[Congressional Record (Bound Edition), Volume 146 (2000), Part 10]
[Senate]
[Pages 14486-14602]
[From the U.S. Government Publishing Office, www.gpo.gov]



        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

  On July 13, 2000, the Senate amended and passed H.R. 4205, as 
follows:

         Resolved, That the bill from the House of Representatives 
     (H.R. 4205) entitled ``An Act 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.'', do pass with the following 
     amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Defense 
     Authorization Act for Fiscal Year 2001''.

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

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

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for certain programs.
Sec. 112. Reports and limitations relating to Army transformation.
Sec. 113. Rapid intravenous infusion pumps.

                       Subtitle C--Navy Programs

Sec. 121. CVNX-1 nuclear aircraft carrier program.
Sec. 122. Arleigh Burke class destroyer program.
Sec. 123. Virginia class submarine program.
Sec. 124. ADC(X) ship program.
Sec. 125. Refueling and complex overhaul program of the CVN-69 nuclear 
              aircraft carrier.
Sec. 126. Remanufactured AV-8B aircraft.
Sec. 127. Anti-personnel obstacle breaching system.

                     Subtitle D--Air Force Programs

Sec. 131. Repeal of requirement for annual report on B-2 bomber 
              aircraft program.
Sec. 132. Conversion of AGM-65 Maverick missiles.

                       Subtitle E--Other Matters

Sec. 141. Pueblo Chemical Depot chemical agent and munitions 
              destruction technologies.
Sec. 142. Integrated bridge systems for naval systems special warfare 
              rigid inflatable boats and high-speed assault craft.
Sec. 143. Repeal of prohibition on use of Department of Defense funds 
              for procurement of nuclear-capable shipyard crane from a 
              foreign source.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for basic and applied research.
Sec. 203. Additional authorization for research, development, test, and 
              evaluation on weathering and corrosion of aircraft 
              surfaces and parts.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Fiscal year 2002 joint field experiment.
Sec. 212. Nuclear aircraft carrier design and production modeling.
Sec. 213. DD-21 class destroyer program.
Sec. 214. F-22 aircraft program.
Sec. 215. Joint strike fighter program.
Sec. 216. Global Hawk high altitude endurance unmanned aerial vehicle.
Sec. 217. Unmanned advanced capability aircraft and ground combat 
              vehicles.
Sec. 218. Army space control technology development.
Sec. 219. Russian American Observation Satellites program.
Sec. 220. Joint biological defense program.
Sec. 221. Report on biological warfare defense vaccine research and 
              development programs.
Sec. 222. Technologies for detection and transport of pollutants 
              attributable to live-fire activities.
Sec. 223. Acoustic mine detection.
Sec. 224. Operational technologies for mounted maneuver forces.
Sec. 225. Air logistics technology.
Sec. 226. Precision Location and Identification Program (PLAID).
Sec. 227. Navy Information Technology Center and Human Resource 
              Enterprise Strategy.
Sec. 228. Joint Technology Information Center Initiative.
Sec. 229. Ammunition risk analysis capabilities.
Sec. 230. Funding for comparisons of medium armored combat vehicles.

                       Subtitle C--Other Matters

Sec. 241. Mobile offshore base.
Sec. 242. Air Force science and technology planning.
Sec. 243. Enhancement of authorities regarding education partnerships 
              for purposes of encouraging scientific study.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

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

[[Page 14487]]

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 311. Impact aid for children with disabilities.
Sec. 312. Joint warfighting capabilities assessment teams.
Sec. 313. Weatherproofing of facilities at Keesler Air Force Base, 
              Mississippi.
Sec. 314. Demonstration project for Internet access and services in 
              rural communities.
Sec. 315. Tethered Aerostat Radar System (TARS) sites.
Sec. 316. Mounted Urban Combat Training site, Fort Knox, Kentucky.
Sec. 317. MK-45 overhaul.
Sec. 318. Industrial mobilization capacity at Government-owned, 
              Government-operated Army ammunition facilities and 
              arsenals.
Sec. 319. Close-in weapon system overhauls.
Sec. 320. Spectrum data base upgrades.

             Subtitle C--Humanitarian and Civic Assistance

Sec. 321. Increased authority to provide health care services as 
              humanitarian and civic assistance.
Sec. 322. Use of humanitarian and civic assistance funding for pay and 
              allowances of Special Operations Command Reserves 
              furnishing demining training and related assistance as 
              humanitarian assistance.

        Subtitle D--Department of Defense Industrial Facilities

Sec. 331. Codification and improvement of armament retooling and 
              manufacturing support programs.
Sec. 332. Centers of Industrial and Technical Excellence.
Sec. 333. Effects of outsourcing on overhead costs of Centers of 
              Industrial and Technical Excellence and ammunition 
              plants.
Sec. 334. Revision of authority to waive limitation on performance of 
              depot-level maintenance.
Sec. 335. Unutilized and underutilized plant-capacity costs of United 
              States arsenals.

                  Subtitle E--Environmental Provisions

Sec. 341. Environmental restoration accounts.
Sec. 342. Payment of fines and penalties for environmental compliance 
              violations.
Sec. 343. Annual reports under Strategic Environmental Research and 
              Development Program.
Sec. 344. Payment of fines or penalties imposed for environmental 
              compliance violations at certain Department of Defense 
              facilities.
Sec. 345. Reimbursement for certain costs in connection with the Former 
              Nansemond Ordnance Depot Site, Suffolk, Virginia.
Sec. 346. Environmental restoration activities.
Sec. 347. Ship disposal project.
Sec. 348. Report on Defense Environmental Security Corporate 
              Information Management program.
Sec. 349. Report on Plasma Energy Pyrolysis System.

                       Subtitle F--Other Matters

Sec. 361. Effects of worldwide contingency operations on readiness of 
              certain military aircraft and equipment.
Sec. 362. Realistic budgeting for readiness requirements of the Army.
Sec. 363. Additions to plan for ensuring visibility over all in-transit 
              end items and secondary items.
Sec. 364. Performance of emergency response functions at chemical 
              weapons storage installations.
Sec. 365. Congressional notification of use of radio frequency spectrum 
              by a system entering engineering and manufacturing 
              development.
Sec. 366. Monitoring of value of performance of Department of Defense 
              functions by workforces selected from between public and 
              private workforces.
Sec. 367. Suspension of reorganization of Naval Audit Service.
Sec. 368. Investment of commissary trust revolving fund.
Sec. 369. Economic procurement of distilled spirits.
Sec. 370. Resale of armor-piercing ammunition disposed of by the Army.
Sec. 371. Damage to aviation facilities caused by alkali silica 
              reactivity.
Sec. 372. Reauthorization of pilot program for acceptance and use of 
              landing fees charged for use of domestic military 
              airfields by civil aircraft.
Sec. 373. Reimbursement by civil air carriers for support provided at 
              Johnston Atoll.
Sec. 374. Review of costs of maintaining historical properties.
Sec. 375. Extension of authority to sell certain aircraft for use in 
              wildfire suppression.
Sec. 376. Overseas airlift service on civil reserve air fleet aircraft.
Sec. 377. Defense travel system.
Sec. 378. Review of AH-64 aircraft program.
Sec. 379. Assistance for maintenance, repair, and renovation of school 
              facilities that serve dependents of members of the Armed 
              Forces and Department of Defense civilian employees.
Sec. 380. Postponement of implementation of Defense Joint Accounting 
              System (DJAS) pending analysis of the system.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2001 limitation on non-dual status technicians.
Sec. 415. Increase in numbers of members in certain grades authorized 
              to be on active duty in support of the reserves.

       Subtitle C--Other Matters Relating to Personnel Strengths

Sec. 421. Suspension of strength limitations during war or national 
              emergency.
Sec. 422. Exclusion of certain reserve component members on active duty 
              for more than 180 days from active component end 
              strengths.
Sec. 423. Exclusion of Army and Air Force medical and dental officers 
              from limitation on strengths of reserve commissioned 
              officers in grades below brigadier general.
Sec. 424. Authority for temporary increases in number of reserve 
              personnel serving on active duty or full-time National 
              Guard duty in certain grades.
Sec. 425. Temporary exemption of Director of the National Security 
              Agency from limitations on number of Air Force officers 
              above major general.

              Subtitle D--Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Eligibility of Army Reserve colonels and brigadier generals 
              for position vacancy promotions.
Sec. 502. Promotion zones for Coast Guard Reserve officers.
Sec. 503. Time for release of officer promotion selection board 
              reports.
Sec. 504. Clarification of authority for posthumous commissions and 
              warrants.
Sec. 505. Inapplicability of active-duty list promotion, separation, 
              and involuntary retirement authorities to reserve general 
              and flag officers serving in certain positions designated 
              for reserve officers by the Chairman of the Joint Chiefs 
              of Staff.
Sec. 506. Review of actions of selection boards.
Sec. 507. Extension to all Air Force biomedical sciences officers of 
              authority to retain until specified age.
Sec. 508. Termination of application requirement for consideration of 
              officers for continuation on the Reserve Active-Status 
              List.
Sec. 509. Technical corrections relating to retired grade of reserve 
              commissioned officers.
Sec. 510. Grade of chiefs of reserve components and directors of 
              National Guard components.
Sec. 511. Contingent exemption from limitation on number of Air Force 
              officers serving on active duty in grades above major 
              general.

                  Subtitle B--Joint Officer Management

Sec. 521. Joint specialty designations and additional identifiers.
Sec. 522. Promotion objectives.
Sec. 523. Education.
Sec. 524. Length of joint duty assignment.
Sec. 525. Annual report to Congress.
Sec. 526. Multiple assignments considered as single joint duty 
              assignment.
Sec. 527. Joint duty requirement for promotion to one-star grades.

                   Subtitle C--Education and Training

Sec. 541. Eligibility of children of Reserves for Presidential 
              appointment to service academies.
Sec. 542. Selection of foreign students to receive instruction at 
              service academies.
Sec. 543. Repeal of contingent funding increase for Junior Reserve 
              Officers Training Corps.
Sec. 544. Revision of authority for Marine Corps Platoon Leaders Class 
              tuition assistance program.

               Subtitle D--Matters Relating to Recruiting

Sec. 551. Army recruiting pilot programs.
Sec. 552. Enhancement of the joint and service recruitment market 
              research and advertising programs.
Sec. 553. Access to secondary schools for military recruiting purposes.

             Subtitle E--Military Voting Rights Act of 2000

Sec. 561. Short title.
Sec. 562. Guarantee of residency.
Sec. 563. State responsibility to guarantee military voting rights.

[[Page 14488]]

                       Subtitle F--Other Matters

Sec. 571. Authority for award of Medal of Honor to certain specified 
              persons.
Sec. 572. Waiver of time limitations for award of certain decorations 
              to certain persons.
Sec. 573. Ineligibility for involuntary separation pay upon declination 
              of selection for continuation on active duty.
Sec. 574. Recognition by States of military testamentary instruments.
Sec. 575. Sense of Congress on the court-martial conviction of Captain 
              Charles Butler McVay, Commander of the U.S.S. 
              Indianapolis, and on the courageous service of its crew.
Sec. 576. Senior officers in command in Hawaii on December 7, 1941.
Sec. 577. Verbatim records in special courts-martial.
Sec. 578. Management and per diem requirements for members subject to 
              lengthy or numerous deployments.
Sec. 579. Extension of TRICARE managed care support contracts.
Sec. 580. Preparation, participation, and conduct of athletic 
              competitions and small arms competitions by the National 
              Guard and members of the National Guard.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2001.
Sec. 602. Corrections for basic pay tables.
Sec. 603. Pay in lieu of allowance for funeral honors duty.
Sec. 604. Clarification of service excluded in computation of 
              creditable service as a Marine Corps officer.
Sec. 605. Calculation of basic allowance for housing.
Sec. 606. Eligibility of members in grade E-4 to receive basic 
              allowance for housing while on sea duty.
Sec. 607. Personal money allowance for the senior enlisted members of 
              the Armed Forces.
Sec. 608. Increased uniform allowances for officers.
Sec. 609. Cabinet-level authority to prescribe requirements and 
              allowance for clothing of enlisted members.
Sec. 610. Special subsistence allowance for members eligible to receive 
              food stamp assistance.
Sec. 610A. Restructuring of basic pay tables for certain enlisted 
              members.
Sec. 610B. Basic allowance for housing.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonuses and special pay authorities for 
              reserve forces.
Sec. 612. Extension of certain bonuses and special pay authorities for 
              nurse officer candidates, registered nurses, and nurse 
              anesthetists.
Sec. 613. Extension of authorities relating to payment of other bonuses 
              and special pays.
Sec. 614. Consistency of authorities for special pay for reserve 
              medical and dental officers.
Sec. 615. Special pay for physician assistants of the Coast Guard.
Sec. 616. Authorization of special pay and accession bonus for pharmacy 
              officers.
Sec. 617. Correction of references to Air Force veterinarians.
Sec. 618. Entitlement of active duty officers of the Public Health 
              Service Corps to special pays and bonuses of health 
              professional officers of the Armed Forces.
Sec. 619. Career sea pay.
Sec. 620. Increased maximum rate of special duty assignment pay.
Sec. 621. Expansion of applicability of authority for critical skills 
              enlistment bonus to include all Armed Forces.
Sec. 622. Entitlement of members of the National Guard and other 
              reserves not on active duty to receive special duty 
              assignment pay.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Advance payments for temporary lodging of members and 
              dependents.
Sec. 632. Incentive for shipping and storing household goods in less 
              than average weights.
Sec. 633. Expansion of funded student travel.
Sec. 634. Benefits for members not transporting personal motor vehicles 
              overseas.

                    Subtitle D--Retirement Benefits

Sec. 641. Exception to high-36 month retired pay computation for 
              members retired following a disciplinary reduction in 
              grade.
Sec. 642. Automatic participation in reserve component Survivor Benefit 
              Plan unless declined with spouse's consent.
Sec. 643. Participation in Thrift Savings Plan.
Sec. 644. Retirement from active reserve service after regular 
              retirement.
Sec. 645. Same treatment for Federal judges as for other Federal 
              officials regarding payment of military retired pay.
Sec. 646. Policy on increasing minimum survivor benefit plan basic 
              annuities for surviving spouses age 62 or older.
Sec. 647. Survivor benefit plan annuities for survivors of all members 
              who die on active duty.
Sec. 648. Family coverage under servicemembers' group life insurance.
Sec. 649. Fees paid by residents of the Armed Forces Retirement Home.
Sec. 650. Computation of survivor benefits.
Sec. 651. Equitable application of early retirement eligibility 
              requirements to military reserve technicians.
Sec. 652. Concurrent payment to surviving spouses of disability and 
              indemnity compensation and annuities under Survivor 
              Benefit Plan.

                       Subtitle E--Other Matters

Sec. 661. Reimbursement of recruiting and ROTC personnel for parking 
              expenses.
Sec. 662. Extension of deadline for filing claims associated with 
              capture and internment of certain persons by North 
              Vietnam.
Sec. 663. Settlement of claims for payments for unused accrued leave 
              and for retired pay.
Sec. 664. Eligibility of certain members of the Individual Ready 
              Reserve for Servicemembers' Group Life Insurance.
Sec. 665. Authority to pay gratuity to certain veterans of Bataan and 
              Corregidor.
Sec. 666. Concurrent payment of retired pay and compensation for 
              retired members with service-connected disabilities.
Sec. 667. Travel by reserves on military aircraft to and from locations 
              outside the continental United States for inactive-duty 
              training.
Sec. 668. Additional benefits and protections for personnel incurring 
              injury, illness, or disease in the performance of funeral 
              honors duty.
Sec. 669. Determinations of income eligibility for special supplemental 
              food program.
Sec. 670. Modification of time for use by certain members of the 
              Selected Reserve of entitlement to educational 
              assistance.
Sec. 671. Recognition of members of the Alaska Territorial Guard as 
              veterans.
Sec. 672. Clarification of Department of Veterans Affairs duty to 
              assist.
Sec. 673. Back pay for members of the Navy and Marine Corps approved 
              for promotion while interned as prisoners of war during 
              World War II.

                     Subtitle F--Education Benefits

Sec. 681. Short title.
Sec. 682. Transfer of entitlement to educational assistance by certain 
              members of the Armed Forces.
Sec. 683. Participation of additional members of the Armed Forces in 
              Montgomery GI Bill program.
Sec. 684. Modification of authority to pay tuition for off-duty 
              training and education.
Sec. 685. Modification of time for use by certain members of Selected 
              Reserve of entitlement to certain educational assistance.

   Subtitle G--Additional Benefits For Reserves and Their Dependents

Sec. 691. Sense of Congress.
Sec. 692. Travel by Reserves on military aircraft.
Sec. 693. Billeting services for Reserve members traveling for inactive 
              duty training.
Sec. 694. Increase in maximum number of reserve retirement points that 
              may be credited in any year.
Sec. 695. Authority for provision of legal services to reserve 
              component members following release from active duty.

                         TITLE VII--HEALTH CARE

                     Subtitle A--Senior Health Care

Sec. 701. Conditions for eligibility for CHAMPUS upon the attainment of 
              65 years of age.

                      Subtitle B--TRICARE Program

Sec. 711. Additional beneficiaries under TRICARE Prime Remote program 
              in CONUS.
Sec. 712. Elimination of copayments for immediate family.
Sec. 713. Improvement in business practices in the administration of 
              the TRICARE program.
Sec. 714. Improvement of access to health care under the TRICARE 
              program.
Sec. 715. Enhancement of access to TRICARE in rural States.

   Subtitle C--Joint Initiatives With Department of Veterans Affairs

Sec. 721. Tracking patient safety in military and veterans health care 
              systems.
Sec. 722. Pharmaceutical identification technology.
Sec. 723. Medical informatics.

                       Subtitle D--Other Matters

Sec. 731. Permanent authority for certain pharmaceutical benefits.

[[Page 14489]]

Sec. 732. Provision of domiciliary and custodial care for CHAMPUS 
              beneficiaries.
Sec. 733. Medical and dental care for Medal of Honor recipients and 
              their dependents.
Sec. 734. School-required physical examinations for certain minor 
              dependents.
Sec. 735. Two-year extension of dental and medical benefits for 
              surviving dependents of certain deceased members.
Sec. 736. Extension of authority for contracts for medical services at 
              locations outside medical treatment facilities.
Sec. 737. Transition of chiropractic health care demonstration program 
              to permanent status.
Sec. 738. Use of information technology for enhancement of delivery of 
              administrative services under the Defense Health Program.
Sec. 739. Patient care reporting and management system.
Sec. 740. Health care management demonstration program.
Sec. 741. Studies of accrual financing for health care for military 
              retirees.
Sec. 742. Augmentation of Army Medical Department by reserve officers 
              of the Public Health Service.
Sec. 743. Service areas of transferees of former uniformed services 
              treatment facilities that are included in the uniformed 
              services health care delivery system.
Sec. 744. Blue ribbon advisory panel on Department of Defense policies 
              regarding the privacy of individual medical records.

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

Sec. 801. Improvements in procurements of services.
Sec. 802. Addition of threshold value requirement for applicability of 
              a reporting requirement relating to multiyear contract.
Sec. 803. Planning for the acquisition of information systems.
Sec. 804. Tracking of information technology purchases.
Sec. 805. Repeal of requirement for contractor assurances regarding the 
              completeness, accuracy, and contractual sufficiency of 
              technical data provided by the contractor.
Sec. 806. Extension of authority for Department of Defense acquisition 
              pilot programs.
Sec. 807. Clarification and extension of authority to carry out certain 
              prototype projects.
Sec. 808. Clarification of authority of Comptroller General to review 
              records of participants in certain prototype projects.
Sec. 809. Eligibility of small business concerns owned and controlled 
              by women for assistance under the Mentor-Protege Program.
Sec. 810. Navy-Marine Corps intranet acquisition.
Sec. 811. Qualifications required for employment and assignment in 
              contracting positions.
Sec. 812. Defense acquisition and support workforce.
Sec. 813. Financial analysis of use of dual rates for quantifying 
              overhead costs at Army industrial facilities.
Sec. 814. Revision of the organization and authority of the Cost 
              Accounting Standards Board.
Sec. 815. Revision of authority for solutions-based contracting pilot 
              program.
Sec. 816. Appropriate use of personnel experience and educational 
              requirements in the procurement of information technology 
              services.
Sec. 817. Study of Office of Management and Budget Circular A-76 
              process.
Sec. 818. Procurement notice through electronic access to contracting 
              opportunities.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 901. Repeal of limitation on major Department of Defense 
              headquarters activities personnel.
Sec. 902. Overall supervision of Department of Defense activities for 
              combating terrorism.
Sec. 903. National Defense Panel 2001.
Sec. 904. Quadrennial National Defense Panel.
Sec. 905. Inspector General investigations of prohibited personnel 
              actions.
Sec. 906. Network centric warfare.
Sec. 907. Additional duties for the Commission To Assess United States 
              National Security Space Management and Organization.
Sec. 908. Special authority for administration of Navy Fisher Houses.
Sec. 909. Organization and management of the Civil Air Patrol.
Sec. 910. Responsibility for the National Guard Challenge Program.
Sec. 911. Supervisory control of Armed Forces Retirement Home Board by 
              Secretary of Defense.
Sec. 912. Consolidation of certain Navy gift funds.
Sec. 913. Temporary authority to dispose of a gift previously accepted 
              for the Naval Academy.
Sec. 914. Management of Navy research funds by Chief of Naval Research.
Sec. 915. United States Air Force Institute of Technology.
Sec. 916. Expansion of authority to exempt geodetic products of the 
              Department of Defense from public disclosure.
Sec. 917. Coordination and facilitation of development of directed 
              energy technologies, systems, and weapons.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for 
              fiscal year 2000.
Sec. 1003. United States contribution to NATO common-funded budgets in 
              fiscal year 2001.
Sec. 1004. Annual OMB/CBO joint report on scoring of budget outlays.
Sec. 1005. Prompt payment of contract vouchers.
Sec. 1006. Repeal of certain requirements relating to timing of 
              contract payments.
Sec. 1007. Plan for prompt posting of contractual obligations.
Sec. 1008. Plan for electronic submission of documentation supporting 
              claims for contract payments.
Sec. 1009. Administrative offsets for overpayment of transportation 
              costs.
Sec. 1010. Repeal of certain provisions shifting certain outlays from 
              one fiscal year to another.
Sec. 1010A. Treatment of partial payments under service contracts.

                  Subtitle B--Counter-Drug Activities

Sec. 1011. Extension and increase of authority to provide additional 
              support for counter-drug activities.
Sec. 1012. Recommendations on expansion of support for counter-drug 
              activities.
Sec. 1013. Review of riverine counter-drug program.

                      Subtitle C--Strategic Forces

Sec. 1015. Revised nuclear posture review.
Sec. 1016. Plan for the long-term sustainment and modernization of 
              United States strategic nuclear forces.
Sec. 1017. Correction of scope of waiver authority for limitation on 
              retirement or dismantlement of strategic nuclear delivery 
              systems; authority to waive limitation.
Sec. 1018. Report on the defeat of hardened and deeply buried targets.
Sec. 1019. Sense of Senate on the maintenance of the strategic nuclear 
              TRIAD.

            Subtitle D--Miscellaneous Reporting Requirements

Sec. 1021. Annual report of the Chairman of the Joint Chiefs of Staff 
              on combatant command requirements.
Sec. 1022. Semiannual report on Joint Requirements Oversight Council.
Sec. 1023. Preparedness of military installation first responders for 
              incidents involving weapons of mass destruction.
Sec. 1024. Date of submittal of reports on shortfalls in equipment 
              procurement and military construction for the reserve 
              components in future-years defense programs.
Sec. 1025. Management review of Defense Logistics Agency.
Sec. 1026. Management review of Defense Information Systems Agency.
Sec. 1027. Report on spare parts and repair parts program of the Air 
              Force for the C-5 aircraft.
Sec. 1028. Report on the status of domestic preparedness against the 
              threat of biological terrorism.
Sec. 1029. Report on global missile launch early warning center.
Sec. 1030. Management review of working-capital fund activities.
Sec. 1031. Report on submarine rescue support vessels.
Sec. 1032. Reports on Federal Government progress in developing 
              information assurance strategies.

                    Subtitle E--Information Security

Sec. 1041. Institute for Defense Computer Security and Information 
              Protection.
Sec. 1042. Information security scholarship program.
Sec. 1043. Process for prioritizing background investigations for 
              security clearances for Department of Defense personnel.
Sec. 1044. Authority to withhold certain sensitive information from 
              public disclosure.
Sec. 1045. Protection of operational files of the Defense Intelligence 
              Agency.

                       Subtitle F--Other Matters

Sec. 1051. Commemoration of the fiftieth anniversary of the Uniform 
              Code of Military Justice.
Sec. 1052. Technical corrections.
Sec. 1053. Eligibility of dependents of American Red Cross employees 
              for enrollment in Department of Defense domestic 
              dependent schools in Puerto Rico.
Sec. 1054. Grants to American Red Cross for Armed Forces emergency 
              services.
Sec. 1055. Transit pass program for certain Department of Defense 
              personnel.

[[Page 14490]]

Sec. 1056. Fees for providing historical information to the public.
Sec. 1057. Access to criminal history record information for national 
              security purposes.
Sec. 1058. Sense of Congress on the naming of the CVN-77 aircraft 
              carrier.
Sec. 1059. Donation of Civil War cannon.
Sec. 1060. Maximum size of parcel post packages transported overseas 
              for Armed Forces post offices.
Sec. 1061. Aerospace industry Blue Ribbon Commission.
Sec. 1062. Report to Congress regarding extent and severity of child 
              poverty.
Sec. 1063. Improving property management.
Sec. 1064. Sense of the Senate regarding tax treatment of members 
              receiving special pay.
Sec. 1065. Department of Defense process for decisionmaking in cases of 
              false claims.
Sec. 1066. Sense of the Senate concerning long-term economic 
              development aid for communities rebuilding from Hurricane 
              Floyd.
Sec. 1067. Authority to provide headstones or markers for marked graves 
              or otherwise commemorate certain individuals.
Sec. 1068. Comprehensive study and support for criminal investigations 
              and prosecutions by State and local law enforcement 
              officials.
Sec. 1069. Student loan repayment programs.
Sec. 1070. Sense of the Senate on the modernization of Air National 
              Guard F-16A units.
Sec. 1071. Two-year extension of authority to engage in commercial 
              activities as security for intelligence collection 
              activities.
Sec. 1072. Firefighter investment and response enhancement.
Sec. 1073. Breast cancer stamp extension.
Sec. 1074. Personnel security policies.
Sec. 1075. Additional matters for annual report on transfers of 
              militarily sensitive technology to countries and entities 
              of concern.
Sec. 1076. National security implications of United States-China trade 
              relationship.
Sec. 1077. Secrecy policies and worker health.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

Sec. 1101. Computer/electronic accommodations program.
Sec. 1102. Additional special pay for foreign language proficiency 
              beneficial for United States national security interests.
Sec. 1103. Increased number of positions authorized for the Defense 
              Intelligence Senior Executive Service.
Sec. 1104. Extension of authority for tuition reimbursement and 
              training for civilian employees in the defense 
              acquisition workforce.
Sec. 1105. Work safety demonstration program.
Sec. 1106. Employment and compensation of employees for temporary 
              organizations established by law or Executive order.
Sec. 1107. Extension of authority for voluntary separations in 
              reductions in force.
Sec. 1108. Electronic maintenance of performance appraisal systems.
Sec. 1109. Approval authority for cash awards in excess of $10,000.
Sec. 1110. Leave for crews of certain vessels.
Sec. 1111. Life insurance for emergency essential Department of Defense 
              employees.
Sec. 1112. Civilian personnel services public-private competition pilot 
              program.
Sec. 1113. Extension, expansion, and revision of authority for 
              experimental personnel program for scientific and 
              technical personnel.
Sec. 1114. Clarification of personnel management authority under a 
              personnel demonstration project.
Sec. 1115. Extension of authority for voluntary separations in 
              reductions in force.
Sec. 1116. Extension, revision, and expansion of authorities for use of 
              voluntary separation incentive pay and voluntary early 
              retirement.
Sec. 1117. Department of Defense employee voluntary early retirement 
              authority.
Sec. 1118. Restrictions on payments for academic training.
Sec. 1119. Strategic plan.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Authority to transfer naval vessels to certain foreign 
              countries.
Sec. 1202. Support of United Nations-sponsored efforts to inspect and 
              monitor Iraqi weapons activities.
Sec. 1203. Repeal of restriction preventing cooperative airlift support 
              through acquisition and cross-servicing agreements.
Sec. 1204. Western Hemisphere Institute for Professional Education and 
              Training.
Sec. 1205. Biannual report on Kosovo peacekeeping.
Sec. 1206. Mutual assistance for monitoring test explosions of nuclear 
              devices.
Sec. 1207. Annual report on activities and assistance under Cooperative 
              Threat Reduction programs.
Sec. 1208. Limitation on use of funds for construction of a Russian 
              facility for the destruction of chemical weapons.
Sec. 1209. Limitation on use of funds for Elimination of Weapons Grade 
              Plutonium Program.
Sec. 1210. Sense of Congress regarding the use of children as soldiers.
Sec. 1211. Support of consultations on Arab and Israeli arms control 
              and regional security issues.
Sec. 1212. Authority to consent to retransfer of alternative former 
              naval vessel by Government of Greece.
Sec. 1213. United States-Russian Federation joint data exchange center 
              on early warning systems and notification of missile 
              launches.
Sec. 1214. Adjustment of composite theoretical performance levels of 
              high performance computers.

   TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

Sec. 1301. Assistance for economic growth on Vieques.
Sec. 1302. Requirement for referendum on continuation of Navy training.
Sec. 1303. Actions if training is approved.
Sec. 1304. Requirements if training is not approved or mandate for 
              referendum is vitiated.
Sec. 1305. Exempt property.
Sec. 1306. Moratorium on improvements at Fort Buchanan.
Sec. 1307. Property transferred to Secretary of the Interior.
Sec. 1308. Live Impact Area.

           TITLE XIV--GOVERNMENT INFORMATION SECURITY REFORM

Sec. 1401. Short title.
Sec. 1402. Coordination of Federal information policy.
Sec. 1403. Responsibilities of certain agencies.
Sec. 1404. Technical and conforming amendments.
Sec. 1405. Effective date.

        TITLE XV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2000

Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Definition of hate crime.
Sec. 1504. Support for criminal investigations and prosecutions by 
              State and local law enforcement officials.
Sec. 1505. Grant program.
Sec. 1506. Authorization for additional personnel to assist State and 
              local law enforcement.
Sec. 1507. Prohibition of certain hate crime acts.
Sec. 1508. Duties of Federal Sentencing Commission.
Sec. 1509. Statistics.
Sec. 1510. Severability.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2000 projects.
Sec. 2106. Modification of authority to carry out certain fiscal year 
              1999 projects.
Sec. 2107. Modification of authority to carry out fiscal year 1998 
              project.
Sec. 2108. Authority to accept funds for realignment of certain 
              military construction project, Fort Campbell, Kentucky.

                            TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Correction in authorized use of funds, Marine Corps Combat 
              Development Command, Quantico, Virginia.

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Modification of authority to carry out certain fiscal year 
              1990 project.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

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

[[Page 14491]]

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.
Sec. 2602. Authorization for contribution to construction of airport 
              tower, Cheyenne Airport, Cheyenne, Wyoming.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Joint use military construction projects.
Sec. 2802. Exclusion of certain costs from determination of 
              applicability of limitation on use of funds for 
              improvement of family housing.
Sec. 2803. Replacement of limitations on space by pay grade of military 
              family housing with requirement for local comparability 
              of military family housing.
Sec. 2804. Modification of lease authority for high-cost military 
              family housing.
Sec. 2805. Applicability of competition policy to alternative authority 
              for acquisition and improvement of military housing.
Sec. 2806. Provision of utilities and services under alternative 
              authority for acquisition and improvement of military 
              housing.
Sec. 2807. Extension of alternative authority for acquisition and 
              improvement of military housing.
Sec. 2808. Inclusion of readiness center in definition of armory for 
              purposes of construction of reserve component facilities.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Increase in threshold for reports to Congress on real 
              property transactions.
Sec. 2812. Enhancements of military lease authority.
Sec. 2813. Expansion of procedures for selection of conveyees under 
              authority to convey utility systems.

            Subtitle C--Defense Base Closure and Realignment

Sec. 2821. Scope of agreements to transfer property to redevelopment 
              authorities without consideration under the base closure 
              laws.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

Sec. 2831. Land conveyance, Charles Melvin Price Support Center, 
              Illinois.
Sec. 2832. Land conveyance, Lieutenant General Malcolm Hay Army Reserve 
              Center, Pittsburgh, Pennsylvania.
Sec. 2833. Land conveyance, Colonel Harold E. Steele Army Reserve 
              Center and Maintenance Shop, Pittsburgh, Pennsylvania.
Sec. 2834. Land conveyance, Fort Lawton, Washington.
Sec. 2835. Land conveyance, Vancouver Barracks, Washington.
Sec. 2836. Land conveyance, Fort Riley, Kansas.
Sec. 2837. Land conveyance, Army Reserve Center, Winona, Minnesota.

                       Part II--Navy Conveyances

Sec. 2851. Modification of land conveyance, Marine Corps Air Station, 
              El Toro, California.
Sec. 2852. Modification of land conveyance, Defense Fuel Supply Point, 
              Casco Bay, Maine.
Sec. 2853. Modification of land conveyance authority, former Naval 
              Training Center, Bainbridge, Cecil County, Maryland.
Sec. 2854. Land conveyance, Naval Computer and Telecommunications 
              Station, Cutler, Maine.
Sec. 2855. Modification of authority for Oxnard Harbor District, Port 
              Hueneme, California, to use certain Navy property.
Sec. 2856. Regarding land conveyance, Marine Corps Base, Camp Lejeune, 
              North Carolina.

                    Part III--Air Force Conveyances

Sec. 2861. Modification of land conveyance, Ellsworth Air Force Base, 
              South Dakota.
Sec. 2862. Land conveyance, Los Angeles Air Force Base, California.
Sec. 2863. Land conveyance, Mukilteo Tank Farm, Everett, Washington.

                 Part IV--Defense Agencies Conveyances

Sec. 2871. Land conveyance, Army and Air Force Exchange Service 
              property, Farmers Branch, Texas.

                       Part V--Other Conveyances

Sec. 2881. Land conveyance, former National Ground Intelligence Center, 
              Charlottesville, Virginia.

                       Subtitle E--Other Matters

Sec. 2891. Naming of Army missile testing range at Kwajalein Atoll as 
              the Ronald Reagan Ballistic Missile Defense Test Site at 
              Kwajalein Atoll.
Sec. 2892. Acceptance and use of gifts for construction of third 
              building at United States Air Force Museum, Wright-
              Patterson Air Force Base, Ohio.
Sec. 2893. Development of Marine Corps Heritage Center at Marine Corps 
              Base, Quantico, Virginia.
Sec. 2894. Activities relating to the greenbelt at Fallon Naval Air 
              Station, Nevada.
Sec. 2895. Sense of Congress regarding land transfers at Melrose Range, 
              New Mexico, and Yakima Training Center, Washington.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental restoration and waste management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Energy employees compensation initiative.
Sec. 3106. Defense nuclear waste disposal.

                Subtitle B--Recurring General Provisions

Sec. 3121. Reprogramming.
Sec. 3122. Limits on general plant projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction 
              activities.
Sec. 3127. Funds available for all national security programs of the 
              Department of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.

          Subtitle C--National Nuclear Security Administration

Sec. 3131. Term of office of person first appointed as Under Secretary 
              for Nuclear Security of the Department of Energy.
Sec. 3132. Membership of Under Secretary for Nuclear Security on the 
              Joint Nuclear Weapons Council.
Sec. 3133. Scope of authority of Secretary of Energy to modify 
              organization of National Nuclear Security Administration.
Sec. 3134. Prohibition on pay of personnel engaged in concurrent 
              service or duties inside and outside National Nuclear 
              Security Administration.
Sec. 3135. Organization plan for field offices of the National Nuclear 
              Security Administration.
Sec. 3136. Future-years nuclear security program.
Sec. 3137. Cooperative research and development of the National Nuclear 
              Security Administration.
Sec. 3138. Construction of National Nuclear Security Administration 
              operations office complex.

   Subtitle D--Program Authorizations, Restrictions, and Limitations

Sec. 3151. Processing, treatment, and disposition of legacy nuclear 
              materials.
Sec. 3152. Formerly Utilized Sites Remedial Action Program.
Sec. 3153. Department of Energy defense nuclear nonproliferation 
              programs.
Sec. 3154. Modification of counterintelligence polygraph program.
Sec. 3155. Employee incentives for employees at closure project 
              facilities.
Sec. 3156. Conceptual design for Subsurface Geosciences Laboratory at 
              Idaho National Engineering and Environmental Laboratory, 
              Idaho Falls, Idaho.
Sec. 3157. Tank Waste Remediation System, Hanford Reservation, 
              Richland, Washington.
Sec. 3158. Report on national ignition facility, Lawrence Livermore 
              National Laboratory, Livermore, California.

     Subtitle E--National Laboratories Partnership Improvement Act

Sec. 3161. Short title.
Sec. 3162. Definitions.
Sec. 3163. Technology Infrastructure Pilot Program.
Sec. 3164. Small business advocacy and assistance.
Sec. 3165. Technology partnerships ombudsman.
Sec. 3166. Studies related to improving mission effectiveness, 
              partnerships, and technology transfer at National 
              Laboratories.
Sec. 3167. Other transactions authority.
Sec. 3168. Conformance with NNSA organizational structure.
Sec. 3169. Arctic energy.

[[Page 14492]]

                       Subtitle F--Other Matters

Sec. 3171. Extension of authority for appointment of certain 
              scientific, engineering, and technical personnel.
Sec. 3172. Updates of report on nuclear test readiness postures.
Sec. 3173. Frequency of reports on inadvertent releases of Restricted 
              Data and Formerly Restricted Data.
Sec. 3174. Form of certifications regarding the safety or reliability 
              of the nuclear weapons stockpile.
Sec. 3175. Engineering and manufacturing research, development, and 
              demonstration by plant managers of certain nuclear 
              weapons production plants.
Sec. 3176. Cooperative research and development agreements for 
              Government-owned, contractor-operated laboratories.
Sec. 3177. Commendation of Department of Energy and contractor 
              employees for exemplary service in stockpile stewardship 
              and security.
Sec. 3178. Adjustment of threshold requirement for submission of 
              reports on advanced computer sales to Tier III foreign 
              countries.

             Subtitle G--Russian Nuclear Complex Conversion

Sec. 3191. Short title.
Sec. 3192. Findings.
Sec. 3193. Expansion and enhancement of Nuclear Cities Initiative.
Sec. 3194. Sense of Congress on the establishment of a National 
              Coordinator for Nonproliferation Matters.
Sec. 3195. Definitions.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Defense Nuclear Facilities Safety Board.

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

Sec. 3301. Minimum price of petroleum sold from the naval petroleum 
              reserves.
Sec. 3302. Repeal of authority to contract for cooperative or unit 
              plans affecting Naval Petroleum Reserve Numbered 1.
Sec. 3303. Land transfer and restoration.

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

Sec. 3401. Authorized uses of stockpile funds.
Sec. 3402. Increased receipts under prior disposal authority.
Sec. 3403. Disposal of titanium.

     TITLE XXXV--ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

Sec. 3501. Short title.
Sec. 3502. Construction with other laws.
Sec. 3503. Definitions.
Sec. 3504. Expansion of list of beryllium vendors and means of 
              establishing covered beryllium illnesses.

      Subtitle A--Beryllium, Silicosis, and Radiation Compensation

Sec. 3511. Exposure to hazards in the performance of duty.
Sec. 3512. Advisory board on radiation and worker health.
Sec. 3513. Designation of additional members of the Special Exposure 
              Cohort.
Sec. 3514. Authority to provide compensation and other assistance.
Sec. 3515. Alternative compensation.
Sec. 3516. Submittal of claims.
Sec. 3517. Adjudication and administration.

             Subtitle B--Exposure to Other Toxic Substances

Sec. 3521. Definitions.
Sec. 3522. Agreements with States.

                     Subtitle C--General Provisions

Sec. 3531. Treatment of compensation and benefits.
Sec. 3532. Forfeiture of benefits by convicted felons.
Sec. 3533. Limitation on right to receive benefits.
Sec. 3534. Coordination of benefits--State workers' compensation.
Sec. 3535. Coordination of benefits--Federal workers' compensation.
Sec. 3536. Receipt of benefits--other statutes.
Sec. 3537. Dual compensation--Federal employees.
Sec. 3538. Dual compensation--other employees.
Sec. 3539. Exclusivity of remedy against the United States, 
              contractors, and subcontractors.
Sec. 3540 Election of remedy against beryllium vendors and atomic 
              weapons employers.
Sec. 3541. Subrogation of the United States.
Sec. 3542. Energy Employees' Occupational Illness Compensation Fund.
Sec. 3543. Effective date.
Sec. 3544. Technical and conforming amendments.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for procurement for the Army as follows:
       (1) For aircraft, $1,749,662,000.
       (2) For missiles, $1,382,328,000.
       (3) For weapons and tracked combat vehicles, 
     $2,115,138,000.
       (4) For ammunition, $1,224,323,000.
       (5) For other procurement, $4,039,670,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2001 for procurement for the Navy as follows:
       (1) For aircraft, $8,685,958,000.
       (2) For weapons, including missiles and torpedoes, 
     $1,539,950,000.
       (3) For shipbuilding and conversion, $12,900,076,000.
       (4) For other procurement, $3,378,311,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2001 for procurement for the 
     Marine Corps in the amount of $1,191,035,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2001 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $500,749,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for procurement for the Air Force as follows:
       (1) For aircraft, $9,968,371,000.
       (2) For ammunition, $666,808,000.
       (3) For missiles, $3,005,915,000.
       (4) For other procurement, $7,724,527,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for Defense-wide procurement in the amount of 
     $2,203,508,000.

     SEC. 105. DEFENSE INSPECTOR GENERAL.

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

     SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

       There is hereby authorized to be appropriated for fiscal 
     year 2001 the amount of $1,003,500,000 for--
       (1) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (2) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.

     SEC. 107. DEFENSE HEALTH PROGRAMS.

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

                       Subtitle B--Army Programs

     SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN 
                   PROGRAMS.

       (a) Authority.--Beginning with the fiscal year 2001 program 
     year, the Secretary of the Army may, in accordance with 
     section 2306b of title 10, United States Code, enter into 
     multiyear contracts for procurement of the following:
       (1) M2A3 Bradley fighting vehicles.
       (2) UH-60L Blackhawk helicopters.
       (3) CH-60S Seahawk helicopters.
       (b) Limitation for Bradley Fighting Vehicles.--The period 
     for a multiyear contract entered into under subsection (a)(1) 
     may not exceed the three consecutive program years beginning 
     with the fiscal year 2001 program year.
       (c) Repeal of Superseded Authority.--Section 111 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 531) is amended by striking 
     paragraph (2).

     SEC. 112. REPORTS AND LIMITATIONS RELATING TO ARMY 
                   TRANSFORMATION.

       (a) Report on Objective Force Development Process.--The 
     Secretary of the Army shall submit to the congressional 
     defense committees a report on the process for developing the 
     objective force in the transformation of the Army. The report 
     shall include the following:
       (1) The operational environments envisioned for the 
     objective force.
       (2) The threat assumptions on which research and 
     development efforts for transformation of the Army into the 
     objective force are based.
       (3) The potential operational and organizational concepts 
     for the objective force.
       (4) The key performance parameters anticipated for the 
     objective force and the operational requirements anticipated 
     for the operational requirements document of the objective 
     force.
       (5) The schedule of Army transformation activities through 
     fiscal year 2012, together with--
       (A) the projected funding requirements through that fiscal 
     year for the research and development activities and the 
     procurement activities;
       (B) the specific adjustments that are made for Army 
     programs in the future-years defense program and in the 
     extended planning program in order to program the funding 
     necessary to meet the funding requirements for Army 
     transformation; and
       (C) a summary of the anticipated investments of the Defense 
     Advanced Research Projects Agency in programs designed to 
     lead to the fielding of future combat systems for the 
     objective force.
       (6) The joint warfighting requirements that will be 
     supported by the fielding of the objective force, together 
     with a description of the adjustments that are planned to be 
     made in the war plans of the commanders of the regional 
     unified combatant commands in relation to the fielding of the 
     objective force.

[[Page 14493]]

       (7) The changes in lift requirements that result from the 
     establishment and fielding of the combat brigades of the 
     objective force.
       (8) The evaluation process that will be used to support 
     decisionmaking on the course of the Army transformation, 
     including a description of the operational evaluations and 
     experimentation that will be used to validate the key 
     performance parameters associated with the objective force 
     and the operational requirements for the operational 
     requirements document of the objective force.
       (b) Reports on Medium Armored Combat Vehicles for the 
     Interim Brigade Combat Teams.--(1) The Secretary of the Army 
     shall develop and carry out a plan for comparing--
       (A) the costs and operational effectiveness of the medium 
     armored combat vehicles selected for the infantry battalions 
     of the interim brigade combat teams; and
       (B) the costs and operational effectiveness of the medium 
     armored vehicles currently in the Army inventory for the use 
     of infantry battalions.
       (2) The plan shall provide for the costs and operational 
     effectiveness of the two sets of vehicles to be determined on 
     the basis of the results of an operational analysis that 
     involves the participation of at least one infantry battalion 
     that is fielded with medium armored vehicles currently in the 
     Army inventory and is similar in organization to the infantry 
     battalions of the interim brigade combat teams.
       (3) The Director of Operational Test and Evaluation of the 
     Department of Defense shall review the plan developed under 
     paragraph (1) and submit the Director's comments on the plan 
     to the Secretary of the Army.
       (4) Not later than February 1, 2001, the Secretary of the 
     Army shall submit to the congressional defense committees a 
     report on the plan developed under paragraph (1). The report 
     shall include the following:
       (A) The plan.
       (B) The comments of the Director of Operational Test and 
     Evaluation on the plan.
       (C) A discussion of how the results of the operational 
     analysis are to be used to guide future decisions on the 
     acquisition of medium armored combat vehicles for additional 
     interim brigade combat teams.
       (D) The specific adjustments that are made for Army 
     programs in the future-years defense program and in the 
     extended planning program in order to program the funding 
     necessary for fielding the interim brigade combat teams.
       (5)(A) Not later than March 1, 2002, the Secretary of the 
     Army shall submit to the congressional defense committees a 
     report on the results of the comparison of costs and 
     operational effectiveness of the two sets of medium armored 
     combat vehicles under paragraph (1).
       (B) The report under subparagraph (A) shall include a 
     certification by the Secretary of Defense regarding whether 
     the results of the comparison would support the continuation 
     in fiscal year 2003 and beyond of the acquisition of the 
     additional medium armored combat vehicles proposed to be used 
     for equipping the interim brigade combat teams.
       (c) Limitations.--(1) Not more than 60 percent of the 
     amount appropriated for the procurement of armored vehicles 
     in the family of new medium armored vehicles pursuant to the 
     authorization of appropriations in section 101(3) may be 
     obligated until the date that is 30 days after the date on 
     which the Secretary of the Army submits the report required 
     under subsection (b)(4) to the congressional defense 
     committees.
       (2) Not more than 60 percent of the funds appropriated for 
     the Army for fiscal year 2002 for the procurement of armored 
     vehicles in the family of new medium armored combat vehicles 
     may be obligated until the date that is 30 days after the 
     date on which the Secretary of the Army submits the report 
     required under subsection (b)(5) to the congressional defense 
     committees.
       (d) Definitions.--In this section:
       (1) The term ``transformation'', with respect to the Army, 
     means the actions being undertaken to transform the Army, as 
     it is constituted in terms of organization, equipment, and 
     doctrine in 2000, into the objective force.
       (2) The term ``objective force'' means the Army that has 
     the organizational structure, the most advanced equipment 
     that early twenty-first century science and technology can 
     provide, and the appropriate doctrine to ensure that the Army 
     is responsive, deployable, agile, versatile, lethal, 
     survivable, and sustainable for the full spectrum of the 
     operations anticipated to be required of the Army during the 
     early years of the twenty-first century following 2010.
       (3) The term ``interim brigade combat team'' means an Army 
     brigade that is designated by the Secretary of the Army as a 
     brigade combat team and is reorganized and equipped with 
     currently available equipment in a configuration that 
     effectuates an evolutionary advancement toward transformation 
     of the Army to the objective force.

     SEC. 113. RAPID INTRAVENOUS INFUSION PUMPS.

       Of the amount authorized to be appropriated under section 
     101(5)--
       (1) $6,000,000 shall be available for the procurement of 
     rapid intravenous infusion pumps; and
       (2) the amount provided for the family of medium tactical 
     vehicles is hereby reduced by $6,000,000.

                       Subtitle C--Navy Programs

     SEC. 121. CVNX-1 NUCLEAR AIRCRAFT CARRIER PROGRAM.

       (a) Authorization of Ship.--The Secretary of the Navy is 
     authorized to procure the aircraft carrier to be designated 
     CVNX-1.
       (b) Advance Procurement and Construction.--The Secretary 
     may enter into one or more contracts for the advance 
     procurement and advance construction of components for the 
     ship authorized under subsection (a).
       (c) Amount Authorized From SCN Account.--Of the amounts 
     authorized to be appropriated under section 102(a)(3) for 
     fiscal year 2001, $21,869,000 is available for the advance 
     procurement and advance construction of components (including 
     nuclear components) for the CVNX-1 aircraft carrier program.

     SEC. 122. ARLEIGH BURKE CLASS DESTROYER PROGRAM.

       (a) Economical Multiyear Procurement of Previously 
     Authorized Vessels and One Additional Vessel.--(1) Subsection 
     (b) of section 122 of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2446), as 
     amended by section 122(a) of Public Law 106-65 (113 Stat. 
     535), is further amended by striking ``a total of 18 Arleigh 
     Burke class destroyers'' in the first sentence and all that 
     follows through the period at the end of that sentence and 
     inserting ``Arleigh Burke class destroyers in accordance with 
     this subsection and subsection (a)(4) at procurement rates 
     not in excess of 3 ships in each of the fiscal years 
     beginning after September 30, 1998, and before October 1, 
     2005. The authority under the preceding sentence is subject 
     to the availability of appropriations for such destroyers.''.
       (2) The heading for such subsection is amended by striking 
     ``18''.
       (b) Economical Rate of Procurement.--It is the sense of 
     Congress that, for the procurement of the Arleigh Burke class 
     destroyers to be procured after fiscal year 2001 under 
     multiyear contracts authorized under section 122(b) of Public 
     Law 104-201--
       (1) the Secretary of the Navy should--
       (A) achieve the most economical rate of procurement; and
       (B) enter into such contracts for advance procurement as 
     may be necessary to achieve that rate of procurement;
       (2) the most economical rate of procurement would be 
     achieved by procuring 3 of the destroyers in each of fiscal 
     years 2002 and 2003 and procuring another destroyer in fiscal 
     year 2004; and
       (3) the Secretary has the authority under section 122(b) of 
     Public Law 104-201 (110 Stat. 2446) and subsections (b) and 
     (c) of section 122 of Public Law 106-65 (113 Stat. 534) to 
     provide for procurement at the most economical rate, as 
     described in paragraph (2).
       (c) Update of 1993 Report on DDG-51 Class Ships.--(1) The 
     Secretary of the Navy shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives, not 
     later than November 1, 2000, a report that updates the 
     information provided in the report of the Secretary of the 
     Navy entitled the ``Arleigh Burke (DDG-51) Class Industrial 
     Base Study of 1993''. The Secretary shall transmit a copy of 
     the updated report to the Comptroller General not later than 
     the date on which the Secretary submits the report to the 
     committees.
       (2) The Comptroller General shall review the updated report 
     submitted under paragraph (1) and, not later than December 1, 
     2000, submit to the Committees on Armed Services of the 
     Senate and House of Representatives the Comptroller General's 
     comments on the updated report.

     SEC. 123. VIRGINIA CLASS SUBMARINE PROGRAM.

       (a) Amounts Authorized From SCN Account.--Of the amounts 
     authorized to be appropriated by section 102(a)(3) for fiscal 
     year 2001, $1,711,234,000 is available for the Virginia class 
     submarine program.
       (b) Contract Authority.--(1) The Secretary of the Navy is 
     authorized to enter into a contract for the procurement of up 
     to five Virginia class submarines, including the procurement 
     of material in economic order quantities when cost savings 
     are achievable, during fiscal years 2003 through 2006. The 
     submarines authorized under the preceding sentence are in 
     addition to the submarines authorized under section 121(b) of 
     the National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1648).
       (2) A contract entered into under paragraph (1) shall 
     include a clause that states that any obligation of the 
     United States to make a payment under this contract is 
     subject to the availability of appropriations for that 
     purpose.
       (c) Shipbuilder Teaming.--Paragraphs (2)(A), (3), and (4) 
     of section 121(b) of Public Law 105-85 apply to the 
     procurement of submarines under this section.
       (d) Limitation of Liability.--If a contract entered into 
     under this section is terminated, the United States shall not 
     be liable for termination costs in excess of the total of the 
     amounts appropriated for the Virginia class submarine program 
     that remain available for the program.
       (e) Report Requirement.--At that same time that the 
     President submits the budget for fiscal year 2002 to Congress 
     under section 1105(a) of title 31, United States Code, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the Navy's fleet of fast 
     attack submarines. The report shall include the following:
       (1) A plan for maintaining at least 55 fast attack 
     submarines in commissioned service through 2015, including, 
     by 2015, 18 Virginia class submarines.
       (2) Two assessments of the potential savings that would be 
     achieved under the Virginia class submarine program if the 
     production rate for such program were at least two submarines 
     each fiscal year, as follows:

[[Page 14494]]

       (A) An assessment if that were the production rate 
     beginning in fiscal year 2004.
       (B) An assessment if that were the production rate 
     beginning in fiscal year 2006.
       (3) An analysis of the advantages and disadvantages of 
     various contracting strategies for Virginia class submarine 
     program, including one or more multiyear procurement 
     strategies and one or more strategies for block buy with 
     economic order quantity.

     SEC. 124. ADC(X) SHIP PROGRAM.

       Notwithstanding any other provision of law, the Secretary 
     of the Navy may procure the construction of all ADC(X) class 
     ships in one shipyard if the Secretary determines that it is 
     more cost effective to do so than to procure the construction 
     of such ships from more than one shipyard.

     SEC. 125. REFUELING AND COMPLEX OVERHAUL PROGRAM OF THE CVN-
                   69 NUCLEAR AIRCRAFT CARRIER.

       (a) Amount Authorized From SCN Account.--Of the amount 
     authorized to be appropriated by section 102(a)(3) for fiscal 
     year 2001, $703,441,000 is available for the commencement of 
     the nuclear refueling and complex overhaul of the CVN-69 
     aircraft carrier during fiscal year 2001. The amount made 
     available in the preceding sentence is the first increment in 
     the incremental funding planned for the nuclear refueling and 
     complex overhaul of the CVN-69 aircraft carrier.
       (b) Contract Authority.--The Secretary of the Navy is 
     authorized to enter into a contract during fiscal year 2001 
     for the nuclear refueling and complex overhaul of the 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.

     SEC. 126. REMANUFACTURED AV-8B AIRCRAFT.

       Of the amount authorized to be appropriated by section 
     102(a)(1)--
       (1) $318,646,000 is available for the procurement of 
     remanufactured AV-8B aircraft;
       (2) $15,200,000 is available for the procurement of UC-35 
     aircraft;
       (3) $3,300,000 is available for the procurement of 
     automatic flight control systems for EA-6B aircraft; and
       (4) $46,000,000 is available for engineering change 
     proposal 583 for FA-18 aircraft.

     SEC. 127. ANTI-PERSONNEL OBSTACLE BREACHING SYSTEM.

       Of the total amount authorized to be appropriated under 
     section 102(c), $4,000,000 is available only for the 
     procurement of the anti-personnel obstacle breaching system.

                     Subtitle D--Air Force Programs

     SEC. 131. REPEAL OF REQUIREMENT FOR ANNUAL REPORT ON B-2 
                   BOMBER AIRCRAFT PROGRAM.

       Section 112 of the National Defense Authorization Act for 
     Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 
     1373), as amended by section 141 of Public Law 104-106 (110 
     Stat. 213), is repealed.

     SEC. 132. CONVERSION OF AGM-65 MAVERICK MISSILES.

       (a) Increase in Amount.--The amount authorized to be 
     appropriated by section 103(3) for procurement of missiles 
     for the Air Force is hereby increased by $2,100,000.
       (b) Availability of Amount.--(1) Of the amount authorized 
     to be appropriated by section 103(3), as increased by 
     subsection (a), $2,100,000 shall be available for In-Service 
     Missile Modifications for the purpose of the conversion of 
     Maverick missiles in the AGM-65B and AGM-65G configurations 
     to Maverick missiles in the AGM-65H and AGM-65K 
     configurations.
       (2) The amount available under paragraph (1) for the 
     purpose specified in that paragraph is in addition to any 
     other amounts available under this Act for that purpose.
       (c) Offset.--The amount authorized to be appropriated by 
     section 103(1) for procurement of aircraft for the Air Force 
     is hereby reduced by $2,100,000, with the amount of the 
     reduction applicable to amounts available under that section 
     for ALE-50 Code Decoys.

                       Subtitle E--Other Matters

     SEC. 141. PUEBLO CHEMICAL DEPOT CHEMICAL AGENT AND MUNITIONS 
                   DESTRUCTION TECHNOLOGIES.

       (a) Limitation.--In determining the technologies to be used 
     for the destruction of the stockpile of lethal chemical 
     agents and munitions at Pueblo Chemical Depot, Colorado, 
     whether under the assessment required by section 141(a) of 
     the National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 537; 50 U.S.C. 1521 note), the 
     Assembled Chemical Weapons Assessment, or any other 
     assessment, the Secretary of Defense may consider only the 
     following technologies:
       (1) Incineration.
       (2) Any technologies demonstrated under the Assembled 
     Chemical Weapons Assessment on or before May 1, 2000.
       (b) Assembled Chemical Weapons Assessment Defined.--As used 
     in subsection (a), the term ``Assembled Chemical Weapons 
     Assessment'' means the pilot program carried out under 
     section 8065 of the Department of Defense Appropriations Act, 
     1997 (section 101(b) of Public Law 104-208; 110 Stat. 3009-
     101; 50 U.S.C. 1521 note).

     SEC. 142. INTEGRATED BRIDGE SYSTEMS FOR NAVAL SYSTEMS SPECIAL 
                   WARFARE RIGID INFLATABLE BOATS AND HIGH-SPEED 
                   ASSAULT CRAFT.

       (a) Increase in Authorization for Procurement, Defense-
     Wide.--The amount authorized to be appropriated by section 
     104 for procurement, Defense-wide, is hereby increased by 
     $7,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 104, as increased by subsection (a), 
     $7,000,000 shall be available for the procurement and 
     installation of integrated bridge systems for naval systems 
     special warfare rigid inflatable boats and high-speed assault 
     craft for special operations forces.
       (c) Offset.--The amount authorized to be appropriated by 
     section 103(4), for other procurement for the Air Force, is 
     hereby reduced by $7,000,000.

     SEC. 143. REPEAL OF PROHIBITION ON USE OF DEPARTMENT OF 
                   DEFENSE FUNDS FOR PROCUREMENT OF NUCLEAR-
                   CAPABLE SHIPYARD CRANE FROM A FOREIGN SOURCE.

       Section 8093 of the Department of Defense Appropriations 
     Act, 2000 (Public Law 106-79; 113 Stat. 1253) is amended by 
     striking subsection (d), relating to a prohibition on the use 
     of Department of Defense funds to procure a nuclear-capable 
     shipyard crane from a foreign source.

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $5,501,946,000.
       (2) For the Navy, $8,665,865,000.
       (3) For the Air Force, $13,887,836,000.
       (4) For Defense-wide activities, $11,275,202,000, of which 
     $223,060,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

       (a) Fiscal Year 2001.--Of the amounts authorized to be 
     appropriated by section 201, $4,702,604,000 shall be 
     available for basic research and applied research projects.
       (b) Basic Research and Applied Research Defined.--For 
     purposes of this section, the term ``basic research and 
     applied research'' means work funded in program elements for 
     defense research and development under Department of Defense 
     category 6.1 or 6.2.

     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 $1,500,000, with the 
     amount of such decrease being allocated to Sensor and 
     Guidance Technology (PE63762E).

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. FISCAL YEAR 2002 JOINT FIELD EXPERIMENT.

       (a) Requirements.--The Secretary of Defense shall carry out 
     a joint field experiment in fiscal year 2002. The Secretary 
     shall ensure that the planning for the joint field experiment 
     is carried out during fiscal year 2001.
       (b) Purpose.--The purpose of the joint field experiment is 
     to explore the most critical war fighting challenges at the 
     operational level of war that will confront United States 
     joint military forces after 2010.
       (c) Participating Forces.--(1) The joint field experiment 
     shall involve elements of Army, Navy, Marine Corps, and Air 
     Force, and shall include special operations forces.
       (2) The forces designated to participate in the joint field 
     experiment shall exemplify the concepts for organization, 
     equipment, and doctrine that are conceived for the forces 
     after 2010 under Joint Vision 2010 (issued by the Joint 
     Chiefs of Staff) and the current vision statements of the 
     Chief of Staff of the Army, the Chief of Naval Operations and 
     the Commandant of the Marine Corps, and the Chief of Staff of 
     the Air Force, including the following concepts:
       (A) Air Force expeditionary aerospace forces.
       (B) Army medium weight brigades.
       (C) Navy forward from the sea.
       (d) Funding.--Of the amount authorized to be appropriated 
     under section 201(2) for joint experimentation, $6,000,000 
     shall be available only for planning the joint field 
     experiment required under this section.

     SEC. 212. NUCLEAR AIRCRAFT CARRIER DESIGN AND PRODUCTION 
                   MODELING.

       Of the amount authorized to be appropriated under section 
     201(2) for the Navy for nuclear aircraft carrier design and 
     production modeling, $10,000,000 shall be available for the 
     conversion and development of nuclear aircraft carrier design 
     data into an electronic, three-dimensional product model.

     SEC. 213. DD-21 CLASS DESTROYER PROGRAM.

       (a) Authority.--The Secretary of the Navy is authorized to 
     pursue a technology insertion approach for the construction 
     of the DD-21 destroyer on the following schedule:
       (1) Commencement of construction during fiscal year 2004.
       (2) Delivery of the completed vessel during fiscal year 
     2009.

[[Page 14495]]

       (b) Sense of Congress.--It is the sense of Congress that--
       (1) there are compelling reasons for starting the program 
     for constructing the DD-21 destroyer in fiscal year 2004 and 
     continuing with sequential construction of DD-21 class 
     destroyers during the ensuing fiscal years until 32 DD-21 
     class destroyers are constructed; and
       (2) the Secretary of the Navy, in providing for the 
     acquisition of DD-21 class destroyers, should consider that--
       (A) the Marine Corps needs the surface fire support 
     capabilities of the DD-21 class destroyers as soon as 
     possible in order to mitigate the inadequacies of the surface 
     fire support capabilities that are currently available;
       (B) the Navy and Marine Corps need to resolve whether there 
     is a requirement for surface fire support missile weapon 
     systems to be easily sustainable by means of replenishment 
     while under way;
       (C) the technology insertion approach has been successful 
     for other ship construction programs and is being pursued for 
     the CVN(X) and Virginia class submarine programs;
       (D) the establishment of a stable configuration for the 
     first 10 DD-21 class destroyers should enable the 
     construction of the ships with the greatest capabilities at 
     the lowest cost; and
       (E) action to acquire DD-21 class destroyers should be 
     taken as soon as possible in order to realize fully the cost 
     savings that can be derived from the construction and 
     operation of DD-21 class destroyers, including--
       (i) savings in construction costs that would result from 
     achievement of the Navy's target per-ship cost of 
     $750,000,000 by the fifth ship constructed in each 
     construction yard;
       (ii) savings that will result from the estimated reduction 
     of the crews of destroyers by 200 or more personnel for each 
     ship; and
       (iii) savings that will result from a reduction in the 
     operating costs for destroyers by an estimated 70 percent.
       (c) Navy Plan for Use of Technology Insertion Approach for 
     Construction of the DD-21 Ship.--The Secretary of the Navy 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives, not later than April 
     18, 2001, a plan for pursuing a technology insertion approach 
     for the construction of the DD-21 destroyer as authorized 
     under subsection (a). The plan shall include estimates of the 
     resources necessary to execute the plan.
       (d) Report on Acquisition and Maintenance Plan for DD-21 
     Class Ships.--The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives, not later than April 18, 2001, a report on 
     the Navy's plan for the acquisition and maintenance of DD-21 
     class destroyers. The report shall include a discussion of 
     each of the following matters:
       (1) The technical feasibility of commencing construction of 
     the DD-21 destroyer in fiscal year 2004 and achieving 
     delivery of the completed ship to the Navy during fiscal year 
     2009.
       (2) An analysis of the advantages and disadvantages of 
     various contracting strategies for the construction of the 
     first 10 DD-21 class destroyers, including one or more 
     multiyear procurement strategies and one or more strategies 
     for block buy in economic order quantity.
       (3) The effects on the destroyer industrial base and on 
     costs to other Navy shipbuilding programs of delaying the 
     commencement of construction of the DD-21 destroyer until 
     fiscal year 2005 and delaying the commencement of 
     construction of the next DD-21 class destroyer until fiscal 
     year 2007.
       (4) The effects on the fleet maintenance strategies of Navy 
     fleet commanders, on commercial maintenance facilities in 
     fleet concentration areas, and on the administration of funds 
     in compliance with section 2466 of title 10, United States 
     Code, of awarding to a contractor for the construction of a 
     DD-21 class destroyer all maintenance workloads for DD-21 
     class destroyers that are below depot-level maintenance and 
     above ship-level maintenance.

     SEC. 214. F-22 AIRCRAFT PROGRAM.

       Section 217(c) of the National Defense Authorization Act 
     for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1660) is 
     amended by adding at the end the following:
       ``(3) With respect to the limitation in subsection (a), an 
     increase by an amount that does not exceed one percent of the 
     total amount of that limitation (taking into account the 
     increases and decreases, if any, under paragraphs (1) and 
     (2)) if the Director of Operational Test and Evaluation, 
     after consulting with the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, determines that the 
     increase is necessary in order to ensure adequate testing.''.

     SEC. 215. JOINT STRIKE FIGHTER PROGRAM.

       (a) Report.--Not later than December 15, 2000, the 
     Secretary shall submit to Congress a report on the joint 
     strike fighter program. The report shall contain the 
     following:
       (1) A description of the program as the program has been 
     restructured before the date of the report, including any 
     modified acquisition strategy that has been incorporated into 
     the program.
       (2) The exit criteria that have been established to ensure 
     that technical risks are at levels acceptable for entry of 
     the program into engineering and manufacturing development.
       (b) Transfers From Other Navy and Air Force Accounts.--(1) 
     Notwithstanding any other provision of this Act, the 
     Secretary may transfer to the joint strike fighter program or 
     within the joint strike fighter program amounts authorized to 
     be appropriated under section 201 for a purpose other than 
     the purpose of the authorization of appropriations to which 
     transferred, as follows:
       (A) Of the funds authorized to be appropriated under 
     section 201(2), up to $150,000,000.
       (B) Of the funds authorized to be appropriated under 
     section 201(3), up to $150,000,000.
       (2) The transfer authority under paragraph (1) is in 
     addition to the transfer authority provided in section 1001.

     SEC. 216. GLOBAL HAWK HIGH ALTITUDE ENDURANCE UNMANNED AERIAL 
                   VEHICLE.

       (a) Concept Demonstration Required.--The Secretary of 
     Defense shall require and coordinate a concept demonstration 
     of the Global Hawk high altitude endurance unmanned aerial 
     vehicle.
       (b) Purpose of Demonstration.--The purpose of the concept 
     demonstration is to demonstrate the capability of the Global 
     Hawk high altitude endurance unmanned aerial vehicle to 
     operate in an airborne surveillance mode, using available, 
     non-developmental technology.
       (c) Time for Demonstration.--The demonstration shall take 
     place as early in fiscal year 2001 as the Secretary 
     determines practicable.
       (d) Participation by CINCs.--The Secretary shall require 
     the Commander in Chief of the United States Joint Forces 
     Command and the Commander in Chief of the United States 
     Southern Command jointly to provide guidance for the 
     demonstration and otherwise to participate in the 
     demonstration.
       (e) Scenario for Demonstration.--The demonstration shall be 
     conducted in a counter-drug surveillance scenario that is 
     designed to replicate factual conditions typically 
     encountered in the performance of the counter-drug 
     surveillance mission of the Commander in Chief of the United 
     States Southern Command within that commander's area of 
     responsibility.
       (f) Report.--Not later than 45 days after the concept 
     demonstration is completed, the Secretary shall submit to 
     Congress a report on the results of the demonstration. The 
     report shall include the following:
       (1) The Secretary's assessment of the technical feasibility 
     of using the Global Hawk high altitude endurance unmanned 
     aerial vehicle for airborne air surveillance.
       (2) A discussion of the operational concept for the use of 
     the vehicle for that purpose.

     SEC. 217. UNMANNED ADVANCED CAPABILITY AIRCRAFT AND GROUND 
                   COMBAT VEHICLES.

       (a) Goal.--It shall be a goal of the Armed Forces to 
     achieve the fielding of unmanned, remotely controlled 
     technology such that--
       (1) by 2010, one-third of the operational deep strike 
     aircraft of the Armed Forces are unmanned; and
       (2) by 2015, one-third of the operational ground combat 
     vehicles of the Armed Forces are unmanned.
       (b) Report on Advanced Capability Ground Combat Vehicles.--
     Not later than January 31, 2001, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on each of the programs undertaken by the Secretaries of the 
     Army, Navy, and Air Force jointly with the Director of the 
     Defense Advanced Research Projects Agency to demonstrate 
     advanced capability ground combat vehicles. The report shall 
     include the following for the program of each military 
     department:
       (1) A schedule for the program, including, in the case of 
     the Army program, a schedule for the demonstration of the 
     capability for unmanned, remotely controlled operation of 
     advanced capability ground combat vehicles for the Army.
       (2) An identification of the funding required for fiscal 
     year 2002 and for the future-years defense program to carry 
     out the program and, in the case of the Army program, for the 
     demonstration described in paragraph (1).
       (3) A description and assessment of the acquisition 
     strategy for unmanned ground combat vehicles planned by the 
     Secretary of the military department concerned, together with 
     a complete identification of all operation, support, 
     ownership, and other costs required to carry out such 
     strategy through the year 2030.
       (c) Funds.--Of the amount authorized to be appropriated for 
     Defense-wide activities under section 201(4) for the Defense 
     Advanced Research Projects Agency, $200,000,000 shall be 
     available only to carry out the programs referred to in 
     subsection (b).

     SEC. 218. ARMY SPACE CONTROL TECHNOLOGY DEVELOPMENT.

       (a) Kinetic Energy Anti-Satellite Technology Program.--Of 
     the funds authorized to be appropriated under section 201(4), 
     $20,000,000 shall be available for the kinetic energy anti-
     satellite technology program.
       (b) Other Army Space Control Technology Development.--Of 
     the funds authorized to be appropriated under section 201(4), 
     $5,000,000 shall be available for the development of space 
     control technologies that emphasize reversible or temporary 
     effects.
       (c) Limitation.--None of the funds made available pursuant 
     to subsection (b) may be obligated until the funds provided 
     for the kinetic energy anti-satellite technology program 
     under subsection (a) have been released to the kinetic energy 
     anti-satellite technology program manager.

     SEC. 219. RUSSIAN AMERICAN OBSERVATION SATELLITES PROGRAM.

       None of the funds authorized to be appropriated under 
     section 201(4) for the Russian American Observation 
     Satellites program may be obligated or expended until 30 days 
     after the

[[Page 14496]]

     Secretary of Defense submits to Congress a report explaining 
     how the Secretary plans to protect United States advanced 
     military technology that may be associated with the Russian 
     American Observation Satellites program.

     SEC. 220. JOINT BIOLOGICAL DEFENSE PROGRAM.

       (a) Limitation.--Funds authorized to be appropriated by 
     this Act may not be obligated for the procurement of a 
     vaccine for the biological agent anthrax until the Secretary 
     of Defense has submitted to the congressional defense 
     committees the following:
       (1) A written notification that the Food and Drug 
     Administration has approved for production of the vaccine the 
     manufacturing source from which the Department of Defense is 
     procuring the vaccine as of the date of the enactment of this 
     Act (hereafter in this section referred to as the ``current 
     manufacturer'').
       (2) A report on the contingencies associated with 
     continuing to rely on the current manufacturer to supply 
     anthrax vaccine.
       (b) Content of Report.--The report required under 
     subsection (a)(2) shall include the following:
       (1) Recommended strategies to mitigate the risk to the 
     Department of Defense of losing the current manufacturer as a 
     source of anthrax vaccine, together with a discussion of the 
     criteria to be applied in determining whether to carry out 
     any of the strategies and which strategy to carry out.
       (2) Recommended strategies to ensure that the Department of 
     Defense can procure from any source or sources an anthrax 
     vaccine approved by the Food and Drug Administration that 
     meets the requirements of the department if--
       (A) the Food and Drug Administration does not approve the 
     release of the anthrax vaccine available from the current 
     manufacturer; or
       (B) the current manufacturer terminates the production of 
     anthrax vaccine permanently.
       (3) A five-year budget to support each strategy recommended 
     under paragraph (1) or (2).

     SEC. 221. REPORT ON BIOLOGICAL WARFARE DEFENSE VACCINE 
                   RESEARCH AND DEVELOPMENT PROGRAMS.

       (a) Requirement for Report.--The Secretary of Defense shall 
     submit to the congressional defense committees, not later 
     than February 1, 2001, a report on the acquisition of 
     biological warfare defense vaccines for the Department of 
     Defense.
       (b) Content of Report.--The report shall include the 
     following:
       (1) The Secretary's evaluation of the implications of 
     reliance on the commercial sector to meet the requirements of 
     the Department of Defense for biological warfare defense 
     vaccines.
       (2) A complete design for a facility at an alternative site 
     determined by the Secretary that is designed to be operated 
     under government ownership by a contractor for the production 
     of biological warfare defense vaccines to meet the current 
     and future requirements of the Department of Defense for 
     biological warfare defense vaccines, together with--
       (A) an estimation of the cost of contractor operation of 
     such a facility for that purpose;
       (B) a determination, developed in consultation with the 
     Surgeon General of the United States, on the utility of such 
     a facility to support civilian vaccine requirements and a 
     discussion of the effects that the use of the facility for 
     that purpose would have on the operating costs for vaccine 
     production at the facility; and
       (C) an analysis of the effects that international demand 
     for vaccines would have on the operating costs for vaccine 
     production at such a facility.
       (c) Biological Warfare Defense Vaccine Defined.--In this 
     section, the term ``biological warfare defense vaccine'' 
     means a vaccine useful for the immunization of military 
     personnel to protect against biological agents on the 
     Validated Threat List issued by the Joint Chiefs of Staff, 
     whether such vaccine is in production or is being developed.

     SEC. 222. TECHNOLOGIES FOR DETECTION AND TRANSPORT OF 
                   POLLUTANTS ATTRIBUTABLE TO LIVE-FIRE 
                   ACTIVITIES.

       (a) Increase in Amount.--The amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide is hereby increased by 
     $5,000,000.
       (b) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4), as increased by subsection 
     (a), the amount available for the Strategic Environmental 
     Research and Development Program (PE6034716D) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for the development and test of technologies to 
     detect, analyze, and map the presence of, and transport of, 
     pollutants and contaminants at sites undergoing the detection 
     and remediation of constituents attributable to live-fire 
     activities in a variety of hydrogeological scenarios.
       (c) Additional Requirement.--Performance measures shall be 
     established for the technologies described in subsection (b) 
     for purposes of facilitating the implementation and 
     utilization of such technologies by the Department of 
     Defense.
       (d) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide is hereby decreased by $5,000,000, 
     with the amount of such decrease applied to Computing Systems 
     and Communications Technology (PE602301E).

     SEC. 223. ACOUSTIC MINE DETECTION.

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $2,500,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1), as increased by paragraph (1), the amount available 
     for Countermine Systems (PE602712A) is hereby increased by 
     $2,500,000, with the amount of such increase available for 
     research in acoustic mine detection.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation Defense-wide is hereby decreased by $2,500,000, 
     with the amount of such decrease to be applied to Sensor 
     Guidance Technology (PE603762E).

     SEC. 224. OPERATIONAL TECHNOLOGIES FOR MOUNTED MANEUVER 
                   FORCES.

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(1) for research, development, 
     test, and evaluation for the Army is hereby increased by 
     $5,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(1), as increased by paragraph (1), the amount available 
     for Concepts Experimentation Program (PE605326A) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for test and evaluation of future operational 
     technologies for use by mounted maneuver forces.
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation Defense-wide is hereby decreased by $5,000,000, 
     with the amount of such decrease to be applied to Computing 
     Systems and Communications Technology (PE602301E).

     SEC. 225. AIR LOGISTICS TECHNOLOGY.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide, the amount available for 
     Generic Logistics Research and Development Technology 
     Demonstrations (PE603712S) is hereby increased by $300,000, 
     with the amount of such increase available for air logistics 
     technology.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4), the amount available for Computing Systems 
     and Communications Technology (PE602301E) is hereby decreased 
     by $300,000.

     SEC. 226. PRECISION LOCATION AND IDENTIFICATION PROGRAM 
                   (PLAID).

       (a) Increase in Amount.--(1) The amount authorized to be 
     appropriated by section 201(3) for research, development, 
     test, and evaluation for the Air Force is hereby increased by 
     $8,000,000.
       (2) Of the amount authorized to be appropriated by section 
     201(3), as increased by paragraph (1), the amount available 
     for Electronic Warfare Development (PE604270F) is hereby 
     increased by $8,000,000, with the amount of such increase 
     available for the Precision Location and Identification 
     Program (PLAID).
       (b) Offset.--The amount authorized to be appropriated by 
     section 201(1) for research, development, test, and 
     evaluation for the Army is hereby decreased by $8,000,000, 
     with the amount of the reduction applied to Electronic 
     Warfare Development (PE604270A).

     SEC. 227. NAVY INFORMATION TECHNOLOGY CENTER AND HUMAN 
                   RESOURCE ENTERPRISE STRATEGY.

       (a) Availability of Increased Amount.--(1) Of the amount 
     authorized to be appropriated by section 201(2), for 
     research, development, test, and evaluation for the Navy, 
     $5,000,000 shall be available for the Navy Program Executive 
     Office for Information Technology for purposes of the 
     Information Technology Center and for the Human Resource 
     Enterprise Strategy implemented under section 8147 of the 
     Department of Defense Appropriations Act, 1999 (Public Law 
     105-262; 112 Stat. 2341; 10 U.S.C. 113 note).
       (2) Amounts made available under paragraph (1) for the 
     purposes specified in that paragraph are in addition to any 
     other amounts made available under this Act for such 
     purposes.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(2), the amount available for Marine Corps Assault 
     Vehicles (PE603611M) is hereby reduced by $5,000,000.

     SEC. 228. JOINT TECHNOLOGY INFORMATION CENTER INITIATIVE.

       Of the amount authorized to be appropriated under section 
     201(4)--
       (1) $20,000,000 shall be available for the Joint Technology 
     Information Center Initiative; and
       (2) the amount provided for cyber attack sensing and 
     warning under the information systems security program 
     (account 0303140G) is reduced by $20,000,000.

     SEC. 229. AMMUNITION RISK ANALYSIS CAPABILITIES.

       (a) Availability of Amount.--Of the amount authorized to be 
     appropriated by section 201(4) for research, development, 
     test, and evaluation Defense-wide, the amount available for 
     Explosives Demilitarization Technology (PE603104D) is hereby 
     increased by $5,000,000, with the amount of such increase 
     available for research into ammunition risk analysis 
     capabilities.
       (b) Offset.--Of the amount authorized to be appropriated by 
     section 201(4), the amount available for Computing Systems 
     and Communications Technology (PE602301E) is hereby decreased 
     by $5,000,000.

     SEC. 230. FUNDING FOR COMPARISONS OF MEDIUM ARMORED COMBAT 
                   VEHICLES.

       Of the amount authorized to be appropriated under section 
     201(1), $40,000,000 shall be available for the advanced tank 
     armament system program for the development and execution of 
     the plan for comparing costs and operational effectiveness of 
     medium armored combat vehicles required under section 112(b).

[[Page 14497]]



                       Subtitle C--Other Matters

     SEC. 241. MOBILE OFFSHORE BASE.

       (a) Report.--Not later than March 1, 2001, the Secretary of 
     Defense shall submit to Congress a report on the mobile 
     offshore base concept.
       (b) Content of Report.--The report shall contain the 
     following:
       (1) A cost-benefit analysis of the mobile offshore base, 
     using operational concepts that would support the National 
     Military Strategy.
       (2) A recommendation regarding whether to proceed with the 
     mobile offshore base as a program and, if so--
       (A) a statement regarding which of the Armed Forces is to 
     be designated to have the lead responsibility for the 
     program; and
       (B) a schedule for the program.

     SEC. 242. AIR FORCE SCIENCE AND TECHNOLOGY PLANNING.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the congressional defense committees a report on 
     the long-term challenges and short-term objectives of the Air 
     Force science and technology program. The report shall 
     include the following:
       (1) An assessment of the budgetary resources that are being 
     used for fiscal year 2001 for addressing the long-term 
     challenges and the short-term objectives.
       (2) The budgetary resources that are necessary to address 
     those challenges and objectives adequately.
       (3) A course of action for any projected or ongoing Air 
     Force science and technology programs that do not address 
     either the long-term challenges or the short-term objectives.
       (4) The matters required under subsection (b)(5) and 
     (c)(6).
       (b) Long-Term Challenges.--(1) The Secretary of the Air 
     Force shall establish an integrated product team to identify 
     high-risk, high-payoff challenges that will provide a long-
     term focus and motivation for the Air Force science and 
     technology program over the next 20 to 50 years. The 
     integrated product team shall include representatives of the 
     Office of Scientific Research and personnel from the Air 
     Force Research Laboratory.
       (2) The team shall solicit views from the entire Air Force 
     science and technology community on the matters under 
     consideration by the team.
       (3) The team--
       (A) shall select for consideration science and technology 
     challenges that involve--
       (i) compelling requirements of the Air Force;
       (ii) high-risk, high-payoff areas of exploration; and
       (iii) very difficult, but probably achievable, results; and
       (B) should not include as a selected challenge any linear 
     extension of an ongoing Air Force science and technology 
     program.
       (4) The Deputy Assistant Secretary of the Air Force for 
     Science, Technology, and Engineering shall designate a 
     technical coordinator and a management coordinator for each 
     science and technology challenge identified pursuant to this 
     subsection. Each technical coordinator shall have sufficient 
     expertise in fields related to the challenge to be able to 
     identify other experts and affirm the credibility of the 
     program. The coordinator for a science and technology 
     challenge shall conduct workshops within the relevant 
     scientific and technological community to obtain suggestions 
     for possible approaches to addressing the challenge, to 
     identify ongoing work that addresses the challenge, to 
     identify gaps in current work relating to the challenge, and 
     to highlight promising areas of research.
       (5) The report required by subsection (a) shall, at a 
     minimum, provide information on each science and technology 
     challenge identified pursuant to this subsection and describe 
     the results of the workshops conducted pursuant to paragraph 
     (4), including any work not currently funded by the Air Force 
     that should be performed to meet the challenge.
       (c) Short-Term Objectives.--(1) The Secretary of the Air 
     Force shall establish a task force to identify short-term 
     technological objectives of the Air Force science and 
     technology program. The task force shall be chaired by the 
     Deputy Assistant Secretary of the Air Force for Science, 
     Technology, and Engineering and shall include representatives 
     of the Chief of Staff of the Air Force and the specified 
     combatant commands of the Air Force.
       (2) The task force shall solicit views from the entire Air 
     Force requirements community, user community, and acquisition 
     community.
       (3) The task force shall select for consideration short-
     term objectives that involve--
       (A) compelling requirements of the Air Force;
       (B) support in the user community; and
       (C) likely attainment of the desired benefits within a 5-
     year period.
       (4) The Deputy Assistant Secretary of the Air Force for 
     Science, Technology, and Engineering shall establish an 
     integrated product team for each short-term objective 
     identified pursuant to this subsection. Each integrated 
     product team shall include representatives of the 
     requirements community, the user community, and the science 
     and technology community with relevant expertise.
       (5) The integrated product team for a short-term objective 
     shall be responsible for--
       (A) identifying, defining, and prioritizing the enabling 
     capabilities that are necessary for achieving the objective;
       (B) identifying gaps in the enabling capabilities that must 
     be addressed if the short-term objective is to be achieved; 
     and
       (C) working with the Air Force science and technology 
     community to identify science and technology projects and 
     programs that should be undertaken to fill each gap in an 
     enabling capability.
       (6) The report required by subsection (a) shall, at a 
     minimum, describe each short-term science and technology 
     objective identified pursuant to this subsection and describe 
     the work of the integrated product teams conducted pursuant 
     to paragraph (5), including any gaps identified in enabling 
     capabilities and the science and technology work that should 
     be undertaken to fill each such gap.

     SEC. 243. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION 
                   PARTNERSHIPS FOR PURPOSES OF ENCOURAGING 
                   SCIENTIFIC STUDY.

       (a) Assistance in Support of Partnerships.--Subsection (b) 
     of section 2194 of title 10, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     and is encouraged to provide,'' after ``may provide'';
       (2) in paragraph (1), by inserting before the semicolon the 
     following: ``for any purpose and duration in support of such 
     agreement that the director considers appropriate''; and
       (3) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) notwithstanding the provisions of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     471 et seq.) or any provision of law or regulation relating 
     to transfers of surplus property, transferring to the 
     institution any defense laboratory equipment (regardless of 
     the nature of type of such equipment) surplus to the needs of 
     the defense laboratory that is determined by the director to 
     be appropriate for support of such agreement;''.
       (b) Defense Laboratory Defined.--Subsection (e) of that 
     section is amended to read as follows:
       ``(e) In this section:
       ``(1) The term `defense laboratory' means any laboratory, 
     product center, test center, depot, training and educational 
     organization, or operational command under the jurisdiction 
     of the Department of Defense.
       ``(2) The term `local educational agency' has the meaning 
     given such term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).''.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $19,031,031,000.
       (2) For the Navy, $23,254,154,000.
       (3) For the Marine Corps, $2,746,558,000.
       (4) For the Air Force, $22,389,077,000.
       (5) For Defense-wide activities, $11,922,069,000.
       (6) For the Army Reserve, $1,526,418,000.
       (7) For the Naval Reserve, $965,946,000.
       (8) For the Marine Corps Reserve, $138,959,000.
       (9) For the Air Force Reserve, $1,890,859,000.
       (10) For the Army National Guard, $3,222,335,000.
       (11) For the Air National Guard, $3,450,875,000.
       (12) For the Defense Inspector General, $144,245,000.
       (13) For the United States Court of Appeals for the Armed 
     Forces, $8,574,000.
       (14) For Environmental Restoration, Army, $389,932,000.
       (15) For Environmental Restoration, Navy, $294,038,000.
       (16) For Environmental Restoration, Air Force, 
     $376,300,000.
       (17) For Environmental Restoration, Defense-wide, 
     $23,412,000.
       (18) For Environmental Restoration, Formerly Used Defense 
     Sites, $231,499,000.
       (19) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $55,400,000.
       (20) For Drug Interdiction and Counter-drug Activities, 
     Defense-wide, $845,300,000.
       (21) For the Kaho'olawe Island Conveyance, Remediation, and 
     Environmental Restoration Trust Fund, $25,000,000.
       (22) For Defense Health Program, $11,401,723,000.
       (23) For Cooperative Threat Reduction programs, 
     $458,400,000.
       (24) For Overseas Contingency Operations Transfer Fund, 
     $4,100,577,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $916,276,000.
       (2) For the National Defense Sealift Fund, $388,158,000.

     SEC. 303. ARMED FORCES RETIREMENT HOME.

       There is hereby authorized to be appropriated for fiscal 
     year 2001 from the Armed Forces Retirement Home Trust Fund 
     the sum of $69,832,000 for the operation of the Armed Forces 
     Retirement Home, including the United States Soldiers' and 
     Airmen's Home and the Naval Home.

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

       (a) Transfer Authority.--To the extent provided in 
     appropriations Acts, not more than

[[Page 14498]]

     $150,000,000 is authorized to be transferred from the 
     National Defense Stockpile Transaction Fund to operation and 
     maintenance accounts for fiscal year 2001 in amounts as 
     follows:
       (1) For the Army, $50,000,000.
       (2) For the Navy, $50,000,000.
       (3) For the Air Force, $50,000,000.
       (b) Treatment of Transfers.--Amounts transferred under this 
     section--
       (1) shall be merged with, and be available for the same 
     purposes and the same period as, the amounts in the accounts 
     to which transferred; and
       (2) may not be expended for an item that has been denied 
     authorization of appropriations by Congress.
       (c) Relationship to Other Transfer Authority.--The transfer 
     authority provided in this section is in addition to the 
     transfer authority provided in section 1001.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 311. IMPACT AID FOR CHILDREN WITH DISABILITIES.

       Of the total amount authorized to be appropriated under 
     section 301(5) for payments under section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703), $20,000,000 is available only for payments for 
     children with disabilities under subsection (d) of such 
     section.

     SEC. 312. JOINT WARFIGHTING CAPABILITIES ASSESSMENT TEAMS.

       Of the total amount authorized to be appropriated under 
     section 301(5) for the Joint Staff, $4,000,000 is available 
     only for the improvement of the performance of analyses by 
     the joint warfighting capabilities assessment teams of the 
     Joint Requirements Oversight Council.

     SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER AIR FORCE 
                   BASE, MISSISSIPPI.

       Of the total amount authorized to be appropriated by 
     section 301(4), $2,800,000 is available for the 
     weatherproofing of facilities at Keesler Air Force Base, 
     Mississippi.

     SEC. 314. 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 February 1, 2005, 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.

     SEC. 315. TETHERED AEROSTAT RADAR SYSTEM (TARS) SITES.

       (a) Findings.--Congress makes the following findings:
       (1) Failure to operate and standardize the current Tethered 
     Aerostat Radar System (TARS) sites along the Southwest border 
     of the United States and the Gulf of Mexico will result in a 
     degradation of the counterdrug capability of the United 
     States.
       (2) Most of the illicit drugs consumed in the United States 
     enter the United States through the Southwest border, the 
     Gulf of Mexico, and Florida.
       (3) The Tethered Aerostat Radar System is a critical 
     component of the counterdrug mission of the United States 
     relating to the detection and apprehension of drug 
     traffickers.
       (4) Preservation of the current Tethered Aerostat Radar 
     System network compels drug traffickers to transport illicit 
     narcotics into the United States by more risky and hazardous 
     routes.
       (b) Availability of Funds.--Of the amount authorized to be 
     appropriated by section 301(20) for Drug Interdiction and 
     Counter-drug Activities, Defense-wide, up to $33,000,000 may 
     be made available to Drug Enforcement Policy Support (DEP&S) 
     for purposes of maintaining operations of the 11 current 
     Tethered Aerostat Radar System (TARS) sites and completing 
     the standardization of such sites located along the Southwest 
     border of the United States and in the States bordering the 
     Gulf of Mexico.

     SEC. 316. MOUNTED URBAN COMBAT TRAINING SITE, FORT KNOX, 
                   KENTUCKY.

       Of the total amount authorized to be appropriated under 
     section 301(1) for training range upgrades, $4,000,000 is 
     available for the Mounted Urban Combat Training site, Fort 
     Knox, Kentucky.

     SEC. 317. MK-45 OVERHAUL.

       Of the total amount authorized to be appropriated under 
     section 301(1) for maintenance, $12,000,000 is available for 
     overhaul of MK-45 5-inch guns.

     SEC. 318. INDUSTRIAL MOBILIZATION CAPACITY AT GOVERNMENT-
                   OWNED, GOVERNMENT-OPERATED ARMY AMMUNITION 
                   FACILITIES AND ARSENALS.

       Of the amount authorized to be appropriated under section 
     301(1), $51,280,000 shall be available for funding the 
     industrial mobilization capacity at Army ammunition 
     facilities and arsenals that are government owned, government 
     operated.

     SEC. 319. CLOSE-IN WEAPON SYSTEM OVERHAULS.

       Of the total amount authorized to be appropriated by 
     section 301(2), $391,806,000 is available for weapons 
     maintenance.

     SEC. 320. SPECTRUM DATA BASE UPGRADES.

       The total amount authorized to be appropriated by section 
     301(5) for Spectrum data base upgrades is reduced by 
     $10,000,000.

             Subtitle C--Humanitarian and Civic Assistance

     SEC. 321. INCREASED AUTHORITY TO PROVIDE HEALTH CARE SERVICES 
                   AS HUMANITARIAN AND CIVIC ASSISTANCE.

       Section 401(e)(1) of title 10, United States Code, is 
     amended by striking ``rural areas of a country'' and 
     inserting ``areas of a country that are rural or are 
     underserved by medical, dental, and veterinary professionals, 
     respectively''.

     SEC. 322. USE OF HUMANITARIAN AND CIVIC ASSISTANCE FUNDING 
                   FOR PAY AND ALLOWANCES OF SPECIAL OPERATIONS 
                   COMMAND RESERVES FURNISHING DEMINING TRAINING 
                   AND RELATED ASSISTANCE AS HUMANITARIAN 
                   ASSISTANCE.

       Section 401(c) of title 10, United States Code, is amended 
     by adding at the end the following:
       ``(5) Up to 10 percent of the funds available in any fiscal 
     year for humanitarian and civic assistance described in 
     subsection (e)(5) may be expended for the pay and allowances 
     of reserve component personnel of the Special Operations 
     Command for periods of duty for which the personnel, for a 
     humanitarian purpose, furnish education and training on the 
     detection and clearance of landmines or furnish related 
     technical assistance.''.

        Subtitle D--Department of Defense Industrial Facilities

     SEC. 331. CODIFICATION AND IMPROVEMENT OF ARMAMENT RETOOLING 
                   AND MANUFACTURING SUPPORT PROGRAMS.

       (a) In General.--(1) Part IV of subtitle B of title 10, 
     United States Code, is amended by inserting after chapter 433 
     the following:

                ``CHAPTER 434--ARMAMENTS INDUSTRIAL BASE

``Sec.
``4551. Policy.
``4552. Armament Retooling and Manufacturing Support Initiative.
``4553. Property management contracts and leases.
``4554. ARMS Initiative loan guarantee program.
``4555. Definitions.

     ``Sec. 4551. Policy

       ``It is the policy of the United States--
       ``(1) to encourage, to the maximum extent practicable, 
     commercial firms to use Government-owned, contractor-operated 
     ammunition manufacturing facilities of the Department of the 
     Army;
       ``(2) to use such facilities for supporting programs, 
     projects, policies, and initiatives that promote competition 
     in the private sector of the United States economy and that 
     advance United States interests in the global marketplace;
       ``(3) to increase the manufacture of products inside the 
     United States;
       ``(4) to support policies and programs that provide 
     manufacturers with incentives to assist the United States in 
     making more efficient and economical use of Government-owned 
     industrial plants and equipment for commercial purposes;
       ``(5) to provide, as appropriate, small businesses 
     (including socially and economically disadvantaged small 
     business concerns and new small businesses) with incentives 
     that encourage those businesses to undertake manufacturing 
     and other industrial processing activities that contribute to 
     the prosperity of the United States;
       ``(6) to encourage the creation of jobs through increased 
     investment in the private sector of the United States 
     economy;
       ``(7) to foster a more efficient, cost-effective, and 
     adaptable armaments industry in the United States;
       ``(8) to achieve, with respect to armaments manufacturing 
     capacity, an optimum level of readiness of the national 
     technology and industrial base within the United States that 
     is consistent with the projected threats to the national

[[Page 14499]]

     security of the United States and the projected emergency 
     requirements of the Armed Forces of the United States; and
       ``(9) to encourage facility use contracting where feasible.

     ``Sec. 4552. Armament Retooling and Manufacturing Support 
       Initiative

       ``(a) Authority for Initiative.--The Secretary of the Army 
     may carry out a program to be known as the `Armament 
     Retooling and Manufacturing Support Initiative' (hereafter in 
     this chapter referred to as the `ARMS Initiative').
       ``(b) Purposes.--The purposes of the ARMS Initiative are as 
     follows:
       ``(1) To encourage commercial firms, to the maximum extent 
     practicable, to use Government-owned, contractor-operated 
     ammunition manufacturing facilities of the Department of the 
     Army for commercial purposes.
       ``(2) To increase the opportunities for small businesses 
     (including socially and economically disadvantaged small 
     business concerns and new small businesses) to use such 
     facilities for those purposes.
       ``(3) To maintain in the United States a work force having 
     the skills in manufacturing processes that are necessary to 
     meet industrial emergency planned requirements for national 
     security purposes.
       ``(4) To demonstrate innovative business practices, to 
     support Department of Defense acquisition reform, and to 
     serve as both a model and a laboratory for future defense 
     conversion initiatives of the Department of Defense.
       ``(5) To the maximum extent practicable, to allow the 
     operation of Government-owned, contractor-operated ammunition 
     manufacturing facilities of the Department of the Army to be 
     rapidly responsive to the forces of free market competition.
       ``(6) To reduce or eliminate the cost of ownership of 
     ammunition manufacturing facilities by the Department of the 
     Army, including the costs of operations and maintenance, the 
     costs of environmental remediation, and other costs.
       ``(7) To reduce the cost of products of the Department of 
     Defense produced at ammunition manufacturing facilities of 
     the Department of the Army.
       ``(8) To leverage private investment at Government-owned, 
     contractor-operated ammunition manufacturing facilities 
     through long-term facility use contracts, property management 
     contracts, leases, or other agreements that support and 
     advance the policies and purposes of this chapter, for the 
     following activities:
       ``(A) Recapitalization of plant and equipment.
       ``(B) Environmental remediation.
       ``(C) Promotion of commercial business ventures.
       ``(D) Other activities.
       ``(9) To foster cooperation between the Department of the 
     Army, property managers, commercial interests, and State and 
     local agencies in the implementation of sustainable 
     development strategies and investment in facilities made 
     available for purposes of the ARMS Initiative.
       ``(10) To reduce or eliminate the cost of asset disposal 
     prior to a declaration by the Secretary of the Army that 
     property is excess to the needs of the Department of the 
     Army.
       ``(c) Availability of Facilities.--(1) The Secretary of the 
     Army may make any Government-owned, contractor-operated 
     ammunition manufacturing facility of the Department of the 
     Army available for the purposes of the ARMS Initiative.
       ``(2) The authority under paragraph (1) applies to a 
     facility described in that paragraph without regard to 
     whether the facility is active, inactive, in layaway or 
     caretaker status, or is designated (in whole or in part) as 
     excess property under property classification procedures 
     applicable under title II of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 481 et seq.).
       ``(d) Precedence of Provision Over Certain Property 
     Management Laws.--The following provisions of law shall not 
     apply to uses of property or facilities in accordance with 
     this section to the extent that such provisions of law are 
     inconsistent with the exercise of the authority of this 
     section:
       ``(1) Section 2667(a)(3) of this title.
       ``(2) The Federal Property and Administrative Services Act 
     of 1949 (40 U.S.C. 471 et seq.).
       ``(3) Section 321 of the Act of June 30, 1932 (commonly 
     known as the `Economy Act') (40 U.S.C. 303b).
       ``(e) Program Support.--(1) Funds appropriated for purposes 
     of the ARMS Initiative may be used for administrative support 
     and management.
       ``(2) A full annual accounting of such expenses for each 
     fiscal year shall be provided to the Committees on Armed 
     Services and on Appropriations of the Senate and the House of 
     Representatives not later than March 30 of the following 
     fiscal year.

     ``Sec. 4553. Property management contracts and leases

       ``(a) In General.--In the case of each Government-owned, 
     contractor-operated ammunition manufacturing facility of the 
     Department of the Army that is made available for the ARMS 
     Initiative, the Secretary of the Army--
       ``(1) shall make full use of facility use contracts, 
     leases, and other such commercial contractual instruments as 
     may be appropriate;
       ``(2) shall evaluate, on the basis of efficiency, cost, 
     emergency mobilization requirements, and the goals and 
     purposes of the ARMS Initiative, the procurement of services 
     from the property manager, including maintenance, operation, 
     modification, infrastructure, environmental restoration and 
     remediation, and disposal of ammunition manufacturing assets, 
     and other services; and
       ``(3) may, in carrying out paragraphs (1) and (2)--
       ``(A) enter into contracts, and provide for subcontracts, 
     for terms up to 25 years, as the Secretary considers 
     appropriate and consistent with the needs of the Department 
     of the Army and the goals and purposes of the ARMS 
     Initiative; and
       ``(B) use procedures that are authorized to be used under 
     section 2304(c)(5) of this title when the contractor or 
     subcontractor is a source specified in law.
       ``(b) Consideration for Use.--(1) To the extent provided in 
     a contract entered into under this section for the use of 
     property at a Government-owned, contractor-operated 
     ammunition manufacturing facility that is accountable under 
     the contract, the Secretary of the Army may accept 
     consideration for such use that is, in whole or in part, in a 
     form other than--
       ``(A) rental payments; or
       ``(B) revenue generated at the facility.
       ``(2) Forms of consideration acceptable under paragraph (1) 
     for a use of a facility or any property at a facility include 
     the following:
       ``(A) The improvement, maintenance, protection, repair, and 
     restoration of the facility, the property, or any property 
     within the boundaries of the installation where the facility 
     is located.
       ``(B) Reductions in overhead costs.
       ``(C) Reductions in product cost.
       ``(3) The authority under paragraph (1) may be exercised 
     without regard to section 3302(b) of title 31 and any other 
     provision of law.
       ``(c) Reporting Requirement.--Not later than July 1 each 
     year, the Secretary of the Army shall submit to the 
     Committees on Armed Services and on Appropriations of the 
     Senate and the House of Representatives a report on the 
     procedures and controls implemented to carry out this 
     section.

     ``Sec. 4554. ARMS Initiative loan guarantee program

       ``(a) Program Authorized.--Subject to subsection (b), the 
     Secretary of the Army may carry out a loan guarantee program 
     to encourage commercial firms to use ammunition manufacturing 
     facilities under this chapter. Under any such program, the 
     Secretary may guarantee the repayment of any loan made to a 
     commercial firm to fund, in whole or in part, the 
     establishment of a commercial activity to use any such 
     facility under this chapter.
       ``(b) Advanced Budget Authority.--Loan guarantees under 
     this section may not be committed except to the extent that 
     appropriations of budget authority to cover their costs are 
     made in advance, as required by section 504 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661c).
       ``(c) Program Administration.--(1) The Secretary may enter 
     into an agreement with any of the officials named in 
     paragraph (2) under which that official may, for the purposes 
     of this section--
       ``(A) process applications for loan guarantees;
       ``(B) guarantee repayment of loans; and
       ``(C) provide any other services to the Secretary to 
     administer the loan guarantee program.
       ``(2) The officials referred to in paragraph (1) are as 
     follows:
       ``(A) The Administrator of the Small Business 
     Administration.
       ``(B) The head of any appropriate agency in the Department 
     of Agriculture, including--
       ``(i) the Administrator of the Farmers Home Administration; 
     and
       ``(ii) the Administrator of the Rural Development 
     Administration.
       ``(3) Each official authorized to do so under an agreement 
     entered into under paragraph (1) may guarantee loans under 
     this section to commercial firms of any size, notwithstanding 
     any limitations on the size of applicants imposed on other 
     loan guarantee programs that the official administers.
       ``(4) To the extent practicable, each official processing 
     loan guarantee applications under this section pursuant to an 
     agreement entered into under paragraph (1) shall use the same 
     processing procedures as the official uses for processing 
     loan guarantee applications under other loan guarantee 
     programs that the official administers.
       ``(d) Loan Limits.--The maximum amount of loan principal 
     guaranteed during a fiscal year under this section may not 
     exceed--
       ``(1) $20,000,000, with respect to any single borrower; and
       ``(2) $320,000,000 with respect to all borrowers.
       ``(e) Transfer of Funds.--The Secretary of the Army may 
     transfer to an official providing services under subsection 
     (c), and that official may accept, such funds as may be 
     necessary to administer the loan guarantee program under this 
     section.

     ``Sec. 4555. Definitions

       ``In this chapter:
       ``(1) The term `property manager' includes any person or 
     entity managing a facility made available under the ARMS 
     Initiative through a property management contract.
       ``(2) The term `property management contract' includes 
     facility use contracts, site management contracts, leases, 
     and other agreements entered into under the authority of this 
     chapter.''.
       (2) The tables of chapters at the beginning of subtitle B 
     of such title and at the beginning of part IV of such 
     subtitle are amended by inserting after the item relating to 
     chapter 433 the following:


[[Page 14500]]


``434. Armaments Industrial Base............................4551''.....

       (b) Relationship to National Defense Technology and 
     Industrial Base.--(1) Subchapter IV of chapter 148 of title 
     10, United States Code, is amended--
       (A) by redesignating section 2525 as section 2521; and
       (B) by adding at the end the following:

     ``Sec. 2522. Armament retooling and manufacturing

       ``The Secretary of the Army is authorized by chapter 434 of 
     this title to carry out programs for the support of armaments 
     retooling and manufacturing in the national defense 
     industrial and technology base.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by striking the item relating to 
     section 2525 and inserting the following:

``2521. Manufacturing Technology Program.
``2522. Armament retooling and manufacturing.''.

       (c) Repeal of Superseded Law.--The Armament Retooling and 
     Manufacturing Support Act of 1992 (subtitle H of title I of 
     the National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 10 U.S.C. 2501 note)) is repealed.

     SEC. 332. CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.

       (a) Designation of Army Arsenals.--(1) Subsection (a) of 
     section 2474 of title 10, United States Code, is amended by 
     striking paragraph (1) and inserting the following:
       ``(1) The Secretary concerned, or the Secretary of Defense 
     in the case of a Defense Agency, shall designate as a Center 
     of Industrial and Technical Excellence in the recognized core 
     competencies of the designee the following:
       ``(A) Each depot-level activity of the military departments 
     and the Defense Agencies (other than facilities approved for 
     closure or major realignment under the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note)).
       ``(B) Each arsenal of the Army.
       ``(C) Each government-owned, government-operated ammunition 
     plant of the Army.''.
       (2) Paragraph (2) of such subsection is amended--
       (A) by inserting ``of Defense'' after ``The Secretary''; 
     and
       (B) by striking ``depot-level activities'' and inserting 
     ``Centers of Industrial and Technical Excellence''.
       (3) Paragraph (3) of such subsection is amended by striking 
     ``the efficiency and effectiveness of depot-level operations, 
     improve the support provided by depot-level activities'' and 
     inserting ``the efficiency and effectiveness of operations at 
     Centers of Industrial and Technical Excellence, improve the 
     support provided by the Centers''.
       (b) Public-Private Partnerships.--Subsection (b) of such 
     section is amended to read as follows:
       ``(b) Public-Private Partnerships.--(1) To achieve one or 
     more objectives set forth in paragraph (2), the Secretary 
     designating a Center of Industrial and Technical Excellence 
     under subsection (a) shall authorize and encourage the head 
     of the Center to enter into public-private cooperative 
     arrangements that provide any of the following:
       ``(A) For employees of the Center, private industry, or 
     other entities outside the Department of Defense--
       ``(i) to perform (under contract, subcontract, or 
     otherwise) work in any of the core competencies of the 
     Center, including any depot-level maintenance and repair work 
     that involves one or more core competencies of the Center; or
       ``(ii) to perform at the Center depot-level maintenance and 
     repair work that does not involve a core competency of the 
     Center.
       ``(B) For private industry or other entities outside the 
     Department of Defense to use, for any period of time 
     determined to be consistent with the needs of the Department 
     of Defense, any facilities or equipment of the Center that 
     are not fully utilized by a military department for its own 
     production or maintenance requirements.
       ``(2) The objectives for exercising the authority provided 
     in paragraph (1) are as follows:
       ``(A) To maximize the utilization of the capacity of a 
     Center of Industrial and Technical Excellence.
       ``(B) To reduce or eliminate the cost of ownership of a 
     Center by the Department of Defense in such areas of 
     responsibility as operations and maintenance and 
     environmental remediation.
       ``(C) To reduce the cost of products of the Department of 
     Defense produced or maintained at a Center.
       ``(D) To leverage private sector investment in--
       ``(i) such efforts as plant and equipment recapitalization 
     for a Center; and
       ``(ii) the promotion of the undertaking of commercial 
     business ventures at a Center.
       ``(E) To foster cooperation between the armed forces and 
     private industry.
       ``(3) A public-private cooperative arrangement entered into 
     under this subsection shall be known as a `public-private 
     partnership'.
       ``(4) The Secretary designating a Center of Industrial and 
     Technical Excellence under subsection (a) may waive the 
     condition in paragraph (1)(A) and subsection (a)(1) of 
     section 2553 of this title that an article or service must be 
     not available (as defined in subsection (g)(2) of such 
     section) from a United States commercial source in the case 
     of a particular article or service of a public-private 
     partnership if the Secretary determines that the waiver is 
     necessary to achieve one or more objectives set forth in 
     paragraph (2).
       ``(5) In any sale of articles manufactured or services 
     performed by employees of a Center pursuant to a waiver under 
     paragraph (4), the Secretary shall charge the full cost of 
     manufacturing the articles or performing the services, as the 
     case may be. The full cost charged shall include both direct 
     costs and indirect costs.''.
       (c) Private Sector Use of Excess Capacity.--Such section is 
     further amended--
       (1) striking subsection (d);
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Private Sector Use of Excess Capacity.--Any 
     facilities or equipment of a Center of Industrial and 
     Technical Excellence made available to private industry may 
     be used to perform maintenance or to produce goods in order 
     to make more efficient and economical use of Government-owned 
     industrial plants and encourage the creation and preservation 
     of jobs to ensure the availability of a workforce with the 
     necessary manufacturing and maintenance skills to meet the 
     needs of the armed forces.''.
       (d) Crediting of Amounts for Performance.--Subsection (d) 
     of such section, as redesignated by subsection (c)(2), is 
     amended by adding at the end the following: ``Consideration 
     in the form of rental payments or (notwithstanding section 
     3302(b) of title 31) in other forms may be accepted for a use 
     of property accountable under a contract performed pursuant 
     to this section. Notwithstanding section 2667(d) of this 
     title, revenues generated pursuant to this section shall be 
     available for facility operations, maintenance, and 
     environmental restoration at the Center where the leased 
     property is located.''.
       (e) Availability of Excess Equipment to Private-Sector 
     Partners.--Such section is further amended by adding at the 
     end the following:
       ``(e) Availability of Excess Equipment to Private-Sector 
     Partners.--Equipment or facilities of a Center of Industrial 
     and Technical Excellence may be made available for use by a 
     private-sector entity under this section only if--
       ``(1) the use of the equipment or facilities will not have 
     a significant adverse effect on the readiness of the armed 
     forces, as determined by the Secretary concerned or, in the 
     case of a Center in a Defense Agency, by the Secretary of 
     Defense; and
       ``(2) the private-sector entity agrees--
       ``(A) to reimburse the Department of Defense for the direct 
     and indirect costs (including any rental costs) that are 
     attributable to the entity's use of the equipment or 
     facilities, as determined by that Secretary; and
       ``(B) to hold harmless and indemnify the United States 
     from--
       ``(i) any claim for damages or injury to any person or 
     property arising out of the use of the equipment or 
     facilities, except in a case of willful conduct or gross 
     negligence; and
       ``(ii) any liability or claim for damages or injury to any 
     person or property arising out of a decision by the Secretary 
     concerned or the Secretary of Defense to suspend or terminate 
     that use of equipment or facilities during a war or national 
     emergency.
       ``(f) Construction of Provision.--Nothing in this section 
     may be construed to authorize a change, otherwise prohibited 
     by law, from the performance of work at a Center of 
     Industrial and Technical Excellence by Department of Defense 
     personnel to performance by a contractor.''.
       (f) Loan Guarantee Program for Support of Public-Private 
     Partnerships.--Chapter 146 of title 10, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 2475. Centers of Industrial and Technical Excellence: 
       loan guarantee program for support of public-private 
       partnerships

       ``(a) Program Authorized.--Subject to subsection (b), the 
     Secretary of Defense may carry out a loan guarantee program 
     to encourage commercial firms to use Centers of Industrial 
     and Technical Excellence pursuant to section 2474 of this 
     title. Under any such program, the Secretary may guarantee 
     the repayment of any loan made to a commercial firm to fund, 
     in whole or in part, the establishment of public-private 
     partnerships authorized under subsection (b) of such section.
       ``(b) Advanced Budget Authority.--Loan guarantees under 
     this section may not be committed except to the extent that 
     appropriations of budget authority to cover their costs are 
     made in advance, as required by section 504 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661c).
       ``(c) Program Administration.--(1) The Secretary may enter 
     into an agreement with any of the officials named in 
     paragraph (2) under which that official may, for the purposes 
     of this section--
       ``(A) process applications for loan guarantees;
       ``(B) guarantee repayment of loans; and
       ``(C) provide any other services to the Secretary to 
     administer the loan guarantee program.
       ``(2) The officials referred to in paragraph (1) are as 
     follows:
       ``(A) The Administrator of the Small Business 
     Administration.
       ``(B) The head of any appropriate agency in the Department 
     of Agriculture, including--
       ``(i) the Administrator of the Farmers Home Administration; 
     and
       ``(ii) the Administrator of the Rural Development 
     Administration.
       ``(3) Each official authorized to do so under an agreement 
     entered into under paragraph (1)

[[Page 14501]]

     may guarantee loans under this section to commercial firms of 
     any size, notwithstanding any limitations on the size of 
     applicants imposed on other loan guarantee programs that the 
     official administers.
       ``(4) To the extent practicable, each official processing 
     loan guarantee applications under this section pursuant to an 
     agreement entered into under paragraph (1) shall use the same 
     processing procedures as the official uses for processing 
     loan guarantee applications under other loan guarantee 
     programs that the official administers.
       ``(d) Loan Limits.--The maximum amount of loan principal 
     guaranteed during a fiscal year under this section may not 
     exceed--
       ``(1) $20,000,000, with respect to any single borrower; and
       ``(2) $320,000,000 with respect to all borrowers.
       ``(e) Transfer of Funds.--The Secretary of Defense may 
     transfer to an official providing services under subsection 
     (c), and that official may accept, such funds as may be 
     necessary to administer the loan guarantee program under this 
     section.''.
       (g) Use of Working Capital-Funded Facilities.--Section 
     2208(j) of title 10, United States Code, is amended--
       (1) by striking ``contract; and'' in paragraph (1) and all 
     that follows through ``(2) the Department of Defense'' in 
     paragraph (2) and inserting the following: ``contract, and 
     the Department of Defense'';
       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(2) the Secretary would advance the objectives set forth 
     in section 2474(b)(2) of this title by authorizing the 
     facility to do so.''.
       (h) Repeal of General Authority To Lease Excess Depot-Level 
     Equipment and Facilities to Outside Tenants.--Section 2471 of 
     title 10, United States Code, is repealed.
       (i) Clerical Amendments.--The table of sections at the 
     beginning of chapter 146 of such title is amended--
       (1) by striking the item relating to section 2471; and
       (2) by adding at the end the following:

``2475. Centers of Industrial and Technical Excellence: loan guarantee 
              program for support of public-private partnerships.''.

     SEC. 333. EFFECTS OF OUTSOURCING ON OVERHEAD COSTS OF CENTERS 
                   OF INDUSTRIAL AND TECHNICAL EXCELLENCE AND 
                   AMMUNITION PLANTS.

       (a) Findings.--Congress makes the following findings:
       (1) Centers of Industrial and Technical Excellence and 
     ammunition plants of the United States comprise a vital 
     component of the national technology and industrial base that 
     ensures that there is sufficient domestic industrial capacity 
     to meet the needs of the Armed Forces for certain critical 
     defense equipment and supplies in time of war or national 
     emergency.
       (2) Underutilization of the Centers of Industrial and 
     Technical Excellence and ammunition plants in peacetime does 
     not diminish the critical importance of those centers and 
     ammunition plants to the national defense.
       (b) Requirement for Reports.--(1) Subchapter V of chapter 
     148 of title 10, United States Code, is amended by adding at 
     the end the following:

     ``Sec. 2539c. Centers of Industrial and Technical Excellence 
       and ammunition plants of the United States: effects of 
       outsourcing on overhead costs

       ``Not later than 30 days before any official of the 
     Department of Defense enters into a contract with a private 
     sector source for the performance of a workload already being 
     performed by more than 50 employees at a Center of Industrial 
     and Technical Excellence designated under section 2474(a) of 
     this title or an ammunition plant of the United States, the 
     Secretary of Defense shall submit to Congress a report 
     describing the effect that the performance and administration 
     of the contract will have on the overhead costs of the center 
     or ammunition plant, as the case may be.''.
       (2) The table of sections at the beginning of subchapter V 
     of such chapter is amended by adding at the end the 
     following:

``2539c. Centers of Industrial and Technical Excellence and ammunition 
              plants of the United States: effects of outsourcing on 
              overhead costs.''.

     SEC. 334. REVISION OF AUTHORITY TO WAIVE LIMITATION ON 
                   PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.

       Section 2466(c) of title 10, United States Code, is amended 
     to read as follows:
       ``(c) Waiver of Limitation.--The President may waive the 
     limitation in subsection (a) for a fiscal year if--
       ``(1) the President determines that--
       ``(A) the waiver is necessary for reasons of national 
     security; and
       ``(B) compliance with the limitation cannot be achieved 
     through effective management of depot operations consistent 
     with those reasons; and
       ``(2) the President submits to Congress a notification of 
     the waiver together with a discussion of the reasons for the 
     waiver.''.

     SEC. 335. UNUTILIZED AND UNDERUTILIZED PLANT-CAPACITY COSTS 
                   OF UNITED STATES ARSENALS.

       (a) In General.--(1) The Secretary of the Army shall submit 
     to Congress each year, together with the President's budget 
     for the fiscal year beginning in such year under section 
     1105(a) of title 31, an estimate of the funds to be required 
     in the fiscal year in order to cover the costs of operating 
     and maintaining unutilized and underutilized plant capacity 
     at United States arsenals.
       (2) Funds appropriated to the Secretary for a fiscal year 
     for costs described in paragraph (1) shall be utilized by the 
     Secretary in such fiscal year only to cover such costs.
       (3) Notwithstanding any other provision of law, the 
     Secretary shall not include unutilized or underutilized 
     plant-capacity costs when evaluating an arsenal's bid for 
     purposes of the arsenal's contracting to provide a good or 
     service to a United States Government organization. When an 
     arsenal is subcontracting to a private-sector entity on a 
     good or service to be provided to a United States Government 
     organization, the cost charged by the arsenal shall not 
     include unutilized or underutilized plant-capacity costs that 
     are funded by a direct appropriation.
       (b) Definition.--For purposes of this section, the term 
     ``unutilized and underutilized plant-capacity cost'' shall 
     mean the cost associated with operating and maintaining 
     arsenal facilities and equipment that the Secretary of the 
     Army determines are required to be kept for mobilization 
     needs, in those months in which the facilities and equipment 
     are not used or are used only 20 percent or less of available 
     work days.

                  Subtitle E--Environmental Provisions

     SEC. 341. ENVIRONMENTAL RESTORATION ACCOUNTS.

       (a) Additional Account for Formerly Used Defense Sites.--
     Subsection (a) of section 2703 of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5) An account to be known as the `Environmental 
     Restoration Account, Formerly Used Defense Sites'.''.
       (b) Accounts as Sole Source of Funds for Operation and 
     Monitoring of Environmental Remedies.--That section is 
     further amended by adding at the end the following:
       ``(f) Accounts as Sole Source of Funds for Environmental 
     Remedies.--(1) The sole source of funds for the long-term 
     operation and monitoring of an environmental remedy at a 
     facility under the jurisdiction of the Department of Defense 
     shall be the applicable environmental restoration account 
     under subsection (a).
       ``(2) In this subsection, the term `environmental remedy' 
     shall have the meaning given the term `remedy' under section 
     101(24) of CERCLA (42 U.S.C. 9601(24)).''.

     SEC. 342. PAYMENT OF FINES AND PENALTIES FOR ENVIRONMENTAL 
                   COMPLIANCE VIOLATIONS.

       (a) Payment of Fines and Penalties.--(1) Chapter 160 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 2710. Environmental compliance: payment of fines and 
       penalties for violations

       ``(a) In General.--The Secretary of Defense or the 
     Secretary of a military department may not pay a fine or 
     penalty for an environmental compliance violation that is 
     imposed by a Federal agency against the Department of Defense 
     or such military department, as the case may be, unless the 
     payment of the fine or penalty is specifically authorized by 
     law, if the amount of the fine or penalty (including any 
     supplemental environmental projects carried out as part of 
     such penalty) is $1,500,000 or more.
       ``(b) Definitions.--In this section:
       ``(1)(A) Except as provided in subparagraph (B), the term 
     `environmental compliance', in the case of on-going 
     operations, functions, or activities at a Department of 
     Defense facility, means the activities necessary to ensure 
     that such operations, functions, or activities meet 
     requirements under applicable environmental law.
       ``(B) The term does not include operations, functions, or 
     activities relating to environmental restoration under this 
     chapter that are conducted using funds in an environmental 
     restoration account under section 2703(a) of this title.
       ``(2) The term `violation', in the case of environmental 
     compliance, means an act or omission resulting in the failure 
     to ensure the compliance.
       ``(c) Expiration of Prohibition.--This section does not 
     apply to any part of a violation described in subsection (a) 
     that occurs on or after the date that is three years after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2001.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``2710. Environmental compliance: payment of fines and penalties for 
              violations.''.
       (b) Applicability.--(1) Section 2710 of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     on the date of the enactment of this Act.
       (2) Subsection (a)(1) of that section, as so added, shall 
     not apply with respect to any supplemental environmental 
     projects referred to in that subsection that were agreed to 
     before the date of the enactment of this Act.

     SEC. 343. ANNUAL REPORTS UNDER STRATEGIC ENVIRONMENTAL 
                   RESEARCH AND DEVELOPMENT PROGRAM.

       (a) Repeal of Requirement for Annual Report from Scientific 
     Advisory Board.--Section 2904 of title 10, United States 
     Code, is amended--
       (1) by striking subsection (h); and
       (2) by redesignating subsection (i) as subsection (h).
       (b) Inclusion of Actions of Board in Annual Reports of 
     Council.--Section 2902(d)(3) of such title is amended by 
     adding at the end the following subparagraph:
       ``(D) A summary of the actions of the Strategic 
     Environmental Research and Development

[[Page 14502]]

     Program Scientific Advisory Board during the year preceding 
     the year in which the report is submitted and any 
     recommendations, including recommendations on program 
     direction and legislation, that the Advisory Board considers 
     appropriate regarding the program.''.

     SEC. 344. PAYMENT OF FINES OR PENALTIES IMPOSED FOR 
                   ENVIRONMENTAL COMPLIANCE VIOLATIONS AT CERTAIN 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Army.--The Secretary of the Army may, from amounts 
     authorized to be appropriated for the Army by this title and 
     available for such purpose, utilize amounts for the purposes 
     and at the locations, as follows:
       (1) $993,000 for a Supplemental Environmental Project to 
     implement an installation-wide hazardous substance management 
     system at Walter Reed Army Medical Center, Washington, 
     District of Columbia, in satisfaction of a fine imposed by 
     Environmental Protection Agency Region 3 under the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).
       (2) $377,250 for a Supplemental Environmental Project to 
     install new parts washers at Fort Campbell, Kentucky, in 
     satisfaction of a fine imposed by Environmental Protection 
     Agency Region 4 under the Solid Waste Disposal Act.
       (3) $20,701 for a Supplemental Environmental Project to 
     upgrade the wastewater treatment plant at Fort Gordon, 
     Georgia, in satisfaction of a fine imposed by the State of 
     Georgia under the Solid Waste Disposal Act.
       (4) $78,500 for Supplemental Environmental Projects to 
     reduce the generation of hazardous waste at Pueblo Chemical 
     Depot, Colorado, in satisfaction of a fine imposed by the 
     State of Colorado under the Solid Waste Disposal Act.
       (5) $20,000 for a Supplemental Environmental Project to 
     repair cracks in floors of igloos used to store munitions 
     hazardous waste at Deseret Chemical Depot, Utah, in 
     satisfaction of a fine imposed by the State of Utah under the 
     Solid Waste Disposal Act.
       (6) $7,975 for payment to the Texas Natural Resource 
     Conservation Commission of a cash fine for permit violations 
     assessed under the Solid Waste Disposal Act.
       (b) Navy.--The Secretary of the Navy may, from amounts 
     authorized to be appropriated for the Navy by this title and 
     available for such purpose, utilize amounts for the purposes 
     and at the locations, as follows:
       (1) $108,800 for payment to the West Virginia Division of 
     Environmental Protection of a cash penalty with respect to 
     Allegany Ballistics Laboratory, West Virginia, under the 
     Solid Waste Disposal Act.
       (2) $5,000 for payment to Environmental Protection Agency 
     Region 6 of a cash penalty with respect to Naval Air Station, 
     Corpus Christi, Texas, under the Clean Air Act (42 U.S.C. 
     7401).

     SEC. 345. REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH 
                   THE FORMER NANSEMOND ORDNANCE DEPOT SITE, 
                   SUFFOLK, VIRGINIA.

       (a) Authority.--The Secretary of Defense may pay, using 
     funds described in subsection (b), not more than $98,210 to 
     the Former Nansemond Ordnance Depot Site Special Account 
     within the Hazardous Substance Superfund established by 
     section 9507 of the Internal Revenue Code of 1986 (26 U.S.C. 
     9507) to reimburse the Environmental Protection Agency for 
     costs incurred by the agency in overseeing a time critical 
     removal action under CERCLA being performed by the Department 
     of Defense under the Defense Environmental Restoration 
     Program for ordnance and explosive safety hazards at the 
     Former Nansemond Ordnance Depot Site, Suffolk, Virginia, 
     pursuant to an Interagency Agreement entered into by the 
     Department of the Army and the Environmental Protection 
     Agency on January 3, 2000.
       (b) Source of Funds.--Any payment under subsection (a) 
     shall be made using amounts authorized to be appropriated by 
     section 301 to the Environmental Restoration Account, 
     Formerly Used Defense Sites, established by paragraph (5) of 
     section 2703(a) of title 10, United States Code, as added by 
     section 341(a) of this Act.
       (c) Definitions.--In this section:
       (1) The term ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (2) The term ``Defense Environmental Restoration Program'' 
     means the program of environmental restoration carried out 
     under chapter 160 of title 10, United States Code.

     SEC. 346. ENVIRONMENTAL RESTORATION ACTIVITIES.

       (a) Authority To Use Funds for Facilities Relocation.--
     During the period beginning on October 1, 2000, and ending on 
     September 30, 2003, the Secretary concerned may use funds 
     available under section 2703 of title 10, United States Code, 
     to pay for the costs of permanently relocating facilities 
     because of a release or threatened release of hazardous 
     substances, pollutants, or contaminants from--
       (1) real property or facilities currently under the 
     jurisdiction of the Secretary of Defense; or
       (2) real property or facilities that were under the 
     jurisdiction of the Secretary of Defense at the time of the 
     actions leading to such release or threatened release.
       (b) Limitations.--(1) The Secretary concerned may not pay 
     the costs of permanently relocating facilities under 
     subsection (a) unless the Secretary concerned determines in 
     writing that such permanent relocation of facilities is part 
     of a response action that--
       (A) has the support of the affected community;
       (B) has the approval of relevant regulatory agencies; and
       (C) is the most cost effective response action available.
       (2) Not more than 5 percent of the funds available under 
     section 2703 of title 10, United States Code, in any fiscal 
     year may be used to pay the costs of permanently relocating 
     facilities pursuant to the authority in subsection (a).
       (c) Reports.--(1) Not later than November 30 of each of 
     2001, 2002, and 2003, the Secretary of Defense shall submit 
     to Congress a report on each response action for which a 
     written determination has been made under subsection (b)(1) 
     in the fiscal year ending in such year.
       (2) Each report for a fiscal year under paragraph (1) shall 
     contain the following:
       (A) A copy of each written determination under subsection 
     (b)(1) during such fiscal year.
       (B) A description of the response action taken or to be 
     taken in connection with each such written determination.
       (C) A statement of the costs incurred or to be incurred in 
     connection with the permanent relocation of facilities 
     covered by each such written determination.
       (d) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' means the following:
       (1) The Secretary of a military department, with regard to 
     real property or facilities for which such military 
     department is the lead agency.
       (2) The Secretary of Defense, for any other real property 
     or facilities.

     SEC. 347. SHIP DISPOSAL PROJECT.

       (a) Continuation of Project.--(1) Subject to the provisions 
     of this subsection, the Secretary of the Navy shall continue 
     to carry out a ship disposal project within the United States 
     during fiscal year 2001.
       (2) The scope of the ship disposal project shall be 
     sufficient to permit the Secretary to assemble appropriate 
     data on the cost of scrapping ships.
       (3) The Secretary shall use competitive procedures to award 
     all task orders under the primary contracts under the ship 
     disposal project.
       (b) Report.--Not later than December 31, 2000, the 
     Secretary shall submit to the congressional defense 
     committees a report on the ship disposal project referred to 
     in subsection (a). The report shall contain the following:
       (1) A description of the competitive procedures used for 
     the solicitation and award of all task orders under the 
     project.
       (2) A description of the task orders awarded under the 
     project.
       (3) An assessment of the results of the project as of the 
     date of the report, including the performance of contractors 
     under the project.
       (4) The proposed strategy of the Navy for future 
     procurement of ship scrapping activities.

     SEC. 348. REPORT ON DEFENSE ENVIRONMENTAL SECURITY CORPORATE 
                   INFORMATION MANAGEMENT PROGRAM.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the Defense Environmental Security Corporate Information 
     Management program.
       (b) Report Elements.--The report under subsection (a) shall 
     include the following elements:
       (1) The recommendations of the Secretary for the future 
     mission of the Defense Environmental Security Corporate 
     Information Management program.
       (2) A discussion of the means by which the program will 
     address or provide the following:
       (A) Information access procedures which keep pace with 
     current and evolving requirements for information access.
       (B) Data standardization and systems integration.
       (C) Product failures and cost-effective results.
       (D) User confidence and utilization.
       (E) Program continuity.
       (F) Program accountability, including accountability for 
     all past, current, and future activities funded under the 
     program.
       (G) Program management and oversight.
       (H) Program compliance with applicable requirements of the 
     Clinger-Cohen Act of 1996 (divisions D and E of Public Law 
     104-106) and applicable requirements under other provisions 
     of law.

     SEC. 349. REPORT ON PLASMA ENERGY PYROLYSIS SYSTEM.

       (a) Report Required.--Not later than October 1, 2000, the 
     Secretary of the Army shall submit to the congressional 
     defense committees a report on the Plasma Energy Pyrolysis 
     System (PEPS).
       (b) Report Elements.--The report on the Plasma Energy 
     Pyrolysis System under subsection (a) shall include the 
     following:
       (1) An analysis of available information and data on the 
     fixed-transportable unit demonstration phase of the System 
     and on the mobile unit demonstration phase of the System.
       (2) Recommendations regarding future applications for each 
     phase of the System described in paragraph (1).
       (3) A statement of the projected funding for such future 
     applications.

                       Subtitle F--Other Matters

     SEC. 361. EFFECTS OF WORLDWIDE CONTINGENCY OPERATIONS ON 
                   READINESS OF CERTAIN MILITARY AIRCRAFT AND 
                   EQUIPMENT.

       (a) Requirement for Report.--The Secretary of Defense shall 
     submit to Congress, not later than 180 days after the date of 
     the enactment of this Act, a report on--
       (1) the effects of worldwide contingency operations of the 
     Navy, Marine Corps, and Air Force on the readiness of 
     aircraft of those Armed Forces; and

[[Page 14503]]

       (2) the effects of worldwide contingency operations of the 
     Army and Marine Corps on the readiness of ground equipment of 
     those Armed Forces.
       (b) Content of Report.--The report shall contain the 
     Secretary's assessment of the effects of the contingency 
     operations referred to in subsection (a) on the capability of 
     the Department of Defense to maintain a high level of 
     equipment readiness and to manage a high operating tempo for 
     the aircraft and ground equipment.
       (c) Effects on Aircraft.--The assessment contained in the 
     report shall address, with respect to aircraft, the following 
     effects:
       (1) The effects of the contingency operations carried out 
     during fiscal years 1995 through 2000 on the aircraft of each 
     of the Navy, Marine Corps, and Air Force in each category of 
     aircraft, as follows:
       (A) Combat tactical aircraft.
       (B) Strategic aircraft.
       (C) Combat support aircraft.
       (D) Combat service support aircraft.
       (2) The types of adverse effects on the aircraft of each of 
     the Navy, Marine Corps, and Air Force in each category of 
     aircraft specified in paragraph (1) resulting from 
     contingency operations, as follows:
       (A) Patrolling in no-fly zones--
       (i) over Iraq in Operation Northern Watch;
       (ii) over Iraq in Operation Southern Watch; and
       (iii) over the Balkans in Operation Allied Force.
       (B) Air operations in the NATO air war against Serbia in 
     Operation Sky Anvil, Operation Noble Anvil, and Operation 
     Allied Force.
       (C) Air operations in Operation Shining Hope in Kosovo.
       (D) All other activities within the general context of 
     worldwide contingency operations.
       (3) Any other effects that the Secretary considers 
     appropriate in carrying out subsection (a).
       (d) Effects on Ground Equipment.--The assessment contained 
     in the report shall address, with respect to ground 
     equipment, the following effects:
       (1) The effects of the contingency operations carried out 
     during fiscal years 1995 through 2000 on the ground equipment 
     of each of the Army and Marine Corps.
       (2) Any other effects that the Secretary considers 
     appropriate in carrying out subsection (a).

     SEC. 362. REALISTIC BUDGETING FOR READINESS REQUIREMENTS OF 
                   THE ARMY.

       (a) Requirement for New Methodology.--The Secretary of the 
     Army shall develop a new methodology for preparing budget 
     requests for operation and maintenance that can be used to 
     ensure that the budget requests for operation and maintenance 
     for future fiscal years more accurately reflect the Army's 
     requirements than do the budget requests that have been 
     submitted to Congress for fiscal year 2001 and preceding 
     fiscal years.
       (b) Sense of Congress on the New Methodology.--It is the 
     sense of Congress that--
       (1) the methodology should provide for the determination of 
     the budget levels to request for operation and maintenance to 
     be based on--
       (A) the level of training that must be conducted in order 
     to maintain essential readiness;
       (B) the cost of conducting the training at that level; and
       (C) the costs of all other Army operations, including the 
     cost of meeting infrastructure requirements; and
       (2) the Secretary should use the new methodology in the 
     preparation of the budget requests for operation and 
     maintenance for fiscal years after fiscal year 2001.

     SEC. 363. ADDITIONS TO PLAN FOR ENSURING VISIBILITY OVER ALL 
                   IN-TRANSIT END ITEMS AND SECONDARY ITEMS.

       (a) Required Additions.--Subsection (d) of section 349 of 
     the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1981; 10 
     U.S.C. 2458 note) is amended--
       (1) by inserting before the period at the end of paragraph 
     (1) ``, including specific actions to address underlying 
     weaknesses in the controls over items being shipped''; and
       (2) by adding at the end the following:
       ``(5) The key management elements for monitoring, and for 
     measuring the progress achieved in, the implementation of the 
     plan, including--
       ``(A) the assignment of oversight responsibility for each 
     action identified pursuant to paragraph (1);
       ``(B) a description of the resources required for 
     oversight; and
       ``(C) an estimate of the annual cost of oversight.''.
       (b) Conforming Amendments.--(1) Subsection (a) of such 
     section is amended by striking ``Not later than'' and all 
     that follows through ``Congress'' and inserting ``The 
     Secretary of Defense shall prescribe and carry out''.
       (2) Such section is further amended by adding at the end 
     the following:
       ``(f) Submissions to Congress.--After the Secretary submits 
     the plan to Congress (on a date not later than March 1, 
     1999), the Secretary shall submit to Congress any revisions 
     to the plan that are required by any law enacted after 
     October 17, 1998. The revisions so made shall be submitted 
     not later than 180 days after the date of the enactment of 
     the law requiring the revisions.''.
       (3) Subsection (e)(1) of such section is amended by 
     striking ``submits the plan'' and inserting ``submits the 
     initial plan''.

     SEC. 364. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT 
                   CHEMICAL WEAPONS STORAGE INSTALLATIONS.

       (a) Restriction on Conversion.--The Secretary of the Army 
     may not convert to contractor performance the emergency 
     response functions of any chemical weapons storage 
     installation that, as of the date of the enactment of this 
     Act, are performed for that installation by employees of the 
     United States until the certification required by subsection 
     (c) has been submitted in accordance with that subsection.
       (b) Covered Installations.--For the purposes of this 
     section, a chemical weapons storage installation is any 
     installation of the Department of Defense on which lethal 
     chemical agents or munitions are stored.
       (c) Certification Requirement.--The Secretary of the Army 
     shall certify in writing to the Committees on Armed Services 
     of the Senate and the House of Representatives that, to 
     ensure that there will be no lapse of capability to perform 
     the chemical weapon emergency response mission at a chemical 
     weapons storage installation during any transition to 
     contractor performance of those functions at that 
     installation, the plan for conversion of the performance of 
     those functions--
       (1) is consistent with the recommendation contained in 
     General Accounting Office Report NSIAD-00-88, entitled ``DoD 
     Competitive Sourcing'', dated March 2000; and
       (2) provides for a transition to contractor performance of 
     emergency response functions which ensures an adequate 
     transfer of the relevant knowledge and expertise regarding 
     chemical weapon emergency response to the contractor 
     personnel.

     SEC. 365. CONGRESSIONAL NOTIFICATION OF USE OF RADIO 
                   FREQUENCY SPECTRUM BY A SYSTEM ENTERING 
                   ENGINEERING AND MANUFACTURING DEVELOPMENT.

       Before a decision is made to enter into the engineering and 
     manufacturing development phase of a program for the 
     acquisition of a system that is to use the radio frequency 
     spectrum, the Secretary of Defense shall submit to the 
     congressional defense committees a report setting forth the 
     following:
       (1) The frequency or frequencies that the system will use.
       (2) A statement of whether the Department of Defense is, or 
     is to be, designated as the primary user of the particular 
     frequency or frequencies.
       (3) If not, the unique technical characteristics that make 
     it necessary to use the particular frequency or frequencies.
       (4) A description of the protections that the Department of 
     Defense has been given to ensure that it will not incur costs 
     as a result of current or future interference from other 
     users of the particular frequency or frequencies.

     SEC. 366. MONITORING OF VALUE OF PERFORMANCE OF DEPARTMENT OF 
                   DEFENSE FUNCTIONS BY WORKFORCES SELECTED FROM 
                   BETWEEN PUBLIC AND PRIVATE WORKFORCES.

       (a) Requirement for a Monitoring System.--(1) Chapter 146 
     of title 10, United States Code, as amended by section 
     332(f), is further amended by adding at the end the 
     following:

     ``Sec. 2476. Public-private workforce selections: system for 
       monitoring value

       ``(a) System for Monitoring Performance.--(1) The Secretary 
     of Defense shall establish a system for monitoring the 
     performance of functions of the Department of Defense that--
       ``(A) are performed by 50 or more employees of the 
     department; and
       ``(B) have been subjected to a workforce review.
       ``(2) In this section, the term `workforce review', with 
     respect to a function, is a review to determine whether the 
     function should be performed by a workforce composed of 
     Federal Government employees or by a private sector 
     workforce, and includes any review for that purpose that is 
     carried out under, or is associated with, the following:
       ``(A) Office of Management and Budget Circular A-76.
       ``(B) A strategic sourcing.
       ``(C) A base closure or realignment.
       ``(D) Any other reorganization, privatization, or 
     reengineering of an organization.
       ``(b) Performance Measurements.--The system for monitoring 
     the performance of a function shall provide for the 
     measurement of the costs and benefits resulting from the 
     selection of one workforce over the other workforce pursuant 
     to a workforce review, as follows:
       ``(1) The costs incurred.
       ``(2) The savings derived.
       ``(3) The value of the performance by the selected 
     workforce measured against the costs of the performance of 
     that function by the workforce performing the function as of 
     the beginning of the workforce review, as the workforce then 
     performing the function was organized.
       ``(c) Annual Report.--The Secretary shall submit to 
     Congress, not later than February 1 of each fiscal year, a 
     report on the measurable value of the performance during the 
     preceding fiscal year of the functions that have been 
     subjected to a workforce review, as determined under the 
     monitoring system established under subsection (a). The 
     report shall display the findings separately for each of the 
     armed forces and for each Defense Agency.
       ``(d) Consideration in Preparation of Future-Years Defense 
     Program.--In preparing the future-years defense program under 
     section

[[Page 14504]]

     221 of this title, the Secretary of Defense shall, for the 
     fiscal years covered by the program, estimate and take into 
     account the costs to be incurred and the savings to be 
     derived from the performance of functions by workforces 
     selected in workforce reviews. The Secretary shall consider 
     the results of the monitoring under this section in making 
     the estimates.''.
       (2) The table of sections at the beginning of such chapter, 
     as amended by section 332(i)(2), is further amended by adding 
     at the end the following:

``2476. Public-private workforce selections: system for monitoring 
              value.''.
       (b) Content of Congressional Notification of Conversions.--
     Paragraph (1) of section 2461(c) of title 10, United States 
     Code, is amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (F) and (G);
       (2) by inserting after subparagraph (B), the following new 
     subparagraph (C):
       ``(C) The Secretary's certification that the factors 
     considered in the examinations performed under subsection 
     (b)(3), and in the making of the decision to change 
     performance, did not include any predetermined personnel 
     constraint or limitation in terms of man years, end strength, 
     full-time equivalent positions, or maximum number of 
     employees.''; and
       (3) by inserting after subparagraph (D), as redesignated by 
     paragraph (1), the following new subparagraph (E):
       ``(E) A statement of the potential economic effect of the 
     change on each affected local community, as determined in the 
     examination under subsection (b)(3)(B)(ii).''.

     SEC. 367. SUSPENSION OF REORGANIZATION OF NAVAL AUDIT 
                   SERVICE.

       The Secretary of the Navy shall cease any consolidations, 
     involuntary transfers, buy-outs, or reductions in force of 
     the workforce of auditors and administrative support 
     personnel of the Naval Audit Service that are associated with 
     the reorganization or relocation of the performance of the 
     auditing functions of the Navy until 60 days after the date 
     on which the Secretary submits to the congressional defense 
     committees a report that sets forth in detail the Navy's 
     plans and justification for the reorganization or relocation, 
     as the case may be.

     SEC. 368. INVESTMENT OF COMMISSARY TRUST REVOLVING FUND.

       Section 2486 of title 10, United States Code, is amended--
       (1) in subsection (g)(5), by striking ``(5) In this 
     subsection'' and inserting ``(i) Commissary Trust Revolving 
     Fund Defined.--In this section''; and
       (2) by inserting after subsection (g)(4) the following:
       ``(h) Investment of Commissary Trust Revolving Fund.--The 
     Secretary of Defense shall invest such portion of the 
     commissary trust revolving fund as is not, in the judgment of 
     the Secretary, required to meet current withdrawals. The 
     investments shall be in public debt securities with 
     maturities suitable to the needs of the fund, as determined 
     by the Secretary, and bearing interest at rates determined by 
     the Secretary of the Treasury, taking into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable maturities. The income 
     derived from the investments shall be credited to and form a 
     part of the fund.''.

     SEC. 369. ECONOMIC PROCUREMENT OF DISTILLED SPIRITS.

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

     SEC. 370. RESALE OF ARMOR-PIERCING AMMUNITION DISPOSED OF BY 
                   THE ARMY.

       (a) Restriction.--(1) Chapter 443 of title 10, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 4688. Armor-piercing ammunition and components: 
       condition on disposal

       ``(a) Limitation on Resale or Other Transfer.--Except as 
     provided in subsection (b), whenever the Secretary of the 
     Army carries out a disposal (by sale or otherwise) of armor-
     piercing ammunition, or a component of armor-piercing 
     ammunition, the Secretary shall require as a condition of the 
     disposal that the recipient agree in writing not to sell or 
     otherwise transfer any of the ammunition (reconditioned or 
     otherwise), or any armor-piercing component of that 
     ammunition, to any purchaser in the United States other than 
     a law enforcement or other governmental agency.
       ``(b) Exception.--Subsection (a) does not apply to a 
     transfer of a component of armor-piercing ammunition solely 
     for the purpose of metal reclamation by means of a 
     destructive process such as melting, crushing, or shredding.
       ``(c) Special Rule for Non-Armor-Piercing Components.--A 
     component of the armor-piercing ammunition that is not itself 
     armor-piercing and is not subjected to metal reclamation as 
     described in subsection (b) may not be used as a component in 
     the production of new or remanufactured armor-piercing 
     ammunition other than for sale to a law enforcement or other 
     governmental agency or for a government-to-government sale or 
     commercial export to a foreign government under the Arms 
     Export Control Act.
       ``(d) Definition.--In this section, the term `armor-
     piercing ammunition' means a center-fire cartridge the 
     military designation of which includes the term `armor 
     penetrator' or `armor-piercing', including a center-fire 
     cartridge designated as armor-piercing incendiary (API) or 
     armor-piercing incendiary-tracer (API-T).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``4688. Armor-piercing ammunition and components: condition on 
              disposal.''.
       (b) Applicability.--Section 4688 of title 10, United States 
     Code (as added by subsection (a)), shall apply with respect 
     to any disposal of ammunition or components referred to in 
     that section after the date of the enactment of this Act.

     SEC. 371. DAMAGE TO AVIATION FACILITIES CAUSED BY ALKALI 
                   SILICA REACTIVITY.

       (a) Assessment Required.--The Secretary of Defense shall 
     assess the damage caused to aviation facilities of the 
     Department of Defense by alkali silica reactivity. In making 
     the assessment, the Secretary shall review the department's 
     aviation facilities throughout the world.
       (b) Damage Prevention and Mitigation Plan.--(1) Taking into 
     consideration the assessment under subsection (a), the 
     Secretary may develop and, during fiscal years 2001 through 
     2006, carry out a plan to prevent and mitigate damage to the 
     aviation facilities of the Department of Defense as a result 
     of alkali silica reactivity.
       (2) A plan developed under paragraph shall provide for the 
     following:
       (A) Treatment of alkali silica reactivity in pavement and 
     structures at a selected test site.
       (B) The demonstration and deployment of technologies 
     capable of mitigating alkali silica reactivity in hardened 
     concrete structures and pavements.
       (C) The promulgation of specific guidelines for appropriate 
     testing and use of lithium salts to prevent alkali silica 
     reactivity in new construction.
       (c) Delegation of Authority.--The Secretary shall direct 
     the Chief of Engineers of the Army and the Commander of the 
     Naval Facilities Engineering Command to carry out the 
     assessment required by subsection (a) and to develop and 
     carry out the plan required by subsection (b).
       (d) Funding.--Of the amounts authorized to be appropriated 
     under section 301, not more than $5,000,000 is available for 
     carrying out this section.

     SEC. 372. REAUTHORIZATION OF PILOT PROGRAM FOR ACCEPTANCE AND 
                   USE OF LANDING FEES CHARGED FOR USE OF DOMESTIC 
                   MILITARY AIRFIELDS BY CIVIL AIRCRAFT.

       (a) Reauthorization.--Subsection (a) of section 377 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 112 Stat. 1993; 10 U.S.C. 113 
     note) is amended as follows:
       (1) by striking ``1999 and 2000'' and inserting ``2001 
     through 2010''; and
       (2) by striking the second sentence and inserting ``The 
     pilot program under this section may not be carried out after 
     September 30, 2010.''.
       (b) Fees Collected.--Subsection (b) of such section is 
     amended to read as follows:
       ``(b) Landing Fee Defined.--For the purposes of this 
     section, the term `landing fee' means any fee that is 
     established under or in accordance with regulations of the 
     military department concerned (whether prescribed in a fee 
     schedule or imposed under a joint-use agreement) to recover 
     costs incurred for use by civil aircraft of an airfield of 
     the military department in the United States or in a 
     territory or possession of the United States.''.
       (c) Use of Proceeds.--Subsection (c) of such section is 
     amended by striking ``Amounts received for a fiscal year in 
     payment of landing fees imposed under the pilot program for 
     use of a military airfield'' and inserting ``Amounts received 
     in payment of landing fees for use of a military airfield in 
     a fiscal year of the pilot program''.
       (d) Report.--Subsection (d) of such section is amended--
       (1) by striking ``March 31, 2000,'' and inserting ``March 
     31, 2003,''; and
       (2) by striking ``December 31, 1999'' and inserting 
     ``December 31, 2002''.

     SEC. 373. REIMBURSEMENT BY CIVIL AIR CARRIERS FOR SUPPORT 
                   PROVIDED AT JOHNSTON ATOLL.

       (a) In General.--Chapter 949 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 9783. Johnston Atoll: reimbursement for support 
       provided to civil air carriers

       ``(a) Authority of the Secretary.--The Secretary of the Air 
     Force may, under regulations prescribed by the Secretary, 
     require payment by a civil air carrier for support provided 
     by the United States to the carrier at Johnston Atoll that is 
     either--
       ``(1) requested by the civil air carrier; or
       ``(2) determined under the regulations as being necessary 
     to accommodate the civil air carrier's use of Johnston Atoll.
       ``(b) Amount of Charges.--Any amount charged an air carrier 
     under subsection (a) for support shall be equal to the total 
     amount of the actual costs to the United States of providing 
     the support. The amount charged may not include any amount 
     for an item of support that does not satisfy a condition 
     described in paragraph (1) or (2) of subsection (a).
       ``(c) Relationship to Landing Fees.--No landing fee shall 
     be charged an air carrier for a landing of an aircraft of the 
     air carrier at Johnston Atoll if the air carrier is charged 
     under subsection (a) for support provided to the air carrier.
       ``(d) Disposition of Payments.--(1) Notwithstanding any 
     other provision of law, amounts

[[Page 14505]]

     collected from an air carrier under this section shall be 
     credited to appropriations available for the fiscal year in 
     which collected, as follows:
       ``(A) For support provided by the Air Force, to 
     appropriations available for the Air Force for operation and 
     maintenance.
       ``(B) For support provided by the Army, to appropriations 
     available for the Army for chemical demilitarization.
       ``(2) Amounts credited to an appropriation under paragraph 
     (1) shall be merged with funds in that appropriation and 
     shall be available, without further appropriation, for the 
     purposes and period for which the appropriation is available.
       ``(e) Definitions.--In this section:
       ``(1) The term `civil air carrier' means an air carrier (as 
     defined in section 40101(a)(2) of title 49) that is issued a 
     certificate of public convenience and necessity under section 
     41102 of such title.
       ``(2) The term `support' includes fuel, fire rescue, use of 
     facilities, improvements necessary to accommodate use by 
     civil air carriers, police, safety, housing, food, air 
     traffic control, suspension of military operations on the 
     island (including operations at the Johnston Atoll Chemical 
     Agent Demilitarization System), repairs, and any other 
     construction, services, or supplies.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``9783. Johnston Atoll: reimbursement for support provided to civil air 
              carriers.''.

     SEC. 374. REVIEW OF COSTS OF MAINTAINING HISTORICAL 
                   PROPERTIES.

       (a) Requirement for Review.--The Comptroller General of the 
     United States shall conduct a review of the annual costs 
     incurred by the Department of Defense to comply with the 
     requirements of the National Historic Preservation Act (16 
     U.S.C. 470 et seq.).
       (b) Report.--Not later than February 28, 2001, the 
     Comptroller General shall submit to the congressional defense 
     committees a report on the results of the review. The report 
     shall contain the following:
       (1) For each military department and Defense Agency and for 
     the Department of Defense in the aggregate, the cost for 
     fiscal year 2000 and the projected costs for the ensuing 10 
     fiscal years.
       (2) An analysis of the cost to maintain only those 
     properties that qualified as historic properties under the 
     National Historic Preservation Act when such Act was 
     originally enacted.
       (3) The accounts used for paying the costs of complying 
     with the requirements of the National Historic Preservation 
     Act.
       (4) For each military department and Defense Agency, the 
     identity of all properties that must be maintained in order 
     to comply with the requirements of the National Historic 
     Preservation Act.

     SEC. 375. EXTENSION OF AUTHORITY TO SELL CERTAIN AIRCRAFT FOR 
                   USE IN WILDFIRE SUPPRESSION.

       Section 2 of the Wildfire Suppression Aircraft Transfer Act 
     of 1996 (Public Law 104-307) is amended--
       (1) in subsection (a)(1) by striking ``September 30, 2000'' 
     and inserting ``September 30, 2005'';
       (2) by adding at the end of subsection (d)(1) the 
     following: ``After taking effect, the regulations shall be 
     effective until the end of the period specified in subsection 
     (a)(1).'';
       (3) in subsection (f), by striking ``March 31, 2000'' and 
     inserting ``March 31, 2005''.

     SEC. 376. OVERSEAS AIRLIFT SERVICE ON CIVIL RESERVE AIR FLEET 
                   AIRCRAFT.

       (a) In General.--Section 41106(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``General.--(1) Except as provided in 
     subsection (b),'' and inserting ``Interstate 
     Transportation.--(1) Except as provided in subsection (d),'';
       (2) in paragraph (1), by striking ``of at least 31 days'';
       (3) by redesignating subsection (b) as subsection (d); and
       (4) by inserting after subsection (a) the following:
       ``(b) Transportation Between the United States and Foreign 
     Locations.--Except as provided in subsection (d), the 
     transportation of passengers or property by transport 
     category aircraft between a place in the United States and a 
     place outside the United States obtained by the Secretary of 
     Defense or the Secretary of a military department through a 
     contract for airlift service may be provided by an air 
     carrier referred to in subsection (a).
       ``(c) Transportation Between Foreign Locations.--The 
     transportation of passengers or property by transport 
     category aircraft between two places outside the United 
     States obtained by the Secretary of Defense or the Secretary 
     of a military department through a contract for airlift 
     service shall be provided by an air carrier that has aircraft 
     in the civil reserve air fleet whenever transportation by 
     such an air carrier is reasonably available.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2000.

     SEC. 377. 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.

     SEC. 378. REVIEW OF AH-64 AIRCRAFT PROGRAM.

       (a) Requirement for Review.--The Comptroller General shall 
     conduct a review of the Army's AH-64 aircraft program to 
     determine the following:
       (1) Whether any of the following conditions exist under the 
     program:
       (A) Obsolete spare parts, rather than spare parts for the 
     latest aircraft configuration, are being procured.
       (B) There is insufficient sustaining system technical 
     support.
       (C) The technical data packages and manuals are obsolete.
       (D) There are unfunded requirements for airframe and 
     component upgrades.
       (2) Whether the readiness of the aircraft is impaired by 
     conditions described in paragraph (1) that are determined to 
     exist.
       (b) Report.--Not later than March 1, 2001, the Comptroller 
     General shall submit to the congressional defense committees 
     a report on the results of the review under subsection (a).

     SEC. 379. ASSISTANCE FOR MAINTENANCE, REPAIR, AND RENOVATION 
                   OF SCHOOL FACILITIES THAT SERVE DEPENDENTS OF 
                   MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
                   DEFENSE CIVILIAN EMPLOYEES.

       (a) Grants Authorized.--Chapter 111 of title 10, United 
     States Code, is amended--
       (1) by redesignating section 2199 as section 2199a; and
       (2) by inserting after section 2198 the following new 
     section:

     ``Sec. 2199. Quality of life education facilities grants

       ``(a) Repair and Renovation Assistance.--(1) The Secretary 
     of Defense may make a grant to an eligible local educational 
     agency to assist the agency to repair and renovate--
       ``(A) an impacted school facility that is used by 
     significant numbers of military dependent students; or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school.
       ``(2) Authorized repair and renovation projects may include 
     repairs and improvements to an impacted school facility 
     (including the grounds of the facility) designed to ensure 
     compliance with the requirements of the Americans with 
     Disabilities Act or local health and safety ordinances, to 
     meet classroom size requirements, or to accommodate school 
     population increases.
       ``(3) The total amount of assistance provided under this 
     subsection to an eligible local educational agency may not 
     exceed $5,000,000 during any period of two fiscal years.
       ``(b) Maintenance Assistance.--(1) The Secretary of Defense 
     may make a grant to an eligible local educational agency 
     whose boundaries are the same as a military installation to 
     assist the agency to maintain an impacted school facility, 
     including the grounds of such a facility.
       ``(2) The total amount of assistance provided under this 
     subsection to an eligible local educational agency may not 
     exceed $250,000 during any fiscal year.
       ``(c) Determination of Eligible Local Educational 
     Agencies.--(1) A local educational agency is an eligible 
     local educational agency under this section only if the 
     Secretary of Defense determines that the local educational 
     agency has--
       ``(A) one or more federally impacted school facilities and 
     satisfies at least one of the additional eligibility 
     requirements specified in paragraph (2); or
       ``(B) a school facility that was a former Department of 
     Defense domestic dependent elementary or secondary school, 
     but assistance provided under this subparagraph may only be 
     used to repair and renovate that facility.
       ``(2) The additional eligibility requirements referred to 
     in paragraph (1) are the following:
       ``(A) The local educational agency is eligible to receive 
     assistance under subsection (f) of section 8003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7703) and at least 10 percent of the students who were in 
     average

[[Page 14506]]

     daily attendance in the schools of such agency during the 
     preceding school year were students described under paragraph 
     (1)(A) or (1)(B) of section 8003(a) of the Elementary and 
     Secondary Education Act of 1965.
       ``(B) At least 35 percent of the students who were in 
     average daily attendance in the schools of the local 
     educational agency during the preceding school year were 
     students described under paragraph (1)(A) or (1)(B) of 
     section 8003(a) of the Elementary and Secondary Education Act 
     of 1965.
       ``(C) The State education system and the local educational 
     agency are one and the same.
       ``(d) Notification of Eligibility.--Not later than June 30 
     of each fiscal year, the Secretary of Defense shall notify 
     each local educational agency identified under subsection (c) 
     that the local educational agency is eligible during that 
     fiscal year to apply for a grant under subsection (a), 
     subsection (b), or both subsections.
       ``(e) Relation to Impact Aid Construction Assistance.--A 
     local education agency that receives a grant under subsection 
     (a) to repair and renovate a school facility may not also 
     receive a payment for school construction under section 8007 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7707) for the same fiscal year.
       ``(f) Grant Considerations.--In determining which eligible 
     local educational agencies will receive a grant under this 
     section for a fiscal year, the Secretary of Defense shall 
     take into consideration the following conditions and needs at 
     impacted school facilities of eligible local educational 
     agencies:
       ``(1) The repair or renovation of facilities is needed to 
     meet State mandated class size requirements, including 
     student-teacher ratios and instructional space size 
     requirements.
       ``(2) There is a increase in the number of military 
     dependent students in facilities of the agency due to 
     increases in unit strength as part of military readiness.
       ``(3) There are unhoused students on a military 
     installation due to other strength adjustments at military 
     installations.
       ``(4) The repair or renovation of facilities is needed to 
     address any of the following conditions:
       ``(A) The condition of the facility poses a threat to the 
     safety and well-being of students.
       ``(B) The requirements of the Americans with Disabilities 
     Act.
       ``(C) The cost associated with asbestos removal, energy 
     conservation, or technology upgrades.
       ``(D) Overcrowding conditions as evidenced by the use of 
     trailers and portable buildings and the potential for future 
     overcrowding because of increased enrollment.
       ``(5) The repair or renovation of facilities is needed to 
     meet any other Federal or State mandate.
       ``(6) The number of military dependent students as a 
     percentage of the total student population in the particular 
     school facility.
       ``(7) The age of facility to be repaired or renovated.
       ``(g) Definitions.--In this section:
       ``(1) Local educational agency.--The term `local 
     educational agency' has the meaning given that term in 
     section 8013(9) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7713(9)).
       ``(2) Impacted school facility.--The term `impacted school 
     facility' means a facility of a local educational agency--
       ``(A) that is used to provide elementary or secondary 
     education at or near a military installation; and
       ``(B) at which the average annual enrollment of military 
     dependent students is a high percentage of the total student 
     enrollment at the facility, as determined by the Secretary of 
     Defense.
       ``(3) Military dependent students.--The term `military 
     dependent students' means students who are dependents of 
     members of the armed forces or Department of Defense civilian 
     employees.
       ``(4) Military installation.--The term `military 
     installation' has the meaning given that term in section 
     2687(e) of this title.''.
       (b) Amendments to Chapter Heading and Tables of Contents.--
     (1) The heading of chapter 111 of title 10, United States 
     Code, is amended to read as follows:

                 ``CHAPTER 111--SUPPORT OF EDUCATION''.

       (2) The table of sections at the beginning of such chapter 
     is amended by striking the item relating to section 2199 and 
     inserting the following new items:

``2199. Quality of life education facilities grants.
``2199a. Definitions.''.
       (3) The tables of chapters at the beginning of subtitle A, 
     and at the beginning of part III of subtitle A, of such title 
     are amended by striking the item relating to chapter 111 and 
     inserting the following:

``111. Support of Education.................................2191''.....

       (c) Funding for Fiscal Year 2001.--Amounts appropriated in 
     the Department of Defense Appropriations Act, 2001, under the 
     heading ``Quality of Life Enhancements, Defense'' may be used 
     by the Secretary of Defense to make grants under section 2199 
     of title 10, United States Code, as added by subsection (a).

     SEC. 380. POSTPONEMENT OF IMPLEMENTATION OF DEFENSE JOINT 
                   ACCOUNTING SYSTEM (DJAS) PENDING ANALYSIS OF 
                   THE SYSTEM.

       (a) Postponement.--The Secretary of Defense may not grant a 
     Milestone III decision for the Defense Joint Accounting 
     System (DJAS) until the Secretary--
       (1) conducts, with the participation of the Inspector 
     General of the Department of Defense and the inspectors 
     general of the military departments, an analysis of 
     alternatives to the system to determine whether the system 
     warrants deployment; and
       (2) if the Secretary determines that the system warrants 
     deployment, submits to the congressional defense committees a 
     report certifying that the system meets Milestone I and 
     Milestone II requirements and applicable requirements of the 
     Clinger-Cohen Act of 1996 (divisions D and E of Public Law 
     104-106).
       (b) Deadline for Report.--The report referred to in 
     subsection (a)(2) shall be submitted, if at all, not later 
     than March 30, 2001.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

       (a) In General.--The Armed Forces are authorized strengths 
     for Selected Reserve personnel of the reserve components as 
     of September 30, 2001, as follows:
       (1) The Army National Guard of the United States, 350,088.
       (2) The Army Reserve, 205,000.
       (3) The Naval Reserve, 88,900.
       (4) The Marine Corps Reserve, 39,558.
       (5) The Air National Guard of the United States, 108,022.
       (6) The Air Force Reserve, 74,300.
       (7) The Coast Guard Reserve, 8,500.
       (b) Adjustments.--The end strengths prescribed by 
     subsection (a) for the Selected Reserve of any reserve 
     component shall be proportionately reduced by--
       (1) the total authorized strength of units organized to 
     serve as units of the Selected Reserve of such component 
     which are on active duty (other than for training) at the end 
     of the fiscal year; and
       (2) the total number of individual members not in units 
     organized to serve as units of the Selected Reserve of such 
     component who are on active duty (other than for training or 
     for unsatisfactory participation in training) without their 
     consent at the end of the fiscal year.

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

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2001, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 22,974.
       (2) The Army Reserve, 12,806.
       (3) The Naval Reserve, 14,649.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 11,170.
       (6) The Air Force Reserve, 1,278.

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

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2001 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army Reserve, 5,249.
       (2) For the Army National Guard of the United States, 
     24,728.
       (3) For the Air Force Reserve, 9,733.
       (4) For the Air National Guard of the United States, 
     22,221.

     SEC. 414. FISCAL YEAR 2001 LIMITATION ON NON-DUAL STATUS 
                   TECHNICIANS.

       (a) Limitation.--The number of non-dual status technicians 
     employed by the reserve components of the Army and the Air 
     Force as of September 30, 2001, may not exceed the following:
       (1) For the Army Reserve, 1,195.
       (2) For the Army National Guard of the United States, 
     1,600.
       (3) For the Air Force Reserve, 0.
       (4) For the Air National Guard of the United States, 326.
       (b) Non-Dual Status Technicians Defined.--In this section, 
     the term ``non-dual status technician'' has the meaning given 
     the term in section 10217(a) of title 10, United States Code.
       (c) Postponement of Permanent Limitation.--Section 
     10217(c)(2) of title 10, United States Code, is amended by 
     striking ``October 1, 2001'' and inserting ``October 1, 
     2002''.

[[Page 14507]]



     SEC. 415. INCREASE IN NUMBERS OF MEMBERS IN CERTAIN GRADES 
                   AUTHORIZED TO BE ON ACTIVE DUTY IN SUPPORT OF 
                   THE RESERVES.

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

------------------------------------------------------------------------
                                                          Air     Marine
               ``Grade                  Army     Navy    Force    Corps
------------------------------------------------------------------------
Major or Lieutenant Commander.......    3,227   1,071     898      140
Lieutenant Colonel or Commander.....    1,687     520     844       90
Colonel or Navy Captain.............      511     188     317     30''.
------------------------------------------------------------------------

       (b) Senior Enlisted Members.--The table in section 12012(a) 
     of title 10, United States Code, is amended to read as 
     follows:
       

------------------------------------------------------------------------
                                                          Air     Marine
               ``Grade                  Army     Navy    Force    Corps
------------------------------------------------------------------------
E-9.................................     662     202       501      20
E-8.................................   2,676     429     1,102    94''.
------------------------------------------------------------------------

       Subtitle C--Other Matters Relating to Personnel Strengths

     SEC. 421. SUSPENSION OF STRENGTH LIMITATIONS DURING WAR OR 
                   NATIONAL EMERGENCY.

       (a) Senior Enlisted Members.--Section 517 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection (c):
       ``(c) The Secretary of Defense may suspend the operation of 
     this section in time of war or of national emergency declared 
     by the Congress or by the President. Any suspension shall, if 
     not sooner ended, end on the last day of the 2-year period 
     beginning on the date on which the suspension (or the last 
     extension thereof) takes effect or on the last day of the 1-
     year period beginning on the date of the termination of the 
     war or national emergency, whichever occurs first. Title II 
     of the National Emergencies Act (50 U.S.C. 1621-1622) shall 
     not apply to an extension under this subsection.''.
       (b) Senior AGR Personnel.--(1) Chapter 1201 of such title 
     is amended by adding at the end the following:

     ``Sec. 12013. Authority to suspend sections 12011 and 12012

       ``The Secretary of Defense may suspend the operation of 
     section 12011 or 12012 of this title in time of war or of 
     national emergency declared by the Congress or by the 
     President. Any suspension shall, if not sooner ended, end on 
     the last day of the 2-year period beginning on the date on 
     which the suspension (or the last extension thereof) takes 
     effect or on the last day of the 1-year period beginning on 
     the date of the termination of the war or national emergency, 
     whichever occurs first. Title II of the National Emergencies 
     Act (50 U.S.C. 1621-1622) shall not apply to an extension 
     under this subsection.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``12013. Authority to suspend sections 12011 and 12012.''.

     SEC. 422. EXCLUSION OF CERTAIN RESERVE COMPONENT MEMBERS ON 
                   ACTIVE DUTY FOR MORE THAN 180 DAYS FROM ACTIVE 
                   COMPONENT END STRENGTHS.

       Section 115(d) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(9) Members of reserve components (not described in 
     paragraph (8)) on active duty for more than 180 days to 
     perform special work in support of the armed forces (other 
     than in support of the Coast Guard) and the combatant 
     commands, except that the number of the members excluded 
     under this paragraph may not exceed the number equal to two-
     tenths of one percent of the end strength authorized for 
     active-duty personnel under subsection (a)(1)(A).''.

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

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

     SEC. 424. AUTHORITY FOR TEMPORARY INCREASES IN NUMBER OF 
                   RESERVE PERSONNEL SERVING ON ACTIVE DUTY OR 
                   FULL-TIME NATIONAL GUARD DUTY IN CERTAIN 
                   GRADES.

       (a) Officers.--Section 12011 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c) Upon increasing under subsection (c)(2) of section 
     115 of this title the end strength that is authorized under 
     subsection (a)(1)(B) of that section for a fiscal year for 
     active-duty personnel and full-time National Guard duty 
     personnel of an armed force who are to be paid from funds 
     appropriated for reserve personnel, the Secretary of Defense 
     may increase for that fiscal year the limitation that is set 
     forth in subsection (a) of this section for the number of 
     officers of that armed force serving in any grade if the 
     Secretary determines that such action is in the national 
     interest. The percent of the increase may not exceed the 
     percent by which the Secretary increases that end 
     strength.''.
       (b) Enlisted Personnel.--Section 12012 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c) Upon increasing under subsection (c)(2) of section 
     115 of this title the end strength that is authorized under 
     subsection (a)(1)(B) of that section for a fiscal year for 
     active-duty personnel and full-time National Guard duty 
     personnel of an armed force who are to be paid from funds 
     appropriated for reserve personnel, the Secretary of Defense 
     may increase for that fiscal year the limitation that is set 
     forth in subsection (a) of this section for the number of 
     enlisted members of that armed force serving in any grade if 
     the Secretary determines that such action is in the national 
     interest. The percent of the increase may not exceed the 
     percent by which the Secretary increases that end 
     strength.''.

     SEC. 425. TEMPORARY EXEMPTION OF DIRECTOR OF THE NATIONAL 
                   SECURITY AGENCY FROM LIMITATIONS ON NUMBER OF 
                   AIR FORCE OFFICERS ABOVE MAJOR GENERAL.

       Section 525(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(8) An Air Force officer while serving as Director of the 
     National Security Agency 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) and the number that would otherwise be 
     permitted for the Air Force for officers serving on active 
     duty in grades above brigadier general under subsection (a). 
     This paragraph shall not be effective after September 30, 
     2005.''.

              Subtitle D--Authorization of Appropriations

     SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2001 a total of $75,632,266,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2001.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

     SEC. 501. ELIGIBILITY OF ARMY RESERVE COLONELS AND BRIGADIER 
                   GENERALS FOR POSITION VACANCY PROMOTIONS.

       Section 14315(b)(1) of title 10, United States Code, is 
     amended by inserting after ``(A) is assigned to the duties of 
     a general officer of the next higher reserve grade in the 
     Army Reserve'' the following: ``or is recommended for such an 
     assignment under regulations prescribed by the Secretary of 
     the Army''.

     SEC. 502. PROMOTION ZONES FOR COAST GUARD RESERVE OFFICERS.

       (a) Flexible Authority To Meet Coast Guard Needs.--Section 
     729(d) of title 14, United States Code, is amended to read as 
     follows:
       ``(d)(1) Before convening a selection board to recommend 
     Reserve officers for promotion, the Secretary shall establish 
     a promotion zone for officers serving in each grade and 
     competitive category to be considered by the board. The 
     Secretary shall determine the number of officers in the 
     promotion zone for officers serving in any grade and 
     competitive category from among officers who are eligible for 
     promotion in that grade and competitive category.
       ``(2) Before convening a selection board to recommend 
     Reserve officers for promotion to a grade above lieutenant 
     (junior grade), the Secretary shall determine the maximum 
     number of officers in that grade and competitive category 
     that the board may recommend for promotion. The Secretary 
     shall make the determination under the preceding sentence of 
     the maximum number that may be recommended with a view to 
     having in an active status a sufficient number of Reserve 
     officers in each grade and competitive category to meet the 
     needs of the Coast Guard for Reserve officers in an active 
     status. In order to make that determination, the Secretary 
     shall determine (A) the number of positions needed to 
     accomplish mission objectives which require officers of such 
     competitive category in the grade to which the board will 
     recommend officers for promotion, (B) the estimated number of 
     officers needed to fill vacancies in such positions during 
     the period in which it is anticipated that officers selected 
     for promotion will be promoted, (C) the number of officers 
     authorized by the Secretary to serve in an active status in 
     the grade and competitive category under consideration, and 
     (D) any statutory limitation on the number of officers in any 
     grade or category (or combination thereof) authorized to be 
     in an active status.
       ``(3)(A) The Secretary may, when the needs of the Coast 
     Guard require, authorize the consideration of officers in a 
     grade above lieutenant (junior grade) for promotion to the 
     next higher grade from below the promotion zone.
       ``(B) When selection from below the promotion zone is 
     authorized, the Secretary shall establish the number of 
     officers that may be recommended for promotion from below the 
     promotion zone in each competitive category to be considered. 
     That number may not exceed the number equal to 10 percent of 
     the maximum number of officers that the board is authorized 
     to recommend for promotion in such competitive category, 
     except that the Secretary may authorize a greater number, not 
     to exceed 15 percent of the total number of officers that the 
     board is authorized to recommend for promotion, if the 
     Secretary determines that the needs of the Coast Guard so 
     require. If the maximum number determined under this 
     paragraph is less than one, the board may recommend one 
     officer for promotion from below the promotion zone.

[[Page 14508]]

       ``(C) The number of officers recommended for promotion from 
     below the promotion zone does not increase the maximum number 
     of officers that the board is authorized to recommend for 
     promotion under paragraph (2).''.
       (b) Running Mate System.--(1) Section 731 of such title is 
     amended--
       (A) by designating the text of such section as subsection 
     (b);
       (B) by inserting after the section heading the following:
       ``(a) Authority To Use Running Mate System.--The Secretary 
     may by regulation implement section 729(d)(1) of this title 
     by requiring that the promotion zone for consideration of 
     Reserve officers in an active status for promotion to the 
     next higher grade be determined in accordance with a running 
     mate system as provided in subsection (b).'';
       (C) in subsection (b), as designated by subparagraph (A), 
     by striking ``Subject to the eligibility requirements of this 
     subchapter, a Reserve officer shall'' and inserting the 
     following: ``Consideration for Promotion.--If promotion zones 
     are determined as authorized under subsection (a), a Reserve 
     officer shall, subject to the eligibility requirements of 
     this subchapter,''; and
       (D) by adding at the end the following:
       ``(c) Consideration of Officers Below the Zone.--If the 
     Secretary authorizes the selection of officers for promotion 
     from below the promotion zone in accordance with section 
     729(d)(3) of this title, the number of officers to be 
     considered from below the zone may be established through the 
     application of the running mate system under this subchapter 
     or otherwise as the Secretary determines to be appropriate to 
     meet the needs of the Coast Guard.''.
       (2)(A) The heading for such section is amended to read as 
     follows:

     ``Sec. 731. Establishment of promotion zones: running mate 
       system''.

       (B) The item relating to such section in the table of 
     sections at the beginning of chapter 21 of title 14, United 
     States Code, is amended to read as follows:

``731. Establishment of promotion zones: running mate system.''.
       (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 selection boards convened under 
     section 730 of title 14, United States Code, on or after that 
     date.

     SEC. 503. TIME FOR RELEASE OF OFFICER PROMOTION SELECTION 
                   BOARD REPORTS.

       (a) Active-Duty List Officer Boards.--Section 618(e) of 
     title 10, United States Code, is amended to read as follows:
       ``(e)(1) The names of the officers recommended for 
     promotion in the report of a selection board may be 
     disseminated to the armed force concerned as follows:
       ``(A) In the case of officers recommended for promotion to 
     a grade below brigadier general or rear admiral (lower half), 
     upon the transmittal of the report to the President.
       ``(B) In the case of officers recommended for promotion to 
     a grade above colonel or, in the case of the Navy, captain, 
     upon the approval of the report by the President.
       ``(C) In the case of officers whose names have not been 
     sooner disseminated, upon confirmation by the Senate.
       ``(2) A list of names of officers disseminated under 
     paragraph (1) may not include--
       ``(A) any name removed by the President from the report of 
     the selection board containing that name, if dissemination is 
     under the authority of subparagraph (B) of such paragraph; or
       ``(B) the name of any officer whose promotion the Senate 
     failed to confirm, if dissemination is under the authority of 
     subparagraph (C) of such paragraph.''.
       (b) Reserve Active-Status List Officer Boards.--The text of 
     section 14112 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Time for Dissemination.--The names of the officers 
     recommended for promotion in the report of a selection board 
     may be disseminated to the armed force concerned as follows:
       ``(1) In the case of officers recommended for promotion to 
     a grade below brigadier general or rear admiral (lower half), 
     upon the transmittal of the report to the President.
       ``(2) In the case of officers recommended for promotion to 
     a grade above colonel or, in the case of the Navy, captain, 
     upon the approval of the report by the President.
       ``(3) In the case of officers whose names have not been 
     sooner disseminated, upon confirmation by the Senate.
       ``(b) Names Not Disseminated.--A list of names of officers 
     disseminated under subsection (a) may not include--
       ``(1) any name removed by the President from the report of 
     the selection board containing that name, if dissemination is 
     under the authority of paragraph (2) of such subsection; or
       ``(2) the name of any officer whose promotion the Senate 
     failed to confirm, if dissemination is under the authority of 
     paragraph (3) of such subsection.''.

     SEC. 504. CLARIFICATION OF AUTHORITY FOR POSTHUMOUS 
                   COMMISSIONS AND WARRANTS.

       Section 1521(a)(3) of title 10, United States Code, is 
     amended to read as follows:
       ``(3) was officially recommended for appointment or 
     promotion to a commissioned grade but died in line of duty 
     before the appointment or promotion was approved by the 
     Secretary concerned or before accepting the appointment or 
     promotion.''.

     SEC. 505. INAPPLICABILITY OF ACTIVE-DUTY LIST PROMOTION, 
                   SEPARATION, AND INVOLUNTARY RETIREMENT 
                   AUTHORITIES TO RESERVE GENERAL AND FLAG 
                   OFFICERS SERVING IN CERTAIN POSITIONS 
                   DESIGNATED FOR RESERVE OFFICERS BY THE CHAIRMAN 
                   OF THE JOINT CHIEFS OF STAFF.

       Section 641(1)(B) of title 10, United States Code, is 
     amended by inserting ``526(b)(2)(A),'' after ``on active duty 
     under section''.

     SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.

       (a) In General.--(1) Chapter 79 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1558. Exclusive remedies in cases involving selection 
       boards

       ``(a) Correction of Military Records.--The Secretary 
     concerned may correct a person's military records in 
     accordance with a recommendation made by a special board. Any 
     such correction shall be effective, retroactively, as of the 
     effective date of the action taken on a report of a previous 
     selection board that resulted in the action corrected in the 
     person's military records.
       ``(b) Relief Associated With Corrections of Certain 
     Actions.--(1) The Secretary concerned shall ensure that a 
     person receives relief under paragraph (2) or (3), as the 
     person may elect, if the person--
       ``(A) was separated or retired from an armed force, or 
     transferred to the retired reserve or to inactive status in a 
     reserve component, as a result of a recommendation of a 
     selection board; and
       ``(B) becomes entitled to retention on or restoration to 
     active duty or active status in a reserve component as a 
     result of a correction of the person's military records under 
     subsection (a).
       ``(2)(A) With the consent of a person referred to in 
     paragraph (1), the person shall be retroactively and 
     prospectively restored to the same status, rights, and 
     entitlements (less appropriate offsets against back pay and 
     allowances) in the person's armed force as the person would 
     have had if the person had not been selected to be separated, 
     retired, or transferred to the retired reserve or to inactive 
     status in a reserve component, as the case may be, as a 
     result of an action corrected under subsection (a). An action 
     under this subparagraph is subject to subparagraph (B).
       ``(B) Nothing in subparagraph (A) shall be construed to 
     permit a person to be on active duty or in an active status 
     in a reserve component after the date on which the person 
     would have been separated, retired, or transferred to the 
     retired reserve or to inactive status in a reserve component 
     if the person had not been selected to be separated, retired, 
     or transferred to the retired reserve or to inactive status 
     in a reserve component, as the case may be, in an action of a 
     selection board that is corrected under subsection (a).
       ``(3) If the person does not consent to a restoration of 
     status, rights, and entitlements under paragraph (2), the 
     person shall receive back pay and allowances (less 
     appropriate offsets) and service credit for the period 
     beginning on the date of the person's separation, retirement, 
     or transfer to the retired reserve or to inactive status in a 
     reserve component, as the case may be, and ending on the 
     earlier of--
       ``(A) the date on which the person would have been so 
     restored under paragraph (2), as determined by the Secretary 
     concerned; or
       ``(B) the date on which the person would otherwise have 
     been separated, retired, or transferred to the retired 
     reserve or to inactive status in a reserve component, as the 
     case may be.
       ``(c) Finality of Unfavorable Action.--If a special board 
     makes a recommendation not to correct the military records of 
     a person regarding action taken in the case of that person on 
     the basis of a previous report of a selection board, the 
     action previously taken on that report shall be considered as 
     final as of the date of the action taken on that report.
       ``(d) Regulations.--(1) The Secretary concerned may 
     prescribe regulations to carry out this section (other than 
     subsection (e)) with respect to the armed force or armed 
     forces under the jurisdiction of the Secretary.
       ``(2) The Secretary may prescribe in the regulations the 
     circumstances under which consideration by a special board 
     may be provided for under this section, including the 
     following:
       ``(A) The circumstances under which consideration of a 
     person's case by a special board is contingent upon 
     application by or for that person.
       ``(B) Any time limits applicable to the filing of an 
     application for consideration.
       ``(3) Regulations prescribed by the Secretary of a military 
     department under this subsection shall be subject to the 
     approval of the Secretary of Defense.
       ``(e) Judicial Review.--(1) A person challenging for any 
     reason the action or recommendation of a selection board, or 
     the action taken by the Secretary concerned on the report of 
     a selection board, is not entitled to relief in any judicial 
     proceeding unless the person has first been considered by a 
     special board under this section or the Secretary concerned 
     has denied such consideration.
       ``(2) In reviewing an action or recommendation of a special 
     board or an action of the Secretary concerned on the report 
     of a special board, a court may hold unlawful and set aside 
     the recommendation or action, as the case 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.

[[Page 14509]]

       ``(3) In reviewing a decision by the Secretary concerned to 
     deny consideration by a special board in any case, a court 
     may hold unlawful and set aside the decision only if the 
     court finds the decision to be arbitrary or capricious, not 
     based on substantial evidence, or otherwise contrary to law.
       ``(f) Exclusivity of Remedies.--Notwithstanding any other 
     provision of law, but subject to subsection (g), the remedies 
     provided under this section are the only remedies available 
     to a person for correcting an action or recommendation of a 
     selection board regarding that person or an action taken on 
     the report of a selection board regarding that person.
       ``(g) Existing Jurisdiction.--(1) Nothing in this section 
     limits the jurisdiction of any court of the United States 
     under any provision of law to determine the validity of any 
     statute, regulation, or policy relating to selection boards, 
     except that, in the event that any such statute, regulation, 
     or policy is held invalid, the remedies prescribed in this 
     section shall be the sole and exclusive remedies available to 
     any person challenging the recommendation of a special board 
     on the basis of the invalidity.
       ``(2) Nothing in this section limits authority to correct a 
     military record under section 1552 of this title.
       ``(h) Inapplicability to Coast Guard.--This section does 
     not apply to the Coast Guard when it is not operating as a 
     service in the Navy.
       ``(i) Definitions.--In this section:
       ``(1) The term `special board'--
       ``(A) means a board that the Secretary concerned convenes 
     under any authority to consider whether to recommend a person 
     for appointment, enlistment, reenlistment, assignment, 
     promotion, retention, separation, retirement, or transfer to 
     inactive status in a reserve component instead of referring 
     the records of that person for consideration by a previously 
     convened selection board which considered or should have 
     considered that person;
       ``(B) includes a board for the correction of military or 
     naval records convened under section 1552 of this title, if 
     designated as a special board by the Secretary concerned; and
       ``(C) does not include a promotion special selection board 
     convened under section 628 or 14502 of this title.
       ``(2) The term `selection board'--
       ``(A) means a selection board convened under section 
     573(c), 580, 580a, 581, 611(b), 637, 638, 638a, 14101(b), 
     14701, 14704, or 14705 of this title, and any other board 
     convened by the Secretary concerned under any authority to 
     recommend persons for appointment, enlistment, reenlistment, 
     assignment, promotion, or retention in the armed forces or 
     for separation, retirement, or transfer to inactive status in 
     a reserve component for the purpose of reducing the number of 
     persons serving in the armed forces; and
       ``(B) does not include--
       ``(i) a promotion board convened under section 573(a), 
     611(a), or 14101(a) of this title;
       ``(ii) a special board;
       ``(iii) a special selection board convened under section 
     628 of this title; or
       ``(iv) a board for the correction of military records 
     convened under section 1552 of this title.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``1558. Exclusive remedies in cases involving selection boards .''.
       (b) Special Selection Boards.--Section 628 of such title is 
     amended--
       (1) by redesignating subsection (g) as subsection (j); and
       (2) by inserting after subsection (f) the following:
       ``(g) Limitations of Other Jurisdiction.--No official or 
     court of the United States may--
       ``(1) consider any claim based to any extent on the failure 
     of an officer or former officer of the armed forces to be 
     selected for promotion by a promotion board until--
       ``(A) the claim has been referred by the Secretary 
     concerned to a special selection board convened under this 
     section and acted upon by that board and the report of the 
     board has been approved by the President; or
       ``(B) the claim has been rejected by the Secretary 
     concerned without consideration by a special selection board; 
     or
       ``(2) grant any relief on such a claim unless the officer 
     or former officer has been selected for promotion by a 
     special selection board convened under this section to 
     consider the officer's claim and the report of the board has 
     been approved by the President.
       ``(h) Judicial Review.--(1) A court of the United States 
     may review a determination by the Secretary concerned under 
     subsection (a)(1) or (b)(1) not to convene a special 
     selection board. If a court finds the determination to be 
     arbitrary or capricious, not based on substantial evidence, 
     or otherwise contrary to law, it shall remand the case to the 
     Secretary concerned, who shall provide for consideration of 
     the officer or former officer by a special selection board 
     under this section.
       ``(2) A court of the United States may review the action of 
     a special selection board convened under this section on a 
     claim of an officer or former officer and any action taken by 
     the President on the report of the board. If a court finds 
     that the action was contrary to law or involved a material 
     error of fact or a material administrative error, it shall 
     remand the case to the Secretary concerned, who shall provide 
     for reconsideration of the officer or former officer by 
     another special selection board.
       ``(i) Existing Jurisdiction.--(1) Nothing in this section 
     limits the jurisdiction of any court of the United States 
     under any provision of law to determine the validity of any 
     statute, regulation, or policy relating to selection boards, 
     except that, in the event that any such statute, regulation, 
     or policy is held invalid, the remedies prescribed in this 
     section shall be the sole and exclusive remedies available to 
     any person challenging the recommendation of a selection 
     board on the basis of the invalidity.
       ``(2) Nothing in this section limits authority to correct a 
     military record under section 1552 of this title.''.
       (c) Effective Date and Applicability.--(1) The amendments 
     made by this section shall take effect on the date of the 
     enactment of this Act and, except as provided in paragraph 
     (2), shall apply with respect to any proceeding pending on or 
     after that date without regard to whether a challenge to an 
     action of a selection board of any of the Armed Forces being 
     considered in such proceeding was initiated before, on, or 
     after that date.
       (2) The amendments made by this section shall not apply 
     with respect to any action commenced in a court of the United 
     States before the date of the enactment of this Act.

     SEC. 507. EXTENSION TO ALL AIR FORCE BIOMEDICAL SCIENCES 
                   OFFICERS OF AUTHORITY TO RETAIN UNTIL SPECIFIED 
                   AGE.

       Section 14703(a)(3) of title 10, United States Code, is 
     amended to read as follows:
       ``(3) the Secretary of the Air Force may, with the 
     officer's consent, retain in an active status any reserve 
     officer who is designated as a medical officer, dental 
     officer, Air Force nurse, Medical Service Corps officer, 
     biomedical sciences officer, or chaplain.''.

     SEC. 508. TERMINATION OF APPLICATION REQUIREMENT FOR 
                   CONSIDERATION OF OFFICERS FOR CONTINUATION ON 
                   THE RESERVE ACTIVE-STATUS LIST.

       Section 14701(a)(1) of title 10, United States Code, is 
     amended by striking ``Upon application, a reserve officer'' 
     and inserting ``A reserve officer''.

     SEC. 509. TECHNICAL CORRECTIONS RELATING TO RETIRED GRADE OF 
                   RESERVE COMMISSIONED OFFICERS.

       (a) Army.--Section 3961(a) of title 10, United States Code, 
     is amended by striking ``or for nonregular service under 
     chapter 1223 of this title''.
       (b) Air Force.--Section 8961(a) of title 10, United States 
     Code, is amended by striking ``or for nonregular service 
     under chapter 1223 of this title''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to Reserve commissioned officers who are 
     promoted to a higher grade as a result of selection for 
     promotion by a board convened under chapter 36 or 1403 of 
     title 10, United States Code, or having been found qualified 
     for Federal recognition in a higher grade under chapter 3 of 
     title 32, United States Code, after October 1, 1996.

     SEC. 510. GRADE OF CHIEFS OF RESERVE COMPONENTS AND DIRECTORS 
                   OF NATIONAL GUARD COMPONENTS.

       (a) Chief of Army Reserve.--Section 3038(c) of title 10, 
     United States Code, is amended--
       (1) by striking ``major general'' in the third sentence and 
     inserting ``lieutenant general''; and
       (2) by striking the fourth sentence.
       (b) Chief of Naval Reserve.--Section 5143(c)(2) of such 
     title is amended--
       (1) by striking ``rear admiral'' in the first sentence and 
     inserting ``vice admiral''; and
       (2) by striking the second sentence.
       (c) Chief of Air Force Reserve.--Section 8038(c) of such 
     title is amended--
       (1) by striking ``major general'' in the third sentence and 
     inserting ``lieutenant general''; and
       (2) by striking the fourth sentence.
       (d) Directors in the National Guard Bureau.--Subparagraphs 
     (A) and (B) of section 10506(a)(1) of such title are each 
     amended by striking ``the grade of major general or, if 
     appointed to that position in accordance with section 
     12505(a)(2) of this title,''.
       (e) Commander, Marine Forces Reserve.--(1) Section 
     5144(c)(2) of such title is amended to read as follows:
       ``(2)(A) The Commander, Marine Forces Reserve, while so 
     serving, has the grade of major general, without vacating the 
     officer's permanent grade. An officer may, however, be 
     assigned to the position of Commander, Marine Forces Reserve, 
     in the grade of lieutenant general if appointed to that grade 
     for service in that position by the President, by and with 
     the advice and consent of the Senate. An officer may be 
     recommended to the President for such an appointment if 
     selected for appointment to that position in accordance with 
     subparagraph (B).
       ``(B) An officer shall be considered to have been selected 
     for appointment to the position of Commander, Marine Forces 
     Reserve, in accordance with this subparagraph if--
       ``(i) the officer is recommended for that appointment by 
     the Secretary of the Navy;
       ``(ii) the officer is determined by the Chairman of the 
     Joint Chiefs of Staff, in accordance with criteria and as a 
     result of a process established by the Chairman, to have 
     significant joint duty experience; and
       ``(iii) the officer is recommended by the Secretary of 
     Defense to the President for the appointment.''.
       (2) Until October 1, 2002, the Secretary of Defense may, on 
     a case-by-case basis, waive clause

[[Page 14510]]

     (ii) of section 5144(c)(2)(B) of title 10, United States Code 
     (as added by paragraph (1)), with respect to the appointment 
     of an officer to the position of Commander, Marine Forces 
     Reserve, if in the judgment of the Secretary--
       (A) the officer is qualified for service in the position; 
     and
       (B) the waiver is necessary for the good of the service.
       (f) Repeal of Superseded Authority.--(1) Section 12505 of 
     title 10, United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 1213 
     of such title is amended by striking the item relating to 
     section 12505.
       (g) Vice Chief of National Guard Bureau.--(1) The Secretary 
     of Defense shall conduct a study of the advisability of 
     increasing the grade authorized for the Vice Chief of the 
     National Guard Bureau to Lieutenant General.
       (2) As part of the study, the Chief of the National Guard 
     Bureau shall submit to the Secretary of Defense an analysis 
     of the functions and responsibilities of the Vice Chief of 
     the National Guard Bureau and the Chief's recommendation as 
     to whether the grade authorized for the Vice Chief should be 
     increased.
       (3) Not later than February 1, 2001, the Secretary shall 
     submit to the Committees on Armed Services of the Senate and 
     House of Representatives a report on the study. The report 
     shall include the following--
       (A) the recommendation of the Chief of the National Guard 
     Bureau and any other information provided by the Chief to the 
     Secretary of Defense pursuant to paragraph (2);
       (B) the conclusions resulting from the study; and
       (C) the Secretary's recommendations regarding whether the 
     grade authorized for the Vice Chief of the National Guard 
     Bureau should be increased to Lieutenant General.
       (h) Effective Dates.--Subsection (g) shall take effect on 
     the date of the enactment of this Act. Except for that 
     subsection, this section and the amendments made by this 
     section shall take effect on the earlier of--
       (1) the date that is 90 days after the date of the 
     enactment of this Act; or
       (2) January 1, 2001.

     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).''.

                  Subtitle B--Joint Officer Management

     SEC. 521. JOINT SPECIALTY DESIGNATIONS AND ADDITIONAL 
                   IDENTIFIERS.

       Section 661 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 661. Management policies for joint specialty officers

       ``(a) Establishment.--The Secretary of Defense shall 
     establish policies, procedures, and practices for the 
     effective management of officers of the Army, Navy, Air 
     Force, and Marine Corps on the active-duty list who are 
     particularly trained in, and oriented toward, joint matters 
     (as defined in section 668 of this title). Such officers 
     shall be identified or designated (in addition to their 
     principal military occupational specialty) in such manner as 
     the Secretary of Defense directs. For purposes of this 
     chapter, officers to be managed by such policies, procedures, 
     and practices are those who have been designated under 
     subsection (b) as joint specialty officers.
       ``(b) Joint Specialty Officer Designation.--(1) The purpose 
     for designation of officers as joint specialty officers is to 
     provide a quickly identifiable group of officers who have the 
     joint service experience and education in joint matters that 
     are especially required for any particular organizational 
     staff or joint task force operation.
       ``(2) To qualify for the joint specialty designation, an 
     officer shall--
       ``(A) have successfully completed--
       ``(i) a program of education in residence at a joint 
     professional military education school accredited as such by 
     the Chairman of the Joint Chiefs of Staff; and
       ``(ii) a full tour of duty in a joint duty assignment; or
       ``(B) have successfully completed two full tours of duty in 
     joint duty assignments.
       ``(3) The requirements set forth in paragraph (2)(A) may be 
     satisfied in any sequence.
       ``(4) The Secretary of Defense shall prescribe the 
     standards for characterizing the completion of a requirement 
     under paragraph (2) as successful.
       ``(5) An officer may not be designated as a joint specialty 
     officer unless qualified under paragraph (2).
       ``(c) Additional Identifier.--An officer designated as a 
     joint specialty officer may be awarded an additional joint 
     specialty identifier as directed by the Secretary under 
     subsection (a).
       ``(d) Waiver Authority for Award of Additional 
     Identifier.--(1) The Secretary of Defense may waive the 
     applicability of a requirement for a qualification set forth 
     in subsection (b) for a designation of a particular officer 
     as a joint specialty officer upon the Secretary's 
     determination that, by reason of unusual circumstances 
     applicable in the officer's case, the officer has one or more 
     qualifications that are comparable to the qualification 
     waived.
       ``(2) The Secretary may grant a waiver for a general or 
     flag officer under paragraph (1) only upon the Secretary's 
     determination that it is necessary to do so in order to meet 
     a critical need of the armed forces.
       ``(3) The Secretary may delegate authority under this 
     subsection only to the Deputy Secretary of Defense or the 
     Chairman of the Joint Chiefs of Staff.
       ``(4) The Secretary of the military department concerned 
     may request a waiver under this subsection. A request shall 
     include a full justification for the requested waiver on the 
     basis of the criterion described in paragraph (1) and, in the 
     case of a general or flag officer, the additional criterion 
     described in paragraph (2).
       ``(e) General and Flag Officer Positions.--(1) The 
     Secretary of Defense shall designate the joint duty 
     assignments for general or flag officers that must be filled 
     by joint specialty officers.
       ``(2) Only a joint specialty officer may be assigned to a 
     joint duty assignment designated under paragraph (1).
       ``(3) The Secretary may waive the limitation in paragraph 
     (2) if the Secretary determines that it is necessary to do so 
     in the interest of national security.
       ``(f) Joint Professional Military Education Schools.--The 
     Chairman of the Joint Chiefs of Staff shall accredit as joint 
     professional military education schools for the purposes of 
     this chapter the schools that the Chairman determines as 
     being qualified for the accreditation. A school may not be 
     considered a joint professional military education school for 
     any such purpose unless the school is so accredited.''.

     SEC. 522. PROMOTION OBJECTIVES.

       (a) Objectives.--Section 662 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 662. Promotion policy objectives for joint officers

       ``(a) Qualifications.--The Secretary of Defense shall 
     ensure that the qualifications of officers assigned to joint 
     duty assignments and officers whose previous assignment was a 
     joint duty assignment are such that those officers are 
     expected, as a group, to be promoted to the next higher grade 
     at a rate not less than the rate for officers of the same 
     armed force in the same grade and competitive category who 
     are serving on the headquarters staff of that armed force.
       ``(b) Validation of Qualifications.--(1) The Secretary of a 
     military department shall validate the qualifications of 
     officers under the jurisdiction of the Secretary for 
     eligibility for joint duty assignments.
       ``(2) The Secretary shall ensure that, under the process 
     prescribed under paragraph (3), an adequate number of the 
     colonels or, in the case of the Navy, captains validated as 
     qualified for joint duty assignments satisfy the requirements 
     under section 619a of this title for promotion to brigadier 
     general or rear admiral (lower half), respectively.
       ``(3) The Secretary shall prescribe the process for 
     validating qualifications of officers under the jurisdiction 
     of the Secretary in accordance with this subsection.
       ``(c) Consideration of Joint Specialty Officers.--(1) The 
     Secretary of Defense shall prescribe policies for ensuring 
     that joint specialty officers eligible for consideration for 
     promotion are appropriately considered for promotion.
       ``(2) The policies shall require the following:
       ``(A) That at least one member of a board convened for the 
     selection of officers for promotion to a grade above major 
     or, in the case of the Navy, lieutenant commander is serving 
     in a joint duty assignment and has been approved by the 
     Chairman of the Joint Chiefs of Staff for appointment to 
     membership on that board.
       ``(B) That the Chairman of the Joint Chiefs of Staff has 
     the opportunity to review the report of each promotion 
     selection board referred to in subparagraph (A), and to 
     submit comments on the report to the Secretary of Defense and 
     the Secretary of the military department concerned, before 
     the Secretary of that military department takes action on the 
     report.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 38 of title 10, United States Code, is 
     amended by striking the item relating to section 662 and 
     inserting the following:

``662. Promotion policy objectives for joint officers.''.

     SEC. 523. EDUCATION.

       (a) Officers Eligible for Waiver of Capstone Course 
     Requirement.--Subsection (a)(1)(C) of section 663 of title 
     10, United States Code, is amended by striking ``scientific 
     and technical qualifications'' and inserting ``career field 
     specialty qualifications''.
       (b) Repeal of Requirement for Post-Education Joint Duty 
     Assignment.--Such section is further amended by striking 
     subsection (d).

     SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENT.

       (a) In General.--Section 664 of title 10, United States 
     Code, is amended--

[[Page 14511]]

       (1) by striking subsections (a) through (h);
       (2) by redesignating subsection (i) as subsection (f); and
       (3) by inserting after the section heading the following:
       ``(a) In General.--The length of a joint duty assignment at 
     an installation or other place of duty shall be equivalent to 
     the standard length of the assignments (other than joint duty 
     assignments) of officers at that installation or other place 
     of duty.
       ``(b) Waiver Authority.--The Secretary of Defense may waive 
     the requirement in subsection (a) for the length of a joint 
     duty assignment in the case of any officer upon a 
     determination by the Secretary that the waiver is critical in 
     the case of that specific officer for meeting military 
     personnel management requirements.
       ``(c) Curtailment of Assignment.--The Secretary of Defense 
     may, upon the request of the Secretary of the military 
     department concerned, authorize a curtailment of a joint duty 
     assignment of more than two years for an officer who has 
     served in that assignment for at least two years.
       ``(d) Full Tour of Duty.--Subject to subsection (e), an 
     officer shall be considered to have completed a full tour of 
     duty in a joint duty assignment upon the completion of 
     service performed in a grade not lower than major or, in the 
     case of the Navy, lieutenant commander, as follows:
       ``(1) Service in a joint duty assignment that meets the 
     standard set forth in subsection (a).
       ``(2) Service in a joint duty assignment under the 
     circumstances described in subsection (c).
       ``(3) Cumulative service in one or more joint task force 
     headquarters that is substantially equivalent to a standard 
     length of assignment determined under subsection (a).
       ``(4) Service in a joint duty assignment with respect to 
     which the Secretary of Defense has granted a waiver under 
     subsection (b), but only in a case in which the Secretary 
     directs that the service completed by the officer in that 
     duty assignment be considered to be a full tour of duty in a 
     joint duty assignment.
       ``(5) Service in a second joint duty assignment that is 
     less than the period required under subsection (a), but is 
     not less than two years, without regard to whether a waiver 
     was granted for such assignment under subsection (b).''.
       (b) Joint Duty Credit for Certain Joint Task Force 
     Assignments.--Subsection (f) of such section, as redesignated 
     by subsection (a)(2), is amended--
       (1) in paragraph (4)(B), by inserting before the period at 
     the end the following: ``, except that cumulative service of 
     less than one year in more than one such assignment in the 
     headquarters of a joint task force may not be credited'';
       (2) in paragraph (4)(E)--
       (A) by striking ``combat or combat-related''; and
       (B) by inserting before the period at the end the 
     following: ``, as approved by the Secretary of Defense'';
       (3) in paragraph (5), by striking ``any of the following 
     provisions of this title:'' and all that follows and 
     inserting ``section 662 of this title or paragraph (2), (4), 
     or (7) of section 667(a) of this title.''; and
       (4) by striking paragraph (6).

     SEC. 525. ANNUAL REPORT TO CONGRESS.

       Section 667 of title 10, United States Code, is amended by 
     striking paragraph (1) and all that follows and inserting the 
     following:
       ``(1) The number of joint specialty officers, reported by 
     grade and by branch or specialty.
       ``(2) An assessment of the extent to which the Secretary of 
     each military department is assigning personnel to joint duty 
     assignments in accordance with this chapter and the policies, 
     procedures, and practices established by the Secretary of 
     Defense under section 661(a) of this title.
       ``(3) The number of waivers granted under section 
     619a(b)(1) of this title for officers in the grade of colonel 
     or, in the case of the Navy, captain for each of the years 
     preceding the year in which the report is submitted.
       ``(4) The officers whose service in joint duty assignments 
     during the year covered by the report terminated before the 
     officers completed the full tour of duty in those 
     assignments, expressed as a percent of the total number of 
     officers in joint duty assignments during that year.
       ``(5) The percentage of fill of student quotas for each 
     course of the National Defense University for the year 
     covered by the report.
       ``(6) A list of the joint task force headquarters in which 
     service was approved for crediting as a joint duty assignment 
     for the year covered by the report.
       ``(7) The following comparisons:
       ``(A) A comparison of--
       ``(i) the promotion rates for officers who are officers 
     serving in joint duty assignments or officers whose previous 
     assignment was a joint duty assignment and were considered 
     for promotion within the promotion zone, with
       ``(ii) the promotion rates for other officers in the same 
     grade and the same competitive category who are serving on 
     the headquarters staff of the armed force concerned and were 
     considered for promotion within the promotion zone.
       ``(B) A comparison of--
       ``(i) the promotion rates for officers who are officers 
     serving in joint duty assignments or officers whose previous 
     assignment was a joint duty assignment and were considered 
     for promotion from above the promotion zone, with
       ``(ii) the promotion rates for other officers in the same 
     grade and the same competitive category who are serving on 
     the headquarters staff of the armed force concerned and were 
     considered for promotion from above the promotion zone.
       ``(C) A comparison of--
       ``(i) the promotion rates for officers who are officers 
     serving in joint duty assignments or officers whose previous 
     assignment was a joint duty assignment and were considered 
     for promotion from below the promotion zone, with
       ``(ii) the promotion rates for other officers in the same 
     grade and the same competitive category who are serving on 
     the headquarters staff of the armed force concerned and were 
     considered for promotion from below the promotion zone.
       ``(8) If any of the comparisons in paragraph (7) indicate 
     that the promotion rates for officers referred to in 
     subparagraph (A)(i), (B)(i), or (C)(i) of such paragraph fail 
     to meet the objective set forth in section 662(a) of this 
     title, information on the failure and on what action the 
     Secretary has taken or plans to take to prevent further 
     failures.
       ``(9) Any other information relating to joint officer 
     management that the Secretary of Defense considers 
     significant.''.

     SEC. 526. MULTIPLE ASSIGNMENTS CONSIDERED AS SINGLE JOINT 
                   DUTY ASSIGNMENT.

       (a) Definition of Joint Duty Assignment.--Subsection (b) of 
     section 668 of title 10, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) An assignment not qualifying as a joint duty 
     assignment within the definition prescribed under paragraph 
     (1) shall be treated as a joint duty assignment for the 
     purposes of this subchapter if the assignment is considered 
     under subsection (c)(2) as part of a single tour of duty in a 
     joint duty assignment.''.
       (b) Multiple Assignments Considered as Single Tour of 
     Duty.--Subsection (c) of such section is amended to read as 
     follows:
       ``(c) Multiple Assignments Considered as Single Tour of 
     Duty.--For purposes of this chapter, service in more than one 
     assignment shall be considered to be a single tour of duty in 
     a joint duty assignment, as follows:
       ``(1) Continuous service in two or more consecutive joint 
     duty assignments, as defined under subsection (b)(1).
       ``(2) Continuous service, in any order, in--
       ``(A) at least one joint duty assignment, as defined under 
     subsection (b)(1); and
       ``(B) one or more assignments not satisfying the definition 
     prescribed under subsection (b)(1) but involving service that 
     provides significant experience in joint matters, as 
     determined under policies prescribed by the Secretary of 
     Defense under section 661(a) of this title.''.

     SEC. 527. JOINT DUTY REQUIREMENT FOR PROMOTION TO ONE-STAR 
                   GRADES.

       Section 619a of title 10, United States Code, is amended--
       (1) in subsection (a), by striking ``section 664(f)'' and 
     inserting ``section 664(d); and
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``scientific and 
     technical qualifications'' and inserting ``career field 
     specialty qualifications''; and
       (B) in paragraph (4), by striking ``if--'' and all that 
     follows and inserting a period.

                   Subtitle C--Education and Training

     SEC. 541. ELIGIBILITY OF CHILDREN OF RESERVES FOR 
                   PRESIDENTIAL APPOINTMENT TO SERVICE ACADEMIES.

       (a) United States Military Academy.--Section 4342(b)(1) of 
     title 10, United States Code, is amended--
       (1) in subparagraph (B), by striking ``, other than those 
     granted retired pay under section 12731 of this title (or 
     under section 1331 of this title as in effect before the 
     effective date of the Reserve Officer Personnel Management 
     Act)''; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) are serving as members of reserve components and are 
     credited with at least eight years of service computed under 
     section 12733 of this title; or
       ``(D) would be, or who died while they would have been, 
     entitled to retired pay under chapter 1223 of this title 
     except for not having attained 60 years of age;''.
       (b) United States Naval Academy.--Section 6954(b)(1) of 
     such title is amended--
       (1) in subparagraph (B), by striking ``, other than those 
     granted retired pay under section 12731 of this title (or 
     under section 1331 of this title as in effect before the 
     effective date of the Reserve Officer Personnel Management 
     Act)''; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) are serving as members of reserve components and are 
     credited with at least eight years of service computed under 
     section 12733 of this title; or
       ``(D) would be, or who died while they would have been, 
     entitled to retired pay under chapter 1223 of this title 
     except for not having attained 60 years of age;''.
       (c) United States Air Force Academy.--Section 9342(b)(1) of 
     such title is amended--
       (1) in subparagraph (B), by striking ``, other than those 
     granted retired pay under section 12731 of this title (or 
     under section 1331 of this title as in effect before the 
     effective date of the Reserve Officer Personnel Management 
     Act)''; and

[[Page 14512]]

       (2) by inserting after subparagraph (B) the following:
       ``(C) are serving as members of reserve components and are 
     credited with at least eight years of service computed under 
     section 12733 of this title; or
       ``(D) would be, or who died while they would have been, 
     entitled to retired pay under chapter 1223 of this title 
     except for not having attained 60 years of age;''.

     SEC. 542. SELECTION OF FOREIGN STUDENTS TO RECEIVE 
                   INSTRUCTION AT SERVICE ACADEMIES.

       (a) United States Military Academy.--Section 4344(a) of 
     title 10, United States Code, is amended by adding at the end 
     the following:
       ``(3) In selecting persons to receive instruction under 
     this section from among applicants from the countries 
     approved under paragraph (2), the Secretary shall give a 
     priority to persons who have a national service obligation to 
     their countries upon graduation from the Academy.''.
       (b) United States Naval Academy.--Section 6957(a) of such 
     title is amended by adding at the end the following:
       ``(3) In selecting persons to receive instruction under 
     this section from among applicants from the countries 
     approved under paragraph (2), the Secretary shall give a 
     priority to persons who have a national service obligation to 
     their countries upon graduation from the Academy.''.
       (c) United States Air Force Academy.--Section 9344(a) of 
     such title is amended by adding at the end the following:
       ``(3) In selecting persons to receive instruction under 
     this section from among applicants from the countries 
     approved under paragraph (2), the Secretary shall give a 
     priority to persons who have a national service obligation to 
     their countries upon graduation from the Academy.''.
       (d) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect on October 
     1, 2000, and shall apply with respect to academic years that 
     begin after that date.

     SEC. 543. REPEAL OF CONTINGENT FUNDING INCREASE FOR JUNIOR 
                   RESERVE OFFICERS TRAINING CORPS.

       (a) Repeal.--(1) Section 2033 of title 10, United States 
     Code, is repealed.
       (2) The table of sections at the beginning of chapter 102 
     of such title is amended by striking the item relating to 
     section 2033.
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000.

     SEC. 544. REVISION OF AUTHORITY FOR MARINE CORPS PLATOON 
                   LEADERS CLASS TUITION ASSISTANCE PROGRAM.

       (a) Eligibility of Officers.--Section 16401 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``enlisted'' in the 
     matter preceding paragraph (1); and
       (2) in subsection (b)(1)--
       (A) by striking ``an enlisted member'' in the matter 
     preceding subparagraph (A) and inserting ``a member''; and
       (B) by striking ``an officer candidate in'' in subparagraph 
     (A) and inserting ``a member of''.
       (b) Repeal of Age Limitations.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking subparagraph (B);
       (B) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (C) in subparagraph (C), as so redesignated, by striking 
     ``paragraph (3)'' and inserting ``paragraph (2)'';
       (2) by striking subparagraph (2);
       (3) by redesignating paragraph (3) as paragraph (2); and
       (4) in paragraph (2), as so redesignated, by striking 
     ``paragraph (1)(D)'' and inserting ``paragraph (1)(C)''.
       (c) Candidates for Law Degrees.--Subsection (a)(2) of such 
     section is amended by striking ``three'' and inserting 
     ``four''.
       (d) Inapplicability of Sanction to Officers.--Subsection 
     (f)(1) of such section is amended by striking ``A member'' 
     and inserting ``An enlisted member''.
       (e) Amendments of Headings.--(1) The heading for such 
     section is amended to read as follows:

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

       (2) The heading for subsection (a) of such section is 
     amended by striking ``for Financial Assistance Program''.
       (f) Clerical Amendment.--The item relating to such section 
     in the table of chapters at the beginning of chapter 1611 of 
     title 10, United States Code, is amended to read as follows:

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

               Subtitle D--Matters Relating to Recruiting

     SEC. 551. ARMY RECRUITING PILOT PROGRAMS.

       (a) Requirement for Programs.--The Secretary of the Army 
     shall carry out pilot programs to test various recruiting 
     approaches under this section for the following purposes:
       (1) To assess the effectiveness of the recruiting 
     approaches for creating enhanced opportunities for recruiters 
     to make direct, personal contact with potential recruits.
       (2) To improve the overall effectiveness and efficiency of 
     Army recruiting activities.
       (b) Outreach Through Motor Sports.--(1) One of the pilot 
     programs shall be a pilot program of public outreach that 
     associates the Army with motor sports competitions to achieve 
     the objectives set forth in paragraph (2).
       (2) The events and activities undertaken under the pilot 
     program shall be designed to provide opportunities for Army 
     recruiters to make direct, personal contact with high school 
     students to achieve the following objectives:
       (A) To increase enlistments by students graduating from 
     high school.
       (B) To reduce attrition in the Delayed Entry Program of the 
     Army by sustaining the personal commitment of students who 
     have elected delayed entry into the Army under the program.
       (3) Under the pilot program, the Secretary shall provide 
     for the following:
       (A) For Army recruiters or other Army personnel--
       (i) to organize Army sponsored career day events in 
     association with national motor sports competitions; and
       (ii) to arrange for or encourage attendance at the 
     competitions by high school students, teachers, guidance 
     counselors, and administrators of high schools located near 
     the competitions.
       (B) For Army recruiters and other soldiers to attend 
     national motor sports competitions--
       (i) to display exhibits depicting the contemporary Army and 
     career opportunities in the Army; and
       (ii) to discuss those opportunities with potential 
     recruits.
       (C) For the Army to sponsor a motor sports racing team as 
     part of an integrated program of recruitment and publicity 
     for the Army.
       (D) For the Army to sponsor motor sports competitions for 
     high school students at which recruiters meet with potential 
     recruits.
       (E) For Army recruiters or other Army personnel to compile 
     in an Internet accessible database the names, addresses, 
     telephone numbers, and electronic mail addresses of persons 
     who are identified as potential recruits through activities 
     under the pilot program.
       (F) Any other activities associated with motor sports 
     competition that the Secretary determines appropriate for 
     Army recruitment purposes.
       (c) Outreach at Vocational Schools and Community 
     Colleges.--(1) One of the pilot programs shall be a pilot 
     program under which Army recruiters are assigned at 
     postsecondary vocational institutions and community colleges 
     for the purpose of recruiting students graduating from those 
     institutions and colleges, recent graduates of those 
     institutions and colleges, and students withdrawing from 
     enrollments in those institutions and colleges.
       (2) The Secretary shall select the institutions and 
     colleges to be invited to participate in the pilot program.
       (3) The conduct of the pilot program at an institution or 
     college shall be subject to an agreement which the Secretary 
     shall enter into with the governing body or authorized 
     official of the institution or college, as the case may be.
       (4) Under the pilot program, the Secretary shall provide 
     for the following:
       (A) For Army recruiters to be placed in postsecondary 
     vocational institutions and community colleges to serve as a 
     resource for guidance counselors and to recruit for the Army.
       (B) For Army recruiters to recruit from among students and 
     graduates described in paragraph (1).
       (C) For the use of telemarketing, direct mail, interactive 
     voice response systems, and Internet website capabilities to 
     assist the recruiters in the postsecondary vocational 
     institutions and community colleges.
       (D) For any other activities that the Secretary determines 
     appropriate for recruitment activities in postsecondary 
     vocational institutions and community colleges.
       (5) In this subsection, the term ``postsecondary vocational 
     institution'' has the meaning given the term in section 
     102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(c)).
       (d) Contract Recruiting Initiatives.--(1) One of the pilot 
     programs shall be a program that expands in accordance with 
     this subsection the scope of the Army's contract recruiting 
     initiatives that are ongoing as of the date of the enactment 
     of this Act. Under the pilot program, the Secretary shall 
     select at least five recruiting battalions to apply the 
     initiatives in efforts to recruit personnel for the Army.
       (2) Under the pilot program, the Secretary shall provide 
     for the following:
       (A) For replacement of the Regular Army recruiters by 
     contract recruiters in the five recruiting battalions 
     selected under paragraph (1).
       (B) For operation of the five battalions under the same 
     rules and chain of command as the other Army recruiting 
     battalions.
       (C) For use of the offices, facilities, and equipment of 
     the five battalions by the contract recruiters.
       (D) For reversion to performance of the recruiting 
     activities by Regular Army soldiers in the five battalions 
     upon termination of the pilot program.
       (E) For any other uses of contractor personnel for Army 
     recruiting activities that the Secretary determines 
     appropriate.
       (e) Duration of Pilot Programs.--The pilot programs 
     required by this section shall be carried out during the 
     period beginning on October 1, 2000, and, subject to 
     subsection (f), ending on December 31, 2005.
       (f) Authority To Expand or Extend Pilot Programs.--The 
     Secretary may expand the scope of any of the pilot programs 
     (under subsection (b)(3)(F), (c)(4)(D), (d)(2)(E), or 
     otherwise) or extend the period for any of the pilot 
     programs. Before doing so in the case of a pilot program, the 
     Secretary shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a written 
     notification of the expansion of the pilot program (together 
     with the scope of the expansion) or the continuation of the 
     pilot program (together with the period of the extension), as 
     the case may be.
       (g) Relationship to Other Law.--The Secretary may exercise 
     the authority to carry out a

[[Page 14513]]

     pilot program under this section without regard to any other 
     provision of law that, except for this subsection, would 
     otherwise restrict the actions taken by the Secretary under 
     that authority.
       (h) Reports.--Not later than February 1, 2006, the 
     Secretary of the Army shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     separate report on each of the pilot programs carried out 
     under this section. The report on a pilot program shall 
     include the following:
       (1) The Secretary's assessment of the value of the actions 
     taken in the administration of the pilot program for 
     increasing the effectiveness and efficiency of Army 
     recruiting.
       (2) Any recommendations for legislation or other action 
     that the Secretary considers appropriate to increase the 
     effectiveness and efficiency of Army recruiting.

     SEC. 552. ENHANCEMENT OF THE JOINT AND SERVICE RECRUITMENT 
                   MARKET RESEARCH AND ADVERTISING PROGRAMS.

       The Secretary of Defense shall take appropriate actions to 
     enhance the effectiveness of the Joint and Service Recruiting 
     and Advertising Programs through an aggressive program of 
     advertising and market research targeted to prospective 
     recruits for the Armed Forces and to persons who influence 
     prospective recruits. Chapter 35 of title 44, United States 
     Code, shall not apply to actions taken under this section.

     SEC. 553. ACCESS TO SECONDARY SCHOOLS FOR MILITARY RECRUITING 
                   PURPOSES.

       (a) Requirement for Access.--Section 503(c) of title 10, 
     United States Code, is amended to read as follows:
       ``(c) Access to Secondary Schools.--(1) Each local 
     educational agency shall provide to the Department of 
     Defense, upon a request made for military recruiting 
     purposes, the same access to secondary school students, and 
     to directory information concerning such students, as is 
     provided generally to post-secondary educational institutions 
     or to prospective employers of those students, except as 
     provided in paragraph (5).
       ``(2) If a local educational agency denies a request for 
     recruiting access that must be granted under paragraph (1), 
     the Secretary of the military department for which the 
     request is made shall designate a general or flag officer of 
     the armed force concerned or a senior executive of that 
     military department to visit the local educational agency for 
     the purpose of arranging for recruiting access. The 
     designated officer or senior executive shall make the visit 
     within 120 days after the date of the denial of the request.
       ``(3) Upon a determination by the Secretary of Defense 
     that, after the actions under paragraph (2) have been taken 
     with respect to a local educational agency, the agency 
     continues to deny recruiting access, the Secretary shall 
     transmit to the Chief Executive of the State in which the 
     local educational agency is located a notification of the 
     denial of access and a request for assistance in obtaining 
     the requested access. The notification shall be transmitted 
     within 60 days after the date of the determination. The 
     Secretary shall provide copies of communications between the 
     Secretary and a Chief Executive under this subparagraph to 
     the Secretary of Education.
       ``(4) If a local educational agency continues to deny 
     recruiting access one year after the date of the transmittal 
     of a notification regarding that agency under paragraph (3), 
     the Secretary shall--
       ``(A) determine whether the agency denies recruiting access 
     to at least two of the armed forces (other than the Coast 
     Guard when it is not operating as a service in the Navy); and
       ``(B) upon making an affirmative determination under 
     subparagraph (A), transmit a notification of the denial of 
     recruiting access to--
       ``(i) the Committees on Armed Services of the Senate and 
     the House of Representatives;
       ``(ii) the Senators of the State in which the local 
     educational agency operates; and
       ``(iii) the member of the House of Representatives who 
     represents the district in which the local educational agency 
     operates.
       ``(5) The requirements of this subsection do not apply to a 
     local educational agency with respect to access to secondary 
     school students or access to directory information concerning 
     such students during any period that there is in effect a 
     policy of the agency, established by majority vote of the 
     governing body of the agency, to deny access to the students 
     or to the directory information, respectively, for military 
     recruiting purposes.
       ``(6) In this subsection:
       ``(A) The term `local educational agency' includes a 
     private secondary educational institution.
       ``(B) The term `recruiting access' means access requested 
     as described in paragraph (1).
       ``(C) The term `senior executive' has the meaning given 
     that term in section 3132(a)(3) of title 5.
       ``(D) The term `State' includes the District of Columbia, 
     American Samoa, the Federated States of Micronesia, Guam, the 
     Republic of the Marshall Islands, the Commonwealth of the 
     Northern Mariana Islands, the Commonwealth of Puerto Rico, 
     the Republic of Palau, and the United States Virgin 
     Islands.''.
       (b) Technical Amendments.--Section 503 of title 10, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``Recruiting 
     Campaigns.--'' after ``(a)'';
       (2) in subsection (b), by inserting ``Compilation of 
     Directory Information.--'' after ``(b)''; and
       (3) in subsection (c), by inserting ``Access to Secondary 
     Schools.--'' after ``(c)''.
       (c) Effective Dates.--(1) The amendment made by subsection 
     (a) shall take effect on July 1, 2002.
       (2) The amendments made by subsection (b) shall take effect 
     on the date of the enactment of this Act.

             Subtitle E--Military Voting Rights Act of 2000

     SEC. 561. SHORT TITLE.

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

     SEC. 562. 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;
       ``(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. 563. 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''.

                       Subtitle F--Other Matters

     SEC. 571. AUTHORITY FOR AWARD OF MEDAL OF HONOR TO CERTAIN 
                   SPECIFIED PERSONS.

       (a) Inapplicability of Time Limitations.--Notwithstanding 
     the time limitations in section 3744(b) of title 10, United 
     States Code, or any other time limitation, the President may 
     award the Medal of Honor under section 3741 of such title to 
     the persons specified in subsection (b) for the acts 
     specified in that subsection, the award of the Medal of Honor 
     to such persons having been determined by the Secretary of 
     the Army to be warranted in accordance with section 1130 of 
     such title.
       (b) Persons Eligible To Receive the Medal of Honor.--The 
     persons referred to in subsection (a) are the following:
       (1) Ed W. Freeman, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on November 14, 1965, as flight leader and second-in-
     command of a helicopter lift unit at landing zone X-Ray in 
     the Battle of the Ia Drang Valley, Republic of Vietnam, 
     during the Vietnam War, while serving in the grade of Captain 
     in Alpha Company, 229th Assault Helicopter Battalion, 101st 
     Cavalry Division (Airmobile).
       (2) James K. Okubo, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on October 28 and 29, and November 4, 1944, at Foret 
     Domaniale de Champ, near Biffontaine, France, during World 
     War II, while serving as an Army medic in the grade of 
     Technician Fifth Grade in the medical detachment, 442d 
     Regimental Combat Team.
       (3) Andrew J. Smith, for conspicuous acts of gallantry and 
     intrepidity at the risk of his life and beyond the call of 
     duty on November 30, 1864, in the Battle of Honey Hill, South 
     Carolina, during the Civil War, while serving as a corporal 
     in the 55th Massachusetts Voluntary Infantry Regiment.
       (c) Posthumous Award.--The Medal of Honor may be awarded 
     under this section posthumously, as provided in section 3752 
     of title 10, United States Code.
       (d) Prior Award.--The Medal of Honor may be awarded under 
     this section for service for which a Silver Star, or other 
     award, has been awarded.

     SEC. 572. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 
                   DECORATIONS TO CERTAIN PERSONS.

       (a) Waiver.--Any limitation established by law or policy 
     for the time within which a recommendation for the award of a 
     military decoration or award must be submitted shall not 
     apply to awards of decorations described in this section, the 
     award of each such decoration having been determined by the 
     Secretary concerned to be warranted in accordance with 
     section 1130 of title 10, United States Code.
       (b) Silver Star.--Subsection (a) applies to the award of 
     the Silver Star to Louis Rickler, of Rochester, New York, for 
     gallantry in action from August 18 to November 18, 1918, 
     while serving as a member of the Army.
       (c) Distinguished Flying Cross.--Subsection (a) applies to 
     the award of the Distinguished Flying Cross for service 
     during World War II or

[[Page 14514]]

     Korea (including multiple awards to the same individual) in 
     the case of each individual concerning whom the Secretary of 
     the Navy (or an officer of the Navy acting on behalf of the 
     Secretary) submitted to the Committee on Armed Services of 
     the House of Representatives and the Committee on Armed 
     Services of the Senate, during the period beginning on 
     October 5, 1999, and ending on the day before the date of the 
     enactment of this Act, a notice as provided in section 
     1130(b) of title 10, United States Code, that the award of 
     the Distinguished Flying Cross to that individual is 
     warranted and that a waiver of time restrictions prescribed 
     by law for recommendation for such award is recommended.

     SEC. 573. INELIGIBILITY FOR INVOLUNTARY SEPARATION PAY UPON 
                   DECLINATION OF SELECTION FOR CONTINUATION ON 
                   ACTIVE DUTY.

       (a) Ineligibility.--Section 1174(a)(1) of title 10, United 
     States Code, is amended--
       (1) by inserting ``, 637(a)(4),'' after ``section 
     630(1)(A)''; and
       (2) by inserting ``(except under section 580(e)(2))'' after 
     ``section 580''.
       (b) Effective Date and Applicability.--The amendments made 
     by subsection (a) shall take effect on October 1, 2000, and 
     shall apply with respect to discharges and retirements from 
     active duty that take effect under section 580(e)(2) or 
     637(a)(4) of title 10, United States Code, on or after that 
     date.

     SEC. 574. RECOGNITION BY STATES OF MILITARY TESTAMENTARY 
                   INSTRUMENTS.

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

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

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

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

     SEC. 575. SENSE OF CONGRESS ON THE COURT-MARTIAL CONVICTION 
                   OF CAPTAIN CHARLES BUTLER MCVAY, COMMANDER OF 
                   THE U.S.S. INDIANAPOLIS, AND ON THE COURAGEOUS 
                   SERVICE OF ITS CREW.

       (a) Findings.--Congress makes the following findings:
       (1) Shortly after midnight on the morning of July 30, 1945, 
     the United States Navy heavy cruiser U.S.S. Indianapolis (CA-
     35) was torpedoed and sunk by the Japanese submarine I-58 in 
     what became the worst sea disaster in the history of the 
     United States Navy.
       (2) Although approximately 900 of the ship's crew of 1,196 
     survived the actual sinking, only 316 of those courageous 
     sailors survived when rescued after four and a half days 
     adrift in the open sea.
       (3) Nearly 600 of the approximately 900 men who survived 
     the sinking perished from battle wounds, drowning, predatory 
     shark attacks, exposure to the elements, and lack of food and 
     potable water.
       (4) Rescue came for the remaining 316 sailors when they 
     were spotted by chance by Navy Lieutenant Wilbur C. Gwinn 
     while flying a routine naval air patrol mission.
       (5) After the end of World War II, the commanding officer 
     of the U.S.S. Indianapolis, Captain Charles Butler McVay, who 
     was rescued with the other survivors, was court-martialed for 
     ``suffering a vessel to be hazarded through negligence'' by 
     failing to zigzag (a naval tactic employed to help evade 
     submarine attacks), and was convicted even though--
       (A) the choice to zigzag was left to Captain McVay's 
     discretion in his orders; and
       (B) Motchisura Hashimoto, the commander of the Japanese 
     submarine that sank the U.S.S. Indianapolis, and Glynn R. 
     Donaho, a United States Navy submarine commander highly 
     decorated for his service during World War II, both testified 
     at Captain McVay's court-martial trial that the Japanese 
     submarine could have sunk the U.S.S. Indianapolis whether or 
     not it had been zigzagging, an assertion that the Japanese 
     submarine commander has since reaffirmed in a letter to the 
     Chairman of the Committee on Armed Services of the Senate.
       (6) Although not argued by Captain McVay's defense counsel 
     in the court-martial trial, poor visibility on the night of 
     the sinking (as attested in surviving crew members' 
     handwritten accounts recently discovered at the National 
     Archives) justified Captain McVay's choice not to zigzag as 
     that choice was consistent with the applicable Navy 
     directives in force in 1945, which stated that, ``During 
     thick weather and at night, except on very clear nights or 
     during bright moonlight, vessels normally cease zig-
     zagging.''.
       (7) Naval officials failed to provide Captain McVay with 
     available support that was critical to the safety of the 
     U.S.S. Indianapolis and its crew on what became its final 
     mission by--
       (A) disapproving a request made by Captain McVay for a 
     destroyer escort for the U.S.S. Indianapolis across the 
     Philippine Sea as being ``not necessary'';
       (B) not informing Captain McVay that naval intelligence 
     sources, through signal intelligence (the Japanese code 
     having been broken earlier in World War II), had become aware 
     that the Japanese submarine I-58 was operating in the area of 
     the U.S.S. Indianapolis' course (as disclosed in evidence 
     presented in a hearing of the Committee on Armed Services of 
     the Senate); and
       (C) not informing Captain McVay of the sinking of the 
     destroyer escort U.S.S. Underhill by a Japanese submarine 
     within range of the course of the U.S.S. Indianapolis four 
     days before the U.S.S. Indianapolis departed Guam on its 
     fatal voyage.
       (8) Captain McVay's court-martial initially was opposed by 
     his immediate command superiors, Fleet Admiral Chester Nimitz 
     (CINCPAC) and Vice Admiral Raymond Spruance of the 5th fleet, 
     for which the U.S.S. Indianapolis served as flagship, but, 
     despite their recommendations, Secretary of the Navy James 
     Forrestal ordered the court-martial, largely on the basis of 
     the recommendation of Admiral King, Chief of Naval 
     Operations.

[[Page 14515]]

       (9) There is no explanation on the public record for 
     Secretary Forestal's overruling of the recommendations made 
     by Admirals Nimitz and Spruance.
       (10) Captain McVay was the only commander of a United 
     States Navy vessel lost in combat to enemy action during 
     World War II who was subjected to a court-martial trial for 
     such a loss, even though several hundred United States Navy 
     ships were lost in combat to enemy action during World War 
     II.
       (11) The survivors of the U.S.S. Indianapolis 
     overwhelmingly conclude that McVay was not at fault and have 
     dedicated their lives to vindicating their Captain, Charles 
     McVay, but time is running out for the 130 remaining members 
     of the crew in their united and steadfast quest to clear 
     their Captain's name.
       (12) Although Captain McVay was promoted to Rear Admiral 
     upon retirement from the Navy, he never recovered from the 
     stigma of his post- war court-martial and in 1968, 
     tragically, took his own life.
       (13) Captain McVay was a graduate of the United States 
     Naval Academy, was an exemplary career naval officer with an 
     outstanding record (including participation in the amphibious 
     invasions of North Africa, the assault on Iwo Jima, and the 
     assault on Okinawa where he survived a fierce kamikaze 
     attack), was a recipient of the Silver Star earned for 
     courage under fire during the Solomon Islands campaign, and, 
     with his crew, had so thoroughly demonstrated proficiency in 
     naval warfare that the Navy entrusted Captain McVay and the 
     crew with transporting, on their fatal cruise, the components 
     necessary for assembling the atomic bombs that were exploded 
     over Hiroshima and Nagasaki to end the war with Japan.
       (b) Sense of Congress.--(1) It is the sense of Congress, on 
     the basis of the facts presented in a public hearing 
     conducted by the Committee on Armed Services of the Senate on 
     September 14, 1999, including evidence not available at the 
     time of Captain Charles Butler McVay's court-martial, and on 
     the basis of extensive interviews and questioning of 
     witnesses and knowledgeable officials and a review of the 
     record of the court-martial for and in that hearing, that--
       (A) recognizing that the Secretary of the Navy remitted the 
     sentence of the court-martial and that Admiral Nimitz, as 
     Chief of Naval Operations, restored Captain McVay to active 
     duty, the American people should now recognize Captain 
     McVay's lack of culpability for the tragic loss of the U.S.S. 
     Indianapolis and the lives of the men who died as a result of 
     her sinking; and
       (B) knowing that vital information was not available to the 
     court-martial board and that, as a result, Captain McVay was 
     convicted, Captain McVay's military record should now reflect 
     that he is exonerated for the loss of the ship and its crew.
       (2) It is, further, the sense of Congress that Congress 
     strongly encourages the Secretary of the Navy to award a Navy 
     Unit Commendation to the U.S.S. Indianapolis and its final 
     crew.

     SEC. 576. 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 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.

[[Page 14516]]

       (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.

     SEC. 577. VERBATIM RECORDS IN SPECIAL COURTS-MARTIAL.

       (a) When Required.--Subsection (c)(1)(B) of section 854 of 
     title 10, United States Code (article 54 of the Uniform Code 
     of Military Justice), is amended by inserting after ``bad-
     conduct discharge'' the following: ``, confinement for more 
     than six months, or forfeiture of pay for more than six 
     months''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as of April 1, 2000, and 
     shall apply with respect to charges referred on or after that 
     date to trial by special courts-martial.

     SEC. 578. MANAGEMENT AND PER DIEM REQUIREMENTS FOR MEMBERS 
                   SUBJECT TO LENGTHY OR NUMEROUS DEPLOYMENTS.

       (a) Management of Deployments of Members.--Section 586(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65; 113 Stat. 637) is amended in the 
     text of section 991 of title 10, United States Code, set 
     forth in such section 586(a)--
       (1) in subsection (a), by striking ``an officer in the 
     grade of general or admiral'' in the second sentence and 
     inserting ``the designated component commander for the 
     member's armed force''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``or homeport, as the 
     case may'' before the period at the end;
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) In the case of a member of a reserve component 
     performing active service, the member shall be considered 
     deployed or in a deployment for the purposes of paragraph (1) 
     on any day on which, pursuant to orders that do not establish 
     a permanent change of station, the member is performing the 
     active service at a location that--
       ``(A) is not the member's permanent training site; and
       ``(B) is--
       ``(i) at least 100 miles from the member's permanent 
     residence; or
       ``(ii) a lesser distance from the member's permanent 
     residence that, under the circumstances applicable to the 
     member's travel, is a distance that requires at least three 
     hours of travel to traverse.''; and
       (D) in paragraph (3), as redesignated by subparagraph (B) 
     of this paragraph--
       (i) by striking ``or'' at the end of subparagraph (A);
       (ii) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(C) unavailable solely because of--
       ``(i) a hospitalization of the member at the member's 
     permanent duty station or homeport or in the immediate 
     vicinity of the member's permanent residence; or
       ``(ii) a disciplinary action taken against the member.''.
       (b) Associated Per Diem Allowance.--Section 586(b) of that 
     Act (113 Stat. 638) is amended in the text of section 435 of 
     title 37, United States Code, set forth in such section 
     586(b)--
       (1) in subsection (a), by striking ``251 days or more out 
     of the preceding 365 days'' and inserting ``501 or more days 
     out of the preceding 730 days''; and
       (2) in subsection (b), by striking ``prescribed under 
     paragraph (3)'' and inserting ``prescribed under paragraph 
     (4)''.
       (c) Review of Management of Deployments of Individual 
     Members.-- Not later than March 31, 2002, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     administration of section 991 of title 10, United States Code 
     (as added by section 586(a) of the National Defense 
     Authorization Act for Fiscal Year 2000), during the first 
     year that such section 991 is in effect. The report shall 
     include--
       (1) a discussion of the experience in tracking and 
     recording the deployments of members of the Armed Forces; and
       (2) any recommendations for revision of such section 991 
     that the Secretary considers appropriate.

     SEC. 579. EXTENSION OF TRICARE MANAGED CARE SUPPORT 
                   CONTRACTS.

       (a) Authority.--Notwithstanding any other provision of law, 
     the TRICARE managed care support contracts in effect, or in 
     final stages of acquisition as of September 30, 1999, may be 
     extended for four years, subject to subsection (b).
       (b) Conditions.--Any extension of a contract under 
     paragraph (1)--
       (1) may be made only if the Secretary of Defense determines 
     that it is in the best interest of the Government to do so; 
     and
       (2) shall be based on the price in the final best and final 
     offer for the last year of the existing contract as adjusted 
     for inflation and other factors mutually agreed to by the 
     contractor and the Government.

     SEC. 580. PREPARATION, PARTICIPATION, AND CONDUCT OF ATHLETIC 
                   COMPETITIONS AND SMALL ARMS COMPETITIONS BY THE 
                   NATIONAL GUARD AND MEMBERS OF THE NATIONAL 
                   GUARD.

       (a) Preparation and Participation of Members Generally.--
     Subsection (a) of section 504 of title 32, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) in paragraph (3)--
       (A) by inserting ``prepare for and'' before 
     ``participate''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(4) prepare for and participate in qualifying athletic 
     competitions.''.
       (b) Conduct of Competitions.--That section is further 
     amended by adding at the end the following new subsection:
       ``(c)(1) Units of the National Guard may conduct small arms 
     competitions and athletic competitions in conjunction with 
     training required under this chapter if such activities would 
     meet the requirements set forth in paragraphs (1), (3), and 
     (4) of section 508(a) of this title if such activities were 
     services to be provided under that section.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with 
     activities under paragraph (1).''.
       (c) Availability of Funds.--That section is further amended 
     by adding at the end the following new subsection:
       ``(d) Subject to provisions of appropriations Acts, amounts 
     appropriated for the National Guard may be used in order to 
     cover the costs of activities under subsection (c) and of 
     expenses of members of the National Guard under paragraphs 
     (3) and (4) of subsection (a), including expenses of 
     attendance and participation fees, travel, per diem, 
     clothing, equipment, and related expenses.''.
       (d) Qualifying Athletic Competitions Defined.--That section 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) In this section, the term `qualifying athletic 
     competition' means a competition in athletic events that 
     require skills relevant to military duties or involve aspects 
     of physical fitness that are evaluated by the armed forces in 
     determining whether a member of the National Guard is fit for 
     military duty.''.
       (e) Conforming and Clerical Amendments.--(1) The section 
     heading of such section is amended to read as follows:

     ``Sec. 504. National Guard schools; small arms competitions; 
       athletic competitions''.

       (2) The table of sections at the beginning of chapter 5 of 
     that title is amended by striking the item relating to 
     section 504 and inserting the following new item:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

[[Page 14517]]



     SEC. 602. CORRECTIONS FOR BASIC PAY TABLES.

       Section 601(c) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65) is amended--
       (1) in footnote 2 under the first table (113 Stat. 646), 
     relating to commissioned officers, by striking ``$12,441.00'' 
     and inserting ``$12,488.70''; and
       (2) in footnote 2 under the fourth table (113 Stat. 648), 
     relating to enlisted members, by striking ``$4,701.00'' and 
     inserting ``$4,719.00''.

     SEC. 603. PAY IN LIEU OF ALLOWANCE FOR FUNERAL HONORS DUTY.

       (a) Compensation at Rate for Inactive-Duty Training.--(1) 
     Section 115(b)(2) of title 32, United States Code, is amended 
     to read as follows:
       ``(2) as directed by the Secretary concerned, either--
       ``(A) the allowance under section 435 of title 37; or
       ``(B) compensation under section 206 of title 37.''.
       (2) Section 12503(b)(2) of title 10, United States Code, is 
     amended to read as follows:
       ``(2) as directed by the Secretary concerned, either--
       ``(A) the allowance under section 435 of title 37; or
       ``(B) compensation under section 206 of title 37.''.
       (b) Conforming Repeal.--Section 435 of title 37, United 
     States Code, is amended by striking subsection (c).
       (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 months beginning on or after that 
     date.

     SEC. 604. CLARIFICATION OF SERVICE EXCLUDED IN COMPUTATION OF 
                   CREDITABLE SERVICE AS A MARINE CORPS OFFICER.

       (a) Service as Reserve Enlisted Member in Platoon Leaders 
     Class.--Section 205(f) of title 37, United States Code, is 
     amended by striking ``that the officer performed concurrently 
     as a member'' and inserting ``that the officer performed 
     concurrently as an enlisted member''.
       (b) Correction of Reference.--Such section 205(f) is 
     further amended by striking ``section 12209'' and inserting 
     ``section 12203''.

     SEC. 605. CALCULATION OF BASIC ALLOWANCE FOR HOUSING.

       (a) Rates.--Subsection (b) of section 403 of title 37, 
     United States Code, is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraph (1) as paragraph (2);
       (3) by inserting after ``(b) Basic Allowance for Housing 
     Inside the United States.--'' the following: ``(1) The 
     Secretary of Defense shall prescribe the rates of the basic 
     allowance for housing that are applicable for the various 
     military housing areas in the United States. The rates for an 
     area shall be based on the costs of adequate housing 
     determined for the area under paragraph (2).''; and
       (4) in paragraph (6), by striking ``, changes in the 
     national average monthly cost of housing,''.
       (b) Repeal of Limitation on Total Payments.--Subsection (b) 
     of such section is further amended--
       (1) by striking paragraphs (3) and (5); and
       (2) by redesignating paragraphs (4), (6), and (7) as 
     paragraphs (3), (4), and (5), respectively.

     SEC. 606. ELIGIBILITY OF MEMBERS IN GRADE E-4 TO RECEIVE 
                   BASIC ALLOWANCE FOR HOUSING WHILE ON SEA DUTY.

       (a) Payment Authorized.--Subsection (f)(2)(B) of section 
     403 of title 37, United States Code, is amended--
       (1) by striking ``E-5'' in the first sentence and inserting 
     ``E-4 or E-5''; and
       (2) by striking ``grade E-5'' in the second sentence and 
     inserting ``grades E-4 and E-5''.
       (b) Conforming Amendment.--Subsection (m)(1)(B) of such 
     section is amended by striking ``E-4'' and inserting ``E-3''.

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

       (a) Authority.--Section 414 of title 37, United States 
     Code, is amended by adding at the end the following:
       ``(c) In addition to other pay or allowances authorized by 
     this title, a noncommissioned officer is entitled to a 
     personal money allowance of $2,000 a year while serving as 
     the Sergeant Major of the Army, the Master Chief Petty 
     Officer of the Navy, the Chief Master Sergeant of the Air 
     Force, the Sergeant Major of the Marine Corps, or the Master 
     Chief Petty Officer of the Coast Guard.''.
       (b) Effective Date.--This section and the amendment made by 
     this section shall take effect on October 1, 2000.

     SEC. 608. INCREASED UNIFORM ALLOWANCES FOR OFFICERS.

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

     SEC. 609. CABINET-LEVEL AUTHORITY TO PRESCRIBE REQUIREMENTS 
                   AND ALLOWANCE FOR CLOTHING OF ENLISTED MEMBERS.

       Section 418 of title 37, United States Code, is amended--
       (1) in subsection (a), by striking ``The President'' and 
     inserting ``The Secretary of Defense and the Secretary of 
     Transportation, with respect to the Coast Guard when it is 
     not operating as a service in the Navy,''; and
       (2) in subsection (b), by striking ``the President'' and 
     inserting ``the Secretary of Defense''.

     SEC. 610. SPECIAL SUBSISTENCE ALLOWANCE FOR MEMBERS ELIGIBLE 
                   TO RECEIVE FOOD STAMP ASSISTANCE.

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

     ``Sec. 402a. Special subsistence allowance

       ``(a) Entitlement.--(1) Upon the application of an eligible 
     member of a uniformed service described in subsection (b), 
     the Secretary concerned shall pay the member a special 
     subsistence allowance for each month for which the member is 
     eligible to receive food stamp assistance.
       ``(2) In determining the eligibility of a member to receive 
     food stamp assistance for purposes of this section, the 
     amount of any special subsistence allowance paid the member 
     under this section shall not be taken into account.
       ``(b) Covered Members.--An enlisted member referred to in 
     subsection (a) is an enlisted member in pay grade E-5 or 
     below.
       ``(c) Termination of Entitlement.--The entitlement of a 
     member to receive payment of a special subsistence allowance 
     terminates upon the occurrence of any of the following 
     events:
       ``(1) Termination of eligibility for food stamp assistance.
       ``(2) Payment of the special subsistence allowance for 12 
     consecutive months.
       ``(3) Promotion of the member to a higher grade.
       ``(4) Transfer of the member in a permanent change of 
     station.
       ``(d) Reestablished Entitlement.--(1) After a termination 
     of a member's entitlement to the special subsistence 
     allowance under subsection (c), the Secretary concerned shall 
     resume payment of the special subsistence allowance to the 
     member if the Secretary determines, upon further application 
     of the member, that the member is eligible to receive food 
     stamps.
       ``(2) Payments resumed under this subsection shall 
     terminate under subsection (c) upon the occurrence of an 
     event described in that subsection after the resumption of 
     the payments.
       ``(3) The number of times that payments are resumed under 
     this subsection is unlimited.
       ``(e) Documentation of Eligibility.--A member of the 
     uniformed services applying for the special subsistence 
     allowance under this section shall furnish the Secretary 
     concerned with such evidence of the member's eligibility for 
     food stamp assistance as the Secretary may require in 
     connection with the application.
       ``(f) Amount of Allowance.--The monthly amount of the 
     special subsistence allowance under this section is $180.
       ``(g) Relationship to Basic Allowance for Subsistence.--The 
     special subsistence allowance under this section is in 
     addition to the basic allowance for subsistence under section 
     402 of this title.
       ``(h) Food Stamp Assistance Defined.--In this section, the 
     term `food stamp assistance' means assistance under the Food 
     Stamp Act of 1977 (7 U.S.C. 2011 et seq.).
       ``(i) Termination of Authority.--No special subsistence 
     allowance may be made under this section for any month 
     beginning after September 30, 2005.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     402 the following:

``402a. Special subsistence allowance.''.
       (b) Effective Date.--Section 402a of title 37, United 
     States Code, shall take effect on the first day of the first 
     month that begins on or after the date of the enactment of 
     this Act.
       (c) Annual Report.--(1) Not later than March 1 of each year 
     after 2000, the Comptroller General of the United States 
     shall submit to Congress a report setting forth the number of 
     members of the uniformed services who are eligible for 
     assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011 et 
     seq.).
       (2) In preparing the report, the Comptroller General shall 
     consult with the Secretary of Defense, the Secretary of 
     Transportation (with respect to the Coast Guard), the 
     Secretary of Health and Human Services (with respect to the 
     commissioned corps of the Public Health Service), and the 
     Secretary of Commerce (with respect to the commissioned 
     officers of the National Oceanic and Atmospheric 
     Administration), who shall provide the Comptroller General 
     with any information that the Comptroller General determines 
     necessary to prepare the report.
       (3) No report is required under this subsection after March 
     1, 2005.

     SEC. 610A. 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 14518]]



                            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.

     SEC. 610B. BASIC ALLOWANCE FOR HOUSING.

       (a) Applicability of Low-Cost and No-Cost Reassignments to 
     Members With Dependents.--Subsection (b)(7) of section 403 of 
     title 37, United States Code, is amended by striking 
     ``without dependents''.
       (b) Allowance When Dependents Are Unable To Accompany 
     Members.--Subsection (d) of such section is amended by 
     striking paragraph (3) and inserting the following:
       ``(3) In the case of a member with dependents who is 
     assigned to duty in an area that is different from the area 
     in which the member's dependents reside--
       ``(A) the member shall receive a basic allowance for 
     housing as provided in subsection (b) or (c), as appropriate;
       ``(B) if the member is assigned to duty in an area or under 
     circumstances that, as determined by the Secretary concerned, 
     require the member's dependents to reside in a different 
     area, the member shall receive a basic allowance for housing 
     as if the member were assigned to duty in the area in which 
     the dependents reside or at the member's last duty station, 
     whichever the Secretary concerned determines to be equitable; 
     or
       ``(C) if the member is assigned to duty in that area under 
     the conditions of low-cost or no-cost permanent change of 
     station or permanent change of assignment and the Secretary 
     concerned determines that it would be inequitable to base the 
     member's entitlement to, and amount of, a basic allowance for 
     housing on the cost of housing in the area to which the 
     member is reassigned, the member shall receive a basic 
     allowance for housing as if the member were assigned to duty 
     at the member's last duty station.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2000, and shall apply 
     with respect to pay periods beginning on and after that date.

           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

       (a) Aviation Officer Retention Bonus.--Section 301b(a) of 
     title 37, United States Code, is amended by striking 
     ``December 31, 2000,'' and inserting ``December 31, 2001,''.
       (b) Reenlistment Bonus for Active Members.--Section 308(g) 
     of such title is amended by striking ``December 31, 2000'' 
     and inserting ``December 31, 2001''.
       (c) Enlistment Bonus for Persons With Critical Skills.--
     Section 308a(d) of such title is amended by striking 
     ``December 31, 2000'' and inserting ``December 31, 2001''.
       (d) Army Enlistment Bonus.--Section 308f(c) of such title 
     is amended by striking ``December 31, 2000'' and inserting 
     ``December 31, 2001''.
       (e) Special Pay for Nuclear-Qualified Officers Extending 
     Period of Active Service.--Section 312(e) of such title is 
     amended by striking ``December 31, 2000'' and inserting 
     ``December 31, 2001''.
       (f) Nuclear Career Accession Bonus.--Section 312b(c) of 
     such title is amended by striking ``December 31, 2000'' and 
     inserting ``December 31, 2001''.
       (g) Nuclear Career Annual Incentive Bonus.--Section 312c(d) 
     of such title is amended by striking ``December 31, 2000'' 
     and inserting ``December 31, 2001''.

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

       (a) Reserve Medical Officers Special Pay.--Section 
     302(h)(1) of title 37, United States Code, is amended by 
     adding at the end: ``, including active duty in the form of 
     annual training, active duty for training, and active duty 
     for special work''.
       (b) Reserve Dental Officers Special Pay Amendment.--
     Subsection (d) of section 302f of title 37, United States 
     Code, is amended to read as follows:
       ``(d) Special Rule for Reserve Medical and Dental 
     Officers.--While a Reserve medical or dental officer receives 
     a special pay under section 302 or 302b of this title by 
     reason of subsection (a), the officer shall not be entitled 
     to special pay under section 302(h) or 302b(h) of this 
     title.''.

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

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

[[Page 14519]]



     SEC. 616. AUTHORIZATION OF SPECIAL PAY AND ACCESSION BONUS 
                   FOR PHARMACY OFFICERS.

       (a) Authorization of Special Pay.--Chapter 5 of title 37, 
     United States Code, is amended by inserting after section 
     302h the following new section:

     ``Sec. 302i. Special pay: pharmacy officers

       ``(a) Army, Navy, and Air Force Pharmacy Officers.--Under 
     regulations prescribed pursuant to section 303a of this 
     title, the Secretary of the military department concerned 
     may, subject to subsection (c), pay special pay at the rates 
     specified in subsection (d) to an officer who--
       ``(1) is a pharmacy officer in the Medical Service Corps of 
     the Army or Navy or the Biomedical Sciences Corps of the Air 
     Force; and
       ``(2) is on active duty under a call or order to active 
     duty for a period of not less than one year.
       ``(b) Public Health Service Corps.--Subject to subsection 
     (c), the Secretary of Health and Human Services may pay 
     special pay at the rates specified in subsection (d) to an 
     officer who--
       ``(1) is an officer in the Regular or Reserve Corps of the 
     Public Health Service and is designated as a pharmacy 
     officer; and
       ``(2) is on active duty under a call or order to active 
     duty for a period of not less than one year.
       ``(c) Limitation.--Special pay may not be paid under this 
     section to an officer serving in a pay grade above pay grade 
     O-6.
       ``(d) Rate of Special Pay.--The rate of special pay paid to 
     an officer subsection (a) or (b) is as follows:
       ``(1) $3,000 per year, if the officer is undergoing 
     pharmacy internship training or has less than 3 years of 
     creditable service.
       ``(2) $7,000 per year, if the officer has at least 3 but 
     less than 6 years of creditable service and is not undergoing 
     pharmacy internship training.
       ``(3) $7,000 per year, if the officer has at least 6 but 
     less than 8 years of creditable service.
       ``(4) $12,000 per year, if the officer has at least 8 but 
     less than 12 years of creditable service.
       ``(5) $10,000 per year, if the officer has at least 12 but 
     less than 14 years of creditable service.
       ``(6) $9,000 per year, if the officer has at least 14 but 
     less than 18 years of creditable service.
       ``(7) $8,000 per year, if the officer has 18 or more years 
     of creditable service.''.
       (b) Authorization of Accession Bonuses.--Chapter 5 of that 
     title is further amended by inserting after section 302i, as 
     added by subsection (a) of this section, the following new 
     section:

     ``Sec. 302j. Special pay: accession bonus for pharmacy 
       officers

       ``(a) Accession Bonus Authorized.--A person who is a 
     graduate of an accredited pharmacy school and who, during the 
     period beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2001 and ending on 
     September 30, 2004, executes a written agreement described in 
     subsection (c) to accept a commission as an officer of a 
     uniformed service and remain on active duty for a period of 
     not less than 4 years may, upon acceptance of the agreement 
     by the Secretary concerned, be paid an accession bonus in an 
     amount determined by the Secretary concerned.
       ``(b) Limitation on Amount of Bonus.--The amount of an 
     accession bonus under subsection (a) may not exceed $30,000.
       ``(c) Limitation on Eligibility for Bonus.--A person may 
     not be paid a bonus under subsection (a) if--
       ``(1) the person, in exchange for an agreement to accept an 
     appointment as a warrant or commissioned officer, received 
     financial assistance from the Department of Defense or the 
     Department of Health and Human Services to pursue a course of 
     study in pharmacy; or
       ``(2) the Secretary concerned determines that the person is 
     not qualified to become and remain licensed as a pharmacist.
       ``(d) Agreement.--The agreement referred to in subsection 
     (a) shall provide that, consistent with the needs of the 
     uniformed service concerned, the person executing the 
     agreement shall be assigned to duty, for the period of 
     obligated service covered by the agreement, as a pharmacy 
     officer in the Medical Service Corps of the Army or Navy, a 
     biomedical sciences officer in the Air Force designated as a 
     pharmacy officer, or a pharmacy officer of the Public Health 
     Service.
       ``(e) Repayment.--(1) An officer who receives a payment 
     under subsection (a) and who fails to become and remain 
     licensed as a pharmacist during the period for which the 
     payment is made shall refund to the United States an amount 
     equal to the full amount of such payment.
       ``(2) An officer who voluntarily terminates service on 
     active duty before the end of the period agreed to be served 
     under subsection (a) shall refund to the United States an 
     amount that bears the same ratio to the amount paid to the 
     officer as the unserved part of such period bears to the 
     total period agreed to be served.
       ``(3) An obligation to reimburse the United States under 
     paragraph (1) or (2) is for all purposes a debt owed to the 
     United States.
       ``(4) A discharge in bankruptcy under title 11 that is 
     entered less than 5 years after the termination of an 
     agreement under this section does not discharge the person 
     signing such agreement from a debt arising under such 
     agreement or this subsection. This paragraph applies to any 
     case commenced under title 11 after the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2001.''.
       (c) Administration.--Section 303a of title 37, United 
     States Code, is amended by striking ``302h'' each place it 
     appears and inserting ``302j''.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 302h the following new 
     items:

``302i. Special pay: pharmacy officers.
``302j. Special pay: accession bonus for pharmacy officers.''.

     SEC. 617. CORRECTION OF REFERENCES TO AIR FORCE 
                   VETERINARIANS.

       Section 303(a) of title 37, United States Code, is 
     amended--
       (1) in paragraph (1)(B), by striking ``who is designated as 
     a veterinary officer'' and inserting ``who is an officer in 
     the Biomedical Sciences Corps and holds a degree in 
     veterinary medicine''; and
       (2) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) of a reserve component of the Air Force, of the Army 
     or the Air Force without specification of component, or of 
     the National Guard, who--
       ``(i) is designated as a veterinary officer; or
       ``(ii) is an officer in the Biomedical Sciences Corps of 
     the Air Force and holds a degree in veterinary medicine; 
     or''.

     SEC. 618. ENTITLEMENT OF ACTIVE DUTY OFFICERS OF THE PUBLIC 
                   HEALTH SERVICE CORPS TO SPECIAL PAYS AND 
                   BONUSES OF HEALTH PROFESSIONAL OFFICERS OF THE 
                   ARMED FORCES.

       (a) In General.--Section 303a of title 37, United States 
     Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b)(1) Except as provided in paragraph (2) or as 
     otherwise provided under a provision of this chapter, 
     commissioned officers in the Regular or Reserve Corps of the 
     Public Health Service shall be entitled to special pay under 
     the provisions of this chapter in the same amounts, and under 
     the same terms and conditions, as commissioned officers of 
     the armed forces are entitled to special pay under the 
     provisions of this chapter.
       ``(2) A commissioned medical officer in the Regular or 
     Reserve Corps of the Public Health Service (other than an 
     officer serving in the Indian Health Service) may not receive 
     additional special pay under section 302(a)(4) of this title 
     for any period during which the officer is providing 
     obligated service under the following provisions of law:
       ``(A) Section 338B of the Public Health Service Act (42 
     U.S.C. 254l-1).
       ``(B) Section 225(e) of the Public Health Service Act, as 
     that section was in effect before 1, 1977.
       ``(C) Section 752 of the Public Health Service Act, as that 
     section was in effect between October 1, 1977, and August 13, 
     1981.''.
       (b) Repeal of Superseded Provisions.--Section 208(a) of the 
     Public Health Service Act (42 U.S.C. 210(a)) is amended--
       (1) by striking paragraphs (2) and (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) For provisions relating to the receipt of special pay 
     by commissioned officers of the Regular and Reserve Corps 
     while on active duty, see section 303a(b) of title 37, United 
     States Code.''.

     SEC. 619. CAREER SEA PAY.

       (a) Reform of Authorities.--Section 305a of title 37, 
     United States Code, is amended--
       (1) in subsection (a), by striking ``Under regulations 
     prescribed by the President, a member'' and inserting ``A 
     member'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) The Secretary concerned shall prescribe the monthly 
     rates for special pay applicable to members of each armed 
     force under the Secretary's jurisdiction. No monthly rate may 
     exceed $750.
       ``(c) A member of a uniformed service entitled to career 
     sea pay under this section who has served 36 consecutive 
     months of sea duty is also entitled to a career sea pay 
     premium for the thirty-seventh consecutive month and each 
     subsequent consecutive month of sea duty served by such 
     member. The monthly amount of the premium shall be prescribed 
     by the Secretary concerned, but may not exceed $350.
       ``(d) The Secretary concerned shall prescribe regulations 
     for the administration of this section for the armed force or 
     armed forces under the jurisdiction of the Secretary. The 
     entitlements under this section shall be subject to the 
     regulations.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2000, and shall apply with 
     respect to months beginning on or after that date.

     SEC. 620. INCREASED MAXIMUM RATE OF SPECIAL DUTY ASSIGNMENT 
                   PAY.

       Section 307(a) of title 37, United States Code, is 
     amended--
       (1) by striking ``$275'' and inserting ``$600''; and
       (2) by striking the second sentence.

     SEC. 621. EXPANSION OF APPLICABILITY OF AUTHORITY FOR 
                   CRITICAL SKILLS ENLISTMENT BONUS TO INCLUDE ALL 
                   ARMED FORCES.

       (a) Expansion of Authority.--Section 308f of title 37, 
     United States Code, is amended--
       (1) by striking ``Secretary of the Army'' each place it 
     appears and inserting ``Secretary concerned''; and
       (2) by striking ``the Army'' in subsections (a)(3) and (c) 
     and inserting ``an armed force''.

[[Page 14520]]

       (b) Conforming Amendment.--The heading for such section is 
     amended to read as follows:

     ``Sec. 308f. Special pay: bonus for enlistment''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of title 37, United States Code, is 
     amended by striking the item relating to section 308f and 
     inserting the following:

``308f. Special pay: bonus for enlistment.''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000, and 
     shall apply with respect to months beginning on or after that 
     date.

     SEC. 622. ENTITLEMENT OF MEMBERS OF THE NATIONAL GUARD AND 
                   OTHER RESERVES NOT ON ACTIVE DUTY TO RECEIVE 
                   SPECIAL DUTY ASSIGNMENT PAY.

       (a) Authority.--Section 307(a) of title 37, United States 
     Code, is amended by inserting after ``is entitled to basic 
     pay'' in the first sentence the following: ``, or is entitled 
     to compensation under section 206 of this title in the case 
     of a member of a reserve component not on active duty,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the first day of the first month that 
     begins on or after the date of the enactment of this Act.

            Subtitle C--Travel and Transportation Allowances

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

       (a) Subsistence Expenses.--Section 404a of title 37, United 
     States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (d) and (e), respectively; and
       (2) by striking subsection (a) and inserting the following:
       ``(a)(1) Under regulations prescribed by the Secretaries 
     concerned, a member of a uniformed service who is ordered to 
     make a change of permanent station described in paragraph (2) 
     shall be paid or reimbursed for subsistence expenses of the 
     member and the member's dependents for the period (subject to 
     subsection (c)) for which the member and dependents occupy 
     temporary quarters incident to that change of permanent 
     station.
       ``(2) Paragraph (1) applies to the following:
       ``(A) A permanent change of station from any duty station 
     to a duty station in the United States (other than Hawaii or 
     Alaska).
       ``(B) A permanent change of station from a duty station in 
     the United States (other than Hawaii or Alaska) to a duty 
     station outside the United States or in Hawaii or Alaska.
       ``(b) The Secretary concerned may make any payment for 
     subsistence expenses to a member under this section in 
     advance of the incurrence of the expenses. The amount of an 
     advance payment made to a member shall be computed on the 
     basis of the Secretary's determination of the average number 
     of days that members and their dependents occupy temporary 
     quarters under the circumstances applicable to the member and 
     the member's dependents.
       ``(c)(1) In the case of a change of permanent station 
     described in subsection (a)(2)(A), the period for which 
     subsistence expenses are to be paid or reimbursed under this 
     section may not exceed 10 days.
       ``(2) In the case of a change of permanent station 
     described in subsection (a)(2)(B)--
       ``(A) the period for which such expenses are to be paid or 
     reimbursed under this section may not exceed five days; and
       ``(B) such payment or reimbursement may be provided only 
     for expenses incurred before leaving the United States (other 
     than Hawaii or Alaska).''.
       (b) Per Diem.--Section 405 of such title is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Without regard to the monetary limitation of this 
     title, the Secretary concerned may pay a per diem to a member 
     who is on duty outside of the United States or in Hawaii or 
     Alaska, whether or not the member is in a travel status. The 
     Secretary may pay the per diem in advance of the accrual of 
     the per diem.
       ``(b) In determining the per diem to be paid under this 
     section, the Secretary concerned shall consider all elements 
     of the cost of living to members of the uniformed services 
     under the Secretary's jurisdiction and their dependents, 
     including the cost of quarters, subsistence, and other 
     necessary incidental expenses. However, dependents may not be 
     considered in determining the per diem allowance for a member 
     in a travel status.''.

     SEC. 632. INCENTIVE FOR SHIPPING AND STORING HOUSEHOLD GOODS 
                   IN LESS THAN AVERAGE WEIGHTS.

       Section 406(b)(1) of title 37, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(G) The Secretary concerned may pay a member a share 
     (determined by the Secretary) of the amount of the savings 
     resulting to the United States for less than average shipping 
     and storage of the member's baggage and household effects 
     under subparagraph (A). Shipping and storage of a member's 
     baggage and household effects for a member shall be 
     considered as less than average if the total weights of the 
     baggage and household effects shipped and stored are less 
     than the average weights of the baggage and household effects 
     that are shipped and stored, respectively, by members of the 
     same grade and status with respect to dependents as the 
     member in connection with changes of station that are 
     comparable to the member's change of station. The amount of 
     the savings shall be the amount equal to the excess of the 
     cost of shipping and cost of storing such average weights of 
     baggage and household effects, respectively, over the 
     corresponding costs associated with the weights of the 
     member's baggage and household effects. For the 
     administration of this subparagraph, the Secretary of Defense 
     shall annually determine the average weights of baggage and 
     household effects shipped and stored.''.

     SEC. 633. EXPANSION OF FUNDED STUDENT TRAVEL.

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

     SEC. 634. BENEFITS FOR MEMBERS NOT TRANSPORTING PERSONAL 
                   MOTOR VEHICLES OVERSEAS.

       (a) Incentives.--Section 2634 of title 10, United States 
     Code, is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h)(1) If a member of an armed force authorized the 
     transportation of a motor vehicle under subsection (a) elects 
     not to have the vehicle transported and not (if eligible) to 
     have the vehicle stored under subsection (b), the Secretary 
     concerned may pay the member a share (determined by the 
     Secretary) of the amount of the savings resulting to the 
     United States. The Secretary may make the payment in advance 
     of the member's change of permanent station.
       ``(2) The Secretary of Defense shall determine annually the 
     rates of savings to the United States that are associated 
     with elections of a member described in paragraph (1).''.
       (b) Storage as Alternative to Transportation for 
     Unaccompanied Assignments.--Subsection (b) of such section--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) If a member authorized the transportation of a motor 
     vehicle under subsection (a) is not authorized under 
     reassignment orders to be accompanied by dependents on a 
     command-sponsored basis, the member may elect, in lieu of 
     that transportation, to have the motor vehicle stored at a 
     location approved by the Secretary concerned. If storage is 
     elected, the Secretary shall pay the expenses associated with 
     the storage of the vehicle, as authorized under paragraph 
     (4), up to the amount equal to the cost that would have been 
     incurred by the United States for transportation of the 
     vehicle under subsection (a). The member shall be responsible 
     for the payment of the costs of the storage in excess of that 
     amount.''.

                    Subtitle D--Retirement Benefits

     SEC. 641. EXCEPTION TO HIGH-36 MONTH RETIRED PAY COMPUTATION 
                   FOR MEMBERS RETIRED FOLLOWING A DISCIPLINARY 
                   REDUCTION IN GRADE.

       Section 1407 of title 10, United States Code, is amended--
       (1) in subsection (b), by striking ``The retired pay base'' 
     and inserting ``Except as provided in subsection (f), the 
     retired pay base''; and
       (2) by adding at the end the following new subsection:
       ``(f) Exception for Enlisted Members Reduced in Grade and 
     Officers Who Do Not Serve Satisfactorily in Highest Grade 
     Held.--
       ``(1) Computation based on pre-high-three rules.--In the 
     case of a member or former member described in paragraph (2), 
     the retired pay base or retainer pay base is determined under 
     section 1406 of this title in the same manner as if the 
     member or former member first became a member of a uniformed 
     service before September 8, 1980.
       ``(2) Affected members.--A member or former member referred 
     to in paragraph (1) is a member or former member who by 
     reason of conduct occurring after the date of the enactment 
     of this subsection--
       ``(A) in the case of a member retired in an enlisted grade 
     or transferred to the Fleet Reserve or Fleet Marine Corps 
     Reserve, was at any time reduced in grade as the result of a 
     court-martial sentence, nonjudicial punishment, or an 
     administrative action, unless the member was subsequently 
     promoted to a higher enlisted grade or appointed to a 
     commissioned or warrant grade; and

[[Page 14521]]

       ``(B) in the case of an officer, is retired in a grade 
     lower than the highest grade in which served by reason of 
     denial of a determination or certification under section 1370 
     of this title that the officer served on active duty 
     satisfactorily in that grade.
       ``(3) Special rule for enlisted members.--In the case of a 
     member who retires within three years after having been 
     reduced in grade as described in paragraph (2)(A), who 
     retires in an enlisted grade that is lower than the grade 
     from which reduced, and who would be subject to paragraph 
     (2)(A) but for a subsequent promotion to a higher enlisted 
     grade or a subsequent appointment to a warrant or 
     commissioned grade, the rates of basic pay used in the 
     computation of the member's high-36 average for the period of 
     the member's service in a grade higher than the grade in 
     which retired shall be the rates of pay that would apply if 
     the member had been serving for that period in the grade in 
     which retired.''.

     SEC. 642. AUTOMATIC PARTICIPATION IN RESERVE COMPONENT 
                   SURVIVOR BENEFIT PLAN UNLESS DECLINED WITH 
                   SPOUSE'S CONSENT.

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

     A person who elects not to participate in the Plan as 
     described in the foregoing sentence remains eligible, upon 
     reaching 60 years of age and otherwise becoming entitled to 
     retired pay, to participate in the Plan in accordance with 
     eligibility under paragraph (1)(A).''.
       (b) Spousal Consent Requirement.--Paragraph (3)(B) of such 
     section is amended--
       (1) by striking ``who elects to provide'' and inserting 
     ``who is eligible to provide'';
       (2) by redesignating clauses (i) and (ii) as clauses (iii) 
     and (iv), respectively; and
       (3) by inserting before clause (iii), as so redesignated, 
     the following:
       ``(i) not to participate in the Plan;
       ``(ii) to defer the effective date of annuity payments to 
     the 60th anniversary of the member's birth pursuant to 
     subsection (e)(2);''.
       (c) Irrevocability of Election Not To Participate Made Upon 
     Receipt of 20-Year Letter.--Paragraph (4)(B) of such section 
     is amended by striking ``to participate in the Plan is 
     irrevocable'' and inserting ``not to participate in the Plan 
     is, subject to the sentence following clause (ii) of 
     paragraph (2)(B), irrevocable''.
       (d) Designation of Commencement of Reserve-Component 
     Annuity.--(1) Section 1448(e) of title 10, United States 
     Code, is amended by striking ``a person electing to 
     participate'' and all that follows through ``making such 
     election'' and inserting ``a person is required to make a 
     designation under this subsection, the person''.
       (2) Section 1450(j)(1) of such title is amended to read as 
     follows:
       ``(1) Person making section 1448(e) designation.--A 
     reserve-component annuity shall be effective in accordance 
     with the designation made under section 1448(e) of this title 
     by the person providing the annuity.''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 2000.

     SEC. 643. PARTICIPATION IN THRIFT SAVINGS PLAN.

       (a) Effective Date of Participation Authority.--Section 663 
     of the National Defense Authorization Act for Fiscal Year 
     2000 (Public Law 106-65; 113 Stat. 673; 5 U.S.C. 8440 note) 
     is amended to read as follows:

     ``SEC. 663. EFFECTIVE DATE.

       ``(a) In General.--The amendments made by this subtitle 
     shall take effect 180 days after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2001.
       ``(b) Postponement Authority.--(1) The Secretary of Defense 
     may postpone the authority of members of the Ready Reserve to 
     participate in the Thrift Savings Plan under section 211 of 
     title 37, United States Code (as amended by this subtitle) up 
     to 360 days after the date referred to in subsection (a) if 
     the Secretary, after consultation with the Executive Director 
     (appointed by the Federal Retirement Thrift Investment 
     Board), determines that permitting such members to 
     participate in the Thrift Savings Plan earlier would place an 
     excessive burden on the administrative capacity of the Board 
     to accommodate participants in the Thrift Savings Plan.
       ``(2) The Secretary shall notify the congressional defense 
     committees, the Committee on Government Reform of the House 
     of Representatives, and the Committee on Governmental Affairs 
     of the Senate of any determination made under paragraph 
     (1).''.
       (b) Regulations.--Section 661(b) of such Act (113 Stat. 
     672; 5 U.S.C. 8440e) is amended by striking ``the date on 
     which'' and all that follows through ``later,'' and inserting 
     ``the effective date of the amendments made by this subtitle 
     (determined under section 663(a)),''.

     SEC. 644. RETIREMENT FROM ACTIVE RESERVE SERVICE AFTER 
                   REGULAR RETIREMENT.

       (a) Conversion to Reserve Retirement.--(1) Chapter 1223 of 
     title 10, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 12741. Retirement from active reserve service 
       performed after regular retirement

       ``(a) Reserve Retirement.--Upon the election of a member or 
     former member of a reserve component under subsection (b), 
     the Secretary concerned shall--
       ``(1) treat the person as being entitled to retired pay 
     under this chapter;
       ``(2) terminate the person's entitlement to retired pay 
     that is payable out of the Department of Defense Military 
     Retirement Fund under any other provision of law other than 
     this chapter; and
       ``(3) in the case of a reserve commissioned officer, 
     transfer the officer to the Retired Reserve.
       ``(b) Eligibility and Election.--A person who, after being 
     retired under chapter 65, 367, 571, or 867 of this title, 
     serves in an active status in a reserve component of the 
     armed forces may elect to receive retired pay under this 
     chapter if--
       ``(1) the person would, except for paragraph (4) of section 
     12731(a) of this title, otherwise be entitled to retired pay 
     under this chapter; and
       ``(2) during that reserve service, the person served 
     satisfactorily as--
       ``(A) a reserve commissioned officer; or
       ``(B) a reserve noncommissioned officer.
       ``(c) Time and Form of Election.--An election under 
     subsection (b) shall be made within such time and in such 
     form as the Secretary concerned requires.
       ``(d) Effective Date of Election.--An election made by a 
     person under subsection (b) shall be effective--
       ``(1) except as provided in paragraph (2)(B), as of the 
     date on which the person attains 60 years of age, if the 
     election is made in accordance with this section within 180 
     days after that date; or
       ``(2) on the first day of the first month that begins after 
     the date on which the election is made in accordance with 
     this section, if--
       ``(A) the election is made more than 180 days after the 
     date on which the person attains 60 years of age; or
       ``(B) the person retires from active reserve service within 
     that 180-day period.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``12741. Retirement from active service performed after regular 
              retirement.''.
       (b) Effective Date and Applicability.--(1) This section and 
     the amendments made by this section shall take effect 180 
     days after the date of the enactment of this Act.
       (2) No benefits shall accrue under section 12741 of title 
     10, United States Code (as added by subsection (a)), for any 
     period before the first day of the first month that begins on 
     or after the effective date of this section.

     SEC. 645. SAME TREATMENT FOR FEDERAL JUDGES AS FOR OTHER 
                   FEDERAL OFFICIALS REGARDING PAYMENT OF MILITARY 
                   RETIRED PAY.

       (a) Repeal of Requirement for Suspension During Regular 
     Active Service.--Section 371 of title 28, United States Code, 
     is amended--
       (1) by striking subsection (e); and
       (2) by redesignating subsection (f) as subsection (e).
       (b) Conforming Amendments.--Subsection (b) of such section 
     is amended by striking ``subsection (f)'' each place it 
     appears and inserting ``subsection (e)''.
       (c) Retroactive Effective Date.--The amendments made by 
     this section shall take effect as of October 1, 1999.

     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

[[Page 14522]]

     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:
       ``(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's 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.

     SEC. 649. 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.--'';

[[Page 14523]]

       (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.

     SEC. 650. 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.

     SEC. 651. 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.

     SEC. 652. CONCURRENT PAYMENT TO SURVIVING SPOUSES OF 
                   DISABILITY AND INDEMNITY COMPENSATION AND 
                   ANNUITIES UNDER SURVIVOR BENEFIT PLAN.

       (a) Concurrent Payment.--Section 1450 of title 10, United 
     States Code, is amended by striking subsection (c).
       (b) Conforming Amendments.--That section is further amended 
     by striking subsections (e) and (k).
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to the payment of annuities 
     under the Survivor Benefit Plan under subchapter II of 
     chapter 73 of title 10, United States Code, for months 
     beginning on or after that date.
       (d) Recomputation of Annuities.--The Secretary of Defense 
     shall provide for the readjustment of any annuities to which 
     subsection (c) of section 1450 of title 10, United States 
     Code, applies as of the date before the date of the enactment 
     of this Act, as if the adjustment otherwise provided for 
     under such subsection (c) had never been made.
       (e) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any person by virtue of the amendments made by 
     this section for any period before the effective date of the 
     amendments as specified in subsection (c).

                       Subtitle E--Other Matters

     SEC. 661. REIMBURSEMENT OF RECRUITING AND ROTC PERSONNEL FOR 
                   PARKING EXPENSES.

       (a) In General.--Chapter 53 of title 10, United States 
     Code, is amended by inserting after section 1053 the 
     following new section:

     ``Sec. 1053a. Reimbursement of recruiting and ROTC personnel: 
       parking expenses

       ``(a) Authority.--The Secretary concerned may, under 
     regulations prescribed by the Secretary of Defense, reimburse 
     eligible Department of Defense personnel for expenses 
     incurred for parking a privately owned vehicle at a place of 
     duty.
       ``(b) Eligibility.--A member of the armed forces or 
     employee of the Department of Defense is eligible for 
     reimbursement under subsection (a) while--
       ``(1) assigned to duty as a recruiter for any of the armed 
     forces;
       ``(2) assigned to duty at a military entrance processing 
     facility of the armed forces; or
       ``(3) detailed for instructional and administrative duties 
     at any institution where a unit of the Senior Reserve 
     Officers' Training Corps is maintained.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1053 the following:

``1053a. Reimbursement of recruiting and ROTC personnel: parking 
              expenses.''.

     SEC. 662. EXTENSION OF DEADLINE FOR FILING CLAIMS ASSOCIATED 
                   WITH CAPTURE AND INTERNMENT OF CERTAIN PERSONS 
                   BY NORTH VIETNAM.

       Section 657(d)(1) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2585) is 
     amended by adding at the end the following: ``The Secretary 
     may extend the time limitation under the preceding sentence 
     for up to 18 months in the case of any claim for which the 
     Secretary determines that the extension is necessary to 
     prevent an injustice or that a failure to file within the 
     time limitation is due to excusable neglect.''.

     SEC. 663. SETTLEMENT OF CLAIMS FOR PAYMENTS FOR UNUSED 
                   ACCRUED LEAVE AND FOR RETIRED PAY.

       (a) Claims for Payments for Unused Accrued Leave.--
     Subsection (a)(1) of section 3702 of title 31, United States 
     Code, is amended by inserting ``payments for unused accrued 
     leave,'' after ``transportation,''.
       (b) Waiver of Time Limitations.--Subsection (e)(1) of such 
     section is amended by striking ``claim for pay or allowances 
     under title 37'' and inserting ``claim for pay, allowances, 
     or payment for unused accrued leave under title 37 or a claim 
     for retired pay under title 10''.

     SEC. 664. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL 
                   READY RESERVE FOR SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       Section 1965(5) of title 38, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) a person who volunteers for assignment to a category 
     in the Individual Ready Reserve of a uniformed service that 
     is subject to an involuntary call to active duty under 
     section 12304 of title 10; and''.

[[Page 14524]]



     SEC. 665. AUTHORITY TO PAY GRATUITY TO CERTAIN VETERANS OF 
                   BATAAN AND CORREGIDOR.

       (a) Payment of Gratuity Authorized.--The Secretary of 
     Veterans Affairs may pay a gratuity to a covered veteran, or 
     to the surviving spouse of a covered veteran, in the amount 
     of $20,000.
       (b) Covered Veteran Defined.--For purposes of subsection 
     (a), the term ``covered veteran'' means any veteran of the 
     Armed Forces who--
       (1) served at Bataan or Corregidor in the Philippines 
     during World War II;
       (2) was captured and held as a prisoner of war by Japan as 
     a result of such service; and
       (3) was required by Japan to perform slave labor in Japan 
     during World War II.
       (c) Relationship to Other Payments.--Any amount paid a 
     person under this section for activity described in 
     subsection (b) is in addition to any other amount paid such 
     person for such activity under any other provision of law.

     SEC. 666. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION 
                   FOR RETIRED MEMBERS WITH SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Concurrent Payment.--Section 5304(a) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) Notwithstanding the provisions of paragraph (1) and 
     section 5305 of this title, compensation under chapter 11 of 
     this title may be paid to a person entitled to receive 
     retired or retirement pay described in such section 5305 
     concurrently with such person's receipt of such retired or 
     retirement pay.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and apply with respect to payments of compensation for months 
     beginning on or after that date.
       (c) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any person by virtue of the amendment made by 
     subsection (a) for any period before the effective date of 
     this Act as specified in subsection (b).

     SEC. 667. 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.''.

     SEC. 668. 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
       ``(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.

     SEC. 669. DETERMINATIONS OF INCOME ELIGIBILITY FOR SPECIAL 
                   SUPPLEMENTAL FOOD PROGRAM.

       Section 1060a(c)(1)(B) of title 10, United States Code, is 
     amended by striking the second sentence and inserting the 
     following: ``In the application of such criterion, the 
     Secretary shall exclude from income any basic allowance for 
     housing as permitted under section 17(d)(2)(B) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).''.

     SEC. 670. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   THE SELECTED RESERVE OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Subsection (a) of section 16133 of title 
     10, United States Code, is amended by striking ``(1) at the 
     end'' and all that follows through the end and inserting ``on 
     the date the person is separated from the Selected 
     Reserve.''.
       (b) Certain Members.--Paragraph (1) of subsection (b) of 
     that section is amended in the flush matter following 
     subparagraph (B) by striking ``shall be determined'' and all 
     that follows through the end and inserting ``shall expire on 
     the later of (i) the 10-year period beginning on the date on 
     which such person becomes entitled to educational assistance 
     under this chapter, or (ii) the end of the 4-year period 
     beginning on the date such person is separated from, or 
     ceases to be, a member of the Selected Reserve.''.
       (c) Conforming Amendments.--Subsection (b) of that section 
     is further amended--
       (1) in paragraph (2), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)'';
       (2) in paragraph (3), by striking ``subsection (a)'' and 
     inserting ``subsection (b)(1)''; and
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)''; and
       (B) in subparagraph (B), by striking ``clause (2) of such 
     subsection'' and inserting ``subsection (a)''.

     SEC. 671. RECOGNITION OF MEMBERS OF THE ALASKA TERRITORIAL 
                   GUARD AS VETERANS.

       (a) In General.--Section 106 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(f) Service as a member of the Alaska Territorial Guard 
     during World War II of any individual who was honorably 
     discharged therefrom under section 656(b) of the National 
     Defense Authorization Act for Fiscal Year 2001 shall be 
     considered active duty for purposes of all laws administered 
     by the Secretary.''.
       (b) Discharge.--(1) The Secretary of Defense shall issue to 
     each individual who served as a member of the Alaska 
     Territorial Guard during World War II a discharge from such 
     service under honorable conditions if the Secretary 
     determines that the nature and duration of the service of the 
     individual so warrants.
       (2) A discharge under paragraph (1) shall designate the 
     date of discharge. The date of discharge shall be the date, 
     as determined by the Secretary, of the termination of service 
     of the individual concerned as described in that paragraph.
       (c) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any individual for any period before the date of 
     the enactment of this Act by reason of the enactment of this 
     section.

     SEC. 672. 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.''.

     SEC. 673. BACK PAY FOR MEMBERS OF THE NAVY AND MARINE CORPS 
                   APPROVED FOR PROMOTION WHILE INTERNED AS 
                   PRISONERS OF WAR DURING WORLD WAR II.

       (a) Entitlement of Former Prisoners of War.--Upon receipt 
     of a claim made in accordance with this section, the 
     Secretary of the Navy shall pay back pay to a claimant who, 
     by reason of being interned as a prisoner of war while 
     serving as a member of the Navy or the Marine Corps during 
     World War II, was not available to accept a promotion for 
     which the claimant was approved.
       (b) Proper Claimant for Deceased Former Member.--In the 
     case of a person described in subsection (a) who is deceased, 
     the back pay for that deceased person under this section 
     shall be paid to a member or members of the family of the 
     deceased person determined appropriate in

[[Page 14525]]

     the same manner as is provided in section 6(c) of the War 
     Claims Act of 1948 (50 U.S.C. App. 2005(c)).
       (c) Amount of Back Pay.--The amount of back pay payable to 
     or for a person described in subsection (a) is the amount 
     equal to the excess of--
       (1) the total amount of basic pay that would have been paid 
     to that person for service in the Navy or the Marine Corps if 
     the person had been promoted on the date on which the 
     promotion was approved, over
       (2) the total amount of basic pay that was paid to or for 
     that person for such service on and after that date.
       (d) Time Limitations.--(1) To be eligible for a payment 
     under this section, a claimant must file a claim for such 
     payment with the Secretary of Defense within two years after 
     the effective date of the regulations implementing this 
     section.
       (2) Not later than 18 months after receiving a claim for 
     payment under this section, the Secretary shall determine the 
     eligibility of the claimant for payment of the claim. Subject 
     to subsection (f), if the Secretary determines that the 
     claimant is eligible for the payment, the Secretary shall 
     promptly pay the claim.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations to carry out this section. Such regulations shall 
     include procedures by which persons may submit claims for 
     payment under this section. Such regulations shall be 
     prescribed not later than six months after the date of the 
     enactment of this Act.
       (f) Limitation on Disbursement.--(1) Notwithstanding any 
     power of attorney, assignment of interest, contract, or other 
     agreement, the actual disbursement of a payment under this 
     section may be made only to each person who is eligible for 
     the payment under subsection (a) or (b) and only--
       (A) upon the appearance of that person, in person, at any 
     designated disbursement office in the United States or its 
     territories; or
       (B) at such other location or in such other manner as that 
     person may request in writing.
       (2) In the case of a claim approved for payment but not 
     disbursed as a result of operation of paragraph (1), the 
     Secretary of Defense shall hold the funds in trust for the 
     person in an interest bearing account until such time as the 
     person makes an election under such paragraph.
       (g) Attorney Fees.--Notwithstanding any contract, the 
     representative of a person may not receive, for services 
     rendered in connection with the claim of, or with respect to, 
     a person under this section, more than 10 percent of the 
     amount of a payment made under this section on that claim.
       (h) Outreach.--The Secretary of the Navy shall take such 
     actions as are necessary to ensure that the benefits and 
     eligibility for benefits under this section are widely 
     publicized by means designed to provide actual notice of the 
     availability of the benefits in a timely manner to the 
     maximum number of eligible persons practicable.
       (i) Definition.--In this section, the term ``World War II'' 
     has the meaning given the term in section 101(8) of title 38, 
     United States Code.

                     Subtitle F--Education Benefits

     SEC. 681. SHORT TITLE.

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

     SEC. 682. 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.
       ``(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. 683. 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 
     682(a) of this Act, is further amended by inserting after 
     section 3018C the following new section:

[[Page 14526]]



     ``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 682(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 682(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.''.
       (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. 684. 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:

[[Page 14527]]

       ``(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. 685. 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.''.

   Subtitle G--Additional Benefits For Reserves and Their Dependents

     SEC. 691. 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. 692. 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 
     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 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 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 
              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. 693. 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. 694. 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. 695. 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.

                         TITLE VII--HEALTH CARE

                     Subtitle A--Senior Health Care

     SEC. 701. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS UPON THE 
                   ATTAINMENT OF 65 YEARS OF AGE.

       (a) Eligibility of Medicare Eligible Persons.--Section 
     1086(d) of title 10, United States Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) The prohibition contained in paragraph (1) shall not 
     apply to a person referred to in subsection (c) who--
       ``(A) is enrolled in the supplementary medical insurance 
     program under part B of such title (42 U.S.C. 1395j et seq.); 
     and

[[Page 14528]]

       ``(B) in the case of a person under 65 years of age, is 
     entitled to hospital insurance benefits under part A of title 
     XVIII of the Social Security Act pursuant to subparagraph (A) 
     or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) 
     or section 226A(a) of such Act (42 U.S.C. 426-1(a)).''; and
       (2) in paragraph (4), by striking ``paragraph (1) who 
     satisfy only the criteria specified in subparagraphs (A) and 
     (B) of paragraph (2), but not subparagraph (C) of such 
     paragraph,'' and inserting ``subparagraph (B) of paragraph 
     (2) who do not satisfy the condition specified in 
     subparagraph (A) of such paragraph''.
       (b) Extension of TRICARE Senior Prime Demonstration 
     Program.--Paragraph (4) of section 1896(b) of the Social 
     Security Act (42 U.S.C. 1395ggg(b)) is amended by striking 
     ``3-year period beginning on January 1, 1998'' and inserting 
     ``period beginning on January 1, 1998, and ending on December 
     31, 2001''.
       (c) Effective Dates.--(1) The amendments made by subsection 
     (a) shall take effect on October 1, 2001.
       (2) The amendment made by subsection (b) shall take effect 
     on the date of the enactment of this Act.
       (d) Adjustment for Budget-Related Restrictions.--Effective 
     on October 1, 2003, section 1086(d)(2) of title 10, United 
     States Code, as amended by subsection (a), is further amended 
     by striking ``in the case of a person under 65 years of 
     age,'' and inserting ``is under 65 years of age and''.

                      Subtitle B--TRICARE Program

     SEC. 711. ADDITIONAL BENEFICIARIES UNDER TRICARE PRIME REMOTE 
                   PROGRAM IN CONUS.

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

     SEC. 712. ELIMINATION OF COPAYMENTS FOR IMMEDIATE FAMILY.

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

     SEC. 713. IMPROVEMENT IN BUSINESS PRACTICES IN THE 
                   ADMINISTRATION OF THE TRICARE PROGRAM.

       (a) Requirement.--Not later than October 1, 2001, the 
     Secretary of Defense shall take actions that the Secretary 
     considers appropriate to improve the business practices used 
     in administering the access of eligible persons to health 
     care services through the TRICARE program under chapter 55 of 
     title 10, United States Code, including the practices 
     relating to the following:
       (1) The availability and scheduling of appointments.
       (2) The filing, processing, and payment of claims.
       (3) Public relations efforts that are focused on outreach 
     to eligible persons.
       (4) The continuation of enrollments without expiration.
       (5) The portability of enrollments nationwide.
       (b) Consultation.--The Secretary of Defense shall consult 
     with the other administering Secretaries in the development 
     of the actions to be taken under subsection (a).
       (c) Report.--Not later than March 15, 2001, the Secretary 
     of Defense shall submit to the Committees on Armed Services 
     of the Senate and House of Representatives a report on the 
     actions to be taken under subsection (a).
       (d) Definitions.--In this section the terms ``administering 
     Secretaries'' and ``TRICARE program'' shall have the meanings 
     given such terms in section 1072 of title 10, United States 
     Code.

     SEC. 714. IMPROVEMENT OF ACCESS TO HEALTH CARE UNDER THE 
                   TRICARE PROGRAM.

       (a) Waiver of Nonavailability Statement or 
     Preauthorization.--In the case of a covered beneficiary under 
     chapter 55 of title 10, United States Code, who is enrolled 
     in TRICARE Standard, the Secretary of Defense may not require 
     with regard to authorized health care services (other than 
     mental health services) under any new contract for the 
     provision of health care services under such chapter that the 
     beneficiary--
       (1) obtain a nonavailability statement or preauthorization 
     from a military medical treatment facility in order to 
     receive the services from a civilian provider; or
       (2) obtain a nonavailability statement for care in 
     specialized treatment facilities outside the 200-mile radius 
     of a military medical treatment facility.
       (b) Notice.--The Secretary may require that the covered 
     beneficiary inform the primary care manager of the 
     beneficiary of any health care received from a civilian 
     provider or in a specialized treatment facility.
       (c) Exceptions.--Subsection (a) shall not apply if--
       (1) the Secretary demonstrates significant cost avoidance 
     for specific procedures at the affected military medical 
     treatment facilities;
       (2) the Secretary determines that a specific procedure must 
     be maintained at the affected military medical treatment 
     facility to ensure the proficiency levels of the 
     practitioners at the facility; or
       (3) the lack of nonavailability statement data would 
     significantly interfere with TRICARE contract administration.
       (d) Effective Date.--This section shall take effect on 
     October 1, 2001.

     SEC. 715. ENHANCEMENT OF ACCESS TO TRICARE IN RURAL STATES.

       (a) Higher Maximum Allowable Charge.--Section 1079(h) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraphs (2) and 
     (3)'' in the first sentence and inserting ``paragraphs (2), 
     (3), and (4)'';
       (2) by redesignating paragraph (4) as paragraph (5);
       (3) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) The amount payable for a charge for a service 
     provided by an individual health care

[[Page 14529]]

     professional or other noninstitutional health care provider 
     in a rural State for which a claim is submitted under a plan 
     contracted for under subsection (a) shall be equal to 80 
     percent of the customary and reasonable charge for services 
     of that type when provided by such a professional or other 
     provider, as the case may be, in that State.
       ``(B) A customary and reasonable charge shall be determined 
     for the purposes of subparagraph (A) under regulations 
     prescribed by the Secretary of Defense in consultation with 
     the other administering Secretaries. In prescribing the 
     regulations, the Secretary may also consult with the 
     Administrator of the Health Care Financing Administration of 
     the Department of Health and Human Services.''; and
       (4) by adding at the end the following:
       ``(6) In this subsection the term `rural State' means a 
     State that has, on average, as determined by the Bureau of 
     the Census in the latest decennial census--
       ``(A) less than 76 residents per square mile; and
       ``(B) less than 211 actively practicing physicians (not 
     counting physicians employed by the United States) per 
     100,000 residents.''.
       (b) Report.--(1) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the extent to which 
     physicians are choosing not to participate in contracts for 
     the furnishing of health care in rural States under chapter 
     55 of title 10, United States Code.
       (2) The report shall include the following:
       (A) The number of physicians in rural States who are 
     withdrawing from participation, or otherwise refusing to 
     participate, in the health care contracts.
       (B) The reasons for the withdrawals and refusals.
       (C) The actions that the Secretary of Defense can take to 
     encourage more physicians to participate in the health care 
     contracts.
       (D) Any recommendations for legislation that the Secretary 
     considers necessary to encourage more physicians to 
     participate in the health care contracts.
       (3) In this subsection, the term ``rural State'' has the 
     meaning given that term in section 1079(h)(6) of title 10, 
     United States Code (as added by subsection (a)).

   Subtitle C--Joint Initiatives With Department of Veterans Affairs

     SEC. 721. TRACKING PATIENT SAFETY IN MILITARY AND VETERANS 
                   HEALTH CARE SYSTEMS.

       (a) Centralized Tracking Process.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly prescribe 
     a centralized process for the reporting, compiling, and 
     analysis of errors in the provision of health care under the 
     Defense Health Program and the Department of Veterans Affairs 
     health care system that endanger patients beyond the normal 
     risks associated with the care and treatment of the patients.
       (b) Safety Indicators, Et Cetera.--The process shall 
     include such indicators, standards, and protocols as the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     consider necessary for the establishment and administration 
     of an effective process.

     SEC. 722. PHARMACEUTICAL IDENTIFICATION TECHNOLOGY.

       (a) Bar Code Identification Technology.--The Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     develop a system for the use of bar codes for the 
     identification of pharmaceuticals.
       (b) Use in Mail Order Pharmaceuticals Program.--The 
     Secretary of Defense, in consultation with the Secretary of 
     Veterans Affairs, shall experiment with the use of bar code 
     identification of pharmaceuticals in the administration of 
     the mail order pharmaceuticals program carried out under 
     section 1110(a) of title 10, United States Code (as added by 
     section 731).

     SEC. 723. MEDICAL INFORMATICS.

       (a) Addition Matters for Annual Report on Medical 
     Informatics Advisory Committee.--Section 723(d)(5) of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 697; 10 U.S.C. 1071 note) is 
     amended to read as follows:
       ``(5) The Secretary of Defense shall submit to Congress an 
     annual report on medical informatics. The report shall 
     include a discussion of the following matters:
       ``(A) The activities of the Committee.
       ``(B) The coordination of development, deployment, and 
     maintenance of health care informatics systems within the 
     Federal Government, and between the Federal Government and 
     the private sector.
       ``(C) The progress or growth occurring in medical 
     informatics.
       ``(D) How the TRICARE program and the Department of 
     Veterans Affairs health care system can use the advancement 
     of knowledge in medical informatics to raise the standards of 
     health care and treatment and the expectations for improving 
     health care and treatment.''.
       (b) Fiscal Year 2001 Funding for Pharmaceuticals-Related 
     Medical Informatics.--Of the amount authorized to be 
     appropriated under section 301(22)--
       (1) $64,000,000 is available for the commencement of the 
     implementation of a new computerized medical record, 
     including an automated entry order system for 
     pharmaceuticals, that makes all relevant clinical information 
     on a patient under the Defense Health Program available when 
     and where it is needed; and
       (2) $9,000,000 is available for the implementation of an 
     integrated pharmacy system under the Defense Health Program 
     that creates a single profile for all of the prescription 
     medications a patient takes, regardless of whether the 
     prescriptions for those medications were filled at military 
     or private pharmacies serving Department of Defense 
     beneficiaries worldwide.

                       Subtitle D--Other Matters

     SEC. 731. PERMANENT AUTHORITY FOR CERTAIN PHARMACEUTICAL 
                   BENEFITS.

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

     ``Sec. 1110. Pharmaceutical benefits

       ``(a) Pharmaceuticals by Mail.--The Secretary of Defense 
     shall carry out a program to provide eligible persons with 
     prescription pharmaceuticals by mail.
       ``(b) Retail Pharmacy Network.--To the maximum extent 
     practicable, the Secretary of Defense shall include in each 
     managed health care program under this chapter, a program to 
     supply prescription pharmaceuticals to eligible persons 
     through a managed care network of community retail pharmacies 
     in the area covered by the managed health care program.
       ``(c) Eligible Persons.--A person is eligible to obtain 
     pharmaceuticals under the program of pharmaceuticals by mail 
     under subsection (a) or through a retail pharmacy network 
     included in a managed health care program under subsection 
     (b) as follows:
       ``(1) A person who is eligible for medical care under a 
     contract for medical care entered into by the Secretary of 
     Defense under section 1079 or 1086 of this title.
       ``(2) A person who would be eligible for medical care under 
     a contract for medical care entered into under section 1086 
     of this title except for the operation of subsection (d)(1) 
     of such section.
       ``(d) Pharmaceuticals Offered.--The Secretary of Defense 
     shall determine the pharmaceuticals that may be obtained by 
     eligible persons under subsection (a) or (b).
       ``(e) Fees.--The Secretary of Defense shall prescribe an 
     appropriate fee, charge, or copayment to be paid by persons 
     for pharmaceuticals obtained under subsection (a) or (b).
       ``(f) Consultation Requirement.--The Secretary of Defense 
     shall consult with the other administering Secretaries in the 
     administration of this section.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``1110. Pharmaceutical benefits.''.

       (b) Repeal of Superseded Authority.--Section 702 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 106 Stat. 2431; 10 U.S.C. 1079 note) is 
     repealed.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 1, 2001.

     SEC. 732. PROVISION OF DOMICILIARY AND CUSTODIAL CARE FOR 
                   CHAMPUS BENEFICIARIES.

       (a) Continuation of Care for Certain CHAMPUS 
     Beneficiaries.--Section 703(a)(1) of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65; 
     113 Stat. 682; 10 U.S.C. 1077 note) is amended by inserting 
     before the period at the end the following: ``or by the 
     prohibition in section 1086(d)(1) of such title''.
       (b) Cost Limitation for Individual Case Management 
     Program.--(1) Section 1079(a)(17) of title 10, United States 
     Code, is amended--
       (A) by inserting ``(A)'' after ``(17)''; and
       (B) by adding at the end the following:
       ``(B) The total amount expended under subparagraph (A) for 
     a fiscal year may not exceed $100,000,000.''.
       (2) Section 703 of the National Defense Authorization Act 
     for Fiscal Year 2000 is amended by adding at the end the 
     following:
       ``(e) Cost Limitation.--The total amount paid for services 
     for eligible beneficiaries under subsection (a) for a fiscal 
     year (together with the costs of administering the authority 
     under that subsection) shall be included in the expenditures 
     limited by section 1079(a)(17)(B) of title 10, United States 
     Code.''.
       (c) Applicability of Cost Limitation.--The amendments made 
     by subsection (b) shall apply to fiscal years after fiscal 
     year 1999.

     SEC. 733. MEDICAL AND DENTAL CARE FOR MEDAL OF HONOR 
                   RECIPIENTS AND THEIR DEPENDENTS.

       (a) Medal Recipients.--Section 1074 of title 10, United 
     States Code, is amended by adding at the end the following:
       ``(d)(1) A medal of honor recipient is entitled to medical 
     and dental care under this chapter to the same extent as a 
     person referred to in subsection (b).
       ``(2) In this subsection, the term `medal of honor 
     recipient' means a person awarded a medal of honor under 
     section 3741, 6241, or 8741 of this title, or section 491 of 
     title 14.''.
       (b) Dependents.--Section 1076 of such title is amended by 
     adding at the end the following:
       ``(f)(1) The immediate dependents of a medal of honor 
     recipient are entitled to medical and dental care under this 
     chapter to the same extent as a person referred to in 
     subsection (b).
       ``(2) In this subsection:
       ``(A) The term `medal of honor recipient' has the meaning 
     given the term in section 1074(d)(2) of this title.
       ``(B) The term `immediate dependent' means a dependent 
     described in subparagraphs (A), (B), (C), and (D) of section 
     1072(2) of this title.''.

[[Page 14530]]



     SEC. 734. SCHOOL-REQUIRED PHYSICAL EXAMINATIONS FOR CERTAIN 
                   MINOR DEPENDENTS.

       Section 1076 of title 10, United States Code, as amended by 
     section 733(b), is further amended by adding at the end the 
     following:
       ``(g)(1) The administering Secretaries shall furnish an 
     eligible dependent a physical examination that is required by 
     a school in connection with the enrollment of the dependent 
     as a student in that school.
       ``(2) A dependent is eligible for a physical examination 
     under paragraph (1) if the dependent--
       ``(A) is entitled to receive medical care under subsection 
     (a) or is authorized to receive medical care under subsection 
     (b); and
       ``(B) is at least 5 years of age and less than 12 years of 
     age.
       ``(3) Nothing in paragraph (2) may be construed to prohibit 
     the furnishing of a school-required physical examination to 
     any dependent who, except for not satisfying the age 
     requirement under that paragraph, would otherwise be eligible 
     for a physical examination required to be furnished under 
     this subsection.''.

     SEC. 735. TWO-YEAR EXTENSION OF DENTAL AND MEDICAL BENEFITS 
                   FOR SURVIVING DEPENDENTS OF CERTAIN DECEASED 
                   MEMBERS.

       (a) Dental Benefits.--Section 1076a(k)(2) of title 10, 
     United States Code, is amended by striking ``one-year 
     period'' and inserting ``three-year period''.
       (b) Medical Benefits.--Section 1079(g) of title 10, United 
     States Code, is amended by striking ``one-year period'' in 
     the second sentence and inserting ``three-year period''.

     SEC. 736. EXTENSION OF AUTHORITY FOR CONTRACTS FOR MEDICAL 
                   SERVICES AT LOCATIONS OUTSIDE MEDICAL TREATMENT 
                   FACILITIES.

       Section 1091(a)(2) of title 10, United States Code, is 
     amended by striking ``December 31, 2000'' and inserting 
     ``September 30, 2002''.

     SEC. 737. TRANSITION OF CHIROPRACTIC HEALTH CARE 
                   DEMONSTRATION PROGRAM TO PERMANENT STATUS.

       (a) TRICARE Prime Benefits.--The Secretary of Defense shall 
     complete the development and implementation of a program to 
     provide chiropractic health care services and benefits for 
     all TRICARE Prime enrollees as a permanent part of the 
     military health care system for the enrollees in that plan, 
     as follows:
       (1) At the military medical treatment facilities designated 
     pursuant to section 731(a)(2)(A) of the National Defense 
     Authorization Act for Fiscal Year 1995 (Public Law 103-337; 
     10 U.S.C. 1092 note), not later than 180 days after the date 
     of the enactment of this Act.
       (2) At the other military medical treatment facilities 
     considered by the Secretary of Defense to be major military 
     medical treatment facilities, not later than October 1, 2001.
       (b) Primary Care Management.--The Secretary shall ensure 
     that the primary care manager model, which requires referral 
     by a primary care manager, is used for providing the 
     chiropractic health care services and benefits under the 
     program referred to in subsection (a).
       (c) Continuation of Existing Chiropractic Benefits.--
     Section 731(a)(4) of the National Defense Authorization Act 
     for Fiscal Year 1995 is amended--
       (1) by striking ``During fiscal year 2000, the'' and 
     inserting ``The''; and
       (2) by adding at the end the following: ``The requirement 
     under the preceding sentence shall cease to apply with 
     respect to a military medical treatment facility on the date 
     on which the Secretary of Defense completes the 
     implementation of a program to provide chiropractic health 
     care services and benefits at that facility for all TRICARE 
     Prime enrollees as a permanent part of the military health 
     care system for the enrollees in that plan.''.

     SEC. 738. USE OF INFORMATION TECHNOLOGY FOR ENHANCEMENT OF 
                   DELIVERY OF ADMINISTRATIVE SERVICES UNDER THE 
                   DEFENSE HEALTH PROGRAM.

       (a) Requirement.--The Secretary of Defense shall take the 
     actions that the Secretary determines necessary to use, in at 
     least one TRICARE program region, commercially available 
     information technology systems and products to simplify the 
     critical administrative processes of the defense health 
     program (including TRICARE), to enhance the efficiency of the 
     performance of administrative services under the program, to 
     match commercially recognized standards of performance of the 
     services, and otherwise to improve the performance of the 
     services.
       (b) Implementation.--In carrying out subsection (a), the 
     Secretary shall ensure that--
       (1) the use of Internet technology is incorporated into the 
     processes referred to in that subsection; and
       (2) conversions to new or different computer technologies 
     incorporate data requirements that are widely used in the 
     marketplace (including those used by medicare or commercial 
     insurers) for the performance of administrative services.
       (c) Administrative Services Defined.--In this section, the 
     term ``administrative services'' includes the performance of 
     the following functions:
       (1) Marketing.
       (2) Enrollment.
       (3) Program education of beneficiaries.
       (4) Program education of health care providers.
       (5) Scheduling of appointments.
       (6) Processing of claims.

     SEC. 739. PATIENT CARE REPORTING AND MANAGEMENT SYSTEM.

       (a) Establishment.--The Secretary of Defense shall 
     establish a patient care error reporting and management 
     system.
       (b) Purposes of System.--The purposes of the system are as 
     follows:
       (1) To study the occurrences of errors in the patient care 
     provided under chapter 55 of title 10, United States Code.
       (2) To identify the systemic factors that are associated 
     with such occurrences.
       (3) To provide for action to be taken to correct the 
     identified systemic factors.
       (c) Requirements for System.--The patient care error 
     reporting and management system shall include the following:
       (1) A hospital-level patient safety center, within the 
     quality assurance department of each health care organization 
     of the Department of Defense, to collect, assess, and report 
     on the nature and frequency of errors related to patient 
     care.
       (2) For each health care organization of the Department of 
     Defense and for the entire Defense health program, the 
     patient safety baselines that are necessary for the 
     development of a full understanding of patient safety issues 
     in each such organization and the entire program, including 
     the nature and types of errors and the systemic causes of the 
     errors.
       (3) A Department of Defense Patient Safety Center within 
     the Armed Forces Institute of Pathology to have the following 
     missions:
       (A) To analyze information on patient care errors that is 
     submitted to the Center by each military health care 
     organization.
       (B) To develop action plans for addressing patterns of 
     patient care errors.
       (C) To execute those action plans to mitigate and control 
     errors in patient care with a goal of ensuring that the 
     health care organizations of the Department of Defense 
     provide highly reliable patient care with virtually no error.
       (D) To provide, through the Assistant Secretary of Defense 
     for Health Affairs, to the Agency for Healthcare Research and 
     Quality of the Department of Health and Human Services any 
     reports that the Assistant Secretary determines appropriate.
       (E) To review and integrate processes for reducing errors 
     associated with patient care and for enhancing patient 
     safety.
       (F) To contract with a qualified and objective external 
     organization to manage the national patient safety database 
     of the Department of Defense.
       (d) MedTeams Program.--The Secretary shall expand the 
     health care team coordination program to integrate that 
     program into all Department of Defense health care 
     operations. In carrying out this subsection, the Secretary 
     shall take the following actions:
       (1) Establish not less than two Centers of Excellence for 
     the development, validation, proliferation, and sustainment 
     of the health care team coordination program, one of which 
     shall support all fixed military health care organizations, 
     the other of which shall support all combat casualty care 
     organizations.
       (2) Deploy the program to all fixed and combat casualty 
     care organizations of each of the Armed Forces, at the rate 
     of not less than 10 organizations in each fiscal year.
       (3) Expand the scope of the health care team coordination 
     program from a focus on emergency department care to a 
     coverage that includes care in all major medical specialties, 
     at the rate of not less than one specialty in each fiscal 
     year.
       (4) Continue research and development investments to 
     improve communication, coordination, and team work in the 
     provision of health care.
       (e) Consultation.--The Secretary shall consult with the 
     other administering Secretaries (as defined in section 
     1072(3) of title 10, United States Code) in carrying out this 
     section.

     SEC. 740. HEALTH CARE MANAGEMENT DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary of Defense shall carry 
     out a demonstration program on health care management to 
     explore opportunities for improving the planning and 
     management of the Department of Defense health care system.
       (b) Test Models.--Under the demonstration program, the 
     Secretary shall test the use of the following planning and 
     management models:
       (1) A health care simulation model for studying alternative 
     delivery policies, processes, organizations, and 
     technologies.
       (2) A health care simulation model for studying long term 
     disease management.
       (c) Demonstration Sites.--The Secretary shall test each 
     model separately at one or more sites.
       (d) Period for Program.--The demonstration program shall 
     begin not later than 180 days after the date of the enactment 
     of this Act and shall terminate on December 31, 2001.
       (e) Reports.--The Secretary of Defense shall submit a 
     report on the demonstration program to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     not later than March 15, 2002. The report shall include the 
     Secretary's assessment of the value of incorporating the use 
     of the tested planning and management models throughout the 
     Department of Defense health care system.
       (f) Funding.--Of the amount authorized to be appropriated 
     under section 301(22), $6,000,000 shall be available for the 
     demonstration program under this section.

     SEC. 741. STUDIES OF ACCRUAL FINANCING FOR HEALTH CARE FOR 
                   MILITARY RETIREES.

       (a) Studies Required.--The Secretary of Defense shall carry 
     out two studies to assess the

[[Page 14531]]

     feasibility and desirability of financing the military health 
     care program for retirees of the uniformed services on an 
     accrual basis.
       (b) Sources of Studies.--The Secretary shall provide for--
       (1) one of the studies under subsection (a) to be conducted 
     by one or more Department of Defense organizations designated 
     by the Secretary; and
       (2) the other study to be conducted by an organization that 
     is independent of the Department of Defense and has expertise 
     in financial programs and health care.
       (c) Reports.--(1) The Secretary shall provide for the 
     submission of a final report on each study to the Secretary 
     within such time as the Secretary determines necessary to 
     satisfy the requirement in paragraph (2).
       (2) The Secretary shall transmit the final reports on the 
     studies to Congress not later than February 8, 2001. The 
     Secretary may include in the transmittal any comments on the 
     reports or on the matters studied that the Secretary 
     considers appropriate.

     SEC. 742. AUGMENTATION OF ARMY MEDICAL DEPARTMENT BY RESERVE 
                   OFFICERS OF THE PUBLIC HEALTH SERVICE.

       (a) Authority.--The Secretary of the Army and the Secretary 
     of Health and Human Services may jointly conduct a program to 
     augment the Army Medical Department by exercising any 
     authorities provided to those officials in law for the 
     detailing of reserve commissioned officers of the Public 
     Health Service not in an active status to the Army Medical 
     Department for that purpose.
       (b) Agreement.--The Secretary of the Army and the Secretary 
     of Health and Human Services shall enter into an agreement 
     governing any program conducted under subsection (a).
       (c) Assessment.--(1) The Secretary of the Army shall review 
     the laws providing the authorities described in subsection 
     (a) and assess the adequacy of those laws for authorizing--
       (A) the Secretary of Health and Human Services to detail 
     reserve commissioned officers of the Public Health Service 
     not in an active status to the Army Medical Department to 
     augment that department; and
       (B) the Secretary of the Army to accept the detail of such 
     officers for that purpose.
       (2) The Secretary shall complete the review and assessment 
     under paragraph (1) not later than 90 days after the date of 
     the enactment of this Act.
       (d) Report to Congress.--Not later than March 1, 2001, the 
     Secretary of the Army shall submit a report on the results of 
     the review and assessment under subsection (c) to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives. The report shall include the following:
       (1) The findings resulting from the review and assessment.
       (2) Any proposal for legislation that the Secretary 
     recommends to strengthen the authority of the Secretary of 
     Health and Human Services and the authority of the Secretary 
     of the Army to take the actions described in subparagraphs 
     (A) and (B), respectively, of subsection (c)(1).
       (e) Consultation Requirement.--The Secretary of the Army 
     shall consult with the Secretary of Health and Human Services 
     in carrying out the review and assessment under subsection 
     (c) and in preparing the report (including making 
     recommendations) under subsection (d).

     SEC. 743. SERVICE AREAS OF TRANSFEREES OF FORMER UNIFORMED 
                   SERVICES TREATMENT FACILITIES THAT ARE INCLUDED 
                   IN THE UNIFORMED SERVICES HEALTH CARE DELIVERY 
                   SYSTEM.

       Section 722(e) of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 
     note) is amended--
       (1) by inserting ``(1)'' after ``(e) Service Area.--''; and
       (2) by adding at the end the following:
       ``(2) The Secretary may, with the agreement of a designated 
     provider, expand the service area of the designated provider 
     as the Secretary determines necessary to permit covered 
     beneficiaries to enroll in the designated provider's managed 
     care plan. The expanded service area may include one or more 
     noncontiguous areas.''.

     SEC. 744. BLUE RIBBON ADVISORY PANEL ON DEPARTMENT OF DEFENSE 
                   POLICIES REGARDING THE PRIVACY OF INDIVIDUAL 
                   MEDICAL RECORDS.

       (a) Establishment.--(1) There is hereby established an 
     advisory panel to be known as the Blue Ribbon Advisory Panel 
     on Department of Defense Policies Regarding the Privacy of 
     Individual Medical Records (in this section referred to as 
     the ``Panel'').
       (2)(A) The Panel shall be composed of 7 members appointed 
     by the President, of whom--
       (i) at least one shall be a member of a consumer 
     organization;
       (ii) at least one shall be a medical professional;
       (iii) at least one shall have a background in medical 
     ethics; and
       (iv) at least one shall be a member of the Armed Forces.
       (B) The appointments of the members of the Panel shall be 
     made not later than 30 days after the date of the enactment 
     of this Act.
       (3) No later than 30 days after the date on which all 
     members of the Panel have been appointed, the Panel shall 
     hold its first meeting.
       (4) The Panel shall select a Chairman and Vice Chairman 
     from among its members.
       (b) Duties.--(1) The Panel shall conduct a thorough study 
     of all matters relating to the policies and practices of the 
     Department of Defense regarding the privacy of individual 
     medical records.
       (2) Not later than April 30, 2001, the Panel shall submit a 
     report to the President and Congress which shall contain a 
     detailed statement of the findings and conclusions of the 
     Panel, together with its recommendations for such legislation 
     and administrative actions as it considers appropriate to 
     ensure the privacy of individual medical records.
       (c) Powers.--(1) The Panel may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Panel considers advisable to 
     carry out the purposes of this section.
       (2) The Panel may secure directly from the Department of 
     Defense, and any other Federal department or agency, such 
     information as the Panel considers necessary to carry out the 
     provisions of this section. Upon request of the Chairman of 
     the Panel, the Secretary of Defense, or the head of such 
     department or agency, shall furnish such information to the 
     Panel.
       (3) The Panel may use the United States mails in the same 
     manner and under the same conditions as other departments and 
     agencies of the Federal Government.
       (4) The Panel may accept, use, and dispose of gifts or 
     donations of services or property.
       (5) Any Federal Government employee may be detailed to the 
     Panel without reimbursement, and such detail shall be without 
     interruption or loss of civil service status or privilege.
       (d) Termination.--The Panel shall terminate 30 days after 
     the date on which the Panel submits its report under 
     subsection (b)(2).
       (e) Funding.--(1) Of the amounts authorized to be 
     appropriated by this Act, the Secretary shall make available 
     to the Panel such sums as the Panel may require for its 
     activities under this section.
       (2) Any sums made available under paragraph (1) shall 
     remain available, without fiscal year limitation, until 
     expended.

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

     SEC. 801. IMPROVEMENTS IN PROCUREMENTS OF SERVICES.

       (a) Preference for Performance-Based Service Contracting.--
     Not later than 180 days after the date of the enactment of 
     this Act, the Federal Acquisition Regulation issued in 
     accordance with sections 6 and 25 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 405 and 421) shall be 
     revised to establish a preference for use of contracts and 
     task orders for the purchase of services in the following 
     order of precedence:
       (1) A performance-based contract or performance-based task 
     order that contains firm fixed prices for the specific tasks 
     to be performed.
       (2) Any other performance-based contract or performance-
     based task order.
       (3) Any contract or task order that is not a performance-
     based contract or a performance-based task order.
       (b) Incentive for Use of Performance-Based Service 
     Contracts.--(1) A Department of Defense performance-based 
     contract or performance-based task order may be treated as a 
     contract for the procurement of commercial items if--
       (A) the contract or task order is valued at $5,000,000 or 
     less;
       (B) the contract or task order sets forth specifically each 
     task to be performed and, for each task--
       (i) defines the task in measurable, mission-related terms;
       (ii) identifies the specific end products or output to be 
     achieved; and
       (iii) contains a firm fixed price; and
       (C) the source of the services provides similar services 
     contemporaneously to the general public under terms and 
     conditions similar to those offered to the Federal 
     Government.
       (2) The special simplified procedures provided in the 
     Federal Acquisition Regulation pursuant to section 
     2304(g)(1)(B) of title 10, United States Code, shall not 
     apply to a performance-based contract or performance-based 
     task order that is treated as a contract for the procurement 
     of commercial items under paragraph (1).
       (3) Not later than 2 years after the date of the enactment 
     of this Act, the Comptroller General shall submit a report on 
     the implementation of this subsection to the congressional 
     defense committees.
       (4) The authority under this subsection shall not apply to 
     contracts entered into or task orders issued more than 3 
     years after the date of the enactment of this Act.
       (c) Centers of Excellence in Service Contracting.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of each military department shall 
     establish at least one center of excellence in contracting 
     for services. Each center of excellence shall assist the 
     acquisition community by identifying, and serving as a 
     clearinghouse for, best practices in contracting for services 
     in the public and private sectors.
       (d) Enhanced Training in Service Contracting.--(1) The 
     Secretary of Defense shall ensure that classes focusing 
     specifically on contracting for services are offered by the 
     Defense Acquisition University and the Defense Systems 
     Management College and are otherwise available to contracting 
     personnel throughout the Department of Defense.
       (2) The Secretary of each military department and the head 
     of each Defense Agency shall ensure that the personnel of the 
     department or agency, as the case may be, who are responsible 
     for the awarding and management of contracts for services 
     receive appropriate training that is focused specifically on 
     contracting for services.

[[Page 14532]]

       (e) Definitions.--In this section:
       (1) The term ``performance-based'', with respect to a 
     contract, a task order, or contracting, means that the 
     contract, task order, or contracting, respectively, includes 
     the use of performance work statements that set forth 
     contract requirements in clear, specific, and objective terms 
     with measurable outcomes.
       (2) The term ``commercial item'' has the meaning given the 
     term in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)).
       (3) The term ``Defense Agency'' has the meaning given the 
     term in section 101(a)(11) of title 10, United States Code.

     SEC. 802. ADDITION OF THRESHOLD VALUE REQUIREMENT FOR 
                   APPLICABILITY OF A REPORTING REQUIREMENT 
                   RELATING TO MULTIYEAR CONTRACT.

       Section 2036b(l)(4) of title 10, United States Code, is 
     amended by striking ``until the Secretary of Defense submits 
     to the congressional defense committees a report with respect 
     to that contract (or contract extension)'' in the matter 
     preceding subparagraph (A) and inserting ``the value of which 
     would exceed $500,000,000 (when entered into or when 
     extended, as the case may be) until the Secretary of Defense 
     has submitted to the congressional defense committees a 
     report''.

     SEC. 803. PLANNING FOR THE ACQUISITION OF INFORMATION 
                   SYSTEMS.

       (a) Responsibility of Chief Information Officers.--Section 
     2223 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) maintain a consolidated inventory of Department of 
     Defense mission critical and mission essential information 
     systems, identify interfaces between these systems and other 
     information systems, and develop and maintain contingency 
     plans for responding to a disruption in the operation of any 
     of these information systems.''; and
       (2) in subsection (b)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) maintain an inventory of the mission critical and 
     mission essential information systems of the military 
     department, identify interfaces between these systems and 
     other information systems, and develop and maintain 
     contingency plans for responding to a disruption in the 
     operation of any of these information systems.''.
       (b) Revised Regulations Required.--Not later than 60 days 
     after the date of enactment of this Act, Department of 
     Defense Directive 5000.1 shall be revised to establish 
     minimum planning requirements for the acquisition of 
     information technology systems.
       (c) Mission Critical and Mission Essential Information 
     Technology Systems.--The revised directive required by 
     subsection (b) shall--
       (1) include definitions of the terms ``mission critical 
     information system'' and ``mission essential information 
     system''; and
       (2) prohibit the award of any contract for the acquisition 
     of a mission critical or mission essential information 
     technology system until--
       (A) the system has been registered with the Chief 
     Information Officer of the Department of Defense;
       (B) the Chief Information Officer has received all 
     information on the system that is required under the 
     directive to be provided to that official; and
       (C) the Chief Information Officer has determined that an 
     appropriate information assurance strategy is in place for 
     the system.
       (d) Major Automated Information Systems.--The revised 
     directive required by subsection (b) shall prohibit Milestone 
     I approval, Milestone II approval, or Milestone III approval 
     of a major automated information system within the Department 
     of Defense until the Chief Information Officer has determined 
     that--
       (1) the system is being developed in accordance with the 
     requirements of division E of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1401 et seq.);
       (2) appropriate actions have been taken with respect to the 
     system in the areas of business process reengineering, 
     analysis of alternatives, economic analysis, and performance 
     measures; and
       (3) the system has been registered as described in 
     subsection (c)(2).
       (e) Reports.--(1) The Secretary of Defense shall submit to 
     the congressional defense committees, not later than February 
     1 of each of fiscal years 2001, 2002, and 2003, a report on 
     the implementation of the requirements of this section during 
     the preceding fiscal year.
       (2) The report for a fiscal year under paragraph (1) shall 
     include, at a minimum, for each major automated information 
     system that was approved during such preceding fiscal year 
     under Department of Defense Directive 5000.1 (as revised 
     pursuant to subsection (d)), the following:
       (A) The funding baseline.
       (B) The milestone schedule.
       (C) The actions that have been taken to ensure compliance 
     with the requirements of this section and the directive.
       (3) The report for fiscal year 2000 shall include, in 
     addition to the information required by paragraph (2), an 
     explanation of the manner in which the responsible officials 
     within the Department of Defense have addressed, or intend to 
     address, the following acquisition issues for each major 
     automated information system to be acquired after that fiscal 
     year:
       (A) Requirements definition.
       (B) Presentation of a business case analysis, including an 
     analysis of alternatives and a calculation of return on 
     investment.
       (C) Performance measurement.
       (D) Test and evaluation.
       (E) Interoperability.
       (F) Cost, schedule, and performance baselines.
       (G) Information assurance.
       (H) Incremental fielding and implementation.
       (I) Risk mitigation.
       (J) The role of integrated product teams.
       (K) Issues arising from implementation of the Command, 
     Control, Communications, Computers, Intelligence, 
     Surveillance, and Reconnaissance Plan required by Department 
     of Defense Directive 5000.1 and Chairman of the Joint Chiefs 
     of Staff Instruction 3170.01.
       (L) Oversight, including the Chief Information Officer's 
     oversight of decision reviews.
       (f) Definitions.--In this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       (3) The term ``major automated information system'' has the 
     meaning given that term in Department of Defense Directive 
     5000.1.

     SEC. 804. TRACKING OF INFORMATION TECHNOLOGY PURCHASES.

       (a) Requirement for Tracking System.--(1) Chapter 131 of 
     title 10, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 2225. Information technology purchases: automated 
       tracking and management systems

       ``(a) Requirement for Systems.--(1) The Secretary of each 
     military department shall administer an automated system for 
     tracking and managing purchases of information technology 
     products and services by the department.
       ``(2) The Secretary of Defense shall administer an 
     automated system for tracking and managing purchases of 
     information technology products and services by the Defense 
     Agencies.
       ``(b) Purchase to Which Applicable.--Each system under 
     subsection (a) shall, at a minimum, provide for collection of 
     data on all purchases of information technology products and 
     services in excess of the simplified acquisition threshold, 
     regardless of whether such purchases are made in the form of 
     a contract, grant, cooperative agreement, other transaction, 
     task order, delivery order, or military interdepartmental 
     purchase request, or in any other form.
       ``(c) Data To Be Included.--The information collected under 
     each such system shall include, for each purchase, the 
     following:
       ``(1) The products or services purchased.
       ``(2) The categorization of the products or services as 
     commercial off-the-shelf products, other commercial items, 
     nondevelopmental items other than commercial items, other 
     noncommercial items, or services.
       ``(3) The total dollar amount of the purchase.
       ``(4) The contract form used to make the purchase.
       ``(5) In the case of a purchase made through another 
     agency--
       ``(A) the agency through which the purchase is made; and
       ``(B) the reasons for making the purchase through that 
     agency.
       ``(6) The type of pricing used to make the purchase 
     (whether by fixed price or by another specified type of 
     pricing).
       ``(7) The extent of competition provided for in making the 
     purchase.
       ``(8) A statement regarding whether the purchase was made 
     from--
       ``(A) a small business concern;
       ``(B) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals; or
       ``(C) a small business concern owned and controlled by 
     women.
       ``(9) A statement regarding whether the purchase was made 
     in compliance with the planning requirements provided under 
     sections 5112, 5113, 5122, and 5123 of the Clinger-Cohen Act 
     of 1996 (40 U.S.C. 1412, 1413, 1242, 1423).
       ``(10) In the case of frequently-purchased commercial off-
     the-shelf items, data that informs managers of the unit 
     prices paid for the items and enables the managers to ensure 
     that such prices are fair and reasonable.
       ``(d) Limitation on Purchases.--No purchase of information 
     technology products or services in excess of the simplified 
     acquisition threshold shall be made for the Department of 
     Defense through a Federal Government agency that is outside 
     the Department of Defense unless--
       ``(1) data on the purchase is included in a tracking system 
     that meets the requirements of subsections (a), (b), and (c); 
     or
       ``(2) the purchase--
       ``(A) in the case of a purchase by a Defense Agency, is 
     approved by the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics; or
       ``(B) in the case of a purchase by a military department, 
     is approved by the senior procurement executive of the 
     military department.
       ``(e) Annual Report.--Not later than February 15 of each 
     fiscal year, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the purchases of information 
     technology products and services that

[[Page 14533]]

     were made by the military departments and Defense Agencies 
     during the preceding fiscal year. The report shall set forth 
     an aggregation of the information collected in accordance 
     with subsection (c).
       ``(f) Definitions.--In this section:
       ``(1) The term `senior procurement executive', with respect 
     to a military department, means the official designated as 
     the senior procurement executive for the military department 
     for the purposes of section 16(3) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 414(3)).
       ``(2) The term `simplified acquisition threshold' has the 
     meaning given the term in section 4(11) of the Office of 
     Federal Procurement Policy Act (31 U.S.C. 403(11).
       ``(3) The term `small business concern' means a business 
     concern that meets the applicable size standards prescribed 
     pursuant to section 3(a) of the Small Business Act (15 U.S.C. 
     632(a)).
       ``(4) The term `small business concern owned and controlled 
     by socially and economically disadvantaged individuals' has 
     the meaning given that term in section 8(d)(3)(C) of the 
     Small Business Act (15 U.S.C. 637(d)(3)(C)).
       ``(5) The term `small business concern owned and controlled 
     by women' has the meaning given that term in section 
     8(d)(3)(D) of the Small Business Act (15 U.S.C. 
     637(d)(3)(D)).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``2225. Information technology purchases: automated tracking and 
              management systems.''.

       (b) Time for Implementation.--(1) Each official required 
     under section 2225 of title 10, United States Code (as added 
     by subsection (a)), to administer an automated system for 
     tracking and managing purchases of information technology 
     products and services shall develop and commence the use of 
     the system not later than one year after the date of the 
     enactment of this Act.
       (2) Subsection (d) of section 2225 of title 10, United 
     States Code (as so added), shall apply to purchases described 
     in that subsection for which solicitations of offers are 
     issued more than one year after the date of the enactment of 
     this Act.
       (c) GAO Report.--Not later than 15 months after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to the congressional defense committees a report on 
     the systems developed pursuant to section 2225 of title 10, 
     United States Code (as added by subsection (a)). The report 
     shall include the Comptroller General's assessment of the 
     extent to which the systems meet the requirements of that 
     section.

     SEC. 805. REPEAL OF REQUIREMENT FOR CONTRACTOR ASSURANCES 
                   REGARDING THE COMPLETENESS, ACCURACY, AND 
                   CONTRACTUAL SUFFICIENCY OF TECHNICAL DATA 
                   PROVIDED BY THE CONTRACTOR.

       Section 2320(b) of title 10, United States Code, is 
     amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (7) and (8), respectively.

     SEC. 806. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE 
                   ACQUISITION PILOT PROGRAMS.

       Section 5064(d)(2) of the Federal Acquisition Streamlining 
     Act of 1994 (Public Law 103-355; 108 Stat. 3361; 10 U.S.C. 
     2430 note) is amended by striking ``45 days after the date of 
     the enactment of this Act and ends on September 30, 1998'' 
     and inserting ``on October 13, 1994, and ends on October 1, 
     2007''.

     SEC. 807. CLARIFICATION AND EXTENSION OF AUTHORITY TO CARRY 
                   OUT CERTAIN PROTOTYPE PROJECTS.

       (a) Amendments to Authority.--Section 845 of the National 
     Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 
     2371 note) is amended by--
       (1) redesignating subsection (d) as subsection (g); and
       (2) inserting after subsection (c) the following:
       ``(d) Appropriate Use of Authority.--(1) The Secretary of 
     Defense shall ensure that no official of an agency enters 
     into an agreement for a prototype project under the authority 
     of this section unless--
       ``(A) at least 20 percent of the total cost of the 
     prototype project is to be paid out of funds provided by 
     parties to the agreement other than the Federal Government 
     (not including funds provided by such parties in the form of 
     independent research and development costs and other costs 
     that are reimbursed as indirect costs under Federal 
     Government contracts);
       ``(B) at least 40 percent of the total cost of the 
     prototype project is to be paid out of funds provided by 
     parties to the agreement other than the Federal Government 
     (including funds provided by such parties in the form of 
     independent research and development costs and other costs 
     that are reimbursed as indirect costs under Federal 
     Government contracts);
       ``(C) there is at least one nontraditional defense 
     contractor participating to a significant extent in the 
     prototype project; or
       ``(D) the senior procurement executive for the agency (as 
     designated for the purposes of section 16(3) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 414(3))) determines 
     in writing that extraordinary circumstances justify the use 
     of the authority of section 2371 of title 10, United States 
     Code, in accordance with the requirements of this section, to 
     enter into the particular agreement.
       ``(2)(A) Except as provided in subparagraph (B), the 
     amounts counted for the purposes of this subsection as being 
     provided or to be provided by a party other than the Federal 
     Government under an agreement for a prototype project that is 
     entered into under this section do not include costs that 
     were incurred before the date on which the agreement becomes 
     effective.
       ``(B) Costs that were incurred for a prototype project by a 
     party after the beginning of negotiations resulting in an 
     agreement for the project under this section may be counted 
     for the purposes of this subsection as being provided or to 
     be provided by the party under the agreement if and to the 
     extent that the contracting officer or another official 
     responsible for entering into the agreement determines in 
     writing that--
       ``(i) the party incurred the costs in anticipation of 
     entering into the agreement; and
       ``(ii) it was appropriate for the party to incur the costs 
     before the agreement became effective in order to ensure the 
     successful implementation of the agreement.
       ``(e) Pilot Program for Transition to Follow-on 
     Contracts.--(1) The Secretary of Defense is authorized to 
     carry out a pilot program for follow-on contracting for the 
     production of items or processes that are developed by 
     nontraditional defense contractors under prototype projects 
     carried out under this section.
       ``(2) Under the pilot program--
       ``(A) a qualifying contract for the procurement of such an 
     item or process, or a qualifying subcontract under a contract 
     for the procurement of such an item or process, may be 
     treated as a contract or subcontract, respectively, for the 
     procurement of commercial items, as defined in section 4(12) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(12)); and
       ``(B) the item or process may be treated as an item or 
     process, respectively, that is developed in part with Federal 
     funds and in part at private expense for the purposes of 
     section 2320 of title 10, United States Code.
       ``(3) For the purposes of the pilot program, a qualifying 
     contract or subcontract is a contract or subcontract, 
     respectively, with a nontraditional defense contractor that--
       ``(A) does not exceed $20,000,000; and
       ``(B) is either--
       ``(i) a firm, fixed-price contract or subcontract; or
       ``(ii) a fixed-price contract or subcontract with economic 
     price adjustment.
       ``(4) The authority to conduct a pilot program under this 
     subsection shall terminate on September 30, 2004. The 
     termination of the authority shall not affect the validity of 
     contracts or subcontracts that are awarded or modified during 
     the period of the pilot program, without regard to whether 
     the contracts or subcontracts are performed during the 
     period.
       ``(f) Nontraditional Defense Contractor Defined.--In this 
     section, the term `nontraditional defense contractor' means 
     an entity that has not, for a period of at least three years, 
     entered into--
       ``(1) any contract that is subject to the cost accounting 
     standards prescribed pursuant to section 26 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 422); or
       ``(2) any other contract or agreement to carry out 
     prototype projects or to perform basic, applied, or advanced 
     research projects for a Federal Government agency, other than 
     an agreement entered into under the authority of this section 
     or section 2371 of title 10, United States Code.''.
       (b) Extension of Authority.--Subsection (g) of such 
     section, as redesignated by subsection (a)(1), is amended by 
     striking ``September 30, 2001'' and inserting ``September 30, 
     2004''.
       (c) Moratorium.--Beginning on the date that is 120 days 
     after the date of the enactment of this Act, no transaction 
     may be entered into under the authority of section 845 of the 
     National Defense Authorization Act for Fiscal Year 1994 or 
     section 2371 of title 10, United States Code, until the final 
     regulations implementing such section 2371 (required by 
     subsection (g) of such section) are published in the Federal 
     Register.

     SEC. 808. CLARIFICATION OF AUTHORITY OF COMPTROLLER GENERAL 
                   TO REVIEW RECORDS OF PARTICIPANTS IN CERTAIN 
                   PROTOTYPE PROJECTS.

       (a) Comptroller General Review.--Section 845(c) of the 
     National Defense Authorization Act for Fiscal Year 1994 (10 
     U.S.C. 2371 note) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) The right provided to the Comptroller General in a 
     clause of an agreement under paragraph (1) is limited as 
     provided in subparagraph (B) in the case of a party to the 
     agreement, an entity that participates in the performance of 
     the agreement, or a subordinate element of that party or 
     entity if the only agreements or other transactions that the 
     party, entity, or subordinate element entered into with 
     Government entities in the year prior to the date of that 
     agreement are cooperative agreements or transactions that 
     were entered into under this section or section 2371 of title 
     10, United States Code.
       ``(B) The only records of a party, other entity, or 
     subordinate element referred to in subparagraph (A) that the 
     Comptroller General may examine in the exercise of the right 
     referred to in that subparagraph are records of the same type 
     as the records that the Government has had the right to 
     examine under the audit access clauses of the previous 
     agreements or transactions referred to in such subparagraph 
     that were entered into by that particular party, entity, or 
     subordinate element.''.

[[Page 14534]]



     SEC. 809. ELIGIBILITY OF SMALL BUSINESS CONCERNS OWNED AND 
                   CONTROLLED BY WOMEN FOR ASSISTANCE UNDER THE 
                   MENTOR-PROTEGE PROGRAM.

       Section 831(m)(2) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 
     note) is amended--
       (1) by striking ``or'' at the end of subparagraph (C);
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(E) a small business concern owned and controlled by 
     women, as defined in section 8(d)(3)(D) of the Small Business 
     Act (15 U.S.C. 637(d)(3)(D)).''.

     SEC. 810. NAVY-MARINE CORPS INTRANET ACQUISITION.

       (a) Limitation.--The performance of a contract for the 
     acquisition of a Navy-Marine Corps Intranet may not begin 
     until the Secretary of the Navy submits a report on that 
     contract to Congress. A report under this section shall 
     contain the following information:
       (1) An estimate of the amount to be expended on the 
     contract by each of the Navy and Marine Corps for each fiscal 
     year.
       (2) The accounts from which the performance of the contract 
     will be funded through the end of fiscal year 2001.
       (3) A plan for an incrementally phased implementation of 
     the Navy-Marine Corps Intranet into the operations of the 
     shore-based activities of the Navy and Marine Corps.
       (4) The same information with regard to the Navy-Marine 
     Corps Intranet as is required to be included in the report on 
     major automated information systems under paragraphs (2) and 
     (3) of section 803(e).
       (5) With regard to each major command included in the first 
     year of the implementation of the contract--
       (A) an estimate of the number of civilian personnel 
     currently performing functions that are potentially included 
     in the scope of the contract;
       (B) the extent to which the contractor may continue to rely 
     upon that workforce to perform functions after the award of 
     the contract; and
       (C) the plans of the Department of the Navy for 
     reassignment, reorganization, or other disposition of any 
     portion of the workforce that does not continue to perform 
     current functions.
       (b) Prohibitions.--(1) The increment of the Navy-Marine 
     Corps Intranet that is implemented during the first year of 
     implementation may not include any activities of the Marine 
     Corps, the naval shipyards, or the naval aviation depots.
       (2) Funds available for fiscal year 2001 for activities 
     referred to in paragraph (1) may not be expended for any 
     contract for the Navy-Marine Corps Intranet.
       (c) Applicability of Statutory and Regulatory 
     Requirements.--The acquisition of a Navy-Marine Corps 
     Intranet shall be managed by the Department of the Navy in 
     accordance with the requirements of--
       (1) the Clinger-Cohen Act of 1996, including the 
     requirement for utilizing modular contracting in accordance 
     with section 38 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 434); and
       (2) Department of Defense Directives 5000.1 and 5000.2-R 
     and all other directives, regulations, and management 
     controls that are applicable to major investments in 
     information technology and related services.
       (d) Comptroller General Review.--(1) At the same time that 
     the Secretary of the Navy submits a report on the Navy-Marine 
     Corps Intranet to Congress under subsection (a), the 
     Secretary shall transmit a copy of the report to the 
     Comptroller General.
       (2) Not later than 60 days after receiving a report on the 
     Navy-Marine Corps Intranet under paragraph (1), the 
     Comptroller General shall review the report and submit to 
     Congress any comments that the Comptroller General considers 
     appropriate regarding the report and the Navy-Marine Corps 
     Intranet.
       (e) Phased Implementation To Commence During Fiscal Year 
     2001--The Secretary of the Navy shall commence a phased 
     implementation of the Navy-Marine Corps Intranet during 
     fiscal year 2001. For the implementation in that fiscal 
     year--
       (1) not more than fifteen percent of the total number of 
     work stations to be provided under the Navy-Marine Corps 
     Intranet program may be provided in the first quarter of such 
     fiscal year; and
       (2) no additional work stations may be provided until--
       (A) the Secretary has conducted operational testing of the 
     Intranet; and
       (B) the Chief Information Officer of the Department of 
     Defense has certified to the Secretary that the results of 
     the operational testing of the Intranet are acceptable.
       (f) Impact on Federal Employees.--The Secretary shall 
     mitigate any adverse impact of the implementation of the 
     Navy-Marine Corps Intranet on civilian employees of the 
     Department of the Navy who, as of the date of the enactment 
     of this Act, are performing functions that are included in 
     the scope of the Navy-Marine Corps Intranet program by--
       (1) developing a comprehensive plan for the transition of 
     such employees to the performance of other functions within 
     the Department of the Navy;
       (2) taking full advantage of transition authorities 
     available for the benefit of employees;
       (3) encouraging the retraining of employees who express a 
     desire to qualify for reassignment to the performance of 
     other functions within the Department of the Navy; and
       (4) including a provision in the Navy-Marine Corps Intranet 
     contract that requires the contractor to provide a preference 
     for hiring employees of the Department of the Navy who, as of 
     the date of the enactment of this Act, are performing 
     functions that are included in the scope of the contract.

     SEC. 811. QUALIFICATIONS REQUIRED FOR EMPLOYMENT AND 
                   ASSIGNMENT IN CONTRACTING POSITIONS.

       (a) Applicability of Requirements to Members of the Armed 
     Forces.--Section 1724 of title 10, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``a person must'' in the 
     matter preceding paragraph (1) and inserting ``an employee or 
     member of the armed forces must''; and
       (2) in subsection (d)--
       (A) by striking ``employee of'' and inserting ``person 
     in''; and
       (B) by striking ``employee possesses'' and inserting 
     ``person possesses''.
       (b) Mandatory Academic Qualifications.--(1) Subsection 
     (a)(3) of such section is amended--
       (A) by inserting ``and'' before ``(B)''; and
       (B) by striking ``, or (C)'' and all that follows through 
     ``listed in subparagraph (B)''.
       (2) Subsection (b) of such section is amended to read as 
     follows:
       ``(b) GS-1102 Series Positions and Similar Military 
     Positions.--The Secretary of Defense shall require that a 
     person meet the requirements set forth in paragraph (3) of 
     subsection (a), but not the other requirements set forth in 
     that subsection, in order to qualify to serve in a position 
     in the Department of Defense in--
       ``(1) the GS-1102 occupational series; or
       ``(2) a similar occupational specialty when the position is 
     to be filled by a member of the armed forces.''.
       (c) Exception.--Subsection (c) of such section is amended 
     to read as follows:
       ``(c) Exception.--The requirements imposed under subsection 
     (a) or (b) shall not apply to a person for the purpose of 
     qualifying to serve in a position in which the person is 
     serving on September 30, 2000.''.
       (d) Deletion of Unnecessary Cross References.--Subsection 
     (a) of such section is amended by striking ``(except as 
     provided in subsections (c) and (d))'' in the matter 
     preceding paragraph (1).
       (e) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on October 1, 2000, and 
     shall apply to appointments and assignments made on or after 
     that date.

     SEC. 812. DEFENSE ACQUISITION AND SUPPORT WORKFORCE.

       (a) Requirement for Report.--Not later than March 15, 2001, 
     the Secretary of Defense shall submit to Congress a report on 
     the sufficiency of the acquisition and support workforce of 
     the Department of Defense. The report shall include a plan to 
     ensure that the defense acquisition and support workforce is 
     of sufficient size and has the expertise necessary to ensure 
     the cost-effective management of the defense acquisition 
     system to obtain needed products and services at the best 
     value.
       (b) Content of Report.--(1) The Secretary's report on the 
     defense acquisition and support workforce under subsection 
     (a) shall include, at a minimum, the following:
       (A) A comprehensive reassessment of any programmed 
     reductions in the workforce and the impact that such 
     reductions are likely to have on the ability of the workforce 
     to meet the anticipated workload and responsibilities of the 
     acquisition workforce.
       (B) An assessment of the changing demographics of the 
     workforce, including the impact of anticipated retirements 
     among the most experienced acquisition personnel over the 
     next five years, and management steps that may be needed to 
     address these changes.
       (C) A plan to address problems arising from previous 
     reductions in the workforce, including--
       (i) increased backlogs in closing out completed contracts;
       (ii) increased program costs resulting from contracting for 
     technical support rather than using Federal employees to 
     provide the technical support;
       (iii) insufficient staff to negotiate fair and reasonable 
     pricing, to review and respond to contractor actions, to 
     perform oversight and inspections, and otherwise to manage 
     contract requirements;
       (iv) failures to comply with competition requirements, to 
     perform independent cost estimates, to complete technical 
     reviews, to meet contractor surveillance requirements, and to 
     perform necessary cost control functions; and
       (v) lost opportunities to negotiate strategic supplier 
     alliances, to improve parts control and management, to 
     conduct modeling and simulation projects, and to develop 
     other cost savings initiatives.
       (D) The actions that are being taken or could be taken 
     within the Department of Defense to enhance the tenure and 
     reduce the turnover of program executive officers, program 
     managers, and contracting officers.
       (E) An evaluation of the acquisition workforce 
     demonstration project conducted under section 4308 of the 
     National Defense Authorization Act for Fiscal Year 1996 
     (Public Law 104-106; 10 U.S.C. 1701 note) together with any 
     recommendations for improving personnel management laws, 
     policies, or procedures with respect to the defense 
     acquisition and support workforce.
       (2) The plan contained in the report shall include specific 
     milestones for workforce size, composition, and 
     qualifications (including plans for

[[Page 14535]]

     needed recruiting, retention, and training) to address any 
     problems identified in the report and to ensure the 
     achievement of the objectives of the plan that are set forth 
     in subsection (a).
       (c) Extension of Demonstration Project.--Section 
     4308(b)(3)(B) of the National Defense Authorization Act for 
     Fiscal Year 1996 (10 U.S.C. 1701 note) is amended by striking 
     ``3-year period beginning on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 1998'' and 
     inserting ``period beginning on November 18, 1997, and ending 
     on November 17, 2003''.
       (d) Moratorium on Reduction of Defense Acquisition 
     Workforce.--(1) Notwithstanding any other provision of law, 
     the defense acquisition and support workforce may not be 
     reduced, during fiscal years 2001, 2002, and 2003, below the 
     level of that workforce as of September 30, 2000, determined 
     on the basis of full-time equivalent positions.
       (2) The Secretary of Defense may waive the prohibition in 
     paragraph (1) and reduce the level of the defense acquisition 
     and support workforce upon submitting to Congress the 
     Secretary's certification that the defense acquisition and 
     support workforce, at the level to which reduced, will be 
     able efficiently and effectively to perform the workloads 
     that are required of that workforce consistent with the cost-
     effective management of the defense acquisition system to 
     obtain best value equipment and with ensuring military 
     readiness.
       (e) Defense Acquisition and Support Workforce Defined.--In 
     this section, the term ``defense acquisition and support 
     workforce'' means Armed Forces and civilian personnel who are 
     assigned to, or are employed in, an organization of the 
     Department of Defense that is--
       (1) an acquisition organization specified in Department of 
     Defense Instruction 5000.58, dated January 14, 1992; or
       (2) an organization not so specified that has acquisition 
     as its predominant mission, as determined by the Secretary of 
     Defense.

     SEC. 813. FINANCIAL ANALYSIS OF USE OF DUAL RATES FOR 
                   QUANTIFYING OVERHEAD COSTS AT ARMY INDUSTRIAL 
                   FACILITIES.

       (a) Requirement for Analysis.--The Secretary of the Army 
     shall carry out a financial analysis of the costs that would 
     be incurred and the benefits that would be derived from the 
     implementation of a policy to use--
       (1) one set of rates for quantifying the overhead costs 
     associated with government-owned industrial facilities of the 
     Department of the Army when allocating those costs to 
     contractors operating the facilities; and
       (2) another set of rates for quantifying the overhead costs 
     to be allocated to the operation of such facilities by 
     employees of the United States.
       (b) Report.--Not later than February 15, 2001, the 
     Secretary shall submit to the congressional defense 
     committees a report on the results of the analysis carried 
     out under subsection (a). The report shall include the 
     following:
       (1) The costs and benefits identified in the analysis under 
     subsection (a).
       (2) The risks to the United States of implementing a dual 
     rates policy described in subsection (a).
       (3) The effects that a use of dual rates under such a 
     policy would have on the defense industrial base of the 
     United States.

     SEC. 814. REVISION OF THE ORGANIZATION AND AUTHORITY OF THE 
                   COST ACCOUNTING STANDARDS BOARD.

       (a) Establishment Within OMB.--Paragraph (1) of subsection 
     (a) of section 26 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 422) is amended by striking ``Office of 
     Federal Procurement Policy'' in the first sentence and 
     inserting ``Office of Management and Budget''.
       (b) Composition of Board.--Subsection (a) of such section 
     is further amended--
       (1) by striking the second sentence of paragraph (1);
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Board shall consist of five members appointed as 
     follows:
       ``(A) A Chairman, appointed by the Director of the Office 
     of Management and Budget, from among persons who are 
     knowledgeable in cost accounting matters for Federal 
     Government contracts.
       ``(B) One member, appointed by the Secretary of Defense, 
     from among Department of Defense personnel.
       ``(C) One member, appointed by the Administrator, from 
     among employees of executive agencies other than the 
     Department of Defense, with the concurrence of the head of 
     the executive agency concerned.
       ``(D) One member, appointed by the Chairman from among 
     persons (other than officers and employees of the United 
     States) who are in the accounting or accounting education 
     profession.
       ``(E) One member, appointed by the Chairman from among 
     persons in industry.''.
       (c) Term of Office.--Paragraph (3) of such subsection, as 
     redesignated by subsection (b)(2), is amended--
       (1) in subparagraph (A)--
       (A) by striking ``, other than the Administrator for 
     Federal Procurement Policy,'';
       (B) by striking clause (i);
       (C) by redesignating clauses (ii) and (iii) as clauses (i) 
     and (ii), respectively; and
       (D) in clause (ii), as so redesignated, by striking 
     ``individual who is appointed under paragraph (1)(A)'' and 
     inserting ``officer or employee of the Federal Government who 
     is appointed as a member under paragraph (2)''; and
       (2) by striking subparagraph (C).
       (d) Other Board Personnel.--(1) Subsection (b) of such 
     section is amended to read as follows:
       ``(b) Senior Staff.--The Chairman, after consultation with 
     the Board, may appoint an executive secretary and two 
     additional staff members without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service and in senior-level positions. The 
     Chairman may pay such employees without regard to the 
     provisions of chapter 51 (relating to classification of 
     positions), and subchapter III of chapter 53 of such title 
     and section 5376 of such title (relating to the rates of 
     basic pay under the General Schedule and for senior-level 
     positions, respectively), except that no individual so 
     appointed may receive pay in excess of the maximum rate of 
     basic pay payable for a senior-level position under such 
     section 5376.''.
       (2) Subsections (c) and (d)(2), and the third sentence of 
     subsection (e), of such section are amended by striking 
     ``Administrator'' and inserting ``Chairman''.
       (e) Cost Accounting Standards Authority.--(1) Paragraph (1) 
     of subsection (f) of such section is amended by inserting ``, 
     subject to direction of the Director of the Office of 
     Management and Budget,'' after ``exclusive authority''.
       (2) Paragraph (2)(B)(iv) of such subsection is amended by 
     striking ``more than $7,500,000'' and inserting ``$7,500,000 
     or more''.
       (3) Paragraph (3) of such subsection is amended, in the 
     first sentence--
       (A) by striking ``Administrator, after consultation with 
     the Board'' and inserting ``Chairman, with the concurrence of 
     a majority of the members of the Board''; and
       (B) by inserting before the period at the end the 
     following: ``, including rules and procedures for the public 
     conduct of meetings of the Board''.
       (4) Paragraph (5)(C) of such subsection is amended to read 
     as follows:
       ``(C) The head of an executive agency may not delegate the 
     authority under subparagraph (A) or (B) to any official in 
     the executive agency below a level in the executive agency as 
     follows:
       ``(i) The senior policymaking level, except as provided in 
     clause (ii).
       ``(ii) The head of a procuring activity, in the case of a 
     firm, fixed price contract or subcontract for which the 
     requirement to obtain cost or pricing data under subsection 
     (a) of section 2306a of title 10, United States Code, or 
     subsection (a) of section 304A of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 254b) is 
     waived under subsection (b)(1)(C) of such section, 
     respectively.''.
       (5) Paragraph (5)(E) of such subsection is amended by 
     inserting before the period at the end the following: ``in 
     accordance with requirements prescribed by the Board''.
       (f) Requirements for Standards.--(1) Subsection (g)(1)(B) 
     of section 26 of the Office of Federal Procurement Policy Act 
     is amended by inserting before the semicolon at the end the 
     following: ``, together with a solicitation of comments on 
     those issues''.
       (g) Interest Rate Applicable to Contract Price 
     Adjustments.--Subsection (h)(4) of such section is amended by 
     inserting ``(a)(2)'' after ``6621'' both places that it 
     appears.
       (h) Repeal of Requirement for Annual Report.--Such section 
     is further amended by striking subsection (i).
       (i) Effects of Board Interpretations and Regulations.--
     Subsection (j) of such section is amended--
       (1) in paragraph (1), by striking ``promulgated by the Cost 
     Accounting Standards Board under section 719 of the Defense 
     Production Act of 1950 (50 U.S.C. App. 2168)'' and inserting 
     ``that are in effect on the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2001''; 
     and
       (2) in paragraph (3), by striking ``under the authority set 
     forth in section 6 of this Act'' and inserting ``exercising 
     the authority provided in section 6 of this Act in 
     consultation with the Chairman''.
       (j) Rate of Pay for Chairman.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``Chairman, Cost Accounting Standards Board.''.
       (k) Transition Provision for Members.--Each member of the 
     Cost Accounting Standards Board who serves on the Board under 
     paragraph (1) of section 26(a) of the Office of Federal 
     Procurement Policy Act, as in effect on the day before the 
     date of the enactment of this Act, shall continue to serve as 
     a member of the Board until the earlier of--
       (1) the expiration of the term for which the member was so 
     appointed; or
       (2) the date on which a successor to such member is 
     appointed under paragraph (2) of such section 26(a), as 
     amended by subsection (b) of this section.

     SEC. 815. REVISION OF AUTHORITY FOR SOLUTIONS-BASED 
                   CONTRACTING PILOT PROGRAM.

       (a) Pilot Projects Under the Program.--Section 5312 of the 
     Clinger-Cohen Act of 1996 (40 U.S.C. 1492) is amended--
       (1) in subsection (a), by striking ``subsection (d)(2)'' 
     and inserting ``subsection (d)''; and
       (2) by striking subsection (d) and inserting the following:
       ``(d) Pilot Program Projects.--The Administrator shall 
     authorize to be carried out under the pilot program--
       ``(1) not more than 10 projects, each of which has an 
     estimated cost of at least $25,000,000 and not more than 
     $100,000,000; and

[[Page 14536]]

       ``(2) not more than 10 projects for small business 
     concerns, each of which has an estimated cost of at least 
     $1,000,000 and not more than $5,000,000.''.
       (b) Elimination of Requirement for Federal Funding of 
     Program Definition Phase.--Subsection (c)(9)(B) of such 
     section is amended by striking ``program definition phase 
     (funded, in the case of the source ultimately awarded the 
     contract, by the Federal Government)--'' and inserting 
     ``program definition phase--''.

     SEC. 816. APPROPRIATE USE OF PERSONNEL EXPERIENCE AND 
                   EDUCATIONAL REQUIREMENTS IN THE PROCUREMENT OF 
                   INFORMATION TECHNOLOGY SERVICES.

       (a) Amendment of the Federal Acquisition Regulation.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulation issued in accordance 
     with sections 6 and 25 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 405 and 421) shall be amended to 
     address the use of personnel experience and educational 
     requirements in the procurement of information technology 
     services.
       (b) Content of Amendment.--The amendment issued pursuant to 
     subsection (a) shall--
       (1) provide that a solicitation of bids on a performance-
     based contract for the procurement of information technology 
     services may not set forth any minimum experience or 
     educational requirement for contractor personnel that a 
     bidder must satisfy in order to be eligible for award of the 
     contract; and
       (2) specify--
       (A) the circumstances under which a solicitation of bids 
     for other contracts for the procurement of information 
     technology services may set forth any such minimum 
     requirement for that purpose; and
       (B) the circumstances under which a solicitation of bids 
     for other contracts for the procurement of information 
     technology services may not set forth any such minimum 
     requirement for that purpose.
       (c) Construction of Regulation.--The amendment issued 
     pursuant to subsection (a) shall include a rule of 
     construction that a prohibition included in the amendment 
     under paragraph (1) or (2)(B) does not prohibit the 
     consideration of the experience and educational levels of the 
     personnel of bidders in the selection of a bidder to be 
     awarded a contract.
       (d) GAO Report.--Not later than 1 year after the date on 
     which the regulations required by subsection (a) are 
     published in the Federal Register, the Comptroller General 
     shall submit to Congress an evaluation of--
       (1) executive agency compliance with the regulations; and
       (2) conformity of the regulations with existing law, 
     together with any recommendations that the Comptroller 
     General considers appropriate.
       (e) Definitions.--In this section:
       (1) The term ``executive agency'' has the meaning given 
     that term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
       (2) The term ``performance-based contract'' means a 
     contract that includes performance work statements setting 
     forth contract requirements in clear, specific, and objective 
     terms with measurable outcomes.
       (3) The term ``information technology'' has the meaning 
     given that term in section 5002 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1401).

     SEC. 817. STUDY OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR 
                   A-76 PROCESS.

       (a) GAO-Convened Panel.--The Comptroller General shall 
     convene a panel of experts to study rules, and the 
     administration of the rules, governing the selection of 
     sources for the performance of commercial or industrial 
     functions for the Federal Government from between public and 
     private sector sources, including public-private competitions 
     pursuant to the Office of Management and Budget Circular A-
     76. The Comptroller General shall be the chairman of the 
     panel.
       (b) Composition of Panel.--(1) The Comptroller General 
     shall appoint highly qualified and knowledgeable persons to 
     serve on the panel and shall ensure that the following groups 
     receive fair representation on the panel:
       (A) Officers and employees of the United States.
       (B) Persons in private industry.
       (C) Federal labor organizations.
       (2) For the purposes of the requirement for fair 
     representation under paragraph (1), persons serving on the 
     panel under subparagraph (C) of that paragraph shall not be 
     counted as persons serving on the panel under subparagraph 
     (A) or (B) of that paragraph.
       (c) Participation by Other Interested Parties.--The 
     Comptroller General shall ensure that the opportunity to 
     submit information and views on the Office of Management and 
     Budget Circular A-76 process to the panel for the purposes of 
     the study is accorded to all interested parties, including 
     officers and employees of the United States not serving on 
     the panel and entities in private industry and 
     representatives of federal labor organizations not 
     represented on the panel.
       (d) Information From Agencies.--The panel may secure 
     directly from any department or agency of the United States 
     any information that the panel considers necessary to carry 
     out a meaningful study of administration of the rules 
     described in subsection (a), including the Office of 
     Management and Budget Circular A-76 process. Upon the request 
     of the Chairman of the panel, the head of such department or 
     agency shall furnish the requested information to the panel.
       (e) Report.--The Comptroller General shall submit a report 
     on the results of the study to Congress.
       (f) Definition.--In this section, the term ``federal labor 
     organization'' has the meaning given the term ``labor 
     organization'' in section 7103(a)(4) of title 5, United 
     States Code.

     SEC. 818. PROCUREMENT NOTICE THROUGH ELECTRONIC ACCESS TO 
                   CONTRACTING OPPORTUNITIES.

       (a) Publication by Electronic Accessibility.--Subsection 
     (a) of section 18 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 416) is amended--
       (1) in paragraph (1)(A), by striking ``furnish for 
     publication by the Secretary of Commerce'' and inserting 
     ``publish'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2)(A) A notice of solicitation required to be published 
     under paragraph (1) may be published by means of--
       ``(i) electronic accessibility that meets the requirements 
     of paragraph (7); or
       ``(ii) publication in the Commerce Business Daily.
       ``(B) The Secretary of Commerce shall promptly publish in 
     the Commerce Business Daily each notice or announcement 
     received under this subsection for publication by that 
     means.''; and
       (3) by adding at the end the following:
       ``(7) A publication of a notice of solicitation by means of 
     electronic accessibility meets the requirements of this 
     paragraph for electronic accessibility if the notice is 
     electronically accessible in a form that allows convenient 
     and universal user access through the single Government-wide 
     point of entry designated in the Federal Acquisition 
     Regulation.''.
       (b) Waiting Period for Issuance of Solicitation.--Paragraph 
     (3) of such subsection is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``furnish a notice to the Secretary of Commerce'' and 
     inserting ``publish a notice of solicitation''; and
       (2) in subparagraph (A), by striking ``by the Secretary of 
     Commerce''.
       (c) Conforming Amendments for Small Business Act.--
     Subsection (e) of section 8 of the Small Business Act (15 
     U.S.C. 637) is amended--
       (1) in paragraph (1)(A), by striking ``furnish for 
     publication by the Secretary of Commerce'' and inserting 
     ``publish'';
       (2) by striking paragraph (2) and inserting the following:
       ``(2)(A) A notice of solicitation required to be published 
     under paragraph (1) may be published by means of--
       ``(i) electronic accessibility that meets the requirements 
     of section 18(a)(7) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 416(a)(7)); or
       ``(ii) publication in the Commerce Business Daily.
       ``(B) The Secretary of Commerce shall promptly publish in 
     the Commerce Business Daily each notice or announcement 
     received under this subsection for publication by that 
     means.''; and
       (3) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``furnish a notice to the Secretary of Commerce'' and 
     inserting ``publish a notice of solicitation''; and
       (B) in subparagraph (A), by striking ``by the Secretary of 
     Commerce''.
       (d) Periodic Reports on Implementation of Electronic 
     Commerce in Federal Procurement.--Section 30(e) of the Office 
     of Federal Procurement Policy Act (41 U.S.C. 426(e)) is 
     amended--
       (1) in the first sentence, by striking ``Not later than 
     March 1, 1998, and every year afterward through 2003'' and 
     inserting ``Not later than March 1 of each even-numbered year 
     through 2004''; and
       (2) in paragraph (4)--
       (A) by striking ``Beginning with the report submitted on 
     March 1, 1999,''; and
       (B) by striking ``calendar year'' and inserting ``two 
     fiscal years''.
       (e) Effective Date and Applicability.--This section and the 
     amendments made by this section shall take effect on October 
     1, 2000. The amendments made by subsections (a), (b) and (c) 
     shall apply with respect to solicitations issued on or after 
     that date.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

     SEC. 901. REPEAL OF LIMITATION ON MAJOR DEPARTMENT OF DEFENSE 
                   HEADQUARTERS ACTIVITIES PERSONNEL.

       (a) Repeal of Limitation.--(1) Section 130a of title 10, 
     United States Code, is repealed.
       (2) The table of sections at the beginning of chapter 3 of 
     such title is amended by striking the item relating to 
     section 130a.
       (b) Repeal of Associated Reporting Requirement.--Section 
     921(b) of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 113 Stat. 723) is repealed.

     SEC. 902. OVERALL SUPERVISION OF DEPARTMENT OF DEFENSE 
                   ACTIVITIES FOR COMBATING TERRORISM.

       Section 138(b)(4) of title 10, United States Code, is 
     amended to read as follows:
       ``(4)(A) One of the Assistant Secretaries shall be the 
     Assistant Secretary of Defense for Special Operations and Low 
     Intensity Conflict.
       ``(B) The Assistant Secretary shall have the following 
     duties:
       ``(i) As the principal duty, to provide overall supervision 
     (including oversight of policy and resources) of special 
     operations activities (as defined in section 167(j) of this 
     title) and low intensity conflict activities of the 
     Department of Defense.

[[Page 14537]]

       ``(ii) To provide overall direction and supervision for 
     policy, program planning and execution, and allocation and 
     use of resources for the activities of the Department of 
     Defense for combating terrorism, including antiterrorism 
     activities, counterterrorism activities, terrorism 
     consequences management activities, and terrorism-related 
     intelligence support activities.
       ``(C) The Assistant Secretary is the principal civilian 
     adviser to the Secretary of Defense on, and is the principal 
     official within the senior management of the Department of 
     Defense (after the Secretary and Deputy Secretary) 
     responsible for, the following matters:
       ``(i) Special operations and low intensity conflict.
       ``(ii) Combating terrorism.''.

     SEC. 903. NATIONAL DEFENSE PANEL 2001.

       (a) Establishment.--Not later than March 1, 2001, the 
     Secretary of Defense shall establish a nonpartisan, 
     independent panel to be known as the National Defense Panel 
     2001. The Panel shall have the duties set forth in this 
     section.
       (b) Membership and Chairman.--(1) The Panel shall be 
     composed of nine members appointed from among persons in the 
     private sector who are recognized experts in matters relating 
     to the national security of the United States, as follows:
       (A) Three members appointed by the Secretary of Defense.
       (B) Three members appointed by the Chairman of the 
     Committee on Armed Services of the Senate, in consultation 
     with the ranking member of the committee.
       (C) Three members appointed by the Chairman of the 
     Committee on Armed Services of the House of Representatives, 
     in consultation with the ranking member of the committee.
       (2) The Secretary of Defense, in consultation with the 
     chairmen and ranking members of the Committees on Armed 
     Services of the Senate and the House of Representatives, 
     shall designate one of the members to serve as the chairman 
     of the Panel.
       (c) Duties.--(1) The Panel shall--
       (A) assess the matters referred to in paragraph (2);
       (B) assess the current and projected strategic environment, 
     together with the progress made by the Armed Forces in 
     transforming to meet that environment;
       (C) identify the most dangerous threats to the national 
     security interests of the United States that are to be 
     countered by the United States in the ensuing 10 years and 
     those that are to be encountered in the ensuing 20 years;
       (D) identify the strategic and operational challenges for 
     the Armed Forces to address in order to prepare to counter 
     the threats identified under subparagraph (C);
       (E) develop--
       (i) a recommendation on the priority that should be 
     accorded to each of the strategic and operational challenges 
     identified under subparagraph (D); and
       (ii) a recommendation on the priority that should be 
     accorded to the development of each joint capability needed 
     to meet each such challenge; and
       (F) identify the issues that the Panel recommends for 
     assessment during the next quadrennial review to be conducted 
     under section 118 of title 10, United States Code.
       (2) The matters to be assessed under paragraph (1)(A) are 
     the defense strategy, force structure, force modernization 
     plans, infrastructure, budget plan, and other elements of the 
     defense program and policies established since the 
     quadrennial defense review conducted in 1996.
       (3) The Panel shall conduct the assessments under paragraph 
     (1) with a view toward recommending--
       (A) the most critical changes that should be made to the 
     defense strategy of the United States for the ensuing 10 
     years and the most critical changes that should be made to 
     the defense strategy of the United States for the ensuing 20 
     years; and
       (B) any changes considered appropriate by the Panel 
     regarding the major weapon systems programmed for the force, 
     including any alternatives to those weapon systems.
       (d) Report.--(1) The Panel shall submit to the Secretary of 
     Defense and to the Committees on Armed Services of the Senate 
     and the House of Representatives two reports on the 
     assessment, including a discussion of the Panel's activities, 
     the findings and recommendations of the Panel, and any 
     recommendations for legislation that the Panel considers 
     appropriate, as follows:
       (A) An interim report not later than July 1, 2001.
       (B) A final report not later than December 1, 2001.
       (2) Not later than December 15, 2001, the Secretary shall 
     transmit to the committees referred to in paragraph (1) the 
     Secretary's comments on the final report submitted to the 
     committees under subparagraph (B) of that paragraph.
       (e) Information From Federal Agencies.--The Panel may 
     secure directly from the Department of Defense and any of its 
     components and from any other department and agency of the 
     United States such information as the Panel considers 
     necessary to carry out its duties under this section. The 
     head of the department or agency concerned shall ensure that 
     information requested by the Panel under this subsection is 
     promptly provided.
       (f) Personnel Matters.--(1) Each member of the Panel shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Panel.
       (2) The members of the Panel shall be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Panel.
       (3)(A) The chairman of the Panel may, without regard to the 
     civil service laws and regulations, appoint and terminate an 
     executive director and a staff if the Panel determines that 
     an executive director and staff are necessary in order for 
     the Panel to perform its duties effectively. The employment 
     of an executive director shall be subject to confirmation by 
     the Panel.
       (B) The chairman may fix the compensation of the executive 
     director without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director may not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of such title.
       (4) Any employee of the United States may be detailed to 
     the Panel without reimbursement of the employee's agency, and 
     such detail shall be without interruption or loss of civil 
     service status or privilege. The Secretary shall ensure that 
     sufficient personnel are detailed to the Panel to enable the 
     Panel to carry out its duties effectively.
       (5) To the maximum extent practicable, the members and 
     employees of the Panel shall travel on military aircraft, 
     military ships, military vehicles, or other military 
     conveyances when travel is necessary in the performance of a 
     duty of the Panel, except that no such aircraft, ship, 
     vehicle, or other conveyance may be scheduled primarily for 
     the transportation of any such member or employee when the 
     cost of commercial transportation is less expensive.
       (g) Administrative Provisions.--(1) The Panel may use the 
     United States mails and obtain printing and binding services 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (2) The Secretary shall furnish the Panel any 
     administrative and support services requested by the Panel.
       (3) The Panel may accept, use, and dispose of gifts or 
     donations of services or property.
       (h) Payment of Panel Expenses.--The compensation, travel 
     expenses, and per diem allowances of members and employees of 
     the Panel shall be paid out of funds available to the 
     Department of Defense for the payment of compensation, travel 
     allowances, and per diem allowances, respectively, of 
     civilian employees of the Department. The other expenses of 
     the Panel shall be paid out of funds available to the 
     Department for the payment of similar expenses incurred by 
     the Department.
       (i) Termination.--The Panel shall terminate at the end of 
     the year following the year in which the Panel submits its 
     final report under subsection (d)(1)(B). For the period that 
     begins 90 days after the date of submittal of the report, the 
     activities and staff of the panel shall be reduced to a level 
     that the Secretary of Defense considers sufficient to 
     continue the availability of the panel for consultation with 
     the Secretary of Defense and with the Committees on Armed 
     Services of the Senate and the House of Representatives.

     SEC. 904. QUADRENNIAL NATIONAL DEFENSE PANEL.

       (a) National Defense Panel.--(1) Chapter 7 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 184. National Defense Panel

       ``(a) Establishment.--Not later than January 1 of each year 
     immediately preceding a year in which a President is to be 
     inaugurated, the Secretary of Defense shall establish a 
     nonpartisan, independent panel to be known as the National 
     Defense Panel. The Panel shall have the duties set forth in 
     this section.
       ``(b) Membership and Chairman.--(1) The Panel shall be 
     composed of nine members appointed from among persons in the 
     private sector who are recognized experts in matters relating 
     to the national security of the United States, as follows:
       ``(A) Three members appointed by the Secretary of Defense.
       ``(B) Three members appointed by the Chairman of the 
     Committee on Armed Services of the Senate, in consultation 
     with the ranking member of the committee.
       ``(C) Three members appointed by the Chairman of the 
     Committee on Armed Services of the House of Representatives, 
     in consultation with the ranking member of the committee.
       ``(2) The Secretary of Defense, in consultation with the 
     chairmen and ranking members of the Committees on Armed 
     Services of the Senate and the House of Representatives, 
     shall designate one of the members to serve as the chairman 
     of the Panel
       ``(c) Duties.--(1) The Panel shall--
       ``(A) assess the matters referred to in paragraph (2);
       ``(B) assess the current and projected strategic 
     environment, together with the progress made by the armed 
     forces in transforming to meet the environment;
       ``(C) identify the most dangerous threats to the national 
     security interests of the United States that are to be 
     countered by the United States in the ensuing 10 years and 
     those that are to be encountered in the ensuing 20 years;
       ``(D) identify the strategic and operational challenges for 
     the armed forces to address in

[[Page 14538]]

     order to prepare to counter the threats identified under 
     subparagraph (C);
       ``(E) develop--
       ``(i) a recommendation on the priority that should be 
     accorded to each of the strategic and operational challenges 
     identified under subparagraph (D); and
       ``(ii) a recommendation on the priority that should be 
     accorded to the development of each joint capability needed 
     to meet each such challenge; and
       ``(F) identify the issues that the Panel recommends for 
     assessment during the next quadrennial review to be conducted 
     under section 118 of this title.
       ``(2) The matters to be assessed under paragraph (1)(A) are 
     the defense strategy, force structure, force modernization 
     plans, infrastructure, budget plan, and other elements of the 
     defense program and policies established since the previous 
     quadrennial defense review under section 118 of this title.
       ``(3) The Panel shall conduct the assessments under 
     paragraph (1) with a view toward recommending--
       ``(A) the most critical changes that should be made to the 
     defense strategy of the United States for the ensuing 10 
     years and the most critical changes that should be made to 
     the defense strategy of the United States for the ensuing 20 
     years; and
       ``(B) any changes considered appropriate by the Panel 
     regarding the major weapon systems programmed for the force, 
     including any alternatives to those weapon systems.
       ``(d) Report.--(1) The Panel, in the year that it is 
     conducting an assessment under subsection (c), shall submit 
     to the Secretary of Defense and to the Committees on Armed 
     Services of the Senate and the House of Representatives two 
     reports on the assessment, including a discussion of the 
     Panel's activities, the findings and recommendations of the 
     Panel, and any recommendations for legislation that the Panel 
     considers appropriate, as follows:
       ``(A) An interim report not later than July 1 of the year.
       ``(B) A final report not later than December 1 of the year.
       ``(2) Not later than December 15 of the year in which the 
     Secretary receives a final report under paragraph (1)(B), the 
     Secretary shall submit to the committees referred to in 
     paragraph (1) the Secretary's comments on that report.
       ``(e) Information From Federal Agencies.--The Panel may 
     secure directly from the Department of Defense and any of its 
     components and from any other department or agency of the 
     United States any information that the Panel considers 
     necessary to carry out its duties under this section. The 
     head of that department or agency shall ensure that 
     information requested by the Panel under this subsection is 
     promptly provided.
       ``(f) Personnel Matters.--(1) Each member of the Panel 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5 for each 
     day (including travel time) during which the member is 
     engaged in the performance of the duties of the Panel.
       ``(2) The members of the Panel 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 while away from their homes or regular 
     places of business in the performance of services for the 
     Panel.
       ``(3)(A) The chairman of the Panel may, without regard to 
     the civil service laws and regulations, appoint and terminate 
     an executive director and a staff if the Panel determines 
     that an executive director and staff are necessary in order 
     for the Panel to perform its duties effectively. The 
     employment of an executive director shall be subject to 
     confirmation by the Panel.
       ``(B) The chairman may fix the compensation of the 
     executive director without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director may not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of such title.
       ``(4) Any Federal Government employee may be detailed to 
     the Panel without reimbursement of the employee's agency, and 
     such detail shall be without interruption or loss of civil 
     service status or privilege. The Secretary shall ensure that 
     sufficient personnel are detailed to the Panel to enable the 
     Panel to carry out its duties effectively.
       ``(5) To the maximum extent practicable, the members and 
     employees of the Panel shall travel on military aircraft, 
     military ships, military vehicles, or other military 
     conveyances when travel is necessary in the performance of a 
     duty of the Panel, except that no such aircraft, ship, 
     vehicle, or other conveyance may be scheduled primarily for 
     the transportation of any such member or employee when the 
     cost of commercial transportation is less expensive.
       ``(g) Administrative Provisions.--(1) The Panel may use the 
     United States mails and obtain printing and binding services 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       ``(2) The Secretary shall furnish the Panel any 
     administrative and support services requested by the Panel.
       ``(3) The Panel may accept, use, and dispose of gifts or 
     donations of services or property.
       ``(h) Payment of Panel Expenses.--The compensation, travel 
     expenses, and per diem allowances of members and employees of 
     the Panel shall be paid out of funds available to the 
     Department of Defense for the payment of compensation, travel 
     allowances, and per diem allowances, respectively, of 
     civilian employees of the Department. The other expenses of 
     the Panel shall be paid out of funds available to the 
     Department for the payment of similar expenses incurred by 
     the Department.
       ``(i) Termination.--The Panel shall terminate at the end of 
     the year following the year in which the Panel submits its 
     final report under subsection (d)(1)(B). For the period that 
     begins 90 days after the date of submittal of the report, the 
     activities and staff of the panel shall be reduced to a level 
     that the Secretary of Defense considers sufficient to 
     continue the availability of the Panel for consultation with 
     the Secretary of Defense and with the Committees on Armed 
     Services of the Senate and the House of Representatives.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``184. National Defense Panel.''.
       (b) First Panel To Be Established in 2004.--The first 
     National Defense Panel under section 184 of title 10, United 
     States Code (as added by subsection (a)), shall be 
     established in 2004.

     SEC. 905. INSPECTOR GENERAL INVESTIGATIONS OF PROHIBITED 
                   PERSONNEL ACTIONS.

       (a) Standards and Procedures for Preliminary 
     Determinations.--Subsection (c)(3)(A) of section 1034 of 
     title 10, United States Code, is amended by inserting ``, in 
     accordance with regulations prescribed under subsection 
     (h),'' after ``shall expeditiously determine''.
       (b) Definition of Inspector General.--Subsection (i)(2) of 
     such section is amended by adding at the end the following:
       ``(H) An officer of the armed forces or employee of the 
     Department of Defense, not referred to in any other 
     subparagraph of this paragraph, who is assigned or detailed 
     to serve as an Inspector General at any level in the 
     Department of Defense.''.

     SEC. 906. NETWORK CENTRIC WARFARE.

       (a) Goal.--It shall be a goal of the Department of Defense 
     to fully coordinate the network centric warfare efforts being 
     pursued by the Joint Chiefs of Staff, the Defense Agencies, 
     and the military departments so that (1) the concepts, 
     procedures, training, and technology development resulting 
     from those efforts lead to an integrated information network, 
     and (2) a coherent concept for enabling information dominance 
     in joint military operations can be formulated.
       (b) Report on Implementation of Network Centric Warfare 
     Principles.--(1) The Secretary of Defense, in consultation 
     with the Chairman of the Joint Chiefs of Staff, shall submit 
     to the congressional defense committees a report on the 
     development and implementation of network centric warfare 
     concepts in the Department of Defense.
       (2) The report shall contain the following:
       (A) A clear definition and terminology to describe the set 
     of operational concepts referred to as network centric 
     warfare.
       (B) An identification and description of current, planned, 
     and needed activities by the Office of the Secretary of 
     Defense, the Joint Chiefs of Staff, and the United States 
     Joint Forces Command to coordinate the development of 
     doctrine and the definition of requirements and to ensure 
     that those activities are consistent with the concepts of 
     network centric warfare and information superiority that are 
     articulated in Joint Vision 2010 issued by the Joint Chiefs 
     of Staff.
       (C) Recommended metrics, and a process for applying and 
     reporting such metrics, to assist the Secretary of Defense 
     and the Chairman of the Joint Chiefs of Staff in the 
     evaluation of the progress being made toward--
       (i) the implementation of the concepts of network centric 
     warfare and information superiority that are articulated in 
     Joint Vision 2010; and
       (ii) the attainment of a fully integrated, joint command, 
     control, communications, computers, intelligence, 
     surveillance, and reconnaissance capability.
       (D) A recommended joint concept development and 
     experimentation campaign for enabling the co-evolution of 
     doctrine, organization, training, materiel, leadership, 
     people, and facilities that are pertinent to achieving 
     advances in command and control consistent with the concepts 
     of network centric warfare and information superiority 
     articulated in those vision statements.
       (E) A description of the programs and initiatives underway, 
     together with a discussion of the progress made (as 
     determined using metrics recommended under subparagraph (C)) 
     toward--
       (i) establishing a foundation for networking the sensors, 
     combat personnel and weapon systems, and decisionmaking nodes 
     to ensure that there is seamless communication within each of 
     the Armed Forces and across the Armed Forces;
       (ii) achieving, within and between the Armed Forces, full 
     situational awareness of the dispositions of friendly forces 
     so that joint task forces can operate effectively on fast-
     changing battlefields with substantially reduced risk of 
     fratricide and less restrictive control measures; and
       (iii) ensuring a seamless delivery of fire on targets by 
     the Armed Forces and allied forces, with particular attention 
     being given in that discussion to how networking of surface 
     and aerial fire delivery and aerial transport assets can be 
     exploited to manage theater airspace so

[[Page 14539]]

     as to minimize the coordination steps necessary for obtaining 
     fire clearance or aerial transit clearance.
       (F) An identification of the additional powers that must be 
     provided the officials making joint policy for the Armed 
     Forces in order to ensure that those officials have 
     sufficient authority quickly to develop and implement means 
     for supporting network centric warfare, including such means 
     as interoperable intranets of the Armed Forces and joint and 
     allied interoperability standards for the joint operating 
     environment.
       (G) The areas of joint authority that require greater 
     emphasis or resource allocation.
       (H) The specific organizational entities that can provide 
     coordination for the development of network centric warfare 
     systems and doctrine.
       (I) The joint requirements under development that will lead 
     to the acquisition of technologies for enabling the 
     implementation and support of network centric warfare, 
     together with--
       (i) a description of how the joint requirements are 
     modifying existing requirements and vision statements of each 
     of the Armed Forces to better reflect the joint nature of 
     network centric warfare;
       (ii) a description of how the vision statements are being 
     expanded to reflect the role of network centric warfare 
     concepts in future coalition operations and operations other 
     than war; and
       (iii) an evaluation of whether there is a need to modify 
     the milestone decision processes for all acquisition programs 
     that directly affect joint task force interoperability and 
     interoperability between the Armed Forces.
       (J) A discussion of how the efforts within the Department 
     of Defense to implement information superiority concepts 
     described in Joint Vision 2010 are informed by private sector 
     investments, and successes and failures, in implementing 
     networking technologies that enhance distribution, inventory 
     control, maintenance management, personnel management, 
     knowledge management, technology development, and other 
     relevant business areas.
       (K) A discussion of how Department of Defense activities to 
     establish a joint network centric capability--
       (i) are coordinated with the Intelligence Community, the 
     Department of Commerce, the Department of Justice, the 
     Federal Emergency Management Agency, and other departments 
     and agencies of the United States; and
       (ii) are carried out in accordance with Presidential 
     Decision Directive 63 and the National Plan for Information 
     Systems Protection.
       (c) Study on Use of Joint Experimentation for Developing 
     Network Centric Warfare Concepts.--(1) The Secretary of 
     Defense shall conduct a study on the present and future use 
     of the joint experimentation program of the Department of 
     Defense in the development of network centric warfare 
     concepts.
       (2) The Secretary shall submit to the congressional defense 
     committees a report on the results of the study. The report 
     shall include the following:
       (A) A survey and description of how experimentation under 
     the joint experimentation program and experimentation under 
     the experimentation program of each of the Armed Forces are 
     being used for evaluating emerging concepts in network 
     centric warfare.
       (B) Recommended means and mechanisms for using the results 
     of the joint experimentation for developing new joint 
     requirements, new joint doctrine, and new acquisition 
     programs of the military departments and Defense Agencies 
     with a view to achieving the objective of supporting network 
     centric operations.
       (C) Recommendations on future joint experimentation to 
     validate and accelerate the use of network centric warfare 
     concepts in operations involving coalition forces.
       (D) Recommendations on how joint experimentation can be 
     used to identify impediments to--
       (i) the development of a joint information network; and
       (ii) the seamless coordination of the intranet systems of 
     each of the Armed Forces in operational environments.
       (E) Recommendations on how joint experimentation can be 
     used to develop concepts in revolutionary force redesign to 
     leverage new operational concepts in network centric warfare.
       (F) The levels of appropriations necessary for joint 
     experimentation on network-related concepts.
       (3) The Secretary of Defense, acting through the Chairman 
     of the Joint Chiefs of Staff, shall designate the Commander 
     in Chief of the United States Joint Forces Command to carry 
     out the study and to prepare the report required under this 
     subsection.
       (d) Report on Science and Technology Programs To Support 
     Network Centric Warfare Concepts.--(1) The Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     submit to the congressional defense committees a report 
     describing the coordination of the science and technology 
     investments of the military departments and Defense Agencies 
     in the development of future joint network centric warfare 
     capabilities. The Under Secretary shall consult with the 
     Chairman of the Joint Chiefs of Staff in the preparation of 
     the report.
       (2) The report shall include the following:
       (A) A discussion of the science and technology investments 
     in the following areas:
       (i) Sensors, including ground-based, air-based, sea-based, 
     and space-based inhabited and uninhabited systems.
       (ii) Seamless communications and networking protocols and 
     technologies.
       (iii) Modeling and simulation of technologies and 
     operational concepts.
       (iv) Secure and reliable information networks and 
     databases.
       (v) Computing and software technology.
       (vi) Robust human-machine interfaces.
       (vii) Novel training concepts for supporting network 
     centric operations.
       (B) For the areas listed in subparagraph (A)--
       (i) a rationalization of the rapid pace of technological 
     change and the influence of global developments in commercial 
     technology; and
       (ii) an explanation of how that rationalization is 
     informing and modifying science and technology investments 
     made by the Department of Defense.
       (e) Time for Submission of Reports.--Each report required 
     under this section shall be submitted not later than March 1, 
     2001.

     SEC. 907. ADDITIONAL DUTIES FOR THE COMMISSION TO ASSESS 
                   UNITED STATES NATIONAL SECURITY SPACE 
                   MANAGEMENT AND ORGANIZATION.

       Section 1622(a) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 814; 10 
     U.S.C. 111 note) is amended by adding at the end the 
     following:
       ``(6) The advisability of--
       ``(A) various actions to eliminate the requirement for 
     specified officers in the United States Space Command to be 
     flight rated that results from the dual assignment of such 
     officers to that command and to one or more other commands 
     for which the officers are expressly required to be flight 
     rated;
       ``(B) the establishment of a requirement that all new 
     general or flag officers of the United States Space Command 
     have experience in space, missile, or information operations 
     that is either acquisition experience or operational 
     experience; and
       ``(C) rotating the command of the United States Space 
     Command among the Armed Forces.''.

     SEC. 908. SPECIAL AUTHORITY FOR ADMINISTRATION OF NAVY FISHER 
                   HOUSES.

       (a) Base Operating Support.--Section 2493 of title 10, 
     United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Special Authority for Navy.--The Secretary of the 
     Navy shall provide base operating support for Fisher Houses 
     associated with health care facilities of the Navy. The level 
     of the support shall be equivalent to the base operating 
     support that the Secretary provides for morale, welfare, and 
     recreation category B community activities (as defined in 
     regulations, prescribed by the Secretary, that govern morale, 
     welfare, and recreation activities associated with Navy 
     installations).''.
       (b) Savings Provisions for Certain Navy Employees.--(1) The 
     Secretary of the Navy may continue to employ, and pay out of 
     appropriated funds, any employee of the Navy in the 
     competitive service who, as of October 17, 1998, was employed 
     by the Navy in a position at a Fisher House administered by 
     the Navy, but only for so long as the employee is 
     continuously employed in that position.
       (2) After a person vacates a position in which the person 
     was continued to be employed under the authority of paragraph 
     (1), a person employed in that position shall be employed as 
     an employee of a nonappropriated fund instrumentality of the 
     United States and may not be paid for services in that 
     position out of appropriated funds.
       (3) In this subsection:
       (A) The term ``Fisher House'' has the meaning given the 
     term in section 2493(a)(1) of title 10, United States Code.
       (B) The term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code.
       (c) Effective Date.--(1) The amendments made by subsection 
     (a) shall be effective as of October 17, 1998, as if included 
     in section 2493 of title 10, United States Code, as enacted 
     by section 906(a) of Public Law 105-261.
       (2) Subsection (b) applies with respect to the pay period 
     that includes October 17, 1998, and subsequent pay periods.

     SEC. 909. ORGANIZATION AND MANAGEMENT OF THE CIVIL AIR 
                   PATROL.

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

                    ``CHAPTER 909--CIVIL AIR PATROL

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

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

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

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

       ``(a) Volunteer Civilian Auxiliary.--The Civil Air Patrol 
     is a volunteer civilian auxiliary

[[Page 14540]]

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

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

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

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

       ``(a) Air Force Support for Activities.--The Secretary of 
     the Air Force may furnish to the Civil Air Patrol in 
     accordance with this section any equipment, supplies, and 
     other resources that the Secretary determines necessary to 
     enable the Civil Air Patrol to fulfill the missions assigned 
     by the Secretary to the Civil Air Patrol as an auxiliary of 
     the Air Force.
       ``(b) Forms of Air Force Support.--The Secretary of the Air 
     Force may, under subsection (a)--
       ``(1) give, lend, or sell to the Civil Air Patrol without 
     regard to the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 471 et seq.)--
       ``(A) major items of equipment (including aircraft, motor 
     vehicles, computers, and communications equipment) that are 
     excess to the military departments; and
       ``(B) necessary related supplies and training aids that are 
     excess to the military departments;
       ``(2) permit the use, with or without charge, of services 
     and facilities of the Air Force;
       ``(3) furnish supplies (including fuel, lubricants, and 
     other items required for vehicle and aircraft operations) or 
     provide funds for the acquisition of supplies;
       ``(4) establish, maintain, and supply liaison officers of 
     the Air Force at the national, regional, State, and 
     territorial headquarters of the Civil Air Patrol;
       ``(5) detail or assign any member of the Air Force or any 
     officer, employee, or contractor of the Department of the Air 
     Force to any liaison office at the national, regional, State, 
     or territorial headquarters of the Civil Air Patrol;
       ``(6) detail any member of the Air Force or any officer, 
     employee, or contractor of the Department of the Air Force to 
     any unit or installation of the Civil Air Patrol to assist in 
     the training programs of the Civil Air Patrol;
       ``(7) authorize the payment of travel expenses and 
     allowances, at rates not to exceed those paid to employees of 
     the Federal Government under subchapter I of chapter 57 of 
     title 5, to members of the Civil Air Patrol while the members 
     are carrying out programs or missions specifically assigned 
     by the Air Force;
       ``(8) provide funds for the national headquarters of the 
     Civil Air Patrol, including--
       ``(A) funds for the payment of staff compensation and 
     benefits, administrative expenses, travel, per diem and 
     allowances, rent, utilities, other operational expenses of 
     the national headquarters; and
       ``(B) to the extent considered necessary by the Secretary 
     of the Air Force to fulfill Air Force requirements, funds for 
     the payment of compensation and benefits for key staff at 
     regional, State, or territorial headquarters;
       ``(9) authorize the payment of expenses of placing into 
     serviceable condition, improving, and maintaining equipment 
     (including aircraft, motor vehicles, computers, and 
     communications equipment) owned or leased by the Civil Air 
     Patrol;
       ``(10) provide funds for the lease or purchase of items of 
     equipment that the Secretary determines necessary for the 
     Civil Air Patrol;
       ``(11) support the Civil Air Patrol cadet program by 
     furnishing--
       ``(A) articles of the Air Force uniform to cadets without 
     cost; and
       ``(B) any other support that the Secretary of the Air Force 
     determines is consistent with Air Force missions and 
     objectives; and
       ``(12) provide support, including appropriated funds, for 
     the Civil Air Patrol aerospace education program to the 
     extent that the Secretary of the Air Force determines 
     appropriate for furthering the fulfillment of Air Force 
     missions and objectives.
       ``(c) Assistance by Other Agencies.--(1) The Secretary of 
     the Air Force may arrange for the use by the Civil Air Patrol 
     of such facilities and services under the jurisdiction of the 
     Secretary of the Army, the Secretary of the Navy, or the head 
     of any other department or agency of the United States as the 
     Secretary of the Air Force considers to be needed by the 
     Civil Air Patrol to carry out its mission.
       ``(2) An arrangement for use of facilities or services of a 
     military department or other department or agency under this 
     subsection shall be subject to the agreement of the Secretary 
     of the military department or head of the other department or 
     agency, as the case may be.
       ``(3) Each arrangement under this subsection shall be made 
     in accordance with regulations prescribed under section 9448 
     of this title.

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

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

     ``Sec. 9446. Miscellaneous personnel authorities

       ``(a) Use of Retired Air Force Personnel.--(1) Upon the 
     request of a person retired from service in the Air Force, 
     the Secretary of the Air Force may enter into a personal 
     services contract with that person providing for the person 
     to serve as an administrator or liaison officer for the Civil 
     Air Patrol. The qualifications of a person to provide the 
     services shall be determined and approved in accordance with 
     regulations prescribed under section 9448 of this title.
       ``(2) To the extent provided in a contract under paragraph 
     (1), a person providing services under the contract may 
     accept services on behalf of the Air Force.
       ``(3) A person, while providing services under a contract 
     authorized under paragraph (1), may not be considered to be 
     on active duty or inactive-duty training for any purpose.
       ``(b) Use of Civil Air Patrol Chaplains.--The Secretary of 
     the Air Force may use the services of Civil Air Patrol 
     chaplains in support of the Air Force active duty and reserve 
     component forces to the extent and under conditions that the 
     Secretary determines appropriate.

     ``Sec. 9447. Board of Governors

       ``(a) Governing Body.--The Board of Governors of the Civil 
     Air Patrol is the governing body of the Civil Air Patrol.
       ``(b) Composition.--The Board of Governors is composed of 
     13 members as follows:
       ``(1) Four members appointed by the Secretary of the Air 
     Force, who may be active or retired officers of the Air Force 
     (including reserve components of the Air Force), employees of 
     the Federal Government, or private citizens.
       ``(2) Four members of the Civil Air Patrol, elected from 
     among the members of the Civil Air Patrol in the manner 
     provided in regulations prescribed under section 9448 of this 
     title.
       ``(3) Three members appointed or selected as provided in 
     subsection (c) from among personnel of any Federal Government 
     agencies, public corporations, nonprofit associations, and 
     other organizations that have an interest and expertise in 
     civil aviation and the Civil Air Patrol mission.
       ``(4) One member appointed by the Majority Leader of the 
     Senate.
       ``(5) One member appointed by the Speaker of the House of 
     Representatives.
       ``(c) Appointments From Interested Organizations.--(1) 
     Subject to paragraph (2), the members of the Board of 
     Governors referred to in subsection (b)(3) shall be appointed 
     jointly by the Secretary of the Air Force and the National 
     Commander of the Civil Air Patrol.
       ``(2) Any vacancy in the position of a member referred to 
     in paragraph (1) that is not filled under that paragraph 
     within 90 days shall be filled by majority vote of the other 
     members of the Board.
       ``(d) Chairperson.--(1) The Chairperson of the Board of 
     Governors shall be chosen by the members of the Board of 
     Governors from among the members of the Board eligible for 
     selection under paragraph (2) and shall serve for a term of 
     two years.
       ``(2) The position of Chairperson shall be held on a 
     rotating basis, first by a member of the Board selected from 
     among those appointed by the Secretary of the Air Force under 
     paragraph (1) of subsection (b) and then by a member of the 
     Board selected from among the members elected by the Civil 
     Air Patrol under paragraph (2) of that subsection. Upon the 
     expiration of the term of a Chairperson selected from among

[[Page 14541]]

     the members referred to in one of those paragraphs, the 
     selection of a successor to that position shall be made from 
     among the members who are referred to in the other paragraph.
       ``(e) Powers.--(1) The Board of Governors shall, subject to 
     paragraphs (2) and (3), exercise the powers granted under 
     section 40304 of title 36.
       ``(2) Any exercise by the Board of the power to amend the 
     constitution or bylaws of the Civil Air Patrol or to adopt a 
     new constitution or bylaws shall be subject to the approval 
     of the corporate officers of the Civil Air Patrol, as those 
     officers are defined in the constitution and bylaws of the 
     Civil Air Patrol.
       ``(3) Neither the Board of Governors nor any other 
     component of the Civil Air Patrol may modify or terminate any 
     requirement or authority set forth in this section.
       ``(f) Personal Liability for Breach of a Fiduciary Duty.--
     (1) The Board of Governors may, subject to paragraph (2), 
     take such action as is necessary to limit the personal 
     liability of a member of the Board of Governors to the Civil 
     Air Patrol or to any of its members for monetary damages for 
     a breach of fiduciary duty while serving as a member of the 
     Board.
       ``(2) The Board may not limit the liability of a member of 
     the Board of Governors to the Civil Air Patrol or to any of 
     its members for monetary damages for any of the following:
       ``(A) A breach of the member's duty of loyalty to the Civil 
     Air Patrol or its members.
       ``(B) Any act or omission that is not in good faith or that 
     involves intentional misconduct or a knowing violation of 
     law.
       ``(C) Participation in any transaction from which the 
     member directly or indirectly derives an improper personal 
     benefit.
       ``(3) Nothing in this subsection shall be construed as 
     rendering section 207 or 208 of title 18 inapplicable in any 
     respect to a member of the Board of Governors who is a member 
     of the Air Force on active duty, an officer on a retired list 
     of the Air Force, or an employee of the Federal Government.
       ``(g) Personal Liability for Breach of a Fiduciary Duty.--
     (1) Except as provided in paragraph (2), no member of the 
     Board of Governors or officer of the Civil Air Patrol shall 
     be personally liable for damages for any injury or death or 
     loss or damage of property resulting from a tortious act or 
     omission of an employee or member of the Civil Air Patrol.
       ``(2) Paragraph (1) does not apply to a member of the Board 
     of Governors or officer of the Civil Air Patrol for a 
     tortious act or omission in which the member or officer, as 
     the case may be, was personally involved, whether in breach 
     of a civil duty or in commission of a criminal offense.
       ``(3) Nothing in this subsection shall be construed to 
     restrict the applicability of common law protections and 
     rights that a member of the Board of Governors or officer of 
     the Civil Air Patrol may have.
       ``(4) The protections provided under this subsection are in 
     addition to the protections provided under subsection (f).

     ``Sec. 9448. Regulations

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

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

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

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

       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on January 1, 2001.

     SEC. 910. RESPONSIBILITY FOR THE NATIONAL GUARD CHALLENGE 
                   PROGRAM.

       (a) Secretary of Defense.--Subsection (a) of section 509 of 
     title 32, United States Code, is amended by striking ``, 
     acting through the Chief of the National Guard Bureau,''.
       (b) Clarification of Source of Federal Support.--Subsection 
     (b) of such section is amended by striking ``Federal 
     expenditures'' and inserting ``Department of Defense 
     expenditures''.
       (c) Regulations.--Such section is further amended--
       (1) by redesignating subsection (l) and subsection (m); and
       (2) by inserting after subsection (k) the following new 
     subsection (l):
       ``(l) Regulations.--The Secretary of Defense shall 
     prescribe regulations to carry out this section, including 
     regulations governing the following:
       ``(1) Terms and conditions to be included in program 
     agreements under subsection (c).
       ``(2) The eligibility requirements for participation under 
     subsection (e).
       ``(3) The benefits authorized for program participants 
     under subsection (f).
       ``(4) The status of National Guard personnel providing 
     services for the program under subsection (g).
       ``(5) The use of equipment and facilities of the National 
     Guard for the program under subsection (h).
       ``(6) The status of program participants under subsection 
     (i).
       ``(7) The procedures for communicating between the 
     Secretary of Defense and States regarding the program.''.

     SEC. 911. SUPERVISORY CONTROL OF ARMED FORCES RETIREMENT HOME 
                   BOARD BY SECRETARY OF DEFENSE.

       (a) Board Authority Subject to Secretary's Control.--
     Section 1516(a) of the Armed Forces Retirement Home Act of 
     1991 (Public Law 101-510; 24 U.S.C. 416(a)) is amended by 
     inserting after the first sentence the following: ``The Board 
     is subject to the authority, direction, and control of the 
     Secretary of Defense in the performance of its 
     responsibilities.''.
       (b) Appointment and Terms of Board Members.--Section 1515 
     of such Act (24 U.S.C. 415) is amended--
       (1) in subsection (b), by adding at the end the following:
     ``An appointment not made by the Secretary of Defense is 
     subject to the approval of the Secretary of Defense.'';
       (2) in subsection (e)(3), by striking ``Chairman of the 
     Retirement Home Board'' and inserting ``Secretary of 
     Defense''; and
       (3) in subsection (f), by striking ``(f) Early Expiration 
     of Term.--'' and inserting the following:
       ``(f) Early Termination.--(1) The Secretary of Defense may 
     terminate the appointment of a member of the Board at the 
     pleasure of the Secretary.
       ``(2)''.
       (c) Responsibility of Chairman to the Secretary.--Section 
     1515(d)(1)(B) of such Act (24 U.S.C. 415(d)(1)(B)) is amended 
     by striking ``not be responsible to the Secretary of Defense 
     or to the Secretaries of the military departments'' and 
     inserting ``be responsible to the Secretary of Defense, but 
     not to the Secretaries of the military departments,''.

     SEC. 912. CONSOLIDATION OF CERTAIN NAVY GIFT FUNDS.

       (a) Merger of Naval Historical Center Fund Into Department 
     of the Navy General Gift Fund.--(1) The Secretary of the Navy 
     shall transfer all amounts in the Naval Historical Center 
     Fund maintained under section 7222 of title 10, United States 
     Code, to the Department of the Navy General Gift Fund 
     maintained under section 2601 of such title. Upon completing 
     the transfer, the Secretary shall close the Naval Historical 
     Center Fund.
       (2) Amounts transferred to the Department of the Navy 
     General Gift Fund under this subsection shall be merged with 
     other amounts in that Fund and shall be available for the 
     purposes for which amounts in that Fund are available.
       (b) Consolidation of Naval Academy General Gift Fund and 
     Naval Academy Museum Fund.--(1) The Secretary of the Navy 
     shall transfer all amounts in the United States Naval Academy 
     Museum Fund established by section 6974 of title 10, United 
     States Code, to the gift fund maintained for the benefit and 
     use of the United States Naval Academy under section 6973 of 
     such title. Upon completing the transfer, the Secretary shall 
     close the United States Naval Academy Museum Fund.
       (2) Amounts transferred under this subsection shall be 
     merged with other amounts in the gift fund to which 
     transferred and shall be available for the purposes for which 
     amounts in that gift fund are available.
       (c) Consolidation and Revision of Authorities for 
     Acceptance of Gifts, Bequests, and Loans for the United 
     States Naval Academy.--(1) Subsection (a) of section 6973 of 
     title 10, United States Code, is amended--
       (A) in the first sentence--
       (i) by inserting ``, and loans of personal property other 
     than money,'' after ``gifts and bequests of personal 
     property''; and
       (ii) by inserting ``or the Naval Academy Museum, its 
     collection, or its services'' before the period at the end;
       (B) in the second sentence, by striking `` `United States 
     Naval Academy general gift

[[Page 14542]]

     fund' '' and inserting `` `United States Naval Academy Gift 
     and Museum Fund' ''; and
       (C) in the third sentence, by inserting ``(including the 
     Naval Academy Museum)'' after ``the Naval Academy''.
       (2) Such section 6973 is further amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Secretary shall prescribe written guidelines to 
     be used for determinations of whether the acceptance of 
     money, any personal property, or any loan of personal 
     property under subsection (a) would reflect unfavorably on 
     the ability of the Department of the Navy or any officer or 
     employee of the Department of the Navy to carry out 
     responsibilities or duties in a fair and objective manner, or 
     would compromise either the integrity or the appearance of 
     the integrity of any program of the Department of the Navy or 
     any officer or employee of the Department of the Navy who is 
     involved in any such program.''.
       (3) Subsection (d) of such section, as redesignated by 
     paragraph (2)(A), is amended by striking ``United States 
     Naval Academy general gift fund'' both places it appears and 
     inserting ``United States Naval Academy Gift and Museum 
     Fund''.
       (4) The heading for such section is amended to read as 
     follows:

     ``Sec. 6973. Gifts, bequests, and loans of property: 
       acceptance for benefit and use of Naval Academy''.

       (d) References to Closed Gift Funds.--(1) Section 6974 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 6974. United States Naval Academy Museum Fund: 
       references to Fund

       ``Any reference in a law, regulation, document, paper, or 
     other record of the United States to the United States Naval 
     Academy Museum Fund formerly maintained under this section 
     shall be deemed to refer to the United States Naval Academy 
     Gift and Museum Fund maintained under section 6973 of this 
     title.''.
       (2) Section 7222 of such title is amended to read as 
     follows:

     ``Sec. 7222. Naval Historical Center Fund: references to Fund

       ``Any reference in a law, regulation, document, paper, or 
     other record of the United States to the Naval Historical 
     Center Fund formerly maintained under this section shall be 
     deemed to refer to the Department of the Navy General Gift 
     Fund maintained under section 2601 of this title.''.
       (e) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 603 of title 10, United States Code, is 
     amended by striking the items relating to sections 6973 and 
     6974 and inserting the following:

``6973. Gifts, bequests, and loans of property: acceptance for benefit 
              and use of Naval Academy.
``6974. United States Naval Academy Museum Fund: references to Fund.''.

       (2) The item relating to section 7222 of such title in the 
     table of sections at the beginning of chapter 631 of such 
     title is amended to read as follows:

``7222. Naval Historical Center Fund: references to Fund.''.

     SEC. 913. TEMPORARY AUTHORITY TO DISPOSE OF A GIFT PREVIOUSLY 
                   ACCEPTED FOR THE NAVAL ACADEMY.

       Notwithstanding section 6973 of title 10, United States 
     Code, during fiscal year 2001, the Secretary of the Navy may 
     dispose of the current cash value of a gift accepted before 
     the date of the enactment of this Act for the Naval Academy 
     general gift fund by disbursing out of that fund the amount 
     equal to that cash value to an entity designated by the donor 
     of the gift.

     SEC. 914. MANAGEMENT OF NAVY RESEARCH FUNDS BY CHIEF OF NAVAL 
                   RESEARCH.

       (a) Clarification of Duties.--Section 5022 of title 10, 
     United States Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (2) by inserting after paragraph (1) of subsection (a) the 
     following:
       ``(b)(1) The Chief of Naval Research is the head of the 
     Office of Naval Research.''; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Chief as Manager of Research Funds.--The Chief of 
     Naval Research shall manage the Navy's basic, applied, and 
     advanced research funds to foster transition from science and 
     technology to higher levels of research, development, test, 
     and evaluation.''.
       (b) Conforming Amendment.--Subsection (a) of such section 
     is amended by striking ``(a)(1)'' and inserting ``(a)''.

     SEC. 915. UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

       (a) Authority.--(1) Part III of subtitle D of title 10, 
     United States Code, is amended by inserting after chapter 903 
     the following:

     ``CHAPTER 904--UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY

``Sec.
``9321. Establishment; purposes.
``9322. Sense of the Senate regarding the utilization of the Air Force 
              Institute of Technology.

     ``Sec. 9321. Establishment; purposes

       ``(a) Establishment.--There is a United States Air Force 
     Institute of Technology in the Department of the Air Force.
       ``(b) Purposes.--The purposes of the Institute are as 
     follows:
       ``(1) To perform research.
       ``(2) To provide advanced instruction and technical 
     education for employees of the Department of the Air Force 
     and members of the Air Force (including the reserve 
     components) in their practical and theoretical duties.

     ``Sec. 9322. Sense of the Senate regarding the utilization of 
       the Air Force Institute of Technology

       ``It is the sense of the Senate that in order to insure 
     full and continued utilization of the Air Force Institute of 
     Technology, the Secretary of the Air Force should, in consult 
     with the Chief of Staff of the Air Force and the Commander of 
     the Air Force Materiel Command, review the following areas of 
     organizational structure and operations at the Institute:
       ``(1) The grade of the Commandant.
       ``(2) The chain of command of the Commandant of the 
     Institute within the Air Force.
       ``(3) The employment and compensation of civilian 
     professors at the Institute.
       ``(4) The processes for the identification of requirements 
     for advanced degrees within the Air Force, identification for 
     annual enrollment quotas and selection of candidates.
       ``(5) Post graduation opportunities for graduates of the 
     Institute.
       ``(6) The policies and practices regarding the admission 
     of--
       ``(A) officers of the Army, Navy, Marine Corps, and Coast 
     Guard;
       ``(B) employees of the Department of the Army, Department 
     of the Navy, and Department of Transportation;
       ``(C) personnel of the armed forces of foreign countries;
       ``(D) enlisted members of the Armed Forces of the United 
     States; and
       ``(E) others eligible for admission.''.

     SEC. 916. EXPANSION OF AUTHORITY TO EXEMPT GEODETIC PRODUCTS 
                   OF THE DEPARTMENT OF DEFENSE FROM PUBLIC 
                   DISCLOSURE.

       Section 455(b)(1)(C) of title 10, United States Code, is 
     amended by striking ``or reveal military operational or 
     contingency plans'' and inserting ``, reveal military 
     operational or contingency plans, or reveal, jeopardize, or 
     compromise military or intelligence capabilities''.

     SEC. 917. 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) Implementation of High Energy Laser Master Plan.--(1) 
     The Secretary of Defense shall implement the management and 
     organizational structure specified in the Department of 
     Defense High Energy Laser Master Plan of March 24, 2000.
       (2) The Secretary shall locate the Joint Technology Office 
     specified in the High Energy Laser Master Plan at a location 
     determined appropriate by the Secretary, not later than 
     October 1, 2000.
       (3) In determining the location of the Joint Technology 
     Office, the Secretary shall, in consultation with the Deputy 
     Under Secretary of Defense for Science and Technology, 
     evaluate whether to locate the Office at a site at which 
     occur a substantial proportion of the directed energy 
     research, development, test, and evaluation activities of the 
     Department of Defense.

[[Page 14543]]

       (c) 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.
       (d) Enhancement of Test and Evaluation Capabilities.--The 
     Secretary of Defense shall consider modernizing the High 
     Energy Laser Test Facility at White Sands Missile Range, New 
     Mexico, in order to enhance the test and evaluation 
     capabilities of the Department of Defense with respect to 
     directed energy weapons.
       (e) Cooperative Programs and Activities.--The Secretary of 
     Defense shall evaluate the feasibility and advisability of 
     entering into cooperative programs or activities with other 
     Federal agencies, institutions of higher education, and the 
     private sector, 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.
       (f) Funding for Fiscal Year 2001.--(1) Of the amount 
     authorized to be appropriated by section 201(4) for research, 
     development, test, and evaluation, Defense-wide, up to 
     $50,000,000 may be available for science and technology 
     activities relating to directed energy technologies, systems, 
     and weapons.
       (2) The Secretary of Defense shall establish procedures for 
     the allocation of funds available under paragraph (1) among 
     activities referred to in that paragraph. In establishing 
     such procedures, the Secretary shall provide for the 
     competitive selection of programs, projects, and activities 
     to be carried out by the recipients of such funds.
       (g) 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.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

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

     SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS FOR FISCAL YEAR 2000.

       Amounts authorized to be appropriated to the Department of 
     Defense for fiscal year 2000 in the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65) 
     are hereby adjusted, with respect to any such authorized 
     amount, by the amount by which appropriations pursuant to 
     such authorization were increased (by a supplemental 
     appropriation) or decreased (by a rescission), or both, in 
     any law making supplemental appropriations for fiscal year 
     2000 that is enacted during the 106th Congress, second 
     session.

     SEC. 1003. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2001.

       (a) Fiscal Year 2001 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2001 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2000, of funds appropriated for fiscal years 
     before fiscal year 2001 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $743,000 for 
     the Civil Budget.
       (2) Of the amount provided in section 301(1), $194,400,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.

     SEC. 1004. ANNUAL OMB/CBO JOINT REPORT ON SCORING OF BUDGET 
                   OUTLAYS.

       (a) Revision of Scope of Technical Assumptions.--Subsection 
     (a)(1) of section 226 of title 10, United States Code, is 
     amended by inserting ``subfunctional category 051 (Department 
     of Defense--Military) under'' before ``major functional 
     category 050''.
       (b) Treatment of Differences in Outlay Rates and 
     Assumptions.--(1) Subsection (b) of such section is amended 
     by striking ``, the report shall reflect the average of the 
     relevant outlay rates or assumptions used by the two 
     offices.'' and inserting ``, the report shall reflect the 
     differences between the relevant outlay rates or assumptions 
     used by the two offices. For each account for which a 
     difference is reported, the report shall also display, by 
     fiscal year, each office's estimates regarding budget 
     authority, outlay rates, and outlays.''.
       (2) The heading for such subsection is amended to read as 
     follows: ``Differences in Outlay Rates and Assumptions.--''.

     SEC. 1005. PROMPT PAYMENT OF CONTRACT VOUCHERS.

       (a) Requirement.--(1) Chapter 131 of title 10, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 2225. Prompt payment of vouchers for contracted 
       property and services

       ``(a) Requirement.--Of the contract vouchers that are 
     received by the Defense Finance and Accounting Service by 
     means of the mechanization of contract administration 
     services system, the number of such vouchers that remain 
     unpaid for more than 30 days as of the last day of each month 
     may not exceed 5 percent of the total number of the contract 
     vouchers so received that remain unpaid on that day.
       ``(b) Conditional Requirement for Report.--(1) For any 
     month of a fiscal year that the requirement in subsection (a) 
     is not met, the Secretary of Defense shall submit to Congress 
     a report on the magnitude of the unpaid contract vouchers. 
     The report for a month shall be submitted not later than 30 
     days after the end of that month.
       ``(2) A report for a month under paragraph (1) shall 
     include information current as of the last day of the month 
     as follows:
       ``(A) The number of the vouchers received by the Defense 
     Finance and Accounting Service by means of the mechanization 
     of contract administration services system during each month.
       ``(B) The number of the vouchers so received, whenever 
     received by the Defense Finance and Accounting Service, that 
     remain unpaid for each of the following periods:
       ``(i) Not more than 30 days.
       ``(ii) Over 30 days and not more than 60 days.
       ``(iii) Over 60 days and not more than 90 days.
       ``(iv) More than 90 days.
       ``(C) The number of the vouchers so received that remain 
     unpaid for the major categories of procurements, as defined 
     by the Secretary of Defense.
       ``(D) The corrective actions that are necessary, and those 
     that are being taken, to ensure compliance with the 
     requirement in subsection (a).
       ``(c) Contract Voucher Defined.--In this section, the term 
     `contract voucher' means a voucher or invoice for the payment 
     of a contractor for services, commercial items (as defined in 
     section 4(12) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 403(12))), or other deliverable items provided by 
     the contractor pursuant to a contract funded by the 
     Department of Defense.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``2225. Prompt payment of vouchers for contracted property and 
              services''.

       (b) Effective Date.--Section 2225 of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     on December 1, 2000, and shall apply with respect to months 
     beginning on or after that date.

     SEC. 1006. REPEAL OF CERTAIN REQUIREMENTS RELATING TO TIMING 
                   OF CONTRACT PAYMENTS.

       The following provisions of law are repealed: sections 8175 
     and 8176 of the Department of Defense Appropriations Act, 
     2000 (Public Law 106-

[[Page 14544]]

     79), as amended by sections 214 and 215, respectively, of 
     H.R. 3425 of the 106th Congress (113 Stat. 1501A-297), as 
     enacted into law by section 1000(a)(5) of Public Law 106-113.

     SEC. 1007. PLAN FOR PROMPT POSTING OF CONTRACTUAL 
                   OBLIGATIONS.

       (a) Requirement for Plan.--The Secretary of Defense shall 
     submit to the congressional defense committees, not later 
     than November 15, 2000, and carry out a plan for ensuring 
     that each obligation of the Department of Defense under a 
     transaction described in subsection (c) is posted within 10 
     days after the obligation is incurred.
       (b) Content of Plan.--The plan for posting obligations 
     shall provide the following:
       (1) Uniform posting requirements that are applicable 
     throughout the Department of Defense, including requirements 
     for the posting of detailed data on each obligation.
       (2) A system of uniform accounting classification reference 
     numbers.
       (3) Increased use of electronic means for the submission of 
     invoices and other billing documents.
       (c) Covered Transactions.--The plan shall apply to each 
     liability of the Department of Defense for a payment under 
     the following:
       (1) A contract.
       (2) An order issued under a contract.
       (3) Services received under a contract.
       (4) Any transaction that is similar to a transaction 
     referred to in another paragraph of this subsection.

     SEC. 1008. PLAN FOR ELECTRONIC SUBMISSION OF DOCUMENTATION 
                   SUPPORTING CLAIMS FOR CONTRACT PAYMENTS.

       (a) Requirement for Plan.--The Secretary of Defense shall 
     submit to the congressional defense committees, not later 
     than March 30, 2001, and carry out a plan for ensuring that 
     all documentation that is to be submitted to the Department 
     of Defense in support of claims for payment under contracts 
     is submitted electronically.
       (b) Content of Plan.--The plan shall include the following:
       (1) The format in which information can be accepted by the 
     Defense Finance and Accounting Service's corporate database.
       (2) Procedures for electronic submission of the following:
       (A) Receiving reports.
       (B) Contracts and contract modifications.
       (C) Required certifications.
       (3) The requirements to be included in contracts regarding 
     electronic submission of invoices by contractors.

     SEC. 1009. ADMINISTRATIVE OFFSETS FOR OVERPAYMENT OF 
                   TRANSPORTATION COSTS.

       (a) Offsets for Overpayments or Liquidated Damages.--
     Section 2636 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 2636. Deductions from amounts due carriers

       ``(a) Amounts for Loss or Damage.--An amount deducted from 
     an amount due a carrier shall be credited as follows:
       ``(1) If deducted because of loss of or damage to material 
     in transit for a military department, to the proper 
     appropriation, account, or fund from which the same or 
     similar material may be replaced.
       ``(2) If deducted as an administrative offset for an 
     overpayment previously made to the carrier under any 
     Department of Defense contract for transportation services or 
     as liquidated damages due under any such contract, to the 
     appropriation or account from which payments for the 
     transportation services were made.
       ``(b) Simplified Offset for Collection of Claims Not in 
     Excess of the Simplified Acquisition Threshold.--(1) In any 
     case in which the total amount of a claim for the recovery of 
     overpayments or liquidated damages under a contract described 
     in subsection (a)(2) does not exceed the simplified 
     acquisition threshold, the Secretary of Defense or the 
     Secretary concerned may exercise the authority to collect the 
     claim by administrative offset under section 3716 of title 31 
     after providing the notice required by paragraph (1) of 
     subsection (a) of that section, but without regard to 
     paragraphs (2), (3), and (4) of that subsection.
       ``(2) In this subsection, the term `simplified acquisition 
     threshold' has the meaning given the term in section 4(11) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     403(11)).''.
       (b) Clerical Amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 157 of 
     such title is amended to read as follows:

``2636. Deductions from amounts due carriers.''.

     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.

     SEC. 1010A. TREATMENT OF PARTIAL PAYMENTS UNDER SERVICE 
                   CONTRACTS.

       For the purposes of the regulations prescribed under 
     section 3903(a)(5) of title 31, United States Code, partial 
     payments, other than progress payments, that are made on a 
     contract for the procurement of services shall be treated as 
     being periodic payments.

                  Subtitle B--Counter-Drug Activities

     SEC. 1011. EXTENSION AND INCREASE OF AUTHORITY TO PROVIDE 
                   ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

       (a) Extension of Authority for Assistance to Colombia.--
     Section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881) is 
     amended--
       (1) in subsection (a), by striking ``during fiscal years 
     1998 through 2002,''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting before the period at the 
     end the following: ``, for fiscal years 1998 through 2002''; 
     and
       (B) in paragraph (2), by inserting before the period at the 
     end the following: ``, for fiscal years 1998 through 2006'.
       (b) Additional Type of Support.--Subsection (c) of such 
     section is amended by adding at the end the following:
       ``(4) The transfer of one light observation aircraft.''.
       (c) Increased Maximum Annual Amount of Support.--Subsection 
     (e)(2) of such section is amended--
       (1) by striking ``$20,000,000'' and inserting 
     ``$40,000,000''; and
       (2) by striking ``2002'' and inserting ``2006, of which not 
     more than $10,000,000 may be obligated or expended for any 
     fiscal year for support for the counter-drug activities of 
     the Government of Peru''.

     SEC. 1012. RECOMMENDATIONS ON EXPANSION OF SUPPORT FOR 
                   COUNTER-DRUG ACTIVITIES.

       (a) Requirement for Submittal of Recommendations.--The 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives, not 
     later than February 1, 2001, the Secretary's recommendations 
     regarding whether expanded support for counter-drug 
     activities should be authorized under section 1033 of the 
     National Defense Authorization Act for Fiscal Year 1998 
     (Public Law 105-85; 111 Stat. 1881) for the region that 
     includes the countries that are covered by that authority on 
     the date of the enactment of this Act.
       (b) Content of Submission.--The submission under subsection 
     (a) shall include the following:
       (1) What, if any, additional countries should be covered.
       (2) What, if any, additional support should be provided to 
     covered countries, together with the reasons for recommending 
     the additional support.
       (3) For each country recommended under paragraph (1), a 
     plan for providing support, including the counter-drug 
     activities proposed to be supported.

     SEC. 1013. REVIEW OF RIVERINE COUNTER-DRUG PROGRAM.

       (a) Requirement for Review.--The Secretary of Defense shall 
     review the riverine counter-drug program supported under 
     section 1033 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1881).
       (b) Report.--Not later than February 1, 2001, the Secretary 
     shall submit a report on the riverine counter-drug program to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives. The report shall include, for each 
     country receiving support under the riverine counter-drug 
     program, the following:
       (1) The Assistant Secretary's assessment of the 
     effectiveness of the program.
       (2) A recommendation regarding which of the Armed Forces, 
     units of the Armed Forces, or other organizations within the 
     Department of Defense should be responsible for managing the 
     program.
       (c) Delegation of Authority.--The Secretary shall require 
     the Assistant Secretary of Defense for Special Operations and 
     Low Intensity Conflict to carry out the responsibilities 
     under this section.

                      Subtitle C--Strategic Forces

     SEC. 1015. REVISED NUCLEAR POSTURE REVIEW.

       (a) Requirement for Review.--The Secretary of Defense, in 
     consultation with the Secretary of Energy, shall conduct a 
     comprehensive review of the nuclear posture of the United 
     States for the next 5 to 10 years.
       (b) Elements of Review.--The nuclear posture review shall 
     include the following elements:
       (1) The role of nuclear forces in United States military 
     strategy, planning, and programming.
       (2) The policy requirements and objectives for the United 
     States to maintain a safe, reliable, and credible nuclear 
     deterrence posture.
       (3) The relationship between United States nuclear 
     deterrence policy, targeting strategy, and arms control 
     objectives.
       (4) The levels and composition of the nuclear delivery 
     systems that will be required for implementing the United 
     States national and military strategy, including any plans 
     for replacing or modifying existing systems.
       (5) The nuclear weapons complex that will be required for 
     implementing the United States national and military 
     strategy, including any plans to modernize or modify the 
     complex.
       (6) The active and inactive nuclear weapons stockpile that 
     will be required for implementing the United States national 
     and military strategy, including any plans for replacing or 
     modifying warheads.
       (c) Report to Congress.--The Secretary of Defense shall 
     submit to Congress, in unclassified and classified forms as 
     necessary, a report on the results of the nuclear posture 
     review concurrently with the Quadrennial Defense Review due 
     in December 2001.
       (d) Sense of Congress.--It is the sense of Congress that, 
     to clarify United States nuclear deterrence policy and 
     strategy for the next 5 to 10 years, a revised nuclear 
     posture review should be conducted and that such review 
     should be used as the basis for establishing future United 
     States arms control objectives and negotiating positions.

[[Page 14545]]



     SEC. 1016. PLAN FOR THE LONG-TERM SUSTAINMENT AND 
                   MODERNIZATION OF UNITED STATES STRATEGIC 
                   NUCLEAR FORCES.

       (a) Requirement for Plan.--The Secretary of Defense, in 
     consultation with the Secretary of Energy, shall develop a 
     long-range plan for the sustainment and modernization of 
     United States strategic nuclear forces to counter emerging 
     threats and satisfy the evolving requirements of deterrence.
       (b) Elements of Plan.--The plan specified under subsection 
     (a) shall include the Secretary's plans, if any, for the 
     sustainment and modernization of the following:
       (1) Land-based and sea-based strategic ballistic missiles, 
     including any plans for developing replacements for the 
     Minuteman III intercontinental ballistic missile and the 
     Trident II sea-launched ballistic missile and plans for 
     common ballistic missile technology development
       (2) Strategic nuclear bombers, including any plans for a B-
     2 follow-on, a B-52 replacement, and any new air-launched 
     weapon systems.
       (3) Appropriate warheads to outfit the strategic nuclear 
     delivery systems referred to in paragraphs (1) and (2) to 
     satisfy evolving military requirements.
       (c) Submittal of Plan.--The plan specified under subsection 
     (a) shall be submitted to Congress not later than April 15, 
     2001. The plan shall be submitted in unclassified and 
     classified forms, as necessary.

     SEC. 1017. CORRECTION OF SCOPE OF WAIVER AUTHORITY FOR 
                   LIMITATION ON RETIREMENT OR DISMANTLEMENT OF 
                   STRATEGIC NUCLEAR DELIVERY SYSTEMS; AUTHORITY 
                   TO WAIVE LIMITATION.

       (a) In General.--Section 1302(b) of the National Defense 
     Authorization Act for Fiscal Year 1998 (Public Law 105-85; 
     111 Stat. 1948), as amended by section 1501(a) of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 806), is further amended by 
     striking ``the application of the limitation in effect under 
     paragraph (1)(B) or (3) of subsection (a), as the case may 
     be,'' and inserting ``the application of the limitation in 
     effect under subsection (a) to a strategic nuclear delivery 
     system''.
       (b) Authority To Waive Limitation on Retirement or 
     Dismantlement of Strategic Nuclear Delivery Systems.--After 
     the submission of the report on the results of the nuclear 
     posture review to Congress under section 1015(c)--
       (1) the Secretary of Defense shall, taking into 
     consideration the results of the review, submit to the 
     President a recommendation regarding whether the President 
     should waive the limitation on the retirement or 
     dismantlement of strategic nuclear delivery systems in 
     section 1302 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948); and
       (2) the President, taking into consideration the results of 
     the review and the recommendation made by the Secretary of 
     Defense under paragraph (1), may waive the limitation 
     referred to in that paragraph if the President determines 
     that it is in the national security interests of the United 
     States to do so.

     SEC. 1018. REPORT ON THE DEFEAT OF HARDENED AND DEEPLY BURIED 
                   TARGETS.

       (a) Study.--The Secretary of Defense shall, in conjunction 
     with the Secretary of Energy, conduct a study relating to the 
     defeat of hardened and deeply buried targets. Under the 
     study, the Secretaries shall--
       (1) review the requirements and current and future plans 
     for hardened and deeply buried targets and agent defeat 
     weapons concepts and activities;
       (2) determine if those plans adequately address all 
     requirements;
       (3) identify potential future hardened and deeply buried 
     targets and other related targets;
       (4) determine what resources and research and development 
     efforts are needed to defeat the targets identified under 
     paragraph (3) as well as other agent defeat requirements;
       (5) assess both current and future options to defeat 
     hardened and deeply buried targets as well as agent defeat 
     weapons concepts, including any limited research and 
     development that may be necessary to conduct such assessment; 
     and
       (6) determine the capability and cost of each option.
       (b) Report.--The Secretary of Defense shall submit to the 
     congressional defense committees a report on the results of 
     the study required by subsection (a) not later than July 1, 
     2001.

     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.

            Subtitle D--Miscellaneous Reporting Requirements

     SEC. 1021. ANNUAL REPORT OF THE CHAIRMAN OF THE JOINT CHIEFS 
                   OF STAFF ON COMBATANT COMMAND REQUIREMENTS.

       (a) Additional Component.--Section 153(d)(1) of title 10, 
     United States Code, is amended by adding at the end the 
     following:
       ``(C) The extent to which the future-years defense program 
     (under section 221 of this title) addresses the requirements 
     on the consolidated lists.''.
       (b) Applicability to Reports After Fiscal Year 2000.--
     Subparagraph (C) of paragraph (1) of section 153(d) of title 
     10, United States Code (as added by subsection (a)), shall 
     apply to reports submitted to Congress under such section 
     after fiscal year 2000.

     SEC. 1022. SEMIANNUAL REPORT ON JOINT REQUIREMENTS OVERSIGHT 
                   COUNCIL.

       (a) Semiannual Report.--The Chairman of the Joints Chiefs 
     of Staff shall submit to the congressional defense committees 
     a semiannual report on the activities of the Joint 
     Requirements Oversight Council. The principal purpose of the 
     report is to inform the committees of the progress made in 
     the reforming and refocusing of the Joint Requirements 
     Oversight Council process during the period covered by the 
     report.
       (b) Content.--The report for a half of a fiscal year shall 
     include the following:
       (1) A listing and justification for each of the distinct 
     capability areas selected by the Chairman of the Joints 
     Chiefs of Staff as being within the principal domain of the 
     Joint Requirements Oversight Council.
       (2) A listing of the joint requirements developed, 
     considered, or approved within each of the capability areas.
       (3) A listing and explanation of the decisions made by the 
     Joint Requirements Oversight Council, together with a 
     delineation of each decision that was made in disagreement 
     with a position advocated by the Commander in Chief, United 
     States Joint Forces Command, as the chief proponent of the 
     requirements identified by the commanders of the unified and 
     specified combatant commands.
       (4) An assessment of the progress made in elevating the 
     Joint Requirements Oversight Council to a more strategic 
     focus on future war fighting requirements, integration of 
     requirements, and development of overarching common 
     architectures.
       (5) A summation and assessment of the role and impact of 
     joint experimentation on the processes and decisions for 
     defining joint requirements, for defining requirements of 
     each of the Armed Forces individually, for managing 
     acquisitions by Defense Agencies, and for managing 
     acquisitions by the military departments.
       (6) A description of any procedural actions that have been 
     taken to improve the Joint Requirements Oversight Council.
       (7) Any recommendations for legislation or for providing 
     additional resources that the Chairman considers necessary in 
     order fully to refocus and reform the processes of the Joint 
     Requirements Oversight Council.
       (c) Dates for Submission.--(1) The semiannual report for 
     the half of a fiscal year ending on March 31 of a year shall 
     be submitted not later than August 31 of that year.
       (2) The semiannual report for the half of a fiscal year 
     ending on September 30 of a year shall be submitted not later 
     than February 28 of the following year.
       (3) The first semiannual report shall be submitted not 
     later than February 28, 2001, and shall cover the last half 
     of fiscal year 2000.

     SEC. 1023. PREPAREDNESS OF MILITARY INSTALLATION FIRST 
                   RESPONDERS FOR INCIDENTS INVOLVING WEAPONS OF 
                   MASS DESTRUCTION.

       (a) Requirement for Report.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the program of 
     the Department of Defense to ensure the preparedness of the 
     first responders of the Department of Defense for incidents 
     involving weapons of mass destruction on installations of the 
     Department of Defense.
       (b) Content of Report.--The report shall include the 
     following:
       (1) A detailed description of the overall preparedness 
     program.
       (2) The schedule and costs associated with the 
     implementation of the program.
       (3) The Department's plan for coordinating the preparedness 
     program with responders in the communities in the localities 
     of the installations.
       (4) The Department's plan for promoting the 
     interoperability of the equipment used by the installation 
     first responders referred to in subsection (a) with the 
     equipment used by the first responders in those communities.
       (c) Definitions.--In this section:
       (1) The term ``first responder'' means an organization 
     responsible for responding to an incident involving a weapon 
     of mass destruction.
       (2) The term ``weapon of mass destruction'' has the meaning 
     given that term in section 1403(1) of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).

     SEC. 1024. DATE OF SUBMITTAL OF REPORTS ON SHORTFALLS IN 
                   EQUIPMENT PROCUREMENT AND MILITARY CONSTRUCTION 
                   FOR THE RESERVE COMPONENTS IN FUTURE-YEARS 
                   DEFENSE PROGRAMS.

       Section 10543(c) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(3) A report required under paragraph (1) for a fiscal 
     year shall be submitted not later than 15 days after the date 
     on which the President submits to Congress the budget for 
     such fiscal year under section 1105(a) of title 31.''.

     SEC. 1025. MANAGEMENT REVIEW OF DEFENSE LOGISTICS AGENCY.

       (a) Comptroller General Review Required.--The Comptroller 
     General shall review

[[Page 14546]]

     each operation of the Defense Logistics Agency--
       (1) to assess--
       (A) the efficiency of the operation;
       (B) the effectiveness of the operation in meeting customer 
     requirements; and
       (C) the flexibility of the operation to adopt best business 
     practices; and
       (2) to identify alternative approaches for improving the 
     operations of the agency.
       (b) Report.--Not later than February 1, 2002, the 
     Comptroller General shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives 1 or 
     more reports setting forth the Comptroller General's findings 
     resulting from the review.

     SEC. 1026. MANAGEMENT REVIEW OF DEFENSE INFORMATION SYSTEMS 
                   AGENCY.

       (a) Comptroller General Review Required.--The Comptroller 
     General shall review each operation of the Defense 
     Information Systems Agency--
       (1) to assess--
       (A) the efficiency of the operation;
       (B) the effectiveness of the operation in meeting customer 
     requirements; and
       (C) the flexibility of the operation to adopt best business 
     practices; and
       (2) to identify alternative approaches for improving the 
     information systems of the Department of Defense.
       (b) Report.--Not later than February 1, 2002, the 
     Comptroller General shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives one 
     or more reports setting forth the Comptroller General's 
     findings resulting from the review.

     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 of C-141 
     aircraft and their replacement with C-17 aircraft and from 
     lower than optimal reliability rates for the C-5 aircraft.
       (3) One of the primary causes of these reliability rates 
     for C-5 aircraft, and especially for operational unit 
     aircraft, is the shortage of spare repair parts. Over the 
     past 5 years, this shortage has been particularly evident in 
     the C-5 fleet.
       (4) 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 to 9 C-5 aircraft were not available during that period 
     because of a lack of parts.
       (5) Average rates of cannibalization of C-5 aircraft per 
     100 sorties of such aircraft have also increased during that 
     period and are well above the Air Mobility Command standard. 
     In any given month, this means devoting additional manhours 
     to 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 of 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.

     SEC. 1028. REPORT ON THE STATUS OF DOMESTIC PREPAREDNESS 
                   AGAINST THE THREAT OF BIOLOGICAL TERRORISM.

       (a) Report Required.--Not later than March 31, 2001, the 
     President shall submit to the Speaker of the House of 
     Representatives and the President Pro Tempore of the Senate a 
     report on domestic preparedness against the threat of 
     biological terrorism.
       (b) Report Elements.--The report shall address the 
     following:
       (1) The current state of United States preparedness to 
     defend against a biologic attack.
       (2) The roles that various Federal agencies currently play, 
     and should play, in preparing for, and defending against, 
     such an attack.
       (3) The roles that State and local agencies and public 
     health facilities currently play, and should play, in 
     preparing for, and defending against, such an attack.
       (4) The advisability of establishing an intergovernmental 
     task force to assist in preparations for such an attack.
       (5) The potential role of advanced communications systems 
     in aiding domestic preparedness against such an attack.
       (6) The potential for additional research and development 
     in biotechnology to aid domestic preparedness against such an 
     attack.
       (7) Other measures that should be taken to aid domestic 
     preparedness against such an attack.
       (8) The financial resources necessary to support efforts 
     for domestic preparedness against such an attack.
       (9) The beneficial consequences of such efforts on--
       (A) the treatment of naturally occurring infectious 
     disease;
       (B) the efficiency of the United States health care system;
       (C) the maintenance in the United States of a competitive 
     edge in biotechnology; and
       (D) the United States economy.

     SEC. 1029. REPORT ON GLOBAL MISSILE LAUNCH EARLY WARNING 
                   CENTER.

       Not later than March 15, 2001, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the feasibility and advisability of establishing a center 
     at which missile launch early warning data from the United 
     States and other nations would be made available to 
     representatives of nations concerned with the launch of 
     ballistic missiles. The report shall include the Secretary's 
     assessment of the advantages and disadvantages of such a 
     center and any other matters regarding such a center that the 
     Secretary considers appropriate.

     SEC. 1030. MANAGEMENT REVIEW OF WORKING-CAPITAL FUND 
                   ACTIVITIES.

       (a) Comptroller General Review Required.--The Comptroller 
     General shall conduct a review of the working-capital fund 
     activities of the Department of Defense to identify any 
     potential changes in current management processes or policies 
     that, if made, would result in a more efficient and 
     economical operation of those activities.
       (b) Review To Include Carryover Policy.--The review shall 
     include a review of practices under the Department of Defense 
     policy that authorizes funds available for working-capital 
     fund activities for one fiscal year to be obligated for work 
     to be performed at such activities within the first 90 days 
     of the next fiscal year (known as ``carryover''). On the 
     basis of the review, the Comptroller General shall determine 
     the following:
       (1) The extent to which the working-capital fund activities 
     of the Department of Defense have complied with the 90-day 
     carryover policy.
       (2) The reasons for the carryover authority under the 
     policy to apply to as much as a 90-day quantity of work.
       (3) Whether applying the carryover authority to not more 
     than a 30-day quantity of work would be sufficient to ensure 
     uninterrupted operations at the working-capital fund 
     activities early in a fiscal year.
       (4) What, if any, savings could be achieved by restricting 
     the carryover authority so as to apply to a 30-day quantity 
     of work.

     SEC. 1031. REPORT ON SUBMARINE RESCUE SUPPORT VESSELS.

       (a) Requirement.--The Secretary of the Navy shall submit to 
     Congress, together with the submission of the budget of the 
     President for fiscal year 2002 under section 1105 of title 
     31, United States Code, a report on the plan of the Navy for 
     providing for submarine rescue support vessels through fiscal 
     year 2007.
       (b) Content.--The report shall include a discussion of the 
     following:
       (1) The requirement for submarine rescue support vessels 
     through fiscal year 2007, including experience in changing 
     from the provision of such vessels from dedicated platforms 
     to the provision of such vessels through vessel of 
     opportunity services and charter vessels.
       (2) The resources required, the risks to submariners, and 
     the operational impacts of the following:
       (A) Chartering submarine rescue support vessels for terms 
     of up to five years, with options to extend the charters for 
     two additional five-year periods.
       (B) Providing submarine rescue support vessels using vessel 
     of opportunity services.
       (C) Providing submarine rescue support services through 
     other means considered by the Navy.

     SEC. 1032. REPORTS ON FEDERAL GOVERNMENT PROGRESS IN 
                   DEVELOPING INFORMATION ASSURANCE STRATEGIES.

       (a) Findings.--Congress makes the following findings:
       (1) The protection of our Nation's critical infrastructure 
     is of paramount importance to the security of the United 
     States.
       (2) The vulnerability of our Nation's critical sectors--
     such as financial services, transportation, communications, 
     and energy and water supply--has increased dramatically in 
     recent years as our economy and society have become ever more 
     dependent on interconnected computer systems.

[[Page 14547]]

       (3) Threats to our Nation's critical infrastructure will 
     continue to grow as foreign governments, terrorist groups, 
     and cyber-criminals increasingly focus on information warfare 
     as a method of achieving their aims.
       (4) Addressing the computer-based risks to our Nation's 
     critical infrastructure requires extensive coordination and 
     cooperation within and between Federal agencies and the 
     private sector.
       (5) Presidential Decision Directive No. 63 (PDD-63) 
     identifies 12 areas critical to the functioning of the United 
     States and requires certain Federal agencies, and encourages 
     private sector industries, to develop and comply with 
     strategies intended to enhance the Nation's ability to 
     protect its critical infrastructure.
       (6) PDD-63 requires lead Federal agencies to work with 
     their counterparts in the private sector to create early 
     warning information sharing systems and other cyber-security 
     strategies.
       (7) PDD-63 further requires that key Federal agencies 
     develop their own internal information assurance plans, and 
     that these plans be fully operational not later than May 
     2003.
       (b) Report Requirements.--(1) Not later than July 1, 2001, 
     the President shall submit to Congress a comprehensive report 
     detailing the specific steps taken by the Federal Government 
     as of the date of the report to develop infrastructure 
     assurance strategies as outlined by Presidential Decision 
     Directive No. 63 (PDD-63). The report shall include the 
     following:
       (A) A detailed summary of the progress of each Federal 
     agency in developing an internal information assurance plan.
       (B) The progress of Federal agencies in establishing 
     partnerships with relevant private sector industries.
       (2) Not later than 120 days after the date of the enactment 
     of this Act, the Secretary of Defense shall submit to 
     Congress a detailed report on the roles and responsibilities 
     of the Department of Defense in defending against attacks on 
     critical infrastructure and critical information-based 
     systems. The report shall include the following:
       (A) A description of the current role of the Department of 
     Defense in implementing Presidential Decision Directive No. 
     63 (PDD-63).
       (B) A description of the manner in which the Department is 
     integrating its various capabilities and assets (including 
     the Army Land Information Warfare Activity (LIWA), the Joint 
     Task Force on Computer Network Defense (JTF-CND), and the 
     National Communications System) into an indications and 
     warning architecture.
       (C) A description of Department work with the intelligence 
     community to identify, detect, and counter the threat of 
     information warfare programs by potentially hostile foreign 
     national governments and sub-national groups.
       (D) A definitions of the terms ``nationally significant 
     cyber event'' and ``cyber reconstitution''.
       (E) A description of the organization of Department to 
     protect its foreign-based infrastructure and networks.
       (F) An identification of the elements of a defense against 
     an information warfare attack, including the integration of 
     the Computer Network Attack Capability of the United States 
     Space Command into the overall cyber-defense of the United 
     States.

                    Subtitle E--Information Security

     SEC. 1041. INSTITUTE FOR DEFENSE COMPUTER SECURITY AND 
                   INFORMATION PROTECTION.

       (a) Establishment.--The Secretary of Defense shall 
     establish an Institute for Defense Computer Security and 
     Information Protection.
       (b) Mission.--The Secretary shall require the institute--
       (1) to conduct research and technology development that is 
     relevant to foreseeable computer and network security 
     requirements and information assurance requirements of the 
     Department of Defense with a principal focus on areas not 
     being carried out by other organizations in the private or 
     public sector; and
       (2) to facilitate the exchange of information regarding 
     cyberthreats, technology, tools, and other relevant issues 
     between government and nongovernment organizations and 
     entities.
       (c) Contractor Operation.--The Secretary shall enter into a 
     contract with a not-for-profit entity or consortium of not-
     for-profit entities to organize and operate the institute. 
     The Secretary shall use competitive procedures for the 
     selection of the contractor to the extent determined 
     necessary by the Secretary.
       (d) Funding.--Of the amounts authorized to be appropriated 
     under section 301(5), $10,000,000 shall be available for the 
     Institute for Defense Computer Security and Information 
     Protection.
       (e) Report.--Not later than April 1, 2001, the Secretary 
     shall submit to the congressional defense committees the 
     Secretary's plan for implementing this section.

     SEC. 1042. INFORMATION SECURITY SCHOLARSHIP PROGRAM.

       (a) Establishment of Program.--(1) Part III of subtitle A 
     of title 10, United States Code, is amended by adding at the 
     end the following:

        ``CHAPTER 112--INFORMATION SECURITY SCHOLARSHIP PROGRAM

``Sec.
``2200. Programs; purpose.
``2200a. Scholarship program.
``2200b. Grant program.
``2200c. Centers of Academic Excellence in Information Assurance 
              Education.
``2200d. Regulations.
``2200e. Definitions.
``2200f. Inapplicability to Coast Guard.

     ``Sec. 2200. Programs; purpose

       ``(a) In General.--To encourage the recruitment and 
     retention of Department of Defense personnel who have the 
     computer and network security skills necessary to meet 
     Department of Defense information assurance requirements, the 
     Secretary of Defense may carry out programs in accordance 
     with this chapter to provide financial support for education 
     in disciplines relevant to those requirements at institutions 
     of higher education.
       ``(b) Types of Programs.--The programs authorized under 
     this chapter are as follows:
       ``(1) Scholarships for pursuit of programs of education in 
     information assurance at institutions of higher education.
       ``(2) Grants to institutions of higher education.

     ``Sec. 2200a. Scholarship program

       ``(a) Authority.--The Secretary of Defense may, subject to 
     subsection (g), provide financial assistance in accordance 
     with this section to a person pursuing a baccalaureate or 
     advanced degree in an information assurance discipline 
     referred to in section 2200(a) of this title at an 
     institution of higher education who enters into an agreement 
     with the Secretary as described in subsection (b).
       ``(b) Service Agreement for Scholarship Recipients.--(1) To 
     receive financial assistance under this section--
       ``(A) a member of the armed forces shall enter into an 
     agreement to serve on active duty in the member's armed force 
     for the period of obligated service determined under 
     paragraph (2);
       ``(B) an employee of the Department of Defense shall enter 
     into an agreement to continue in the employment of the 
     department for the period of obligated service determined 
     under paragraph (2); and
       ``(C) a person not referred to in subparagraph (A) or (B) 
     shall enter into an agreement--
       ``(i) to enlist or accept a commission in one of the armed 
     forces and to serve on active duty in that armed force for 
     the period of obligated service determined under paragraph 
     (2); or
       ``(ii) to accept and continue employment in the Department 
     of Defense for the period of obligated service determined 
     under paragraph (2).
       ``(2) For the purposes of this subsection, the period of 
     obligated service for a recipient of financial assistance 
     under this section shall be the period determined by the 
     Secretary of Defense as being appropriate to obtain adequate 
     service in exchange for the financial assistance and 
     otherwise to achieve the goals set forth in section 2200(a) 
     of this title. In no event may the period of service required 
     of a recipient be less than the period equal to \3/4\ of the 
     total period of pursuit of a degree for which the Secretary 
     agrees to provide the recipient with financial assistance 
     under this section. The period of obligated service is in 
     addition to any other period for which the recipient is 
     obligated to serve on active duty or in the civil service, as 
     the case may be.
       ``(3) An agreement entered into under this section by a 
     person pursuing an academic degree shall include clauses that 
     provide the following:
       ``(A) That the period of obligated service begins on a date 
     after the award of the degree that is determined under the 
     regulations prescribed under section 2200d of this title.
       ``(B) That the person will maintain satisfactory academic 
     progress, as determined in accordance with those regulations, 
     and that failure to maintain such progress constitutes 
     grounds for termination of the financial assistance for the 
     person under this section.
       ``(C) Any other terms and conditions that the Secretary of 
     Defense determines appropriate for carrying out this section.
       ``(c) Amount of Assistance.--The amount of the financial 
     assistance provided for a person under this section shall be 
     the amount determined by the Secretary of Defense as being 
     necessary to pay all educational expenses incurred by that 
     person, including tuition, fees, cost of books, laboratory 
     expenses, and expenses of room and board. The expenses paid, 
     however, shall be limited to those educational expenses 
     normally incurred by students at the institution of higher 
     education involved.
       ``(d) Use of Assistance for Support of Internships.--The 
     financial assistance for a person under this section may also 
     be provided to support internship activities of the person at 
     the Department of Defense in periods between the academic 
     years leading to the degree for which assistance is provided 
     the person under this section.
       ``(e) Refund for Period of Unserved Obligated Service.--(1) 
     A person who voluntarily terminates service before the end of 
     the period of obligated service required under an agreement 
     entered into under subsection (b) shall refund to the United 
     States an amount determined by the Secretary of Defense as 
     being appropriate to obtain adequate service in exchange for 
     financial assistance and otherwise to achieve the goals set 
     forth in section 2200(a) of this title.
       ``(2) An obligation to reimburse the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States.
       ``(3) The Secretary of Defense may waive, in whole or in 
     part, a refund required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.
       ``(f) Effect of Discharge in Bankruptcy.--A discharge in 
     bankruptcy under title 11 that is entered less than 5 years 
     after the termination of an agreement under this section does 
     not discharge the person signing such agreement from a debt 
     arising under such agreement or under subsection (e).
       ``(g) Allocation of Funding.--Not less than 50 percent of 
     the amount available for financial

[[Page 14548]]

     assistance under this section for a fiscal year shall be 
     available only for providing financial assistance for the 
     pursuit of degrees referred to in subsection (a) at 
     institutions of higher education that have established, 
     improved, or are administering programs of education in 
     information assurance under the grant program established in 
     section 2200b of this title, as determined by the Secretary 
     of Defense.

     ``Sec. 2200b. Grant program

       ``(a) Authority.--The Secretary of Defense may provide 
     grants of financial assistance to institutions of higher 
     education to support the establishment, improvement, or 
     administration of programs of education in information 
     assurance disciplines referred to in section 2200(a) of this 
     title.
       ``(b) Purposes.--The proceeds of grants under this section 
     may be used by an institution of higher education for the 
     following purposes:
       ``(1) Faculty development.
       ``(2) Curriculum development.
       ``(3) Laboratory improvements.
       ``(4) Faculty research in information security.

     ``Sec. 2200c. Centers of Academic Excellence in Information 
       Assurance Education

       ``In the selection of a recipient for the award of a 
     scholarship or grant under this chapter, consideration shall 
     be given to whether--
       ``(1) in the case of a scholarship, the institution at 
     which the recipient pursues a degree is a Center of Academic 
     Excellence in Information Assurance Education; and
       ``(2) in the case of a grant, the recipient is a Center of 
     Academic Excellence in Information Assurance Education.

     ``Sec. 2200d. Regulations

       ``The Secretary of Defense shall prescribe regulations for 
     the administration of this chapter.

     ``Sec. 2200e. Definitions

       ``In this chapter:
       ``(1) The term `information assurance' includes the 
     following:
       ``(A) Computer security.
       ``(B) Network security.
       ``(C) Any other information technology that the Secretary 
     of Defense considers related to information assurance.
       ``(2) The term `institution of higher education' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001).
       ``(3) The term `Center of Academic Excellence in 
     Information Assurance Education' means an institution of 
     higher education that is designated as a Center of Academic 
     Excellence in Information Assurance Education by the Director 
     of the National Security Agency.

     ``Sec. 2200f. Inapplicability to Coast Guard

       ``This chapter does not apply to the Coast Guard when it is 
     not operating as a service in the Navy.''.
       (2) The tables of chapters at the beginning of subtitle A 
     of title 10, United States Code, and the beginning of part 
     III of such subtitle are amended by inserting after the item 
     relating to chapter 111 the following:

``112. Information Security Scholarship Program.............2200''.....

       (b) Funding.--Of the amount authorized to be appropriated 
     under section 301(5), $20,000,000 shall be available for 
     carrying out chapter 112 of title 10, United States Code (as 
     added by subsection (a)).
       (c) Report.--Not later than April 1, 2001, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a plan for implementing the programs under chapter 112 of 
     title 10, United States Code.

     SEC. 1043. PROCESS FOR PRIORITIZING BACKGROUND INVESTIGATIONS 
                   FOR SECURITY CLEARANCES FOR DEPARTMENT OF 
                   DEFENSE PERSONNEL.

       (a) Establishment of Process.--Chapter 80 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1563. Security clearance investigations

       ``(a) Expedited Process.--The Secretary of Defense shall 
     prescribe a process for expediting the completion of the 
     background investigations necessary for granting security 
     clearances for Department of Defense personnel who are 
     engaged in sensitive duties that are critical to the national 
     security.
       ``(b) Required Features.--The process developed under 
     subsection (a) shall provide for the following:
       ``(1) Quantification of the requirements for background 
     investigations necessary for grants of security clearances 
     for Department of Defense personnel.
       ``(2) Categorization of personnel on the basis of the 
     degree of sensitivity of their duties and the extent to which 
     those duties are critical to the national security.
       ``(3) Prioritization of the processing of background 
     investigations on the basis of the categories of personnel.
       ``(c) Annual Review.--The Secretary shall review, each 
     year, the process prescribed under subsection (a) and shall 
     revise it as determined necessary in relation to ongoing 
     Department of Defense missions.
       ``(d) Consultation Requirement.--The Secretary shall 
     consult with the Secretaries of the military departments and 
     the heads of Defense Agencies in carrying out this section.
       ``(e) Sensitive Duties.--For the purposes of this section, 
     it is not necessary for the performance of duties to involve 
     classified activities or classified matters in order for the 
     duties to be considered sensitive and critical to the 
     national security.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``1563. Security clearance investigations.''.

     SEC. 1044. AUTHORITY TO WITHHOLD CERTAIN SENSITIVE 
                   INFORMATION FROM PUBLIC DISCLOSURE.

       (a) In General.--Chapter 3 of title 10, United States Code, 
     is amended by inserting after section 130b the following new 
     section:

     ``Sec. 130c. Nondisclosure of information: certain sensitive 
       information of foreign governments and international 
       organizations

       ``(a) Exemption From Disclosure.--The national security 
     official concerned (as defined in subsection (g)) may 
     withhold from public disclosure otherwise required by law 
     sensitive information of foreign governments in accordance 
     with this section.
       ``(b) Information Eligible for Exemption.--For the purposes 
     of this section, information is sensitive information of a 
     foreign government only if the national security official 
     concerned makes each of the following determinations with 
     respect to the information:
       ``(1) That the information was provided by, otherwise made 
     available by, or produced in cooperation with, a foreign 
     government or international organization.
       ``(2) That the foreign government or international 
     organization is withholding the information from public 
     disclosure (relying for that determination on the written 
     representation of the foreign government or international 
     organization to that effect).
       ``(3) That any of the following conditions are met:
       ``(A) The foreign government or international organization 
     requests, in writing, that the information be withheld.
       ``(B) The information was provided or made available to the 
     United States Government on the condition that it not be 
     released to the public.
       ``(C) The information is an item of information, or is in a 
     category of information, that the national security official 
     concerned has specified in regulations prescribed under 
     subsection (f) as being information the release of which 
     would have an adverse effect on the ability of the United 
     States Government to obtain the same or similar information 
     in the future.
       ``(c) Information of Other Agencies.--If the national 
     security official concerned provides to the head of another 
     agency sensitive information of a foreign government, as 
     determined by that national security official under 
     subsection (b), and informs the head of the other agency of 
     that determination, then the head of the other agency shall 
     withhold the information from any public disclosure unless 
     that national security official specifically authorizes the 
     disclosure.
       ``(d) Limitations.--(1) If a request for disclosure covers 
     any sensitive information of a foreign government (as 
     described in subsection (b)) that came into the possession or 
     under the control of the United States Government before the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2001 and more than 25 years before the 
     request is received by an agency, the information may be 
     withheld only as set forth in paragraph (3).
       ``(2)(A) If a request for disclosure covers any sensitive 
     information of a foreign government (as described in 
     subsection (b)) that came into the possession or under the 
     control of the United States Government on or after the date 
     referred to in paragraph (1), the authority to withhold the 
     information under this section is subject to the provisions 
     of subparagraphs (B) and (C).
       ``(B) Information referred to in subparagraph (A) may not 
     be withheld under this section after--
       ``(i) the date that is specified by a foreign government or 
     international organization in a request or expression of a 
     condition described in paragraph (1) or (2) of subsection (b) 
     that is made by the foreign government or international 
     organization concerning the information; or
       ``(ii) if there are more than one such foreign governments 
     or international organizations, the latest date so specified 
     by any of them.
       ``(C) If no date is applicable under subparagraph (B) to a 
     request referred to in subparagraph (A) and the information 
     referred to in that subparagraph came into possession or 
     under the control of the United States more than 10 years 
     before the date on which the request is received by an 
     agency, the information may be withheld under this section 
     only as set forth in paragraph (3).
       ``(3) Information referred to in paragraph (1) or (2)(C) 
     may be withheld under this section in the case of a request 
     for disclosure only if, upon the notification of each foreign 
     government and international organization concerned in 
     accordance with the regulations prescribed under subsection 
     (g)(2), any such government or organization requests in 
     writing that the information not be disclosed for an 
     additional period stated in the request of that government or 
     organization. After the national security official concerned 
     considers the request of the foreign government or 
     international organization, the official shall designate a 
     later date as the date after which the information is not to 
     be withheld under this section. The later date may be 
     extended in accordance with a later request of any such 
     foreign government or international organization under this 
     paragraph.

[[Page 14549]]

       ``(e) Information Protected Under Other Authority.--This 
     section does not apply to information or matters that are 
     specifically required in the interest of national defense or 
     foreign policy to be protected against unauthorized 
     disclosure under criteria established by an Executive order 
     and are classified, properly, at the confidential, secret, or 
     top secret level pursuant to such Executive order.
       ``(f) Disclosures Not Affected.--Nothing in this section 
     shall be construed to authorize any official to withhold, or 
     to authorize the withholding of, information from the 
     following:
       ``(1) Congress.
       ``(2) The Comptroller General, unless the information 
     relates to activities that the President designates as 
     foreign intelligence or counterintelligence activities.
       ``(g) Regulations.--(1) The national security officials 
     referred to in subsection (h)(1) shall each prescribe 
     regulations to carry out this section. The regulations shall 
     include criteria for making the determinations required under 
     subsection (b). The regulations may provide for controls on 
     access to and use of, and special markings and specific 
     safeguards for, a category or categories of information 
     subject to this section.
       ``(2) The regulations shall include procedures for 
     notifying and consulting with each foreign government or 
     international organization concerned about requests for 
     disclosure of information to which this section applies.
       ``(h) Definitions.--In this section:
       ``(1) The term `national security official concerned' means 
     the following:
       ``(A) The Secretary of Defense, with respect to information 
     of concern to the Department of Defense, as determined by the 
     Secretary.
       ``(B) The Secretary of Transportation, with respect to 
     information of concern to the Coast Guard, as determined by 
     the Secretary, but only while the Coast Guard is not 
     operating as a service in the Navy.
       ``(C) The Secretary of Energy, with respect to information 
     concerning the national security programs of the Department 
     of Energy, as determined by the Secretary.
       ``(2) The term `agency' has the meaning given that term in 
     section 552(f) of title 5.
       ``(3) The term `international organization' means the 
     following:
       ``(A) A public international organization designated 
     pursuant to section 1 of the International Organizations 
     Immunities Act (59 Stat. 669; 22 U.S.C. 288) as being 
     entitled to enjoy the privileges, exemptions, and immunities 
     provided in such Act.
       ``(B) A public international organization created pursuant 
     to a treaty or other international agreement as an instrument 
     through or by which two or more foreign governments engage in 
     some aspect of their conduct of international affairs.
       ``(C) An official mission, except a United States mission, 
     to a public international organization referred to in 
     subparagraph (A) or (B).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 130b the following new item:

``130c. Nondisclosure of information: certain sensitive information of 
              foreign governments and international organizations.''.

     SEC. 1045. PROTECTION OF OPERATIONAL FILES OF THE DEFENSE 
                   INTELLIGENCE AGENCY.

       (a) Authority.--Subchapter I of chapter 21 of title 10, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 426. Protection of sensitive information: operational 
       files of the Defense Intelligence Agency

       ``(a) Authority To Withhold Operational Files.--The 
     Secretary of Defense may withhold from public disclosure 
     operational files described in subsection (b) to the same 
     extent that operational files may be withheld under section 
     701 of the National Security Act of 1947 (50 U.S.C. 431), 
     subject to judicial review under the same circumstances and 
     to the same extent as is provided in subsection (f) of such 
     section.
       ``(b) Decennial Review of Exempted Operational Files.--
     Section 702 of the National Security Act of 1947 (50 U.S.C. 
     432), setting forth requirements for decennial review of 
     exemptions from public disclosure and related provisions for 
     judicial review shall apply with respect to the exemptions 
     from public disclosure that are in force under subsection 
     (a), subject to the following requirements:
       ``(1) The Secretary of Defense shall conduct the decennial 
     review under this subsection.
       ``(2) In the application of the judicial review provisions 
     under subsection (c) of such section 702--
       ``(A) the references to the Central Intelligence Agency 
     shall be deemed to refer to the Secretary of Defense; and
       ``(B) the reference in paragraph (1) of that subsection to 
     the period for the first review shall be deemed to refer to 
     the 10-year period beginning on the day after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2001.
       ``(c) Operational Files Defined.--In this section, the term 
     `operational files' has the meaning given that term in 
     section 701(b) of the National Security Act of 1947 (50 
     U.S.C. 431(b)), except that the references to elements of the 
     Central Intelligence Agency do not apply.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following:

``426. Protection of sensitive information: operational files of the 
              Defense Intelligence Agency.''.

                       Subtitle F--Other Matters

     SEC. 1051. COMMEMORATION OF THE FIFTIETH ANNIVERSARY OF THE 
                   UNIFORM CODE OF MILITARY JUSTICE.

       (a) Findings.--Congress makes the following findings:
       (1) The American military justice system predates the 
     United States itself, having had a continuous existence since 
     the enactment of the first American Articles of War by the 
     Continental Congress in 1775.
       (2) Pursuant to article I of the Constitution, which 
     explicitly empowers Congress ``To make Rules for the 
     Government and Regulation of the land and naval Forces'', 
     Congress enacted the Articles of War and an Act to Govern the 
     Navy, which were revised on several occasions between the 
     ratification of the Constitution and the end of World War II.
       (3) Dissatisfaction with the administration of military 
     justice in World War I and World War II led both to 
     significant statutory reforms in the Articles of War and to 
     the convening of a committee, under Department of Defense 
     auspices, to draft a uniform code of military justice 
     applicable to all of the Armed Forces.
       (4) The committee, chaired by Professor Edmund M. Morgan of 
     Harvard Law School, made recommendations that formed the 
     basis of bills introduced in Congress to establish such a 
     uniform code of military justice.
       (5) After lengthy hearings and debate on the congressional 
     proposals, the Uniform Code of Military Justice was enacted 
     into law on May 5, 1950, when President Harry S. Truman 
     signed the legislation.
       (6) President Truman then issued a revised Manual for 
     Courts-Martial implementing the new code, and the code became 
     effective on May 31, 1951.
       (7) One of the greatest innovations of the Uniform Code of 
     Military Justice was the establishment of a civilian court of 
     appeals within the military justice system. That court, the 
     United States Court of Military Appeals (now the United 
     States Court of Appeals for the Armed Forces), held its first 
     session on July 25, 1951.
       (8) Congress enacted major revisions of the Uniform Code of 
     Military Justice in 1968 and 1983 and, in addition, has 
     amended the code from time to time over the years as practice 
     under the code indicated a need for updating the substance or 
     procedure of the law of military justice.
       (9) The evolution of the system of military justice under 
     the Uniform Code of Military Justice may be traced in the 
     decisions of the Courts of Criminal Appeals of each of the 
     Armed Forces and the decisions of the United States Court of 
     Appeals for the Armed Forces. These courts have produced a 
     unique body of jurisprudence upon which commanders and judge 
     advocates rely in the performance of their duties.
       (10) It is altogether fitting that the fiftieth anniversary 
     of the Uniform Code of Military Justice be duly commemorated.
       (b) Commemoration.--The Congress--
       (1) requests the President to issue a proclamation 
     commemorating the fiftieth anniversary of the Uniform Code of 
     Military Justice; and
       (2) calls upon the Department of Defense, the Armed Forces, 
     and the United States Court of Appeals for the Armed Forces 
     to commemorate the occasion with ceremonies and activities 
     befitting its importance.

     SEC. 1052. TECHNICAL CORRECTIONS.

       (a) Threshold Date for Effectiveness of Agreements To Make 
     an SBP Election.--(1) Section 657(a)(1)(A) of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 668; 10 U.S.C. 1450 note) is amended by 
     striking ``August 21, 1983'' and inserting ``August 19, 
     1983''.
       (2) The amendment made by paragraph (1) shall take effect 
     as of October 5, 1999, and shall apply as if included in 
     section 657(a)(1)(A) of Public Law 106-65 on that date.
       (b) State of Incorporation of Fleet Reserve Association.--
     Sections 70102(a) and 70108(a) of title 36, United States 
     Code, are amended by striking ``Delaware'' and inserting 
     ``Pennsylvania''.

     SEC. 1053. ELIGIBILITY OF DEPENDENTS OF AMERICAN RED CROSS 
                   EMPLOYEES FOR ENROLLMENT IN DEPARTMENT OF 
                   DEFENSE DOMESTIC DEPENDENT SCHOOLS IN PUERTO 
                   RICO.

       Section 2164 of title 10, United States Code, is amended by 
     adding at the end the following:
       ``(i) American Red Cross Employee Dependents in Puerto 
     Rico.--(1) The Secretary of Defense may authorize a dependent 
     of an employee of the American Red Cross performing armed 
     forces emergency services in Puerto Rico to enroll in an 
     educational program provided by the Secretary pursuant to 
     subsection (a) in Puerto Rico.
       ``(2) In determining the dependency status of any person 
     for the purposes of paragraph (1), the Secretary shall apply 
     the same definitions as apply to the determination of such 
     status with respect to Federal employees in the 
     administration of this section.
       ``(3) The Secretary shall be paid for the educational 
     services and related items provided to a student under 
     paragraph (1). To determine the amount for educational 
     services, the Secretary shall allocate to the student a 
     share, considered appropriate by the Secretary, of the costs 
     of providing the educational program in which the student is 
     enrolled. The Secretary shall enter into such agreements or 
     take such other actions as the Secretary determines necessary 
     to ensure that the payments required under this paragraph are 
     made.''.

[[Page 14550]]



     SEC. 1054. GRANTS TO AMERICAN RED CROSS FOR ARMED FORCES 
                   EMERGENCY SERVICES.

       (a) Grants Authorized.--The Secretary of Defense may, 
     subject to subsection (b), make a grant to the American Red 
     Cross of up to $9,400,000 in each of fiscal years 2001, 2002, 
     and 2003 for the support of the Armed Forces Emergency 
     Services program of the American Red Cross.
       (b) Matching Requirement.--A grant may not be made for a 
     fiscal year under subsection (a) until the Secretary receives 
     from the American Red Cross a certification providing 
     assurances satisfactory to the Secretary that the American 
     Red Cross will expend for the Armed Forces Emergency Services 
     program for that fiscal year funds, derived from sources 
     other than the Federal Government, in a total amount that 
     equals or exceeds the amount of the grant.
       (c) Funding.--Of the amount authorized to be appropriated 
     by section 301 for operation and maintenance for Defense-wide 
     activities, $9,400,000 shall be available for grants made 
     under this section.

     SEC. 1055. TRANSIT PASS PROGRAM FOR CERTAIN DEPARTMENT OF 
                   DEFENSE PERSONNEL.

       (a) Establishment of Program.--To encourage Department of 
     Defense personnel in areas described in subsection (b) to use 
     means other than single-occupancy motor vehicles to commute 
     to or from work, the Secretary of Defense shall exercise the 
     authority provided in section 7905 of title 5, United States 
     Code, to establish a program to provide the personnel in such 
     areas with a transit pass benefit under subsection (b)(2)(A) 
     of such section.
       (b) Covered Areas.--The Secretary shall establish the 
     program required by subsection (a) in the areas which do not 
     meet the revised national ambient air quality standards under 
     section 109 of the Clean Air Act (42 U.S.C. 7409).
       (c) Time for Implementation.--The Secretary shall prescribe 
     the effective date for the program required under subsection 
     (a). The effective date so prescribed may not be later than 
     the first day of the first month that begins on or after the 
     date that is 180 days after the date of the enactment of this 
     Act.

     SEC. 1056. FEES FOR PROVIDING HISTORICAL INFORMATION TO THE 
                   PUBLIC.

       (a) Army.--(1) Chapter 437 of title 10, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 4595. Army Military History Institute: fee for 
       providing historical information to the public

       ``(a) Authority.--Except as provided in subsection (b), the 
     Secretary of the Army may charge a person a fee for providing 
     the person with information from the United States Army 
     Military History Institute that is requested by that person.
       ``(b) Exceptions.--A fee may not be charged under this 
     section--
       ``(1) to a person for information that the person requests 
     to carry out a duty as a member of the armed forces or an 
     officer or employee of the United States; or
       ``(2) for a release of information under section 552 of 
     title 5.
       ``(c) Limitation on Amount.--A fee charged for providing 
     information under this section may not exceed the cost of 
     providing the information.
       ``(d) Retention of Fees.--Amounts received under subsection 
     (a) for providing information in any fiscal year shall be 
     credited to the appropriation or appropriations charged the 
     costs of providing information to the public from the United 
     States Army Military History Institute during that fiscal 
     year.
       ``(e) Definitions.--In this section:
       ``(1) The term `United States Army Military History 
     Institute' means the archive for historical records and 
     materials of the Army that the Secretary of the Army 
     designates as the primary archive for such records and 
     materials.
       ``(2) The terms `officer of the United States' and 
     `employee of the United States' have the meanings given the 
     terms `officer' and `employee', respectively, in sections 
     2104 and 2105, respectively, of title 5.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following:

``4595. Army Military History Institute: fee for providing historical 
              information to the public.''.

       (b) Navy.--(1) Chapter 649 of such title 10 is amended by 
     adding at the end the following new section:

     ``Sec. 7582. Naval and Marine Corps Historical Centers: fee 
       for providing historical information to the public

       ``(a) Authority.--Except as provided in subsection (b), the 
     Secretary of the Navy may charge a person a fee for providing 
     the person with information from the United States Naval 
     Historical Center or the Marine Corps Historical Center that 
     is requested by that person.
       ``(b) Exceptions.--A fee may not be charged under this 
     section--
       ``(1) to a person for information that the person requests 
     to carry out a duty as a member of the armed forces or an 
     officer or employee of the United States; or
       ``(2) for a release of information under section 552 of 
     title 5.
       ``(c) Limitation on Amount.--A fee charged for providing 
     information under this section may not exceed the cost of 
     providing the information.
       ``(d) Retention of Fees.--Amounts received under subsection 
     (a) for providing information from the United States Naval 
     Historical Center or the Marine Corps Historical Center in 
     any fiscal year shall be credited to the appropriation or 
     appropriations charged the costs of providing information to 
     the public from that historical center during that fiscal 
     year.
       ``(e) Definitions.--In this section:
       ``(1) The term `United States Naval Historical Center' 
     means the archive for historical records and materials of the 
     Navy that the Secretary of the Navy designates as the primary 
     archive for such records and materials.
       ``(2) The term `Marine Corps Historical Center' means the 
     archive for historical records and materials of the Marine 
     Corps that the Secretary of the Navy designates as the 
     primary archive for such records and materials.
       ``(3) The terms `officer of the United States' and 
     `employee of the United States' have the meanings given the 
     terms `officer' and `employee', respectively, in sections 
     2104 and 2105, respectively, of title 5.''.
       (2) The heading of such chapter is amended by striking 
     ``RELATED''.
       (3)(A) The table of sections at the beginning of such 
     chapter is amended by adding at the end the following new 
     item:

``7582. Naval and Marine Corps Historical Centers: fee for providing 
              historical information to the public.''.

       (B) The item relating to such chapter in the tables of 
     chapters at the beginning of subtitle C of title 10, United 
     States Code, and the beginning of part IV of such subtitle is 
     amended by striking out ``Related''.
       (c) Air Force.--(1) Chapter 937 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 9594. Air Force Military History Institute: fee for 
       providing historical information to the public

       ``(a) Authority.--Except as provided in subsection (b), the 
     Secretary of the Air Force may charge a person a fee for 
     providing the person with information from the United States 
     Air Force Military History Institute that is requested by 
     that person.
       ``(b) Exceptions.--A fee may not be charged under this 
     section--
       ``(1) to a person for information that the person requests 
     to carry out a duty as a member of the armed forces or an 
     officer or employee of the United States; or
       ``(2) for a release of information under section 552 of 
     title 5.
       ``(c) Limitation on Amount.--A fee charged for providing 
     information under this section may not exceed the cost of 
     providing the information.
       ``(d) Retention of Fees.--Amounts received under subsection 
     (a) for providing information in any fiscal year shall be 
     credited to the appropriation or appropriations charged the 
     costs of providing information to the public from the United 
     States Air Force Military History Institute during that 
     fiscal year.
       ``(e) Definitions.--In this section:
       ``(1) The term `United States Air Force Military History 
     Institute' means the archive for historical records and 
     materials of the Air Force that the Secretary of the Air 
     Force designates as the primary archive for such records and 
     materials.
       ``(2) The terms `officer of the United States' and 
     `employee of the United States' have the meanings given the 
     terms `officer' and `employee', respectively, in sections 
     2104 and 2105, respectively, of title 5.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``9594. Air Force Military History Institute: fee for providing 
              historical information to the public.''.

     SEC. 1057. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

       (a) Conditions for Availability of Information.--Subsection 
     (b) of section 9101 of title 5, United States Code, is 
     amended--
       (1) by striking paragraph (3);
       (2) by redesignating paragraph (2) as paragraph (4);
       (3) in paragraph (1)--
       (A) in the first sentence--
       (i) by inserting ``the Department of Transportation,'' 
     after ``the Department of State,''; and
       (ii) by inserting ``the following:'' after ``eligibility 
     for''; and
       (B) by striking ``(A) access to classified information'' 
     and all that follows through the end of the paragraph and 
     inserting the following:
       ``(A) Access to classified information.
       ``(B) Assignment to or retention in sensitive national 
     security duties.
       ``(C) Acceptance or retention in the armed forces.
       ``(D) Appointment, retention, or assignment to a position 
     of public trust or a critical or sensitive position while 
     either employed by the Federal Government or performing a 
     Federal Government contract.
       ``(2) If the criminal justice agency possesses the 
     capability to provide automated criminal history record 
     information based on a search of its records by name and 
     other common identifiers, the agency shall provide the 
     requester with full criminal history record information for 
     individuals who meet the matching criteria.
       ``(3) Fees, if any, charged for providing criminal history 
     record information pursuant to this subsection may not exceed 
     the reasonable cost of

[[Page 14551]]

     providing such information through an automated name 
     search.''; and
       (4) by adding at the end the following:
       ``(5) A criminal justice agency may not require, as a 
     condition for the release of criminal history record 
     information under this subsection, that any official of a 
     department or agency named in paragraph (1) enter into an 
     agreement with a State or local government to indemnify and 
     hold harmless the State or locality for damages, costs, or 
     other monetary loss arising from the disclosure or use by 
     that department or agency of criminal history record 
     information obtained from the State or local government 
     pursuant to this subsection.''.
       (b) Use of Automated Information Delivery Systems.--Such 
     section is further amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) Automated information delivery systems shall be 
     used to provide criminal history record information a 
     department or agency under subsection (b) whenever available.
       ``(2) Fees, if any, charged for automated access through 
     such systems may not exceed the reasonable cost of providing 
     such access.
       ``(3) The criminal justice agency providing the criminal 
     history record information through such systems may not limit 
     disclosure on the basis that the repository is accessed from 
     outside the State.
       ``(4) Information provided through such systems shall be 
     the full and complete criminal history record.
       ``(5) Criminal justice agencies shall accept and respond to 
     requests for criminal history record information through such 
     systems with printed or photocopied records when 
     requested.''.

     SEC. 1058. SENSE OF CONGRESS ON THE NAMING OF THE CVN-77 
                   AIRCRAFT CARRIER.

       (a) Findings.--Congress makes the following findings:
       (1) Over the last three decades Congress has authorized and 
     appropriated funds for a total of 10 ``NIMITZ'' class 
     aircraft carriers.
       (2) The last vessel in the ``NIMITZ'' class of aircraft 
     carriers, CVN-77, is currently under construction and will be 
     delivered in 2008.
       (3) The first nine vessels in this class bear the following 
     proud names:
       (A) U.S.S. Nimitz (CVN-68).
       (B) U.S.S. Dwight D. Eisenhower (CVN-69).
       (C) U.S.S. Carl Vinson (CVN-70).
       (D) U.S.S. Theodore Roosevelt (CVN-71).
       (E) U.S.S. Abraham Lincoln (CVN-72).
       (F) U.S.S. George Washington (CVN-73).
       (G) U.S.S. John C. Stennis (CVN-74).
       (H) U.S.S. Harry S. Truman (CVN-75).
       (I) U.S.S. Ronald Reagan (CVN-76).
       (4) It is appropriate for Congress to recommend to the 
     President, as Commander in Chief of the Armed Forces, an 
     appropriate name for the final vessel in the ``NIMITZ'' class 
     of aircraft carriers.
       (5) Over the last 25 years the vessels in the ``NIMITZ'' 
     class of aircraft carriers have served as one of the 
     principal means of United States diplomacy and as one of the 
     principal means for the defense of the United States and our 
     allies around the world.
       (6) The name bestowed upon aircraft carrier CVN-77 should 
     embody the American spirit and provide a lasting symbol of 
     the American commitment to freedom.
       (7) The name ``Lexington' has been a symbol of freedom from 
     the first battle of the American Revolution.
       (8) The two aircraft carriers previously named U.S.S. 
     Lexington (the CV-2 and the CV-16) served our Nation for 64 
     years, served in World War II, and earned 13 battle stars.
       (9) One of those honored vessels, the CV-2, was lost after 
     having given gallant fight at the Battle of Coral Sea in 
     1942.
       (b) Sense of Congress.--It is the sense of Congress that 
     the CVN-77 aircraft carrier should be named the ``U.S.S. 
     Lexington''--
       (1) in order to honor the men and women who served in the 
     Armed Forces of the United States during World War II, and 
     the incalculable number of United States citizens on the home 
     front during that war, who mobilized in the name of freedom, 
     and who are today respectfully referred to as the ``Greatest 
     Generation''; and
       (2) as a special tribute to the 16,000,000 veterans of the 
     Armed Forces who served on land, sea, and air during World 
     War II (of whom less than 6,000,000 remain alive today) and a 
     lasting symbol of their commitment to freedom as they pass on 
     having proudly taken their place in history.

     SEC. 1059. DONATION OF CIVIL WAR CANNON.

       (a) Authority.--The Secretary of the Army shall convey all 
     right, title, and interest of the United States in and to the 
     Civil War era cannon described in subsection (b) to the 
     Edward Dorr Tracey, Jr. Camp 18 of the Sons of the 
     Confederate Veterans.
       (b) Property To Be Conveyed.--The cannon referred to in 
     subsection (a) is a 12-pounder Napoleon cannon bearing the 
     following markings:
       (1) On the top: ``CS''.
       (2) On the face of the muzzle: ``Macon Arsenal, 1864/No.41/
     1164 ET''.
       (3) On the right trunnion: ``Macon Arsenal GEO/1864/No.41/
     WT.1164/E.T.''.
       (c) Consideration.--No consideration may be required by the 
     Secretary for the conveyance of the cannon under this 
     section.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (e) Relationship to Other Law.--The conveyance required 
     under this section may be carried out without regard to the 
     Act entitled ``An Act for the preservation of American 
     antiquities'', approved June 8, 1906 (34 Stat. 225; 16 U.S.C. 
     431 et seq.), popularly referred to as the ``Antiquities Act 
     of 1906''.

     SEC. 1060. MAXIMUM SIZE OF PARCEL POST PACKAGES TRANSPORTED 
                   OVERSEAS FOR ARMED FORCES POST OFFICES.

       Section 3401(b) of title 39, United States Code, is amended 
     by striking ``100 inches in length and girth combined'' in 
     paragraphs (2) and (3) and inserting ``the maximum size 
     allowed by the Postal Service for fourth class parcel post 
     (known as `Standard Mail (B)' ''.

     SEC. 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 of 
     Representatives.
       (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 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

[[Page 14552]]

       (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).

     SEC. 1062. 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.

     SEC. 1063. IMPROVING PROPERTY MANAGEMENT.

       (a) In General.--Section 203(p)(1)(B)(ii) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     484(p)(1)(B)(ii)) is amended by striking ``July 31, 2000'' 
     and inserting ``December 31, 2002''.
       (b) Conforming Amendment.--Section 233 of Appendix E of 
     Public Law 106-113 (113 Stat. 1501A-301) is repealed.

     SEC. 1064. 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.

     SEC. 1065. DEPARTMENT OF DEFENSE PROCESS FOR DECISIONMAKING 
                   IN CASES OF FALSE CLAIMS.

       Not later than February 1, 2001, the Secretary of Defense 
     shall submit to Congress a report describing the policies and 
     procedures for Department of Defense decisionmaking on issues 
     arising under sections 3729 through 3733 of title 31, United 
     States Code, in cases of claims submitted to the Department 
     of Defense that are suspected or alleged to be false. The 
     report shall include a discussion of any changes that have 
     been made in the policies and procedures since January 1, 
     2000.

     SEC. 1066. SENSE OF THE SENATE CONCERNING LONG-TERM ECONOMIC 
                   DEVELOPMENT AID FOR COMMUNITIES REBUILDING FROM 
                   HURRICANE FLOYD.

       (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;
       (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

[[Page 14553]]

     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.

     SEC. 1067. AUTHORITY TO PROVIDE HEADSTONES OR MARKERS FOR 
                   MARKED GRAVES OR OTHERWISE COMMEMORATE CERTAIN 
                   INDIVIDUALS.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) in subsections (a) and (e)(1), by striking ``the 
     unmarked graves of''; and
       (2) by adding at the end the following:
       ``(f) A headstone or marker furnished under subsection (a) 
     shall be furnished, upon request, for the marked grave or 
     unmarked grave of the individual or at another area 
     appropriate for the purpose of commemorating the 
     individual.''.
       (b) Applicability.--(1) Except as provided in paragraph 
     (2), the amendment to subsection (a) of section 2306 of title 
     38, United States Code, made by subsection (a) of this 
     section, and subsection (f) of such section 2306, as added by 
     subsection (a) of this section, shall apply with respect to 
     burials occurring before, on, or after the date of the 
     enactment of this Act.
       (2) The amendments referred to in paragraph (1) shall not 
     apply in the case of the grave for any individual who died 
     before November 1, 1990, for which the Administrator of 
     Veterans' Affairs provided reimbursement in lieu of 
     furnishing a headstone or marker under subsection (d) of 
     section 906 of title 38, United States Code, as such 
     subsection was in effect after September 30, 1978, and before 
     November 1, 1990.

     SEC. 1068. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall select 10 
     jurisdictions with laws classifying certain types of offenses 
     as relevant offenses and 10 jurisdictions without such laws 
     from which to collect the data described in subparagraph (C) 
     over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2001, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2001 and 2002 to carry out this section.

     SEC. 1069. 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).''.

     SEC. 1070. SENSE OF THE SENATE ON THE MODERNIZATION OF AIR 
                   NATIONAL GUARD F-16A UNITS.

       (a) Findings.--Congress finds that:
       (1) Certain United States Air Force Air National Guard 
     fighter units are flying some of the world's oldest and least 
     capable F-16A aircraft

[[Page 14554]]

     which are approaching the end of their service lives.
       (2) 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.
       (3) 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 the Air Force should, by 
     February 1, 2001, provide the Congress with a plan to 
     modernize and upgrade the combat capabilities of those Air 
     National Guard units that are now flying F-16As so they can 
     deploy as part of Air Expeditionary Forces and assist in 
     relieving the high operations tempo of active duty units.

     SEC. 1071. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN 
                   COMMERCIAL ACTIVITIES AS SECURITY FOR 
                   INTELLIGENCE COLLECTION ACTIVITIES.

       Section 431(a) of title 10, United States Code, is amended 
     in the second sentence by striking ``December 31, 2000'' and 
     inserting ``December 31, 2002''.

     SEC. 1072. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.

       The Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2201 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.

       ``(a) Definition of Firefighting Personnel.--In this 
     section, the term `firefighting personnel' means individuals, 
     including volunteers, who are firefighters, officers of fire 
     departments, or emergency medical service personnel of fire 
     departments.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Director may--
       ``(A) make grants on a competitive basis to fire 
     departments for the purpose of protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards; and
       ``(B) provide assistance for fire prevention programs in 
     accordance with paragraph (4).
       ``(2) Establishment of office for administration of 
     assistance.--Before providing assistance under paragraph (1), 
     the Director shall establish an office in the Federal 
     Emergency Management Agency that shall have the duties of 
     establishing specific criteria for the selection of 
     recipients of the assistance, and administering the 
     assistance, under this section.
       ``(3) Use of fire department grant funds.--The Director may 
     make a grant under paragraph (1)(A) only if the applicant for 
     the grant agrees to use the grant funds--
       ``(A) to hire additional firefighting personnel;
       ``(B) to train firefighting personnel in firefighting, 
     emergency response, arson prevention and detection, or the 
     handling of hazardous materials, or to train firefighting 
     personnel to provide any of the training described in this 
     subparagraph;
       ``(C) to fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies;
       ``(D) to certify fire inspectors;
       ``(E) to establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel can carry out their duties;
       ``(F) to fund emergency medical services provided by fire 
     departments;
       ``(G) to acquire additional firefighting vehicles, 
     including fire trucks;
       ``(H) to acquire additional firefighting equipment, 
     including equipment for communications and monitoring;
       ``(I) to acquire personal protective equipment required for 
     firefighting personnel by the Occupational Safety and Health 
     Administration, and other personal protective equipment for 
     firefighting personnel;
       ``(J) to modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel;
       ``(K) to enforce fire codes;
       ``(L) to fund fire prevention programs; or
       ``(M) to educate the public about arson prevention and 
     detection.
       ``(4) Fire prevention programs.--
       ``(A) In general.--For each fiscal year, the Director shall 
     use not less than 10 percent of the funds made available 
     under subsection (c)--
       ``(i) to make grants to fire departments for the purpose 
     described in paragraph (3)(L); and
       ``(ii) to make grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, or 
     community organizations that are recognized for their 
     experience and expertise with respect to fire prevention or 
     fire safety programs and activities, for the purpose of 
     carrying out fire prevention programs.
       ``(B) Priority.--In selecting organizations described in 
     subparagraph (A)(ii) to receive assistance under this 
     paragraph, the Director shall give priority to organizations 
     that focus on prevention of injuries to children from fire.
       ``(5) Application.--The Director may provide assistance to 
     a fire department or organization under this subsection only 
     if the fire department or organization seeking the assistance 
     submits to the Director an application in such form and 
     containing such information as the Director may require.
       ``(6) Matching requirement.--The Director may provide 
     assistance under this subsection only if the applicant for 
     the assistance agrees to match with an equal amount of non-
     Federal funds 10 percent of the assistance received under 
     this subsection for any fiscal year.
       ``(7) Maintenance of expenditures--The Director may provide 
     assistance under this subsection only if the applicant for 
     the assistance agrees to maintain in the fiscal year for 
     which the assistance will be received the applicant's 
     aggregate expenditures for the uses described in paragraph 
     (3) or (4) at or above the average level of such expenditures 
     in the 2 fiscal years preceding the fiscal year for which the 
     assistance will be received.
       ``(8) Report to the director.--The Director may provide 
     assistance under this subsection only if the applicant for 
     the assistance agrees to submit to the Director a report, 
     including a description of how the assistance was used, with 
     respect to each fiscal year for which the assistance was 
     received.
       ``(9) Variety of fire department grant recipients.--The 
     Director shall ensure that grants under paragraph (1)(A) for 
     a fiscal year are made to a variety of fire departments, 
     including, to the extent that there are eligible applicants--
       ``(A) paid, volunteer, and combination fire departments;
       ``(B) fire departments located in communities of varying 
     sizes; and
       ``(C) fire departments located in urban, suburban, and 
     rural communities.
       ``(10) Limitation on expenditures for firefighting 
     vehicles.--The Director shall ensure that not more than 25 
     percent of the assistance made available under this 
     subsection for a fiscal year is used for the use described in 
     paragraph (3)(G).
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Director--
       ``(A) $100,000,000 for fiscal year 2001;
       ``(B) $200,000,000 for fiscal year 2002;
       ``(C) $400,000,000 for fiscal year 2003;
       ``(D) $600,000,000 for fiscal year 2004;
       ``(E) $800,000,000 for fiscal year 2005; and
       ``(F) $1,000,000,000 for fiscal year 2006.
       ``(2) Limitation on administrative costs.--Of the amounts 
     made available under paragraph (1) for a fiscal year, the 
     Director may use not more than 10 percent for the 
     administrative costs of carrying out this section.''.

     SEC. 1073. BREAST CANCER STAMP EXTENSION.

       Section 414(g) of title 39, United States Code, is amended 
     by striking ``2-year'' and inserting ``4-year''.

     SEC. 1074. PERSONNEL SECURITY POLICIES.

       No officer or employee of the Department of Defense or any 
     contractor thereof, and no member of the Armed Forces shall 
     be granted a security clearance if that person--
       (1) has been convicted in any court within the United 
     States of a crime and sentenced to imprisonment for a term 
     exceeding 1 year;
       (2) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act);
       (3) is currently mentally incompetent; or
       (4) has been discharged from the Armed Forces under 
     dishonorable conditions.

     SEC. 1075. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS 
                   OF MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES 
                   AND ENTITIES OF CONCERN.

       Section 1402(b) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is 
     amended by adding at the end the following:
       ``(4) The status of the implementation or other disposition 
     of recommendations included in reports of audits by 
     Inspectors General that have been set forth in previous 
     annual reports under this section.''.

     SEC. 1076. NATIONAL SECURITY IMPLICATIONS OF UNITED STATES-
                   CHINA TRADE RELATIONSHIP.

       (a) In General.--
       (1) Name of commission.--Section 127(c)(1) of the Trade 
     Deficit Review Commission Act (19 U.S.C. 2213 note) is 
     amended by striking ``Trade Deficit Review Commission'' and 
     inserting ``United States-China Security Review Commission''.
       (2) Qualifications of members.--Section 127(c)(3)(B)(i)(I) 
     of such Act (19 U.S.C. 2213 note) is amended by inserting 
     ``national security matters and United States-China 
     relations,'' after ``expertise in''.
       (3) Period of appointment.--Section 127(c)(3)(A) of such 
     Act (19 U.S.C. 2213 note) is amended to read as follows:
       ``(A) In general.--
       ``(i) Appointment beginning with 107th congress.--Beginning 
     with the 107th Congress and each new Congress thereafter, 
     members shall be appointed not later than 30 days after the 
     date on which Congress convenes. Members may be reappointed 
     for additional terms of service.
       ``(ii) Transition.--Members serving on the Commission shall 
     continue to serve until such time as new members are 
     appointed.''.
       (b) Purpose.--Section 127(k) of the Trade Deficit Review 
     Commission Act (19 U.S.C. 2213 note) is amended to read as 
     follows:
       ``(k) United States-China National Security Implications.--
       ``(1) In general.--Upon submission of the report described 
     in subsection (e), the Commission shall--
       ``(A) wind up the functions of the Trade Deficit Review 
     Commission; and
       ``(B) monitor, investigate, and report to Congress on the 
     national security implications of the bilateral trade and 
     economic relationship between the United States and the 
     People's Republic of China.
       ``(2) Annual report.--Not later than March 1, 2002, and 
     annually thereafter, the Commission shall submit a report to 
     Congress, in both

[[Page 14555]]

     unclassified and classified form, regarding the national 
     security implications and impact of the bilateral trade and 
     economic relationship between the United States and the 
     People's Republic of China. The report shall include a full 
     analysis, along with conclusions and recommendations for 
     legislative and administrative actions, of the national 
     security implications for the United States of the trade and 
     current balances with the People's Republic of China in goods 
     and services, financial transactions, and technology 
     transfers. The Commission shall also take into account 
     patterns of trade and transfers through third countries to 
     the extent practicable.
       ``(3) Contents of report.--The report described in 
     paragraph (2) shall include, at a minimum, a full discussion 
     of the following:
       ``(A) The portion of trade in goods and services with the 
     United States that the People's Republic of China dedicates 
     to military systems or systems of a dual nature that could be 
     used for military purposes.
       ``(B) The acquisition by the Government of the People's 
     Republic of China and entities controlled by the Government 
     of advanced military technologies through United States trade 
     and technology transfers.
       ``(C) Any transfers, other than those identified under 
     subparagraph (B), to the military systems of the People's 
     Republic of China made by United States firms and United 
     States-based multinational corporations.
       ``(D) An analysis of the statements and writing of the 
     People's Republic of China officials and officially-
     sanctioned writings that bear on the intentions of the 
     Government of the People's Republic of China regarding the 
     pursuit of military competition with, and leverage over, the 
     United States and the Asian allies of the United States.
       ``(E) The military actions taken by the Government of the 
     People's Republic of China during the preceding year that 
     bear on the national security of the United States and the 
     regional stability of the Asian allies of the United States.
       ``(F) The effects to the national security interests of the 
     United States of the use by the People's Republic of China of 
     financial transactions, capital flow, and currency 
     manipulations.
       ``(G) Any action taken by the Government of the People's 
     Republic of China in the context of the World Trade 
     Organization that is adverse to the United States national 
     security interests.
       ``(H) Patterns of trade and investment between the People's 
     Republic of China and its major trading partners, other than 
     the United States, that appear to be substantively different 
     from trade and investment patterns with the United States and 
     whether the differences constitute a security problem for the 
     United States.
       ``(I) The extent to which the trade surplus of the People's 
     Republic of China with the United States enhances the 
     military budget of the People's Republic of China.
       ``(J) An overall assessment of the state of the security 
     challenges presented by the People's Republic of China to the 
     United States and whether the security challenges are 
     increasing or decreasing from previous years.
       ``(4) Recommendations of report.--The report described in 
     paragraph (2) shall include recommendations for action by 
     Congress or the President, or both, including specific 
     recommendations for the United States to invoke Article XXI 
     (relating to security exceptions) of the General Agreement on 
     Tariffs and Trade 1994 with respect to the People's Republic 
     of China, as a result of any adverse impact on the national 
     security interests of the United States.''.
       (c) Conforming Amendments.--
       (1) Hearings.--Section 127(f)(1) of such Act (19 U.S.C. 
     2213 note) is amended to read as follows:
       ``(1) Hearings.--
       ``(A) In general.--The Commission or, at its direction, any 
     panel or member of the Commission, may for the purpose of 
     carrying out the provisions of this Act, hold hearings, sit 
     and act at times and places, take testimony, receive 
     evidence, and administer oaths to the extent that the 
     Commission or any panel or member considers advisable.
       ``(B) Information.--The Commission may secure directly from 
     the Department of Defense, the Central Intelligence Agency, 
     and any other Federal department or agency information that 
     the Commission considers necessary to enable the Commission 
     to carry out its responsibilities under this Act, except the 
     provision of intelligence information to the Commission shall 
     be made with due regard for the protection from unauthorized 
     disclosure of classified information relating to sensitive 
     intelligence sources and methods or other exceptionally 
     sensitive matters, under procedures approved by the Director 
     of Central Intelligence.
       ``(C) Security.--The Office of Senate Security shall--
       ``(i) provide classified storage and meeting and hearing 
     spaces, when necessary, for the Commission; and
       ``(ii) assist members and staff of the Commission in 
     obtaining security clearances.
       ``(D) Security clearances.--All members of the Commission 
     and appropriate staff shall be sworn and hold appropriate 
     security clearances.''.
       (2) Chairman.--
       (A) Section 127(c)(6) of such Act (19 U.S.C. 2213 note) is 
     amended by striking ``Chairperson'' and inserting 
     ``Chairman''.
       (B) Section 127(g) of such Act (19 U.S.C. 2213 note) is 
     amended by striking ``Chairperson'' each place it appears and 
     inserting ``Chairman''.
       (3) Chairman and vice chairman.--Section 127(c)(7) of such 
     Act (19 U.S.C. 2213 note) is amended--
       (A) by striking ``Chairperson and vice chairperson'' in the 
     heading and inserting ``Chairman and vice chairman'';
       (B) by striking ``chairperson'' and ``vice chairperson'' in 
     the text and inserting ``Chairman'' and ``Vice Chairman''; 
     and
       (C) by inserting ``at the beginning of each new Congress'' 
     before the end period.
       (d) Appropriations.--Section 127(i) of such Act (19 U.S.C. 
     2213 note) is amended to read as follows:
       ``(i) Authorization.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Commission for fiscal year 2001, and each fiscal year 
     thereafter, such sums as may be necessary to enable it to 
     carry out its functions. Appropriations to the Commission are 
     authorized to remain available until expended. Unobligated 
     balances of appropriations made to the Trade Deficit Review 
     Commission before the effective date of this subsection shall 
     remain available to the Commission on and after such date.
       ``(2) Foreign travel for official purposes.--Foreign travel 
     for official purposes by members and staff of the Commission 
     may be authorized by either the Chairman or the Vice 
     Chairman.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the 107th Congress.

     SEC. 1077. SECRECY POLICIES AND WORKER HEALTH.

       (a) Review of Secrecy Policies.--The Secretary of Defense 
     in consultation with the Secretary of Energy shall review 
     classification and security policies and, within appropriate 
     national security constraints, ensure that such policies do 
     not prevent or discourage employees at former nuclear weapons 
     facilities who may have been exposed to radioactive or other 
     hazardous substances associated with nuclear weapons from 
     discussing such exposures with appropriate health care 
     providers and with other appropriate officials. The policies 
     reviewed should include the policy to neither confirm nor 
     deny the presence of nuclear weapons as it is applied to 
     former United States nuclear weapons facilities that no 
     longer contain nuclear weapons or materials.
       (b) Notification of Affected Employees.--(1) The Secretary 
     of Defense in consultation with the Secretary of Energy shall 
     seek to identify individuals who are or were employed at 
     Department of Defense sites that no longer store, assemble, 
     disassemble, or maintain nuclear weapons.
       (2) Upon determination that such employees may have been 
     exposed to radioactive or hazardous substances associated 
     with nuclear weapons at such sites, such employees shall be 
     notified of any such exposures to radiation, or hazardous 
     substances associated with nuclear weapons.
       (3) Such notification shall include an explanation of how 
     such employees can discuss any such exposures with health 
     care providers who do not possess security clearances without 
     violating security or classification procedures or, if 
     necessary, provide guidance to facilitate the ability of such 
     individuals to contact health care providers with appropriate 
     security clearances or discuss such exposures with other 
     officials who are determined by the Secretary of Defense to 
     be appropriate.
       (c) The Secretary of Defense in consultation with the 
     Secretary of Energy shall, no later than May 1, 2001, submit 
     a report to the Congressional Defense Committees setting 
     forth--
       (1) the results of the review in paragraph (a) including 
     any changes made or recommendations for legislation; and
       (2) the status of the notification in paragraph (b) and an 
     anticipated date on which such notification will be 
     completed.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

     SEC. 1101. COMPUTER/ELECTRONIC ACCOMMODATIONS PROGRAM.

       (a) Authority To Expand Program.--(1) Chapter 81 of title 
     10, United States Code, is amended by inserting after section 
     1581 the following:

     ``Sec. 1582. Assistive technology, assistive technology 
       devices, and assistive technology services

       ``(a) Authority.--The Secretary of Defense may provide 
     assistive technology, assistive technology devices, and 
     assistive technology services to the following:
       ``(1) Department of Defense employees with disabilities.
       ``(2) Organizations within the department that have 
     requirements to make programs or facilities accessible to and 
     usable by persons with disabilities.
       ``(3) Any other department or agency of the Federal 
     Government, upon the request of the head of that department 
     or agency, for its employees with disabilities or for 
     satisfying a requirement to make its programs or facilities 
     accessible to and usable by persons with disabilities.
       ``(b) Definitions.--In this section, the terms `assistive 
     technology', `assistive technology device', `assistive 
     technology service', and `disability' have the meanings given 
     the terms in section 3 of the Assistive Technology Act of 
     1998 (29 U.S.C. 3002).''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1581 the following:


[[Page 14556]]


``1582. Assistive technology, assistive technology devices, and 
              assistive technology services.''.

       (b) Funding.--Of the amount authorized to be appropriated 
     under section 301(5) for operation and maintenance for 
     Defense-wide activities, not more than $2,000,000 is 
     available for the purpose of expanding and administering the 
     Computer/Electronic Accommodation Program of the Department 
     of Defense to provide under section 1582 of title 10, United 
     States Code (as added by subsection (a)), the technology, 
     devices, and services described in that section.

     SEC. 1102. ADDITIONAL SPECIAL PAY FOR FOREIGN LANGUAGE 
                   PROFICIENCY BENEFICIAL FOR UNITED STATES 
                   NATIONAL SECURITY INTERESTS.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by inserting after section 1596 the 
     following new section:

     ``Sec. 1596a. Foreign language proficiency: special pay for 
       proficiency beneficial for other national security 
       interests

       ``(a) Authority.--The Secretary of Defense may pay special 
     pay under this section to an employee of the Department of 
     Defense who--
       ``(1) has been certified by the Secretary to be proficient 
     in a foreign language identified by the Secretary as being a 
     language in which proficiency by civilian personnel of the 
     department is necessary because of national security 
     interests;
       ``(2) is assigned duties requiring proficiency in that 
     foreign language; and
       ``(3) is not receiving special pay under section 1596 of 
     this title.
       ``(b) Rate.--The rate of special pay for an employee under 
     this section shall be prescribed by the Secretary, but may 
     not exceed five percent of the employee's rate of basic pay.
       ``(c) Relationship to Other Pay and Allowances.--Special 
     pay under this section is in addition to any other pay or 
     allowances to which the employee is entitled.
       ``(d) Regulations.--The Secretary of Defense shall 
     prescribe regulations to carry out this section.''.
       (b) Amendment To Distinguish Other Foreign Language 
     Proficiency Special Pay.--The heading for section 1596 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 1596. Foreign language proficiency: special pay for 
       proficiency beneficial for intelligence interests''.

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by striking 
     the item relating to section 1596 and inserting the 
     following:

``1596. Foreign language proficiency: special pay for proficiency 
              beneficial for intelligence interests.
``1596a. Foreign language proficiency: special pay for proficiency 
              beneficial for other national security interests.''.

     SEC. 1103. INCREASED NUMBER OF POSITIONS AUTHORIZED FOR THE 
                   DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.

       Section 1606(a) of title 10, United States Code, is amended 
     by striking ``492'' and inserting ``517''.

     SEC. 1104. EXTENSION OF AUTHORITY FOR TUITION REIMBURSEMENT 
                   AND TRAINING FOR CIVILIAN EMPLOYEES IN THE 
                   DEFENSE ACQUISITION WORKFORCE.

       Section 1745(a) of title 10, United States Code, is amended 
     by striking ``September 30, 2001'' in the second sentence and 
     inserting ``September 30, 2010''.

     SEC. 1105. WORK SAFETY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary of Defense shall carry 
     out a defense employees work safety demonstration program.
       (b) Private Sector Work Safety Models.--Under the 
     demonstration program, the Secretary shall--
       (1) adopt for use in the workplace of employees of the 
     Department of Defense such work safety models used by 
     employers in the private sector that the Secretary considers 
     as being representative of the best work safety practices in 
     use by private sector employers; and
       (2) determine whether the use of those practices in the 
     Department of Defense improves the work safety record of 
     Department of Defense employees.
       (c) Sites.--(1) The Secretary shall carry out the 
     demonstration program--
       (A) at not fewer than two installations of each of the 
     Armed Forces (other than the Coast Guard), for employees of 
     the military department concerned; and
       (B) in at least two Defense Agencies (as defined in section 
     101(a)(11) of title 10, United States Code).
       (2) The Secretary shall select the installations and 
     Defense Agencies from among the installations and Defense 
     Agencies listed in the Federal Worker 2000 Presidential 
     Initiative.
       (d) Period for Program.--The demonstration program shall 
     begin not later than 180 days after the date of the enactment 
     of this Act and shall terminate on September 30, 2002.
       (e) Reports.--(1) The Secretary of Defense shall submit an 
     interim report on the demonstration program to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives not later than December 1, 2001. The interim 
     report shall contain, at a minimum, for each site of the 
     demonstration program the following:
       (A) A baseline assessment of the lost workday injury rate.
       (B) A comparison of the lost workday injury rate for fiscal 
     year 2000 with the lost workday injury rate for fiscal year 
     1999.
       (C) The direct and indirect costs associated with all lost 
     workday injuries.
       (2) The Secretary of Defense shall submit a final report on 
     the demonstration program to the Committees on Armed Services 
     of the Senate and the House of Representatives not later than 
     December 1, 2002. The final report shall contain, at a 
     minimum, for each site of the demonstration program the 
     following:
       (A) The Secretary's determination on the issue stated in 
     subsection (b)(2).
       (B) A comparison of the lost workday injury rate under the 
     program with the baseline assessment of the lost workday 
     injury rate.
       (C) The lost workday injury rate for fiscal year 2002.
       (D) A comparison of the direct and indirect costs 
     associated with all lost workday injuries for fiscal year 
     2002 with the direct and indirect costs associated with all 
     lost workday injuries for fiscal year 2001.
       (f) Funding.--Of the amount authorized to be appropriated 
     under section 301(5), $5,000,000 shall be available for the 
     demonstration program under this section.

     SEC. 1106. EMPLOYMENT AND COMPENSATION OF EMPLOYEES FOR 
                   TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR 
                   EXECUTIVE ORDER.

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

    ``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR 
                            EXECUTIVE ORDER

     ``Sec. 3161. Employment and compensation of employees

       ``(a) Definition of Temporary Organization.--For the 
     purposes of this subchapter, the term `temporary 
     organization' means a commission, committee, board, or other 
     organization that--
       ``(1) is established by law or Executive order for a 
     specific period not in excess of 3 years for the purpose of 
     performing a specific study or other project; and
       ``(2) is terminated upon the completion of the study or 
     project or upon the occurrence of a condition related to the 
     completion of the study or project.
       ``(b) Employment Authority.--(1) Notwithstanding the 
     provisions of chapter 51 of this title, the head of an 
     Executive agency may appoint persons to positions of 
     employment in a temporary organization in such numbers and 
     with such skills as are necessary for the performance of the 
     functions required of a temporary organization.
       ``(2) The period of an appointment under paragraph (1) may 
     not exceed three years, except that under regulations 
     prescribed by the Office of Personnel Management the period 
     of appointment may be extended for up to an additional two 
     years.
       ``(3) The positions of employment in a temporary 
     organization are in the excepted service of the civil 
     service.
       ``(c) Detail Authority.--Upon the request of the head of a 
     temporary organization, the head of any department or agency 
     of the Government may detail, on a nonreimbursable basis, any 
     personnel of the department or agency to that organization to 
     assist in carrying out its duties.
       ``(d) Compensation.--(1) The rate of basic pay for an 
     employee appointed under subsection (b) shall be established 
     under regulations prescribed by the Office of Personnel 
     Management without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of this title.
       ``(2) The rate of basic pay for the chairman, a member, an 
     executive director, a staff director, or another executive 
     level position of a temporary organization may not exceed the 
     maximum rate of basic pay established for the Senior 
     Executive Service under section 5382 of this title.
       ``(3) Except as provided in paragraph (4), the rate of 
     basic pay for other positions in a temporary organization may 
     not exceed the maximum rate of basic pay for grade GS-15 of 
     the General Schedule under section 5332 of this title.
       ``(4) The rate of basic pay for a senior staff position of 
     a temporary organization may, in a case determined by the 
     head of the temporary organization as exceptional, exceed the 
     maximum rate of basic pay authorized under paragraph (3), but 
     may not exceed the maximum rate of basic pay authorized for 
     an executive level position under paragraph (2).
       ``(5) In this subsection, the term `basic pay' includes 
     locality pay provided for under section 5304 of this title.
       ``(e) Travel Expenses.--An employee of a temporary 
     organization, whether employed on a full-time or part-time 
     basis, may be allowed travel and transportation expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of this title, while traveling away from the 
     employee's regular place of business in the performance of 
     services for the temporary organization.
       ``(f) Benefits.--(1) An employee appointed under subsection 
     (b) shall be afforded the same benefits and entitlements as 
     are provided other employees under subpart G of part III of 
     this

[[Page 14557]]

     title, except that a full-time employee shall be eligible for 
     life insurance under chapter 87 of this title and health 
     benefits under chapter 89 of this title immediately upon 
     appointment to the position of full-time employment without 
     regard to the duration of the temporary organization or of 
     the appointment to that position of the temporary 
     organization.
       ``(2) Until an employee of a temporary organization has 
     completed one year of continuous service in the civil 
     service, there shall be withheld from the employee's pay the 
     following:
       ``(A) In the case of an employee insured pursuant to 
     paragraph (1) by an insurance policy purchased by the Office 
     under chapter 87 of this title, the amount equal to the 
     amount of the Government contribution under section 8708 of 
     this title, as well as the amount required to be withheld 
     from the pay of the employee under section 8707 of this 
     title, all of which shall be deposited in the Treasury of the 
     United States to the credit of the Employees' Life Insurance 
     Fund referred to in section 8714 of this title.
       ``(B) In the case of an employee participating pursuant to 
     paragraph (1) in a Federal Employees Health Benefits plan 
     under chapter 89 of this title, the amount equal to the 
     amount of the Government contribution under section 8906 of 
     this title, as well as the amount required to be withheld 
     from the pay of the employee under section 8906 of this 
     title, all of which shall be paid into the Employees Health 
     Benefits Fund referred to in section 8909 of this title.
       ``(3) No contribution shall be made by the United States 
     for an employee under section 8708 or 8906 of this title for 
     any period for which subparagraph (A) or (B), respectively, 
     of paragraph (2) applies to the employee.
       ``(g) Return Rights.--An employee serving under a career or 
     career conditional appointment or the equivalent in an agency 
     who transfers to or converts to an appointment in a temporary 
     organization with the consent of the head of the agency is 
     entitled to be returned to the employee's former position or 
     a position of like seniority, status, and pay without grade 
     or pay retention in the agency if the employee--
       ``(1) is being separated from the temporary organization 
     for reasons other than misconduct, neglect of duty, or 
     malfeasance; and
       ``(2) applies for return not later than 30 days before the 
     earlier of--
       ``(A) the date of the termination of the employment in the 
     temporary organization; or
       ``(B) the date of the termination of the temporary 
     organization.
       ``(h) Temporary and Intermittent Services.--The head of a 
     temporary organization may procure for the organization 
     temporary and intermittent services under section 3109(b) of 
     this title.
       ``(i) Acceptance of Volunteer Services.--(1) The head of a 
     temporary organization may accept volunteer services 
     appropriate to the duties of the organization without regard 
     to section 1342 of title 31.
       ``(2) Donors of voluntary services accepted for a temporary 
     organization under this subsection may include the following:
       ``(A) Advisors.
       ``(B) Experts.
       ``(C) Members of the commission, committee, board, or other 
     temporary organization, as the case may be.
       ``(D) A person performing services in any other capacity 
     determined appropriate by the head of the temporary 
     organization.
       ``(3) The head of the temporary organization--
       ``(A) shall ensure that each person performing voluntary 
     services accepted under this subsection is notified of the 
     scope of the voluntary services accepted;
       ``(B) shall supervise the volunteer to the same extent as 
     employees receiving compensation for similar services; and
       ``(C) shall ensure that the volunteer has appropriate 
     credentials or is otherwise qualified to perform in each 
     capacity for which the volunteer's services are accepted.
       ``(4) A person providing volunteer services accepted under 
     this subsection shall be considered an employee of the 
     Federal Government in the performance of those services for 
     the purposes of the following provisions of law:
       ``(A) Chapter 81 of this title, relating to compensation 
     for work-related injuries.
       ``(B) Chapter 171 of title 28, relating to tort claims.
       ``(C) Chapter 11 of title 18, relating to conflicts of 
     interest.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

    ``SUBCHAPTER IV--TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR 
                            EXECUTIVE ORDER

``Sec.
``3161. Employment and compensation of employees.''.

     SEC. 1107. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS 
                   IN REDUCTIONS IN FORCE.

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

     SEC. 1108. ELECTRONIC MAINTENANCE OF PERFORMANCE APPRAISAL 
                   SYSTEMS.

       Section 4302 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(c) The head of an agency may administer and maintain its 
     performance appraisal systems electronically in accordance 
     with regulations which the Office shall prescribe.''.

     SEC. 1109. APPROVAL AUTHORITY FOR CASH AWARDS IN EXCESS OF 
                   $10,000.

       Section 4502 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) The Secretary of Defense may grant a cash award under 
     subsection (b) of this section without regard to the 
     requirements for certification and approval provided in that 
     subsection.''.

     SEC. 1110. LEAVE FOR CREWS OF CERTAIN VESSELS.

       Section 6305(c)(2) of title 5, United States Code, is 
     amended to read as follows:
       ``(2) may not be made the basis for a lump-sum payment, 
     except that civil service mariners of the Military Sealift 
     Command on temporary promotion aboard ship may be paid the 
     difference between their temporary and permanent rates of pay 
     for leave accrued and not otherwise used during the temporary 
     promotion upon the expiration or termination of the temporary 
     promotion; and''.

     SEC. 1111. LIFE INSURANCE FOR EMERGENCY ESSENTIAL DEPARTMENT 
                   OF DEFENSE EMPLOYEES.

       Section 8702 of title 5, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Notwithstanding a notice previously given under 
     subsection (b), an employee of the Department of Defense who 
     is designated as an emergency essential employee under 
     section 1580 of title 10 shall be insured if the employee, 
     within 60 days after the date of the designation, elects to 
     be insured under a policy of insurance under this chapter. An 
     election under the preceding sentence shall be effective when 
     provided to the Office in writing, in the form prescribed by 
     the Office, within such 60-day period.''.

     SEC. 1112. CIVILIAN PERSONNEL SERVICES PUBLIC-PRIVATE 
                   COMPETITION PILOT PROGRAM.

       (a) Program Required.--The Secretary of Defense shall 
     establish a pilot program to assess the extent to which the 
     effectiveness and efficiency of the performance of civilian 
     personnel services for the Department of Defense could be 
     increased by conducting competitions for the performance of 
     such services between the public and private sectors. The 
     pilot program under this section shall be known as the 
     ``Civilian Personnel Services Public-Private Competition 
     Program''.
       (b) Civilian Personnel Regions To Be Included.--(1) The 
     pilot program shall be carried out in four civilian personnel 
     regions, as follows:
       (A) In one region, for the civilian personnel services for 
     the Department of the Army.
       (B) In two regions, for the civilian personnel services for 
     the Department of the Navy.
       (C) In one region, for the civilian personnel services for 
     any military department or for any organization within the 
     Department of Defense that is not within a military 
     department.
       (2) The Secretary shall designate the regions to 
     participate in the pilot program. The Secretary shall select 
     the regions for designation from among the regions where the 
     conduct of civilian personnel operations are most conducive 
     to public-private competition. In making the selections, the 
     Secretary shall consult with the Secretary of the Army, the 
     Secretary of the Navy, and the Director of Washington 
     Headquarters Services.
       (c) Right of First Refusal for Displace Federal 
     Employees.--The Secretary of Defense shall take the actions 
     necessary to ensure that, in the case of a conversion to 
     private sector performance under the pilot program, employees 
     of the United States who are displaced by the conversion have 
     the right of first refusal for jobs for which they are 
     qualified that are created by the conversion.
       (d) Duration and Coverage of the Program.--The pilot 
     program shall be carried out during the period beginning on 
     October 1, 2000, and ending on December 31, 2004.
       (e) Authority To Expand Program.--The Secretary may expand 
     the pilot program to include other regions.
       (f) Report.--Not later than February 1, 2005, the Secretary 
     shall submit a report on the pilot program to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives. The report shall include the following:
       (1) The Secretary's assessment of the value of the actions 
     taken in the administration of the pilot program for 
     increasing the effectiveness and efficiency of the 
     performance of civilian personnel services for the Department 
     of Defense in the regions covered by the pilot program, as 
     compared to the performance of civilian personnel services 
     for the department in regions not included in the pilot 
     program.
       (2) Any recommendations for legislation or other action 
     that the Secretary considers appropriate to increase the 
     effectiveness and efficiency of the performance of civilian 
     personnel services for the Department of Defense in all 
     regions.

     SEC. 1113. EXTENSION, EXPANSION, AND REVISION OF AUTHORITY 
                   FOR EXPERIMENTAL PERSONNEL PROGRAM FOR 
                   SCIENTIFIC AND TECHNICAL PERSONNEL.

       (a) Extension of Program.--Section 1101 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2139; 5 U.S.C. 3104 note) 
     is amended--
       (1) in subsection (a), by striking ``the 5-year period 
     beginning on the date of the enactment of this Act'' and 
     inserting ``the program period specified in subsection 
     (e)(1)'';
       (2) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) The period for carrying out the program authorized 
     under this section begins on October 17, 1998, and ends on 
     October 16, 2005.''; and

[[Page 14558]]

       (3) in subsection (f), by striking ``on the day before the 
     termination of the program'' and inserting ``on the last day 
     of the program period specified in subsection (e)(1)''.
       (b) Expansion of Scope.--Subsection (a) of such section, as 
     amended by subsection (a)(1) of this section, is further 
     amended by inserting before the period at the end the 
     following: ``and research and development projects 
     administered by laboratories designated for the program by 
     the Secretary from among the laboratories of each of the 
     military departments''.
       (c) Limitation on Number of Appointments.--Subsection 
     (b)(1) of such section is amended to read as follows:
       ``(1) without regard to any provision of title 5, United 
     States Code, governing the appointment of employees in the 
     civil service, appoint scientists and engineers from outside 
     the civil service and uniformed services (as such terms are 
     defined in section 2101 of such title) to--
       ``(A) not more than 40 scientific and engineering positions 
     in the Defense Advanced Research Projects Agency;
       ``(B) not more than 40 scientific and engineering positions 
     in the designated laboratories of each of the military 
     services; and
       ``(C) not more than a total of 10 scientific and 
     engineering positions in the National Imagery and Mapping 
     Agency and the National Security Agency.''.
       (d) Rates of Pay for Appointees.--Subsection (b)(2) of such 
     section is amended by inserting after ``United States Code,'' 
     the following: ``as increased by locality-based comparability 
     payments under section 5304 of such title,''.
       (e) Commensurate Extension of Requirement for Annual 
     Report.--Subsection (g) of such section is amended by 
     striking ``2004'' and inserting ``2006''.
       (f) Amendment of Section Heading.--The heading for such 
     section is amended to read as follows:

     ``SEC. 1101. EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC 
                   AND TECHNICAL PERSONNEL.''.

     SEC. 1114. CLARIFICATION OF PERSONNEL MANAGEMENT AUTHORITY 
                   UNDER 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.''.

     SEC. 1115. EXTENSION OF AUTHORITY FOR VOLUNTARY SEPARATIONS 
                   IN REDUCTIONS IN FORCE.

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

     SEC. 1116. EXTENSION, REVISION, AND EXPANSION OF AUTHORITIES 
                   FOR USE OF VOLUNTARY SEPARATION INCENTIVE PAY 
                   AND VOLUNTARY EARLY RETIREMENT.

       (a) Extension of Authority.--Subsection (e) of section 5597 
     of title 5, United States Code, is amended by striking 
     ``September 30, 2003'' and inserting ``September 30, 2005''.
       (b) Revision and Addition of Purposes for Department of 
     Defense VSIP.--Subsection (b) of such section is amended by 
     inserting after ``transfer of function,'' the following: 
     ``restructuring of the workforce (to meet mission needs, 
     achieve one or more strength reductions, correct skill 
     imbalances, or reduce the number of high-grade, managerial, 
     or supervisory positions in accordance with the strategic 
     plan required under section 1118 of the National Defense 
     Authorization Act for Fiscal Year 2001),''.
       (c) Eligibility.--Subsection (c) of such section is 
     amended--
       (1) in paragraph (2), by inserting ``objective and 
     nonpersonal'' after ``similar''; and
       (2) by adding at the end the following:

     ``A determination of which employees are within the scope of 
     an offer of separation pay shall be made only on the basis of 
     consistent and well-documented application of the relevant 
     criteria.''.
       (d) Installment Payments.--Subsection (d) of such section 
     is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) shall be paid in a lump-sum or in installments;'';
       (2) by striking ``and'' at the end of paragraph (3);
       (3) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(5) if paid in installments, shall cease to be paid upon 
     the recipient's acceptance of employment by the Federal 
     Government, or commencement of work under a personal services 
     contract, as described in subsection (g)(1).''.
       (e) Applicability of Repayment Requirement to Reemployment 
     Under Personal Services Contracts.--Subsection (g)(1) of such 
     section is amended by inserting after ``employment with the 
     Government of the United States'' the following: ``, or who 
     commences work for an agency of the United States through a 
     personal services contract with the United States,''.

     SEC. 1117. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY 
                   RETIREMENT AUTHORITY.

       (a) Civil Service Retirement System.--Section 8336 of title 
     5, United States Code, is amended--
       (1) in subsection (d)(2), by inserting ``except in the case 
     of an employee described in subsection (o)(1),'' after 
     ``(2)''; and
       (2) by adding at the end the following:
       ``(o)(1) An employee of the Department of Defense who, 
     before October 1, 2005, is separated from the service after 
     completing 25 years of service or after becoming 50 years of 
     age and completing 20 years of service is entitled to an 
     immediate annuity under this subchapter if the employee is 
     eligible for the annuity under paragraph (2) or (3).
       ``(2)(A) An employee referred to in paragraph (1) is 
     eligible for an immediate annuity under this paragraph if the 
     employee--
       ``(i) is separated from the service involuntarily other 
     than for cause; and
       ``(ii) has not declined a reasonable offer of another 
     position in the Department of Defense for which the employee 
     is qualified, which is not lower than 2 grades (or pay 
     levels) below the employee's grade (or pay level), and which 
     is within the employee's commuting area.
       ``(B) For the purposes of paragraph (2)(A)(i), a separation 
     for failure to accept a directed reassignment to a position 
     outside the commuting area of the employee concerned or to 
     accompany a position outside of such area pursuant to a 
     transfer of function may not be considered to be a removal 
     for cause.
       ``(3) An employee referred to in paragraph (1) is eligible 
     for an immediate annuity under this paragraph if the employee 
     satisfies all of the following conditions:
       ``(A) The employee is separated from the service 
     voluntarily during a period in which the organization within 
     the Department of Defense in which the employee is serving is 
     undergoing a major organizational adjustment.
       ``(B) The employee has been employed continuously by the 
     Department of Defense for more than 30 days before the date 
     on which the head of the employee's organization requests the 
     determinations required under subparagraph (A).
       ``(C) The employee is serving under an appointment that is 
     not limited by time.
       ``(D) The employee is not in receipt of a decision notice 
     of involuntary separation for misconduct or unacceptable 
     performance.
       ``(E) The employee is within the scope of an offer of 
     voluntary early retirement, as defined on the basis of one or 
     more of the following objective criteria:
       ``(i) One or more organizational units.
       ``(ii) One or more occupational groups, series, or levels.
       ``(iii) One or more geographical locations.
       ``(iv) Any other similar objective and nonpersonal criteria 
     that the Office of Personnel Management determines 
     appropriate.
       ``(4) Under regulations prescribed by the Office of 
     Personnel Management, the determinations of whether an 
     employee meets--
       ``(A) the requirements of subparagraph (A) of paragraph (3) 
     shall be made by the Office, upon the request of the 
     Secretary of Defense; and
       ``(B) the requirements of subparagraph (E) of such 
     paragraph shall be made by the Secretary of Defense.
       ``(5) A determination of which employees are within the 
     scope of an offer of early retirement shall be made only on 
     the basis of consistent and well-documented application of 
     the relevant criteria.
       ``(6) In this subsection, the term `major organizational 
     adjustment' means any of the following:
       ``(A) A major reorganization.
       ``(B) A major reduction in force.
       ``(C) A major transfer of function.
       ``(D) A workforce restructuring--
       ``(i) to meet mission needs;
       ``(ii) to achieve one or more reductions in strength;
       ``(iii) to correct skill imbalances; or
       ``(iv) to reduce the number of high-grade, managerial, 
     supervisory, or similar positions.''.
       (b) Federal Employees' Retirement System.--Section 8414 of 
     such title is amended--
       (1) in subsection (b)(1)(B), by inserting ``except in the 
     case of an employee described in subsection (d)(1),'' after 
     ``(B)''; and
       (2) by adding at the end the following:
       ``(d)(1) An employee of the Department of Defense who, 
     before October 1, 2005, is separated from the service after 
     completing 25 years of service or after becoming 50 years of 
     age and completing 20 years of service is entitled to an 
     immediate annuity under this subchapter if the employee is 
     eligible for the annuity under paragraph (2) or (3).
       ``(2)(A) An employee referred to in paragraph (1) is 
     eligible for an immediate annuity under this paragraph if the 
     employee--
       ``(i) is separated from the service involuntarily other 
     than for cause; and
       ``(ii) has not declined a reasonable offer of another 
     position in the Department of Defense for which the employee 
     is qualified, which is not lower than 2 grades (or pay 
     levels) below the employee's grade (or pay level), and which 
     is within the employee's commuting area.
       ``(B) For the purposes of paragraph (2)(A)(i), a separation 
     for failure to accept a directed reassignment to a position 
     outside the commuting area of the employee concerned or to 
     accompany a position outside of such area pursuant to a 
     transfer of function may not be considered to be a removal 
     for cause.

[[Page 14559]]

       ``(3) An employee referred to in paragraph (1) is eligible 
     for an immediate annuity under this paragraph if the employee 
     satisfies all of the following conditions:
       ``(A) The employee is separated from the service 
     voluntarily during a period in which the organization within 
     the Department of Defense in which the employee is serving is 
     undergoing a major organizational adjustment.
       ``(B) The employee has been employed continuously by the 
     Department of Defense for more than 30 days before the date 
     on which the head of the employee's organization requests the 
     determinations required under subparagraph (A).
       ``(C) The employee is serving under an appointment that is 
     not limited by time.
       ``(D) The employee is not in receipt of a decision notice 
     of involuntary separation for misconduct or unacceptable 
     performance.
       ``(E) The employee is within the scope of an offer of 
     voluntary early retirement, as defined on the basis of one or 
     more of the following objective criteria:
       ``(i) One or more organizational units.
       ``(ii) One or more occupational groups, series, or levels.
       ``(iii) One or more geographical locations.
       ``(iv) Any other similar objective and nonpersonal criteria 
     that the Office of Personnel Management determines 
     appropriate.
       ``(4) Under regulations prescribed by the Office of 
     Personnel Management, the determinations of whether an 
     employee meets--
       ``(A) the requirements of subparagraph (A) of paragraph (3) 
     shall be made by the Office upon the request of the Secretary 
     of Defense; and
       ``(B) the requirements of subparagraph (E) of such 
     paragraph shall be made by the Secretary of Defense.
       ``(5) A determination of which employees are within the 
     scope of an offer of early retirement shall be made only on 
     the basis of consistent and well-documented application of 
     the relevant criteria.
       ``(6) In this subsection, the term `major organizational 
     adjustment' means any of the following:
       ``(A) A major reorganization.
       ``(B) A major reduction in force.
       ``(C) A major transfer of function.
       ``(D) A workforce restructuring--
       ``(i) to meet mission needs;
       ``(ii) to achieve one or more reductions in strength;
       ``(iii) to correct skill imbalances; or
       ``(iv) to reduce the number of high-grade, managerial, 
     supervisory, or similar positions.''.
       (c) Conforming Amendments.--(1) Section 8339(h) of such 
     title is amended by striking out ``or ( j)'' in the first 
     sentence and inserting ``( j), or (o)''.
       (2) Section 8464(a)(1)(A)(i) of such title is amended by 
     striking out ``or (b)(1)(B)'' and ``, (b)(1)(B), or (d)''.
       (d) Effective Date; Applicability.--The amendments made by 
     this section--
       (1) shall take effect on October 1, 2000; and
       (2) shall apply with respect to an approval for voluntary 
     early retirement made on or after that date.

     SEC. 1118. RESTRICTIONS ON PAYMENTS FOR ACADEMIC TRAINING.

       (a) Sources of Postsecondary Education.--Subsection (a) of 
     section 4107 of title 5, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) any course of postsecondary education that is 
     administered or conducted by an institution not accredited by 
     a national or regional accrediting body (except in the case 
     of a course or institution for which standards for 
     accrediting do not exist or are determined by the head of the 
     employee's agency as being inappropriate), regardless of 
     whether the course is provided by means of classroom 
     instruction, electronic instruction, or otherwise.''.
       (b) Waiver of Restriction on Degree Training.--Subsection 
     (b)(1) of such section is amended by striking ``if 
     necessary'' and all that follows through the end and 
     inserting ``if the training provides an opportunity for an 
     employee of the agency to obtain an academic degree pursuant 
     to a planned, systematic, and coordinated program of 
     professional development approved by the head of the 
     agency.''.
       (c) Conforming and Clerical Amendments.--The heading for 
     such section is amended to read as follows:

     ``Sec. 4107. Restrictions''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 41 of title 5, United 
     States Code, is amended to read as follows:

``4107. Restrictions.''.

     SEC. 1119. STRATEGIC PLAN.

       (a) Requirement for Plan.--Not later than six months after 
     the date of the enactment of this Act, and before exercising 
     any of the authorities provided or extended by the amendments 
     made by sections 1115 through 1117, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     strategic plan for the exercise of such authorities. The plan 
     shall include an estimate of the number of Department of 
     Defense employees that would be affected by the uses of 
     authorities as described in the plan.
       (b) Consistency With DoD Performance and Review Strategic 
     Plan.--The strategic plan submitted under subsection (a) 
     shall be consistent with the strategic plan of the Department 
     of Defense that is in effect under section 306 of title 5, 
     United States Code.
       (c) Appropriate Committees.--For the purposes of this 
     section, the appropriate committees of Congress are as 
     follows:
       (1) The Committee on Armed Services and the Committee on 
     Governmental Affairs of the Senate.
       (2) The Committee on Armed Services and the Committee on 
     Government Reform of the House of Representatives.

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     SEC. 1201. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 
                   FOREIGN COUNTRIES.

       (a) Authority To Transfer.--
       (1) Australia.--The Secretary of the Navy is authorized to 
     transfer to the Government of Australia the ``KIDD'' class 
     guided missile destroyers KIDD (DDG 993), CALLAGHAN (DDG 
     994), SCOTT (DDG 995), and CHANDLER (DDG 996). Each such 
     transfer shall be on a combined lease-sale basis under 
     sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 
     2796 and 2761).
       (2) Brazil.--The Secretary of the Navy is authorized to 
     transfer to the Government of Brazil the ``THOMASTON'' class 
     dock landing ships ALAMO (LSD 33) and HERMITAGE (LSD 34), and 
     the ``GARCIA'' class frigates BRADLEY (FF 1041), DAVIDSON (FF 
     1045), SAMPLE (FF 1048) and ALBERT DAVID (FF 1050). Each such 
     transfer shall be on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
       (3) Chile.--The Secretary of the Navy is authorized to 
     transfer to the Government of Chile the ``OLIVER HAZARD 
     PERRY'' class guided missile frigates WADSWORTH (FFG 9), and 
     ESTOCIN (FFG 15). Each such transfer shall be on a combined 
     lease-sale basis under sections 61 and 21 of the Arms Export 
     Control Act (22 U.S.C. 2796 and 2761).
       (4) Egypt.--The Secretary of the Navy is authorized to 
     transfer to the Government of Egypt the ``DIXIE'' class 
     destroyer tender YOSEMITE (AD 19). The transfer shall be on a 
     grant basis under section 516 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2321j).
       (5) Greece.--The Secretary of the Navy is authorized to 
     transfer to the Government of Greece the ``KNOX'' class 
     frigates VREELAND (FF 1068) and TRIPPE (FF 1075). Each such 
     transfer shall be on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
       (6) Turkey.--(A) The Secretary of the Navy is authorized to 
     transfer to the Government of Turkey the ``OLIVER HAZARD 
     PERRY'' class guided missile frigates JOHN A. MOORE (FFG 19) 
     and FLATLEY (FFG 21). Each transfer under the authority of 
     this subsection shall be on a combined lease-sale basis under 
     sections 61 and 21 of the Arms Export Control Act (22 U.S.C. 
     2796 and 2761).
       (B) The authority provided under subparagraph (A) is in 
     addition to the authority provided under section 1018(a)(9) 
     of Public Law 106-65 (113 Stat. 745) for the Secretary of the 
     Navy to transfer such vessels to the Government of Turkey on 
     a sale basis under section 21 of the Arms Export Control Act 
     (22 U.S.C. 2761).
       (b) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to another country on a grant basis under section 516 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to 
     authority provided by subsection (a) shall not be counted for 
     the purposes of subsection (g) of that section in the 
     aggregate value of excess defense articles transferred to 
     countries under that section in any fiscal year.
       (c) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient (notwithstanding 
     section 516(e)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)(1)) in the case of a transfer authorized to 
     be made on a grant basis under subsection (a)).
       (d) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the Secretary of the Navy 
     shall require, as a condition of the transfer of a vessel 
     under this section, that the country to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that country, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (e) Conditions Relating to Combined Lease-Sale Transfers.--
     A transfer of a vessel on a combined lease-sale basis 
     authorized by subsection (a) shall be made in accordance with 
     the following requirements:
       (1) The Secretary of the Navy may initially transfer the 
     vessel by lease, with lease payments suspended for the term 
     of the lease, if the country entering into the lease for the 
     vessel simultaneously enters into a foreign military sales 
     agreement for the transfer of title to the vessel.
       (2) The Secretary may not deliver to the purchasing country 
     title to the vessel until the purchase price of the vessel 
     under such a foreign military sales agreement is paid in 
     full.
       (3) Upon payment of the purchase price in full under such a 
     sales agreement and delivery of title to the recipient 
     country, the Secretary shall terminate the lease.
       (4) If the purchasing country fails to make full payment of 
     the purchase price in accordance with the sales agreement by 
     the date required under the sales agreement--

[[Page 14560]]

       (A) the sales agreement shall be immediately terminated;
       (B) the suspension of lease payments under the lease shall 
     be vacated; and
       (C) the United States shall be entitled to retain all funds 
     received on or before the date of the termination under the 
     sales agreement, up to the amount of the lease payments due 
     and payable under the lease and all other costs required by 
     the lease to be paid to that date.
       (5) If a sales agreement is terminated pursuant to 
     paragraph (4), the United States shall not be required to pay 
     any interest to the recipient country on any amount paid to 
     the United States by the recipient country under the sales 
     agreement and not retained by the United States under the 
     lease.
       (f) Authorization of Appropriations for Costs of Lease-Sale 
     Transfers.--There is hereby authorized to be appropriated 
     into the Defense Vessels Transfer Program Account such sums 
     as may be necessary for paying the costs (as defined in 
     section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
     661a)) of the lease-sale transfers authorized by subsection 
     (a). Amounts so appropriated shall be available only for the 
     purpose of paying those costs.
       (g) Expiration of Authority.--The authority provided under 
     subsection (a) shall expire at the end of the two-year period 
     beginning on the date of the enactment of this Act.

     SEC. 1202. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 
                   INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

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

     SEC. 1203. REPEAL OF RESTRICTION PREVENTING COOPERATIVE 
                   AIRLIFT SUPPORT THROUGH ACQUISITION AND CROSS-
                   SERVICING AGREEMENTS.

       Section 2350c of title 10, United States Code, is amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsection (e) as subsection (d).

     SEC. 1204. WESTERN HEMISPHERE INSTITUTE FOR PROFESSIONAL 
                   EDUCATION AND TRAINING.

       (a) In General.--Chapter 108 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2166. Western Hemisphere Institute for Professional 
       Education and Training

       ``(a) Establishment and Administration.--(1) The Secretary 
     of Defense may operate an education and training facility for 
     the purpose set forth in subsection (b). The facility may be 
     called the Western Hemisphere Institute for Professional 
     Education and Training.
       ``(2) The Secretary may designate the Secretary of a 
     military department as the Department of Defense executive 
     agent for carrying out the responsibilities of the Secretary 
     of Defense under this section.
       ``(b) Purpose.--The purpose of the Institute is to provide 
     professional education and training to eligible personnel of 
     the Western Hemisphere within the context of the democratic 
     principles set forth in the Charter of the Organization of 
     American States and supporting agreements, while fostering 
     mutual knowledge, transparency, confidence, and cooperation 
     among the participating nations and promoting democratic 
     values, respect for human rights, and knowledge and 
     understanding of United States customs and traditions.
       ``(c) Eligible Personnel.--(1) Subject to paragraph (2), 
     personnel of the Western Hemisphere are eligible for 
     education and training at the Institute as follows:
       ``(A) Military personnel.
       ``(B) Law enforcement personnel.
       ``(C) Civilians, whether or not employed by a government of 
     the Western Hemisphere.
       ``(2) The selection of foreign personnel for education or 
     training at the Institute is subject to the approval of the 
     Secretary of State.
       ``(d) Curriculum.--(1) The curriculum of the Institute 
     shall include mandatory instruction for each student, for at 
     least 8 hours, on human rights, the rule of law, due process, 
     civilian control of the military, and the role of the 
     military in a democratic society.
       ``(2) The curriculum may include instruction and other 
     educational and training activities on the following:
       ``(A) Leadership development.
       ``(B) Counterdrug operations.
       ``(C) Peace support operations.
       ``(D) Disaster relief.
       ``(E) Any other matters that the Secretary determines 
     appropriate.
       ``(e) Board of Visitors.--(1) There shall be a Board of 
     Visitors for the Institute. The Board shall be composed of 
     the following:
       ``(A) Two members of the Senate designated by the President 
     pro tempore of the Senate.
       ``(B) Two members of the House of Representatives 
     designated by the Speaker of the House of Representatives.
       ``(C) Six persons designated by the Secretary of Defense 
     including, to the extent practicable, at least one member 
     from academia, one member from the religious community, and 
     one member from the human rights community.
       ``(D) One person designated by the Secretary of State.
       ``(E) For each of the armed forces, the senior military 
     officer responsible for training and doctrine or a designee 
     of that officer.
       ``(F) The Commander in Chief of the United States Southern 
     Command or a designee of that officer.
       ``(2) The members of the Board shall serve for 2 years 
     except for the members referred to in subparagraphs (A) and 
     (B) of paragraph (1) who may serve until a successor is 
     designated.
       ``(3) A vacancy in a position of membership on the Board 
     shall be filled in the same manner as the position was 
     originally filled.
       ``(4) The Board shall meet at least once each year.
       ``(5)(A) The Board shall inquire into the curriculum, 
     instruction, physical equipment, fiscal affairs, academic 
     methods, and other matters relating to the Institute that the 
     Board decides to consider.
       ``(B) The Board shall review the curriculum of the 
     Institute to determine whether--
       ``(i) the curriculum complies with applicable United States 
     laws and regulations;
       ``(ii) the curriculum is consistent with United States 
     policy goals toward Latin America and the Caribbean;
       ``(iii) the curriculum adheres to current United States 
     doctrine; and
       ``(iv) the instruction under the curriculum appropriately 
     emphasizes the matters described in subsection (d)(1).
       ``(6) Not later than 60 days after its annual meeting, the 
     Board shall submit to the Secretary of Defense a written 
     report of its action and of its views and recommendations 
     pertaining to the Institute.
       ``(7) Members of the Board may not be compensated for 
     service on the Board. In the case of officers or employees of 
     the United States serving on the Board as part of their 
     official duties, compensation paid to the members as officers 
     or employees of the United States shall not be considered 
     compensation for service on the Board.
       ``(8) With the approval of the Secretary of Defense, the 
     Board may accept and use the services of voluntary and 
     noncompensated advisers appropriate to the duties of the 
     Board without regard to section 1342 of title 31.
       ``(9) Members of the Board and advisers whose services are 
     accepted under paragraph (8) shall be allowed travel and 
     transportation expenses, including per diem in lieu of 
     subsistence, while away from their homes or regular places of 
     business in the performance of services for the Board. 
     Allowances under this paragraph shall be computed--
       ``(A) in the case of members of the Board who are officers 
     or employees of the United States, at rates authorized for 
     employees of agencies under subchapter I of chapter 57 of 
     title 5; and
       ``(B) in the case of other members of the Board and 
     advisers, as authorized under section 5703 of title 5 for 
     employees serving without pay.
       ``(10) The Federal Advisory Committee Act (5 U.S.C. App. 
     2), other than section 14 (relating to termination after two 
     years), shall apply to the Board.
       ``(f) Fixed Costs.--The fixed costs of operating and 
     maintaining the Institute--
       ``(1) may be paid from funds available to the Army for 
     operation and maintenance; and
       ``(2) may not be paid out of the proceeds of tuition fees 
     charged for professional education and training at the 
     Institute.
       ``(g) Annual Report.--Not later than March 15 of each year, 
     the Secretary of Defense shall submit to Congress a detailed 
     report on the activities of the Institute during the 
     preceding year. The Secretary shall coordinate the 
     preparation of the report with the heads of department and 
     agencies of the United States that have official interests in 
     the activities of the Institute, as determined by the 
     Secretary.''.
       (b) Repeal of Authority for United States Army School of 
     the Americas.--Section 4415 of title 10, United States Code, 
     is repealed.
       (c) Clerical Amendments.--(1) The table of sections at the 
     beginning of chapter 108 of title 10, United States Code, is 
     amended by inserting after the item relating to section 2165 
     the following:

``2166. Western Hemisphere Institute for Professional Education and 
              Training.''.

       (2) The table of sections at the beginning of chapter 407 
     of such title is amended by striking the item relating to 
     section 4415.

     SEC. 1205. BIANNUAL REPORT ON KOSOVO PEACEKEEPING.

       (a) Requirement for Periodic Report.--Beginning on December 
     1, 2000, and every six months thereafter, the President shall 
     submit to the congressional defense committees, the Committee 
     on Foreign Relations of the Senate, and the Committee on 
     International Relations of the House of Representatives a 
     report on the contributions of European nations and 
     organizations to the peacekeeping operations in Kosovo.
       (b) Content of Report.--Each report shall contain detailed 
     information on the following:
       (1) The commitments and pledges made by the European 
     Commission, the member nations of the European Union, and the 
     European member nations of the North Atlantic Treaty 
     Organization for reconstruction assistance in Kosovo, 
     humanitarian assistance in Kosovo, the Kosovo Consolidated 
     Budget, police (including special police) for the United 
     Nations international police force for Kosovo, and military 
     personnel for peacekeeping operations in Kosovo.
       (2) The amount of the assistance that has been provided in 
     each category, and the number of police and military 
     personnel that have been

[[Page 14561]]

     deployed to Kosovo, by each such organization or nation.
       (3) The full range of commitments and responsibilities that 
     have been undertaken for Kosovo by the United Nations, the 
     European Union, and the Organization for Security and 
     Cooperation in Europe (OSCE), the progress made by those 
     organizations in fulfilling those commitments and 
     responsibilities, an assessment of the tasks that remain to 
     be accomplished, and an anticipated schedule for completing 
     those tasks.

     SEC. 1206. MUTUAL ASSISTANCE FOR MONITORING TEST EXPLOSIONS 
                   OF NUCLEAR DEVICES.

       (a) Authority.--Subchapter II of chapter 138 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2350l. Mutual assistance for monitoring test 
       explosions of nuclear devices

       ``(a) Acceptance of Contributions.--(1) The Secretary of 
     Defense may accept funds, services, or property from a 
     foreign government, an international organization, or any 
     other entity for a purpose described in paragraph (2).
       ``(2) Contributions accepted under paragraph (1) may be 
     used only for the development, procurement, installation, 
     operation, repair, or maintenance of equipment for monitoring 
     test explosions of nuclear devices, or for communications 
     relating to the operation of such equipment. The equipment 
     may be installed and used on United States territory, foreign 
     territory (including Antarctica), or in international waters.
       ``(3) Any funds accepted under paragraph (1) shall be 
     deposited in an account established by the Secretary for use 
     for the purposes described in paragraph (2), and shall be 
     available, without fiscal year limitation, for use by 
     Department of Defense officials authorized by the Secretary 
     of Defense for contracts, grants, or other forms of 
     acquisition for such purposes.
       ``(b) Authority To Provide Monitoring Assistance.--(1) To 
     satisfy obligations of the United States to monitor test 
     explosions of nuclear devices, the Secretary of Defense may 
     provide a foreign government with assistance for the 
     monitoring of such tests, but only in accordance with an 
     agreement satisfying the requirements of paragraph (3).
       ``(2) The assistance authorized under paragraph (1) is as 
     follows:
       ``(A) A loan or conveyance of--
       ``(i) equipment for monitoring test explosions of nuclear 
     devices; and
       ``(ii) associated equipment.
       ``(B) The installation of such equipment on foreign 
     territory or in international waters.
       ``(3) Assistance for a foreign government under this 
     subsection shall be subject to an agreement entered into 
     between the United States and the foreign government that 
     ensures the following:
       ``(A) That the Secretary has timely access to data that is 
     produced, collected, or generated by equipment loaned or 
     conveyed to the foreign government under the agreement.
       ``(B) That the Secretary--
       ``(i) has access to that equipment for purposes of 
     inspecting, testing, maintaining, repairing, or replacing the 
     equipment; and
       ``(ii) may take such actions as are necessary to meet 
     United States obligations to inspect, test, maintain, repair, 
     or replace the equipment.
       ``(c) Delegation.--The Secretary may delegate authority to 
     carry out subsection (a) or (b) only to the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics or the 
     Secretary of the Air Force. Authority so delegated may be 
     further delegated.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of such chapter is amended by 
     inserting after the item relating to section 2350k the 
     following new item:

``2350l. Mutual assistance for monitoring test explosions of nuclear 
              devices.''.

     SEC. 1207. ANNUAL REPORT ON ACTIVITIES AND ASSISTANCE UNDER 
                   COOPERATIVE THREAT REDUCTION PROGRAMS.

       (a) Annual Report Consolidating Disparate Report 
     Requirements.--(1) Chapter 23 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 488. Annual report on activities and assistance under 
       Cooperative Threat Reduction programs

       ``(a) Annual Report.--In any year in which the budget of 
     the President under section 1105 of title 31 for the fiscal 
     year beginning in such year requests funds for the Department 
     of Defense for assistance or activities under Cooperative 
     Threat Reduction programs with the states of the former 
     Soviet Union, the Secretary of Defense shall submit to 
     Congress a report on activities and assistance during the 
     preceding fiscal year under Cooperative Threat Reduction 
     programs setting forth the matters in subsection (c).
       ``(b) Deadline for Report.--The report under subsection (a) 
     shall be submitted not later than the first Monday in 
     February of a year.
       ``(c) Matters To Be Included.--The report under subsection 
     (a) in a year shall set forth the following:
       ``(1) An estimate of the total amount that will be required 
     to be expended by the United States in order to achieve the 
     objectives of the Cooperative Threat Reduction programs.
       ``(2) A five-year plan setting forth the amount of funds 
     and other resources proposed to be provided by the United 
     States for Cooperative Threat Reduction programs over the 
     term of the plan, including the purpose for which such funds 
     and resources will be used, and to provide guidance for the 
     preparation of annual budget submissions with respect to 
     Cooperative Threat Reduction programs.
       ``(3) A description of the Cooperative Threat Reduction 
     activities carried out during the fiscal year ending in the 
     year preceding the year of the report, including--
       ``(A) the amounts notified, obligated, and expended for 
     such activities and the purposes for which such amounts were 
     notified, obligated, and expended for such fiscal year and 
     cumulatively for Cooperative Threat Reduction programs;
       ``(B) a description of the participation, if any, of each 
     department and agency of the United States Government in such 
     activities;
       ``(C) a description of such activities, including the forms 
     of assistance provided;
       ``(D) a description of the United States private sector 
     participation in the portion of such activities that were 
     supported by the obligation and expenditure of funds for 
     Cooperative Threat Reduction programs; and
       ``(E) such other information as the Secretary of Defense 
     considers appropriate to inform Congress fully of the 
     operation of Cooperative Threat Reduction programs and 
     activities, including with respect to proposed 
     demilitarization or conversion projects, information on the 
     progress toward demilitarization of facilities and the 
     conversion of the demilitarized facilities to civilian 
     activities.
       ``(4) A description of the audits, examinations, and other 
     efforts, such as on-site inspections, conducted by the United 
     States during the fiscal year ending in the year preceding 
     the year of the report to ensure that assistance provided 
     under Cooperative Threat Reduction programs is fully 
     accounted for and that such assistance is being used for its 
     intended purpose, including a description of--
       ``(A) if such assistance consisted of equipment, a 
     description of the current location of such equipment and the 
     current condition of such equipment;
       ``(B) if such assistance consisted of contracts or other 
     services, a description of the status of such contracts or 
     services and the methods used to ensure that such contracts 
     and services are being used for their intended purpose;
       ``(C) a determination whether the assistance described in 
     subparagraphs (A) and (B) has been used for its intended 
     purpose; and
       ``(D) a description of the audits, examinations, and other 
     efforts planned to be carried out during the fiscal year 
     beginning in the year of the report to ensure that 
     Cooperative Threat Reduction assistance provided during such 
     fiscal year is fully accounted for and is used for its 
     intended purpose.
       ``(5) A current description of the tactical nuclear weapons 
     arsenal of Russia, including--
       ``(A) an estimate of the current types, numbers, yields, 
     viability, locations, and deployment status of the nuclear 
     warheads in that arsenal;
       ``(B) an assessment of the strategic relevance of such 
     warheads;
       ``(C) an assessment of the current and projected threat of 
     theft, sale, or unauthorized use of such warheads; and
       ``(D) a summary of past, current, and planned United States 
     efforts to work cooperatively with Russia to account for, 
     secure, and reduce Russia's stockpile of tactical nuclear 
     warheads and associated fissile materials.
       ``(d) Input of DCI.--The Director of Central Intelligence 
     shall submit to the Secretary of Defense the views of the 
     Director on any matters covered by subsection (b)(5) in a 
     report under this section. Such views shall be included in 
     such report as a classified annex to such report.
       ``(e) Comptroller General Assessment.--Not later than 60 
     days after the date on which a report is submitted to 
     Congress under subsection (a), the Comptroller General shall 
     submit to Congress a report setting forth the Comptroller 
     General's assessment of the report under subsection (a), 
     including any recommendations regarding the report under 
     subsection (a) that the Comptroller General considers 
     appropriate.''.
       (2) The table of sections at the beginning of chapter 23 of 
     such title is amended by adding at the end the following new 
     item:

``488. Annual report on activities and assistance under Cooperative 
              Threat Reduction programs.''.

       (b) First Report.--The first report submitted under section 
     488 of title 10, United States Code, as added by subsection 
     (a), shall be submitted in 2002.
       (c) Repeal of Superseded Reporting Requirements.--(1) The 
     following provisions of law are repealed:
       (A) Section 1207 of the Cooperative Threat Reduction Act of 
     1994 (title XII of Public Law 103-160; 107 Stat. 1782; 22 
     U.S.C. 5956), relating to semiannual reports on Cooperative 
     Threat Reduction.
       (B) Section 1203 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2882), 
     relating to a report accounting for United States for 
     Cooperative Threat Reduction.
       (C) Section 1205 of the National Defense Authorization Act 
     for Fiscal Year 1995 (108 Stat. 2883; 10 U.S.C. 5952 note), 
     relating to multiyear planning and Allied support for 
     Cooperative Threat Reduction.
       (D) Section 1206 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 22 U.S.C. 5955 
     note), relating to accounting for United States assistance 
     for Cooperative Threat Reduction.
       (E) Section 1307 of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 795), 
     relating to a limitation on use of funds for Cooperative 
     Threat Reduction pending submittal of a multiyear plan.
       (2) Section 1312 of the National Defense Authorization Act 
     for Fiscal Year 2000 (113 Stat.

[[Page 14562]]

     796; 22 U.S.C. 5955 note), relating to Russian nonstrategic 
     nuclear arms, is amended--
       (A) by striking ``(a) Sense of Congress.--''; and
       (B) by striking subsections (b) and (c).

     SEC. 1208. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF A 
                   RUSSIAN FACILITY FOR THE DESTRUCTION OF 
                   CHEMICAL WEAPONS.

       Section 1305 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C. 
     5952 note) is amended to read as follows:

     ``SEC. 1305. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
                   DESTRUCTION.

       ``(a) Limitation.--No fiscal year 2000 Cooperative Threat 
     Reduction funds, and no funds appropriated for Cooperative 
     Threat Reduction programs after the date of the enactment of 
     this Act, may be obligated or expended for any fiscal year 
     for the purpose of the construction of the Shchuch'ye 
     chemical weapons destruction facility in Russia before the 
     date that is 30 days after the Secretary of Defense certifies 
     in writing to the Committees on Armed Services of the Senate 
     and the House of Representatives for that fiscal year that 
     each of the following conditions has been met:
       ``(1) That the government of the Russian Federation has 
     agreed to provide at least $25,000,000 annually for the 
     construction support and operation of the facility to destroy 
     chemical weapons and for the support and maintenance of the 
     facility for that purpose for each year of the entire 
     operating life-cycle of the facility.
       ``(2) That the government of the Russian Federation has 
     agreed to utilize the facility to destroy the remaining four 
     stockpiles of nerve agents, which are located at Kisner, 
     Pochep, Leonidovka, and Maradykovsky.
       ``(3) That the United States has obtained multiyear 
     commitments from governments of other countries to donate 
     funds for the support of essential social infrastructure 
     projects for Shchuch'ye in sufficient amounts to ensure that 
     the projects are adequately maintained during the entire 
     operating life-cycle of the facility.
       ``(4) That Russia has agreed to destroy its chemical 
     weapons production facilities at Volgograd and 
     Novocheboksark.
       ``(b) Timing of Certifications.--The certification under 
     subsection (a) for any fiscal year shall be submitted prior 
     to the obligation of funds in such fiscal year for the 
     purpose specified in that subsection.''.

     SEC. 1209. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF 
                   WEAPONS GRADE PLUTONIUM PROGRAM.

       Of the amounts authorized to be appropriated by this Act 
     for fiscal year 2001 for the Elimination of Weapons Grade 
     Plutonium Program, not more than 50 percent of such amounts 
     may be obligated or expended for the program in fiscal year 
     2001 until 30 days after the date on which the Secretary of 
     Defense submits to the Committees on Armed Services of the 
     Senate and House of Representatives a report on an agreement 
     between the United States Government and the Government of 
     the Russian Federation regarding a new option selected for 
     the shut down or conversion of the reactors of the Russian 
     Federation that produce weapons grade plutonium, including--
       (1) the new date on which such reactors will cease 
     production of weapons grade plutonium under such agreement by 
     reason of the shut down or conversion of such reactors; and
       (2) any cost-sharing arrangements between the United States 
     Government and the Government of the Russian Federation in 
     undertaking activities under such agreement.

     SEC. 1210. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS 
                   SOLDIERS.

       (a) Findings.--Congress finds that--
       (1) in the year 2000 approximately 300,000 individuals 
     under the age of 18 are participating in armed conflict in 
     more than 30 countries worldwide;
       (2) many of these children are forcibly conscripted through 
     kidnapping or coercion, while others join military units due 
     to economic necessity, to avenge the loss of a family member, 
     or for their own personal safety;
       (3) many military commanders frequently force child 
     soldiers to commit gruesome acts of ritual killings or 
     torture against their enemies, including against other 
     children;
       (4) many military commanders separate children from their 
     families in order to foster dependence on military units and 
     leaders, leaving children vulnerable to manipulation, deep 
     traumatization, and in need of psychological counseling and 
     rehabilitation;
       (5) child soldiers are exposed to hazardous conditions and 
     risk physical injuries, sexually transmitted diseases, 
     malnutrition, deformed backs and shoulders from carrying 
     overweight loads, and respiratory and skin infections;
       (6) many young female soldiers face the additional 
     psychological and physical horrors of rape and sexual abuse, 
     being enslaved for sexual purposes by militia commanders, and 
     forced to endure severe social stigma should they return 
     home;
       (7) children in northern Uganda continue to be kidnapped by 
     the Lords Resistance Army (LRA), which is supported and 
     funded by the Government of Sudan and which has committed and 
     continues to commit gross human rights violations in Uganda;
       (8) children in Sri Lanka have been forcibly recruited by 
     the opposition Tamil Tigers movement and forced to kill or be 
     killed in the armed conflict in that country;
       (9) an estimated 7,000 child soldiers have been involved in 
     the conflict in Sierra Leone, some as young as age 10, with 
     many being forced to commit extrajudicial executions, 
     torture, rape, and amputations for the rebel Revolutionary 
     United Front;
       (10) on January 21, 2000, in Geneva, a United Nations 
     Working Group, including representatives from more than 80 
     governments including the United States, reached consensus on 
     an optional protocol on the use of child soldiers;
       (11) this optional protocol will raise the international 
     minimum age for conscription and direct participation in 
     armed conflict to age eighteen, prohibit the recruitment and 
     use in armed conflict of persons under the age of eighteen by 
     non-governmental armed forces, encourage governments to raise 
     the minimum legal age for voluntary recruits above the 
     current standard of 15 and, commits governments to support 
     the demobilization and rehabilitation of child soldiers, and 
     when possible, to allocate resources to this purpose;
       (12) on October 29, 1998, United Nations Secretary General 
     Kofi Annan set minimum age requirements for United Nations 
     peacekeeping personnel that are made available by member 
     nations of the United Nations;
       (13) United Nations Under-Secretary General for Peace-
     keeping, Bernard Miyet, announced in the Fourth Committee of 
     the General Assembly that contributing governments of member 
     nations were asked not to send civilian police and military 
     observers under the age of 25, and that troops in national 
     contingents should preferably be at least 21 years of age but 
     in no case should they be younger than 18 years of age;
       (14) on August 25, 1999, the United Nations Security 
     Council unanimously passed Resolution 1261 (1999) condemning 
     the use of children in armed conflicts;
       (15) in addressing the Security Council, the Special 
     Representative of the Secretary General for Children and 
     Armed Conflict, Olara Otunnu, urged the adoption of a global 
     three-pronged approach to combat the use of children in armed 
     conflict, first to raise the age limit for recruitment and 
     participation in armed conflict from the present age of 15 to 
     the age of 18, second, to increase international pressure on 
     armed groups which currently abuse children, and third to 
     address the political, social, and economic factors which 
     create an environment where children are induced by appeal of 
     ideology or by socio-economic collapse to become child 
     soldiers;
       (16) the United States delegation to the United Nations 
     working group relating to child soldiers, which included 
     representatives from the Department of Defense, supported the 
     Geneva agreement on the optional protocol;
       (17) on May 25, 2000, the United Nations General Assembly 
     unanimously adopted the optional protocol on the use of child 
     soldiers;
       (18) the optional protocol was opened for signature on June 
     5, 2000; and
       (19) President Clinton has publicly announced his support 
     of the optional protocol and a speedy process of review and 
     signature.
       (b) Sense of Congress.--(1) Congress joins the 
     international community in--
       (A) condemning the use of children as soldiers by 
     governmental and nongovernmental armed forces worldwide; and
       (B) welcoming the optional protocol as a critical first 
     step in ending the use of children as soldiers.
       (2) It is the sense of Congress that--
       (A) it is essential that the President consult closely with 
     the Senate with the objective of building support for this 
     protocol, and the Senate move forward as expeditiously as 
     possible.
       (B) the President and Congress should work together to 
     enact a law that establishes a fund for the rehabilitation 
     and reintegration into society of child soldiers; and
        (C) the Departments of State and Defense should undertake 
     all possible efforts to persuade and encourage other 
     governments to ratify and endorse the new optional protocol 
     on the use of child soldiers.

     SEC. 1211. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS 
                   CONTROL AND REGIONAL SECURITY ISSUES.

       Of the amount authorized to be appropriated by section 
     301(5), up to $1,000,000 is available for the support of 
     programs to promote informal region-wide consultations among 
     Arab, Israeli, and United States officials and experts on 
     arms control and security issues concerning the Middle East 
     region.

     SEC. 1212. AUTHORITY TO CONSENT TO RETRANSFER OF ALTERNATIVE 
                   FORMER NAVAL VESSEL BY GOVERNMENT OF GREECE.

       Section 1012 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 740) is 
     amended--
       (1) in subsection (a), by inserting after ``HS Rodos (ex-
     USS BOWMAN COUNTY (LST 391))'' the following: ``, LST 325, or 
     any other former United States LST that is excess to the 
     needs of that government''; and
       (2) in subsection (b)(1), by inserting ``retransferred 
     under subsection (a)'' after ``the vessel''.

     SEC. 1213. UNITED STATES-RUSSIAN FEDERATION JOINT DATA 
                   EXCHANGE CENTER ON EARLY WARNING SYSTEMS AND 
                   NOTIFICATION OF MISSILE LAUNCHES.

       (a) Authority.--The Secretary of Defense is authorized to 
     establish, in conjunction with the Government of the Russian 
     Federation, a United States-Russian Federation joint center 
     for the exchange of data from early warning systems and for 
     notification of missile launches.
       (b) Specific Actions.--The actions that the Secretary 
     jointly undertakes for the establishment of the center may 
     include the renovation of a mutually agreed upon facility to 
     be made

[[Page 14563]]

     available by the Russian Federation and the provision of such 
     equipment and supplies as may be necessary to commence the 
     operation of the center.

     SEC. 1214. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE 
                   LEVELS OF HIGH PERFORMANCE COMPUTERS.

       (a) Layover Period for New Performance Levels.--Section 
     1211 of the National Defense Authorization Act for Fiscal 
     Year 1998 (50 U.S.C. App. 2404 note) is amended--
       (1) in the second sentence of subsection (d), by striking 
     ``180'' and inserting ``60''; and
       (2) by adding at the end the following:
       ``(g) Calculation of 60-Day Period.--The 60-day period 
     referred to in subsection (d) shall be calculated by 
     excluding the days on which either House of Congress is not 
     in session because of an adjournment of the Congress sine 
     die.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to any new composite theoretical performance 
     level established for purposes of section 1211(a) of the 
     National Defense Authorization Act for Fiscal Year 1998 that 
     is submitted by the President pursuant to section 1211(d) of 
     that Act on or after the date of the enactment of this Act.

   TITLE XIII--NAVY ACTIVITIES ON THE ISLAND OF VIEQUES, PUERTO RICO

     SEC. 1301. ASSISTANCE FOR ECONOMIC GROWTH ON VIEQUES.

       (a) Authority.--The President may provide economic 
     assistance under this section for the people and communities 
     of the island of Vieques.
       (b) Maximum Amount.--The total amount of economic 
     assistance provided under this section may, subject to 
     section 1303(b), be any amount up to $40,000,000.

     SEC. 1302. REQUIREMENT FOR REFERENDUM ON CONTINUATION OF NAVY 
                   TRAINING.

       (a) Referendum.--
       (1) Requirement.--The President shall, except as provided 
     in paragraph (2), provide for a referendum to be conducted on 
     the island of Vieques to determine by a majority of the votes 
     cast in the referendum by the Vieques electorate whether the 
     people of Vieques approve or disapprove of the continuation 
     of the conduct of live-fire training, and any other types of 
     training, by the Armed Forces at the Navy's training sites on 
     the island on the conditions described in subsection (d).
       (2) Exception.--If the Chief of Naval Operations and the 
     Commandant of the Marine Corps jointly submit to the 
     congressional defense committees, after the date of the 
     enactment of this Act and before the date set forth in 
     subsection (c), their certification that the Vieques Naval 
     Training Range is no longer needed for training by the Navy 
     and the Marine Corps, then the requirement for a referendum 
     under paragraph (1) shall cease to be effective on the date 
     on which the certification is submitted.
       (b) Prohibition of Other Propositions.--In a referendum 
     under this section, no proposition or option may be presented 
     as an alternative to the propositions of approval and of 
     disapproval of the continuation of the conduct of training as 
     described in subsection (a)(1).
       (c) Time for Referendum.--A referendum required under this 
     section shall be held on May 1, 2001, or within 270 days 
     before such date or 270 days after such date. The Secretary 
     of the Navy shall publicize the date set for the referendum 
     90 days before that date.
       (d) Required Training Conditions.--For the purposes of a 
     referendum under this section, the conditions for the 
     continuation of the conduct of training are those that are 
     proposed by the Secretary of the Navy and publicized on the 
     island of Vieques in connection with, and for a reasonable 
     period in advance of, the referendum. The conditions shall 
     include the following:
       (1) Live-fire training.--A condition that the training may 
     include live-fire training.
       (2) Maximum annual days of use.--A condition that the 
     training may be conducted on not more than 90 days each year.
       (e) Proclamation of Outcome.--Promptly after a referendum 
     is completed under this section, the President shall 
     determine, and issue a proclamation declaring, the outcome of 
     the referendum. The President's determination shall be final.
       (f) Vieques Electorate Defined.--In this section, the term 
     ``Vieques electorate'', with respect to a referendum under 
     this section, means the residents of the island of Vieques, 
     Puerto Rico, who, as of the date that is 180 days before the 
     date of the referendum, have an electoral domicile on, and 
     are duly registered to vote on, the island of Vieques under 
     the laws of the Commonwealth of Puerto Rico.

     SEC. 1303. ACTIONS IF TRAINING IS APPROVED.

       (a) Condition for Effectiveness.--This section shall take 
     effect on the date on which the President issues a 
     proclamation under subsection (e) of section 1302 declaring 
     that the continuation of the conduct of training (including 
     live-fire training) by the Armed Forces at the Navy's 
     training sites on the island of Vieques on the conditions 
     described in subsection (d) of that section is approved in a 
     referendum conducted under that section.
       (b) Additional Economic Assistance.--The President may 
     provide economic assistance for the people and communities of 
     the island of Vieques in a total amount up to $50,000,000 in 
     addition to the total amount of economic assistance 
     authorized to be provided under section 1301.

     SEC. 1304. REQUIREMENTS IF TRAINING IS NOT APPROVED OR 
                   MANDATE FOR REFERENDUM IS VITIATED.

       (a) Conditions for Effectiveness.--This section shall take 
     effect on the date on which either of the following occurs:
       (1) The President issues a proclamation under subsection 
     (e) of section 1302 declaring that the continuation of the 
     conduct of training (including live-fire training) by the 
     Armed Forces at the Navy's training sites on the island of 
     Vieques on the conditions described in subsection (d) of that 
     section is not approved in the referendum conducted under 
     that section.
       (2) The requirement for a referendum under section 1302 
     ceases to be effective under subsection (a)(2) of that 
     section.
       (b) Actions Required of Secretary of Defense.--The 
     Secretary of Defense--
       (1) shall, not later than May 1, 2003--
       (A) terminate all Navy and Marine Corps training operations 
     on the island of Vieques; and
       (B) terminate all Navy and Marine Corps operations at 
     Roosevelt Roads, Puerto Rico, that are related to the use of 
     the training range on the island of Vieques by the Navy and 
     the Marine Corps.
       (2) may relocate the units of the Armed Forces (other than 
     those of the reserve components) and activities of the 
     Department of Defense (including nonappropriated fund 
     activities) at Fort Buchanan, Puerto Rico, to Roosevelt 
     Roads, Puerto Rico, to ensure maximum utilization of 
     capacity;
       (3) shall close the Department of Defense installations and 
     facilities on the island of Vieques (other than properties 
     exempt from transfer under section 1305); and
       (4) shall, except as provided in section 1305, transfer to 
     the Secretary of the Interior--
       (A) the Live Impact Area on the island of Vieques;
       (B) all Department of Defense real properties on the 
     eastern side of that island that are identified as 
     conservation zones; and
       (C) all other Department of Defense real properties on the 
     eastern side of that island.
       (c) Actions Required of Secretary of the Interior.--The 
     Secretary of the Interior shall retain, and may not dispose 
     of any of, the properties transferred under subsection (b)(4) 
     pending the enactment of a law that addresses the disposition 
     of those properties.
       (d) GAO Review.--
       (1) Requirement for review.--The Comptroller General shall 
     review the requirement for the continued use of Fort Buchanan 
     by active Army forces and shall submit to the congressional 
     defense committees a report on the review. The report shall 
     contain the following:
       (A) Findings.--The findings resulting from the review.
       (B) Recommendations.--Recommendations regarding the closure 
     of Fort Buchanan and the consolidation of United States 
     military forces to Roosevelt Roads, Puerto Rico.
       (2) Time for submittal of report.--The Comptroller General 
     shall submit the report under paragraph (1) not later than 
     one year after the date of the referendum conducted under 
     section 1302 or the date on which a certification is 
     submitted to the congressional defense committees under 
     section 1302(a)(2), as the case may be.

     SEC. 1305. EXEMPT PROPERTY.

       (a) In General.--The Department of Defense properties and 
     property interests described in subsection (b) may not be 
     transferred out of the Department of Defense under this 
     title.
       (b) Properties Described.--The exemption under subsection 
     (a) applies to the following Department of Defense properties 
     and property interests on the island of Vieques:
       (1) ROTHR site.--The site for relocatable over-the-horizon 
     radar.
       (2) Telecommunications sites.--The Mount Pirata 
     telecommunications sites.
       (3) Associated interests.--Any easements, rights-of-way, 
     and other interests in property that the Secretary of Defense 
     determines necessary for--
       (A) ensuring access to the properties referred to in 
     paragraphs (1) and (2);
       (B) providing utilities for such properties;
       (C) ensuring the security of such properties; and
       (D) ensuring effective maintenance and operations on the 
     property.

     SEC. 1306. MORATORIUM ON IMPROVEMENTS AT FORT BUCHANAN.

       (a) In General.--Except as provided in subsection (b), no 
     acquisition, construction, conversion, rehabilitation, 
     extension, or improvement of any facility at Fort Buchanan, 
     Puerto Rico, may be initiated or continued on or after the 
     date of the enactment of this Act.
       (b) Exceptions.--The prohibition in subsection (a) does not 
     apply to the following:
       (1) Actions necessary to maintain the existing facilities 
     (including utilities) at Fort Buchanan.
       (2) The construction of reserve component facilities 
     authorized before the date of the enactment of this Act.
       (c) Termination.--This subsection shall cease to be 
     effective upon the issuance of a proclamation described in 
     section 1303(a).

     SEC. 1307. PROPERTY TRANSFERRED TO SECRETARY OF THE INTERIOR.

       (a) Transfers Required.--Not later than September 30, 2005, 
     the Secretary of Defense shall, except as provided in section 
     1305, transfer to the Secretary of the Interior all 
     Department of Defense real properties on the western part of 
     the island of Vieques that are identified as conservation 
     zones.
       (b) Administration of Properties as Wildlife Refuges.--The 
     Secretary of the Interior shall administer as wildlife 
     refuges under the National Wildlife Refuge System 
     Administration

[[Page 14564]]

     Act of 1966 (16 U.S.C. 668dd et seq.) all properties 
     transferred to the Secretary under this section.

     SEC. 1308. LIVE IMPACT AREA.

       (a) Responsibility for Live Impact Area.--Upon a 
     termination of Navy and Marine Corps training operations on 
     the island of Vieques under section 1304(b), and pending the 
     enactment of a law that addresses the disposition of the Live 
     Impact Area, the Secretary of the Interior shall assume 
     responsibility for the administration of the Live Impact Area 
     and deny public access to the area.
       (b) Live Impact Area Defined.--In this title, the term 
     ``Live Impact Area'' means the parcel of real property, 
     consisting of approximately 900 acres (more or less), on the 
     island of Vieques that is designated by the Secretary of the 
     Navy for targeting by live ordnance in the training of forces 
     of the Navy and Marine Corps.

           TITLE XIV--GOVERNMENT INFORMATION SECURITY REFORM

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Government Information 
     Security Act''.

     SEC. 1402. COORDINATION OF FEDERAL INFORMATION POLICY.

       Chapter 35 of title 44, United States Code, is amended by 
     inserting at the end the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3531. Purposes

       ``The purposes of this subchapter are to--
       ``(1) provide a comprehensive framework for establishing 
     and ensuring the effectiveness of controls over information 
     resources that support Federal operations and assets;
       ``(2)(A) recognize the highly networked nature of the 
     Federal computing environment including the need for Federal 
     Government interoperability and, in the implementation of 
     improved security management measures, assure that 
     opportunities for interoperability are not adversely 
     affected; and
       ``(B) provide effective governmentwide management and 
     oversight of the related information security risks, 
     including coordination of information security efforts 
     throughout the civilian, national security, and law 
     enforcement communities;
       ``(3) provide for development and maintenance of minimum 
     controls required to protect Federal information and 
     information systems; and
       ``(4) provide a mechanism for improved oversight of Federal 
     agency information security programs.

     ``Sec. 3532. Definitions

       ``(a) Except as provided under subsection (b), the 
     definitions under section 3502 shall apply to this 
     subchapter.
       ``(b) As used in this subchapter the term--
       ``(1) `information technology' has the meaning given that 
     term in section 5002 of the Clinger-Cohen Act of 1996 (40 
     U.S.C. 1401); and
       ``(2) `mission critical system' means any 
     telecommunications or information system used or operated by 
     an agency or by a contractor of an agency, or other 
     organization on behalf of an agency, that--
       ``(A) is defined as a national security system under 
     section 5142 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
     1452);
       ``(B) is protected at all times by procedures established 
     for information which has been specifically authorized under 
     criteria established by an Executive order or an Act of 
     Congress to be classified in the interest of national defense 
     or foreign policy; or
       ``(C) processes any information, the loss, misuse, 
     disclosure, or unauthorized access to or modification of, 
     would have a debilitating impact on the mission of an agency.

     ``Sec. 3533. Authority and functions of the Director

       ``(a)(1) The Director shall establish governmentwide 
     policies for the management of programs that--
       ``(A) support the cost-effective security of Federal 
     information systems by promoting security as an integral 
     component of each agency's business operations; and
       ``(B) include information technology architectures as 
     defined under section 5125 of the Clinger-Cohen Act of 1996 
     (40 U.S.C. 1425).
       ``(2) Policies under this subsection shall--
       ``(A) be founded on a continuing risk management cycle that 
     recognizes the need to--
       ``(i) identify, assess, and understand risk; and
       ``(ii) determine security needs commensurate with the level 
     of risk;
       ``(B) implement controls that adequately address the risk;
       ``(C) promote continuing awareness of information security 
     risk; and
       ``(D) continually monitor and evaluate policy and control 
     effectiveness of information security practices.
       ``(b) The authority under subsection (a) includes the 
     authority to--
       ``(1) oversee and develop policies, principles, standards, 
     and guidelines for the handling of Federal information and 
     information resources to improve the efficiency and 
     effectiveness of governmental operations, including 
     principles, policies, and guidelines for the implementation 
     of agency responsibilities under applicable law for ensuring 
     the privacy, confidentiality, and security of Federal 
     information;
       ``(2) consistent with the standards and guidelines 
     promulgated under section 5131 of the Clinger-Cohen Act of 
     1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer 
     Security Act of 1987 (40 U.S.C. 1441 note; Public Law 100-
     235; 101 Stat. 1729), require Federal agencies to identify 
     and afford security protections commensurate with the risk 
     and magnitude of the harm resulting from the loss, misuse, or 
     unauthorized access to or modification of information 
     collected or maintained by or on behalf of an agency;
       ``(3) direct the heads of agencies to--
       ``(A) identify, use, and share best security practices;
       ``(B) develop an agency-wide information security plan;
       ``(C) incorporate information security principles and 
     practices throughout the life cycles of the agency's 
     information systems; and
       ``(D) ensure that the agency's information security plan is 
     practiced throughout all life cycles of the agency's 
     information systems;
       ``(4) oversee the development and implementation of 
     standards and guidelines relating to security controls for 
     Federal computer systems by the Secretary of Commerce through 
     the National Institute of Standards and Technology under 
     section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
     1441) and section 20 of the National Institute of Standards 
     and Technology Act (15 U.S.C. 278g-3);
       ``(5) oversee and coordinate compliance with this section 
     in a manner consistent with--
       ``(A) sections 552 and 552a of title 5;
       ``(B) sections 20 and 21 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4);
       ``(C) section 5131 of the Clinger-Cohen Act of 1996 (40 
     U.S.C. 1441);
       ``(D) sections 5 and 6 of the Computer Security Act of 1987 
     (40 U.S.C. 1441 note; Public Law 100-235; 101 Stat. 1729); 
     and
       ``(E) related information management laws; and
       ``(6) take any authorized action under section 5113(b)(5) 
     of the Clinger-Cohen Act of 1996 (40 U.S.C. 1413(b)(5)) that 
     the Director considers appropriate, including any action 
     involving the budgetary process or appropriations management 
     process, to enforce accountability of the head of an agency 
     for information resources management, including the 
     requirements of this subchapter, and for the investments made 
     by the agency in information technology, including--
       ``(A) recommending a reduction or an increase in any amount 
     for information resources that the head of the agency 
     proposes for the budget submitted to Congress under section 
     1105(a) of title 31;
       ``(B) reducing or otherwise adjusting apportionments and 
     reapportionments of appropriations for information resources; 
     and
       ``(C) using other authorized administrative controls over 
     appropriations to restrict the availability of funds for 
     information resources.
       ``(c) The authorities of the Director under this section 
     may be delegated--
       ``(1) to the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President in the case of systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2); and
       ``(2) in the case of all other Federal information systems, 
     only to the Deputy Director for Management of the Office of 
     Management and Budget.

     ``Sec. 3534. Federal agency responsibilities

       ``(a) The head of each agency shall--
       ``(1) be responsible for--
       ``(A) adequately ensuring the integrity, confidentiality, 
     authenticity, availability, and nonrepudiation of information 
     and information systems supporting agency operations and 
     assets;
       ``(B) developing and implementing information security 
     policies, procedures, and control techniques sufficient to 
     afford security protections commensurate with the risk and 
     magnitude of the harm resulting from unauthorized disclosure, 
     disruption, modification, or destruction of information 
     collected or maintained by or for the agency; and
       ``(C) ensuring that the agency's information security plan 
     is practiced throughout the life cycle of each agency system;
       ``(2) ensure that appropriate senior agency officials are 
     responsible for--
       ``(A) assessing the information security risks associated 
     with the operations and assets for programs and systems over 
     which such officials have control;
       ``(B) determining the levels of information security 
     appropriate to protect such operations and assets; and
       ``(C) periodically testing and evaluating information 
     security controls and techniques;
       ``(3) delegate to the agency Chief Information Officer 
     established under section 3506, or a comparable official in 
     an agency not covered by such section, the authority to 
     administer all functions under this subchapter including--
       ``(A) designating a senior agency information security 
     official who shall report to the Chief Information Officer or 
     a comparable official;
       ``(B) developing and maintaining an agencywide information 
     security program as required under subsection (b);
       ``(C) ensuring that the agency effectively implements and 
     maintains information security policies, procedures, and 
     control techniques;
       ``(D) training and overseeing personnel with significant 
     responsibilities for information security with respect to 
     such responsibilities; and
       ``(E) assisting senior agency officials concerning 
     responsibilities under paragraph (2);
       ``(4) ensure that the agency has trained personnel 
     sufficient to assist the agency in complying with the 
     requirements of this subchapter and related policies, 
     procedures, standards, and guidelines; and
       ``(5) ensure that the agency Chief Information Officer, in 
     coordination with senior agency officials, periodically--

[[Page 14565]]

       ``(A)(i) evaluates the effectiveness of the agency 
     information security program, including testing control 
     techniques; and
       ``(ii) implements appropriate remedial actions based on 
     that evaluation; and
       ``(B) reports to the agency head on--
       ``(i) the results of such tests and evaluations; and
       ``(ii) the progress of remedial actions.
       ``(b)(1) Each agency shall develop and implement an 
     agencywide information security program to provide 
     information security for the operations and assets of the 
     agency, including operations and assets provided or managed 
     by another agency.
       ``(2) Each program under this subsection shall include--
       ``(A) periodic risk assessments that consider internal and 
     external threats to--
       ``(i) the integrity, confidentiality, and availability of 
     systems; and
       ``(ii) data supporting critical operations and assets;
       ``(B) policies and procedures that--
       ``(i) are based on the risk assessments required under 
     subparagraph (A) that cost-effectively reduce information 
     security risks to an acceptable level; and
       ``(ii) ensure compliance with--
       ``(I) the requirements of this subchapter;
       ``(II) policies and procedures as may be prescribed by the 
     Director; and
       ``(III) any other applicable requirements;
       ``(C) security awareness training to inform personnel of--
       ``(i) information security risks associated with the 
     activities of personnel; and
       ``(ii) responsibilities of personnel in complying with 
     agency policies and procedures designed to reduce such risks;
       ``(D)(i) periodic management testing and evaluation of the 
     effectiveness of information security policies and 
     procedures; and
       ``(ii) a process for ensuring remedial action to address 
     any significant deficiencies; and
       ``(E) procedures for detecting, reporting, and responding 
     to security incidents, including--
       ``(i) mitigating risks associated with such incidents 
     before substantial damage occurs;
       ``(ii) notifying and consulting with law enforcement 
     officials and other offices and authorities;
       ``(iii) notifying and consulting with an office designated 
     by the Administrator of General Services within the General 
     Services Administration; and
       ``(iv) notifying and consulting with an office designated 
     by the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President for incidents involving systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2).
       ``(3) Each program under this subsection is subject to the 
     approval of the Director and is required to be reviewed at 
     least annually by agency program officials in consultation 
     with the Chief Information Officer. In the case of systems 
     described under subparagraphs (A) and (B) of section 
     3532(b)(2), the Director shall delegate approval authority 
     under this paragraph to the Secretary of Defense, the 
     Director of Central Intelligence, and other agency head as 
     designated by the President.
       ``(c)(1) Each agency shall examine the adequacy and 
     effectiveness of information security policies, procedures, 
     and practices in plans and reports relating to--
       ``(A) annual agency budgets;
       ``(B) information resources management under the Paperwork 
     Reduction Act of 1995 (44 U.S.C. 101 note);
       ``(C) performance and results based management under the 
     Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.);
       ``(D) program performance under sections 1105 and 1115 
     through 1119 of title 31, and sections 2801 through 2805 of 
     title 39; and
       ``(E) financial management under--
       ``(i) chapter 9 of title 31, United States Code, and the 
     Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; 
     Public Law 101-576) (and the amendments made by that Act);
       ``(ii) the Federal Financial Management Improvement Act of 
     1996 (31 U.S.C. 3512 note) (and the amendments made by that 
     Act); and
       ``(iii) the internal controls conducted under section 3512 
     of title 31.
       ``(2) Any significant deficiency in a policy, procedure, or 
     practice identified under paragraph (1) shall be reported as 
     a material weakness in reporting required under the 
     applicable provision of law under paragraph (1).
       ``(d)(1) In addition to the requirements of subsection (c), 
     each agency, in consultation with the Chief Information 
     Officer, shall include as part of the performance plan 
     required under section 1115 of title 31 a description of--
       ``(A) the time periods; and
       ``(B) the resources, including budget, staffing, and 
     training,

     which are necessary to implement the program required under 
     subsection (b)(1).
       ``(2) The description under paragraph (1) shall be based on 
     the risk assessment required under subsection (b)(2)(A).

     ``Sec. 3535. Annual independent evaluation

       ``(a)(1) Each year each agency shall have performed an 
     independent evaluation of the information security program 
     and practices of that agency.
       ``(2) Each evaluation under this section shall include--
       ``(A) an assessment of compliance with--
       ``(i) the requirements of this subchapter; and
       ``(ii) related information security policies, procedures, 
     standards, and guidelines; and
       ``(B) tests of the effectiveness of information security 
     control techniques.
       ``(3) The Inspector General or the independent evaluator 
     performing an evaluation under this section including the 
     Comptroller General may use any audit, evaluation, or report 
     relating to programs or practices of the applicable agency.
       ``(b)(1)(A) Subject to subparagraph (B), for agencies with 
     Inspectors General appointed under the Inspector General Act 
     of 1978 (5 U.S.C. App.) or any other law, the annual 
     evaluation required under this section or, in the case of 
     systems described under subparagraphs (A) and (B) of section 
     3532(b)(2), an audit of the annual evaluation required under 
     this section, shall be performed by the Inspector General or 
     by an independent evaluator, as determined by the Inspector 
     General of the agency.
       ``(B) For systems described under subparagraphs (A) and (B) 
     of section 3532(b)(2), the evaluation required under this 
     section shall be performed only by an entity designated by 
     the Secretary of Defense, the Director of Central 
     Intelligence, or other agency head as designated by the 
     President.
       ``(2) For any agency to which paragraph (1) does not apply, 
     the head of the agency shall contract with an independent 
     evaluator to perform the evaluation.
       ``(3) An evaluation of agency information security programs 
     and practices performed by the Comptroller General may be in 
     lieu of the evaluation required under this section.
       ``(c) Not later than 1 year after the date of enactment of 
     this subchapter, and on that date every year thereafter, the 
     applicable agency head shall submit to the Director--
       ``(1) the results of each evaluation required under this 
     section, other than an evaluation of a system described under 
     subparagraph (A) or (B) of section 3532(b)(2); and
       ``(2) the results of each audit of an evaluation required 
     under this section of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2).
       ``(d)(1) Each year the Comptroller General shall review--
       ``(A) the evaluations required under this section (other 
     than an evaluation of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2));
       ``(B) the results of each audit of an evaluation required 
     under this section of a system described under subparagraph 
     (A) or (B) of section 3532(b)(2); and
       ``(C) other information security evaluation results.
       ``(2) The Comptroller General shall report to Congress 
     regarding the results of the review required under paragraph 
     (1) and the adequacy of agency information programs and 
     practices.
       ``(3) Evaluations and audits of evaluations of systems 
     under the authority and control of the Director of Central 
     Intelligence and evaluations and audits of evaluation of 
     National Foreign Intelligence Programs systems under the 
     authority and control of the Secretary of Defense--
       ``(A) shall not be provided to the Comptroller General 
     under this subsection; and
       ``(B) shall be made available only to the appropriate 
     oversight committees of Congress, in accordance with 
     applicable laws.
       ``(e) Agencies and evaluators shall take appropriate 
     actions to ensure the protection of information, the 
     disclosure of which may adversely affect information 
     security. Such protections shall be commensurate with the 
     risk and comply with all applicable laws.''.

     SEC. 1403. RESPONSIBILITIES OF CERTAIN AGENCIES.

       (a) Department of Commerce.--Notwithstanding section 20 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278g-3) and except as provided under subsection (b), 
     the Secretary of Commerce, through the National Institute of 
     Standards and Technology and with technical assistance from 
     the National Security Agency, as required or when requested, 
     shall--
       (1) develop, issue, review, and update standards and 
     guidance for the security of Federal information systems, 
     including development of methods and techniques for security 
     systems and validation programs;
       (2) develop, issue, review, and update guidelines for 
     training in computer security awareness and accepted computer 
     security practices, with assistance from the Office of 
     Personnel Management;
       (3) provide agencies with guidance for security planning to 
     assist in the development of applications and system security 
     plans for such agencies;
       (4) provide guidance and assistance to agencies concerning 
     cost-effective controls when interconnecting with other 
     systems; and
       (5) evaluate information technologies to assess security 
     vulnerabilities and alert Federal agencies of such 
     vulnerabilities as soon as those vulnerabilities are known.
       (b) Department of Defense and the Intelligence Community.--
       (1) In general.--Notwithstanding section 3533 of title 44, 
     United States Code (as added by section 1402 of this Act), 
     the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President, shall, consistent with their respective 
     authorities--
       (A) develop and issue information security policies, 
     standards, and guidelines for systems described under 
     subparagraphs (A) and (B) of section 3532(b)(2) of title 44, 
     United States Code (as added by section 1402 of this Act), 
     that provide more stringent protection than the policies, 
     principles, standards, and guidelines required under section 
     3533 of such title; and

[[Page 14566]]

       (B) ensure the implementation of the information security 
     policies, principles, standards, and guidelines described 
     under subparagraph (A).
       (2) Measures addressed.--The policies, principles, 
     standards, and guidelines developed by the Secretary of 
     Defense and the Director of Central Intelligence under 
     paragraph (1) shall address the full range of information 
     assurance measures needed to protect and defend Federal 
     information and information systems by ensuring their 
     integrity, confidentiality, authenticity, availability, and 
     nonrepudiation.
       (c) Department of Justice.--The Department of Justice shall 
     review and update guidance to agencies on--
       (1) legal remedies regarding security incidents and ways to 
     report to and work with law enforcement agencies concerning 
     such incidents; and
       (2) lawful uses of security techniques and technologies.
       (d) General Services Administration.--The General Services 
     Administration shall--
       (1) review and update General Services Administration 
     guidance to agencies on addressing security considerations 
     when acquiring information technology; and
       (2) assist agencies in--
       (A) fulfilling agency responsibilities under section 
     3534(b)(2)(E) of title 44, United States Code (as added by 
     section 1402 of this Act); and
       (B) the acquisition of cost-effective security products, 
     services, and incident response capabilities.
       (e) Office of Personnel Management.--The Office of 
     Personnel Management shall--
       (1) review and update Office of Personnel Management 
     regulations concerning computer security training for Federal 
     civilian employees;
       (2) assist the Department of Commerce in updating and 
     maintaining guidelines for training in computer security 
     awareness and computer security best practices; and
       (3) work with the National Science Foundation and other 
     agencies on personnel and training initiatives (including 
     scholarships and fellowships, as authorized by law) as 
     necessary to ensure that the Federal Government--
       (A) has adequate sources of continuing information security 
     education and training available for employees; and
       (B) has an adequate supply of qualified information 
     security professionals to meet agency needs.
       (f) Information Security Policies, Principles, Standards, 
     and Guidelines.--
       (1) In general.--Notwithstanding any provision of this 
     title (including any amendment made by this title)--
       (A) the Secretary of Defense, the Director of Central 
     Intelligence, and other agency head as designated by the 
     President shall develop such policies, principles, standards, 
     and guidelines for mission critical systems subject to their 
     control;
       (B) the policies, principles, standards, and guidelines 
     developed by the Secretary of Defense, the Director of 
     Central Intelligence, and other agency head as designated by 
     the President may be adopted, to the extent that such 
     policies are consistent with policies and guidance developed 
     by the Director of the Office of Management and Budget and 
     the Secretary of Commerce--
       (i) by the Director of the Office of Management and Budget, 
     as appropriate, to the mission critical systems of all 
     agencies; or
       (ii) by an agency head, as appropriate, to the mission 
     critical systems of that agency; and
       (C) to the extent that such policies are consistent with 
     policies and guidance developed by the Director of the Office 
     of Management and Budget and the Secretary of Commerce, an 
     agency may develop and implement information security 
     policies, principles, standards, and guidelines that provide 
     more stringent protection than those required under section 
     3533 of title 44, United States Code (as added by section 
     1402 of this Act), or subsection (a) of this section.
       (2) Measures addressed.--The policies, principles, 
     standards, and guidelines developed by the Secretary of 
     Defense and the Director of Central Intelligence under 
     paragraph (1) shall address the full range of information 
     assurance measures needed to protect and defend Federal 
     information and information systems by ensuring their 
     integrity, confidentiality, authenticity, availability, and 
     nonrepudiation.
       (g) Atomic Energy Act of 1954.--Nothing in this title 
     (including any amendment made by this title) shall supersede 
     any requirement made by or under the Atomic Energy Act of 
     1954 (42 U.S.C. 2011 et seq.). Restricted Data or Formerly 
     Restricted Data shall be handled, protected, classified, 
     downgraded, and declassified in conformity with the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.).

     SEC. 1404. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended--
       (1) in the table of sections--
       (A) by inserting after the chapter heading the following:

             ``SUBCHAPTER I--FEDERAL INFORMATION POLICY'';

     and
       (B) by inserting after the item relating to section 3520 
     the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

``Sec.
``3531. Purposes.
``3532. Definitions.
``3533. Authority and functions of the Director.
``3534. Federal agency responsibilities.
``3535. Annual independent evaluation.'';

     and
       (2) by inserting before section 3501 the following:

             ``SUBCHAPTER I--FEDERAL INFORMATION POLICY''.

       (b) References to Chapter 35.--Chapter 35 of title 44, 
     United States Code, is amended--
       (1) in section 3501--
       (A) in the matter preceding paragraph (1), by striking 
     ``chapter'' and inserting ``subchapter''; and
       (B) in paragraph (11), by striking ``chapter'' and 
     inserting ``subchapter'';
       (2) in section 3502, in the matter preceding paragraph (1), 
     by striking ``chapter'' and inserting ``subchapter'';
       (3) in section 3503, in subsection (b), by striking 
     ``chapter'' and inserting ``subchapter'';
       (4) in section 3504--
       (A) in subsection (a)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (d)(2), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (C) in subsection (f)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (5) in section 3505--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``chapter'' and inserting ``subchapter'';
       (B) in subsection (a)(2), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (C) in subsection (a)(3)(B)(iii), by striking ``chapter'' 
     and inserting ``subchapter'';
       (6) in section 3506--
       (A) in subsection (a)(1)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (a)(2)(A), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (a)(2)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (a)(3)--
       (i) in the first sentence, by striking ``chapter'' and 
     inserting ``subchapter''; and
       (ii) in the second sentence, by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (b)(4), by striking ``chapter'' and 
     inserting ``subchapter'';
       (F) in subsection (c)(1), by striking ``chapter, to'' and 
     inserting ``subchapter, to''; and
       (G) in subsection (c)(1)(A), by striking ``chapter'' and 
     inserting ``subchapter'';
       (7) in section 3507--
       (A) in subsection (e)(3)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (B) in subsection (h)(2)(B), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (h)(3), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (j)(1)(A)(i), by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (j)(1)(B), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (F) in subsection (j)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (8) in section 3509, by striking ``chapter'' and inserting 
     ``subchapter'';
       (9) in section 3512--
       (A) in subsection (a), by striking ``chapter if'' and 
     inserting ``subchapter if''; and
       (B) in subsection (a)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (10) in section 3514--
       (A) in subsection (a)(1)(A), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (B) in subsection (a)(2)(A)(ii), by striking ``chapter'' 
     and inserting ``subchapter'' each place it appears;
       (11) in section 3515, by striking ``chapter'' and inserting 
     ``subchapter'';
       (12) in section 3516, by striking ``chapter'' and inserting 
     ``subchapter'';
       (13) in section 3517(b), by striking ``chapter'' and 
     inserting ``subchapter'';
       (14) in section 3518--
       (A) in subsection (a), by striking ``chapter'' and 
     inserting ``subchapter'' each place it appears;
       (B) in subsection (b), by striking ``chapter'' and 
     inserting ``subchapter'';
       (C) in subsection (c)(1), by striking ``chapter'' and 
     inserting ``subchapter'';
       (D) in subsection (c)(2), by striking ``chapter'' and 
     inserting ``subchapter'';
       (E) in subsection (d), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (F) in subsection (e), by striking ``chapter'' and 
     inserting ``subchapter''; and
       (15) in section 3520, by striking ``chapter'' and inserting 
     ``subchapter''.

     SEC. 1405. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 30 days after the date of enactment of this Act.

        TITLE XV--LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2000

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Local Law Enforcement 
     Enhancement Act of 2000''.

     SEC. 1502. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, or disability of the victim poses a 
     serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.

[[Page 14567]]

       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) The prominent characteristic of a violent crime 
     motivated by bias is that it devastates not just the actual 
     victim and the victim's family and friends, but frequently 
     savages the community sharing the traits that caused the 
     victim to be selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including--
       (A) by impeding the movement of members of targeted groups 
     and forcing such members to move across State lines to escape 
     the incidence or risk of such violence; and
       (B) by preventing members of targeted groups from 
     purchasing goods and services, obtaining or sustaining 
     employment or participating in other commercial activity.
       (7) Perpetrators cross State lines to commit such violence.
       (8) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (9) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (10) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (11) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (12) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (13) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States and local 
     jurisdictions.

     SEC. 1503. DEFINITION OF HATE CRIME.

       In this title, the term ``hate crime'' has the same meaning 
     as in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note).

     SEC. 1504. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of a law enforcement 
     official of a State or Indian tribe, the Attorney General may 
     provide technical, forensic, prosecutorial, or any other form 
     of assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (B) constitutes a felony under the laws of the State or 
     Indian tribe; and
       (C) is motivated by prejudice based on the victim's race, 
     color, religion, national origin, gender, sexual orientation, 
     or disability or is a violation of the hate crime laws of the 
     State or Indian tribe.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than 1 State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     assist State, local, and Indian law enforcement officials 
     with the extraordinary expenses associated with the 
     investigation and prosecution of hate crimes. In implementing 
     the grant program, the Office of Justice Programs shall work 
     closely with the funded jurisdictions to ensure that the 
     concerns and needs of all affected parties, including 
     community groups and schools, colleges, and universities, are 
     addressed through the local infrastructure developed under 
     the grants.
       (2)  Application.--
       (A) In general.--Each State desiring a grant under this 
     subsection shall submit an application to the Attorney 
     General at such time, in such manner, and accompanied by or 
     containing such information as the Attorney General shall 
     reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State or political subdivision of a 
     State or tribal official applying for assistance under this 
     subsection shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, political subdivision, or 
     Indian tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, political subdivision, or tribal 
     official has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 30 business days after the date on 
     which the Attorney General receives the application.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction within a 1 year 
     period.
       (5) Report.--Not later than December 31, 2001, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2001 and 2002.

     SEC. 1505. GRANT PROGRAM.

       (a) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State and local programs designed to combat 
     hate crimes committed by juveniles, including programs to 
     train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1506. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE AND LOCAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of the Treasury and the Department of Justice, including the 
     Community Relations Service, for fiscal years 2001, 2002, and 
     2003 such sums as are necessary to increase the number of 
     personnel to prevent and respond to alleged violations of 
     section 249 of title 18, United States Code (as added by this 
     title).

     SEC. 1507. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A) the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or

[[Page 14568]]

       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) he or she has reasonable cause to believe that the 
     actual or perceived race, color, religion, national origin, 
     gender, sexual orientation, or disability of any person was a 
     motivating factor underlying the alleged conduct of the 
     defendant; and
       ``(2) he or his designee or she or her designee has 
     consulted with State or local law enforcement officials 
     regarding the prosecution and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given the term in section 232 of this title; and
       ``(2) the term `firearm' has the meaning given the term in 
     section 921(a) of this title.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. 1508. DUTIES OF FEDERAL SENTENCING COMMISSION.

       (a) Amendment of Federal Sentencing Guidelines.--Pursuant 
     to its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall study the 
     issue of adult recruitment of juveniles to commit hate crimes 
     and shall, if appropriate, amend the Federal sentencing 
     guidelines to provide sentencing enhancements (in addition to 
     the sentencing enhancement provided for the use of a minor 
     during the commission of an offense) for adult defendants who 
     recruit juveniles to assist in the commission of hate crimes.
       (b) Consistency With Other Guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (1) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (2) avoid duplicative punishments for substantially the 
     same offense.

     SEC. 1509. STATISTICS.

       Subsection (b)(1) of the first section of the Hate Crimes 
     Statistics Act (28 U.S.C. 534 note) is amended by inserting 
     ``gender,'' after ``race,''.

     SEC. 1510. SEVERABILITY.

       If any provision of this title, an amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be unconstitutional, 
     the remainder of this title, the amendments made by this 
     title, and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

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

                            TITLE XXI--ARMY

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

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

                     Army: Inside the United States
------------------------------------------------------------------------
            State               Installation or location      Amount
------------------------------------------------------------------------
Alabama......................  Redstone Arsenal.........     $23,400,000
Alaska.......................  Fort Richardson..........      $3,000,000
Arizona......................  Fort Huachuca............      $1,250,000
California...................  Fort Irwin...............     $31,000,000
Georgia......................  Fort Benning.............     $15,800,000
Hawaii.......................  Pohakuloa Training Range.     $32,000,000
                               Wheeler Army Air Field...     $43,800,000
Kansas.......................  Fort Riley...............     $22,000,000
Maryland.....................  Aberdeen Proving Ground..      $3,100,000
                               Fort Meade...............     $19,000,000
Missouri.....................  Fort Leonard Wood........     $61,200,000
North Carolina...............  Fort Bragg...............    $222,200,000
                               Sunny Point Military           $2,300,000
                                Ocean Terminal.
Ohio.........................  Columbus.................      $1,832,000
Oklahoma.....................  Fort Sill................     $10,100,000
Pennsylvania.................  Carlisle Barracks........     $10,500,000
                               New Cumberland Army Depot      $3,700,000
Texas........................  Fort Bliss...............     $26,000,000
                               Fort Hood................     $26,000,000
                               Red River Army Depot.....        $800,000
Virginia.....................  Fort Eustis..............      $4,450,000
                                                         ---------------
                                 Total:.................    $563,432,000
------------------------------------------------------------------------

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

                     Army: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Germany........................  Area Support Group,         $11,650,000
                                  Bamberg.
                                 Area Support Group,         $11,300,000
                                  Darmstadt.
                                 Kaiserslautern.........      $3,400,000
                                 Mannheim...............      $4,050,000
Korea..........................  Camp Humphreys.........     $14,200,000
                                 Camp Page..............     $19,500,000
                                                         ---------------
                                   Total:...............     $64,100,000
------------------------------------------------------------------------

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

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


[[Page 14569]]

     SEC. 2102. FAMILY HOUSING.

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

                                              Army: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or County              Installation or location             Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................  Fort Wainwright..........  72 Units.....................     $24,000,000
Arizona...............................  Fort Huachuca............  110 Units....................     $16,224,000
Hawaii................................  Schofield Barracks.......  72 Units.....................     $15,500,000
Kentucky..............................  Fort Campbell............  56 Units.....................      $7,800,000
                                        Fort Campbell............  128 Units....................     $20,000,000
Maryland..............................  Fort Detrick.............  48 Units.....................      $5,600,000
North Carolina........................  Fort Bragg...............  112 Units....................     $14,600,000
South Carolina........................  Fort Jackson.............  1 Unit.......................        $250,000
Texas.................................  Fort Bliss...............  64 Units.....................     $10,200,000
                                        Fort Sam Houston.........  80 Units.....................     $10,000,000
Korea.................................  Camp Humphreys...........  60 Units.....................     $21,800,000
                                                                                                 ---------------
                                          Total:.................  .............................    $145,974,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(6)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $8,742,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(6)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $63,590,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) In General.--Subject to subsection (c), funds are 
     hereby authorized to be appropriated for fiscal years 
     beginning after September 30, 2000, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Army in the total amount 
     of $1,978,295,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $372,832,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $64,100,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2101(c), 
     $11,500,000.
       (4) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $15,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $97,482,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $218,306,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $978,275,000.
       (7) For the construction of the Ammunition Demilitarization 
     Facility, Pine Bluff Arsenal, Arkansas, authorized in section 
     2401(a) of the Military Construction Authorization Act for 
     Fiscal Year 1995 (division B of Public Law 103-337; 108 Stat. 
     3040), as amended by section 2407 of the Military 
     Construction Authorization Act for Fiscal Year 1996 (division 
     B of Public Law 104-106; 110 Stat. 539), section 2408 of the 
     Military Construction Authorization Act for Fiscal Year 1998 
     (division B of Public Law 105-85; 111 Stat. 1982), and 
     section 2406 of the Military Construction Authorization Act 
     for Fiscal Year 1999 (division B of Public Law 105-261; 112 
     Stat. 2197), $43,600,000.
       (8) For the construction of the Ammunition Demilitarization 
     Facility Phase 6, Umatilla Army Depot, Oregon, authorized in 
     section 2401(a) of the Military Construction Authorization 
     Act for Fiscal Year 1995, as amended by section 2407 of the 
     Military Construction Authorization Act for Fiscal Year 1996, 
     section 2408 of the Military Construction Authorization Act 
     for Fiscal Year 1998, and section 2406 of the Military 
     Construction Authorization Act for Fiscal Year 1999, 
     $9,400,000.
       (9) For the construction of the Ammunition Demilitarization 
     Facility Phase 2, Pueblo Army Depot, Colorado, authorized in 
     section 2401(a) of the Military Construction Authorization 
     Act for Fiscal Year 1997 (division B of Public Law 104-201; 
     110 Stat. 2775), as amended by section 2406 of the Military 
     Construction Authorization Act for Fiscal Year 2000 (division 
     B of Public Law 106-65; 113 Stat. 839), $10,700,000.
       (10) For the construction of the Ammunition 
     Demilitarization Facility Phase 3, Newport Army Depot, 
     Indiana, authorized in section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1999 (112 
     Stat. 2193), $54,400,000.
       (11) For the construction of the Ammunition 
     Demilitarization Facility phase 3, Aberdeen Proving Ground, 
     Maryland, authorized in section 2401(a) of the Military 
     Construction Authorization Act for Fiscal Year 1999, 
     $45,700,000.
       (12) For the construction of the railhead facility, Fort 
     Hood, Texas, authorized in section 2101(a) of the Military 
     Construction Authorization Act for Fiscal Year 1999, as 
     amended by section 2106 of this Act, $9,800,000.
       (13) For the construction of a Barracks Complex--Infantry 
     Drive Phase 1C, Fort Riley, Kansas, authorized in section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 1999, as amended by section 2106 of this Act, 
     $10,000,000.
       (14) For the construction of a Multipurpose Digital Range 
     Phase 3, Fort Knox, Kentucky, authorized in section 2101(a) 
     of the Military Construction Authorization Act for Fiscal 
     Year 1999, $600,000.
       (15) For the construction of the Chemical Defense 
     Qualification Facility, Pine Bluff Arsenal, Arkansas, 
     authorized in section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (113 Stat. 825), 
     $2,592,000.
       (16) For the construction of a Barracks Complex--Wilson 
     Street Phase 1B, Schofield Barracks, Hawaii, authorized in 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2000, $22,400,000.
       (17) For the construction of the Ammunition 
     Demilitarization Support Phase 2, Blue Grass Army Depot, 
     Kentucky, authorized in section 2401(a) the Military 
     Construction Act for Fiscal Year 2000 (113 Stat. 836), 
     $8,500,000.
       (18) For the construction of a Barracks Complex--Tagaytay 
     Street Phase 2B, Fort Bragg, North Carolina, authorized in 
     section 2101(a) of the Military Construction Act for Fiscal 
     Year 2000, $3,108,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variations authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $22,600,000 (the balance of the amount authorized under 
     section 2101(a) for the construction of a Basic Training 
     Complex at Fort Leonard Wood, Missouri);
       (3) $10,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a Multipurpose Digital 
     Training Range at Fort Hood, Texas);
       (4) $34,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex, 
     Longstreet Road Phase I at Fort Bragg, North Carolina);
       (5) $104,000,000 (the balance of the amount authorized 
     under section 2101(a) for the construction of a barracks 
     complex, Bunter Road Phase I at Fort Bragg, North Carolina); 
     and
       (6) $20,000,000 (the balance of the amount authorized under 
     section 2101(a) for the construction of Saddle Access Road, 
     Pohakuloa Training Facility, Hawaii).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (18) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by those paragraphs, reduced by $20,546,000 
     which represents savings in the foreign currency account.

[[Page 14570]]



     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2000 PROJECTS.

       (a) Construction Projects Inside the United States.--The 
     table in section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 825) is amended--
       (1) in the item relating to Fort Stewart, Georgia, by 
     striking ``$71,700,000'' in the amount column and inserting 
     ``$25,700,000'';
       (2) by striking the item relating to Fort Riley, Kansas; 
     and
       (3) by striking the amount identified as the total in the 
     amount column and inserting ``$956,750,000''.
       (b) Unspecified Minor Construction Projects.--Subsection 
     (a)(3) of section 2104 of the Military Construction 
     Authorization Act for Fiscal Year 2000 (113 Stat. 826) is 
     amended by striking ``$9,500,000'' and inserting 
     ``$14,600,000''.
       (c) Conforming Amendments.--Section 2104 of the Military 
     Construction Authorization Act for Fiscal Year 2000 is 
     further amended--
       (1) in the matter preceding subsection (a), by striking 
     ``$2,353,231,000'' and inserting ``$2,358,331,000''; and
       (2) by striking paragraph (7) of subsection (b).

     SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 1999 PROJECTS.

       (a) Modification.--The table in section 2101 of the 
     Military Construction Authorization Act for Fiscal Year 1999 
     (division B of Public Law 105-261; 112 Stat. 2182) is 
     amended--
       (1) in the item relating to Fort Hood, Texas, by striking 
     ``$32,500,000'' in the amount column and inserting 
     ``$45,300,000'';
       (2) in the item relating to Fort Riley, Kansas, by striking 
     ``$41,000,000'' in the amount column and inserting 
     ``$44,500,000''; and
       (3) by striking the amount identified as the total in the 
     amount column and inserting ``$785,081,000''.
       (b) Conforming Amendments.--Section 2104 of that Act (112 
     Stat. 2184) is amended--
       (1) in the matter preceding subsection (a), by striking 
     ``$2,098,713,000'' and inserting ``$2,111,513,000'';
       (2) in subsection (a)(1)(1), by striking ``$609,076,000'' 
     and inserting ``$622,581,000''; and
       (3) in subsection (b)(7), by striking ``$24,500,000'' and 
     inserting ``$28,000,000''.

     SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
                   1998 PROJECT.

       (a) Modification.--The table in section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 1998 
     (division B of Public Law 105-85; 111 Stat. 1967), as amended 
     by section 2105(a) of the Military Construction Authorization 
     Act for Fiscal Year 1999 (division B of Public Law 105-261; 
     112 Stat. 2185) is further amended--
       (1) in the item relating to Hunter Army Airfield, Fort 
     Stewart, Georgia, by striking ``$54,000,000'' in the amount 
     column and inserting ``$57,500,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$606,250,000''.
       (b) Conforming Amendment.--Section 2104(b)(5) of the 
     Military Construction Authorization Act for Fiscal Year 1998 
     (111 Stat. 1969) is amended by striking ``$42,500,000'' and 
     inserting ``$46,000,000''.

     SEC. 2108. AUTHORITY TO ACCEPT FUNDS FOR REALIGNMENT OF 
                   CERTAIN MILITARY CONSTRUCTION PROJECT, FORT 
                   CAMPBELL, KENTUCKY.

       (a) Authority To Accept Funds.--(1) The Secretary of the 
     Army may accept funds from the Federal Highway Administration 
     or the State of Kentucky for purposes of funding all costs 
     associated with the realignment of the military construction 
     project involving a rail connector located at Fort Campbell, 
     Kentucky, authorized in section 2101(a) of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2763).
       (2) Any funds accepted under paragraph (1) shall be 
     credited to the account of the Department of the Army from 
     which the costs of the realignment of the military 
     construction project described in that paragraph are to be 
     paid.
       (b) Use of Funds.--(1) The Secretary may use funds accepted 
     under subsection (a) for any costs associated with the 
     realignment of the military construction project described in 
     that subsection in addition to any amounts authorized and 
     appropriated for the military construction project.
       (2) For purposes of paragraph (1), the costs associated 
     with the realignment of the military construction project 
     described in subsection (a) include redesign costs, 
     additional construction costs, additional costs due to 
     construction delays related to the realignment, and 
     additional real estate costs.
       (3) Funds accepted under subsection (a) shall remain 
     available under paragraph (1) until expended.

                            TITLE XXII--NAVY

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

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

                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Arizona........................  Marine Corps Air             $8,200,000
                                  Station, Yuma.
                                 Navy Detachment, Camp        $2,940,000
                                  Navajo.
California.....................  Marine Corps Air             $7,350,000
                                  Station, Miramar.
                                 Marine Corps Air-Ground      $2,100,000
                                  Combat Center,
                                  Twentynine Palms.
                                 Marine Corps Base, Camp      $8,100,000
                                  Pendleton.
                                 Naval Air Station,           $8,260,000
                                  Lemoore.
                                 Naval Air Warfare           $11,400,000
                                  Center Weapons
                                  Division, Point Mugu.
                                 Naval Aviation Depot,        $4,340,000
                                  North Island.
                                 Naval Facility, San          $8,860,000
                                  Clemente Island.
                                 Naval Ship Weapons          $10,200,000
                                  Systems Engineering
                                  Station, Port Hueneme.
                                 Naval Station, San          $53,200,000
                                  Diego.
Connecticut....................  Naval Submarine Base,        $3,100,000
                                  New London.
CONUS Various..................  CONUS Various..........     $11,500,000
District of Columbia...........  Marine Corps Barracks..     $17,197,000
                                 Naval District,              $2,450,000
                                  Washington.
                                 Naval Research              $12,390,000
                                  Laboratory, Washington.
Florida........................  Coastal System Station,      $9,960,000
                                  Panama City.
                                 Naval Air Station,           $5,130,000
                                  Whiting Field, Milton.
                                 Naval Surface Warfare        $3,570,000
                                  Center Detachment, Ft.
                                  Lauderdale.
Georgia........................  Marine Corps Logistics       $1,100,000
                                  Base, Albany.
                                 Trident Refit Facility,      $5,200,000
                                  Kings Bay.
Hawaii.........................  Fleet Industrial Supply     $12,000,000
                                  Center, Pearl Harbor.
                                 Naval Undersea Weapons       $2,100,000
                                  Station Detachment,
                                  Lualualei.
                                 Marine Corps Air            $18,400,000
                                  Station, Kaneohe.
                                 Naval Station, Pearl        $37,600,000
                                  Harbor.
Illinois.......................  Naval Training Center,     $121,400,000
                                  Great Lakes.
Maine..........................  Naval Air Station,           $2,450,000
                                  Brunswick.
                                 Naval Ship Yard,             $4,960,000
                                  Portsmouth.
Maryland.......................  Naval Explosive              $6,430,000
                                  Ordinance Disposal
                                  Tech Division, Indian
                                  Head.
Mississippi....................  Naval Air Station,           $6,230,000
                                  Meridian.
                                 Naval Oceanographic          $6,950,000
                                  Office, Stennis Space
                                  Center.
Nevada.........................  Naval Air Station,           $6,280,000
                                  Fallon.
New Jersey.....................  Naval Weapons Station,       $2,420,000
                                  Earle.
North Carolina.................  Marine Corps Air             $8,480,000
                                  Station, Cherry Point.
                                 Marine Corps Air             $3,400,000
                                  Station, New River.
                                 Marine Corps Base, Camp     $45,870,000
                                  LeJeune.
                                 Naval Aviation Depot,        $7,540,000
                                  Cherry Point.

[[Page 14571]]

 
Rhode Island...................  Naval Undersea Warfare       $4,150,000
                                  Center Division,
                                  Newport.
South Carolina.................  Marine Corps Air             $3,140,000
                                  Station, Beaufort.
                                 Marine Corps Recruit         $2,660,000
                                  Depot, Parris Island.
Texas..........................  Naval Air Station,           $2,670,000
                                  Kingsville.
Virginia.......................  AEGIS Combat Systems         $3,300,000
                                  Center, Wallops Island.
                                 Marine Corps Combat          $8,590,000
                                  Development Command,
                                  Quantico.
                                 Naval Air Station,           $5,250,000
                                  Oceana.
                                 Naval Air Station,          $31,450,000
                                  Norfolk.
                                 Naval Amphibious Base,       $2,830,000
                                  Little Creek.
                                 Naval Shipyard,             $16,100,000
                                  Norfolk, Portsmouth.
                                 Naval Station, Norfolk.      $4,700,000
                                 Naval Surface Warfare       $30,700,000
                                  Center, Dahlgren.
Washington.....................  Naval Station, Everett.      $5,500,000
                                 Naval Submarine Base,        $4,600,000
                                  Bangor.
                                 Puget Sound Naval           $78,460,000
                                  Shipyard, Bremerton.
                                 Strategic Weapons            $1,400,000
                                  Facility Pacific,
                                  Bremerton.
                                                         ---------------
                                   Total:...............    $694,557,000
------------------------------------------------------------------------

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

                     Navy: Outside the United States
------------------------------------------------------------------------
                                     Installation or
            Country                      location             Amount
------------------------------------------------------------------------
Bahrain........................  Administrative Support      $19,400,000
                                  Unit.
Italy..........................  Naval Air Station,          $32,969,000
                                  Sigonella.
                                 Naval Support Activity,     $15,000,000
                                  Naples.
Various Locations..............  Host Nation                    $142,000
                                  Infrastructure Support.
                                                         ---------------
                                   Total:...............     $67,511,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

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

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
California............................  Marine Corps Air-Ground    79 Units.....................     $13,923,000
                                         Combat Center,
                                         Twentynine Palms.
                                        Naval Air Station,         160 Units....................     $27,768,000
                                         Lemoore.
Hawaii................................  Commander Naval Base,      112 Units....................     $23,654,000
                                         Pearl Harbor.
                                        Commander Naval Base,      62 Units.....................     $14,237,000
                                         Pearl Harbor.
                                        Commander Naval Base,      98 Units.....................     $22,230,000
                                         Pearl Harbor.
                                        Marine Corps Air Station,  84 Units.....................     $21,910,000
                                         Kaneohe Bay.
Maine.................................  Naval Air Station,         168 Units....................     $18,722,000
                                         Brunswick.
Mississippi...........................  Naval Station, Pascagoula  140 Units....................     $21,605,000
North Carolina........................  Camp LeJeune.............  149 Units....................      $7,838,000
Washington............................  Naval Air Station,         98 Units.....................     $16,873,000
                                         Whidbey Island.
                                                                                                 ---------------
                                                                     Total:.....................    $188,760,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(a)(5)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $183,547,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) In General.--Subject to subsection (c), funds are 
     hereby authorized to be appropriated for fiscal years 
     beginning after September 30, 2000, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Navy in the total amount 
     of $2,095,163,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $633,537,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $66,571,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $7,659,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $64,093,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $392,265,000.
       (B) For support of military housing (including functions 
     described in section 2833 of title 10, United States Code), 
     $882,638,000.
       (6) For construction of a berthing wharf at Naval Air 
     Station, North Island, California, authorized by section 
     2201(a) of the Military Construction Authorization Act for 
     Fiscal Year 2000 (division B of Public Law 106-65; 113 Stat. 
     828), $12,800,000.
       (7) For construction of the Commander-in-Chief 
     Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2000, $35,600,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a);
       (2) $17,500,000 (the balance of the amount authorized under 
     section 2201(a) for repair of a pier at Naval Station, San 
     Diego, California);
       (3) $12,390,000 (the balance of the amount authorized under 
     section 2201(a) for construction of a Nano Science Research 
     Laboratory, Washington, District of Columbia);
       (4) $4,000,000 (the balance of the amount authorized under 
     section 2201(a) for construction of armories at Marine Corps 
     Base, Camp LeJeune, North Carolina);
       (5) $2,670,000 (the balance of the amount authorized under 
     section 2201(a) for construction of an aircraft parking apron 
     at Naval Air Station, Kingsville, Texas);
       (6) $24,460,000 (the balance of the amount authorized under 
     section 2201(a) for replacement of a pier at Naval Ship Yard, 
     Bremerton, Puget Sound, Washington); and

[[Page 14572]]

       (7) $940,000 (the balance of the amount authorized under 
     section 2201(b) for construction of community facilities at 
     Naval Air Station, Sigonella, Italy).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (7) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by such paragraphs, reduced by $9,351,000 which 
     represents $3,960,000 for savings in the foreign currency 
     account and $5,391,000 from prior year unobligated funds.

     SEC. 2205. CORRECTION IN AUTHORIZED USE OF FUNDS, MARINE 
                   CORPS COMBAT DEVELOPMENT COMMAND, QUANTICO, 
                   VIRGINIA.

       The Secretary of the Navy may carry out a military 
     construction project involving infrastructure development at 
     the Marine Corps Combat Development Command, Quantico, 
     Virginia, in the amount of $8,900,000, using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2204(a)(1) of the Military Construction 
     Authorization Act for Fiscal Year 1997 (division B of Public 
     Law 104-201; 110 Stat. 2769) for a military construction 
     project involving a sanitary landfill at that installation, 
     as authorized by section 2201(a) of that Act (110 Stat. 2767) 
     and extended by section 2702 of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 842) and section 2703 of this Act.

                         TITLE XXIII--AIR FORCE

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

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


                   Air Force: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                       location             Amount
------------------------------------------------------------------------
Alabama........................  Maxwell Air Force Base.      $3,825,000
Alaska.........................  Cape Romanzof..........      $3,900,000
                                 Eielson Air Force Base.     $40,990,000
                                 Elmendorf Air Force         $35,186,000
                                  Base.
Arizona........................  Davis-Monthan Air Force      $7,900,000
                                  Base.
Arkansas.......................  Little Rock Air Force       $18,319,000
                                  Base.
California.....................  Beale Air Force Base...     $10,099,000
                                 Los Angeles Air Force        $6,580,000
                                  Base.
                                 Vandenberg Air Force         $4,650,000
                                  Base.
Colorado.......................  Buckley Air National         $2,750,000
                                  Guard Base.
                                 Peterson Air Force Base     $20,086,000
                                 Schriever Air Force          $8,450,000
                                  Base.
                                 United States Air Force     $18,960,000
                                  Academy.
CONUS Classified...............  Classified Location....      $1,810,000
District of Columbia...........  Bolling Air Force Base.      $4,520,000
Florida........................  Eglin Air Force Base...      $8,940,000
                                 Eglin Auxiliary Field 9      $7,960,000
                                 Patrick Air Force Base.     $12,970,000
                                 Tyndall Air Force Base.     $25,300,000
Georgia........................  Fort Stewart/Hunter          $4,920,000
                                  Army Air Field.
                                 Moody Air Force Base...     $11,318,000
                                 Robins Air Force Base..      $4,095,000
Hawaii.........................  Hickam Air Force Base..      $4,620,000
Idaho..........................  Mountain Home Air Force     $10,125,000
                                  Base.
Illinois.......................  Scott Air Force Base...      $3,830,000
Kansas.........................  McConnell Air Force          $2,100,000
                                  Base.
Louisiana......................  Barksdale Air Force         $20,464,000
                                  Base.
Massachusetts..................  Hanscom Air Force Base.     $17,851,000
Mississippi....................  Columbus Air Force Base      $4,828,000
                                 Keesler Air Force Base.     $15,040,000
Missouri.......................  Whiteman Air Force Base     $12,050,000
Montana........................  Malmstrom Air Force         $11,179,000
                                  Base.
Nebraska.......................  Offut Air Force Base...      $9,765,000
New Jersey.....................  McGuire Air Force Base.      $9,772,000
New Mexico.....................  Cannon Air Force Base..      $4,934,000
                                 Holloman Air Force Base     $18,380,000
                                 Kirtland Air Force Base      $7,352,000
North Carolina.................  Pope Air Force Base....     $24,570,000
Ohio...........................  Wright-Patterson Air        $22,600,000
                                  Force Base.
Oklahoma.......................  Altus Air Force Base...      $2,939,000
                                 Tinker Air Force Base..     $18,180,000
                                 Vance Air Force Base...     $10,504,000
South Carolina.................  Charleston Air Force        $22,238,000
                                  Base.
                                 Shaw Air Force Base....      $2,850,000
South Dakota...................  Ellsworth Air Force         $10,290,000
                                  Base.
Texas..........................  Dyess Air Force Base...     $24,988,000
                                 Lackland Air Force Base     $10,330,000
Utah...........................  Hill Air Force Base....     $28,050,000
Virginia.......................  Langley Air Force Base.      $7,470,000
Washington.....................  Fairchild Air Force          $2,046,000
                                  Base.
                                 McChord Air Force Base.     $10,250,000
Wyoming........................  F.E. Warren Air Force       $36,114,000
                                  Base.
                                                         ---------------
                                   Total:...............    $649,237,000
------------------------------------------------------------------------

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


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


[[Page 14573]]

     SEC. 2302. FAMILY HOUSING.

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


                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Purpose                 Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia..................  Bolling Air Force Base...  136 Units....................     $17,137,000
Idaho.................................  Mountain Home Air Force    119 Units....................     $22,694,000
                                         Base.
North Dakota..........................  Cavalier Air Force         2 Units......................        $443,000
                                         Station.
                                        Minot Air Force Base.....  134 Units....................     $19,097,000
                                                                                                 ---------------
                                                                     Total:.....................     $59,371,000
----------------------------------------------------------------------------------------------------------------

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2304(a)(5)(A), the Secretary of the Air Force may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of military family housing units in an amount not 
     to exceed $13,730,000.

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) In General.--Subject to subsection (c), funds are 
     hereby authorized to be appropriated for fiscal years 
     beginning after September 30, 2000, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of the Air Force in the total 
     amount of $1,851,909,000 as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $649,237,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $47,875,000.
       (3) For unspecified minor construction projects authorized 
     by section 2805 of title 10, United States Code, $9,850,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $71,529,000.
       (5) For military housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $247,147,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $826,271,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (5) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by such paragraphs, reduced by $33,846,000, 
     which represents $12,231,000 for savings in the foreign 
     currency account and $21,615,000 from prior year unobligated 
     funds.

                      TITLE XXIV--DEFENSE AGENCIES

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

       (a) Inside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(1), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations inside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Camp LeJeune, North          $5,914,000
                                  Carolina..............
                                 Laurel Bay, South              $804,000
                                  Carolina..............
Defense Logistics Agency.......  Defense Distribution        $17,700,000
                                  Depot Susquehanna, New
                                  Cumberland,
                                  Pennsylvania..........
                                 Defense Fuel Support         $5,700,000
                                  Point, Cherry Point,
                                  North Carolina........
                                 Defense Fuel Support        $16,956,000
                                  Point, MacDill Air
                                  Force Base, Florida...
                                 Defense Fuel Support        $11,000,000
                                  Point, McConnell Air
                                  Force Base, Kansas....
                                 Defense Fuel Support         $5,000,000
                                  Point, Naval Air
                                  Station, Fallon,
                                  Nevada................
                                 Defense Fuel Support         $5,900,000
                                  Point, North Island,
                                  California............
                                 Defense Fuel Support         $2,000,000
                                  Point, Oceana Naval
                                  Air Station, Virginia.
                                 Defense Fuel Support         $8,300,000
                                  Point, Patuxent River,
                                  Maryland..............
                                 Defense Fuel Support         $2,200,000
                                  Point, Twentynine
                                  Palms, California.....
                                 Defense Supply Center,       $4,500,000
                                  Richmond, Virginia....
National Security Agency.......  Fort Meade, Maryland...      $4,228,000
Special Operations Command.....  Classified Location....      $2,303,000
                                 Eglin Auxiliary Field       $23,204,000
                                  9, Florida............
                                 Fleet Combat Training        $5,500,000
                                  Center, Dam Neck,
                                  Virginia..............
                                 Fort Bragg, North            $8,600,000
                                  Carolina..............
                                 Fort Campbell, Kentucky     $16,300,000
                                 Naval Air Station,           $1,350,000
                                  North Island,
                                  California............
                                 Naval Air Station,           $3,400,000
                                  Oceana, Virginia......
                                 Naval Amphibious Base,       $4,300,000
                                  Coronado, California..
                                 Naval Amphibious Base,       $5,400,000
                                  Little Creek, Virginia
Tri-Care Management Activity...  Edwards Air Force Base,     $17,900,000
                                  California............
                                 Marine Corps Base, Camp     $14,150,000
                                  Pendleton, California.
                                 Eglin Air Force Base,       $37,600,000
                                  Florida...............
                                 Fort Drum, New York....      $1,400,000
                                 Patrick Air Force Base,      $2,700,000
                                  Florida...............
                                 Tyndall Air Force Base,      $7,700,000
                                  Florida...............
                                                         ---------------
                                   Total:...............    $242,009,000
------------------------------------------------------------------------

       (b) Outside the United States.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(2), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations outside the United States, and in 
     the amounts, set forth in the following table:

               Defense Agencies: Outside the United States
------------------------------------------------------------------------
                                     Installation or
             Agency                      location             Amount
------------------------------------------------------------------------
Defense Education Activity.....  Hanau, Germany.........      $1,026,000
                                 Hohenfels, Germany.....     $13,774,000
                                 Royal Air Force,             $1,287,000
                                  Feltwell, United
                                  Kingdom...............
                                 Royal Air Force,             $3,086,000
                                  Lakenheath, United
                                  Kingdom...............
                                 Schweinfurt, Germany...      $1,444,000

[[Page 14574]]

 
                                 Sigonella, Italy.......        $971,000
                                 Wuerzburg, Germany.....      $1,798,000
Defense Finance and Accounting   Kleber Kaserne, Germany      $7,500,000
 Service.
Defense Logistics Agency.......  Defense Fuel Support        $36,000,000
                                  Point, Andersen Air
                                  Force Base, Guam......
                                 Defense Fuel Support        $22,400,000
                                  Point, Marine Corps
                                  Air Station, Iwakuni,
                                  Japan.................
                                 Defense Fuel Support        $26,400,000
                                  Point, Misawa Air
                                  Base, Japan...........
                                 Defense Fuel Support        $10,000,000
                                  Point, Royal Air
                                  Force, Mildenhall,
                                  United Kingdom........
                                 Defense Fuel Support        $16,300,000
                                  Point, Sigonella,
                                  Italy.................
Defense Threat Reduction Agency  Darmstadt, Germany.....      $2,450,000
Special Operations Command.....  Roosevelt Roads, Puerto      $1,241,000
                                  Rico..................
                                 Taegu, Korea...........      $1,450,000
Tri-Care Management Agency.....  Kitzingen, Germany.....      $1,400,000
                                 Naval Support Activity,     $43,850,000
                                  Naples, Italy.........
                                 Wiesbaden Air Base,          $7,187,000
                                  Germany...............
                                                         ---------------
                                   Total:...............    $199,564,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2403(a)(3), the Secretary of Defense may acquire real 
     property and carry out military construction projects for the 
     installations and locations, and in the amounts, set forth in 
     the following table:

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

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2403(a)(7), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $16,785,000.

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Subject to subsection (c), funds are 
     hereby authorized to be appropriated for fiscal years 
     beginning after September 30, 2000, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of Defense (other than the 
     military departments), in the total amount of $1,912,703,000 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $242,009,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $199,564,000.
       (3) For the military construction projects at unspecified 
     worldwide locations authorized by section 2401(c), 
     $85,095,000.
       (4) For unspecified minor construction projects under 
     section 2805 of title 10, United States Code, $17,390,000.
       (5) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (6) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $78,605,000.
       (7) For energy conservation projects authorized by section 
     2404 of this Act, $16,785,000.
       (8) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note), $1,174,369,000.
       (9) For military family housing functions, for support of 
     military housing (including functions described in section 
     2833 of title 10, United States Code), $44,886,000 of which 
     not more than $38,478,000 may be obligated or expended for 
     the leasing of military family housing units worldwide.
       (10) For construction of a replacement hospital at Fort 
     Wainwright, Alaska, authorized by section 2401(a) of the 
     Military Construction Authorization Act for Fiscal Year 2000 
     (division B of Public Law 106-65; 113 Stat. 836), 
     $44,000,000.
       (b) Limitation of Total Cost of Construction Projects.--
     Notwithstanding the cost variation authorized by section 2853 
     of title 10, United States Code, and any other cost 
     variations authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed--
       (1) the total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a); and
       (2) $366,040,000 (the balance of the amount authorized 
     under section 2401(c) for construction of National Missile 
     Defense Initial Deployment Facilities, Unspecified Worldwide 
     locations).
       (c) Adjustment.--The total amount authorized to be 
     appropriated pursuant to paragraphs (1) through (6) of 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by such paragraphs, reduced by $7,155,000 which 
     represents savings in the foreign currency account.

     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 1991, as amended by section 2407 of the Military 
     Construction Authorization Act for Fiscal Year 1999, is 
     amended by striking ``$342,854,000'' and inserting 
     ``$351,354,000''.

        TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
                           INVESTMENT PROGRAM

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2000, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment program authorized by section 2501, in 
     the amount of $190,000,000.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

       There are authorized to be appropriated for fiscal years 
     beginning after September 30, 2000, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefore, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $181,629,000; and
       (B) for the Army Reserve, $92,497,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $38,091,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $161,806,000; and
       (B) for the Air Force Reserve, $32,673,000.

[[Page 14575]]



     SEC. 2602. AUTHORIZATION FOR CONTRIBUTION TO CONSTRUCTION OF 
                   AIRPORT TOWER, CHEYENNE AIRPORT, CHEYENNE, 
                   WYOMING.

       (a) Increase in Amount Authorized for Air National Guard.--
     The amount authorized to be appropriated by section 
     2601(3)(A) is hereby increased by $1,450,000.
       (b) Offset.--The amounts authorized to be appropriated by 
     section 2403(a), and by paragraph (2) of that section, are 
     each hereby reduced by $1,450,000. The amount of the 
     reduction shall be allocated to the project authorized in 
     section 2401(b) for the Tri-Care Management Agency for the 
     Naval Support Activity, Naples, Italy.
       (c) Availability of Funds for Contribution to Tower.--Of 
     the amounts authorized to be appropriated by section 
     2601(3)(A), as increased by subsection (a), $1,450,000 shall 
     be available to the Secretary of the Air Force for a 
     contribution to the costs of construction of a new airport 
     tower at Cheyenne Airport, Cheyenne, Wyoming.
       (d) Authority To Make Contribution.--The Secretary may, 
     using funds available under subsection (c), make a 
     contribution, in an amount considered appropriate by the 
     Secretary and consistent with applicable agreements, to the 
     costs of construction of a new airport tower at Cheyenne 
     Airport, Cheyenne, Wyoming.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

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

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

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

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


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


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

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

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 1997 
     (division B of Public Law 104-201; 110 Stat. 2782), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2201, 2202, or 2601 of that Act and 
     extended by section 2702 of the Military Construction 
     Authorization Act for Fiscal Year 2000 (division B of Public 
     Law 106-65; 113 Stat. 842), shall remain in effect until 
     October 1, 2001, or the date of the enactment of an Act 
     authorizing funds for military construction for fiscal year 
     2002, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


[[Page 14576]]



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



                          Army National Guard: Extension of 1997 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                   Installation or location             Project                 Amount
----------------------------------------------------------------------------------------------------------------
Mississippi...........................  Camp Shelby..............  Multipurpose Range Complex         $5,000,000
                                                                    (Phase II).
----------------------------------------------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

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

                    TITLE XXVIII--GENERAL PROVISIONS

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

     SEC. 2801. JOINT USE MILITARY CONSTRUCTION PROJECTS.

       (a) Sense of Congress on Joint Use Projects.--It is the 
     sense of Congress that in preparing the budget for a fiscal 
     year for submission to Congress under section 1105 of title 
     31, United States Code, the Secretary of Defense should--
       (1) seek to identify military construction projects that 
     are suitable as joint use military construction projects;
       (2) specify in the budget for the fiscal year the military 
     construction projects that are identified under paragraph 
     (1); and
       (3) give priority in the budget for the fiscal year to the 
     military construction projects specified under paragraph (2).
       (b) Annual Evaluation and Report on Joint Use Projects.--
     (1) Subchapter I of chapter 169 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2815. Joint use military construction projects: 
       evaluation; annual report

       ``(a) Annual Evaluation.--The Secretary of Defense shall 
     include with the budget for each fiscal year under section 
     1105 of title 31, a certification by each Secretary concerned 
     that in evaluating military construction projects for 
     inclusion in the budget for such fiscal year, such Secretary 
     evaluated the feasibility of carrying out such projects as 
     joint use military construction projects.
       ``(b) Annual Report.--(1) Not later than September 30 each 
     year, the Secretary of Defense shall submit to the 
     appropriate committees of Congress a report on joint use 
     military construction projects.
       ``(2) Each report under paragraph (1) shall include, for 
     the one-year period ending on the date of the report, the 
     following:
       ``(A) The military construction requirements that were 
     evaluated for their feasibility to be carried out through 
     joint use military construction projects, with each such 
     requirement set forth by armed force, component (whether 
     active or reserve component), and location.
       ``(B) An estimate of the fiscal year in which each 
     requirement set forth under subparagraph (A) is likely to be 
     met, without regard to the applicability of any future-years 
     defense program, and an assessment of the extent to which 
     such requirement could be met more rapidly through a joint 
     use military construction project.
       ``(C) A list of the military construction projects 
     determined to be feasible as joint use military construction 
     projects, including--
       ``(i) the number of military personnel and civilian 
     personnel to be served by each such project; and
       ``(ii) an estimate of the costs avoidable by carrying out 
     each such project as a joint use military project rather than 
     as an independent military construction project.
       ``(c) Joint Use Military Construction Project Defined.--In 
     this section, the term `joint use military construction 
     project' means a military construction project for a facility 
     intended to be used by--
       ``(1) both the active and a reserve component of a single 
     armed force; or
       ``(2) two or more components (whether active or reserve 
     components) of the armed forces.''.
       (2) The table of sections at the beginning of that 
     subchapter is amended by adding at the end the following new 
     item:

``2815. Joint use military construction projects: evaluation; annual 
              report.''.

     SEC. 2802. EXCLUSION OF CERTAIN COSTS FROM DETERMINATION OF 
                   APPLICABILITY OF LIMITATION ON USE OF FUNDS FOR 
                   IMPROVEMENT OF FAMILY HOUSING.

       Section 2825(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) In determining the applicability of the limitation 
     contained in paragraph (1), the Secretary concerned shall 
     exclude from the cost of the improvement of the unit or units 
     concerned the following:
       ``(A) The cost of the installation, maintenance, and repair 
     of communications, security, or antiterrorism equipment 
     required by an occupant of the unit or units to perform 
     duties assigned as a member of the armed forces.
       ``(B) The cost of repairing or replacing the exterior of 
     the unit or units if such repair or replacement is necessary 
     to meet applicable standards for historical preservation.''.

     SEC. 2803. REPLACEMENT OF LIMITATIONS ON SPACE BY PAY GRADE 
                   OF MILITARY FAMILY HOUSING WITH REQUIREMENT FOR 
                   LOCAL COMPARABILITY OF MILITARY FAMILY HOUSING.

       (a) In General.--(1) Section 2826 of title 10, United 
     States Code, is amended to read as follows:

     ``Sec. 2826. Military family housing: local comparability of 
       rooms patterns and floor areas

       ``(a) Local Comparability.--In the construction, 
     acquisition, and improvement of military family housing, the 
     Secretary concerned shall ensure that the room patterns and 
     floor areas of military family housing in a particular 
     locality (as designated by the Secretary concerned for 
     purposes of this section) are similar to room patterns and 
     floor areas of similar housing in the private sector in that 
     locality.
       ``(b) Requests for Authority for Military Family Housing.--
     (1) In submitting to Congress a request for authority to 
     carry out the construction, acquisition, or improvement of 
     military family housing, the Secretary concerned shall 
     include in the request information on the net floor area of 
     each unit of military family

[[Page 14577]]

     housing to be constructed, acquired, or improved under the 
     authority.
       ``(2) In this subsection, the term `net floor area', in the 
     case of a military family housing unit, means the total 
     number of square feet of the floor space inside the exterior 
     walls of the unit, excluding the floor area of an unfinished 
     basement, an unfinished attic, a utility space, a garage, a 
     carport, an open or insect-screened porch, a stairwell, and 
     any space used for a solar-energy system.''.
       (2) The table of sections at the beginning of subchapter II 
     of chapter 169 of that title is amended by striking the item 
     relating to section 2826 and inserting the following new 
     item:

``2826. Military family housing: local comparability of rooms patterns 
              and floor areas.''.

       (b) Effective Date.--(1) Except as provided in paragraph 
     (2), the amendments made by subsection (a) shall take effect 
     on October 1, 2000.
       (2) Subsection (a) of section 2826, of title 10, United 
     States Code (as added by subsection (a) of this section), 
     shall apply with respect to the construction, acquisition, or 
     improvement of military family housing under authority for 
     the construction, acquisition, or improvement of such housing 
     that takes effect on or after October 1, 2000.

     SEC. 2804. MODIFICATION OF LEASE AUTHORITY FOR HIGH-COST 
                   MILITARY FAMILY HOUSING.

       (a) Repeal of Single Lease Maximum for United States 
     Southern Command.--Paragraph (4) of section 2828(b) of title 
     10, United States Code, is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following new subparagraph:
       ``(B) The amount of all leases under this paragraph may not 
     exceed $280,000 per year, as adjusted from time to time under 
     paragraph (6).''.
       (b) Five-Year Limitation on Term of Leases For United 
     States Southern Command.--That paragraph is further amended 
     by adding at the end the following new subparagraph:
       ``(C) The term of any lease under this paragraph may not 
     exceed 5 years.''.
       (c) Annual Adjustment of Maximum Lease Amounts.--That 
     section is further amended by striking paragraph (5) and 
     inserting the following new paragraphs:
       ``(5) At the beginning of each fiscal year, the Secretary 
     concerned shall adjust the maximum lease amount provided for 
     leases under paragraphs (2) and (3) for the previous fiscal 
     year by the percentage (if any) by which the national average 
     monthly cost of housing (as calculated for purposes of 
     determining rates of basic allowance for housing under 
     section 403 of title 37) for the preceding fiscal year 
     exceeds the national average monthly cost of housing (as so 
     calculated) for the fiscal year before such preceding fiscal 
     year.
       ``(6) At the beginning of each fiscal year, the Secretary 
     of the Army shall adjust the maximum aggregate amount for 
     leases under paragraph (4) for the previous fiscal year by 
     the percentage (if any) by which the annual average cost of 
     housing for the Miami Military Housing Area (as calculated 
     for purposes of determining rates of basic allowance for 
     housing under section 403 of title 37) for the preceding 
     fiscal year exceeds the annual average cost of housing for 
     the Miami Military Housing Area (as so calculated) for the 
     fiscal year before such preceding fiscal year.''.
       (d) Conforming Amendments.--That section is further 
     amended--
       (1) in paragraph (2), by inserting after ``per year'' the 
     following: ``, as adjusted from time to under paragraph 
     (5)''; and
       (2) in paragraph (3), by striking ``$12,000 per unit per 
     year but does not exceed $14,000 per unit per year'' and 
     inserting ``the maximum amount per unit per year in effect 
     under paragraph (2) but does not exceed $14,000 per unit per 
     year, as adjusted from time to time under paragraph (5)''.

     SEC. 2805. APPLICABILITY OF COMPETITION POLICY TO ALTERNATIVE 
                   AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF 
                   MILITARY HOUSING.

       (a) Applicability.--(1) Subchapter IV of chapter 169 of 
     title 10, United States Code, is amended by inserting after 
     section 2872 the following:

     ``Sec. 2872a. Competition requirements

       ``(a) Contracts.--The Secretary concerned shall comply with 
     section 2304 of this title when entering into any contract in 
     furtherance of the exercise of any authority or combination 
     of authorities under this subchapter for a purpose specified 
     in section 2872 of this title.
       ``(b) Other Forms of Agreements.--(1) The Secretary 
     concerned shall use competitive procedures to enter into any 
     agreement other than a contract in furtherance of the 
     exercise of any authority or combination of authorities under 
     this subchapter for a purpose specified in section 2872 of 
     this title.
       ``(2) The Secretary concerned may waive the applicability 
     of paragraph (1) to an agreement only if the Secretary--
       ``(A) determines that the use of competitive procedures for 
     entering into the agreement would be inconsistent with the 
     public interest; and
       ``(B) submits to Congress a written notification of the 
     determination not less than 30 days before entering into the 
     agreement.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by inserting after the item relating to 
     section 2872 the following:

``2872a. Competition requirements.''.

       (b) Effective Date.--Section 2872a of title 10, United 
     States Code (as added by subsection (a)), shall take effect 
     on October 1, 2000, and shall apply with respect to contracts 
     and agreements referred to in that section that are entered 
     into on or after that date.

     SEC. 2806. PROVISION OF UTILITIES AND SERVICES UNDER 
                   ALTERNATIVE AUTHORITY FOR ACQUISITION AND 
                   IMPROVEMENT OF MILITARY HOUSING.

       (a) Authority To Furnish on Reimbursable Basis.--Subchapter 
     IV of chapter 169 of title 10, United States Code, as amended 
     by section 2805, is further amended by inserting after 
     section 2872a the following new section:

     ``Sec. 2872b. Utilities and services

       ``(a) Authority To Furnish.--The Secretary concerned may 
     furnish utilities and services referred to in subsection (b) 
     in connection with any military housing acquired or 
     constructed pursuant to the exercise of any authority or 
     combination of authorities under this subchapter if the 
     military housing is located on a military installation.
       ``(b) Covered Utilities and Services.--The utilities and 
     services that may be furnished under subsection (a) are the 
     following:
       ``(1) Electric power.
       ``(2) Steam.
       ``(3) Compressed air.
       ``(4) Water.
       ``(5) Sewage and garbage disposal.
       ``(6) Natural, manufactured, or mixed gas.
       ``(7) Ice.
       ``(8) Mechanical refrigeration.
       ``(9) Telecommunications service.
       ``(c) Reimbursement.--(1) The Secretary concerned shall be 
     reimbursed for any utilities or services furnished under 
     subsection (a).
       ``(2) The amount of any cash payment received under 
     paragraph (1) shall be credited to the appropriation or 
     working capital account from which the cost of furnishing the 
     utilities or services concerned was paid. Amounts so credited 
     to an appropriation or account shall be merged with funds in 
     such appropriation or account, and shall be available to the 
     same extent, and subject to the same terms and conditions, as 
     such funds.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter, as so amended, is further 
     amended by inserting after the item relating to section 2872a 
     the following new item:

``2872b. Utilities and services.''.

     SEC. 2807. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION 
                   AND IMPROVEMENT OF MILITARY HOUSING.

       Section 2885 of title 10, United States Code, is amended by 
     striking ``February 10, 2001'' and inserting ``February 10, 
     2004''.

     SEC. 2808. INCLUSION OF READINESS CENTER IN DEFINITION OF 
                   ARMORY FOR PURPOSES OF CONSTRUCTION OF RESERVE 
                   COMPONENT FACILITIES.

       (a) Inclusion.--Section 18232(3) of title 10, United States 
     Code, is amended--
       (1) in the first sentence, by striking ``The term `armory' 
     means'' and inserting ``The terms `armory' and `readiness 
     center' mean''; and
       (2) in the second sentence, by striking ``It includes'' and 
     inserting ``Such terms include''.
       (b) Conforming Amendments.--(1) Section 18232(2)(B) of such 
     title is amended by inserting ``, readiness center,'' after 
     ``armory''.
       (2) Section 18236(b) of such title is amended in the matter 
     preceding paragraph (1) by inserting ``or readiness center'' 
     after ``an armory''.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. INCREASE IN THRESHOLD FOR REPORTS TO CONGRESS ON 
                   REAL PROPERTY TRANSACTIONS.

       Section 2662 of title 10, United States Code, is amended by 
     striking ``$200,000'' each place it appears and inserting 
     ``$500,000''.

     SEC. 2812. ENHANCEMENTS OF MILITARY LEASE AUTHORITY.

       (a) Property Available for Lease.--Subsection (a) of 
     section 2667 of title 10, United States Code, is amended--
       (1) by inserting ``and'' at the end of paragraph (1);
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) In Kind Consideration.--That section is further 
     amended--
       (1) in subsection (b)(5)--
       (A) by striking ``improvement, maintenance, protection, 
     repair, or restoration,'' and inserting ``alteration, repair, 
     or improvement,''; and
       (B) by striking ``, or of the entire unit or installation 
     where a substantial part of it is leased,'';
       (2) by transferring subsection (c) to the end of the 
     section and redesignating such subsection, as so transferred, 
     as subsection (i);
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) In addition to any in kind consideration accepted 
     under subsection (b)(5), in kind consideration accepted with 
     respect to a lease under subsection (b) may include the 
     following:
       ``(A) Maintenance, protection, alteration, repair, 
     improvement, or restoration (including environmental 
     restoration) of property or facilities under the control of 
     the Secretary concerned.
       ``(B) Construction of new facilities for the Secretary 
     concerned.
       ``(C) Provision of facilities for use by the Secretary 
     concerned.
       ``(D) Facilities operation support for the Secretary 
     concerned.
       ``(E) Provision of such other services relating to 
     activities that will occur on the leased property as the 
     Secretary concerned considers appropriate.

[[Page 14578]]

       ``(2) In kind consideration under paragraph (1) may be 
     accepted at any property or facilities under the control of 
     the Secretary concerned that are selected for that purpose by 
     the Secretary concerned.
       ``(3) Sections 2662 and 2802 of this title shall not apply 
     to any new facilities whose construction is accepted as in 
     kind consideration under this subsection.
       ``(4) In the case of a lease for which all or part of the 
     consideration proposed to be accepted by the Secretary 
     concerned under this subsection is the construction of 
     facilities with a value in excess of $500,000, the Secretary 
     concerned may not enter into the lease until 30 days after 
     the date on which a report on the facts of the lease is 
     submitted to the congressional defense committees.''; and
       (4) in subsection (f)--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraph (5) as paragraph (4).
       (c) Use of Money Rentals.--Subsection (d) of that section 
     is amended--
       (1) in paragraph (1), by striking subparagraph (B) and 
     inserting the following new subparagraphs:
       ``(B) Subject to subparagraphs (C) and (D), the sums 
     deposited in the special account of a military department 
     pursuant to subparagraph (A) shall be available to the 
     military department for the following:
       ``(i) Maintenance, protection, alteration, repair, 
     improvement, or restoration (including environmental 
     restoration) of property or facilities.
       ``(ii) Construction or acquisition of new facilities.
       ``(iii) Lease of facilities.
       ``(iv) Facilities operation support.
       ``(C) At least 50 percent of the sums deposited in the 
     special account of a military department under subparagraph 
     (A) by reason of a lease shall be available for activities 
     described in subparagraph (B) only at the military 
     installation where the leased property is located.
       ``(D) The Secretary concerned may not construct or acquire 
     under subparagraph (B)(ii) facilities with a value in excess 
     of $500,000 until 30 days after the date on which a report on 
     the facts of the construction or acquisition of such 
     facilities is submitted to the congressional defense 
     committees.''; and
       (2) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``As part'' and all that follows through ``Secretary of 
     Defense'' and inserting ``Not later than March 15 each year, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report which''; and
       (B) in subparagraph (A), by striking ``request'' and 
     inserting ``report''.
       (d) Indemnification for Environmental Contamination.--That 
     section is further amended by striking subsection (h) and 
     inserting the following new subsection (h):
       ``(h)(1) Subject to paragraph (2), the Secretary concerned 
     may enter into an agreement to hold harmless, defend, and 
     indemnify in full any person or entity to whom the Secretary 
     concerned leases real property under subsection (a) from and 
     against any suit, claim, demand or action, liability, 
     judgment, cost, or other fee arising out of--
       ``(A) any claim for personal injury, property damage 
     (including death, illness, or loss of or damage to property 
     or economic loss), that results from, or is in any manner 
     predicated upon, the release or threatened release of any 
     hazardous substance, pollutant or contaminant, petroleum or 
     petroleum derivative, or unexploded ordnance as a result of 
     Department of Defense activities on the military installation 
     at which the leased property is located; and
       ``(B) any legally binding obligation to respond pursuant to 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other 
     Federal law, or any State law, that results from, or is in 
     any manner predicated upon, the release or threatened release 
     of any hazardous substance, pollutant or contaminant, 
     petroleum or petroleum derivative, or unexploded ordnance as 
     a result of Department of Defense activities on the military 
     installation at which the leased property is located.
       ``(2) Any agreement entered into pursuant to paragraph (1) 
     shall provide that--
       ``(A) if, at the time of a claim for indemnification under 
     the agreement, less than 50 percent of the release or 
     threatened release of hazardous substances, pollutants or 
     contaminants, petroleum or petroleum derivatives, or 
     unexploded ordnance giving rise to the suit, claim, demand or 
     action, liability, judgment, cost, or other fee for which 
     indemnification is demanded is a result of Department of 
     Defense activities, the indemnification authorized by 
     paragraph (1) shall not apply; and
       ``(B) if, at the time of a claim for indemnification under 
     the agreement, 50 percent or more of the release or 
     threatened release of hazardous substances, pollutants or 
     contaminants, petroleum or petroleum derivatives, or 
     unexploded ordnance giving rise to the suit, claim, demand or 
     action, liability, judgment, cost, or other fee for which 
     indemnification is demanded is a result of Department of 
     Defense activities, the indemnification authorized by 
     paragraph (1) shall be reduced to the extent of the 
     contribution to any such release or threatened release of any 
     person or entity other than the Department of Defense.
       ``(3) No indemnification may be afforded under an agreement 
     under this subsection unless the person or entity making a 
     claim for indemnification--
       ``(A) notifies the Secretary concerned in writing within 
     two months of the filing of any suit, claim, demand, or 
     action that reasonably could be expected to give rise to a 
     liability, judgment, cost, or other fee to which the 
     agreement applies and at least one month before settlement or 
     other resolution of such suit, claim, demand, or action;
       ``(B) furnishes to the Secretary concerned copies of 
     pertinent papers the person or entity receives;
       ``(C) furnishes evidence or proof of any suit, claim, 
     demand or action, liability, judgment, cost, or other fee 
     covered by this subsection;
       ``(D) provides, upon request of the Secretary concerned, 
     access to the records and personnel of the person or entity 
     for purposes of defending or settling any such suit, claim, 
     demand, or action; and
       ``(E) if the Secretary concerned chooses not to defend or 
     settle any such suit, claim, demand, or action, the person or 
     entity making a claim for indemnification notifies the 
     Secretary concerned in writing within one month of any 
     judgment, settlement, or other resolution of the suit, claim, 
     demand, or action.
       ``(4)(A) In any case in which the Secretary concerned 
     determines that the military department may be required to 
     make indemnification payments to a person or entity under 
     this subsection, the Secretary concerned may settle or 
     defend, on behalf of the person or entity, the suit, claim, 
     demand, or action that could give rise to such requirement.
       ``(B) In any case described in subparagraph (A), if the 
     person or entity to whom the military department may be 
     required to make indemnification payments does not allow the 
     Secretary concerned to settle or defend the claim, the person 
     or entity may not be afforded indemnification with respect to 
     the claim under this subsection.
       ``(5) Nothing in this subsection shall be construed as 
     affecting or modifying in any way the applicability of the 
     provisions of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)).''.
       (e) Definitions.--That section is further amended by adding 
     at the end the following new subsection:
       ``(j) In this section:
       ``(1) The term `congressional defense committees' means:
       ``(A) The Committees on Armed Services and Appropriations 
     of the Senate.
       ``(B) The Committees on Armed Services and Appropriations 
     of the House of Representatives.
       ``(2) The term `base closure law' means the following:
       ``(A) Section 2687 of this title.
       ``(B) The Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
     note).
       ``(C) Title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).
       ``(3) The terms `hazardous substance', `release', and 
     `pollutant or contaminant' have the meanings given such terms 
     in paragraphs (14), (22), and (33) of section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980, respectively (42 U.S.C. 9601 (14), 
     (22), and (33)).
       ``(4) The term `military installation' has the meaning 
     given such term in section 2687(e)(1) of this title.''.
       (f) Treatment of Certain Receipts.--(1) From the money 
     rentals resulting from leases entered into under section 2667 
     of title 10, United States Code, an amount equal to 
     $20,100,000 shall be deposited in the Treasury as 
     miscellaneous receipts in each of fiscal years 2001 through 
     2005, inclusive.
       (2) The amount of the deposit under paragraph (1) in any 
     fiscal year covered by that paragraph may be reduced only to 
     the extent that other receipts of the Department of Defense 
     for such fiscal year in an amount equal to such reduction are 
     deposited in the Treasury as miscellaneous receipts in such 
     fiscal year.

     SEC. 2813. EXPANSION OF PROCEDURES FOR SELECTION OF CONVEYEES 
                   UNDER AUTHORITY TO CONVEY UTILITY SYSTEMS.

       Section 2688(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``If more than one''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding paragraph (1), the Secretary 
     concerned may use procedures other than competitive 
     procedures for the selection of a conveyee of a utility under 
     subsection (a) in accordance with the provisions of 
     subsections (c) through (f) of section 2304 this title.''.

            Subtitle C--Defense Base Closure and Realignment

     SEC. 2821. SCOPE OF AGREEMENTS TO TRANSFER PROPERTY TO 
                   REDEVELOPMENT AUTHORITIES WITHOUT CONSIDERATION 
                   UNDER THE BASE CLOSURE LAWS.

       (a) 1990 Law.--Section 2905(b)(4)(B)(i) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended by 
     striking ``the transfer'' and inserting ``the initial 
     transfer of property''.
       (b) 1988 Law.--Section 204(b)(4)(B)(i) of the Defense 
     Authorization Amendments and Base Closure and Realignment Act 
     (title II of Public Law 100-526; 10 U.S.C. 2687 note) is 
     amended by striking ``the transfer'' and inserting ``the 
     initial transfer of property''.

[[Page 14579]]



                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

     SEC. 2831. LAND CONVEYANCE, CHARLES MELVIN PRICE SUPPORT 
                   CENTER, ILLINOIS.

       (a) Conveyance Authorized.--(1) The Secretary of the Army 
     may convey to the Tri-City Regional Port District of Granite 
     City, Illinois (in this section referred to as the ``Port 
     District''), all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, consisting of approximately 752 acres 
     and known as the Charles Melvin Price Support Center, for the 
     purpose of permitting the Port District to use the parcel for 
     development of a port facility and for other public purposes.
       (2) The property to be conveyed under paragraph (1) shall 
     include 158 units of military family housing at the Charles 
     Melvin Price Support Center for the purpose of permitting the 
     Port District to use the housing to provide affordable 
     housing, but only if the Port District agrees to accord first 
     priority to members of the Armed Forces in the lease of the 
     housing.
       (3) The Secretary of the Army may include as part of the 
     conveyance under paragraph (1) such personal property of the 
     Army at the Charles Melvin Price Support Center that the 
     Secretary of Transportation considers appropriate for the 
     development or operation of the port facility if the 
     Secretary of the Army determines that such property is excess 
     to the needs of the Army.
       (b) Interim Lease.--Until such time as the real property 
     described in subsection (a) is conveyed by deed, the 
     Secretary of the Army may lease the property to the Port 
     District.
       (c) Consideration.--(1) The conveyance under subsection (a) 
     shall be made without consideration as a public benefit 
     conveyance for port development if the Secretary of the Army 
     determines that the Port District satisfies the criteria 
     specified in section 203(q) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 484(q)) and 
     regulations prescribed to implement such section. If the 
     Secretary determines that the Port District fails to qualify 
     for a public benefit conveyance, but still desires to acquire 
     the property, the Port District shall pay to the United 
     States an amount equal to the fair market value of the 
     property to be conveyed. The fair market value of the 
     property shall be determined by the Secretary.
       (2) The Secretary may accept as consideration for a lease 
     of the property under subsection (b) an amount that is less 
     than fair market value of the property leased if the 
     Secretary determines that the public interest will be served 
     as a result of the lease on that basis.
       (d) Army Reserve Conference Center.--(1) Notwithstanding 
     the total acreage of the parcel authorized for conveyance 
     under subsection (a), the Secretary of the Army may retain a 
     portion of the parcel, not to exceed 50 acres, for the 
     development of an Army Reserve Conference Center.
       (2) In selecting acreage for retention under this 
     subsection, the Secretary shall ensure that the location and 
     use of the retained acreage does not interfere with the Port 
     District's use of the remainder of the parcel for development 
     of a port facility and for other public purposes.
       (3) At such time as the Secretary determines that the 
     acreage retained under this subsection is no longer needed 
     for an Army Reserve Conference Center, the Secretary shall 
     convey the acreage to the Port District in accordance with 
     subsection (c).
       (e) Federal Lease of Facilities.--(1) As a condition for 
     the conveyance under subsection (a), the Secretary of the 
     Army may require that the Port District lease to the 
     Department of Defense or any other Federal agency facilities 
     for use by the agency on the property being conveyed. Any 
     lease under this subsection shall be made under terms and 
     conditions satisfactory to the Secretary and the Port 
     District.
       (2) The agency leasing a facility under this subsection 
     shall provide for the maintenance of the facility or pay the 
     Port District to maintain the facility. Maintenance of the 
     leased facilities performed by the Port District shall be to 
     the reasonable satisfaction of the United States, or as 
     required by all applicable Federal, State, and local laws and 
     ordinances.
       (3) At the end of a lease under this subsection, the 
     facility covered by the lease shall revert to the Port 
     District.
       (f) Flood Control Easement.--The Port District shall grant 
     to the Secretary of the Army an easement on the property 
     conveyed under subsection (a) for the purpose of permitting 
     the Secretary to implement and maintain flood control 
     projects. The Secretary, acting through the Corps of 
     Engineers, shall be responsible for the maintenance of any 
     flood control project built on the property pursuant to the 
     easement.
       (g) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary of the Army and the Port District.
       (h) Additional Terms.--The Secretary of the Army may 
     require such additional terms and conditions in connection 
     with the conveyance as the Secretary considers appropriate to 
     protect the interests of the United States.

     SEC. 2832. LAND CONVEYANCE, LIEUTENANT GENERAL MALCOLM HAY 
                   ARMY RESERVE CENTER, PITTSBURGH, PENNSYLVANIA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the City of Pittsburgh, Pennsylvania (in this 
     section referred to as the ``City''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 2.68 acres located at 950 Saw Mill Run 
     Boulevard in Pittsburgh, Pennsylvania, and containing the 
     Lieutenant General Malcolm Hay Army Reserve Center.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall pay to the United States 
     an amount equal to the fair market value of the property to 
     be conveyed, as determined by the Secretary.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the City.
       (d) Additional Terms and Consideration.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2833. LAND CONVEYANCE, COLONEL HAROLD E. STEELE ARMY 
                   RESERVE CENTER AND MAINTENANCE SHOP, 
                   PITTSBURGH, PENNSYLVANIA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Ellis School, Pittsburgh, Pennsylvania (in this 
     section referred to as the ``School''), all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 2 acres located at 6482 Aurelia Street in 
     Pittsburgh, Pennsylvania, and containing the Colonel Harold 
     E. Steele Army Reserve Center and Maintenance Shop.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the School shall pay to the United 
     States an amount equal to the fair market value of the 
     property to be conveyed, as determined by the Secretary.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     School.
       (d) Additional Terms and Consideration.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2834. LAND CONVEYANCE, FORT LAWTON, WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the City of Seattle, 
     Washington (in this section referred to as the ``City''), all 
     right, title, and interest of the United States in and to the 
     real property at Fort Lawton, Washington, consisting of Area 
     500 and Government Way from 36th Avenue to Area 500, for 
     purposes of the inclusion of the property in Discovery Park, 
     Seattle, Washington.
       (b) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the City.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2835. LAND CONVEYANCE, VANCOUVER BARRACKS, WASHINGTON.

       (a) Conveyance of West Barracks Authorized.--The Secretary 
     of the Army may convey, without consideration, to the City of 
     Vancouver, Washington (in this section referred to as the 
     ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, encompassing 19 structures at Vancouver 
     Barracks, Washington, which are identified by the Army using 
     numbers between 602 and 676, and are known as the west 
     barracks.
       (b) Purpose.--The purpose of the conveyance authorized by 
     subsection (a) shall be to include the property described in 
     that subsection in the Vancouver National Historic Reserve, 
     Washington.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the City.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     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.

[[Page 14580]]

       (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.

     SEC. 2837. LAND CONVEYANCE, ARMY RESERVE CENTER, WINONA, 
                   MINNESOTA.

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

                       Part II--Navy Conveyances

     SEC. 2851. MODIFICATION OF LAND CONVEYANCE, MARINE CORPS AIR 
                   STATION, EL TORO, CALIFORNIA.

       (a) Use of Consideration for Conveyance at MCAS, Miramar, 
     California.--Section 2811(a)(2) of the Military Construction 
     Authorization Act for Fiscal Years 1990 and 1991 (division B 
     of Public Law 101-189; 103 Stat. 1650) is amended by striking 
     ``of additional military family housing units at Marine Corps 
     Air Station, Tustin, California.'' and inserting ``and repair 
     of roads and development of aerial port of embarkation 
     facilities at Marine Corps Air Station, Miramar, 
     California.''.
       (b) Conforming Amendment.--The section heading of such 
     section is amended by striking ``, AND CONSTRUCTION OF FAMILY 
     HOUSING AT MARINE CORPS AIR STATION, TUSTIN, CALIFORNIA''.

     SEC. 2852. MODIFICATION OF LAND CONVEYANCE, DEFENSE FUEL 
                   SUPPLY POINT, CASCO BAY, MAINE.

       Section 2839 of the Military Construction Authorization Act 
     for Fiscal Year 1995 (division B of Public Law 103-337; 108 
     Stat. 3065) is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) Replacement of Removed Electric Utility Service.--(1) 
     The Secretary of Defense may replace the electric utility 
     service removed during the course of environmental 
     remediation carried out with respect to the property to be 
     conveyed under subsection (a), including the procurement and 
     installation of electrical cables, switch cabinets, and 
     transformers associated with the service.
       ``(2) As part of the replacement of the electric utility 
     service under paragraph (1), the Secretary of Defense may, in 
     consultation with the Town, improve the electric utility 
     service and install telecommunications service. The Town 
     shall pay any cost associated with the improvement of the 
     electric utility service and the installation of 
     telecommunications service under this paragraph.''.

     SEC. 2853. MODIFICATION OF LAND CONVEYANCE AUTHORITY, FORMER 
                   NAVAL TRAINING CENTER, BAINBRIDGE, CECIL 
                   COUNTY, MARYLAND.

       Section 1 of Public Law 99-596 (100 Stat. 3349) is 
     amended--
       (1) in subsection (a), by striking ``subsections (b) 
     through (f)'' and inserting ``subsections (b) through (e)'';
       (2) by striking subsection (b) and inserting the following 
     new subsection (b):
       ``(b) Consideration.--(1) In the event of the transfer of 
     the property under subsection (a) to the State of Maryland, 
     the transfer shall be with consideration or without 
     consideration from the State of Maryland, at the election of 
     the Secretary.
       ``(2) If the Secretary elects to receive consideration from 
     the State of Maryland under paragraph (1), the Secretary may 
     reduce the amount of consideration to be received from the 
     State of Maryland under that paragraph by an amount equal to 
     the cost, estimated as of the time of the transfer of the 
     property under this section, of the restoration of the 
     historic buildings on the property. The total amount of the 
     reduction of consideration under this paragraph may not 
     exceed $500,000.'';
       (3) by striking subsection (d); and
       (4) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.

     SEC. 2854. LAND CONVEYANCE, NAVAL COMPUTER AND 
                   TELECOMMUNICATIONS STATION, CUTLER, MAINE.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, without consideration, to the State of Maine, any 
     political subdivision of the State of Maine, or any tax-
     supported agency in the State of Maine, all right, title, and 
     interest of the United States in and to a parcel of real 
     property, together with any improvements thereon, consisting 
     of approximately 263 acres located in Washington County, 
     Maine, and known as the Naval Computer and Telecommunications 
     Station (NCTS), Cutler, Maine.
       (b) Reimbursement for Environmental and Other 
     Assessments.--(1) The Secretary may require the recipient of 
     the property conveyed under this section to reimburse the 
     Secretary for the costs incurred by the Secretary for any 
     environmental assessments and other studies and analyses 
     carried out by the Secretary with respect to the property to 
     be conveyed under this section before the conveyance of the 
     property under this section.
       (2) The amount of any reimbursement required under 
     paragraph (1) shall be determined by the Secretary and may 
     not exceed the cost of the assessments, studies, and analyses 
     for which reimbursement is required under that paragraph.
       (3) Amounts paid as reimbursement for costs under this 
     subsection shall be credited to the account from which the 
     costs were paid. Amounts so credited to an account shall be 
     merged with funds in the account, and shall be available for 
     the same purposes and subject to the same limitations as the 
     funds with which merged.
       (c) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     recipient of the property under this section.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (e) Lease of Property Pending Conveyance.--(1) Pending the 
     conveyance by deed of the property authorized to be conveyed 
     by subsection (a), the Secretary may enter into one or more 
     leases of the property.
       (2) The Secretary shall deposit any amounts paid under a 
     lease under paragraph (1) in the appropriation or account 
     providing funds for the protection, maintenance, or repair of 
     the property, or for the provision of utility services for 
     the property. Amounts so deposited shall be merged with funds 
     in the appropriation or account in which deposited, and shall 
     be available for the same purposes, and subject to the same 
     conditions and limitations, as the funds with which merged.

     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 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.''.

[[Page 14581]]

       (c) Conforming Amendments.--Such section is further 
     amended--
       (1) by striking subsection (f); and
       (2) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.

     SEC. 2856. REGARDING LAND CONVEYANCE, MARINE CORPS BASE, CAMP 
                   LEJEUNE, NORTH CAROLINA.

       (a) Conveyance Authorized.--The Secretary of the Navy may 
     convey, to the City of Jacksonville, North Carolina (City), 
     all right, title and interest of the United States in and to 
     real property, including improvements thereon, and currently 
     leased to Norfolk Southern Corporation (NSC), consisting of 
     approximately 50 acres, known as the railroad right-of-way, 
     lying within the City between Highway 24 and Highway 17, at 
     the Marine Corps Base, Camp Lejeune, North Carolina, for the 
     purpose of permitting the City to develop the parcel for 
     initial use as a bike/green way trail.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall reimburse the Secretary 
     such amounts (as determined by the Secretary) equal to the 
     costs incurred by the Secretary in carrying out the 
     provisions of this section, including, but not limited to, 
     planning, design, surveys, environmental assessment and 
     compliance, supervision and inspection of construction, 
     severing and realigning utility systems, and other prudent 
     and necessary actions, prior to the conveyance authorized by 
     subsection (a). Amounts collected under this subsection shall 
     be credited to the account(s) from which the expenses were 
     paid. Amounts so credited shall be merged with funds in such 
     account(s) and shall be available for the same purposes and 
     subject to the same limitations as the funds with which 
     merged.
       (c) Condition of Conveyance.--The right of the Secretary of 
     the Navy to retain such easements, rights-of-way, and other 
     interests in the property conveyed and to impose such 
     restrictions on the property conveyed as are necessary to 
     ensure the effective security, maintenance, and operations of 
     the Marine Corps Base, Camp Lejeune, North Carolina, and to 
     protect human health and the environment.
       (d) Description of the Property.--The exact acreage and 
     legal description of the real property authorized to be 
     conveyed under subsection (a) shall be determined by a survey 
     satisfactory to the Secretary of the Navy.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Navy may require such additional terms and conditions in 
     connection with the conveyance under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

                    Part III--Air Force Conveyances

     SEC. 2861. MODIFICATION OF LAND CONVEYANCE, ELLSWORTH AIR 
                   FORCE BASE, SOUTH DAKOTA.

       (a) Modification of Conveyee.--Subsection (a) of section 
     2863 of the Military Construction Authorization Act for 
     Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 
     2010) is amended by striking ``Greater Box Elder Area 
     Economic Development Corporation, Box Elder, South Dakota (in 
     this section referred to as the `Corporation')'' and 
     inserting ``West River Foundation for Economic and Community 
     Development, Sturgis, South Dakota (in this section referred 
     to as the `Foundation')''.
       (b) Conforming Amendments.--That section is further amended 
     by striking ``Corporation'' each place it appears in 
     subsections (c) and (e) and inserting ``Foundation''.

     SEC. 2862. LAND CONVEYANCE, LOS ANGELES AIR FORCE BASE, 
                   CALIFORNIA.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, by sale or lease upon such terms as the Secretary 
     considers appropriate, all or any portion of the following 
     parcels of real property, including improvements thereon, at 
     Los Angeles Air Force Base, California:
       (1) Approximately 42 acres in El Segundo, California, 
     commonly known as Area A.
       (2) Approximately 52 acres in El Segundo, California, 
     commonly known as Area B.
       (3) Approximately 13 acres in Hawthorne, California, 
     commonly known as the Lawndale Annex.
       (4) Approximately 3.7 acres in Sun Valley, California, 
     commonly known as the Armed Forces Radio and Television 
     Service Broadcast Center.
       (b) Consideration.--As consideration for the conveyance of 
     real property under subsection (a), the recipient of the 
     property shall provide for the design and construction on 
     real property acceptable to the Secretary of one or more 
     facilities to consolidate the mission and support functions 
     at Los Angeles Air Force Base. Any such facility must comply 
     with the seismic and safety design standards for Los Angeles 
     County, California, in effect at the time the Secretary takes 
     possession of the facility.
       (c) Leaseback Authority.--If the fair market value of a 
     facility to be provided as consideration for the conveyance 
     of real property under subsection (a) exceeds the fair market 
     value of the conveyed property, the Secretary may enter into 
     a lease for the facility for a period not to exceed 10 years. 
     Rental payments under the lease shall be established at the 
     rate necessary to permit the lessor to recover, by the end of 
     the lease term, the difference between the fair market value 
     of a facility and the fair market value of the conveyed 
     property. At the end of the lease, all right, title, and 
     interest in the facility shall vest in the United States.
       (d) Appraisal of Property.--The Secretary shall obtain an 
     appraisal of the fair market value of all property and 
     facilities to be sold, leased, or acquired under this 
     section. An appraisal shall be made by a qualified appraiser 
     familiar with the type of property to be appraised. The 
     Secretary shall consider the appraisals in determining 
     whether a proposed conveyance accomplishes the purpose of 
     this section and is in the interest of the United States. 
     Appraisal reports shall not be released outside of the 
     Federal Government, other than the other party to a 
     conveyance.
       (e) Description of Property.--The exact acreage and legal 
     description of real property to be conveyed under subsection 
     (a) or acquired under subsection (b) shall be determined by a 
     survey satisfactory to the Secretary. The cost of the survey 
     shall be borne by the recipient of the property.
       (f) Exemption.--Section 2696 of title 10, United States 
     Code, does not apply to the conveyance authorized by 
     subsection (a).
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under subsection (a) or a lease under 
     subsection (c) as the Secretary considers appropriate to 
     protect the interests of the United States.

     SEC. 2863. LAND CONVEYANCE, MUKILTEO TANK FARM, EVERETT, 
                   WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the Port of Everett, 
     Washington (in this section referred to as the ``Port''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 22 acres and known as the 
     Mukilteo Tank Farm for the purposes of permitting the Port to 
     use the parcel for the development and operation of a port 
     facility and for other public purposes.
       (b) Personal Property.--The Secretary of the Air Force may 
     include as part of the conveyance authorized by subsection 
     (a) any personal property at the Mukilteo Tank Farm that is 
     excess to the needs of the Air Force if the Secretary of 
     Transportation determines that such personal property is 
     appropriate for the development or operation of the Mukilteo 
     Tank Farm as a port facility.
       (c) Interim Lease.--(1) Until such time as the real 
     property described in subsection (a) is conveyed by deed, the 
     Secretary of the Air Force may lease all or part of the real 
     property to the Port if the Secretary determines that the 
     real property is suitable for lease and the lease of the 
     property under this subsection will not interfere with any 
     environmental remediation activities or schedules under 
     applicable law or agreements.
       (2) The determination under paragraph (1) whether the lease 
     of the real property will interfere with environmental 
     remediation activities or schedules referred to in that 
     paragraph shall be based upon an environmental baseline 
     survey conducted in accordance with applicable Air Force 
     regulations and policy.
       (3) Except as provided by paragraph (4), as consideration 
     for the lease under this subsection, the Port shall pay the 
     Secretary an amount equal to the fair market of the lease, as 
     determined by the Secretary.
       (4) The amount of consideration paid by the Port for the 
     lease under this subsection may be an amount, as determined 
     by the Secretary, less than the fair market value of the 
     lease if the Secretary determines that--
       (A) the public interest will be served by an amount of 
     consideration for the lease that is less than the fair market 
     value of the lease; and
       (B) payment of an amount equal to the fair market value of 
     the lease is unobtainable.
       (d) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary of the Air Force and the Port.
       (e) Additional Terms.--The Secretary of the Air Force, in 
     consultation with the Secretary of Transportation, may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary of 
     the Air Force considers appropriate to protect the interests 
     of the United States.

                 Part IV--Defense Agencies Conveyances

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

       (a) Conveyance Authorized.--(1) The Secretary of Defense 
     may convey all right, title, and interest of the United 
     States in and to a parcel of real property, including 
     improvements thereon, under the jurisdiction of the Army and 
     Air Force Exchange Service that is located at 2727 LBJ 
     Freeway, Farmers Branch, Texas.
       (2) The Secretary shall carry out any activities under this 
     section (other than activities under subsections (e) and (g)) 
     through the Army and Air Force Exchange Service.
       (b) Consideration.--As consideration for the conveyance of 
     property under subsection (a) the Secretary shall require a 
     cash payment in an amount equal to the fair market value (as 
     determined by the Secretary) of the property. The cash 
     payment shall be made in a lump-sum payment.
       (c) Treatment of Payment.--Any cash payment received under 
     subsection (b) shall be processed in accordance with section 
     204(c) of the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 485(c)).
       (d) Application of Other Laws.--The conveyance authorized 
     by subsection (a) shall not be subject to the following:
       (1) Section 2693 of title 10, United States Code.
       (2) The provisions of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).

[[Page 14582]]

       (3) Section 501 of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11411).
       (4) Any other provision of law which is inconsistent with a 
     provision of this section.
       (e) Report.--Not later than one year after the conveyance, 
     if any, of property under this section, the Secretary shall 
     submit to the congressional defense committees a report on 
     the conveyance. The report shall set forth the details of the 
     conveyance.
       (f) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     prospective purchaser of the property.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                       Part V--Other Conveyances

     SEC. 2881. LAND CONVEYANCE, FORMER NATIONAL GROUND 
                   INTELLIGENCE CENTER, CHARLOTTESVILLE, VIRGINIA.

       (a) Conveyance Authorized.--The Administrator of General 
     Services may convey, without consideration, to the City of 
     Charlottesville, Virginia (in this section referred to as the 
     ``City''), all right, title, and interest of the United 
     States in and to a parcel of real property, including any 
     improvements thereon, formerly occupied by the National 
     Ground Intelligence Center and known as the Jefferson Street 
     Property.
       (b) Authority To Convey Without Consideration.--The 
     conveyance authorized by subsection (a) may be made without 
     consideration if the Administrator determines that the 
     conveyance on that basis would be in the best interests of 
     the United States.
       (c) Purpose of Conveyance.--The conveyance authorized by 
     subsection (a) shall be for the purpose of permitting the 
     City to use the parcel, directly or through an agreement with 
     a public or private entity, for economic development 
     purposes.
       (d) Reversionary Interest.--If, during the 5-year period 
     beginning on the date the Administrator makes the conveyance 
     authorized by subsection (a), the Administrator determines 
     that the conveyed real property is not being used for a 
     purpose specified in subsection (c), all right, title, and 
     interest in and to the property, including any improvements 
     thereon, may upon the election of the Administrator revert to 
     the United States, and upon such reversion the United States 
     shall have the right of immediate entry onto the property.
       (e) Inapplicability of Certain Property Management Laws.--
     The conveyance authorized by subsection (a) shall not be 
     subject to the following:
       (1) Sections 2667 and 2696 of title 10, United States Code.
       (2) Section 501 of the Stewart B. McKinney Homeless 
     Assistance Act (42 U.S.C. 11411).
       (3) Sections 202 and 203 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 483, 484).
       (f) Limitation on Certain Subsequent Conveyances.--(1) 
     Subject to paragraph (2), if at any time after the 
     Administrator makes the conveyance authorized by subsection 
     (a) the City conveys any portion of the parcel conveyed under 
     that subsection to a private entity, the City shall pay to 
     the United States an amount equal to the fair market value 
     (as determined by the Administrator) of the portion conveyed 
     at the time of its conveyance under this subsection.
       (2) Paragraph (1) applies to a conveyance described in that 
     paragraph only if the Administrator makes the conveyance 
     authorized by subsection (a) without consideration.
       (3) The Administrator shall deposit any amounts paid the 
     United States under this subsection into the fund established 
     by section 210(f) of the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 490(f)). Any amounts so 
     deposited shall be available to the Administrator for real 
     property management and related activities as provided for 
     under paragraph (2) of that section.
       (g) 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 Administrator. The cost of the survey shall be borne 
     by the City.
       (h) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance as the Administrator considers 
     appropriate to protect the interests of the United States.

                       Subtitle E--Other Matters

     SEC. 2891. NAMING OF ARMY MISSILE TESTING RANGE AT KWAJALEIN 
                   ATOLL AS THE RONALD REAGAN BALLISTIC MISSILE 
                   DEFENSE TEST SITE AT KWAJALEIN ATOLL.

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

     SEC. 2892. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
                   THIRD BUILDING AT UNITED STATES AIR FORCE 
                   MUSEUM, WRIGHT-PATTERSON AIR FORCE BASE, OHIO.

       (a) Acceptance Authorized.--(1) The Secretary of the Air 
     Force may accept from the Air Force Museum Foundation, a 
     private non-profit foundation, gifts in the form of cash, 
     Treasury instruments, or comparable United States Government 
     securities for the purpose of paying the costs of design and 
     construction of a third building for the United States Air 
     Force Museum at Wright-Patterson Air Force Base, Ohio. The 
     building is listed as an unfunded military construction 
     requirement for the Air Force in the fiscal year 2002 
     military construction program of the Air Force.
       (2) A gift accepted under paragraph (1) may specify that 
     all or part of the amount of the gift be utilized solely for 
     purposes of the design and construction of a particular 
     portion of the building described in that paragraph.
       (b) Deposit in Escrow Account.--The Secretary, acting 
     through the Comptroller of the Air Force Materiel Command, 
     shall deposit the amount of any cash, instruments, or 
     securities accepted as a gift under subsection (a) in an 
     escrow account established for that purpose.
       (c) Investment.--Amounts in the escrow account under 
     subsection (b) not required to meet current requirements of 
     the account shall be invested in public debt securities with 
     maturities suitable to the needs of the account, as 
     determined by the Comptroller of the Air Force Materiel 
     Command, and bearing interest at rates that take into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturities. 
     The income on such investments shall be credited to and form 
     a part of the account.
       (d) Utilization.--(1) Amounts in the escrow account under 
     subsection (b), including any income on investments of such 
     amounts under subsection (c), that are attributable to a 
     particular portion of the building described in subsection 
     (a) shall be utilized by the Comptroller of the Air Force 
     Materiel Command to pay the costs of the design and 
     construction of such portion of the building, including 
     progress payments for such design and construction.
       (2) Subject to paragraph (3), amounts shall be payable 
     under paragraph (1) upon receipt by the Comptroller of the 
     Air Force Materiel Command of a notification from an 
     appropriate officer or employee of the Corps of Engineers 
     that such amounts are required for the timely payment of an 
     invoice or claim for the performance of design or 
     construction activities for which such amounts are payable 
     under paragraph (1).
       (3) The Comptroller of the Air Force Materiel Command 
     shall, to the maximum extent practicable consistent with good 
     business practice, limit payment of amounts from the account 
     in order to maximize the return on investment of amounts in 
     the account.
       (e) Limitation on Contracts.--The Corps of Engineers may 
     not enter into a contract for the design or construction of a 
     particular portion of the building described in subsection 
     (a) until amounts in the escrow account under subsection (b), 
     including any income on investments of such amounts under 
     subsection (c), that are attributable to such portion of the 
     building are sufficient to cover the amount of such contract.
       (f) Liquidation of Escrow Account.--(1) Upon final payment 
     of all invoices and claims associated with the design and 
     construction of the building described in subsection (a), the 
     Secretary of the Air Force shall terminate the escrow account 
     under subsection (b).
       (2) Any amounts in the account upon final payment of 
     invoices and claims as described in paragraph (1) shall be 
     available to the Secretary for such purposes as the Secretary 
     considers appropriate.

     SEC. 2893. DEVELOPMENT OF MARINE CORPS HERITAGE CENTER AT 
                   MARINE CORPS BASE, QUANTICO, VIRGINIA.

       (a) Authority To Enter into Joint Venture for 
     Development.--The Secretary of the Navy may enter into a 
     joint venture with the Marine Corps Heritage Foundation, a 
     not-for-profit entity, for the design and construction of a 
     multipurpose facility to be used for historical displays for 
     public viewing, curation, and storage of artifacts, research 
     facilities, classrooms, offices, and associated activities 
     consistent with the mission of the Marine Corps University. 
     The facility shall be known as the Marine Corps Heritage 
     Center.
       (b) Authority To Accept Certain Land.--(1) The Secretary 
     may, if the Secretary determines it to be necessary for the 
     facility described in subsection (a), accept without 
     compensation any portion of the land known as Locust Shade 
     Park which is now offered by the Park Authority of the County 
     of Prince William, Virginia, as a potential site for the 
     facility.
       (2) The Park Authority may convey the land described in 
     paragraph (1) to the Secretary under this section without 
     regard to any limitation on its use, or requirement for its 
     replacement upon conveyance, under section 6(f)(3) of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(f)(3)) or under any other provision of law.
       (c) Design and Construction.--For each phase of development 
     of the facility described in subsection (a), the Secretary 
     may--
       (1) permit the Marine Corps Heritage Foundation to contract 
     for the design, construction, or both of such phase of 
     development; or
       (2) accept funds from the Marine Corps Heritage Foundation 
     for the design, construction, or both of such phase of 
     development.
       (d) Acceptance Authority.--Upon completion of construction 
     of any phase of development of the facility described in 
     subsection (a) by the Marine Corps Heritage Foundation to the 
     satisfaction of the Secretary, and the satisfaction of any 
     financial obligations incident thereto by the Marine Corps 
     Heritage Foundation,

[[Page 14583]]

     the facility shall become the property of the Department of 
     the Navy with all right, title, and interest in and to 
     facility being in the United States.
       (e) Lease of Facility.--(1) The Secretary may lease, under 
     such terms and conditions as the Secretary considers 
     appropriate for the joint venture authorized by subsection 
     (a), portions of the facility developed under that subsection 
     to the Marine Corps Heritage Foundation for use in generating 
     revenue for activities of the facility and for such 
     administrative purposes as may be necessary for support of 
     the facility.
       (2) The amount of consideration paid the Secretary by the 
     Marine Corps Heritage Foundation for the lease under 
     paragraph (1) may not exceed an amount equal to the actual 
     cost (as determined by the Secretary) of the operation of the 
     facility.
       (3) Notwithstanding any other provision of law, the 
     Secretary shall use amounts paid under paragraph (2) to cover 
     the costs of operation of the facility.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the joint venture authorized by subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 2894. ACTIVITIES RELATING TO THE GREENBELT AT FALLON 
                   NAVAL AIR STATION, NEVADA.

       (a) In General.--The Secretary of the Navy shall, in 
     consultation with the Secretary of the Army acting through 
     the Chief of Engineers, carry out appropriate activities 
     after examination of the potential environmental and flight 
     safety ramifications for irrigation that has been eliminated, 
     or will be eliminated, for the greenbelt at Fallon Naval Air 
     Station, Nevada. Any activities carried out under the 
     preceding sentence shall be consistent with aircrew safety at 
     Fallon Naval Air Station.
       (b) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for operation and maintenance 
     for the Navy such sums as may be necessary to carry out the 
     activities required by subsection (a).

     SEC. 2895. SENSE OF CONGRESS REGARDING LAND TRANSFERS AT 
                   MELROSE RANGE, NEW MEXICO, AND YAKIMA TRAINING 
                   CENTER, WASHINGTON.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of the Air Force seeks the transfer of 
     6,713 acres of public domain land within the Melrose Range, 
     New Mexico, from the Department of the Interior to the 
     Department of the Air Force for the continued use of these 
     lands as a military range.
       (2) The Secretary of the Army seeks the transfer of 6,640 
     acres of public domain land within the Yakima Training 
     Center, Washington, from the Department of the Interior to 
     the Department of the Army for military training purposes.
       (3) The transfers provide the Department of the Air Force 
     and the Department of the Army with complete land management 
     control of these public domain lands to allow for effective 
     land management, minimize safety concerns, and ensure 
     meaningful training.
       (4) The Department of the Interior concurs with the land 
     transfers at Melrose Range and Yakima Training Center.
       (b) Sense of Congress.--It is the sense of Congress that 
     the land transfers at Melrose Range, New Mexico, and Yakima 
     Training Center, Washington, will support military training, 
     safety, and land management concerns on the lands subject to 
     transfer.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2001 
     for national nuclear security administration in carrying out 
     programs necessary for national security in the amount of 
     $6,289,835,000, to be allocated as follows:
       (1) Weapons activities.--For weapons activities necessary 
     for national nuclear security administration, $4,747,800,000, 
     to be allocated as follows:
       (A) Stewardship operation and maintenance.--For stewardship 
     operation and maintenance in carrying out weapons activities 
     necessary for national nuclear security administration, 
     $3,822,383,000, to be allocated as follows:
       (i) For directed stockpile work, $842,603,000.
       (ii) For campaigns, $1,471,982,000.
       (iii) For readiness in technical base and facilities, 
     $1,507,798,000.
       (B) Secure transportation assets.--For secure 
     transportation assets in carrying out weapons activities 
     necessary for national nuclear security administration, 
     $115,673,000, to be allocated as follows:
       (i) For operation and maintenance, $79,357,000.
       (ii) For program direction (secure transportation), 
     $36,316,000.
       (C) Program direction.--For program direction in carrying 
     out weapons activities necessary for national nuclear 
     security administration, $221,257,000.
       (D) Construction.--For construction (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto) in carrying out weapons activities necessary for 
     national nuclear security administration, $588,173,000, to be 
     allocated as follows:
       Project 01-D-101, distributed information systems 
     laboratory, Sandia National Laboratories, Livermore, 
     California, $2,300,000.
       Project 01-D-103, preliminary project design and 
     engineering, various locations, $14,500,000.
       Project 01-D-124, highly enriched uranium (HEU) materials 
     facility, Y-12 Plant, Oak Ridge, Tennessee, $17,800,000.
       Project 01-D-126, weapons evaluation test laboratory, 
     Pantex Plant, Amarillo, Texas, $3,000,000.
       Project 00-D-103, terascale simulation facility, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $5,000,000.
       Project 00-D-105, strategic computing complex, Los Alamos 
     National Laboratory, Los Alamos, New Mexico, $56,000,000.
       Project 00-D-107, joint computational engineering 
     laboratory, Sandia National Laboratories, Albuquerque, New 
     Mexico, $6,700,000.
       Project 99-D-103, isotope sciences facilities, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $5,000,000.
       Project 99-D-104, protection of real property (roof 
     reconstruction, Phase II) Lawrence Livermore National 
     Laboratory, Livermore, California, $2,800,000.
       Project 99-D-106, model validation and systems 
     certification test center, Sandia National Laboratories, 
     Albuquerque, New Mexico, $5,200,000.
       Project 99-D-108, renovate existing roadways, Nevada Test 
     Site, Nevada, $2,000,000.
       Project 99-D-125, replace boilers and controls, Kansas City 
     Plant, Kansas City, Missouri, $13,000,000.
       Project 99-D-127, stockpile management restructuring 
     initiative, Kansas City Plant, Kansas City, Missouri, 
     $23,765,000.
       Project 99-D-128, stockpile management restructuring 
     initiative, Pantex Plant consolidation, Amarillo, Texas, 
     $4,998,000.
       Project 99-D-132, stockpile management restructuring 
     initiative, nuclear materials safeguards and security 
     upgrades project, Los Alamos National Laboratory, Los Alamos, 
     New Mexico, $18,043,000.
       Project 98-D-123, stockpile management restructuring 
     initiative, tritium facility modernization and consolidation, 
     Savannah River Site, Aiken, South Carolina, $30,767,000.
       Project 98-D-125, tritium extraction facility, Savannah 
     River Site, Aiken, South Carolina, $75,000,000.
       Project 98-D-126, Accelerator Production of Tritium (APT), 
     various locations, $34,000,000.
       Project 97-D-102, dual-axis radiographic hydrotest facility 
     (DARHT), Los Alamos National Laboratory, Los Alamos, New 
     Mexico, $35,232,000.
       Project 97-D-123, structural upgrades, Kansas City Plant, 
     Kansas City, Missouri, $2,918,000.
       Project 96-D-111, national ignition facility (NIF), 
     Lawrence Livermore National Laboratory, Livermore, 
     California, $214,100,000.
       Project 95-D-102, chemistry and metallurgy research 
     upgrades project, Los Alamos National Laboratory, Los Alamos, 
     New Mexico, $13,337,000.
       Project 88-D-123, security enhancement, Pantex Plant, 
     Amarillo, Texas, $2,713,000.
       (2) Defense nuclear nonproliferation.--For defense nuclear 
     nonproliferation necessary for national nuclear security 
     administration, $847,035,000, to be allocated as follows:
       (A) Nonproliferation and verification research and 
     development.--For nonproliferation and verification research 
     and development technology in carrying out defense nuclear 
     nonproliferation necessary for national nuclear security 
     administration, $262,990,000, to be allocated as follows:
       (i) For operation and maintenance, $255,990,000.
       (ii) For the following plant project (including 
     maintenance, restoration, planning, construction, 
     acquisition, modification of facilities, and the continuation 
     of projects authorized in prior years, and land acquisition 
     related thereto), $7,000,000, to be allocated as follows:

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

       (B) Arms control.--For arms control in carrying out defense 
     nuclear nonproliferation necessary for national nuclear 
     security administration, $308,060,000, to be allocated as 
     follows:
       (i) For arms control operations, $272,870,000.
       (ii) For highly enriched uranium (HEU) transparency 
     implementation, $15,190,000.
       (iii) For international nuclear safety, $20,000,000.
       (C) Fissile materials disposition.--For fissile materials 
     disposition in carrying out defense nuclear nonproliferation 
     necessary for national nuclear security administration, 
     $224,517,000, to be allocated as follows:
       (i) For operation and maintenance, $175,517,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $49,000,000, to be allocated as follows:

       Project 00-D-142, immobilization and associated processing 
     facility, titles I and II design, Savannah River Site, Aiken, 
     South Carolina, $3,000,000.

[[Page 14584]]

       Project 99-D-141, pit disassembly and conversion facility, 
     titles I and II design, Savannah River Site, Aiken, South 
     Carolina, $20,000,000.
       Project 99-D-143, mixed oxide fuel fabrication facility, 
     titles I and II design, Savannah River Site, Aiken, South 
     Carolina, $26,000,000.

       (D) Program direction.--For program direction in carrying 
     out defense nuclear nonproliferation necessary for national 
     nuclear security administration, $51,468,000.
       (3) Naval reactors.--For naval reactors activities 
     necessary for national nuclear security administration, 
     $695,000,000, to be allocated as follows:
       (A) Naval reactors development.--For naval reactors 
     development in carrying out naval reactors activities 
     necessary for national nuclear security administration, 
     $673,600,000, to be allocated as follows:
       (i) For operation and maintenance, $644,900,000.
       (ii) For plant projects (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $28,700,000, to be allocated as follows:

       Project GPN-101, general plant projects, various locations, 
     $11,400,000.
       Project 01-D-200, major office replacement building, 
     Schenectady, New York, $1,300,000.
       Project 90-N-102, expended core facility dry cell project, 
     Naval Reactors Facility, Idaho Falls, Idaho, $16,000,000.

       (B) Program direction.--For program direction in carrying 
     out naval reactors activities necessary for national nuclear 
     security administration, $21,400,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 
                   MANAGEMENT.

       (a) In General.--Subject to subsection (b), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 2001 for environmental restoration and 
     waste management activities in carrying out programs 
     necessary for national security in the amount of 
     $5,651,824,000, to be allocated as follows:
       (1) Closure projects.--For closure projects carried out in 
     accordance with section 3143 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     110 Stat. 2836; 42 U.S.C. 7277n), $1,082,297,000
       (2) Site/project completion.--For site completion and 
     project completion in carrying out environmental management 
     activities necessary for national security programs, 
     $930,951,000, to be allocated as follows:
       (A) For operation and maintenance, $861,475,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $69,476,000, to be allocated as follows:
       Project 01-D-402, Intec cathodic protection system 
     expansion, Idaho National Engineering and Environmental 
     Laboratory, Idaho Falls, Idaho, $500,000.
       Project 01-D-407, highly enriched uranium (HEU) blend down, 
     Savannah River Site, Aiken, South Carolina, $27,932,000.
       Project 99-D-402, tank farm support services, F&H areas, 
     Savannah River Site, Aiken, South Carolina, $7,714,000.
       Project 99-D-404, health physics instrumentation 
     laboratory, Idaho National Engineering and Environmental 
     Laboratory, Idaho Falls, Idaho, $4,300,000.
       Project 98-D-453, plutonium stabilization and handling 
     system for plutonium finishing plant, Richland, Washington, 
     $1,690,000.
       Project 97-D-470, regulatory monitoring and bioassay 
     laboratory, Savannah River Site, Aiken, South Carolina, 
     $3,949,000.
       Project 96-D-471, chlorofluorocarbon heating, ventilation, 
     and air conditioning and chiller retrofit, Savannah River 
     Site, Aiken, South Carolina, $12,512,000.
       Project 92-D-140, F&H canyon exhaust upgrades, Savannah 
     River Site, Aiken, South Carolina, $8,879,000.
       Project 86-D-103, decontamination and waste treatment 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $2,000,000.
       (3) Post 2006 completion.--For post-2006 completion in 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs, 
     $3,178,457,000, to be allocated as follows:
       (A) For operation and maintenance, $2,683,725,000.
       (B) For plant projects (including maintenance, restoration, 
     planning, construction, acquisition, modification of 
     facilities, and the continuation of projects authorized in 
     prior years, and land acquisition related thereto), 
     $99,732,000, to be allocated as follows:
       Project 01-D-403, immobilized high-level waste interim 
     storage facility, Richland, Washington, $1,300,000.
       Project 99-D-403, privatization phase I infrastructure 
     support, Richland, Washington, $7,812,000.
       Project 97-D-402, tank farm restoration and safe 
     operations, Richland, Washington, $46,023,000.
       Project 94-D-407, initial tank retrieval systems, Richland, 
     Washington, $17,385,000.
       Project 93-D-187, high-level waste removal from filled 
     waste tanks, Savannah River Site, Aiken, South Carolina, 
     $27,212,000.
       (4) Science and technology development.--For science and 
     technology development in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs, $246,548,000.
       (5) Program direction.--For program direction in carrying 
     out environmental restoration and waste management activities 
     necessary for national security programs, $354,888,000.
       (b) Adjustment.--The total amount authorized to be 
     appropriated by subsection (a) is the sum of the amounts 
     authorized to be appropriated by paragraphs (1) through (5) 
     of that subsection, reduced by $216,317,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       (a) In General.--Subject to subsection (b), funds are 
     hereby authorized to be appropriated to the Department of 
     Energy for fiscal year 2001 for other defense activities in 
     carrying out programs necessary for national security in the 
     amount of $536,322,000, to be allocated as follows:
       (1) Intelligence.--For intelligence in carrying out other 
     defense activities necessary for national security programs, 
     $38,059,000, to be allocated as follows:
       (A) For operation and maintenance, $36,059,000.
       (B) For the following plant project (including maintenance, 
     restoration, planning, construction, acquisition, 
     modification of facilities, and the continuation of projects 
     authorized in prior years, and land acquisition related 
     thereto), $2,000,000, to be allocated as follows:
       Project 01-D-800, sensitive compartmented information 
     facility, Lawrence Livermore National Laboratory, Livermore, 
     California, $2,000,000.
       (2) Counterintelligence.--For counterintelligence in 
     carrying out other defense activities necessary for national 
     security programs, $75,200,000.
       (3) Security and emergency operations.--For security and 
     emergency operations in carrying out other defense activities 
     necessary for national security programs, $281,576,000, to be 
     allocated as follows:
       (A) For nuclear safeguards and security, $124,409,000.
       (B) For security investigations, $33,000,000.
       (C) For emergency management, $37,300,000.
       (D) For program direction, $86,867,000.
       (4) Independent oversight and performance assurance.--For 
     independent oversight and performance assurance in carrying 
     out other defense activities necessary for national security 
     programs, $14,937,000, to be allocated for program direction.
       (5) Environment, safety, and health, defense.--For 
     environment, safety, and health, defense, in carrying out 
     other defense activities necessary for national security 
     programs, $99,050,000, to be allocated as follows:
       (A) For the Office of Environment, Safety, and Health 
     (Defense), $76,446,000.
       (B) For program direction, $22,604,000.
       (6) Worker and community transition.--For worker and 
     community transition in carrying out other defense activities 
     necessary for national security programs, $24,500,000, to be 
     allocated as follows:
       (A) For operation and maintenance, $21,500,000.
       (B) For program direction, $3,000,000.
       (7) Office of hearings and appeals.--For the Office of 
     Hearings and Appeals in carrying out other defense activities 
     necessary for national security programs, $3,000,000.
       (b) Adjustments.--(1) The amount authorized to be 
     appropriated pursuant to subsection (a)(3)(B) is reduced by 
     $20,000,000 to reflect an offset provided by user 
     organizations for security investigations.
       (2) The total amount authorized to be appropriated by 
     subsection (a) is the sum of the amounts authorized to be 
     appropriated by paragraphs (1) through (7) of that 
     subsection, reduced by $50,000,000.

     SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

       (a) In General.--Funds are hereby authorized to be 
     appropriated to the Department of Energy for fiscal year 2001 
     for privatization initiatives in carrying out environmental 
     restoration and waste management activities necessary for 
     national security programs in the amount of $390,092,000, to 
     be allocated as follows:
       Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
     Falls, Idaho, $25,092,000.
       Project 97-PVT-1, tank waste remediation system project, 
     phase I, Richland, Washington, $300,000,000.
       Project 97-PVT-2, advanced mixed waste treatment project 
     Idaho Falls, Idaho, $65,000,000.
       (b) Explanation of Adjustment.--The amount authorized to be 
     appropriated pursuant to subsection (a) is the sum of the 
     amounts authorized to be appropriated for the projects in 
     that subsection reduced by $25,092,000 for use of prior year 
     balances of funds for defense environmental management 
     privatization.

     SEC. 3105. ENERGY EMPLOYEES COMPENSATION INITIATIVE.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2001 for an energy 
     employees compensation initiative in the amount of 
     $17,000,000.

     SEC. 3106. DEFENSE NUCLEAR WASTE DISPOSAL.

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

                Subtitle B--Recurring General Provisions

     SEC. 3121. REPROGRAMMING.

       (a) In General.--Until the Secretary of Energy submits to 
     the congressional defense committees the report referred to 
     in subsection (b) and a period of 30 days has elapsed after 
     the date on which such committees receive the report, the 
     Secretary may not use amounts appropriated pursuant to this 
     title for any program--

[[Page 14585]]

       (1) in amounts that exceed, in a fiscal year--
       (A) 110 percent of the amount authorized for that program 
     by this title; or
       (B) $ 1,000,000 more than the amount authorized for that 
     program by this title; or
       (2) which has not been presented to, or requested of, 
     Congress.
       (b) Report.--(1) The report referred to in subsection (a) 
     is a report containing a full and complete statement of the 
     action proposed to be taken and the facts and circumstances 
     relied upon in support of the proposed action.
       (2) In the computation of the 30-day period under 
     subsection (a), there shall be excluded any day on which 
     either House of Congress is not in session because of an 
     adjournment of more than 3 days to a day certain.
       (c) Limitations.--(1) In no event may the total amount of 
     funds obligated pursuant to this title exceed the total 
     amount authorized to be appropriated by this title.
       (2) Funds appropriated pursuant to this title may not be 
     used for an item for which Congress has specifically denied 
     funds.

     SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

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

     SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

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

     SEC. 3124. FUND TRANSFER AUTHORITY.

       (a) Transfer to Other Federal Agencies.--The Secretary of 
     Energy may transfer funds authorized to be appropriated to 
     the Department of Energy pursuant to this title to other 
     Federal agencies for the performance of work for which the 
     funds were authorized. Funds so transferred may be merged 
     with and be available for the same purposes and for the same 
     time period as the authorizations of the Federal agency to 
     which the amounts are transferred.
       (b) Transfer Within Department of Energy.--(1) Subject to 
     paragraph (2), the Secretary of Energy may transfer funds 
     authorized to be appropriated to the Department of Energy 
     pursuant to this title between any such authorizations. 
     Amounts of authorizations so transferred may be merged with 
     and be available for the same purposes and for the same 
     period as the authorization to which the amounts are 
     transferred.
       (2) Not more than 5 percent of any such authorization may 
     be transferred between authorizations under paragraph (1). No 
     such authorization may be increased or decreased by more than 
     5 percent by a transfer under such paragraph.
       (c) Limitations.--The authority provided by this subsection 
     to transfer authorizations--
       (1) may be used only to provide funds for items relating to 
     activities necessary for national security programs that have 
     a higher priority than the items from which the funds are 
     transferred; and
       (2) may not be used to provide funds for an item for which 
     Congress has specifically denied funds.
       (d) Notice to Congress.--The Secretary of Energy shall 
     promptly notify the Committees on Armed Services of the 
     Senate and House of Representatives of any transfer of funds 
     to or from authorizations under this title.

     SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

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

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

       (a) Authority.--The Secretary of Energy may use any funds 
     available to the Department of Energy pursuant to an 
     authorization in this title, including funds authorized to be 
     appropriated for advance planning and construction design 
     under sections 3101, 3102, and 3103, to perform planning, 
     design, and construction activities for any Department of 
     Energy national security program construction project that, 
     as determined by the Secretary, must proceed expeditiously in 
     order to protect public health and safety, to meet the needs 
     of national defense, or to protect property.
       (b) Limitation.--The Secretary may not exercise the 
     authority under subsection (a) in the case of any 
     construction project until the Secretary has submitted to the 
     congressional defense committees a report on the activities 
     that the Secretary intends to carry out under this section 
     and the circumstances making those activities necessary.
       (c) Specific Authority.--The requirement of section 
     3125(b)(2) does not apply to emergency planning, design, and 
     construction activities conducted under this section.

     SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS 
                   OF THE DEPARTMENT OF ENERGY.

       Subject to the provisions of appropriation Acts and section 
     3121, amounts appropriated pursuant to this title for 
     management and support activities and for general plant 
     projects are available for use, when necessary, in connection 
     with all national security programs of the Department of 
     Energy.

     SEC. 3128. AVAILABILITY OF FUNDS.

       (a) In General.--Except as provided in subsection (b), when 
     so specified in an appropriations Act, amounts appropriated 
     for operation and maintenance or for plant projects may 
     remain available until expended.
       (b) Exception for Program Direction Funds.--Amounts 
     appropriated for program direction pursuant to an 
     authorization of appropriations in subtitle A shall remain 
     available to be expended only until the end of fiscal year 
     2003.

     SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT 
                   FUNDS.

       (a) Transfer Authority for Defense Environmental Management 
     Funds.--The Secretary of Energy shall provide the manager of 
     each field office of the Department of Energy with the 
     authority to transfer defense environmental management funds 
     from a program or project under the jurisdiction of the 
     office to another such program or project.
       (b) Limitations.--(1) Only one transfer may be made to or 
     from any program or project under subsection (a) in a fiscal 
     year.
       (2) The amount transferred to or from a program or project 
     under subsection (a) may not exceed $5,000,000 in a fiscal 
     year.
       (3) A transfer may not be carried out by a manager of a 
     field office under subsection (a) unless the manager 
     determines that the transfer is necessary to address a risk 
     to health, safety, or the environment or to assure the most 
     efficient use of defense environmental management funds at 
     the field office.
       (4) Funds transferred pursuant to subsection (a) may not be 
     used for an item for which Congress has specifically denied 
     funds or for a new program or project that has not been 
     authorized by Congress.
       (c) Exemption From Reprogramming Requirements.--The 
     requirements of section 3121 shall not apply to transfers of 
     funds pursuant to subsection (a).
       (d) Notification.--The Secretary, acting through the 
     Assistant Secretary of Energy for Environmental Management, 
     shall notify Congress of any transfer of funds pursuant to 
     subsection (a) not later than 30 days after such transfer 
     occurs.
       (e) Definitions.--In this section:
       (1) The term ``program or project'' means, with respect to 
     a field office of the Department of Energy, any of the 
     following:
       (A) A program referred to or a project listed in paragraphs 
     (2) through (5) of section 3102(a).
       (B) A program or project not described in subparagraph (A) 
     that is for environmental restoration or waste management 
     activities necessary for national security programs of the 
     Department, that is being carried out by the office, and for 
     which defense environmental management funds have been 
     authorized and appropriated before the date of the enactment 
     of this Act.
       (2) The term ``defense environmental management funds'' 
     means funds appropriated to the

[[Page 14586]]

     Department of Energy pursuant to an authorization for 
     carrying out environmental restoration and waste management 
     activities necessary for national security programs.
       (f) Duration of Authority.--The managers of the field 
     offices of the Department may exercise the authority provided 
     under subsection (a) during the period beginning on October 
     1, 2000, and ending on September 30, 2001.

          Subtitle C--National Nuclear Security Administration

     SEC. 3131. TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER 
                   SECRETARY FOR NUCLEAR SECURITY OF THE 
                   DEPARTMENT OF ENERGY.

       (a) Length of Term.--The term of office as Under Secretary 
     for Nuclear Security of the Department of Energy of the 
     person first appointed to that position shall be three years.
       (b) Exclusive Reasons for Removal.--The exclusive reasons 
     for removal from office as Under Secretary for Nuclear 
     Security of the person described in subsection (a) shall be 
     inefficiency, neglect of duty, or malfeasance in office.
       (c) Position Described.--The position of Under Secretary 
     for Nuclear Security of the Department of Energy referred to 
     in this section is the position established by subsection (c) 
     of section 202 of the Department of Energy Organization Act 
     (42 U.S.C. 7132), as added by section 3202 of the National 
     Nuclear Security Administration Act (title XXXII of Public 
     Law 106-65; 113 Stat. 954)).

     SEC. 3132. MEMBERSHIP OF UNDER SECRETARY FOR NUCLEAR SECURITY 
                   ON THE JOINT NUCLEAR WEAPONS COUNCIL.

       (a) Membership.--Section 179 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by striking paragraph (3) and 
     inserting the following new paragraph (3):
       ``(3) The Under Secretary for Nuclear Security of the 
     Department of Energy.''; and
       (2) in subsection (b)(2), by striking ``the representative 
     designated under subsection (a)(3)'' and inserting ``the 
     Under Secretary for Nuclear Security of the Department of 
     Energy''.
       (b) Conforming Amendment.--Section 3212 of the National 
     Nuclear Security Administration Act (title XXXII of the 
     Public Law 106-65; 50 U.S.C. 2402) is amended by adding at 
     the end the following new subsection:
       ``(e) Membership on Joint Nuclear Weapons Council.--The 
     Administrator serves as a member of the Joint Nuclear Weapons 
     Council under section 179 of title 10, United States Code.''.

     SEC. 3133. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO 
                   MODIFY ORGANIZATION OF NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) Scope of Authority.--Subtitle A of the National Nuclear 
     Security Administration Act (title XXXII of Public Law 106-
     65; 113 Stat. 957; 50 U.S.C. 2401 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 3219. SCOPE OF AUTHORITY OF SECRETARY OF ENERGY TO 
                   MODIFY ORGANIZATION OF ADMINISTRATION.

       ``Notwithstanding the authority granted by section 643 of 
     the Department of Energy Organization Act (42 U.S.C. 7253) or 
     any other provision of law, the Secretary of Energy may not 
     establish, abolish, alter, consolidate, or discontinue any 
     organizational unit or component, or transfer any function, 
     of the Administration, except as authorized by subsection (b) 
     or (c) of section 3291.''.
       (b) Conforming Amendments.--Section 643 of the Department 
     of Energy Organization Act (42 U.S.C. 7253) is amended--
       (1) by striking ``The Secretary'' and inserting ``(a) 
     Subject to subsection (b), the Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b) The authority of the Secretary to establish, abolish, 
     alter, consolidate, or discontinue any organizational unit or 
     component of the National Nuclear Security Administration is 
     governed by the provisions of section 3219 of the National 
     Nuclear Security Administration Act (title XXXII of Public 
     Law 106-65).''.

     SEC. 3134. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN 
                   CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE 
                   NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       Subtitle C of the National Nuclear Security Administration 
     Act (title XXXII of Public Law 106-65; 50 U.S.C. 2441 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 3245. PROHIBITION ON PAY OF PERSONNEL ENGAGED IN 
                   CONCURRENT SERVICE OR DUTIES INSIDE AND OUTSIDE 
                   ADMINISTRATION.

       ``Except as otherwise expressly provided by statute, no 
     funds authorized to be appropriated or otherwise made 
     available for the Department of Energy for any fiscal year 
     after fiscal year 2000 may be obligated or utilized to pay 
     the basic pay of an officer or employee of the Department of 
     Energy who--
       ``(1) serves concurrently in a position in the 
     Administration and a position outside the Administration; or
       ``(2) performs concurrently the duties of a position in the 
     Administration and the duties of a position outside the 
     Administration.''.

     SEC. 3135. ORGANIZATION PLAN FOR FIELD OFFICES OF THE 
                   NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Plan Required.--Not later than March 1, 2001, the 
     Administrator of the National Nuclear Security Administration 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a plan for assigning 
     roles and responsibilities to and among the headquarters and 
     field organizational units of the National Nuclear Security 
     Administration.
       (b) Plan Elements.--The plan shall include the following:
       (1) A general description of the organizational structure 
     of the administrative functions of the National Nuclear 
     Security Administration under the plan, including the 
     authorities and responsibilities to be vested in the units of 
     the headquarters, operations offices, and area offices of the 
     Administration.
       (2) A description of any downsizing, elimination, or 
     consolidation of units of the headquarters, operations 
     offices, and area offices of the Administration that may be 
     necessary to enhance the efficiency of the Administration.
       (3) A description of the modifications of staffing levels 
     of the headquarters, operations offices, and area offices of 
     the Administration, including any reductions in force, 
     employment of additional personnel, or realignments of 
     personnel, that are necessary to implement the plan.
       (4) A schedule for the implementation of the plan.
       (c) Included Facilities.--The plan shall address any 
     administrative units in the National Nuclear Security 
     Administration, including units in and under the following:
       (1) The Department of Energy Headquarters, Washington, 
     District of Columbia, metropolitan area.
       (2) The Albuquerque Operations Office, Albuquerque, New 
     Mexico.
       (3) The Nevada Operations Office, Las Vegas, Nevada.
       (4) The Oak Ridge Operations Office, Oak Ridge, Tennessee.
       (5) The Oakland Operations Office, Oakland, California.
       (6) The Savannah River Operations Office, Aiken, South 
     Carolina.
       (7) The Los Alamos Area Office, Los Alamos, New Mexico.
       (8) The Kirtland Area Office, Albuquerque, New Mexico.
       (9) The Amarillo Area Office, Amarillo, Texas.
       (10) The Kansas City Area Office, Kansas City, Missouri.

     SEC. 3136. FUTURE-YEARS NUCLEAR SECURITY PROGRAM.

       (a) Program Required.--(1) The Under Secretary for Nuclear 
     Security of the Department of Energy shall submit to the 
     congressional defense committees a future-years nuclear 
     security program (including associated annexes) for fiscal 
     year 2001 and the five succeeding fiscal years.
       (2) The program shall reflect the estimated expenditures 
     and proposed appropriations included in the budget for fiscal 
     year 2001 that is submitted to Congress in 2000 under section 
     1105(a) of title 31, United States Code.
       (b) Program Detail.--The level of detail of the program 
     submitted under subsection (a) shall be equivalent to the 
     level of detail in the Project Baseline Summary system of the 
     Department of Energy, if practicable, but in no event below 
     the following:
       (1) In the case of directed stockpile work, detail as 
     follows:
       (A) Stockpile research and development.
       (B) Stockpile maintenance.
       (C) Stockpile evaluation.
       (D) Dismantlement and disposal.
       (E) Production support.
       (F) Field engineering, training, and manuals.
       (2) In the case of campaigns, detail as follows:
       (A) Primary certification.
       (B) Dynamic materials properties.
       (C) Advanced radiography.
       (D) Secondary certification and nuclear system margins.
       (E) Enhanced surety.
       (F) Weapons system engineering certification.
       (G) Certification in hostile environments.
       (H) Enhanced surveillance.
       (I) Advanced design and production technologies.
       (J) Inertial confinement fusion (ICF) ignition and high 
     yield.
       (K) Defense computing and modeling.
       (L) Pit manufacturing readiness.
       (M) Secondary readiness.
       (N) High explosive readiness.
       (O) Nonnuclear readiness.
       (P) Materials readiness.
       (Q) Tritium readiness.
       (3) In the case of readiness in technical base and 
     facilities, detail as follows:
       (A) Operation of facilities.
       (B) Program readiness.
       (C) Special projects.
       (D) Materials recycle and recovery.
       (E) Containers.
       (F) Storage.
       (4) In the case of secure transportation assets, detail as 
     follows:
       (A) Operation and maintenance.
       (B) Program direction relating to transportation.
       (5) Program direction.
       (6) Construction (listed by project number).
       (7) In the case of safeguards and security, detail as 
     follows:
       (A) Operation and maintenance.
       (B) Construction.
       (c) Deadline for Submittal.--The future-years nuclear 
     security program required by subsection (a) shall be 
     submitted not later than November 1, 2000.
       (d) Limitation on Use of Funds Pending Submittal.--Not more 
     than 65 percent of the funds authorized to be appropriated or 
     otherwise made available for the Department of Energy for 
     fiscal year 2001 by section 3101(a)(1)(C) may be obligated or 
     expended until 45 days after the date on which the Under 
     Secretary of Energy for Nuclear Security submits to the 
     congressional defense committees the program required by 
     subsection (a).

[[Page 14587]]



     SEC. 3137. COOPERATIVE RESEARCH AND DEVELOPMENT OF THE 
                   NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Objective for Obligation of Funds.--It shall be an 
     objective of the Administrator of the National Nuclear 
     Security Administration to obligate funds for cooperative 
     research and development agreements (as that term is defined 
     in section 12(d)(1) of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3710a(d)(1)), or similar 
     cooperative, cost-shared research partnerships with non-
     Federal organizations, in a fiscal year covered by subsection 
     (b) in an amount at least equal to the percentage of the 
     total amount appropriated for the Administration for such 
     fiscal year that is specified for such fiscal year under 
     subsection (b).
       (b) Fiscal Year Percentages.--The percentages of funds 
     appropriated for the National Nuclear Security Administration 
     that are obligated in accordance with the objective under 
     subsection (a) are as follows:
       (1) In each of fiscal years 2001 and 2002, 0.5 percent.
       (2) In any fiscal year after fiscal year 2002, the 
     percentage recommended by the Administrator for each such 
     fiscal year in the report under subsection (c).
       (c) Recommendations for Percentages in Later Fiscal 
     Years.--Not later than one year after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     congressional defense committees a report setting forth the 
     Administrator's recommendations for appropriate percentages 
     of funds appropriated for the National Nuclear Security 
     Administration to be obligated for agreements described in 
     subsection (a) during each fiscal year covered by the report.
       (d) Consistency of Agreements.--Any agreement entered into 
     under this section shall be consistent with and in support of 
     the mission of the National Nuclear Security Administration.
       (e) Reports on Achievement of Objective.--(1) Not later 
     than March 30, 2002, and each year thereafter, the 
     Administrator shall submit to the congressional defense 
     committees a report on whether funds of the National Nuclear 
     Security Administration were obligated in the fiscal year 
     ending in the preceding year in accordance with the objective 
     for such fiscal year under this section.
       (2) If funds were not obligated in a fiscal year in 
     accordance with the objective under this section for such 
     fiscal year, the report under paragraph (1) shall--
       (A) describe the actions the Administrator proposes to take 
     to ensure that the objective under this section for the 
     current fiscal year and future fiscal years will be met; and
       (B) include any recommendations for legislation required to 
     achieve such actions.

     SEC. 3138. CONSTRUCTION OF NATIONAL NUCLEAR SECURITY 
                   ADMINISTRATION OPERATIONS OFFICE COMPLEX.

       (a) Authority for Design and Construction.--Subject to 
     subsection (b), the Administrator of the National Nuclear 
     Security Administration may provide for the design and 
     construction of a new operations office complex for the 
     National Nuclear Security Administration in accordance with 
     the feasibility study regarding such operations office 
     complex conducted under the National Defense Authorization 
     Act for Fiscal Year 2000.
       (b) Limitation.--The Administrator may not exercise the 
     authority in subsection (a) until the later of--
       (1) 30 days after the date on which the plan required by 
     section 3135(a) is submitted to the Committees on Armed 
     Services of the Senate and House of Representatives under 
     that section; or
       (2) the date on which the Administrator certifies to 
     Congress that the design and construction of the complex in 
     accordance with the feasibility study is consistent with the 
     plan required by section 3135(a).
       (c) Basis of Authority.--The design and construction of the 
     operations office complex authorized by subsection (a) shall 
     be carried out through one or more energy savings performance 
     contracts (ESPC) 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.).
       (d) Payment of Costs.--Amounts for payments of costs 
     associated with the construction of the operations 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 operations office complex (as identified 
     in the feasibility study referred to in subsection (a)) with 
     the operations office complex authorized by subsection (a).

   Subtitle D--Program Authorizations, Restrictions, and Limitations

     SEC. 3151. PROCESSING, TREATMENT, AND DISPOSITION OF LEGACY 
                   NUCLEAR MATERIALS.

       (a) Continuation.--The Secretary of Energy shall continue 
     operations and maintain a high state of readiness at the F-
     canyon and H-canyon facilities at the Savannah River Site, 
     Aiken, South Carolina, and shall provide technical staff 
     necessary to operate and so maintain such facilities.
       (b) Limitation on Use of Funds for Decommissioning of F-
     Canyon Facility.--No amounts authorized to be appropriated or 
     otherwise made available for the Department of Energy by this 
     Act or any other Act may be obligated or expended for 
     purposes of commencing the decommissioning of the F-canyon 
     facility at the Savannah River Site, including any studies 
     and planning relating to such decommissioning, until the 
     Secretary and the Defense Nuclear Facilities Safety Board 
     jointly submit to the congressional defense committees a 
     certification as follows:
       (1) That all materials present in the facility as of the 
     date of the certification are safely stabilized.
       (2) That requirements applicable to the facility in order 
     to meet the future needs of the United States for fissile 
     materials disposition can be met fully utilizing the H-canyon 
     facility at the Savannah River Site.
       (c) Plan for Transfer of Long-Term Chemical Separation 
     Activities.--Not later than February 15, 2001, the Secretary 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a plan for the transfer 
     of all long-term chemical separation activities from the F-
     canyon facility to the H-canyon facility at the Savannah 
     River Site commencing in fiscal year 2002.

     SEC. 3152. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.

       (a) Contingent Limitation on Availability of Funds for 
     Certain Travel Expenses.--Subject to the provisions of this 
     section, no funds authorized to be appropriated or otherwise 
     made available for the Department of Energy by this or any 
     other Act may be obligated or expended for travel by the 
     Secretary of Energy or any employees of the Office of the 
     Secretary of Energy.
       (b) Applicability.--The prohibition in subsection (a) shall 
     take effect on March 1, 2001, unless the Secretary of Energy 
     makes a certification to the congressional defense committees 
     before that date that the Department of Energy is in 
     compliance with the requirements of section 3131 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 113 Stat. 925; 10 U.S.C. 2701 note).
       (c) Termination.--If the prohibition in subsection (a) 
     takes effect under subsection (b), the prohibition shall 
     remain in effect until the date on which the Secretary makes 
     the certification described in subsection (b).

     SEC. 3153. DEPARTMENT OF ENERGY DEFENSE NUCLEAR 
                   NONPROLIFERATION PROGRAMS.

       (a) Nuclear Materials Protection, Control, and Accounting 
     Program.--(1) Not later than January 1, 2001, and each year 
     thereafter, the Secretary of Energy shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the status of efforts during the 
     preceding fiscal year under the Nuclear Materials Protection, 
     Control, and Accounting Program of the Department of Energy 
     to secure weapons-usable nuclear materials in Russia that 
     have been identified as being at risk for theft or diversion.
       (2) Each report under paragraph (1) shall set forth the 
     following:
       (A) The number of buildings, including building locations, 
     that received complete and integrated materials protection, 
     control, and accounting systems for nuclear materials 
     described in paragraph (1) during the year covered by such 
     report.
       (B) The amounts of highly enriched uranium and plutonium in 
     Russia that have been secured under systems described in 
     subparagraph (A) as of the date of such report.
       (C) The amount of nuclear materials described in paragraph 
     (1) that continues to require securing under systems 
     described in subparagraph (A) as of the date of such report.
       (D) A plan for actions to secure the nuclear materials 
     identified in subparagraph (C) under systems described in 
     subparagraph (A), including an estimate of the cost of such 
     actions.
       (E) The amounts expended through the fiscal year preceding 
     the date of such report to secure nuclear materials described 
     in paragraph (1) under systems described in subparagraph (A), 
     set forth by total amount and by amount per fiscal year.
       (3)(A) No amounts authorized to be appropriated for the 
     Department of Energy by this Act or any other Act for 
     purposes of the Nuclear Materials Protection, Control, and 
     Accounting Program may be obligated or expended after 
     September 30, 2000, for any project under the program at a 
     nuclear weapons complex in Russia until the Secretary submits 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report on the access policy established 
     with respect to such project, including a certification that 
     the access policy has been implemented.
       (B) The access policy with respect to a project under this 
     paragraph shall--
       (i) permit appropriate determinations by United States 
     officials regarding security requirements, including security 
     upgrades, for the project; and
       (ii) ensure verification by United States officials that 
     Department of Energy assistance at the project is being used 
     for the purposes intended.
       (b) Nuclear Cities Initiative.--(1)(A) Except as provided 
     in subparagraph (B), no amounts authorized to be appropriated 
     or otherwise made available for the Department of Energy for 
     fiscal year 2001 for the Nuclear Cities Initiative may be 
     obligated or expended for purposes of providing assistance 
     under the Initiative until 30 days after the date on which 
     the Secretary of Energy submits to the Committees on Armed 
     Services of the Senate and House of Representatives a copy of 
     an agreement described in subparagraph (C).
       (B) Subparagraph (A) shall not apply with respect to the 
     obligation or expenditure of funds for purposes of providing 
     assistance under the Nuclear Cities Initiative to the 
     following:
       (i) Not more than three nuclear cities in Russia.

[[Page 14588]]

       (ii) Not more than two serial production facilities in 
     Russia.
       (C) An agreement referred to in this subparagraph is a 
     written agreement between the United States Government and 
     the Government of the Russian Federation which provides that 
     Russia will close some of its facilities engaged in nuclear 
     weapons assembly and disassembly work.
       (2)(A) Of the amounts appropriated or otherwise made 
     available for the Department of Energy for fiscal year 2001 
     for the Nuclear Cities Initiative, not more than 50 percent 
     of such amounts may be obligated or expended for purposes of 
     the Initiative until the Secretary of Energy establishes and 
     implements project review procedures for projects under the 
     Initiative.
       (B) The project review procedures established under 
     subparagraph (A) shall ensure that any scientific, technical, 
     or commercial project initiated under the Nuclear Cities 
     Initiative--
       (i) shall not enhance the military or weapons of mass 
     destruction capabilities of Russia;
       (ii) shall not result in the inadvertent transfer or 
     utilization of products or activities under such project for 
     military purposes;
       (iii) shall be commercially viable; and
       (iv) shall be carried out in conjunction with an 
     appropriate commercial, industrial, or other nonprofit entity 
     as partner.
       (C) Not later than January 1, 2001, the Secretary of Energy 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the project 
     review procedures established and implemented under this 
     paragraph.
       (3) In this subsection, the term ``Nuclear Cities 
     Initiative'' means the initiative arising pursuant to the 
     March 1998 discussion between the Vice President of the 
     United States and the Prime Minister of the Russian 
     Federation and between the Secretary of Energy of the United 
     States and the Minister of Atomic Energy of the Russian 
     Federation.
       (c) International Nuclear Security Program.--Amounts 
     authorized to be appropriated or otherwise made available by 
     this title for the Department of Energy for fiscal year 2001 
     for the International Nuclear Security Program in the former 
     Soviet Union and Eastern Europe shall be available only for 
     purposes of reactor safety upgrades and training relating to 
     nuclear operator and reactor safety.

     SEC. 3154. MODIFICATION OF COUNTERINTELLIGENCE POLYGRAPH 
                   PROGRAM.

       (a) Covered Persons.--Subsection (b) of section 3154 of the 
     Department of Energy Facilities Safeguards, Security, and 
     Counterintelligence Enhancement Act of 1999 (subtitle D of 
     title XXXI of Public Law 106-65; 113 Stat. 941; 42 U.S.C. 
     7383h) is amended to read as follows:
       ``(b) Covered Persons.--(1) Subject to paragraph (2), for 
     purposes of this section, a covered person is one of the 
     following:
       ``(A) An officer or employee of the Department.
       ``(B) An expert or consultant under contract to the 
     Department.
       ``(C) An officer or employee of a contractor of the 
     Department.
       ``(D) An individual assigned or detailed to the Department.
       ``(E) An applicant for a position in the Department.
       ``(2) A person described in paragraph (1) is a covered 
     person for purposes of this section only if the position of 
     the person, or for which the person is applying, under that 
     paragraph is a position in one of the categories of positions 
     listed in section 709.4 of title 10, Code of Federal 
     Regulations.''.
       (b) High-Risk Programs.--Subsection (c) of that section is 
     amended to read as follows:
       ``(c) High-Risk Programs.--For purposes of this section, 
     high-risk programs are the following:
       ``(1) The programs known as Special Access Programs and 
     Personnel Security and Assurance Programs.
       ``(2) Any other program or position category specified in 
     section 709.4 of title 10, Code of Federal Regulations.''.
       (c) Authority To Waive Examination Requirement.--Subsection 
     (d) of that section is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraphs:
       ``(2) Subject to paragraph (3), the Secretary may, after 
     consultation with appropriate security personnel, waive the 
     applicability of paragraph (1) to a covered person--
       ``(A) if--
       ``(i) the Secretary determines that the waiver is important 
     to the national security interests of the United States;
       ``(ii) the covered person has an active security clearance; 
     and
       ``(iii) the covered person acknowledges in a signed writing 
     that the capacity of the covered person to perform duties 
     under a high-risk program after the expiration of the waiver 
     is conditional upon meeting the requirements of paragraph (1) 
     within the effective period of the waiver;
       ``(B) if another Federal agency certifies to the Secretary 
     that the covered person has completed successfully a full-
     scope or counterintelligence-scope polygraph examination 
     during the 5-year period ending on the date of the 
     certification; or
       ``(C) if the Secretary determines, after consultation with 
     the covered person and appropriate medical personnel, that 
     the treatment of a medical or psychological condition of the 
     covered person should preclude the administration of the 
     examination.
       ``(3)(A) The Secretary may not commence the exercise of the 
     authority under paragraph (2) to waive the applicability of 
     paragraph (1) to any covered persons until 15 days after the 
     date on which the Secretary submits to the appropriate 
     committees of Congress a report setting forth the criteria to 
     be utilized by the Secretary for determining when a waiver 
     under paragraph (2)(A) is important to the national security 
     interests of the United States. The criteria shall include an 
     assessment of counterintelligence risks and programmatic 
     impacts.
       ``(B) Any waiver under paragraph (2)(A) shall be effective 
     for not more than 120 days.
       ``(C) Any waiver under paragraph (2)(C) shall be effective 
     for the duration of the treatment on which such waiver is 
     based.
       ``(4) The Secretary shall submit to the appropriate 
     committees of Congress on a semi-annual basis a report on any 
     determinations made under paragraph (2)(A) during the 6-month 
     period ending on the date of such report. The report shall 
     include a national security justification for each waiver 
     resulting from such determinations.
       ``(5) In this subsection, the term `appropriate committees 
     of Congress' means the following:
       ``(A) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       ``(B) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(6) It is the sense of Congress that the waiver authority 
     in paragraph (2) not be used by the Secretary to exempt from 
     the applicability of paragraph (1) any covered persons in the 
     highest risk categories, such as persons who have access to 
     the most sensitive weapons design information and other 
     highly sensitive programs, including special access programs.
       ``(7) The authority under paragraph (2) to waive the 
     applicability of paragraph (1) to a covered person shall 
     expire on September 30, 2002.''.
       (d) Scope of Counterintelligence Polygraph Examination.--
     Subsection (f) of that section is amended--
       (1) by inserting ``terrorism,'' after ``sabotage,''; and
       (2) by inserting ``deliberate damage to or malicious misuse 
     of a United States Government information or defense 
     system,'' before ``and''.

     SEC. 3155. EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE 
                   PROJECT FACILITIES.

       (a) Authority To Provide Incentives.--Notwithstanding any 
     other provision of law, the Secretary of Energy may provide 
     to any eligible employee of the Department of Energy one or 
     more of the incentives described in subsection (d).
       (b) Eligible Employees.--An individual is an eligible 
     employee of the Department of Energy for purposes of this 
     section if the individual--
       (1) has worked continuously at a closure facility for at 
     least two years;
       (2) is an employee (as that term is defined in section 
     2105(a) of title 5, United States Code);
       (3) has a fully satisfactory or equivalent performance 
     rating during the most recent performance period and is not 
     subject to an adverse notice regarding conduct; and
       (4) meets any other requirement or condition under 
     subsection (d) for the incentive which is provided the 
     employee under this section.
       (c) Closure Facility Defined.--For purposes of this 
     section, the term ``closure facility'' means a Department of 
     Energy facility at which the Secretary is carrying out a 
     closure project selected under section 3143 of the National 
     Defense Authorization Act for Fiscal Year 1997 (42 U.S.C. 
     7274n).
       (d) Incentives.--The incentives that the Secretary may 
     provide under this section are the following:
       (1) The right to accumulate annual leave provided by 
     section 6303 of title 5, United States Code, for use in 
     succeeding years until it totals not more than 90 days, or 
     not more than 720 hours based on a standard work week, at the 
     beginning of the first full biweekly pay period, or 
     corresponding period for an employee who is not paid on the 
     basis of biweekly pay periods, occurring in a year, except 
     that--
       (A) any annual leave that remains unused when an employee 
     transfers to a position in a department or agency of the 
     Federal Government shall be liquidated upon the transfer by 
     payment to the employee of a lump sum for leave in excess of 
     30 days, or in excess of 240 hours based on a standard work 
     week; and
       (B) upon separation from service, annual leave accumulated 
     under this paragraph shall be treated as any other 
     accumulated annual leave is treated.
       (2) The right to be paid a retention allowance in a lump 
     sum in compliance with paragraphs (1) and (2) of section 
     5754(b) of title 5, United States Code, if the employee meets 
     the requirements of section 5754(a) of that title, except 
     that the retention allowance may exceed 25 percent, but may 
     not be more than 40 percent, of the employee's rate of basic 
     pay.
       (3) A detail under section 3341 of title 5, United States 
     Code.
       (4) The right to receive a voluntary separation incentive 
     payment in the amount equal to the amount the employee would 
     be entitled to receive under section 5595(c) of title 5, 
     United States Code, subject to the terms, conditions, and 
     procedures set forth in section 663 of the Treasury, Postal 
     Service, and General Government Appropriations Act, 1997 (5 
     U.S.C. 5597 note), except that the date in section 
     663(c)(2)(D) of that Act does not apply.
       (e) Agreement.--(1) An eligible employee of the Department 
     of Energy provided an incentive

[[Page 14589]]

     under this section shall enter into an agreement with the 
     Secretary to remain employed at the closure facility at which 
     the employee is employed as of the date of the agreement 
     until a specific date or for a specific period of time.
       (2) The detail of an employee under subsection (d)(3) shall 
     not be treated as terminating the employment of the employee 
     at a closure facility for purposes of an agreement under 
     paragraph (1).
       (f) Violation of Agreement.--(1) Except as provided under 
     paragraph (3), an eligible employee of the Department of 
     Energy who violates an agreement under subsection (e), or is 
     dismissed for cause, shall forfeit eligibility for any 
     incentives under this section as of the date of the violation 
     or dismissal, as the case may be.
       (2) Except as provided under paragraph (3), an eligible 
     employee of the Department of Energy who is paid a retention 
     allowance under subsection (d)(2), receives a voluntary 
     separation incentive payment under subsection (d)(4), or 
     both, and who violates an agreement under subsection (e), or 
     is dismissed for cause, before the end of the period or date 
     of employment agreed upon under such agreement shall refund 
     to the United States an amount that bears the same ratio to 
     the aggregate amount so paid to or received by the employee 
     as the unserved part of such employment bears to the total 
     period of employment agreed upon under such agreement.
       (3) The Secretary may waive the applicability of paragraph 
     (1) or (2) to an employee otherwise covered by such paragraph 
     if the Secretary determines that there is good and sufficient 
     reason for the waiver.
       (g) Report.--The Secretary shall include in each report on 
     a closure project under section 3143(h) of the National 
     Defense Authorization Act for Fiscal Year 1997 a report on 
     the incentives, if any, provided under this section with 
     respect to the project for the period covered by such report.
       (h) Expiration of Authority.--The authority to provide 
     incentives under this section shall expire on September 23, 
     2011.
       (i) Details.--(1) Section 3341 of title 5, United States 
     Code, is amended to read as follows:

     ``Sec. 3341. Details: within and among Executive agencies; to 
       non-Federal employers

       ``(a) The head of an Executive agency may detail employees 
     among the components of the agency, except employees who are 
     required by law to be engaged exclusively in some specific 
     work.
       ``(b) The head of an Executive agency may detail to duties 
     in the Executive agency or another Executive agency or to a 
     non-Federal employer, on a nonreimbursable basis, an employee 
     who has been identified by the Executive agency as being, or 
     likely to become, a surplus employee or displaced employee.
       ``(c) For purposes of this section:
       ``(1) The term `Executive agency' has the meaning given 
     that term by section 105, but does not include a Government 
     corporation or the General Accounting Office.
       ``(2) The term `displaced employee' means an employee who 
     has been given specific notice that the employee is to be 
     separated due to a reduction in force.
       ``(3) The term `surplus employee' means an employee who has 
     been identified by the employing agency as likely to be 
     separated due to a reduction in force.
       ``(4) The term `non-Federal employer' means an employer 
     other than an Executive agency or any agency in the 
     legislative or judicial branch (including Congress or any 
     United States court).''.
       (2) The table of sections at the beginning of chapter 33 of 
     such title is amended by striking the item relating to 
     section 3341 and inserting the following new item:

``3341. Details: within and among Executive agencies; to non-Federal 
              employers.''.

       (i) Health Coverage.--Section 8905a(d)(4) of title 5, 
     United States Code, is amended by adding after subparagraph 
     (B) the following new subparagraph (C):
       ``(C) Notwithstanding subparagraph (B), if the basis for 
     continued coverage under this section is a voluntary or 
     involuntary separation from the Department of Energy by 
     reason of a closure project under section 3143 of the 
     National Defense Authorization Act for Fiscal Year 1997 (42 
     U.S.C. 7274n)--
       ``(i) the individual shall be liable for not more than the 
     employee contributions referred to in paragraph (1)(A)(i); 
     and
       ``(ii) the Department of Energy shall pay the remaining 
     portion of the amount required is under paragraph (1)(A).''.

     SEC. 3156. CONCEPTUAL DESIGN FOR SUBSURFACE GEOSCIENCES 
                   LABORATORY AT IDAHO NATIONAL ENGINEERING AND 
                   ENVIRONMENTAL LABORATORY, IDAHO FALLS, IDAHO.

       (a) Authorization.--Of the amounts authorized to be 
     appropriated by paragraphs (2) and (3) of section 3102(a), 
     not more than $400,000 shall be available to the Secretary of 
     Energy for purposes of carrying out a conceptual design for a 
     Subsurface Geosciences Laboratory at Idaho National 
     Engineering and Environmental Laboratory, Idaho Falls, Idaho.
       (b) Limitation.--None of the funds authorized to be 
     appropriated by subsection (a) may be obligated until 60 days 
     after the Secretary submits the report required by subsection 
     (c).
       (c) Report.--The Secretary of Energy shall submit to the 
     congressional defense committees a report on the proposed 
     Subsurface Geosciences Laboratory, including the following:
       (1) The need to conduct mesoscale experiments to meet long-
     term clean-up requirements at Department of Energy sites.
       (2) The possibility of utilizing or modifying an existing 
     structure or facility to house a new mesoscale experimental 
     capability.
       (3) The estimated construction cost of the facility.
       (4) The estimated annual operating cost of the facility.
       (5) How the facility will utilize, integrate, and support 
     the technical expertise, capabilities, and requirements at 
     other Department of Energy and non-Department of Energy 
     facilities.
       (6) An analysis of costs, savings, and benefits which are 
     unique to the Idaho National Engineering and Environmental 
     Laboratory.

     SEC. 3157. TANK WASTE REMEDIATION SYSTEM, HANFORD 
                   RESERVATION, RICHLAND, WASHINGTON.

       (a) Funds Available.--Of the amount authorized to be 
     appropriated by section 3102, $150,000,000 shall be available 
     to carry out an accelerated cleanup and waste management 
     program at the Department of Energy Hanford Site in Richland, 
     Washington.
       (b) Report.--Not later than December 15, 2000, the 
     Secretary of Energy shall submit to Congress a report on the 
     Tank Waste Remediation System Project at the Hanford Site. 
     The report shall include the following:
       (1) A proposed plan for processing and stabilizing all 
     nuclear waste located in the Hanford Tank Farm.
       (2) A proposed schedule for carrying out the plan.
       (3) The total estimated cost of carrying out the plan.
       (4) A description of any alternative options to the 
     proposed plan and a description of the costs and benefits of 
     each such option.

     SEC. 3158. REPORT ON NATIONAL IGNITION FACILITY, LAWRENCE 
                   LIVERMORE NATIONAL LABORATORY, LIVERMORE, 
                   CALIFORNIA.

       (a) New Baseline.--(1) Not more than 50 percent of the 
     funds available for the national ignition facility (Project 
     96-D-111) may be obligated or expended until the Secretary of 
     Energy submits to the Committees on Armed Services of the 
     Senate and House of Representatives a report setting forth a 
     new baseline plan for the completion of the national ignition 
     facility.
       (2) The report shall include a detailed, year-by-year 
     breakdown of the funding required for completion of the 
     facility, as well as projected dates for the completion of 
     program milestones, including the date on which the first 
     laser beams are expected to become operational.
       (b) Comptroller General Review of NIF Program.--(1) The 
     Comptroller General shall conduct a thorough review of the 
     national ignition facility program.
       (2) Not later than March 31, 2001, the Comptroller General 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives a report on the review 
     conducted under paragraph (1). The report shall include--
       (A) an analysis of--
       (i) the relationship of the national ignition facility 
     program to other key components of the Stockpile Stewardship 
     Program; and
       (ii) the potential impact of delays in the national 
     ignition facility program, and of a failure to complete key 
     program objectives of the program, on the other key 
     components of the Stockpile Stewardship Program, such as the 
     Advanced Strategic Computing Initiative Program;
       (B) a detailed description and analysis of the funds spent 
     as of the date of the report on the national ignition 
     facility program; and
       (C) an assessment whether Lawrence Livermore National 
     Laboratory has established a new baseline plan for the 
     national ignition facility program with clear goals and 
     achievable milestones for that program.

     Subtitle E--National Laboratories Partnership Improvement Act

     SEC. 3161. SHORT TITLE.

       This subtitle may be cited as the ``National Laboratories 
     Partnership Improvement Act of 2000''.

     SEC. 3162. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``Department'' means the Department of Energy;
       (2) the term ``departmental mission'' means any of the 
     functions vested in the Secretary of Energy by the Department 
     of Energy Organization Act (42 U.S.C. 7101 et seq.) or other 
     law;
       (3) the term ``institution of higher education'' has the 
     meaning given such term in section 1201(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1141(a));
       (4) the term ``National Laboratory'' means any of the 
     following institutions owned by the Department of Energy--
       (A) Argonne National Laboratory;
       (B) Brookhaven National Laboratory;
       (C) Idaho National Engineering and Environmental 
     Laboratory;
       (D) Lawrence Berkeley National Laboratory;
       (E) Lawrence Livermore National Laboratory;
       (F) Los Alamos National Laboratory;
       (G) National Renewable Energy Laboratory;
       (H) Oak Ridge National Laboratory;
       (I) Pacific Northwest National Laboratory; or
       (J) Sandia National Laboratory;
       (5) the term ``facility'' means any of the following 
     institutions owned by the Department of Energy--
       (A) Ames Laboratory;
       (B) East Tennessee Technology Park;
       (C) Environmental Measurement Laboratory;

[[Page 14590]]

       (D) Fermi National Accelerator Laboratory;
       (E) Kansas City Plant;
       (F) National Energy Technology Laboratory;
       (G) Nevada Test Site;
       (H) Princeton Plasma Physics Laboratory;
       (I) Savannah River Technology Center;
       (J) Stanford Linear Accelerator Center;
       (K) Thomas Jefferson National Accelerator Facility;
       (L) Waste Isolation Pilot Plant;
       (M) Y-12 facility at Oak Ridge National Laboratory; or
       (N) other similar organization of the Department designated 
     by the Secretary that engages in technology transfer, 
     partnering, or licensing activities;
       (6) the term ``nonprofit institution'' has the meaning 
     given such term in section 4 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3703(5));
       (7) the term ``Secretary'' means the Secretary of Energy;
       (8) the term ``small business concern'' has the meaning 
     given such term in section 3 of the Small Business Act (15 
     U.S.C. 632);
       (9) the term ``technology-related business concern'' means 
     a for-profit corporation, company, association, firm, 
     partnership, or small business concern that--
       (A) conducts scientific or engineering research,
       (B) develops new technologies,
       (C) manufactures products based on new technologies, or
       (D) performs technological services;
       (10) the term ``technology cluster'' means a concentration 
     of--
       (A) technology-related business concerns;
       (B) institutions of higher education; or
       (C) other nonprofit institutions;
     that reinforce each other's performance through formal or 
     informal relationships;
       (11) the term ``socially and economically disadvantaged 
     small business concerns'' has the meaning given such term in 
     section 8(a)(4) of the Small Business Act (15 U.S.C. 
     637(a)(4)); and
       (12) the term ``NNSA'' means the National Nuclear Security 
     Administration established by title XXXII of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65).

     SEC. 3163. TECHNOLOGY INFRASTRUCTURE PILOT PROGRAM.

       (a) Establishment.--The Secretary, through the appropriate 
     officials of the Department, shall establish a Technology 
     Infrastructure Pilot Program in accordance with this section.
       (b) Purpose.--The purpose of the program shall be to 
     improve the ability of National Laboratories or facilities to 
     support departmental missions by--
       (1) stimulating the development of technology clusters that 
     can support the missions of the National Laboratories or 
     facilities;
       (2) improving the ability of National Laboratories or 
     facilities to leverage and benefit from commercial research, 
     technology, products, processes, and services; and
       (3) encouraging the exchange of scientific and 
     technological expertise between National Laboratories or 
     facilities and--
       (A) institutions of higher education,
       (B) technology-related business concerns,
       (C) nonprofit institutions, and
       (D) agencies of State, tribal, or local governments;

     that can support the missions of the National Laboratories 
     and facilities.
       (c) Pilot Program.--In each of the first three fiscal years 
     after the date of enactment of this section, the Secretary 
     may provide no more than $10,000,000, divided equally, among 
     no more than 10 National Laboratories or facilities selected 
     by the Secretary to conduct Technology Infrastructure Program 
     Pilot Programs.
       (d) Projects.--The Secretary shall authorize the Director 
     of each National Laboratory or facility designated under 
     subsection (c) to implement the Technology Infrastructure 
     Pilot Program at such National Laboratory or facility through 
     projects that meet the requirements of subsections (e) and 
     (f).
       (e) Program Requirements.--Each project funded under this 
     section shall meet the following requirements:
       (1) Minimum participants.--Each project shall at a minimum 
     include--
       (A) a National Laboratory or facility; and
       (B) one of the following entities--
       (i) a business,
       (ii) an institution of higher education,
       (iii) a nonprofit institution, or
       (iv) an agency of a State, local, or tribal government.
       (2) Cost sharing.--
       (A) Minimum amount.--Not less than 50 percent of the costs 
     of each project funded under this section shall be provided 
     from non-Federal sources.
       (B) Qualified funding and resources.--(i) The calculation 
     of costs paid by the non-Federal sources to a project shall 
     include cash, personnel, services, equipment, and other 
     resources expended on the project.
       (ii) Independent research and development expenses of 
     Government contractors that qualify for reimbursement under 
     section 31-205-18(e) of the Federal Acquisition Regulations 
     issued pursuant to section 25(c)(1) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 421(c)(1)) may be credited 
     towards costs paid by non-Federal sources to a project, if 
     the expenses meet the other requirements of this section.
       (iii) No funds or other resources expended either before 
     the start of a project under this section or outside the 
     project's scope of work shall be credited toward the costs 
     paid by the non-Federal sources to the project.
       (3) Competitive selection.--All projects where a party 
     other than the Department or a National Laboratory or 
     facility receives funding under this section shall, to the 
     extent practicable, be competitively selected by the National 
     Laboratory or facility using procedures determined to be 
     appropriate by the Secretary or his designee.
       (4) Accounting standards.--Any participant receiving 
     funding under this section, other than a National Laboratory 
     or facility, may use generally accepted accounting principles 
     for maintaining accounts, books, and records relating to the 
     project.
       (5) Limitations.--No Federal funds shall be made available 
     under this section for--
       (A) construction; or
       (B) any project for more than five years.
       (f) Selection Criteria.--
       (1) Threshold funding criteria.--The Secretary shall 
     authorize the provision of Federal funds for projects under 
     this section only when the Director of the National 
     Laboratory or facility managing such a project determines 
     that the project is likely to improve the participating 
     National Laboratory or facility's ability to achieve 
     technical success in meeting departmental missions.
       (2) Additional criteria.--The Secretary shall also require 
     the Director of the National Laboratory or facility managing 
     a project under this section to consider the following 
     criteria in selecting a project to receive Federal funds--
       (A) the potential of the project to succeed, based on its 
     technical merit, team members, management approach, 
     resources, and project plan;
       (B) the potential of the project to promote the development 
     of a commercially sustainable technology cluster, one that 
     will derive most of the demand for its products or services 
     from the private sector, that can support the missions of the 
     participating National Laboratory or facility;
       (C) the potential of the project to promote the use of 
     commercial research, technology, products, processes, and 
     services by the participating National Laboratory or facility 
     to achieve its departmental mission or the commercial 
     development of technological innovations made at the 
     participating National Laboratory or facility;
       (D) the commitment shown by non-Federal organizations to 
     the project, based primarily on the nature and amount of the 
     financial and other resources they will risk on the project;
       (E) the extent to which the project involves a wide variety 
     and number of institutions of higher education, nonprofit 
     institutions, and technology-related business concerns that 
     can support the missions of the participating National 
     Laboratory or facility and that will make substantive 
     contributions to achieving the goals of the project;
       (F) the extent of participation in the project by agencies 
     of State, tribal, or local governments that will make 
     substantive contributions to achieving the goals of the 
     project; and
       (G) the extent to which the project focuses on promoting 
     the development of technology-related business concerns that 
     are small business concerns or involves such small business 
     concerns substantively in the project.
       (3) Savings clause.--Nothing in this subsection shall limit 
     the Secretary from requiring the consideration of other 
     criteria, as appropriate, in determining whether projects 
     should be funded under this section.
       (g) Report to Congress on Full Implementation.--Not later 
     than 120 days after the start of the third fiscal year after 
     the date of enactment of this section, the Secretary shall 
     report to Congress on whether the Technology Infrastructure 
     Program should be continued beyond the pilot stage, and, if 
     so, how the fully implemented program should be managed. This 
     report shall take into consideration the results of the pilot 
     program to date and the views of the relevant Directors of 
     the National laboratories and facilities. The report shall 
     include any proposals for legislation considered necessary by 
     the Secretary to fully implement the program.

     SEC. 3164. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

       (a) Advocacy Function.--The Secretary shall direct the 
     Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to establish a small business advocacy function 
     that is organizationally independent of the procurement 
     function at the National Laboratory or facility. The person 
     or office vested with the small business advocacy function 
     shall--
       (1) work to increase the participation of small business 
     concerns, including socially and economically disadvantaged 
     small business concerns, in procurements, collaborative 
     research, technology licensing, and technology transfer 
     activities conducted by the National Laboratory or facility;
       (2) report to the Director of the National Laboratory or 
     facility on the actual participation of small business 
     concerns in procurements and collaborative research along 
     with recommendations, if appropriate, on how to improve 
     participation;
       (3) make available to small business concerns training, 
     mentoring, and clear, up-to-date information on how to 
     participate in the procurements and collaborative research, 
     including how to submit effective proposals;
       (4) increase the awareness inside the National Laboratory 
     or facility of the capabilities and opportunities presented 
     by small business concerns; and
       (5) establish guidelines for the program under subsection 
     (b) and report on the effectiveness of

[[Page 14591]]

     such program to the Director of the National Laboratory or 
     facility.
       (b) Establishment of Small Business Assistance Program.--
     The Secretary shall direct the Director of each National 
     Laboratory, and may direct the Director of each facility the 
     Secretary determines to be appropriate, to establish a 
     program to provide small business concerns--
       (1) assistance directed at making them more effective and 
     efficient subcontractors or suppliers to the National 
     Laboratory or facility; or
       (2) general technical assistance, the cost of which shall 
     not exceed $10,000 per instance of assistance, to improve the 
     small business concern's products or services.
       (c) Use of Funds.--None of the funds expended under 
     subsection (b) may be used for direct grants to the small 
     business concerns.

     SEC. 3165. TECHNOLOGY PARTNERSHIPS OMBUDSMAN.

       (a) Appointment of Ombudsman.--The Secretary shall direct 
     the Director of each National Laboratory, and may direct the 
     Director of each facility the Secretary determines to be 
     appropriate, to appoint a technology partnership ombudsman to 
     hear and help resolve complaints from outside organizations 
     regarding each laboratory's policies and actions with respect 
     to technology partnerships (including cooperative research 
     and development agreements), patents, and technology 
     licensing. Each ombudsman shall--
       (1) be a senior official of the National Laboratory or 
     facility who is not involved in day-to-day technology 
     partnerships, patents, or technology licensing, or, if 
     appointed from outside the laboratory, function as such a 
     senior official; and
       (2) have direct access to the Director of the National 
     Laboratory or facility.
       (b) Duties.--Each ombudsman shall--
       (1) serve as the focal point for assisting the public and 
     industry in resolving complaints and disputes with the 
     laboratory regarding technology partnerships, patents, and 
     technology licensing;
       (2) promote the use of collaborative alternative dispute 
     resolution techniques such as mediation to facilitate the 
     speedy and low-cost resolution of complaints and disputes, 
     when appropriate; and
       (3) report, through the Director of the National Laboratory 
     or facility, to the Department annually on the number and 
     nature of complaints and disputes raised, along with the 
     ombudsman's assessment of their resolution, consistent with 
     the protection of confidential and sensitive information.
       (c) Dual Appointment.--A person vested with the small 
     business advocacy function of section 3164 may also serve as 
     the technology partnership ombudsman.

     SEC. 3166. STUDIES RELATED TO IMPROVING MISSION 
                   EFFECTIVENESS, PARTNERSHIPS, AND TECHNOLOGY 
                   TRANSFER AT NATIONAL LABORATORIES.

       (a) Studies.--The Secretary shall direct the Laboratory 
     Operations Board to study and report to him, not later than 
     one year after the date of enactment of this section, on the 
     following topics--
       (1) the possible benefits from and need for policies and 
     procedures to facilitate the transfer of scientific, 
     technical, and professional personnel among National 
     Laboratories and facilities; and
       (2) the possible benefits from and need for changes in--
       (A) the indemnification requirements for patents or other 
     intellectual property licensed from a National Laboratory or 
     facility;
       (B) the royalty and fee schedules and types of compensation 
     that may be used for patents or other intellectual property 
     licensed to a small business concern from a National 
     Laboratory or facility;
       (C) the licensing procedures and requirements for patents 
     and other intellectual property;
       (D) the rights given to a small business concern that has 
     licensed a patent or other intellectual property from a 
     National Laboratory or facility to bring suit against third 
     parties infringing such intellectual property;
       (E) the advance funding requirements for a small business 
     concern funding a project at a National Laboratory or 
     facility through a Funds-In-Agreement;
       (F) the intellectual property rights allocated to a 
     business when it is funding a project at a National 
     Laboratory or facility through a Funds-In-Agreement; and
       (G) policies on royalty payments to inventors employed by a 
     contractor-operated National Laboratory or facility, 
     including those for inventions made under a Funds-In-
     Agreement.
       (b) Definition.--For the purposes of this section, the term 
     ``Funds-in-Agreement'' means a contract between the 
     Department and a non-Federal organization where that 
     organization pays the Department to provide a service or 
     material not otherwise available in the domestic private 
     sector.
       (c) Report to Congress.--Not later than one month after 
     receiving the report under subsection (a), the Secretary 
     shall transmit the report, along with his recommendations for 
     action and proposals for legislation to implement the 
     recommendations, to Congress.

     SEC. 3167. OTHER TRANSACTIONS AUTHORITY.

       (a) New Authority.--Section 646 of the Department of Energy 
     Organization Act (42 U.S.C. 7256) is amended by adding at the 
     end the following new subsection:
       ``(g) Other Transactions Authority.--(1) In addition to 
     other authorities granted to the Secretary to enter into 
     procurement contracts, leases, cooperative agreements, 
     grants, and other similar arrangements, the Secretary may 
     enter into other transactions with public agencies, private 
     organizations, or persons on such terms as the Secretary may 
     deem appropriate in furtherance of basic, applied, and 
     advanced research functions now or hereafter vested in the 
     Secretary. Such other transactions shall not be subject to 
     the provisions of section 9 of the Federal Nonnuclear Energy 
     Research and Development Act of 1974 (42 U.S.C. 5908).
       ``(2)(A) The Secretary of Energy shall ensure that--
       ``(i) to the maximum extent practicable, no transaction 
     entered into under paragraph (1) provides for research that 
     duplicates research being conducted under existing programs 
     carried out by the Department of Energy; and
       ``(ii) to the extent that the Secretary determines 
     practicable, the funds provided by the Government under a 
     transaction authorized by paragraph (1) do not exceed the 
     total amount provided by other parties to the transaction.
       ``(B) A transaction authorized by paragraph (1) may be used 
     for a research project when the use of a standard contract, 
     grant, or cooperative agreement for such project is not 
     feasible or appropriate.
       ``(3)(A) The Secretary shall not disclose any trade secret 
     or commercial or financial information submitted by a non-
     Federal entity under paragraph (1) that is privileged and 
     confidential.
       ``(B) The Secretary shall not disclose, for five years 
     after the date the information is received, any other 
     information submitted by a non-Federal entity under paragraph 
     (1), including any proposal, proposal abstract, document 
     supporting a proposal, business plan, or technical 
     information that is privileged and confidential.
       ``(C) The Secretary may protect from disclosure, for up to 
     five years, any information developed pursuant to a 
     transaction under paragraph (1) that would be protected from 
     disclosure under section 552(b)(4) of title 5, United States 
     Code, if obtained from a person other than a Federal 
     agency.''.
       (b) Implementation.--Not later than six months after the 
     date of enactment of this section, the Department shall 
     establish guidelines for the use of other transactions. Other 
     transactions shall be made available, if needed, in order to 
     implement projects funded under section 3163.

     SEC. 3168. CONFORMANCE WITH NNSA ORGANIZATIONAL STRUCTURE.

       All actions taken by the Secretary in carrying out this 
     subtitle with respect to National Laboratories and facilities 
     that are part of the NNSA shall be through the Administrator 
     for Nuclear Security in accordance with the requirements of 
     title XXXII of the National Defense Authorization Act for 
     Fiscal Year 2000.

     SEC. 3169. ARCTIC ENERGY.

       (a) Establishment.--There is hereby established within the 
     Department of Energy an Office of Arctic Energy.
       (b) Purpose.--The purposes of the Office of Arctic Energy 
     are--
       (1) to promote research, development and deployment of 
     electric power technology that is cost-effective and 
     especially well suited to meet the needs of rural and remote 
     regions of the United States, especially where permafrost is 
     present or located nearby; and
       (2) to promote research, development and deployment in such 
     regions of--
       (A) enhanced oil recovery technology, including heavy oil 
     recovery, reinjection of carbon and extended reach drilling 
     technologies;
       (B) gas-to-liquids technology and liquified natural gas 
     (including associated transportation systems);
       (C) small hydroelectric facilities, river turbines and 
     tidal power;
       (D) natural gas hydrates, coal bed methane, and shallow bed 
     natural gas; and
       (E) alternative energy, including wind, geothermal, and 
     fuel cells.
       (c) Location.--The Secretary shall locate the Office of 
     Arctic Energy at a university with special expertise and 
     unique experience in the matters specified in paragraphs (1) 
     and (2) of subsection (b).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out activities under this section 
     $1,000,000 for the first fiscal year after the date of 
     enactment of this section.

                       Subtitle F--Other Matters

     SEC. 3171. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN 
                   SCIENTIFIC, ENGINEERING, AND TECHNICAL 
                   PERSONNEL.

       Section 3161(c)(1) of the National Defense Authorization 
     Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by 
     striking ``September 30, 2000'' and inserting ``September 30, 
     2002''.

     SEC. 3172. UPDATES OF REPORT ON NUCLEAR TEST READINESS 
                   POSTURES.

       Section 3152 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 623) is 
     amended--
       (1) by inserting ``(a) Report.--'' before ``Not later than 
     February 15, 1996,''; and
       (2) by adding at the end the following:
       ``(b) Biennial Updates of Report.--(1) The Secretary shall 
     submit to the congressional defense committees an update of 
     the report required under (a) not later than February 15, 
     2001, and every two years thereafter.
       ``(2) Each update under paragraph (1) shall include, 
     current as of the date of such update, the following:
       ``(A) A list and description of the workforce skills and 
     capabilities that are essential to carry

[[Page 14592]]

     out underground nuclear tests at the Nevada Test Site.
       ``(B) A list and description of the infrastructure and 
     physical plant that are essential to carry out underground 
     nuclear tests at the Nevada Test Site.
       ``(C) A description of the readiness status of the skills 
     and capabilities described in subparagraph (A) and of the 
     infrastructure and physical plant described in subparagraph 
     (B).
       ``(3) Each update under paragraph (1) shall be submitted in 
     unclassified form, but may include a classified annex.''.

     SEC. 3173. FREQUENCY OF REPORTS ON INADVERTENT RELEASES OF 
                   RESTRICTED DATA AND FORMERLY RESTRICTED DATA.

       (a) Frequency of Reports.--Section 3161(f)(2) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 112 Stat. 2261; 50 U.S.C. 435 note) 
     is amended to read as follows:
       ``(2) The Secretary of Energy shall, on a quarterly basis, 
     notify the committees and Assistant to the President 
     specified in subsection (d) of inadvertent releases described 
     in paragraph (1) that are discovered after the date of the 
     enactment of this Act.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to inadvertent releases of 
     Restricted Data and Formerly Restricted Data that are 
     discovered on or after that date.

     SEC. 3174. FORM OF CERTIFICATIONS REGARDING THE SAFETY OR 
                   RELIABILITY OF THE NUCLEAR WEAPONS STOCKPILE.

       Any certification submitted to the President by the 
     Secretary of Defense or the Secretary of Energy regarding 
     confidence in the safety or reliability of a nuclear weapon 
     type in the United States nuclear weapons stockpile shall be 
     submitted in classified form only.

     SEC. 3175. ENGINEERING AND MANUFACTURING RESEARCH, 
                   DEVELOPMENT, AND DEMONSTRATION BY PLANT 
                   MANAGERS OF CERTAIN NUCLEAR WEAPONS PRODUCTION 
                   PLANTS.

       (a) Authority.--The Secretary of Energy may authorize the 
     plant manager of a covered nuclear weapons production plant 
     to engage in research, development, and demonstration 
     activities with respect to the engineering and manufacturing 
     capabilities at such plant in order to maintain and enhance 
     such capabilities at such plant.
       (b) Funding.--Of the amount allocated by the Secretary to a 
     covered nuclear weapons production plant each fiscal year 
     from amounts available to the Department of Energy for such 
     fiscal year for national security programs, not more than an 
     amount equal to 2 percent of such amount may be used for 
     activities authorized under subsection (a).
       (c) Covered Nuclear Weapons Production Plants.--For 
     purposes of this section, the term ``covered nuclear weapons 
     production plant'' means the following:
       (1) The Kansas City Plant, Kansas City, Missouri.
       (2) The Y-12 Plant, Oak Ridge, Tennessee.
       (3) The Pantex Plant, Amarillo, Texas.

     SEC. 3176. COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENTS 
                   FOR GOVERNMENT-OWNED, CONTRACTOR-OPERATED 
                   LABORATORIES.

       (a) Strategic Plans.--Subsection (a) of section 12 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a) is amended by striking ``joint work statement,'' and 
     inserting ``joint work statement or, if permitted by the 
     agency, in an agency-approved annual strategic plan,''.
       (b) Experimental Federal Waivers.--Subsection (b) of that 
     section is amended by adding at the end the following new 
     paragraph:
       ``(6)(A) In the case of a Department of Energy laboratory, 
     a designated official of the Department of Energy may waive 
     any license retained by the Government under paragraph 
     (1)(A), (2), or (3)(D), in whole or in part and according to 
     negotiated terms and conditions, if the designated official 
     finds that the retention of the license by the Department of 
     Energy would substantially inhibit the commercialization of 
     an invention that would otherwise serve an important Federal 
     mission.
       ``(B) The authority to grant a waiver under subparagraph 
     (A) shall expire on the date that is 5 years after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2001.
       ``(C) The expiration under subparagraph (B) of authority to 
     grant a waiver under subparagraph (A) shall not effect any 
     waiver granted under subparagraph (A) before the expiration 
     of such authority.''.
       (c) Time Required for Approval.--Subsection (c)(5) of that 
     section is amended--
       (1) by striking subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (C); 
     and
       (3) in subparagraph (C), as so redesignated--
       (A) in clause (i)--
       (i) by striking ``with a small business firm''; and
       (ii) by inserting ``if'' after ``statement''; and
       (B) by adding at the end the following new clauses:
       ``(iv) Any agency that has contracted with a non-Federal 
     entity to operate a laboratory may develop and provide to 
     such laboratory one or more model cooperative research and 
     development agreements for purposes of standardizing 
     practices and procedures, resolving common legal issues, and 
     enabling review of cooperative research and development 
     agreements to be carried out in a routine and prompt manner.
       ``(v) A Federal agency may waive the requirements of clause 
     (i) or (ii) under such circumstances as the agency considers 
     appropriate.''.

     SEC. 3177. COMMENDATION OF DEPARTMENT OF ENERGY AND 
                   CONTRACTOR EMPLOYEES FOR EXEMPLARY SERVICE IN 
                   STOCKPILE STEWARDSHIP AND SECURITY.

       (a) Authority To Present Certificate of Commendation.--The 
     Secretary of Energy may present a certificate of commendation 
     to any current or former employee of the Department of 
     Energy, and any current or former employee of a Department 
     contractor, whose service to the Department in matters 
     relating to stockpile stewardship and security assisted the 
     Department in furthering the national security interests of 
     the United States.
       (b) Certificate.--The certificate of commendation presented 
     to a current or former employee under subsection (a) shall 
     include an appropriate citation of the service of the current 
     or former employee described in that subsection, including a 
     citation for dedication, intellect, and sacrifice in 
     furthering the national security interests of the United 
     States by maintaining a strong, safe, and viable United 
     States nuclear deterrent during the Cold War or thereafter.
       (c) Department of Energy Defined.--For purposes of this 
     section, the term ``Department of Energy'' includes any 
     predecessor agency of the Department of Energy.

     SEC. 3178. ADJUSTMENT OF THRESHOLD REQUIREMENT FOR SUBMISSION 
                   OF REPORTS ON ADVANCED COMPUTER SALES TO TIER 
                   III FOREIGN COUNTRIES.

       Section 3157 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85; 111 Stat. 2045) is 
     amended by adding at the end the following:
       ``(e) Adjustment of Performance Levels.--Whenever a new 
     composite theoretical performance level is established under 
     section 1211(d), that level shall apply for purposes of 
     subsection (a) of this section in lieu of the level set forth 
     in subsection (a).''.

             Subtitle G--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

[[Page 14593]]

     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 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 of Energy 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 of 
     Energy 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 of 
     Energy 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), up to $2,000,000 
     shall be available for purposes of the program under 
     paragraph (1).
       (f) Funding for Fiscal Year 2001.--(1) There is hereby 
     authorized to be appropriated for the Department of Energy 
     for fiscal year 2001, $30,000,000 for purposes of the Nuclear 
     Cities Initiative, including activities under this section.
       (2) The amount authorized to be appropriated by section 
     101(5) for other procurement for the Army is hereby reduced 
     by $12,500,000, with the amount of the reduction to be 
     allocated to the Close Combat Tactical Trainer.
       (g) Limitation on Availability of Funds for Nuclear Cities 
     Initiative.--No amount in excess of $17,500,000 authorized to 
     be appropriated for the Department of Energy for fiscal year 
     2001 for the Nuclear Cities Initiative may be obligated or 
     expended for purposes of providing assistance under the 
     Initiative until 30 days after the date on which the 
     Secretary of Energy submits to the Committees on Armed 
     Services of the Senate and House of Representatives the 
     following:
       (1) A copy of the written agreement between the United 
     States Government and the Government of the Russian 
     Federation which provides that Russia will close some of its 
     facilities engaged in nuclear weapons assembly and 
     disassembly work within five years in exchange for 
     participation in the Initiative.
       (2) A certification by the Secretary that--
       (A) project review procedures for all projects under the 
     Initiative have been established and implemented; and
       (B) such procedures will ensure that any scientific, 
     technical, or commercial project initiated under the 
     Initiative--
       (i) will not enhance the military or weapons of mass 
     destruction capabilities of Russia;
       (ii) will not result in the inadvertent transfer or 
     utilization of products or activities under such project for 
     military purposes;
       (iii) will be commercially viable within three years of the 
     date of the certification; and
       (iv) will be carried out in conjunction with an appropriate 
     commercial, industrial, or other nonprofit entity as partner.
       (3) A report setting forth the following:
       (A) The project review procedures referred to in paragraph 
     (2)(A).
       (B) A list of the projects under the Initiative that have 
     been reviewed under such project review procedures.
       (C) A description for each project listed under 
     subparagraph (B) of the purpose, life-cycle, out-year budget 
     costs, participants, commercial viability, expected time for 
     income generation, and number of Russian jobs created.
       (h) Sense of Congress on 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.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

     SEC. 3201. DEFENSE NUCLEAR FACILITIES SAFETY BOARD.

       There are authorized to be appropriated for fiscal year 
     2001, $18,500,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).

                 TITLE XXXIII--NAVAL PETROLEUM RESERVES

     SEC. 3301. MINIMUM PRICE OF PETROLEUM SOLD FROM THE NAVAL 
                   PETROLEUM RESERVES.

       (a) Higher Minimum Price.--Subparagraph (A) of section 
     7430(b)(2) of title 10, United States Code, is amended by 
     striking ``90 percent of''.

[[Page 14594]]

       (b) Inapplicability of Requirement to Reserve Numbered 1.--
     Such section 7430(b)(2) is further amended by striking 
     ``Naval Petroleum Reserves Numbered 1, 2, and 3'' in the 
     matter preceding subparagraph (A) and inserting ``Naval 
     Petroleum Reserves Numbered 2 and 3''.

     SEC. 3302. REPEAL OF AUTHORITY TO CONTRACT FOR COOPERATIVE OR 
                   UNIT PLANS AFFECTING NAVAL PETROLEUM RESERVE 
                   NUMBERED 1.

       (a) Repeal.--Section 7426 of title 10, United States Code, 
     is repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 641 of such title is amended by striking 
     the item relating to section 7426.

     SEC. 3303. LAND TRANSFER AND RESTORATION.

       (a) Short Title.--This section may be cited as the ``Ute-
     Moab Land Restoration Act''.
       (b) Transfer of Oil Shale Reserve.--Section 3405 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is 
     amended to read as follows:

     ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

       ``(a) Definitions.--In this section:
       ``(1) Map.--The term ``map'' means the map depicting the 
     boundaries of NOSR-2, to be kept on file and available for 
     public inspection in the offices of the Department of the 
     Interior.
       ``(2) Moab site.--The term `Moab site' means the Moab 
     uranium milling site located approximately 3 miles northwest 
     of Moab, Utah, and identified in the Final Environmental 
     Impact Statement issued by the Nuclear Regulatory Commission 
     in March 1996, in conjunction with Source Material License 
     No. SUA 917.
       ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve 
     Numbered 2, as identified on a map on file in the Office of 
     the Secretary of the Interior.
       ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
     of the Uintah and Ouray Indian Reservation.
       ``(b) Conveyance.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     United States conveys to the Tribe, subject to valid existing 
     rights in effect on the day before the date of enactment of 
     this section, all Federal land within the exterior boundaries 
     of NOSR-2 in fee simple (including surface and mineral 
     rights).
       ``(2) Reservations.--The conveyance under paragraph (1) 
     shall not include the following reservations of the United 
     States:
       ``(A) A 9 percent royalty interest in the value of any oil, 
     gas, other hydrocarbons, and all other minerals from the 
     conveyed land that are produced, saved, and sold, the 
     payments for which shall be made by the Tribe or its designee 
     to the Secretary of Energy during the period that the oil, 
     gas, hydrocarbons, or minerals are being produced, saved, 
     sold, or extracted.
       ``(B) The portion of the bed of Green River contained 
     entirely within NOSR-2, as depicted on the map.
       ``(C) The land (including surface and mineral rights) to 
     the west of the Green River within NOSR-2, as depicted on the 
     map.
       ``(D) A \1/4\ mile scenic easement on the east side of the 
     Green River within NOSR-2.
       ``(3) Conditions.--
       ``(A) Management authority.--On completion of the 
     conveyance under paragraph (1), the United States 
     relinquishes all management authority over the conveyed land 
     (including tribal activities conducted on the land).
       ``(B) No reversion.--The land conveyed to the Tribe under 
     this subsection shall not revert to the United States for 
     management in trust status.
       ``(C) Use of easement.--The reservation of the easement 
     under paragraph (2)(D) shall not affect the right of the 
     Tribe to obtain, use, and maintain access to, the Green River 
     through the use of the road within the easement, as depicted 
     on the map.
       ``(c) Withdrawals.--Each withdrawal that applies to NOSR-2 
     and that is in effect on the date of enactment of this 
     section is revoked to the extent that the withdrawal applies 
     to NOSR-2.
       ``(d) Administration of Reserved Land and Interests in 
     Land.--
       ``(1) In general.--The Secretary of the Interior shall 
     administer the land and interests in land reserved from 
     conveyance under subparagraphs (B) and (C) of subsection 
     (b)(2) in accordance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.).
       ``(2) Management plan.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a land use plan for the management of the land 
     and interests in land referred to in paragraph (1).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary to carry out this subsection.
       ``(e) Royalty.--
       ``(1) Payment of royalty.--The royalty interest reserved 
     from conveyance in subsection (b)(2)(A) that is required to 
     be paid by the Tribe shall not include any development, 
     production, marketing, and operating expenses.
       ``(2) Report.--The Tribe shall submit to the Secretary of 
     Energy and to Congress an annual report on resource 
     development and other activities of the Tribe concerning the 
     conveyance under subsection (b).
       ``(3) Financial audit.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Tribe shall obtain an audit of all resource development 
     activities of the Tribe concerning the conveyance under 
     subsection (b), as provided under chapter 75 of title 31, 
     United States Code.
       ``(B) Inclusion of results.--The results of each audit 
     under this paragraph shall be included in the next annual 
     report submitted after the date of completion of the audit.
       ``(f) River Management.--
       ``(1) In general.--The Tribe shall manage, under Tribal 
     jurisdiction and in accordance with ordinances adopted by the 
     Tribe, land of the Tribe that is adjacent to, and within \1/
     4\ mile of, the Green River in a manner that--
       ``(A) maintains the protected status of the land; and
       ``(B) is consistent with the government-to-government 
     agreement and in the memorandum of understanding dated 
     February 11, 2000, as agreed to by the Tribe and the 
     Secretary.
       ``(2) No management restrictions.--An ordinance referred to 
     in paragraph (1) shall not impair, limit, or otherwise 
     restrict the management and use of any land that is not 
     owned, controlled, or subject to the jurisdiction of the 
     Tribe.
       ``(3) Repeal or amendment.--An ordinance adopted by the 
     Tribe and referenced in the government-to-government 
     agreement may not be repealed or amended without the written 
     approval of--
       ``(A) the Tribe; and
       ``(B) the Secretary.
       ``(g) Plant Species.--
       ``(1) In general.--In accordance with a government-to-
     government agreement between the Tribe and the Secretary, in 
     a manner consistent with levels of legal protection in effect 
     on the date of enactment of this section, the Tribe shall 
     protect, under ordinances adopted by the Tribe, any plant 
     species that is--
       ``(A) listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       ``(B) located or found on the NOSR-2 land conveyed to the 
     Tribe.
       ``(2) Tribal jurisdiction.--The protection described in 
     paragraph (1) shall be performed solely under tribal 
     jurisdiction
       ``(h) Horses.--
       ``(1) In general.--The Tribe shall manage, protect, and 
     assert control over any horse not owned by the Tribe or 
     tribal members that is located or found on the NOSR-2 land 
     conveyed to the Tribe in a manner that is consistent with 
     Federal law governing the management, protection, and control 
     of horses in effect on the date of enactment of this section.
       ``(2) Tribal jurisdiction.--The management, control, and 
     protection of horses described in paragraph (1) shall be 
     performed solely--
       ``(A) under tribal jurisdiction; and
       ``(B) in accordance with a government-to-government 
     agreement between the Tribe and the Secretary.
       ``(i) Remedial Action at Moab Site.--
       ``(1) Interim remedial action.--
       ``(A) Plan.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of Energy shall 
     prepare a plan for remedial action, including ground water 
     restoration, at the uranium milling site near Moab, Utah, 
     under section 102(a) of the Uranium Mill Tailings Radiation 
     Control Act of 1978 (42 U.S.C. 7912(a)).
       ``(B) Commencement of remedial action.--The Secretary of 
     Energy shall commence remedial action as soon as practicable 
     after the preparation of the plan.
       ``(C) Termination of license.--The license for the 
     materials at the site issued by the Nuclear Regulatory 
     Commission shall terminate 1 year from the date of enactment 
     of this section, unless the Secretary of Energy determines 
     that the license may be terminated earlier.
       ``(D) Activities of the trustee of the moab reclamation 
     trust.-- Until the license referred to in subparagraph (C) 
     terminates, the Trustee of the Moab Reclamation Trust 
     (referred to in this paragraph as the `Trustee'), subject to 
     the availability of funds appropriated specifically for a 
     purpose described in clauses (i) through (iii) or made 
     available by the Trustee from the Moab Reclamation Trust, may 
     carry out--
       ``(i) interim measures to reduce or eliminate localized 
     high ammonia concentrations identified by the United States 
     Geological Survey in a report dated March 27, 2000, in the 
     Colorado River;
       ``(ii) activities to dewater the mill tailings; and
       ``(iii) other activities, subject to the authority of the 
     Secretary of Energy and the Nuclear Regulatory Commission.
       ``(E) Title; caretaking.--Until the date on which the Moab 
     site is sold under paragraph (4), the Trustee--
       ``(i) shall maintain title to the site; and
       ``(ii) shall act as a caretaker of the property and in that 
     capacity exercise measures of physical safety consistent with 
     past practice, until the Secretary of Energy relieves the 
     Trustee of that responsibility.
       ``(2) Limit on expenditures.--The Secretary shall limit the 
     amounts expended in carrying out the remedial action under 
     paragraph (1) to--
       ``(A) amounts specifically appropriated for the remedial 
     action in an Act of appropriation; and
       ``(B) other amounts made available for the remedial action 
     under this subsection.
       ``(3) Retention of royalties.--
       ``(A) In general.--The Secretary of Energy shall retain the 
     amounts received as royalties under subsection (e)(1).
       ``(B) Availability.--Amounts referred to in subparagraph 
     (A) shall be available, without further Act of appropriation, 
     to carry out the remedial action under paragraph (1).

[[Page 14595]]

       ``(C) Excess amounts.--On completion of the remedial action 
     under paragraph (1), all remaining royalty amounts shall be 
     deposited in the General Fund of the Treasury.
       ``(D) Exclusion of national security activities funding.--
     The Secretary shall not use any funds made available to the 
     Department of Energy for national security activities to 
     carry out the remedial action under paragraph (1).
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Energy to 
     carry out the remedial action under paragraph (1) such sums 
     as are necessary.
       ``(4) Sale of moab site.--
       ``(A) In general.--If the Moab site is sold after the date 
     on which the Secretary of Energy completes the remedial 
     action under paragraph (1), the seller shall pay to the 
     Secretary of Energy, for deposit in the miscellaneous 
     receipts account of the Treasury, the portion of the sale 
     price that the Secretary determines resulted from the 
     enhancement of the value of the Moab site that is 
     attributable to the completion of the remedial action, as 
     determined in accordance with subparagraph (B).
       ``(B) Determination of enhanced value.--The enhanced value 
     of the Moab site referred to in subparagraph (A) shall be 
     equal to the difference between--
       ``(i) the fair market value of the Moab site on the date of 
     enactment of this section, based on information available on 
     that date; and
       ``(ii) the fair market value of the Moab site, as appraised 
     on completion of the remedial action.''.
       (c) Uranium Mill Tailings.--Section 102(a) of the Uranium 
     Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
     7912(a)) is amended by inserting after paragraph (3) the 
     following:
       ``(4) Designation as processing site.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Moab uranium milling site (referred to in this 
     paragraph as the `Moab Site') located approximately 3 miles 
     northwest of Moab, Utah, and identified in the Final 
     Environmental Impact Statement issued by the Nuclear 
     Regulatory Commission in March 1996, in conjunction with 
     Source Material License No. SUA 917, is designated as a 
     processing site.
       ``(B) Applicability.--This title applies to the Moab Site 
     in the same manner and to the same extent as to other 
     processing sites designated under this subsection, except 
     that--
       ``(i) sections 103, 107(a), 112(a), and 115(a) of this 
     title shall not apply;
       ``(ii) a reference in this title to the date of the 
     enactment of this Act shall be treated as a reference to the 
     date of enactment of this paragraph; and
       ``(iii) the Secretary, subject to the availability of 
     appropriations and without regard to section 104(b), shall 
     conduct remediation at the Moab site in a safe and 
     environmentally sound manner, including--

       ``(I) ground water restoration; and
       ``(II) the removal, to at a site in the State of Utah, for 
     permanent disposition and any necessary stabilization, of 
     residual radioactive material and other contaminated material 
     from the Moab Site and the floodplain of the Colorado 
     River.''.

       (d) Conforming Amendment.--Section 3406 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by 
     inserting after subsection (e) the following:
       ``(f) Oil Shale Reserve Numbered 2.--This section does not 
     apply to the transfer of Oil Shale Reserve Numbered 2 under 
     section 3405.''.

                TITLE XXXIV--NATIONAL DEFENSE STOCKPILE

     SEC. 3401. AUTHORIZED USES OF STOCKPILE FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2001, the National Defense Stockpile Manager may obligate up 
     to $75,000,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section, including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 3402. INCREASED RECEIPTS UNDER PRIOR DISPOSAL AUTHORITY.

       Section 3303(a) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     1112 Stat. 2263; 50 U.S.C. 98d note) is amended--
       (1) in paragraph (2), by striking ``$460,000,000'' and 
     inserting ``$409,000,000'';
       (2) in paragraph (3), by striking ``$555,000,000'' and 
     inserting ``$585,000,000''; and
       (3) in paragraph (4), by striking ``$590,000,000'' and 
     inserting ``$620,000,000''.

     SEC. 3403. DISPOSAL OF TITANIUM.

       (a) Disposal Required.--Subject to subsection (b), the 
     President shall, by September 30, 2010, dispose of 30,000 
     short tons of titanium contained in the National Defense 
     Stockpile so as to result in receipts to the United States in 
     a total amount that is not less than $180,000,000.
       (b) Minimization of Disruption and Loss.--The President may 
     not dispose of titanium under subsection (a) to the extent 
     that the disposal will result in--
       (1) undue disruption of the usual markets of producers, 
     processors, and consumers of titanium; or
       (2) avoidable loss to the United States.
       (c) Treatment of Receipts.--Notwithstanding section 9 of 
     the Strategic and Critical Materials Stock Piling Act (50 
     U.S.C. 98h), funds received as a result of the disposal of 
     titanium under subsection (a) shall be applied as follows: 
     $174,000,000 to defray the costs of health care benefit 
     improvements for retired military personnel; and $6,000,000 
     for transfer to the American Battle Monuments Commission for 
     deposit in the fund established under section 2113 of title 
     36, United States Code, for the World War II memorial 
     authorized by section 1 of Public Law 103-32 (107 Stat. 90).
       (d) World War II Memorial.--(1) The amount transferred to 
     the American Battle Monuments Commission under subsection (c) 
     shall be used to complete all necessary requirements for the 
     design of, ground breaking for, construction of, maintenance 
     of, and dedication of the World War II memorial. The 
     Commission shall determine how the amount shall be 
     apportioned among such purposes.
       (2) Any funds not necessary for the purposes set forth in 
     paragraph (1) shall be transferred to and deposited in the 
     general fund of the Treasury.
       (e) Relationship to Other Disposal Authority.--The disposal 
     authority provided in subsection (a) is new disposal 
     authority and is in addition to, and shall not affect, any 
     other disposal authority provided by law regarding materials 
     in the National Defense Stockpile.

     TITLE 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 from 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 11d. 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

[[Page 14596]]

     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;
       (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 Employees' 
     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) Individuals 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

[[Page 14597]]

     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 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 on 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

[[Page 14598]]

     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 11y. 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
       (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) Claim 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--
       (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.

[[Page 14599]]

       (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 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 decisionmaking 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 at 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 as 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 implementation by the Department of Energy of 
     the provisions of this subtitle and of the effectiveness of 
     the program under this subtitle in providing

[[Page 14600]]

     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 included as income or resources for 
     purposes of determining eligibility to receive benefits 
     described in section 3803(c)(2)(C) of title 31, United States 
     Code, or the amount of those benefits; and
       (2) 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 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, United States Code, or 
     any other Federal or State criminal statute relating to fraud 
     in the application for or receipt of any benefit under this 
     title or under any other Federal or State workers' 
     compensation law, shall forfeit (as of the date of such 
     conviction) any entitlement to any 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 receive compensation forfeited during 
     the period of incarceration.
       (2) If an individual has one or more dependents as defined 
     under section 8110(a) of title 5, United States Code, the 
     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 80 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 Affairs 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

[[Page 14601]]

     Labor. The election when made is irrevocable, except as 
     otherwise provided by statute.

     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--
       (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 statute 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
       (B) 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 third 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 12-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 the 
     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 90 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

[[Page 14602]]

     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''.
       (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 Employees' 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.''.

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