[Congressional Record (Bound Edition), Volume 146 (2000), Part 6]
[House]
[Pages 8217-8228]
[From the U.S. Government Publishing Office, www.gpo.gov]



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

  The Committee resumed its sitting.
  The CHAIRMAN pro tempore (Mr. Gutknecht). It is now in order to 
consider amendment No. 13 printed in House Report 106-621.


                Amendment No. 13 Offered by Mr. Stearns

  Mr. STEARNS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Stearns:
       At the end of title VII (page 247, after line 9), insert 
     the following new section:

     SEC. 7__. STUDY ON COMPARABILITY OF COVERAGE FOR PHYSICAL, 
                   SPEECH, AND OCCUPATIONAL THERAPIES.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study comparing coverage and reimbursement for covered 
     beneficiaries under chapter 55 of title 10, United States 
     Code, for physical, speech, and occupational therapies under 
     the TRICARE program and the Civilian Health and Medical 
     Program of the Uniformed Services to coverage and 
     reimbursement for such therapies by insurers under medicare 
     and the Federal Employees Health Benefits Program. The study 
     shall examine the following:
       (1) Types of services covered.
       (2) Whether prior authorization is required to receive such 
     services.
       (3) Reimbursement limits for services covered.
       (4) Whether services are covered on both an inpatient and 
     outpatient basis.
       (b) Report.--Not later than March 31, 2001, the Secretary 
     shall submit a report on the findings of the study conducted 
     under this section to the Committees on Armed Services of the 
     Senate and the House of Representatives.

  The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the 
gentleman from Florida (Mr. Stearns) and a Member opposed will each 
control 5 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Stearns).
  Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, every now and then in a debate we need an amendment 
that everybody agrees on and everybody is happy about, and this is just 
such an amendment. And I think it is appropriate that we have this one 
after our previous debate. In addition, this amendment has been worked 
out with the Committee on Armed Services.
  The purpose of my amendment is to request that the Secretary of 
Defense conduct a study comparing the coverage and reimbursement for 
physical, speech, and occupational therapies for covered beneficiaries 
under the TRICARE program to coverage and reimbursement for such same 
therapies under Medicare and the Federal Employee Health Benefits 
Program. So we are comparing what is provided under TRICARE with what 
is provided under Medicare and the Federal Employee Health Benefits 
Program.
  This study examines the following: The type of services covered; 
whether prior authorization is required to receive such services; 
reimbursement limits for services covered; and, fourthly, whether 
services are covered

[[Page 8218]]

on both an inpatient and outpatient basis.
  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. STEARNS. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, we see nothing wrong with the gentleman's 
amendment. As far as we are concerned, we accept it.
  Mr. STEARNS. Reclaiming my time, Mr. Chairman, I thank the gentleman. 
I will just finish my presentation for the good of the House, and I 
thank the chairman for his kind acceptance.
  The Secretary shall submit a report on the findings of the study 
conducted to the House and Senate Committees on Armed Services no later 
than March 31, 2001. So, Mr. Chairman, I offer this amendment because 
it has been brought to my attention that acceptance of TRICARE patients 
presents a variety of problems, business concerns, to rehab providers. 
Because of these concerns, rehab practices are reluctant to accept 
TRICARE patients, and that is wrong.
  For example, most patients with a diagnosis of a stroke, for example, 
require two and sometimes three rehab disciplines, depending upon the 
severity of the stroke. Therefore, the stroke patient may require 
physical and occupational therapy and possibly speech therapy, if the 
speech centers of the brain are involved. The concern here is that only 
the physical therapy services are covered as reimbursable service 
without prior written authorization, while speech therapy services 
require prior written authorization.
  Confusing? That is what this study will determine, the proper way to 
go.
  Occupational therapy would not be covered, as it can only be covered 
in an institutional facility. In most cases this creates a significant 
inconvenience for patients who now must receive their physical and 
speech therapy in one facility and have to travel to a separate 
institutional facility for occupational therapy services.
  Another good example, Mr. Chairman, concerns patients who are 
referred with a diagnosis of, let us say, a head trauma or upper 
extremity trauma. They would have similar rehab needs as stroke 
patients and, most likely, experience similar inconveniences.
  Providers are also concerned about the potential for interpretation 
of fraud by utilizing a physical therapy assistant in the treatment of 
TRICARE patients. That should not occur. In hospitals, skilled nursing 
facilities, and outpatient rehab facilities it is common for the 
therapy staff to be comprised of physical therapists and physical 
therapy assistants. When the rehab staffing is compromised due to 
sickness, educational leave, vacation, et cetera, the rehab provider is 
limited to the staff who can treat TRICARE patients. These TRICARE 
patient appointments may need be canceled and the therapy interrupted 
due to the compromised staffing pattern.
  This situation does not occur in treating traditional Medicare 
patients. Neither does it occur with Federal Employee Health Benefits. 
The requirement for utilizing only registered physical therapists 
serves to create a more expensive model in which to deliver rehab 
services.
  In Florida, for example, physical therapy assistants, by their 
practice, can perform all of the therapy services rendered by a 
registered physical therapist, with the exception of performing a 
patient evaluation, changing a patient's plan of care or treatment, or 
discharging a patient. The risks associated with a TRICARE patient 
accidentally being treated by a physical therapy assistant presents a 
significant concern to all these rehab providers.
  So, Mr. Chairman, I think this study will try to determine how these 
problems can be resolved. My district has many active duty and retired 
military and their dependents who rely on this program for their health 
care. By having DOD conduct such a study, we would be provided with the 
necessary information to make a fair assessment about coverage of the 
rehab therapies by TRICARE. I urge my colleagues to support this 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore. Does any Member claim time in opposition to 
the amendment?
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentleman from Florida (Mr. Stearns).
  The question was taken; and the Chairman pro tempore announced that 
the ayes appeared to have it.
  Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 503, further 
proceedings on the amendment offered by the gentleman from Florida (Mr. 
Stearns) will be postponed.


         Amendments En Bloc, as Modified, Offered by Mr. Spence

  Mr. SPENCE. Mr. Chairman, pursuant to section 3 of House Resolution 
503, I offer en bloc amendments consisting of the following amendments, 
printed in House Report 106-621: Amendment No. 5, as modified; 
amendments 6, 7, 8 and 9; amendment No. 11, as modified; amendments 12, 
14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 
34, and 35.
  The CHAIRMAN pro tempore. The Clerk will designate the amendments en 
bloc and report the modifications.
  The Clerk designated the amendments en bloc and proceeding to report 
the modifications.

                      Amendment No. 5 As Modified

                  Offered by Mr. Hunter of California

       The amendment as modified is as follows:
       At the end of subtitle C of title I (page 27, after line 
     24), insert the following new section:

     SEC. 125. ECONOMIC ANALYSIS OF CERTAIN SHIPBUILDING PROGRAMS.

       (a) Economic Analysis.--The Secretary of Defense, in 
     consultation with the Secretary of the Navy, shall conduct an 
     economic analysis on the potential benefits and costs 
     associated with full funding, and with alternative funding 
     mechanisms, for the procurement of large aviation-capable 
     naval vessels beginning in fiscal year 2002.
       (b) Covered Vessel Classes.--For purposes of this section, 
     the term ``large aviation-capable naval vessel'' means the 
     following classes of vessel:
       (1) The CVN(X) class aircraft carrier.
       (2) The LHD and LHA replacement class amphibious assault 
     ships.
       (c) Report.--The Secretary shall submit to the 
     congressional defense committees a report detailing the 
     results of the economic analysis under subsection (a). The 
     report shall be submitted concurrently with the submission of 
     the President's Budget for fiscal year 2002, but in no event 
     later than February 5, 2001. The report shall include the 
     following:
       (1) A detailed description of the funding mechanisms 
     considered.
       (2) The potential savings or costs associated with each 
     such funding mechanism.
       (3) The year-to-year effect of each such funding mechanism 
     on production stability of other shipbuilding programs funded 
     within the Shipbuilding and Conversion, Navy, account, given 
     the current acquisition plan of the Navy for the large 
     aviation-capable ships and other shipbuilding programs 
     through fiscal year 2010.
       (4) A description and discussion of any statutory or 
     regulatory restrictions that would preclude the use of any of 
     the funding mechanisms considered.

                            Amendment No. 6

                    Offered by Mr. Underwood of Guam

       Page 40, line 14, strike ``50 States'' and insert ``United 
     States''.
       Page 41, after line 15, insert the following:
       (c) Definition.--For purposes of this section, the term 
     ``United States'', when used in a geographic sense, means the 
     50 States, the District of Columbia, and any Commonwealth, 
     territory, or possession of the United States.

                            Amendment No. 7

                     Offered by Mr. Hansen of Utah

       Page 51, line 13, strike the period at the end and insert 
     the following: ``for such special use airspace and the use of 
     such special use airspace established in such environmental 
     impact statements.''.
       Page 51, lines 14 and 15, strike ``of Network'' and insert 
     ``for Low-Level Flight Training''.

                            Amendment No. 8

                  Offered by Mr. McKeon of California

       At the end of subtitle B of title III (page 53, after line 
     12), insert the following new section:

     SEC. __. FINDINGS AND SENSE OF CONGRESS REGARDING 
                   ENVIRONMENTAL RESTORATION OF FORMER DEFENSE 
                   MANUFACTURING SITE, SANTA CLARITA, CALIFORNIA.

       (a) Findings.--The Congress finds the following:
       (1) A former private sector munitions plant may have 
     demonstratively impacted the environment of a 1,000-acre site 
     in Santa Clarita, California.

[[Page 8219]]

       (2) Munitions and rocket propellant manufactured at this 
     site for over 60 years may have contributed to various 
     contaminants including, but not limited to, perchlorates and 
     various volatile organic compounds.
       (3) The munitions plant used materials and production 
     methods in support of purchase orders from the Department of 
     Defense to meet the national security interests of the United 
     States at the time.
       (4) The Santa Clarita site serves a unique role in the 
     future of the community and is the cornerstone to many public 
     benefits, including reduction in transportation congestion, 
     access to much-needed schools, future local government 
     centers, assurance of quality drinking water, more than 400 
     acres of public space, and affordable housing.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) every effort should be made to apply all known public 
     and private sector innovative technologies to restore the 
     Santa Clarita site to productive use; and
       (2) the experience gained from this site by the private and 
     public sector partnerships has the potential to pay dividends 
     many times over.

                            Amendment No. 9

                   Offered by Mrs. Fowler of Florida

       Page 80, line 14, insert ``only'' after ``may be 
     delegated''.
       Page 81, line 15, insert before the period the following: 
     ``or to an official in the Office of the Secretary of Defense 
     senior to that Deputy Under Secretary''.

                     Amendment No. 11, as Modified

                    Offered by Mr. Buyer of Indiana

       The amendment as modified is as follows:
       Page 83, line 23, strike ``350,526'' and insert 
     ``350,706''.
       Page 85, line 11, strike ``22,974'' and insert ``23,154''.
       Page 86, line 2, strike ``23,129'' and insert ``23,392''.
       At the end of subtitle D of title I (page 30, after line 
     2), insert the following new section:

     SEC. 132. KC-135E REENGINING KITS.

       Of the amount provided in section 103(1) for procurement of 
     aircraft for the Air Force, the amount of $52,000,000 
     provided for two reengining kits for KC-135E modifications 
     shall be available for the Air Force Reserve Command.

                            Amendment No. 12

                    Offered by Mr. Camp of Michigan

       At the end of subtitle D of title VI (page 199, after line 
     10), insert the following new section:

     SEC. 643. EFFECTIVE DATE OF DISABILITY RETIREMENT FOR MEMBERS 
                   DYING IN CIVILIAN MEDICAL FACILITIES.

       (a) In General.--(1) Chapter 61 of title 10, United States 
     Code, is amended by inserting after section 1219 the 
     following new section:

     ``Sec. 1220. Members dying in civilian medical facilities: 
       authority for determination of later time of death to allow 
       disability retirement

       ``(a) Authority for Later Time-of-Death Determination To 
     Allow Disability Retirement.--In the case of a member of the 
     armed forces who dies in a civilian medical facility in a 
     State, the Secretary concerned may, solely for the purpose of 
     allowing retirement of the member under section 1201 or 1204 
     of this title and subject to subsection (b), specify a date 
     and time of death of the member later than the date and time 
     of death determined by the attending physician in that 
     civilian medical facility.
       ``(b) Limitations.--A date and time of death may be 
     determined by the Secretary concerned under subsection (a) 
     only if that date and time--
       ``(1) are consistent with the date and time of death that 
     reasonably could have been determined by an attending 
     physician in a military medical facility if the member had 
     died in a military medical facility in the same State as the 
     civilian medical facility; and
       ``(2) are not more than 48 hours later than the date and 
     time of death determined by the attending physician in the 
     civilian medical facility.
       ``(c) State Defined.--In this section, the term `State' 
     includes the District of Columbia and any Commonwealth or 
     possession of the United States.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     1219 the following new item:

``1220. Members dying in civilian medical facilities: authority for 
              determination of later time of death to allow disability 
              retirement.''.

       (b) Effective Date.--(1) Section 1220 of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to any member of the Armed Forces dying in a civilian 
     medical facility on or after January 1, 1998.
       (2) In the case of any such member dying on or after such 
     date and before the date of the enactment of this Act, any 
     specification by the Secretary concerned under such section 
     with respect to the date and time of death of such member 
     shall be made not later than 180 days after the date of the 
     enactment of this Act.

                            Amendment No. 14

                    Offered by Mr. Stenholm of Texas

       At the end of title VII (page 247, after line 9), insert 
     the following new section:

     SEC. 7__. 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.

                            Amendment No. 15

                  Offered by Ms. Velazquez of New York

       At the end of title VIII (page 263, after line 2), insert 
     the following new section:

     SEC. 8__. REQUIREMENT TO CONDUCT STUDY ON CONTRACT BUNDLING.

       (a) In General.--The Secretary of Defense shall conduct a 
     comprehensive study on the practice known as ``contract 
     bundling'' by the Department of Defense, and the effects of 
     such practice on small business concerns, economically and 
     socially disadvantaged small business concerns, and small 
     business concerns owned and controlled by women (as such 
     terms are used in the Small Business Act (15 U.S.C. 632 et 
     seq.)).
       (b) Deadline.--The Secretary shall submit the results of 
     the study to the Committees on Armed Services and Small 
     Business of the Senate and the House of Representatives 
     before submission of the budget request of the Department of 
     Defense for fiscal year 2002.
       (c) Database.--For purposes of conducting the study 
     required by this section, the Secretary shall develop, in 
     consultation with the General Accounting Office, and maintain 
     a database on all contracts of the Department of Defense 
     (excluding contracts for the procurement of weapons systems) 
     for which requirements have been bundled.

                            Amendment No. 16

                    Offered by Mr. Traficant of Ohio

       At the end of title VIII (page 263, after line 2), insert 
     the following new section:

     SEC. 8__. COMPLIANCE WITH BUY AMERICAN ACT.

       (a) Compliance With Buy American Act.--No funds authorized 
     by this Act may be expended by an entity of the Department of 
     Defense unless the entity agrees that in expending the funds 
     the entity will comply with the Buy American Act (41 U.S.C. 
     10a et seq.).
       (b) Sense of Congress Regarding Purchase of American-Made 
     Equipment and Products.--It is the sense of Congress that any 
     entity of the Department of Defense, in expending funds 
     authorized by this Act for the purchase of equipment or 
     products, should purchase only American-made equipment and 
     products.
       (c) Debarment of Persons Convicted of Fraudulent Use of 
     ``Made in America'' Labels.--If the Secretary of Defense 
     determines that a person has been convicted of intentionally 
     affixing a label bearing a ``Made in America'' inscription, 
     or another inscription with the same meaning, to any product 
     sold in or shipped to the United States that is not made in 
     the United States, the Secretary shall determine, in 
     accordance with section 2410f of title 10, United States 
     Code, whether the person should be debarred from contracting 
     with the Department of Defense.

                            Amendment No. 17

                  Offered by Mr. Bereuter of Nebraska

       Page 292, line 5, strike the closing quotation marks and 
     second period.
       Page 292, after line 5, insert the following:
       ``(f) Provisions Relating Specifically to Asia-Pacific 
     Center.--The Secretary of Defense may waive reimbursement of 
     the cost of conferences, seminars, courses of instruction, or 
     similar educational activities of the Asia-Pacific Center for 
     Security Studies for military officers and civilian officials 
     of foreign nations if the Secretary determines

[[Page 8220]]

     that attendance by such personnel without reimbursement is in 
     the national security interest of the United States. Costs 
     for which reimbursement is waived pursuant to this subsection 
     shall be paid from appropriations available for the Asia-
     Pacific Center.''.

                            Amendment No. 18

                   Offered by Mr. Coburn of Oklahoma

       At the end of subtitle A of title X (page 302, after line 
     11), insert the following new section:

     SEC. 10__.   REQUIREMENT FOR PLAN TO ENSURE COMPLIANCE WITH 
                   FINANCIAL MANAGEMENT REQUIREMENTS.

       (a) In General.--(1) The Secretary of Defense shall develop 
     a comprehensive plan to ensure compliance by the Department 
     of Defense, not later than October l, 2001, with all 
     statutory and regulatory financial management requirements 
     applicable to the Department. In developing such plan, the 
     Secretary shall give the same priority to achieving 
     compliance with statutory and regulatory financial management 
     requirements as the priority given to ensuring that the 
     computer systems of the Department would be fully functional 
     in the year 2000.
       (2) Not later than January 1, 2001, the Secretary shall 
     submit the plan required by this subsection to the Committees 
     on Armed Services, the Committees on the Budget, and the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, and the Comptroller General.
       (b) Comptroller General Report.--Not later than March 1, 
     2001, the Comptroller General shall submit to the Committees 
     on Armed Services and the Committees on the Budget of the 
     Senate and the House of Representatives, the Committee on 
     Governmental Affairs of the Senate, and the Committee on 
     Government Reform of the House of Representatives, a report 
     on the adequacy of the plan developed under subsection (a).

                            Amendment No. 19

                  Offered by Mr. Gilchrest of Maryland

       At the end of title X (page 324, after line 11), insert the 
     following new section:

     SEC. 1038. ADDITIONAL WEAPONS OF MASS DESTRUCTION CIVIL 
                   SUPPORT TEAMS.

       During fiscal year 2001, the Secretary of Defense may 
     establish up to five additional teams designated as Weapons 
     of Mass Destruction Civil Support Teams (for a total of 32 
     such teams), to the extent that sources of funding for such 
     additional teams are identified.

                          Amendment to No. 21

                    Offered by Mr. Weldon of Florida

       At the end of title X (page 324, after line 11), insert the 
     following new section:

     SEC. __. COMMISSION ON THE FUTURE OF THE UNITED STATES 
                   AEROSPACE INDUSTRY.

       (a) Establishment.--Not later than March 1, 2001, the 
     President shall establish a commission to be known as the 
     ``Commission on the Future of the United States Aerospace 
     Industry'' (in this section referred to as the 
     ``Commission'').
       (b) Duties.--The Commission shall have the following 
     duties:
       (1) To study the issues relevant to the future of the 
     United States aerospace industry with respect to the economic 
     and national security of the United States.
       (2) To assess the future importance of the United States 
     aerospace industry to the economic and national security of 
     the United States.
       (3) To evaluate the effect on the United States aerospace 
     industry of the laws, regulations, policies, and procedures 
     of the Federal Government with respect to--
       (A) the budget;
       (B) research and development;
       (C) acquisition, including financing and payment of 
     contracts;
       (D) operation and maintenance;
       (E) international trade and export of technology;
       (F) taxation; and
       (G) science and engineering education.
       (4) To study in particular detail the adequacy of projected 
     budgets of Federal agencies for--
       (A) aerospace research and development and procurement;
       (B) maintaining the national space launch infrastructure; 
     and
       (C) supporting aerospace science and engineering efforts at 
     institutions of higher education.
       (5) To consider and recommend feasible actions by the 
     Federal Government to support the ability of the United 
     States aerospace industry to remain robust into the future.
       (c) Composition.--(1) The Commission shall be composed of 
     not less than 10 and not more than 17 members appointed by 
     the President.
       (2) Each member shall be an individual with extensive 
     experience and a national reputation with respect to one or 
     more of the following:
       (A) Aerospace manufacturing.
       (B) Labor organizations associated with aerospace 
     manufacturing.
       (C) Economics or finance.
       (D) National security.
       (E) International trade or foreign policy.
       (3) Members shall serve without pay by reason of their work 
     on the Commission.
       (4) Each member shall receive travel expenses, including 
     per diem in lieu of subsistence, in accordance with sections 
     5702 and 5703 of title 5, United States Code.
       (5) The Chairperson of the Commission shall be designated 
     by the President at the time of the appointment.
       (d) Powers.--(1) A number not less than 50 percent of the 
     total number of members of the Commission shall constitute a 
     quorum but a lesser number may hold hearings.
       (2) The Commission shall meet at the call of the 
     Chairperson.
       (3) The Commission may, for the purpose of carrying out 
     this section, hold hearings, sit and act at times and places, 
     take testimony, and receive evidence as the Commission 
     considers appropriate.
       (4) Any member or agent of the Commission may, if 
     authorized by the Commission, take any action which the 
     Commission is authorized to take by this section.
       (5) The Commission may secure directly from any department 
     or agency of the United States information necessary to 
     enable it to carry out this section. Upon request of the 
     Chairperson of the Commission, the head of that department or 
     agency shall furnish that information to the Commission.
       (6) The Commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the United States.
       (7) Upon the request of the Commission, the Administrator 
     of General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section.
       (e) Director and Staff.--(1) The Chairperson shall appoint 
     and fix the pay of a Director.
       (2) The Chairperson may appoint and fix the pay of 
     additional personnel as the Chairperson considers 
     appropriate.
       (3) The Director and staff of the Commission may be 
     appointed without regard to the provisions of title 5, United 
     States Code, governing appointments in the competitive 
     service, and may be paid without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of that title 
     relating to classification and General Schedule pay rates.
       (4) With the approval of the Commission, the Chairperson 
     may procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code.
       (5) Upon request of the Chairperson, the head of any 
     Federal department or agency may detail, on a reimbursable 
     basis, any of the personnel of that department or agency to 
     the Commission to assist it in carrying out its duties under 
     this section.
       (f) Report.--Not later than March 1, 2002, the Commission 
     shall transmit a report to the Congress. The report shall 
     contain a detailed statement of the findings and conclusions 
     of the Commission, the recommendations of the Commission for 
     legislation or administrative action, and such other 
     information as the Commission considers appropriate.
       (g) Termination.--The Commission shall terminate 30 days 
     after submitting its report pursuant to subsection (f).
       (h) Funding.--Funds for activities of the Commission shall 
     be provided from amounts appropriated for the Department of 
     Defense for operation and maintenance for Defense-wide 
     activities. Upon receipt of a written certification from the 
     Chairperson of the Commission specifying the funds required 
     for the activities of the Commission, the Secretary of 
     Defense shall promptly disburse to the Commission, from such 
     amounts, the funds required by the Commission as stated in 
     such certification.

                            Amendment No. 22

                Offered by Mr. Gary Miller of California

       At the end of title X (page 324, after line 11), insert the 
     following new section:

     SEC. __. SENSE OF CONGRESS REGARDING INFORMATION TECHNOLOGY 
                   SYSTEMS.

       It is the sense of Congress that--
       (1) the Department of Defense must focus on upgrading 
     information technology systems to allow seamless and 
     interoperable communications; and
       (2) each Secretary of a military department must 
     demonstrate an unwavering commitment to achieving this goal 
     and must ensure that communications systems within the 
     active, reserve, and National Guard component of that 
     military department receive equal attention and funding for 
     information technology.

                            Amendment No. 23

                      Offered by Mr. Hall of Ohio

       At the end of title XI (page 334, after line 17), insert 
     the following new section:

     SEC. 11__. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION 
                   INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES 
                   OF THE DEPARTMENT OF THE AIR FORCE.

       (a) Separation Pay.--Section 5597 of title 5, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(i)(1) In this subsection:
       ``(A) the term `agency' means the Department of the Air 
     Force;
       ``(B) the term `employee' means an employee (as defined by 
     section 2105) who is employed by the agency, is serving under 
     an appointment without time limitation, and has been 
     currently employed for a continuous period of at least 3 
     years, but does not include--

[[Page 8221]]

       ``(i) a reemployed annuitant under subchapter III of 
     chapter 83 or chapter 84, or another retirement system for 
     employees of the agency;
       ``(ii) an employee having a disability on the basis of 
     which such employee is or would be eligible for disability 
     retirement under subchapter III of chapter 83 or chapter 84, 
     or another retirement system for employees of the agency;
       ``(iii) an employee who is in receipt of a specific notice 
     of involuntary separation for misconduct or unacceptable 
     performance;
       ``(iv) an employee who has previously received any 
     voluntary separation incentive payment by the Federal 
     Government under this section or any other authority and has 
     not repaid such payment;
       ``(v) an employee covered by statutory reemployment rights 
     who is on transfer to another organization; or
       ``(vi) any employee who, during the 24-month period 
     preceding the date of separation, has received a recruitment 
     or relocation bonus under section 5753 or who, within the 12-
     month period preceding the date of separation, received a 
     retention allowance under section 5754.
       ``(2)(A) A voluntary separation incentive payment may be 
     paid under this section by the agency to any employee to 
     maintain continuity of skills among the agency's employees or 
     to adapt the skills of the agency's workforce to the emerging 
     technologies critical to the agency's needs and goals.
       ``(B) A voluntary separation incentive payment under this 
     subsection--
       ``(i) shall be paid in a lump sum after the employee's 
     separation;
       ``(ii) shall be paid from appropriations or funds available 
     for the payment of the basic pay of the employees;
       ``(iii) shall be equal to the lesser of--
       ``(I) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c); or
       ``(II) an amount determined by the agency head not to 
     exceed $25,000;
       ``(iv) may not be made except in the case of any qualifying 
     employee who voluntarily separates (whether by retirement or 
     resignation) before December 31, 2003;
       ``(v) shall not be a basis for payment, and shall not be 
     included in the computation, of any other type of Government 
     benefit; and
       ``(vi) shall not be taken into account in determining the 
     amount of any severance pay to which the employee may be 
     entitled under section 5595 based on any other separation.
       ``(3)(A) The head of the agency, prior to obligating any 
     resources for voluntary separation incentive payments under 
     this subsection, shall submit to the House and Senate 
     Committees on Armed Services and the Committee on 
     Governmental Affairs of the Senate and the Committee on 
     Government Reform of the House of Representatives a strategic 
     plan outlining the intended use of such incentive payments 
     and a proposed organizational chart for the agency once such 
     incentive payments have been completed.
       ``(B) The agency's plan shall include--
       ``(i) any positions and functions to be reduced or 
     eliminated, identified by organizational unit, geographic 
     location, occupational category and grade level;
       ``(ii) the number and amounts of voluntary separation 
     incentive payments to be offered;
       ``(iii) the steps to be taken to maintain continuity of 
     skills among the agency's employees or to adapt the skills of 
     the agency's workforce to the emerging technologies critical 
     to the agency's needs and goals; and
       ``(iv) a description of how the agency will operate without 
     the eliminated positions and functions.
       ``(4) In addition to any other payments which it is 
     required to make under subchapter III of chapter 83 the 
     agency shall remit to the Office of Personnel Management for 
     deposit in the Treasury of the United States to the credit of 
     the Civil Service Retirement and Disability Fund an amount 
     equal to be determined in accordance with paragraph (5).
       ``(5)(A) The amount remitted to the Treasury shall be the 
     sum determined as follows. First, apply the following 
     percentages to the final basic pay of each employee who is 
     covered under subchapter III of chapter 83 or chapter 84 to 
     whom a voluntary separation incentive has been paid under 
     this section and who retires on an early retirement or an 
     immediate annuity:
       ``(i) 19 percent in the case of an employee covered under 
     subchapter III of chapter 83 who takes an early retirement; 
     or
       ``(ii) 58 percent in the case of an employee covered under 
     subchapter III of chapter 83 who takes an immediate annuity.
       ``(B) Second, the sum of the amounts determined under 
     clauses (i) and (ii) of subparagraph (A) shall be reduced, 
     but not below zero, by the sum determined by applying the 
     following percentages to the final basic pay of each employee 
     who is covered under chapter 84 to whom a voluntary 
     separation incentive has been paid under this section and who 
     resigns or retires on an early retirement or immediate 
     annuity, or an employee covered under subchapter III of 
     chapter 83 to whom a voluntary separation incentive has been 
     paid under this section and who resigns:
       ``(i) 419 percent in the case of an employee covered under 
     subchapter III of chapter 83 who resigns;
       ``(ii) 17 percent in the case of an employee covered under 
     chapter 84 who takes an early retirement;
       ``(iii) 8 percent in the case of an employee covered under 
     chapter 84 who retires on an immediate annuity; and
       ``(iv) 211 percent in the case of an employee covered under 
     chapter 84 who resigns.
       ``(6) Under regulations prescribed by the Office of 
     Personnel Management, the agency may elect to make the 
     remittances required under paragraph (4) in installments over 
     a period not to exceed 3 years. In such case, the percentages 
     to be applied under paragraph (5) shall be those determined 
     by the Office as are necessary to equalize the net present 
     value of retirement benefits payable to employees who retire 
     or resign with a separation incentive under this subsection 
     and the net present value of retirement benefits those 
     employees would have received if they had continued to work 
     and then retired or resigned at the standard rates observed 
     for the workforce.''.
       (b) Retirement Under Civil Service Retirement System.--
     Section 8336 of such title is amended by adding at the end 
     the following new subsection:
       ``(o)(1) An employee of the Department of the Air Force who 
     is separated from the service voluntarily as a result of a 
     determination described in paragraph (2) after completing 25 
     years of service or after becoming 50 years of age and 
     completing 20 years of service is entitled to an annuity.
       ``(2) A determination under this paragraph is a 
     determination by the Secretary of the Air Force that the 
     separation described in paragraph (1) is necessary for the 
     purpose of maintaining continuity of skills among employees 
     of the Department of the Air Force and adapting the skills of 
     the workforce of the Department to emerging technologies 
     critical to the needs and goals of the Department.''.
       (c) Retirement Under Federal Employees' Retirement 
     System.--Section 8414 of such title is amended by adding at 
     the end the following new subsection:
       ``(d)(1) An employee of the Department of the Air Force who 
     is separated from the service voluntarily as a result of a 
     determination described in paragraph (2) after completing 25 
     years of service or after becoming 50 years of age and 
     completing 20 years of service is entitled to an annuity.
       ``(2) A determination under this paragraph is a 
     determination by the Secretary of the Air Force that the 
     separation described in paragraph (1) is necessary for the 
     purpose of maintaining continuity of skills among employees 
     of the Department of the Air Force and adapting the skills of 
     the workforce of the Department to emerging technologies 
     critical to the needs and goals of the Department.''.
       (d) Reports.--The Secretary of the Air Force shall submit 
     annual reports to the House and Senate Committees on Armed 
     Services and the Committee on Governmental Affairs of the 
     Senate and the Committee on Government Reform of the House of 
     Representatives describing the use of the authority provided 
     in the amendments made by this section and the bases for 
     using such authority with respect to the employees chosen.
       (e) Limitation of Applicability.--The authority to provide 
     separation pay and retirement benefits under the amendments 
     made by this section--
       (1) may be exercised with respect to not more than 1000 
     civilian employees of the Department of the Air Force during 
     each calendar year; and
       (2) shall expire on December 31, 2003.

                            Amendment No. 24

                  Offered by Mr. Hunter of California

       At the end of the title XII (page 338, after line 13), 
     insert the following new section:

     SEC. 1205. NATO FAIR BURDENSHARING.

       (a) Report on Costs of Operation Allied Force.--The 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the costs to the 
     United States of the 78-day air campaign known as Operation 
     Allied Force conducted against the Federal Republic of 
     Yugoslavia during the period from March 24 through June 9, 
     1999. The report shall include the following:
       (1) The costs of ordnance expended, fuel consumed, and 
     personnel.
       (2) The estimated cost of the reduced service life of 
     United States aircraft and other systems participating in the 
     operation.
       (3) Whether and how the United States is being compensated 
     by other North Atlantic Treaty Organization member nations 
     for the costs of Operation Allied Force, including a detailed 
     accounting of the estimated monetary value of peacekeeping 
     and reconstruction activities undertaken by those member 
     nations to partially or wholly compensate the United States 
     for the costs of such operation.
       (b) Report on Cost Sharing of Future NATO Operations.--
     Whenever the North Atlantic Treaty Organization undertakes a 
     military operation with the participation of the United 
     States, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on

[[Page 8222]]

     Armed Services of the House of Representatives a report 
     describing--
       (1) how the costs of that operation are to be equitably 
     distributed among the North Atlantic Treaty Organization 
     member nations; or
       (2) if the costs of the operation are not equitably 
     distributed, but are to be borne disproportionately by the 
     United States, how the United States is to be compensated by 
     other North Atlantic Treaty Organization member nations.
       (c) Time for Submission of Report.--A report under 
     subsection (b) shall be submitted not later than 30 days 
     after the beginning of the military operation, except that 
     the Secretary of Defense may submit the report at a later 
     time if the Secretary determines that such a delay is 
     necessary to avoid an undue burden to ongoing operations.
       (d) Applicability.--Subsection (b) shall apply only with 
     respect to military operations begun after the date of the 
     enactment of this Act.

                            Amendment No. 25

                   Offered by Mr. Skelton of Missouri

       At the end of title XII (page 338, after line 13), insert 
     the following new section:

     SEC. 1205. GAO STUDY ON VALUE OF UNITED STATES MILITARY 
                   ENGAGEMENT IN EUROPE.

       (a) Comptroller General Study.--The Comptroller General 
     shall conduct a study assessing the value to the United 
     States and its national security interests gained from the 
     engagement of United States forces in Europe and from 
     military strategies used to shape the international security 
     environment in Europe.
       (b) Matters To Be Included.--The study shall include an 
     assessment of the following matters:
       (1) The value to United States security interests from 
     having forces stationed in Europe and assigned to areas of 
     regional conflict such as Bosnia and Kosovo.
       (2) The value in sharing the risks, responsibilities, and 
     costs of deploying United States forces with the forces of 
     European allies.
       (3) The costs associated with stationing United States 
     forces in Europe and with assigning them to areas of regional 
     conflict.
       (4) The value of the following kinds of contributions made 
     by European allies:
       (A) Financial contributions.
       (B) Contributions of military personnel and units.
       (C) Contributions of nonmilitary personnel, such as medical 
     personnel, police officers, judicial officers, and other 
     civic officials.
       (D) Contributions in kind that may be used for 
     infrastructure building or activities that contribute to 
     regional stability, whether in lieu of or in addition to 
     military-related contributions.
       (5) The value of a forward United States military presence 
     in compensating for existing shortfalls of air and sea lift 
     capability in the event of further regional conflict in 
     Europe or the Middle East.
       (6) The value of humanitarian and reconstruction assistance 
     provided by European countries and by the United States in 
     maintaining or improving regional stability.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study to the Committees on Armed 
     Services of the Senate and House of Representatives not later 
     than March 1, 2001.

                            Amendment No. 26

                   Offered by Mrs. Fowler of Florida

       At the end of title XII (page 338, after line 13), insert 
     the following new section:

     SEC. 1205. SENSE OF CONGRESS REGARDING NONCOMPLIANCE WITH LAW 
                   REGARDING OVERSIGHT OF COMMUNIST CHINESE 
                   MILITARY COMPANIES OPERATING IN THE UNITED 
                   STATES.

       It is the sense of Congress that the Secretary of Defense 
     has not complied with the requirements of section 1237(b) of 
     the Strom Thurmond National Defense Authorization for Fiscal 
     Year 1999 (50 U.S.C. 1701 note) to publish and update a list 
     of Communist Chinese military companies operating in the 
     United States. Congress expects that the Secretary, working 
     with such other executive branch officials as necessary to 
     comply fully with such section, will immediately comply with 
     the provisions of that section. Furthermore, Congress notes 
     that any requirement to assess information within the purview 
     of other Federal departments and agencies in order to comply 
     with that section was expressly anticipated by the 
     requirement for interagency consultation provided in 
     paragraph (3) of that section and that such consultation 
     process ought to have been completed well before the mid-
     January 1999 deadline specified for the initial publication 
     under that section.

                            Amendment No. 28

                     Offered by Mr. Ryun of Kansas

       At the end of part I of subtitle C of title XXVIII (page 
     412, after line 24), insert the following new section:

     SEC. __. LAND CONVEYANCE, FORT RILEY MILITARY RESERVATION, 
                   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) 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 of the Army and the Director of the Kansas 
     Commission on Veterans Affairs.
       (c) Exception From Screening Requirement.--The Secretary 
     may make the conveyance required by subsection (a) without 
     regard to the requirement under section 2696 of title 10, 
     United States Code, that the property be screened for further 
     Federal use in accordance with the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       (d) Conditions of Conveyance.--The conveyance required by 
     subsection (a) shall be subject to the conditions that--
       (1) the State of Kansas use the property conveyed solely 
     for purposes of establishing and maintaining a State-operated 
     veterans cemetery; and
       (2) all costs associated with the conveyance, including the 
     cost of relocating water and electric utilities should such 
     relocation be determined necessary based on the survey 
     described in subsection (b), shall be borne by the State of 
     Kansas.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance required by subsection (a) as 
     the Secretary of the Army determines appropriate to protect 
     the interests of the United States.

                            Amendment No. 29

                   Offered by Mr. Baird of Washington

       At the end of subtitle A of title XXVIII (page 412, after 
     line 24), insert the following new section:

     SEC. 2840. LAND CONVEYANCES, FORT VANCOUVER BARRACKS, 
                   VANCOUVER, WASHINGTON.

       (a) Conveyance of West Barracks.--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 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) Conveyance of East Barracks.--Upon vacation, or 
     agreement to vacate, by the Army Reserve and the Army 
     National Guard of the parcel of real property at Vancouver 
     Barracks encompassing 10 structures, which are identified by 
     the Army using numbers between 704 and 786 and the numbers 
     987, 989, 991, and 993, and are known as the east barracks, 
     the Secretary may convey, without consideration, to the City 
     all right, title, and interest of the United States in and to 
     the parcel.
       (c) Modification and Conveyance of Reversionary Interest.--
     (1) The Secretary may modify the reversionary interest that 
     was retained by the United States when a parcel of real 
     property at Vancouver Barracks was conveyed to the Washington 
     State Department of Transportation to remove the condition 
     that the real property be used only for highway-related 
     purposes.
       (2) The Secretary may convey, without consideration, to the 
     City the reversionary interest referred to in paragraph (1), 
     modified as provided by such paragraph. Upon conveyance, the 
     Secretary shall execute and file in the appropriate office an 
     amended deed or other appropriate instrument effectuating the 
     modification and conveyance of the reversionary interest.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property authorized to be conveyed 
     under subsections (a) and (b) shall be determined by surveys 
     satisfactory to the Secretary of the Army. The cost of any 
     such survey shall be borne by the City.
       (e) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with a conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

                            Amendment No. 30

                   Offered by Mr. Hefley of Colorado

       At the end of part III of subtitle C of title XXVIII (page 
     430, after line 15), insert the following new section:

     SEC. __. LAND CONVEYANCE, LOWRY AIR FORCE BASE, COLORADO.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey, without consideration, or lease upon such terms 
     as the Secretary considers appropriate, to the Lowry 
     Redevelopment Authority (in this section referred to as the 
     ``Authority'') all right, title, and interest of the United 
     States in and to seven parcels of real property, including 
     improvements thereon, consisting of

[[Page 8223]]

     approximately 23 acres at the former Lowry Air Force Base, 
     Colorado, for the purpose of permitting the Authority to use 
     the property in furtherance of economic development and other 
     public purposes.
       (b) Description of Property.--The exact acreage and legal 
     description of real property to be conveyed or leased under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The cost of the survey shall be borne by 
     the Authority.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance or lease under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

                            Amendment No. 31

                 Offered by Mr. Hastings of Washington

       In section 3131 of the bill (page 462, lines 4 through 6), 
     amend the heading of such section to read as follows:

     SEC. 3131. FUNDING FOR TERMINATION COSTS FOR RIVER PROTECTION 
                   PROJECT, RICHLAND, WASHINGTON.

       In section 3131 of the bill (page 462, lines 9 through 11), 
     strike ``relating to'' and all that follows through 
     ``Richland, Washington'' and insert the following: ``relating 
     to the River Protection Project, Richland, Washington (as 
     designated by section 3135)''.
       At the end of title XXXI (page 467, after line 11), insert 
     the following new section:

     SEC. 3135. DESIGNATION OF RIVER PROTECTION PROJECT, RICHLAND, 
                   WASHINGTON.

       The tank waste remediation system environmental project, 
     Richland, Washington, shall be known and designated as the 
     ``River Protection Project''. Any reference to that project 
     in any law, regulation, map, document, record, or other paper 
     of the United States shall be considered to be a reference to 
     the River Protection Project.

                            Amendment No. 32

                 Offered by Mr. Hayes of North Carolina

       At the end of title XXXI (page 467, after line 12), insert 
     the following new section:

     SEC. 3135. ADJUSTMENT OF COMPOSITE THEORETICAL PERFORMANCE 
                   LEVELS FOR POST-SHIPMENT VERIFICATION REPORTS 
                   ON ADVANCED SUPERCOMPUTERS SALES TO CERTAIN 
                   FOREIGN NATIONS.

       Section 3157 of the National Defense Authorization Act for 
     Fiscal Year 1998 (50 U.S.C. App. 2404 note) is amended by 
     adding at the end the following new subsection:
       ``(e) Adjustment of Performance Levels.--Whenever a new 
     composite theoretical performance level is established under 
     section 1211(d), that level shall apply for the purposes of 
     subsection (a) of this section in lieu of the level set forth 
     in subsection (a).''.

                            Amendment No. 33

                    Offered by Mr. Udall of Colorado

       At the end of title XXXI (page 467, after line 11), insert 
     the following new section:

     SEC. __. 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 30 percent, of the employee's rate of basic 
     pay.
       (e) Agreement.--An eligible employee of the Department of 
     Energy provided an incentive 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.
       (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) 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) Authority With Respect to Health Coverage.--Section 
     8905a(d)(5)(A) of title 5, United States Code (as added by 
     section 1106 of the Veterans Millennium Health Care and 
     Benefits Act (Public Law 106-117; 113 Stat. 1598)), is 
     amended by inserting after ``readjustment'' the following: 
     ``, or a voluntary or involuntary separation from a 
     Department of Energy position at 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)''.
       (i) Authority With Respect to Voluntary Separations.--(1) 
     The Secretary of Energy may--
       (A) separate from service any employee at 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) who volunteers to be separated under this subparagraph 
     even though the employee is not otherwise subject to 
     separation due to a reduction in force; and
       (B) for each employee voluntarily separated under 
     subparagraph (A), retain an employee in a similar position 
     who would otherwise be separated due to a reduction in force.
       (2) The separation of an employee under paragraph (1)(A) 
     shall be treated as an involuntary separation due to a 
     reduction in force.
       (3) An employee with critical knowledge and skills (as 
     defined by the Secretary) may not participate in a voluntary 
     separation under paragraph (1)(A) if the Secretary determines 
     that such participation would impair the performance of the 
     mission of the Department of Energy.

                            Amendment No. 34

                    Offered by Mr. Lampson of Texas

       At the end of title XXXIV (page 474, after line 8), add the 
     following new section:

     SEC. 3404. AUTHORITY TO CONVEY OFFSHORE DRILL RIG OCEAN STAR.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of Transportation (referred 
     to in this section as the ``Secretary'') may, without 
     consideration, convey all right, title, and interest of the 
     United States Government in and to the offshore drill rig 
     OCEAN STAR, to the Offshore Rig Museum, Inc., a nonprofit 
     corporation established under the laws of the State of Texas 
     and doing business as the Offshore Energy Center (in this 
     section referred to as ``the recipient'').
       (2) Release of associated interests.--As part of the 
     conveyance, the Secretary shall release any encumbrance and 
     forgive any promissory note or loan held by the United States 
     with respect to the drill rig.
       (b) Conditions.--Any conveyance, release, or forgiveness 
     under subsection (a) shall be subject to the following 
     conditions:
       (1) The recipient must have at least 3 consecutive years 
     experience in operating a drill rig as a nonprofit museum.
       (2) Before the effective date of the conveyance, release, 
     and forgiveness, the recipient must agree--

[[Page 8224]]

       (A) to continue to use the drill rig as part of a museum to 
     demonstrate to the public the recovery of offshore energy 
     resources;
       (B) to make the drill rig available to the Government if 
     the Secretary requires use of the drill rig for a national 
     emergency;
       (C) that if the recipient no longer requires the drill rig 
     for use as a museum dedicated to demonstrating to the public 
     the recovery of offshore energy resources, the recipient 
     shall, at the discretion of the Secretary, convey the drill 
     rig to the Government; and
       (D) to any other conditions the Secretary considers 
     appropriate.
       (3) The drill rig may not be used for commercial 
     transportation or commercial drilling and production of 
     offshore energy resources.

                            Amendment No. 35

                   Offered by Mr. Bryant of Tennessee

       Strike section 554 (page 148, line 20, and all that follows 
     through page 149, line 12) and insert the following:

     SEC. 554. CLARIFICATION AND REAFFIRMATION OF THE INTENT OF 
                   CONGRESS REGARDING THE COURT-MARTIAL SENTENCE 
                   OF CONFINEMENT FOR LIFE WITHOUT ELIGIBILITY FOR 
                   PAROLE.

       (a) Clarification of Effect of Sentence.--(1) Section 
     856a(b) of title 10, United States Code (article 56a of the 
     Uniform Code of Military Justice), is amended--
       (1) by striking ``unless--'' and inserting ``unless the 
     sentence (or a portion of the sentence including that part of 
     the sentence providing for confinement for life without 
     eligibility for parole)--'';
       (2) by striking paragraph (1) and inserting the following:
       ``(1) is set aside or otherwise modified as a result of--
       ``(A) action taken under section 860 of this title (article 
     60) by the convening authority or another person authorized 
     to act under that section; or
       ``(B) any other action taken during post-trial procedure 
     and review under any other provision of subchapter IX;
       (3) in paragraph (2), by striking ``the sentence''; and
       (4) by striking paragraph (3) and inserting the following:
       ``(3) a reprieve or pardon by the President.''.
       (b) Officers Sentenced to Dismissal.--Subsection (b) of 
     section 871 of such title (article 71) is amended by 
     inserting after the second sentence the following new 
     sentence: ``However, if the sentence extends to confinement 
     for life without eligibility for parole, that part of the 
     sentence providing for confinement for life without 
     eligibility for parole may not be commuted, remitted, or 
     suspended.''.
       (c) Action By Convening Authority After Sentence Ordered 
     Executed.--Subsection (d) of that section is amended by 
     adding at the end the following new sentence: ``In the case 
     of a sentence that extends to confinement for life without 
     eligibility for parole, that part of the sentence extending 
     to confinement for life without eligibility for parole may 
     not be suspended after it is ordered executed.''.
       (d) Secretarial Authority To Remit or Suspend Sentence.--
     Section 874(a) of such title (article 74(a)) is amended by 
     inserting before the period at the end the following: ``or, 
     in the case of a sentence that extends to confinement for 
     life without eligibility for parole, that part of the 
     sentence that extends to confinement for life without 
     eligibility for parole''.
       (e) Parole.--Section 952 of that title is amended by adding 
     at the end the following new subsection:
       ``(c) Parole may not be granted for an offender serving a 
     sentence of confinement for life without eligibility for 
     parole.''.
       (f) Remission or Suspension of Sentence.--Section 953 of 
     such title is amended by inserting in paragraph (1) after 
     ``selected offenders'' the following: ``other than offenders 
     serving a sentence of confinement for life without 
     eligibility for parole''.

  Mr. SPENCE (during the reading). Mr. Chairman, I ask unanimous 
consent that the modifications be considered as read and printed in the 
Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from South Carolina?
  There was no objection.
  The CHAIRMAN pro tempore. Pursuant to House Resolution 503, the 
gentleman from South Carolina (Mr. Spence) and the gentleman from 
Missouri (Mr. Skelton) each will control 20 minutes.
  The Chair recognizes the gentleman from South Carolina (Mr. Spence).
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Louisiana (Mr. Vitter) for the purposes of a colloquy.
  Mr. VITTER. Mr. Chairman, I would like to discuss with the gentleman 
from Virginia (Mr. Bateman) whether the committee was able to consider 
the issue of the Information Technology Center located in New Orleans, 
Louisiana.
  Mr. BATEMAN. Mr. Chairman, will the gentleman yield?
  Mr. VITTER. I yield to the gentleman from Virginia.
  Mr. BATEMAN. Mr. Chairman, the mission of the Information Technology 
Center has recently been brought to my attention. This Center plays an 
important role in the development of information technology systems for 
the Navy and for the Department of Defense. For the last several years, 
the committee has been urging the Department of Defense to move away 
from military service specific, or stovepipe computer systems. The 
Information Technology Center, or ITC, is an example of new and 
innovative thinking on the part of the Navy.
  Currently, ITC is examining military personnel information technology 
systems and is bringing an enterprise-wide approach to the development 
of Navy Systems Integrated Personnel Systems as well as the Defense 
Integrated Military Human Resources Systems. These major undertakings 
require innovative acquisition techniques, modular contracting, 
commercial off-the-shelf technology, as well as the consolidation and 
integration of existing manpower and personnel information systems.
  I understand that to assist the Navy in proceeding with this 
worthwhile project additional funding is required. Unfortunately, no 
funds were authorized in the bill before us. It is my understanding 
that the other body has recognized the importance of ITC and has 
included additional funding.
  I would say to the gentleman from Louisiana that I will do everything 
I can to ensure that the conference committee on this bill endorses 
this important program.
  Mr. VITTER. Reclaiming my time, Mr. Chairman, I thank the gentleman 
very much, and I also want to pass along the thanks of the gentleman 
from Louisiana (Mr. Tauzin) and that of the gentleman from Louisiana 
(Mr. Jefferson). We all appreciate the gentleman's speaking on behalf 
of the Information Technology Center and pledging his support, and we 
all look forward to working with him and other members of the 
committee.

                              {time}  1715

  Mr. SKELTON. Mr. Chairman, I yield 5 minutes to the gentlewoman from 
New York (Ms. Velazquez).
  Ms. VELAZQUEZ. Mr. Chairman, I rise today to offer an amendment in 
cooperation with the gentleman from Missouri (Chairman Talent) to 
protect and support our Nation's small businesses.
  Mr. Chairman, we all talk about what a strong economy we have; and no 
one disputes the fact that small businesses are, in large part, 
responsible for this. It is almost cliche to say that small businesses 
are the backbone not just of our economy, but they also help to form 
the foundation of the cities and towns we call home.
  America looks to small businesses to be the innovators and problem 
solvers everywhere, everywhere except in the case of the Federal 
Government. We are currently seeing a disturbing downward trend in the 
number of Federal prime contracts awarded to small businesses.
  As an example, from fiscal year 1997 through fiscal year 1999 the 
number of prime contracts awarded to small businesses by the Department 
of Defense has decreased by over 34 percent; the number of contracts 
awarded to minority-owned firms has decreased by over 25 percent; and 
most dramatically, the number of contracts awarded to woman-owned 
businesses have decreased by over 38 percent.
  These trends have been so alarming that the gentleman from Missouri 
(Chairman Talent) and I have held two hearings on this issue in the 
first half of this Congress alone. During these hearings, we have found 
that the move by the Federal Government to streamline and reduce costs 
has resulted not in saving money, but in the unintended consequence of 
harming small businesses.
  There is no truth, as far as businesses are concerned, that bigger is 
necessarily better. The Department of Defense, the largest purchaser of 
goods

[[Page 8225]]

and services in the entire U.S. Government, has increasingly relied on 
the practice of contract bundling to the exclusion of small businesses. 
It has struggled with the dual roles of supporting the war fighter and 
awarding prime contracts to small businesses.
  To solve this problem, the Velazquez-Talent amendment will direct the 
Secretary to conduct a comprehensive study of contract bundling and its 
effect on small businesses. To assist in this study, the Secretary, 
working with the General Accounting Office, is to develop a database 
containing information on all bundled contracts.
  In a hearing before the Committee on Small Business in November of 
last year, the Department agreed to commission a study of contract 
bundling. Within 2 months it became evident that the Department has no 
data to conduct an accurate and comprehensive bundling study. This 
amendment helps the Department keep its promise.
  Mr. Chairman, we are all aware that Federal agencies are operating in 
a do-more-with-less environment. We must ensure that the Federal 
marketplace is efficient. However, we must also provide for a Federal 
marketplace that includes the small business community. This amendment 
will go a long way to begin to level the playing field for small 
businesses.
  I would like to thank the gentleman from South Carolina (Chairman 
Spence) and the gentleman from Missouri (Mr. Skelton), the ranking 
Democratic member, for their support of this amendment and our Nation's 
small businesses.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would like to speak very briefly on an amendment that 
is en bloc that I have offered, No. 25, which requests a GAO study of 
the value of the United States' military engagement in Europe.
  Mr. Chairman, much has been said about burdensharing. Much has been 
said about American interests and troops being stationed in Europe. In 
an effort to understand where we are today, were we to look back in 
history, and had American and allied forces formed together as we have 
today in the NATO alliance, the Second World War would never have come 
to pass.
  I think that a full study explaining the definitions and all the 
ramifications and include our Armed Forces and our strategies and the 
attempt to shape the international environment, a study such as this 
should be included.
  I urge the adoption of the en block, which, of course, includes No. 
25.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Buyer) for the purposes of a colloquy.
  Mr. BUYER. Mr. Chairman, I speak in reference to Amendment No. 11 
that makes technical corrections regarding the Army National Guard 
Selective Reserve, the Active Guard and Reserve, which are referred to 
as the AGR and the dual status military technicians regarding the end 
strengths for fiscal year 2001. Those technical corrections will be 
made.
  I would like to enter into a colloquy with the gentleman from 
California (Mr. Hunter), chairman of the Subcommittee on Military 
Procurement.
  As co-chair of the Guard and Reserve Caucus, along with the gentleman 
from Mississippi (Mr. Taylor), the chairman of the committee, along 
with the ranking member and the gentleman from California (Mr. Hunter) 
it permits the caucus to work with Members to put together their 
concerns regarding funding the Reserve excepts along with the Guard. 
They permit us to put together these packages and then deliver to their 
committee.
  We extend to our colleagues great compliments for accepting the first 
$250 million of the NGRE list. NGRE stands for the National Guard 
Reserve Equipment List. We worked very hard this year, working with the 
committee, to address the proportionality questions.
  In this amendment, we have a technical correction with regard to what 
came out of the full committee regarding some of the funding, whether 
it was $52 million that goes directly to the Air Guard or was that 
really meant for the Army Reserve.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. BUYER. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I want to thank the gentleman, first for 
working with us here on the floor, but, secondly, for chairing this 
caucus, along with the gentleman from Mississippi (Mr. Taylor), who 
have put in a lot of long hours working with the Guard and the Reserve 
trying to develop requirements and ultimately coming up with 
recommendations for the Subcommittee for Military Procurement.
  Let me tell my colleagues what we worked for this year. We worked for 
parity. We did not have a lot of money. We had right at $300 million to 
spend on Guard and Reserve elements. The request we got from the 
gentleman and lots of our colleagues was let us have parity, let us 
have an even distribution of this money between the Guard and the 
Reserve, let us not have it all for the Guard or the Reserve.
  I agreed to do that. I gave my word on it. And the gentleman put 
together, along with the gentleman from Mississippi (Mr. Taylor), a 
package of $250 million. We added the $50 million that we had available 
to that. So we came to a total of about $300 million.
  We split it down the middle. In fact, we gave a little bit more to 
the Guard, about $158 million to the Guard, $153 million to the 
Reserve, but right down the middle between the two.
  When we were putting the elements together in putting our bill 
together, our office made a mistake and we put the KC-135 reengining 
kits on the Guard side even though we had them in the reserve side when 
we put the bill together. That would have made the bill very lopsided 
for the Guard. It would have then gone to $218 million for the Guard, 
only $93 million to the Reserve.
  I represented to the committee and to the subcommittee and to the 
gentleman that we were doing an even split. I gave him my word. And, of 
course, when we tell somebody that we are going to do something and we 
have a very thick bill, the gentleman from Indiana (Mr. Buyer) relied 
on my giving him that representation.
  So, in this technical amendment, we are moving that item, the KC-135 
reengining, the $52 million, back into the air reserve account, which 
is where we started out.
  Mr. BUYER. Mr. Chairman, reclaiming my time, as I understand, that is 
two KC-135 engine kits at $52 million.
  Mr. HUNTER. Mr. Chairman, if the gentleman will continue to yield, 
that is right. It is two KC-135 reengining kits. So if some folks that 
thought they were going to get those and not are not going to get them, 
give me a phone call. Our office made a mistake on that. We put the 
items in the wrong column. But we fixed it now.
  For people who are proponents of both the Guard and Reserve, what we 
did again this year was try to give parity. We tried to give an even 
split on the few dollars that we have. We have lots more requirements. 
We are going to have to wait for another budget to get to those.
  Mr. BUYER. Mr. Chairman, reclaiming my time, I want to thank the 
gentleman from California (Mr. Hunter) again for working with us. He is 
absolutely correct with regard to parity. We have enjoyed our working 
relationship with the Guard and Reserve components. I look forward to 
working with the gentleman in conference.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Indiana (Mr. Hill).
  Mr. HILL of Indiana. Mr. Chairman, I rise in support of this en block 
package and urge my colleagues to support it as well.
  This package includes a couple of amendments that will help free up 
money for economic development in towns with old military 
installations. All communities should be able to use closed facilities 
as engines of economic growth. This is simply a matter of fairness.
  I, too, have a closed military installation in my district. It is 
called the Indiana Army Ammunition Plant.
  Unfortunately, under current law, some communities that lose military

[[Page 8226]]

installations are treated differently than others.
  Yesterday, I testified before the Committee on Rules about an 
amendment that I believe levels the playing field. My amendment would 
authorize the Secretary of Defense to convey former military 
installations in property communities free of charge. Of course, I hope 
that my amendment will be made in order. But I am pleased that we are 
helping the communities in this bill, and I urge my colleagues to 
support it.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  Mr. SPENCE. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Washington (Mr. Hastings) for the purpose of a colloquy.
  Mr. HASTINGS of Washington. Mr. Chairman, I want to thank the 
chairman for including my amendment regarding the Office of River 
Protection in the en bloc amendment.
  Mr. Chairman, I thank the gentleman from South Carolina (Mr. Spence) 
for yielding me the time.
  Mr. Chairman, as the gentleman from California (Mr. Hunter) is aware, 
the Office of River Protection at the Hanford site in my district is 
currently engaged in the world's largest and most pressing 
environmental cleanup project.
  I would like to first thank the gentleman for his leadership on this 
project through the creation of the Office of River Protection in the 
Fiscal Year 1999 National Defense Authorization Act.
  As the gentleman is aware, the Office of River Protection was created 
to manage the retrieval and treatment of waste at Hanford by removing 
the many layers of bureaucracy that impede cleanup and transfer 
authority back to the site. This model has proven itself to be an 
effective initiative because local experts have the knowledge and the 
authority to ensure the timely treatment of this waste.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. HASTINGS of Washington. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, the gentleman is correct to point out the 
very excellent model that was created by his amendment to transfer 
authority back to the site. Since its inception, the Office of River 
Protection has effectively managed the complex problems without layers 
of bureaucracy that very often stymie what we are looking for, and that 
is cleanup.
  I am committed to the success of the Office of River Protection and 
congressional intent that the manager of the Office report directly to 
the Assistant Secretary for Environmental Management.
  I would also like to commend the gentleman from Washington (Mr. 
Hastings) on his tireless efforts on behalf of his constituents 
impacted by the Hanford site. The committee values his input on how 
best to proceed with this cleanup project.
  If I might, also, I just want to thank the chairman of the full 
committee, too, for his support in passing the football off to us and 
letting us run with it and put together the best program we could. That 
is kind of the trademark of the gentleman from South Carolina (Mr. 
Spence), whose quiet strength has led us through this markup and floor 
process. But I thank the gentleman for everything he has done.
  There has been a lot of confusion at Hanford with the contractor that 
is now leaving rather abruptly from this project. There is some 
confusion in the Department of Energy. But there is one guy whose 
steady hand on the helm of this ship has been moving it steadily 
forward and will continue to move the Hanford site forward to 
successful cleanup, and that is the gentleman from Washington (Mr. 
Hastings). I thank the gentleman for what he is doing.
  Mr. HASTINGS of Washington. Mr. Chairman, I, too, want to thank the 
chairman for his work on this.
  Mr. Chairman, as my colleagues know, under the President's fiscal 
year 2000 budget request, the privatization account that we were 
alluding to at Hanford would receive $450 million. However, due to the 
recent developments that the gentleman mentioned with the lead 
contractor, privatization, unfortunately, is no longer a viable option 
at this time.
  In light of these developments, the Department of Energy has 
identified a new path forward to ensure the timely cleanup of the 
waste. As a result of this new path forward, the Department identified 
and updated funding requirement of $370 million for fiscal year 2001 to 
fully fund the necessary design and long-lead procurement to keep the 
project on schedule.
  Mr. Chairman, I ask the gentleman from California (Chairman Hunter) 
whether he concurs with this.
  Mr. HUNTER. Mr. Chairman, if the gentleman would continue to yield, 
yes. Over the last 2 weeks, largely as a result of his leadership, the 
Department of Energy has identified a need of $370 million in required 
work to keep the project on schedule in fiscal year 2001.

                              {time}  1730

  What the gentleman from Washington basically asked us to do was to 
keep this thing going and make sure that the design and engineering 
work continued, that the procurement that was necessary was allowed to 
take place and that we had a contingency fund available so that we 
could keep the project moving forward and keep the commitments that the 
Federal Government has made to Washington State. As a result of the 
gentleman's leadership and direction, we put those numbers together and 
indeed did come up with the $370 million requirement that is going to 
be needed to keep the project going for the next 12 months.
  Mr. HASTINGS of Washington. I thank the gentleman for his remarks. 
This issue is not confined just to my district in central Washington. 
In fact it is the whole Pacific Northwest. I would like to ask the 
gentleman if he will continue to work on the fiscal year 2001 funding 
level when we go to conference with the other body for the necessary 
$370 million of design and long-lead procurement needs for this 
project.
  Mr. HUNTER. If the gentleman will continue to yield, absolutely we 
will continue to press for that figure, make sure that that amount of 
money is available. As the gentleman knows, there is money that is in 
the first $491 million that was a tranche of money that was approved 
initially for the BNFL contractor and that contract is now no longer 
with us. So there is some question in DOE as to how much is carryover 
and how much is not carryover, but we do agree because of the 
gentleman's leadership that $370 million is needed. I will work in the 
conference to make sure that we get that.
  As the gentleman knows, the Department is currently unable to give us 
a firm funding requirement for 2001 due to the fact that they have 
ongoing contract negotiations right now that resulted from this new 
path that they are taking. I just want to assure the gentleman I will 
continue to work with him in conference and we will make sure that we 
fully fund that $370 million required for this work. So under the 
steady leadership of the gentleman from Washington, these other 
problems notwithstanding, we are going to continue to move the Hanford 
cleanup forward.
  Mr. HASTINGS of Washington. I thank the gentleman for that 
commitment.
  Finally, Mr. Chairman, section 3131 of the legislation provides a 
waiver of the requirement to accumulate a reserve for termination 
liability funding. Will the gentleman work with my office and with the 
Department of Energy in conference to assure that this section is 
clarified to meet the needs that we are talking about within the River 
Protection Project in the future?
  Mr. HUNTER. I will be very happy to work with the gentleman on this 
issue and make sure the section is carried out as intended. Again, the 
gentleman from Washington's guidance and advice is very important to 
our committee and our subcommittee. We thank him for his leadership on 
this issue.
  Mr. HASTINGS of Washington. I thank the gentleman very much for his 
commitment. I thank the chairman for his commitment, also, on that. 
Their

[[Page 8227]]

assurances to my constituents in central Washington and to all of us in 
the Pacific Northwest that the final legislation will contain full 
funding that has been identified for the work required this year is 
appreciated.
  Mr. SPENCE. Mr. Chairman, I yield myself such time as I may consume.
  For the benefit of those who do not understand the purpose of the en 
bloc amendments, I might briefly explain that we had about 101 
amendments offered to our bill. Many of these were noncontroversial, 
did not require a vote, and so we put them into the en bloc category. 
Others, we offered some suggestions as to how they could amend their 
amendment and they were accepted and we were able then to accept these 
without controversy and without vote, all of this with consultation 
with our ranking member the gentleman from Missouri. This has been 
agreed upon by both sides.
  Mr. HINOJOSA. Mr. Chairman, I am in strong support of the amendment 
to H.R. 4205 offered by the Ranking Minority Member on the Committee on 
Small Business, Nydia Velazquez. It has come to my attention, as a 
member of the Committee on Small Business, that the Department of 
Defense, to the exclusion of the growing number of small business 
owners in our nation, has relied on the practice of contract bundling. 
Furthermore, the Department has no objective criteria to justify the 
use of this mechanism. The result of this bundling is nothing less than 
devastating to small business, and additionally translates into higher 
costs to taxpayers due to the decreased competition.
  The amendment offered by Ms. Velazquez expands the contract bundling 
study proposed in H.R. 4205 to require a Department-wide study on 
contract bundling. It further requires the Department to develop with 
GAO a database to monitor the effects of contract bundling. I am 
confident that this amendment will assist small business in combating 
the many problems relating to contract bundling.
  Mr. BEREUTER. Mr. Chairman, this Member rises in strong support of 
the enbloc amendment to H.R. 4205, and in particular thanks to the 
Chairman for incorporating this Member's amendment addressing the Asia-
Pacific Center for Security Studies.
  H.R. 4205 authorizes the Secretary of Defense to operate regional 
centers for security studies. Among those centers are the Marshall 
Center in Garmish, Germany, and the Asia-Pacific Center in Hawaii.
  H.R. 4205 provides the Marshall Center with a waiver authority for 
reimbursement of the costs of conferences, seminars, courses or 
instruction, or similar educational activities for certain military 
officers and civilian officials within the European theater. It does 
not provide such a waiver authority for military officers and civilian 
officials in the Asia-Pacific region.
  Countries in the Asia-Pacific region, even perhaps more than those in 
Europe, represent the entire economic spectrum. Many countries in the 
Asia-Pacific region that would greatly benefit from such education can 
not afford to send their officers or civilian officials. Bangladesh 
comes to mind, a country that provides peacekeepers as a major source 
of revenue can not afford to send their military officers or civilian 
officials to the Center where they would be exposed to our way of 
integrated security. We lose a national security objective by not being 
able to interact with these officers or civilian officials in an 
educational open forum. It is important that all our allies, regardless 
of their economic ability to do so, can attend and interact with not 
only our own forces, but with our other allies and friendly countries.
  This Member would observe there is no mandated additional costs 
associated with this amendment. While the Secretary has the authority 
to waive these costs, as such, the costs must be absorbed within the 
Centers' budget. It provides for a management decision by the 
Secretary, not a budgetary burden on the American taxpayers.
  It is important to stress here that countries that are prohibited by 
statute from receiving assistance funds will not be allowed to attend 
the Asia-Pacific Center. Military personnel of Cambodia and Burma, for 
instance, where direct government-to-government assistance of any kind 
is prohibited, would not be allowed to attend, much less receive any 
such waiver. Military personnel of the People's Republic of China, 
under the Tiananmen sanctions would not be allowed to attend. There are 
real safeguards in place to ensure such countries do not have the 
opportunity to attend the Center.
  Mr. Chairman, this Member urges adoption of the Managers En Bloc 
amendment.
  Mr. HALL of Ohio. Mr. Chairman, I rise in support of the Hall-Hobson 
amendment offered as part of the Chairman's en bloc amendment. The 
amendment creates a 3-year program permitting the Air Force to offer 
early outs and retirement incentives of up to $25,000 for as many as 
1,000 civilian employees each year for the purpose of maintaining 
continuity of skills among employees and to hire workers with 
critically needed technical skills. The early out and retirement 
incentive authority established in this amendment is similar to the 
authority already in the law for personnel reductions.
  As The Washington Post pointed out in a week-long series last week, 
the Federal work force faces a crises. In the next five years, more 
than 50 percent of civil servants will be eligible to retire. The 
situation is even worse in the Department of Defense, where that figure 
is almost 60 percent. Unless personnel practices are changed, the 
Pentagon will lurch from a predominantly senior work force to one that 
is largely inexperienced.
  At the same time, rapid advances in defense-related technology make 
it more critical now than ever before to maintain a defense work force 
with cutting edge technological skills.
  Unfortunately, existing personnel laws do not give Defense Department 
managers the flexibility they need to keep up with rapidly changing 
personnel needs, especially in the scientific and technical fields. 
After more than ten years of much needed draw down and virtually no new 
hiring, the military services have been stymied in their efforts to 
acquire such personnel.
  This problem is particularly acute for the Air Force because of its 
historically heavy reliance on science and technology. The preservation 
and advancement of our Air Force's high tech advantage is particularly 
important as new and uncertain threats to our country develop. Solving 
this problem is the Air Force's top civilian work force priority.
  Moreover, this experimental pilot program will provide valuable 
information that can be used to address similar work force problems in 
the other services and non-defense federal agencies.
  The amendment I seek to offer is similar to an amendment Mr. Hobson 
offered last year to the National Defense Authorization Act which was 
adopted by the House, but which was not accepted in conference.
  It is my intention that the Air Force will use the personnel slots 
created under the authority of this amendment to hire new workers and 
that the authority will not be used to reduce overall levels of 
civilian employment.
  I thank the Chairman of the Armed Services Committee, Mr. Spence, and 
the ranking minority member, Mr. Skelton, for their support of my 
amendment. I also thank Mr. Scarborough, chairman of the Subcommittee 
on Civil Service, and Mr. Cummings, the ranking minority member, as 
well as their staffs, for their assistance.
  And finally, I offer a special thanks to the amendment's cosponsor, 
Mr. Hobson, and to his staff, for their critical help.
  Mr. RYUN of Kansas. Mr. Chairman, I rise today in support of H.R. 
4205, the Fiscal Year 2001 National Defense Authorization Act.
  I would like to thank Chairman Spence and Chairman Hefley for 
including my amendment as part of the en bloc amendments, scheduled for 
discussion and vote later today.
  Mr. Chairman, over one thousand World War II veterans die every day. 
A final honor bestowed upon these veterans and their families is burial 
at a military or veterans cemetery.
  My amendment will enable the Secretary of the Army and the Kansas 
Commission on Veterans Affairs to agree to a transfer of property at 
Fort Riley, Kansas for the purpose of establishing a State-constructed, 
operated and maintained veterans cemetery.
  Mr. Chairman, Congress is here to work for the people of the United 
States. The veterans organizations of the 2nd District of Kansas have 
worked hard to establish support both within the state and here in 
Washington, D.C. to support veterans that have sacrificed for our 
freedoms.
  I ask my colleagues to support the passage of the en bloc amendments 
and continued support for final passage of H.R. 4205.
  Mr. GILCHREST. Mr. Chairman, I rise in support of my amendment to the 
H.R. 4205, The National Defense Authorization Act.
  This amendment is designed to urge the Secretary of Defense to add 
five additional Weapons of Mass Destruction Civil Support Team (WMD-
CST) to the fiscal year 2001 defense bill.
  At the direction of Congress, the Department of Defense recently 
expanded this program to embrace a total of 27 teams, known as WMD 
Civil Support Teams.
  The WMD Civil Support Teams were established to deploy rapidly to 
assist a local incident commander in determining the nature

[[Page 8228]]

and extent of an attack or incident; provide expert technical advice on 
WMD response operations; and help identify and support the arrival of 
follow-on state and federal military response assets. Each team 
consists of 22 highly-skilled, full-time members of the Army and Air 
National Guard.
  The first 10 teams have completed their individual and unit 
collective training and are in the process of receiving highly 
sophisticated equipment. Each team has two large pieces of equipment: a 
mobile analytical laboratory for field analysis of chemical or 
biological agents and a unified command suite that has the ability to 
provide communications interoperability among the various responders 
who may be on scene. The first 10 teams will be certified as fully 
mission-capable later this spring, with the remaining 17 expected to 
come on line in early 2001.
  The first 10 teams are based in Colorado, Georgia, Illinois, 
California, Massachusetts, Missouri, New York, Pennsylvania, Texas and 
Washington. The remaining 17 teams, announced in January, will be based 
in Alaska, Arizona, Arkansas, California, Florida, Hawaii, Idaho, Iowa, 
Kentucky, Louisiana, Maine, Minnesota, New Mexico, Ohio, Oklahoma, 
South Carolina and Virginia.
  Surprisingly, our Nation's capital does not currently have a National 
Guard civil support team. The closest team is in rural Virginia or the 
center of Pennsylvania. These locations are too far away to provide 
comfort that my state, Maryland, will have adequate protection and 
civil support in the event a terrorist uses poison gas or germs in the 
Washington, DC or Maryland area.
  Having a team available to deploy rapidly, assess the situation, and 
coordinate assistance with local first-responders is extremely 
important.
  The WMD Civil Support Teams are unique because of their federal-state 
relationship. They are federally resourced, federally trained and 
federally evaluated, and they operate under federal doctrine. But they 
will perform their mission primarily under the command and control of 
the governors of the states in which they are located.
  They will be, first and foremost, state assets.
  Operationally, they fall under the command and control of the 
adjutant generals of those states. As a result, they will be available 
to respond to an incident as part of a state response, well before 
federal response assets would be called upon to provide assistance.
  If the situation were to evolve into an event that overwhelmed state 
and local response assets, the governor could request the president to 
issue a declaration of national disaster and to provide federal 
assistance. At that point, the team would continue to support local 
officials in their state status, but would also assist in channeling 
additional military and other federal assets in support of the local 
commander.
  It is essential to note that these teams are in no way connected with 
counter-terrorism activities. They are involved exclusively in 
consequence management activities. The civil support teams will link 
with the consequence managers in their jurisdictions. The WMD-CST will 
have robust planning and command and control capabilities and the 
ability to mobilize a military task force quickly in support of FEMA 
requests. It will also have rapid access to military forces and quick 
reach-back capability to subject matter experts, labs and medical 
support.
  If terrorists release bacteria, chemicals or viruses to harm 
Americans, we must have the ability to identify the pathogens or 
substances with speed and certainty. The technology to accomplish that 
is still evolving, and current technology is very expensive, 
technically challenging to maintain, and largely unaffordable to most 
states and localities.
  In this regard, my goal is to support America's fire, police and 
emergency medical personnel as rapidly as possible with capabilities 
and tools that complement and enhance their response, not duplicate it.
  It is better to have these teams be funded, fielded and idle than to 
have no team at all. Every Governor should, and must, have the 
flexibility to call on a WMD-CST Team if the situation warrants.
  My amendment to this year's defense bill will increase the number of 
WMD-CSTs to 32, providing greater coverage to the American population.
  I support the efforts Congress and the Defense Department have made 
to establish state-controlled WMD Civil Support Teams, which leverage 
the best military technology and expertise available, to achieve that 
goal.
  I thank you for the opportunity.
  Mr. HAYES. Mr. Chairman, my amendment is very simple. I offer it to 
ensure that Section 3157 of the National Defense Authorization Act of 
FY'98 is consistent with Section 1211 of that same Act. In 1998, the 
Congress adopted to its defense authorization legislation provisions to 
establish export control thresholds for computer technology to tier III 
countries. We established those provisions in two places of the '98 
legislation, Section 1211 and Section 3157. Since then, Congress has 
revisited Sec. 1211 and updated the threshold level to better reflect 
technological advancements. In modernizing the law, however, a slight 
oversight has been made.
  While Congress made adjustments to Section 1211 to raise export 
control thresholds, it did not make the same necessary adjustments to 
Section 3157. My amendment ensures the MTOP level (millions of 
theoretical operations per second) included in Section 1211 is 
consistent with the levels included in Section 3157.
  By no means do I intend to reopen the debate on MTOP levels and 
verification requirements. In fact, the gentlemen from California, the 
Chairman of the Rules Committee has ably engaged that very policy 
debate in this chamber today. Instead, I only wish to correct an 
inconsistency in our legislation that calls for two different 
standards.
  Mr. BRYANT. Mr. Chairman, as many of my colleagues may recall, the 
FY98-99 Defense Authorization bill included my provision establishing a 
life without parole sentencing option in the Uniform Code of Military 
Justice.
  What prompted me to push for a life without parole sentence involved 
the case of Sgt. Michael Teeter. Sgt. Teeter was sentenced to life in 
prison on June 10, 1980, by a military court for the brutal rape and 
murder of Eva Hicks-Ransom. The murder occurred in my district in 
Clarksville, Tennessee. After serving only 15 years of his life 
sentence, Teeter was granted parole.
  Because the only alternative to a life sentence was the death 
penalty, I felt a new, life without parole sentence would provide a 
jury with a broader range of options depending on the severity of the 
crime. In cases where the death penalty was too harsh, but the 
possibility of an offender eventually re-entering society was 
unconscionable, life without parole would give the jury a reasonable 
alternative.
  Since the creation of the life without parole sentence, however, the 
Department of Defense has issued an Instruction which states that a 
person sentenced to life without parole will still be eligible for 
clemency. Under clemency, a prisoner sentenced to life without parole 
can see his sentence reduced for good behavior and/or successful 
treatment after only 10 years. In theory, a person sentenced to life 
without parole could be released after serving just 15 years.
  Mr. Chairman, Section 544 of H.R. 4205 does attempt to address my 
concerns about clemency by increasing the time before clemency can be 
considered from 10 to 20 years. While I appreciate the lengths to which 
full committee Chairman Spence and subcommittee Chairman Buyer have 
gone to address this issue, it was always my intent that a person 
sentenced to life without parole would spend the rest of their life in 
prison unless they were pardoned by the President. Clemency was not 
meant to apply. I strongly believe that the Defense Department 
misinterpreted the language establishing a life without parole 
sentence, and my amendment would replace the language in Section 544 
with language which would clarify and reaffirm the intent of Congress 
that life without parole means life and that clemency does not apply.
  I urge my colleagues to support this clarifying amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN pro tempore (Mr. Gutknecht). The question is on the 
amendments en bloc, as modified, offered by the gentleman from South 
Carolina (Mr. Spence).
  The amendments en bloc, as modified, were agreed to.
  Mr. SPENCE. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Hayes) having assumed the chair, Mr. Gutknecht, Chairman pro tempore of 
the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
4205) to authorize appropriations for fiscal year 2001 for military 
activities of the Department of Defense and for military construction, 
to prescribe military personnel strengths for fiscal year 2001, and for 
other purposes, had come to no resolution thereon.




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