation:
``(A) Road construction.
``(B) Transportation management facilities.
``(C) Storm and sanitary sewer construction.
``(D) Police and fire protection facilities and other
public facilities.
``(E) Utility construction.
``(F) Building rehabilitation.
``(G) Historic property preservation.
``(H) Pollution prevention equipment or facilities.
``(I) Demolition.
``(J) Disposal of hazardous materials generated by
demolition.
``(K) Landscaping, grading, and other site or public
improvements.
``(L) Planning for or the marketing of the development and
reuse of the installation.
``(4) The Secretary may recoup from a redevelopment or
reuse authority such portion of the proceeds from a sale or
lease described in paragraph (2) as the Secretary determines
appropriate if the redevelopment authority does not use the
proceeds to support economic redevelopment of, or related to,
the installation for the period specified in paragraph
(2).''.
(b) Base Closure Laws.--Subsection (e) of section 2391 of
title 10, United States Code, as redesignated by subsection
(a)(1), is amended by adding at the end the following new
paragraph:
``(4) The term `base closure law' means--
``(A) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note); or
``(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) Retroactive Application.--Notwithstanding section 2843
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2216), the
authority provided in section 2391(c) of title 10, United
States Code, as added by subsection (a)(2), shall apply with
respect to the conveyance of the Indiana Army Ammunition
Plant in Charlestown, Indiana, authorized by such section
2843.
____
Amendment to H.R. 4205, as Reported
Offered by Mr. Hoeffel of Pennsylvania
At the end of title II (page ____, after line ____), insert
the following new section:
SEC. ____. DARPA STUDY AND REPORT ON FEASIBILITY OF ADAPTING
DEFENSE TECHNOLOGIES TO IMPROVE THE MOBILITY
AND QUALITY OF LIFE OF ELDERLY INDIVIDUALS AND
INDIVIDUALS WITH DISABILITIES.
(a) Study Required.--The Secretary of Defense, acting
through the Director of the Defense Advanced Research
Projects Agency, shall conduct a study on the feasibility of
adapting defense technologies to improve the mobility and
quality of life of elderly individuals and individuals of all
ages with disabilities. In carrying out the study, the
Secretary, acting through the Director, shall draw upon and
build upon the existing knowledge base, including public and
private reports and expertise.
(b) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary, acting
through the Director, shall submit to the congressional
committees specified in subsection (d) a report containing
the results of the study.
(c) Contents of Report.--The report submitted under
subsection (b) shall--
(1) identify each defense technology that could, with
appropriate adaptations, be transferred to the private sector
and incorporated into commercially available products for use
by the individuals referred to in subsection (a) to improve
their quality of life; and
(2) include, for each technology identified under paragraph
(1)--
(A) a description of the capabilities of the technology to
improve the quality of life of such individuals;
(B) an estimate of the costs of the adaptation, transfer,
and incorporation referred to in paragraph (1);
(C) information identifying the Federal officer responsible
for responding to inquiries about any such adaptation,
transfer, and incorporation; and
(D) an assessment of the various alternatives available to
provide for such adaptation, transfer, and incorporation,
including alternatives such as cooperative research and
development agreements, aid to startup companies, and Small
Business Innovation Research programs.
(d) Specified Congressional Committees.--The congressional
committees referred to in subsection (b) are--
(1) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Armed Services and the Committee on
Science of the House of Representatives.
(e) Defense Technology Defined.--For purposes of this
section, the term ``defense technology'' means a technology
the research and development of which is funded by the
Department of Defense and carried out, in whole or in part,
by--
(1) the Department of Defense;
(2) any other Federal department or agency; or
(3) a laboratory (as that term is defined in section 12(d)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(d))).
____
Amendment to H.R. 4205, as Reported
Offered by Mr. Rodriguez of Texas
At the end of subtitle E of title III (page 66, after line
23), insert the following new section:
SEC. 343. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION
OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) Grants Authorized.--Chapter 111 of title 10, United
States Code, is amended--
(1) by redesignating section 2199 as section 2199a; and
(2) by inserting after section 2198 the following new
section:
``Sec. 2199. Quality of life education facilities grants
``(a) Repair and Renovation Assistance.--(1) The Secretary
of Defense may make a grant to an eligible local educational
agency to assist the agency to repair and renovate--
``(A) an impacted school facility that is used by
significant numbers of military dependent students; or
``(B) a school facility that was a former Department of
Defense domestic dependent elementary or secondary school.
``(2) Authorized repair and renovation projects may include
repairs and improvements to an impacted school facility
(including the grounds of the facility) designed to ensure
compliance with the requirements of the Americans with
Disabilities Act or local health and safety ordinances, to
meet classroom size requirements, or to accommodate school
population increases.
``(3) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $5,000,000 during any period of two fiscal years.
``(b) Maintenance Assistance.--(1) The Secretary of Defense
may make a grant to an eligible local educational agency
whose boundaries are the same as a military installation to
assist the agency to maintain an impacted school facility,
including the grounds of such a facility.
``(2) The total amount of assistance provided under this
subsection to an eligible local educational agency may not
exceed $250,000 during any fiscal year.
``(c) Determination of Eligible Local Educational
Agencies.--(1) A local educational agency is an eligible
local educational agency under this section only if the
Secretary of Defense determines that the local educational
agency has--
``(A) one or more federally impacted school facilities and
satisfies at least one of the additional eligibility
requirements specified in paragraph (2); or
``(B) a school facility that was a former Department of
Defense domestic dependent elementary or secondary school,
but assistance provided under this subparagraph may only be
used to repair and renovate that facility.
``(2) The additional eligibility requirements referred to
in paragraph (1) are the following:
``(A) The local educational agency is eligible to receive
assistance under subsection (f) of section 8003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703) and at least 10 percent of the students who
[[Page H3338]]
were in average daily attendance in the schools of such
agency during the preceding school year were students
described under paragraph (1)(A) or (1)(B) of section 8003(a)
of the Elementary and Secondary Education Act of 1965.
``(B) At least 35 percent of the students who were in
average daily attendance in the schools of the local
educational agency during the preceding school year were
students described under paragraph (1)(A) or (1)(B) of
section 8003(a) of the Elementary and Secondary Education Act
of 1965.
``(C) The State education system and the local educational
agency are one and the same.
``(d) Notification of Eligibility.--Not later than June 30
of each fiscal year, the Secretary of Defense shall notify
each local educational agency identified under subsection (c)
that the local educational agency is eligible during that
fiscal year to apply for a grant under subsection (a),
subsection (b), or both subsections.
``(e) Relation to Impact Aid Construction Assistance.--A
local education agency that receives a grant under subsection
(a) to repair and renovate a school facility may not also
receive a payment for school construction under section 8007
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7707) for the same fiscal year.
``(f) Grant Considerations.--In determining which eligible
local educational agencies will receive a grant under this
section for a fiscal year, the Secretary of Defense shall
take into consideration the following conditions and needs at
impacted school facilities of eligible local educational
agencies:
``(1) The repair or renovation of facilities is needed to
meet State mandated class size requirements, including
student-teacher ratios and instructional space size
requirements.
``(2) There is a increase in the number of military
dependent students in facilities of the agency due to
increases in unit strength as part of military readiness.
``(3) There are unhoused students on a military
installation due to other strength adjustments at military
installations.
``(4) The repair or renovation of facilities is needed to
address any of the following conditions:
``(A) The condition of the facility poses a threat to the
safety and well-being of students.
``(B) The requirements of the Americans with Disabilities
Act.
``(C) The cost associated with asbestos removal, energy
conservation, or technology upgrades.
``(D) Overcrowding conditions as evidenced by the use of
trailers and portable buildings and the potential for future
overcrowding because of increased enrollment.
``(5) The repair or renovation of facilities is needed to
meet any other Federal or State mandate.
``(6) The number of military dependent students as a
percentage of the total student population in the particular
school facility.
``(7) The age of facility to be repaired or renovated.
``(g) Definitions.--In this section:
``(1) Local educational agency.--The term `local
educational agency' has the meaning given that term in
section 8013(9) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7713(9)).
``(2) Impacted school facility.--The term `impacted school
facility' means a facility of a local educational agency--
``(A) that is used to provide elementary or secondary
education at or near a military installation; and
``(B) at which the average annual enrollment of military
dependent students is a high percentage of the total student
enrollment at the facility, as determined by the Secretary of
Defense.
``(3) Military dependent students.--The term `military
dependent students' means students who are dependents of
members of the armed forces or Department of Defense civilian
employees.
``(4) Military installation.--The term `military
installation' has the meaning given that term in section
2687(e) of this title.
``(h) Funding Source.--Grants under this section shall be
made using funds made available to carry out this section.''.
(b) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 111 of title 10, United States Code, is
amended by striking the item relating to section 2199 and
inserting the following new items:
``2199. Quality of life education facilities grants.
``2199a. Definitions.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part III of subtitle A, of such title
are amended by striking the item relating to chapter 111 and
inserting the following:
``111. Support of Education.................................2191''.....
Amendment to H.R. 4205, as Reported
Offered by Mr. Gonzalez of Texas
At the end of subtitle E of title III (page 66, after line
23), insert the following new section:
SEC. 343. LOAN GUARANTEE PROGRAM FOR MAINTENANCE, REPAIR, AND
RENOVATION OF SCHOOL FACILITIES THAT SERVE
DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Loan Guarantee Program.--Chapter 111 of title 10,
United States Code, is amended--
(1) by redesignating section 2199 as section 2199a; and
(2) by inserting after section 2198 the following new
section:
``Sec. 2199. Quality of life education facilities loan
guarantees
``(a) Maintenance, Repair and Renovation.--(1) The
Secretary of Defense may carry out a loan guarantee program
to assist an eligible local educational agency to maintain,
repair, and renovate--
``(A) an impacted school facility that is used by
significant numbers of military dependent students; or
``(B) a school facility that was a former Department of
Defense domestic dependent elementary or secondary school.
``(2) Authorized purposes for which loans guaranteed under
the program may be used include repairs and improvements to
an impacted school facility (including the grounds of the
facility) designed to ensure compliance with the requirements
of the Americans with Disabilities Act or local health and
safety ordinances, to meet classroom size requirements, or to
accommodate school population increases.
``(b) Loan Guarantees.--Under the loan guarantee program,
the Secretary may guarantee the repayment of any loan made to
an eligible local educational agency to fund, in whole or in
part, activities described in subsection (a).
``(2) 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).
``(3) The total loan amount guaranteed under subsection (a)
for an eligible local educational agency may not exceed
$5,000,000 during any period of two fiscal years.
``(c) Determination of Eligible Local Educational
Agencies.--(1) A local educational agency is an eligible
local educational agency under this section only if the
Secretary of Defense determines that the local educational
agency has--
``(A) one or more federally impacted school facilities and
satisfies at least one of the additional eligibility
requirements specified in paragraph (2); or
``(B) a school facility that was a former Department of
Defense domestic dependent elementary or secondary school,
but assistance provided under this subparagraph may only be
used to repair and renovate that facility.
``(2) The additional eligibility requirements referred to
in paragraph (1) are the following:
``(A) The local educational agency is eligible to receive
assistance under subsection (f) of section 8003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703) and at least 10 percent of the students who were in
average daily attendance in the schools of such agency during
the preceding school year were students described under
paragraph (1)(A) or (1)(B) of section 8003(a) of the
Elementary and Secondary Education Act of 1965.
``(B) At least 35 percent of the students who were in
average daily attendance in the schools of the local
educational agency during the preceding school year were
students described under paragraph (1)(A) or (1)(B) of
section 8003(a) of the Elementary and Secondary Education Act
of 1965.
``(C) The State education system and the local educational
agency are one and the same.
``(d) Notification of Eligibility.--Not later than June 30
of each fiscal year, the Secretary of Defense shall notify
each local educational agency identified under subsection (c)
that the local educational agency is eligible during that
fiscal year to apply for loan guarantees under subsection
(a).
``(e) Relation to Impact Aid Construction Assistance.--A
local education agency that receives a loan guarantee under
subsection (a) to repair and renovate a school facility may
not also receive a payment for school construction under
section 8007 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7707) for the same fiscal year.
``(f) Considerations.--In determining which eligible local
educational agencies will receive a loan guarantee under this
section for a fiscal year, the Secretary of Defense shall
take into consideration the following conditions and needs at
impacted school facilities of eligible local educational
agencies:
``(1) The repair or renovation of facilities is needed to
meet State mandated class size requirements, including
student-teacher ratios and instructional space size
requirements.
``(2) There is a increase in the number of military
dependent students in facilities of the agency due to
increases in unit strength as part of military readiness.
``(3) There are unhoused students on a military
installation due to other strength adjustments at military
installations.
``(4) The repair or renovation of facilities is needed to
address any of the following conditions:
``(A) The condition of the facility poses a threat to the
safety and well-being of students.
``(B) The requirements of the Americans with Disabilities
Act.
``(C) The cost associated with asbestos removal, energy
conservation, or technology upgrades.
``(D) Overcrowding conditions as evidenced by the use of
trailers and portable buildings and the potential for future
overcrowding because of increased enrollment.
``(5) The repair or renovation of facilities is needed to
meet any other Federal or State mandate.
``(6) The number of military dependent students as a
percentage of the total student population in the particular
school facility.
``(7) The age of facility to be repaired or renovated.
[[Page H3339]]
``(g) Definitions.--In this section:
``(1) Local educational agency.--The term `local
educational agency' has the meaning given that term in
section 8013(9) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7713(9)).
``(2) Impacted school facility.--The term `impacted school
facility' means a facility of a local educational agency--
``(A) that is used to provide elementary or secondary
education at or near a military installation; and
``(B) at which the average annual enrollment of military
dependent students is a high percentage of the total student
enrollment at the facility, as determined by the Secretary of
Defense.
``(3) Military dependent students.--The term `military
dependent students' means students who are dependents of
members of the armed forces or Department of Defense civilian
employees.
``(4) Military installation.--The term `military
installation' has the meaning given that term in section
2687(e) of this title.''.
(b) Clerical Amendments.--(1) The table of sections at the
beginning of chapter 111 of title 10, United States Code, is
amended by striking the item relating to section 2199 and
inserting the following new items:
``2199. Quality of life education facilities loan guarantees.
``2199a. Definitions.''.
(2) The tables of chapters at the beginning of subtitle A,
and at the beginning of part III of subtitle A, of such title
are amended by striking the item relating to chapter 111 and
inserting the following:
``111. Support of Education.................................2191''.....
(c) Report Required.--The Secretary of Defense and the
Secretary of Education shall jointly submit to Congress a
report evaluating the need for a loan guarantee program of
the type established by section 2199 of title 10, United
States Code, as added by subsection (a), for all federally
impacted school districts.
Amendment to H.R. 4205, as Reported
Offered by Mr. Berman of California
At the end of title XII (page ____, after line ____),
insert the following new section:
SEC. 1205. SUPPORT FOR PROGRAMS TO PROMOTE INFORMAL REGION-
WIDE DIALOGUES ON ARMS CONTROL AND REGIONAL
SECURITY ISSUES FOR ARAB, ISRAELI, AND UNITED
STATES OFFICIALS AND EXPERTS.
(a) Support for Regional Dialogues.--The amount provided in
section 301(5) for Defense-wide activities is hereby
increased by $1,000,000, to be available, through the Office
of the Assistant Secretary of Defense for International
Security Affairs, only to support current and established
programs, conducted since 1993, to promote informal region-
wide dialogues on arms control and regional security issues
for Arab, Israeli, and United States officials and experts.
(b) Offset.--The amount provided in section 301(19) for
Overseas Humanitarian, Disaster, and Civic Aid programs is
hereby reduced by $1,000,000.
Amendment to H.R. 4205, as Reported
Offered by Mr. Andrews of New Jersey or Mr. Weldon of Pennsylvania
At the end of division A (page ____, after line ____),
insert the following new title:
TITLE XVI--PROVISIONS RELATING TO CYBERTERRORISM PREVENTION
SEC. 1601. MODIFICATION OF AUTHORITIES RELATING TO USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES.
(a) General Limitation on Use by Governmental Agencies.--
Section 3121(c) of title 18, United States Code, is amended--
(1) by inserting ``or trap and trace device'' after ``pen
register'';
(2) by inserting ``, routing, addressing,'' after
``dialing''; and
(3) by striking ``call processing'' and inserting ``the
processing and transmitting of wire and electronic
communications''.
(b) Issuance of Orders.--
(1) In general.--Subsection (a) of section 3123 of that
title is amended to read as follows:
``(a) In General.--(1) Upon an application made under
section 3122(a)(1) of this title, the court shall enter an ex
parte order authorizing the installation and use of a pen
register or trap and trace device if the court finds that the
attorney for the Government has certified to the court that
the information likely to be obtained by such installation
and use is relevant to an ongoing criminal investigation. The
order shall, upon service of the order, apply to any entity
providing wire or electronic communication service in the
United States whose assistance is required to effectuate the
order.
``(2) Upon an application made under section 3122(a)(2) of
this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or
trap and trace device within the jurisdiction of the court if
the court finds that the State law enforcement or
investigative officer has certified to the court that the
information likely to be obtained by such installation and
use is relevant to an ongoing criminal investigation.''.
(2) Contents of order.--Subsection (b)(1) of that section
is amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility'' after ``telephone
line''; and
(ii) by inserting before the semicolon at the end ``or
applied''; and
(B) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a description of the communications to which the
order applies, including the number or other identifier and,
if known, the location of the telephone line or other
facility to which the pen register or trap and trace device
is to be attached or applied, and, in the case of an order
authorizing installation and use of a trap and trace device
under subsection (a)(2), the geographic limits of the order;
and''.
(3) Nondisclosure requirements.--Subsection (d)(2) of that
section is amended--
(A) by inserting ``or other facility'' after ``the line'';
and
(B) by striking ``or who has been ordered by the court''
and inserting ``or applied or who is obligated by the
order''.
(c) Emergency Installation.--Section 3125(a)(1) of that
title is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the comma at the end
and inserting a semicolon; and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) immediate threat to the national security interests
of the United States;
``(D) immediate threat to public health or safety; or
``(E) an attack on the integrity or availability of a
protected computer which attack would be an offense
punishable under section 1030(c)(2)(C) of this title,''.
(d) Definitions.--
(1) Court of competent jurisdiction.--Paragraph (2) of
section 3127 of that title is amended by striking
subparagraph (A) and inserting the following new subparagraph
(A):
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States Court
of Appeals having jurisdiction over the offense being
investigated; or''.
(2) Pen register.--Paragraph (3) of that section is
amended--
(A) by striking ``electronic or other impulses'' and all
that follows through ``is attached'' and inserting ``dialing,
routing, addressing, or signalling information transmitted by
an instrument or facility from which a wire or electronic
communication is transmitted''; and
(B) by inserting ``or process'' after ``device'' each place
it appears.
(3) Trap and trace device.--Paragraph (4) of that section
is amended--
(A) by inserting ``or process'' after ``a device''; and
(B) by striking ``of an instrument'' and all that follows
through the end and inserting ``or other dialing, routing,
addressing, and signalling information relevant to
identifying the source of a wire or electronic
communication;''.
SEC. 1602. MODIFICATION OF PROVISIONS RELATING TO FRAUD AND
RELATED ACTIVITY IN CONNECTION WITH COMPUTERS.
(a) Penalties.--Subsection (c) of section 1030 of title 18,
United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``except as provided in subparagraphs (B)
and (C),'' before ``a fine'';
(ii) by striking ``(a)(5)(C),'' and inserting ``(a)(5),'';
and
(iii) by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``or an attempt to commit an offense
punishable under this subparagraph,'' after ``subsection
(a)(2),'' in the matter preceding clause (i); and
(ii) by adding ``and'' at the end; and
(C) by striking subparagraph (C) and inserting the
following new subparagraph (C):
``(C) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(A) or (a)(5)(B), or an attempt to commit an
offense punishable under this subparagraph, if the offense
caused (or, in the case of an attempted offense, would, if
completed, have caused)--
``(i) loss to one or more persons during any one-year
period (including loss resulting from a related course of
conduct affecting one or more other protected computers)
aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of one or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or for a
government entity in furtherance of the administration of
justice, national defense, or national security; and'';
(2) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(3) in paragraph (3)--
(A) by striking ``(A)'' at the beginning; and
(B) by striking ``, (a)(5)(A), (a)(5)(B),''; and
(4) in paragraph (4), as designated by paragraph (2) of
this subsection, by striking ``(a)(4), (a)(5)(A), (a)(5)(B),
(a)(5)(C),'' and inserting ``(a)(2), (a)(3), (a)(4),
(a)(6),''.
(b) Definitions.--Subsection (e) of that section is
amended--
(1) in paragraph (2)(B), by inserting ``, including a
computer located outside the United States'' before the
semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following
new paragraph (8):
[[Page H3340]]
``(8) the term `damage' means any impairment to the
integrity, availability, or confidentiality of data, a
program, a system, or information;'';
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraphs:
``(10) the term `conviction' shall include an adjudication
of juvenile delinquency for a violation of this section; and
``(11) the term `loss' means any reasonable cost to any
victim, including the cost of responding to an offense,
conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the
offense, and any revenue lost or cost incurred because of
interruption of service.''.
(c) Damages in Civil Actions.--Subsection (g) of that
section is amended in the second sentence by striking
``involving damage'' and all that follows through the period
and inserting ``of subsection (a)(5) shall be limited to loss
unless such action includes one of the elements set forth in
clauses (ii) through (v) of subsection (c)(2)(C).''.
(d) Criminal Forfeiture.--That section is further amended
by adding at the end the following new subsection:
``(i)(1) The court, in imposing sentence on any person
convicted of a violation of this section, may order, in
addition to any other sentence imposed and irrespective of
any provision of State law, that such person forfeit to the
United States--
``(A) the interest of such person in any property, whether
real or personal, that was used or intended to be used to
commit or to facilitate the commission of such violation; and
``(B) any property, whether real or personal, constituting
or derived from any proceeds that such person obtained,
whether directly or indirectly, as a result of such
violation.
``(2) The criminal forfeiture of property under this
subsection, any seizure and disposition thereof, and any
administrative or judicial proceeding relating thereto, shall
be governed by the provisions of section 413 of the
Controlled Substances Act (21 U.S.C. 853), except subsection
(d) of that section.''.
(e) Civil Forfeiture.--That section, as amended by
subsection (d) of this section, is further amended by adding
at the end the following new subsection:
``(j)(1) The following shall be subject to forfeiture to
the United States, and no property right shall exist in them:
``(A) Any property, whether real or personal, that is used
or intended to be used to commit or to facilitate the
commission of any violation of this section.
``(B) Any property, whether real or personal, that
constitutes or is derived from proceeds traceable to any
violation of this section.
``(2) The provisions of chapter 46 of this title relating
to civil forfeiture shall apply to any seizure or civil
forfeiture under this subsection.''.
SEC. 1603. JUVENILE DELINQUENCY.
Clause (3) of the first paragraph of section 5032 of title
18, United States Code, is amended--
(1) by striking ``or'' before ``section 1002(a)'';
(2) by striking ``or'' before ``section 924(b)''; and
(3) by inserting after ``or (h) of this title,'' the
following: ``or section 1030(a)(1), (a)(2)(B), or (a)(3) of
this title, or is a felony violation of section 1030(a)(5) of
this title where such violation of such section 1030(a)(5) is
punishable under clauses (ii) through (v) of section
1030(c)(2)(C) of this title,''.
SEC. 1604. AMENDMENT TO SENTENCING GUIDELINES.
Section 805(c) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 28 U.S.C. 994 note)
is amended by striking ``paragraph (4) or (5)'' and inserting
``paragraph (4) or a felony violation of paragraph (5)(A)''.
Amendment to H.R. 4205, as Reported.
Offered by Mr. Baca of California
At the end of title X (page ____, after line ____), insert
the following new section:
SEC. 1038. GOLD CONTENT FOR MEDAL OF HONOR.
(a) Requirement for Gold Content.--Sections 3741, 6241, and
8741 of title 10, United States Code, and section 491 of
title 14, United States Code, are each amended by inserting
``the metal content of which is 90 percent gold and 10
percent alloy and'' after ``appropriate design,''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to any award of the Medal of Honor
after the date of the enactment of this Act.
Amendment to H.R. 4205, as Reported
Offered by Mr. Frank of Massachusetts
At the end of title XII (page ____, after line ____),
insert the following new section:
SEC. 1205. SENSE OF CONGRESS CONCERNING BURDEN SHARING BY
EUROPEAN ALLIES OF THE UNITED STATES.
It is the sense of Congress that--
(1) the United States continues to carry a disproportionate
share of military responsibilities in Europe and worldwide;
(2) Congress welcomes the initiative of the European allies
of the United States to create an integrated military force
that would be capable of responding to threats within Europe
in cases in which the North Atlantic Treaty Organization as
such is not engaged; and
(3) whenever there is a military operation in Europe
involving those allies and the United States, those allies
should have primary responsibility for providing the ground
forces for the operation.
Amendment to H.R. 4205, as Reported
Offered by Mr. Abercrombie of Hawaii
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. 1038. UNUSED PORTION OF LOW-INCOME HOUSING CREDIT
FINANCED WITH TAX EXEMPT BONDS USED FOR
CONSTRUCTION OF MILITARY HOUSING.
(a) In General.--Section 42 of the Internal Revenue Code of
1986 (relating to low-income housing credit) is amended by
redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Qualified Military Housing Building.--For purposes of
this section--
``(1) In general.--A qualified military housing building
shall be treated as a new qualified low-income housing
building.
``(2) Applicable percentage and qualified basis.--The
applicable percentage for the qualified military housing
building shall be determined under subsection (b)(2) in a
manner to yield the credit amount described in subsection
(b)(2)(B)(ii). The qualified basis of such building shall be
the basis determined under subsection (d)(1).
``(3) Qualified military housing building.--The term
`qualified military housing building' means military family
housing or military unaccompanied housing located in the
United States which is constructed and used exclusively as
military housing (within the meaning of chapter 169 of title
10, United States Code) at all times during the compliance
period.
``(4) Military family housing and military unaccompanied
housing.--The terms `military family housing' and `military
unaccompanied housing' have the same meanings as when used in
subchapter IV of chapter 169 of title 10, United States
Code.''.
(b) Use of Tax Exempt Bonds for Military Housing
Projects.--
(1) In general.--Subsection (d) of section 142 of such Code
(relating to exempt facility bonds) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting
after paragraph (6) the following new paragraph:
``(7) Special rule for qualified military housing
projects.--For purposes of paragraph (1)--
``(A) In general.--A qualified military housing project
shall be treated as a qualified residential rental project.
``(B) Qualified military housing project defined.--The term
`qualified military housing project' means a project for
military family housing or military unaccompanied housing
located in the United States which is constructed and used
exclusively as military housing (within the meaning of
chapter 169 of title 10, United States Code) at all times
during the qualified project period.''.
(2) Priority among residential rental housing projects.--
Section 146 of such Code (relating to the volume cap) is
amended by adding at the end the following new subsection:
``(n) Priority Among Residential Rental Housing Projects.--
An issuer shall not allocate an amount for a qualified
military housing project (within the meaning of section
142(d)(7)) for a year unless the issuer certifies that such
amount is not needed for residential rental projects that are
not qualified military housing projects for that year.''.
(c) Effective Date.--The amendments made by this section
shall apply to buildings placed in service and bonds issued
after December 31, 1999.
Amendment to H.R. 4205, as Reported
Offered by Mr. Blagojevich of Illinois
Strike title XV and insert the following:
SEC. 1501. CONVEYANCE OF FEDERAL LAND IN AND AROUND VIEQUES
ISLAND, PUERTO RICO, TO THE COMMONWEALTH OF
PUERTO RICO.
Section 8 of the Puerto Rican Federal Relations Act (48
U.S.C. 749) is amended by adding at the end the following:
``In addition, 60 days after the Governor submits to the
President, the Senate, and the House of Representatives a
plan for the use for public purposes of all Federal property
that is on or within one mile surrounding Vieques Island and
not transferred to the control of the Government of Puerto
Rico before the date of the enactment of this sentence, all
such property shall be conveyed to the Government of Puerto
Rico to be maintained and administered in accordance with
such plan without consideration. For the purposes of such
plan, public purpose shall include public benefit uses
applicable to Guam under the Guam Excess Lands Act (Public
Law 103-339; 108 Stat. 3116). Any Federal agency using or
exercising control over any lands or facilities so conveyed
shall be responsible for the removal and cleanup of any toxic
or hazard material related to such lands or facilities.''.
SEC. 1502. ECONOMIC ASSISTANCE FOR RESIDENTS OF VIEQUES
ISLAND.
(a) Assistance Authorized.--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) Transfer Authority.--The Secretary of Defense may
expend amounts available
[[Page H3341]]
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.
Amendment to H.R. 4205, as Reported
Offered by Mr. Condit of California
At the end of title V (page ____, after line ____), insert
the following new section:
SEC. ____. ENTITLEMENT OF MILITARY RETIREES TO BENEFITS
PROMISED UPON ACCESSION.
(a) In General.--Chapter 34 of title 10, United States
Code, is amended by inserting after section 1031 the
following new section:
``Sec. 1031a. Entitlement to retirement benefits: persons
first becoming members of the armed forces on or after date
of enactment of section
``(a) Explanation of Retirement Benefits.--In the case of
any person who first becomes a member of the armed forces on
or after the date of the enactment of this section, the
Secretary concerned shall ensure that the person, upon first
becoming a member of the armed forces, is provided a written
statement describing the benefits that, under then-current
laws and regulations, will be provided to that person if that
person is subsequently retired from the armed forces. Such
statement shall be in clear and concise language and shall
explain any limitation or qualification on the receipt of
those benefits (such as, in the case of medical and dental
care, the availability of staff and facilities). However, any
such limitation or qualification may not include a statement
of reservation of the right to change any such benefit
(either by law or regulation).
``(b) Entitlement to Retirement Benefits.--Any person who
receives a statement of retirement benefits under subsection
(a) and who subsequently retires from the armed forces shall
be entitled, upon that retirement, to the benefits as
described in that statement.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1031 the following new item:
``1031a. Entitlement to retirement benefits: persons first becoming
members of the armed forces on or after date of enactment
of section.''.
Amendment to H.R. 4205, as Reported
Offered by Mr. Cox of California or Mr. Dicks of Washington
At the end of title XII (page 338, after line 13), insert
the following new section:
SEC. 1205. END-USE VERIFICATION FOR USE BY CERTAIN COUNTRIES
OF HIGH-PERFORMANCE COMPUTERS.
(a) Revised HPC Verification System.--The President shall
seek to enter into an agreement with each country described
in subsection (c) to revise the existing verification system
with that country with respect to end-use verification for
high-performance computers exported or to be exported to that
country so as to provide for an open and transparent system
providing for effective end-use verification for such
computers and, at a minimum, providing for on-site inspection
of the end-use and end-user of such computers, without
notice, by United States nationals designated by the United
States Government. The President shall transmit a copy of the
agreement to Congress.
(b) Consequence of Failure To Establish Revised
Verification System.--If a revised verification system
described in subsection (a) is not agreed to by a country
described in subsection (c) by September 1, 2001, then until
such a system is agreed to by that country--
(1) each license for the export of a high-performance
computer to that country shall include a requirement for on-
site inspection of the end-use and the end-user, without
notice, by United States nationals designated by the United
States Government and, in the absence of this requirement,
the license shall be denied; or
(2) the President may certify to the congressional
committees designated in section 1215 of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note) that other appropriate measures, similar to and of
equal or greater effectiveness as the system described in
subsection (a), have been taken to establish an open and
transparent system for effective end-use verification for
high-performance computers exported to that country, or to
protect the national security in the absence of such a
system.
(c) Countries Described.--A country referred to in
subsections (a) and (b) is a country--
(1) to which exports of high-performance computers are
subject to section 1211(a) of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note); and
(2) that has denied more than 50 percent of the requests
for post-shipment verifications under section 1213 of that
Act.
(d) Definition.--As used in this section, the term ``high-
performance computer'' means a computer which, by virtue of
its composite theoretical performance level, would be subject
to section 1211 of the National Defense Authorization Act for
Fiscal Year 1998 (50 U.S.C. App. 2404 note).
(e) Adjustment of composite theoretical performance
levels.--Section 1211(d) of the National Defense
Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
note) is amended in the second sentence by inserting before
the period the following: ``, with reference both to the
utility of computers of particular performance levels for
nuclear weapons, other weapons of mass destruction, and other
military applications, and to the commercial availability of
computers and components from sources outside the
jurisdiction of the United States''.
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
At the end of title XII (page ____, after line ____),
insert the following new section:
SEC. 1205. PERSIAN GULF SECURITY COST FAIRNESS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the several key oil-producing countries that relied on
the United States for their military protection in 1990 and
1991, including during the Persian Gulf conflict, and
continue to depend on the United States for their security
and stability, should share in the responsibility for that
stability and security commensurate with their national
capabilities; and
(2) the countries of the Gulf Cooperation Council (Bahrain,
Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab
Emirates) have the economic capability to contribute more
toward their own security and stability and therefore these
countries should contribute commensurate with that
capability.
(b) Efforts To Increase Burdensharing by Countries in the
Persian Gulf Region Benefitting From United States Military
Presence.--The President shall seek to have each country in
the Persian Gulf region to which the United States extends
military protection (either through security agreements,
basing arrangements, or mutual participation in multinational
military organizations or operations) take one or more of the
following actions:
(1) For any country in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States for stationing United
States military personnel in that country, with the goal of
achieving by September 30, 2003, 75 percent of such costs. An
increase in financial contributions by any country under this
paragraph may include the elimination of taxes, fees, or
other charges levied on the United States military personnel,
equipment, or facilities stationed in that country.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 2001.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic
stabilization, transparency arrangements, defense economic
conversion, respect for the rule of law, and internationally
recognized human rights) by 10 percent or at least to a level
commensurate to that of the United States by September 30,
2001.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
military activities in the Persian Gulf region.
(c) Authorities To Encourage Actions by United States
Allies.--In seeking the actions described in subsection (b)
with respect to any country, or in response to a failure by
any country to undertake one or more of such actions, the
President may take any of the following measures to the
extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent or part-time duty in the Persian
Gulf region.
(2) Impose on those countries fees or other charges similar
to those that such countries impose on United States forces
stationed in such countries.
(3) Suspend, modify, or terminate any bilateral security
agreement the United States has with that country, consistent
with the terms of such agreement.
(4) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) any United
States bilateral assistance appropriated for that country.
(5) Take any other action the President determines to be
appropriate as authorized by law.
(d) Report on Progress in Increasing Allied
Burdensharing.--Not later than March 1, 2001, the Secretary
of Defense shall submit to Congress a report on--
(1) steps taken by other countries to complete the actions
described in subsection (b);
(2) all measures taken by the President, including those
authorized in section subsection (c), to achieve the actions
described in subsection (b);
(3) the difference between the amount allocated by other
countries for each of the actions described in subsection (b)
during the period beginning on October 1, 2000, and ending on
September 30, 2001, and during the period beginning on
October 1, 2001, and ending on September 30, 2002; and
(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
(e) Review and Report on National Security Bases for
Forward Deployment and Burdensharing Relationships.--
[[Page H3342]]
(1) Review.--In order to ensure the best allocation of
budgetary resources, the President shall undertake a review
of the status of elements of the Armed Forces that are
permanently stationed outside the United States. The review
shall include an assessment of the following:
(A) The requirements that are to be found in agreements
between the United States and the allies of the United States
in the Persian Gulf region.
(B) The national security interests that support permanent
stationing of elements of the Armed Forces outside the United
States.
(C) The stationing costs associated with forward deployment
of elements of the Armed Forces.
(D) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such requirements or
national security interests, with such alternatives
identified and described in detail.
(E) The costs and force structure configurations associated
with such alternatives to forward deployment.
(F) The financial contributions that allies of the United
States in the Persian Gulf region make to common defense
efforts (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion,
respect for the rule of law, and internationally recognized
human rights).
(G) The contributions that allies of the United States in
the Persian Gulf region make to meeting the stationing costs
associated with the forward deployment of elements of the
Armed Forces.
(H) The annual expenditures of the United States and its
allies in the Persian Gulf region on national defense, and
the relative percentages of each country's gross domestic
product constituted by those expenditures.
(2) Report.--The President shall submit to Congress a
report on the review under paragraph (1). The report shall be
submitted not later than March 1, 2001, in classified and
unclassified form.
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
At the end of subtitle D of title I (page ____, after line
____), insert the following new section:
SEC. 132. REDUCTION IN FUNDS FOR F-22 PROGRAM.
The amount provided in section 103(1) for procurement of
aircraft for the Air Force is hereby reduced by
$1,038,050,000, to be derived from the F-22 aircraft program,
of which--
(1) $840,000,000 shall be derived from amounts for low-rate
initial production; and
(2) $198,050,000 shall be derived from amounts for advance
procurement.
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
Page 470, beginning at line 12, strike section 3402 and
insert the following:
SEC. . ESTABLISHMENT OF NATIONAL DEFENSE RESERVE FLEET
VESSEL SCRAPPING PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a National Defense Reserve Fleet vessel scrapping
and processing pilot program in the United States during
fiscal years 2001 through 2003. The scope of the program
shall be that which the Secretary determines is sufficient
to--
(1) gather data on the cost of scrapping and scrap
processing, in the United States, of National Defense Reserve
Fleet vessels; and
(2) demonstrate cost effective technologies and techniques
to scrap and process such vessels in a manner that is
protective of worker safety and health and the environment.
(b) Contract Award.--(1) The Secretary, subject to the
availability of appropriations--
(A) shall award a contract under subsection (a) for
scrapping service to any person that the Secretary determines
will provide the best value to the United States Government,
taking into account any factors that the Secretary considers
appropriate; and
(B) may award, as appropriate, a contract to manage the
monitoring, inspection, and reporting process of any
scrapping facility that will perform a contract under
subparagraph (A).
(2) In making a best value determination under paragraph
(1)(A), the Secretary shall give a greater weight to
technical and performance-related factors than to cost and
price-related factors.
(3) In selecting any contractor under this subsection, the
Secretary shall give significant consideration to the
technical and management qualifications and past performance
of the contractor and the major subcontractors or team
members of the contractor in complying with applicable
Federal, State, and local laws and regulations for
environmental and worker protection. In accordance with the
requirements of the Federal Acquisition Regulation, in the
case of an offeror without a record of relevant past
performance or for whom information on past performance is
not available, the offeror may not be evaluated favorably or
unfavorably on past performance.
(4) The Secretary shall ensure regional diversity in
awarding contracts under this section.
(c) Contract Terms and Conditions.--Each contract awarded
by the Secretary pursuant to subsection (b) shall, at a
minimum, provide for--
(1) the sharing, by any appropriate contracting method, of
the costs of scrapping the vessel or vessels between the
Government and the contractor;
(2) a performance incentive for a successful record of
environmental and worker protection in performance of the
contract;
(3) Government rights for access to facilities, inspection
of work, and monitoring of facilities by Government personnel
or an authorized representatives to determine compliance with
this Act and the laws of the United States; and
(4) any other terms that the Secretary considers
appropriate.
(d) Reports.--(1) Not later than June 30, 2001, the
Secretary of Transportation shall submit an interim report on
the pilot program to the Committee on Armed Services of the
House of Representatives and of the Senate. The report shall
contain the following:
(A) The procedures used for the solicitation and award of a
contract or contracts under the pilot program.
(B) The contract or contracts awarded under the pilot
program.
(2) Not later than September 30, 2004, the Secretary shall
submit a final report on the pilot program to the committees
specified in paragraph (1). The report shall contain the
following:
(A) The results of the pilot program and the performance of
the contractors under such program.
(B) The Secretary's recommended strategy to carry out
future ship scrapping activities, including funding and
personnel requirements.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $40,000,000 for each of
fiscal years 2001, 2002, and 2003 to carry out this section.
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
Page 471, after line 17, insert the following:
(d) Requirements Applicable to Foreign Scrapping.--Section
6 of such Act (16 U.S.C. 5405) is amended by adding at the
end the following:
``(e) Application to Foreign Scrapping of Laws Relating to
Environmental Protection, Labor, and Safety.--The Secretary
of Transportation may scrap a vessel in a foreign country
under subsection (c) only if--
``(1) such Secretary removes all transformers and large and
low voltage capacitors that contain dielectric fluids with
PCBs in any concentrations and all hydraulic and heat
transfer fluids containing PCBs;
``(2) such Secretary removes all solid items containing
PCBs, to the extent that the solid items are readily
removable and their removal does not jeopardize the
structural integrity of the ship or the ability of the vessel
to be operated in a seaworthy manner for delivery to the
location where it will be scraped;
``(3) such Secretary or the purchaser of the vessel
notifies the Administrator of the Environmental Protection
Agency at least 45 days before the vessel is exported for
scrapping, stating--
``(A) the name and contact information for the person
arranging for the export of the vessel;
``(B) the country to which the vessel is being exported;
``(C) the name and contact information of the person
conducting any PCB removal activities;
``(D) the vessel name and official number; and
``(E) the estimated date of export;
``(4) such Secretary certifies that the place in which the
vessel is scraped has adequate measures to ensure that the
environment is not degraded and the health and livelihood of
nearby communities are not put at risk;
``(5) such Secretary certifies that shipbreaking workers
are given adequate workplace protections and the conditions
of work minimize the risk of occupational injury and disease
to the workers; and
``(6) such Secretary certifies that shipbreaking workers'
living facilities are hygenic and not contaminated by the
shipbreaking activities; and
``(7) such Secretary certifies that removal and disposal of
all hazardous materials from the vessel in the foreign
country are done in a safe and environmentally sound
manner.''.
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
Page 470, beginning at line 12, strike section 3402 and
insert the following (and redesignate accordingly):
SEC. . ESTABLISHMENT OF NATIONAL DEFENSE RESERVE FLEET
VESSEL SCRAPPING PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall
carry out a National Defense Reserve Fleet vessel scrapping
and processing pilot program in the United States during
fiscal years 2001 through 2003. The scope of the program
shall be that which the Secretary determines is sufficient
to--
(1) gather data on the cost of scrapping and scrap
processing, in the United States, of National Defense Reserve
Fleet vessels; and
(2) demonstrate cost effective technologies and techniques
to scrap and process such vessels in a manner that is
protective of worker safety and health and the environment.
(b) Contract Award.--(1) The Secretary, subject to the
availability of appropriations--
[[Page H3343]]
(A) shall award a contract under subsection (a) for
scrapping service to any person that the Secretary determines
will provide the best value to the United States Government,
taking into account any factors that the Secretary considers
appropriate; and
(B) may award, as appropriate, a contract to manage the
monitoring, inspection, and reporting process of any
scrapping facility that will perform a contract under
subparagraph (A).
(2) In making a best value determination under paragraph
(1)(A), the Secretary shall give a greater weight to
technical and performance-related factors than to cost and
price-related factors.
(3) In selecting any contractor under this subsection, the
Secretary shall give significant consideration to the
technical and management qualifications and past performance
of the contractor and the major subcontractors or team
members of the contractor in complying with applicable
Federal, State, and local laws and regulations for
environmental and worker protection. In accordance with the
requirements of the Federal Acquisition Regulation, in the
case of an offeror without a record of relevant past
performance or for whom information on past performance is
not available, the offeror may not be evaluated favorably or
unfavorably on past performance.
(4) The Secretary shall ensure regional diversity in
awarding contracts under this section.
(c) Contract Terms and Conditions.--Each contract awarded
by the Secretary pursuant to subsection (b) shall, at a
minimum, provide for--
(1) the sharing, by any appropriate contracting method, of
the costs of scrapping the vessel or vessels between the
Government and the contractor;
(2) a performance incentive for a successful record of
environmental and worker protection in performance of the
contract;
(3) Government rights for access to facilities, inspection
of work, and monitoring of facilities by Government personnel
or an authorized representatives to determine compliance with
this Act and the laws of the United States; and
(4) any other terms that the Secretary considers
appropriate.
(d) Reports.--(1) Not later than June 30, 2001, the
Secretary of Transportation shall submit an interim report on
the pilot program to the Committee on Armed Services of the
House of Representatives and of the Senate. The report shall
contain the following:
(A) The procedures used for the solicitation and award of a
contract or contracts under the pilot program.
(B) The contract or contracts awarded under the pilot
program.
(2) Not later than September 30, 2004, the Secretary shall
submit a final report on the pilot program to the committees
specified in paragraph (1). The report shall contain the
following:
(A) The results of the pilot program and the performance of
the contractors under such program.
(B) The Secretary's recommended strategy to carry out
future ship scrapping activities, including funding and
personnel requirements.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $40,000,000 for each of
fiscal years 2001, 2002, and 2003 to carry out this section.
SEC. . REPEAL OF NATIONAL DEFENSE RESERVE FLEET SCRAPPING
RETURN REQUIREMENT.
Section 6(c)(1) of the National Maritime Heritage Act of
1994 (16 U.S.C. 5405(c)(1)) is amended--
(1) in subparagraph (A) by adding ``and'' after the
semicolon;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
Amendment to H.R. 4205, as Reported
Offered by Mr. DeFazio of Oregon
Page 471, after line 17, insert the following:
(d) Requirements Applicable to Foreign Scrapping.--Section
6 of such Act (16 U.S.C. 5405) is amended by adding at the
end the following:
``(e) Application to Foreign Scrapping of Laws Relating to
Environmental Protection, Labor, and Safety.--The Secretary
of Transportation may not scrap a vessel outside of the
United States under subsection (c) except in compliance with
all Federal laws relating to environmental protection, labor,
and safety that would apply to scrapping of the vessel inside
the United States.''.
Amendment to H.R. 4205, 1as Reported
Offered by Mr. DeFazio of Oregon
Page 470, beginning at line 12, strike section 3402.
Amendment to H.R. 4205, as Reported
Offered by Ms. DeGette of Colorado
At the end of title II (page ____, after line ____), insert
the following new section:
SEC. ____. AMOUNTS FOR ENVIRONMENTAL TECHNOLOGY.
Of amounts made available pursuant to an authorization of
appropriations in section 201, amounts shall be available for
environmental technology projects as follows:
(1) Of the amount for the Army pursuant to section 201(1),
not less than $25,000,000 and not more than $94,000,000.
(2) Of the amount for the Navy pursuant to section 201(2),
not less than $86,000,000 and not more than $105,800,000.
(3) Of the amount for the Air Force pursuant to section
201(3), not less than $6,000,000 and not more than
$8,200,000.
(4) Of the amount for Defense-wide activities pursuant to
section 201(4), not less than $77,000,000 and not more than
$80,400,000.
Amendment to H.R. 4205, as Reported
Offered by Mr. Kucinich of Ohio
At the end of title XII (page 338, after line 13), insert
the following new section:
SEC. 1205. REPORT ON USE OF CLUSTER MUNITIONS DURING KOSOVO
CONFLICT.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the
Department of Defense shall submit to Congress a report on
the use by the United States Armed Forces of cluster
munitions during the Kosovo conflict beginning on March 26,
1999.
(b) Matters To Be Included.--The report under subsection
(a) shall include the following:
(1) An inventory of all kinds of cluster munitions that
were used and expended throughout the Kosovo conflict.
(2) Specific criteria for targets selected.
(3) A time line of the use of those munitions.
(4) An assessment of the effectiveness of different types
of targets.
(5) Any reported incidents of cluster munitions
malfunctions.
(6) A list of incidents reported involving unexploded
munitions.
(7) An estimate of the number of civilians maimed or killed
by such munitions.
(8) Specific deficiencies in cluster munitions.
(9) Specific advantages of cluster munitions.
(10) An estimate of the effectiveness of different
munitions.
(11) The dud rate for each munition used, shown both for
the usage of that munition in Kosovo and for the general
usage of that munition.
(12) A comparison of the use of cluster munitions by the
United States with the use of such munitions by forces of the
United Kingdom.
(13) A cost-benefit analysis of reducing the dud rate of
cluster munitions.
(c) Definitions.--For purposes of this section:
(1) The term ``cluster munition'' means an air-launched
submunition dispensing system.
(2) The term ``dud rate'' means the rate of failure.
Amendment to H.R. 4205, as Reported
Offered by Representative Zoe Lofgren
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. 1038. SATELLITE CONTROLS UNDER THE UNITED STATES
MUNITIONS LIST.
Section 1513(a) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
22 U.S.C. 2778 note) is amended--
(1) by inserting ``(1)'' before ``Notwithstanding''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a satellite or
related item if the Secretary of Commerce determines that--
``(A) the satellite or related item is intended for basic
or applied research in science and engineering; and
``(B) the resulting information is ordinarily published and
shared broadly within the scientific community.''.
Amendment to H.R. 4205, as Reported
Offered by Mr. Markey of Massachusetts
At the end of section 232 (page 40, after line 2), insert
the following new subsection:
(d) Strategic Stability With Trading Partners.--It is the
policy of the United States that a national missile defense
system should not be deployed against ballistic missiles from
any nation that is a member of the World Trade Organization
or that has permanent normal trade relations with the United
States.
Amendment to H.R. 4205, as Reported
Offered by Mr. Peterson of Minnesota
At the end of title V (page ____, after line ____), insert
the following new section:
SEC. 557. SEPARATION AND RETIREMENT OF NATIONAL GUARD
MILITARY TECHNICIANS ON SAME BASIS ON RESERVE
TECHNICIANS.
(a) In General.--(1) Chapter 1007 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 10219. National Guard technicians: conditions for
retention; mandatory retirement under civil service laws
``(a) Separation and Retirement of Military Technicians
(Dual Status).--(1) An individual employed by the Department
of the Army or the Department of the Air Force under section
709 of title 32 as a military technician (dual status) who
after the date of the enactment of this section loses dual
status is subject to paragraph (2) or (3), as the case may
be.
``(2) If a technician described in paragraph (1) is
eligible at the time dual status is lost for an unreduced
annuity, the technician shall be separated not later than 30
days after the date on which dual status is lost.
``(3)(A) If a technician described in paragraph (1) is not
eligible at the time dual status is lost for an unreduced
annuity, the technician shall be offered the opportunity to--
``(i) reapply for, and if qualified be appointed to, a
position as a military technician (dual status); or
[[Page H3344]]
``(ii) apply for a civil service position that is not a
technician position.
``(B) If such a technician continues employment with the
Department of the Army or the Department of the Air Force as
a non-dual status technician, the technician--
``(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this
section, to apply for any voluntary personnel action; and
``(ii) shall be separated or retired--
``(I) in the case of a technician first hired as a military
technician (dual status) on or before February 10, 1996, not
later than 30 days after becoming eligible for an unreduced
annuity; and
``(II) in the case of a technician first hired as a
military technician (dual status) after February 10, 1996,
not later than one year after the date on which dual status
is lost.
``(4) For purposes of this subsection, a military
technician is considered to lose dual status upon--
``(A) being separated from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position held by the technician.
``(b) Non-Dual Status Technicians.--(1) An individual who
on the date of the enactment of this section is employed by
the Department of the Army or the Department of the Air Force
under section 709 of title 32 as a non-dual status technician
and who on that date is eligible for an unreduced annuity
shall be separated not later than six months after the date
of the enactment of this section.
``(2)(A) An individual who on the date of the enactment of
this section is employed by the Department of the Army or the
Department of the Air Force under section 709 of title 32 as
a non-dual status technician and who on that date is not
eligible for an unreduced annuity shall be offered the
opportunity to--
``(i) reapply for, and if qualified be appointed to, a
position as a military technician (dual status); or
``(ii) apply for a civil service position that is not a
technician position.
``(B) If such a technician continues employment with the
Department of the Army or the Department of the Air Force
under section 709 of title 32 as a non-dual status
technician, the technician--
``(i) shall not be permitted, after the end of the one-year
period beginning on the date of the enactment of this
section, to apply for any voluntary personnel action; and
``(ii) shall be separated or retired--
``(I) in the case of a technician first hired as a
technician on or before February 10, 1996, and who on the
date of the enactment of this section is a non-dual status
technician, not later than 30 days after becoming eligible
for an unreduced annuity; and
``(II) in the case of a technician first hired as a
technician after February 10, 1996, and who on the date of
the enactment of this section is a non-dual status
technician, not later than one year after the date on which
dual status is lost.
``(3) An individual employed by the Department of the Army
or the Department of the Air Force under section 709 of title
32 as a non-dual status technician who is ineligible for
appointment to a military technician (dual status) position,
or who decides not to apply for appointment to such a
position, or who, within six months of the date of the
enactment of this section is not appointed to such a
position, shall for reduction-in-force purposes be in a
separate competitive category from employees who are military
technicians (dual status).
``(c) Unreduced Annuity Defined.--For purposes of this
section, a technician shall be considered to be eligible for
an unreduced annuity if the technician is eligible for an
annuity under section 8336, 8412, or 8414 of title 5 that is
not subject to a reduction by reason of the age or years of
service of the technician.
``(d) Voluntary Personnel Action Defined.--In this section,
the term `voluntary personnel action', with respect to a non-
dual status technician, means any of the following:
``(1) The hiring, entry, appointment, reassignment,
promotion, or transfer of the technician into a position for
which the Secretary concerned has established a requirement
that the person occupying the position be a military
technician (dual status).
``(2) Promotion to a higher grade if the technician is in a
position for which the Secretary concerned has established a
requirement that the person occupying the position be a
military technician (dual status).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``10219. National Guard technicians: conditions for retention;
mandatory retirement under civil service laws.''.
(3) During the six-month period beginning on the date of
the enactment of this Act, the provisions of subsections
(a)(3)(B)(ii)(I) and (b)(2)(B)(ii)(I) of section 10219 of
title 10, United States Code, as added by paragraph (1),
shall be applied by substituting ``six months'' for ``30
days''.
(b) Early Retirement.--Section 8414(c)(1) of title 5,
United States Code, is amended by striking ``reserve'' after
``as a military''.
Amendment to H.R. 4205, as Reported
Offered by Ms. Schakowsky of Illinois
At the end of subtitle C of title II (page 42, after line
19), insert the following new section:
SEC. 236. DIPLOMATIC INITIATIVE WITH NORTH KOREA FOR
NEGOTIATION OF END TO ITS BALLISTIC MISSILE
PROGRAM.
Of the amount available for the Ballistic Missile Defense
Organization pursuant to the authorization of appropriations
in section 201(4), not less than $1,000,000 shall be
available for the development of a diplomatic initiative with
North Korea for negotiation of end to its ballistic missile
program.
Amendment to H.R. 4205, as Reported
Offered by Ms. Schakowsky of Illinois
At the end of title III (page 82, after line 14), insert
the following new section:
SEC. 366. DEPARTMENT OF DEFENSE SUPPORT FOR COMBATTING AIDS
IN AFRICA AND AROUND THE WORLD.
(a) AIDS Program.--The Secretary of Defense shall carry out
a program to support activities to combat the acquired immune
deficiency syndrome (AIDS) in Africa and around the world.
Such support may include the purchase of medicines, provision
of transportation, furnishing personnel to dispense
medications, and assistance in the development of public
health infrastructure.
(b) Funds.--The amount provided in section 301(19) for
Overseas Humanitarian, Disaster, and Civic Aid programs is
hereby increased by $283,000,000.
(c) Offset.--The amount provided in section 201(4), and the
amount provided in section 231, are each reduced by
$283,000,000.
Amendment to H.R. 4205, as Reported
Offered by Ms. Schakowsky of Illinois
At the end of section 231 (page 39, after line 10), insert
the following new sentence: ``The amount provided in section
201(4), and the amount provided in the preceding sentence,
are each reduced by $283,000,000.''.
Amendment to H.R. 4205, as Reported
Offered by Mr. Skelton of Missouri
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 ``45''; and
(2) by adding at the end the following:
``(g) Calculation of 45-Day Period.--The 45-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 more than 3 days to a
day certain or 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.
Amendment to H.R. 4205, as Reported
Offered by Mr. Stark of California
At the end of title X (page 324, after line 11), insert the
following new section:
SEC. 10____. CODIFICATION AND EXTENSION OF LIMITATIONS ON
DEPARTMENT OF DEFENSE PARTICIPATION IN AND
SUPPORT FOR OVERSEAS AIR SHOWS AND TRADE
EXHIBITIONS.
(a) Codification and Strengthening of Limitations.--(1)
Chapter 152 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2555. Overseas airshows and trade exhibitions:
participation prohibited; limitations on support for
contractors
``(a) Prohibition on Military Participation.--The Secretary
of Defense and the Secretary of a military department may
not--
``(1) authorize the participation by the armed forces in an
airshow or trade exhibition held outside the United States
(other than the support authorized in subsection (b)); or
``(2) use the training or readiness requirements of the
armed forces in order to provide support indirectly for any
such airshow or trade exhibition.
``(b) Limitation on Support for Contractor Participation.--
The Secretary of Defense, and the Secretaries of the military
departments with respect to their respective departments,
may, upon the request of a business firm or industrial
association, provide support to that firm or association at
an airshow or trade exhibition to be held outside the United
States in the form of the display or demonstration of
military equipment if the firm or association agrees to
reimburse the United States for all incremental costs of the
Department of Defense for that support.
``(c) Incremental Costs.--Incremental costs for purposes of
subsection (b) are the following:
``(1) All incremental costs of military personnel
accompanying the equipment or assisting the firm or
association in the display or demonstration of the equipment,
including costs of food, lodging, and local transportation.
``(2) All incremental transportation costs incurred in
moving the equipment from its normally assigned location to
the airshow or trade exhibition and return.
``(3) Any other miscellaneous incremental cost (such as
insurance costs or ramp fees)
[[Page H3345]]
not covered by paragraph (1) or (2) that is incurred by the
United States but would not have been incurred had the
Department of Defense not provided support to the firm or
industrial association under subsection (b).''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``2555. Overseas airshows and trade exhibitions: participation
prohibited; limitations on support for contractors.''.
(b) Repeal of Existing Limitations.--Section 1082 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 10 U.S.C. 113 note) is repealed.
Amendment to H.R. 4205, as Reported
Offered by Mrs. Tauscher of California
At the end of title XII (page ____, after line ____),
insert the following new section:
SEC. ____. ADJUSTMENT OF CONGRESSIONAL REVIEW PERIOD FOR
CHANGE IN COMPOSITE THEORETICAL PERFORMANCE
LEVELS OF HIGH PERFORMANCE COMPUTERS SUBJECT TO
EXPORT CONTROLS.
(a) Reduction in Congressional Review Period.--Section
1211(d) of the National Defense Authorization Act for Fiscal
Year 1998 (50 U.S.C. app. 2404 note) is amended in the second
sentence by striking ``180'' and inserting ``30''.
(b) Effective Date.--The amendment 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 January 1, 2000.
Amendment to H.R. 4205, as Reported
Offered by Mr. Vitter of Louisiana, Mr. Tauzin of Louisiana, or Mr.
Jefferson of Louisiana
At the end of title II (page ____, after line ____), insert
the following new section:
SEC. ____. NAVY SINGLE INTEGRATED HUMAN RESOURCE STRATEGY.
Notwithstanding any other provision of this Act, of the
funds provided for Research, Development, Test, and
Evaluation, Navy, $10,792,000 shall be made available for the
Navy Single Integrated Human Resource Strategy, business
process re-engineering of Navy and Navy Reserve legacy
systems and software and technology interoperability and
reliability. These funds shall be made available by a
reduction of $10,792,000 in Program Element 0604231N,
Tactical Command System, Research, Development, Test, and
Evaluation, Navy.
____
Amendment to H.R. 4205, as Reported
Offered by Mr. Dicks of Washington
At the end of subtitle C of title I (page 27, after line
24), insert the following new section:
SEC. ____. WAIVER AUTHORITY FOR DISCONTINUATION OF PRODUCTION
OF D-5 MISSILE.
(a) Waiver Authority for D-5 Program Termination.--The
Secretary of Defense may waive the provisions of this Act
specified in subsection (b) upon submitting to the
congressional defense committees a certification in writing
that such a waiver is in the national security interests of
the United States.
(b) Provisions Subject to Waiver.--Subsection (a) applies
to provisions of this Act providing the following:
(1) That 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.
(2) That amounts appropriated for the Department of Defense
may be expended for the Trident II (D-5) missile program only
for 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.--The amount provided in section 102 for
weapons procurement for the Navy is hereby increased by
$472,900,000, to be available for procurement of Trident II
(D-5) missile only upon submission of a certification under
subsection (a).
Mr. SESSIONS. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. FROST. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
Pursuant to clause 9 of rule XX, the Chair will reduce to a minimum
of 5 minutes the period of time within which a vote by electronic
device, if ordered, will be taken on the question of agreeing to the
resolution.
The vote was taken by electronic device, and there were--yeas 226,
nays 200, not voting 8, as follows:
[Roll No. 200]
YEAS--226
Aderholt
Archer
Armey
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boyd
Brady (TX)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth-Hage
Coble
Coburn
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
Largent
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
Martinez
McCollum
McCrery
McHugh
McInnis
McIntosh
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
Radanovich
Ramstad
Regula
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
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 (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NAYS--200
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldacci
Baldwin
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Brady (PA)
Brown (FL)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Condit
Conyers
Costello
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
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
Obey
Olver
Ortiz
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
Slaughter
Smith (WA)
Snyder
Spratt
Stabenow
Stark
Stenholm
Strickland
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Turner
Udall (CO)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
[[Page H3346]]
Wexler
Weygand
Wise
Woolsey
Wu
Wynn
NOT VOTING--8
Campbell
Dixon
Oberstar
Owens
Pomeroy
Salmon
Stupak
Udall (NM)
{time} 1310
Mrs. CLAYTON changed her vote from ``aye'' to ``no.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. Burr of North Carolina). The question is
on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. FROST. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 254,
noes 169, not voting 11, as follows:
[Roll No. 201]
AYES--254
Aderholt
Archer
Armey
Baca
Bachus
Baker
Ballenger
Barcia
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Biggert
Bilbray
Bilirakis
Bishop
Bliley
Blunt
Boehlert
Boehner
Bonilla
Bono
Boyd
Brady (TX)
Brown (FL)
Bryant
Burr
Burton
Buyer
Callahan
Calvert
Camp
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth-Hage
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Cook
Cooksey
Costello
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
Frelinghuysen
Frost
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gillmor
Gilman
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutknecht
Hansen
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (MT)
Hilleary
Hobson
Hoekstra
Holden
Horn
Hostettler
Houghton
Hulshof
Hunter
Hutchinson
Hyde
Isakson
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Kanjorski
Kasich
Kelly
King (NY)
Kingston
Knollenberg
Kolbe
Kuykendall
LaHood
Lampson
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas (OK)
Maloney (CT)
Manzullo
Martinez
Mascara
McCollum
McCrery
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Miller, Gary
Mink
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nethercutt
Ney
Northup
Norwood
Nussle
Ose
Oxley
Packard
Pascrell
Pastor
Paul
Pease
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Porter
Portman
Pryce (OH)
Quinn
Radanovich
Ramstad
Regula
Reyes
Reynolds
Riley
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryan (WI)
Ryun (KS)
Sandlin
Sanford
Saxton
Scarborough
Schaffer
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Spence
Spratt
Stearns
Strickland
Stump
Sununu
Sweeney
Talent
Tancredo
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Thune
Tiahrt
Toomey
Traficant
Turner
Upton
Vitter
Walden
Walsh
Wamp
Watkins
Watts (OK)
Weldon (FL)
Weldon (PA)
Whitfield
Wicker
Wilson
Wolf
Young (AK)
Young (FL)
NOES--169
Abercrombie
Ackerman
Allen
Andrews
Baird
Baldacci
Baldwin
Barrett (WI)
Becerra
Bentsen
Berkley
Berman
Berry
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Boucher
Brady (PA)
Brown (OH)
Capps
Capuano
Cardin
Carson
Clay
Condit
Conyers
Coyne
Cramer
Crowley
Cummings
Danner
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley
Doyle
Edwards
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Forbes
Ford
Frank (MA)
Gejdenson
Gephardt
Gonzalez
Gutierrez
Hall (OH)
Hall (TX)
Hastings (FL)
Hill (IN)
Hilliard
Hinchey
Hinojosa
Hoeffel
Holt
Hooley
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
John
Johnson, E. B.
Jones (OH)
Kaptur
Kennedy
Kildee
Kilpatrick
Kind (WI)
Kleczka
Klink
Kucinich
LaFalce
Lantos
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Luther
Maloney (NY)
Markey
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Millender-McDonald
Miller, George
Minge
Moakley
Mollohan
Nadler
Napolitano
Neal
Obey
Olver
Ortiz
Pallone
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Rivers
Rodriguez
Roemer
Rothman
Roybal-Allard
Rush
Sabo
Sanchez
Sanders
Sawyer
Schakowsky
Scott
Serrano
Sherman
Shows
Skelton
Slaughter
Smith (WA)
Snyder
Stabenow
Stark
Stenholm
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Thurman
Tierney
Towns
Udall (CO)
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Weiner
Wexler
Weygand
Wise
Woolsey
Wu
NOT VOTING--11
Campbell
Dixon
Franks (NJ)
Jefferson
Oberstar
Owens
Salmon
Stupak
Udall (NM)
Weller
Wynn
{time} 1320
Mr. ORTIZ and Mr. HALL of Texas changed their vote from ``aye'' to
``no.''
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________