[Congressional Record Volume 146, Number 70 (Thursday, June 8, 2000)]
[Senate]
[Pages S4856-S4907]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                       CONRAD AMENDMENT NO. 3215

  (Ordered to lie on the table.)
  Mr. DASCHLE (for Mr. Conrad) submitted an amendment to be proposed by 
him to the bill (S. 3215) to authorize appropriations for fiscal year 
2001 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; as follows:

       On page 378, between lines 19 and 20, insert the following:

     SEC. 1027. STUDY AND REPORT ON USE OF EB-52 AIRCRAFT FOR 
                   PROVIDING ELECTRONIC COUNTERMEASURES.

       (a) Findings.--Congress makes the following findings:
       (1) Experience in Operation Allied Force demonstrates that 
     the Armed Forces lack sufficient assets for meeting the 
     requirements of the Armed Forces for airborne electronic 
     countermeasures.
       (2) The B-52H aircraft, because of its outstanding 
     reliability, range, payload capacity, and affordability, has 
     excellent potential to serve as a platform for electronic 
     countermeasures to supplement the other assets that the Armed 
     Forces have for providing electronic countermeasures.
       (b) Study Required.--The Secretary of Defense shall study--
       (1) the option of using B-52 aircraft not provided for in 
     the future-years defense program for fiscal year 2001 and 
     ensuing fiscal years for the performance of the mission of 
     jamming communications by means of electronic 
     countermeasures, including the issues involving necessary 
     modifications of the aircraft, costs, and operational 
     benefits; and
       (2) the options for, and implications of, funding the 
     modification and use of B-52 aircraft for the performance of 
     that mission from funds available for Department of Defense-
     wide use.
       (c) Report.--(1) The Secretary shall submit to Congress a 
     report on the study. The report shall include the following:
       (A) The Secretary's findings resulting from the study.
       (B) A strategy for providing for the procurement and 
     conversion activities necessary for using B-52 aircraft for 
     the performance of the mission of jamming communications by 
     means of electronic countermeasures.
       (2) The Secretary shall submit the report under paragraph 
     (1) at the same time that the President submits the budget 
     for fiscal year 2002 to Congress under section 1105(a) of 
     title 31, United States Code.
                                 ______
                                 

                 SNOWE (AND KENNEDY) AMENDMENT NO. 3216

  Mr. WARNER (for Ms. Snowe (for herself and Mr. Kennedy)) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 31, strike lines 16 through 18, and insert the 
     following:

     of the CVN--69 nuclear aircraft carrier.
       (c) Condition for Out-Year Contract Payments.--A contract 
     entered into under subsection (b) shall include a clause that 
     states that any obligation of the United States to make a 
     payment under the contract for a fiscal year after fiscal 
     year 2001 is subject to the availability of appropriations 
     for that purpose for that later fiscal year.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3217

  Mr. WARNER proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 364, between the matter following line 13 and line 
     14, insert the following:

     SEC. 1010. REPEAL OF CERTAIN PROVISIONS SHIFTING CERTAIN 
                   OUTLAYS FROM ONE FISCAL YEAR TO ANOTHER.

       Sections 305 and 306 of H.R. 3425 of the 106th Congress, as 
     enacted into law by section 1000(a)(5) of Public Law 106-113 
     (113 Stat. 1501A-306), are repealed.
                                 ______
                                 

                        ROBB AMENDMENT NO. 3218

  Mr. LEVIN (for Mr. Robb) proposed an amendment to the bill, S. 2549, 
supra; as follows:

       On page ____, between lines ____ and ____, insert the 
     following:

     SEC. . DEFENSE TRAVEL SYSTEM.

       (a) Requirement for Report.--Not later than November 30, 
     2000, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the Defense 
     Travel System.
       (b) Content of Report.--The report shall include the 
     following:
       (1) A detailed discussion of the development, testing, and 
     fielding of the system, including the performance 
     requirements, the evaluation criteria, the funding that has 
     been provided for the development, testing, and fielding of 
     the system, and the funding that is projected to be required 
     for completing the development, testing, and fielding of the 
     system.
       (2) The schedule that has been followed for the testing of 
     the system, including the initial operational test and 
     evaluation and the final operational testing and evaluation, 
     together with the results of the testing.
       (3) The cost savings expected to result from the deployment 
     of the system and from the completed implementation of the 
     system, together with a discussion of how the savings are 
     estimated and the expected schedule for the realization of 
     the savings.
       (4) An analysis of the costs and benefits of fielding the 
     front-end software for the system throughout all 18 
     geographical areas selected for the original fielding of the 
     system.
       (c) Limitations.--(1) Not more than 25 percent of the 
     amount authorized to be appropriated under section 301(5) for 
     the Defense Travel System may be obligated or expended before 
     the date on which the Secretary submits the report required 
     under subsection (a).
       (2) Funds appropriated for the Defense Travel System 
     pursuant to the authorization of appropriations referred to 
     in paragraph (1) may not be used for a purpose other than the 
     Defense Travel System unless the Secretary first submits to 
     Congress a written notification of the intended use and the 
     amount to be so used.
                                 ______
                                 

                  WARNER (AND ROBB) AMENDMENT NO. 3219

  Mr. WARNER (for himself and Mr. Robb) proposed an amendment to the 
bill, S. 2549, supra; as follows:

       On page 501, between lines 10 and 11, insert the following:

     SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1990 PROJECT.

       (a) Increase.--Section 2401(a) of the Military Construction 
     Authorization Act for Fiscal Years 1990 and 1991 (division B 
     of Public Law 101-189), as amended by section 2407 of the 
     Military Construction Authorization Act for Fiscal Year 1999 
     (division B of Public Law 105-261; 112 Stat. 2197), is 
     amended in the item relating to Portsmouth Naval Hospital, 
     Virginia, by striking ``$351,354,000'' and inserting 
     ``$359,854,000''.
       (b) Conforming Amendment.--Section 2405(b)(2) of the 
     Military Construction Authorization Act for Fiscal Years 1990 
     and

[[Page S4857]]

     1991, as amended by section 2407 of the Military Construction 
     Authorization Act for Fiscal Year 1999, is amended by 
     striking ``$342,854,000'' and inserting ``$351,354,000''.
       On page ____, between lines ____ and ____, insert the 
     following:

     SEC. . DEFENSE TRAVEL SYSTEM.

       (a) Requirement for Report.--Not later than November 30, 
     2000, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the Defense 
     Travel System.
       (b) Content of Report.--The report shall include the 
     following:
       (1) A detailed discussion of the development, testing, and 
     fielding of the system, including the performance 
     requirements, the evaluation criteria, the funding that has 
     been provided for the development, testing, and fielding of 
     the system, and the funding that is projected to be required 
     for completing the development, testing, and fielding of the 
     system.
       (2) The schedule that has been followed for the testing of 
     the system, including the initial operational test and 
     evaluation and the final operational testing and evaluation, 
     together with the results of the testing.
       (3) The cost savings expected to result from the deployment 
     of the system and from the completed implementation of the 
     system, together with a discussion of how the savings are 
     estimated and the expected schedule for the realization of 
     the savings.
       (4) An analysis of the costs and benefits of fielding the 
     front-end software for the system throughout all 18 
     geographical areas selected for the original fielding of the 
     system.
       (c) Limitations.--(1) Not more than 25 percent of the 
     amount authorized to be appropriated under section ____ for 
     the Defense Travel System may be obligated or expended before 
     the date on which the Secretary submits the report required 
     under subsection (a).
       (2) Funds appropriated for the Defense Travel System 
     pursuant to the authorization of appropriations referred to 
     in paragraph (1) may not be used for a purpose other than the 
     Defense Travel System unless the Secretary first submits to 
     Congress a written notification of the intended use and the 
     amount to be so used.
                                 ______
                                 

                    WARNER AMENDMENTS NOS. 3220-3225

  Mr. WARNER proposed six amendments to the bill, S. 2549, supra; as 
follows:

                           Amendment No. 3220

       On page 94, between lines 6 and 7, insert the following:
       (6) $7,975 for payment to the Texas Natural Resource 
     Conservation Commission of a cash fine for permit violations 
     assessed under the Solid Waste Disposal Act.
                                  ____


                           Amendment No. 3221

       On page 88, strike line 11 and all that follows through 
     page 92, line 19.
                                  ____


                           Amendment No. 3222

       On page 147, line 6, strike ``section 573(b)'' and insert 
     ``section 573(c)''.

       On page 303, strike line 10 and insert the following:

     SEC. 901. REPEAL OF LIMITATION ON MAJOR

       On page 358, beginning on line 11, strike ``Defense Finance 
     and Accounting System'' and insert ``Defense Finance and 
     Accounting Service''.
       On page 358, beginning on line 12, strike ``contract 
     administration service'' and insert ``contract administration 
     services system''.
       On page 359, line 5, strike ``Defense Finance and 
     Accounting System'' and insert ``Defense Finance and 
     Accounting Service''.
       On page 359, beginning on line 6, strike ``contract 
     administration service'' and insert ``contract administration 
     services system''.
       On page 359, beginning on line 9, strike ``Defense Finance 
     and Accounting System'' and insert ``Defense Finance and 
     Accounting Service''.
       On page 493, in the table following line 10, strike ``136 
     units'' in the purpose column in the item relating to 
     Mountain Home Air Force Base, Idaho, and insert ``119 
     units''.
                                  ____


                           Amendment No. 3223

       On page 584, line 13, strike ``3101(c)'' and insert 
     ``301(a)(1)(C)''.
                                  ____


                           Amendment No. 3224

       On page 565, strike lines 9 through 13.
                                  ____


                           Amendment No. 3225

       On page 554, line 25, strike ``$31,000,000.'' and insert 
     ``$20,000,000.''.
       On page 555, line 4, strike ``$15,000,000.'' and insert 
     ``$26,000,000.''.
                                 ______
                                 

                CLELAND (AND OTHERS) AMENDMENT NO. 3226

  Mr. LEVIN (for Mr. Cleland (for himself, Mr. Levin, Mr. Robb, Mr. 
Reed, Mr. Warner, Mr. McCain, Mr. Abraham, and Mr. Jeffords)) proposed 
an amendment to the bill, S. 2549, supra; as follows:

       At the end of title VI, add the following new subtitle:

                     Subtitle F--Education Benefits

     SEC. 671. SHORT TITLE.

       This subtitle may be cited as the ``Helping Our 
     Professionals Educationally (HOPE) Act of 2000''.

     SEC. 672. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE 
                   BY CERTAIN MEMBERS OF THE ARMED FORCES.

       (a) Authority To Transfer to Family Members.--(1) 
     Subchapter II of chapter 30 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 3020. Transfer of entitlement to basic educational 
       assistance: members of the Armed Forces

       ``(a)(1) Subject to the provisions of this section, the 
     Secretary of each military department may, for the purpose of 
     enhancing recruiting and retention and at such Secretary's 
     sole discretion, permit an individual described in paragraph 
     (2) who is entitled to basic educational assistance under 
     this subchapter to elect to transfer such individual's 
     entitlement to such assistance, in whole or in part, to the 
     dependents specified in subsection (b).
       ``(2) An individual referred to in paragraph (1) is any 
     individual who is a member of the Armed Forces at the time of 
     the approval by the Secretary of the military department 
     concerned of the individual's request to transfer entitlement 
     to educational assistance under this section.
       ``(3) The Secretary of the military department concerned 
     may not approve an individual's request to transfer 
     entitlement to educational assistance under this section 
     until the individual has completed six years of service in 
     the Armed Forces.
       ``(4) Subject to the time limitation for use of entitlement 
     under section 3031 of this title, an individual approved to 
     transfer entitlement to educational assistance under this 
     section may transfer such entitlement at any time after the 
     approval of individual's request to transfer such entitlement 
     without regard to whether the individual is a member of the 
     Armed Forces when the transfer is executed.
       ``(b) An individual approved to transfer an entitlement to 
     basic educational assistance under this section may transfer 
     the individual's entitlement to such assistance as follows:
       ``(1) To the individual's spouse.
       ``(2) To one or more of the individual's children.
       ``(3) To a combination of the individuals referred to in 
     paragraphs (1) and (2).
       ``(c)(1) An individual transferring an entitlement to basic 
     educational assistance under this section shall--
       ``(A) designate the dependent or dependents to whom such 
     entitlement is being transferred and the percentage of such 
     entitlement to be transferred to each such dependent; and
       ``(B) specify the period for which the transfer shall be 
     effective for each dependent designated under subparagraph 
     (A).
       ``(2) The aggregate amount of the entitlement transferable 
     by an individual under this section may not exceed the 
     aggregate amount of the entitlement of such individual to 
     basic educational assistance under this subchapter.
       ``(3) An individual transferring an entitlement under this 
     section may modify or revoke the transfer at any time before 
     the use of the transferred entitlement begins. An individual 
     shall make the modification or revocation by submitting 
     written notice of the action to the Secretary of the military 
     department concerned.
       ``(d)(1) A dependent to whom entitlement to educational 
     assistance is transferred under this section may not commence 
     the use of the transferred entitlement until the completion 
     by the individual making the transfer of 10 years of service 
     in the Armed Forces.
       ``(2) The use of any entitlement transferred under this 
     section shall be charged against the entitlement of the 
     individual making the transfer at the rate of one month for 
     each month of transferred entitlement that is used.
       ``(3) Except as provided in under subsection (c)(1)(B) and 
     subject to paragraphs (4) and (5), a dependent to whom 
     entitlement is transferred under this section is entitled to 
     basic educational assistance under this subchapter in the 
     same manner and at the same rate as the individual from whom 
     the entitlement was transferred.
       ``(4) Notwithstanding section 3031 of this title, a child 
     to whom entitlement is transferred under this section may not 
     use any entitlement so transferred after attaining the age of 
     26 years.
       ``(5) The administrative provisions of this chapter 
     (including the provisions set forth in section 3034(a)(1) of 
     this title) shall apply to the use of entitlement transferred 
     under this section, except that the dependent to whom the 
     entitlement is transferred shall be treated as the eligible 
     veteran for purposes of such provisions.
       ``(e) In the event of an overpayment of basic educational 
     assistance with respect to a dependent to whom entitlement is 
     transferred under this section, the dependent and the 
     individual making the transfer shall be jointly and severally 
     liable to the United States for the amount of the overpayment 
     for purposes of section 3685 of this title.
       ``(f) The Secretary of a military department may approve 
     transfers of entitlement to educational assistance under this 
     section in a fiscal year only to the extent that 
     appropriations for military personnel are available in the 
     fiscal year for purposes of making transfers of funds under 
     section 2006 of title 10 with respect to such transfers of 
     entitlement.

[[Page S4858]]

       ``(g) The Secretary of Defense shall prescribe regulations 
     for purposes of this section. Such regulations shall specify 
     the manner and effect of an election to modify or revoke a 
     transfer of entitlement under subsection (c)(3) and shall 
     specify the manner of the applicability of the administrative 
     provisions referred to in subsection (d)(5) to a dependent to 
     whom entitlement is transferred under this section.
       ``(h)(1) Not later than January 31, 2002, and each year 
     thereafter, each Secretary of a military department shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report on the transfers of 
     entitlement under this section that were approved by such 
     Secretary during the preceding year.
       ``(2) Each report shall set forth--
       ``(A) the number of transfers of entitlement under this 
     section that were approved by such Secretary during the 
     preceding year; or
       ``(B) if no transfers of entitlement under this section 
     were approved by such Secretary during that year, a 
     justification for such Secretary's decision not to approve 
     any such transfers of entitlement during that year.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     3019 the following new item:

``3020. Transfer of entitlement to basic educational assistance: 
              members of the Armed Forces.''.

       (b) Treatment under Department of Defense Education 
     Benefits Fund.--Section 2006(b)(2) of title 10, United States 
     Code, is amended by adding at the end the following:
       ``(D) The present value of the future benefits payable from 
     the Fund as a result of transfers under section 3020 of title 
     38 of entitlement to basic educational assistance under 
     chapter 30 of title 38.''
       (c) Plan for Implementation.--Not later than June 30, 2001, 
     the Secretary of Defense shall submit to Congress a report 
     describing the manner in which the Secretaries of the 
     military departments propose to exercise the authority 
     granted by section 3020 of title 38, United States Code, as 
     added by subsection (a).

     SEC. 673. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED 
                   FORCES IN MONTGOMERY GI BILL PROGRAM.

       (a) Participation Authorized.--(1) Subchapter II of chapter 
     30 of title 38, United States Code, as amended by section 
     672(a) of this Act, is further amended by inserting after 
     section 3018C the following new section:

     ``Sec. 3018D. Opportunity to enroll: certain VEAP 
       participants; active duty personnel not previously enrolled

       ``(a)(1) Notwithstanding any other provision of law and 
     subject to the provisions of this section, the Secretary 
     concerned may, for the purpose of enhancing recruiting and 
     retention and at such Secretary's sole discretion, permit an 
     individual described in subsection (b) to elect under 
     subsection (c) to become entitled to basic educational 
     assistance under this chapter.
       ``(2) The Secretary concerned may permit an individual to 
     elect to become entitled to basic educational assistance 
     under this section only if sufficient funds are available in 
     accordance with this section for purposes of payments by the 
     Secretary of Defense into the Department of Defense Education 
     Benefits Fund under section 2006 of title 10 with respect to 
     such election.
       ``(3) An individual who makes an election to become 
     entitled to basic educational assistance under this section 
     shall be entitled to basic educational assistance under this 
     chapter.
       ``(b) An individual eligible to be permitted to make an 
     election under this section is an individual who--
       ``(1) either--
       ``(A)(i) is a participant on the date of the enactment of 
     this section in the educational benefits program provided by 
     chapter 32 of this title; or
       ``(ii) disenrolled from participation in that program 
     before that date; or
       ``(B) has made an election under section 3011(c)(1) or 
     3012(d)(1) of this title not to receive educational 
     assistance under this chapter and has not withdrawn that 
     election under section 3018(a) of this title as of that date;
       ``(2) is serving on active duty (excluding periods referred 
     to in section 3202(1)(C) of this title in the case of an 
     individual described in paragraph (1)(A)) on that date; and
       ``(3) before applying for benefits under this section, has 
     completed the requirements of a secondary school diploma (or 
     equivalency certificate) or has successfully completed the 
     equivalent of 12 semester hours in a program of education 
     leading to a standard college degree.
       ``(c) An individual permitted to make an election under 
     this section to become entitled to basic educational 
     assistance under this chapter shall make an irrevocable 
     election to receive benefits under this section in lieu of 
     benefits under chapter 32 of this title or withdraw the 
     election made under section 3011(c)(1) or 3012(d)(1) of this 
     title, as the case may be, pursuant to procedures which the 
     Secretary of each military department shall provide in 
     accordance with regulations prescribed by the Secretary of 
     Defense for the purpose of carrying out this section or which 
     the Secretary of Transportation shall provide for such 
     purpose with respect to the Coast Guard when it is not 
     operating as a service in the Navy.
       ``(d)(1) Except as provided in paragraphs (2) and (3), in 
     the case of an individual who makes an election under this 
     section to become entitled to basic educational assistance 
     under this chapter, the basic pay of the individual shall be 
     reduced (in a manner determined by the Secretary of Defense) 
     until the total amount by which such basic pay is reduced 
     is--
       ``(A) $1,200, in the case of an individual described in 
     subsection (b)(1)(A); or
       ``(B) $1,500, in the case of an individual described in 
     subsection (b)(1)(B).
       ``(2) In the case of an individual previously enrolled in 
     the educational benefits program provided by chapter 32 of 
     this title, the total amount of the reduction in basic pay 
     otherwise required by paragraph (1) shall be reduced by an 
     amount equal to so much of the unused contributions made by 
     the individual to the Post-Vietnam Era Veterans Education 
     Account under section 3222(a) of this title as do not exceed 
     $1,200.
       ``(3) An individual may at any time pay the Secretary 
     concerned an amount equal to the difference between the total 
     of the reductions otherwise required with respect to the 
     individual under this subsection and the total amount of the 
     reductions made with respect to the individual under this 
     subsection as of the time of the payment.
       ``(4) The Secretary concerned shall transfer to the 
     Secretary of Defense amounts retained with respect to 
     individuals under paragraph (1) and amounts, if any, paid by 
     individuals under paragraph (3).
       ``(e)(1) An individual who is enrolled in the educational 
     benefits program provided by chapter 32 of this title and who 
     makes the election described in subsection (c) shall be 
     disenrolled from the program as of the date of such election.
       ``(2) For each individual who is disenrolled from such 
     program, the Secretary shall transfer to Secretary of Defense 
     any amounts in the Post-Vietnam Era Veterans Education 
     Account that are attributable to the individual, including 
     amounts in the Account that are attributable to the 
     individual by reason of contributions made by the Secretary 
     of Defense under section 3222(c) of this title.
       ``(f) With respect to each individual electing under this 
     section to become entitled to basic educational assistance 
     under this chapter, the Secretary concerned shall transfer to 
     the Secretary of Defense, from appropriations for military 
     personnel that are available for transfer, an amount equal to 
     the difference between--
       ``(1) the amount required to be paid by the Secretary of 
     Defense into the Department of Defense Education Benefits 
     Fund with respect to such election; and
       ``(2) the aggregate amount transferred to the Secretary of 
     Defense with respect to the individual under subsections (d) 
     and (e).
       ``(g) The Secretary of Defense shall utilize amounts 
     transferred to such Secretary under this section for purposes 
     of payments into the Department of Defense Education Benefits 
     Fund with respect to the provision of benefits under this 
     chapter for individuals making elections under this section.
       ``(h)(1) The requirements of sections 3011(a)(3) and 
     3012(a)(3) of this title shall apply to an individual who 
     makes an election under this section, except that the 
     completion of service referred to in such section shall be 
     the completion of the period of active duty being served by 
     the individual on the date of the enactment of this section.
       ``(2) The procedures provided in regulations referred to in 
     subsection (c) shall provide for notice of the requirements 
     of subparagraphs (B), (C), and (D) of section 3011(a)(3) of 
     this title and of subparagraphs (B), (C), and (D) of section 
     3012(a)(3) of this title. Receipt of such notice shall be 
     acknowledged in writing.
       ``(i)(1) Not later than January 31, 2002, and each year 
     thereafter, each Secretary concerned shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the members of the Armed Forces 
     under the jurisdiction of such Secretary who were permitted 
     to elect to become entitled to basic educational assistance 
     under this section during the preceding year.
       ``(2) Each report shall set forth--
       ``(A) the number of members who were permitted to elect to 
     become entitled to basic educational assistance under this 
     section during the preceding year;
       ``(B) the number of members so permitted who elected to 
     become entitled to basic educational assistance during that 
     year; and
       ``(C) if no members were so permitted during that year, a 
     justification for such Secretary's decision not to permit any 
     members to elect to become so entitled during that year.''.
       (2) The table of sections at the beginning of chapter 30 of 
     that title, as amended by section 672(a) of this Act, is 
     further amended by inserting after the item relating to 
     section 3018C the following new item:

``3018D. Opportunity to enroll: certain VEAP participants; active duty 
              personnel not previously enrolled.''.

       (b) Conforming Amendment.--Section 3015(f) of that title is 
     amended by striking ``or 3018C'' and inserting ``3018C, or 
     3018D''.
       (c) Treatment under Department of Defense Education 
     Benefits Fund.--Section 2006(b)(2) of title 10, United States 
     Code, as amended by section 672(b) of this Act, is further 
     amended by adding at the end the following:
       ``(E) The present value of the future benefits payable from 
     the Fund as a result of elections under section 3018D of 
     title 38 of entitlement to basic educational assistance under 
     chapter 30 of title 38.''.

[[Page S4859]]

       (d) Plans for Implementation.--(1) Not later than June 30, 
     2001, the Secretary of Defense shall submit to Congress a 
     report describing the manner in which the Secretaries of the 
     military departments propose to exercise the authority 
     granted by section 3018A of title 38, United States Code, as 
     added by subsection (a).
       (2) Not later than June 30, 2001, the Secretary of 
     Transportation shall submit to Congress a report describing 
     the manner in which that Secretary proposes to exercise the 
     authority granted by such section 3018A with respect to 
     members of the Coast Guard.

     SEC. 674. MODIFICATION OF AUTHORITY TO PAY TUITION FOR OFF-
                   DUTY TRAINING AND EDUCATION.

       (a) Authority To Pay All Charges.--Section 2007 of title 
     10, United States Code, is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following new subsections:
       ``(a) Subject to subsection (b), the Secretary of a 
     military department may pay all or a portion of the charges 
     of an educational institution for the tuition or expenses of 
     a member of the armed forces enrolled in such educational 
     institution for education or training during the member's 
     off-duty periods.
       ``(b) In the case of a commissioned officer on active duty, 
     the Secretary of the military department concerned may not 
     pay charges under subsection (a) unless the officer agrees to 
     remain on active duty for a period of at least two years 
     after the completion of the training or education for which 
     the charges are paid.''; and
       (2) in subsection (d)--
       (A) by striking ``(within the limits set forth in 
     subsection (a))'' in the matter preceding paragraph (1); and
       (B) in paragraph (3), by striking ``subsection (a)(3)'' and 
     inserting ``subsection (b)''.
       (b) Use of Entitlement to Assistance under Montgomery GI 
     Bill for Payment of Charges.--(1) That section is further 
     amended by adding at the end the following new subsection:
       ``(e)(1) A member of the armed forces who is entitled to 
     basic educational assistance under chapter 30 of title 38 may 
     use such entitlement for purposes of paying any portion of 
     the charges described in subsection (a) or (c) that are not 
     paid for by the Secretary of the military department 
     concerned under such subsection.
       ``(2) The use of entitlement under paragraph (1) shall be 
     governed by the provisions of section 3014(b) of title 38.''.
       (2) Section 3014 of title 38, United States Code, is 
     amended--
       (A) by inserting ``(a)'' before ``The Secretary''; and
       (B) by adding at the end the following new subsection:
       ``(b)(1) In the case of an individual entitled to basic 
     educational assistance who is pursuing education or training 
     described in subsection (a) or (c) of section 2007 of title 
     10, the Secretary shall, at the election of the individual, 
     pay the individual a basic educational assistance allowance 
     to meet all or a portion of the charges of the educational 
     institution for the education or training that are not paid 
     by the Secretary of the military department concerned under 
     such subsection.
       ``(2)(A) The amount of the basic educational assistance 
     allowance payable to an individual under this subsection for 
     a month shall be the amount of the basic educational 
     assistance allowance to which the individual would be 
     entitled for the month under section 3015 of this title 
     (without regard to subsection (g) of that section) were 
     payment made under that section instead of under this 
     subsection.
       ``(B) The maximum number of months for which an individual 
     may be paid a basic educational assistance allowance under 
     paragraph (1) is 36.''.
       (3) Section 3015 of title 38, United States Code, is 
     amended--
       (A) by striking ``subsection (g)'' each place it appears in 
     subsections (a) and (b);
       (B) by redesignating subsection (g) as subsection (h); and
       (C) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) In the case of an individual who has been paid a 
     basic educational assistance allowance under section 3014(b) 
     of this title, the rate of the basic educational assistance 
     allowance applicable to the individual under this section 
     shall be the rate otherwise applicable to the individual 
     under this section reduced by an amount equal to--
       ``(1) the aggregate amount of such allowances paid the 
     individual under such section 3014(b); divided by
       ``(2) 36.''.

     SEC. 675. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   SELECTED RESERVE OF ENTITLEMENT TO CERTAIN 
                   EDUCATIONAL ASSISTANCE.

       Section 16133(b) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(5)(A) In the case of a person who continues to serve as 
     member of the Selected Reserve as of the end of the 10-year 
     period applicable to the person under subsection (a), as 
     extended, if at all, under paragraph (4), the period during 
     which the person may use the person's entitlement shall 
     expire at the end of the 5-year period beginning on the date 
     the person is separated from the Selected Reserve.
       ``(B) The provisions of paragraph (4) shall apply with 
     respect to any period of active duty of a person referred to 
     in subparagraph (A) during the 5-year period referred to in 
     that subparagraph.''.
                                 ______
                                 

                KENNEDY (AND CLELAND) AMENDMENT NO. 3227

  Mr. LEVIN (for Mr. Kennedy (for himself and Mr. Cleland)) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 186, strike lines 1 through 9, and insert the 
     following:
       (c) Effective Dates.--(1) The amendment made by subsection 
     (a) shall take effect on July 1, 2002.
       (2) The amendments made by subsection (b)
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3228

  Mr. WARNER (for Mr. McCain (for himself, Mr. Warner, and Mr. Levin)) 
proposed and amendment to the bill, S. 2549, supra; as follows:

       On page 236, between lines 6 and 7, insert the following:

     SEC. 646. POLICY ON INCREASING MINIMUM SURVIVOR BENEFIT PLAN 
                   BASIC ANNUITIES FOR SURVIVING SPOUSES AGE 62 OR 
                   OLDER.

       It is the sense of Congress that there should be enacted 
     during the 106th Congress legislation that increases the 
     minimum basic annuities provided under the Survivor Benefit 
     Plan for surviving spouses of members of the uniformed 
     services who are 62 years of age or older.

     SEC. 647. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVORS OF 
                   ALL MEMBERS WHO DIE ON ACTIVE DUTY.

       (a) Entitlement.--(1) Subsection (d)(1) of section 1448 of 
     title 10, United States Code, is amended to read as follows:
       ``(1) Surviving spouse annuity.--The Secretary concerned 
     shall pay an annuity under this subchapter to the surviving 
     spouse of--
       ``(A) a member who dies on active duty after--
       ``(i) becoming eligible to receive retired pay;
       ``(ii) qualifying for retired pay except that he has not 
     applied for or been granted that pay; or
       ``(iii) completing 20 years of active service but before he 
     is eligible to retire as a commissioned officer because he 
     has not completed 10 years of active commissioned service; or
       ``(B) a member not described in subparagraph (A) who dies 
     on active duty, except in the case of a member whose death, 
     as determined by the Secretary concerned--
       ``(i) is a direct result of the member's intentional 
     misconduct or willful neglect; or
       ``(ii) occurs during a period of unauthorized absence.''.
       (2) The heading for subsection (d) of such section is 
     amended by striking ``retirement-eligible''.
       (b) Amount of Annuity.--Section 1451(c)(1) of such title is 
     amended to read as follows:
       ``(1) In general.--In the case of an annuity provided under 
     section 1448(d) or 1448(f) of this title, the amount of the 
     annuity shall be determined as follows:
       ``(A) Beneficiary under 62 years of age.--If the person 
     receiving the annuity is under 62 years of age or is a 
     dependent child when the member or former member dies, the 
     monthly annuity shall be the amount equal to 55 percent of 
     the retired pay imputed to the member or former member. The 
     retired pay imputed to a member or former member is as 
     follows:

[[Page S4860]]

       ``(i) Except in a case described in clause (ii), the 
     retired pay to which the member or former member would have 
     been entitled if the member or former member had been 
     entitled to that pay based upon his years of active service 
     when he died.
       ``(ii) In the case of a deceased member referred to in 
     subparagraph (A)(iii) or (B) of section 1448(d)(1) of this 
     title, the retired pay to which the member or former member 
     would have been entitled if the member had been entitled to 
     that pay based upon a retirement under section 1201 of this 
     title (if on active duty for more than 30 days when the 
     member died) or section 1204 of this title (if on active duty 
     for 30 days or less when the member died) for a disability 
     rated as total.
       ``(B) Beneficiary 62 years of age or older.--
       ``(i) General rule.--If the person receiving the annuity 
     (other than a dependent child) is 62 years of age or older 
     when the member or former member dies, the monthly annuity 
     shall be the amount equal to 35 percent of the retired pay 
     imputed to the member or former member as described in clause 
     (i) or (ii) of the second sentence of subparagraph (A).
       ``(ii) Rule if beneficiary eligible for social security 
     offset computation.--If the beneficiary is eligible to have 
     the annuity computed under subsection (e) and if, at the time 
     the beneficiary becomes entitled to the annuity, computation 
     of the annuity under that subsection is more favorable to the 
     beneficiary than computation under clause (i), the annuity 
     shall be computed under that subsection rather than under 
     clause (i).''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000, and 
     shall apply with respect to deaths occurring on or after that 
     date.

     SEC. 648. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Insurable Dependents.--Section 1965 of title 38, United 
     States Code, is amended by adding at the end the following:
       ``(10) The term `insurable dependent', with respect to a 
     member, means the following:
       ``(A) The member's spouse.
       ``(B) A child of the member for so long as the child is 
     unmarried and the member is providing over 50 percent of the 
     support of the child.''.
       (b) Insurance Coverage.--(1) Subsection (a) of section 1967 
     of title 38, United States Code, is amended to read as 
     follows:
       ``(a)(1) Subject to an election under paragraph (2), any 
     policy of insurance purchased by the Secretary under section 
     1966 of this title shall automatically insure the following 
     persons against death:
       ``(A) In the case of any member of a uniformed service on 
     active duty (other than active duty for training)--
       ``(i) the member; and
       ``(ii) each insurable dependent of the member.
       ``(B) Any member of a uniformed service on active duty for 
     training or inactive duty training scheduled in advance by 
     competent authority.
       ``(C) Any member of the Ready Reserve of a uniformed 
     service who meets the qualifications set forth in section 
     1965(5)(B) of this title.
       ``(2)(A) A member may elect in writing not to be insured 
     under this subchapter.
       ``(B) A member referred to in subparagraph (A) may also 
     make either or both of the following elections in writing:
       ``(i) An election not to insure a dependent spouse under 
     this subchapter.
       ``(ii) An election to insure none of the member's children 
     under this subchapter.
       ``(3)(A) Subject to an election under subparagraph (B), the 
     amount for which a person is insured under this subchapter is 
     as follows:
       ``(i) In the case of a member, $200,000.
       ``(ii) In the case of a member's spouse, the amount equal 
     to 50 percent of the amount for which the member is insured 
     under this subchapter.
       ``(iii) In the case of a member's child, $10,000.
       ``(B) A member may elect in writing to be insured or to 
     insure an insurable dependent in an amount less than the 
     amount provided under subparagraph (A). The amount of 
     insurance so elected shall, in the case of a member or 
     spouse, be evenly divisible by $10,000 and, in the case of a 
     child, be evenly divisible by $5,000.
       ``(4) No dependent of a member is insured under this 
     chapter unless the member is insured under this subchapter.
       ``(5) The insurance shall be effective with respect to a 
     member and the member's dependents on the first day of active 
     duty or active duty for training, or the beginning of a 
     period of inactive duty training scheduled in advance by 
     competent authority, or the first day a member of the Ready 
     Reserve meets the qualifications set forth in section 
     1965(5)(B) of this title, or the date certified by the 
     Secretary to the Secretary concerned as the date 
     Servicemembers' Group Life Insurance under this subchapter 
     for the class or group concerned takes effect, whichever is 
     the later date.''.
       (2) Subsection (c) of such section is amended by striking 
     out the first sentence and inserting the following: ``If a 
     person eligible for insurance under this subchapter is not so 
     insured, or is insured for less than the maximum amount 
     provided for the person under subparagraph (A) of subsection 
     (a)(3), by reason of an election made by a member under 
     subparagraph (B) of that subsection, the person may 
     thereafter be insured under this subchapter in the maximum 
     amount or any lesser amount elected as provided in such 
     subparagraph (B) upon written application by the member, 
     proof of good health of each person to be so insured, and 
     compliance with such other terms and conditions as may be 
     prescribed by the Secretary.''.
       (c) Termination of Coverage.--(1) Subsection (a) of section 
     1968 of such title is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``and any insurance thereunder on any insurable dependent of 
     such a member,'' after `` any insurance thereunder on any 
     member of the uniformed services,'';
       (B) by striking ``and'' at the end of paragraph (3);
       (C) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(5) with respect to an insurable dependent of the 
     member--
       ``(A) upon election made in writing by the member to 
     terminate the coverage; or
       ``(B) on the earlier of--
       ``(i) the date of the member's death;
       ``(ii) the date of termination of the insurance on the 
     member's life under this subchapter;
       ``(iii) the date of the dependent's death; or
       ``(iv) the termination of the dependent's status as an 
     insurable dependent of the member.
       (2) Subsection (b)(1)(A) of such section is amended by 
     inserting ``(to insure against death of the member only)'' 
     after ``converted to Veterans' Group Life Insurance''.
       (d) Premiums.--Section 1969 of such title is amended by 
     adding at the end the following:
       ``(g)(1) During any period in which any insurable dependent 
     of a member is insured under this subchapter, there shall be 
     deducted each month from the member's basic or other pay 
     until separation or release from active duty an amount 
     determined by the Secretary (which shall be the same for all 
     such members) as the premium allocable to the pay period for 
     providing that insurance coverage.
       ``(2)(A) The Secretary shall determine the premium amounts 
     to be charged for life insurance coverage for dependents of 
     members under this subchapter.
       ``(B) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(C) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary in advance of that policy year.
       ``(h) Any overpayment of a premium for insurance coverage 
     for an insurable dependent of a member that is terminated 
     under section 1968(a)(5) of this title shall be refunded to 
     the member.''.
       (e) Payments of Insurance Proceeds.--Section 1970 of such 
     title is amended by adding at the end the following:
       ``(h) Any amount of insurance in force on an insurable 
     dependent of a member under this subchapter on the date of 
     the dependent's death shall be paid, upon the establishment 
     of a valid claim therefor, to the member or, in the event of 
     the member's death before payment to the member can be made, 
     then to the person or persons entitled to receive payment of 
     the proceeds of insurance on the member' life under this 
     subchapter.''.
       (f) Effective Date and Initial Implementation.--(1) This 
     section and the amendments made by this section shall take 
     effect on the first day of the first month that begins more 
     than 120 days after the date of the enactment of this Act, 
     except that paragraph (2) shall take effect on the date of 
     the enactment of this Act.
       (2) The Secretary of Veterans Affairs, in consultation with 
     the Secretaries of the military departments, the Secretary of 
     Transportation, the Secretary of Commerce and the Secretary 
     of Health and Human Services, shall take such action as is 
     necessary to ensure that each member of the uniformed 
     services on active duty (other than active duty for training) 
     during the period between the date of the enactment of this 
     Act and the effective date determined under paragraph (1) is 
     furnished an explanation of the insurance benefits available 
     for dependents under the amendments made by this section and 
     is afforded an opportunity before such effective date to make 
     elections that are authorized under those amendments to be 
     made with respect to dependents.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3229

  Mr. WARNER (for Mr. McCain (for himself and Mr. Warner)) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 206, between lines 15 and 16, insert the following:

     SEC. 610. RESTRUCTURING OF BASIC PAY TABLES FOR CERTAIN 
                   ENLISTED MEMBERS.

       (a) In General.--The table under the heading ``ENLISTED 
     MEMBERS'' in section 601(c) of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 105-65; 
     113 Stat. 648) is amended by striking the amounts relating to 
     pay grades E-7, E-6, and E-5 and inserting the amounts for 
     the corresponding years of service specified in the following 
     table:
       

[[Page S4861]]



                                                ENLISTED MEMBERS
                   Years of service computed under section 205 of title 37, United States Code
----------------------------------------------------------------------------------------------------------------
                        Pay Grade                          2 or less    Over 2     Over 3     Over 4     Over 6
----------------------------------------------------------------------------------------------------------------
E-7......................................................   1,765.80   1,927.80   2,001.00   2,073.00   2,148.60
E-6......................................................   1,518.90   1,678.20   1,752.60   1,824.30   1,899.40
E-5......................................................   1,332.60   1,494.00   1,566.00   1,640.40   1,715.70
                                                          ------------------------------------------------------
                                                             Over 8    Over 10    Over 12    Over 14    Over 16
                                                          ------------------------------------------------------
E-7......................................................   2,277.80   2,350.70   2,423.20   2,495.90   2,570.90
E-6......................................................   2,022.60   2,096.40   2,168.60   2,241.90   2,294.80
E-5......................................................   1,821.00   1,893.00   1,967.10   1,967.60   1,967.60
                                                          ------------------------------------------------------
                                                            Over 18    Over 20    Over 22    Over 24    Over 26
                                                          ------------------------------------------------------
E-7......................................................   2,644.20   2,717.50   2,844.40   2,926.40   3,134.40
E-6......................................................   2,332.00   2,332.00   2,335.00   2,335.00   2,335.00
E-5......................................................   1,967.60   1,967.60   1,967.60   1,967.60   1,967.60
----------------------------------------------------------------------------------------------------------------

       (b) Application of Amendments.--The amendments made by 
     subsection (a) shall take effect as of October 1, 2000, and 
     shall apply with respect to months beginning on or after that 
     date.
                                 ______
                                 

                 GRAMS (AND OTHERS) AMENDMENT NO. 3230

  Mr. WARNER (for Mr. Grams (for himself, Mr. McCain, Mr. Sessions, Mr. 
Allard, Mr. Ashcroft, and Mr. Levin)) proposed an amendment to the 
bill, S. 2549, supra; as follows:

       On page 239, after line 22, add the following:

   Subtitle F--Additional Benefits For Reserves and Their Dependents

     SEC. 671. SENSE OF CONGRESS.

       It is the sense of Congress that it is in the national 
     interest for the President to provide the funds for the 
     reserve components of the Armed Forces (including the 
     National Guard and Reserves) that are sufficient to ensure 
     that the reserve components meet the requirements specified 
     for the reserve components in the National Military Strategy, 
     including training requirements.

     SEC. 672. TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

       (a) Space-Required Travel for Travel to Duty Stations 
     INCONUS and OCONUS.--(1) Subsection (a) of section 18505 of 
     title 10, United States Code, is amended to read as follows:
       ``(a) A member of a reserve component traveling to a place 
     of annual training duty or inactive-duty training (including 
     a place other than the member's unit training assembly if the 
     member is performing annual training duty or inactive-duty 
     training in another location) may travel in a space-required 
     status on aircraft of the armed forces between the member's 
     home and the place of such duty or training.''.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 18505. Reserves traveling to annual training duty or 
       inactive-duty training: authority for space-required 
       travel''.

       (b) Space-Available Travel for Members of Selected Reserve, 
     Gray Area Retirees, and Dependents.--Chapter 1805 of such 
     title is amended by adding at the end the following new 
     section:

     ``Sec. 18506. Space-available travel: Selected Reserve 
       members and reserve retirees under age 60; dependents

       ``(a) Eligibility for Space-Available Travel.--The 
     Secretary of Defense shall prescribe regulations to allow 
     persons described in subsection (b) to receive transportation 
     on aircraft of the Department of Defense on a space-available 
     basis under the same terms and conditions (including terms 
     and conditions applicable to travel outside the United 
     States) as apply to members of the armed forces entitled to 
     retired pay.
       ``(b) Persons Eligible.--Subsection (a) applies to the 
     following persons:
       ``(1) A person who is a member of the Selected Reserve in 
     good standing (as determined by the Secretary concerned) or 
     who is a participating member of the Individual Ready Reserve 
     of the Navy or Coast Guard in good standing (as determined by 
     the Secretary concerned).
       ``(c) Dependents.--A dependent of a person described in 
     subsection (b) shall be provided transportation under this 
     section on the same basis as dependents of members of the 
     armed forces entitled to retired pay.
       ``(d) Limitation on Required Identification.--Neither the 
     `Authentication of Reserve Status for Travel Eligibility' 
     form (DD Form 1853), nor or any other form, other than the 
     presentation of military identification and duty orders upon 
     request, or other methods of identification required of 
     active duty personnel, shall be required of reserve component 
     personnel using space-available transportation within or 
     outside the continental United States under this section.''.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of such chapter is amended by striking the item 
     relating to section 18505 and inserting the following new 
     items:

``18505. Reserves traveling to annual training duty or inactive-duty 
              training: authority for space-required travel.
``18506. Space-available travel: Selected Reserve members and reserve 
              retirees under age 60; dependents.''.
       (d) Implementing Regulations.--Regulations under section 
     18506 of title 10, United States Code, as added by subsection 
     (b), shall be prescribed not later than 180 days after the 
     date of the enactment of this Act.

     SEC. 673. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING 
                   FOR INACTIVE DUTY TRAINING.

       (a) In General.--(1) Chapter 1217 of title 10, United 
     States Code, is amended by inserting after section 12603 the 
     following new section:

     ``Sec. 12604. Billeting in Department of Defense facilities: 
       Reserves attending inactive-duty training

       ``(a) Authority for Billeting on Same Basis as Active Duty 
     Members Traveling Under Orders.--The Secretary of Defense 
     shall prescribe regulations authorizing a Reserve traveling 
     to inactive-duty training at a location more than 50 miles 
     from that Reserve's residence to be eligible for billeting in 
     Department of Defense facilities on the same basis and to the 
     same extent as a member of the armed forces on active duty 
     who is traveling under orders away from the member's 
     permanent duty station.
       ``(b) Proof of Reason for Travel.--The Secretary shall 
     include in the regulations the means for confirming a 
     Reserve's eligibility for billeting under subsection (a).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     12603 the following new item:

``12604. Billeting in Department of Defense facilities: Reserves 
              attending inactive-duty training.
       (b) Effective Date.--Section 12604 of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to periods of inactive-duty training beginning more 
     than 180 days after the date of the enactment of this Act.

     SEC. 674. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT 
                   POINTS THAT MAY BE CREDITED IN ANY YEAR.

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

     SEC. 675. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO 
                   RESERVE COMPONENT MEMBERS FOLLOWING RELEASE 
                   FROM ACTIVE DUTY.

       (a) Legal Services.--Section 1044(a) of title 10, United 
     States Code, is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Members of reserve components of the armed forces not 
     covered by paragraph (1) or (2) following release from active 
     duty under a call or order to active duty for more than 30 
     days issued under a mobilization authority (as determined by 
     the Secretary of Defense), but only during the period that 
     begins on the date of the release and is equal to at least 
     twice the length of the period served on active duty under 
     such call or order to active duty.''.
       (b) Dependents.--Paragraph (5) of such section, as 
     redesignated by subsection (a)(1), is amended by striking 
     ``and (3)'' and inserting ``(3), and (4)''.
       (c) Implementing Regulations.--Regulations to implement the 
     amendments made by this section shall be prescribed not later 
     than 180 days after the date of the enactment of this Act.

[[Page S4862]]

                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENT NO. 3231

  Mr. LEVIN (for Mr. Bingaman (for himself, Mr. Warner, Mr. Biden, and 
Mr. Inouye) proposed an amendment to the bill, S. 2549, supra; as 
follows:

       At the end of title X, insert the following:

     SEC. 10____. CONGRESSIONAL MEDALS FOR NAVAJO CODE TALKERS.

       (a) Findings.--Congress finds that--
       (1) on December 7, 1941, the Japanese Empire attacked Pearl 
     Harbor and war was declared by Congress on the following day;
       (2) the military code developed by the United States for 
     transmitting messages had been deciphered by the Japanese, 
     and a search was made by United States Intelligence to 
     develop new means to counter the enemy;
       (3) the United States Government called upon the Navajo 
     Nation to support the military effort by recruiting and 
     enlisting 29 Navajo men to serve as Marine Corps Radio 
     Operators;
       (4) the number of Navajo enlistees later increased to more 
     than 350;
       (5) at the time, the Navajos were often treated as second-
     class citizens, and they were a people who were discouraged 
     from using their own native language;
       (6) the Navajo Marine Corps Radio Operators, who became 
     known as the ``Navajo Code Talkers'', were used to develop a 
     code using their native language to communicate military 
     messages in the Pacific;
       (7) to the enemy's frustration, the code developed by these 
     Native Americans proved to be unbreakable, and was used 
     extensively throughout the Pacific theater;
       (8) the Navajo language, discouraged in the past, was 
     instrumental in developing the most significant and 
     successful military code of the time;
       (9) at Iwo Jima alone, the Navajo Code Talkers passed more 
     than 800 error-free messages in a 48-hour period;
       (10) use of the Navajo Code was so successful, that--
       (A) military commanders credited it in saving the lives of 
     countless American soldiers and in the success of the 
     engagements of the United States in the battles of 
     Guadalcanal, Tarawa, Saipan, Iwo Jima, and Okinawa;
       (B) some Code Talkers were guarded by fellow Marines, whose 
     role was to kill them in case of imminent capture by the 
     enemy; and
       (C) the Navajo Code was kept secret for 23 years after the 
     end of World War II;
       (11) following the conclusion of World War II, the 
     Department of Defense maintained the secrecy of the Navajo 
     Code until it was declassified in 1968; and
       (12) only then did a realization of the sacrifice and valor 
     of these brave Native Americans emerge from history.
       (b) Congressional Medals Authorized.--To express 
     recognition by the United States and its citizens in honoring 
     the Navajo Code Talkers, who distinguished themselves in 
     performing a unique, highly successful communications 
     operation that greatly assisted in saving countless lives and 
     hastening the end of World War II in the Pacific, the 
     President is authorized--
       (1) to award to each of the original 29 Navajo Code 
     Talkers, or a surviving family member, on behalf of the 
     Congress, a gold medal of appropriate design, honoring the 
     Navajo Code Talkers; and
       (2) to award to each person who qualified as a Navajo Code 
     Talker (MOS 642), or a surviving family member, on behalf of 
     the Congress, a silver medal of appropriate design, honoring 
     the Navajo Code Talkers.
       (c) Design and Striking.--For purposes of the awards 
     authorized by subsection (b), the Secretary of the Treasury 
     (in this section referred to as the ``Secretary'') shall 
     strike gold and silver medals with suitable emblems, devices, 
     and inscriptions, to be determined by the Secretary.
       (d) Duplicate Medals.--The Secretary may strike and sell 
     duplicates in bronze of the medals struck pursuant to this 
     section, under such regulations as the Secretary may 
     prescribe, and at a price sufficient to cover the costs 
     thereof, including labor, materials, dies, use of machinery, 
     and overhead expenses, and the cost of the medals.
       (e) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51, of 
     title 31, United States Code.
       (f) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund, not more than $30,000, to pay for the costs of the 
     medals authorized by this section.
       (g) Proceeds of Sale.--Amounts received from the sale of 
     duplicate medals under this section shall be deposited in the 
     United States Mint Public Enterprise Fund.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3232

  Mr. WARNER (for Mr. Lott) proposed an amendment to the bill, S. 2549, 
supra; as follows:

       On page 236, between lines 6 and 7, insert the following:

     SEC. 646. FEES PAID BY RESIDENTS OF THE ARMED FORCES 
                   RETIREMENT HOME.

       (a) Naval Home.--Section 1514 of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 414) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Naval Home.--The monthly fee required to be paid by a 
     resident of the Naval Home under subsection (a) shall be as 
     follows:
       ``(1) For a resident in an independent living status, $500.
       ``(2) For a resident in an assisted living status, $750.
       ``(3) For a resident of a skilled nursing facility, 
     $1,250.''.
       (b) United States Soldiers' and Airmen's Home.--Subsection 
     (c) of such section is amended--
       (1) by striking ``(c) Fixing Fees.--'' and inserting ``(c) 
     United States Soldiers' and Airmen's Home.--'';
       (2) in paragraph (1)--
       (A) by striking ``the fee required by subsection (a) of 
     this section'' and inserting ``the fee required to be paid by 
     residents of the United States Soldiers' and Airmen's Home 
     under subsection (a)''; and
       (B) by striking ``needs of the Retirement Home'' and 
     inserting ``needs of that establishment''; and
       (3) in paragraph (2), by striking the second sentence.
       (c) Savings Provision.--Such section is further amended by 
     adding at the end the following:
       ``(e) Residents Before Fiscal Year 2001.--A resident of the 
     Retirement Home on September 30, 2000, may not be charged a 
     monthly fee under this section in an amount that exceeds the 
     amount of the monthly fee charged that resident for the month 
     of September 2000.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2000.

                KENNEDY (AND OTHERS) AMENDMENT NO. 3233

  Mr. LEVIN (for Mr. Kennedy (for himself, Mr. Roth, Mr. Thurmond, Mr. 
Biden, and Mr. Reid)) proposed an amendment to the bill, S. 2549, 
supra; as follows:
  Submitted an amendment intended to be proposed by him to the bill, S. 
2549, supra; as follows:

         On page 200, after line 23, insert the following:

     SEC. 566. SENIOR OFFICERS IN COMMAND IN HAWAII ON DECEMBER 7, 
                   1941.

       (a) Findings.--Congress makes the following findings:
       (1) Rear Admiral Husband E. Kimmel, formerly the Commander 
     in Chief of the United States Fleet and the Commander in 
     Chief, United States Pacific Fleet, had an excellent and 
     unassailable record throughout his career in the United 
     States Navy prior to the December 7, 1941, attack on Pearl 
     Harbor.
       (2) Major General Walter C. Short, formerly the Commander 
     of the United States Army Hawaiian Department, had an 
     excellent and unassailable record throughout his career in 
     the United States Army prior to the December 7, 1941, attack 
     on Pearl Harbor.
       (3) Numerous investigations following the attack on Pearl 
     Harbor have documented that Admiral Kimmel and Lieutenant 
     General Short were not provided necessary and critical 
     intelligence that was available, that foretold of war with 
     Japan, that warned of imminent attack, and that would have 
     alerted them to prepare for the attack, including such 
     essential communiques as the Japanese Pearl Harbor Bomb Plot 
     message of September 24, 1941, and the message sent from the 
     Imperial Japanese Foreign Ministry to the Japanese Ambassador 
     in the United States from December 6 to 7, 1941, known as the 
     Fourteen-Part Message.
       (4) On December 16, 1941, Admiral Kimmel and Lieutenant 
     General Short were relieved of their commands and returned to 
     their permanent ranks of rear admiral and major general.
       (5) Admiral William Harrison Standley, who served as a 
     member of the investigating commission known as the Roberts 
     Commission that accused Admiral Kimmel and Lieutenant General 
     Short of ``dereliction of duty'' only six weeks after the 
     attack on Pearl Harbor, later disavowed the report 
     maintaining that ``these two officers were martyred'' and 
     ``if they had been brought to trial, both would have been 
     cleared of the charge''.
       (6) On October 19, 1944, a Naval Court of Inquiry 
     exonerated Admiral Kimmel on the grounds that his military 
     decisions and the disposition of his forces at the time of 
     the December 7, 1941, attack on Pearl Harbor were proper ``by 
     virtue of the information that Admiral Kimmel had at hand 
     which indicated neither the probability nor the imminence of 
     an air attack on Pearl Harbor''; criticized the higher 
     command for not sharing with Admiral Kimmel ``during the very 
     critical period of November 26 to December 7, 1941, important 
     information . . . regarding the Japanese situation''; and, 
     concluded that the Japanese attack and its outcome was 
     attributable to no serious fault on the part of anyone in the 
     naval service.
       (7) On June 15, 1944, an investigation conducted by Admiral 
     T. C. Hart at the direction of the Secretary of the Navy 
     produced evidence, subsequently confirmed, that essential 
     intelligence concerning Japanese intentions and war plans was 
     available in Washington but was not shared with Admiral 
     Kimmel.
       (8) On October 20, 1944, the Army Pearl Harbor Board of 
     Investigation determined that Lieutenant General Short had 
     not been kept ``fully advised of the growing tenseness of the 
     Japanese situation which indicated an increasing necessity 
     for better preparation

[[Page S4863]]

     for war''; detailed information and intelligence about 
     Japanese intentions and war plans were available in 
     ``abundance'' but were not shared with the General Short's 
     Hawaii command; and General Short was not provided ``on the 
     evening of December 6th and the early morning of December 
     7th, the critical information indicating an almost immediate 
     break with Japan, though there was ample time to have 
     accomplished this''.
       (9) The reports by both the Naval Court of Inquiry and the 
     Army Pearl Harbor Board of Investigation were kept secret, 
     and Rear Admiral Kimmel and Major General Short were denied 
     their requests to defend themselves through trial by court-
     martial.
       (10) The joint committee of Congress that was established 
     to investigate the conduct of Admiral Kimmel and Lieutenant 
     General Short completed, on May 31, 1946, a 1,075-page report 
     which included the conclusions of the committee that the two 
     officers had not been guilty of dereliction of duty.
       (11) The then Chief of Naval Personnel, Admiral J. L. 
     Holloway, Jr., on April 27, 1954, recommended that Admiral 
     Kimmel be advanced in rank in accordance with the provisions 
     of the Officer Personnel Act of 1947.
       (12) On November 13, 1991, a majority of the members of the 
     Board for the Correction of Military Records of the 
     Department of the Army found that Lieutenant General Short 
     ``was unjustly held responsible for the Pearl Harbor 
     disaster'' and that ``it would be equitable and just'' to 
     advance him to the rank of lieutenant general on the retired 
     list.
       (13) In October 1994, the then Chief of Naval Operations, 
     Admiral Carlisle Trost, withdrew his 1988 recommendation 
     against the advancement of Admiral Kimmel and recommended 
     that the case of Admiral Kimmel be reopened.
       (14) Although the Dorn Report, a report on the results of a 
     Department of Defense study that was issued on December 15, 
     1995, did not provide support for an advancement of Rear 
     Admiral Kimmel or Major General Short in grade, it did set 
     forth as a conclusion of the study that ``responsibility for 
     the Pearl Harbor disaster should not fall solely on the 
     shoulders of Admiral Kimmel and Lieutenant General Short, it 
     should be broadly shared''.
       (15) The Dorn Report found that ``Army and Navy officials 
     in Washington were privy to intercepted Japanese diplomatic 
     communications . . . which provided crucial confirmation of 
     the imminence of war''; that ``the evidence of the handling 
     of these messages in Washington reveals some ineptitude, some 
     unwarranted assumptions and misestimations, limited 
     coordination, ambiguous language, and lack of clarification 
     and followup at higher levels''; and, that ``together, these 
     characteristics resulted in failure . . . to appreciate fully 
     and to convey to the commanders in Hawaii the sense of focus 
     and urgency that these intercepts should have engendered''.
       (16) On July 21, 1997, Vice Admiral David C. Richardson 
     (United States Navy, retired) responded to the Dorn Report 
     with his own study which confirmed findings of the Naval 
     Court of Inquiry and the Army Pearl Harbor Board of 
     Investigation and established, among other facts, that the 
     war effort in 1941 was undermined by a restrictive 
     intelligence distribution policy, and the degree to which the 
     commanders of the United States forces in Hawaii were not 
     alerted about the impending attack on Hawaii was directly 
     attributable to the withholding of intelligence from Admiral 
     Kimmel and Lieutenant General Short.
       (17) The Officer Personnel Act of 1947, in establishing a 
     promotion system for the Navy and the Army, provided a legal 
     basis for the President to honor any officer of the Armed 
     Forces of the United States who served his country as a 
     senior commander during World War II with a placement of that 
     officer, with the advice and consent of the Senate, on the 
     retired list with the highest grade held while on the active 
     duty list.
       (18) Rear Admiral Kimmel and Major General Short are the 
     only two eligible officers from World War II who were 
     excluded from the list of retired officers presented for 
     advancement on the retired lists to their highest wartime 
     ranks under the terms of the Officer Personnel Act of 1947.
       (19) This singular exclusion from advancement on the 
     retired list serves only to perpetuate the myth that the 
     senior commanders in Hawaii were derelict in their duty and 
     responsible for the success of the attack on Pearl Harbor, a 
     distinct and unacceptable expression of dishonor toward two 
     of the finest officers who have served in the Armed Forces of 
     the United States.
       (20) Major General Walter Short died on September 23, 1949, 
     and Rear Admiral Husband Kimmel died on May 14, 1968, without 
     the honor of having been returned to their wartime ranks as 
     were their fellow veterans of World War II.
       (21) The Veterans of Foreign Wars, the Pearl Harbor 
     Survivors Association, the Admiral Nimitz Foundation, the 
     Naval Academy Alumni Association, the Retired Officers 
     Association, and the Pearl Harbor Commemorative Committee, 
     and other associations and numerous retired military officers 
     have called for the rehabilitation of the reputations and 
     honor of Admiral Kimmel and Lieutenant General Short through 
     their posthumous advancement on the retired lists to their 
     highest wartime grades.
       (b) Advancement of Rear Admiral Kimmel and Major General 
     Short on Retired Lists.--(1) The President is requested--
       (A) to advance the late Rear Admiral Husband E. Kimmel to 
     the grade of admiral on the retired list of the Navy; and
       (B) to advance the late Major General Walter C. Short to 
     the grade of lieutenant general on the retired list of the 
     Army.
       (2) Any advancement in grade on a retired list requested 
     under paragraph (1) shall not increase or change the 
     compensation or benefits from the United States to which any 
     person is now or may in the future be entitled based upon the 
     military service of the officer advanced.
       (c) Sense of Congress Regarding the Professional 
     Performance of Admiral Kimmel and Lieutenant General Short.--
     It is the sense of Congress that--
       (1) the late Rear Admiral Husband E. Kimmel performed his 
     duties as Commander in Chief, United States Pacific Fleet, 
     competently and professionally, and, therefore, the losses 
     incurred by the United States in the attacks on the naval 
     base at Pearl Harbor, Hawaii, and other targets on the island 
     of Oahu, Hawaii, on December 7, 1941, were not a result of 
     dereliction in the performance of those duties by the then 
     Admiral Kimmel; and
       (2) the late Major General Walter C. Short performed his 
     duties as Commanding General, Hawaiian Department, 
     competently and professionally, and, therefore, the losses 
     incurred by the United States in the attacks on Hickam Army 
     Air Field and Schofield Barracks, Hawaii, and other targets 
     on the island of Oahu, Hawaii, on December 7, 1941, were not 
     a result of dereliction in the performance of those duties by 
     the then Lieutenant General Short.
                                 ______
                                 

                  BIDEN (AND ROTH) AMENDMENT NO. 3234

  Mr. LEVIN (for Mr. Biden (for himself and Mr. Roth)) proposed an 
amendment to the bill, S. 2549, supra; as follows:

         On page 378, between lines 19 and 20, insert the 
     following:

     SEC. 1027. REPORT ON SPARE PARTS AND REPAIR PARTS PROGRAM OF 
                   THE AIR FORCE FOR THE C-5 AIRCRAFT.

       (a) Findings.--Congress makes the following findings:
       (1) There exists a significant shortfall in the Nation's 
     current strategic airlift requirement, even though strategic 
     airlift remains critical to the national security strategy of 
     the United States.
       (2) This shortfall results from the slow phase-out C-141 
     aircraft and their replacement with C-17 aircraft and from 
     lower than optimal reliability rates for the C-5 aircraft.
       (3) One of the primary causes of these reliability rates 
     for C-5 aircraft, and especially for operational unit 
     aircraft, is the shortage of spare repair parts. Over the 
     past 5 years, this shortage has been particularly evident in 
     the C-5 fleet.
       (4) NMCS (Not Mission Capable for Supply) rates for C-5 
     aircraft have increased significantly in the period between 
     1997 and 1999. At Dover Air Force Base, Delaware, an average 
     of 7 through 9 C-5 aircraft were not available during that 
     period because of a lack of parts.
       (5) Average rates of cannibalization of C-5 aircraft per 
     100 sorties of such aircraft have also increased during that 
     period and are well above the Air Mobility Command standard. 
     In any given month, this means devoting additional manhours 
     to cannibalizations of C-5 aircraft. At Dover Air Force Base, 
     an average of 800 to 1,000 additional manhours were required 
     for cannibalizations of C-5 aircraft during that period. 
     Cannibalizations are often required for aircraft that transit 
     through a base such as Dover Air Force Base, as well as those 
     that are based there.
       (6) High cannibalization rates indicate a significant 
     problem in delivering spare parts in a timely manner and 
     systemic problems within the repair and maintenance process, 
     and also demoralize overworked maintenance crews.
       (7) The C-5 aircraft remains an absolutely critical asset 
     in air mobility and airlifting heavy equipment and personnel 
     to both military contingencies and humanitarian relief 
     efforts around the world.
       (8) Despite increased funding for spare and repair parts 
     and other efforts by the Air Force to mitigate the parts 
     shortage problem, Congress continues to receive reports of 
     significant cannibalizations to airworthy C-5 aircraft and 
     parts backlogs.
       (b) Reports.--Not later than January 1, 2001, and September 
     30, 2001, the Secretary of the Air Force shall submit to the 
     congressional defense committees a report on the overall 
     status of the spare and repair parts program of the Air Force 
     for the C-5 aircraft. The report shall include the 
     following--
       (1) a statement the funds currently allocated to parts for 
     the C-5 aircraft and the adequacy of such funds to meet 
     current and future parts and maintenance requirements for 
     that aircraft;
       (2) a description of current efforts to address shortfalls 
     in parts for such aircraft, including an assessment of 
     potential short-term and long-term effects of such efforts;
       (3) an assessment of the effects of such shortfalls on 
     readiness and reliability ratings for C-5 aircraft;
       (4) a description of cannibalization rates for C-5 aircraft 
     and the manhours devoted to cannibalizations of such 
     aircraft; and
       (5) an assessment of the effects of parts shortfalls and 
     cannibalizations with respect to C-5 aircraft on readiness 
     and retention.

[[Page S4864]]

                                 ______
                                 

                       ROBERTS AMENDMENT NO. 3235

  Mr. WARNER (for Mr. Roberts) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 539, between lines 7 and 8, insert the following:

     SEC. 2836. LAND CONVEYANCE, FORT RILEY, KANSAS.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the State of Kansas, all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 70 acres at Fort Riley Military 
     Reservation, Fort Riley, Kansas. The preferred site is 
     adjacent to the Fort Riley Military Reservation boundary, 
     along the north side of Huebner Road across from the First 
     Territorial Capitol of Kansas Historical Site Museum.
       (b) Conditions of Conveyance.--The conveyance required by 
     subsection (a) shall be subject to the following conditions:
       (1) That the State of Kansas use the property conveyed 
     solely for purposes of establishing and maintaining a State-
     operated veterans cemetery.
       (2) That all costs associated with the conveyance, 
     including the cost of relocating water and electric utilities 
     should the Secretary determine that such relocations are 
     necessary, be borne by the State of Kansas.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary and the Director of the Kansas Commission on 
     Veterans Affairs.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance required by subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                                 ______
                                 

               LIEBERMAN (AND ROBERTS) AMENDMENT NO. 3236

  Mr. LEVIN (for Mr. Lieberman (for himself and Mr. Roberts)) proposed 
an amendment to the bill, S. 2549, supra; as follows:

       On page 436, between lines 2 and 3, insert the following:

     SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY OF 
                   UNDER A PERSONNEL DEMONSTRATION PROJECT.

       Section 342(b) of the National Defense Authorization Act 
     for Fiscal Year 1995 is amended--
       (1) by striking the last sentence of paragraph (4); and
       (2) by adding at the end the following:
       ``(5) The employees of a laboratory covered by a personnel 
     demonstration project under this section shall be managed by 
     the director of the laboratory subject to the supervision of 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics. Notwithstanding any other provision of law, 
     the director of the laboratory is authorized to appoint 
     individuals to positions in the laboratory, and to fix the 
     compensation of such individuals for service in those 
     positions, under the demonstration project without the review 
     or approval of any official or agency other than the Under 
     Secretary.''.
                                 ______
                                 

                       ROBERTS AMENDMENT NO. 3237

  Mr. WARNER (for Mr. Roberts) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 34, between lines 2 and 3, insert the following:

     SEC. 203. ADDITIONAL AUTHORIZATION FOR RESEARCH, DEVELOPMENT, 
                   TEST, AND EVALUATION ON WEATHERING AND 
                   CORROSION OF AIRCRAFT SURFACES AND PARTS.

       (a) Increase in Authorization.--The amount authorized to be 
     appropriated by section 201(3) is hereby increased by 
     $1,500,000.
       (b) Availability of Funds.--The amount available under 
     section 201(3), as increased by subsection (a), for research, 
     development, test, and evaluation on weathering and corrosion 
     of aircraft surfaces and parts (PE62102F) is hereby increased 
     by $1,500,000.
       (c) Offset.--The amount authorized to be appropriated by 
     section 201(4) is hereby decreased by $1,5000,000, with the 
     amount of such decrease being allocated to Sensor and 
     Guidance Technology (PE63762E).
                                 ______
                                 

                 CONRAD (AND OTHERS) AMENDMENT NO. 3238

  Mr. LEVIN (for Mr. Conrad (for himself, Ms. Landrieu, and Mr. Dorgan) 
proposed an amendment to the bill, S. 2549, supra; as follows:

       On page 372, between lines 6 and 7, insert the following:

     SEC. 1019. SENSE OF SENATE ON THE MAINTENANCE OF THE 
                   STRATEGIC NUCLEAR TRIAD.

       It is the sense of the Senate that, in light of the 
     potential for further arms control agreements with the 
     Russian Federation limiting strategic forces--
       (1) it is in the national interest of the United States to 
     maintain a robust and balanced TRIAD of strategic nuclear 
     delivery vehicles, including long-range bombers, land-based 
     intercontinental ballistic missiles (ICBMs), and ballistic 
     missile submarines; and
       (2) reductions to United States conventional bomber 
     capability are not in the national interest of the United 
     States.
                                 ______
                                 

                NICKLES (AND INHOFE) AMEMDMENT NO. 3239

  Mr. WARNER (for Mr. Nickles (for himself and Mr. Inhofe)) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 72, strike line 3, and insert the following:
       ``(B) Each arsenal of the Army.
       ``(C) Each government-owned, government-operated ammunition 
     plant of the Army.''.
       On page 77, strike line 17, and insert the following:
     gency.
       ``(f) Construction of Provision.--Nothing in this section 
     may be construed to authorize a change, otherwise prohibited 
     by law, from the performance of work at a Center of 
     Industrial and Technical Excellence by Department of Defense 
     personnel to performance by a contractor.''.
                                 ______
                                 

               LIEBERMAN (AND OTHERS) AMENDMENT NO. 3240

  Mr. LEVIN (for Mr. Lieberman (for himself, Mr. Santorum, Mr. Robb, 
and Mrs. Hutchison)) proposed an amendment to the bill, S. 2549, supra; 
as follows:

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. AEROSPACE INDUSTRY BLUE RIBBON COMMISSION.

       (a) Findings.--Congress makes the following findings:
       (1) The United States aerospace industry, composed of 
     manufacturers of commercial, military, and business aircraft, 
     helicopters, aircraft engines, missiles, spacecraft, 
     materials, and related components and equipment, has a unique 
     role in the economic and national security of our Nation.
       (2) In 1999, the aerospace industry continued to produce, 
     at $37,000,000,000, the largest trade surplus of any industry 
     in the United States economy.
       (3) The United States aerospace industry employs 800,000 
     Americans in highly skilled positions associated with 
     manufacturing aerospace products.
       (4) United States aerospace technology is preeminent in the 
     global marketplace for both defense and commercial products.
       (5) History since World War I has demonstrated that a 
     superior aerospace capability usually determines victory in 
     military operations and that a robust, technically innovative 
     aerospace capability will be essential for maintaining United 
     States military superiority in the 21st century.
       (6) Federal Government policies concerning investment in 
     aerospace research and development and procurement, controls 
     on the export of services and goods containing advanced 
     technologies, and other aspects of the Government-industry 
     relationship will have a critical impact on the ability of 
     the United States aerospace industry to retain its position 
     of global leadership.
       (7) Recent trends in investment in aerospace research and 
     development, in changes in global aerospace market share, and 
     in the development of competitive, non-United States 
     aerospace industries could undermine the future role of the 
     United States aerospace industry in the national economy and 
     in the security of the Nation.
       (8) Because the United States aerospace industry stands at 
     an historical crossroads, it is advisable for the President 
     and Congress to appoint a blue ribbon commission to assess 
     the future of the industry and to make recommendations for 
     Federal Government actions to ensure United States 
     preeminence in aerospace in the 21st century.
       (b) Establishment.--There is established a Blue Ribbon 
     Commission on the Future of the United States Aerospace 
     Industry.
       (c) Membership.--(1) The Commission shall be composed of 12 
     members appointed, not later than March 1, 2001, as follows:
       (A) Up to 6 members appointed by the President.
       (B) Two members appointed by the Majority Leader of the 
     Senate.
       (C) Two members appointed by the Speaker of the House.
       (D) One member appointed by the Minority Leader of the 
     Senate.
       (E) One member appointed by the Minority Leader of the 
     House of Representatives.
       (2) The members of the Commission shall be appointed from 
     among--
       (A) persons with extensive experience and national 
     reputations in aerospace manufacturing, economics, finance, 
     national security, international trade or foreign policy; and
       (B) persons who are representative of labor organizations 
     associated with the aerospace industry.
       (3) Members shall be appointed for the life of the 
     Commission. Any vacancy in the Commission shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment.
       (4) The President shall designate one member of the 
     Commission to serve as the Chairman.
       (5) The Commission shall meet at the call of the Chairman. 
     A majority of the members shall constitute a quorum, but a 
     lesser number may hold hearings for the Commission.
       (d) Duties.--(1) The Commission shall--
       (A) study the issues associated with the future of the 
     United States aerospace industry

[[Page S4865]]

     in the global economy, particularly in relationship to United 
     States national security; and
       (B) assess the future importance of the domestic aerospace 
     industry for the economic and national security of the United 
     States.
       (2) In order to fulfill its responsibilities, the 
     Commission shall study the following:
       (A) The budget process of the Federal Government, 
     particularly with a view to assessing the adequacy of 
     projected budgets of the Federal Government agencies for 
     aerospace research and development and procurement.
       (B) The acquisition process of the Federal Government, 
     particularly with a view to assessing--
       (i) the adequacy of the current acquisition process of 
     Federal agencies; and
       (ii) the procedures for developing and fielding aerospace 
     systems incorporating new technologies in a timely fashion.
       (C) The policies, procedures, and methods for the financing 
     and payment of government contracts.
       (D) Statutes and regulations governing international trade 
     and the export of technology, particularly with a view to 
     assessing--
       (i) the extent to which the current system for controlling 
     the export of aerospace goods, services, and technologies 
     reflects an adequate balance between the need to protect 
     national security and the need to ensure unhindered access to 
     the global marketplace; and
       (ii) the adequacy of United States and multilateral trade 
     laws and policies for maintaining the international 
     competitiveness of the United States aerospace industry.
       (E) Policies governing taxation, particularly with a view 
     to assessing the impact of current tax laws and practices on 
     the international competitiveness of the aerospace industry.
       (F) Programs for the maintenance of the national space 
     launch infrastructure, particularly with a view to assessing 
     the adequacy of current and projected programs for 
     maintaining the national space launch infrastructure.
       (G) Programs for the support of science and engineering 
     education, including current programs for supporting 
     aerospace science and engineering efforts at institutions of 
     higher learning, with a view to determining the adequacy of 
     those programs.
       (e) Report.--(1) Not later than March 1, 2002, the 
     Commission shall submit a report on its activities to the 
     President and Congress.
       (2) The report shall include the following:
       (A) The Commission's findings and conclusions.
       (B) Recommendations for actions by Federal Government 
     agencies to support the maintenance of a robust aerospace 
     industry in the United States in the 21st century.
       (C) A discussion of the appropriate means for implementing 
     the recommendations.
       (f) Implementation of Recommendations.--The heads of the 
     executive agencies of the Federal Government having 
     responsibility for matters covered by recommendations of the 
     Commission shall consider the implementation of those 
     recommendations in accordance with regular administrative 
     procedures. The Director of the Office of Management and 
     Budget shall coordinate the consideration of the 
     recommendations among the heads of those agencies.
       (g) Administrative Requirements and Authorities.--(1) The 
     Director of the Office of Management and Budget shall ensure 
     that the Commission is provided such administrative services, 
     facilities, staff, and other support services as may be 
     necessary. Any expenses of the Commission shall be paid from 
     funds available to the Director.
       (2) The Commission may hold hearings, sit and act at times 
     and places, take testimony, and receive evidence that the 
     Commission considers advisable to carry out the purposes of 
     this Act.
       (3) The Commission may secure directly from any department 
     or agency of the Federal Government any information that the 
     Commission considers necessary to carry out the provisions of 
     this Act. Upon the request of the Chairman of the Commission, 
     the head of such department or agency shall furnish such 
     information to the Commission.
       (4) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (5) The Commission is an advisory committee for the 
     purposes of the Federal Advisory Committee Act (5 U.S.C. App. 
     2).
       (h) Commission Personnel Matters.--(1) Members of the 
     Commission shall serve without additional compensation for 
     their service on the Commission, except that members 
     appointed from among private citizens may be allowed travel 
     expenses, including per diem in lieu of subsistence, as 
     authorized by law for persons serving intermittently in 
     government service under subchapter I of chapter 57 of title 
     5, United States Code, while away from their homes and places 
     of business in the performance of services for the 
     Commission.
       (2) The Chairman of the Commission may, without regard to 
     the civil service laws and regulations, appoint and terminate 
     any staff that may be necessary to enable the Commission to 
     perform its duties. The employment of a head of staff shall 
     be subject to confirmation by the Commission. The Chairman 
     may fix the compensation of the staff personnel without 
     regard to the provisions of chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rates of pay fixed by the Chairman shall be 
     in compliance with the guidelines prescribed under section 
     7(d) of the Federal Advisory Committee Act.
       (3) Any Federal Government employee may be detailed to the 
     Commission without reimbursement. Any such detail shall be 
     without interruption or loss of civil status or privilege.
       (4) The Chairman may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals that do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.
       (i) Termination.--The Commission shall terminate 30 days 
     after the submission of the report under subsection (e).
                                 ______
                                 

                GRAMM (AND HUTCHISON) AMENDMENT NO. 3241

  Mr. WARNER (for Mr. Gramm (for himself and Mrs. Hutchison)) proposed 
an amendment to the bill, S. 2549, supra; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Military Voting Rights Act 
     of 2000''.

     SEC. 2. GUARANTEE OF RESIDENCY.

       Article VII of the Soldiers' and Sailors' Civil Relief Act 
     of 1940 (50 U.S.C. 700 et seq.) is amended by adding at the 
     end the following:
       ``SEC. 704. (a) For purposes of voting for an office of the 
     United States or of a State, a person who is absent from a 
     State in compliance with military or naval orders shall not, 
     solely by reason of that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State; or
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become resident in or a resident of 
     any other State.
       ``(b) In this section, the term `State' includes a 
     territory or possession of the United States, a political 
     subdivision of a State, territory, or possession, and the 
     District of Columbia.''.

     SEC. 3. STATE RESPONSIBILITY TO GUARANTEE MILITARY VOTING 
                   RIGHTS.

       (a) Registration and Balloting.--Section 102 of the 
     Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-
     1) is amended--
       (1) by inserting ``(a) Elections for Federal Offices.--'' 
     before ``Each State shall--''; and
       (2) by adding at the end the following:
       ``(b) Elections for State and Local Offices.--Each State 
     shall.--
       ``(1) permit absent uniformed services voters to use 
     absentee registration procedures and to vote by absentee 
     ballot in general, special, primary, and run-off elections 
     for State and local offices; and
       ``(2) accept and process, with respect to any election 
     described in paragraph (1), any otherwise valid voter 
     registration application from an absent uniformed services 
     voter if the application is received by the appropriate State 
     election official not less than 30 days before the 
     election.''.
       (b) Conforming Amendment.--The heading for title I of such 
     Act is amended by striking out ``FOR FEDERAL OFFICE''.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 3242

  Mr. LEVIN (for Mrs. Feinstein) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 543, between lines 19 and 20, insert the following:

     SEC. 2855. MODIFICATION OF AUTHORITY FOR OXNARD HARBOR 
                   DISTRICT, PORT HUENEME, CALIFORNIA, TO USE 
                   CERTAIN NAVY PROPERTY.

       (a) Additional Restrictions on Joint Use.--Subsection (c) 
     of section 2843 of the Military Construction Authorization 
     Act for Fiscal Year 1995 (division B of Public Law 103-337; 
     108 Stat. 3067) is amended to read as follows:
       ``(c) Restrictions on Use.--The District's use of the 
     property covered by an agreement under subsection (a) is 
     subject to the following conditions:
       ``(1) The District shall suspend operations under the 
     agreement upon notification by the commanding officer of the 
     Center that the property is needed to support mission 
     essential naval vessel support requirements or Navy 
     contingency operations, including combat missions, natural 
     disasters, and humanitarian missions.
       ``(2) The District shall use the property covered by the 
     agreement in a manner consistent with Navy operations at the 
     Center, including cooperating with the Navy for the purpose 
     of assisting the Navy to meet its through-put requirements at 
     the Center for the expeditious movement of military cargo.
       ``(3) The commanding officer of the Center may require the 
     District to remove any of its personal property at the Center 
     that the commanding officer determines may interfere with 
     military operations at the Center. If the District cannot 
     expeditiously remove the property, the commanding officer may 
     provide for the removal of the property at District 
     expense.''.
       (b) Consideration.--Subsection (d) of such section is 
     amended to read as follows:
       ``(d) Consideration.--(1) As consideration for the use of 
     the property covered by an

[[Page S4866]]

     agreement under subsection (a), the District shall pay to the 
     Navy an amount that is mutually agreeable to the parties to 
     the agreement, taking into account the nature and extent of 
     the District's use of the property.
       ``(2) The Secretary may accept in-kind consideration under 
     paragraph (1), including consideration in the form of--
       ``(A) the District's maintenance, preservation, 
     improvement, protection, repair, or restoration of all or any 
     portion of the property covered by the agreement;
       ``(B) the construction of new facilities, the modification 
     of existing facilities, or the replacement of facilities 
     vacated by the Navy on account of the agreement; and
       ``(C) covering the cost of relocation of the operations of 
     the Navy from the vacated facilities to the replacement 
     facilities.
       ``(3) All cash consideration received under paragraph (1) 
     shall be deposited in the special account in the Treasury 
     established for the Navy under section 2667(d) of title 10, 
     United States Code. The amounts deposited in the special 
     account pursuant to this paragraph shall be available, as 
     provided in appropriation Acts, for general supervision, 
     administration, overhead expenses, and Center operations and 
     for the maintenance preservation, improvement, protection, 
     repair, or restoration of property at the Center.''.
       (c) Conforming Amendments.--Such section is further 
     amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
                                 ______
                                 

                THURMOND (AND OTHERS) AMENDMENT NO. 3243

  Mr. WARNER (for Mr. Thurmond (for himself, Mr. Lott, Mr. McCain, Mr. 
Cleland, Mr. Cochran, Ms. Landrieu, Ms. Snowe, Mr. Sessions, Mr. 
Inouye, and Mr. Dodd) proposed an amendment to the bill, S. 2549, 
supra; as follows:

       In title VI, at the end of subtitle D, add the following:

     SEC. . COMPUTATION OF SURVIVOR BENEFITS.

       (a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) 
     of section 1451 of title 10, United States Code, is amended 
     by striking ``35 percent of the base amount.'' and inserting 
     ``the product of the base amount and the percent applicable 
     for the month. The percent applicable for a month is 35 
     percent for months beginning on or before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2001, 40 percent for months beginning after such 
     date and before October 2004, and 45 percent for months 
     beginning after September 2004.''.
       (2) Subsection (a)(2)(B)(i)(I) of such section is amended 
     by striking ``35 percent'' and inserting ``the percent 
     specified under subsection (a)(1)(B)(i) as being applicable 
     for the month''.
       (3) Subsection (c)(1)(B)(i) of such section is amended--
       (A) by striking ``35 percent'' and inserting ``the 
     applicable percent''; and
       (B) by adding at the end the following: ``The percent 
     applicable for a month under the preceding sentence is the 
     percent specified under subsection (a)(1)(B)(i) as being 
     applicable for the month.''.
       (4) The heading for subsection (d)(2)(A) of such section is 
     amended to read as follows: ``Computation of annuity.--''.
       (b) Adjusted Supplemental Annuity.--Section 1457(b) of 
     title 10, United States Code, is amended--
       (1) by striking ``5, 10, 15, or 20 percent'' and inserting 
     ``the applicable percent''; and
       (2) by inserting after the first sentence the following: 
     ``The percent used for the computation shall be an even 
     multiple of 5 percent and, whatever the percent specified in 
     the election, may not exceed 20 percent for months beginning 
     on or before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2001, 15 percent 
     for months beginning after that date and before October 2004, 
     and 10 percent for months beginning after September 2004.''.
       (c) Recomputation of Annuities.--(1) Effective on the first 
     day of each month referred to in paragraph (2)--
       (A) each annuity under section 1450 of title 10, United 
     States Code, that commenced before that month, is computed 
     under a provision of section 1451 of that title amended by 
     subsection (a), and is payable for that month shall be 
     recomputed so as to be equal to the amount that would be in 
     effect if the percent applicable for that month under that 
     provision, as so amended, had been used for the initial 
     computation of the annuity; and
       (B) each supplemental survivor annuity under section 1457 
     of such title that commenced before that month and is payable 
     for that month shall be recomputed so as to be equal to the 
     amount that would be in effect if the percent applicable for 
     that month under that section, as amended by this section, 
     had been used for the initial computation of the supplemental 
     survivor annuity.
       (2) The requirements for recomputation of annuities under 
     paragraph (1) apply with respect to the following months:
       (A) The first month that begins after the date of the 
     enactment of this Act.
       (B) October 2004.
       (d) Recomputation of Retired Pay Reductions for 
     Supplemental Survivor Annuities.--The Secretary of Defense 
     shall take such actions as are necessitated by the amendments 
     made by subsection (b) and the requirements of subsection 
     (c)(1)(B) to ensure that the reductions in retired pay under 
     section 1460 of title 10, United States Code, are adjusted to 
     achieve the objectives set forth in subsection (b) of that 
     section.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3244

  Mr. LEVIN (for Mr. Bingaman) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 236, between lines 6 and 7, insert the following:

     SEC. 646. EQUITABLE APPLICATION OF EARLY RETIREMENT 
                   ELIGIBILITY REQUIREMENTS TO MILITARY RESERVE 
                   TECHNICIANS.

       (a) Technicians Covered by FERS.--Paragraph (1) of section 
     8414(c) of title 5, United States Code, is amended by 
     striking ``after becoming 50 years of age and completing 25 
     years of service'' and inserting ``after completing 25 years 
     of service or after becoming 50 years of age and completing 
     20 years of service''.
       (b) Technicians Covered by CSRS.--Section 8336 of title 5, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(p) Section 8414(c) of this title applies--
       ``(1) under paragraph (1) of such section to a military 
     reserve technician described in that paragraph for purposes 
     of determining entitlement to an annuity under this 
     subchapter; and
       ``(2) under paragraph (2) of such section to a military 
     technician (dual status) described in that paragraph for 
     purposes of determining entitlement to an annuity under this 
     subchapter.''.
       (c) Technical Amendment.--Section 1109(a)(2) of Public Law 
     105-261 (112 Stat. 2143) is amended by striking ``adding at 
     the end'' and inserting ``inserting after subsection (n)''.
       (d) Applicability.--Subsection (c) of section 8414 of such 
     title (as amended by subsection (a)), and subsection (p) of 
     section 8336 of title 5, United States Code (as added by 
     subsection (b)), shall apply according to the provisions 
     thereof with respect to separations from service referred to 
     in such subsections that occur on or after October 5, 1999.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 3245

  Mr. WARNER (for Mr. Stevens) proposed an amendment to the bill, S. 
2549, supra; as follows:

       On page 239, after line 22, insert the following:

     SEC. 656. TRAVEL BY RESERVES ON MILITARY AIRCRAFT TO AND FROM 
                   LOCATIONS OUTSIDE THE CONTINENTAL UNITED STATES 
                   FOR INACTIVE-DUTY TRAINING.

       (a) Space-Required Travel.--Subsection (a) of section 18505 
     of title 10, United States Code, is amended--
       (1) by inserting ``residence or'' after ``In the case of a 
     member of a reserve component whose''; and
       (2) by inserting after ``(including a place'' the 
     following: ``of inactive-duty training''.
       (b) Clerical Amendments.--(1) The heading of such section 
     is amended to read as follows:

     ``Sec. 18505. Space-required travel: Reserves traveling to 
       inactive-duty training''.

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

``18505. Space-required travel: Reserves traveling to inactive-duty 
              training.''.
                                 ______
                                 

                BINGAMAN (AND MURRAY) AMENDMENT NO. 3246

  Mr. LEVIN (for Mr. Bingaman (for himself and Mrs. Murray) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 239, following line 22, add the following:

     SEC. 656. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL 
                   INCURRING INJURY, ILLNESS, OR DISEASE IN THE 
                   PERFORMANCE OF FUNERAL HONORS DUTY.

       (a) Incapacitation Pay.--Section 204 of title 37, United 
     States Code, is amended--
       (1) in subsection (g)(1)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) in line of duty while--
       ``(i) serving on funeral honors duty under section 12503 of 
     this title or section 115 of title 32;
       ``(ii) traveling to or from the place at which the duty was 
     to be performed; or
       ``(iii) remaining overnight at or in the vicinity of that 
     place immediately before so serving, if the place is outside 
     reasonable commuting distance from the member's residence.''; 
     and
       (2) in subsection (h)(1)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) in line of duty while--
       ``(i) serving on funeral honors duty under section 12503 of 
     this title or section 115 of title 32;
       ``(ii) traveling to or from the place at which the duty was 
     to be performed; or

[[Page S4867]]

       ``(iii) remaining overnight at or in the vicinity of that 
     place immediately before so serving, if the place is outside 
     reasonable commuting distance from the member's residence.''.
       (b) Tort Claims.--Section 2671 of title 28, United States 
     Code, is amended by inserting ``115,'' in the second 
     paragraph after ``members of the National Guard while engaged 
     in training or duty under section''.
       (c) Applicability.--(1) The amendments made by subsection 
     (a) shall apply with respect to months beginning on or after 
     the date of the enactment of this Act.
       (2) The amendment made by subsection (b) shall apply with 
     respect to acts and omissions occurring before, on, or after 
     the date of the enactment of this Act.
                                 ______
                                 

            SMITH OF OREGON (AND OTHERS) AMENDMENT NO. 3247

  Mr. WARNER (for Mr. Smith of Oregon (for himself, Mr. Wyden, and Mr. 
Bryan) proposed an amendment to the bill, S. 2549, supra; as follows:
  [The amendment was not available for printing. It will appear in a 
future edition of the Record.]
                                 ______
                                 

               CLELAND (AND HUTCHISON) AMENDMENT NO. 3248

  Mr. LEVIN (for Mr. Cleland (for himself and Mrs. Hutchison) proposed 
an amendment to the bill, S. 2549, supra; as follows:

       On page 155, between lines 9 and 10, insert the following:

     SEC. 511. CONTINGENT EXEMPTION FROM LIMITATION ON NUMBER OF 
                   AIR FORCE OFFICERS SERVING ON ACTIVE DUTY IN 
                   GRADES ABOVE MAJOR GENERAL.

       Section 525(b) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(8) While an officer of the Army, Navy, or Marine Corps 
     is serving as Commander in Chief of the United States 
     Transportation Command, an officer of the Air Force, while 
     serving as Commander of the Air Mobility Command, if serving 
     in the grade of general, is in addition to the number that 
     would otherwise be permitted for the Air Force for officers 
     serving on active duty in grades above major general under 
     paragraph (1).
       ``(9) While an officer of the Army, Navy, or Marine Corps 
     is serving as Commander in Chief of the United States Space 
     Command, an officer of the Air Force, while serving as 
     Commander of the Air Force Space Command, if serving in the 
     grade of general, is in addition to the number that would 
     otherwise be permitted for the Air Force for officers serving 
     on active duty in grades above major general under paragraph 
     (1).''.
                                 ______
                                 

                  BOND (AND OTHERS) AMENDMENT NO. 3249

  Mr. WARNER (for Mr. Bond (for himself, Mr. Bryan, Mr. Akaka, Mr. 
Abraham, Mr. Ashcroft, Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. Boxer, 
Mr. Breaux, Mr. Bunning, Mr. Burns, Mr. Byrd, Mr. Cochran, Ms. Collins, 
Mr. Coverdell, Mr. Craig, Mr. Crapo, Mr. Daschle, Mr. DeWine, Mr. 
Domenici, Mr. Durbin, Mr. Edwards, Mr. Enzi, Mr. Feingold, Mr. 
Fitzgerald, Mr. Frist, Mr. Graham, Mr. Grams, Mr. Hagel, Mr. Helms, Mr. 
Hutchinson, Mrs. Hutchison, Mr. Inouye, Mr. Jeffords, Mr. Johnson, Mr. 
Kennedy, Mr. Kerry, Ms. Landrieu, Mr. Lautenberg, Mr. Leahy, Mrs. 
Lincoln, Mr. Lott, Mr. Mack, Mr. McConnell, Ms. Mikulski, Mr. 
Murkowski, Mrs. Murray, Mr. Reed, Mr. Reid, Mr. Robb, Mr. Roth, Mr. 
Sarbanes, Mr. Schumer, Mr. Sessions, Mr. Shelby, Mr. Smith of Oregon, 
Mr. Smith of New Hampshire, Ms. Snowe, Mr. Stevens, Mr. Thurmond, Mr. 
Voinovich, and Mr. Conrad)) proposed an amendment to the bill, S. 2549, 
supra; as follows:

       On page 125, line 19, strike ``22,536'' and insert 
     ``22,974.''
       On page 126, line 10, strike ``22,357'' and insert 
     ``24,728.''
                                 ______
                                 

                THOMPSON (AND OTHERS) AMENDMENT NO. 3250

  Mr. WARNER (for Mr. Thompson (for himself, Mr. Bingaman, Mr. 
Voinovich, Mr. Kennedy, Mr. DeWine, Mr. Reid, Mr. Thurmond, Mr. Bryan, 
Mr. Frist, Mrs. Murray, Mr. Murkowski, Mr. Harkin, Mr. Hollings, and 
Mr. Stevens)) proposed an amendment to the bill, S. 2549, supra; as 
follows:

       On page 613, after line 12, add the following:

     TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Energy Employees 
     Occupational Illness Compensation Act of 2000''.

     SEC. 3502. CONSTRUCTION WITH OTHER LAWS.

       References in this title to a provision of another statute 
     shall be considered as references to such provision, as 
     amended and as may be amended form time to time.

     SEC. 3503. DEFINITIONS.

       (a) In General.--In this title:
       (1) Atomic weapon.--The term ``atomic weapon'' has the 
     meaning given that term in section 11 d. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014(d)).
       (2) Atomic weapons employee.--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 by the United States, material that 
     emitted radiation and was used in the production of an atomic 
     weapon, excluding uranium mining and milling.
       (3) Atomic weapons employer.--The term ``atomic weapons 
     employer'' means an entity that--
       (A) processed or produced, for the use by the United 
     States, material that emitted radiation and was used in the 
     production of an atomic weapon, excluding uranium mining and 
     milling; and
       (B) is designated as an atomic weapons employer for 
     purposes of this title by the Secretary of Energy.
       (4) Atomic weapons employer facility.--The term ``atomic 
     weapons employer facility'' means a facility, owned by an 
     atomic weapons employer, that is or was used to process or 
     produce, for use by the United States, material that emitted 
     radiation and was used in the production of an atomic weapon, 
     excluding uranium mining or milling.
       (5) Beryllium vendor.--The term ``beryllium vendor'' means 
     the following:
       (A) Atomics International.
       (B) Brush Wellman, Incorporated, and its predecessor, Brush 
     Beryllium Company.
       (C) General Atomics.
       (D) General Electric Company.
       (E) NGK Metals Corporation and its predecessors, Kawecki-
     Berylco, Cabot Corporation, BerylCo, and Beryllium 
     Corporation of America.
       (F) Nuclear Materials and Equipment Corporation.
       (G) StarMet Corporation, and its predecessor, Nuclear 
     Metals, Incorporated.
       (H) Wyman Gordan, Incorporated.
       (I) Any other vendor, processor, or producer of beryllium 
     or related products designated as a beryllium vendor for 
     purposes of this title under section 3504(a).
       (6) Chronic silicosis.--The term ``chronic silicosis'' 
     means silicosis if--
       (A) at least 10 years elapse between initial exposure to 
     silica and the emergence of the silicosis; and
       (B) the silicosis is established by one of the following:
       (i) A chest x-ray presenting any combination of rounded 
     opacities of type p/q/r, with or without irregular opacities, 
     present in at least both upper lung zones and of profusion 1/
     0 or greater, as found in accordance with the International 
     Labor Organization classification system.
       (ii) A physician's provisional or working diagnosis of 
     silicosis, combined with--
       (I) a chest radiograph interpreted as consistent with 
     silicosis; or
       (II) pathologic findings consistent with silicosis.
       (iii) A history of occupational exposure to airborne silica 
     dust and a chest radiograph or other imaging technique 
     interpreted as consistent with silicosis or pathologic 
     findings consistent with silicosis.
       (7) Compensation.--The term ``compensation'' means the 
     money allowance payable under this title and any other 
     benefits paid for from the Fund including the alternative 
     compensation payable pursuant to section 3515.
       (8) Covered beryllium employee.--The term ``covered 
     beryllium employee'' means the following:
       (A) A current or former employee (as that term is defined 
     in section 8101(1) of title 5, United States Code) who may 
     have been exposed to beryllium at a Department of Energy 
     facility or at a facility owned, operated, or occupied by a 
     beryllium vendor.
       (B) A current or former employee of any entity that 
     contracted with the Department of Energy to provide 
     management and operation, management and integration, or 
     environmental remediation of a Department of Energy facility 
     or an employee of any contractor or subcontractor that 
     provided services, including construction and maintenance, at 
     such a facility.
       (C) A current or former employee of a beryllium vendor, or 
     a contractor or subcontractor of a beryllium vendor, during a 
     period when the vendor was engaged in activities related to 
     the production or processing of beryllium for sale to, or use 
     by, the Department of Energy.
       (9) Covered beryllium illness.--The term ``covered 
     beryllium illness'' means any condition as follows:
       (A) Beryllium sensitivity as established by,--
       (i) an abnormal beryllium lymphocyte proliferation test 
     performed on either blood or lung lavage cells; or
       (ii) other means specified under section 3504(b).
       (B) Chronic beryllium disease as established by the 
     following:
       (i) For diagnoses on or after January 1, 1993,--
       (I) beryllium sensitivity, as established in accordance 
     with subparagraph (A), and
       (II) lung pathology consistent with chronic beryllium 
     disease, including--
       (aa) a lung biopsy showing granulomas or a lymphocytic 
     process consistent with chronic beryllium disease;

[[Page S4868]]

       (bb) a computerized axial tomography scan showing changes 
     consistent with chronic beryllium disease; or
       (cc) pulmonary function or exercise testing showing 
     pulmonary deficits consistent with chronic beryllium disease.
       (ii) For diagnoses before January 1, 1993, the presence of 
     four of the criteria set forth in subclauses (I) through 
     (VI), including the criteria set forth in subclause (I) and 
     any three of the criteria set forth in subclauses (II) 
     through (VI):
       (I) Occupational or environmental history, or epidemiologic 
     evidence of beryllium exposure.
       (II) Characteristic chest radiographic (or computed 
     tomography (CT) abnormalities.
       (III) Restrictive or obstructive lung physiology testing or 
     diffusing lung capacity defect.
       (IV) Lung pathology consistent with chronic beryllium 
     disease.
       (V) Clinical course consistent with a chronic respiratory 
     disorder.
       (VI) Immunologic tests showing beryllium sensitivity (skin 
     patch test or beryllium blood test preferred).
       (iii) Other means specified under section 3504(b).
       (C) Any injury, illness, impairment, or disability 
     sustained as a consequence of a covered beryllium illness 
     referred to in subparagraph (A) or (B).
       (10) Covered employee.--The term ``covered employee'' means 
     a covered beryllium employee, a covered employee with cancer, 
     or a covered employee with chronic silicosis.
       (11) Covered employee with cancer.--The term ``covered 
     employee with cancer'' means the following:
       (A) An individual who meets the criteria in section 
     3511(c)(1).
       (B) A member of the Special Exposure Cohort.
       (12) Covered employee with chronic silicosis.--The term 
     ``covered employee with chronic silicosis'' means a--
       (A) Department of Energy employee; or
       (B) Department of Energy contractor employee;

     with chronic silicosis who was exposed to silica in the 
     performance of duty as determined in section 3511(b).
       (13) Department of energy.--The term ``Department of 
     Energy'' includes the predecessor agencies of the Department 
     of Energy, including the Manhattan Engineering District.
       (14) Department of energy contractor employee.--The term 
     ``Department of Energy contractor employee'' means the 
     following:
       (A) An individual who is or was in residence at a 
     Department of Energy facility as a researcher for a period of 
     at least 24 cumulative months.
       (B) An individual who is or was employed, at a Department 
     of Energy facility by--
       (i) an entity that contracted with the Department of Energy 
     to provide management and operating, management and 
     integration, or environmental remediation at the facility; or
       (ii) a contractor or subcontractor that provided services, 
     including construction and maintenance, at the facility.
       (15) Department of energy facility.--The term ``Department 
     of Energy facility'' means any building, structure, or 
     premise, including the grounds upon which such building, 
     structure, or premise is located--
       (A) in which operations are, or have been, conducted by, or 
     on behalf of, the Department of Energy (except for buildings, 
     structures, premises, grounds, or operations covered by 
     Executive Order 12344, pertaining to the Naval Nuclear 
     Propulsion Program); and
       (B) with regard to which the Department of Energy has or 
     had--
       (i) a proprietary interest; or
       (ii) entered into a contract with an entity to provide 
     management and operation, management and integration, 
     environmental remediation services, construction, or 
     maintenance services.
       (16) Fund.--The term ``Fund'' means the Energy Employee's 
     Occupational Illness Compensation Fund under section 3542 of 
     this title.
       (17) Monthly pay.--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 the 
     compensable disability recurs, if the recurrence begins more 
     than 6 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.
       (18) Radiation.--The term ``radiation'' means ionizing 
     radiation in the form of--
       (A) alpha particles;
       (B) beta particles;
       (C) neutrons;
       (D) gamma rays; or
       (E) accelerated ions or subatomic particles from 
     accelerator machines.
       (19) Secretary of Health and Human Services.--The term 
     ``Secretary of Health and Human Services'' means the 
     Secretary of Health and Human Services with the assistance of 
     the Director of the National Institute for Occupational 
     Safety and Health.
       (20) Special exposure cohort.--The term ``Special Exposure 
     Cohort'' means the following groups of Department of Energy 
     employees, Department of Energy contractor employees, and 
     atomic weapons employees:
       (A) Individual who--
       (i) were employed during the period prior to February 1, 
     1992--
       (I) at the gaseous diffusion plants located in--
       (aa) Paducah, Kentucky;
       (bb) Portsmouth, Ohio; or
       (cc) Oak Ridge, Tennessee; and
       (II) by--
       (aa) the Department of Energy;
       (bb) a Department of Energy contractor or subcontractor; or
       (cc) an atomic weapons employer; and
       (ii) during employment covered by clause (i)--
       (I) were monitored through the use of dosimetry badges for 
     exposure at the plant of the external parts of the employee's 
     body to radiation; or
       (II) worked in a job that had exposures comparable to a job 
     that is or was monitored through the use of dosimetry badges.
       (B) Individuals who were employed by the Department of 
     Energy or a Department of Energy contractor or subcontractor 
     on Amchitka Island, Alaska, prior to January 1, 1974, and who 
     were exposed to ionizing radiation in the performance of duty 
     related to the Long Shot, Milrow, or Cannikin underground 
     nuclear tests.
       (C) Individuals designated as part of the Special Exposure 
     Cohort by the Secretary of Health and Human Services, in 
     accordance with section 3513.
       (21) Specified cancer.--The term ``specified cancer'' means 
     the following:
       (A) Leukemia (other than chronic lymphocytic leukemia).
       (B) Multiple myeloma.
       (C) Non-Hodgkins Lymphoma.
       (D) Cancer of the--
       (i) bladder;
       (ii) bone;
       (iii) brain;
       (iv) breast (male or female);
       (v) cervix;
       (vi) digestive system (including esophagus, stomach, small 
     intestine, bile ducts, colon, rectum, or other digestive 
     organs);
       (vii) gallbladder;
       (viii) kidney;
       (ix) larynx, pharynx, or other respiratory organs;
       (x) liver;
       (xi) lung;
       (xii) male genitalia;
       (xiii) nasal organs;
       (xiv) nervous system;
       (xv) ovary;
       (xvi) pancreas;
       (xvii) prostate;
       (xviii) salivary gland (parotid or non-parotid);
       (xix) thyroid;
       (xx) ureter;
       (xxi) urinary tract or other urinary organs; or
       (xxii) uterus.
       (22) Survivor.--The term ``survivor'' means any individual 
     or individuals eligible to receive compensation pursuant to 
     section 8133 of title 5, United States Code.
       (23) Time of injury.--The term ``time of injury'' means--
       (A) in regard to a claim arising out of exposure to 
     beryllium, the last date on which a covered employee was 
     exposed to beryllium in the performance of duty in accordance 
     with section 3511(a);
       (B) in regard to a claim arising out of chronic silicosis, 
     the last date on which a covered employee was exposed to 
     silica in the performance of duty in accordance with section 
     3511(b); and
       (C) in regard to a claim arising out of exposure to 
     radiation, the last date on which a covered employee was 
     exposed to radiation in the performance of duty in accordance 
     with section 3511(c)(1) or, in the case of a member of the 
     Special Exposure Cohort, the last date on which the member of 
     the Special Exposure Cohort was employed at the Department of 
     Energy facility at which the member was exposed to 
     radiation.
       (b) Terms Used in Administration.--
       (1) In general.--The following terms have the meaning given 
     those terms in section 8101 of title 5, United States Code:
       (A) ``physician'';
       (B) ``medical, surgical, and hospital services and 
     supplies;''
       (C) ``injury'';
       (D) ``widow'';
       (E) ``parent'';
       (F) ``brother'';
       (G) ``sister'';
       (H) ``child'';
       (I) ``grandchild'';
       (J) ``widower'';
       (K) ``student'';
       (L) ``price index'';
       (M) ``organ''; and
       (N) ``United States medical officers and hospitals''.
       (2) Employee.--In applying any provision of chapter 81 of 
     title 5, United States Code (except section 8101), under this 
     title, the term ``employee'' in such provision shall mean a 
     covered employee.
       (3) Employees' Compensation Fund.--In applying any 
     provision of chapter 81 of title 5, United States Code, under 
     this title, the term ``Employees' Compensation Fund'' in such 
     provision shall mean the Fund.

     SEC. 3504. EXPANSION OF LIST OF BERYLLIUM VENDORS AND MEANS 
                   OF ESTABLISHING COVERED BERYLLIUM ILLNESSES.

       (a) Beryllium Vendors.--The Secretary of Energy may from 
     time to time, and in consultation with the Secretary of 
     Labor, designate as a beryllium vendor for purposes of 
     section 3503(a)(5) any vendor, processor, or producer of 
     beryllium or related products not previously listed under or 
     designated for purposes of that section if the Secretary of 
     Energy finds that such vendor, processor, or

[[Page S4869]]

     producer has been engaged in activities related to the 
     production or processing of beryllium for sale to, or use by, 
     the Department of Energy in a manner similar to the entities 
     listed in that section.
       (b) Means of Establishing Covered Beryllium Illnesses.--The 
     Secretary of Health and Human Services may from time to time, 
     and in consultation with the Secretary of Energy, specify 
     means of establishing the existence of a covered beryllium 
     illness referred to in subparagraph (A) or (B) of section 
     3503(a)(9) not previously listed under or specified for 
     purposes of such subparagraph.

      Subtitle A--Beryllium, Silicosis, and Radiation Compensation

     SEC. 3511. EXPOSURE TO HAZARDS IN THE PERFORMANCE OF DUTY.

       (a) Beryllium.--In the absence of substantial evidence to 
     the contrary, a covered beryllium employee shall be 
     determined to have been exposed to beryllium in the 
     performance of duty for the purposes of this title if, and 
     only if, the covered beryllium employee was--
       (1) employed at a Department of Energy facility; or
       (2) present at a Department of Energy facility, or a 
     facility owned and operated by a beryllium vendor, because of 
     employment by the United States, a beryllium vendor, or a 
     contractor or subcontractor of the Department of Energy;

     during a period when beryllium dust, particles, or vapor may 
     have been present at such facility.
       (b) Chronic Silicosis.--In the absence of substantial 
     evidence to the contrary, a covered employee with chronic 
     silicosis shall be determined to have been exposed to silica 
     in the performance of duty for the purposes of this title if, 
     and only if, the covered employee with chronic silicosis was 
     present during the mining of tunnels at a Department of 
     Energy facility for tests or experiments related to an atomic 
     weapon.
       (c) Cancer.--
       (1) In general.--A Department of Energy employee, 
     Department of Energy contractor employee, or an atomic 
     weapons employee shall be determined to have sustained a 
     cancer in the performance of duty if, and only if, such 
     employee--
       (A) contracted cancer after beginning employment at a 
     Department of Energy facility for a Department of Energy 
     contractor or an atomic weapons employer facility for an 
     atomic weapons employer; and
       (B) falls within guidelines that--
       (i) are established by the Secretary of Health and Human 
     Services by regulation, after consultation with the Secretary 
     of Energy and after technical review by the Advisory Board 
     under section 3512, 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 radiation dose received by the 
     employee (or a group of employees performing similar work) at 
     the facility and the upper 99 percent confidence interval of 
     the probability of causation in the radioepidemiological 
     tables published under section 7(b) of the Orphan Drug Act 
     (42 U.S.C. 241 note), as such tables may be updated under 
     section 7(b)(3) of such Act from time to time;
       (iii) incorporate the methods established under subsection 
     (d); 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) Special exposure cohort.--A member of the Special 
     Exposure Cohort shall be determined to have sustained a 
     cancer in the performance of duty if, and only if, such 
     individual contracted a specified cancer after beginning 
     employment at a Department of Energy facility for a 
     Department of Energy contractor or an atomic weapons employer 
     facility for an atomic weapons employer.
       (d) Radiation Dose.--
       (1) In general.--The Secretary of Health and Human 
     Services, after consultation with the Secretary of Energy, 
     shall--
       (A) establish by regulation methods for arriving at 
     reasonable estimates of the radiation doses Department of 
     Energy employees or Department of Energy contractor employees 
     received at a Department of Energy facility and atomic 
     weapons employees received at a facility operated by an 
     atomic weapons employer if such employees 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 (c)(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) Scientific review.--The Secretary of Health and Human 
     Services shall establish an independent review process 
     utilizing the Advisory Board under section 3512 to assess the 
     methods established under paragraph (1)(A) and the 
     application of those methods and to verify a reasonable 
     sample of individual dose reconstructions provided under 
     paragraph (1)(B).
       (3) Access to dose reconstructions.--The Secretary of 
     Health and Human Services and the Secretary of Energy each 
     shall, consistent with the protection of private medical 
     records, make available to researchers and the general public 
     information on the assumptions, methodology, and data used in 
     dose reconstructions undertaken under this subtitle.

     SEC. 3512. ADVISORY BOARD ON RADIATION AND WORKER HEALTH.

       (a) Establishment.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this title, the Secretary of Health and Human 
     Services, in consultation with the Secretary of Energy, shall 
     establish and appoint an Advisory Board on Radiation and 
     Worker Health.
       (2) Balance of views.--In making appointments to the Board, 
     the Secretary of Health and Human Services shall also consult 
     with labor unions and other organizations with expertise on 
     worker health issues to ensure that the membership of the 
     Board reflects a balance of scientific, medical, and worker 
     perspectives.
       (3) Chair.--The Secretary of Health and Human Services 
     shall designate a Chair for the Board from among its members.
       (b) Duties.--The Board shall advise the Secretary of Health 
     and Human Services, Secretary of Energy, and Secretary of 
     Labor on--
       (1) the development of guidelines to be used by the 
     Secretary of Health and Human Services under section 3511;
       (2) the scientific validity and quality of dose estimation 
     and reconstruction efforts being performed to implement 
     compensation programs under this subtitle; and
       (3) other matters related to radiation and worker health in 
     Department of Energy facilities as the Secretary of Labor, 
     the Secretary of Energy, or the Secretary of Health and Human 
     Services may request.
       (c) Staff.--
       (1) In general.--The Secretary of Health and Human Services 
     shall appoint a staff to facilitate the work of the Board, 
     headed by a Director appointed under subchapter VIII of 
     chapter 33 of title 5, United States Code.
       (2) Details.--The Secretary of Health and Human Services 
     may accept for staff of the Board personnel on detail from 
     other federal agencies to serve on the staff on a 
     nonreimbursable basis.
       (d) Expenses.--Members of the Board, other than full-time 
     employees of the federal government, while attending meetings 
     of the Board or while otherwise serving at the request of the 
     Secretary of Health and Human Services while serving away 
     from their homes or regular places of business, may be 
     allowed travel and meal expenses, including per diem in lieu 
     of subsistence, as authorized by section 5703 of title 5, 
     United States Code, for individuals in the Government serving 
     without pay.
       (e) Applicability of FACA.--The Advisory Board shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).

     SEC. 3513. DESIGNATION OF ADDITIONAL MEMBERS OF THE SPECIAL 
                   EXPOSURE COHORT.

       (a) Advice on Membership in Cohort.--
       (1) In general.--Upon request of the Secretary of Health 
     and Human Services, the Advisory Board of Radiation and 
     Worker Health under section 3512, based on exposure 
     assessments by radiation health professionals, information 
     provided by the Department of Energy, and other information 
     deemed appropriate by the Board, shall advise the Secretary 
     of Health and Human Services whether there is a class of 
     employees at a Department of Energy facility who likely were 
     exposed to radiation at the facility but for whom it is not 
     feasible to estimate with sufficient accuracy the radiation 
     dose they received.
       (2) Procedures.--The Secretary of Health and Human Services 
     shall establish procedures for considering petitions by 
     classes of employees to request the advice of the Board.
       (b) Treatment as Members of Cohort.--A class of employees 
     at a Department of Energy facility shall be considered as 
     members of the Special Exposure Cohort for purposes of 
     section 3503(a)(20) if the Secretary of Health and Human 
     Services, upon recommendation of the Advisory Board on 
     Radiation and Worker Health and in consultation with the 
     Secretary of Energy, determines that--
       (1) it is not feasible to estimate with sufficient accuracy 
     the radiation dose which the class received; and
       (2) there is a reasonable likelihood that the radiation 
     dose may have endangered the health of members of the class.
       (c) Access to Information.--The Secretary of Energy shall, 
     in accordance with law, provide the Secretary of Health and 
     Human Services and the members and staff of the Advisory 
     Board under section 3512 access to relevant information on 
     worker exposures, including access to Restricted Data (as 
     that term is defined in section 11 y. of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014(y)).

     SEC. 3514. AUTHORITY TO PROVIDE COMPENSATION AND OTHER 
                   ASSISTANCE.

       (a) Compensation.--Subject to the provisions of this title, 
     the Secretary of Labor--
       (1) shall pay compensation in accordance with sections 8105 
     through 8110, 8111(a), 8112, 8113, 8115, 8117. 8133, 8134, 
     8146a(a), and 8146a(b) of title 5, United States Code, for 
     the disability or death--
       (A) from a covered beryllium illness of a covered beryllium 
     employee who was exposed to beryllium while in the 
     performance of duty as determined in accordance with section 
     3511(a) of this title;
       (B) from chronic silicosis of a covered employee with 
     chronic silicosis who was exposed to silica in the 
     performance of duty as determined in accordance with section 
     3511(b) of this title; or

[[Page S4870]]

       (C) from cancer of a covered employee with cancer 
     determined to have sustained that cancer in the performance 
     of duty in accordance with section 3511(c) of this title or 
     from any injury suffered as a consequence of that cancer;
       (2) shall furnish the services and other benefits specified 
     in section 8103 of title 5, United States Code, to--
       (A) a covered beryllium employee with a covered beryllium 
     illness who was exposed to beryllium in the performance of 
     duty as determined in accordance with section 3511(a) of this 
     title;
       (B) a covered employee with chronic silicosis who was 
     exposed to silica in the performance of duty as determined in 
     accordance with section 3511(b) of this title; or
       (C) a covered employee with cancer determined to have 
     sustained that cancer in the performance of duty in 
     accordance with section 3511(c) of this title or to have 
     suffered any injury as a consequence of that cancer; and
       (3) may direct a permanently disabled individual whose 
     disability is compensable under this subtitle to undergo 
     vocational rehabilitation and shall provide for furnishing 
     such vocational rehabilitation services pursuant to the 
     provisions of sections 8104, 8111(b), and 8113(b) of title 5, 
     United States Code.
       (b) Limitations on Compensation.--
       (1) Employee misconduct.--No compensation or benefits may 
     be paid or provided under this title for a cancer (including 
     a specified cancer), chronic silicosis, covered beryllium 
     illness, or death if the cancer (including a specified 
     cancer), chronic silicosis, covered beryllium illness, or 
     death occurred under one of the circumstances set forth in 
     paragraph (1), (2), or (3) of section 8102(a) of title 5, 
     United States Code.
       (2) Retroactive benefits.--No compensation may be paid 
     under this section for any period before the date of 
     enactment of this title, except in the case of compensation 
     under section 3515.
       (3) Source.--All compensation under this subtitle shall be 
     paid from the Fund.
       (c) Computation of Pay.--
       (1) In general.--Except as otherwise provided by this title 
     or by regulation, computation of pay under this title shall 
     be determined in accordance with section 8114 of title 5, 
     United States Code.
       (2) Substitute rule for section 8114(d)(3).--If either of 
     the methods of determining the average annual earnings 
     specified in section 8114(d)(1) and (2) of title 5, United 
     States Code, cannot be applied reasonably and fairly, the 
     average annual earnings are a sum that reasonably represents 
     the annual earning capacity of the covered employee in the 
     employment in which the employee was working at the time of 
     injury having regard to the previous earnings of the employee 
     in similar employment, and of other employees of the same 
     employer in the same or most similar class working in the 
     same or most similar employment in the same or neighboring 
     location, other previous employment of the employee, or other 
     relevant factors. However, the average annual earnings may 
     not be less than 150 times the average daily wage the covered 
     employee earned in the employment during the days employed 
     within 1 year immediately preceding the time of injury.
       (d) Assistance for Claimants.--The Secretary of Labor 
     shall, upon the receipt of a request for assistance from a 
     claimant for compensation under this section, provide 
     assistance to the claimant in connection with the claim, 
     including--
       (1) assistance in securing medical testing and diagnostic 
     services necessary to establish the existence of a covered 
     beryllium illness or cancer; and
       (2) such other assistance as may be required to develop 
     facts pertinent to the claim.
       (e) Assistance for Potential Claimants.--The Secretary of 
     Energy, in consultation with the Secretary of Labor, shall 
     take appropriate actions to inform and assist covered 
     employees who are potential claimants under this subtitle, 
     and other potential claimants under this subtitle, of the 
     availability of compensation under this subtitle, including 
     actions to--
       (1) ensure the ready availability, in paper and electronic 
     format, of forms necessary for making claims;
       (2) provide such covered employees and other potential 
     claimants with information and other support necessary for 
     making claims, including--
       (A) medical protocols for medical testing and diagnosis to 
     establish the existence of a covered beryllium illness, 
     silicosis, or cancer; and
       (B) lists of vendors approved for providing laboratory 
     services related to such medical testing and diagnosis;
       (3) provide such additional assistance to such covered 
     employees and other potential claimants as may be required 
     for the development of facts pertinent to a claim.
       (f) Information From Beryllium Vendors and Other 
     Contractors.--As part of the assistance program provided 
     under subsections (d) and (e), and as permitted by law, the 
     Secretary of Energy shall, upon the request of the Secretary 
     of Labor, require a beryllium vendor or other Department of 
     Energy contractor or subcontractor to provide information 
     relevant to a claim or potential claim under this title to 
     the Secretary of Labor.

     SEC. 3515. ALTERNATIVE COMPENSATION.

       (a) In General.--Subject to the provisions of this section, 
     a covered employee eligible for benefits under section 
     3514(a), or the survivor of such covered employee if the 
     employee is deceased, may elect to receive compensation in 
     the amount of $200,000 in lieu of any other compensation 
     under section 3514(a)(1).
       (b) Death Before Election.--
       (1) In general.--Subject to the provisions of this section, 
     if a covered employee otherwise eligible to make an election 
     provided by this section dies before the date of enactment of 
     this title, or before making the election, whether or not the 
     death is a result of a cancer (including a specified cancer), 
     chronic silicosis, or covered beryllium illness, a survivor 
     of the covered employee on behalf of the survivor and any 
     other survivors of the covered employee may make the election 
     and receive the compensation provided for under this section.
       (2) Precedence of survivors.--The right to make an election 
     and to 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.
       (c) Time Limit for Election.--An election under this 
     section may be made at any time after the submittal under 
     this subtitle of the claim on which such compensation is 
     based, but not later than 30 days after the latter of the 
     date of--
       (1) a determination by the Secretary of Labor that an 
     employee is eligible for an award under this section; or
       (2) a determination by the Secretary of Labor under section 
     3214 awarding an employee or an employee's survivors 
     compensation for total or partial disability or compensation 
     in case of death.
       (d) Irrevocability of Election.--
       (1) In general.--An election under this section when made 
     is irrevocable.
       (2) Binding effect.--An election made by a covered employee 
     or survivor under this section is binding on all survivors of 
     the covered employee.

     SEC. 3516. SUBMITTAL OF CLAIMS.

       (a) Claims Required.--A claim for compensation under this 
     subtitle shall be submitted to the Secretary of Labor in the 
     manner specified in section 8121 of title 5, United States 
     code.
       (b) General Time Limitations.--A claim for compensation 
     under this subtitle shall be filed under this section not 
     later than the later of--
       (1) seven years after the date of enactment of this title;
       (2) seven years after the date the claimant first becomes 
     aware that a cancer (including a specified cancer), chronic 
     silicosis, covered beryllium illness, or death from any of 
     the foregoing of a covered employee may be connected to the 
     exposure of the covered employee to beryllium, radiation, or 
     silica in the performance of duty.
       (c) New Period for Additional Illnesses and Conditions.--A 
     new period of limitation under subsection (b)(2) shall 
     commence with each new diagnosis of a cancer (including a 
     specified cancer), chronic silicosis, or covered beryllium 
     illness that is different from a previously diagnosed cancer 
     (including a specified cancer), chronic silicosis, or covered 
     beryllium illness.
       (d) Death Claim.--The timely filing of a disability claim 
     for a cancer (including a specified cancer), chronic 
     silicosis, or covered beryllium illness shall satisfy the 
     time requirements of this section for death benefits for the 
     same cancer (including a specified cancer), chronic 
     silicosis, or covered beryllium illness.

     SEC. 3517. ADJUDICATION AND ADMINISTRATION.

       (a) In General.--
       (1) Requirement.--The Secretary of Labor shall determine 
     and make a finding of fact and make an award for or against 
     payment of compensation under this subtitle after--
       (2) (A) considering the claim presented by the claimant, 
     the results of any medical test or diagnosis undertaken to 
     establish the existence of a cancer (including a specified 
     cancer), chronic silicosis, or covered beryllium illness, and 
     any report furnished by the Secretary of Energy with respect 
     to the claim; and
       (B) completing such investigation as the Secretary of Labor 
     considers necessary.
       (2) Scope of allowance and denial.--The Secretary may allow 
     or deny a claim, in whole or in part.
       (b) Available Authorities.--
       (1) In general.--Except as provided in paragraph (2), in 
     carrying out activities under subsection (c), the Secretary 
     of Labor may utilize the authorities available to 
     the Secretary under sections 8123, 8124(b), 8125, 8126, 
     8128(a), and 8129 of title 5, United States Code.
       (2) Disagreement.--If there is a disagreement under section 
     8123(a) of title 5, United States Code, between the physician 
     making the examination for the United States and the 
     physician of the employee, the Secretary of Labor shall 
     appoint a third physician from a roster of physicians with 
     relevant expertise maintained by the Secretary of Health and 
     Human Services.
       (c) Rights of Claimant.--
       (1) In general.--Except as provided by paragraph (2), the 
     provisions of section 8127 of title 5, United States Code, 
     shall apply.
       (2) Suits to compel information.--A claimant may commence 
     an action in the appropriate district court of the United 
     States against a beryllium vendor, or other contractor or 
     subcontractor of the Department of Energy, to compel the 
     production of information or documents requested by the 
     Secretary of Labor under this subtitle if such information or 
     documents are not provided

[[Page S4871]]

     within 180 days of the date of the request. Upon successful 
     resolution of any action brought under this paragraph, the 
     court shall award the claimant reasonable attorney fees and 
     costs to be paid by the defendant in such action.
       (d) Deadlines.--Beginning on the date that is two years 
     after the date of enactment of this title, the Secretary of 
     Labor shall allow or deny a claim under this section not 
     later than the later of--
       (1) 180 days after the date of submittal of the claim to 
     the Secretary under section 3516; or
       (2) 120 days after the date of receipt of information or 
     documents produced under subsection (c)(2).
       (e) Resolution of Reasonable Doubt.--Except as provided in 
     subsection (b)(2), in determining whether a claimant meets 
     the requirements of this subtitle, the Secretary of Labor 
     shall find in favor of the claimant in circumstances where 
     the evidence supporting the claim of the claimant and the 
     evidence controverting the claim of the claimant is in 
     equipoise.
       (f) Service of Decision.--The Secretary of Labor shall have 
     served upon a claimant the Secretary's decision denying the 
     claim under this section, including the finding of fact under 
     subsection (a)(1).
       (g) Hearings and Further Review.--
       (1) Regulations.--The Secretary of Labor may prescribe 
     regulations necessary for the administration and enforcement 
     of this title including regulations for the conduct of 
     hearings under this section.
       (2) Appeals panels.--
       (A) In general.--Regulations issued by the Secretary of 
     Labor under this title shall provide for one or more Energy 
     Employees' Compensation Appeals Panels of three individuals 
     with authority to hear and, subject to applicable law and the 
     regulations of the Secretary, make final decisions on appeals 
     taken from determinations and awards with respect to claims 
     of employees filed under this subtitle.
       (B) Interagency agreement.--Under an agreement between the 
     Secretary of Labor and another federal agency (except the 
     Department of Energy), a panel appointed by the other federal 
     agency may provide these appellate decision-making services.
       (3) Appeal.--An individual seeking review of a denial of an 
     award under this section shall submit an appeal in accordance 
     with the regulations under this subsection.
       (h) Reconsideration Based on New Criteria or Evidence.--
       (1) New criteria or methods for establishing work-related 
     illness.--A claimant may obtain reconsideration of a decision 
     awarding or denying coverage under this subtitle within one 
     year after the effective date of regulations setting forth--
       (A) new criteria for establishing a covered beryllium 
     illness pursuant to section 3504(b), or
       (B) additional or revised methods for determining whether a 
     cancer was as least as likely as not related to employment 
     pursuant to section 3211(c)(1)(B)(i)--

     by submitting evidence that is relevant and pertinent to the 
     new regulations.
       (2) New Evidence.--A covered employee or covered employee's 
     survivor may obtain reconsideration of a decision denying an 
     application for compensation or benefits 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.

             Subtitle B--Exposure to Other Toxic Substances

     SEC. 3521. DEFINITIONS.

       In this subtitle--
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Workers' Compensation Advocate under section 
     217 of the Department of Energy Organization Act, as added by 
     section 3538 of this Act.
       (2) Panel.--The term ``panel'' means a physicians panel 
     established under section 3522(d).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3522. AGREEMENTS WITH STATES.

       (a) Agreements.--The Secretary, through the Director, may 
     enter into agreements with the Governor of a State to provide 
     assistance to a Department of Energy contractor employee in 
     filing a claim under the appropriate State workers' 
     compensation system.
       (b) Procedure.--Pursuant to agreements under subsection 
     (a), the Director may--
       (1) establish procedures under which an individual may 
     submit an application for review and assistance under this 
     section, and
       (2) review an application submitted under this section and 
     determine whether the applicant submitted reasonable evidence 
     that--
       (A) the application was filed by or on behalf of a 
     Department of Energy contractor employee or employee's 
     estate, and
       (B) the illness or death of the Department of Energy 
     contractor employee may have been related to employment at a 
     Department of Energy facility.
       (c) Submittal of Applications to Panels.--If provided in an 
     agreement under subsection (a), and if the 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) Number of panels.--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) Appointment.--
       (A) In general.--The Secretary of Health and Human Services 
     shall appoint panel members with experience and competency in 
     diagnosing occupational illnesses under section 3109 of title 
     5, United States Code.
       (B) Compensation.--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) Duties.--A panel shall review an application submitted 
     to it by the Director and determine, under guidelines 
     established by the Director, by rule, whether the illness or 
     death that is the subject of the application arose out of and 
     in the course of employment by the Department of Energy and 
     exposure to a toxic substance at a Department of Energy 
     facility.
       (4) Additional information.--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 the panel's deliberations. A panel may consult 
     specialists in relevant fields it determines necessary.
       (5) Determinations.--Once a panel has made a determination 
     under paragraph (3), it shall report to the Director its 
     determination and the basis for the determination.
       (6) Inapplicability of FACA.--A panel established under 
     this section shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).
       (e) Assistance.--If provided in an agreement under 
     subsection (a)--
       (1) the 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;
       (2) as a result of the review under paragraph (1), the 
     Director shall accept the panel's determination in the 
     absence of compelling evidence to the contrary;
       (3) if the panel has made a positive determination under 
     subsection (d) and the Director accepts the determination 
     under paragraph (2), or the panel has made a negative 
     determination under subsection (d) and the Director finds 
     compelling evidence to the contrary--
       (A) the Director shall--
       (i) 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,
       (ii) 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
       (iii) 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; and
       (B) any costs of contesting a claim or an award regarding 
     the claim incurred by the contractor who employed the 
     Department of Energy contractor employee who is the subject 
     of the claim shall not be an allowable cost under a 
     Department of Energy contract.
       (f) Information.--At the request of the 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.
       (g) GAO Report.--Not later than February 1, 2002, the 
     Comptroller General shall submit a report to the Congress 
     evaluating the implementing by the Department of Energy of 
     the provisions of this subtitle and of the effectiveness of 
     the program under this subtitle in providing compensation to 
     Department of Energy contractor employees for occupational 
     illness.

                     Subtitle C--General Provisions

     SEC. 3531. TREATMENT OF COMPENSATION AND BENEFITS.

       (a) In General.--Any compensation or benefits allowed, 
     paid, or provided under this title--
       (1) shall not be considered income for purposes of the 
     Internal Revenue Code, and shall not be subject to Federal 
     income tax under the internal revenue laws of the United 
     States;
       (2) shall not be included a 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
       (3) shall not be subject to offset under chapter 37 of 
     title 31, United States Code.
       (b) Insurance.--(1) Compensation or benefits paid or 
     provided under this title shall not be considered as any form 
     of compensation or reimbursement for a loss for purposes of 
     imposing liability on an individual receiving the 
     compensation or benefits to repay

[[Page S4872]]

     any insurance carrier for insurance payments made.
       (2) The payment or provision of compensation or benefits 
     under this title shall not be treated as affecting any claim 
     against an insurance carrier with respect to insurance.
       (c) Prohibition on Assignment or Attachment of Claims.--The 
     provisions of section 8130 of title 5, United States Code, 
     shall apply to claims under this title.
       (d) Retention of Civil Service Rights.--If a Federal 
     employee found to be disabled under this title 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. 3532. FORFEITURE OF BENEFITS BY CONVICTED FELONS.

       (a) Forfeit Compensation.--Any 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 such conviction) any 
     entitlement to any benefit under this title such individual 
     would otherwise be awarded for any injury, illness or death 
     covered by this title 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 Secretary of Labor takes under 
     sections 8106 or 8129 of title 5, United States Code.
       (b) Dependents.--(1) Notwithstanding any other provision of 
     law, except as provided under paragraph (2), compensation 
     under this title shall not be paid or provided to an 
     individual during any period during which such individual is 
     confined in a jail, prison, or other penal institution or 
     correctional facility, pursuant to that individual's 
     conviction of an offense that constituted a felony under 
     applicable law. After this period of incarceration ends, the 
     individual shall not received 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 
     Secretary of Labor may, during the period of incarceration, 
     pay to such 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 Secretary 
     of Labor, upon written request from the Secretary of Labor 
     and if the Secretary of Labor 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. 3533. LIMITATION ON RIGHT TO RECEIVE BENEFITS.

       (a) Claimant.--A claimant who receives compensation for any 
     claim under this title, except for compensation provided 
     under the authority of section 8103(b) of title 5, United 
     States Code, shall not receive compensation for any other 
     claim under this title.
       (b) Survivor.--If a survivor receives compensation for any 
     claim under this title derived from a covered employee, 
     except for compensation provided under the authority of 
     section 8103(b) of title 5, United States Code, such survivor 
     shall not receive compensation for any other claim under this 
     title derived from the same covered employee. A survivor of a 
     claimant who receives compensation for any claim under this 
     title, except for compensation provided under the authority 
     of section 8103(b) of title 5, United States Code, shall not 
     receive compensation for any other claim under this title 
     derived from the same covered employee.
       (c) Widow or Widower.--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.

     SEC. 3534. COORDINATION OF BENEFITS--STATE WORKERS' 
                   COMPENSATION.

       (a) In General.--An individual who is eligible to receive 
     compensation under this title because of a cancer (including 
     a specified cancer), chronic silicosis, covered beryllium 
     illness, or death and who is also entitled to receive 
     benefits because of the same cancer (including a specified 
     cancer), chronic silicosis, covered beryllium illness, or 
     death from a State workers' compensation system shall elect 
     which such benefits to receive, unless--
       (1) at the time of injury, workers' compensation coverage 
     for the employee was secured by a policy or contract of 
     insurance; and
       (2) the Secretary of Labor waives the requirement to make 
     such an election.
       (b) Election.--The individual shall make the election 
     within the time allowed by the Secretary of Labor. The 
     election when made is irrevocable and binding on all 
     survivors of that individual.
       (c) Coordination.--Except as provided in paragraph (d), an 
     individual who has been awarded compensation under this title 
     and who also has received benefits from a State workers' 
     compensation system because of the same cancer (including a 
     specified cancer), chronic silicosis, covered beryllium 
     illness, or death, shall receive compensation as specified 
     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 
     cancer (including a specified cancer), chronic silicosis, 
     covered beryllium illness, or death attributable to the 
     period subsequent to the effective date of this title, after 
     deducting the reasonable costs, as determined by the 
     Secretary of Labor, of obtaining benefits under the State 
     workers' compensation system.
       (d) Waiver.--An individual described in paragraph (a) who 
     has also received, under paragraph (a)(2), a waiver of the 
     requirement to elect between compensation under this title 
     and benefits under a State workers' compensation system shall 
     receive compensation as specified in this title for the 
     cancer (including a specified cancer), chronic silicosis, 
     covered beryllium illness, or death, reduced by eighty 
     percent of the net amount of any workers' compensation 
     benefits that the claimant has received under a State 
     workers' compensation system attributable to the period 
     subsequent to the effective date of this title, after 
     deducting the reasonable costs, as determined by the 
     Secretary of Labor, of obtaining benefits under the State 
     workers' compensation system.

     SEC. 3535. COORDINATION OF BENEFITS--FEDERAL WORKERS' 
                   COMPENSATION.

       (a) In General.--An individual who is eligible to receive 
     compensation under this title because of a cancer (including 
     a specified cancer), chronic silicosis, covered beryllium 
     illness, or death and who is also entitled to receive 
     benefits because of the same cancer (including a specified 
     cancer), chronic silicosis, covered beryllium illness, or 
     death from another Federal workers' compensation system shall 
     elect which such benefits to receive.
       (b) Election.--The individual shall make the election 
     within the time allowed by the Secretary of Labor. The 
     election when made is irrevocable and binding on all 
     survivors of that individual.
       (c) Coordination.--An individual who has been awarded 
     compensation under this title and who also has received 
     benefits from another Federal workers' compensation system 
     because of the same cancer (including a specified cancer), 
     chronic silicosis, covered beryllium illness, or death, shall 
     receive compensation as specified under this title reduced by 
     the amount of any workers' compensation benefits that the 
     individual has received under the other Federal workers 
     compensation system as a result of the cancer (including a 
     specified cancer), chronic silicosis, covered beryllium 
     illness, or death.

     SEC. 3536. RECEIPT OF BENEFITS--OTHER STATUTES.

       An individual may not receive compensation under this title 
     for cancer and also receive compensation under the Radiation 
     Exposure Compensation Act (42 U.S.C. 2210 note) or the 
     Radiation-Exposed Veterans Compensation Act (38 U.S.C. 
     112(c)).

     SEC. 3537. DUAL COMPENSATION-FEDERAL EMPLOYEES.

       (A) Limitation.--While a federal employee is receiving 
     compensation under this title, or such employee has been paid 
     a lump sum in commutation of installment payments until the 
     expiration of the period during which the installment 
     payments would have continued, such employee may not receive 
     salary, pay, or remuneration of any type from the United 
     States, except--
       (1) in return for service actually performed;
       (2) pension for service in the Army, Navy or Air Force;
       (3) other benefits administrated by the Department of 
     Veterans Affair unless such benefits are payable for the same 
     covered illness or the same death; and
       (4) retired pay, retirement pay, retainer pay, or 
     equivalent pay for service in the Armed Forces or other 
     uniformed service.

     However, eligibility for or receipt of benefits under 
     subchapter III of chapter 83 of title 5, United States Code, 
     or another retirement system for employees of the Government, 
     does not impair the right of the employee to compensation for 
     scheduled disabilities specified by section 8107 of title 5, 
     United States Code.

     SEC. 3538. DUAL COMPENSATION--OTHER EMPLOYEES.

       An individual entitled to receive compensation under this 
     title because of a cancer (including a specified cancer), 
     chronic silicosis, covered beryllium illness, or death 
     covered by this title of a covered employee, who also is 
     entitled to receive from the United States under a provision 
     of a statute other than this title payments or benefits for 
     that injury, illness or death (except proceeds of an 
     insurance policy), because of service by such employee (or in 
     the case of death, by the deceased as an employee or in the 
     armed forces, shall elect which benefits to receive. The 
     individual shall make the election within the time allowed by 
     the Secretary of Labor. The election when made is 
     irrevocable, except as otherwise provided by statue

     SEC. 3539. EXCLUSIVITY OF REMEDY AGAINST THE UNITED STATES, 
                   CONTRACTORS, AND SUBCONTRACTORS.

       (a) In General.--The liability of the United States or an 
     instrumentality of the United States under this title with 
     respect to a cancer (including a specified cancer), Chronic 
     silicosis, covered beryllium illness, or death of a covered 
     employee is exclusive and instead of all other liability--

[[Page S4873]]

       (1) of--
       (A) the United States;
       (B) any instrumentality of the United States;
       (C) a contractor that contracted with the Department of 
     Energy to provide management and operation, management and 
     integration, or environmental remediation of a Department of 
     Energy facility (in its capacity as a contractor);
       (D) a subcontractor that provided services, including 
     construction, at a Department of Energy facility (in its 
     capacity as a subcontractor); and
       (E) an employee, agent, or assign of an entity specified in 
     subparagraphs (A) through (D)--
       (2) to--
       (A) the covered employee;
       (B) the covered employee's legal representative, spouse, 
     dependents, survivors and next of kin, and
       (C) any other person, including any third party as to whom 
     the covered employee has a cause of action relating to the 
     cancer (including a specified cancer), chronic silicosis, 
     covered beryllium illness, or death, otherwise entitled to 
     recover damages from the United States, the instrumentality, 
     the contractor, the subcontractor, or the employee, agent, or 
     assign of one of them--

     because of the cancer (including a specified cancer), chronic 
     silicosis, covered beryllium illness, or death in any 
     proceeding or action including a direct judicial proceeding, 
     a civil action, a proceeding in admiralty, or a proceeding 
     under a tort liability statue or the common law.
       (b)Applicability.--This section applies to all cases filed 
     on after July 31, 2000.
       (c) Workers' Compensation.--This section does not apply to 
     an administrative or judicial proceeding under a State or 
     Federal workers' compensation statute subject to sections 
     3534 through 3538.

     SEC. 3540 ELECTION OF REMEDY AGAINST BERYLLIUM VENDORS AND 
                   ATOMIC WEAPONS EMPLOYERS.

       (a) Beryllium Vendors.--If an individual elects to accept 
     payment under this title with respect to a covered beryllium 
     illness or death of a covered employee, that acceptance of 
     payment shall be in full settlement of all tort claims 
     related to such covered beryllium illness or death--
       (1) against--
       (A) a beryllium vendor or a contractor or subcontractor of 
     a beryllium vendor; and
       (B) an employee, agent, or assign of a beryllium vendor or 
     of a contractor or subcontractor of a beryllium vendor;
       (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 
     a covered employee has a cause of action relating to the 
     covered beryllium illness or death, otherwise entitled to 
     recover damages from the beryllium vendor, the contractor or 
     subcontractor of the beryllium vendor, or the employee, 
     agent, or assign of the beryllium vendor, of the contractor 
     or subcontractor of the beryllium vendor--

     that arise out of the covered beryllium illness or death in 
     any proceeding or action including a direct judicial 
     proceeding, a civil action, a proceeding in admiralty, or 
     proceeding under a tort liability statute or the common law.
       (b) Atomic Weapons Employer.--If an individual elects to 
     accept payment under this title with respect to a cancer 
     (including a specified cancer) or death of a covered 
     employee, that acceptance of payment shall be in full 
     settlement of all tort claims--
       (1) against--
       (A) an atomic weapons employer; and
       (C) an employee, agent, or assign of an atomic weapons 
     employer;
       (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 party as to whom a 
     covered employee has a cause of action relating to the cancer 
     (including a specified cancer) or death, otherwise entitled 
     to recover damages from the atomic weapons employer, or the 
     employee, agent, or assign of the atomic weapons employer--

     that arise out of the cancer (including a specified cancer) 
     or death in any proceeding or action including a direct 
     judicial proceeding, a civil action, a proceeding in 
     admiralty, or proceeding under a tort liability statute or 
     the common law.
       (c) Applicability.--
       (1) In general.--With respect to a case filed after the 
     date of enactment of this title, alleging liability of--
       (A) a beryllium vendor or a contractor or subcontractor of 
     a beryllium vendor for a covered beryllium illness or death 
     of a covered beryllium employee; or
       (B) an atomic weapons employer for a cancer (including a 
     specified cancer) or death of a covered employee--

     the plaintiff shall not be eligible for benefits under this 
     title unless the plaintiff files such case within the 
     applicable time limits in paragraph (2).
       (2) Time limits.--
       (A) Suits against beryllium vendors.--Except as provided in 
     subparagraph (B), a case described in paragraph (1)(A) shall 
     be filed not later than the later of--
       (i) 180 days after the date of enactment of this title; or
       (ii) 180 days after the date the plaintiff first becomes 
     aware that a covered beryllium illness or death of a covered 
     beryllium employee may be connected to the exposure of the 
     covered employee to beryllium in the performance of duty.
       (B) New Diagnoses.--A new period of limitation under 
     subparagraph (A)(ii) shall commence with each new diagnosis 
     of a covered beryllium illness that is different from a 
     previously diagnosed covered beryllium illness.
       (C) Suits against atomic weapons employers.--Except as 
     provided in subparagraph (D), a case described in paragraph 
     (1)(B) shall be filed not later than the later of--
       (i) 180 days after the date of enactment of this title; or
       (ii) 180 days after the date the plaintiff first becomes 
     aware that a cancer (including a specified cancer) or death 
     of a covered employee may be connected to the exposure of the 
     covered employee to radiation in the performance of duty.
       (D) New diagnoses.--A new period of limitation under 
     subparagraph (C)(ii) shall commence with each new diagnosis 
     of a cancer (including a specified cancer) that is different 
     from a previously diagnosed cancer.
       (c) Workers' Compensation.--This section does not apply to 
     an administrative or judicial proceeding under a State or 
     Federal workers' compensation statute subject to sections 
     3534 through 3538.

     SEC. 3541. SUBROGATION OF THE UNITED STATES.

       (a) In General.--If a cancer (including a specified 
     cancer), covered beryllium illness, chronic silicosis, 
     disability, or death for which compensation is payable under 
     this title 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, shall apply, except to the extent specified in this 
     title.
       (b) Appearance of Employee.--For the purposes of this 
     title, the provision in 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 shall only apply to a Federal employee.

     SEC. 3542. ENERGY EMPLOYEES' OCCUPATIONAL ILLNESS 
                   COMPENSATION FUND.

       (a) Establishment.--There is hereby established on the 
     books of the Treasury a fund to be known as the Energy 
     Employees' Occupational Illness Compensation Fund. The 
     Secretary of the Treasury shall transfer to the Fund from the 
     general fund of the Treasury the amounts necessary to carry 
     out the purposes of this title.
       (b) Use of the Fund.--Amounts in the Fund shall be used for 
     the payment of compensation under this title and other 
     benefits and expenses authorized by this title or any 
     extension or application thereof, and for payment of all 
     expenses of the administration of this title.
       (c) Cost Determinations.--(1) Within 45 days of the end of 
     every quarter of every fiscal year, the Secretary of Labor 
     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) In making the determination under paragraph (1), the 
     Secretary of Labor shall include, without amendment, 
     information provided by the Secretary of Energy and the 
     Secretary of Health and Human Services on the total costs and 
     amounts anticipated to be needed for their activities under 
     this title.
       (3) 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.
       (d) Assuring Available Balance in the Fund.--Upon 
     application of the Secretary of Labor, the Secretary of 
     Treasury shall advance such sums from the Treasury as are 
     projected by the Secretary of Labor to be necessary, for the 
     period of time equaling the date of a projected deficiency in 
     the Fund through ninety days following the end of the fiscal 
     year, for the payment of compensation and other benefits and 
     expenses authorized by this title or any extension or 
     application thereof, and for payment of all expenses of 
     administering this title.

     SEC. 3543. 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 enactment of this title.

     SEC. 3544. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Section 1920 of title 18 is amended by inserting in the 
     title ``or Energy employee's'' after ``Federal employee's'' 
     and by inserting ``or the Energy Employees' Occupational 
     Illness Compensation Act of 2000'' after ``title 5''.
       (b) Section 1921 of title 18 is amended by inserting in the 
     title ``or Energy employees'' after ``Federal employees'' and 
     by inserting ``or the Energy Employees' Occupational Illness 
     Compensation Act of 2000'' after ``title 5''.

[[Page S4874]]

       (c) Section 210(a)(1) of the Energy Reorganization Act of 
     1974 (42 U.S.C. 5851(a)(1)) is amended by--
       (1) in subparagraph (E), striking ``or;'' and inserting 
     ``;'',
       (2) in subparagraph (F), striking the period and inserting 
     ``; or '', and
       (3) after subparagraph (F) inserting a new subparagraph as 
     follows:
       ``(G) filed an application for benefits or assistance under 
     the Energy Employees Occupational Illness Compensation Act of 
     2000''.
       (d) Title II of the Department of Energy Organization Act 
     (P.L. 95-91) is amended by adding at the end of the title the 
     following:


               ``office of workers' compensation advocate

       ``Sec. 217. (a) There shall be within the Department an 
     Office of Workers' Compensation Advocate. The Office shall be 
     headed by a Director who shall be appointed by the Secretary. 
     The Director shall be compensated at the rate provided for in 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       ``(b) The Director shall be responsible for providing 
     information, research reports, and studies to support the 
     implementation of the Energy Employees' Occupational Illness 
     Compensation Act of 2000. Not later than 90 days after the 
     date of enactment of this section, the Director shall enter 
     into memoranda of agreement to provide for coordination of 
     the efforts of the office with the Department of Labor and 
     the Department of Health and Human Services.
       ``(c) The Director shall coordinate efforts within the 
     Department to collect and make available to present and 
     former employees of the Department and its predecessor 
     agencies, present and former employees of contractors and 
     subcontractors to the Department and its predecessor 
     agencies, and other individuals who are or were present at 
     facilities owned or operated by the Department or its 
     predecessor agencies information on occupational conditions 
     and exposures to health hazards. Such information shall 
     include information on substances and their chemical forms to 
     which employees may have been exposed, records and studies 
     relevant to determining occupational hazards, raw dosimetry 
     and industrial hygiene data, results from medical screening 
     programs, accident and other relevant occurrence reports, and 
     reports, assessments, or reviews by contractors, consultants, 
     or external entities relevant to assessing risk of 
     occupational hazards or illness.
       ``(d) If the Director determines that--
       (1) an entity within the Department or an entity that is 
     the recipient of a Departmental grant, contract, or 
     cooperative agreement possesses information necessary to 
     carry out the provisions of the Energy Employees' 
     Occupational Illness Compensation Act of 2000, and
       (2) the production and sharing of that information under 
     the provisions of the Energy Employee's Occupational Illness 
     Compensation Act of 2000 is being unreasonably delayed--
     the Director shall have the authority, notwithstanding 
     section 3213 of the National Nuclear Security Administration 
     Act, to direct such entity to produce expeditiously such 
     information in accordance with the provisions of this section 
     and the Energy Employees' Occupational Illness Compensation 
     Act of 2000.
       ``(e) The Director shall take actions to inform and assist 
     potential claimants under the Energy Employees' Occupational 
     Illness Compensation Act of 2000, pursuant to section 3515(e) 
     of such Act.''.
                                 ______
                                 

                        LEVIN AMENDMENT NO. 3251

  Mr. LEVIN proposed an amendment to the bill, S. 2549, supra; as 
follows:

       Beginning on page 144, strike line 22 and all that follows 
     through page 145, line 4, and insert the following:
     may be, only if the court finds that recommendation or action 
     was contrary to law or involved a material error of fact or a 
     material administrative error.
       On page 145, strike lines 8 through 12, and insert the 
     following:
     only if the court finds the decision to be arbitrary or 
     capricious, not based on substantial evidence, or otherwise 
     contrary to law.
       On page 148, line 24, strike ``of Defense'' and insert 
     ``concerned''.
                                 ______
                                 

                 MURRAY (AND SNOWE) AMENDMENT NO. 3252

  (Ordered to lie on the table.)
  Mrs. MURRAY (for herself and Ms. Snowe) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       On page 270, between lines 16 and 17, insert the following:

     SEC. 743. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``Restriction on Use of 
     Funds.--''.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 3253

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself, Mr. Levin, Mr. Lugar, Mr. Biden, Mr. 
Bingaman, Mr. Craig, and Mr. Thompson) submitted an amendment intended 
to be proposed by them to the bill, S. 2549, supra; as follows:

       On page 610, between lines 13 and 14, insert the following:

             Subtitle F--Russian Nuclear Complex Conversion

     SEC. 3191. SHORT TITLE.

       This subtitle may be cited as the ``Russian Nuclear Weapons 
     Complex Conversion Act of 2000''.

     SEC. 3192. FINDINGS.

       Congress makes the following findings:
       (1) The Russian nuclear weapons complex has begun closure 
     and complete reconfiguration of certain weapons complex 
     plants and productions lines. However, this work is at an 
     early stage. The major impediments to downsizing have been 
     economic and social conditions in Russia. Little information 
     about this complex is shared, and 10 of its most sensitive 
     cities remain closed. These cities house 750,000 people and 
     employ approximately 150,000 people in nuclear military 
     facilities. Although the Russian Federation Ministry of 
     Atomic Energy has announced the need to significantly 
     downsize its workforce, perhaps by as much as 50 percent, it 
     has been very slow in accomplishing this goal. Information on 
     the extent of any progress is very closely held.
       (2) The United States, on the other hand, has significantly 
     downsized its nuclear weapons complex in an open and 
     transparent manner. As a result, an enormous asymmetry now 
     exists between the United States and Russia in nuclear weapon 
     production capacities and in transparency of such capacities. 
     It is in the national security interest of the United States 
     to assist the Russian Federation in accomplishing significant 
     reductions in its nuclear military complex and in helping it 
     to protect its nuclear weapons, nuclear materials, and 
     nuclear secrets during such reductions. Such assistance will 
     accomplish critical nonproliferation objectives and provide 
     essential support towards future arms reduction agreements. 
     The Russian Federation's program to close and reconfigure 
     weapons complex plants and production lines will address, if 
     it is implemented in a significant and transparent manner, 
     concerns about the Russian Federation's ability to quickly 
     reconstitute its arsenal.
       (3) Several current programs address portions of the 
     downsizing and nuclear security concerns. The Nuclear Cities 
     Initiative was established to assist Russia in creating job 
     opportunities for employees who are not required to support 
     realistic Russian nuclear security requirements. Its focus 
     has been on creating commercial ventures that can provide 
     self-sustaining jobs in three of the closed cities. The 
     current scope and funding of the program are not commensurate 
     with the scale of the threats to the United States sought to 
     be addressed by the program.
       (4) To effectively address threats to United States 
     national security interests, progress with respect to the 
     nuclear cities must be expanded and accelerated. The Nuclear 
     Cities Initiative has laid the groundwork for an immediate 
     increase in investment which offers the potential for prompt 
     risk reduction in the cities of Sarov, Snezhinsk, and 
     Zheleznogorsk, which house four key Russian nuclear 
     facilities. Furthermore, the Nuclear Cities Initiative has 
     made considerable progress with the limited funding 
     available. However, to gain sufficient advocacy for 
     additional support, the program must demonstrate--
       (A) rapid progress in conversion and restructuring; and
       (B) an ability for the United States to track progress 
     against verifiable milestones that support a Russian nuclear 
     complex consistent with their future national security 
     requirements.
       (5) Reductions in the nuclear weapons-grade material stocks 
     in the United States and Russia enhance prospects for future 
     arms control agreements and reduce concerns that these 
     materials could lead to proliferation risks. Confidence in 
     both nations will be enhanced by knowledge of the extent of 
     each nation's stockpiles of weapons-grade materials. The 
     United States already makes this information public.
       (6) Many current programs contribute to the goals stated 
     herein. However, the lack of programmatic coordination within 
     and among United States Government agencies impedes the 
     capability of the United States to make rapid progress. A 
     formal single point of coordination is essential to ensure 
     that all United States programs directed at cooperative 
     threat reduction, nuclear materials reduction and protection, 
     and the downsizing, transparency, and nonproliferation of the 
     nuclear weapons complex effectively mitigate the risks 
     inherent in the Russian Federation's military complex.
       (7) Specialists in the United States and the former Soviet 
     Union trained in nonproliferation studies can significantly 
     assist in the downsizing process while minimizing the threat 
     presented by potential proliferation of weapons materials or 
     expertise.

     SEC. 3193. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES 
                   INITIATIVE.

       (a) In General.--The Secretary of Energy shall, in 
     accordance with the provisions of this section, take 
     appropriate actions to expand and enhance the activities 
     under the Nuclear Cities Initiative in order to--
       (1) assist the Russian Federation in the downsizing of the 
     Russian Nuclear Complex; and
       (2) coordinate the downsizing of the Russian Nuclear 
     Complex under the Initiative

[[Page S4875]]

     with other United States nonproliferation programs.
       (b) Enhanced Use of MINATOM Technology and Research and 
     Development Services.--In carrying out actions under this 
     section, the Secretary shall facilitate the enhanced use of 
     the technology, and the research and development services, of 
     the Russia Ministry of Atomic Energy (MINATOM) by--
       (1) fostering the commercialization of peaceful, non-
     threatening advanced technologies of the Ministry through the 
     development of projects to commercialize research and 
     development services for industry and industrial entities; 
     and
       (2) authorizing the Department of Energy, and encouraging 
     other departments and agencies of the United States 
     Government, to utilize such research and development services 
     for activities appropriate to the mission of the Department, 
     and such departments and agencies, including activities 
     relating to--
       (A) nonproliferation (including the detection and 
     identification of weapons of mass destruction and 
     verification of treaty compliance);
       (B) global energy and environmental matters; and
       (C) basic scientific research of benefit to the United 
     States.
       (c) Acceleration of Nuclear Cities Initiative.--(1) In 
     carrying out actions under this section, the Secretary shall 
     accelerate the Nuclear Cities Initiative by implementing, as 
     soon as practicable after the date of the enactment of this 
     Act, programs at the nuclear cities referred to in paragraph 
     (2) in order to convert significant portions of the 
     activities carried out at such nuclear cities from military 
     activities to civilian activities.
       (2) The nuclear cities referred to in this paragraph are 
     the following:
       (A) Sarov (Arzamas-16).
       (B) Snezhinsk (Chelyabinsk-70).
       (C) Zheleznogorsk (Krasnoyarsk-26).
       (3) To advance nonproliferation and arms control 
     objectives, the Nuclear Cities Initiative is encouraged to 
     begin planning for accelerated conversion, commensurate with 
     available resources, in the remaining nuclear cities.
       (4) Before implementing a program under paragraph (1), the 
     Secretary shall establish appropriate, measurable milestones 
     for the activities to be carried out in fiscal year 2001.
       (d) Plan for Restructuring the Russian Nuclear Complex.--
     (1) The President, acting through the Secretary of Energy, is 
     urged to enter into negotiations with the Russian Federation 
     for purposes of the development by the Russian Federation of 
     a plan to restructure the Russian Nuclear Complex in order to 
     meet changes in the national security requirements of Russia 
     by 2010.
       (2) The plan under paragraph (1) should include the 
     following:
       (A) Mechanisms to achieve a nuclear weapons production 
     capacity in Russia that is consistent with the obligations of 
     Russia under current and future arms control agreements.
       (B) Mechanisms to increase transparency regarding the 
     restructuring of the nuclear weapons complex and weapons-
     surplus nuclear materials inventories in Russia to the levels 
     of transparency for such matters in the United States, 
     including the participation of Department of Energy officials 
     with expertise in transparency of such matters.
       (C) Measurable milestones that will permit the United 
     States and the Russian Federation to monitor progress under 
     the plan.
       (e) Encouragement of Careers in Nonproliferation.--(1) In 
     carrying out actions under this section, the Secretary shall 
     carry out a program to encourage students in the United 
     States and in the Russian Federation to pursue a career in an 
     area relating to nonproliferation.
       (2) Of the amounts under subsection (f), such amounts as 
     may be appropriated for purpose of the program under 
     paragraph (1) shall be available for purposes of the program.
       (f) Funding for Fiscal Year 2001.--There is hereby 
     authorized such funds as may be appropriated for the 
     Department of Energy for fiscal year 2001 for purposes of the 
     Nuclear Cities Initiative, including activities under this 
     section.
       (g) Sense of Congress Regarding Funding for Fiscal Years 
     after Fiscal Year 2001.--It is the sense of Congress that the 
     availability of funds for the Nuclear Cities Initiative in 
     fiscal years after fiscal year 2001 should be contingent 
     upon--
       (1) demonstrable progress in the programs carried out under 
     subsection (c), as determined utilizing the milestones 
     required under paragraph (4) of that subsection; and
       (2) the development and implementation of the plan required 
     by subsection (d).

     SEC. 3194. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A 
                   NATIONAL COORDINATOR FOR NONPROLIFERATION 
                   MATTERS.

       It is the sense of Congress that--
       (1) there should be a National Coordinator for 
     Nonproliferation Matters to coordinate--
       (A) the Nuclear Cities Initiative;
       (B) the Initiatives for Proliferation Prevention program;
       (C) the Cooperative Threat Reduction programs;
       (D) the materials protection, control, and accounting 
     programs; and
       (E) the International Science and Technology Center; and
       (2) the position of National Coordinator for 
     Nonproliferation Matters should be similar, regarding 
     nonproliferation matters, to the position filled by 
     designation of the President under section 1441(a) of the 
     Defense Against Weapons of Mass Destruction Act of 1996 
     (title XIV of Public Law 104-201; 110 Stat. 2727; 50 U.S.C. 
     2351(a)).

     SEC. 3195. DEFINITIONS.

       In this subtitle:
       (1) Nuclear city.--The term ``nuclear city'' means any of 
     the closed nuclear cities within the complex of the Russia 
     Ministry of Atomic Energy (MINATOM) as follows:
       (A) Sarov (Arzamas-16).
       (B) Zarechnyy (Penza-19).
       (C) Novoural'sk (Sverdlovsk-44).
       (D) Lesnoy (Sverdlovsk-45).
       (E) Ozersk (Chelyabinsk-65).
       (F) Snezhinsk (Chelyabinsk-70).
       (G) Trechgornyy (Zlatoust-36).
       (H) Seversk (Tomsk-7).
       (I) Zhelenznogorsk (Krasnoyarsk-26).
       (J) Zelenogorsk (Krasnoyarsk-45).
       (2) Russian nuclear complex.--The term ``Russian Nuclear 
     Complex'' refers to all of the nuclear cities.
                                 ______
                                 

                   DOMENICI AMENDMENTS NOS. 3254-3258

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted five amendments intended to be proposed by him 
to the bill, S. 2549, supra; as followed:

                           Amendment No. 3254

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. INFORMATION WARFARE AND VULNERABILITY ANALYSIS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army, the amount available for 
     Survivability/Lethality Analysis (PE605604A) is hereby 
     increased by $16,000,000.
       (2) Of the amounts available under this Act for 
     Survivability/Lethality Analysis, as increased by paragraph 
     (1), $16,000,000 shall be available for Information Warfare 
     and Vulnerability Analysis in order to ensure the 
     survivability of the digitized systems and networked 
     decision-making structures of the Army against asymmetric 
     threats.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army, the amount available for EW 
     Development (PE604270A) is hereby reduced by $16,000,000.
                                  ____


                           Amendment No. 3255

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. LASERSPARK COUNTERMEASURES PROGRAM.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force, the amount available 
     for Advanced Technology (PE603605F) is hereby increased by 
     $5,000,000.
       (2) Of the amounts available under this Act for Advanced 
     Technology, as increased by paragraph (1), $5,000,000 shall 
     be available for the LaserSpark countermeasures program.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force, the amount available for the 
     Joint Strike Fighter (PE603800F) is hereby reduced by 
     $5,000,000.
                                  ____


                           Amendment No. 3256

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. GEOSYNCHRONOUS LASER IMAGING TESTBED PROGRAM.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force, the amount available 
     for Advanced Technology (PE603605F) is hereby increased by 
     $5,000,000.
       (2) Of the amounts available under this Act for Advanced 
     Technology, as increased by paragraph (1), $5,000,000 shall 
     be available for the Geosynchronous Laser Imaging Testbed 
     (GLINT) program for very high altitude and deep space object 
     identification and capabilities analysis.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force, the amount available for the 
     Joint Strike Fighter (PE603800F) is hereby reduced by 
     $5,000,000.
                                  ____


                           Amendment No. 3257

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. RADIO FREQUENCY WEAPONS ANALYSIS.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by

[[Page S4876]]

     section 201(3) for research, development, test, and 
     evaluation for the Air Force, the amount available for 
     Intelligence Equipment (PE604750F) is hereby increased by 
     $5,300,000.
       (2) Of the amounts available under this Act for 
     Intelligence Equipment, as increased by paragraph (1), 
     $5,300,000 shall be available for analysis of the 
     capabilities and characteristics of terrorist Radio Frequency 
     weapons to evaluate the susceptibilities of United States 
     systems to such weapons.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(3) for research, development, test, and 
     evaluation for the Air Force, the amount available for the 
     Joint Strike Fighter (PE603800F) is hereby reduced by 
     $5,300,000.
                                  ____


                           Amendment No. 3258

       On page 48, between lines 20 and 21, insert the following:

     SEC. 222. SILICON-BASED NANOSTRUCTURES PROGRAM.

       (a) Availability of Funds.--(1) Of the amount authorized to 
     be appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide, the amount available for 
     Logistics Research and Development Technology Demonstration 
     (PE603712S) is hereby increased by $5,000,000.
       (2) Of the amounts available under this Act for Logistics 
     Research and Development Technology Demonstration, as 
     increased by paragraph (1), $5,000,000 shall be available for 
     a Silicon-Based Nanostructures Program to facilitate the 
     economic and efficient upgrade of mission critical systems 
     through computer chip replacement.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation Defense-wide, the amount available for Extensible 
     Information Systems (PE602302E) is hereby reduced by 
     $5,000,000.
                                 ______
                                 

                DOMENICI (AND OTHERS) AMENDMENT NO. 3259

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself, Mrs. Hutchison, and Mr. Bingaman) 
submitted an amendment intended to be proposed by them to the bill, S. 
2549, supra; as follows:

       On page 353, between lines 15 and 16, insert the following:

     SEC. 914. COORDINATION AND FACILITATION OF DEVELOPMENT OF 
                   DIRECTED ENERGY TECHNOLOGIES, SYSTEMS, AND 
                   WEAPONS.

       (a) Findings.--Congress makes the following findings:
       (1) Directed energy systems are available to address many 
     current challenges with respect to military weapons, 
     including offensive weapons and defensive weapons.
       (2) Directed energy weapons offer the potential to maintain 
     an asymmetrical technological edge over adversaries of the 
     United States for the foreseeable future.
       (3) It is in the national interest that funding for 
     directed energy science and technology programs be increased 
     in order to support priority acquisition programs and to 
     develop new technologies for future applications.
       (4) It is in the national interest that the level of 
     funding for directed energy science and technology programs 
     correspond to the level of funding for large-scale 
     demonstration programs in order to ensure the growth of 
     directed energy science and technology programs and to ensure 
     the successful development of other weapons systems utilizing 
     directed energy systems.
       (5) The industrial base for several critical directed 
     energy technologies is in fragile condition and lacks 
     appropriate incentives to make the large-scale investments 
     that are necessary to address current and anticipated 
     Department of Defense requirements for such technologies.
       (6) It is in the national interest that the Department of 
     Defense utilize and expand upon directed energy research 
     currently being conducted by the Department of Energy, other 
     Federal agencies, the private sector, and academia.
       (7) It is increasingly difficult for the Federal Government 
     to recruit and retain personnel with skills critical to 
     directed energy technology development.
       (8) The implementation of the recommendations contained in 
     the High Energy Laser Master Plan of the Department of 
     Defense is in the national interest.
       (9) Implementation of the management structure outlined in 
     the Master Plan will facilitate the development of 
     revolutionary capabilities in directed energy weapons by 
     achieving a coordinated and focused investment strategy under 
     a new management structure featuring a joint technology 
     office with senior-level oversight provided by a technology 
     council and a board of directors.
       (b) Coordination and Oversight Under High Energy Laser 
     Master Plan.--(1) Subchapter II of Chapter 8 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 204. Joint Technology Office

       ``(a) Establishment.--(1) There is in the Department of 
     Defense a Joint Technology Office (in this section referred 
     to as the `Office').
       ``(2) The Office shall be part of the National Directed 
     Energy Center at Kirtland Air Force Base, New Mexico.
       ``(3) The Office shall be under the authority, direction, 
     and control of the Deputy Under Secretary of Defense for 
     Science and Technology.
       ``(b) Staff.--(1) The head of the Office shall be a 
     civilian employee of the Department of Defense in the Senior 
     Executive Service who is designated by the Secretary of 
     Defense for that purpose. The head of the Office shall be 
     known as the `Director of the Joint Technology Office'.
       ``(2) The Secretary of Defense shall provide the Office 
     such civilian and military personnel and other resources as 
     are necessary to permit the Office to carry out its duties 
     under this section.
       ``(c) Duties.--The duties of the Office shall be to--
       ``(1) develop and oversee the management of a Department of 
     Defense-wide program of science and technology relating to 
     directed energy technologies, systems, and weapons;
       ``(2) serve as a point of coordination for initiatives for 
     science and technology relating to directed energy 
     technologies, systems, and weapons from throughout the 
     Department of Defense;
       ``(3) develop and promote a program (to be known as the 
     `National Directed Energy Technology Alliance') to foster the 
     exchange of information and cooperative activities on 
     directed energy technologies, systems, and weapons between 
     and among the Department of Defense, other Federal agencies, 
     institutions of higher education, and the private sector; and
       ``(4) carry out such other activities relating to directed 
     energy technologies, systems, and weapons as the Deputy Under 
     Secretary of Defense for Science and Technology considers 
     appropriate.
       ``(d) Coordination Within Department of Defense.--(1) The 
     Director of the Office shall assign to appropriate personnel 
     of the Office the performance of liaison functions with the 
     other Defense Agencies and with the military departments.
       ``(2) The head of each military department and Defense 
     Agency having an interest in the activities of the Office 
     shall assign personnel of such department or Defense Agency 
     to assist the Office in carrying out its duties. In providing 
     such assistance, such personnel shall be known collectively 
     as `Technology Area Working Groups'.
       ``(e) Joint Technology Board of Directors.--(1) There is 
     established in the Department of Defense a board to be known 
     as the `Joint Technology Board of Directors' (in this section 
     referred to as the `Board').
       ``(2) The Board shall be composed of 8 members as follows:
       ``(A) The Under Secretary of Defense for Acquisition and 
     Technology, who shall serve as chairperson of the Board.
       ``(B) The Director of Defense Research and Engineering, who 
     shall serve as vice-chairperson of the Board.
       ``(C) The senior acquisition executive of the Department of 
     the Army.
       ``(D) The senior acquisition executive of the Department of 
     the Navy.
       ``(E) The senior acquisition executive of the Department of 
     the Air Force.
       ``(F) The Director of the Defense Advanced Research 
     Projects Agency.
       ``(G) The Director of the Ballistic Missile Defense 
     Organization.
       ``(H) The Director of the Defense Threat Reduction Agency.
       ``(3) The duties of the Board shall be--
       ``(A) to review and comment on recommendations made and 
     issues raised by the Council under this section; and
       ``(B) to review and oversee the activities of the Office 
     under this section.
       ``(f) Joint Technology Council.--(1) There is established 
     in the Department of Defense a council to be known as the 
     `Joint Technology Council' (in this section referred to as 
     the `Council').
       ``(2) The Council shall be composed of 7 members as 
     follows:
       ``(A) The Deputy Under Secretary of Defense for Science and 
     Technology, who shall be chairperson of the Council.
       ``(B) The senior science and technology executive of the 
     Department of the Army.
       ``(C) The senior science and technology executive of the 
     Department of the Navy.
       ``(D) The senior science and technology executive of the 
     Department of the Air Force.
       ``(E) The senior science and technology executive of the 
     Defense Advanced Research Projects Agency.
       ``(F) The senior science and technology executive of the 
     Ballistic Missile Defense Organization.
       ``(G) The senior science and technology executive of the 
     Defense Threat Reduction Agency.
       ``(3) The duties of the Council shall be--
       ``(A) to review and recommend priorities among programs, 
     projects, and activities proposed and evaluated by the Office 
     under this section;
       ``(B) to make recommendations to the Board regarding 
     funding for such programs, projects, and activities; and
       ``(C) to otherwise review and oversee the activities of the 
     Office under this section.''.
       (2) The table of sections at the beginning of subchapter II 
     of chapter 8 of such title is

[[Page S4877]]

     amended by adding at the end the following new section:

``204. Joint Technology Office.''.
       (3) The Secretary of Defense shall locate the Joint 
     Technology Office under section 204 of title 10, United 
     States Code (as added by this subsection), at the National 
     Directed Energy Center at Kirtland Air Force Base, New 
     Mexico, not later than January 1, 2001.
       (c) Technology Area Working Groups under High Energy Laser 
     Master Plan.--(1) The Secretary of Defense shall provide for 
     the implementation of the portion of the High Energy Laser 
     Master Plan relating to technology area working groups.
       (2) In carrying out activities under this subsection, the 
     Secretary of Defense shall require the Secretary of the 
     military department concerned to provide within such 
     department technology area working groups as follows:
       (A) Within the Department of the Army--
       (i) a technology area working group on solid state lasers; 
     and
       (ii) a technology area working group on advanced 
     technology.
       (B) Within the Department of the Navy, a technology area 
     working group on free electron lasers.
       (C) Within the Department of the Air Force--
       (i) a technology area working group on chemical lasers;
       (ii) a technology area working group on beam control;
       (iii) a technology area working group on lethality/
     vulnerability; and
       (iv) a technology area working group on high power 
     microwaves.
       (3) The military department concerned shall establish 
     general direction concerning the technology to be addressed 
     by each technology area working group under the department, 
     with such direction to take into account the recommendations 
     of all participants in such technology area working group.
       (d) Enhancement of Industrial Base.--(1) The Secretary of 
     Defense shall develop and undertake initiatives, including 
     investment initiatives, for purposes of enhancing the 
     industrial base for directed energy technologies and systems.
       (2) Initiatives under paragraph (1) shall be designed to--
       (A) stimulate the development by institutions of higher 
     education and the private sector of promising directed energy 
     technologies and systems; and
       (B) stimulate the development of a workforce skilled in 
     such technologies and systems.
       (3) Of the amounts authorized to be appropriated by 
     subsection (h), $20,000,000 shall be available for the 
     initiation of development of the Advanced Tactical Laser 
     (ATL). The Joint Non-Lethal Weapons Directorate shall assist 
     the operational manager of the Advanced Tactical Laser 
     program in establishing specifications for non-lethal 
     operations of the Advanced Tactical Laser.
       (e) Enhancement of Test and Evaluation Capabilities.--(1) 
     The Secretary of Defense shall evaluate and implement 
     proposals for modernizing the High Energy Laser Test Facility 
     at White Sands Missile Range, New Mexico, in order to enhance 
     the test and evaluation capabilities of the Department of 
     Defense with respect to directed energy weapons.
       (2) Of the amounts authorized to be appropriated or 
     otherwise made available to the Department of Defense for 
     each of fiscal years 2001 and 2002, not more than $2,000,000 
     shall be made available in each such fiscal year for purposes 
     of the deployment and test at the High Energy Laser Test 
     Facility at White Sands Missile Range of free electron laser 
     technologies under development at Los Alamos National 
     Laboratory, New Mexico.
       (f) Cooperative Programs and Activities.--(1) The Secretary 
     of Defense shall evaluate the feasibility and advisability of 
     entering into cooperative programs or activities with other 
     Federal agencies, institutions of higher education, and the 
     private sector, including the national laboratories of the 
     Department of Energy, for the purpose of enhancing the 
     programs, projects, and activities of the Department of 
     Defense relating to directed energy technologies, systems, 
     and weapons. The Secretary shall carry out the evaluation in 
     consultation with the Joint Technology Board of Directors 
     established by section 204 of title 10, United States Code 
     (as added by subsection (b) of this section).
       (2) The Secretary shall enter into any cooperative program 
     or activity determined under the evaluation under paragraph 
     (1) to be feasible and advisable for the purpose set forth in 
     that paragraph.
       (3) Of the amounts authorized to be appropriated by 
     subsection (h), $50,000,000 shall be available for 
     cooperative programs and activities entered into under 
     paragraph (2).
       (g) Participation of Joint Technology Council in 
     Activities.--The Secretary of Defense shall, to the maximum 
     extent practicable, carry out activities under subsections 
     (c), (d), (e), and (f), through the Joint Technology Council 
     established pursuant to section 204 of title 10, United 
     States Code.
       (h) Funding for Fiscal Year 2001.--(1)(A) There is hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2001, $150,000,000 for science and technology 
     activities relating to directed energy technologies, systems, 
     and weapons.
       (B) Amounts authorized to be appropriated for fiscal year 
     2001 by subparagraph (A) are in addition to any other amounts 
     authorized to be appropriated for such fiscal year for the 
     activities referred to in that subparagraph.
       (2) The Director of the Joint Technology Office established 
     pursuant to section 204 of title 10, United States Code, 
     shall allocate amounts appropriated pursuant to the 
     authorization of appropriations in paragraph (1) among 
     appropriate program elements of the Department of Defense, 
     and among cooperative programs and activities under this 
     section, in accordance with such procedures as the Director 
     shall establish.
       (3) In establishing procedures for purposes of the 
     allocation of funds under paragraph (2), the Director shall 
     provide for the competitive selection of programs, projects, 
     and activities to be the recipients of such funds.
       (i) Directed Energy Defined.--In this section, the term 
     ``directed energy'', with respect to technologies, systems, 
     or weapons, means technologies, systems, or weapons that 
     provide for the directed transmission of energies across the 
     energy and frequency spectrum, including high energy lasers 
     and high power microwaves.
                                 ______
                                 

                       MURRAY AMENDMENT NO. 3260

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 58, between lines 7 and 8, insert the following:

     SEC. 313. DEMONSTRATION PROJECT FOR INTERNET ACCESS AND 
                   SERVICES IN RURAL COMMUNITIES.

       (a) In General.--The Secretary of the Army, acting through 
     the Chief of the National Guard Bureau, shall carry out a 
     demonstration project to provide Internet access and services 
     to rural communities that are unserved or underserved by the 
     Internet.
       (b) Project Elements.--In carrying out the demonstration 
     project, the Secretary shall--
       (1) establish and operate distance learning classrooms in 
     communities described in subsection (a), including any 
     support systems required for such classrooms; and
       (2) subject to subsection (c), provide Internet access and 
     services in such classrooms through GuardNet, the 
     telecommunications infrastructure of the National Guard.
       (c) Availability of Access and Services.--Under the 
     demonstration project, Internet access and services shall be 
     available to the following:
       (1) Personnel and elements of governmental emergency 
     management and response entities located in communities 
     served by the demonstration project.
       (2) Members and units of the Army National Guard located in 
     such communities.
       (3) Businesses located in such communities.
       (4) Personnel and elements of local governments in such 
     communities.
       (5) Other appropriate individuals and entities located in 
     such communities.
       (d) Report.--Not later than __________, the Secretary shall 
     submit to Congress a report on the demonstration project. The 
     report shall describe the activities under the demonstration 
     project and include any recommendations for the improvement 
     or expansion of the demonstration project that the Secretary 
     considers appropriate.
       (e) Funding.--(1) The amount authorized to be appropriated 
     by section 301(10) for operation and maintenance of the Army 
     National Guard is hereby increased by $15,000,000.
       (2) Of the amount authorized to be appropriated by section 
     301(10), as increased by paragraph (1), $15,000,000 shall be 
     available for the demonstration project required by this 
     section.
       (3) It is the sense of Congress that requests of the 
     President for funds for the National Guard for fiscal years 
     after fiscal year 2001 should provide for sufficient funds 
     for the continuation of the demonstration project required by 
     this section.
                                 ______
                                 

                    DORGAN AMENDMENT NOS. 3261-3263

  (Ordered to lie on the table.)
  Mr. DORGAN submitted three amendments intended to be proposed by him 
to the bill, S. 2549, supra; as follows:

                           Amendment No. 3261

       At the appropriate place, add the following:
       Sec.   . Sense of the Senate Resolution on the 
     Modernization of air National Guard F-16A Units
       (a) Findings.--Congress finds that--
       (1) Certain U.S. Air Force Air National Guard fighter units 
     are flying some of the world's oldest and least capable F-16A 
     aircraft.
       (2) These aircraft have already been flown well beyond 
     their designed service life and are suffering from major 
     airframe cracks and other maintenance problems.
       (3) The aircraft are generally incompatible with those 
     flown by the active force and therefore cannot be effectively 
     deployed to theaters of operation to support contingencies 
     and to relieve the high operations tempo of active duty 
     units.
       (4) The Air Force has specified no plans to replace these 
     obsolescent aircraft before the year 2007 at the earliest.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that in light of these findings--

[[Page S4878]]

       (1) The Air Force should program the proper resources and 
     take the necessary action to urgently replace aircraft of Air 
     National Guard fighter units that are flying F-16A's.
                                  ____


                           Amendment No. 3262

       At the appropriate place, add the following:
       Sec.   . Report on an electronic warfare version of the B-
     52.
       (a) Report.--No later than May 1, 2001, the Secretary of 
     the Air Force shall submit to the congressional defense 
     committees a report on the potential role of an electronic 
     warfare (EW) version of the B-52 bomber in meeting 
     anticipated future shortfalls in airborne EW assets.
       (b) Content.--The report shall include the following:
       (1) the anticipated near- and long-term requirement for and 
     availability of airborne electronic warfare assets;
       (2) the advantages and disadvantages of using the B-52 
     airframe's size, payload and endurance for standoff jamming;
       (3) the impact on the weapons carrying capability of the B-
     52;
       (4) the arms control implications of using certain B-52s as 
     EW platforms;
       (5) the impact on the ability of the B-52 fleet to meet 
     operational power projection needs; and
       (6) the estimated schedule for deploying interim and long 
     term EW versions of the B-52, and the potential additive cost 
     thereof, assuming prior completion of EW and situational 
     awareness upgrades already scheduled for the B-52 fleet.
                                  ____


                           Amendment No. 3263

       At the appropriate place in the bill, insert the following 
     new title:

            TITLE ____--FOOD AND MEDICINE FOR THE WORLD ACT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Food and Medicine for the 
     World Act''.

     SEC. ____02. DEFINITIONS.

       In this title:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given the term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Agricultural program.--The term ``agricultural 
     program'' means--
       (A) any program administered under the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 et 
     seq.);
       (B) any program administered under section 416 of the 
     Agricultural Act of 1949 (7 U.S.C. 1431);
       (C) any program administered under the Agricultural Trade 
     Act of 1978 (7 U.S.C. 5601 et seq.);
       (D) the dairy export incentive program administered under 
     section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-
     14);
       (E) any commercial export sale of agricultural commodities; 
     or
       (F) any export financing (including credits or credit 
     guarantees) provided by the United States Government for 
     agricultural commodities.
       (3) Joint resolution.--The term ``joint resolution'' 
     means--
       (A) in the case of section ____03(a)(1), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     section ____03(a)(1) is received by Congress, the matter 
     after the resolving clause of which is as follows: ``That 
     Congress approves the report of the President pursuant to 
     section ____03(a)(1) of the Food and Medicine for the World 
     Act, transmitted on ______________.'', with the blank 
     completed with the appropriate date; and
       (B) in the case of section ____06(1), only a joint 
     resolution introduced within 10 session days of Congress 
     after the date on which the report of the President under 
     section ____06(2) is received by Congress, the matter after 
     the resolving clause of which is as follows: ``That Congress 
     approves the report of the President pursuant to section 
     ____06(1) of the Food and Medicine for the World Act, 
     transmitted on ______________.'', with the blank completed 
     with the appropriate date.
       (4) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (5) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (6) Unilateral agricultural sanction.--The term 
     ``unilateral agricultural sanction'' means any prohibition, 
     restriction, or condition on carrying out an agricultural 
     program with respect to a foreign country or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to a multilateral 
     regime and the other member countries of that regime have 
     agreed to impose substantially equivalent measures.
       (7) Unilateral medical sanction.--The term ``unilateral 
     medical sanction'' means any prohibition, restriction, or 
     condition on exports of, or the provision of assistance 
     consisting of, medicine or a medical device with respect to a 
     foreign country or foreign entity that is imposed by the 
     United States for reasons of foreign policy or national 
     security, except in a case in which the United States imposes 
     the measure pursuant to a multilateral regime and the other 
     member countries of that regime have agreed to impose 
     substantially equivalent measures.

     SEC. ____03. RESTRICTION.

       (a) New Sanctions.--Except as provided in sections ____04 
     and ____05 and notwithstanding any other provision of law, 
     the President may not impose a unilateral agricultural 
     sanction or unilateral medical sanction against a foreign 
     country or foreign entity, unless--
       (1) not later than 60 days before the sanction is proposed 
     to be imposed, the President submits a report to Congress 
     that--
       (A) describes the activity proposed to be prohibited, 
     restricted, or conditioned; and
       (B) describes the actions by the foreign country or foreign 
     entity that justify the sanction; and
       (2) there is enacted into law a joint resolution stating 
     the approval of Congress for the report submitted under 
     paragraph (1).
       (b) Existing Sanctions.--
       (1) In general.--Except as provided in paragraph (2), the 
     President shall terminate any unilateral agricultural 
     sanction or unilateral medical sanction that is in effect as 
     of the date of enactment of this Act.
       (2) Exemptions.--Paragraph (1) shall not apply to a 
     unilateral agricultural sanction or unilateral medical 
     sanction imposed--
       (A) with respect to any program administered under section 
     416 of the Agricultural Act of 1949 (7 U.S.C. 1431);
       (B) with respect to the Export Credit Guarantee Program 
     (GSM-102) or the Intermediate Export Credit Guarantee Program 
     (GSM-103) established under section 202 of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5622); or
       (C) with respect to the dairy export incentive program 
     administered under section 153 of the Food Security Act of 
     1985 (15 U.S.C. 713a-14).

     SEC. ____04. EXCEPTIONS.

       Section ____03 shall not affect any authority or 
     requirement to impose (or continue to impose) a sanction 
     referred to in section ____03--
       (1) against a foreign country or foreign entity--
       (A) pursuant to a declaration of war against the country or 
     entity;
       (B) pursuant to specific statutory authorization for the 
     use of the Armed Forces of the United States against the 
     country or entity;
       (C) against which the Armed Forces of the United States are 
     involved in hostilities; or
       (D) where imminent involvement by the Armed Forces of the 
     United States in hostilities against the country or entity is 
     clearly indicated by the circumstances; or
       (2) to the extent that the sanction would prohibit, 
     restrict, or condition the provision or use of any 
     agricultural commodity, medicine, or medical device that is--
       (A) controlled on the United States Munitions List 
     established under section 38 of the Arms Export Control Act 
     (22 U.S.C. 2778);
       (B) controlled on any control list established under the 
     Export Administration Act of 1979 or any successor statute 
     (50 U.S.C. App. 2401 et seq.); or
       (C) used to facilitate the development or production of a 
     chemical or biological weapon or weapon of mass destruction.

     SEC. ____05. COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.

       Notwithstanding section ____03 and except as provided in 
     section ____07, the prohibitions in effect on or after the 
     date of the enactment of this Act under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371) on providing, 
     to the government of any country supporting international 
     terrorism, United States Government assistance, including 
     United States foreign assistance, United States export 
     assistance, or any United States credits or credit 
     guarantees, shall remain in effect for such period as the 
     Secretary of State determines under such section 620A that 
     the government of the country has repeatedly provided support 
     for acts of international terrorism.

     SEC. ____06. TERMINATION OF SANCTIONS.

       Any unilateral agricultural sanction or unilateral medical 
     sanction that is imposed pursuant to the procedures described 
     in section ____03(a) shall terminate not later than 2 years 
     after the date on which the sanction became effective 
     unless--
       (1) not later than 60 days before the date of termination 
     of the sanction, the President submits to Congress a report 
     containing--
       (A) the recommendation of the President for the 
     continuation of the sanction for an additional period of not 
     to exceed 2 years; and
       (B) the request of the President for approval by Congress 
     of the recommendation; and
       (2) there is enacted into law a joint resolution stating 
     the approval of Congress for the report submitted under 
     paragraph (1).

     SEC. ____07. STATE SPONSORS OF INTERNATIONAL TERRORISM.

       (a) In General.--Notwithstanding any other provision of 
     this title, the export of agricultural commodities, medicine, 
     or medical devices to the government of a country that has 
     been determined by the Secretary of State to have repeatedly 
     provided support for acts of international terrorism under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) shall only be made--
       (1) pursuant to one-year licenses issued by the United 
     States Government for contracts entered into during the one-
     year period and completed with the 12-month period beginning 
     on the date of the signing of the contract, except that, in 
     the case of the export

[[Page S4879]]

     of items used for food and for food production, such one-year 
     licenses shall otherwise be no more restrictive than general 
     licenses; and
       (2) without benefit of Federal financing, direct export 
     subsidies, Federal credit guarantees, or other Federal 
     promotion assistance programs.
       (b) Quarterly Reports.--The applicable department or agency 
     of the Federal Government shall submit to the appropriate 
     congressional committees on a quarterly basis a report on any 
     activities undertaken under subsection (a)(1) during the 
     preceding calendar quarter.
       (c) Biennial Reports.--Not later than two years after the 
     date of enactment of this Act, and every two years 
     thereafter, the applicable department or agency of the 
     Federal Government shall submit a report to the appropriate 
     congressional committees on the operation of the licensing 
     system under this section for the preceding two-year period, 
     including--
       (1) the number and types of licenses applied for;
       (2) the number and types of licenses approved;
       (3) the average amount of time elapsed from the date of 
     filing of a license application until the date of its 
     approval;
       (4) the extent to which the licensing procedures were 
     effectively implemented; and
       (5) a description of comments received from interested 
     parties about the extent to which the licensing procedures 
     were effective, after the applicable department or agency 
     holds a public 30-day comment period.

     SEC. ____08. CONGRESSIONAL PRIORITY PROCEDURES.

       (a) Referral of Report.--A report described in section 
     ____03(a)(1) or ____06(1) shall be referred to the 
     appropriate committee or committees of the House of 
     Representatives and to the appropriate committee or 
     committees of the Senate.
       (b) Referral of Joint Resolution.--
       (1) In general.--A joint resolution introduced in the 
     Senate shall be referred to the Committee on Foreign 
     Relations, and a joint resolution introduced in the House of 
     Representatives shall be referred to the Committee on 
     International Relations.
       (2) Reporting date.--A joint resolution referred to in 
     paragraph (1) may not be reported before the eighth session 
     day of Congress after the introduction of the joint 
     resolution.
       (c) Discharge of Committee.--If the committee to which is 
     referred a joint resolution has not reported the joint 
     resolution (or an identical joint resolution) at the end of 
     30 session days of Congress after the date of introduction of 
     the joint resolution--
       (1) the committee shall be discharged from further 
     consideration of the joint resolution; and
       (2) the joint resolution shall be placed on the appropriate 
     calendar of the House concerned.
       (d) Floor Consideration.--
       (1) Motion to proceed.--
       (A) In general.--When the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged under subsection (c) from further consideration 
     of, a joint resolution--
       (i) it shall be at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any member of the House concerned to move 
     to proceed to the consideration of the joint resolution; and
       (ii) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived.
       (B) Privilege.--The motion to proceed to the consideration 
     of the joint resolution--
       (i) shall be highly privileged in the House of 
     Representatives and privileged in the Senate; and
       (ii) not debatable.
       (C) Amendments and motions not in order.--The motion to 
     proceed to the consideration of the joint resolution shall 
     not be subject to--
       (i) amendment;
       (ii) a motion to postpone; or
       (iii) a motion to proceed to the consideration of other 
     business.
       (D) Motion to reconsider not in order.--A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order.
       (E) Business until disposition.--If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     House concerned until disposed of.
       (2) Limitations on debate.--
       (A) In general.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection with the joint 
     resolution, shall be limited to not more than 10 hours, which 
     shall be divided equally between those favoring and those 
     opposing the joint resolution.
       (B) Further debate limitations.--A motion to limit debate 
     shall be in order and shall not be debatable.
       (C) Amendments and motions not in order.--An amendment to, 
     a motion to postpone, a motion to proceed to the 
     consideration of other business, a motion to recommit the 
     joint resolution, or a motion to reconsider the vote by which 
     the joint resolution is agreed to or disagreed to shall not 
     be in order.
       (3) Vote on final passage.--Immediately following the 
     conclusion of the debate on a joint resolution, and a single 
     quorum call at the conclusion of the debate if requested in 
     accordance with the rules of the House concerned, the vote on 
     final passage of the joint resolution shall occur.
       (4) Rulings of the chair on procedure.--An appeal from a 
     decision of the Chair relating to the application of the 
     rules of the Senate or House of Representatives, as the case 
     may be, to the procedure relating to a joint resolution shall 
     be decided without debate.
       (e) Coordination With Action by Other House.--If, before 
     the passage by 1 House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     the following procedures shall apply:
       (1) No committee referral.--The joint resolution of the 
     other House shall not be referred to a committee.
       (2) Floor procedure.--With respect to a joint resolution of 
     the House receiving the joint resolution--
       (A) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (B) the vote on final passage shall be on the joint 
     resolution of the other House.
       (3) Disposition of joint resolutions of receiving house.--
     On disposition of the joint resolution received from the 
     other House, it shall no longer be in order to consider the 
     joint resolution originated in the receiving House.
       (f) Procedures After Action by Both the House and Senate.--
     If a House receives a joint resolution from the other House 
     after the receiving House has disposed of a joint resolution 
     originated in that House, the action of the receiving House 
     with regard to the disposition of the joint resolution 
     originated in that House shall be deemed to be the action of 
     the receiving House with regard to the joint resolution 
     originated in the other House.
       (g) Rulemaking Power.--This section is enacted by 
     Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such this 
     section--
       (A) is deemed to be a part of the rules of each House, 
     respectively, but applicable only with respect to the 
     procedure to be followed in that House in the case of a joint 
     resolution; and
       (B) supersedes other rules only to the extent that this 
     paragraph is inconsistent with those rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as the rules relate 
     to the procedure of that House) at any time, in the same 
     manner and to the same extent as in the case of any other 
     rule of that House.

     SEC. ____09. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title takes effect on the date of enactment of this Act.
       (b) Existing Sanctions.--In the case of any unilateral 
     agricultural sanction or unilateral medical sanction that is 
     in effect as of the date of enactment of this Act, this title 
     takes effect 180 days after the date of enactment of this 
     Act.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 3264

  Mr. WELLSTONE proposed an amendment to the bill, S. 2549, supra; as 
follows:

       At the appropriate place add the following:

     SEC. ____. REPORT TO CONGRESS REGARDING EXTENT AND SEVERITY 
                   OF CHILD POVERTY.

       (a) In General.--Not later than June 1, 2001 and prior to 
     any reauthorization of the temporary assistance to needy 
     families program under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) for any fiscal year 
     after fiscal year 2002, the Secretary of Health and Human 
     Services (in this section referred to as the ``Secretary'') 
     shall report to Congress on the extent and severity of child 
     poverty in the United States. Such report shall, at a 
     minimum--
       (1) determine for the period since the enactment of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (Public Law 104-193; 110 Stat. 2105)--
       (A) whether the rate of child poverty in the United States 
     has increased;
       (B) whether the children who live in poverty in the United 
     States have gotten poorer; and
       (C) how changes in the availability of cash and non-cash 
     benefits to poor families have affected child poverty in the 
     United States;
       (2) identify alternative methods for defining child poverty 
     that are based on consideration of factors other than family 
     income and resources, including consideration of a family's 
     work-related expenses; and
       (3) contain multiple measures of child poverty in the 
     United States that may include the child poverty gap and the 
     extreme poverty rate.
       (b) Legislative Proposal.--If the Secretary determines that 
     during the period since the enactment of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (Public Law 104-193; 110 Stat. 2105) the extent or 
     severity of child poverty in the United States has increased 
     to any extent, the Secretary shall include with the report to 
     Congress required under subsection (a) a legislative proposal 
     addressing the factors that led to such increase.
                                 ______
                                 

                BROWNBACK (AND MCAIN) AMENDMENT NO. 3265

       (Ordered to lie on the table.)

[[Page S4880]]

  Mr. BOWNBBACK (for himself and McCain (submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       At the end of the bill, add the following:

                  DIVISION D--AMATEUR SPORTS INTEGRITY

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Amateur Sports 
     Integrity Act''.

                 TITLE XLI--PERFORMANCE-ENHANCING DRUGS

     SEC. 4101. SHORT TITLE.

       This title may be cited as the ``Athletic Performance-
     Enhancing Drugs Research and Detection Act''.

     SEC. 4102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology shall establish and administer a 
     program under this title to support research into the use of 
     performance-enhancing substances by athletes, and methods of 
     detecting their use.
       (b) Grants.--
       (1) In general.--The program shall include grants of 
     financial assistance, awarded on a competitive basis, to 
     support the advancement and improvement of research into the 
     use of performance-enhancing substances by athletes, and 
     methods of detecting their use.
       (2) Banned substances.--In carrying out the program the 
     Director shall consider research proposals involving 
     performance-enhancing substances banned from use by 
     competitors in events sanctioned by organizations, such as 
     the International Olympic Committee, the United States 
     Olympic Committee, the National Collegiate Athletic 
     Association, the National Football League, the National 
     Basketball Association, and Major League Baseball.
       (3) Research concentration.--In carrying out the program, 
     the Director shall--
       (A) fund research on the detection of naturally-occurring 
     steroids and other testosterone precursors (e.g., 
     androstendione), such as testosterone, and other substances, 
     such as human growth hormone and erythropoietin for which no 
     tests are available but for which there is evidence of abuse 
     or abuse potential;
       (B) fund research that focuses on population studies to 
     ensure that tests are accurate for men, women, all relevant 
     age, and major ethnic groups; and
       (C) not fund research on drugs of abuse, such as cocaine, 
     phencyclidine, marijuana, morphine/codeine, and 
     methamphetamine/amphetamine.
       (c) Technical and Scientific Peer Review.--
       (1) In general.--The Director shall establish appropriate 
     technical and scientific peer review procedures for 
     evaluating applications for grants under the program.
       (2) Implementation.--The Director shall--
       (A) ensure that grant applicants meet a set of minimum 
     criteria before receiving consideration for an award under 
     the program;
       (B) give preference to laboratories with an established 
     record of athletic drug testing analysis; and
       (C) establish a minimum grant award of not less than 
     $500,000.
       (3) Criteria.--The list of minimum criteria shall include 
     requirements that each applicant--
       (A) demonstrate a record of publication and research in the 
     area of athletic drug testing;
       (B) provide a plan detailing the direct transference of the 
     research findings to lab applications in athletic drug 
     testing; and
       (C) certify that it is a not-for-profit research program.
       (4) Results.--The Director also shall establish appropriate 
     technical and scientific peer review procedures for 
     evaluating the results of research funded, in part or in 
     whole by grants provided under the program. Each review 
     conducted under this paragraph shall include a written report 
     of findings and, if appropriate, recommendations prepared by 
     the reviewer. The reviewer shall provide a copy of the report 
     to the Director within 30 days after the conclusion of the 
     review.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director of the National Institute 
     of Standards and Technology $4,000,000 per fiscal year to 
     carry out this section for fiscal years 2001, 2002, 2003, 
     2004, and 2005.

     SEC. 4103. PREVENTION AND INTERVENTION PROGRAMS.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology shall develop a grant program to 
     fund educational substance abuse prevention and intervention 
     programs related to the use of performance-enhancing 
     substances described in section 4102(b)(2) by high school and 
     college student athletes. The Director shall establish a set 
     of minimum criteria for applicants to receive consideration 
     for an award under the program. The list of minimum criteria 
     shall include requirements that each applicant--
       (1) propose an intervention and prevention program based on 
     methodologically sound evaluation with evidence of drug 
     prevention efficacy; and
       (2) demonstrate a record of publication and research in the 
     area of athletic drug use prevention.
       (b) Minimum Grant Award.--The Director shall establish a 
     minimum grant award of not less than $300,000 per recipient.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director of the National Institute 
     of Standards and Technology $3,000,000 per fiscal year to 
     carry out this section for fiscal years 2001, 2002, 2003, 
     2004, and 2005.

                          TITLE XLII--GAMBLING

     SEC. 4201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES 
                   INVOLVING HIGH SCHOOL AND COLLEGE ATHLETES AND 
                   THE OLYMPICS.

       (a) In General.--The Ted Stevens Olympic and Amateur Sports 
     Act (chapter 2205 of title 36, United States Code) is amended 
     by adding at the end the following new subchapter:

                    ``SUBCHAPTER III--MISCELLANEOUS

     ``Sec. 220541. Unlawful sports gambling: Olympics; high 
       school and college athletes

       ``(a) Prohibition.--It shall be unlawful for--
       ``(1) a governmental entity to sponsor, operate, advertise, 
     promote, license, or authorize by law or compact, or
       ``(2) a person to sponsor, operate, advertise, or promote, 
     pursuant to law or compact of a governmental entity,
     a lottery, sweepstakes, or other betting, gambling, or 
     wagering scheme based, directly or indirectly, on a 
     competitive game or performance described in subsection (b).
       ``(b) Covered Games and Performances.--A competitive game 
     or performance described in this subsection is the following:
       ``(1) One or more competitive games at the Summer or Winter 
     Olympics.
       ``(2) One or more competitive games in which high school or 
     college athletes participate.
       ``(3) One or more performances of high school or college 
     athletes in a competitive game.
       ``(c) Applicability.--The prohibition in subsection (a) 
     applies to activity described in that subsection without 
     regard to whether the activity would otherwise be permitted 
     under subsection (a) or (b) of section 3704 of title 28.
       ``(d) Injunctions.--A civil action to enjoin a violation of 
     subsection (a) may be commenced in an appropriate district 
     court of the United States by the Attorney General of the 
     United States, a local educational agency, college, or sports 
     organization, including an amateur sports organization or the 
     corporation, whose competitive game is alleged to be the 
     basis of such violation.
       ``(e) Definitions.--In this section:
       ``(1) The term `high school' has the meaning given the term 
     `secondary school' in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).
       ``(2) The term `college' has the meaning given the term 
     `institution of higher education' in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 8801).
       ``(3) The term `local educational agency' has the meaning 
     given that term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).''
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that Act (chapter 2205 of title 36, United 
     States Code) is amended by adding at the end the following:

                    ``SUBCHAPTER III--MISCELLANEOUS

``220541. Unlawful sports gambling: Olympics; high school and college 
              athletes.''.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 3266

  (Ordered to lie on the table.)
  Mr. GRAMS submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 130, strike lines 3 through 11 and insert the 
     following:

     SEC. 423. EXCLUSION OF CERTAIN ARMY AND AIR FORCE OFFICERS 
                   FROM LIMITATION ON STRENGTHS OF RESERVE 
                   COMMISSIONED OFFICERS IN GRADES BELOW BRIGADIER 
                   GENERAL.

       Section 12005(a) of title 10, United States Code, is 
     amended by adding at the end the following:
       ``(3) Medical officers, dental officers, judge advocate 
     officers, nurse officers, and chaplains shall not be counted 
     for purposes of this subsection.''.
                                 ______
                                 

                  WARNER (AND DODD) AMENDMENT NO. 3267

  Mr. WARNER (for himself, Mr. Dodd, and Mr. Levin) proposed an 
amendment to the bill, S. 2549, supra; as follows:

       On page 462, between lines 2 and 3, insert the following:

     SEC. ____. ESTABLISHMENT OF NATIONAL BIPARTISAN COMMISSION ON 
                   CUBA.

       (a) Short Title.--This section may be cited as the 
     ``National Bipartisan Commission on Cuba Act of 2000''.
       (b) Purposes.--The purposes of this section are to--
       (1) address the serious long-term problems in the relations 
     between the United States and Cuba; and
       (2) help build the necessary national consensus on a 
     comprehensive United States policy with respect to Cuba.
       (c) Establishment.--
       (1) In general.--There is established the National 
     Bipartisan Commission on Cuba (in this section referred to as 
     the ``Commission'').
       (2) Membership.--The Commission shall be composed of 12 
     members, who shall be appointed as follows:
       (A) Three individuals to be appointed by the President pro 
     tempore of the Senate, of

[[Page S4881]]

     whom two shall be appointed upon the recommendation of the 
     Majority Leader of the Senate and of whom one shall be 
     appointed upon the recommendation of the Minority Leader of 
     the Senate.
       (B) Three individuals to be appointed by the Speaker of the 
     House of Representatives, of whom two shall be appointed upon 
     the recommendation of the Majority Leader of the House of 
     Representatives and of whom one shall be appointed upon the 
     recommendation of the Minority Leader of the House of 
     Representatives.
       (C) Six individuals to be appointed by the President.
       (3) Selection of members.--Members of the Commission shall 
     be selected from among distinguished Americans in the private 
     sector who are experienced in the field of international 
     relations, especially Cuban affairs and United States-Cuban 
     relations, and shall include representatives from a cross-
     section of United States interests, including human rights, 
     religion, public health, military, business, and the Cuban-
     American community.
       (4) Designation of chair.--The President shall designate a 
     Chair from among the members of the Commission.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chair.
       (6) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum.
       (7) Vacancies.--Any vacancy of the Commission shall not 
     affect its powers, but shall be filled in the manner in which 
     the original appointment was made.
       (d) Duties and powers of the commission.--
       (1) In general.--The Commission shall be responsible for an 
     examination and documentation of the specific achievements of 
     United States policy with respect to Cuba and an evaluation 
     of--
       (A) what national security risk Cuba poses to the United 
     States and an assessment of any role the Cuban government may 
     play in support of acts of international terrorism and the 
     trafficking of illegal drugs;
       (B) the indemnification of losses incurred by United States 
     certified claimants with confiscated property in Cuba; and
       (C) the domestic and international impacts of the 39-year-
     old United States economic, trade and travel embargo against 
     Cuba on--
       (i) the relations of the United States with allies of the 
     United States;
       (ii) the political strength of Fidel Castro;
       (iii) the condition of human rights, religious freedom, and 
     freedom of the press in Cuba;
       (iv) the health and welfare of the Cuban people;
       (v) the Cuban economy; and
       (vi) the United States economy, business, and jobs.
       (2) Consultation responsibilities.--In carrying out its 
     duties under paragraph (1), the Commission shall consult with 
     governmental leaders of countries substantially impacted by 
     the current state of United States-Cuban relations, 
     particularly countries impacted by the United States trade 
     embargo against Cuba, and with the leaders of nongovernmental 
     organizations operating in those countries.
       (3) Powers of the commission.--The Commission may, for the 
     purpose of carrying out its duties under this subsection, 
     hold hearings, sit and act at times and places in the United 
     States, take testimony, and receive evidence as the 
     Commission considers advisable to carry out the provisions of 
     this section.
       (e) Report of the commission.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall submit a report 
     to the President, the Secretary of State, and Congress 
     setting forth its recommendations for United States policy 
     options based on its evaluations under subsection (d).
       (2) Classified form of report.--The report required by 
     paragraph (1) shall be submitted in unclassified form, 
     together with a classified annex, if necessary.
       (3) Individual or dissenting views.--Each member of the 
     Commission may include the individual or dissenting views of 
     the member in the report required by paragraph (1).
       (f) Administration.--
       (1) Cooperation by other federal agencies.--The heads of 
     Executive agencies shall, to the extent permitted by law, 
     provide the Commission such information as it may require for 
     purposes of carrying out its functions.
       (2) Compensation.--Members of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services of the Commission.
       (3) Administrative support.--The Secretary of State shall, 
     to the extent permitted by law, provide the Commission with 
     such administrative services, funds, facilities, staff, and 
     other support services as may be necessary for the 
     performance of its functions.
       (g) Applicability of other laws.--The Federal Advisory 
     Committee Act shall not apply to the Commission to the extent 
     that the provisions of this section are inconsistent with 
     that Act.
       (h) Termination date.--The Commission shall terminate 60 
     days after submission of the report required by subsection 
     (e).
                                 ______
                                 

                 DURBIN (AND OTHERS) AMENDMENT NO. 3268

  Mr. DURBIN (for himself, Mr. Akaka, and Mr. Voinovich) submitted an 
amendment intended to be proposed by them to the bill, S. 2549, supra; 
as follows:

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. STUDENT LOAN REPAYMENT PROGRAMS.

       (a) Student Loans.--Section 5379(a)(1)(B) of title 5, 
     United States Code, is amended--
       (1) in clause (i), by inserting ``(20 U.S.C. 1071 et 
     seq.)'' before the semicolon;
       (2) in clause (ii), by striking ``part E of title IV of the 
     Higher Education Act of 1965'' and inserting ``part D or E of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a 
     et seq., 1087aa et seq.)''; and
       (3) in clause (iii), by striking ``part C of title VII of 
     Public Health Service Act or under part B of title VIII of 
     such Act'' and inserting ``part A of title VII of the Public 
     Health Service Act (42 U.S.C. 292 et seq.) or under part E of 
     title VIII of such Act (42 U.S.C. 297a et seq.)''.
       (b) Personnel Covered.--
       (1) Ineligible personnel.--Section 5379(a)(2) of title 5, 
     United States Code, is amended to read as follows:
       ``(2) An employee shall be ineligible for benefits under 
     this section if the employee occupies a position that is 
     excepted from the competitive service because of its 
     confidential, policy-determining, policy-making, or policy-
     advocating character.''.
       (2) Personnel recruited or retained.--Section 5379(b)(1) of 
     title 5, United States Code, is amended by striking 
     ``professional, technical, or administrative''.
       (c) Regulations.--
       (1) Proposed regulations.--Not later than 60 days after the 
     date of enactment of this Act, the Director of the Office of 
     Personnel Management (referred to in this section as the 
     ``Director'') shall issue proposed regulations under section 
     5379(g) of title 5, United States Code. The Director shall 
     provide for a period of not less than 60 days for public 
     comment on the regulations.
       (2) Final regulations.--Not later than 240 days after the 
     date of enactment of this Act, the Director shall issue final 
     regulations described in paragraph (1).
       (d) Annual Reports.--Section 5379 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(h)(1) Each head of an agency shall maintain, and 
     annually submit to the Director of the Office of Personnel 
     Management, information with respect to the agency on--
       ``(A) the number of Federal employees selected to receive 
     benefits under this section;
       ``(B) the job classifications for the recipients; and
       ``(C) the cost to the Federal Government of providing the 
     benefits.
       ``(2) The Director of the Office of Personnel Management 
     shall prepare, and annually submit to Congress, a report 
     containing the information submitted under paragraph (1), and 
     information identifying the agencies that have provided the 
     benefits described in paragraph (1).''.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3269

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 586, following line 20, add the following:

     SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION OFFICE COMPLEX AT KIRTLAND AIR 
                   FORCE BASE, NEW MEXICO.

       (a) Authority for Design and Construction.--The 
     Administrator of the National Nuclear Security Administration 
     may provide for the design and construction of a new office 
     complex for the National Nuclear Security Administration at 
     the Department of Energy site located at the eastern boundary 
     of Kirtland Air Force Base, New Mexico.
       (b) Basis of Authority.--The design and construction of the 
     office complex authorized by subsection (a) shall be carried 
     out through one or more energy savings performance contracts 
     entered into under this section and in accordance with the 
     provisions of title VIII of the National Energy Policy 
     Conservation Act (42 U.S.C. 8287 et seq.).
       (c) Payment of Costs.--Amounts for payments of costs 
     associated with the construction of the office complex 
     authorized by subsection (a) shall be derived from energy 
     savings and ancillary operation and maintenance savings that 
     result from the replacement of a current Department of Energy 
     office complex in Albuquerque, New Mexico (as identified in a 
     feasibility study conducted under the National Defense 
     Authorization Act for Fiscal Year 2000), with the office 
     complex authorized by subsection (a).
                                 ______
                                 

                       SCHUMER AMENDMENT NO. 3270

  (Ordered to lie on the table.)
  Mr. SCHUMER submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 613, after line 12, insert the following:

            TITLE XXXV--FOREIGN MONEY LAUNDERING DETERRENCE

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Foreign Money Laundering 
     Deterrence Act''.

[[Page S4882]]

     SEC. 3502. REQUIREMENTS RELATING TO TRANSACTIONS AND ACCOUNTS 
                   WITH OR ON BEHALF OF FOREIGN ENTITIES.

       (a) In General.--Subchapter II of chapter 53 of title 31, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 5331. Requirements relating to transactions and 
       accounts with or on behalf of foreign entities

       ``(a) Prohibition on Opening or Maintaining Correspondent 
     Accounts or Correspondent Bank Relationships With Certain 
     Foreign Banks.--A depository institution may not open or 
     maintain a correspondent account in the United States for or 
     on behalf of a foreign banking institution, or establish or 
     maintain a correspondent bank relationship with a foreign 
     banking institution, that--
       ``(1) is organized under the laws of a jurisdiction outside 
     the United States but is not licensed or permitted to offer, 
     or is not offering, any banking service to any resident of 
     such jurisdiction; and
       ``(2) is not subject to comprehensive supervision or 
     regulation on a consolidated basis by the appropriate 
     authorities in such jurisdiction, as determined by the 
     Secretary of the Treasury.
       ``(b) Exception.--Subsection (a) does not apply to a 
     foreign banking institution if the institution is an 
     affiliate of--
       ``(1) a depository institution; or
       ``(2) a foreign bank (as defined in section 1(b)(7) of the 
     International Banking Act of 1978) that is subject to 
     comprehensive supervision or regulation on a consolidated 
     basis by the appropriate authorities in the foreign 
     jurisdiction under whose laws it is organized, as determined 
     by the Secretary of the Treasury.
       ``(c) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Correspondent account.--The term `correspondent 
     account' means an account established to receive deposits 
     from and make payments on behalf of a correspondent bank.
       ``(2) Correspondent bank.--The term `correspondent bank' 
     means a depository institution that accepts deposits from 
     another financial institution and provides services on behalf 
     of such other financial institution.
       ``(3) Depository institution.--The term `depository 
     institution' has the same meaning as in section 19(b)(1)(A) 
     of the Federal Reserve Act.
       ``(4) Foreign banking institution.--The term `foreign 
     banking institution' means a foreign entity that engages in 
     the business of banking, and includes foreign commercial 
     banks, foreign merchant banks, and other foreign institutions 
     that engage in banking activities that are usual in 
     connection with the business of banking in the countries in 
     which they are organized or operating.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter II of chapter 53 of title 31, United States Code, 
     is amended by inserting after the item relating to section 
     5330 the following new item:

``5331. Requirements relating to transactions and accounts with or on 
              behalf of foreign entities.''.
                                 ______
                                 

                       WARNER AMENDMENT NO. 3271

  Mr. WARNER submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE REGARDING DISCLOSURES BY TAX-
                   EXEMPT ORGANIZATIONS.

       (a) Findings.--The Senate finds that--
       (1) disclosure of political campaign activities is among 
     the most important political reforms;
       (2) disclosure of political campaign activities enables 
     citizens to make informed decisions about the political 
     process; and
       (3) certain tax-exempt organizations, including 
     organizations organized under section 527 of the Internal 
     Revenue Code of 1986, are not presently required to make 
     meaningful public disclosures.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that all tax-exempt organizations engaging in political 
     campaign activities, including organizations organized under 
     section 527 of the Internal Revenue Code of 1986, should be 
     held to the same standard and required to make meaningful 
     public disclosure of their activities.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 3272

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 239, following line 22, add the following:

     SEC. 656. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS 
                   DUTY TO ASSIST.

       (a) In General.--Section 5107 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 5107 Assistance to claimants; benefit of the doubt; 
       burden of proof

       ``(a) The Secretary shall assist a claimant in developing 
     all facts pertinent to a claim for benefits under this title. 
     Such assistance shall include requesting information as 
     described in section 5106 of this title. The Secretary shall 
     provide a medical examination when such examination may 
     substantiate entitlement to the benefits sought. The 
     Secretary may decide a claim without providing assistance 
     under this subsection when no reasonable possibility exists 
     that such assistance will aid in the establishment of 
     entitlement.
       ``(b) The Secretary shall consider all evidence and 
     material of record in a case before the Department with 
     respect to benefits under laws administered by the Secretary 
     and shall give the claimant the benefit of the doubt when 
     there is an approximate balance of positive and negative 
     evidence regarding any issue material to the determination of 
     the matter.
       ``(c) Except when otherwise provided by this title or by 
     the Secretary in accordance with the provisions of this 
     title, a person who submits a claim for benefits under a law 
     administered by the Secretary shall have the burden of 
     proof.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 51 of that title is amended by striking 
     the item relating to section 5017 and inserting the following 
     new item:

``5107 Assistance to claimants; benefit of the doubt; burden of 
              proof.''.
                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 3273

  Mr. DASCHLE (for himself, Mr. Kennedy, Mr. Dodd, Mr. Harkin, Ms. 
Mikulski, Mr. Rockefeller, Mr. Edwards, Mrs. Feinstein, Mr. Robb, and 
Mr. Reed) proposed an amendment to the bill, S. 2549, supra; as 
follows:

       At the appropriate place add the following:
     DIVISION D--BIPARTISAN CONSENSUS MANAGED CARE IMPROVEMENT ACT

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``Bipartisan Consensus 
     Managed Care Improvement Act''.

                   TITLE XLI--IMPROVING MANAGED CARE

                   Subtitle A--Grievance and Appeals

     SEC. 4101. UTILIZATION REVIEW ACTIVITIES.

       (a) Compliance With Requirements.--
       (1) In general.--A group health plan, and a health 
     insurance issuer that provides health insurance coverage, 
     shall conduct utilization review activities in connection 
     with the provision of benefits under such plan or coverage 
     only in accordance with a utilization review program that 
     meets the requirements of this section.
       (2) Use of outside agents.--Nothing in this section shall 
     be construed as preventing a group health plan or health 
     insurance issuer from arranging through a contract or 
     otherwise for persons or entities to conduct utilization 
     review activities on behalf of the plan or issuer, so long as 
     such activities are conducted in accordance with a 
     utilization review program that meets the requirements of 
     this section.
       (3) Utilization review defined.--For purposes of this 
     section, the terms ``utilization review'' and ``utilization 
     review activities'' mean procedures used to monitor or 
     evaluate the use or coverage, clinical necessity, 
     appropriateness, efficacy, or efficiency of health care 
     services, procedures or settings, and includes prospective 
     review, concurrent review, second opinions, case management, 
     discharge planning, or retrospective review.
       (b) Written Policies and Criteria.--
       (1) Written policies.--A utilization review program shall 
     be conducted consistent with written policies and procedures 
     that govern all aspects of the program.
       (2) Use of written criteria.--
       (A) In general.--Such a program shall utilize written 
     clinical review criteria developed with input from a range of 
     appropriate actively practicing health care professionals, as 
     determined by the plan, pursuant to the program. Such 
     criteria shall include written clinical review criteria that 
     are based on valid clinical evidence where available and that 
     are directed specifically at meeting the needs of at-risk 
     populations and covered individuals with chronic conditions 
     or severe illnesses, including gender-specific criteria and 
     pediatric-specific criteria where available and appropriate.
       (B) Continuing use of standards in retrospective review.--
     If a health care service has been specifically pre-authorized 
     or approved for an enrollee under such a program, the program 
     shall not, pursuant to retrospective review, revise or modify 
     the specific standards, criteria, or procedures used for the 
     utilization review for procedures, treatment, and services 
     delivered to the enrollee during the same course of 
     treatment.
       (C) Review of sample of claims denials.--Such a program 
     shall provide for an evaluation of the clinical 
     appropriateness of at least a sample of denials of claims for 
     benefits.
       (c) Conduct of Program Activities.--
       (1) Administration by health care professionals.--A 
     utilization review program shall be administered by qualified 
     health care professionals who shall oversee review decisions.
       (2) Use of qualified, independent personnel.--
       (A) In general.--A utilization review program shall provide 
     for the conduct of utilization review activities only through 
     personnel who are qualified and have received appropriate 
     training in the conduct of such activities under the program.

[[Page S4883]]

       (B) Prohibition of contingent compensation arrangements.--
     Such a program shall not, with respect to utilization review 
     activities, permit or provide compensation or anything of 
     value to its employees, agents, or contractors in a manner 
     that encourages denials of claims for benefits.
       (C) Prohibition of conflicts.--Such a program shall not 
     permit a health care professional who is providing health 
     care services to an individual to perform utilization review 
     activities in connection with the health care services being 
     provided to the individual.
       (3) Accessibility of review.--Such a program shall provide 
     that appropriate personnel performing utilization review 
     activities under the program, including the utilization 
     review administrator, are reasonably accessible by toll-free 
     telephone during normal business hours to discuss patient 
     care and allow response to telephone requests, and that 
     appropriate provision is made to receive and respond promptly 
     to calls received during other hours.
       (4) Limits on frequency.--Such a program shall not provide 
     for the performance of utilization review activities with 
     respect to a class of services furnished to an individual 
     more frequently than is reasonably required to assess whether 
     the services under review are medically necessary or 
     appropriate.
       (d) Deadline for Determinations.--
       (1) Prior authorization services.--
       (A) In general.--Except as provided in paragraph (2), in 
     the case of a utilization review activity involving the prior 
     authorization of health care items and services for an 
     individual, the utilization review program shall make a 
     determination concerning such authorization, and provide 
     notice of the determination to the individual or the 
     individual's designee and the individual's health care 
     provider by telephone and in printed form, as soon as 
     possible in accordance with the medical exigencies of the 
     case, and in no event later than the deadline specified in 
     subparagraph (B).
       (B) Deadline.--
       (i) In general.--Subject to clauses (ii) and (iii), the 
     deadline specified in this subparagraph is 14 days after the 
     date of receipt of the request for prior authorization.
       (ii) Extension permitted where notice of additional 
     information required.--If a utilization review program--

       (I) receives a request for a prior authorization;
       (II) determines that additional information is necessary to 
     complete the review and make the determination on the 
     request; and
       (III) notifies the requester, not later than five business 
     days after the date of receiving the request, of the need for 
     such specified additional information,

     the deadline specified in this subparagraph is 14 days after 
     the date the program receives the specified additional 
     information, but in no case later than 28 days after the date 
     of receipt of the request for the prior authorization. This 
     clause shall not apply if the deadline is specified in clause 
     (iii).
       (iii) Expedited cases.--In the case of a situation 
     described in section 102(c)(1)(A), the deadline specified in 
     this subparagraph is 72 hours after the time of the request 
     for prior authorization.
       (2) Ongoing care.--
       (A) Concurrent review.--
       (i) In general.--Subject to subparagraph (B), in the case 
     of a concurrent review of ongoing care (including 
     hospitalization), which results in a termination or reduction 
     of such care, the plan must provide by telephone and in 
     printed form notice of the concurrent review determination to 
     the individual or the individual's designee and the 
     individual's health care provider as soon as possible in 
     accordance with the medical exigencies of the case, with 
     sufficient time prior to the termination or reduction to 
     allow for an appeal under section 102(c)(1)(A) to be 
     completed before the termination or reduction takes effect.
       (ii) Contents of notice.--Such notice shall include, with 
     respect to ongoing health care items and services, the number 
     of ongoing services approved, the new total of approved 
     services, the date of onset of services, and the next review 
     date, if any, as well as a statement of the individual's 
     rights to further appeal.
       (B) Exception.--Subparagraph (A) shall not be interpreted 
     as requiring plans or issuers to provide coverage of care 
     that would exceed the coverage limitations for such care.
       (3) Previously provided services.--In the case of a 
     utilization review activity involving retrospective review of 
     health care services previously provided for an individual, 
     the utilization review program shall make a determination 
     concerning such services, and provide notice of the 
     determination to the individual or the individual's designee 
     and the individual's health care provider by telephone and in 
     printed form, within 30 days of the date of receipt of 
     information that is reasonably necessary to make such 
     determination, but in no case later than 60 days after the 
     date of receipt of the claim for benefits.
       (4) Failure to meet deadline.--In a case in which a group 
     health plan or health insurance issuer fails to make a 
     determination on a claim for benefit under paragraph (1), 
     (2)(A), or (3) by the applicable deadline established under 
     the respective paragraph, the failure shall be treated under 
     this subtitle as a denial of the claim as of the date of the 
     deadline.
       (5) Reference to special rules for emergency services, 
     maintenance care, and post-stabilization care.--For waiver of 
     prior authorization requirements in certain cases involving 
     emergency services and maintenance care and post-
     stabilization care, see subsections (a)(1) and (b) of section 
     4113, respectively.
       (e) Notice of Denials of Claims for Benefits.--
       (1) In general.--Notice of a denial of claims for benefits 
     under a utilization review program shall be provided in 
     printed form and written in a manner calculated to be 
     understood by the participant, beneficiary, or enrollee and 
     shall include--
       (A) the reasons for the denial (including the clinical 
     rationale);
       (B) instructions on how to initiate an appeal under section 
     4102; and
       (C) notice of the availability, upon request of the 
     individual (or the individual's designee) of the clinical 
     review criteria relied upon to make such denial.
       (2) Specification of any additional information.--Such a 
     notice shall also specify what (if any) additional necessary 
     information must be provided to, or obtained by, the person 
     making the denial in order to make a decision on such an 
     appeal.
       (f) Claim for Benefits and Denial of Claim for Benefits 
     Defined.--For purposes of this subtitle:
       (1) Claim for benefits.--The term ``claim for benefits'' 
     means any request for coverage (including authorization of 
     coverage), for eligibility, or for payment in whole or in 
     part, for an item or service under a group health plan or 
     health insurance coverage.
       (2) Denial of claim for benefits.--The term ``denial'' 
     means, with respect to a claim for benefits, means a denial, 
     or a failure to act on a timely basis upon, in whole or in 
     part, the claim for benefits and includes a failure to 
     provide benefits (including items and services) required to 
     be provided under this title.

     SEC. 4102. INTERNAL APPEALS PROCEDURES.

       (a) Right of Review.--
       (1) In general.--Each group health plan, and each health 
     insurance issuer offering health insurance coverage--
       (A) shall provide adequate notice in writing to any 
     participant or beneficiary under such plan, or enrollee under 
     such coverage, whose claim for benefits under the plan or 
     coverage has been denied (within the meaning of section 
     4101(f)(2)), setting forth the specific reasons for such 
     denial of claim for benefits and rights to any further review 
     or appeal, written in a manner calculated to be understood by 
     the participant, beneficiary, or enrollee; and
       (B) shall afford such a participant, beneficiary, or 
     enrollee (and any provider or other person acting on behalf 
     of such an individual with the individual's consent or 
     without such consent if the individual is medically unable to 
     provide such consent) who is dissatisfied with such a denial 
     of claim for benefits a reasonable opportunity (of not less 
     than 180 days) to request and obtain a full and fair review 
     by a named fiduciary (with respect to such plan) or named 
     appropriate individual (with respect to such coverage) of the 
     decision denying the claim.
       (2) Treatment of oral requests.--The request for review 
     under paragraph (1)(B) may be made orally, but, in the case 
     of an oral request, shall be followed by a request in 
     writing.
       (b) Internal Review Process.--
       (1) Conduct of review.--
       (A) In general.--A review of a denial of claim under this 
     section shall be made by an individual who--
       (i) in a case involving medical judgment, shall be a 
     physician or, in the case of limited scope coverage (as 
     defined in subparagraph (B), shall be an appropriate 
     specialist;
       (ii) has been selected by the plan or issuer; and
       (iii) did not make the initial denial in the internally 
     appealable decision.
       (B) Limited scope coverage defined.--For purposes of 
     subparagraph (A), the term ``limited scope coverage'' means a 
     group health plan or health insurance coverage the only 
     benefits under which are for benefits described in section 
     2791(c)(2)(A) of the Public Health Service Act (42 U.S.C. 
     300gg-91(c)(2)).
       (2) Time limits for internal reviews.--
       (A) In general.--Having received such a request for review 
     of a denial of claim, the plan or issuer shall, in accordance 
     with the medical exigencies of the case but not later than 
     the deadline specified in subparagraph (B), complete the 
     review on the denial and transmit to the participant, 
     beneficiary, enrollee, or other person involved a decision 
     that affirms, reverses, or modifies the denial. If the 
     decision does not reverse the denial, the plan or issuer 
     shall transmit, in printed form, a notice that sets forth the 
     grounds for such decision and that includes a description of 
     rights to any further appeal. Such decision shall be treated 
     as the final decision of the plan. Failure to issue such a 
     decision by such deadline shall be treated as a final 
     decision affirming the denial of claim.
       (B) Deadline.--
       (i) In general.--Subject to clauses (ii) and (iii), the 
     deadline specified in this subparagraph is 14 days after the 
     date of receipt of the request for internal review.
       (ii) Extension permitted where notice of additional 
     information required.--If a group health plan or health 
     insurance issuer--

       (I) receives a request for internal review;
       (II) determines that additional information is necessary to 
     complete the review and make the determination on the 
     request; and

[[Page S4884]]

       (III) notifies the requester, not later than five business 
     days after the date of receiving the request, of the need for 
     such specified additional information,

     the deadline specified in this subparagraph is 14 days after 
     the date the plan or issuer receives the specified additional 
     information, but in no case later than 28 days after the date 
     of receipt of the request for the internal review. This 
     clause shall not apply if the deadline is specified in clause 
     (iii).
       (iii) Expedited cases.--In the case of a situation 
     described in subsection (c)(1)(A), the deadline specified in 
     this subparagraph is 72 hours after the time of the request 
     for review.
       (c) Expedited Review Process.--
       (1) In general.--A group health plan, and a health 
     insurance issuer, shall establish procedures in writing for 
     the expedited consideration of requests for review under 
     subsection (b) in situations--
       (A) in which the application of the normal timeframe for 
     making a determination could seriously jeopardize the life or 
     health of the participant, beneficiary, or enrollee or such 
     an individual's ability to regain maximum function; or
       (B) described in section 4101(d)(2) (relating to requests 
     for continuation of ongoing care which would otherwise be 
     reduced or terminated).
       (2) Process.--Under such procedures--
       (A) the request for expedited review may be submitted 
     orally or in writing by an individual or provider who is 
     otherwise entitled to request the review;
       (B) all necessary information, including the plan's or 
     issuer's decision, shall be transmitted between the plan or 
     issuer and the requester by telephone, facsimile, or other 
     similarly expeditious available method; and
       (C) the plan or issuer shall expedite the review in the 
     case of any of the situations described in subparagraph (A) 
     or (B) of paragraph (1).
       (3) Deadline for decision.--The decision on the expedited 
     review must be made and communicated to the parties as soon 
     as possible in accordance with the medical exigencies of the 
     case, and in no event later than 72 hours after the time of 
     receipt of the request for expedited review, except that in a 
     case described in paragraph (1)(B), the decision must be made 
     before the end of the approved period of care.
       (d) Waiver of Process.--A plan or issuer may waive its 
     rights for an internal review under subsection (b). In such 
     case the participant, beneficiary, or enrollee involved (and 
     any designee or provider involved) shall be relieved of any 
     obligation to complete the review involved and may, at the 
     option of such participant, beneficiary, enrollee, designee, 
     or provider, proceed directly to seek further appeal through 
     any applicable external appeals process.

     SEC. 4103. EXTERNAL APPEALS PROCEDURES.

       (a) Right to External Appeal.--
       (1) In general.--A group health plan, and a health 
     insurance issuer offering health insurance coverage, shall 
     provide for an external appeals process that meets the 
     requirements of this section in the case of an externally 
     appealable decision described in paragraph (2), for which a 
     timely appeal is made either by the plan or issuer or by the 
     participant, beneficiary, or enrollee (and any provider or 
     other person acting on behalf of such an individual with the 
     individual's consent or without such consent if such an 
     individual is medically unable to provide such consent). The 
     appropriate Secretary shall establish standards to carry out 
     such requirements.
       (2) Externally appealable decision defined.--
       (A) In general.--For purposes of this section, the term 
     ``externally appealable decision'' means a denial of claim 
     for benefits (as defined in section 4101(f)(2))--
       (i) that is based in whole or in part on a decision that 
     the item or service is not medically necessary or appropriate 
     or is investigational or experimental; or
       (ii) in which the decision as to whether a benefit is 
     covered involves a medical judgment.
       (B) Inclusion.--Such term also includes a failure to meet 
     an applicable deadline for internal review under section 
     4102.
       (C) Exclusions.--Such term does not include--
       (i) specific exclusions or express limitations on the 
     amount, duration, or scope of coverage that do not involve 
     medical judgment; or
       (ii) a decision regarding whether an individual is a 
     participant, beneficiary, or enrollee under the plan or 
     coverage.
       (3) Exhaustion of internal review process.--Except as 
     provided under section 4102(d), a plan or issuer may 
     condition the use of an external appeal process in the case 
     of an externally appealable decision upon a final decision in 
     an internal review under section 4102, but only if the 
     decision is made in a timely basis consistent with the 
     deadlines provided under this subtitle.
       (4) Filing fee requirement.--
       (A) In general.--Subject to subparagraph (B), a plan or 
     issuer may condition the use of an external appeal process 
     upon payment to the plan or issuer of a filing fee that does 
     not exceed $25.
       (B) Exception for indigency.--The plan or issuer may not 
     require payment of the filing fee in the case of an 
     individual participant, beneficiary, or enrollee who 
     certifies (in a form and manner specified in guidelines 
     established by the Secretary of Health and Human Services) 
     that the individual is indigent (as defined in such 
     guidelines).
       (C) Refunding fee in case of successful appeals.--The plan 
     or issuer shall refund payment of the filing fee under this 
     paragraph if the recommendation of the external appeal entity 
     is to reverse or modify the denial of a claim for benefits 
     which is the subject of the appeal.
       (b) General Elements of External Appeals Process.--
       (1) Contract with qualified external appeal entity.--
       (A) Contract requirement.--Except as provided in 
     subparagraph (D), the external appeal process under this 
     section of a plan or issuer shall be conducted under a 
     contract between the plan or issuer and one or more qualified 
     external appeal entities (as defined in subsection (c)).
       (B) Limitation on plan or issuer selection.--The applicable 
     authority shall implement procedures--
       (i) to assure that the selection process among qualified 
     external appeal entities will not create any incentives for 
     external appeal entities to make a decision in a biased 
     manner; and
       (ii) for auditing a sample of decisions by such entities to 
     assure that no such decisions are made in a biased manner.
       (C) Other terms and conditions.--The terms and conditions 
     of a contract under this paragraph shall be consistent with 
     the standards the appropriate Secretary shall establish to 
     assure there is no real or apparent conflict of interest in 
     the conduct of external appeal activities. Such contract 
     shall provide that all costs of the process (except those 
     incurred by the participant, beneficiary, enrollee, or 
     treating professional in support of the appeal) shall be paid 
     by the plan or issuer, and not by the participant, 
     beneficiary, or enrollee. The previous sentence shall not be 
     construed as applying to the imposition of a filing fee under 
     subsection (a)(4).
       (D) State authority with respect qualified external appeal 
     entity for health insurance issuers.--With respect to health 
     insurance issuers offering health insurance coverage in a 
     State, the State may provide for external review activities 
     to be conducted by a qualified external appeal entity that is 
     designated by the State or that is selected by the State in a 
     manner determined by the State to assure an unbiased 
     determination.
       (2) Elements of process.--An external appeal process shall 
     be conducted consistent with standards established by the 
     appropriate Secretary that include at least the following:
       (A) Fair and de novo determination.--The process shall 
     provide for a fair, de novo determination. However, nothing 
     in this paragraph shall be construed as providing for 
     coverage of items and services for which benefits are 
     specifically excluded under the plan or coverage.
       (B) Standard of review.--An external appeal entity shall 
     determine whether the plan's or issuer's decision is in 
     accordance with the medical needs of the patient involved (as 
     determined by the entity) taking into account, as of the time 
     of the entity's determination, the patient's medical 
     condition and any relevant and reliable evidence the entity 
     obtains under subparagraph (D). If the entity determines the 
     decision is in accordance with such needs, the entity shall 
     affirm the decision and to the extent that the entity 
     determines the decision is not in accordance with such needs, 
     the entity shall reverse or modify the decision.
       (C) Consideration of plan or coverage definitions.--In 
     making such determination, the external appeal entity shall 
     consider (but not be bound by) any language in the plan or 
     coverage document relating to the definitions of the terms 
     medical necessity, medically necessary or appropriate, or 
     experimental, investigational, or related terms.
       (D) Evidence.--
       (i) In general.--An external appeal entity shall include, 
     among the evidence taken into consideration--

       (I) the decision made by the plan or issuer upon internal 
     review under section 4102 and any guidelines or standards 
     used by the plan or issuer in reaching such decision;
       (II) any personal health and medical information supplied 
     with respect to the individual whose denial of claim for 
     benefits has been appealed; and
       (III) the opinion of the individual's treating physician or 
     health care professional.

       (ii) Additional evidence.--Such entity may also take into 
     consideration but not be limited to the following evidence 
     (to the extent available):

       (I) The results of studies that meet professionally 
     recognized standards of validity and replicability or that 
     have been published in peer-reviewed journals.
       (II) The results of professional consensus conferences 
     conducted or financed in whole or in part by one or more 
     Government agencies.
       (III) Practice and treatment guidelines prepared or 
     financed in whole or in part by Government agencies.
       (IV) Government-issued coverage and treatment policies.
       (V) Community standard of care and generally accepted 
     principles of professional medical practice.
       (VI) To the extent that the entity determines it to be free 
     of any conflict of interest, the opinions of individuals who 
     are qualified as experts in one or more fields of health

[[Page S4885]]

     care which are directly related to the matters under appeal.
       (VII) To the extent that the entity determines it to be 
     free of any conflict of interest, the results of peer reviews 
     conducted by the plan or issuer involved.

       (E) Determination concerning externally appealable 
     decisions.--A qualified external appeal entity shall 
     determine--
       (i) whether a denial of claim for benefits is an externally 
     appealable decision (within the meaning of subsection 
     (a)(2));
       (ii) whether an externally appealable decision involves an 
     expedited appeal; and
       (iii) for purposes of initiating an external review, 
     whether the internal review process has been completed.
       (F) Opportunity to submit evidence.--Each party to an 
     externally appealable decision may submit evidence related to 
     the issues in dispute.
       (G) Provision of information.--The plan or issuer involved 
     shall provide timely access to the external appeal entity to 
     information and to provisions of the plan or health insurance 
     coverage relating to the matter of the externally appealable 
     decision, as determined by the entity.
       (H) Timely decisions.--A determination by the external 
     appeal entity on the decision shall--
       (i) be made orally or in writing and, if it is made orally, 
     shall be supplied to the parties in writing as soon as 
     possible;
       (ii) be made in accordance with the medical exigencies of 
     the case involved, but in no event later than 21 days after 
     the date (or, in the case of an expedited appeal, 72 hours 
     after the time) of requesting an external appeal of the 
     decision;
       (iii) state, in layperson's language, the basis for the 
     determination, including, if relevant, any basis in the terms 
     or conditions of the plan or coverage; and
       (iv) inform the participant, beneficiary, or enrollee of 
     the individual's rights (including any limitation on such 
     rights) to seek further review by the courts (or other 
     process) of the external appeal determination.
       (I) Compliance with determination.--If the external appeal 
     entity reverses or modifies the denial of a claim for 
     benefits, the plan or issuer shall--
       (i) upon the receipt of the determination, authorize 
     benefits in accordance with such determination;
       (ii) take such actions as may be necessary to provide 
     benefits (including items or services) in a timely manner 
     consistent with such determination; and
       (iii) submit information to the entity documenting 
     compliance with the entity's determination and this 
     subparagraph.
       (c) Qualifications of External Appeal Entities.--
       (1) In general.--For purposes of this section, the term 
     ``qualified external appeal entity'' means, in relation to a 
     plan or issuer, an entity that is certified under paragraph 
     (2) as meeting the following requirements:
       (A) The entity meets the independence requirements of 
     paragraph (3).
       (B) The entity conducts external appeal activities through 
     a panel of not fewer than three clinical peers.
       (C) The entity has sufficient medical, legal, and other 
     expertise and sufficient staffing to conduct external appeal 
     activities for the plan or issuer on a timely basis 
     consistent with subsection (b)(2)(G).
       (D) The entity meets such other requirements as the 
     appropriate Secretary may impose.
       (2) Initial certification of external appeal entities.--
       (A) In general.--In order to be treated as a qualified 
     external appeal entity with respect to--
       (i) a group health plan, the entity must be certified (and, 
     in accordance with subparagraph (B), periodically 
     recertified) as meeting the requirements of paragraph (1)--

       (I) by the Secretary of Labor;
       (II) under a process recognized or approved by the 
     Secretary of Labor; or
       (III) to the extent provided in subparagraph (C)(i), by a 
     qualified private standard-setting organization (certified 
     under such subparagraph); or

       (ii) a health insurance issuer operating in a State, the 
     entity must be certified (and, in accordance with 
     subparagraph (B), periodically recertified) as meeting such 
     requirements--

       (I) by the applicable State authority (or under a process 
     recognized or approved by such authority); or
       (II) if the State has not established a certification and 
     recertification process for such entities, by the Secretary 
     of Health and Human Services, under a process recognized or 
     approved by such Secretary, or to the extent provided in 
     subparagraph (C)(ii), by a qualified private standard-setting 
     organization (certified under such subparagraph).

       (B) Recertification process.--The appropriate Secretary 
     shall develop standards for the recertification of external 
     appeal entities. Such standards shall include a review of--
       (i) the number of cases reviewed;
       (ii) a summary of the disposition of those cases;
       (iii) the length of time in making determinations on those 
     cases;
       (iv) updated information of what was required to be 
     submitted as a condition of certification for the entity's 
     performance of external appeal activities; and
       (v) such information as may be necessary to assure the 
     independence of the entity from the plans or issuers for 
     which external appeal activities are being conducted.
       (C) Certification of qualified private standard-setting 
     organizations.--
       (i) For external reviews under group health plans.--For 
     purposes of subparagraph (A)(i)(III), the Secretary of Labor 
     may provide for a process for certification (and periodic 
     recertification) of qualified private standard-setting 
     organizations which provide for certification of external 
     review entities. Such an organization shall only be certified 
     if the organization does not certify an external review 
     entity unless it meets standards required for certification 
     of such an entity by such Secretary under subparagraph 
     (A)(i)(I).
       (ii) For external reviews of health insurance issuers.--For 
     purposes of subparagraph (A)(ii)(II), the Secretary of Health 
     and Human Services may provide for a process for 
     certification (and periodic recertification) of qualified 
     private standard-setting organizations which provide for 
     certification of external review entities. Such an 
     organization shall only be certified if the organization does 
     not certify an external review entity unless it meets 
     standards required for certification of such an entity by 
     such Secretary under subparagraph (A)(ii)(II).
       (3) Independence requirements.--
       (A) In general.--A clinical peer or other entity meets the 
     independence requirements of this paragraph if--
       (i) the peer or entity does not have a familial, financial, 
     or professional relationship with any related party;
       (ii) any compensation received by such peer or entity in 
     connection with the external review is reasonable and not 
     contingent on any decision rendered by the peer or entity;
       (iii) except as provided in paragraph (4), the plan and the 
     issuer have no recourse against the peer or entity in 
     connection with the external review; and
       (iv) the peer or entity does not otherwise have a conflict 
     of interest with a related party as determined under any 
     regulations which the Secretary may prescribe.
       (B) Related party.--For purposes of this paragraph, the 
     term ``related party'' means--
       (i) with respect to--

       (I) a group health plan or health insurance coverage 
     offered in connection with such a plan, the plan or the 
     health insurance issuer offering such coverage; or
       (II) individual health insurance coverage, the health 
     insurance issuer offering such coverage,

     or any plan sponsor, fiduciary, officer, director, or 
     management employee of such plan or issuer;
       (ii) the health care professional that provided the health 
     care involved in the coverage decision;
       (iii) the institution at which the health care involved in 
     the coverage decision is provided;
       (iv) the manufacturer of any drug or other item that was 
     included in the health care involved in the coverage 
     decision; or
       (v) any other party determined under any regulations which 
     the Secretary may prescribe to have a substantial interest in 
     the coverage decision.
       (4) Limitation on liability of reviewers.--No qualified 
     external appeal entity having a contract with a plan or 
     issuer under this part and no person who is employed by any 
     such entity or who furnishes professional services to such 
     entity, shall be held by reason of the performance of any 
     duty, function, or activity required or authorized pursuant 
     to this section, to have violated any criminal law, or to be 
     civilly liable under any law of the United States or of any 
     State (or political subdivision thereof) if due care was 
     exercised in the performance of such duty, function, or 
     activity and there was no actual malice or gross misconduct 
     in the performance of such duty, function, or activity.
       (d) External Appeal Determination Binding on Plan.--The 
     determination by an external appeal entity under this section 
     is binding on the plan and issuer involved in the 
     determination.
       (e) Penalties Against Authorized Officials for Refusing to 
     Authorize the Determination of an External Review Entity.--
       (1) Monetary penalties.--In any case in which the 
     determination of an external review entity is not followed by 
     a group health plan, or by a health insurance issuer offering 
     health insurance coverage, any person who, acting in the 
     capacity of authorizing the benefit, causes such refusal may, 
     in the discretion in a court of competent jurisdiction, be 
     liable to an aggrieved participant, beneficiary, or enrollee 
     for a civil penalty in an amount of up to $1,000 a day from 
     the date on which the determination was transmitted to the 
     plan or issuer by the external review entity until the date 
     the refusal to provide the benefit is corrected.
       (2) Cease and desist order and order of attorney's fees.--
     In any action described in paragraph (1) brought by a 
     participant, beneficiary, or enrollee with respect to a group 
     health plan, or a health insurance issuer offering health 
     insurance coverage, in which a plaintiff alleges that a 
     person referred to in such paragraph has taken an action 
     resulting in a refusal of a benefit determined by an external 
     appeal entity in violation of such terms of the plan, 
     coverage, or this subtitle, or has failed to take an action 
     for which such person is responsible under the plan, 
     coverage, or this title and which is necessary under the plan 
     or coverage for authorizing a

[[Page S4886]]

     benefit, the court shall cause to be served on the defendant 
     an order requiring the defendant--
       (A) to cease and desist from the alleged action or failure 
     to act; and
       (B) to pay to the plaintiff a reasonable attorney's fee and 
     other reasonable costs relating to the prosecution of the 
     action on the charges on which the plaintiff prevails.
       (3) Additional civil penalties.--
       (A) In general.--In addition to any penalty imposed under 
     paragraph (1) or (2), the appropriate Secretary may assess a 
     civil penalty against a person acting in the capacity of 
     authorizing a benefit determined by an external review entity 
     for one or more group health plans, or health insurance 
     issuers offering health insurance coverage, for--
       (i) any pattern or practice of repeated refusal to 
     authorize a benefit determined by an external appeal entity 
     in violation of the terms of such a plan, coverage, or this 
     title; or
       (ii) any pattern or practice of repeated violations of the 
     requirements of this section with respect to such plan or 
     plans or coverage.
       (B) Standard of proof and amount of penalty.--Such penalty 
     shall be payable only upon proof by clear and convincing 
     evidence of such pattern or practice and shall be in an 
     amount not to exceed the lesser of--
       (i) 25 percent of the aggregate value of benefits shown by 
     the appropriate Secretary to have not been provided, or 
     unlawfully delayed, in violation of this section under such 
     pattern or practice; or
       (ii) $500,000.
       (4) Removal and disqualification.--Any person acting in the 
     capacity of authorizing benefits who has engaged in any such 
     pattern or practice described in paragraph (3)(A) with 
     respect to a plan or coverage, upon the petition of the 
     appropriate Secretary, may be removed by the court from such 
     position, and from any other involvement, with respect to 
     such a plan or coverage, and may be precluded from returning 
     to any such position or involvement for a period determined 
     by the court.
       (f) Protection of Legal Rights.--Nothing in this subtitle 
     shall be construed as altering or eliminating any cause of 
     action or legal rights or remedies of participants, 
     beneficiaries, enrollees, and others under State or Federal 
     law (including sections 502 and 503 of the Employee 
     Retirement Income Security Act of 1974), including the right 
     to file judicial actions to enforce rights.

     SEC. 4104. ESTABLISHMENT OF A GRIEVANCE PROCESS.

       (a) Establishment of Grievance System.--
       (1) In general.--A group health plan, and a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, shall establish and maintain a system to 
     provide for the presentation and resolution of oral and 
     written grievances brought by individuals who are 
     participants, beneficiaries, or enrollees, or health care 
     providers or other individuals acting on behalf of an 
     individual and with the individual's consent or without such 
     consent if the individual is medically unable to provide such 
     consent, regarding any aspect of the plan's or issuer's 
     services.
       (2) Grievance defined.--In this section, the term 
     ``grievance'' means any question, complaint, or concern 
     brought by a participant, beneficiary or enrollee that is not 
     a claim for benefits (as defined in section 4101(f)(1)).
       (b) Grievance System.--Such system shall include the 
     following components with respect to individuals who are 
     participants, beneficiaries, or enrollees:
       (1) Written notification to all such individuals and 
     providers of the telephone numbers and business addresses of 
     the plan or issuer personnel responsible for resolution of 
     grievances and appeals.
       (2) A system to record and document, over a period of at 
     least three previous years, all grievances and appeals made 
     and their status.
       (3) A process providing for timely processing and 
     resolution of grievances.
       (4) Procedures for follow-up action, including the methods 
     to inform the person making the grievance of the resolution 
     of the grievance.
     Grievances are not subject to appeal under the previous 
     provisions of this subtitle.

                       Subtitle B--Access to Care

     SEC. 4111. CONSUMER CHOICE OPTION.

       (a) In General.--If--
       (1) a health insurance issuer providing health insurance 
     coverage in connection with a group health plan offers to 
     enrollees health insurance coverage which provides for 
     coverage of services only if such services are furnished 
     through health care professionals and providers who are 
     members of a network of health care professionals and 
     providers who have entered into a contract with the issuer to 
     provide such services, or
       (2) a group health plan offers to participants or 
     beneficiaries health benefits which provide for coverage of 
     services only if such services are furnished through health 
     care professionals and providers who are members of a network 
     of health care professionals and providers who have entered 
     into a contract with the plan to provide such services,
     then the issuer or plan shall also offer or arrange to be 
     offered to such enrollees, participants, or beneficiaries (at 
     the time of enrollment and during an annual open season as 
     provided under subsection (c)) the option of health insurance 
     coverage or health benefits which provide for coverage of 
     such services which are not furnished through health care 
     professionals and providers who are members of such a network 
     unless such enrollees, participants, or beneficiaries are 
     offered such non-network coverage through another group 
     health plan or through another health insurance issuer in the 
     group market.
       (b) Additional Costs.--The amount of any additional premium 
     charged by the health insurance issuer or group health plan 
     for the additional cost of the creation and maintenance of 
     the option described in subsection (a) and the amount of any 
     additional cost sharing imposed under such option shall be 
     borne by the enrollee, participant, or beneficiary unless it 
     is paid by the health plan sponsor or group health plan 
     through agreement with the health insurance issuer.
       (c) Open Season.--An enrollee, participant, or beneficiary, 
     may change to the offering provided under this section only 
     during a time period determined by the health insurance 
     issuer or group health plan. Such time period shall occur at 
     least annually.

     SEC. 4112. CHOICE OF HEALTH CARE PROFESSIONAL.

       (a) Primary Care.--If a group health plan, or a health 
     insurance issuer that offers health insurance coverage, 
     requires or provides for designation by a participant, 
     beneficiary, or enrollee of a participating primary care 
     provider, then the plan or issuer shall permit each 
     participant, beneficiary, and enrollee to designate any 
     participating primary care provider who is available to 
     accept such individual.
       (b) Specialists.--
       (1) In general.--Subject to paragraph (2), a group health 
     plan and a health insurance issuer that offers health 
     insurance coverage shall permit each participant, 
     beneficiary, or enrollee to receive medically necessary or 
     appropriate specialty care, pursuant to appropriate referral 
     procedures, from any qualified participating health care 
     professional who is available to accept such individual for 
     such care.
       (2) Limitation.--Paragraph (1) shall not apply to specialty 
     care if the plan or issuer clearly informs participants, 
     beneficiaries, and enrollees of the limitations on choice of 
     participating health care professionals with respect to such 
     care.
       (3) Construction.--Nothing in this subsection shall be 
     construed as affecting the application of section 4114 
     (relating to access to specialty care).

     SEC. 4113. ACCESS TO EMERGENCY CARE.

       (a) Coverage of Emergency Services.--
       (1) In general.--If a group health plan, or health 
     insurance coverage offered by a health insurance issuer, 
     provides any benefits with respect to services in an 
     emergency department of a hospital, the plan or issuer shall 
     cover emergency services (as defined in paragraph (2)(B))--
       (A) without the need for any prior authorization 
     determination;
       (B) whether or not the health care provider furnishing such 
     services is a participating provider with respect to such 
     services;
       (C) in a manner so that, if such services are provided to a 
     participant, beneficiary, or enrollee--
       (i) by a nonparticipating health care provider with or 
     without prior authorization; or
       (ii) by a participating health care provider without prior 
     authorization,
     the participant, beneficiary, or enrollee is not liable for 
     amounts that exceed the amounts of liability that would be 
     incurred if the services were provided by a participating 
     health care provider with prior authorization; and
       (D) without regard to any other term or condition of such 
     coverage (other than exclusion or coordination of benefits, 
     or an affiliation or waiting period, permitted under section 
     2701 of the Public Health Service Act, section 701 of the 
     Employee Retirement Income Security Act of 1974, or section 
     9801 of the Internal Revenue Code of 1986, and other than 
     applicable cost-sharing).
       (2) Definitions.--In this section:
       (A) Emergency medical condition based on prudent layperson 
     standard.--The term ``emergency medical condition'' means a 
     medical condition manifesting itself by acute symptoms of 
     sufficient severity (including severe pain) such that a 
     prudent layperson, who possesses an average knowledge of 
     health and medicine, could reasonably expect the absence of 
     immediate medical attention to result in a condition 
     described in clause (i), (ii), or (iii) of section 
     1867(e)(1)(A) of the Social Security Act.
       (B) Emergency services.--The term ``emergency services'' 
     means--
       (i) a medical screening examination (as required under 
     section 1867 of the Social Security Act) that is within the 
     capability of the emergency department of a hospital, 
     including ancillary services routinely available to the 
     emergency department to evaluate an emergency medical 
     condition (as defined in subparagraph (A)); and
       (ii) within the capabilities of the staff and facilities 
     available at the hospital, such further medical examination 
     and treatment as are required under section 1867 of such Act 
     to stabilize the patient.
       (C) Stabilize.--The term ``to stabilize'' means, with 
     respect to an emergency medical condition, to provide such 
     medical treatment of the condition as may be necessary to 
     assure, within reasonable medical probability, that no 
     material deterioration of the condition is likely to result 
     from or occur during the transfer of the individual from a 
     facility.

[[Page S4887]]

       (b) Reimbursement for Maintenance Care and Post-
     Stabilization Care.--In the case of services (other than 
     emergency services) for which benefits are available under a 
     group health plan, or under health insurance coverage offered 
     by a health insurance issuer, the plan or issuer shall 
     provide for reimbursement with respect to such services 
     provided to a participant, beneficiary, or enrollee other 
     than through a participating health care provider in a manner 
     consistent with subsection (a)(1)(C) (and shall otherwise 
     comply with the guidelines established under section 
     1852(d)(2) of the Social Security Act), if the services are 
     maintenance care or post-stabilization care covered under 
     such guidelines.

     SEC. 4114. ACCESS TO SPECIALTY CARE.

       (a) Specialty Care for Covered Services.--
       (1) In general.--If--
       (A) an individual is a participant or beneficiary under a 
     group health plan or an enrollee who is covered under health 
     insurance coverage offered by a health insurance issuer;
       (B) the individual has a condition or disease of sufficient 
     seriousness and complexity to require treatment by a 
     specialist; and
       (C) benefits for such treatment are provided under the plan 
     or coverage,
     the plan or issuer shall make or provide for a referral to a 
     specialist who is available and accessible to provide the 
     treatment for such condition or disease.
       (2) Specialist defined.--For purposes of this subsection, 
     the term ``specialist'' means, with respect to a condition, a 
     health care practitioner, facility, or center that has 
     adequate expertise through appropriate training and 
     experience (including, in the case of a child, appropriate 
     pediatric expertise) to provide high quality care in treating 
     the condition.
       (3) Care under referral.--A group health plan or health 
     insurance issuer may require that the care provided to an 
     individual pursuant to such referral under paragraph (1) be--
       (A) pursuant to a treatment plan, only if the treatment 
     plan is developed by the specialist and approved by the plan 
     or issuer, in consultation with the designated primary care 
     provider or specialist and the individual (or the 
     individual's designee); and
       (B) in accordance with applicable quality assurance and 
     utilization review standards of the plan or issuer.
     Nothing in this subsection shall be construed as preventing 
     such a treatment plan for an individual from requiring a 
     specialist to provide the primary care provider with regular 
     updates on the specialty care provided, as well as all 
     necessary medical information.
       (4) Referrals to participating providers.--A group health 
     plan or health insurance issuer is not required under 
     paragraph (1) to provide for a referral to a specialist that 
     is not a participating provider, unless the plan or issuer 
     does not have an appropriate specialist that is available and 
     accessible to treat the individual's condition and that is a 
     participating provider with respect to such treatment.
       (5) Treatment of nonparticipating providers.--If a plan or 
     issuer refers an individual to a nonparticipating specialist 
     pursuant to paragraph (1), services provided pursuant to the 
     approved treatment plan (if any) shall be provided at no 
     additional cost to the individual beyond what the individual 
     would otherwise pay for services received by such a 
     specialist that is a participating provider.
       (b) Specialists as Gatekeeper for Treatment of Ongoing 
     Special Conditions.--
       (1) In general.--A group health plan, or a health insurance 
     issuer, in connection with the provision of health insurance 
     coverage, shall have a procedure by which an individual who 
     is a participant, beneficiary, or enrollee and who has an 
     ongoing special condition (as defined in paragraph (3)) may 
     request and receive a referral to a specialist for such 
     condition who shall be responsible for and capable of 
     providing and coordinating the individual's care with respect 
     to the condition. Under such procedures if such an 
     individual's care would most appropriately be coordinated by 
     such a specialist, such plan or issuer shall refer the 
     individual to such specialist.
       (2) Treatment for related referrals.--Such specialists 
     shall be permitted to treat the individual without a referral 
     from the individual's primary care provider and may authorize 
     such referrals, procedures, tests, and other medical services 
     as the individual's primary care provider would otherwise be 
     permitted to provide or authorize, subject to the terms of 
     the treatment (referred to in subsection (a)(3)(A)) with 
     respect to the ongoing special condition.
       (3) Ongoing special condition defined.--In this subsection, 
     the term ``ongoing special condition'' means a condition or 
     disease that--
       (A) is life-threatening, degenerative, or disabling; and
       (B) requires specialized medical care over a prolonged 
     period of time.
       (4) Terms of referral.--The provisions of paragraphs (3) 
     through (5) of subsection (a) apply with respect to referrals 
     under paragraph (1) of this subsection in the same manner as 
     they apply to referrals under subsection (a)(1).
       (c) Standing Referrals.--
       (1) In general.--A group health plan, and a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, shall have a procedure by which an 
     individual who is a participant, beneficiary, or enrollee and 
     who has a condition that requires ongoing care from a 
     specialist may receive a standing referral to such specialist 
     for treatment of such condition. If the plan or issuer, or if 
     the primary care provider in consultation with the medical 
     director of the plan or issuer and the specialist (if any), 
     determines that such a standing referral is appropriate, the 
     plan or issuer shall make such a referral to such a 
     specialist if the individual so desires.
       (2) Terms of referral.--The provisions of paragraphs (3) 
     through (5) of subsection (a) apply with respect to referrals 
     under paragraph (1) of this subsection in the same manner as 
     they apply to referrals under subsection (a)(1).

     SEC. 4115. ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.

       (a) In General.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for a participant, 
     beneficiary, or enrollee to designate a participating primary 
     care health care professional, the plan or issuer--
       (1) may not require authorization or a referral by the 
     individual's primary care health care professional or 
     otherwise for coverage of gynecological care (including 
     preventive women's health examinations) and pregnancy-related 
     services provided by a participating health care 
     professional, including a physician, who specializes in 
     obstetrics and gynecology to the extent such care is 
     otherwise covered; and
       (2) shall treat the ordering of other obstetrical or 
     gynecological care by such a participating professional as 
     the authorization of the primary care health care 
     professional with respect to such care under the plan or 
     coverage.
       (b) Construction.--Nothing in subsection (a) shall be 
     construed to--
       (1) waive any exclusions of coverage under the terms of the 
     plan or health insurance coverage with respect to coverage of 
     obstetrical or gynecological care; or
       (2) preclude the group health plan or health insurance 
     issuer involved from requiring that the obstetrical or 
     gynecological provider notify the primary care health care 
     professional or the plan or issuer of treatment decisions.

     SEC. 4116. ACCESS TO PEDIATRIC CARE.

       (a) Pediatric Care.--If a group health plan, or a health 
     insurance issuer in connection with the provision of health 
     insurance coverage, requires or provides for an enrollee to 
     designate a participating primary care provider for a child 
     of such enrollee, the plan or issuer shall permit the 
     enrollee to designate a physician who specializes in 
     pediatrics as the child's primary care provider.
       (b) Construction.--Nothing in subsection (a) shall be 
     construed to waive any exclusions of coverage under the terms 
     of the plan or health insurance coverage with respect to 
     coverage of pediatric care.

     SEC. 4117. CONTINUITY OF CARE.

       (a) In General.--
       (1) Termination of provider.--If a contract between a group 
     health plan, or a health insurance issuer in connection with 
     the provision of health insurance coverage, and a health care 
     provider is terminated (as defined in paragraph (3)(B)), or 
     benefits or coverage provided by a health care provider are 
     terminated because of a change in the terms of provider 
     participation in a group health plan, and an individual who 
     is a participant, beneficiary, or enrollee in the plan or 
     coverage is undergoing treatment from the provider for an 
     ongoing special condition (as defined in paragraph (3)(A)) at 
     the time of such termination, the plan or issuer shall--
       (A) notify the individual on a timely basis of such 
     termination and of the right to elect continuation of 
     coverage of treatment by the provider under this section; and
       (B) subject to subsection (c), permit the individual to 
     elect to continue to be covered with respect to treatment by 
     the provider of such condition during a transitional period 
     (provided under subsection (b)).
       (2) Treatment of termination of contract with health 
     insurance issuer.--If a contract for the provision of health 
     insurance coverage between a group health plan and a health 
     insurance issuer is terminated and, as a result of such 
     termination, coverage of services of a health care provider 
     is terminated with respect to an individual, the provisions 
     of paragraph (1) (and the succeeding provisions of this 
     section) shall apply under the plan in the same manner as if 
     there had been a contract between the plan and the provider 
     that had been terminated, but only with respect to benefits 
     that are covered under the plan after the contract 
     termination.
       (3) Definitions.--For purposes of this section:
       (A) Ongoing special condition.--The term ``ongoing special 
     condition'' has the meaning given such term in section 
     4114(b)(3), and also includes pregnancy.
       (B) Termination.--The term ``terminated'' includes, with 
     respect to a contract, the expiration or nonrenewal of the 
     contract, but does not include a termination of the contract 
     by the plan or issuer for failure to meet applicable quality 
     standards or for fraud.
       (b) Transitional Period.--
       (1) In general.--Except as provided in paragraphs (2) 
     through (4), the transitional period under this subsection 
     shall extend up to 90 days (as determined by the treating 
     health care professional) after the date of

[[Page S4888]]

     the notice described in subsection (a)(1)(A) of the 
     provider's termination.
       (2) Scheduled surgery and organ transplantation.--If 
     surgery or organ transplantation was scheduled for an 
     individual before the date of the announcement of the 
     termination of the provider status under subsection (a)(1)(A) 
     or if the individual on such date was on an established 
     waiting list or otherwise scheduled to have such surgery or 
     transplantation, the transitional period under this 
     subsection with respect to the surgery or transplantation 
     shall extend beyond the period under paragraph (1) and until 
     the date of discharge of the individual after completion of 
     the surgery or transplantation.
       (3) Pregnancy.--If--
       (A) a participant, beneficiary, or enrollee was determined 
     to be pregnant at the time of a provider's termination of 
     participation; and
       (B) the provider was treating the pregnancy before date of 
     the termination,
     the transitional period under this subsection with respect to 
     provider's treatment of the pregnancy shall extend through 
     the provision of post-partum care directly related to the 
     delivery.
       (4) Terminal illness.--If--
       (A) a participant, beneficiary, or enrollee was determined 
     to be terminally ill (as determined under section 
     1861(dd)(3)(A) of the Social Security Act) at the time of a 
     provider's termination of participation; and
       (B) the provider was treating the terminal illness before 
     the date of termination,
     the transitional period under this subsection shall extend 
     for the remainder of the individual's life for care directly 
     related to the treatment of the terminal illness or its 
     medical manifestations.
       (c) Permissible Terms and Conditions.--A group health plan 
     or health insurance issuer may condition coverage of 
     continued treatment by a provider under subsection (a)(1)(B) 
     upon the individual notifying the plan of the election of 
     continued coverage and upon the provider agreeing to the 
     following terms and conditions:
       (1) The provider agrees to accept reimbursement from the 
     plan or issuer and individual involved (with respect to cost-
     sharing) at the rates applicable prior to the start of the 
     transitional period as payment in full (or, in the case 
     described in subsection (a)(2), at the rates applicable under 
     the replacement plan or issuer after the date of the 
     termination of the contract with the health insurance issuer) 
     and not to impose cost-sharing with respect to the individual 
     in an amount that would exceed the cost-sharing that could 
     have been imposed if the contract referred to in subsection 
     (a)(1) had not been terminated.
       (2) The provider agrees to adhere to the quality assurance 
     standards of the plan or issuer responsible for payment under 
     paragraph (1) and to provide to such plan or issuer necessary 
     medical information related to the care provided.
       (3) The provider agrees otherwise to adhere to such plan's 
     or issuer's policies and procedures, including procedures 
     regarding referrals and obtaining prior authorization and 
     providing services pursuant to a treatment plan (if any) 
     approved by the plan or issuer.
       (d) Construction.--Nothing in this section shall be 
     construed to require the coverage of benefits which would not 
     have been covered if the provider involved remained a 
     participating provider.

     SEC. 4118. ACCESS TO NEEDED PRESCRIPTION DRUGS.

       If a group health plan, or health insurance issuer that 
     offers health insurance coverage, provides benefits with 
     respect to prescription drugs but the coverage limits such 
     benefits to drugs included in a formulary, the plan or issuer 
     shall--
       (1) ensure participation of participating physicians and 
     pharmacists in the development of the formulary;
       (2) disclose to providers and, disclose upon request under 
     section 4121(c)(5) to participants, beneficiaries, and 
     enrollees, the nature of the formulary restrictions; and
       (3) consistent with the standards for a utilization review 
     program under section 4101, provide for exceptions from the 
     formulary limitation when a non-formulary alternative is 
     medically indicated.

     SEC. 4119. COVERAGE FOR INDIVIDUALS PARTICIPATING IN APPROVED 
                   CLINICAL TRIALS.

       (a) Coverage.--
       (1) In general.--If a group health plan, or health 
     insurance issuer that is providing health insurance coverage, 
     provides coverage to a qualified individual (as defined in 
     subsection (b)), the plan or issuer--
       (A) may not deny the individual participation in the 
     clinical trial referred to in subsection (b)(2);
       (B) subject to subsection (c), may not deny (or limit or 
     impose additional conditions on) the coverage of routine 
     patient costs for items and services furnished in connection 
     with participation in the trial; and
       (C) may not discriminate against the individual on the 
     basis of the enrollee's participation in such trial.
       (2) Exclusion of certain costs.--For purposes of paragraph 
     (1)(B), routine patient costs do not include the cost of the 
     tests or measurements conducted primarily for the purpose of 
     the clinical trial involved.
       (3) Use of in-network providers.--If one or more 
     participating providers is participating in a clinical trial, 
     nothing in paragraph (1) shall be construed as preventing a 
     plan or issuer from requiring that a qualified individual 
     participate in the trial through such a participating 
     provider if the provider will accept the individual as a 
     participant in the trial.
       (b) Qualified Individual Defined.--For purposes of 
     subsection (a), the term ``qualified individual'' means an 
     individual who is a participant or beneficiary in a group 
     health plan, or who is an enrollee under health insurance 
     coverage, and who meets the following conditions:
       (1)(A) The individual has a life-threatening or serious 
     illness for which no standard treatment is effective.
       (B) The individual is eligible to participate in an 
     approved clinical trial according to the trial protocol with 
     respect to treatment of such illness.
       (C) The individual's participation in the trial offers 
     meaningful potential for significant clinical benefit for the 
     individual.
       (2) Either--
       (A) the referring physician is a participating health care 
     professional and has concluded that the individual's 
     participation in such trial would be appropriate based upon 
     the individual meeting the conditions described in paragraph 
     (1); or
       (B) the participant, beneficiary, or enrollee provides 
     medical and scientific information establishing that the 
     individual's participation in such trial would be appropriate 
     based upon the individual meeting the conditions described in 
     paragraph (1).
       (c) Payment.--
       (1) In general.--Under this section a group health plan or 
     health insurance issuer shall provide for payment for routine 
     patient costs described in subsection (a)(2) but is not 
     required to pay for costs of items and services that are 
     reasonably expected (as determined by the Secretary) to be 
     paid for by the sponsors of an approved clinical trial.
       (2) Payment rate.--In the case of covered items and 
     services provided by--
       (A) a participating provider, the payment rate shall be at 
     the agreed upon rate; or
       (B) a nonparticipating provider, the payment rate shall be 
     at the rate the plan or issuer would normally pay for 
     comparable services under subparagraph (A).
       (d) Approved Clinical Trial Defined.--
       (1) In general.--In this section, the term ``approved 
     clinical trial'' means a clinical research study or clinical 
     investigation approved and funded (which may include funding 
     through in-kind contributions) by one or more of the 
     following:
       (A) The National Institutes of Health.
       (B) A cooperative group or center of the National 
     Institutes of Health.
       (C) Either of the following if the conditions described in 
     paragraph (2) are met:
       (i) The Department of Veterans Affairs.
       (ii) The Department of Defense.
       (2) Conditions for departments.--The conditions described 
     in this paragraph, for a study or investigation conducted by 
     a Department, are that the study or investigation has been 
     reviewed and approved through a system of peer review that 
     the Secretary determines--
       (A) to be comparable to the system of peer review of 
     studies and investigations used by the National Institutes of 
     Health; and
       (B) assures unbiased review of the highest scientific 
     standards by qualified individuals who have no interest in 
     the outcome of the review.
       (e) Construction.--Nothing in this section shall be 
     construed to limit a plan's or issuer's coverage with respect 
     to clinical trials.

                   Subtitle C--Access to Information

     SEC. 4121. PATIENT ACCESS TO INFORMATION.

       (a) Disclosure Requirement.--
       (1) Group health plans.--A group health plan shall--
       (A) provide to participants and beneficiaries at the time 
     of initial coverage under the plan (or the effective date of 
     this section, in the case of individuals who are participants 
     or beneficiaries as of such date), and at least annually 
     thereafter, the information described in subsection (b) in 
     printed form;
       (B) provide to participants and beneficiaries, within a 
     reasonable period (as specified by the appropriate Secretary) 
     before or after the date of significant changes in the 
     information described in subsection (b), information in 
     printed form on such significant changes; and
       (C) upon request, make available to participants and 
     beneficiaries, the applicable authority, and prospective 
     participants and beneficiaries, the information described in 
     subsection (b) or (c) in printed form.
       (2) Health insurance issuers.--A health insurance issuer in 
     connection with the provision of health insurance coverage 
     shall--
       (A) provide to individuals enrolled under such coverage at 
     the time of enrollment, and at least annually thereafter, the 
     information described in subsection (b) in printed form;
       (B) provide to enrollees, within a reasonable period (as 
     specified by the appropriate Secretary) before or after the 
     date of significant changes in the information described in 
     subsection (b), information in printed form on such 
     significant changes; and
       (C) upon request, make available to the applicable 
     authority, to individuals who are prospective enrollees, and 
     to the public the information described in subsection (b) or 
     (c) in printed form.
       (b) Information Provided.--The information described in 
     this subsection with respect to a group health plan or health 
     insurance coverage offered by a health insurance issuer 
     includes the following:

[[Page S4889]]

       (1) Service area.--The service area of the plan or issuer.
       (2) Benefits.--Benefits offered under the plan or coverage, 
     including--
       (A) covered benefits, including benefit limits and coverage 
     exclusions;
       (B) cost sharing, such as deductibles, coinsurance, and 
     copayment amounts, including any liability for balance 
     billing, any maximum limitations on out of pocket expenses, 
     and the maximum out of pocket costs for services that are 
     provided by nonparticipating providers or that are furnished 
     without meeting the applicable utilization review 
     requirements;
       (C) the extent to which benefits may be obtained from 
     nonparticipating providers;
       (D) the extent to which a participant, beneficiary, or 
     enrollee may select from among participating providers and 
     the types of providers participating in the plan or issuer 
     network;
       (E) process for determining experimental coverage; and
       (F) use of a prescription drug formulary.
       (3) Access.--A description of the following:
       (A) The number, mix, and distribution of providers under 
     the plan or coverage.
       (B) Out-of-network coverage (if any) provided by the plan 
     or coverage.
       (C) Any point-of-service option (including any supplemental 
     premium or cost-sharing for such option).
       (D) The procedures for participants, beneficiaries, and 
     enrollees to select, access, and change participating primary 
     and specialty providers.
       (E) The rights and procedures for obtaining referrals 
     (including standing referrals) to participating and 
     nonparticipating providers.
       (F) The name, address, and telephone number of 
     participating health care providers and an indication of 
     whether each such provider is available to accept new 
     patients.
       (G) Any limitations imposed on the selection of qualifying 
     participating health care providers, including any 
     limitations imposed under section 4112(b)(2).
       (H) How the plan or issuer addresses the needs of 
     participants, beneficiaries, and enrollees and others who do 
     not speak English or who have other special communications 
     needs in accessing providers under the plan or coverage, 
     including the provision of information described in this 
     subsection and subsection (c) to such individuals.
       (4) Out-of-area coverage.--Out-of-area coverage provided by 
     the plan or issuer.
       (5) Emergency coverage.--Coverage of emergency services, 
     including--
       (A) the appropriate use of emergency services, including 
     use of the 911 telephone system or its local equivalent in 
     emergency situations and an explanation of what constitutes 
     an emergency situation;
       (B) the process and procedures of the plan or issuer for 
     obtaining emergency services; and
       (C) the locations of (i) emergency departments, and (ii) 
     other settings, in which plan physicians and hospitals 
     provide emergency services and post-stabilization care.
       (6) Percentage of premiums used for benefits (loss-
     ratios).--In the case of health insurance coverage only (and 
     not with respect to group health plans that do not provide 
     coverage through health insurance coverage), a description of 
     the overall loss-ratio for the coverage (as defined in 
     accordance with rules established or recognized by the 
     Secretary of Health and Human Services).
       (7) Prior authorization rules.--Rules regarding prior 
     authorization or other review requirements that could result 
     in noncoverage or nonpayment.
       (8) Grievance and appeals procedures.--All appeal or 
     grievance rights and procedures under the plan or coverage, 
     including the method for filing grievances and the time 
     frames and circumstances for acting on grievances and 
     appeals, who is the applicable authority with respect to the 
     plan or issuer.
       (9) Quality assurance.--Any information made public by an 
     accrediting organization in the process of accreditation of 
     the plan or issuer or any additional quality indicators the 
     plan or issuer makes available.
       (10) Information on issuer.--Notice of appropriate mailing 
     addresses and telephone numbers to be used by participants, 
     beneficiaries, and enrollees in seeking information or 
     authorization for treatment.
       (11) Notice of requirements.--Notice of the requirements of 
     this title.
       (12) Availability of information on request.--Notice that 
     the information described in subsection (c) is available upon 
     request.
       (c) Information Made Available Upon Request.--The 
     information described in this subsection is the following:
       (1) Utilization review activities.--A description of 
     procedures used and requirements (including circumstances, 
     time frames, and appeal rights) under any utilization review 
     program under section 4101, including under any drug 
     formulary program under section 4118.
       (2) Grievance and appeals information.--Information on the 
     number of grievances and appeals and on the disposition in 
     the aggregate of such matters.
       (3) Method of physician compensation.--A general 
     description by category (including salary, fee-for-service, 
     capitation, and such other categories as may be specified in 
     regulations of the Secretary) of the applicable method by 
     which a specified prospective or treating health care 
     professional is (or would be) compensated in connection with 
     the provision of health care under the plan or coverage.
       (4) Specific information on credentials of participating 
     providers.--In the case of each participating provider, a 
     description of the credentials of the provider.
       (5) Formulary restrictions.--A description of the nature of 
     any drug formula restrictions.
       (6) Participating provider list.--A list of current 
     participating health care providers.
       (d) Construction.--Nothing in this section shall be 
     construed as requiring public disclosure of individual 
     contracts or financial arrangements between a group health 
     plan or health insurance issuer and any provider.

         Subtitle D--Protecting the Doctor-Patient Relationship

     SEC. 4131. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL 
                   COMMUNICATIONS.

       (a) General Rule.--The provisions of any contract or 
     agreement, or the operation of any contract or agreement, 
     between a group health plan or health insurance issuer in 
     relation to health insurance coverage (including any 
     partnership, association, or other organization that enters 
     into or administers such a contract or agreement) and a 
     health care provider (or group of health care providers) 
     shall not prohibit or otherwise restrict a health care 
     professional from advising such a participant, beneficiary, 
     or enrollee who is a patient of the professional about the 
     health status of the individual or medical care or treatment 
     for the individual's condition or disease, regardless of 
     whether benefits for such care or treatment are provided 
     under the plan or coverage, if the professional is acting 
     within the lawful scope of practice.
       (b) Nullification.--Any contract provision or agreement 
     that restricts or prohibits medical communications in 
     violation of subsection (a) shall be null and void.

     SEC. 4132. PROHIBITION OF DISCRIMINATION AGAINST PROVIDERS 
                   BASED ON LICENSURE.

       (a) In General.--A group health plan and a health insurance 
     issuer offering health insurance coverage shall not 
     discriminate with respect to participation or indemnification 
     as to any provider who is acting within the scope of the 
     provider's license or certification under applicable State 
     law, solely on the basis of such license or certification.
       (b) Construction.--Subsection (a) shall not be construed--
       (1) as requiring the coverage under a group health plan or 
     health insurance coverage of particular benefits or services 
     or to prohibit a plan or issuer from including providers only 
     to the extent necessary to meet the needs of the plan's or 
     issuer's participants, beneficiaries, or enrollees or from 
     establishing any measure designed to maintain quality and 
     control costs consistent with the responsibilities of the 
     plan or issuer;
       (2) to override any State licensure or scope-of-practice 
     law; or
       (3) as requiring a plan or issuer that offers network 
     coverage to include for participation every willing provider 
     who meets the terms and conditions of the plan or issuer.

     SEC. 4133. PROHIBITION AGAINST IMPROPER INCENTIVE 
                   ARRANGEMENTS.

       (a) In General.--A group health plan and a health insurance 
     issuer offering health insurance coverage may not operate any 
     physician incentive plan (as defined in subparagraph (B) of 
     section 1876(i)(8) of the Social Security Act) unless the 
     requirements described in clauses (i), (ii)(I), and (iii) of 
     subparagraph (A) of such section are met with respect to such 
     a plan.
       (b) Application.--For purposes of carrying out paragraph 
     (1), any reference in section 1876(i)(8) of the Social 
     Security Act to the Secretary, an eligible organization, or 
     an individual enrolled with the organization shall be treated 
     as a reference to the applicable authority, a group health 
     plan or health insurance issuer, respectively, and a 
     participant, beneficiary, or enrollee with the plan or 
     organization, respectively.
       (c) Construction.--Nothing in this section shall be 
     construed as prohibiting all capitation and similar 
     arrangements or all provider discount arrangements.

     SEC. 4134. PAYMENT OF CLAIMS.

       A group health plan, and a health insurance issuer offering 
     group health insurance coverage, shall provide for prompt 
     payment of claims submitted for health care services or 
     supplies furnished to a participant, beneficiary, or enrollee 
     with respect to benefits covered by the plan or issuer, in a 
     manner consistent with the provisions of sections 1816(c)(2) 
     and 1842(c)(2) of the Social Security Act (42 U.S.C. 
     1395h(c)(2) and 42 U.S.C. 1395u(c)(2)), except that for 
     purposes of this section, subparagraph (C) of section 
     1816(c)(2) of the Social Security Act shall be treated as 
     applying to claims received from a participant, beneficiary, 
     or enrollee as well as claims referred to in such 
     subparagraph.

     SEC. 4135. PROTECTION FOR PATIENT ADVOCACY.

       (a) Protection for Use of Utilization Review and Grievance 
     Process.--A group health plan, and a health insurance issuer 
     with respect to the provision of health insurance coverage, 
     may not retaliate against a participant, beneficiary, 
     enrollee, or health care provider based on the participant's, 
     beneficiary's, enrollee's or provider's use of, or 
     participation in, a utilization review process or a grievance 
     process of the plan or issuer (including an internal or 
     external review or appeal process) under this title.
       (b) Protection for Quality Advocacy by Health Care 
     Professionals.--

[[Page S4890]]

       (1) In general.--A group health plan or health insurance 
     issuer may not retaliate or discriminate against a protected 
     health care professional because the professional in good 
     faith--
       (A) discloses information relating to the care, services, 
     or conditions affecting one or more participants, 
     beneficiaries, or enrollees of the plan or issuer to an 
     appropriate public regulatory agency, an appropriate private 
     accreditation body, or appropriate management personnel of 
     the plan or issuer; or
       (B) initiates, cooperates, or otherwise participates in an 
     investigation or proceeding by such an agency with respect to 
     such care, services, or conditions.
     If an institutional health care provider is a participating 
     provider with such a plan or issuer or otherwise receives 
     payments for benefits provided by such a plan or issuer, the 
     provisions of the previous sentence shall apply to the 
     provider in relation to care, services, or conditions 
     affecting one or more patients within an institutional health 
     care provider in the same manner as they apply to the plan or 
     issuer in relation to care, services, or conditions provided 
     to one or more participants, beneficiaries, or enrollees; and 
     for purposes of applying this sentence, any reference to a 
     plan or issuer is deemed a reference to the institutional 
     health care provider.
       (2) Good faith action.--For purposes of paragraph (1), a 
     protected health care professional is considered to be acting 
     in good faith with respect to disclosure of information or 
     participation if, with respect to the information disclosed 
     as part of the action--
       (A) the disclosure is made on the basis of personal 
     knowledge and is consistent with that degree of learning and 
     skill ordinarily possessed by health care professionals with 
     the same licensure or certification and the same experience;
       (B) the professional reasonably believes the information to 
     be true;
       (C) the information evidences either a violation of a law, 
     rule, or regulation, of an applicable accreditation standard, 
     or of a generally recognized professional or clinical 
     standard or that a patient is in imminent hazard of loss of 
     life or serious injury; and
       (D) subject to subparagraphs (B) and (C) of paragraph (3), 
     the professional has followed reasonable internal procedures 
     of the plan, issuer, or institutional health care provider 
     established for the purpose of addressing quality concerns 
     before making the disclosure.
       (3) Exception and special rule.--
       (A) General exception.--Paragraph (1) does not protect 
     disclosures that would violate Federal or State law or 
     diminish or impair the rights of any person to the continued 
     protection of confidentiality of communications provided by 
     such law.
       (B) Notice of internal procedures.--Subparagraph (D) of 
     paragraph (2) shall not apply unless the internal procedures 
     involved are reasonably expected to be known to the health 
     care professional involved. For purposes of this 
     subparagraph, a health care professional is reasonably 
     expected to know of internal procedures if those procedures 
     have been made available to the professional through 
     distribution or posting.
       (C) Internal procedure exception.--Subparagraph (D) of 
     paragraph (2) also shall not apply if--
       (i) the disclosure relates to an imminent hazard of loss of 
     life or serious injury to a patient;
       (ii) the disclosure is made to an appropriate private 
     accreditation body pursuant to disclosure procedures 
     established by the body; or
       (iii) the disclosure is in response to an inquiry made in 
     an investigation or proceeding of an appropriate public 
     regulatory agency and the information disclosed is limited to 
     the scope of the investigation or proceeding.
       (4) Additional considerations.--It shall not be a violation 
     of paragraph (1) to take an adverse action against a 
     protected health care professional if the plan, issuer, or 
     provider taking the adverse action involved demonstrates that 
     it would have taken the same adverse action even in the 
     absence of the activities protected under such paragraph.
       (5) Notice.--A group health plan, health insurance issuer, 
     and institutional health care provider shall post a notice, 
     to be provided or approved by the Secretary of Labor, setting 
     forth excerpts from, or summaries of, the pertinent 
     provisions of this subsection and information pertaining to 
     enforcement of such provisions.
       (6) Constructions.--
       (A) Determinations of coverage.--Nothing in this subsection 
     shall be construed to prohibit a plan or issuer from making a 
     determination not to pay for a particular medical treatment 
     or service or the services of a type of health care 
     professional.
       (B) Enforcement of peer review protocols and internal 
     procedures.--Nothing in this subsection shall be construed to 
     prohibit a plan, issuer, or provider from establishing and 
     enforcing reasonable peer review or utilization review 
     protocols or determining whether a protected health care 
     professional has complied with those protocols or from 
     establishing and enforcing internal procedures for the 
     purpose of addressing quality concerns.
       (C) Relation to other rights.--Nothing in this subsection 
     shall be construed to abridge rights of participants, 
     beneficiaries, enrollees, and protected health care 
     professionals under other applicable Federal or State laws.
       (7) Protected health care professional defined.--For 
     purposes of this subsection, the term ``protected health care 
     professional'' means an individual who is a licensed or 
     certified health care professional and who--
       (A) with respect to a group health plan or health insurance 
     issuer, is an employee of the plan or issuer or has a 
     contract with the plan or issuer for provision of services 
     for which benefits are available under the plan or issuer; or
       (B) with respect to an institutional health care provider, 
     is an employee of the provider or has a contract or other 
     arrangement with the provider respecting the provision of 
     health care services.

                        Subtitle E--Definitions

     SEC. 4151. DEFINITIONS.

       (a) Incorporation of General Definitions.--Except as 
     otherwise provided, the provisions of section 2791 of the 
     Public Health Service Act shall apply for purposes of this 
     title in the same manner as they apply for purposes of title 
     XXVII of such Act.
       (b) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services, in consultation with the Secretary of Labor and the 
     term ``appropriate Secretary'' means the Secretary of Health 
     and Human Services in relation to carrying out this title 
     under sections 2706 and 2751 of the Public Health Service Act 
     and the Secretary of Labor in relation to carrying out this 
     title under section 713 of the Employee Retirement Income 
     Security Act of 1974.
       (c) Additional Definitions.--For purposes of this title:
       (1) Actively practicing.--The term ``actively practicing'' 
     means, with respect to a physician or other health care 
     professional, such a physician or professional who provides 
     professional services to individual patients on average at 
     least two full days per week.
       (2) Applicable authority.--The term ``applicable 
     authority'' means--
       (A) in the case of a group health plan, the Secretary of 
     Health and Human Services and the Secretary of Labor; and
       (B) in the case of a health insurance issuer with respect 
     to a specific provision of this title, the applicable State 
     authority (as defined in section 2791(d) of the Public Health 
     Service Act), or the Secretary of Health and Human Services, 
     if such Secretary is enforcing such provision under section 
     2722(a)(2) or 2761(a)(2) of the Public Health Service Act.
       (3) Clinical peer.--The term ``clinical peer'' means, with 
     respect to a review or appeal, an actively practicing 
     physician (allopathic or osteopathic) or other actively 
     practicing health care professional who holds a nonrestricted 
     license, and who is appropriately credentialed in the same or 
     similar specialty or subspecialty (as appropriate) as 
     typically handles the medical condition, procedure, or 
     treatment under review or appeal and includes a pediatric 
     specialist where appropriate; except that only a physician 
     (allopathic or osteopathic) may be a clinical peer with 
     respect to the review or appeal of treatment recommended or 
     rendered by a physician.
       (4) Enrollee.--The term ``enrollee'' means, with respect to 
     health insurance coverage offered by a health insurance 
     issuer, an individual enrolled with the issuer to receive 
     such coverage.
       (5) Group health plan.--The term ``group health plan'' has 
     the meaning given such term in section 733(a) of the Employee 
     Retirement Income Security Act of 1974 and in section 
     2791(a)(1) of the Public Health Service Act.
       (6) Health care professional.--The term ``health care 
     professional'' means an individual who is licensed, 
     accredited, or certified under State law to provide specified 
     health care services and who is operating within the scope of 
     such licensure, accreditation, or certification.
       (7) Health care provider.--The term ``health care 
     provider'' includes a physician or other health care 
     professional, as well as an institutional or other facility 
     or agency that provides health care services and that is 
     licensed, accredited, or certified to provide health care 
     items and services under applicable State law.
       (8) Network.--The term ``network'' means, with respect to a 
     group health plan or health insurance issuer offering health 
     insurance coverage, the participating health care 
     professionals and providers through whom the plan or issuer 
     provides health care items and services to participants, 
     beneficiaries, or enrollees.
       (9) Nonparticipating.--The term ``nonparticipating'' means, 
     with respect to a health care provider that provides health 
     care items and services to a participant, beneficiary, or 
     enrollee under group health plan or health insurance 
     coverage, a health care provider that is not a participating 
     health care provider with respect to such items and services.
       (10) Participating.--The term ``participating'' means, with 
     respect to a health care provider that provides health care 
     items and services to a participant, beneficiary, or enrollee 
     under group health plan or health insurance coverage offered 
     by a health insurance issuer, a health care provider that 
     furnishes such items and services under a contract or other 
     arrangement with the plan or issuer.
       (11) Prior authorization.--The term ``prior authorization'' 
     means the process of

[[Page S4891]]

     obtaining prior approval from a health insurance issuer or 
     group health plan for the provision or coverage of medical 
     services.

     SEC. 4152. PREEMPTION; STATE FLEXIBILITY; CONSTRUCTION.

       (a) Continued Applicability of State Law With Respect to 
     Health Insurance Issuers.--
       (1) In general.--Subject to paragraph (2), this title shall 
     not be construed to supersede any provision of State law 
     which establishes, implements, or continues in effect any 
     standard or requirement solely relating to health insurance 
     issuers (in connection with group health insurance coverage 
     or otherwise) except to the extent that such standard or 
     requirement prevents the application of a requirement of this 
     title.
       (2) Continued preemption with respect to group health 
     plans.--Nothing in this title shall be construed to affect or 
     modify the provisions of section 514 of the Employee 
     Retirement Income Security Act of 1974 with respect to group 
     health plans.
       (b) Definitions.--For purposes of this section:
       (1) State law.--The term ``State law'' includes all laws, 
     decisions, rules, regulations, or other State action having 
     the effect of law, of any State. A law of the United States 
     applicable only to the District of Columbia shall be treated 
     as a State law rather than a law of the United States.
       (2) State.--The term ``State'' includes a State, the 
     District of Columbia, Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Northern Mariana Islands, any political 
     subdivisions of such, or any agency or instrumentality of 
     such.

     SEC. 4153. EXCLUSIONS.

       (a) No Benefit Requirements.--Nothing in this title shall 
     be construed to require a group health plan or a health 
     insurance issuer offering health insurance coverage to 
     include specific items and services under the terms of such a 
     plan or coverage, other than those that are provided for 
     under the terms of such plan or coverage.
       (b) Exclusion from Access to Care Managed Care Provisions 
     for Fee-for-Service Coverage.--
       (1) In general.--The provisions of sections 4111 through 
     4117 shall not apply to a group health plan or health 
     insurance coverage if the only coverage offered under the 
     plan or coverage is fee-for-service coverage (as defined in 
     paragraph (2)).
       (2) Fee-for-service coverage defined.--For purposes of this 
     subsection, the term ``fee-for-service coverage'' means 
     coverage under a group health plan or health insurance 
     coverage that--
       (A) reimburses hospitals, health professionals, and other 
     providers on the basis of a rate determined by the plan or 
     issuer on a fee-for-service basis without placing the 
     provider at financial risk;
       (B) does not vary reimbursement for such a provider based 
     on an agreement to contract terms and conditions or the 
     utilization of health care items or services relating to such 
     provider;
       (C) does not restrict the selection of providers among 
     those who are lawfully authorized to provide the covered 
     services and agree to accept the terms and conditions of 
     payment established under the plan or by the issuer; and
       (D) for which the plan or issuer does not require prior 
     authorization before providing coverage for any services.

     SEC. 4154. COVERAGE OF LIMITED SCOPE PLANS.

       Only for purposes of applying the requirements of this 
     title under sections 2707 and 2753 of the Public Health 
     Service Act and section 714 of the Employee Retirement Income 
     Security Act of 1974, section 2791(c)(2)(A), and section 
     733(c)(2)(A) of the Employee Retirement Income Security Act 
     of 1974 shall be deemed not to apply.

     SEC. 4155. REGULATIONS.

       The Secretaries of Health and Human Services and Labor 
     shall issue such regulations as may be necessary or 
     appropriate to carry out this title. Such regulations shall 
     be issued consistent with section 104 of Health Insurance 
     Portability and Accountability Act of 1996. Such Secretaries 
     may promulgate any interim final rules as the Secretaries 
     determine are appropriate to carry out this title.

TITLE XLII--APPLICATION OF QUALITY CARE STANDARDS TO GROUP HEALTH PLANS 
   AND HEALTH INSURANCE COVERAGE UNDER THE PUBLIC HEALTH SERVICE ACT

     SEC. 4201. APPLICATION TO GROUP HEALTH PLANS AND GROUP HEALTH 
                   INSURANCE COVERAGE.

       (a) In General.--Subpart 2 of part A of title XXVII of the 
     Public Health Service Act is amended by adding at the end the 
     following new section:

     ``SEC. 2707. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Each group health plan shall comply with 
     patient protection requirements under title XLI of the 
     Patients' Bill of Rights Act, and each health insurance 
     issuer shall comply with patient protection requirements 
     under such title with respect to group health insurance 
     coverage it offers, and such requirements shall be deemed to 
     be incorporated into this subsection.
       ``(b) Notice.--A group health plan shall comply with the 
     notice requirement under section 711(d) of the Employee 
     Retirement Income Security Act of 1974 with respect to the 
     requirements referred to in subsection (a) and a health 
     insurance issuer shall comply with such notice requirement as 
     if such section applied to such issuer and such issuer were a 
     group health plan.''.
       (b) Conforming Amendment.--Section 2721(b)(2)(A) of such 
     Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting 
     ``(other than section 2707)'' after ``requirements of such 
     subparts''.

     SEC. 4202. APPLICATION TO INDIVIDUAL HEALTH INSURANCE 
                   COVERAGE.

       Part B of title XXVII of the Public Health Service Act is 
     amended by inserting after section 2752 the following new 
     section:

     ``SEC. 2753. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Each health insurance issuer shall 
     comply with patient protection requirements under title XLI 
     of the Patients' Bill of Rights Act with respect to 
     individual health insurance coverage it offers, and such 
     requirements shall be deemed to be incorporated into this 
     subsection.
       ``(b) Notice.--A health insurance issuer under this part 
     shall comply with the notice requirement under section 711(d) 
     of the Employee Retirement Income Security Act of 1974 with 
     respect to the requirements of such title as if such section 
     applied to such issuer and such issuer were a group health 
     plan.''.

TITLE XLIII--AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT 
                                OF 1974

     SEC. 4301. APPLICATION OF PATIENT PROTECTION STANDARDS TO 
                   GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE 
                   COVERAGE UNDER THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

       Subpart B of part 7 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     adding at the end the following new section:

     ``SEC. 714. PATIENT PROTECTION STANDARDS.

       ``(a) In General.--Subject to subsection (b), a group 
     health plan (and a health insurance issuer offering group 
     health insurance coverage in connection with such a plan) 
     shall comply with the requirements of title XLI of the 
     Patients' Bill of Rights Act (as in effect as of the date of 
     the enactment of such Act), and such requirements shall be 
     deemed to be incorporated into this subsection.
       ``(b) Plan Satisfaction of Certain Requirements.--
       ``(1) Satisfaction of certain requirements through 
     insurance.--For purposes of subsection (a), insofar as a 
     group health plan provides benefits in the form of health 
     insurance coverage through a health insurance issuer, the 
     plan shall be treated as meeting the following requirements 
     of title XLI of the Patients' Bill of Rights Act with respect 
     to such benefits and not be considered as failing to meet 
     such requirements because of a failure of the issuer to meet 
     such requirements so long as the plan sponsor or its 
     representatives did not cause such failure by the issuer:
       ``(A) Section 4112 (relating to choice of providers).
       ``(B) Section 4113 (relating to access to emergency care).
       ``(C) Section 4114 (relating to access to specialty care).
       ``(D) Section 4115 (relating to access to obstetrical and 
     gynecological care).
       ``(E) Section 4116 (relating to access to pediatric care).
       ``(F) Section 4117(a)(1) (relating to continuity in case of 
     termination of provider contract) and section 4117(a)(2) 
     (relating to continuity in case of termination of issuer 
     contract), but only insofar as a replacement issuer assumes 
     the obligation for continuity of care.
       ``(G) Section 4118 (relating to access to needed 
     prescription drugs).
       ``(H) Section 4119 (relating to coverage for individuals 
     participating in approved clinical trials.)
       ``(I) Section 4134 (relating to payment of claims).
       ``(2) Information.--With respect to information required to 
     be provided or made available under section 4121, in the case 
     of a group health plan that provides benefits in the form of 
     health insurance coverage through a health insurance issuer, 
     the Secretary shall determine the circumstances under which 
     the plan is not required to provide or make available the 
     information (and is not liable for the issuer's failure to 
     provide or make available the information), if the issuer is 
     obligated to provide and make available (or provides and 
     makes available) such information.
       ``(3) Grievance and internal appeals.--With respect to the 
     internal appeals process and the grievance system required to 
     be established under sections 4102 and 4104, in the case of a 
     group health plan that provides benefits in the form of 
     health insurance coverage through a health insurance issuer, 
     the Secretary shall determine the circumstances under which 
     the plan is not required to provide for such process and 
     system (and is not liable for the issuer's failure to provide 
     for such process and system), if the issuer is obligated to 
     provide for (and provides for) such process and system.
       ``(4) External appeals.--Pursuant to rules of the 
     Secretary, insofar as a group health plan enters into a 
     contract with a qualified external appeal entity for the 
     conduct of external appeal activities in accordance with 
     section 4103, the plan shall be treated as meeting the 
     requirement of such section and is not liable for the 
     entity's failure to meet any requirements under such section.
       ``(5) Application to prohibitions.--Pursuant to rules of 
     the Secretary, if a health insurance issuer offers health 
     insurance coverage in connection with a group health plan

[[Page S4892]]

     and takes an action in violation of any of the following 
     sections, the group health plan shall not be liable for such 
     violation unless the plan caused such violation:
       ``(A) Section 4131 (relating to prohibition of interference 
     with certain medical communications).
       ``(B) Section 4132 (relating to prohibition of 
     discrimination against providers based on licensure).
       ``(C) Section 4133 (relating to prohibition against 
     improper incentive arrangements).
       ``(D) Section 4135 (relating to protection for patient 
     advocacy).
       ``(6) Construction.--Nothing in this subsection shall be 
     construed to affect or modify the responsibilities of the 
     fiduciaries of a group health plan under part 4 of subtitle 
     B.
       ``(7) Application to certain prohibitions against 
     retaliation.--With respect to compliance with the 
     requirements of section 4135(b)(1) of the Patients' Bill of 
     Rights Act, for purposes of this subtitle the term `group 
     health plan' is deemed to include a reference to an 
     institutional health care provider.
       ``(c) Enforcement of Certain Requirements.--
       ``(1) Complaints.--Any protected health care professional 
     who believes that the professional has been retaliated or 
     discriminated against in violation of section 4135(b)(1) of 
     the Patients' Bill of Rights Act may file with the Secretary 
     a complaint within 180 days of the date of the alleged 
     retaliation or discrimination.
       ``(2) Investigation.--The Secretary shall investigate such 
     complaints and shall determine if a violation of such section 
     has occurred and, if so, shall issue an order to ensure that 
     the protected health care professional does not suffer any 
     loss of position, pay, or benefits in relation to the plan, 
     issuer, or provider involved, as a result of the violation 
     found by the Secretary.
       ``(d) Conforming Regulations.--The Secretary may issue 
     regulations to coordinate the requirements on group health 
     plans under this section with the requirements imposed under 
     the other provisions of this title.''.
       (b) Satisfaction of ERISA Claims Procedure Requirement.--
     Section 503 of such Act (29 U.S.C. 1133) is amended by 
     inserting ``(a)'' after ``Sec. 503.'' and by adding at the 
     end the following new subsection:
       ``(b) In the case of a group health plan (as defined in 
     section 733) compliance with the requirements of subtitle A 
     of title XLI of the Patients Bill of Rights Act in the case 
     of a claims denial shall be deemed compliance with subsection 
     (a) with respect to such claims denial.''.
       (c) Conforming Amendments.--(1) Section 732(a) of such Act 
     (29 U.S.C. 1185(a)) is amended by striking ``section 711'' 
     and inserting ``sections 711 and 714''.
       (2) The table of contents in section 1 of such Act is 
     amended by inserting after the item relating to section 713 
     the following new item:

``Sec. 714. Patient protection standards.''.
       (3) Section 502(b)(3) of such Act (29 U.S.C. 1132(b)(3)) is 
     amended by inserting ``(other than section 135(b))'' after 
     ``part 7''.

     SEC. 4302. ERISA PREEMPTION NOT TO APPLY TO CERTAIN ACTIONS 
                   INVOLVING HEALTH INSURANCE POLICYHOLDERS.

       (a) In General.--Section 514 of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1144) (as amended by 
     section 301(b)) is amended further by adding at the end the 
     following subsections:
       ``(f) Preemption Not To Apply to Certain Actions Arising 
     Out of Provision of Health Benefits.--
       ``(1) Non-preemption of certain causes of action.--
       ``(A) In general.--Except as provided in this subsection, 
     nothing in this title shall be construed to invalidate, 
     impair, or supersede any cause of action by a participant or 
     beneficiary (or the estate of a participant or beneficiary) 
     under State law to recover damages resulting from personal 
     injury or for wrongful death against any person--
       ``(i) in connection with the provision of insurance, 
     administrative services, or medical services by such person 
     to or for a group health plan as defined in section 733), or
       ``(ii) that arises out of the arrangement by such person 
     for the provision of such insurance, administrative services, 
     or medical services by other persons.
       ``(B) Limitation on punitive damages.--
       ``(i) In general.--No person shall be liable for any 
     punitive, exemplary, or similar damages in the case of a 
     cause of action brought under subparagraph (A) if--

       ``(I) it relates to an externally appealable decision (as 
     defined in subsection (a)(2) of section 4103 of the Patients' 
     Bill of Rights Act);
       ``(II) an external appeal with respect to such decision was 
     completed under such section 4103;
       ``(III) in the case such external appeal was initiated by 
     the plan or issuer filing the request for the external 
     appeal, the request was filed on a timely basis before the 
     date the action was brought or, if later, within 30 days 
     after the date the externally appealable decision was made; 
     and
       ``(IV) the plan or issuer complied with the determination 
     of the external appeal entity upon receipt of the 
     determination of the external appeal entity.

     The provisions of this clause supersede any State law or 
     common law to the contrary.
       ``(ii) Exception.--Clause (i) shall not apply with respect 
     to damages in the case of a cause of action for wrongful 
     death if the applicable State law provides (or has been 
     construed to provide) for damages in such a cause of action 
     which are only punitive or exemplary in nature.
       ``(C) Personal injury defined.--For purposes of this 
     subsection, the term `personal injury' means a physical 
     injury and includes an injury arising out of the treatment 
     (or failure to treat) a mental illness or disease.
       ``(2) Exception for group health plans, employers, and 
     other plan sponsors.--
       ``(A) In general.--Subject to subparagraph (B), paragraph 
     (1) does not authorize--
       ``(i) any cause of action against a group health plan or an 
     employer or other plan sponsor maintaining the plan (or 
     against an employee of such a plan, employer, or sponsor 
     acting within the scope of employment), or
       ``(ii) a right of recovery, indemnity, or contribution by a 
     person against a group health plan or an employer or other 
     plan sponsor (or such an employee) for damages assessed 
     against the person pursuant to a cause of action under 
     paragraph (1).
       ``(B) Special rule.--Subparagraph (A) shall not preclude 
     any cause of action described in paragraph (1) against group 
     health plan or an employer or other plan sponsor (or against 
     an employee of such a plan, employer, or sponsor acting 
     within the scope of employment) if--
       ``(i) such action is based on the exercise by the plan, 
     employer, or sponsor (or employee) of discretionary authority 
     to make a decision on a claim for benefits covered under the 
     plan or health insurance coverage in the case at issue; and
       ``(ii) the exercise by the plan, employer, or sponsor (or 
     employee) of such authority resulted in personal injury or 
     wrongful death.
       ``(C) Exception.--The exercise of discretionary authority 
     described in subparagraph (B)(i) shall not be construed to 
     include--
       ``(i) the decision to include or exclude from the plan any 
     specific benefit;
       ``(ii) any decision to provide extra-contractual benefits; 
     or
       ``(iii) any decision not to consider the provision of a 
     benefit while internal or external review is being conducted.
       ``(3) Futility of exhaustion.--An individual bringing an 
     action under this subsection is required to exhaust 
     administrative processes under sections 4102 and 4103 of the 
     Patients' Bill of Rights Act, unless the injury to or death 
     of such individual has occurred before the completion of such 
     processes.
       ``(4) Construction.--Nothing in this subsection shall be 
     construed as--
       ``(A) permitting a cause of action under State law for the 
     failure to provide an item or service which is specifically 
     excluded under the group health plan involved;
       ``(B) as preempting a State law which requires an affidavit 
     or certificate of merit in a civil action; or
       ``(C) permitting a cause of action or remedy under State 
     law in connection with the provision or arrangement of 
     excepted benefits (as defined in section 733(c)), other than 
     those described in section 733(c)(2)(A).
       ``(g) Rules of Construction Relating to Health Care.--
     Nothing in this title shall be construed as--
       ``(1) permitting the application of State laws that are 
     otherwise superseded by this title and that mandate the 
     provision of specific benefits by a group health plan (as 
     defined in section 733(a)) or a multiple employer welfare 
     arrangement (as defined in section 3(40)), or
       ``(2) affecting any State law which regulates the practice 
     of medicine or provision of medical care, or affecting any 
     action based upon such a State law.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to acts and omissions occurring on or after the 
     date of enactment of this Act, from which a cause of action 
     arises.

     SEC. 4303. LIMITATIONS ON ACTIONS.

       Section 502 of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1132) (as amended by section 304(b)) is 
     amended further by adding at the end the following new 
     subsection:
       ``(o)(1) Except as provided in this subsection, no action 
     may be brought under subsection (a)(1)(B), (a)(2), or (a)(3) 
     by a participant or beneficiary seeking relief based on the 
     application of any provision in section 4101, subtitle B, or 
     subtitle D of title XLI of the Patients' Bill of Rights Act 
     (as incorporated under section 714).
       ``(2) An action may be brought under subsection (a)(1)(B), 
     (a)(2), or (a)(3) by a participant or beneficiary seeking 
     relief based on the application of section 4101, 4113, 4114, 
     4115, 4116, 4117, 4119, or 4118(3) of the Patients' Bill of 
     Rights Act (as incorporated under section 714) to the 
     individual circumstances of that participant or beneficiary, 
     except that--
       ``(A) such an action may not be brought or maintained as a 
     class action; and
       ``(B) in such an action, relief may only provide for the 
     provision of (or payment of) benefits, items, or services 
     denied to the individual participant or beneficiary involved 
     (and for attorney's fees and the costs of the action, at the 
     discretion of the court) and shall not provide for any other 
     relief to the participant or beneficiary or for any relief to 
     any other person.
       ``(3) Nothing in this subsection shall be construed as 
     affecting any action brought by the Secretary.''.

[[Page S4893]]

   TITLE XLIV--APPLICATION TO GROUP HEALTH PLANS UNDER THE INTERNAL 
                          REVENUE CODE OF 1986

     SEC. 4401. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

       Subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended--
       (1) in the table of sections, by inserting after the item 
     relating to section 9812 the following new item:

``Sec. 9813. Standard relating to patient freedom of choice.'';
     and
       (2) by inserting after section 9812 the following:

     ``SEC. 9813. STANDARD RELATING TO PATIENTS' BILL OF RIGHTS.

       ``A group health plan shall comply with the requirements of 
     title XLI of the Patients' Bill of Rights Act (as in effect 
     as of the date of the enactment of such Act), and such 
     requirements shall be deemed to be incorporated into this 
     section.''.

       TITLE XLV--EFFECTIVE DATES; COORDINATION IN IMPLEMENTATION

     SEC. 4501. EFFECTIVE DATES.

       (a) Group Health Coverage.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by sections 4201(a), 4301, 4303, and 4401 (and title XLI 
     insofar as it relates to such sections) shall apply with 
     respect to group health plans, and health insurance coverage 
     offered in connection with group health plans, for plan years 
     beginning on or after October 1, 2002 (in this section 
     referred to as the ``general effective date'') and also shall 
     apply to portions of plan years occurring on and after such 
     date.
       (2) Treatment of collective bargaining agreements.--In the 
     case of a group health plan maintained pursuant to one or 
     more collective bargaining agreements between employee 
     representatives and one or more employers ratified before the 
     date of the enactment of this Act, the amendments made by 
     sections 4201(a), 4301, 4303, and 4401 (and title XLI insofar 
     as it relates to such sections) shall not apply to plan years 
     beginning before the later of--
       (A) the date on which the last collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of the enactment of this Act); or
       (B) the general effective date.
     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this division shall not be treated as a 
     termination of such collective bargaining agreement.
       (b) Individual Health Insurance Coverage.--The amendments 
     made by section 4202 shall apply with respect to individual 
     health insurance coverage offered, sold, issued, renewed, in 
     effect, or operated in the individual market on or after the 
     general effective date.

     SEC. 4502. COORDINATION IN IMPLEMENTATION.

       The Secretary of Labor, the Secretary of Health and Human 
     Services, and the Secretary of the Treasury shall ensure, 
     through the execution of an interagency memorandum of 
     understanding among such Secretaries, that--
       (1) regulations, rulings, and interpretations issued by 
     such Secretaries relating to the same matter over which such 
     Secretaries have responsibility under the provisions of this 
     division (and the amendments made thereby) are administered 
     so as to have the same effect at all times; and
       (2) coordination of policies relating to enforcing the same 
     requirements through such Secretaries in order to have a 
     coordinated enforcement strategy that avoids duplication of 
     enforcement efforts and assigns priorities in enforcement.

                  TITLE XLVI--MISCELLANEOUS PROVISIONS

     SEC. 4601. HEALTH CARE PAPERWORK SIMPLIFICATION.

       (a) Establishment of Panel.--
       (1) Establishment.--There is established a panel to be 
     known as the Health Care Panel to Devise a Uniform 
     Explanation of Benefits (in this section referred to as the 
     ``Panel'').
       (2) Duties of panel.--
       (A) In general.--The Panel shall devise a single form for 
     use by third-party health care payers for the remittance of 
     claims to providers.
       (B) Definition.--For purposes of this section, the term 
     ``third-party health care payer'' means any entity that 
     contractually pays health care bills for an individual.
       (3) Membership.--
       (A) Size and composition.--The Secretary of Health and 
     Human Services shall determine the number of members and the 
     composition of the Panel. Such Panel shall include equal 
     numbers of representatives of private insurance 
     organizations, consumer groups, State insurance 
     commissioners, State medical societies, State hospital 
     associations, and State medical specialty societies.
       (B) Terms of appointment.--The members of the Panel shall 
     serve for the life of the Panel.
       (C) Vacancies.--A vacancy in the Panel shall not affect the 
     power of the remaining members to execute the duties of the 
     Panel, but any such vacancy shall be filled in the same 
     manner in which the original appointment was made.
       (4) Procedures.--
       (A) Meetings.--The Panel shall meet at the call of a 
     majority of its members.
       (B) First meeting.--The Panel shall convene not later than 
     60 days after the date of the enactment of the Bipartisan 
     Consensus Managed Care Improvement Act of 1999.
       (C) Quorum.--A quorum shall consist of a majority of the 
     members of the Panel.
       (D) Hearings.--For the purpose of carrying out its duties, 
     the Panel may hold such hearings and undertake such other 
     activities as the Panel determines to be necessary to carry 
     out its duties.
       (5) Administration.--
       (A) Compensation.--Except as provided in subparagraph (B), 
     members of the Panel shall receive no additional pay, 
     allowances, or benefits by reason of their service on the 
     Panel.
       (B) Travel expenses and per diem.--Each member of the Panel 
     who is not an officer or employee of the Federal Government 
     shall receive travel expenses and per diem in lieu of 
     subsistence in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (C) Contract authority.--The Panel may contract with and 
     compensate Government and private agencies or persons for 
     items and services, without regard to section 3709 of the 
     Revised Statutes (41 U.S.C. 5).
       (D) Use of mails.--The Panel may use the United States 
     mails in the same manner and under the same conditions as 
     Federal agencies and shall, for purposes of the frank, be 
     considered a commission of Congress as described in section 
     3215 of title 39, United States Code.
       (E) Administrative support services.--Upon the request of 
     the Panel, the Secretary of Health and Human Services shall 
     provide to the Panel on a reimbursable basis such 
     administrative support services as the Panel may request.
       (6) Submission of form.--Not later than 2 years after the 
     first meeting, the Panel shall submit a form to the Secretary 
     of Health and Human Services for use by third-party health 
     care payers.
       (7) Termination.--The Panel shall terminate on the day 
     after submitting the form under paragraph (6).
       (b) Requirement for Use of Form by Third-Party Care 
     Payers.--A third-party health care payer shall be required to 
     use the form devised under subsection (a) for plan years 
     beginning on or after 5 years following the date of the 
     enactment of this Act.

     SEC. 4602. NO IMPACT ON SOCIAL SECURITY TRUST FUND.

       (a) In General.--Nothing in this Act (or an amendment made 
     by this Act) shall be construed to alter or amend the Social 
     Security Act (or any regulation promulgated under that Act).
       (b) Transfers.--
       (1) Estimate of secretary.--The Secretary of the Treasury 
     shall annually estimate the impact that the enactment of this 
     Act has on the income and balances of the trust funds 
     established under section 201 of the Social Security Act (42 
     U.S.C. 401).
       (2) Transfer of funds.--If, under paragraph (1), the 
     Secretary of the Treasury estimates that the enactment of 
     this Act has a negative impact on the income and balances of 
     the trust funds established under section 201 of the Social 
     Security Act (42 U.S.C. 401), the Secretary shall transfer, 
     not less frequently than quarterly, from the general revenues 
     of the Federal Government an amount sufficient so as to 
     ensure that the income and balances of such trust funds are 
     not reduced as a result of the enactment of such Act.

     SEC. 4603. CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by striking ``2003'' and inserting ``2010''.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 3274

  (Ordered to lie on the table.)
  Mr. BINGAMAN (for himself and Mr. Domenici) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . MAVERICK MISSILE UPGRADES.

       Availability of Funds.--(1) Of the amount authorized to be 
     appropriated by section XXX for missile procurement for the 
     Air Force, the amount available for Maverick modifications is 
     hereby increased by $5,000,000.
       (2) Of the amounts available under this Act for In-Service 
     Missile Modifications, as increased by paragraph (1), 
     $5,000,000 shall be available for conversion of AGM-65B and 
     AGM-65G missiles to both the AGM-65H and K configurations, of 
     which an appropriate quantity will be procured for Air 
     National Guard pilot training.
       (3) The amount made available under paragraph (2) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts made available under this Act for that purpose.
                                 ______
                                 

              EDWARDS (AND TORRICELLI) AMENDMENT NO. 3275

  (Ordered to lie on the table.)
  Mr. EDWARDS (for himself and Mr. Torricelli) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       At the appropriate place, insert the following:

[[Page S4894]]

     SEC. ____. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) during September 1999, Hurricane Floyd ran a path of 
     destruction along the entire eastern seaboard from Florida to 
     Maine;
       (2) Hurricane Floyd was the most destructive natural 
     disaster in the history of the State of North Carolina and 
     most costly natural disaster in the history of the State of 
     New Jersey;
       (3) the Federal Emergency Management Agency declared 
     Hurricane Floyd the eighth worst natural disaster of the past 
     decade;
       (4) although the Federal Emergency Management Agency 
     coordinates the Federal response to natural disasters that 
     exceed the capabilities of State and local governments and 
     assists communities to recover from those disasters, the 
     Federal Emergency Management Agency is not equipped to 
     provide long-term economic recovery assistance;
       (5) it has been 9 months since Hurricane Floyd and the 
     Nation has hundreds of communities that have yet to recover 
     from the devastation caused by that disaster;
       (6) in the past, Congress has responded to natural 
     disasters by providing additional economic community 
     development assistance to communities recovering from those 
     disasters, including $250,000,000 for Hurricane Georges in 
     1998, $552,000,000 for Red River Valley Floods in North 
     Dakota in 1997, $25,000,000 for Hurricanes Fran and Hortense 
     in 1996, and $725,000,000 for the Northridge Earthquake in 
     California in 1994;
       (7) additional assistance provided by Congress to 
     communities recovering from natural disasters has been in the 
     form of community development block grants administered by 
     the Department of Housing and Urban Development and grants 
     administered by the Economic Development Administration;
       (8) communities affected by Hurricane Floyd are facing 
     similar recovery needs as have victims of other natural 
     disasters and will need long-term economic recovery plans to 
     make them strong again; and
       (9) on April 7, 2000, the Senate passed amendment number 
     3001 to S. Con. Res. 101, which amendment would allocate 
     $250,000,000 in long-term economic development aid to assist 
     communities rebuilding from Hurricane Floyd, including 
     $150,000,000 in community development block grant funding and 
     $50,000,000 in rural facilities grant funding.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) communities devastated by Hurricane Floyd should know 
     that, in the past, Congress has responded to natural 
     disasters by demonstrating a commitment to helping affected 
     States and communities to recover;
       (2) the Federal response to natural disasters has 
     traditionally been quick, supportive, and appropriate;
       (3) recognizing that communities devastated by Hurricane 
     Floyd are facing tremendous challenges as they begin their 
     recovery, the Federal agencies that administer community and 
     regional development programs should expect an increase in 
     applications and other requests from these communities;
       (4) community development block grants administered by the 
     Department of Housing and Urban Development, grant programs 
     administered by the Economic Development Administration, and 
     the Community Facilities Grant Program administered by the 
     Department of Agriculture are resources that communities have 
     used to accomplish revitalization and economic development 
     following natural disasters; and
       (5) additional community and regional development funding, 
     as provided for in amendment number 3001 to S. Con. Res. 101, 
     as passed by the Senate on April 7, 2000, should be 
     appropriated to assist communities in need of long-term 
     economic development aid as a result of damage suffered by 
     Hurricane Floyd.
                                 ______
                                 

                       EDWARDS AMENDMENT NO. 3276

  (Ordered to lie on the table.)
  Mr. EDWARDS submitted an amendment intended to be proposed by him to 
the bill, S. 2549; supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . SENSE OF THE SENATE REGARDING TAX TREATMENT OF 
                   MEMBERS RECEIVING SPECIAL PAY.

       It is the sense of the Senate that members of the Armed 
     Forces who receive special pay for duty subject to hostile 
     fire or imminent danger (37 U.S.C. 310) should receive the 
     same tax treatment as members serving in combat zones.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 3277

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, S. 2549; supra; as follows:

       On page 462, between lines 2 and 3, insert the following:

     SEC. 1210. CONTROLS ON EXPORTS OF SATELLITES AND RELATED 
                   EQUIPMENT.

       Section 1513(b) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2174; 22 U.S.C. 2778 note) is amended to read as 
     follows:
       ``(b) Relationship to Other Laws.--The satellites and 
     related equipment on the United States Munitions List under 
     subsection (a) shall not be considered as being defense 
     articles or defense services for the purpose of any provision 
     of law other than section 38 of the Arms Export Control Act 
     except as may be specifically provided in that other 
     provision of law.''.
                                 ______
                                 

             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT 2001

                                 ______
                                 

                STEVENS (AND INOUYE) AMENDMENT NO. 3278

  Mr. STEVENS (for himself and Mr. Inouye) proposed an amendment to the 
bill (H.R. 4576) making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2001, and for other purposes; 
as follows:

       Strike all after the enacting clause and insert the 
     following:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2001, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund, $22,173,929,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), and to the Department of Defense Military 
     Retirement Fund, $17,877,215,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), to 
     section 229(b) of the Social Security Act (42 U.S.C. 429(b)), 
     and to the Department of Defense Military Retirement Fund, 
     $6,831,373,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), to section 229(b) of the Social Security 
     Act (42 U.S.C. 429(b)), and to the Department of Defense 
     Military Retirement Fund, $18,110,764,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $2,458,961,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,539,490,000.

[[Page S4895]]

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $446,586,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund, 
     $963,752,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $3,781,236,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $1,634,181,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $10,616,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $19,049,881,000 and, in addition, 
     $50,000,000 shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund: Provided, That of the 
     funds appropriated in this paragraph, not less than 
     $355,000,000 shall be made available only for conventional 
     ammunition care and maintenance.

                    Operation and Maintenance, Navy


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $5,146,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, $23,398,254,000 
     and, in addition, $50,000,000 shall be derived by transfer 
     from the National Defense Stockpile Transaction Fund.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $2,729,758,000.

                  Operation and Maintenance, Air Force


                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,878,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $22,268,977,000 and, in addition, 
     $50,000,000, shall be derived by transfer from the National 
     Defense Stockpile Transaction Fund.

                Operation and Maintenance, Defense-Wide

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $11,991,688,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $30,000,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,529,418,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $968,946,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $141,159,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $1,893,859,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $3,330,535,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $3,481,775,000.

             Overseas Contingency Operations Transfer Fund


                     (INCLUDING TRANSFER OF FUNDS)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces, $4,100,577,000, 
     to remain available until expended: Provided, That the 
     Secretary of Defense may transfer these funds only to 
     military personnel accounts; operation and maintenance 
     accounts within this title, the Defense Health Program 
     appropriation, and to working capital funds: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

[[Page S4896]]

          United States Courts of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $8,574,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                    Environmental Restoration, Army


                     (including transfer of funds)

       For the Department of the Army, $389,932,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                    Environmental Restoration, Navy


                     (including transfer of funds)

       For the Department of the Navy, $294,038,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force


                     (including transfer of funds)

       For the Department of the Air Force, $376,300,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation.

                Environmental Restoration, Defense-Wide


                     (including transfer of funds)

       For the Department of Defense, $21,412,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)

       For the Department of the Army, $231,499,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2547, and 2551 of title 10, United States Code), 
     $55,900,000, to remain available until September 30, 2002.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, 
     $458,400,000, to remain available until September 30, 2003: 
     Provided, That of the amounts provided under this heading, 
     $25,000,000 shall be available only to support the 
     dismantling and disposal of nuclear submarines and submarine 
     reactor components in the Russian Far East.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,532,862,000, to remain available for obligation until 
     September 30, 2003.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,329,781,000, to remain available for obligation until 
     September 30, 2003.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $2,166,574,000, to remain available for 
     obligation until September 30, 2003.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,212,149,000, to remain available for obligation until 
     September 30, 2003.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of not to exceed 35 passenger 
     motor vehicles for replacement only; and the purchase of 12 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000 per vehicle; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes, 
     $4,060,728,000, to remain available for obligation until 
     September 30, 2003.

[[Page S4897]]

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $8,426,499,000, to remain available 
     for obligation until September 30, 2003.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $1,571,650,000, to remain available for obligation until 
     September 30, 2003.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $471,749,000, to remain available for obligation until 
     September 30, 2003.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program, $4,053,653,000;
       Carrier Replacement Program (AP), $21,869,000;
       NSSN, $1,203,012,000;
       NSSM (AP), $508,222,000;
       CVN Refuelings, $703,441,000;
       CVN Refuelings (AP), $25,000,000;
       Submarine Refuelings, $210,414,000;
       Submarine Refuelings (AP), $72,277,000;
       DDG-51 destroyer program, $2,713,559,000;
       DDG-51 destroyer program (AP), $500,000,000;
       LPD-17 Program Cost Growth, $285,000,000;
       LPD-17 (AP), $200,000,000;
       LHD-8 (AP), $460,000,000;
       ADC(X), $338,951,000;
       LCAC landing craft air cushion program, $15,615,000; and
       For craft, outfitting, post delivery, conversions, and 
     first destination transformation transportation, 
     $301,077,000;
       In all: $11,612,090,000, to remain available for obligation 
     until September 30, 2005: Provided, That additional 
     obligations may be incurred after September 30, 2005, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards: Provided further, That the 
     Secretary of the Navy is hereby granted the authority to 
     enter into contracts for an LHD-1 Amphibious Assault Ship and 
     LPD-17 Class Ships which shall be funded on an incremental 
     basis.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 63 passenger motor vehicles for replacement only, and 
     the purchase of one vehicle required for physical security of 
     personnel, notwithstanding price limitations applicable to 
     passenger vehicles but not to exceed $200,000; expansion of 
     public and private plants, including the land necessary 
     therefor, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $3,400,180,000, to remain available 
     for obligation until September 30, 2003.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of not to exceed 33 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title, 
     $1,196,368,000, to remain available for obligation until 
     September 30, 2003.

                    Aircraft Procurement, Air Force

       For construction, procurement, lease, and modification of 
     aircraft and equipment, including armor and armament, 
     specialized ground handling equipment, and training devices, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, Government-owned 
     equipment and installation thereof in such plants, erection 
     of structures, and acquisition of land, for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $7,289,934,000, to remain available 
     for obligation until September 30, 2003.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $2,920,815,000, to remain available for obligation until 
     September 30, 2003.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $654,808,000, to remain available for obligation until 
     September 30, 2003.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of not to exceed 173, passenger motor 
     vehicles for replacement only, and the purchase of one 
     vehicle required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000; lease of passenger motor 
     vehicles; and expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon, prior 
     to approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $7,605,027,000, to remain 
     available for obligation until September 30, 2003.

                       Procurement, Defense-Wide


                     (including transfer of funds)

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of not to exceed 115 passenger 
     motor vehicles for replacement only; the purchase of 10 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $250,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $2,294,908,000, to remain available for obligation 
     until September 30, 2003.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other

[[Page S4898]]

     weapons, and other procurement for the reserve components of 
     the Armed Forces, $150,000,000, to remain available for 
     obligation until September 30, 2003: Provided, That the 
     Chiefs of the Reserve and National Guard components shall, 
     not later than 30 days after the enactment of this Act, 
     individually submit to the congressional defense committees 
     the modernization priority assessment for their respective 
     Reserve or National Guard component.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $5,683,675,000, to remain available 
     for obligation until September 30, 2002.

            Research, Development, Test and Evaluation, Navy

        For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $8,812,070,000, to remain available 
     for obligation until September 30, 2002: Provided, That funds 
     appropriated in this paragraph which are available for the V-
     22 may be used to meet unique requirements of the Special 
     Operation Forces.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $13,931,145,000, to remain 
     available for obligation until September 30, 2002.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $10,952,039,000, to 
     remain available for obligation until September 30, 2002.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $218,560,000, to remain available for obligation 
     until September 30, 2002.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds; $916,276,000: 
     Provided, That during fiscal year 2001, funds in the Defense 
     Working Capital Funds may be used for the purchase of not to 
     exceed 330 passenger carrying motor vehicles for replacement 
     only for the Defense Security Service.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), $388,158,000, to 
     remain available until expended: Provided, That none of the 
     funds provided in this paragraph shall be used to award a new 
     contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all shipboard services; propulsion 
     system components (that is; engines, reduction gears, and 
     propellers); shipboard cranes; and spreaders for shipboard 
     cranes: Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract: Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive the restrictions in the first proviso on a case-by-case 
     basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that adequate domestic supplies are not available to meet 
     Department of Defense requirements on a timely basis and that 
     such an acquisition must be made in order to acquire 
     capability for national security purposes.

                     National Defense Airlift Fund

       For National Defense Airlift Fund programs, projects, and 
     activities, $2,890,923,000, to remain available until 
     expended: Provided, That these funds shall only be available 
     for transfer to the appropriate C-17 program P-1 line items 
     of Titles III of this Act for the purposes specified in this 
     section: Provided further, That the funds transferred under 
     the authority provided within this section shall be merged 
     with and shall be available for the same purposes, and for 
     the same time period, as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority contained elsewhere in this Act.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $12,130,179,000, of which $11,437,293,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2002; of which $290,006,000, to remain available for 
     obligation until September 30, 2003, shall be for 
     Procurement; of which $402,880,000, to remain available for 
     obligation until September 30, 2002, shall be for Research, 
     development, test and evaluation; and of which $10,000,000 
     shall be available for HIV prevention educational activities 
     undertaken in connection with U.S. military training, 
     exercises, and humanitarian assistance activities conducted 
     in African nations.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $979,400,000, of which $600,000,000 shall 
     be for Operation and maintenance to remain available until 
     September 30, 2002, $105,000,000 shall be for Procurement to 
     remain available until September 30, 2003, and $274,400,000 
     shall be for Research, development, test and evaluation to 
     remain available until September 30, 2002: Provided, That of 
     the funds available under this heading, $1,000,000 shall be 
     available until expended each year only for a Johnston Atoll 
     off-island leave program: Provided further, That the 
     Secretaries concerned shall, pursuant to uniform regulations, 
     prescribe travel and transportation allowances for travel by 
     participants in the off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for Operation and 
     maintenance; for Procurement; and for Research, development, 
     test and evaluation, $933,700,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any transfer authority contained elsewhere in 
     this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $147,545,000, of which 
     $144,245,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $3,300,000 to 
     remain available until September 30, 2003, shall be for 
     Procurement.

                               TITLE VII

                            RELATED AGENCIES

                      CENTRAL INTELLIGENCE AGENCY

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain proper funding level 
     for continuing the operation of the Central Intelligence 
     Agency Retirement and Disability System, $216,000,000.

               INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

               Intelligence Community Management Account


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $177,331,000, of which $22,557,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2002: Provided, That of the 
     funds appropriated under this heading, $27,000,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2002, and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2002.

                         Payment to Kaho'olawe

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law, 
     $60,000,000, to remain available until expended.

[[Page S4899]]

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $6,950,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

               GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress.


                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session to the congressional 
     defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     multiyear procurement contracts as follows:
       M2A3 Bradley fighting vehicle; DDG-51 destroyer; C-17; and 
     UH-60/CH-60 aircraft.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     to the Congress on September 30 of each year: Provided, That 
     funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       Sec. 8010. (a) During fiscal year 2001, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2002 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2002 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2002.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. (a) None of the funds appropriated by this Act 
     shall be used to make contributions to the Department of 
     Defense Education Benefits Fund pursuant to section 2006(g) 
     of title 10, United States Code, representing the normal cost 
     for future benefits under section 3015(d) of title 38, United 
     States Code, for any member of the armed services who, on or 
     after the date of the enactment of this Act, enlists in the 
     armed services for a period of active duty of less than 3 
     years, nor shall any amounts representing the normal cost of 
     such future benefits be transferred from the Fund by the 
     Secretary of the Treasury to the Secretary of Veterans 
     Affairs pursuant to section 2006(d) of title 10, United 
     States Code; nor shall the Secretary of Veterans Affairs pay 
     such benefits to any such member: Provided, That these 
     limitations shall not apply to members in combat arms skills 
     or to members who enlist in the armed services on or after 
     July 1, 1989, under a program continued or established by the 
     Secretary of Defense in fiscal year 1991 to test the cost-
     effective use of special recruiting incentives involving not 
     more than 19 noncombat arms skills approved in advance by the 
     Secretary of Defense: Provided further, That this subsection 
     applies only to active components of the Army.
       (b) None of the funds appropriated by this Act shall be 
     available for the basic pay and

[[Page S4900]]

     allowances of any member of the Army participating as a full-
     time student and receiving benefits paid by the Secretary of 
     Veterans Affairs from the Department of Defense Education 
     Benefits Fund when time spent as a full-time student is 
     credited toward completion of a service commitment: Provided, 
     That this subsection shall not apply to those members who 
     have reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of the enactment of this Act, is performed by more 
     than 10 Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section and subsections (a), (b), and (c) of 10 U.S.C. 
     2461 shall not apply to a commercial or industrial type 
     function of the Department of Defense that: (1) is included 
     on the procurement list established pursuant to section 2 of 
     the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
     to as the Javits-Wagner-O'Day Act; (2) is planned to be 
     converted to performance by a qualified nonprofit agency for 
     the blind or by a qualified nonprofit agency for other 
     severely handicapped individuals in accordance with that Act; 
     or (3) is planned to be converted to performance by a 
     qualified firm under 51 percent Native American ownership.


                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or Tricare shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Funds available in this Act may be used to 
     provide transportation for the next-of-kin of individuals who 
     have been prisoners of war or missing in action from the 
     Vietnam era to an annual meeting in the United States, under 
     such regulations as the Secretary of Defense may prescribe.
       Sec. 8019. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by executive agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 2002 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8020. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8021. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8022. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That contractors 
     participating in the test program established by section 854 
     of Public Law 101-189 (15 U.S.C. 637 note) shall be eligible 
     for the program established by section 504 of the Indian 
     Financing Act of 1974 (25 U.S.C. 1544).
       Sec. 8023. During the current fiscal year, funds 
     appropriated or otherwise available for any Federal agency, 
     the Congress, the judicial branch, or the District of 
     Columbia may be used for the pay, allowances, and benefits of 
     an employee as defined by section 2105 of title 5, United 
     States Code, or an individual employed by the government of 
     the District of Columbia, permanent or temporary indefinite, 
     who--
       (1) is a member of a Reserve component of the Armed Forces, 
     as described in section 10101 of title 10, United States 
     Code, or the National Guard, as described in section 101 of 
     title 32, United States Code;
       (2) performs, for the purpose of providing military aid to 
     enforce the law or providing assistance to civil authorities 
     in the protection or saving of life or property or prevention 
     of injury--
       (A) Federal service under sections 331, 332, 333, or 12406 
     of title 10, United States Code, or other provision of law, 
     as applicable; or
       (B) full-time military service for his or her State, the 
     District of Columbia, the Commonwealth of Puerto Rico, or a 
     territory of the United States; and
       (3) requests and is granted--
       (A) leave under the authority of this section; or
       (B) annual leave, which may be granted without regard to 
     the provisions of sections 5519 and 6323(b) of title 5, 
     United States Code, if such employee is otherwise entitled to 
     such annual leave:
     Provided, That any employee who requests leave under 
     subsection (3)(A) for service described in subsection (2) of 
     this section is entitled to such leave, subject to the 
     provisions of this section and of the last sentence of 
     section 6323(b) of title 5, United States Code, and such 
     leave shall be considered leave under section 6323(b) of 
     title 5, United States Code.
       Sec. 8024. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 48 months after 
     initiation of such study for a multi-function activity.
       Sec. 8025. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8026. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8027. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act.
       Sec. 8028. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act, qualified nonprofit 
     agencies for the blind or other severely handicapped shall be 
     afforded the maximum practicable opportunity to participate 
     as subcontractors and suppliers in the performance of 
     contracts let by the Department of Defense.
       (b) During the current fiscal year, a business concern 
     which has negotiated with a

[[Page S4901]]

     military service or defense agency a subcontracting plan for 
     the participation by small business concerns pursuant to 
     section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     shall be given credit toward meeting that subcontracting goal 
     for any purchases made from qualified nonprofit agencies for 
     the blind or other severely handicapped.
       (c) For the purpose of this section, the phrase ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind or other 
     severely handicapped that has been approved by the Committee 
     for the Purchase from the Blind and Other Severely 
     Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
     48).
       Sec. 8029. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8030. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8031. Of the funds made available in this Act, not 
     less than $21,417,000 shall be available for the Civil Air 
     Patrol Corporation, of which $19,417,000 shall be available 
     for Civil Air Patrol Corporation operation and maintenance to 
     support readiness activities which includes $2,000,000 for 
     the Civil Air Patrol counterdrug program: Provided, That 
     funds identified for ``Civil Air Patrol'' under this section 
     are intended for and shall be for the exclusive use of the 
     Civil Air Patrol Corporation and not for the Air Force or any 
     unit thereof.
       Sec. 8032. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2001 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2001, 
     not more than 6,227 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,009 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2002 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       Sec. 8033. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8034. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8035. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     defense agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8036. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2001. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations for the Treasury and Post Office Departments 
     for the fiscal year ending June 30, 1934, and for other 
     purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8037. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.


                     (including transfer of funds)

       Sec. 8038. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 485(h)(2) 
     and to the special account established under 10 U.S.C. 
     2667(d)(1) are appropriated and shall be available until 
     transferred by the Secretary of Defense to current applicable 
     appropriations or funds of the Department of Defense under 
     the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) 
     and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to 
     be available for the same time period and the same purposes 
     as the appropriation to which transferred.
       Sec. 8039. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8040. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.
       Sec. 8041. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act: Provided, That none of the funds made 
     available for expenditure under this section may be 
     transferred or obligated until 30 days after the Secretary of 
     Defense submits a report which details the balance available 
     in the Overseas Military Facility Investment Recovery 
     Account, all projected income into the account during fiscal 
     years 2001 and 2002, and the specific expenditures to be made 
     using funds transferred from this account during fiscal year 
     2001.
       Sec. 8042. Of the funds appropriated or otherwise made 
     available by this Act, not more than $119,200,000 shall be 
     available for payment of the operating costs of NATO 
     Headquarters: Provided, That the Secretary of Defense may 
     waive this section for Department of Defense support provided 
     to NATO forces in and around the former Yugoslavia.
       Sec. 8043. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $100,000.

[[Page S4902]]

       Sec. 8044. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2002 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2002 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2000 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8045. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2002: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended.
       Sec. 8046. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8047. Of the funds appropriated by the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8048. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year pursuant to 
     section 1459(g) of the Department of Defense Authorization 
     Act, 1986, and deposited to the special account established 
     under subsection 1459(g)(2) of that Act are appropriated and 
     shall be available until expended for the operation and 
     maintenance of the Center as provided for in subsection 
     1459(g)(2).
       Sec. 8049. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8050. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:
     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8051. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to field operating agencies 
     funded within the National Foreign Intelligence Program.
       Sec. 8052. Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2001 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2001.
       Sec. 8053. Notwithstanding section 303 of Public Law 96-487 
     or any other provision of law, the Secretary of the Navy is 
     authorized to lease real and personal property at Naval Air 
     Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for 
     commercial, industrial or other purposes: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     the Navy may remove hazardous materials from facilities, 
     buildings, and structures at Adak, Alaska, and may demolish 
     or otherwise dispose of such facilities, buildings, and 
     structures.


                             (RESCISSIONS)

       Sec. 8054. Of the funds provided in Department of Defense 
     Acts, the following funds are hereby rescinded as of the date 
     of the enactment of this Act or October 1, 2000, whichever is 
     later, from the following accounts and programs in the 
     specified amounts:
       ``Weapons and Tracked Combat Vehicles, 2000/2002'', 
     $59,000,000;
       ``Aircraft Procurement, Air Force, 2000/2002'', 
     $24,000,000;
       ``Other Procurement, Army, 2000/2002'', $29,300,000;
       ``Missile Procurement, Air Force, 2000/2002'', $30,000,000; 
     and
       ``Research, Development, Test and Evaluation, Army, 2000/
     2001'', $27,000,000.
       Sec. 8055. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8056. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8057. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8058. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Unified and 
     Specified Commands and Defense Agencies shall be available 
     for reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Unified and Specified Commands, Defense Agencies 
     and Joint Intelligence Activities, including the activities 
     and programs included within the National Foreign 
     Intelligence Program (NFIP), the Joint Military Intelligence 
     Program (JMIP), and the Tactical Intelligence and Related 
     Activities (TIARA) aggregate: Provided, That nothing in this 
     section authorizes deviation from established Reserve and 
     National Guard personnel and training procedures.


                     (including transfer of funds)

       Sec. 8059. None of the funds appropriated in this Act may 
     be transferred to or obligated from the Pentagon Reservation 
     Maintenance Revolving Fund, unless the Secretary of Defense 
     certifies that the total cost for the planning, design, 
     construction and installation of equipment for the renovation 
     of the Pentagon Reservation will not exceed $1,222,000,000.
       Sec. 8060. (a) None of the funds available to the 
     Department of Defense for any fiscal

[[Page S4903]]

     year for drug interdiction or counter-drug activities may be 
     transferred to any other department or agency of the United 
     States except as specifically provided in an appropriations 
     law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.


                          (transfer of funds)

       Sec. 8061. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8062. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.
       Sec. 8063. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health 
     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8064. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8065. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8066. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8067. During the current fiscal year, the Army shall 
     use the former George Air Force Base as the airhead for the 
     National Training Center at Fort Irwin: Provided, That none 
     of the funds in this Act shall be obligated or expended to 
     transport Army personnel into Edwards Air Force Base for 
     training rotations at the National Training Center.
       Sec. 8068. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8069. To the extent authorized by subchapter VI of 
     chapter 148 of title 10, United States Code, the Secretary of 
     Defense may issue loan guarantees in support of United States 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee, shall be paid by the country involved and shall 
     not be financed as part of a loan guaranteed by the United 
     States: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of chapter 
     148 of title 10, United States Code.
       Sec. 8070. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8071. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions or 
     agents to the Johnston Atoll for the purpose of storing or 
     demilitarizing such munitions or agents.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition or agent of the 
     United States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.
       Sec. 8072. None of the funds provided in title II of this 
     Act for ``Former Soviet Union Threat Reduction'' may be 
     obligated or expended to finance housing for any individual 
     who was a member of the military forces of the Soviet Union 
     or for any individual who is or was a member of the military 
     forces of the Russian Federation.


                     (including transfer of funds)

       Sec. 8073. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8074. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior year, and the 1 percent 
     limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8075. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and

[[Page S4904]]

     recorded against the expired account: Provided further, That 
     the total amount charged to a current appropriation under 
     this section may not exceed an amount equal to 1 percent of 
     the total appropriation for that account.


                          (transfer of funds)

       Sec. 8076. Upon the enactment of this Act, the Secretary of 
     Defense shall make the following transfers of funds: 
     Provided, That the amounts transferred shall be available for 
     the same purposes as the appropriations to which transferred, 
     and for the same time period as the appropriation from which 
     transferred: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amount specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'':
       SSN-21 attack submarine program, $74,000,000;
       To:
       Under the heading, ``Research, Development, Test and 
     Evaluation, Navy, 2001/2002'':
       For SSN-21 development, $74,000,000.
       Sec. 8077. The Under Secretary of Defense (Comptroller) 
     shall submit to the congressional defense committees by 
     February 1, 2001, a detailed report identifying, by amount 
     and by separate budget activity, activity group, subactivity 
     group, line item, program element, program, project, 
     subproject, and activity, any activity for which the fiscal 
     year 2002 budget request was reduced because the Congress 
     appropriated funds above the President's budget request for 
     that specific activity for fiscal year 2001.
       Sec. 8078. Funds appropriated in title II of this Act and 
     for the Defense Health Program in title VI of this Act for 
     supervision and administration costs for facilities 
     maintenance and repair, minor construction, or design 
     projects may be obligated at the time the reimbursable order 
     is accepted by the performing activity: Provided, That for 
     the purpose of this section, supervision and administration 
     costs includes all in-house Government cost.
       Sec. 8079. During the current fiscal year, the Secretary of 
     Defense may waive reimbursement of the cost of conferences, 
     seminars, courses of instruction, or similar educational 
     activities of the Asia-Pacific Center for Security Studies 
     for military officers and civilian officials of foreign 
     nations if the Secretary determines that attendance by such 
     personnel, without reimbursement, is in the national security 
     interest of the United States: Provided, That costs for which 
     reimbursement is waived pursuant to this subsection shall be 
     paid from appropriations available for the Asia-Pacific 
     Center.
       Sec. 8080. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8081. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the 
     current fiscal year, interest penalties may be paid by the 
     Department of Defense from funds financing the operation of 
     the military department or defense agency with which the 
     invoice or contract payment is associated.


                             (Rescissions)

       Sec. 8083. Of the funds provided in the Department of 
     Defense Appropriations Act, 1999 (Public Law 105-262), 
     $319,688,000, to reflect savings from revised economic 
     assumptions, is hereby rescinded as of the date of the 
     enactment of this Act, or October 1, 2000, whichever is 
     later, from the following accounts in the specified amounts:
       ``Aircraft Procurement, Army'', $7,000,000;
       ``Missile Procurement, Army'', $6,000,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', $7,000,000;
       ``Procurement of Ammunition, Army'', $5,000,000;
       ``Other Procurement, Army'', $16,000,000;
       ``Aircraft Procurement, Navy'', $24,125,000;
       ``Weapons Procurement, Navy'', $3,853,000;
       ``Procurement of Ammunition, Navy and Marine Corps'', 
     $1,463,000;
       ``Shipbuilding and Conversion, Navy'', $19,644,000;
       ``Other Procurement, Navy'', $12,032,000;
       ``Procurement, Marine Corps'', $3,623,000;
       ``Aircraft Procurement, Air Force'', $32,743,000;
       ``Missile Procurement, Air Force'', $5,500,000;
       ``Procurement of Ammunition, Air Force'', $1,232,000;
       ``Other Procurement, Air Force'', $19,902,000;
       ``Procurement, Defense-Wide'', $6,683,000;
       ``Chemical Agents and Munitions Destruction, Army'', 
     $1,103,000;
       ``Defense Health Program'', $808,000;
       ``Research, Development, Test and Evaluation, Army'', 
     $20,592,000;
       ``Research, Development, Test and Evaluation, Navy'', 
     $35,621,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     $53,467,000; and
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', $36,297,000:
     Provided, That these reductions shall be applied 
     proportionally to each budget activity, activity group and 
     subactivity group and each program, project, and activity 
     within each appropriation account.
       Sec. 8084. The budget of the President for fiscal year 2002 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, and each annual budget request 
     thereafter, shall include budget activity groups (known as 
     ``subactivities'') in all appropriations accounts provided in 
     this Act, as may be necessary, to separately identify all 
     costs incurred by the Department of Defense to support the 
     North Atlantic Treaty Organization and all Partnership For 
     Peace programs and initiatives. The budget justification 
     materials submitted to the Congress in support of the budget 
     of the Department of Defense for fiscal year 2002, and 
     subsequent fiscal years, shall provide complete, detailed 
     estimates for all such costs.
       Sec. 8085. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8086. Funds made available to the Civil Air Patrol in 
     this Act under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used for the Civil Air 
     Patrol Corporation's counterdrug program, including its 
     demand reduction program involving youth programs, as well as 
     operational and training drug reconnaissance missions for 
     Federal, State, and local government agencies; for 
     administrative costs, including the hiring of Civil Air 
     Patrol Corporation employees; for travel and per diem 
     expenses of Civil Air Patrol Corporation personnel in support 
     of those missions; and for equipment needed for mission 
     support or performance: Provided, That the Department of the 
     Air Force should waive reimbursement from the Federal, State, 
     and local government agencies for the use of these funds.
       Sec. 8087. Notwithstanding any other provision of law, the 
     TRICARE managed care support contracts in effect, or in final 
     stages of acquisition as of September 30, 2000, may be 
     extended for 2 years: Provided, That any such extension may 
     only take place if the Secretary of Defense determines that 
     it is in the best interest of the Government: Provided 
     further, That any contract extension shall be based on the 
     price in the final best and final offer for the last year of 
     the existing contract as adjusted for inflation and other 
     factors mutually agreed to by the contractor and the 
     Government: Provided further, That notwithstanding any other 
     provision of law, all future TRICARE managed care support 
     contracts replacing contracts in effect, or in the final 
     stages of acquisition as of September 30, 2000, may include a 
     base contract period for transition and up to seven 1-year 
     option periods.
       Sec. 8088. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all

[[Page S4905]]

     credible information available to the Department of State 
     relating to human rights violations by foreign security 
     forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8089. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental equipment of the 
     Department of Defense, at no cost to the Department of 
     Defense, to Indian health service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       Sec. 8090. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $56,200,000 to reflect savings from the pay of civilian 
     personnel, to be distributed as follows:
       ``Operation and Maintenance, Army'', $4,600,000;
       ``Operation and Maintenance, Navy'', $49,600,000; and
       ``Operation and Maintenance, Defense-Wide'', $2,000,000.
       Sec. 8091. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $769,700,000 to reflect savings from favorable foreign 
     currency fluctuations, to be distributed as follows:
       ``Military Personnel, Army'', $60,500,000;
       ``Military Personnel, Navy'', $32,000,000;
       ``Military Personnel, Marine Corps'', $9,700,000;
       ``Military Personnel, Air Force'', $53,000,000;
       ``Operation and Maintenance, Army'', $292,100,000;
       ``Operation and Maintenance, Navy'', $105,100,000;
       ``Operation and Maintenance, Marine Corps'', $25,800,000;
       ``Operation and Maintenance, Air Force,'' $157,600,000;
       ``Operation and Maintenance, Defense-Wide'', $27,200,000; 
     and
       ``Defense Health Program'', $6,700,000.
       Sec. 8092. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the ADC(X) class of ships unless 
     the main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8093. Of the funds made available in this Act, not 
     less than $65,200,000 shall be available to maintain an 
     attrition reserve force of 18 B-52 aircraft, of which 
     $3,200,000 shall be available from ``Military Personnel, Air 
     Force'', $36,900,000 shall be available from ``Operation and 
     Maintenance, Air Force'', and $25,100,000 shall be available 
     from ``Aircraft Procurement, Air Force'': Provided, That the 
     Secretary of the Air Force shall maintain a total force of 94 
     B-52 aircraft, including 18 attrition reserve aircraft, 
     during fiscal year 2001: Provided further, That the Secretary 
     of Defense shall include in the Air Force budget request for 
     fiscal year 2002 amounts sufficient to maintain a B-52 force 
     totaling 94 aircraft.
       Sec. 8094. The budget of the President for fiscal year 2001 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, and each annual budget request 
     thereafter, shall include separate budget justification 
     documents for costs of United States Armed Forces' 
     participation in contingency operations for the Military 
     Personnel accounts, the Overseas Contingency Operations 
     Transfer Fund, the Operation and Maintenance accounts, and 
     the Procurement accounts: Provided, That these budget 
     justification documents shall include a description of the 
     funding requested for each anticipated contingency operation, 
     for each military service, to include active duty and Guard 
     and Reserve components, and for each appropriation account: 
     Provided further, That these documents shall include 
     estimated costs for each element of expense or object class, 
     a reconciliation of increases and decreases for ongoing 
     contingency operations, and programmatic data including, but 
     not limited to troop strength for each active duty and Guard 
     and Reserve component, and estimates of the major weapons 
     systems deployed in support of each contingency.
       Sec. 8095. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8096. Notwithstanding any other provision of law, for 
     the purpose of establishing all Department of Defense 
     policies governing the provision of care provided by and 
     financed under the military health care system's case 
     management program under 10 U.S.C. 1079(a)(17), the term 
     ``custodial care'' shall be defined as care designed 
     essentially to assist an individual in meeting the activities 
     of daily living and which does not require the supervision of 
     trained medical, nursing, paramedical or other specially 
     trained individuals: Provided, That the case management 
     program shall provide that members and retired members of the 
     military services, and their dependents and survivors, have 
     access to all medically necessary health care through the 
     health care delivery system of the military services 
     regardless of the health care status of the person seeking 
     the health care: Provided further, That the case management 
     program shall be the primary obligor for payment of medically 
     necessary services and shall not be considered as secondarily 
     liable to title XIX of the Social Security Act, other welfare 
     programs or charity based care.
       Sec. 8097. During the current fiscal year--
       (1) refunds attributable to the use of the Government 
     travel card and refunds attributable to official Government 
     travel arranged by Government Contracted Travel Management 
     Centers may be credited to operation and maintenance accounts 
     of the Department of Defense which are current when the 
     refunds are received; and
       (2) refunds attributable to the use of the Government 
     Purchase Card by military personnel and civilian employees of 
     the Department of Defense may be credited to accounts of the 
     Department of Defense that are current when the refunds are 
     received and that are available for the same purposes as the 
     accounts originally charged.
       Sec. 8098. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8099. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8100. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under 10 U.S.C. 2667, in the case 
     of a lease of personal property for a period not in excess of 
     1 year to any organization specified in 32 U.S.C. 508(d), or 
     any other youth, social, or fraternal non-profit organization 
     as may be approved by the Chief of the National Guard Bureau, 
     or his designee, on a case-by-case basis.
       Sec. 8101. Notwithstanding any other provision of law, that 
     not more than 35 percent of funds provided in this Act, may 
     be obligated for environmental remediation under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8102. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', $10,000,000 shall 
     be transferred to the Department of Transportation to enable 
     the Secretary of Transportation to realign railroad track on 
     Elmendorf Air Force Base and Fort Richardson.
       Sec. 8103. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more

[[Page S4906]]

     than one State, purchases may be made in any State in which 
     the installation is located: Provided further, That such 
     local procurement requirements for malt beverages and wine 
     shall apply to all alcoholic beverages only for military 
     installations in States which are not contiguous with another 
     State: Provided further, That alcoholic beverages other than 
     wine and malt beverages, in contiguous States and the 
     District of Columbia shall be procured from the most 
     competitive source, price and other factors considered.
       Sec. 8104. During the current fiscal year, under 
     regulations prescribed by the Secretary of Defense, the 
     Center of Excellence for Disaster Management and Humanitarian 
     Assistance may also pay, or authorize payment for, the 
     expenses of providing or facilitating education and training 
     for appropriate military and civilian personnel of foreign 
     countries in disaster management, peace operations, and 
     humanitarian assistance: Provided, That not later than April 
     1, 2001, the Secretary of Defense shall submit to the 
     congressional defense committees a report regarding the 
     training of foreign personnel conducted under this authority 
     during the preceding fiscal year for which expenses were paid 
     under the section: Provided further, That the report shall 
     specify the countries in which the training was conducted, 
     the type of training conducted, and the foreign personnel 
     trained.
       Sec. 8105. (a) The Department of Defense is authorized to 
     enter into agreements with the Veterans Administration and 
     federally-funded health agencies providing services to Native 
     Hawaiians for the purpose of establishing a partnership 
     similar to the Alaska Federal Health Care Partnership, in 
     order to maximize Federal resources in the provision of 
     health care services by federally-funded health agencies, 
     applying telemedicine technologies. For the purpose of this 
     partnership, Native Hawaiians shall have the same status as 
     other Native Americans who are eligible for the health care 
     services provided by the Indian Health Service.
       (b) The Department of Defense is authorized to develop a 
     consultation policy, consistent with Executive Order No. 
     13084 (issued May 14, 1998), with Native Hawaiians for the 
     purpose of assuring maximum Native Hawaiian participation in 
     the direction and administration of governmental services so 
     as to render those services more responsive to the needs of 
     the Native Hawaiian community.
       (c) For purposes of this section, the term ``Native 
     Hawaiian'' means any individual who is a descendant of the 
     aboriginal people who, prior to 1778, occupied and exercised 
     sovereignty in the area that now comprises the State of 
     Hawaii.
       Sec. 8106. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be made available 
     for reconstruction activities in the Republic of Serbia 
     (excluding the province of Kosovo) as long as Slobodan 
     Milosevic remains the President of the Federal Republic of 
     Yugoslavia (Serbia and Montenegro).
       Sec. 8107. In addition to the amounts provided elsewhere in 
     this Act, the amount of $10,000,000 is hereby appropriated 
     for ``Operation and Maintenance, Defense-Wide'', to be 
     available, notwithstanding any other provision of law, only 
     for a grant to the United Service Organizations Incorporated, 
     a federally chartered corporation under chapter 2201 of title 
     36, United States Code. The grant provided for by this 
     section is in addition to any grant provided for under any 
     other provision of law.
       Sec. 8108. Of the funds made available in this Act under 
     the heading ``Operation and Maintenance, Defense-Wide'', up 
     to $5,000,000 shall be available to provide assistance, by 
     grant or otherwise, to public school systems that have 
     unusually high concentrations of special needs military 
     dependents enrolled: Provided, That in selecting school 
     systems to receive such assistance, special consideration 
     shall be given to school systems in States that are 
     considered overseas assignments.
       Sec. 8109. (a) In General.--Notwithstanding any other 
     provision of law, the Secretary of the Air Force may convey 
     at no cost to the Air Force, without consideration, to Indian 
     tribes located in the States of North Dakota, South Dakota, 
     Montana, and Minnesota relocatable military housing units 
     located at Grand Forks Air Force Base and Minot Air Force 
     Base that are excess to the needs of the Air Force.
       (b) Processing of Requests.--The Secretary of the Air Force 
     shall convey, at no cost to the Air Force, military housing 
     units under subsection (a) in accordance with the request for 
     such units that are submitted to the Secretary by the 
     Operation Walking Shield Program on behalf of Indian tribes 
     located in the States of North Dakota, South Dakota, Montana, 
     and Minnesota.
       (c) Resolution of Housing Unit Conflicts.--The Operation 
     Walking Shield program shall resolve any conflicts among 
     request of Indian tribes for housing units under subsection 
     (a) before submitting requests to the Secretary of the Air 
     Force under paragraph (b).
       (d) Indian Tribe Defined.--In this section, the term 
     ``Indian tribe'' means any recognized Indian tribe included 
     on the current list published by the Secretary of Interior 
     under section 104 of the Federally Recognized Indian Tribe 
     Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 
     479a-1).
       Sec. 8110. Of the amounts appropriated in the Act under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $85,849,000 shall be available for the 
     purpose of adjusting the cost-share of the parties under the 
     Agreement between the Department of Defense and the Ministry 
     of Defence of Israel for the Arrow Deployability Program.
       Sec. 8111. The Secretary of Defense shall fully identify 
     and determine the validity of healthcare contract additional 
     liabilities, requests for equitable adjustment, and claims 
     for unanticipated healthcare contract costs: Provided, That 
     the Secretary of Defense shall establish an equitable and 
     timely process for the adjudication of claims, and recognize 
     actual liabilities during the Department's planning, 
     programming and budgeting process: Provided further, That not 
     later than March 1, 2001, the Secretary of Defense shall 
     submit a report to the congressional defense committees on 
     the scope and extent of healthcare contract claims, and on 
     the action taken to implement the provisions of this section: 
     Provided further, That nothing in this section should be 
     construed as congressional direction to liquidate or pay any 
     claims that otherwise would not have been adjudicated in 
     favor of the claimant.
       Sec. 8112. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.
       Sec. 8113. Of the amounts appropriated in this Act under 
     the heading, ``Operation and Maintenance, Defense-Wide,'' 
     $115,000,000 shall remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to transfer such funds to 
     other activities of the Federal Government.
       Sec. 8114. Operational Support Aircraft Leasing Authority. 
     (a) The Secretary of the Army and the Secretary of the Navy 
     may establish a multi-year pilot program for leasing aircraft 
     for utility and operational support airlift purposes on such 
     terms and conditions as the respective Secretaries may deem 
     appropriate, consistent with this section.
       (b) Sections 2401 and 2401a of title 10, United States 
     Code, shall not apply to any aircraft lease authorized by 
     this section.
       (c) Under the aircraft lease program authorized by this 
     section:
       (1) The Secretary of the Army and the Secretary of the Navy 
     may include terms and conditions in lease agreements that are 
     customary in aircraft leases by a non-Government lessor to a 
     non-Government lessee.
       (2) The term of any individual lease agreement into which a 
     service Secretary enters under this section shall not exceed 
     10 years.
       (3) The Secretary of the Army and the Secretary of the Navy 
     may provide for special payments to a lessor if either the 
     respective Secretary terminates or cancels the lease prior to 
     the expiration of its term or aircraft are damaged or 
     destroyed prior to the expiration of the term of the lease. 
     Such special payments shall not exceed an amount equal to the 
     value of one year's lease payment under the lease. The amount 
     of special payments shall be subject to negotiation between 
     the Army or Navy and lessors.
       (4) Notwithstanding any other provision of law, any 
     payments required under a lease under this section, and any 
     payments made pursuant to subsection (3) above may be made 
     from:
       (A) appropriations available for the performance of the 
     lease at the time the lease takes effect;
       (B) appropriations for the operation and maintenance 
     available at the time which the payment is due; and
       (C) funds appropriated for those payments.
       (5) The Secretary of the Army and the Secretary of the Navy 
     may lease aircraft, on such terms and conditions as they may 
     deem appropriate, consistent with this section, through an 
     operating lease consistent with OMB Circular A-11.
       (6) The Secretary of the Army and the Secretary of the Navy 
     may exchange or sell existing aircraft and apply the exchange 
     allowance or sale proceeds in whole or in part toward the 
     cost of leasing replacement aircraft under this section.
       (7) No lease of operational support aircraft may be entered 
     into under this section after September 30, 2004.
       (d) The authority granted to the Secretary of the Army and 
     the Secretary of the Navy by this section is separate from 
     and in addition to, and shall not be construed to impair or 
     otherwise affect, the authority of the respective Secretaries 
     to procure transportation or enter into leases under a 
     provision of law other than this section.
       (e) The authority provided under this section may be used 
     to lease not more than a total of three (3) Army aircraft, 
     three (3) Navy aircraft, and three (3) Marine Corps aircraft 
     for the purposes of providing operational support.
       Sec. 8115. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act under Title IV for 
     the Ballistic Missile Defense Organization (BMDO) is hereby 
     reduced by $26,154,000 to reflect a reduction in system 
     engineering, program management, and other support costs.
       Sec. 8116. The Ballistic Missile Defense Organization and 
     its subordinate offices and associated contractors, including 
     the Lead Systems Integrator, shall notify the congressional 
     defense committees 30 days prior to issuing any type of 
     information or proposal solicitation under the NMD program.

[[Page S4907]]

       Sec. 8117. Up to $3,000,000 of the funds appropriated under 
     the heading, ``Operation and Maintenance, Navy'' in this Act 
     for the Pacific Missile Range Facility may be made available 
     to contract for the repair, maintenance, and operation of 
     adjacent off-base water, drainage, and flood control systems 
     critical to base operations.
       Sec. 8118. In addition to amounts appropriated elsewhere in 
     the Act, $20,000,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $20,000,000 to the National 
     Center for the Preservation of Democracy.
       Sec. 8119. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', not less than 
     $7,000,000 shall be made available by grant or otherwise, to 
     the North Slope Borough, to provide assistance for health 
     care, monitoring and related issues associated with research 
     conducted from 1955 to 1957 by the former Arctic Aeromedical 
     Laboratory.
       Sec. 8120. None of the funds appropriated in this Act under 
     the heading ``Overseas Contingency Operations Transfer Fund'' 
     may be transferred or obligated for expenses not directly 
     related to the conduct of overseas contingencies: Provided, 
     That the Secretary of Defense shall submit a report no later 
     than thirty days after the end of each fiscal quarter to the 
     Committees on Appropriations of the Senate and House of 
     Representatives that details any transfer of funds from the 
     ``Overseas Contingency Operations Transfer Fund'': Provided 
     further, That the report shall explain any transfer for the 
     maintenance of real property, pay of civilian personnel, base 
     operations support, and weapon, vehicle or equipment 
     maintenance.
       Sec. 8121. In addition to amounts made available elsewhere 
     in this Act, $1,000,000 is hereby appropriated to the 
     Department of Defense to be available for payment to members 
     of the uniformed services for reimbursement for mandatory pet 
     quarantines as authorized by law.
       Sec. 8122. The Secretary of the Navy may transfer from any 
     available Department of the Navy appropriation to any 
     available Navy ship construction appropriation for the 
     purpose of liquidating necessary ship cost changes for 
     previous ship construction programs appropriated in law: 
     Provided, That the Secretary may transfer no more than 
     $300,000,000 under the authority provided within this 
     section: Provided further, That the funding transferred shall 
     be available for the same time period as the appropriation 
     from which transferred: Provided further, That the Secretary 
     may not transfer any funding until 30 days after the proposed 
     transfer has been reported to the House and Senate Committees 
     on Appropriations: Provided further, That the transfer 
     authority provided within this section is in addition to any 
     other transfer authority contained elsewhere in this Act.
       Sec. 8123. In addition to amounts appropriated elsewhere in 
     the Act, $2,100,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $2,100,000 to the National D-
     Day Museum.
       Sec. 8124. In addition to amounts appropriated elsewhere in 
     this Act, $5,000,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of the Army shall 
     make available a grant of $5,000,000 only to the Chicago 
     Public Schools for conversion and expansion of the former 
     Eighth Regiment National Guard Armory (Bronzeville).
       Sec. 8125. In addition to the amounts provided elsewhere in 
     this Act, the amount of $10,000,000 is hereby appropriated 
     for ``Operation and Maintenance, Navy'', to accelerate the 
     disposal and scrapping of ships of the Navy Inactive Fleet 
     and Maritime Administration National Defense Reserve Fleet: 
     Provided, That the Secretary of the Navy and the Secretary of 
     Transportation shall develop criteria for selecting ships for 
     scrapping or disposal based on their potential for causing 
     pollution, creating an environmental hazard and cost of 
     storage: Provided further, That the Secretary of the Navy and 
     the Secretary of Transportation shall report to the 
     congressional defense committees no later than June 1, 2001 
     regarding the total number of vessels currently designated 
     for scrapping, and the schedule and costs for scrapping these 
     vessels.
       This Act may be cited as the ``Department of Defense 
     Appropriations Act, 2001''.
                                 ______
                                 

                      GRASSLEY AMENDMENT NO. 3279

  Mr. GRASSLEY proposed an amendment to the bill, H.R. 4576, supra; as 
follows:

       At the appropriate place, insert the following
       Sec. ____. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111, 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2001.

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